Canada · Alberta appeal procedures
How long may I take to file an Alberta review officer appeal argument?
If the respondent wishes to make written argument, Rule 10.26(5) requires filing and service within 10 days after service of the Form 43 notice of appeal.
- Period
- Conditional ten-day period for argument the respondent wishes to make. This source guide preserves the choice and does not create a mandatory filing or paid date.
- Trigger
- Effective service of the Form 43 notice of appeal
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 10.26(5) (official PDF p. 227)
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.
Source guide · No automated date
Check the applicable procedure
Conditional ten-day period for argument the respondent wishes to make. This source guide preserves the choice and does not create a mandatory filing or paid date.
Alberta Rules of Court, Alta Reg 124/2010, r 10.26(5) (official PDF p. 227)What lawyers say
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How long may I take to file an Alberta review officer appeal argument?
If the respondent wishes to make written argument, Rule 10.26(5) requires filing and service within 10 days after service of the Form 43 notice of appeal.
Responsible actor. The respondent choosing to make written argument on a review officer appeal.
Effective service of the Form 43 notice of appeal.
The review officer’s decision starts the appellant’s one-month appeal period, but the respondent’s conditional ten days starts after service of the appeal notice.
Alberta Court of King’s Bench appeal procedure. Establish whether written argument will be made and, if so, file and serve it on the appellant within the applicable period. The review officer’s decision starts the appellant’s one-month appeal period, but the respondent’s conditional ten days starts after service of the appeal notice. Conditional ten-day period for argument the respondent wishes to make. This source guide preserves the choice and does not create a mandatory filing or paid date.
Alberta Rules of Court, Alta Reg 124/2010, r 10.26(5) (official PDF p. 227)How does this provision count time?
- Establish whether written argument will be made and, if so, file and serve it on the appellant 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 10.26(5) (official PDF p. 227)Which facts prevent one automatic date?
Conditional ten-day period for argument the respondent wishes to make. This source guide preserves the choice and does not create a mandatory filing or paid date.
The review officer’s decision starts the appellant’s one-month appeal period, but the respondent’s conditional ten days starts after service of the appeal notice. If the respondent wishes to make written argument, Rule 10.26(5) requires filing and service within 10 days after service of the Form 43 notice of appeal. No automatic computed or purchasable date. Establish the actual applicable procedural branch.
Which conditions and exceptions apply?
- Actual actor and procedural branch
- Establish whether written argument will be made and, if so, file and serve it on the appellant within the applicable period. The review officer’s decision starts the appellant’s one-month appeal period, but the respondent’s conditional ten days starts after service of the appeal notice.
- Material qualification
- The review officer’s decision starts the appellant’s one-month appeal period, but the respondent’s conditional ten days starts after service of the appeal notice.
- 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. Establish whether written argument will be made and, if so, file and serve it on the appellant within the applicable period. The review officer’s decision starts the appellant’s one-month appeal period, but the respondent’s conditional ten days starts after service of the appeal notice. Conditional ten-day period for argument the respondent wishes to make. This source guide preserves the choice and does not create a mandatory filing or paid date.
- The review officer’s decision starts the appellant’s one-month appeal period, but the respondent’s conditional ten days starts after service of the appeal notice.
What must the responsible actor complete?
Questions about this procedure
How long may I take to file an Alberta review officer appeal argument?
What event starts the review officer optional response period?
Effective service of the Form 43 notice of appeal. Preserve evidence of that event; The review officer’s decision starts the appellant’s one-month appeal period, but the respondent’s conditional ten days starts after service of the appeal notice.
Alberta Rules of Court, Alta Reg 124/2010, r 10.26(5) (official PDF p. 227)What must I complete for this review officer optional response procedure?
Establish whether written argument will be made and, if so, file and serve it on the appellant within the applicable period.
Alberta Rules of Court, Alta Reg 124/2010, r 10.26(5) (official PDF p. 227)Must every respondent file new argument?
No. Rule 10.26(5) addresses any written argument the respondent wishes to make.
Alberta Rules of Court, Rule 10.26 (official PDF p. 226)Does the officer’s decision start the response period?
No. The conditional response period begins after service of the notice of appeal.
Alberta Rules of Court, Alta Reg 124/2010, r 10.26(5) (official PDF p. 227)Must written argument be served as well as filed?
Yes. The provision requires filing and service on the appellant.
Alberta Rules of Court, Alta Reg 124/2010, r 10.26(5) (official PDF p. 227)Does the assessment officer appeal use Form 43?
No. Assessment appeals use Form 46 under Rule 10.44. Establish the actual officer and appeal procedure.
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 10.26(5) (official PDF p. 227) | 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 10.26 (official PDF p. 226) | 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 |