Protecting Survivors of Human Trafficking Regulation

(Consolidated up to 172/2026) ALBERTA REGULATION 97/2020 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 Court of Justice or a justice of the peace; (c) “order” means a human trafficking protection order as defined in the Act. AR 97/2020 s1;76/2023 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 King’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. AR 97/2020 s13;218/2022 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 Court of Justice 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. AR 97/2020 s15;76/2023 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 Court File No. __________________ In the Alberta Court of Justice In the matter of an application under section 2 of the Protecting Survivors of Human Trafficking Act (“the Act”) Between: ________________________________________________________Victim (name of victim) ________________________________________________________ (address for service, at which legal documents for the victim may be served) and ___________________________________________________Respondent (name of respondent) __________________________________________________________ (respondent’s last known address) Application for a Human Trafficking Protection Order The applicant, ( name of applicant ), is: (choose one) ☐ a person who is or may be a victim of human trafficking (“the Victim”). ☐ a person with lawful custody of a child who is or may be a victim of human trafficking. ☐ a director designated under the Child, Youth and Family Enhancement Act . ☐ a police officer. ☐ a person authorized by a police service to assist with applications for human trafficking protection orders, and I have advised the Victim of this application and the Victim has consented to the application being made. ☐ a person authorized by the Minister of Public Safety and Emergency Services to apply for human trafficking protection orders, and I have advised the Victim of this application and the Victim has consented to the application being made. Application The applicant is applying for: (choose all that apply) ☒ a human trafficking protection order. ☐ an order directing that any information that could identify the Victim or witnesses, as the case may be, must not be published in any document or broadcast or transmitted in any way. ☐ an order prohibiting the publication of a report of a hearing or any part of a hearing. In support of this application will be read the following Affidavit: Affidavit – Reasons for Application I, _________________________________ of ________________,Alberta (applicant’s name) (name of city/town) make oath and say / solemnly affirm that: 1. The Respondent has engaged or may engage in the human trafficking of the Victim, particularly the recruitment, transportation, transfer, holding, concealing, harbouring or receipt of the Victim by means of: (choose all that apply) ☐ threatening or using force or other forms of coercion, abduction, fraud or deception; ☐ repeatedly providing a controlled substance, as defined in the Protecting Survivors of Human Trafficking Act ; (You may wish to refer to section 1(1)(b) of the Protecting Survivors of Human Trafficking Act for the definition of “controlled substance”.) ☐ abusing power or a position of vulnerability; ☐ giving or receiving payments or benefits to achieve the consent of a person having control over another person. 2. I believe the conduct of the Respondent described above in paragraph 1 is for the purpose of taking advantage of or exploiting the Victim, and in particular: (choose all that apply) ☐ sexual exploitation; ☐ forced labour or services, including slavery or practices similar to slavery; ☐ the removal of a human organ or tissue; ☐ other (describe ) : ______________________________________ 3. I believe a human trafficking protection order is needed to protect the Victim because: (You may wish to refer to section 3(2) of the Protecting Survivors of Human Trafficking Act regarding the factors the court may consider in determining whether to grant a human trafficking protection order) (Complete paragraph 4 only if applicable) 4. I believe it is necessary or advisable for the protection of the Victim to prohibit the Respondent from possessing any weapon as defined in section 2 of the Criminal Code (Canada) because: 5. I have the following other information in support of this application: 6. This affidavit is in support of my application for a human trafficking protection order that: (a) ☐ The Respondent shall not follow the Victim, the Victim’s family members, and the following persons from place to place: _________________ (b) ☐ The Respondent shall not communicate with or contact, directly or indirectly, the Victim and the following persons: _______________________ (c) ☐ The Respondent shall not attend at or be within _____ metres of the following: (i) the Victim’s residence: (address) (ii) the Victim’s place of employment: (address) (iii) other addresses: (addresses) (Provide the address(es) of any other place that the