On December 15, 2022, the Justice Statutes Amendment Act (“the Act”) received royal assent, updating the Legislative Assembly Amendment Act, the Interjurisdictional Support Orders Act, the Provincial Court (Civil Claims Limit) Amendment Act, the Referendum Act, the Sale of Goods Act, and the Trustee Act. The most relevant amendments to legal practitioners will be discussed further below.
The Act seeks to strengthen Alberta’s justice system through simplifying legal and court processes for Albertans and improving security at Alberta’s legislatures.
The Interjurisdictional Support Orders Act has been updated to allow the electronic transfer for certified family support documents between reciprocating Canadian jurisdictions. This makes it easier to collect child and spousal support payments for families living in different parts of the country.
The Provincial Court (Civil Claims Limit) Amendment Act has been amended to increase the provincial court civil claim maximum from $50,000 to $200,000. The option to pursue a claim in the Court of King’s Bench has been maintained.
The Trustee Act has been updated to ensure that a trust does not fail if there is temporarily no trustee. It also removes the transfer of trust property to the court through allowing the trust property to move directly to the new trustee once appointment.[1]
For a more detailed overview of these amendments, read the Justice Statutes Amendment Act here.
Presentations from LESA’s webinar, “The New Trustee Act” are now available as on-demand programs. Click the individual presentation links below for details, or click here to view all four presentations.
- The New Trustee Act: What’s New and What’s Not (On-Demand)
- The New Trustee Act: Settlor’s Intentions and Temporary Trustees (On-Demand)
- The New Trustee Act: Best Practices for Lawyers and Trustees (On-Demand)
- The New Trustee Act: Variation and Termination (On-Demand)
[1] “Strengthening Alberta’s justice system,” online: Government of Alberta [https://www.alberta.ca/strengthening-albertas-justice-system.aspx].
