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Alberta Regulation 90/2008
Tobacco Tax Act
TOBACCO TAX (MINISTERIAL) REGULATION
Filed: June 3, 2008
For information only:   Made by the Minister of Finance and Enterprise 
(M.O. 01/2008) on April 28, 2008 pursuant to section 37.1(3) of the Tobacco Tax 
Act. 
Small amounts owing or for refund
1   The amount prescribed for the purposes of section 37.1 of the 
Tobacco Tax Act is $20.


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Alberta Regulation 91/2008
Corrections Act
DESIGNATED CORRECTIONAL INSTITUTIONS AMENDMENT ORDER
Filed: June 4, 2008
For information only:   Made by the Solicitor General and Minister of Public Security 
(M.O. 11/2006) on January 19, 2007 pursuant to section 6(2) of the Corrections Act. 
1   The Designated Correctional Institutions Order 
(AR 252/99) is amended by this Order.

2   Section 1 is amended
	(a)	by adding the following after clause (b):
	(b.1)	Calgary Attendance Centre, in the City of Calgary;
	(b)	by adding the following after clause (d):
	(d.1)	Edmonton Attendance Centre, in the City of Edmonton;



Alberta Regulation 92/2008
School Act
CERTIFICATION OF TEACHERS AMENDMENT REGULATION
Filed: June 4, 2008
For information only:   Made by the Minister of Education (M.O. 011/2008) on 
May 28, 2008 pursuant to section 94 of the School Act. 
1   The Certification of Teachers Regulation (AR 3/99) is 
amended by this Regulation.

2   Section 40 is amended by striking out "2008" and 
substituting "2010".


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Alberta Regulation 93/2008
School Act
PRACTICE REVIEW OF TEACHERS AMENDMENT REGULATION
Filed: June 4, 2008
For information only:   Made by the Minister of Education (M.O. 012/2008) on May 
28, 2008 pursuant to section 94 of the School Act. 
1   The Practice Review of Teachers Regulation (AR 4/99) is 
amended by this Regulation.

2   Section 31 is amended by striking out "June 30, 2008" and 
substituting "February 28, 2010".
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Alberta Regulation 94/2008
Financial Administration Act
INDEMNITY AUTHORIZATION AMENDMENT REGULATION
Filed: June 4, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 244/2008) 
on June 4, 2008 pursuant to section 71 of the Financial Administration Act. 
1   The Indemnity Authorization Regulation (AR 22/97) is 
amended by this Regulation.

2   The following is added after section 9:
Metis settlements official manager and 
comptroller indemnity
10(1)  Subject to subsection (2), the Minister of Finance and 
Enterprise is authorized, on behalf of the Crown, to indemnify
	(a)	an official manager appointed under section 31(1) of the 
Metis Settlements Act,
	(b)	a comptroller appointed under section 178(1) of the 
Metis Settlements Act, and
	(c)	any 
	(i)	person employed or otherwise engaged by an 
official manager or a comptroller, or
	(ii)	person or employee of any person engaged by the 
Minister responsible for the Metis Settlements Act
		to assist an official manager or a comptroller, as the 
case may be, in carrying out the official manager's or 
the comptroller's duties and functions
against all costs, charges and expenses, including amounts paid to 
settle actions or satisfy judgments, reasonably incurred by the 
official manager, the comptroller or a person referred to in clause 
(c) in respect of civil, criminal or administrative actions or 
proceedings, to which the official manager, the comptroller or the 
other person is made a party by reason of holding or having held 
that appointment, employment or engagement, as the case may be.
(2)  An official manager, a comptroller or a person referred to in 
subsection (1)(c) may be indemnified only if the official manager, 
the comptroller or the other person
	(a)	acted honestly and in good faith,
	(b)	complies with the Schedule, and
	(c)	in the case of a criminal or administrative action or 
proceeding enforceable by a monetary penalty, had 
reasonable grounds for believing that the official 
manager's, the comptroller's or the other person's 
conduct, as the case may be, was lawful.
(3)  This section applies to an official manager, a comptroller or a 
person referred to in subsection (1)(c) appointed, employed or 
engaged, as the case may be, before or after the coming into force 
of this section.


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Alberta Regulation 95/2008
Alberta Centennial Education Savings Plan Act
ALBERTA CENTENNIAL EDUCATION SAVINGS PLAN REGULATION
Filed: June 4, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 249/2008) 
on June 4, 2008 pursuant to section 6 of the Alberta Centennial Education Savings 
Plan Act. 
Table of Contents
	1	Interpretation
	2	Application
	3	Time of application
	4	Contribution
	5	Residency
	6	Beneficiary limitation
	7	Trustee agreements
	8	Use of grant
	9	Repeal
	10	Expiry
Interpretation
1(1)  In this Regulation,
	(a)	"Act" means the Alberta Centennial Education Savings Plan 
Act;
	(b)	"sibling" means a brother or sister of an eligible child or 
eligible student, as the case may be, who is related by blood, 
marriage or adoption, or by virtue of an adult interdependent 
relationship.
(2)  For the purpose of section 1(1)(a)(iii) of the Act, "eligible child" 
means a child born in 2005 or any subsequent year and adopted by a 
resident of Alberta.
(3)  For the purpose of section 1(1)(b)(ii) of the Act, "eligible student" 
means a child who, at the relevant time,
	(a)	is enrolled in an education institution satisfactory to the 
Minister, and
	(b)	has a parent or guardian, as the case may be, who is a 
resident of Alberta.
(4)  For the purpose of the Act, "ordinarily present in Alberta" includes 
a person whose home ordinarily is in Alberta but who leaves Alberta 
for a period of up to 12 months or a longer period approved by the 
Minister and intends to return to Alberta at the end of that period.
(5)  Unless the contrary intention appears, an expression defined in 
section 146.1 of the Income Tax Act (Canada) has the same meaning in 
this Regulation.
Application
2   An application for a grant under section 2 or 3 of the Act must be 
accompanied with
	(a)	evidence satisfactory to the Minister that the grant may be 
paid, and
	(b)	any other information required by the Minister for the 
purposes of administering the Act.
Time of application
3(1)  A grant shall not be paid under section 2 or 3 of the Act unless a 
trustee of a registered education savings plan submits an application in 
accordance with section 2 to the Minister
	(a)	within 3 years of the request to the trustee to make the 
application, and
	(b)	within 6 years of the applicable birthday of the eligible child 
or eligible student.
(2)  Despite subsection (1)(a), a grant may be paid with respect to an 
eligible student for an applicable birthday that occurred between 
January 1, 2005 and December 31, 2006 if the trustee of a registered 
education savings plan submits an application in accordance with 
section 2 to the Minister
	(a)	within 3 years of the request to the trustee to make the 
application, and
	(b)	within 6 years of January 1, 2007.
(3)  The Minister may extend the times referred to in subsection (1) if 
the Minister is satisfied there is a compelling reason to do so.
Contribution
4   A grant shall not be paid under section 3 of the Act unless a 
minimum of $100 was deposited into the eligible student's registered 
education savings plan for each grant being applied for within the year 
immediately preceding the application.
Residency
5   A grant shall not be paid under section 2 or 3 of the Act unless a 
parent or guardian of the eligible child or eligible student
	(a)	was a resident of Alberta at the applicable birthday, or
	(b)	is a resident of Alberta at the time of application.
Beneficiary limitation
6   A grant shall not be paid under section 2 or 3 of the Act into a 
registered education savings plan unless
	(a)	the plan has only one beneficiary, or
	(b)	all the beneficiaries of the plan are siblings.
Trustee agreements
7(1)  If an agreement is made under section 5 of the Act with the 
Government of Canada, a reference to "Minister" in this section means 
the Minister of the Government of Canada responsible for the 
agreement.
(2)  A grant shall not be paid under section 2 or 3 of the Act into a 
registered education savings plan unless a trustee of the plan enters 
into an agreement with the Minister with respect to the plan.
(3)  An agreement may include the following terms and conditions:
	(a)	the trustee shall provide the Minister with information that 
the Minister requires for the purposes of this Regulation;
	(b)	the trustee shall maintain records and books of account that 
relate to the payment of grants in such form and containing 
such information as the Minister requires to enable the 
Minister to determine whether grants will be paid or are 
required to be repaid;
	(c)	the trustee shall allow the Minister access to all documents 
and other information related to registered education savings 
plans that the Minister requires for grant audit purposes;
	(d)	the trustee shall report to the Minister
	(i)	all withdrawals and transfers from the registered 
education savings plan relating to grant money, and
	(ii)	any other information relating to the registered 
education savings plan that is specified in the 
agreement;
	(e)	the reporting referred to in clause (d) shall be done annually 
or within such shorter period that is set out in the agreement;
	(f)	the trustee shall submit all information to the Minister in a 
form and manner that is acceptable to the Minister.
Use of grant
8(1)  In this section,
	(a)	"eligible alternate beneficiary" means a beneficiary named in 
a registered education savings plan who is a sibling of the 
eligible beneficiary;
	(b)	"eligible beneficiary" means a beneficiary who has received 
a grant.
(2)  If any of the circumstances referred to in subsection (3) occur, the 
grant received shall be repaid to the Crown in right of Alberta
	(a)	by the trustee on behalf of the subscriber if the registered 
education savings plan contains sufficient funds, or
	(b)	if there are insufficient funds, by the subscriber or 
beneficiary.
(3)  The circumstances for the purpose of subsection (2) are as follows:
	(a)	the registered education savings plan to which the grant was 
deposited is terminated and the grant was not paid out as part 
of an educational assistance payment to the eligible 
beneficiary or an eligible alternate beneficiary;
	(b)	the registration of the registered education savings plan to 
which the grant was deposited is revoked;
	(c)	the grant or a portion of the grant was withdrawn from the 
registered education savings plan and not used as an 
educational assistance payment by the eligible beneficiary or 
an eligible alternate beneficiary;
	(d)	the grant money will not be used as an educational assistance 
payment by the eligible beneficiary or an eligible alternate 
beneficiary;
	(e)	an application under section 2 contained false information.
(4)  The amount of the grant to be repaid under this section is a debt to 
the Crown in right of Alberta.
Repeal
9   The Alberta Centennial Education Savings Plan Regulation 
(AR 248/2004) is repealed.
Expiry
10   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 November 30, 2015.


