This regulation lets registry agents act as court agents unless the Minister directs otherwise, and sets rules for notifying the Court, remitting voluntary payments, charging service fees, handling trust funds, indemnifying the Government, and following Ministerial directions.
(Consolidated up to 76/2023) ALBERTA REGULATION 68/2001 Provincial Offences Procedure Act COURT AGENTS REGULATION Table of Contents 1 Definitions 2 May act as Court agent 3 Court agent ’ s receipt of voluntary payment 4 Service charge 5 Funds held in trust 6 Recovery from Court agents, etc. 7 Directions of the Minister Definitions 1 In this Regulation, (a) “Act” means the Provincial Offences Procedure Act ; (b) “Court” means the Alberta Court of Justice; (c) “Court agent” means a person who is permitted under section 2 to act as an agent of the Court; (d) “Minister” means the Minister of Justice; (e) “registry agent” means a registry agent as defined under section 1 of Schedule 12 of the Government Organization Act ; (f) “voluntary payment” means a voluntary payment referred to in section 36(1) of the Act. AR 68/2001 s1;196/2006;170/2012;216/2022;76/2023 May act as Court agent 2 Every registry agent, unless otherwise directed by the Minister, is hereby permitted to act as an agent of the Court for the purposes of section 36(1) of the Act. Court agent ’ s receipt of voluntary payment 3 (1) Where a defendant makes a voluntary payment to a Court agent in accordance with section 36(1) of the Act, the Court agent must notify the Court that the defendant has made that voluntary payment. (2) On receipt of a voluntary payment by a Court agent, the Court agent must promptly remit the voluntary payment to the Minister, in favour of the President of Treasury Board and Minister of Finance. AR 68/2001 s3;27/2002;68/2008;31/2012;62/2013 Service charge 4 (1) Where a Court agent receives a voluntary payment from a defendant, the Court agent may, for the Court agent’s own benefit, charge and collect from that defendant a service charge in respect of the receipt of the voluntary payment. (1.1) The Minister may by order establish or otherwise provide for a maximum or minimum amount, or both, that may be charged by Court agents as service charges. (2) If the Minister establishes or otherwise provides for a maximum or minimum amount of a service charge that a Court agent may collect with respect to the receipt of a voluntary payment, a Court agent may not charge or collect a service charge that is greater than that maximum amount or less than that minimum amount, as the case may be. AR 68/2001 s4;25/2002 Funds held in trust 5 Where a Court agent has possession of or control over funds that are owing to the Government, those funds (a) are deemed to be held in trust for the Government, and (b) are deemed to be separate from and not to form any part of any funds belonging to the Court agent or the Court agent’s estate whether or not those funds have in fact been kept separate and apart from funds belonging to the Court agent or the Court agent’s estate. Recovery from Court agents, etc. 6 If the Government (a) is liable for something done or omitted to be done by a Court agent, (b) assumes the liability for something done or omitted to be done by a Court agent, or (c) assumes an obligation for something done or omitted to be done by a Court agent, and the Government makes a payment in respect of that liability or obligation, the Court agent, subject to any agreement entered into between the Government and the Court agent, must indemnify the Government for that payment and any interest owing in respect of that payment, notwithstanding any law that provides otherwise. Directions of the Minister 7 (1) Notwithstanding anything contained in any agreement between a Court agent and the Government, the Minister may give directions with respect to the carrying out of functions by the Court agent under the Act or this Regulation and the handling of funds received as a result of a voluntary payment. (2) Where the Minister gives directions to a Court agent under subsection (1) with respect to the carrying out of functions and the handling of funds, or as to either of those matters, the Court agent must carry out those functions and handle those funds, as the case may be, in accordance with those directions. (3) In giving directions under subsection (1), the Minister may give the directions (a) to a specific Court agent to be applicable to that specific Court agent; (b) to a class of Court agents to be applicable to that class of Court agents; (c) to Court agents in general to be applicable to every Court agent. 8 Repealed AR 54/2009 s2.