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STATUTES AMENDMENT ACT, 2015

STATUTES AMENDMENT ACT, 2015

Chapter 12

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Provincial Court Act

Amends RSA 2000 cP‑31

6(1)  The Provincial Court Act is amended by this section.

(2)  Section 1 is amended

                            (a)    by renumbering clause (a) as clause (a.2) and by adding the following before clause (a.2):

                                 (a)    “binding judicial dispute resolution proceeding” means a binding judicial dispute resolution proceeding referred to in section 64.1;

                              (a.1)    “claim” includes a third party claim unless the context requires otherwise;

                           (b)    by adding the following after clause (a.2):

                           (a.21)    “defendant” means a person against whom a remedy is sought in a claim or counterclaim filed under Part 4;

                              (a.3)    “electronic” has the same meaning as in the Electronic Transactions Act;

                              (a.4)    “hearing” includes an application, proceeding or trial before the Court under Part 4;

                            (c)    by adding the following before clause (e):

                             (d.1)    “local authority” means

                                        (i)    a city, town, village, summer village, municipal district, specialized municipality or Metis settlement,

                                      (ii)    the Minister responsible for the Municipal Government Act, in the case of an improvement district, or

                                     (iii)    the Minister responsible for the Special Areas Act, in the case of a special area;

                             (d.2)    “plaintiff” means a person who is named as plaintiff in a claim or counterclaim filed under Part 4;

                           (d)    by adding the following after clause (e):

                              (e.1)    “recorded mail” means a form of document delivery by mail or courier in which the receipt of the document must be acknowledged in writing;

                              (e.2)    “school board” means a board as defined in the School Act;

(3)  Section 6.1 is repealed and the following is substituted:

Sending of documents by a clerk

6.1   Where a clerk is required or permitted to send a document, notice or other thing under this Act or a regulation under this Act, the clerk may send it

                                 (a)    by ordinary mail,

                                 (b)    by recorded mail, or

                                 (c)    by an electronic method, if the intended recipient has provided an electronic address for that purpose.

(4)  Section 9 is amended

                            (a)    in subsection (1)

                                  (i)    in clause (b) by striking out “that may be awarded” and substituting “and interest”;

                                 (ii)    in clause (c) by adding “, allowances” after “fees”;

                                (iii)    by repealing clauses (e) and (f);

                                (iv)    in clause (g) by striking out “transcripts,”;

                                 (v)    in clause (i) by striking out “$50 000” and substituting “$100 000”;

                                (vi)    in clause (i.2)

                                       (A)    by striking out “providing for rules”;

                                       (B)    by adding “and in” after “procedure of”;

                                       (C)    by striking out “make rules”;

                                       (D)    by repealing subclauses (i) to (v) and substituting the following:

                                             (i)    respecting payment hearings and methods of payment referred to in section 44.2;

                                            (ii)    with respect to pre‑trial conferences, binding judicial dispute resolution proceedings and mediations as defined in Part 4,

                                                  (A)    respecting any practice or procedural matters not specifically provided for under sections 64 to 68;

                                                  (B)    governing confidentiality of matters considered at pre‑trial conferences, binding judicial dispute resolution proceedings and mediations;

                                                  (C)    making sections 37.1 and 64 to 68 applicable to matters before the Court that do not come under Part 4;

                                                  (D)    varying section 37.1 and the provisions of sections 64 to 68 or substituting other provisions for section 37.1 and the provisions of sections 64 to 68 and making those varied or substituted provisions applicable to matters before the Court that do not come under Part 4;

                                           (iii)    except as otherwise provided for under this Act or another enactment, governing in respect of any matter before the Court the period of time within which an act is to be carried out, the attendance of a person is required, a document must be filed with the Court or a document must be served on any party;

                                           (iv)    determining when a notice period begins or ends, or both;

                                            (v)    in respect of family law proceedings, governing the obligations of parties to attend courses, workshops or similar undertakings;

                                           (vi)    respecting hearing procedures and requirements;

                               (vii)    by adding the following after clause (i.2):

                                    (i.3)    respecting default judgments, failures to appear, staying, setting aside or varying of judgments and dismissals of claims or counterclaims;

                                    (i.4)    respecting the powers, duties and functions of clerks;

                                    (i.5)    respecting the entry or filing of a copy of an order or judgment and filing of a notice of appeal in the Court of Queen’s Bench;

                           (b)    in subsection (1.1) by striking out “rules” and substituting “regulations”;

                            (c)    by repealing subsection (2)(e), (f) and (g).

(5)  Section 9.6(3)(a) is amended by striking out “issued” and substituting “filed”.

(6)  Section 9.8 is repealed.

(7)  Section 22(b), (c), (d), (d.2) and (e) are repealed.

(8)  Sections 25 to 35 are repealed and the following is substituted:

Practice and procedure for claims, hearings and
enforcement of an order or judgment

24.1(1)  The practice and procedure to be followed in making or defending a claim or counterclaim or in enforcing an order or judgment of the Court are as set out in this Part and in the regulations.

(2)  The Court may, subject to the regulations, determine and provide direction to the parties regarding the practice and procedure to be followed before and at a hearing or a pre‑trial conference.

(3)  Subject to the regulations, the Court may adjourn a hearing or stay an action on any terms or conditions that the Court considers appropriate.

Default judgment, failure to appear, setting aside of judgment or dismissal

24.2(1)  Where a defendant has failed to defend a claim or counterclaim within the time allowed, judgment may be entered against the defendant in accordance with the procedures set out in the regulations.

(2)  If a plaintiff or defendant fails to appear on the date set for a hearing or a pre-trial conference, the Court may take the steps set out in this Act and the regulations.

