Canada · Alberta appeal procedures
When must I file an ordinary Alberta notice of appeal?
For the established residual Rule 14.8(2)(a)(iii) branch, file Form AP-1 and serve its filed copy within one month after the date of decision. That date is the later of the decision and any subsequently issued reasons.
- Period
- 1 month after the established operative event
- Trigger
- The later of the actual decision date and the date any subsequent reasons are issued
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 14.8(2)(a)(iii) (official PDF pp. 340–341)
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 ordinary Alberta notice of appeal?
For the established residual Rule 14.8(2)(a)(iii) branch, file Form AP-1 and serve its filed copy within one month after the date of decision. That date is the later of the decision and any subsequently issued reasons.
Responsible actor. The appellant with an established appeal as of right and no different enactment period.
The later of the actual decision date and the date any subsequent reasons are issued.
An oral decision on October 1 followed by reasons issued October 8 uses October 8. A statutory appeal period or actual permission branch displaces the residual month.
Alberta Court of Appeal civil procedure. File Form AP-1 with the proper Calgary or Edmonton Registrar and serve its filed copy on every required party within the applicable period. An oral decision on October 1 followed by reasons issued October 8 uses October 8. A statutory appeal period or actual permission branch displaces the residual month. 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)(iii) (official PDF pp. 340–341)How does this provision count time?
- File Form AP-1 with the proper Calgary or Edmonton Registrar and serve its filed copy on every required party within the applicable 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)(iii) (official PDF pp. 340–341)What do independently checked examples show?
Fictitious example
The later of the actual decision date and the date any subsequent reasons are issued 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 later of the actual decision date and the date any subsequent reasons are issued 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 later of the actual decision date and the date any subsequent reasons are issued 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 decision was made three days earlier and its subsequent reasons are issued on Friday, October 16, 2026. The later reasons date is the established Rule 14.8(1) event. 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 |
| Example 4. Closed-day boundary | The applicable combined filing-and-service model reaches the actual Court of Appeal closure on September 30, 2026. The September 25 notice carries filing to October 1 but does not establish an interpartes service extension. The exact BUG-123 guard refuses a combined date. | No combined computed or purchasable date until actual filing and service timing is established. |
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 with the proper Calgary or Edmonton Registrar and serve its filed copy on every required party within the applicable period. An oral decision on October 1 followed by reasons issued October 8 uses October 8. A statutory appeal period or actual permission branch displaces the residual month.
- Material qualification
- An oral decision on October 1 followed by reasons issued October 8 uses October 8. A statutory appeal period or actual permission branch displaces the residual month.
- 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 with the proper Calgary or Edmonton Registrar and serve its filed copy on every required party within the applicable period. An oral decision on October 1 followed by reasons issued October 8 uses October 8. A statutory appeal period or actual permission branch displaces the residual month. This ordinary branch requires the established actor, effective event and no operative varying direction. Unsupported holiday, closure and method facts require separate review.
- An oral decision on October 1 followed by reasons issued October 8 uses October 8. A statutory appeal period or actual permission branch displaces the residual month.
What must the responsible actor complete?
Questions about this procedure
When must I file an ordinary Alberta notice of appeal?
What event starts the ordinary notice of appeal period?
The later of the actual decision date and the date any subsequent reasons are issued. Preserve evidence of that event; An oral decision on October 1 followed by reasons issued October 8 uses October 8. A statutory appeal period or actual permission branch displaces the residual month.
Alberta Rules of Court, Alta Reg 124/2010, r 14.8(2)(a)(iii) (official PDF pp. 340–341)What must I complete for this ordinary notice of appeal procedure?
File Form AP-1 with the proper Calgary or Edmonton Registrar and serve its filed copy on every required party within the applicable period.
Alberta Rules of Court, Alta Reg 124/2010, r 14.8(2)(a)(iii) (official PDF pp. 340–341)Do later reasons affect the month?
Yes. Rule 14.8(1) defines the date of decision as the later decision date or subsequent reasons-issued date.
Alberta Rules of Court, Rule 14.8 (official PDF p. 340)Does every Alberta appeal receive one month?
No. An enactment period controls under Rule 14.8(2)(a)(i). Actual permission to appeal creates the separate ten-day branch under subclause (ii).
Alberta Rules of Court, Rule 14.8 (official PDF p. 340)Is filing Form AP-1 enough?
No. Rule 14.8(2)(b) also requires service of the filed copy within the applicable period. Rule 14.8(4) identifies further required recipients.
Alberta Rules of Court, Rule 14.8 (official PDF p. 340)Can parties agree to extend this appeal period?
Rule 14.2(3) displaces party-agreed extensions for Part 14. Obtain actual relief from the authorized court or officer; a private agreement is insufficient.
Alberta Rules of Court, Rule 14.2 (official PDF p. 337)Official sources and review
Provisions used (13)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 14.8(2)(a)(iii) (official PDF pp. 340–341) | 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 |
| Court of Appeal notice of September 25, 2026, September 30 closure | 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 |