Victim, the Victim’s family members, or other persons identified above, attend regularly or are reasonably known by the Respondent to be, which may include a school, shelter, youth facility, place of residence, place of worship, place of employment or any other place.) (d) ☐ The Respondent shall return to the Victim the following personal property of the Victim: (Describe the personal property to be returned to the Victim, such as a pet in the care of the Victim, or personal effects, property or documents belonging to the Victim, such as a passport, driver’s licence, health card or other form of identification, bank cards, motor vehicles or keys, etc.) ________________________________________________ The listed personal property of the Victim shall be returned by the Respondent in the following manner: ________________________________________________ (e) ☐ The Respondent shall return to the Victim the original and any copies of any visual recording of the Victim. (f) ☐ The Respondent shall not possess, create, transmit, make available, sell, advertise or distribute any photographs, film, video, electronic image or other visual representation of the Victim. (g) ☐ The Respondent shall not possess any weapon, as defined in section 2 of the Criminal Code (Canada), for ☐ the duration of this order ☐ for the period of _________ to __________. Any such weapons and any related authorizations, licences or certifications that are held by the Respondent shall be surrendered, disposed of, detained, stored or otherwise dealt with in the following manner: ________________________________________________ (h) ☐ The following additional provisions are necessary or advisable for the protection of the Victim: ________________________________________________ (i) ☐ No person shall publish in any document or broadcast or transmit in any way any information that could identify the Victim or witnesses, as the case may be, in this matter. (j) ☐ No person shall publish a report of a hearing or any part of a hearing in this matter. Sworn/Affirmed before me at _____________ ) (name of city/town) ) in the Province of Alberta on _____________ ) _____________________ (date) ) Applicant’s Signature ______________________________________ ) Justice of the Peace or Commissioner for Oaths ) in and for Alberta ) Form 2 [Sections 3 and 20(c) of the Act] Human Trafficking Protection Order File No. __________________ In the Alberta Court of Justice In the matter of an application under section 2 of the Protecting Survivors of Human Trafficking Act (“the Act”) Between: ________________________________________________________Victim (name of victim) and ___________________________________________________Respondent (name of respondent) Human Trafficking Protection Order Order granted by: _____________________________________________ (name of Justice of the Court of Justice or Justice of the Peace) Date order granted: ___________________________________________ Location where order granted: ____________________________,Alberta NOTICE TO RESPONDENT: ___________________________________ (name of respondent) You are subject to this Human Trafficking Protection Order made pursuant to the Protecting Survivors of Human Trafficking Act . YOU MUST OBEY THE PROVISIONS OF THIS ORDER. Go to the end of this document to see what else you can do and when you must do it. ON HEARING the evidence presented, the Court finds that the Respondent has engaged or may engage in the human trafficking of the Victim, and that this Order should be granted to ensure the immediate protection of the Victim, pursuant to section 3 of the Protecting Survivors of Human Trafficking Act . IT IS ORDERED THAT: ☐ 1. The Respondent shall not follow the Victim, the Victim’s family members, and the following persons from place to place: ______ ☐ 2. The Respondent shall not communicate with or contact, directly or indirectly, the Victim and the following persons: ______________ ☐ 3. The Respondent shall not attend at or be within ____ metres of: (a) the Victim’s residence: (address) (b) the Victim’s place of employment: (address) (c) other addresses: (addresses) ☐ 4. The Respondent shall return the following personal property of the Victim: ____________________________________________________ The listed personal property of the Victim shall be returned by the Respondent in the following manner: ______________________. ☐ 5. The Respondent shall return to the Victim the original and any copies of any visual recording of the Victim in the following manner: _____________________________________________. ☐ 6. The Respondent shall not possess, create, transmit, make available, sell, advertise or distribute any photographs, film, video, electronic image or other visual representation of the Victim. ☐ 7. Notwithstanding clauses 2 and 3 above, the Respondent shall be permitted to attend, where the Victim is present, any court proceeding in which the Respondent is a party or an accused person. ☐ 8. The Respondent shall not possess any weapon, as defined in section 2 of the Criminal Code (Canada), for ☐ the duration of this order ☐ the period of ________to _________. Any such weapons and any related authorizations, licences or certifications that are held by the Respondent shall be surrendered, disposed of, detained, stored or otherwise dealt with in the following manner: _________________________________ ☐ 9. No person shall publish in any document or broadcast or transmit in any way any information that could identify the Victim or witnesses, as the case may be, in this matter. ☐ 10. No person shall publish a report of a hearing or any part of a hearing in this matter. ☐ 11. (Other provisions needed to protect the Victim) __________________________________________ Justice of the Court of Justice or Justice of the Peace Pursuant to section 5 of the Protecting Survivors of Human Trafficking Act , this order remains in force for 3 years after the date it is granted, unless before the expiry of the order, the court extends the expiry date of the order. Affidavit of Service I, ______________________, _______________________, (name of document server) (occupation) of _________________________________, Alberta (name of city/town) make oath and say / solemnly affirm that: 1. On (date) , I did serve the Respondent, (Respondent's full name) , with a true copy of the Human Trafficking Protection Order, granted (date order was granted by the Court) , and (describe any other documents served) , by: (Personal service) ☐ leaving the said document(s) with (Respondent's full name) , at (complete address where the documents were given to the Respondent) . (Substitutional Service – the remaining options to be completed only if an Order for Substitutional Service has been granted) ☐ leaving the said document(s) with (full name of person with whom documents were left) ___, at (complete address)___ , who is able to bring the Order to the Respondent’s attention. ☐ leaving the said document(s) with (full name of person with whom documents were left) ___, at (complete address) ___, a person with whom the Respondent is residing. ☐ leaving the said document(s) at the Respondent’s residence at (complete address) ___. ☐ posting the said document(s) in a public place, namely (describe the public place) ___, at (complete address) ___. ☐ publishing the said document(s) in (name of newspaper) ___, on (date(s) published) ___. ☐ sending the said document(s) by electronic mail to the Respondent’s email address at (Respondent's email address)___ . ☐ other: (describe method used to serve the Respondent, as authorized by the Court)___. Sworn/Affirmed before me at _____________ ) (name of city/town) ) in the Province of Alberta on _____________ ) _____________________ (date) ) Signature of document server ______________________________________ ) Justice of the Peace or Commissioner for Oaths ) in and for Alberta ) Completed Affidavit of Service must be filed with the Clerk of the Court Form 3 [Section 7 of the Act] Information to Obtain a Warrant Permitting Entry File No. __________________ Information to Obtain a Warrant Protecting Survivors of Human Trafficking Act Section 7 THIS IS THE INFORMATION of ________________________, ____________________ (name of informant) (occupation of informant) of _________________________, at ________________, Alberta, (name of police service) (name of city/town) hereinafter called the Informant, taken before me pursuant to section 7 of the Protecting Survivors of Human Trafficking Act (the Act). THE INFORMANT SAYS THAT: 1. _______________________ (the Victim), is or may be a victim of (name of victim) human trafficking as defined by the Protecting Survivors of Human Trafficking Act . 2. The Informant has been refused access to the Victim. 3. The Victim is likely to be found at: _________________________ (address of place or premises where the Victim is likely to be found) in the Province of Alberta (the Premises). AND THAT the Informant has reasonable grounds for believing the above, because: ______________________________________________________ (describe grounds) WHEREFORE the Informant prays that a Warrant may be granted (a) to enter the Premises, and any other structure or building used in connection with the Premises, (b) to search for, assist, or examine the Victim, and (c) with the Victim’s consent, unless the Victim is a child, to remove the Victim from the Premises for safety reasons or for the purpose of assisting or examining the Victim. Sworn/Affirmed before me at _____________ ) (name of city/town) ) in the Province of Alberta on _____________ ) _____________________ (date) ) Signature of informant ______________________________________ ) Justice of the Peace or Justice of the Peace ) in and for Alberta ) Form 4 [Section 7 of the Act] Warrant Permitting Entry File No. __________________ Alberta Court of Justice In the matter of an Information under section 7 of the Protecting Survivors of Human Trafficking Act Warrant Permitting Entry To the Police Officers in the Province of Alberta. WHEREAS it appears on the oath/affirmation of ____________________________________________________ (name of Informant) of ____________________________________________________ (name of police service) that there are reasonable grounds for believing that 1. ________________ (the Victim) is or may be a victim of (name of victim) human trafficking as defined by the Protecting Survivors of Human Trafficking Act . 