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Alberta Regulation 96/2008
Victims of Crime Act
VICTIMS OF CRIME AMENDMENT REGULATION
Filed: June 4, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 253/2008) 
on June 4, 2008 pursuant to section 17 of the Victims of Crime Act. 
1   The Victims of Crime Regulation (AR 63/2004) is 
amended by this Regulation.

2   Section 8 is amended
	(a)	in subsection (4) by striking out "Notwithstanding 
subsection (1)" and substituting "Notwithstanding 
subsection (1), but subject to subsection (6.1)";
	(b)	by adding the following after subsection (6):
(6.1)  Subject to subsection (6.4), a victim who suffers a 
neurological injury the severity of which is determined to be 190 
or higher is eligible for a supplemental financial benefit of $1000 
per month.
(6.2)  For the purposes of subsection (6.1), the severity of a 
neurological injury is to be determined in accordance with 
Schedule 3 and by taking into account only a single injury listed 
under the heading "Neurological" in section 3 of that Schedule.
(6.3)  Subject to subsections (6.4), (6.6) and (6.7), a 
supplemental financial benefit described in subsection (6.1) is 
payable for each month, commencing with the month in which 
the injury is sustained or the month in which this subsection 
comes into force, whichever is later, and for every month 
thereafter for the duration of the victim's life.
(6.4)  The amount of a supplemental financial benefit described 
in subsection (6.1) may be reduced or denied by the Director in 
accordance with section 4, 5 or 6.
(6.5)  The Director must, every 12 months, review the injuries of 
a victim receiving a supplemental financial benefit to determine 
whether the severity of the victim's injuries is still 190 or higher 
in accordance with subsection (6.2).
(6.6)  If, on review, the Director determines that the severity of 
the victim's injuries is lower than 190, the Director must 
terminate the supplemental financial benefit effective the month 
following the month in which the Director makes the 
determination.
(6.7)  If a victim receiving a supplemental financial benefit fails 
to participate in or to cooperate with a review under subsection 
(6.5), the Director may suspend or terminate the supplemental 
financial benefit.
(6.8)  Subsections (5) and (6) apply for the purposes of a review 
under subsection (6.5).
	(c)	in subsection (8) by striking out "subsection (4) or (7)" 
and substituting "subsection (4), (6.1) or (7)".



Alberta Regulation 97/2008
Court of Appeal Act 
Court of Queen's Bench Act 
Civil Enforcement Act
ALBERTA RULES OF COURT AMENDMENT REGULATION
Filed: June 4, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 256/2008) 
on June 4, 2008 pursuant to section 16 of the Court of Appeal Act, section 20 of the 
Court of Queen's Bench Act and section 107 of the Civil Enforcement Act. 
1   The Alberta Rules of Court (AR 390/68) are amended by 
this Regulation.



2   Rule 513 is repealed and the following is substituted: 
Production of court file
513(1)  If any party interested considers it necessary that any 
original papers or documents on file in the clerk's office or in the 
office of a tribunal whose decision is under appeal should be 
before the Court, that party may on payment of the necessary 
expenses require the clerk or tribunal to transmit them either by 
courier or registered mail to the Registrar.
(2)  A judge or case management officer may give the clerk, 
Registrar or tribunal directions for the purposes of subrule (1).

3   Rule 514(2) is amended by striking out "Appeal books" and 
substituting "Materials comprising the appeal record".

4   Rule 515 is repealed.

5   Rule 515.1(1) is repealed and the following is 
substituted:
General Appeal List
515.1(1)  The Registrar shall enter a case on the General Appeal 
List whenever the first of the following events occurs:
	(a)	6 months have elapsed since the notice of appeal was 
filed;
	(b)	the Appeal Digest referred to in Rule 530(1)(c)(i) and 
transcripts have been filed;
	(c)	a judge or case management officer directs that the case 
be so entered.

6   Rule 530 is repealed and the following is substituted:
Contents of filed record
530(1)  Subject to subrule (2), the appeal record
	(a)	must contain the following sections:
  (i)
Part I
-
Pleadings, as described in subrule 
530.3(a), prepared in accordance 
with Rule 530.4, and filed in 
accordance with Rule 530.5;
 (ii)
Part II
-
Final Documents, as described in 
subrule 530.3(b), prepared in 
accordance with Rule 530.4, and 
filed in accordance with Rule 
530.5;
(iii)
Part III
-
Any transcripts of oral evidence 
required by Rule 530.1(1)(a)(i), 
prepared in accordance with Rule 
530.2, and filed in electronic and 
paper form in accordance with 
Rule 530.5;
	(b)	may include Extracts of Key Evidence if the parties so 
elect, prepared in accordance with Rule 537.2, and filed 
in accordance with Rule 537.1;
	(c)	must be arranged and indexed in the following order:
  (i)
First
-
Appeal Digest, consisting of Parts 
I and II;
 (ii)
Second
-
Part III, oral evidence (if any) 
required by Rule 530.1(1)(a)(i);
		and the Extracts of Key Evidence are to be separately 
indexed in accordance with Rule 537.2(1);
	(d)	must contain pages numbered consecutively as follows:
	(i)	Part I must commence page numbering with page 
P1;
	(ii)	Part II must commence page numbering with page 
F1;
	(iii)	Part III must commence page numbering with page 
1;
	(iv)	if a supplement to the appeal record is filed, the 
page numbering for that supplement must continue 
sequentially from the last number of the last page 
of the immediately preceding record to which the 
supplement relates;
		and the Extracts of Key Evidence are to be numbered in 
accordance with Rule 537.2(1).
(2)  All oral or written evidence or exhibits received for that case 
by the court or tribunal whose decision is appealed is an official 
part of the appeal record, notwithstanding that no copy is officially 
filed with the Court of Appeal.
Transcripts, generally
530.1(1)  Within 10 days after a notice of appeal is filed the 
appellant must, unless otherwise ordered by a judge, 
	(a) 	order from Transcript Management Services of the 
Department of Justice, or any other commercial 
preparer, a complete verbatim transcript of
	(i)	all oral evidence,
	(ii)	all oral argument in a chambers hearing, if that 
hearing did not exceed 1/2 day, and
	(iii)	any oral reasons for the decision;
	(b)	order or commence preparation of the Appeal Digest in 
accordance with Rule 530.3.
(2)  Subject to subrule (1)(a)(ii), the appellant need not transcribe 
oral argument at a civil trial or hearing.
(3)  The appellant must file a copy of the order placed under 
subrule (1) with the Registrar within 5 days of placing the order.
(4)  Any request or countermand for preparation or revision of 
transcripts or Appeal Digests must be promptly sent to the office 
preparing them, and a copy filed with the appropriate Registrar.
(5)  Subrule (4) does not apply to Appeal Digests prepared wholly 
by an appellant or a law office.
(6)  If no oral record as provided for in subrule (1)(a) exists, the 
appellant must file with the Registrar either
	(a)	a certificate of no oral record in Form T of Schedule A 
by the appellant's solicitor, or
	(b)	if the appellant is unrepresented, a certificate in Form U 
of Schedule A by the clerk of the court or the tribunal 
from which the order, judgment or decision is being 
appealed.
Transcripts of oral evidence
530.2(1)  The transcripts of oral evidence on the appeal record 
must
	(a)	when evidence is in the form of a question and an 
answer, adhere to the following form:
	(i)	the question must commence on a separate line and 
be preceded on that line by the letter Q;
	(ii)	the answer must commence on a separate line 
following the line on which the question concludes 
and be preceded on the line on which the answer 
commences by the letter A;
	(iii)	each new question and answer must be grouped 
and preceded by a blank line;
	(b)	number every 5th line in the margin of each page;
	(c)	contain single spaced transcripts, subject to Rule 530.6.
(2)  The electronic copy of Part III, the oral evidence portion of the 
appeal record, must be filed with the Registrar in a format 
satisfactory to the Registrar.
Appeal Digest
530.3   The Appeal Digest must contain the following documents, 
excluding the document backers when they are not needed to 
distinguish different suits, in chronological, ascending date order:
	(a)	Part I, the Pleadings (as identified by the appellant when 
ordering or preparing the Appeal Digest), which are any 
documents by which proceedings are commenced or by 
which the issues in the action are defined, including at 
least
	(i)	the last amended version of any relevant pleading 
that was amended before trial,
	(ii)	any amendments made at trial, and
	(iii)	if the appeal concerns any order arising from a 
motion, the notice of motion;
	(b)	Part II, the Final Documents, which must include
	(i)	the transcribed oral or written reasons of the judge 
appealed from, and of any Master or tribunal who 
was appealed to the judge now appealed from,
	(ii)	the formal judgment or order appealed from,
	(iii)	the Notice of Appeal,
	(iv)	the Certificate of Preparer in Form S of Schedule 
A, 
	(v)	if the appeal record has been prepared by anyone 
other than Transcript Management Services of the 
Department of Justice,
	(A)	the Clerk's Certificate in Form N of Schedule 
A, and
	(B)	the Lawyer's Certificate in Form O of 
Schedule A, if the appellant is represented by 
counsel,
	(vi)	in the case of a direct appeal from a tribunal, a 
certificate from the tribunal's records custodian or, 
where the tribunal has no records custodian, an 
agreement as to the authenticity of the records 
signed by all parties, 
	(vii)	the "Ban on Publication and Similar Order" form 
or any other similar document, if one exists,
	(viii)	a transcript of all oral argument in a chambers 
hearing, if that hearing did not exceed 1/2 day, and
	(ix)	where applicable, the certificate of no oral record 
as provided for in Rule 530.1(6).
Appeal record produced in paper
530.4(1)  Any portion of Parts I, II and III of the appeal record 
produced in paper form must be prepared in the following manner:
	(a)	if they are the original copy, clearly marked as 
"original" at the top of the front cover;
	(b)	printed or reproduced on one side of good quality, 
white, 8 1/2 by 11 inch paper, bound along the right 
edge so that the printed pages are to the left;
	(c)	bound with heavy stock front and back covers, with 
	(i)	Appeal Digest covers in red, and
	(ii)	any transcript covers in grey;
	(d)	contain 
	(i)	a front cover and title page clearly setting out the 
information in Form R of Schedule A, and
	(ii)	a comprehensive table of contents of all of Parts I, 
II and III at the beginning of each volume,
		bound along the left edge of the paper, so that the 
printed pages are to the right;
	(e)	contain legible material only or, if material does not 
photocopy well, provide a photocopy together with a 
typewritten transcript of the illegible text;
	(f)	printed or reproduced in type whose capital letters are at 
least 2.9 mm high, whether or not the original is in 
smaller type and, if need be, reproducing one original 
sheet on 2 or more pages;
	(g)	contain no more than 200 pages per volume, and where 
any volume would otherwise exceed 200 pages, be split 
into separate volumes of approximately equal length.
(2)  Notwithstanding Rules 530(1) and 530.4(1), if Part III does not 
exceed a total of 15 pages, it must be included in the Appeal Digest 
and be labelled accordingly.
Transcripts of oral testimony
530.5(1)  On every appeal that contains transcripts of oral 
testimony required by Rule 530.1(1)(a)(i), the appellant must file 
with the Registrar
	(a)	the original and one paper copy of Part III, the 
transcripts of oral testimony,
	(b)	the original and 4 paper copies of Parts I and II, the 
Appeal Digest, and
	(c)	one electronic copy of Part III, the transcripts of oral 
testimony.
(2)  On every appeal when the appeal record contains no 
transcripts of oral testimony, the appellant must file with the 
Registrar the original and 4 paper copies of Parts I and II, the 
Appeal Digest.
(3)  In addition to the copies required under subrules (1) and (2), 
the appellant must serve on each other party to the appeal a copy of 
the Appeal Digest, and an electronic copy of Part III, any 
transcripts of oral testimony.
(4)  Transcripts and Appeal Digests must
	(a)	be prepared promptly and filed and served forthwith 
after they are prepared, and
	(b)	unless otherwise ordered by a judge, be filed not later 
than 15 weeks from the date on which the notice of 
appeal was filed,
or the appeal will be struck by the Registrar.
(5)  An appeal that has been struck and has not been restored 
within 6 months from the date the appeal was struck is deemed to 
be abandoned.
Appeal record that does not conform to Rules
530.6(1)  Subject to subrule (2), an appeal record that does not 
materially conform to these Rules requires a fiat from a judge, the 
Registrar, the Deputy Registrar or a case management officer, and 
the fiat must be obtained
	(a)	where there is consent, by providing a letter to the 
Registrar that sets out the discrepancies and requests 
that a fiat be granted;
	(b)	where there is no consent, by filing and serving a notice 
of motion, supporting affidavit and memorandum 
returnable before a judge.
(2)  A transcript portion of an appeal record may be filed, without 
fiat, if
	(a)	it was prepared by an official court reporter or examiner 
before service of the notice of appeal, and
	(b)	it deviates from Rule 530.2 only in spacing.

