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AR 150/2005 INTAKE AND CASEFLOW MANAGEMENT REGULATION

(no amdt)

alberta regulation 150/2005

Family Law Act
Provincial Court Act

INTAKE AND CASEFLOW
MANAGEMENT REGULATION

Table of Contents

                1       Definitions

                2       Starting an application

                3       Scheduling a caseflow conference


                4       Caseflow conference may precede
respondent’s response

                5       Attendance at caseflow conference

                6       Service on and attendance of director

                7       Non‑attendance by applicant or respondent

                8       Caseflow conference

                9       Adjournments

              10       Scheduling of judicial dispute resolution conferences

              11       Tracking applications

              12       Collection and disclosure of information

              13       Exemption

              14       Forms

              15       Impartiality

              16       Non‑confidentiality

              17       Applicable districts and facilities

              18       Repeal

              19       Coming into force

Definitions

1   In this Regulation,

                                 (a)    “application” means an application to the Court

                                           (i)    for an order under the Family Law Act respecting parenting, guardianship, contact with a child or enforcement of time with a child, or

                                          (ii)    under the Extra‑provincial Enforcement of Custody Orders Act respecting the enforcement or variation of a custody order or the making of a custody order;

                                 (b)    “caseflow conference” means a conference that has been scheduled between a caseflow coordinator and the applicant and the respondent, and their legal counsel, if any, to explore settlement options, facilitate settlement and facilitate the applicant’s and respondent’s access to the Court;

                                 (c)    “caseflow coordinator” means a coordinator of the Court’s intake and caseflow management program;

                                 (d)    “Court” means the Provincial Court;

                                 (e)    “director” means a person designated as a director under the Child, Youth and Family Enhancement Act;

                                  (f)    “intake counsellor” means an employee of the Government of Alberta who is a family court counsellor.

Starting an application

2(1)  Before filing an application with the clerk of the Court, an applicant who is not represented by legal counsel must consult with an intake counsellor about options and possible referrals.

(2)  Before filing an application with the clerk of the Court, legal counsel for the applicant must inform the applicant of the option to schedule a caseflow conference.

(3)  A respondent who wishes to respond to an application may consult with an intake counsellor about options and possible referrals.

Scheduling a caseflow conference

3(1)  On filing an application, the clerk of the Court must schedule a caseflow conference to occur prior to a Court hearing

                                 (a)    in each case where the applicant is not represented by legal counsel, and

                                 (b)    where the applicant is represented by legal counsel, if the applicant requests it.

(2)  A caseflow coordinator may waive the requirement to schedule a caseflow conference if, in the opinion of the caseflow coordinator, it is appropriate for the application to proceed directly to a Court hearing.

(3)  Where the clerk has scheduled a caseflow conference, the applicant must serve a notice of the date, time and location of the caseflow conference on the same persons who are to be served with the application to which the caseflow conference relates in the same manner as that application is to be served.

Caseflow conference may precede
respondent’s response

4   The caseflow conference may proceed before the respondent has filed and served a response to the application pursuant to the Provincial Court Procedures (Family Law) Regulation.

Attendance at caseflow conference

5(1)  The applicant and the respondent must attend the caseflow conference and may attend with or without legal counsel.

(2)  Any other person served under section 3(3) may attend the caseflow conference or portions that are relevant to that person.

(3)  In addition to the persons served under section 3(3), the following may attend the caseflow conference:

                                 (a)    legal counsel;

                                 (b)    intake counsellor;

                                 (c)    any other person at the discretion of the caseflow coordinator.

Service on and attendance of director

6(1)  Where the application relates to a child who is in the custody or comes under the custody of a director, the applicant must serve the director with notice of the date, time and location of the caseflow conference.

(2)  A director served under subsection (1) is not required to attend the caseflow conference but may make submissions in writing or otherwise to the caseflow coordinator.

Non‑attendance by applicant or respondent

7(1)  Where a caseflow conference has been scheduled and the applicant does not attend, the caseflow coordinator must notify the clerk of the Court that the applicant did not attend and the application may be recorded as having been abandoned.

(2)  Where a caseflow conference has been scheduled and a respondent who has been served under section 3(3) does not attend,

                                 (a)    the caseflow coordinator

                                           (i)    must notify the clerk of the Court that the respondent did not attend,

                                          (ii)    must inform the clerk of the Court whether the respondent indicated in writing agreement or disagreement with the order or orders applied for, and

                                         (iii)    may arrange for the preparation of a form of order for the Court’s consideration or arrange for the applicant to proceed directly to a Court hearing without further notice to the respondent,

                                     and

                                 (b)    the Court may make an order without further notice to the respondent.

Caseflow conference

8(1)  When a caseflow conference proceeds with the applicant and respondent in attendance, the caseflow coordinator must offer to assist them to explore options and review documentation required for the application to proceed and inform them of the process to be followed.

(2)  Where the issues are resolved, the caseflow coordinator may arrange for the preparation of a form of consent order and forward it to the Court for its decision.

(3)  Where the issues are not resolved, the caseflow coordinator

                                 (a)    may, with the consent of the applicant and respondent, refer them to mediation, to an intake counsellor or to other agencies, as appropriate, or

                                 (b)    may assist the applicant and respondent to consider their options, including judicial dispute resolution and a Court hearing.

(4)  Where the issues are not resolved and the applicant and respondent do not agree on subsequent proceedings, the caseflow coordinator shall refer them to a Court hearing.

Adjournments

9(1)  Where a caseflow conference has been scheduled, the caseflow coordinator may adjourn it to another time and place or indefinitely.

(2)  The caseflow coordinator may request that the clerk of the Court adjourn a hearing to another time and place or indefinitely

                                 (a)    if the applicant consents to the adjournment and the respondent has not been served with notice of the Court hearing, or

                                 (b)    if the respondent has been served with notice of the Court hearing, and the applicant and the respondent consent to the adjournment.

Scheduling of judicial dispute resolution conferences

10   The caseflow coordinator may schedule a judicial dispute resolution conference when the caseflow coordinator considers it appropriate and if the applicant and the respondent consent.

Tracking applications

11   The caseflow coordinator must monitor the progress of an application through the proceedings referred to in this Regulation.

Collection and disclosure of information

12(1)  The caseflow coordinator may collect the following information for the purpose of evaluation respecting this Regulation:

                                 (a)    demographic information contained in the application or in a court document relating to the application;

                                 (b)    contact information for the applicant and the respondent and their legal counsel, if any.

(2)  Information collected under this section may be disclosed in a summary or statistical form.

Exemption

13(1)  Notwithstanding anything in this Regulation, the applicant or the respondent may apply to the Court, on giving at least 2 days’ notice to the other party, for an order exempting the applicant or respondent from the requirement to comply with all or part of this Regulation, and the Court may exempt the applicant or respondent if the Court considers that there is good and sufficient reason to do so.

(2)  The Court may waive the requirement to give at least 2 days’ notice.

Forms

14   All documents filed under this Regulation must be in a form satisfactory to the Court.

Impartiality

15(1)  A caseflow coordinator must act impartially.

(2)  Neither the applicant nor the respondent may call the caseflow coordinator as a witness to testify on that person’s behalf in any proceedings before the Court respecting the caseflow conference.

Non-confidentiality

16   A caseflow conference is not confidential.

Applicable districts and facilities

17   This Regulation applies in respect of a judicial district or a Court facility only if the chief judge of the Court has designated that district or facility for the purposes of this Regulation.

Repeal

18   The Intake and Caseflow Management Rules (AR 163/2001) are repealed.

Coming into force

19   This Regulation comes into force on the date the Family Law Act is proclaimed in force.