2. The Informant has been refused access to the Victim. 3. The Victim is likely to be found at ______________________________________________________ (complete address of place or premises where the Victim is likely to be found) in the Province of Alberta (the Premises). THIS IS THEREFORE TO AUTHORIZE AND COMMAND _____________, (name of Informant) or any other Police Officer in the Province of Alberta: 1. To enter the Premises, and any other structure or building used in connection with the Premises, 2. To search for, assist, or examine the Victim, and 3. With the Victim’s consent, unless the Victim is a child, to remove the Victim from the Premises for safety reasons or for the purpose of assisting or examining the Victim. Dated on _____________________ (date) at _________________, Alberta ___________________________ (name of city/town) Justice of the Peace or Justice of the Court of Justice in and for the Province of Alberta 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 Court File No. __________________ In the Alberta Court of Justice In the matter of an application under the Protecting Survivors of Human Trafficking Act (“the Act”) Between: ________________________________________________________Victim (name of victim) ________________________________________________________ (victim’s address for service) and ___________________________________________________Respondent (name of respondent) ____________________________________________________________ (respondent’s last known address) Application to Extend, Set Aside or Vary a Human Trafficking Protection Order The applicant, (name of applicant) ___, is: (choose one) ☐ the Victim named in a human trafficking protection order. ☐ the Respondent, against whom a human trafficking protection order has been granted. ☐ Other (describe) : _______________. My address for service of documents is: _________________________________________________ Notice of Hearing Take notice that an application under the Protecting Survivors of Human Trafficking Act will be made on behalf of the applicant at a court hearing scheduled before the presiding judge at ______________________________________________________ (court address) on the _____ day of _______, ________at _________ ☐ am ☐ pm (day) (month) (year) (time) or as soon thereafter as this application may be heard. If you do not appear at the hearing, or if the presiding judge considers it appropriate in the circumstances for this application to be made without notice to you under section 10(3)(b) of the Protecting Survivors of Human Trafficking Regulation , an order may be granted in your absence. The applicant is applying for an order: (Choose any that apply) ☐ extending the expiry date of the human trafficking protection order for a period of (enter extension period - to a maximum of 3 years) , under section 5(2) of the Act. ☐ setting aside or varying the human trafficking protection order under section 8(1) of the Act, as follows (describe): ____________________________________________ (Note: this application can be made only by the Respondent named in the human trafficking protection order.) ☐ setting aside or varying the human trafficking protection order under section 9(1) of the Act because of a material change in circumstances, as follows: (describe) ☐ prohibiting the publication in any document or the broadcast or transmission in any way of any information that could identify the Victim or witnesses, as the case may be, under section 10(2) of the Act. ☐ prohibiting the publication of a report of a hearing or any part of a hearing, under section 11(4) of the Act. In support of this application will be read the following Affidavit: Affidavit – Reasons for Application I, ________________________ of _____________________, Alberta (applicant’s name) (name of city/town) make oath and say / solemnly affirm that: 7. A Human Trafficking Protection Order was granted on__________________ (date order was granted) by ___________________ (name of Justice/Justice of the Peace who granted the protection order) a ☐ Justice of the Court of Justice ☐ Justice of the Peace between the Victim and the Respondent. 8. My reasons for making this application are as follows: (describe why you are making the application, and the evidence you wish to provide to the court in support of your application.) 9. I have the following other information in support of my application: Sworn/Affirmed before me at _____________ ) (name of city/town) ) in the Province of Alberta on _____________ ) _____________________ (date) ) Applicant’s Signature ______________________________________ ) Justice of the Peace or Commissioner for Oaths ) in and for Alberta ) AR 97/2020 Sched;76/2023;172/2026