7   Rule 535(2) is repealed.

8   The following is added after Rule 537: 
Extracts of Key Evidence 
537.1(1)  If so desired, any appellant, respondent or intervener 
may each file Extracts of Key Evidence, prepared in accordance 
with Rule 537.2, which may include those
	(a)	extracts from the transcribed oral evidence or written 
trial or tribunal evidence,
	(b)	selected exhibits entered before the trial court or 
tribunal, and
	(c)	other documents on the trial or tribunal record,
that that party believes will be needed for the disposition of the 
appeal or will support the arguments in that party's factum.
(2)  Without derogating from Rule 530(2), it is the duty of counsel 
on an appeal to ensure so far as possible that only the material 
needed for the disposition of the appeal is included in the Extracts 
of Key Evidence and to exclude evidence, exhibits and other 
material unlikely to be needed.
(3)  Notwithstanding subrule (1), parties who are advancing the 
same position may, if they wish, file joint Extracts of Key 
Evidence.
(4)  A party filing Extracts of Key Evidence must, at or before the 
time of filing or service of that party's factum,
	(a)	file the original and 4 copies of its Extracts of Key 
Evidence with the Registrar, and
	(b)	serve an additional copy thereof on each of the other 
parties.
(5)  When Extracts of Key Evidence are not filed within the time 
fixed by these Rules, the party in default is not entitled to costs for 
preparation of the Extracts of Key Evidence unless the court 
otherwise orders.
Extracts of Key Evidence
537.2(1)  The Extracts of Key Evidence shall
	(a)	contain a comprehensive table of contents of the whole 
of that party's Extracts of Key Evidence at the 
beginning of each volume,
	(b)	be organized in such order as the party filing it desires, 
and not necessarily chronologically,
	(c)	subject to clause (d), contain pages numbered 
consecutively, commencing in the following fashion:
	(i)	with Page A1 in the Appellant's Extracts of Key 
Evidence;
	(ii)	with Page R1 in the Respondent's Extracts of Key 
Evidence;
	(iii)	with Page IN1 in the Intervener's Extracts of Key 
Evidence,
	(d)	not contain any duplicate page numbers, and where 
there are multiple appellants, or respondents, or 
interveners, they shall cooperate to avoid such 
duplication,
	(e)	reproduce documents in facsimile, containing legible 
material only or, if material does not photocopy well, 
provide a photocopy together with a typewritten 
transcript of the illegible text, and
	(f)	not contain any comment, argument, trial briefs, 
authorities or new evidence.
(2)  In the case of exhibits that cannot be readily reproduced and 
will be referred to in argument, the Extracts of Key Evidence must 
be accompanied by a letter to the Registrar requesting that the 
original exhibit be made available at the appeal hearing.
(3)  If the Extracts of Key Evidence, any other appendices and the 
factum together do not exceed a total of 60 pages, the Extracts of 
Key Evidence may be included as an appendix to the factum, or 
with the book of authorities.
(4)  If the Extracts of Key Evidence, any other appendices and the 
factum together do exceed a total of 60 pages, the Extracts of Key 
Evidence must be filed separately with a front cover and title page 
in Form R of Schedule A, naming the party filing it, and bound 
with heavy stock on the front and back covers coloured as follows:
	(a)	yellow for the Appellant's Extracts of Key Evidence;
	(b)	pink for the Respondent's Extracts of Key Evidence;
	(c)	dark blue for the Intervener's Extracts of Key Evidence.
(5)  No one volume of the Extracts of Key Evidence may contain 
more than 200 pages, and if the total otherwise exceeds that, the 
Extracts of Key Evidence shall be split into separate volumes of 
approximately equal length.
Expense of preparing and filing
537.3   Each party shall bear the initial expense of preparing and 
filing the appeal record and Extracts of Key Evidence which that 
party orders or files, but unless otherwise ordered and subject to 
Rule 537.1(5), the reasonable costs of preparation shall be a 
taxable disbursement in the appeal.

9   Rule 538(1)(a) is amended by striking out "appeal books 
have been" and substituting "Appeal Digest was".

10   The following is added after Rule 540(2): 
(2.1)  Any factum filed by any party must cite passages in the oral 
evidence both to the electronic appeal record and to its Extracts of 
Key Evidence, if applicable.

11   Schedule A is amended in Form N by repealing clauses 
(a) and (b) and substituting the following:
	(a)	the foregoing appeal record contains true copies of all 
material as set by
	(i)	Rules 530 to 530.6 of the Alberta Rules of Court, or
	(ii)	a Justice of the Court of Appeal,
		and
	(b)	the copies of the materials in the appeal record are
	(i)	as taken from the court file,
	(ii)	as furnished to me by counsel for the parties, or
	(iii)	as furnished to me by the appellant.

12   Schedule A is amended in Form O by striking out 
"appeal book" wherever it occurs and substituting "Appeal 
Digest".

13   Schedule A is amended in Form R
	(a)	by striking out "Title of book" and substituting "Title 
of volume";
	(b)	by striking out "prepared the appeal books" and 
substituting "prepared the appeal record";
	(c)	by striking out "appeal books have" and substituting 
"appeal record has".

14   Schedule A is amended in Form S
	(a)	by repealing clause (a) and substituting the 
following:
	(a)	I prepared the foregoing appeal record and it contains 
true copies of all material as set by1
_	Rules 530 to 530.6 of the Alberta Rules of Court,
_	Part J.6 of the Consolidated Practice Directions, or
_	a Justice of the Court of Appeal,
	(b)	by striking out "Appeal Books" wherever it occurs 
and substituting "Appeal Record".

15   Schedule A is amended by adding the forms set out in 
the Schedule to this Regulation after Form S.

16   Schedule E under the heading "Tariff of Fees Payable 
for Court Reporting Services" is amended by striking out 
section 3 and substituting the following:
Appeal Record
3		For the appeal record in the Court of Appeal of  
Alberta bound
	(a)	for indexes and certificates for  
the appeal record, and for viva voce  
evidence, per page	$ 3.70
	(b)	for pleadings and exhibits, per page	2.00
	(c)	for each additional copy of any part  
of the appeal record, per page 	.20
			Parties may purchase the original  
record only, and reproduce  
additional copies at their expense
	(d)	for each copy of an ASCII disk, per  
page	.20
	(e)	for a disk in an electronic format  
approved by the Court, per page	.40

17   In the following provisions "appeal book" is struck out 
and "appeal record" is substituted:
Rule 533; 
Rule 540(1) and (8); 
Rule 723(b).

18   In the following provisions "appeal books" is struck out 
wherever it occurs and "appeal records" is substituted:
Rule 534; 
Rule 537; 
Rule 723(b), (d) and (g).

