Copyright and Disclaimer Print


AR 200/2001 DEBTORS' ASSISTANCE REGULATION

(Consolidated up to 150/2017)

ALBERTA REGULATION 200/2001

Debtors Assistance Act

DEBTORS ASSISTANCE REGULATION

Table of Contents

                1      Definitions

                2      Fidelity bonds

                3      Remuneration and expenses

                4      Fees for Board services

                5      Contents of annual report

                6      Insurance requirements

                7      Repeal

                8      Expiry

                9      Coming into force


Definitions

1   In this Regulation,

                               (a)    “Act” means the Debtors’ Assistance Act;

                              (b)    “Board” means the Debtors’ Assistance Board or its delegate.

Fidelity bonds

2(1)  The Board must obtain a fidelity bond, or equivalent insurance, for at least $1 000 000 covering any one loss.

(2)  The fidelity bond or equivalent insurance must cover the officers and employees of the Board while carrying out duties relating to any money, security or property belonging to or held by the Board.

Remuneration and expenses

3(1)  For the purposes of section 3(3) of the Act, the members, officers, employees and delegates of the Board are entitled to remuneration and expenses at a rate set by the Board.

(2)  The Board must review the rates of remuneration and expenses at least every 12 months.

(3)  No member, officer, employee or delegate may be reimbursed for expenses incurred in respect of a person other than the member, officer, employee or delegate unless the Board approves the reimbursement in advance.

(4)  If a member, officer, employee or delegate receives reimbursement for the same expenses from a source or entity other than the Board, that member, officer, employee or delegate must repay to the Board any money received as reimbursement for those same expenses under this Regulation.

Fees for Board services

4(1)  The fee for services provided by the Board under the Act is $100 plus applicable disbursements.

(2)  In addition to the fee under subsection (1), where a debtor and creditor have used the services of the Board to enter into a debt repayment agreement, the Board may either

                               (a)    charge the debtor a fee that is equal to up to 15% of the total amount of the debt that is to be repaid under the agreement if the debtor sought the assistance of the Board, or

                              (b)    for each payment that the Board makes on behalf of the debtor to the creditor charge the creditor a fee equal to up to 25% of the payment and deduct that fee from each such payment.

(3)  The Board may

                               (a)    determine the percentage amount that may be charged by the Board under subsection (2)(a) or (b), and

                              (b)    waive all or part of a fee under this section where it considers it appropriate to do so.

AR 200/2001 s4;7/2008

Contents of annual report

5   Pursuant to section 10(1)(e) of the Act, if required by the Minister, the annual report prepared by the Board must contain

                               (a)    a current annual 3‑year business plan which includes an expenditure and revenue report and a revenue generation plan,

                              (b)    a service delivery report,

                               (c)    an annual budget, and

                              (d)    the amount of remuneration and expenses paid in the fiscal year to the Executive Director.

Insurance requirements

6(1)  The Board must, without limiting its obligations or liabilities, insure its operation under a contract of comprehensive general liability insurance with an insurer licensed in Alberta in an amount not less than $1 000 000 per occurrence, with a general aggregate of at least $2 000 000, against bodily injury and property damage, including loss of use of the property.

(2)  Insurance referred to in subsection (1) must include coverage for blanket written contractual liability, employees as additional insureds and contingent employers’ liability.

(3)  The Board must insure all its personal property related to the services provided by the Board.

(4)  The Board must maintain an automobile liability insurance policy in an amount not less than $1 000 000 per occurrence in respect of the use and operation of each automobile owned or leased by the Board.

(5)  The Board must provide evidence of the coverage required under this section to the Minister on request.

(6)  The contract of insurance must include an endorsement that the Board will provide the Minister with 30 days written notice of a proposed cancellation or material change.

Repeal

7   The Debtors’ Assistance Fee Regulation (AR 303/96) is repealed by this Regulation.

Expiry

8   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 31, 2022.

AR 200/2001 s8;199/2006;7/2008;150/2017

Coming into force

9   This Regulation comes into force on the coming into force of section 2 of the Municipal Affairs Statutes Amendment Act, 1997.