AR 69/2006 DESIGNATION OF CONSTITUTIONAL DECISION MAKERS REGULATION (Consolidated up to 89/2013)
ALBERTA REGULATION 69/2006
Administrative Procedures and Jurisdiction Act
DESIGNATION OF CONSTITUTIONAL DECISION MAKERS REGULATION
Table of Contents
1 Definitions 2 Authorization
3 Form of notice
4 Expiry
5 Coming into force
Schedules
Definitions
1 In this Regulation,
(a) “Charter” means the Canadian Charter of Rights and Freedoms;
(b) “labour arbitrator” means
(i) a voluntary arbitration board appointed under Part 2, Division 15 of the Labour Relations Code;
(ii) a compulsory arbitration board appointed under Part 2, Division 16 of the Labour Relations Code;
(iii) a public emergency tribunal established under Part 2, Division 18 of the Labour Relations Code;
(iv) an arbitrator, arbitration board or other body referred to in Part 2, Division 22 of the Labour Relations Code;
(v) a construction industry disputes resolution tribunal under Part 3, Division 6 of the Labour Relations Code;
(vi) a compulsory arbitration board established under Part 6 of the Public Service Employee Relations Act;
(vii) an arbitrator appointed under Part 7 of the Public Service Employee Relations Act,
(viii) an interest arbitration board established under Part 3 of the Police Officers Collective Bargaining Act;
(ix) an arbitrator, a grievance arbitration board or other body referred to in Part 4 under the Police Officers Collective Bargaining Act;
(c) “Law Society entity” means the Benchers or a panel, committee or subcommittee of the Benchers or any other entity established, by or under the Legal Profession Act.
Authorization
2 The decision makers listed in column 1 of the Schedule have jurisdiction to determine the questions of constitutional law set out opposite them in column 2.
Form of notice
3 The notice for the purpose of section 12(1) of the Act is set out in Schedule 2.
Expiry
4 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on January 31, 2016. Coming into force
5 This Regulation comes into force on the coming into force of section 8 of the Administrative Procedures Amendment Act, 2005.
Schedule 1
Column 1 Column 2 Decision Maker Jurisdiction Labour Relations Board all questions of constitutional law Alberta Energy and Utilities Board all questions of constitutional law Law Society entity all questions of constitutional law a human rights panel appointed under the Human Rights, Citizenship and Multiculturalism Act questions of constitutional law arising from the federal or provincial distribution of powers under the Constitution of Canada labour arbitrators all questions of constitutional law Workers’ Compensation Board questions of constitutional law arising from the federal or provincial distribution of powers under the Constitution of Canada Appeals Commission established under the Workers’ Compensation Act questions of constitutional law arising from the federal or provincial distribution of powers under the Constitution of Canada Law Enforcement Review Board questions of constitutional law relating to the Charter Alberta Securities Commission questions of constitutional law that relate to the Charter or arising from the federal or provincial distribution of powers under the Constitution of Canada Alberta Utilities Commission all questions of constitutional law Alberta Energy Regulator all questions of constitutional law
AR 69/2006 Sched.1;254/2007;89/2013
Schedule 2
(Administrative Procedures and Jurisdiction Act (section 12))
Notice of Question of Constitutional Law
To: The Minister of Justice and Solicitor General of Alberta:
To: The Attorney General of Canada:
AND
To: (decision‑maker before which question will be raised)
From:
Address:
Phone:
Lawyer (if any):
Date of hearing:
I intend to raise the following question(s) of constitutional law. Attached are the details of my argument:
Question(s):
I intend to seek the following relief:
Estimated time needed to call evidence and make arguments before the decision‑maker:
Dated:
Signed:
Details of Argument
Details are to include:
● The grounds to be argued and reasonable particulars of the proposed argument, including a concise statement of the constitutional principles to be argued, references to any statutory provision or rule on which reliance will be placed and any cases or authorities to be relied upon.
● The law in question, the right or freedom alleged to be infringed or denied or the aboriginal or treaty right to be determined, as the case may be.
● The material and documents that will be filed with the decision‑maker.
● List of witnesses intended to be called to give evidence before the decision‑maker and the substance of their proposed testimony.
AR 69/2006 Sched. 2;170/2012