19   This Regulation comes into force on August 1, 2008.
Schedule 
 
Form T 
 
Lawyer's Certificate of No Oral Record
I certify to the Court that
1	I am an active member of The Law Society of Alberta;
	OR
	I am a barrister and solicitor on the active roll of (name of law 
society) and, pursuant to section 48 of the Legal Profession Act, 
I am authorized to act in this matter;
2	Except as otherwise specified in this appeal record, no oral 
record as provided for in Rule 530.1(1)(a) of the Alberta Rules 
of Court exists.
Dated                                       , 20    .
	                                                     
		Lawyer's Signature                     
Name of Lawyer:		
Address:		
		
Form U 
 
Clerk's/Tribunal's Certificate of No Oral Record
I certify to the Registrar of the Court of Appeal of Alberta that
Except as otherwise specified in this appeal record, no oral record as 
provided for in Rule 530.1(1)(a) of the Alberta Rules of Court exists.
Dated                                       , 20    .
	                                                           
		Clerk of the Court of Queen's Bench 
	or the tribunal                                    
Name:		
Title:		


--------------------------------
Alberta Regulation 98/2008
Personal Directives Act
PERSONAL DIRECTIVES AMENDMENT REGULATION
Filed: June 11, 2008
For information only:   Made by the Minister of Seniors and Community Supports 
(M.O. 038/2008) on May 30, 2008 pursuant to section 33 of the Personal Directives 
Act. 
1   The Personal Directives Regulation (AR 26/98) is 
amended by this Regulation.

2   The title is amended by adding "(MINISTERIAL)" after 
"DIRECTIVES".

3   Section 1 is repealed.

4   Section 5 is repealed and the following is substituted:
Forms
5(1)  The form of a personal directive for the purposes of section 
6.1 of the Act is set out in Schedule 1.
(2)  The form of a declaration for the purposes of section 9(2)(a) of 
the Act is set out in Schedule 2.
(3)  The form of a declaration for the purposes of section 9(2)(b) of 
the Act is set out in Schedule 3.
(4)  The form of a determination for the purposes of section 
10.1(1) of the Act is set out in Schedule 4.
(5)  The form of a determination for the purposes of section 
10.1(2) of the Act is set out in Schedule 5.
(6)  The form of a determination for the purposes of section 
10.1(5) of the Act is set out in Schedule 6.
(7)  The form of a complaint for the purposes of section 24.2 of the 
Act is set out in Schedule 7.

5   The Schedule is repealed and the following is 
substituted:
Schedule 1 
 
Personal Directive 
(Section 6.1)
I,    (name of maker)   , make this Personal Directive.
This Personal Directive takes effect with respect to personal matters 
that relate to me when it is determined, in accordance with the 
Personal Directives Act, that I do not have capacity to make personal 
decisions with respect to those matters.
I have placed my initials next to the provisions in this document that 
form part of my Personal Directive.
1.  Revocation of previous personal directive
Initials              I revoke all previous personal directives made by me.
2.  Designation of agent
Initials              I designate    (name of agent or agents)    as my 
agent(s).
OR
Initials              I designate the Public Guardian as my agent.
I have consulted with the Public Guardian and the Public Guardian is 
satisfied that no other person is able and willing to act as my agent. 
The Public Guardian has agreed to be my agent.
OR
Initials              I do not wish to designate an agent, but provide the 
following information and instructions to be followed by a service 
provider who intends to provide personal services to me:
	
3.  Areas of authority
Initials              I give my agent(s) the authority to make personal 
decisions on my behalf for all the personal matters, of a non-financial 
nature, that relate to me.
OR
Initials             I give the following agent(s) the authority to make 
personal decisions on my behalf for the following personal matters, of 
a non-financial nature, that relate to me:
		Initials              health care             (name of agent(s))  	; 
Initials              accommodation     (name of agent(s))   	; 
Initials              with whom I may live and associate 
      (name of agent(s))   ; 
Initials              participation in social activities 
      (name of agent(s))   ; 
Initials              participation in educational activities 
      (name of agent(s))   ; 
Initials              participation in employment activities 
      (name of agent(s))   ; 
Initials              legal matters     (name of agent(s))   	; 
Initials              other personal matters as follows       (name 
of agent(s))   : 
	
4.  Designation of agent for temporary care and education of minor 
child(ren) (Optional)
Initials              I designate    (name of agent)    as an agent who has the 
authority to take over the care and education of my minor child(ren) 
until one of the events described in section 7(1)(e) of the Act happens.
5.  Specific instructions (Optional)
Initials              I instruct my agent(s) to carry out the following 
specific instructions when making decisions about my personal 
matters:  	

Initials______ If I have not designated an agent, or if my agent(s) are 
unable or unwilling to make a personal decision or cannot be contacted 
after every reasonable effort has been made, I instruct a service 
provider who intends to provide personal services to me to follow the 
following instructions that are relevant to the decision to be made:  	
6.  Other information (Optional)
Initials              I provide the following information to help my agent(s) 
understand my wishes, beliefs and values when making decisions 
about my personal matters:	
7.  Who determines my capacity (Optional)
Initials              I designate    (name of individual(s))   , to determine 
my capacity under section 9 of the Personal Directives Act.
8.  Notification (Optional)
Initials              If a determination is made under the Personal 
Directives Act that I lack capacity to make personal decisions, I 
instruct the person making the determination to provide a copy of the 
declaration to me, the agent(s) I have designated in this Personal 
Directive, if any, and the following people: 	
9.  Signatures
Signed by me in the presence of my witness at    (location)   , in the 
Province of Alberta, this    (day)    of    (month)   ,    (year)   .

  (signature of maker)       (signature of witness in the presence of maker)    
	                 (printed name of witness)                    
	                     (address of witness)                        
Note:  Witness should also initial provisions initialled by maker.
Note:  The following persons may not witness the signing of a 
personal directive:
_ a person designated in the directive as an agent 
_ the spouse or adult interdependent partner of a person designated in 
the directive as an agent 
_ the spouse or adult interdependent partner of the maker 
_ a person who signs the directive on behalf of the maker 
_ the spouse or adult interdependent partner of a person who signs the 
directive on behalf of the maker
10.  Acknowledgement (Optional)
I (We) acknowledge that I(we) have received a copy of this personal 
directive.

Name 
of 
Agent
Signature 
of Agent
Location 
Where 
Signed
Date of 
Signing
Telephone 
Numbers 
of Agent
Mailing 
Address 
of Agent
E-mail 
Address 
of Agent















Schedule 2 
 
Declaration of Incapacity to Make Decisions 
about a Personal Matter (Section 9(2)(a))
(To be used when a person designated in the personal directive to 
determine capacity consults with a physician or psychologist.)
Part 1
(To be completed by the person designated in the personal 
directive to determine capacity after consultation with a physician 
or psychologist.)
"capacity" means the ability to understand the information that is 
relevant to the making of a personal decision and the ability to 
appreciate the reasonably foreseeable consequences of the decision 
(s1(b) of the Personal Directives Act).
I,    (name)   , am designated in the personal directive made by the 
maker,    (name of maker)   , as the person who is to determine his/her 
capacity.
Before conducting an assessment of the capacity of the maker, I met 
with the maker and explained the purpose and nature of the 
assessment, the maker's right to refuse to be assessed and the 
significance and effect of a finding that the maker lacks capacity to 
make personal decisions.
The reason(s) I assessed the maker's capacity are as follows: 
	
I identified that an assessment of the maker's capacity to make 
personal decisions was warranted with respect to the following 
personal matters: 	
After consulting with    (name of Alberta physician or psychologist)    
and interviewing the maker, I have determined and declare that 
   (name of maker)    lacks the capacity to make decisions about the 
following personal matter(s) of a non-financial nature (check any or all 
that apply):
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
The reasons for my determination are as follows:
1.   The level of consciousness of the maker at the time of my 
determination was (check one): 
     _  alert 
     _  fluctuating 
     _  non-responsive
2.   It is my understanding that all temporary medical conditions that 
may affect the maker's capacity have been ruled out: 
     _  YES
3.   In my opinion, the maker:
	_	Is unable to understand the information that is needed to 
make a decision about the above-specified personal matter(s) 
and is unable to understand the options presented. 
  _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is unable to retain the information that is relevant to making 
a decision about the above-specified personal matter(s). 
  _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is unable to identify and appreciate the consequences of 
making or not making a decision about the above-specified 
personal matter(s).   _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is unable to communicate his/her decision about the 
above-specified personal matter(s).   _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
I recommend that this declaration be reviewed on          (date)       . 
(Optional)   
Dated at        (location)        in the Province of Alberta this 
       (day)        day of         (month)       ,         (year)       .
                                                       	 
Signature of person	Printed name of person                
completing Part 1	completing Part 1                        
Part 2
(To be completed by the physician or psychologist consulted by the 
person who completed Part 1.)
I,     (name)   , am a member in good standing of the    (College of 
Physicians and Surgeons of the Province of Alberta/College of Alberta 
Psychologists)   .
Before conducting an assessment of the capacity of the maker,    (name 
of maker)   , I met with the maker and explained the purpose and 
nature of the assessment, the maker's right to refuse to be assessed and 
the significance and effect of a finding that the maker lacks capacity to 
make personal decisions.
I have interviewed the maker and consulted with    (name of person 
who completed Part 1)   .
The reason(s) I assessed the maker's capacity are as follows: 
	
I am of the opinion that    (name of maker)    lacks the capacity to 
make decisions about the following personal matter(s) of a 
non-financial nature (check any or all that apply):
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
The reasons for my determination are as follows:
1.   The level of consciousness of the maker at the time of my 
determination was (check one): 
     _  alert 
     _  fluctuating 
     _  non-responsive
2.   Based on a medical evaluation by    (name of physician)    on 
   (day/month/year)   , all temporary medical conditions that may affect 
the capacity of the maker have been ruled out: 
     _  YES
3.   In my opinion, the maker:
	_	Is unable to understand the information that is needed to 
make a decision about the above-specified personal matter(s) 
and is unable to understand the options presented. 
  _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is unable to retain the information that is relevant to making 
a decision about the above-specified personal matter(s). 
  _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is unable to identify and appreciate the consequences of 
making or not making a decision about the above-specified 
personal matter(s).   _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is unable to communicate his/her decision about the 
above-specified personal matter(s).   _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
4.   I have attached a more detailed capacity assessment or report.  
(Optional)   _ Yes    _ No
I recommend that this declaration be reviewed on          (date)       .  
(Optional)   
Dated at        (location)        in the Province of Alberta this 
       (day)        day of         (month)       ,         (year)       .
                                                          	 
