Legal Rights in Alberta
The Bill of Rights outlines how the Consumer Protection Act: Occupational Health and Safety (OHS) Act protects the safety rights of workers in Alberta in the workplace. This Act is a combination of the Occupational Health and Safety Act, the OHS Regulations and the OHS Code. Workers have the right to refuse unsafe work. Employers must also provide appropriate safety equipment and training before requiring a worker to perform potentially hazardous work. Employees are protected from reprisal if they assert their health and safety rights or report employment standards violations. Your boss may ask you to bring your own safety equipment, such as steel boots or hard hats. However, certain types of safety equipment that protect against respiratory hazards or noise levels that exceed legal limits must be given to you. If you`re looking for general information about a specific legal issue (such as family law, immigration information, or taxes), see More information. or browse the list of all legal topics in the Functions section.
Perhaps the most important legal protection of all is protection from retaliation if you seek compliance with a legal right or report your employer`s violations to the relevant labor authority. This ensures that all workers` rights, including wages, safety standards and non-discrimination, are protected. Only by reporting violations can these rights be protected. The reports also help protect other workers from future labor law violations. In addition, employers are required by law to take into account the mental or physical disability, religion, gender or other protected reason of their employees. This adjustment obligation is much more onerous for Canadian employers than for employers in other countries. The Supreme Court of Canada has ruled that employers must take reasonable steps to accommodate an employee`s needs to the point of undue hardship (such as prohibitive financial costs or serious disruption to business). Until an employer can prove that the desired accommodation would cause unreasonable hardship to their entire business, you have the right to be considered. The law gives you rights and obligations. It is important that you report employers who violate your rights. If you report a violation of any of the laws listed above to your employer, you cannot be punished or fired by your boss. This section contains sources for Alberta`s most important legal documents.
Choose from the categories listed in the navigation menu on the left. It was a brief guide to property rights in Alberta. Inappropriate expropriation of property by individuals or authorities can be a critical problem for most landowners. Contact a qualified law firm to understand your surface rights and ensure valuable business in your property. Defining property rights for provinces like Alberta, which have a variety of underground resources, can be complicated and difficult. Land ownership in Canada is consistent with the British principle of “parliamentary sovereignty.” This principle confers ownership of all porous spaces in the region on municipal, provincial and federal authorities. However, several other statutes establish surface rights in Alberta, including: To better understand these provisions, here is a comprehensive guide to property rights in Alberta: Property rights or surface rights in Alberta define the right of owners to use land, water and other subsurface property (excluding Crown-designated resources) at their discretion; to pay or sell. The property parameters that owners can sell or use generally correspond to the concept of “heaven in hell”. This concept allows a landowner to use their land up to the outer and upper boundaries of the parcel. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms enshrined therein only to such reasonable limits as may be prescribed by law and can be demonstrably justified in a free and democratic society.
Alberta employees have legal rights that are protected by federal and provincial laws. For example, workers have the right to earn a minimum wage without prohibited deductions. You are entitled to leave and overtime pay. They have the right to be safe and free from discrimination in the workplace. Most importantly, workers have the right to enforce these rights by reporting cases where your employer violates labor laws. It is important to understand these rights so that you can identify potential violations and, if necessary, consult an employment lawyer about your legal rights. Unfortunately, many people don`t realize how much the law grants them. Here are some of the rights you may not be aware of. The Office of the Property Advocate was created after the introduction of The Property Advocate Act and aims to promote justice with respect to the use of property in Alberta. The Office addresses a variety of property rights concerns, including regulation: Charter rights and freedoms are not absolute – the government is allowed to set reasonable limits on them. In all Charter cases, the government has the authority to justify any violation through a mechanism known as the “proportionality test.” The proportionality test is a function of para.
1 of the Charter, which states: The Alberta Consumer Bill of Rights is designed to help businesses and consumers understand their rights and obligations in the Alberta marketplace. Surface rights in Alberta differ significantly from property rights in other democracies such as the United States and Australia. Ownership of property does not necessarily imply ownership in Canada. A recent review by the Provincial Court of Alberta led to the passage of the Property Rights Advocate Act, which aims to further streamline property rights in the region. The Employment Standards Code applies to most non-unionized workers in Alberta. It regulates compensation, employment records, overtime, paid leave, paid leave, maternity and parental leave, reservist leave, compassionate care leave, injury leave, bereavement leave, dismissal, child employment and other critical work-related matters. The Industrial Relations Act applies to most unionized workers. It regulates the certification and recognition of unions, bargaining rights, mediation, voting, strikes, lockouts, arbitration, disputes and public emergencies in labour disputes. Section 1 assesses individual rights and freedoms in relation to valid government objectives and policies. This balancing act is commonly referred to as the proportionality test. It is about finding “reasonable limits” that “can be demonstrably justified in a free and democratic society.” The following rights and freedoms are protected by the Charter.
You can click on the most frequently used rights for more detailed information. obtain an immediate hearing at which the charges against you will be laid and released if the detention is not lawful (Article 10(c)); Expropriation of property in Canada is defined as the occupation of private property by a municipal, provincial or federal authority for the benefit of the community. Although the government reserves the final right to ownership of land in the province, expropriation of private land without the presence of a clear intention or payment of the necessary compensation is considered a violation of the owner`s surface rights.