Practical Guide Home / Alberta
 Print

Practical Guide to Elder Abuse and Neglect Law in Canada

Last updated:

Alberta

This section outlines:

  1. A snapshot of the law in Alberta
  2. Key laws and regulations
  3. The Protection for Persons in Care Act
  4. Reporting abuse by a regulated health care professional
  5. Exceptions to confidentiality and privacy rules
  6. Criminal prosecution policies
  7. Protection orders under the Protections Against Family Violence Act
  8. Financial abuse by substitute decision-makers
  9. Employment protections
  10. Income support policies
  11. Key government and community contacts

1. Snapshot

Long-term care

  • The Protection for Persons in Care Act provides the framework for responding to abuse or neglect of an older adult who is receiving care. Anyone who believes there has been abuse of a person in care to must make a report to:
    • the complaints officer designated by the Minister of Health;
    • the police; or
    • a committee, body, or person authorized under another law to investigate such abuse.
  • A person must report the information even if it is based on confidential information.
  • Retaliation against a person, including an employee, because they have disclosed information related to a report of elder abuse or neglect is prohibited.

In the community

  • The court can grant a protection order under the Protection Against Family Violence Act if an older adult is experiencing family violence, which includes harm to the person or their property, threats of harm, and forced confinement.
  • Any person can make a complaint to the Office of the Public Guardian and Trustee if they believe a guardian, trustee, or co-decision-maker is not fulfilling their duties and the older adult is likely to experience physical, mental, or financial harm as a result.
  • An older person who is an employee may be eligible for up to ten days job-protected and unpaid leave under the Employment Standards Code if they have experienced, or been threatened with, domestic violence.
  • A person who is fleeing abuse may be eligible for income support, including sponsored immigrants who have been abandoned by their sponsor or are being abused or neglected by their sponsor.

2. Key Laws and Regulations

Health Care

Family Violence

Personal Planning

Privacy

Employment Protections

3. The Protection for Persons in Care Act

The Protection for Persons in Care Act provides the framework for responding to abuse or neglect of an older adult who is receiving care in publicly funded facilities.

3.1 Guiding principles

The statute’s purposes include instituting mandatory reporting of abuse for people in care and preventing abuse of people in care.

  • Purpose
  • 2 The purpose of this Act is
    • (a) to require the reporting of abuse involving clients,
    • (b) to provide for an independent review of reports of abuse involving clients, and
    • (c) to promote the prevention of abuse involving clients.[15]

3.2 Definitions of abuse and neglect

The law defines abuse. This definition includes physical abuse, psychological abuse, financial abuse, sexual abuse, and neglect.

  • (2) In this Act, “abuse” means an act or an omission with respect to a client receiving care or support services from a service provider that
    • (a) causes serious bodily harm,
    • (b) causes serious emotional harm,
    • (c) results in the administration, withholding or prescribing of medication for an inappropriate purpose, resulting in serious bodily harm,
    • (d) subjects an individual to non‑consensual sexual contact, activity or behaviour,
    • (e) involves misappropriating or improperly or illegally converting a significant amount of money or other valuable possessions, or
    • (f) results in failing to provide adequate nutrition, adequate medical attention or another necessity of life without a valid consent, resulting in serious bodily harm.[16]

Certain acts or omissions are specified in the Protection for Persons in Care Act as not constituting abuse. These include where a service provider is carrying out their duties in accordance with the applicable professional standards, or where the neglect or other act is due to the client refusing care or support services. Section 1(3) provides a full list.

  • (3) Notwithstanding subsection (2), an act or omission does not constitute abuse
    • (a) if a service provider carries out the service provider’s duties in accordance with professional standards or practices or any standards established by or adopted pursuant to another enactment,
    • (b) if the care or support services provided by the service provider are reasonably necessary in the circumstances
    • (c) where the act or omission is the result of, or is attributable to, a client’s refusing care or support services,
    • (d) when the act or omission is based on a decision made on behalf of a client
      • (i) by a co‑decision‑maker or a specific decision maker under the Adult Guardianship and Trusteeship Act,
      • (i.1) by an agent under the Personal Directives Act, or
      • (ii)  by an attorney under the Powers of Attorney Act,
    • or
    • (e) in the circumstances prescribed in the regulations.[17]

3.3 Application of the Act

This Act protects “clients”. A client is defined to mean an adult who receives care or support services (being services that relate to health or well-being) from a service provider.[18] Service providers include the following: [19]

  • a nursing home, as defined in the Nursing Homes Act;
  • an approved hospital, as defined in the Hospitals Act;
  • a lodge accommodation, as defined in the Alberta Housing Act;
  • a facility designated under the Mental Health Act;
  • a hostel or other establishment operated to provide accommodation and maintenance for unemployed or indigent persons;
  • the operator of a supportive living accommodation licensed under the Supportive Living Accommodation Licensing Act; and
  • a person who provides day programs, residential and care services, or residential and support services funded by Alberta Health Services, including addictions and mental health treatment and rehabilitation centres.

The Act does not apply to family or volunteers who provide client care or support services that are not paid by public funds.[20]

3.4 Mandatory reporting abuse and neglect

The Protection for Persons in Care Act requires anyone who believes there has been abuse of a person in care to make a report. A person must report the abuse to the complaints officer designated by the Minister of Health, the police, or a committee, body, or person authorized under another law to investigate such abuse. A person must report the information even if it is based on confidential information. The person in care is not required to report that they are being abused.[21]

  • Report of abuse
  • 7(1) Subject to subsection (6), every individual who has reasonable grounds to believe that there is or has been abuse involving a client shall report that abuse within the time period referred to in section 8(1)
    • (a) to a complaints officer,
    • (b) to a police service, or
    • (c) to a committee, body or person authorized under another enactment to investigate such abuse.
  • (2) Subsection (1) applies notwithstanding that the information on which the belief is founded is confidential and its disclosure is prohibited under any other Act.

A person must report the abuse “as soon as reasonably practicable.” If a person is reporting abuse that has happened to them, they must report this to the complaints officer within two years of the abuse.[22]

If a person fails to report abuse of a person in care, they may be guilty of an offence. If a regulated health professional fails to report abuse of a client, the complaints officer must report this failure to the appropriate regulatory college.[23] The penalty for failing to report abuse is a fine of up to $10,000 for an individual or $100,000 for a service provider.[24]

3.5 Role of service providers

Any service provider or person employed to provide care or support services to a client has a duty to:

  • Take reasonable steps to protect their clients from abuse in the course of providing services; and
  • Maintain a reasonable level of safety for the client.