Signature of physician/	Printed name of physician/       
psychologist completing Part 2	psychologist completing Part 2
Schedule 3 
 
Declaration of Incapacity to Make Decisions 
about a Personal Matter (Section 9(2)(b))
Part 1
(To be completed by a service provider who is a physician or 
psychologist.)
"capacity" means the ability to understand the information that is 
relevant to the making of a personal decision and the ability to 
appreciate the reasonably foreseeable consequences of the decision 
(s1(b) of the Personal Directives Act).
I,    (name)   , am a member in good standing of the    (College of 
Physicians and Surgeons of the Province of Alberta/College of Alberta 
Psychologists)   .
Before conducting an assessment of the capacity of the maker,    (name 
of maker)   , I met with the maker and explained the purpose and 
nature of the assessment, the maker's right to refuse to be assessed and 
the significance and effect of a finding that the maker lacks capacity to 
make personal decisions.
The reason(s) I assessed the maker's capacity are as follows: 
	
I identified that an assessment of the maker's ability to make personal 
decisions was warranted with respect to the following personal 
matters:	
I have interviewed the maker and have determined that the maker lacks 
the capacity to make a decision about the following personal matter(s) 
of a non-financial nature (check any or all that apply):
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
The reasons for my determination are as follows:
1.   The level of consciousness of the maker at the time of my 
determination was (check one): 
     _  alert 
     _  fluctuating 
     _  non-responsive
2.   Based on a medical evaluation made by    (name of physician)    on 
   (day/month/year)   , all temporary medical conditions that may affect 
the capacity of the maker have been ruled out:     _  YES
3.   In my opinion, the maker:
	_	Is unable to understand the information that is needed to 
make a decision about the above-specified personal matter(s) 
and is unable to understand the options presented. 
  _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is unable to retain the information that is relevant to making 
a decision about the above-specified personal matter(s). 
  _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is unable to identify and appreciate the consequences of 
making or not making a decision about the above-specified 
personal matter(s).   _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is unable to communicate his/her decision about the 
above-specified personal matter(s).   _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
4.   I have attached a more detailed capacity assessment or report.  
(Optional)   _ Yes    _ No
I recommend that this declaration be reviewed on          (date)       .  
(Optional)   
Dated at        (location)        in the Province of Alberta this 
       (day)        day of         (month)       ,         (year)       .
                                                          	 
Signature of physician/	Printed name of physician/       
psychologist completing Part 1	psychologist completing Part 1
Part 2
(To be completed by a service provider.)
I,    (name)   , am    (title/position of service provider)   .
Before conducting an assessment of the capacity of the maker,    (name 
of maker)   , I met with the maker and explained the purpose and 
nature of the assessment, the maker's right to refuse to be assessed and 
the significance and effect of a finding that the maker lacks capacity to 
make personal decisions.
The reason(s) I assessed the maker's capacity are as follows: 
	
I identified that an assessment of the maker's ability to make personal 
decisions was warranted with respect to the following personal 
matters:  	
I have interviewed the maker and have determined that the maker lacks 
the capacity to make a decision about the following personal matter(s) 
of a non-financial nature (check any or all that apply):
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
The reasons for my determination are as follows:
1.   The level of consciousness of the maker at the time of my 
determination was (check one): 
     _  alert 
     _  fluctuating 
     _  non-responsive
2.   It is my understanding that all temporary medical conditions that 
may affect the maker's capacity have been ruled out: 
     _  YES
3.   In my opinion, the maker:
	_	Is unable to understand the information that is needed to 
make a decision about the above-specified personal matter(s) 
and is unable to understand the options presented. 
  _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is unable to retain the information that is relevant to making 
a decision about the above-specified personal matter(s). 
  _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is unable to identify and appreciate the consequences of 
making or not making a decision about the above-specified 
personal matter(s).   _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is unable to communicate his/her decision about the 
above-specified personal matter(s).   _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
4.   I have attached a more detailed capacity assessment or report.  
(Optional)      _  Yes       _ No
I recommend that this declaration be reviewed on          (date)       .  
(Optional)   
Dated at        (location)        in the Province of Alberta this 
       (day)        day of         (month)       ,         (year)       .
                                                           	 
Signature of service	Printed name of service           
provider completing Part 2	provider completing Part 2     
Schedule 4 
 
Determination of Regained 
Capacity (Section 10.1(1))
(To be used after a personal directive is in effect when an agent of 
the maker notices a significant change in the maker's capacity and 
a service provider who provides health care services agrees that 
the maker has regained the capacity to make decisions about 
personal matters.)
Part 1
"capacity" means the ability to understand the information that is 
relevant to the making of a personal decision and the ability to 
appreciate the reasonably foreseeable consequences of the decision 
(s1(b) of the Personal Directives Act).
"significant change" means an observable and sustained improvement 
that does not appear to be temporary (s1(o) of the Personal Directives 
Act).
The maker,    (name of maker)   , has a personal directive that is in 
effect with respect to the following personal matters:
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
I,    (name of agent)   , am designated in the maker's personal directive 
as an agent with authority to make personal decisions for the following 
personal matters:
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
I spoke with the maker,    (name of maker)   , about whether he/she has 
regained capacity to make personal decisions. (Required)
I spoke with    (name of service provider)   , a service provider who has 
recently provided a health care service to the maker, about whether the 
maker has regained capacity to make personal decisions. (Required)
I spoke with    (name of agent(s))   , other agents named in the personal 
directive, about whether the maker has regained capacity to make 
personal decisions.  (Optional)
I have reviewed health or other records about the maker that are 
relevant to my assessment of the maker's capacity, and have discussed 
the records with    (name of physician or health care practitioner)   , the 
maker's physician or other health care practitioner. (Optional)
I have considered recent statements or recommendations made by 
   (names of health care practitioners)   , health care practitioners who 
were consulted about the maker's capacity. (Optional)
In assessing whether the maker has regained capacity:
1.  _  I have observed a significant change in the maker's 
capacity, OR
_  I am satisfied that    (name of service provider)   , a service 
provider who provides health care services to the maker, has observed 
a significant change in the maker's capacity.  
(One of the above is required)
2.   _  I have considered statements or other evidence provided by 
   (name)   , a service provider, agent or other person, that corroborate 
that there has been a change in the maker's capacity to make personal 
decisions. (Required) 
Details respecting the statements or other evidence I considered are as 
follows: 
	
3.   _  I considered the following period of time over which the 
change in the maker's capacity was observed by the service provider, 
agents or other person: _________to _________. (Required)
I have determined that the maker has regained the capacity to make 
decisions about the following personal matter(s) (check any or all that 
apply):
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
In addition to my opinions expressed above, I wish to add the 
following comments in support of my determination (Optional): 
	
Dated at        (location)        in the Province of Alberta this 
       (day)        day of         (month)       ,         (year)       .
                                                                	 
Signature of agent	Printed name of agent        
Part 2
I,    (name of service provider)   , am a service provider who provides 
health care services.
I have consulted with    (name of agent who completed Part 1)   , an 
agent of the maker, about whether the maker has regained capacity to 
make personal decisions. (Required)
I spoke with the maker,    (name of maker)   , about whether he/she has 
regained capacity to make personal decisions. (Required)
I spoke with    (name of service provider)   , a service provider who has 
recently provided a health care service to the maker, about whether the 
maker has regained capacity to make personal decisions. (Required)
I spoke with    (name of agent(s))   , other agents named in the personal 
directive, about whether the maker has regained capacity to make 
personal decisions.  (Optional)
I have reviewed health or other records about the maker that are 
relevant to my assessment of the maker's capacity, and have discussed 
the records with    (name of physician or health care practitioner)   , the 
maker's physician or other health care practitioner. (Optional)
I have considered recent statements or recommendations made by 
   (names of health care practitioners)   , health care practitioners who 
were consulted about the maker's capacity. (Optional)
In assessing whether the maker has regained capacity:
1.   I am satisfied that
_      (name of agent)   ,  an agent of the maker, or  
_      (name of service provider)   ,  a service provider who provides 
health care services to the maker, 
has directly observed a significant change in the maker's capacity.  
(One of the above is required)
2.   _  I have considered statements or other evidence provided by 
   (name)   , a service provider, agent or other person, that corroborate 
that there has been a change in the maker's capacity to make personal 
decisions. (Required) 
Details respecting the statements or other evidence I considered are as 
follows: 
	
3.   _  I considered the following period of time over which the 
change in the maker's capacity was observed by the service provider, 
agents or other person: _________to _________. (Required)
I have determined that the maker has regained the capacity to make 
decisions about the following personal matter(s) (check any or all that 
apply):
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
In addition to my opinions expressed above, I wish to add the 
following comments in support of my determination (Optional): 
	
Dated at        (location)        in the Province of Alberta this 
       (day)        day of         (month)       ,         (year)       .
                                                          	 
Signature of	Printed name of                        
service provider	service provider                       
Schedule 5 
 
Determination of Regained 
Capacity (Section 10.1(2))
(To be used after a personal directive is in effect when a service 
provider who provides or intends to provide health care services to 
the maker notices a significant change in the maker's capacity.)
Part 1
"capacity" means the ability to understand the information that is 
relevant to the making of a personal decision and the ability to 
appreciate the reasonably foreseeable consequences of the decision 
(s1(b) of the Personal Directives Act).
"significant change" means an observable and sustained improvement 
that does not appear to be temporary (s1(o) of the Personal Directives 
Act).
The maker,   (name of maker)   , has a personal directive that is in 
effect with respect to the following personal matters:
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
I,    (name of service provider)   , am a service provider who provides 
or intends to provide health care services to the maker.
I spoke with the maker,     (name of maker)   , about whether he/she 
has regained capacity to make personal decisions. (Required)
I spoke with    (name of service provider)   , a service provider who has 
recently provided a health care service to the maker, about whether the 
maker has regained capacity to make personal decisions. (Required)
I spoke with    (name of agent(s))   , agent(s) named in the personal 
directive, about whether the maker has regained capacity to make 
personal decisions.  (Optional)
I have reviewed health or other records about the maker that are 
relevant to my assessment of the maker's capacity, and have discussed 
the records with    (name of physician or health care practitioner)   , the 
maker's physician or other health care practitioner. (Optional)
I have considered recent statements or recommendations made by 
   (names of health care practitioners)   , health care practitioners who 
were consulted about the maker's capacity. (Optional)
In assessing whether the maker has regained capacity:
1.   I am satisfied that
_      (name of agent)   , an agent of the maker, or  
_      (name of service provider)   , a service provider who provides 
health care services to the maker, 
has directly observed a significant change in the maker's capacity.  
(One of the above is required)
2.   _  I have considered statements or other evidence provided by 
   (name)   , a service provider, agent or other person, that corroborate 
that there has been a change in the maker's capacity to make personal 
decisions. (Required) 
Details respecting the statements or other evidence I considered are as 
follows: 
	
