This regulation sets a definition for “Act,” gives judges and justices of the peace limited procedural discretion, and says the regulation starts when the Drug-endangered Children Act starts.
(Consolidated up to 76/2023) ALBERTA REGULATION 256/2006 Drug‑endangered Children Act DRUG‑ENDANGERED CHILDREN REGULATION Table of Contents 1 Definition 2 Practice and procedure 3 Non‑compliance with this Regulation 4 Forms 6 Coming into force Schedule Definition 1 In this Regulation, “Act” means the Drug‑endangered Children Act . Practice and procedure 2 In any matter not provided for in the Act or this Regulation, a judge of the Court or a justice of the peace may (a) follow the Alberta Rules of Court (AR 124/2010) and the procedures of the Court of King’s Bench, and (b) give directions respecting any practice or procedure in the Court or when hearing an application under the Act. AR 256/2006 s2;164/2010;218/2022 Non‑compliance with this Regulation 3 (1) Unless a judge of the Court or a justice of the peace so directs, non‑compliance with this Regulation does not render any action or proceeding void. (2) Despite subsection (1), a judge of the Court or a justice of the peace may direct that the action or proceeding be set aside or amended or otherwise dealt with. (3) No proceeding shall be defeated on the ground of an alleged defect in form. Forms 4 The forms to be used in an application under the Act are the forms in the Schedule. 5 Repealed AR 87/2016 s2. Coming into force 6 This Regulation comes into force on the coming into force of the Drug‑endangered Children Act . Schedule Form 1 In the Alberta Court of Justice In the Matter of , born (yyyy/mm/dd) , born (yyyy/mm/dd) , born (yyyy/mm/dd) A Child within the Meaning of the Drug‑endangered Children Act Heard Before □ The Honourable Justice (specify day) day, the □ Justice of the Peace (number) day of (month) , (year) at , Alberta. Facsimile of Apprehension Order □ (name of applicant) authorized by a director □ (name of applicant) , a police officer, has applied for an order authorizing the apprehension of the child; AND upon being satisfied that the requirements of section 2 of the Act have been complied with; AND the applicant has reasonable and probable grounds to believe that the child is a drug‑endangered child; IT IS ORDERED THAT the director or a police officer may apprehend the child forthwith; IT IS ORDERED THAT a director or police officer, or (name) , may enter (place or premises) , using force if necessary, in order to search for and apprehend the child. (name of Justice or Justice of the Peace ‑ please PRINT) Form 2 Application for an Apprehension Order Docket # In the Alberta Court of Justice In the Matter of an Application under section 2 of the Drug‑endangered Children Act Regarding the child , born (yyyy/mm/dd) , born (yyyy/mm/dd) , born (yyyy/mm/dd) 1 My name is (name of applicant) . □ I have the authority to act for a director. □ I am a police officer. Application 2 I am applying for an order □ authorizing the director to apprehend the child □ authorizing a police officer to apprehend the child □ authorizing the director or a police officer or * to enter, by force if necessary, the place or premises specified in my affidavit below, and to search for and apprehend the child (* Fill in this space only if someone who is not a director’s delegate will be entering the premises.) Affidavit 3 In support of my application, I make oath and say that □ I have reasonable and probable grounds to believe that the child is a drug‑endangered child because . □ I have reasonable and probable grounds to believe that the child may be found at the following address: (address) (address) □ An application for an apprehension order regarding the child was previously applied for and denied on (yyyy/mm/dd) . (Applicant’s signature) (yyyy/mm/dd) SWORN BEFORE ME at (city or town) in the Province of Alberta on (yyyy/mm/dd) (Commissioner for Oaths) AR 256/2006 Sched;76/2023