If a report is made that a client is being abused, a service provider or person employed to provide services must take all reasonable steps to provide for the immediate safety, security and well-being of that client and any other clients who may be at risk of abuse.[25]

The Protection for Persons in Care Act provides for certain protections for those who report an abuse or assist an investigation. A service provider or person employed to provide services cannot take adverse action (such as termination of employment) against a person for reporting abuse or assisting in an investigation. They also cannot change or stop a client’s care or support services because the client has made a complaint or may have been abused.[26]

3.6 Responding to reports of abuse and neglect

When a complaints officer receives a report of abuse under the Act, they must review the report and determine if an investigation is needed. The complaints officer must refer the complaint to:

  • A PPC investigator—if an investigation is needed .[27]
  • The police—if the complaints officer believes that the abuse is an offence under the Criminal Code. [28]
  • The Minister of Justice and Solicitor General—if the complaints officer believes that the abuse is an offence under another provincial law.[29] Other relevant provincial laws could include the Adult Guardianship and Trusteeship Act or the Personal Directives Act.[30]

The complaints officer may also refer the complaint to another committee or body if the matter is within their jurisdiction.[31]

Investigators are given the power to investigate, including the power to enter the premises of a service provider and:

  • Interview the client;
  • Interview anyone with relevant information;
  • Access records which contain personal, health, and financial information;
  • Examine equipment; or
  • Take photographs in the premises.[32]

Investigators may also enter a private dwelling, but only with the consent of the occupant or legal representative, or with a court order.[33]

If a person refuses to comply with the investigation, the investigator may apply to the court for an order requiring a person to do an action required under the Protection for Persons in Care Act.[34]

After the investigation, the PPC Director reviews the report submitted by the investigator and decides what actions are required. The Director can require a service provider to take steps to prevent future abuse of a client, or any other actions that the Director considers appropriate.[35]

The Minister can order an investigation on its own initiative if there have been many reports of abuse by a service provider or type of service provider, or if a report of serious abuse has been made.[36]

4. Regulated Health Professionals and Reporting

4.1  Reporting a regulated health professional

In Alberta, most regulated health professionals are governed by the Health Professions Act. Regulated professions include doctors, nurses, psychologists, social workers, dentists, and hearing aid practitioners.[37] They are organized into regulatory bodies called colleges.

In general, there is no obligation to report unprofessional conduct. Any person can, at their option, make a complaint of unprofessional conduct to the relevant college. A person can make a complaint against a former member of the college if it is within two years of the person being a registrant.[38] Unprofessional conduct includes contravention of the Act, a code of ethics or standards of practice, and conduct that harms the integrity of the regulated profession.[39] It also includes sexual abuse and sexual misconduct.

Mandatory reporting

Some mandatory reporting requirements apply. If an employer has fired or suspended a registrant because of unprofessional conduct, this must be reported to a college’s complaints director. The employer must report the unprofessional conduct even if the employee resigns before they can be fired or suspended.[40] Employment for the purposes of these provisions includes part-time or unpaid work, whether as an employee, consultant, contractor, or volunteer.

If, in the course of acting in their professional capacity, a registered health professional has reasonable grounds to believe that another registered health professional has engaged in sexual abuse or sexual misconduct, they must report that conduct to the complaints director.[41]

An employer who believes that an employee has engaged in sexual abuse or sexual misconduct must notify the complaints director as soon as possible.[42]

4.2 Outcome of a report

The college is responsible for regulating health professionals within their jurisdiction, including making sure registrants are fit for practice and are not committing any infractions. A complaint to the college will not result in any remedies for the older adult.

When a complaint is received, the complaints director may appoint an investigator to investigate the complaint. The complaints director may also:

  • Dismiss the complaint if they are satisfied that the complaint is trivial or that there is insufficient evidence of unprofessional conduct;
  • Resolve the matter informally through agreement of all parties;
  • Refer the matter to an alternative dispute resolution process.[43]

See Section 55(2) of the Act for a full list of the actions that may be taken in relation to a complaint.

After the investigation has concluded, the matter must either be dismissed (if the complaint is trivial or there is insufficient evidence) or sent for a hearing.[44] The hearing tribunal decides whether the registrant has engaged in unprofessional conduct.[45]

After an investigation or hearing, several actions can be taken, including:

  • Issuing a caution or reprimand;
  • Requiring the registrant to undergo further training or education;
  • Requiring the registrant to undergo treatment or counselling;
  • Suspending a registrant’s practice permit;
  • Revoking a registrant’s practice permit;
  • Placing restrictions or conditions on a registrant’s practice; or
  • Issuing a fine.[46]

If the registrant has committed sexual abuse, their practice permit must be suspended, pending a discipline order.[47] If the hearing finds the registrant has committed unprofessional conduct and the matter is sexual abuse, the practice permit must be cancelled. If the matter is sexual misconduct, the practice permit must be suspended.[48]

4.3 Other reporting duties

Regulated health professionals may also have some duties to report abuse or misconduct arising from their professional codes of conduct. If you are a regulated health professional, examine your professional codes of conduct or practice standards to see if you have any responsibilities under these rules, or contact your college for advice.

5. Confidentiality, Privacy, and Privilege

Confidentiality ensures vital information is kept private for professions which require a client to disclose private information, such as counsellors, doctors, and nurses. A lawyer must respect solicitor-client privilege. Requirements of confidentiality and privilege can be found in legislation, in common law, and in professional codes of ethics, codes of conduct, or professional standards.

Generally, professionals, staff, and volunteers must get consent from the older adult before disclosing personal or health information. However, exceptions to confidentiality and privilege have been created by various laws.

5.1 Exceptions to confidentiality under health care law

Under the Protection for Persons in Care Act, all people must report abuse of a client, even if the information is based on confidential information. A person can make a report even if disclosing the information is prohibited by another Act. However, information that is subject to solicitor-client privilege is excluded from the requirement to report abuse.[49]

5.2 Exceptions to confidentiality under privacy law

In Alberta there are three pieces of legislation that govern privacy rights:

  • Freedom of Information and Protection of Privacy Act—applies to public bodies, such as government departments and agencies.[50]
  • Health Information Act— applies to health information.[51]
  • Personal Information Protection Act—applies to the use of personal information by private organizations.[52]

Under Freedom of Information and Protection of Privacy Act, a public body must inform a person why their information is being collected.[53] Personal information can only be used for the purposes for which it was collected, or if the person consents to the use.[54] Personal information can be disclosed without consent for prescribed reasons, including:

  • If there are reasonable grounds to believe that the disclosure will avert or minimize (i) a risk of harm to the health or safety of a minor, or (ii) an imminent danger to the health or safety of any person;[55]
  • To assist with a police investigation;[56] or
  • As required or authorized by another law.[57]

Under Health Information Act, a custodian (including hospitals, nursing homes, and certain health services providers)[58] must inform the person why their information is being collected and the legal authority for the collection.[59] Health information can only be used for purposes designated in the Act.[60] Personal health information can be disclosed for purposes designated under the Act or with the person’s consent.[61] Personal health information can be disclosed without consent for prescribed reasons, and the custodian must inform the person that their information was disclosed.[62] Reasons why health information can be disclosed without consent include:

  • If there are reasonable grounds to believe that the disclosure will avert or minimize (i) a risk of harm to the health or safety of a minor, or (ii) an imminent danger to the health or safety of any person;[63]
  • For the delivery, planning, and management of health care;[64]
  • For making a complaint, investigating, or disciplining a regulated health care professional;[65]
  • Where the information relates to a possible criminal offence and the disclosure will protect the health and safety of Albertans;[66] or
  • As required or authorized by another law.[67]

Under Personal Information Protection Act, a private organization must obtain a person’s consent before they collect, use or disclose personal information, unless it falls under the exceptions listed in the Act.[68] A private organization can disclose personal information without consent for prescribed reasons, including:

  • Where the disclosure of the information is clearly in the interests of the individual and consent of the individual cannot be obtained in a timely way or the individual would not reasonably be expected to withhold consent;[69]
  • Where necessary to respond to an emergency that threatens the life, health, or security of an individual or the public;[70]
  • To assist with a police investigation or for the purposes of an investigation or legal proceeding;[71]
  • To investigate potential bank fraud;[72] or
  • As authorized or required by another law.[73]

5.3 Exceptions to confidentiality under substitute decision-making

Supported and substitute decision-makers have certain information rights under the Adult Guardianship and Trusteeship Act.

Supporters under a supported decision-making authorization are entitled to access, collect and obtain from a public body, custodian, or organization any relevant personal information about the supported adult, except financial information. The supporter may use and disclose such information only for the purposes of exercising their authority under the supported decision-making authorization. The supporter is also required to take reasonable care to ensure that the information is kept secure.[74]

Co-decision-makers enjoy similar information rights and are subject to similar obligations regarding use and disclosure of the assisted adult’s personal information.[75] The same applies to guardians[76] and trustees.[77]

5.4 Solicitor-client privilege and a lawyer’s duty of confidentiality

Confidentiality and legal privilege are two similar, but legally distinct concepts. Both are based on the principle that a lawyer owes a duty of loyalty to the client.

Solicitor-client privilege is a legal principle that applies to all communications between a client and a lawyer where the communication was for the purposes of obtaining legal advice and was intended to be confidential.[78] It operates to protect such information from having to be disclosed in legal proceedings.

However, solicitor-client privilege will not apply:

  • Where privilege has been waived by the client;
  • Where there is a clear, serious, and imminent threat to public safety;[79]
  • Where the innocence of an accused is at stake;[80]
  • Where limited by law.

Other types of privilege include litigation privilege, which protects communications created for the dominant purpose of preparing for litigation.

A lawyer’s duty of confidentiality is an ethical duty. Unlike privilege, this covers any communications made during the professional relationship. There is no requirement that the communications be made for the purposes of obtaining legal advice.

In Alberta, the duty of confidentiality and applicable exceptions are described in the Law Society of Alberta’s Code of Conduct.[81]

  • Confidential Information
  • 3.3-1 A lawyer at all times must hold in strict confidence all information concerning the business and affairs of a client acquired in the course of the professional relationship and must not divulge any such information unless:
    • (a) expressly or impliedly authorized by the client;
    • (b) required by law or a court to do so;
    • (c) required to deliver the information to the Society; or
    • (d) otherwise permitted by this rule.[82]

The Code of Conduct also permits disclosure of limited confidential information where a person is in imminent danger of death or serious injury, and disclosure is necessary to prevent this. Such circumstances could apply in rare circumstances of elder abuse.

  • Future Harm / Public Safety Exception
  • 3.3-3 A lawyer may disclose confidential information, but must not disclose more information than is required, when the lawyer believes on reasonable grounds that an identifiable person or group is in imminent danger of death or serious bodily harm, and disclosure is necessary to prevent the death or harm.[83]

6. Criminal Prosecution Policies

While criminal law is primarily under the federal jurisdiction, Alberta’s Attorney General guidelines for the Crown Prosecution Service provides guidance to prosecutors. There are no policies directly covering elder abuse, but a few of the policies could apply in an elder abuse context.[84]

The Decision to Prosecute guide states that prosecutions should be in the public interest. To determine if prosecution would be in the public interest, the policy lists factors that can be considered. These factors include whether the victim is vulnerable and the ability of witnesses to testify.[85]

The Victims of Crime guide discusses the Victims of Crime Act, the relationship between crown prosecutors and victims, and the procedures for the victim impact statement. Crown prosecutors must follow the Victims of Crime Act and inform witnesses about the proceedings.[86]

The Domestic Violence Guideline provides guidance for prosecutors working on a case involving domestic violence. The policy includes the following provisions:

  • Prosecutors must consider safety measures, but be flexible on what measures would be best in each circumstance;
  • Prosecutors should prevent delays in case progress;
  • Prosecutors should be alert to the unique nature of domestic violence, the dysfunctional dynamics of the relationships that result in such violence, and the special needs of the victims and witnesses;
  • Violations of protection orders or conditions of release or parole should be prosecuted;
  • Personal information irrelevant to the charge should be protected;
  • If the accused is released on bail, prosecutors should ask for conditions to protect the victim and others;
  • The sentence should reflect the principles of general deterrence and denunciation;
  • Prosecutors should refer victims to available victim services; and
  • Prosecutors should consider if the witnesses or victims need testimonial aids.[87]

The Victims of Crime Act sets out the principles for how victims should be treated in the criminal justice system.

  • Principles
  • 2(1) The following principles apply to the treatment of victims:
    • (a) victims should be treated with courtesy, compassion and respect;
    • (b) the privacy of victims should be considered and respected to the greatest extent possible;
    • (c) all reasonable measures should be taken to minimize inconvenience to victims;
    • (d) victims should receive benefits promptly in accordance with this Act and the regulations;
    • (e) the safety and security of victims should be considered at all stages of the criminal justice process, and appropriate measures to protect victims from intimidation and retaliation should be taken when necessary;
    • (f) information should be provided to victims about the criminal justice system and the victim’s role and opportunities to participate in criminal justice processes;
    • (g) information should be provided to victims, in accordance with prevailing law, policies and procedures, about the status of the investigation, the scheduling, progress and final outcome of the proceedings and the status of the offender in the correctional system;
    • (h) information should be provided to victims about victim assistance services, including the Victim Impact Statement Program, requesting restitution, means of obtaining financial reparation and other assistance and programs;
    • (i) the views, concerns and representation of victims are an important consideration in criminal justice processes and should be considered in accordance with prevailing law, policies and procedures;
    • (j) the needs, concerns and diversity of victims should be considered in the development and delivery of programs and services and in related education and training;
    • (k) information should be provided to victims about available options to raise their concerns when they believe that these principles have not been followed.[88]

7. Protection Orders under the Protection Against Family Violence Act

The Protections Against Family Violence Act outlines how a person who is experiencing family violence can obtain an emergency protection order.

7.1 Definition of family member

The Protections Against Family Violence Act defines who is a family member. Family member is defined broadly to include anyone related by blood, marriage, or adoption.