3.   _  I considered the following period of time over which the 
change in the maker's capacity was observed by the service provider, 
agents or other person: _________to _________. (Required)
I have determined that the maker has regained the capacity to make 
decisions about the following personal matter(s) (check any or all that 
apply):
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
In addition to my opinions expressed above, I wish to add the 
following comments in support of my determination (Optional): 
	
Dated at        (location)        in the Province of Alberta this 
       (day)        day of         (month)       ,         (year)       .
                                                          	 
Signature of	Printed name of                        
service provider	service provider                        
Part 2
(To be used if an agent is designated in the personal directive with 
authority to make personal decisions in the personal matter noted 
in Part 1 above.)
I,    (name of agent)   , am designated in the maker's personal directive 
as an agent with authority to make personal decisions for the following 
personal matters:
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
I have consulted with    (name of service provider who completed Part 
1)   , a service provider who provides or intends to provide health care 
services to the maker, about whether the maker has regained capacity 
to make personal decisions. (Required)
I spoke with the maker,    (name of maker)   , about whether he/she has 
regained capacity to make personal decisions. (Required)
I spoke with    (name of service provider)   , a service provider who has 
recently provided a health care service to the maker, about whether the 
maker has regained capacity to make personal decisions. (Required)
I spoke with    (name of agent(s))   , other agents named in the personal 
directive, about whether the maker has regained capacity to make 
personal decisions.  (Optional)
I have reviewed health or other records about the maker that are 
relevant to my assessment of the maker's capacity, and have discussed 
the records with    (name of physician or health care practitioner)   , the 
maker's physician or other health care practitioner. (Optional)
I have considered recent statements or recommendations made by 
   (names of health care practitioners)   , health care practitioners who 
were consulted about the maker's capacity. (Optional)
In assessing whether the maker has regained capacity:
1.   I am satisfied that
_      (name of agent)   , an agent of the maker, or  
_      (name of service provider)   , a service provider who provides 
health care services to the maker, 
has directly observed a significant change in the maker's capacity.  
(One of the above is required)
2.   _  I have considered statements or other evidence provided by 
   (name)   , a service provider, agent or other person, that corroborate 
that there has been a change in the maker's capacity to make personal 
decisions. (Required) 
Details respecting the statements or other evidence I considered are as 
follows: 
	
3.   _  I considered the following period of time over which the 
change in the maker's capacity was observed by the service provider, 
agents or other person: _________to _________. (Required)
I have determined that the maker has regained the capacity to make 
decisions about the following personal matter(s) (check any or all that 
apply):
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
In addition to my opinions expressed above, I wish to add the 
following comments in support of my determination (Optional): 
	
Dated at        (location)        in the Province of Alberta this 
       (day)        day of         (month)       ,         (year)       .
                                                          	 
Signature of agent	Printed name of agent              
Schedule 6 
 
Determination of Regained 
Capacity (Section 10.1(5))
(To be completed by 2 service providers, one of whom is a 
physician or psychologist, after a personal directive is in effect 
when the agent and a service provider who provides health care 
services to the maker disagree that the maker has regained the 
capacity to make decisions about personal matters.)
Part 1
"capacity" means the ability to understand the information that is 
relevant to the making of a personal decision and the ability to 
appreciate the reasonably foreseeable consequences of the decision 
(s1(b) of the Personal Directives Act).
"significant change" means an observable and sustained improvement 
that does not appear to be temporary (s1(o) of the Personal Directives 
Act).
I,    (name of consulted physician/psychologist)   , am a member in 
good standing of the    (College of Physicians and Surgeons of the 
Province of Alberta/College of Alberta Psychologists)   .
I was asked by    (name of agent or service provider)    to assess the 
capacity of the maker,   (name of maker)   , because the maker's agent 
and a service provider who provides health care services to the maker 
have assessed the maker's capacity and disagree about whether the 
maker has regained the capacity to make decisions about personal 
matters.
I identified that an assessment of the maker's ability to make personal 
decisions was warranted with respect to the following personal 
matters:  	
Before conducting an assessment of the maker's capacity, I determined 
that it was in the best interest of the maker to conduct the assessment, 
and met with the maker and explained to the maker the purpose and 
nature of the assessment.
I have interviewed the maker and determined that he/she has regained 
the capacity to make decisions about the following personal matter(s) 
of a non-financial nature (check any or all that apply):
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
The reasons for my determination are as follows:
1.   The level of consciousness of the maker at the time of my 
determination was (check one): 
     _  alert 
     _  fluctuating 
     _  non-responsive
2.   I have identified and ruled out any temporary medical conditions 
that may affect the maker's capacity to make personal 
decisions:     _  Yes
3.   In my opinion, the maker:
	_	Is able to understand the information that is needed to make a 
decision about the above-specified personal matter(s) and is 
unable to understand the options presented.  _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is able to retain the information that is relevant to making a 
decision about the above-specified personal matter(s). 
  _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is able to identify and appreciate the consequences of making 
or not making a decision about the above-specified personal 
matter(s).   _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is able to communicate his/her decision about the 
above-specified personal matter(s).   _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
4.   I have attached a more detailed capacity assessment or report.  
(Optional)  _  Yes    _  No
Dated at        (location)        in the Province of Alberta this 
       (day)        day of         (month)       ,         (year)       .
                                                        	 
Signature of physician/	Printed name of physician/         
psychologist completing Part 1	psychologist completing Part 1 
Part 2
I,    (name and title/position of service provider)   , am a service 
provider.
The reason(s) I assessed the maker's capacity are as follows: 
	
I identified that an assessment of the maker's ability to make personal 
decisions was warranted with respect to the following personal 
matters:  	
Before conducting an assessment of the maker's capacity, I determined 
that it was in the best interest of the maker to conduct the assessment, 
and met with the maker and explained to the maker the purpose and 
nature of the assessment.
I have interviewed the maker and determined that he/she has regained 
the capacity to make decisions about the following personal matter(s) 
of a non-financial nature (check any or all that apply):
_  health care 
_  accommodation 
_  with whom to live and associate 
_  participation in social activities 
_  participation in educational activities 
_  participation in employment activities 
_  legal matters 
_  other:_____________
The reason(s) for my determination are as follows:
1.   The level of consciousness of the maker at the time of my 
determination was (check one): 
     _  alert 
     _  fluctuating 
     _  non-responsive
2.   I have identified and ruled out any temporary medical conditions 
that may affect the maker's capacity to make personal 
decisions:     _  Yes
3.   In my opinion, the maker:
	_	Is able to understand the information that is needed to make a 
decision about the above-specified personal matter(s) and is 
unable to understand the options presented.  _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is able to retain the information that is relevant to making a 
decision about the above-specified personal matter(s). 
  _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is able to identify and appreciate the consequences of making 
or not making a decision about the above-specified personal 
matter(s).   _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
	_	Is able to communicate his/her decision about the 
above-specified personal matter(s).   _ Yes    _ No
         My reason(s) for this opinion are as follows: 
         	
4.   I have attached a more detailed capacity assessment or report.  
(Optional):   _ Yes    _ No
Dated at        (location)        in the Province of Alberta this 
       (day)        day of         (month)       ,         (year)       .
                                                             	 
Signature of service	Printed name of service         
provider completing Part 2	provider completing Part 2   
Schedule 7 
 
Complaint to the Public Guardian 
(section 24.2)
1.   Your contact information
	(a)	What is your name, address, preferred telephone contact 
number and alternate telephone number (please state whether 
these numbers are for home, work, cell, pager or other), 
e-mail address (if any), fax number (if any)? Please write in 
the space below. 
	
	(b)	What is your relationship to the person who made the 
personal directive? 
	
2.   Information about the person who made the personal directive 
(if known):
		What is the maker's name, address, preferred telephone 
contact number and alternate telephone number (please state 
whether these numbers are for home, work, cell, pager or 
other), e-mail address (if any), fax number (if any)? Please 
write in the space below. 
	
3.   Information about the agent (person named in the personal 
directive to make decisions on behalf of the maker and who is the 
subject of your complaint) if known:
		What is the agent's name, address, preferred telephone 
contact number and alternate telephone number (please state 
whether these numbers are for home, work, cell, pager or 
other), e-mail address (if any), fax number (if any)? Please 
write in the space below. 
	
4.   Information about the personal directive
	(a)	Do you have any other information about the personal 
directive (such as areas of agent's authority to make 
decisions)?  If so, please write in the space below. 
	
	(b)	What is the date when the personal directive was brought into 
effect (if known)? 
	
5.   Nature of your complaint
	(a)	What are the details of your complaint, including dates or 
time periods and any steps you may have taken to resolve the 
matter? Please write in the space below. 
	
	(b)	If you think this complaint requires the urgent attention of the 
Public Guardian and there is immediate concern about the 
safety of the maker, please explain why in the space below: 
	
		NOTE:  A complaint may only be made about a matter 
referred to in section 24.2 of the Personal Directives Act.
6.   People who can provide further information
		What are the full names, titles (if any), addresses and 
preferred telephone contact numbers and alternate telephone 
numbers of any person who may be able to provide further 
information about your complaint or about the maker's 
circumstances? [optional].  Please write in the space below. 
	
