A New Trustee Act for Alberta, Final Report 109

Trusts are used by many Albertans as a way to manage property and assets, both before and after death. Having modern and clear rules for setting up and handling trusts is important to allow Albertans to manage and distribute their property. The current Trustee Act is outdated and has not kept pace with the modern world. ALRI has just released Final Report No. 109 – A New Trustee Act for Alberta. The Report sets out ALRI’s […]

January 1, 2017

2015-2016 Annual Report

July 27, 2016

Reviewable Transactions, Final Report 108

The law of fraudulent preference and conveyances is outdated and still relies on the English Fraudulent Conveyances Act, 1571. The law in this area also lacks a clear policy foundation and needs to be clarified and modernised. In 2012, the Uniform Law Conference of Canada recommended new legislation to update this area of the law. The Alberta Law Reform Institute has reviewed the work of the Uniform Law Conference of Canada and recommends that Alberta adopt […]

March 1, 2016

A New Trustee Act for Alberta, Report 28

In 2012, the Uniform Law Conference of Canada published the Uniform Trustee Act and recommended it be adopted by the common law provinces. ALRI representatives participated in the creation of the Uniform Trustee Act. ALRI’s Report For Discussion #28, A New Trustee Act for Alberta, consists of recommendations for implementing the Uniform Trustee Act in Alberta. Using the Uniform Trustee Act as a starting point, ALRI has enhanced, tailored and clarified the Uniform Trustee Act to […]

November 1, 2015

Matrimonial Property Act: Valuation Date, Final Report 107

Currently, Alberta’s Matrimonial Property Act [MPA] requires matrimonial property to be valued at the date of trial. This is in direct opposition to many other matrimonial property statutes across Canada, which have opted to use the date of separation as the default valuation date. An Alberta case law review indicates that valuation date is one of the most problematic areas under the MPA, with valuation at trial reducing the chances of settlement and leading to […]

September 1, 2015

Competence and Communication in the Alberta Evidence Act, Report 27

On occasion, a court must determine whether a proposed witness is competent to give evidence. The question arises with child witnesses and may also arise for adults with cognitive impairment. Alberta legislation about competence has not kept pace with modern knowledge about children’s abilities, and fails to address adults with cognitive impairment. It also has a gap affecting witnesses who use alternative means of communication. This Report for Discussion contains preliminary recommendations for updating Alberta […]

August 1, 2015

2014-2015 Annual Report

July 1, 2015

Non-Profit Corporations Discussion Paper

April 8, 2015

Assisted Reproduction After Death: Parentage and Implications, Final Report 106

The idea of recognising parentage and inheritance rights for children born after the death of one of their genetic parents has been part of the common law for centuries. However, these provisions have only applied to children en ventre sa mère. In other words, parentage and inheritance rights are bestowed upon those children who are in utero at the time of a parent’s death, provided they are subsequently born alive. Advancements in reproductive technology mean […]

March 1, 2015

Non-Profit Corporations, Report 26

Non-profit organisations are an integral part of our society, an increasing component of our economy, delivering a wide array of services including education, training, housing, food banks, health care and recreation. The current legislation is old and has not kept pace with the non-profit sector and the legislation should be updated to allow non-profits to accomplish their objectives; to clearly articulate the roles and responsibilities of directors and members, and to balance the requirements and […]

February 3, 2015