  • (d) “family members” means
    • (i) persons who are or have been married to one another, who are or have been adult interdependent partners of one another or who are residing or have resided together in an intimate relationship,
    • (ii) persons who are the parents of one or more children, regardless of their marital status or whether they have lived together at any time,
    • (iii) persons who are related to each other by blood, marriage or adoption or by virtue of an adult interdependent relationship,
    • (iv) any children in the care and custody of a person referred to in subclauses (i) to (iii), or
    • (v) persons who reside together where one of the persons has care and custody over the other pursuant to an order of the court;[89]

7.2 Definition of family violence

A person can obtain an emergency protection order if they are experiencing family violence. The Actdefines family violence to include physical, psychological, and sexual abuse.

  • (e) “family violence” includes
    • (i) any intentional or reckless act or omission that causes injury or property damage and that intimidates or harms a family member,
    • (ii) any act or threatened act that intimidates a family member by creating a reasonable fear of property damage or injury to a family member,
    • (iii) forced confinement,
    • (iv) sexual abuse, and
    • (v) stalking,[90]

7.3 Protection orders

The court can grant an emergency protection order if there has been family violence, it is likely to continue, and the individual needs immediate protection. When the court is deciding if the order should be granted, one factor that is considered is whether the claimant is a vulnerable older adult. Criminal charges do not have to be laid for the order to be granted.[91] The order can be in effect for up to one year but can be extended for additional periods.[92]

Emergency protection order

  • 2(1) An order under this section may be granted by a judge of the Provincial Court or a justice of the peace, on application without notice to the respondent, if the judge or justice of the peace determines
    • (a) that family violence has occurred,
    • (a.1) that the claimant has reason to believe that the respondent will continue or resume carrying out family violence, and
    • (b) that, by reason of seriousness or urgency, the order should be granted to provide for the immediate protection of the claimant and other family members who reside with the claimant.
  • (2) In determining whether an order should be granted, the judge of the Provincial Court or justice of the peace must consider, but is not limited to considering, the following: …
    • (b) the history of family violence by the respondent toward the claimant and other family members;
    • (b.1) whether there is or has been controlling behaviour by the respondent towards the claimant or other family members;
    • (b.2) whether the family violence is repetitive or escalating;
    • (c) the existence of any immediate danger to persons or property;
    • (c.1) the vulnerability of elderly claimants;
    • (c.2) the effect of exposure to family violence on any child of the claimant or on any child who is in the care and custody of the claimant;
    • (d) the best interests of the claimant and any child of the claimant or any child who is in the care and custody of the claimant;
    • (e) the claimant’s need for a safe environment to arrange for longer‑term protection from family violence.

A person must apply to a judge of the Provincial Court or a justice of the peace for an emergency protection order. The application can be made by the person experiencing family violence, or the following people, with the consent of the adult:

  • A person on behalf of the adult experiencing family violence, with leave of the court;
  • A peace officer;
  • A director designated under the Child, Youth and Family Enhancement Act [CYFEA]; or
  • A person designated by the Minister of Human Services to apply for protection orders.[93]

Possible terms of an emergency protection order include:

  • No direct or indirect communication with the person or others;
  • Staying away from a location;
  • Removal of the abuser from the residence by a police officer;
  • Police accompaniment to collect belongings;
  • Exclusive occupation of the residence by the family member seeking protection;
  • Seizure of weapons by the police; and
  • Any other terms the court considers necessary.[94]

After the judge or justice of the peace grants an emergency protection order, they must forward the order to the Court of Queen’s Bench. A justice of the Court of Queen’s Bench will hold a hearing within 9 working days after the emergency order was granted, and decide whether to confirm the order, direct an oral hearing, revoke the order.[95] The Court of Queen’s Bench also has the power to grant a new order. Such new order may include any of the terms of an emergency order as described above, as well as any of the following terms:[96]

  • Reimbursement of monetary losses suffered due to the family violence;
  • Temporary possession of personal property;
  • Restrictions on dealing with the other person’s property;
  • Requiring the abuser to post a bond; and
  • Requiring the abuser to attend counselling.

The court must keep the location of the adult confidential. The court can order that a hearing be held in private and order a publication ban on any part of the hearing.[97]

8. Financial Abuse by Substitute Decision-Makers

This section outlines Alberta’s substitute decision-making framework. The section identifies:

  • The different types of substitute and supportive decision-makers in Alberta;
  • How each type of decision-maker is appointed;
  • What duties they have;
  • How they can be removed if they are not fulfilling their duties, including due to abuse or neglect; and
  • Which types of decision-makers can make financial decisions.

We also discuss protections and remedies contained in adult protection legislation, supportive and substitute decision-maker legislation, and health care legislation.

8.1 Substitute decision-makers in Alberta

In Alberta, a substitute decision-maker could be:

  • A co-decision-maker appointed by a court order, with the consent of the adult;
  • An attorney under an enduring power of attorney, chosen by the adult; or
  • A guardian or trustee, appointed by the court.

Alberta also provides for supported decision-making under supported decision-making authorizations.

All the types of supported or substitute decision-making are set out in the Adult Guardianship and Trusteeship Act, except for powers of attorney, which are governed by the Powers of Attorney Act.

Section 2 of the Adult Guardianship and Trusteeship Act sets out four guiding principles as to how it should be interpreted and applied. The principles include:

  • Presume capacity;
  • Use the least restrictive and least intrusive form of assisted or substitute decision-making; and
  • Consider the adult’s wishes, values, and beliefs.
  • Principles
  • 2 This Act is to be interpreted and administered in accordance with the following principles:
  • (a) an adult is presumed to have the capacity to make decisions until the contrary is determined;
  • (b) an adult is entitled to communicate by any means that enables the adult to be understood, and the means by which an adult communicates is not relevant to a determination of whether the adult has the capacity to make a decision;
  • (c) where an adult requires assistance to make a decision or does not have the capacity to make a decision, the adult’s autonomy must be preserved by ensuring that the least restrictive and least intrusive form of assisted or substitute decision-making that is likely to be effective is provided;
  • (d) in determining whether a decision is in an adult’s best interests, consideration must be given to
    • (i) any wishes known to have been expressed by the adult while the adult had capacity, and
    • (ii) any values and beliefs known to have been held by the adult while the adult had capacity.

8.2 Co-decision-makers

Appointing a co-decision-maker

Under the Adult Guardianship and Trusteeship Act, an adult or an interested person can apply to the court to have one or more co-decision-makers appointed to assist the adult in making decisions. A co-decision-maker shares authority with the assisted adult in respect of the specified personal matters. The assisted adult has the final say.

The co-decision-maker helps with decisions involving specified personal matters, which may include health care, where the adult will live, participation in social activities, education, employment, and any legal matters that are not financial in nature.[98] Co-decision-makers cannot make decisions about financial and property matters.