		NOTE:  If the subject-matter of your complaint could be an 
offence under the Criminal Code (Canada), abuse against a 
client under the Protection for Persons in Care Act or an 
offence under another statute or regulation of Alberta, the 
Public Guardian will refer the complaint to a police service 
or appropriate government ministry in accordance with s24.6 
of the Personal Directives Act.
Dated at        (location)        in the Province of Alberta this 
       (day)        day of         (month)       ,         (year)       .
                                                                 
Signature of Person Making Complaint
Your personal information is being collected under section 24.5 of the 
Personal Directives Act and will be used for the purposes of 
conducting an investigation or resolving a complaint under Part 4.1 of 
the Personal Directives Act, making a Court application under section 
25 of the Personal Directives Act or as authorized or required under 
the Freedom of Information and Protection of Privacy Act or other 
enactment. If you have any questions about this collection, you may 
contact the Office of the Public Guardian at (780) 422-1868.

6   This Regulation comes into force on the coming into 
force of the Personal Directives Amendment Act, 2007.


--------------------------------
Alberta Regulation 99/2008
Personal Directives Act
PERSONAL DIRECTIVES REGULATION
Filed: June 11, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 261/2008) 
on June 11, 2008 pursuant to section 34 of the Personal Directives Act. 
Table of Contents


	1	Definitions
	2	Required information
	3	Personal Directives Registry
	4	Registering information in personal directives registry
	5	Access, use and disclosure of registry information
	6	Agreements
	7	Assessments under s9(2)(a) of Act
	8	Assessments under s9(2)(b) of Act
	9	Assessments by agent under s10.1 of Act
	10	Assessments by service provider under s10.1 of Act
	11	Assessments under s10.1(5) of Act
	12	Investigation by Public Guardian
	13	Expiry
	14	Coming into force
Definitions
1(1)  In the Act and this Regulation,
	(a)	"health care practitioner" means a person, regulated by a 
professional Act, who provides health care to any person;
	(b)	"Minister" means the Minister determined under section 16 
of the Government Organization Act as the Minister 
responsible for the Act;
	(c)		"physician" means a person registered as a medical 
practitioner under the Medical Profession Act;
	(d)	"professional Act" means an Act that regulates a health care 
profession;
	(e)	"psychologist" means a person who is a regulated member of 
the College of Alberta Psychologists under the Health 
Professions Act;
	(f)	"record" means a record of information in any form;
	(g)	"residential facility" means
	(i)	a nursing home as defined in the Nursing Homes Act,
	(ii)	a place of care, licensed under the Social Care Facilities 
Licensing Act, for persons who are aged or infirm or 
who require special care,
	(iii)	an approved hospital or auxiliary hospital as defined in 
the Hospitals Act, or
	(iv)	lodge accommodation as defined in the Alberta Housing 
Act.
(2)  In this Regulation,
	(a)	"approved service provider" means a person or organization 
that has entered into an agreement described in section 6(1) 
with the Minister;
	(b)	"authorized user" means a person designated by an approved 
service provider under section 6(3) as an authorized user;
	(c)	"personal directives registry" means the registry established 
under section 3; 
	(d)	"registry information" means information referred to in 
section 4(1) that is registered in the personal directives 
registry;
	(e)	"third party" means, in respect of a maker, any of the 
following:
	(i)	the maker's agent, spouse, adult interdependent partner, 
child, parent, brother, sister, grandparent, grandchild, 
uncle, aunt, nephew, niece, son-in-law or 
daughter-in-law;
	(ii)	the director of a residential facility in which the maker 
resides, or a person designated by the director;
	(iii)	the maker's lawyer;
	(iv)	the maker's physician.
Required information
2(1)  The information that a maker must provide to the Public 
Guardian pursuant to section 7.1 of the Act is as follows:
	(a)	the maker's full legal name, telephone number, mailing 
address, and e-mail address, if any;
	(b)	the name and contact information of a person that the maker 
would like the Public Guardian to contact in an emergency 
situation;
	(c)	a copy of the maker's personal directive.
(2)  If the Public Guardian consents to being designated as a maker's 
agent, the maker must provide the information referred to in subsection 
(1) any time that there is a change to the information or at the request 
of the Public Guardian.
Personal Directives Registry 
3   The Minister shall establish and maintain a registry containing 
information registered in accordance with section 7.2 of the Act and 
this Regulation.
Registering information in personal directives registry
4(1)  A maker, or a third party on behalf of a maker, may provide the 
following information to the Minister for registration in the personal 
directives registry:
	(a)	the date the maker signed the personal directive;
	(b)	the maker's name, telephone number, mailing address, e-mail 
address, date of birth and personal health number;
	(c)	the name, telephone number, mailing address and e-mail 
address of any person designated in the personal directive as 
an agent of the maker.
(2)  The Minister may register information referred to in subsection 
(1)(a) or (b) with respect to a maker if the maker confirms, in a manner 
satisfactory to the Minister, that
	(a)	the information is correct, and
	(b)	the maker consents to the information being registered in the 
personal directives registry and used and disclosed in 
accordance with this Regulation.
(3)  The Minister may register information referred to in subsection 
(1)(c) with respect to a person designated in a personal directive as an 
agent of a maker if 
	(a)	the maker confirms, in a manner satisfactory to the Minister, 
that the person is designated as an agent of the maker, and
	(b)	the agent confirms, in a manner satisfactory to the Minister, 
that
	(i)	the information is correct, and
	(ii)	the agent consents to the information being registered in 
the personal directives registry and used and disclosed 
in accordance with this Regulation.
Access, use and disclosure of registry information
5(1)  Registry information may be accessed, used and disclosed as 
follows:
	(a)	a maker may access registry information that relates to the 
maker and to agents of the maker;
	(b)	an agent of a maker may access registry information that 
relates to the agent;
	(c)	the Minister may
	(i)	enter, update, correct and delete registry information,
	(ii)	disclose registry information to persons who are 
authorized to access it under this Regulation,
	(iii)	access, use and disclose registry information in the 
personal directives registry for administrative purposes, 
including statistical analysis and reporting, research, 
program planning and policy development, and
	(iv)	disclose registry information to the Public Guardian for 
the purposes of an investigation under section 24.3 of 
the Act;
	(d)	an approved service provider and its authorized users may 
access and use registry information only for the purpose of 
	(i)	determining whether persons under the care of the 
approved service provider have made personal 
directives, and 
	(ii)	contacting agents of makers under the care of the 
approved service provider.
(2)  If a person who is interested in the welfare of a maker requests 
registry information respecting the maker or an agent of the maker, the 
Minister may 
	(a)	collect the person's contact information and, with the 
person's consent, disclose it to the maker or agent, as the 
case may be, to enable the maker or agent to contact the 
person, or
	(b)	disclose the registry information to the person if, in the 
opinion of the Minister, the disclosure is in the best interest 
of the maker.
Agreements
6(1)  The Minister may enter into an agreement with any of the 
following persons or organization that permits that person or 
organization to access registry information as an approved service 
provider in accordance with this Regulation:
	(a)	a service provider who provides health care services;
	(b)	a public body under the Freedom of Information and 
Protection of Privacy Act;
	(c)	a custodian under the Health Information Act;
	(d)	an organization under the Personal Information Protection 
Act.
(2)  An agreement under subsection (1) must be in the form specified 
by the Minister.
(3)  An approved service provider may, in accordance with the terms 
of the agreement under subsection (1), designate a physician or an 
employee, contractor or agent of the approved service provider as an 
authorized user of the approved service provider.
(4)  An approved service provider and its authorized users must 
comply with
	(a)	the terms and conditions set out in the agreement under 
subsection (1), and
	(b)	the policies and procedures of the approved service provider 
developed in accordance with the agreement.
Assessments under s9(2)(a) of Act
7(1)  When a person designated in a personal directive to determine 
the maker's capacity, or a physician or psychologist who has been 
consulted by the designated person, is assessing a maker's capacity for 
the purpose of making a written declaration under section 9(2)(a) of 
the Act, the designated person, physician or psychologist must conduct 
the assessment in accordance with this section.
(2)  Before conducting the assessment, the designated person must
	(a)	identify the reasons for conducting the assessment, including 
whether the maker's capacity to make personal decisions has 
been called into question,
	(b)	meet with the maker and, after considering the reasons for 
conducting the assessment identified under clause (a) and the 
maker's usual capacity to make personal decisions, identify 
the personal matters for which an assessment of the maker's 
capacity to make personal decisions is warranted, and
	(c)	meet with the maker to explain the purpose and nature of the 
assessment, the maker's right to refuse to be assessed by the 
designated person and the significance and effect of a finding 
that the maker lacks capacity to make personal decisions.
(3)  Before the consulting physician or psychologist provides an 
opinion to the designated person regarding the physician's or 
psychologist's assessment of the maker's capacity, the physician or 
psychologist must
	(a)	identify the reasons for conducting the assessment, including 
whether the maker's capacity to make personal decisions has 
been called into question, 
	(b)	identify and rule out any temporary medical conditions that 
may affect the maker's capacity to make personal decisions, 
	(c)	meet with the maker and, after considering the matters 
identified under clauses (a) and (b), identify the personal 
matters for which an assessment of the maker's capacity to 
make personal decisions is warranted, and
	(d)	meet with the maker to explain the purpose and nature of the 
assessment, the maker's right to refuse to be assessed by the 
physician or psychologist and the significance and effect of a 
finding that the maker lacks capacity to make personal 
decisions.
(4)  The designated person and the consulting physician or 
psychologist may only conduct an assessment under this section with 
respect to the personal matters that have been identified by that 
designated person, physician or psychologist as warranting an 
assessment.
(5)  The designated person and the consulting physician or 
psychologist may only conduct an assessment under this section if the 
maker has not refused to be assessed and,
	(a)	in the opinion of the designated person, physician or 
psychologist, the maker
	(i)	appears to be capable of consenting to the assessment 
and has consented, and 
	(ii)	understands the purpose of the assessment and that the 
maker has a right to refuse to be assessed,
		or
	(b)	in the opinion of the designated person, physician or 
psychologist,
	(i)	the maker is not, or might not be, capable of consenting 
to the assessment, and
	(ii)	it is in the best interest of the maker to conduct the 
assessment.
(6)  When conducting an assessment of the maker's capacity to make 
personal decisions with respect to each personal matter identified 
under subsection (2)(b), the designated person must meet with the 
maker and form an opinion as to whether the maker is able to
	(a)	understand the information that is needed to make a decision 
and the options presented,
	(b)	retain the information that is relevant to making a decision,
	(c)	identify and appreciate the consequences of making or not 
making a decision, and
	(d)	communicate the maker's decision.
(7)  When consulting with the designated person about an assessment 
of the maker's capacity to make personal decisions with respect to 
each personal matter identified under subsection (3)(c), the physician 
or psychologist must meet with the maker and form an opinion as to 
whether the maker is able to
	(a)	understand the information that is needed to make a decision 
and the options presented,
	(b)	retain the information that is relevant to making a decision,
	(c)	identify and appreciate the consequences of making or not 
making a decision, and
	(d)	communicate the maker's decision.
(8)  If, after conducting an assessment under this section and 
consulting with a physician or psychologist, the designated person 
determines that the maker lacks capacity to make personal decisions 
with respect to a personal matter, the designated person must complete 
a written declaration with respect to that personal matter in the form 
prescribed in Schedule 2 to the Personal Directives (Ministerial) 
Regulation (AR 26/98).
(9)  If, after consulting with the designated person, considering the 
designated person's assessment and conducting an assessment under 
this section, the physician or psychologist determines that the maker 
lacks capacity to make personal decisions with respect to a personal 
matter, the physician or psychologist must provide the physician's or 
psychologist's opinion in the form prescribed in Schedule 2 to the 
Personal Directives (Ministerial) Regulation (AR 26/98).
(10)  The designated person or the consulting physician or 
psychologist may recommend a date for a review of the declaration if, 
in the opinion of the person, physician or psychologist, a periodic 
review of the maker's capacity to make personal decisions is 
appropriate.
Assessments under s9(2)(b) of Act
8(1)  When a service provider is assessing a maker's capacity for the 
purpose of making a written declaration under section 9(2)(b) of the 
Act, the service provider must conduct the assessment in accordance 
with this section.
(2)  Before conducting the assessment, the service provider must
	(a)	identify the reasons for conducting the assessment, including 
whether the maker's capacity to make personal decisions has 
been called into question,
	(b)	identify and rule out any temporary medical conditions that 
may affect the maker's capacity to make personal decisions,
	(c)	meet with the maker and, after considering the matters 
identified under clauses (a) and (b), identify the personal 
matters for which an assessment of the maker's capacity to 
make personal decisions is warranted, and
	(d)	meet with the maker to explain the purpose and nature of the 
assessment, the maker's right to refuse to be assessed by the 
service provider and the significance and effect of a finding 
that the maker lacks capacity to make personal decisions.
(3)  A service provider may only conduct an assessment under this 
section of the maker's capacity to make personal decisions with 
respect to the personal matters that have been identified by the service 
providers as warranting assessment.
(4)  A service provider may only conduct an assessment under this 
section if the maker has not refused to be assessed and,
	(a)	in the opinion of the service provider, the maker
	(i)	appears to be capable of consenting to the assessment 
and has consented, and 
	(ii)	understands the purpose of the assessment and that the 
maker has a right to refuse to be assessed, 
		or
	(b)	in the opinion of the service provider,
	(i)	the maker is not, or might not be, capable of consenting 
to the assessment, and
	(ii)	it is in the best interest of the maker to conduct the 
assessment.
(5)  When conducting an assessment of the maker's capacity to make 
personal decisions with respect to each personal matter identified 
under subsection (2)(c), the service provider must meet with the maker 
and form an opinion as to whether the maker is able to
	(a)	understand the information that is needed to make a decision 
and the options presented,
	(b)	retain the information that is relevant to making a decision,
	(c)	identify and appreciate the consequences of making or not 
making a decision, and
	(d)	communicate the maker's decision.
(6)  If, after conducting an assessment under this section, a service 
provider determines that the maker lacks capacity to make personal 
decisions with respect to a personal matter, the service provider
	(a)	must complete a declaration with respect to that personal 
matter in the form prescribed in Schedule 3 to the Personal 
Directives (Ministerial) Regulation (AR 26/98), and
	(b)	may recommend a date for a review of the declaration if, in 
the opinion of the service provider, a periodic review of the 
maker's capacity to make personal decisions is appropriate.
Assessments by agent under s10.1 of Act
9(1)  When an agent is assessing a maker's capacity pursuant to 
section 10.1(1) of the Act, or consulting with a service provider who is 
assessing the maker's capacity pursuant to section 10.1(2) of the Act, 
the agent
	(a)	must speak with the maker and with a service provider who 
has recently provided a health care service to the maker about 
whether the maker has regained capacity to make personal 
decisions,
	(b)	may speak with any other agents named in the personal 
directive or with any other person who may have relevant 
information about whether the maker has regained capacity 
to make personal decisions,
	(c)	may review any health or other records concerning the maker 
that are relevant to the assessment of the maker's capacity 
and may discuss the records with the maker's physician or 
other health care practitioners, and
	(d)	may consider recent statements or recommendations made by 
any health care practitioners who have been consulted about 
the maker's capacity.
(2)  When an agent is assessing whether the maker has regained 
capacity, the agent must
	(a)	observe, or be satisfied that a service provider who provides 
health care services to a maker has observed, a significant 
change in the maker's capacity,
	(b)	consider any statements or other evidence that may be 
provided by a service provider, agent or other person that 
corroborate that there has been a change in the maker's 
capacity to make personal decisions, and
	(c)	consider the period of time over which the change has been 
observed by service providers, agents or other persons.
Assessments by service provider under s10.1 of Act
10(1)  When a service provider is assessing a maker's capacity 
pursuant to section 10.1(2) of the Act, or consulting with an agent who 
is assessing the maker's capacity pursuant to section 10.1(1) of the 
Act, the service provider
	(a)	must speak with the maker and with a service provider who 
has recently provided a health care service to the maker about 
whether the maker has regained capacity to make personal 
decisions,
	(b)	may speak with any agents named in the personal directive or 
with any other person who may have relevant information 
about whether the maker has regained capacity to make 
personal decisions, 
	(c)	may review any health or other records concerning the maker 
that are relevant to the assessment of the maker's capacity 
and may discuss the records with the maker's physician or 
other health care practitioners, and 
	(d)	may consider recent statements or recommendations made by 
any health care practitioners who have been consulted about 
the maker's capacity. 
(2)  When a service provider is assessing whether the maker has 
regained capacity, the service provider must
	(a)	be satisfied that either an agent of the maker or a service 
provider who provides health care services to the maker has 
directly observed a significant change in the maker's 
capacity,
	(b)	consider any statements or other evidence that may be 
provided by other service providers, agents or other persons 
that corroborate that there has been a change in the maker's 
capacity to make personal decisions, and
	(c)	consider the period of time over which the change has been 
observed by other service providers, agents or other persons.
Assessments under s10.1(5) of Act
11(1)  When a service provider is assessing a maker's capacity for the 
purpose of section 10.1(5) of the Act, the service provider must 
conduct the assessment in accordance with this section.
(2)  Before conducting the assessment, the service provider must
	(a)	determine that section 10.1(4) of the Act applies,
	(b)	determine that it is in the best interest of the maker to 
conduct the assessment,
	(c)	independently identify and rule out any temporary medical 
conditions that may affect the maker's capacity to make 
personal decisions,
	(d)	meet with the maker and identify the personal matters for 
which an assessment of the maker's capacity to make 
personal decisions is warranted, and
	(e)	meet with the maker to explain to the maker the purpose and 
nature of the assessment.
(3)  When conducting an assessment of the maker's capacity to make 
personal decisions, the service provider must meet with the maker and 
form an opinion as to whether the maker is able to
	(a)	understand the information that is needed to make a decision 
and the options presented,
	(b)	retain the information that is relevant to making a decision,
	(c)	identify and appreciate the consequences of making or not 
making a decision, and
	(d)	communicate the maker's decision.
(4)  If, after conducting an assessment under this section, the service 
provider determines that the maker has regained the capacity to make 
personal decisions with respect to any of the personal matters in 
respect of which the personal directive is in effect, the service provider 
must complete a Determination of Regained Capacity in the form 
prescribed in Schedule 6 to the Personal Directives (Ministerial) 
Regulation (AR 26/98).
Investigation by Public Guardian
12   If, after conducting an investigation under Part 4.1 of the Act, the 
Public Guardian is not satisfied that there are reasonable grounds to 
believe that the grounds for complaint set out in section 24.2(1) of the 
Act apply to the agent who is the subject of the complaint, the Public 
Guardian may notify the complainant and the persons notified under 
section 24.3(2) of the Act that no further action will be taken by the 
Public Guardian.
Expiry
13   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 March 31, 2013.
Coming into force
14   This Regulation comes into force on the coming into force of 
section 1 of the Personal Directives Amendment Act, 2007, SA 2007 
c37.


