Province of Alberta
PROVINCIAL OFFENCES PROCEDURE ACT
COURT AGENTS REGULATION
Alberta Regulation 68/2001
With amendments up to and including Alberta Regulation 62/2013
Office Consolidation
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(Consolidated up to 62/2013)
ALBERTA REGULATION 68/2001
Provincial Offences Procedure Act
COURT AGENTS REGULATION
Table of Contents
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2
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7
Definitions
May act as Court agent
Court agent’s receipt of voluntary payment
Service charge
Funds held in trust
Recovery from Court agents, etc.
Directions of the Minister
Definitions
1 In this Regulation,
(a) “Act” means the Provincial Offences Procedure Act;
(b) “Court” means The Provincial Court of Alberta;
(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 and Solicitor
General;
(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
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.
Section 3
COURT AGENTS REGULATION
AR 68/2001
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,
2
Section 7
COURT AGENTS REGULATION
AR 68/2001
(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.
3
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