A co-decision-maker may be appointed if:

  • The assisted adult has significantly impaired capacity to make decisions about the specified personal matters;
  • The assisted adult would have the capacity to make decisions if they have support and guidance;
  • There are no less intrusive or restrictive measures available, such as a supported decision-making authorization;
  • The appointment of a co-decision-maker is in the assisted adult’s best interest; and
  • The assisted adult consents to the order and the choice of co-decision-maker.[99]

Any co-decision-maker must consent to act as co-decision-maker. The court must be satisfied that they will act in the assisted adult’s best interests and are suitable for appointment, considering factors such as the views and wishes of the adult, their relationship with the adult, their ability to assist the adult.[100]

A capacity assessment report must be completed by a capacity assessor and given to the court as part of a co-decision-making application.[101] This report is used to help determine whether co-decision-making is the best option.

Duties of a co-decision-maker

A co-decision-maker has several duties under the Act:

  • Act in good faith;
  • Act diligently;
  • Act in the adult’s best interest;
  • Assist the adult to access relevant information;
  • Discuss the decision with the older adult;
  • Assist the older adult in making decisions;
  • Comply with the co-decision-making order;
  • Put the adult’s decisions into effect; and
  • Not refuse to sign a contract if the decision is reasonable and would not harm the adult.[102]

A court may also specify in an order that any contract regarding the specified matters is voidable (i.e. can be made ineffective) if it is not in writing and signed by both the adult and the co-decision-maker.[103]

Ending a co-decision-making order

The older adult can end the co-decision-making order by filing a withdrawal of consent with the court.[104] Any person can apply to the court to have the co-decision-making order reviewed. The court can end the order, change the order, or replace the co-decision-maker for several reasons, including:

  • The older adult regains decision-making capacity for the relevant decisions;
  • The co-decision-maker is not meeting their duties under the Act or the provisions of the order;
  • The co-decision-maker is acting improperly;
  • The co-decision-maker is harming the older adult’s well-being;[105] or
  • The relationship between a co-decision-maker and the assisted person has broken down.[106]

8.3 Court-appointed guardian

Appointing a guardian

Any interested person can apply to the court to have one or more guardians appointed. The appointed guardian can make decisions involving certain personal matters for the adult, which may include health care, where the adult will live, participation in social activities, education, employment, and any legal matters that are not financial in nature.[107]

For the court to appoint a guardian:

  • The adult must not have decision-making capacity for the personal decisions listed in the order;
  • There must not be any less intrusive or restrictive options available; and
  • The order must be in the adult’s best interest.[108]

Section 26(7) of the Adult Guardianship and Trusteeship Act sets out the factors that the court will consider in deciding whether guardianship is in the adult’s best interests.

Generally, a capacity assessment is required before the court will appoint a guardian.[109]

If the older adult is in immediate danger of serious harm or death and needs a guardian appointed to prevent this harm, the court can dispense with some of the documentation normally required for the guardianship application. A guardianship order granted under such circumstances must be reviewed by the court within 90 days of the order. [110]

A person will be appointed as guardian only if they are 18 years of age or older and willing to be a guardian. The court must also be satisfied that the proposed guardian will act in the best interests of the adult and is suitable to be appointed as guardian.[111] Section 28 of the Adult Guardianship and Trusteeship Act sets out the factors that the court will consider.

Duties of a guardian

The Public Guardian can be appointed as guardian if there are no other people willing, able and suitable to be guardian.[112] The Public Guardian may also become a guardian upon the death or incapacity of the original guardian, if there is no alternate guardian.[113]

The guardian has several duties under the Act:

  • Act in the adult’s best interest;
  • Act diligently;
  • Act in good faith;
  • Act in a way that encourages the adult to be involved in decision-making;
  • Act in the least intrusive and restrictive manner;
  • Comply with any conditions or limits set out in the guardianship order;
  • Inform the adult about the guardian’s appointment and authority in a way that the adult is likely to best understand;
  • Inform the adult about any important decisions made; and
  • Comply with the instructions in any applicable personal directive.[114]

Removing a guardian

The adult, a guardian, or any interested person can apply to the court to have the guardianship order reviewed. The court can end the order, change the order, or replace the guardian for several reasons, including: [115]

  • The adult does not need a guardian;
  • The guardian is not meeting their duties under the Act or the provisions of the order;
  • The guardian is unable to act or is no longer suitable to be a guardian;
  • The guardian is acting improperly or in a way that might harm the adult’s well-being; or
  • The relationship between a guardian and the represented person has broken down.

8.4 Attorney under an Enduring Power of Attorney (EPOA)

Appointing an attorney

Under the Power of Attorney Act, an adult can appoint one or more persons to be their attorney in an enduring power of attorney document. The attorney can make on the adult’s behalf any financial decision that the adult could normally do by attorney. The EPOA can take effect immediately, or after a certain date or event, such as when the adult loses decision-making capacity for financial decisions.[116]

At the time of making the EPOA, the adult must be capable of understanding the nature and effect of the EPOA.[117] However, once made, the EPOA continues to have effect even if the adult becomes mentally incapable afterwards.[118]

Duties of an attorney

An attorney has responsibilities under the Act:

  • Exercise their powers to protect the adult’s interests when the adult does not have the decision-making capacity to make reasonable financial decisions; and
  • Provide accounts for all transactions made when requested to do so by the court.[119]

The adult, the adult’s representative or trustee, or any interested person if the adult lacks decision-making capacity, can apply to the court to have the attorney provide accounts for transactions made.[120]

Sections 2 to 8 of the Trustee Act apply to attorneys appointed under the Power of Attorney Act.[121] These provisions set out the attorney’s powers and duties with respect to investments.

Removing an attorney

Any interested person can apply to the court to have an EPOA terminated. The court may terminate the EPOA if in the best interests of the adult.[122]

An EPOA can end in several ways:

  • The adult revokes the EPOA in writing while the adult still has decision-making capacity;
  • The attorney asks the court to stop being the attorney;
  • The court orders the EPOA ended;
  • The court appoints a trustee for the adult or the attorney; or
  • The adult or the attorney dies.[123]

8.5 Court-appointed trustee

Appointing a trustee

Any interested person can apply to the court to have one or more trustees appointed. Trustees can make decisions involving financial matters for an adult and can do anything in relation to financial matters that the adult could do if they had capacity.[124] There are some limitations in respect of real estate. For example, a trusteeship order generally does not apply to property located outside Alberta. Also, unless the court orders otherwise, trustees are not permitted to sell, transfer, encumber (e.g. charge or mortgage), or purchase real estate on behalf of the adult. Trustees may only register the trusteeship order against title to the property.[125]

For the court to appoint a trustee:

  • The adult must not have decision-making capacity for the financial matters listed in the order;
  • There must not be any less intrusive or restrictive options available; and
  • The order must be in the adult’s best interest.[126]

The fact that an adult is making financial decisions in a manner that a reasonably prudent person would not adopt, or has difficulty communicating about a financial matter, does not necessarily mean that they lack capacity.[127]

Section 46(7) of the Guardianship and Trusteeship Act sets out the factors that the court will consider in deciding whether trusteeship is in the adult’s best interests.