--------------------------------
Alberta Regulation 100/2008
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY 
AMENDMENT REGULATION
Filed: June 11, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 268/2008) 
on June 11, 2008 pursuant to section 16 of the Government Organization Act. 
1   The Designation and Transfer of Responsibility 
Regulation (AR 38/2008) is amended by this Regulation.

2   Section 4 is amended by adding the following after 
subsection (1):
(1.1)  The Minister of Agriculture and Rural Development is 
designated as the Minister responsible for the Animal Health Act.

3   Section 5 is amended by adding the following after 
subsection (1):
(1.1)  The Minister of Children and Youth Services is designated as 
the Minister responsible for the Child Care Licensing Act.

4   Section 14(2) is amended by adding ", the Minister of 
Transportation" after "Minister of Infrastructure".

5   Section 18 is amended by adding the following after 
subsection (1):
(1.1)  The Minister of Seniors and Community Supports is 
designated as the Minister responsible for the Service Dogs Act.

6   Section 23 is amended
	(a)	by repealing subsection (1)(c) and substituting the 
following:
	(c)	Schedule 14 to the Government Organization Act;
	(b)	by adding the following after subsection (1):
(1.1)  The responsibility for sections 6 to 10 and 13 of 
Schedule 11 to the Government Organization Act is transferred 
to the common responsibility of the Minister of Transportation 
and the Minister of Infrastructure.