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AR 207/2014 PUBLICATION BAN (COURT APPLICATIONS AND ORDERS) REGULATION

(Consolidated up to 85/2016)

ALBERTA REGULATION 207/2014

Child, Youth and Family Enhancement Act

PUBLICATION BAN (COURT APPLICATIONS
AND ORDERS) REGULATION

Table of Contents

                1      Definitions

                2      Court practice and procedure

                3      Non-compliance with this Regulation

                4      Personal service

                5      Application

                6      Service of orders

                7      Consequential amendments

                8      Expiry


                9      Coming into force

Schedule

Definitions

1   In this Regulation,

                               (a)    “Act” means the Child, Youth and Family Enhancement Act;

                              (b)    “publication ban” means an order of the Court under section 126.3(3) of the Act that no person shall publish, in a manner that reveals that a deceased child received intervention services, the name or a photograph of the deceased child, of any parent or guardian of the deceased child or of any other individual identified in the order.

Court practice and procedure

2(1)  In any matter not provided for in the Act or the regulations under it, the Court may follow the Alberta Rules of Court and the procedures of the Court of Queen’s Bench.

(2)  The Court may give directions respecting any practice or procedure in the Court.

(3)  The Court on application may

                               (a)    vary a rule of practice or procedure,

                              (b)    refuse to apply a rule of practice or procedure, or

                               (c)    direct that some other practice or procedure be followed.

Non-compliance with this Regulation

3(1)  Unless the Court so directs, non‑compliance with this Regulation does not render any act or proceeding void, but the act or proceeding may be set aside either wholly or in part as irregular or amended or otherwise dealt with.

(2)  No proceeding shall be defeated on the ground of an alleged defect of form.

Personal service

4(1)  Personal service is effected on an individual by leaving with the individual a copy of the document to be served.

(2)  Personal service is effected on a corporation by leaving a copy of the document to be served with the mayor, reeve, president, chairman or other head officer by whatever name that person is known, or with the manager, office manager, cashier, secretary or agent.

Application

5(1)  An application for a publication ban under section 126.3(2) of the Act is to be commenced by completing and filing Form 1 prescribed in the Schedule with the clerk of the Court before the Court hears the application.

(2)  A publication ban may be in Form 2 of the Schedule.

(3)  An application under section 126.3(5) of the Act for an order setting aside a publication ban is to be commenced by completing and filing Form 3 prescribed in the Schedule with the clerk of the Court before the Court hears the application.

(4)  An order under section 126.3(5) of the Act setting aside a publication ban may be in Form 4 of the Schedule.

(5)  Notwithstanding subsections (1) and (3), the Court may hear an application before the relevant form is filed with the clerk of the Court.

(6)  Notwithstanding subsections (1) and (3), notice of an application is not insufficient merely because the relevant form was not filed before it was served on the person notified.

Service of orders

6   A publication ban ordered under section 126.3(3) of the Act or an order under section 126.3(5) of the Act setting aside a publication ban must be served on

                               (a)    the parents of the deceased child in respect of whom the order is made,

                              (b)    the guardians, if any, of the deceased child,

                               (c)    all other individuals, if any, identified in the order, and

                              (d)    a director, unless a director applied for the order. 

Consequential amendments

7(1)  The Court Rules and Forms Regulation (AR 39/2002) is amended by this section.

(2)  Section 2(1) is amended by striking out “this Regulation” and substituting “the regulations under it”.

(3)  Section 5(1) is amended by adding “, other than under section 126.3 of the Act,” after “the Act”.

(4)  Section 5.1 is amended by adding “, other than an order under section 126.3 of the Act,” after “of the court”.


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 September 30, 2022.

Coming into force

9   This Regulation comes into force on the coming into force of section 126.3 of the Child, Youth and Family Enhancement Act.

(NOTE:   Despite section 9, this Regulation came into force on the date it was filed — November 27, 2014; see section 2 of the Regulations Act.)

 

Schedule

Form 1
Application for an Order
Prohibiting Publication

In the Provincial Court of Alberta in the Matter of an
Application under section 126.3(2) of the Child,
Youth and Family Enhancement Act.

Regarding the child

                                            , born    (date-yyyy/mm/dd)   , a deceased child who received intervention services under the Child, Youth and Family Enhancement Act

1   My name is    (name of applicant)  

    I am a family member of the deceased child within the meaning of section 126.3(1) of the Act.  My relationship to the child is

                                   I am the deceased child’s parent.

                                   I am the deceased child’s guardian.

                                   I am the deceased child’s grandparent.

                                   I am the deceased child’s sibling.

                                   I stand in the place of a parent with respect to the deceased child.

  I have the authority to act for the director.

  I am seeking permission from the Court to make this application

Application

2   I am applying for an order prohibiting publication of the name and photograph of the deceased child, any parent of the deceased child and any guardian of the deceased child in a manner that reveals that the deceased child received intervention services.

  I am also applying for an order prohibiting publication of the name and photograph of the following individual(s) in a manner that reveals that the deceased child received intervention services:

          (name)              , born    (date-yyyy/mm/dd)  

          (name)              , born    (date-yyyy/mm/dd)  

          (name)              , born    (date-yyyy/mm/dd)  

Affidavit

3   In support of my application, I make oath and say that:

  “(check only if you are seeking permission from the Court to apply) I believe that the Court should grant me permission to make this application because: ____________________________________________________
____________________________________________________
____________________________________________________.

  I believe that publication of the name and photograph of the deceased child, any parent of the deceased child and any guardian of the deceased child in a manner that reveals that the deceased child received intervention services should be prohibited because: _____________________________________________________
_____________________________________________________
_____________________________________________________.

