Family Law Act General Regulation

(Consolidated up to 76/2023) ALBERTA REGULATION 148/2005 Family Law Act FAMILY LAW ACT GENERAL REGULATION Table of Contents 1 Definitions 2 Consent to declaration 3 Enforcement officer’s report 4 Disclosure of financial information 5 Courses and programs 6.1 Requirements of agreement 7 Coming into force Definitions 1 (1) In this Regulation, (a) “Act” means the Family Law Act ; (b) “party” means a party as defined in the Court of Justice Family Law Procedure Regulation ; (c) “surrogate” means a surrogate within the meaning of section 5.1(1)(d) of the Act. (2) Words and expressions that are used in section 4 and that are not defined in this section have the meanings assigned to them under the Income Tax Act (Canada). AR 148/2005 s1;142/2011;76/2023 Consent to declaration 2 (1) In this section, (a) “declaration” means a declaration by a court under section 8.2(1) of the Act; (b) “genetic donor” means a person referred to in section 8.2(1)(b) of the Act. (2) The consent of a surrogate to a declaration under section 8.2(6) of the Act must contain the following statements: (a) that the person giving the consent is the surrogate; (b) that the surrogate gave birth to the child and the date on which the birth occurred; (c) that the surrogate understands that she is the parent of the child; (d) that the surrogate understands that an application is being made to the court for a declaration that the genetic donor is a parent of the child; (e) that the surrogate understands that if the court makes a declaration that the genetic donor is a parent of the child, the surrogate will cease to be recognized as the parent of the child; (f) that the surrogate understands that the court cannot make a declaration that the genetic donor is a parent of the child unless the surrogate consents to the application; (g) that the surrogate understands that if she consents to the application, the genetic donor will be declared to be a parent of the child and will be deemed to be a parent at and from the time of birth of the child; (h) that the surrogate understands that if the court makes a declaration, the other parent of the child will be, (i) if section 8.1(2) of the Act applies, the person described in section 8.1(2)(b)(i) and (ii) of the Act, or (ii) if section 8.1(3) of the Act applies, the person described in section 8.1(3)(b)(i) and (ii) of the Act; (i) that the surrogate freely and voluntarily consents to the application, and understands that by her consent she gives up any obligations, powers, responsibilities or entitlements with respect to the child. (3) The consent of the surrogate must be (a) in writing, (b) dated, and (c) signed by her and witnessed by a person other than a person who is to become a parent of the child as a result of the declaration under section 8.2(6) of the Act. AR 148/2005 s2;142/2011 Enforcement officer’s report 3 A report for the purposes of section 45 of the Act must contain the following information: (a) the names of the applicant, the respondent and the child or children and any other persons who were present, if known to the enforcement officer; (b) the name of the enforcement officer making the report and the date on which the events described in the report took place; (c) a description of the events and circumstances relating to the assistance that was provided, including the steps taken to give assistance to the applicant and comply with the directions of the court, and whether the child or children named in the enforcement order were brought to the applicant. Disclosure of financial information 4 (1) A party who is applying for a spousal support or adult interdependent partner support order must include the following with the application: (a) a copy of every personal income tax return filed by the party for each of the 3 most recent taxation years; (b) a copy of every notice of assessment or reassessment issued to the party for each of the 3 most recent taxation years; (c) if the party is an employee, a copy of each of the party’s 3 most recent statements of earnings indicating total earnings paid in the year to date, including overtime, or where such a statement is not provided by the employer, a letter from the employer setting out that information and the rate of annual salary or remuneration; (d) if the party receives income from employment insurance, social assistance, a pension, workers’ compensation, disability payments, dividends or any other source, the most recent statement of income indicating the total amount of income from the applicable source during the current year or, if such a statement is not provided, a letter from the appropriate authority stating the required information; (e) if the party is a student, a statement indicating the total amount of student funding received during the current academic year, including loans, grants, bursaries, scholarships and living allowances; (f) if the party is self-employed, (i) particulars or copies of every cheque issued to the party during the 6 most recent weeks from any business or corporation in which the party has an interest or to which the party has rendered a service, (ii) the financial statements of the party’s businesses or professional practices for the 3 most recent taxation years, and (iii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to the party or to individuals or corporations with whom the party does not deal at arm’s length, for the 3 most recent taxation years; (g) if the party is a partner in a partnership, confirmation of the party’s income and draw from, and capital in, the partnership for its 3 most recent taxation years; (h) if the party has an interest of 1% or more in a privately held corporation (i) the financial statements of the corporation and any subsidiaries of it for its 3 most recent taxation years, and (ii) a statement showing a breakdown of all salaries, wages, management fees and other payments or benefits paid to the party, or to individuals or corporations with whom the corporation, and every related corporation, does not deal at arm’s length, for the 3 most recent taxation years; (i) if the party is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s 3 most recent financial statements; (j) copies of all bank account statements and cancelled cheques solely or jointly in the party’s name for the 6 most recent months; (k) copies of credit card statements for all credit cards solely or jointly in the party’s name for the 3 most recent months; (l) copies of the most recent statements for all RRSPs, pensions, term deposit certificates, guaranteed investment certificates, stock accounts and other investments in the party’s name or in which the party has an interest; (m) the party’s monthly budget of expenses; (n) a sworn itemized list of the party’s income, assets and liabilities. (2) A party who is served with an application for a spousal support or adult interdependent partner support order must, within 30 days after the application is served if the party resides in Canada or the United States or within 60 days if the party resides elsewhere, or within another time period specified by the court, provide to the court and the other party the documents referred to in subsection (1). (3) The financial information in respect of an order for spousal support or adult interdependent partner support that may be ordered by a court under section 65(5) of the Act to be provided by an employer, partner or principal of the party or by any other person includes any document listed in subsection (1)(a) to (n) that is within the knowledge of or shown on a record in the custody or under the control of the employer, partner, principal or other person. (4) The financial information in respect of an order for child support that may be ordered by a court under section 65(5) of the Act to be provided by an employer, partner or principal of the parent or by any other person includes any document listed in section 21(1) of the Alberta Child Support Guidelines that is within the knowledge of or shown on a record in the custody or under the control of the employer, partner, principal or other person. Courses and programs 5 For the purposes of section 98 of the Act, the court may require the parties to attend any course or program that in the opinion of the court is appropriate in the circumstances, including (a) any courses or programs offered through the Minister of Justice from time to time, and (b) any courses or programs offered through the community or government agencies from time to time pertaining to separation or guardianship and parenting of children. AR 148/2005 s5;142/2011;170/2012;216/2022 6 Repealed AR 142/2011 s5. Requirements of agreement 6.1 An agreement referred to in section 20(3)(c) of the Act must be (a) in writing, (b) dated, and (c) signed by the parents of the child, and their signatures must be witnessed by a third party. AR 142/2011 s6 Coming into force 7 This Regulation comes into force on the date the Family Law Act is proclaimed in force.