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AR 69/2006 DESIGNATION OF CONSTITUTIONAL DECISION MAKERS REGULATION

(Consolidated up to 245/2017)

ALBERTA REGULATION 69/2006

Administrative Procedures and Jurisdiction Act

DESIGNATION OF CONSTITUTIONAL
DECISION MAKERS REGULATION

Table of Contents

                1      Definitions


                2      Authorization

                3      Form of notice

                5      Coming into force

Schedules

Definitions

1   In this Regulation,

                               (a)    “Charter” means the Canadian Charter of Rights and Freedoms;

                              (b)    “labour arbitrator” means

                                        (i)    an arbitrator or arbitration board referred to in Part 2, Division 14.1 of the Labour Relations Code;

                                    (i.1)    a voluntary arbitration board appointed under Part 2, Division 15 of the Labour Relations Code;

                                      (ii)    a compulsory arbitration board appointed under Part 2, Division 16 of the Labour Relations Code;

                                     (iii)    a public emergency tribunal established under Part 2, Division 18 of the Labour Relations Code;

                                     (iv)    an arbitrator, arbitration board or other body referred to in Part 2, Division 22 of the Labour Relations Code;

                                       (v)    a construction industry disputes resolution tribunal under Part 3, Division 6 of the Labour Relations Code;

                                     (vi)    a compulsory arbitration board established under Part 6 of the Public Service Employee Relations Act;

                                    (vii)    an arbitrator appointed under Part 7 of the Public Service Employee Relations Act,

                                   (viii)    an interest arbitration board established under Part 3 of the Police Officers Collective Bargaining Act;

                                     (ix)    an arbitrator, a grievance arbitration board or other body referred to in Part 4 under the Police Officers Collective Bargaining Act;

                               (c)    “Law Society entity” means the Benchers or a panel, committee or subcommittee of the Benchers or any other entity established, by or under the Legal Profession Act.

Authorization

2   The decision makers listed in column 1 of the Schedule have jurisdiction to determine the questions of constitutional law set out opposite them in column 2.

Form of notice

3   The notice for the purpose of section 12(1) of the Act is set out in Schedule 2.

4   Repealed AR 245/2017 s3.


Coming into force

5   This Regulation comes into force on the coming into force of section 8 of the Administrative Procedures Amendment Act, 2005.

Schedule 1

 

Column 1

Column 2

Decision Maker

Jurisdiction

Labour Relations Board

all questions of constitutional law

Law Society entity

all questions of constitutional law

a human rights tribunal appointed under the Alberta Human Rights Act

 

questions of constitutional law arising from the federal or provincial distribution of powers under the Constitution of Canada

labour arbitrators

all questions of constitutional law

Workers’ Compensation Board

questions of constitutional law arising from the federal or provincial distribution of powers under the Constitution of Canada

Appeals Commission established under the Workers’ Compensation Act

questions of constitutional law arising from the federal or provincial distribution of powers under the Constitution of Canada

Law Enforcement Review Board

questions of constitutional law relating to the Charter

Alberta Securities Commission

questions of constitutional law that relate to the Charter or arising from the federal or provincial distribution of powers under the Constitution of Canada

Alberta Utilities Commission

all questions of constitutional law

Alberta Energy Regulator

all questions of constitutional law

AR 69/2006 Sched.1;254/2007;89/2013;189/2015

Schedule 2
(Administrative Procedures and
Jurisdiction Act (section 12))

Notice of Question of Constitutional Law

To:  The Minister of Justice and Solicitor General of Alberta:

To:  The Attorney General of Canada:

AND

To:     (decision‑maker before which question will be raised)   

From:                                                                                                      

Address:                                                                                                 

Phone:                                         

Lawyer (if any):                                                                                      

Date of hearing:                                           

I intend to raise the following question(s) of constitutional law.  Attached are the details of my argument:

Question(s):                                                                                            

I intend to seek the following relief:                                                       
                                                                                                               

Estimated time needed to call evidence and make arguments before the decision‑maker:   

Dated:                                           

Signed:                                         

Details of Argument

Details are to include:

●     The grounds to be argued and reasonable particulars of the proposed argument, including a concise statement of the constitutional principles to be argued, references to any statutory provision or rule on which reliance will be placed and any cases or authorities to be relied upon.

●     The law in question, the right or freedom alleged to be infringed or denied or the aboriginal or treaty right to be determined, as the case may be.

●     The material and documents that will be filed with the decision‑maker.

●     List of witnesses intended to be called to give evidence before the decision‑maker and the substance of their proposed testimony.

AR 69/2006 Sched. 2;170/2012