Generally, a capacity assessment is required before the court will appoint a trustee.[128]

However, a trusteeship order may be made in an urgent case even without the required documents. If the adult is in immediate danger of serious financial loss if an order is not granted and does not have decision-making capacity, the court can dispense with some of the usual requirements. The court can appoint a trustee, prohibit people from dealing with the property of the adult, or require property to be put into the care of a trustee. A trusteeship order granted under such circumstances must be reviewed by the court within 90 days of the order. [129]

A person will be appointed as trustee only if they are 18 years of age or older and willing to be a trustee. The court must also be satisfied that the proposed trustee will act in the best interests of the adult and is suitable to be appointed as trustee.[130] Section 49 of the Guardianship and Trusteeship Act sets out the factors that the court will consider. Alternatively, the court may appoint a trust corporation to act as trustee.[131]

The Public Trustee as Trustee

The Public Trustee can be appointed as trustee if there are no other people willing, able, and suitable to be trustee.[132] The Public Trustee may also take control of the adult’s property upon the death or incapacity of the original trustee, if there is no alternate trustee.[133]

The Public Trustee has a duty to inquire into an alleged need for a trustee. If the Public Trustee receives a written allegation that an adult needs a trustee, they are required to make inquiries and take action to determine whether they should apply for an order appointing the Public Trustee as trustee. If an adult is likely to suffer serious financial loss if a trustee is not appointed within a reasonable time, and no other person is likely to apply for the appointment of a trustee the Public Trustee will be appointed trustee.[134]

Duties of a trustee

The trustee has several duties under the Act:

  • Act in the best interest of the older adult;
  • Follow the trusteeship order and the approved trusteeship plan;
  • Make payments necessary to support the older adult;[135]
  • Exercise the care, skill and diligence that a reasonably prudent person would exercise in managing the person’s own financial matters;[136]
  • Determine if the older adult has a will;
  • Keep the older adult’s property and money separate from their own;
  • Maintain accounts of all transactions; and
  • Provide accounts to the court when requested.[137]

Sections 2 to 8, except section 3(5)(b), of the Trustee Act apply to trustees appointed under the Guardianship and Trusteeship Act.[138] These provisions set out the trustee’s powers and duties with respect to investments.

There are also rules governing matters such as:

  • Gifts by the trustee out of the adult’s property;[139]
  • Separation of the adult’s property from the trustee’s own property;[140]
  • Accounts required by the trustee;[141]
  • Compensation to the trustee.[142]

Removing a trustee

The adult, a trustee, or any interested person can apply to the court to have the trusteeship order reviewed. The court can end the order, change the order, or replace the trustee for several reasons, including:

  • The adult no longer needs a trustee;
  • The trustee is not meeting their duties under the Act or the provisions of the order;
  • The trustee is unable to act or no longer suitable to be a trustee;
  • The trustee is acting improperly or in a way that might harm the adult’s well-being; or
  • The trustee is guilty of breach of trust.[143]

8.6 Supported decision-making

Appointing a supportive decision-maker

An adult can authorize up to three people to be their supporter under a supported decision-making authorization. Depending on the terms of the authorization, the supporter can:

  • Help the adult make a decision;
  • Help the adult communicate their decisions with others; and
  • Obtain information needed to make a decision.

 A supporter can help with decisions involving personal matters, which includes health care, where the adult will live, education, employment, and any legal matters that are not financial in nature.[144] Supported decision-making authorizations cannot cover decisions on financial and property matters.

Duties of a supportive decision-maker

A supporter has several responsibilities:

  • Act in the adult’s best interest;
  • Act in good faith;
  • Act diligently; and
  • Keep written records of all decisions made, assistance provided, and personal information obtained or disclosed.[145]

In order to make a supported decision-making authorization, the supporter must understand the nature and effect of the authorization.[146]

Removing a supportive decision-maker

A supported decision-making authorization can end in several ways:

  • The adult terminates the authorization;
  • A co-decision-making order is granted by the court;
  • A guardianship or trusteeship order takes effect; or
  • A personal directive under the Personal Directives Act starts taking effect.[147]

Decisions made and communicated under a supported decision-making authorization are considered the decisions of the adult, not the supporter. However, if a person reasonably believes a decision which is being communicated to them is the result of undue influence, or the supporter communicating the adult’s decision is engaging in fraud or misrepresentation, the person can refuse to accept the decision.[148]

8.7 Protective Measures

The Guardianship and Trusteeship Act provides for protection measures when an adult is being mistreated by their supported or substitute decision-maker.

Any person can make a complaint to the Office of the Public Guardian and Trustee if they believe a guardian, trustee, or co-decision-maker is not fulfilling their duties and the older adult is likely to experience physical, mental, or financial harm as a result. This complaint must be made in writing.[149]

The complaints officer will review the complaint. If the complaint is not frivolous and the officer decides that an investigation is necessary, the matter will be referred to an investigator. The investigator has several powers to conduct an investigation, including:

  • Interview the older adult;
  • Interview any other person with relevant information;
  • Access relevant records in the possession of the co-decision-maker, guardian, or trustee or any other person;
  • Enter the premises to interview someone, assess the risk of harm to the adult or access records.[150]

If the person in charge of the premises refuses to permit the investigator to enter, or obstructs the investigation, the investigator may apply to the court for an order. The court may make an order requiring a person allow entry to the premises or produce records and may direct that a police officer assist the investigator.[151]

After an investigation, the investigator may:

  • Attempt to resolve any matter relating to the complaint;
  • Refer the matter to alternative dispute resolution;
  • Recommend the Public Guardian apply for a guardianship order, trusteeship order, or temporary protection order;

If a complaints officer believes that the complaint could constitute:

  • An offence under the Criminal Code, they may refer the matter to the police;
  • Abuse of a client under the Protection for Persons in Care Act, they may refer the matter to the Minister of Seniors and Housing;
  • An offence under another Alberta law, they may refer the matter to the Minister of Justice and Solicitor General.[152]

If, at any time, the Public Guardian believes an older adult who has a guardian or trustee is at risk of serious harm, the Public Guardian can apply to the court for a temporary protection order. Unless otherwise ordered, a temporary protection order is in effect for 30 days. The terms could include:

  • Authorizing a police officer to temporarily move the adult to a safe place;
  • Appointing the Public Guardian as temporary guardian and suspending the authority of any co-decision-maker or guardian; or
  • Any other terms the court feels are necessary.[153]

See also the above section The Public Trustee as Trustee.

9.  Employment Protections

9.1 Whistleblower protections

The Protection for Persons in Care Act provides for certain protections for those who report an abuse or assist an investigation. A service provider or person employed to provide services cannot take adverse action (such as termination of employment) against a person for reporting abuse or assisting in an investigation. They also cannot change or stop a client’s care or support services because the client has made a complaint or may have been abused.[154] See also Role of Service Providers above.

