Canadian Legal FAQs
Laws made by the federal government apply across Canada, while provincial laws only apply in a particular province. Canadian Legal FAQs are organized by legal topics that apply nationally or to Alberta. The FAQs can also be accessed by topic or through the search feature. This page links to both National and Alberta information.
Actived: 4 days ago
Criminal Code – General
(7 days ago) The criminal law in Canada is the responsibility of the federal government. Canada is a confederation of provinces in a federal system. The Constitution of Canada is the supreme law in Canada. Its founding document was the British North America Act, passed in 1867 (now called the Constitution Act 1867), which gave exclusive authority to
Contracts and Consumer Information
(4 days ago) Lemon law is a colloquial term used in the United States to describe a certain kind of consumer protection law. For example, many states in the US have passed a lemon law relating to the motor vehicle industry, which gives consumers rights of redress if a …
Rights Regarding Access to Legislation
(3 days ago) The government has proposed a new law that is currently still in the form of a bill. I would like to see the documentation, and read the debates, about it. Is this information available in French? It depends. In the House of Commons and the Senate, all journals, order papers, notice and …
(Just Now) In any given situation, if majority of MPs vote “yes” for a bill, that bill will pass and become law (upon passage by the Senate and Royal Assent). Therefore, when there is a majority government, unless there is a free vote, when the ruling party proposes a bill, that bill …
Illegal Secondary Suites
(4 days ago) Secondary suites (sometimes called basements suites, mother-in-law suites or granny suites) are self-contained units within a single family home. A secondary suite has its own kitchen, bathroom and entrance. Secondary suites must comply with the Alberta Fire Code and Alberta Building Code, as well as municipal bylaws. If your suite was built
Vacations & Vacation Pay
(7 days ago) By law, employers must give vacation time and employees must take it. Last Reviewed: August 2019. Can my boss refuse to give me a vacation? No. Your boss must give you either vacation time or vacation pay. However, your boss can refuse to give you a vacation at a certain time. If you and your employer cannot agree on when you can take your
Enforcement of Employment Standards
(6 days ago) The law in the area of judicial review is complex and you should seek the opinion of a lawyer if you are considering this option. Last Reviewed: August 2019 . More Resources. Still looking for more information? Visit our Your Rights at Work page with more information about employment laws in Alberta.
Occupational Health and Safety
(Just Now) This law sets out responsibilities for all work site parties (including employers, supervisors, workers, contractors, owners, prime contractors, suppliers, service providers, self-employed persons, and temporary staffing agencies). It also sets out reporting and investigation requirements, offences, penalties, and available remedies.
Definitions and Types of Unions
(5 days ago) Before the law set out the process for union recognition, an employer was free to disregard the union, even if most employees belonged to it. March 2016 . Types of Unions. What is a “craft union”? A craft union was the term traditionally given to unions that represented members who specialized in a particular occupation. Crafts included
(4 days ago) Enforcement of Employment Standards. General Holidays & Holiday Pay. Hours of Work. Maternity and Parental Leave. Job-Protected Leaves (leaves for bereavement, citizenship ceremonies, compassionate care, critical illness, domestic violence, long-term illness and injury, personal and family responsibility, and reservist) Overtime.
Access to Personal Information and the federal Privacy Act
(1 days ago) relating to criminal or law enforcement matters; about medical records where the information would be damaging to the requesting individual; covered by solicitor-client privilege ; contained in personal information banks which have been exempted by government order; …
(5 days ago) The law says who is a family member. See the list on the Alberta Government’s webpage. Before starting the leave, you must provide a medical certificate to your employer stating: that the child or adult is critically ill and needs care or support from one or more family members;
Termination & Temporary Layoff
(3 days ago) An employer can layoff an employee temporarily for 90 days within a 120-day period. The layoff notice must: state that it is a notice for temporary layoff. state the start date of the temporary layoff, and. include a copy of the sections of the law.
(7 days ago) The law treats the agreement as though it includes the minimum amount set out in employment standards law. Last Reviewed: August 2019. Do I have to be a Canadian citizen to be able to get a job? No. You can hold a job if you are a landed immigrant or have an employment authorization. You will need to obtain a social insurance number (SIN).
Real Estate – General Information
(4 days ago) In Alberta, most offers to purchase are contained in a standard form prepared by the local real estate board. At a minimum, these forms will cover the following information: the parties, that is the names of the vendor (seller) and purchaser (buyer); the legal and municipal title of the property; the purchase price, including the deposit and
Moving and the Divorce Act
(3 days ago) The Divorce Act says anyone with decision-making responsibility, parenting time or contact must give notice of a move that is a change in the place of residence or relocation. What that notice must say depends on what type of move it is, and whether that person is proposing to move with the children. Last reviewed: March 2021.
