O.C. 192/2020

A.R. 97/2020

June 26, 2020


            The Lieutenant Governor in Council makes the Protecting Survivors of Human Trafficking Regulation set out in the attached Appendix.

For Information only

Recommended by:          Minister of Justice and Solicitor General

Authority:                             Protecting Survivors of Human Trafficking Act
                                                (section 20)


 

APPENDIX

Protecting Survivors of Human Trafficking Act

PROTECTING SURVIVORS OF HUMAN
TRAFFICKING REGULATION

Table of Contents

                1       Definitions

                2       Designated persons applying for order

                3       Designated persons applying for warrant permitting entry

                4       Commencement of application

                5       Forms

                6       Application to restrict publication, etc.

                7       Evidence at hearing

                8       Copies of order

                9       Service of order

              10       Filing and service of applications

              11       Substitutional service

              12       Proof of service

              13       Court practice and procedure

              14       Appeals

              15       Fees

              16       Coming into force

Schedule

Definitions

1   In this Regulation,

                                 (a)    “Act” means the Protecting Survivors of Human Trafficking Act;

                                 (b)    “judge” means a judge of the Provincial Court or a justice of the peace;

                                 (c)    “order” means a human trafficking protection order as defined in the Act.

Designated persons applying for order

2   The following are designated persons for the purpose of applying for an order under section 2(1)(e) of the Act:

                                 (a)    a person authorized by a police service;

                                 (b)    a person or a member of a category of persons authorized by the Minister.

Designated persons applying for warrant permitting entry

3(1)  For the purposes of section 7(1)(a) of the Act, a person or a member of a category of persons authorized by the Minister is designated as a person who may apply for a warrant permitting entry.

(2)  An application by a person designated in subsection (1) may be made in person or, at the judge’s discretion, by telecommunication or videoconference.

Commencement of application

4(1)  An application under the Act is commenced by completing and filing the relevant form with the clerk of the court before the court hears the application.

(2)  Notwithstanding subsection (1), the court may hear an application before the relevant form is filed with the clerk of the court.

Forms

5   The forms set out in the Schedule must be used in any application to the court under the Act.

Application to restrict publication, etc.

6   An application for an order may include an application under section 10(2) of the Act for an order restricting publication, broadcast or transmission of information that could identify the victim or any witness in an application.

Evidence at hearing

7(1)  At the hearing of an application for an order, a judge must

                                 (a)    take the evidence under oath or affirmation, as the case may be, in accordance with the Alberta Evidence Act, and

                                 (b)    ensure that a record of the evidence of each person is made

                                           (i)    in legible writing in the form of notes made by the judge or a statement of the person giving the evidence, or

                                          (ii)    by a sound recording of the proceedings.

(2)  For the purposes of subsection (1), an oath or affirmation may be administered by telecommunication or videoconference.

(3)  Where the victim or any witness in an application under the Act is required to give oral testimony, a judge may direct that the victim or witness testify outside the courtroom or behind a screen or other device that would allow the victim or witness not to see the respondent if the judge is satisfied that the direction would facilitate the giving of a full and candid account of the evidence by the victim or witness or that it is necessary for the proper administration of justice.

Copies of order

8   When granting an order, the judge must complete the original order and, for the purposes of sections 9 and 12(2), must

                                 (a)    ensure 3 copies are made, or

                                 (b)    if the application for an order is made by telecommunication or videoconference by a person referred to in section 2(1)(c), (d) or (e) of the Act, direct that person to complete 3 copies of the order containing the same information and provisions as the original order.

Service of order

9(1)  A copy of an order must be served on the respondent as soon as reasonably possible by a police officer or by any other person that the judge directs by leaving it with the respondent.

(2)  Where a person applies for an order under section 2(1)(c), (d) or (e) of the Act, that person must provide a copy of the order to the victim.

Filing and service of applications

10(1)  Unless the court otherwise directs, an application under section 5(2), 8(1), 9(1), 10(2) or 11(4) of the Act must be filed and a copy of the application must be served on the respondent or victim, as the case may be, by leaving a copy of the application with the individual being served at least 7 days before the date the application is scheduled to be heard.

(2)  Service of an application under subsection (1) must be made by a person other than the respondent or victim.

(3)  Despite subsections (1) and (2), an application under subsection (1) is not required to be served on the respondent if

                                 (a)    the application is made under section 10(2) or 11(4) of the Act in conjunction with an application for an order, or

                                 (b)    the court is satisfied that

                                           (i)    no notice is necessary, or

                                          (ii)    serving the application might cause undue prejudice to the victim or expose the victim to a risk of harm.

Substitutional service

11(1)  If it is impractical for any reason to personally serve an order in accordance with section 9(1) or an application in accordance with section 10(1), the following persons may apply to a judge, in person, by telecommunication or videoconference, for an order for substitutional service:

                                 (a)    in the case of service of an order, a person referred to in section 2(1)(c), (d) or (e) of the Act;

                                 (b)    in the case of service of an application, the person making the application.

(2)  An application for substitutional service is to be supported by evidence setting out why personal service is impractical and by proposing a method of service that is likely to bring notice of the document to the respondent.

(3)  In making a substitutional service order, the judge must direct, on any terms that the judge considers appropriate, any one or more of the following methods of substitutional service that the judge is satisfied is likely to bring notice of the document to the respondent:

                                 (a)    serving a member of the respondent’s family or another person who is able to bring the document to the respondent’s attention;

                                 (b)    serving a person with whom the respondent is residing or leaving the document at the place where the respondent is residing;

                                 (c)    posting the document in a public place;

                                 (d)    publishing the document in a newspaper;

                                 (e)    sending the document by electronic mail to the respondent’s email address;

                                 (f)    any other method the judge considers appropriate.

Proof of service

12(1)  Service of a document may be proved by the oral testimony or affidavit of the person who served it.

(2)  A police officer or any other person who serves an order on a respondent must as soon as reasonably possible after service forward the completed affidavit of service with a copy of the order attached as an exhibit to the clerk of the court at the location where the order was granted.

Court practice and procedure

13(1)  In any matter not provided for in the Act or this Regulation, the practice and procedure of the court may be regulated by analogy to the Alberta Rules of Court (AR 124/2010) and the procedures of the Court of Queen’s Bench.

(2)  The court may give directions respecting any practice or procedure in the court or when hearing an application under the Act.

(3)  The court may, on its own or on application,

                                 (a)    vary a rule of practice or procedure,

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

                                 (c)    direct that some other procedure be followed.

(4)  The court may extend or shorten a time period specified in this Regulation.

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

Appeals

14   An appeal under section 12(1) or (3) of the Act must be made in accordance with the Alberta Rules of Court (AR 124/2010).

Fees

15   Fees are payable under section 1(g) of the Provincial Court Fees Regulation (AR 18/1991) and in accordance with Schedule B, Division 4 of the Alberta Rules of Court (AR 124/2010) for the following:

                                 (a)    transcripts or copies of transcripts of court proceedings;

                                 (b)    appeal records or copies of appeal records.

Coming into force

16   This Regulation has effect on the coming into force of Part 2 of the Act.


Schedule

Form 1
[Section 2(1) of the Act]

Application for a
Human Trafficking Protection Order

Form 2
[Sections 3 and 20(c) of the Act]

Human Trafficking Protection Order


 

Form 3
[Section 7 of the Act]

Information to Obtain a
Warrant Permitting Entry

Form 4
[Section 7 of the Act]

Warrant Permitting Entry

Form 5
[Sections 5(2), 8(1), 9(1), 10(2) and 11(4) of the Act]


Application to Extend, Set Aside or Vary a
Human Trafficking Protection Order