9.2 Statutory employment leave

A person may be eligible for domestic violence leave under the Employment Standards Code if they, a dependent child, or a protected adult who is living with them, experience domestic violence. Protected adult refers to an assisted adult, represented adult, or supported adult as defined in the Adult Guardianship and Trusteeship Act.[155]

Domestic violence is defined to mean any of the following:

  • any intentional or reckless action that causes injury or property damage while intimidating or harming a person;
  • any act or threat that intimidates a person by creating a reasonable fear for property damage or personal injury;
  • psychological or emotional abuse;
  • forced confinement;
  • sexual contact that is coerced by force or threat; and
  • stalking.[156]

The domestic violence must have been caused by a person who:

  • is or has been married to the employee;
  • is or has resided together in an intimate relationship;
  • is or has been an adult interdependent partner;
  • is or has been dating the employee;
  • is the biological or adoptive parent of a child with the employee;
  • is related to the employee by blood, marriage, adoption, or an adult interdependent relationship; or
  • is residing with the employee and has care and custody over the employee by court order.[157]

The domestic violence leave allows an employee to take time off to obtain services they need, including medical care, victim services, counselling, housing, or legal or law enforcement assistance.[158]

To be eligible for the leave, the employee must have been working for their employer for at least 90 days. Employees must give their employer notice they are taking the leave as soon as is reasonable.[159] If an employee is eligible for the leave, they can take up to 10 days of unpaid leave per year.[160]

10. Income Support Policies

A person who is fleeing abuse may be eligible for income support. Legislative authority for the income support program is derived from the Income and Employment Supports Act, Income Support, Training and Health Benefits Regulation and Recovery Regulation.

If a person is residing in a shelter to flee an abusive relationship and they meet the eligibility criteria of the income support program, they may receive a family violence shelter allowance. They may also receive certain health benefits and supplementary benefits (such as an emergency allowance for emergency childcare). When the person is leaving the shelter, they can apply for relocation costs.[161] When a person is fleeing abuse and is setting up a new household, they may be eligible for the Escaping Abuse Benefit (Household Start-Up).[162]

A sponsored immigrant may also be eligible for income support under specific circumstances, including where the person is being abused or neglected by their sponsor. They may also be eligible for support where the sponsor has abandoned the immigrant and the immigrant has made reasonable efforts to secure financial support from the sponsor.[163]

11. Key Contacts

Designated Agencies

Protection for Persons in Care

To report elder abuse to Protection for Persons in Care:

Call:
Toll free: 1-888-357-9339 (in Alberta)
Phone: 780-422-1155
Office hours: 8:15 am to 4:30 pm (Monday to Friday, closed statutory holidays)
Fax: 780-415-8611
Email: [email protected]
Website: www.alberta.ca/protection-for-persons-in-care.aspx

Office of the Public Guardian and Trustee

To submit a complaint about a decision-maker, fill out the form available at www.alberta.ca/complaints-about-decision-makers.aspx and submit your complaint by mail, fax or email:

Office of the Public Guardian and Trustee
Complaints
4th floor, John E. Brownlee Building
10365 97 Street
Edmonton, AB T5J 3ZB

Fax: 780-422-6051
Email: [email protected]

You can also find the nearest office at www.alberta.ca/contact-office-public-guardian-trustee.aspx

Governmental Agencies

Ministry of Community and Social Services

To obtain information, advice and support regarding family violence and domestic violence programs and services:

To obtain information on income support, contact the main Alberta Supports Contact Centre or your local Alberta Supports or Alberta Works Centre:

Find the location of your local Alberta Supports or Alberta Works Centre at: www.alberta.ca/alberta-supports.aspx

If you require emergency financial assistance to help with basic needs such as shelter, food, clothing and transportation, contact the 24-hour Emergency Income Support Contact Centre:

Alberta Health Services

For advice regarding a health concern:

Office of the Alberta Health Advocates

The Office of the Alberta Health Advocates listens to health service-related concerns and assists Albertans in finding ways to resolve those concerns.

Community Organizations

Alberta Elder Abuse Awareness Council (AEAAC)

The AEAAC aims to increase awareness and support a community response to elder abuse. It offers training and publications addressing elder abuse, and its website sets out a list of local helplines and resources for each region of the province.

Kerby Centre

The Kerby Centre is a not-for-profit, multi-service organization. It operates a senior centre located in Calgary and offers a range of services, including an Elder Abuse Resource Line. The Elder Abuse Response Team coordinates police and social workers to respond to allegations of abuse.

Canadian Mental Health Association (CMHA) – Edmonton Region

The CMHA operates a 24-hour Seniors’ Abuse Helpline. The helpline provides confidential crisis intervention, emotional support and resources to those who are experiencing or concerned about someone else experiencing seniors’ abuse.

Legal Aid Alberta

Legal Aid Alberta offers affordable province-wide legal services in the areas of family law and domestic violence, including adult guardianship and trusteeship and emergency protection orders.

To find a legal clinic, please visit www.legalaid.ab.ca/resources/support-services/.

Elder Law Program

Calgary Legal Guidance provides information and advice to older people about powers of attorney, personal directives, wills and estate planning, and elder abuse.

Endnotes

[1] Protections for Persons in Care Act, SA 2009, c P-29.1 [PPCA].

[2] Alta Reg 97/2010.

[3] Health Professions Act, RSA 2000, c H-7,[HPA].

[4] Protection Against Family Violence Act, RSA 2000, c P-27 [PAFVA].

[5] Alta Reg 80/1999.

[6] Victims of Crime and Public Safety Act, RSA 2000, c V-3.

[7] Power of Attorney Act, RSA 2000, c P-20 [POAA].

[8] Adult Guardianship and Trusteeship Act, SA 2008, c A-4.2 [AGTA].

[9] Alta Reg 224/2009.

[10] Personal Information Protection Act, SA 2003, c P-6.5 [PIPA].

[11] Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 [FOIPPA].

[12] Health Information Act, RSA 2000, c H-5 [HIA].

[13] Employment Standards Code, RSA 2000, c E-9 [ESC].

[14] Alta Reg 14/1997.

[15] PPCA, supra note 1, s 2.

[16] Ibid, s 1(2).

[17] Ibid, s 1(3).

[18] Ibid, s 1(1).

[19] Ibid, s 1(1); PPCA Regulation, supra note 2, s 3.

[20] Alberta Health, Government of Alberta, A Guide to Understanding the Protection for Persons in Care Act (August 2018), online: < open.alberta.ca/dataset/fbe324d8-e85f-4258-b7e5-ae7514b185d5/resource/68359e7d-8969-4f3e-9f32-e17093871a17/download/ppc-understand-ppca-2018.pdf> [Alberta Health, A Guide].

[21] PPCA, supra note 1, s 7.

[22] Ibid, s 8.

[23] Ibid, s 7(4), (5).

[24] Ibid, s 24.

[25] Ibid, s 10.

[26] Ibid, s 18.

