Canada · Alberta appeal procedures
When must I appeal an Alberta assessment officer’s decision?
Within one month after the assessment officer’s decision, file and serve Form 46, the required record or transcript-order confirmation, and any further written argument under Rule 10.44(4).
- Period
- 1 month after the established operative event
- Trigger
- The date of the assessment officer’s actual decision
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 10.44(4) (official PDF pp. 236–237)
Official Alberta Rules of Court PDF published June 2026, including AR 79/2026, acquired October 8, 2026. The retained 2026 Gazette cumulative index and September 29 issue were checked for later listed amendments. Interpretation Act PDF is current as of September 1, 2025.
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When must I appeal an Alberta assessment officer’s decision?
Within one month after the assessment officer’s decision, file and serve Form 46, the required record or transcript-order confirmation, and any further written argument under Rule 10.44(4).
Responsible actor. A party appealing an assessment officer’s decision under Division 2 or Rule 9.35.
The date of the assessment officer’s actual decision.
An assessment decision under Rule 9.35 can fall within Rule 10.44(1). Its procedure is not the review officer’s Form 43 procedure.
Alberta Court of King’s Bench appeal procedure. File and serve Form 46, the Rule 10.44(3) record or permitted transcript-order confirmation, and further written argument. An assessment decision under Rule 9.35 can fall within Rule 10.44(1). Its procedure is not the review officer’s Form 43 procedure. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
Alberta Rules of Court, Alta Reg 124/2010, r 10.44(4) (official PDF pp. 236–237)How does this provision count time?
- File and serve Form 46, the Rule 10.44(3) record or permitted transcript-order confirmation, and further written argument.
- Establish the actual filing, service, hearing or listing event from the accepted document and proof.
- Rule 13.3 excludes the event or hearing date and counts consecutive calendar days. Its information note illustrates ten days before May 15 as May 5; it does not require ten intervening days. Rule 13.4 uses the same-numbered date for months, ending on the last day when that number does not exist. Its nonleap anniversary rule uses February 28 for a February 29 event.
- Check each required act’s actual holiday or closure boundary and any operative variation.
Rule 13.3 excludes the event or hearing date and counts consecutive calendar days. Its information note illustrates ten days before May 15 as May 5; it does not require ten intervening days. Rule 13.4 uses the same-numbered date for months, ending on the last day when that number does not exist. Its nonleap anniversary rule uses February 28 for a February 29 event.
Interpretation Act section 22(1) addresses expiry on a defined holiday; section 22(2) separately addresses closure of the actual required office or place. Section 28(1)(x) includes Sundays and specified holidays, but does not make every Saturday a holiday. A registry closure is not an automatic service extension. A backward minimum interval must remain satisfied. Actual proclaimed holidays, unsupported closures or an unestablished service method require separate review.
Alberta Rules of Court, Alta Reg 124/2010, r 10.44(4) (official PDF pp. 236–237)What do independently checked examples show?
Fictitious example
The date of the assessment officer’s actual decision is established on Friday, October 2, 2026. The event is effective under the actual governing method, rather than proposed dispatch or informal knowledge. Established ordinary actor and branch, effective filing and service as required, no varying direction, no additional proclamation or closure, and no independent earlier statutory bar.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The date of the assessment officer’s actual decision is established on Friday, October 2, 2026. The event is effective under the actual governing method, rather than proposed dispatch or informal knowledge. Established ordinary actor and branch, effective filing and service as required, no varying direction, no additional proclamation or closure, and no independent earlier statutory bar. Independently add 1 months under Rules 13.3–13.4. The raw threshold is Monday, November 2, 2026. The final date is an established ordinary nonholiday weekday; no final-day adjustment is required. | Monday, November 2, 2026 |
| Example 2. Closed-day boundary | The date of the assessment officer’s actual decision is established on Thursday, January 8, 2026. The event is effective under the actual governing method, rather than proposed dispatch or informal knowledge. Established ordinary actor and branch, effective filing and service as required, no varying direction, no additional proclamation or closure, and no independent earlier statutory bar. Independently add 1 months under Rules 13.3–13.4. The raw threshold is Sunday, February 8, 2026. The raw day is a defined holiday; the next nonholiday is Monday, February 9, 2026. The required filing place is established open and effective service is possible on that day. | Monday, February 9, 2026 |
| Example 3. Material procedural branch | The assessment officer gives the actual decision on Friday, October 16, 2026; the certificate arrives later. The decision date, rather than receipt, starts this appeal period. Established ordinary actor and branch, effective filing and service as required, no varying direction, no additional proclamation or closure, and no independent earlier statutory bar. Independently add 1 months under Rules 13.3–13.4. The raw threshold is Monday, November 16, 2026. The final date is an established ordinary nonholiday weekday; no final-day adjustment is required. The stated result is the established ordinary threshold for these actual facts; it does not establish an extension, earlier-duty compliance or procedural eligibility. | Monday, November 16, 2026 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Actual actor and procedural branch
- File and serve Form 46, the Rule 10.44(3) record or permitted transcript-order confirmation, and further written argument. An assessment decision under Rule 9.35 can fall within Rule 10.44(1). Its procedure is not the review officer’s Form 43 procedure.