Moving With or Without Children
(1 days ago) The Divorce Act is a federal law that applies across Canada. As of March 1, 2021, the Divorce Act includes rules for parents and people who have contact with a child to give notice of their move. If you have a court order under the Divorce Act , these rules apply …
Charter of Rights and Freedoms
(Just Now) The Canadian Charter of Rights and Freedoms, known as the Charter, is a far-reaching document contained in the Constitution Act, 1982. It guarantees all Canadians certain rights such as the rights to liberty and equality under the law. It also guarantees fundamental freedoms such as freedom of religion, freedom of expression, and freedom of
Searching Court Records
(8 days ago) The initial search fee is $10. The court will send you the total amount for the search, which you must pay before the court will send you the search results. If there are search results, the court will email you a copy of the procedure record. If there are no search results, …
(7 days ago) Chambers applications only happen after you have already become involved in a civil law case, either as a Plaintiff by filing a Statement of Claim (which is the document that starts the whole process and sets out why you are suing the other party), or as a Defendant. If you are the Plaintiff and there is something that you need the court to do
Constitutional Language Rights
(Just Now) Constitutional Language Rights. Whether we are born in Canada or move here later in life, we learn that this is a bilingual country. We also learn that minority official language speakers (the French language minority outside of Québec, and the English language minority inside Québec) have “rights” and that these rights are sometimes
Laws for Landlords and Tenants in Alberta
(4 days ago) Laws for Landlords and Tenants in Alberta is a website of the Centre for Public Legal Education Alberta (CPLEA).The site provided information on topics of interest to both landlords and tenants, including statutes, bylaws, personal information, and privacy.
Parenting after a Separation or Divorce
(9 days ago) What does the law say about parenting after a separation or divorce? There are two laws about parenting in Alberta: the Divorce Act and the Family Law Act. The Divorce Act is a federal law that applies the same across Canada. It only applies to married or divorced couples. The Divorce Act sets out the law for divorces in Canada. It also sets
History of Unions – Pre WWII
(Just Now) The law was later amended in 1876 to allow for peaceful picketing by stating that being at a workplace just to obtain or communicate information did not fall within the definition of intimidation. The peaceful picketing amendment was left out when the Criminal Code was passed in 1892. It was re-enacted in 1934 and remains in place today.
Contact with a Child
(Just Now) A contact order is a court order setting out who and when a person can have contact with a child. The contact order also sets out how the contact can occur. Contact could be in the form of visits or by any means of communication (email, phone calls, etc.). The judge can say if …
Protection Against Family Violence Act
(1 days ago) The Protection Against Family Violence Act allows access to a judge or justice 24 hours a day to obtain an emergency protection order with an automatic review by a Queen’s Bench judge within seven days. Free legal assistance is available for the review process from Legal Aid.
Divorce Law Basics
(6 days ago) In Canada, the federal government makes the law about divorce. This means that divorce law is the same all across Canada. The Divorce Act sets out the law for divorces in Canada. It also sets out rules for dealing with issues related to divorce (called “corollary relief”), such as:
Wills and Estates in Alberta
(7 days ago) Consumer Law. Consumer Protection. Collection and Debt Repayment; Cost of Credit Disclosure; Credit and Personal Reports; The Consumer Protection Act; Courts and Court Services. Pre-Trial Applications; Searching Court Records; Employment Law. Employment Standards. Difference Between Employees and Independent Contractors; Employment Contract
Arrest and Police (YCJA)
(1 days ago) Lawyers know the law and the legal system and will know the best way to help you. Lawyers can explain your options and the consequences of choosing your options. Last Reviewed: January 2020. What protections do I have under the YCJA? There are a number …
Cannabis in Condos and Rentals
(8 days ago) Maybe. This is still a new area of law without much direction from the government or the courts. It is not clear at this time if a property owner, landlord, condominium corporation, or rental company can stop someone from using medical cannabis or growing cannabis plants for medicinal purposes if they have proper authorization.
Departure, Arrival and Customs
(6 days ago) Call 1-800-461-9999 to reach the automated service 24 hours a day, year-round or to speak to an agent during office hours. If you are already outside Canada, you can call (204) 983-3500 or (506) 636-5064. Information can also be accessed on the Canada Border Services Agency website.
CASL – Canada Anti-Spam Legislation
(4 days ago) CASL stands for Canada’s Anti-Spam legislation. This anagram is the unofficial name for a new law recently passed by the Parliament of Canada. The official name of the law is “ An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying
Difference Between Employees and Independent Contractors
(1 days ago) The common law tests may be needed at various stages of the employment or business relationship. For example, the following parties may consider worker/payer relationships: a government program or agency such as the Canada Pension Plan, Employment Insurance or the Canada Revenue Agency, especially if there is a dispute between the parties, or
Commissioners for Oaths and Notaries Public (Alberta)
(7 days ago) All law offices will have Commissioners or Notaries (because all practicing lawyers are Commissioners or Notaries and usually some of their staff are too). Courthouse clerks are usually also Commissioners and can help commission court documents. The following are also Commissioners because of their office: judges; lawyers and students-at-law