Canada · Alberta appeal procedures
When must I file an Alberta appeal after permission is granted?
For the actual granted-permission branch in Rule 14.8(2)(a)(ii), file Form AP-1 and serve the filed copy within 10 days after permission is granted. Establish any controlling enactment or permission order separately.
- Period
- 10 days after the established operative event
- Trigger
- The actual date permission to appeal is granted
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 14.8(2)(a)(ii) (official PDF p. 341)
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. Read with the consolidated directions amended March 10, 2025, electronic filing direction, July 2, 2025 registry reopening and current electronic scheduling notice. The actual September 30, 2026 closure is retained separately.
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When must I file an Alberta appeal after permission is granted?
For the actual granted-permission branch in Rule 14.8(2)(a)(ii), file Form AP-1 and serve the filed copy within 10 days after permission is granted. Establish any controlling enactment or permission order separately.
Responsible actor. The appellant who has actually been granted permission to appeal.
The actual date permission to appeal is granted.
A permission application is filed October 1 but granted October 8. Filing the application is not the ten-day notice trigger.
Alberta Court of Appeal civil procedure. File Form AP-1 and serve its filed copy on every required party within the applicable granted-permission period. A permission application is filed October 1 but granted October 8. Filing the application is not the ten-day notice trigger. 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 14.8(2)(a)(ii) (official PDF p. 341)How does this provision count time?
- File Form AP-1 and serve its filed copy on every required party within the applicable granted-permission period.
- 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 14.8(2)(a)(ii) (official PDF p. 341)What do independently checked examples show?
Fictitious example
The actual date permission to appeal is granted is established on Monday, October 5, 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 actual date permission to appeal is granted is established on Monday, October 5, 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 10 days under Rules 13.3–13.4. The raw threshold is Thursday, October 15, 2026. The final date is an established ordinary nonholiday weekday; no final-day adjustment is required. | Thursday, October 15, 2026 |
| Example 2. Closed-day boundary | The actual date permission to appeal is granted 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 10 days under Rules 13.3–13.4. The raw threshold is Sunday, January 18, 2026. The raw day is a defined holiday; the next nonholiday is Monday, January 19, 2026. The required filing place is established open and effective service is possible on that day. | Monday, January 19, 2026 |
| Example 3. Material procedural branch | The permission application was filed earlier. Permission is actually granted on Monday, October 19, 2026, with no differing enactment or order 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 10 days under Rules 13.3–13.4. The raw threshold is Thursday, October 29, 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. | Thursday, October 29, 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 Form AP-1 and serve its filed copy on every required party within the applicable granted-permission period. A permission application is filed October 1 but granted October 8. Filing the application is not the ten-day notice trigger.
- Material qualification
- A permission application is filed October 1 but granted October 8. Filing the application is not the ten-day notice trigger.
- Actual variation
- Rule 14.2(3) displaces party-agreed extensions for Part 14. Rule 13.5 judicial powers and the actual authorized CMO direction must be read with the specific procedure. A requested extension, proposed timetable or private agreement does not establish operative relief.
- 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 Appeal civil procedure. File Form AP-1 and serve its filed copy on every required party within the applicable granted-permission period. A permission application is filed October 1 but granted October 8. Filing the application is not the ten-day notice trigger. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
- A permission application is filed October 1 but granted October 8. Filing the application is not the ten-day notice trigger.
What must the responsible actor complete?
Questions about this procedure
When must I file an Alberta appeal after permission is granted?
What event starts the notice after permission period?
The actual date permission to appeal is granted. Preserve evidence of that event; A permission application is filed October 1 but granted October 8. Filing the application is not the ten-day notice trigger.
Alberta Rules of Court, Alta Reg 124/2010, r 14.8(2)(a)(ii) (official PDF p. 341)What must I complete for this notice after permission procedure?
File Form AP-1 and serve its filed copy on every required party within the applicable granted-permission period.
Alberta Rules of Court, Alta Reg 124/2010, r 14.8(2)(a)(ii) (official PDF p. 341)Does applying for permission start the ten days?
No. This branch begins after permission is actually granted.
Alberta Rules of Court, Alta Reg 124/2010, r 14.8(2)(a)(ii) (official PDF p. 341)How long do I have to seek permission?
Rule 14.8(3) and Rule 14.44 govern the application. The ten days after a grant do not extend the original period for seeking permission.
Alberta Rules of Court, Rule 14.8 (official PDF p. 340)Does a permission application need a returnable date?
Rule 14.44(1) distinguishes enactment or rule periods requiring filing, service and a returnable date from its residual filing-and-service branch.
Alberta Rules of Court, Rule 14.44 (official PDF p. 357)Must I serve the notice after permission?
Yes. Rule 14.8(2)(b) requires service of its filed copy within the applicable period, with recipients also addressed in subrule (4).
Alberta Rules of Court, Rule 14.8 (official PDF p. 340)Official sources and review
Provisions used (13)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 14.8(2)(a)(ii) (official PDF p. 341) | 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 |
| Court of Appeal Electronic Filing Practice Direction, paragraphs 5(f) and 8 | Check the identified procedure, event, counting rule or qualification |
| Court of Appeal Consolidated Practice Directions, General A.3–A.4 | 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 |
| Alberta Rules of Court, Rule 14.1 (official PDF p. 336) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rule 14.2 (official PDF p. 337) | Check the identified procedure, event, counting rule or qualification |
| Court of Appeal registry reopening notice, effective July 2, 2025 | Check the identified procedure, event, counting rule or qualification |
| Court of Appeal electronic scheduling notice of March 10, 2025 | 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 14.8 (official PDF p. 340) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, Rule 14.44 (official PDF p. 357) | Check the identified procedure, event, counting rule or qualification |