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ALBERTA REGULATION 204/2015

Limitations Act

NOTICE TO THE PUBLIC TRUSTEE
(MINISTERIAL) REGULATION

Notice to proceed

1(1)  Subject to subsection (2), a notice to proceed for the purposes of section 5.1 of the Act must be in Form 1 of the Schedule.

(2)  If the minor does not, to the knowledge of the potential defendant, have a guardian, the notice to proceed must be in Form 2 of the Schedule.

(3)  A notice to proceed must be

                               (a)    served personally on the minor’s guardian before it is delivered to the Public Trustee, if the minor has a guardian, and

                              (b)    delivered to the Public Trustee by recorded mail at the address shown in Forms 1 and 2 of the Schedule.

Notice delivered by Public Trustee

2(1)  A notice referred to in section 5.1(6)(a) of the Act must be in Form 3 of the Schedule.

(2)  A notice referred to in section 5.1(6)(b) of the Act must be in Form 4 of the Schedule.


(3)  A notice referred to in section 5.1(6) of the Act may be delivered by recorded mail.

Public Trustee fee when notice to proceed delivered

3   The fee payable to the Public Trustee by a potential defendant under section 5.1(3)(b) of the Act is $500 for each minor in respect of whom the potential defendant serves a notice to proceed.

Coming into force

4   This Regulation comes into force on January 1, 2016.

Schedule

Form 1

Province of Alberta, Canada
Notice to Proceed under the Limitations Act
(Minor in custody of a guardian)

Date:    (date of notice)

To:       (name of guardian), guardian of the minor, (full name of minor)

                         (residential address of guardian)                             

Copy:  Public Trustee for the Province of Alberta

              400 South, 10365 ‑ 97 Street

              Edmonton, AB    T5J 3Z8

1           This notice is delivered by or on behalf of the following person or persons ‑‑

                           (name(s) of potential defendant(s))                      

             ‑‑ who is or are referred to below as the potential defendant.

2           This notice concerns the minor, (name of minor), who, to the best of the potential defendant’s knowledge, was born on (minor’s date of birth).  The minor might have a claim against the potential defendant arising out of the following:

             (brief description of the events that might give rise to a claim, including location and time or period at or during which events occurred)        

3           There is a deadline for starting legal proceedings against the potential defendant.  The minor could lose the opportunity to enforce a claim against the potential defendant if you do not start legal proceedings on the minor’s behalf before the deadline.  You should contact a lawyer to get advice regarding the minor’s claim if you have not already done so.

4           The potential defendant will deliver a copy of this notice to the Public Trustee, as required by section 5.1 of the Act.  The Public Trustee will contact you to determine what steps you plan to take on the minor’s behalf.

             Signed:

                  (signature of potential defendant or representative)   

                                (printed name of signer)                                     

                          (relationship to potential defendant,                      

                            if not the potential defendant)                              

Additional information for the Public Trustee

[The following is to be completed on the copy of this notice that is delivered to the Public Trustee]

5           The potential defendant is aware of the following information that may assist the Public Trustee to contact the minor’s guardian:

             Guardian’s telephone number (if known):                         

             Other (e.g. guardian’s e‑mail address, if known):             

                                                                                                             

6           The Public Trustee may send notices to the potential defendant at the following address:

                  (address of potential defendant or representative)      

                                                                                                               

7           The potential defendant or the defendant’s representative may be contacted at the following telephone numbers during regular business hours:  

Statutory declaration of service on guardian

I, (name of declarant), solemnly declare that (describe manner, place and time of personal service of notice to proceed on guardian), and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.

Declared before me at                )

  (municipality)  , Alberta, this   )             (signature of declarant)

  (day)   of   (month)  , 20           )

   (signature of Commissioner for Oaths)   

        (printed name of Commissioner)        

A Commissioner for Oaths

My commission expires    (expiration date of commission, if applicable)   

Form 2

Province of Alberta, Canada
Notice to Proceed under the Limitations Act
(Minor not in custody of a guardian)

Date:    (date of notice)

To:       Public Trustee for the Province of Alberta

             400 South, 10365 ‑ 97 Street

             Edmonton, AB    T5J 3Z8

1           This notice is delivered by or on behalf of the following person or persons ‑‑

                           (name(s) of potential defendant(s))                      

             ‑‑ who is or are referred to below as the potential defendant.

2           This notice concerns the minor, (full name of minor), who, to the best of the potential defendant’s knowledge, was born on (minor’s date of birth).  The minor might have a claim against the potential defendant arising out of the following:

             (brief description of the events that might give rise to a claim, including location and time or period at or during which events occurred)        

3           To the best of the potential defendant’s knowledge, the minor has no guardian as defined by section 5.1(1) of the Act.

4           The potential defendant is aware of the following information that may assist the Public Trustee to contact the minor:

             Minor’s residential address (if known):                             
                                                                                               
                                                                                               

             Minor’s telephone number (if known):                              

             Other (e.g. e‑mail address, if known):                                 

5           The Public Trustee may send notices to the potential defendant at the following address:

                              (address of potential defendant)                         

                                                                                                               

             Signed:

                  (signature of potential defendant or representative)   

                                 (printed name of signer)                                    

                          (relationship to potential defendant,                      

                             if not the potential defendant)                             

6           The potential defendant or the defendant’s representative may be contacted at the following telephone numbers during regular business hours:  

Form 3

Province of Alberta, Canada
Office of the Public Trustee
Notice of Decision not to Intervene
Limitations Act, section 5.1(6)(a)

Date:    (date of notice)

To:       (name of potential defendant), potential defendant  

                        (address of potential defendant)                               

                                                                                                            

To:       (name of guardian), guardian of the minor, (name of minor)

                             (address of guardian)                                             

                                                                                                             

             This notice relates to the notice to proceed dated (date of notice to proceed) regarding a possible claim of the minor, (name of minor), against the potential defendant.

             The Public Trustee is satisfied that the guardian has the ability and intends to act in the best interest of the minor regarding the minor’s possible claim against the potential defendant.  Accordingly, the Public Trustee has decided not to intervene in this matter.

             In accordance with section 5.1(4) of the Act, the limitation period applicable to the minor’s possible claim against the potential defendant began to run on the date the Public Trustee received the notice to proceed, which was (date notice to proceed received by Public Trustee).

               (signature of officer)  

             Acting under the authority of the Public Trustee

             pursuant to the Public Trustee Act

Note:   The Public Trustee’s decision not to intervene in this matter does not affect the provisions of section 4 of the Minors’ Property Act.

Form 4

Province of Alberta, Canada
Office of the Public Trustee
Notice of Intention to act as Litigation Representative
Limitations Act, section 5.1(6)(b)

Date:    (date of notice)

To:       (name of potential defendant), potential defendant  

                        (address of potential defendant)                               

                                                                                                               

To:       (name of guardian), guardian of the minor, (name of minor)

                             (address of guardian)                                             

             This notice relates to the notice to proceed dated (date of notice to proceed) regarding a possible claim of the minor, (name of minor), against the potential defendant.

             The Public Trustee intends to act as litigation representative of the minor in relation to the claim.

             The Public Trustee received the notice to proceed on (date notice to proceed received by Public Trustee).

               (signature of officer)  

             Acting under the authority of the Public Trustee

             pursuant to the Public Trustee Act

Consent of Guardian

             I, (name of guardian), guardian of the minor, (name of minor), consent to the Public Trustee acting as litigation representative to the minor in relation to the minor’s claim against the potential defendant.

               (signature of guardian)