(3)  Subject to the regulations, the Court may, on any terms or conditions it considers appropriate, set aside or vary a judgment entered or dismissal made under or in accordance with this section and the regulations referred to in this section.

(9)  The following is added after section 36:

Hearing procedures

36.1(1)  The Court may direct the procedures to be followed in a hearing for the purposes of ensuring an expeditious and inexpensive resolution of a matter, including, without limitation, directions

                                 (a)    respecting the amount of hearing time,

                                 (b)    respecting the number of witnesses,

                                 (c)    respecting the amount and type of testimony and evidence, and

                                 (d)    confining the parties to the particulars set out in the pleadings.

(2)  The Court may receive evidence in a manner the Court considers appropriate for the amount of the claim or counterclaim, the complexity of the issues raised in the claim or counterclaim and the purposes of ensuring an expeditious and inexpensive resolution of the matter.

(10)  Section 37 is amended

                            (a)    by adding the following after subsection (2):

(2.1)  Unless otherwise ordered by the Court, this section does not apply to a pre‑trial conference or a binding judicial dispute resolution proceeding.

                           (b)    by repealing subsection (3).

(11)  The following is added after section 37:

Costs of action

37.1   Subject to the regulations, the Court may at any time and on any conditions that the Court considers appropriate award costs in respect of any matter coming under this Part.

(12)  Sections 38 and 40 to 44 are repealed.

(13)  Section 46(1)(b)(iii) is repealed and the following is substituted:

                               (iii)    a copy of the receipt evidencing that the appellant has ordered and paid for the transcript of the evidence heard before the judge of the Provincial Court.

(14)  Section 61 is repealed and the following is substituted:

Refusal to file documents

61(1)  The Court may, if it considers it proper to do so, order a clerk not to accept a particular document for filing.

(2)  An order made under subsection (1) does not prejudice the right of a person to proceed in any other manner permitted by law.

(15)  Section 63 is amended by adding “and the regulations” after “Part”.

(16)  The following is added after section 64:

Binding judicial dispute resolution proceeding

64.1(1)  The Court may, in its sole discretion, with the written agreement of all parties, conduct a binding judicial dispute resolution proceeding.

(2)  The practice and procedure for a binding judicial dispute resolution proceeding shall be as set out in the regulations.

(3)  If the action is not settled by the parties at the binding judicial dispute resolution proceeding, the judge may give a judgment in the action despite the judge’s participation in settlement discussions in respect of the action.

(4)  A judgment given at a binding judicial dispute resolution proceeding is final and binding and, despite section 46, is not subject to appeal.

(17)  Section 67 is amended

                            (a)    in subsection (1) by adding “, binding judicial dispute resolution proceeding” after “pre‑trial conference”;

                           (b)    in subsection (2)

                                  (i)    by adding “or binding judicial dispute resolution proceeding” after “a pre‑trial conference”;

                                 (ii)    by adding “, binding judicial dispute resolution proceeding” after “the pre‑trial conference”;

                            (c)    in subsection (3)

                                  (i)    in clause (b) by adding “, binding judicial dispute resolution proceeding” after “pre‑trial conference”;

                                 (ii)    by adding the following after clause (b):

                                   (b.1)    to any judgment resulting from a binding judicial dispute resolution proceeding;

                                (iii)    in clause (d) by adding “, binding judicial dispute resolution proceeding” after “pre‑trial conference”;

                           (d)    in subsection (5) by adding “, binding judicial dispute resolution proceeding” after “pre‑trial conference”.

2015 c12 s6;2016 c18 s18

Provincial Court Act
Consequential Amendments
and Coming into Force

Amends RSA 2000 cC‑22

7(1)  The Condominium Property Act is amended by this section.

(2)  Section 36(1)(a) is amended by adding “and the regulations under that Act” after “the Provincial Court Actwherever it occurs.

Amends SA 2014 c10

8(1)   The Condominium Property Amendment Act, 2014 is amended by this section.

(2)  Section 27(a) is amended in the new section 36(1)(a)(ii) by adding “and the regulations under that Act” afterProvincial Court Act”.

Amends SA 2012 cE-0.3

9(1)  The Education Act is amended by this section.

(2)   If this section comes into force before section 288 of the Education Act comes into force, section 288 of the Education Act is amended in the row beginning with “Provincial Court Act” by striking out  “22(e)” and substituting “1(e.2)”.

(3)  If this section comes into force after section 288 of the Education Act comes into force, section 1(e.2) of the Provincial Court Act is amended by striking outSchool Actand substitutingEducation Act”.

Amends RSA 2000 cC‑26.3

10(1)  The Consumer Protection Act is amended by this section.

(2)  Section 7.4(1) is amended by adding “and the regulations under that Act” afterProvincial Court Act”.

2015 c12 s10;2017 c18 s1(25)

Amends RSA 2000 cJ‑4

11(1)  The Justice of the Peace Act is amended by this section.

(2)  Section 6(2) is amended by adding “and the regulations under that Act” afterProvincial Court Act”.

(3)  Section 12(1)(b) is amended by adding “and the regulations under that Act” afterProvincial Court Act”.

Amends SA 2013 c23

12(1)  The Statutes Amendment Act, 2013 (No. 2) is amended by this section.

(2)  If this section comes into force before section 11 of the Statutes Amendment Act, 2013 (No. 2) comes into force, section 11(2) of that Act is amended by repealing the new section 9.91(1)(d).

(3)  If this section comes into force after section 11 of the Statutes Amendment Act, 2013 (No. 2) comes into force, section 9.91(1)(d) of the Provincial Court Act is repealed.

Coming into force

13  Sections 6 to 12 come into force on Proclamation.