[27] Ibid, s 11.

[28] Ibid, s 11(7).

[29] Ibid, s 11(7).

[30] Alberta Health, A Guide, supra note 20.

[31] PPCA, supra note 1, s 22.

[32] Ibid, ss 12.

[33] Ibid, ss 12.

[34] Ibid, ss 12, 13.

[35] Ibid, s 15.

[36] Ibid, s 19.

[37] 29 distinct professional colleges are created in schedules to the HPA, supra note 3.

[38] HPA, ibid, s 54.

[39] Ibid, s 1(1).

[40] Ibid, s 57.

[41] Ibid, s. 127.2(1).

[42] Ibid, s 57(1.1).

[43] Ibid, s 55.

[44] Ibid, ss 66.

[45] Ibid, s 80.

[46] Ibid, ss 82.

[47] Ibid, s 81.1.

[48] Ibid, s 82(1.1).

[49] PPCA, supra note 1, s 7.

[50] FOIPPA, supra note 11, s 4.

[51] HIA, supra note 12, ss 2, 5.

[52] PIPA, supra note 10, ss 3-4.

[53] FOIPPA, supra note 11,ss 33-34.

[54] Ibid, s 39.

[55] Ibid, s 40(ee).

[56] Ibid, s 40(q).

[57] Ibid, s 40(e), (f).

[58] HIA, supra note 12,s 1.

[59] Ibid, s 22(3).

[60] Ibid, s 25.

[61] Ibid, ss 31, 34.

[62] Ibid, ss 35, 42.

[63] Ibid, s 34(1)(m).

[64] Ibid, s 35.

[65] Ibid, s 35(4), (5).

[66] Ibid, s 37.3.

[67] Ibid, s 35(1)(p).

[68] PIPA, supra note 10,s 7.

[69] Ibid, s 20(a).

[70] Ibid, s 20(g).

[71] Ibid, s 20(f), (m).

[72] Ibid, s 20(n).

[73] Ibid, s 20(b).

[74] AGTA, supra note 8, s 9.

[75] Ibid, s 22.

[76] Ibid, s 41.

[77] Ibid, s 72.

[78] Descôteaux v Mierzwinski, [1982] 1 SCR 860 at 870–876, 141 DLR (3d) 590 [Descôteaux cited to SCR].

[79] Smith v Jones, [1999] 1 SCR 455 at para 35, 169 DLR (4th) 385, [Smith cited to SCR]

[80] R. v. McClure, [2001] S.C.R. 445, [McClure cited to SCR]

[81] Law Society of Alberta, Code of Conduct, Calgary, Law Society of Alberta, 20 February 2020, online: <www.lawsociety.ab.ca/regulation/act-code-and-rules/>.

[82] Ibid, s 3.3-1.

[83] Ibid, s 3.3-3.

[84] Alberta, Office of the Attorney General, Attorney General guidelines for the Crown Prosecution Service (Edmonton: Office of the Attorney General, August 2015), online: <open.alberta.ca/publications/attorney-general-guidelines-for-the-crown-prosecution-service#summary>.

[85] Ibid, at “The Decision to Prosecute” (28 November 2006) pg 6-9.

[86] Ibid, at “Victims of Crime” (7 January 2007).

[87] Ibid, at “Domestic Violence Guideline” (28 November 2008).

[88] Victims of Crime Act, s 2(1).

[89] PAFVA, supra note 4,s 1(1)(d).

[90] Ibid, s 1(1)(e).

[91] Ibid, s 2(2.1)(e).

[92] Ibid, s 7.

[93] Ibid, s 6; PAFV Regulation, s 3.

[94] Ibid, s 2(3).

[95] Ibid, s 3.

[96] Ibid, s 4(2).

[97] Ibid, s 8.

[98] AGTA, supra note 8, ss 12-13, 16-17.

[99] Ibid, s 13.

[100] Ibid, s 14.

[101] Ibid, s 13(2).

[102] Ibid, s 18.

[103] Ibid, s 17(5).

[104] Ibid, s17.

[105] Ibid, s 21.

[106] Ibid, s 21(4)(b)(vii).

[107] Ibid, ss 26, 31, 33.

[108] Ibid, s 26.

[109] Ibid, s 26(3)(b).

[110] Ibid, s 27.

[111] Ibid, s 28(1).

[112] Ibid, s 29, 36.

[113] Ibid, s 36(1).

[114] Ibid, s 35.

[115] Ibid, s 40.

[116] POAA, supra note 7,ss 3-5, 7.

[117] Ibid, s 3.

[118] Ibid, ss 2(1)((b)(iii), 4.

[119] Ibid, ss 8, 10.

[120] Ibid, s 10.

[121] Ibid, s 7.1.

[122] Ibid, s 11.

[123] Ibid, ss 12-13.

[124] AGTA, supra note 8, ss 44, 55.

[125] Ibid, s 55.

[126] Ibid, s 46.

[127] Ibid, s 46(6).

[128] Ibid, s 46(2)(a).

[129] Ibid, s 48.

[130] Ibid, s 49(1).

[131] Ibid, s 49(1)(b).

[132] Ibid, s 50.

[133] Ibid, s 64.

[134] Ibid, s 47.

[135] Ibid, ss 56-57.

[136] Ibid, s 57(1).

[137] Ibid, ss 61-63.

[138] Ibid, s 59.

[139] Ibid, s 60.

[140] Ibid, s 62.

[141] Ibid, s 63.

[142] Ibid, s 66.

[143] Ibid, s 70.

[144] Ibid, ss 1, 3-4.

[145] Ibid Regulation, s 4.

[146] Ibid, ss 4(1).

[147] Ibid, ss 7-8.

[148] Ibid, s 6.

[149] Ibid, s 75.

[150] Ibid, s 76.

[151] Ibid, s 76.

[152] Ibid, s 77, 79.

[153] Ibid, s 74.

[154] PPCA, supra note 1, s 18.

[155] ESC, supra note 13,ss 53.98, 53.981.

[156] Ibid, s 53.981(2).

[157] Ibid, s 53.981(1).

[158] Ibid, s 53.981(4).

[159] Ibid, s 53.981.

[160] Ibid, s 53.981.

[161] Alberta, Ministry of Community and Social Services, Alberta Works Policy Manual (9 July 2018) at 05 Limited/Ineligible Groups: Shelters for those Fleeing Abusive Relationships, online: <www.humanservices.alberta.ca/AWOnline/index.html>.

[162] Ibid at 09 Non-Continuous Needs: Escaping Abuse Benefit (Household Start-Up).

[163] Ibid at 04 Special Groups: Persons with Immigration Status.

Disclaimer

This website explains the law in general. It is not intended to provide specific legal advice on individual legal problems and should not be relied upon as legal advice. The province and territory modules provide information on where to find legal help.

Contact Us

  [email protected]

  (604) 822-0142

www.bcli.org

© 2022 CCEL PRACTICAL GUIDE