- Material qualification
- An assessment decision under Rule 9.35 can fall within Rule 10.44(1). Its procedure is not the review officer’s Form 43 procedure.
- Actual variation
- Rule 13.5 permits party agreement unless the Court orders or a rule provides otherwise, and permits actual court variation before or after expiry. Part 14’s bar on party agreement does not apply merely because this is a King’s Bench appeal. Establish the actual agreement or order and its scope.
- Required-act boundary
- Interpretation Act section 22(1) addresses expiry on a defined holiday; section 22(2) separately addresses closure of the actual required office or place. Section 28(1)(x) includes Sundays and specified holidays, but does not make every Saturday a holiday. A registry closure is not an automatic service extension. A backward minimum interval must remain satisfied. Actual proclaimed holidays, unsupported closures or an unestablished service method require separate review.
- Alberta Court of King’s Bench appeal procedure. File and serve Form 46, the Rule 10.44(3) record or permitted transcript-order confirmation, and further written argument. An assessment decision under Rule 9.35 can fall within Rule 10.44(1). Its procedure is not the review officer’s Form 43 procedure. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
- An assessment decision under Rule 9.35 can fall within Rule 10.44(1). Its procedure is not the review officer’s Form 43 procedure.
What must the responsible actor complete?
Questions about this procedure
When must I appeal an Alberta assessment officer’s decision?
What event starts the assessment officer appeal period?
The date of the assessment officer’s actual decision. Preserve evidence of that event; An assessment decision under Rule 9.35 can fall within Rule 10.44(1). Its procedure is not the review officer’s Form 43 procedure.
Alberta Rules of Court, Rule 9.35 (official PDF p. 205)What must I complete for this assessment officer appeal procedure?
File and serve Form 46, the Rule 10.44(3) record or permitted transcript-order confirmation, and further written argument.
Alberta Rules of Court, Rule 10.44 (official PDF p. 236)Which form starts this appeal?
Rule 10.44(4)(a) requires Form 46. Review officer appeals use Form 43 under Rule 10.26.
Alberta Rules of Court, Rule 10.44 (official PDF p. 236)Does this include a Rule 9.35 decision?
Rule 10.44(1) includes parties to assessment officer decisions under Division 2 and Rule 9.35.
Alberta Rules of Court, Rule 10.44 (official PDF p. 236)What if the transcript is not ready?
Rule 10.44(4)(b) permits transcript-order confirmation if the transcript is unavailable at filing. Establish the remaining record components.
Alberta Rules of Court, Rule 10.44 (official PDF p. 236)Is the appeal on the assessment record?
Yes. Rule 10.44(2) makes the appeal an appeal on the record of proceedings before the assessment officer.
Alberta Rules of Court, Rule 10.44 (official PDF p. 236)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 10.44(4) (official PDF pp. 236–237) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rules 13.2–13.5, counting and variation | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act, section 22, holiday and place-of-act expiry | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act, section 28(1)(x), holiday definition | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act, RSA 2000 c I-8, sections 22 and 28(1)(x) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rule 9.35 (official PDF p. 205) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rule 10.44 (official PDF p. 236) | Check the identified procedure, event, counting rule or qualification |