  I believe that publication of the name and photograph of

          (name)              , born    (date-yyyy/mm/dd)  

          (name)              , born    (date-yyyy/mm/dd)  

          (name)              , born    (date-yyyy/mm/dd)  

in a manner that reveals that the deceased child received intervention services should be prohibited because: ____________
_____________________________________________________
_____________________________________________________.

  I believe that the deceased child’s sibling(s), namely

          (name)              , born    (date-yyyy/mm/dd)  

          (name)              , born    (date-yyyy/mm/dd)  

          (name)              , born    (date-yyyy/mm/dd)  

is/are receiving intervention services and that the order would be in their best interests because: _______________________________
_____________________________________________________
_____________________________________________________.

  I believe that publication of the name and photograph of the deceased child, any parent of the deceased child and any guardian of the deceased child in a manner that reveals that the deceased child received intervention services would be contrary to the known wishes of the deceased child.  The grounds for my belief are _____________________________________________________
_____________________________________________________
_____________________________________________________.

  I believe that there are other grounds for prohibiting the publication, which include  _______________________________
_____________________________________________________
_____________________________________________________.

SWORN BEFORE ME at the              of   )
              , in the Province of Alberta, the  )
         day of                        ,                    .)       (Applicant’s Signature)   
                                                                 )       (date-yyyy/mm/dd)
   
(Commissioner for Oaths                          )
in and for the Province of Alberta)           )

Form 2

In the Provincial Court of Alberta in the Matter of an
Application under section 126.3(2) of the Child,
Youth and Family Enhancement Act.

Regarding the child

                                            , born    (date-yyyy/mm/dd)   , a deceased child who received intervention services under the Child, Youth and Family Enhancement Act

Heard Before

The Honourable Judge                             at   (time)  a.m./p.m.    on

                                                  ,                   (day of the week)    , the

                                                                             (number)       day of

                                                                             (month)   ,    (year)   

at                                              , Alberta.

ORDER PROHIBITING PUBLICATION

   (name of applicant)     (add if required: acting on the authority of the director) has applied for an order prohibiting publication, in a manner that reveals that the deceased child received intervention services, of the name and photograph of the deceased child, any parent of the deceased child and any guardian of the deceased child (add if required: and the following individual(s):

          (name)              , born    (date-yyyy/mm/dd)  

          (name)              , born    (date-yyyy/mm/dd)  

          (name)              , born    (date-yyyy/mm/dd)  

AND on being satisfied, having regard to the matters referred to in section 126.3(3)(a), (b) and (c) of the Act, that it would be appropriate to make the order,

IT IS ORDERED THAT no person shall publish the name or photograph of any of the following individuals in a manner that reveals that the deceased child received intervention services:

          (name)              , born    (date-yyyy/mm/dd)  

          (name)              , born    (date-yyyy/mm/dd)  

          (name)              , born    (date-yyyy/mm/dd)  

Dated this ­­         day of          at           in the Province of Alberta.

    (name of judge)    

Form 3
Application for an Order Setting
Aside a Publication Ban

In the Provincial Court of Alberta in the Matter of an
Application under section 126.3(5) of the Child,
Youth and Family Enhancement Act.

Regarding the child

                                            ,  born    (date-yyyy/mm/dd)    , a deceased child who received intervention services under the Child, Youth and Family Enhancement Act

1   My name is    (name of applicant)   .  I am not a family member of the deceased child within the meaning of section 126.3(1) of the Act.

Application

2   I am applying under section 126.3(5) of the Act for an order setting aside the order of the Provincial Court Judge    (name of judge, if known)    sitting at    (city/town)   , Alberta on    (date of Provincial Court hearing)   , 20  (year)  .  The Provincial Court Judge ordered  __(nature of the ordered publication ban)   .

I seek an order allowing publication, in a manner that reveals that the child received intervention services, of the name and photograph of the deceased child, any parent or guardian of the deceased child and any other individual(s) identified in the ordered publication ban.

Affidavit

3   In support of my application, I make oath and say that:

  I was served with a copy of the order containing the publication ban.  

  I seek an order setting aside the ordered publication ban because: ______________________________________________
_____________________________________________________
_____________________________________________________.

SWORN BEFORE ME at the              of   )
              , in the Province of Alberta, the  )
         day of                        ,                    .)       (Applicant’s Signature)   
                                                                 )       (date-yyyy/mm/dd)
   
(Commissioner for Oaths                          )
in and for the Province of Alberta)           )

Form 4

In the Provincial Court of Alberta in the Matter of an
Application under section 126.3(5) of the Child,
Youth and Family Enhancement Act.

Regarding the child

                                            , born    (date-yyyy/mm/dd)   , a deceased child who received intervention services under the Child, Youth and Family Enhancement Act

Heard Before

The Honourable Judge                             at   (time)  a.m./p.m.    on

                                                  ,                   (day of the week)    , the

                                                                             (number)       day of

                                                                             (month)   ,    (year)   

at                                              , Alberta.

ORDER SETTING ASIDE A PUBLICATION BAN

   (name of applicant)     (add if required: acting on the authority of the director) has applied for an order setting aside the order of the Provincial Court Judge    (name of judge, if known)    sitting at    (city/town)   , Alberta on    (date of Provincial Court hearing)   , 20  (year)  .  The Provincial Court Judge ordered ___(nature of the ordered publication ban)   :

AND on being satisfied that it would be appropriate to make the order,

IT IS ORDERED THAT the order is set aside and any person may publish the name and photograph of the following individuals in a manner that reveals that the deceased child received intervention services:

          (name)              , born    (date-yyyy/mm/dd)  

          (name)              , born    (date-yyyy/mm/dd)  

          (name)              , born    (date-yyyy/mm/dd)  

Dated this ­­         day of          at           in the Province of Alberta.

    (name of judge)    

AR 207/2014 Sched.;85/2016