COVID-19 FAQs for Albertans

Even in times of uncertainty, court orders are still valid. You and the other parent should try to agree on reasonable alternatives if needed to work with your situation. If you had informal arrangements in place before the pandemic, do your best to continue with these. Remember that any changes should focus on the needs of the child. And changes can be temporary during the pandemic.

Last Updated: December 2022

You can take reasonable steps to protect the children. Try to work with the other parent to come up with temporary changes, if needed.

If you cannot come to an agreement, consider having a trusted third party or mediator help. This can be done via phone or video conference. Otherwise, you may need to go to court to change the parenting arrangements.

A note about withholding parenting time: Some judges have already warned parents that if they act unreasonably during this period, their unreasonable behavior may be used against them in the future. Parents are expected to behave reasonably based on the best interests of their children.

Last Updated: December 2022

A few tips to communicate about parenting changes:

• Be reasonable. Give the other parent the benefit of the doubt.
• If you agree on temporary changes, make sure that agreement is in writing. This could be an email or text.
• If you cannot communicate about parenting changes, consider having a trusted third party or mediator help. This can be done via phone or video conference.

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Some tips for protecting children from conflict and tension during this time:

• Stay focused on the child’s needs. Remember, as a parent, you must make decisions in the best interests of your children.
• Encourage your child to ask questions about the pandemic. Provide age-appropriate information in response.
• Create a plan for the exchange of the child (pick up/drop off) to avoid unnecessary conflict with the other parent.

Last Updated: December 2022

• Co-Parenting in a Pandemic (August 31, 2020 article by Legal Aid Alberta)

There are no public health measures in place. You are not legally required to isolate if you are sick. This also means your employer can require you to work, depending on your workplace policies and practices.

Nonetheless, staying home does prevent spreading germs at work. Talk to your employer to see if you can find a suitable arrangement, such as taking a sick day, working from home, or working in an isolated environment.

Last Updated: December 2022

There are no public health measures in place. You are not legally required to isolate if you are sick. Your employer may have a workplace policy about what to do if you are sick, such as taking a sick day, working from home, or working in an isolated environment.

Last Updated: December 2022

The short answer is yes. But the long answer is more complicated. For more information, read these LawNow articles for employees and employers.

Last Updated: December 2022

Alberta’s Employment Standards Code and its regulations still include a few provisions related to COVID-19:

COVID-19 leave

Employees are entitled to 14 consecutive days of unpaid job leave if they are under quarantine. Quarantine is defined as any self-isolation or self-quarantine due to COVID-19, as may be recommended or directed by the Chief Medical Officer. To be eligible, an employee under quarantine does not need to be employed for 90 days by the same employer or require a medical note.

A person can also take this leave if they have responsibilities towards a family member under quarantine or a child who cannot attend school due to a recommendation or direction of the Chief Medical Officer. In this case, the employee must give the employer as much notice as is reasonable and practical. The employer can also ask for reasonable verification of the employee’s entitlement to the leave, except the employee does not need to provide a medical certificate as verification.

COVID-19 vaccination leave

Employees can request a paid leave of up to 3 consecutive hours (or longer if necessary) to get a COVID-19 vaccine. The employee must give the employer as much notice as is reasonable and practical. The employer can ask for reasonably sufficient proof that the employee is entitled to the leave. However, the employee does not have to provide a medical certificate or record of immunization as verification, nor do they have to disclose any underlying medical conditions.

Termination pay after temporary layoff for reasons related to COVID-19

Any layoff due to COVID-19 can be for 180 consecutive days and you do not have to work any days in this period. You can be recalled within this period. If you are not recalled after 180 consecutive days of no work, then you are deemed to be terminated (and regular termination laws apply). This change applies to workers who were already laid off due to COVID-19 as of June 18th and those who are laid off after this date.

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The Government of Canada is no longer offering benefits for workers affected by COVID-19. Employment Insurance (EI) is available to eligible workers.

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• CPLEA’s Work resources, including about termination, leaves, OHS and more
• Government of Alberta’s Biz Connect page of resources for employers
• Alberta Human Rights Commission’s reminder about human rights amid COVID-19
• Alberta OHS publications
• Government of Canada’s labour and employment notice

There are no public health measures in place. However, when there were, police could issue tickets with fines of up to $2000 for non-compliance.

Last Updated: December 2022

All public health measures are described on the Government of Alberta’s website. There are currently no public health measures in place.

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You can defend yourself against a ticket or fine, just the same as you can for any other ticket or fine. The ticket will say what next steps are.

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No. The Government of Alberta has not made vaccines mandatory, but it strongly recommends vaccines as a way to prevent the spread of COVID-19.

Last Updated: December 2022

The short answer is yes. But the long answer is more complicated. For more information, read this LawNow article.

Last Updated: December 2022

Yes, if your workplace is regulated by Alberta’s Employment Standards Code*.

As of April 21, 2021, employers must provide workers a paid 3-hour leave to get a COVID-19 vaccination. An employer can provide longer than 3 hours if necessary in the situation (for example, if the employee has to travel to get vaccinated). Employees should give their employer as much notice as they can before taking the leave.

Employers can ask for proof the employee is entitled to the leave. Employers cannot ask:

• for a medical certificate or proof of vaccination to confirm the employee’s entitlement to the leave, or
• the employee to disclose underlying medical conditions.

* The Code does not apply to:

• federally-regulated workers, such as those working in the following industries: railways, shipping, telephone systems and communications, radio and broadcasting, banking, First Nations administrations
• municipal police service employees
• farm owners or family members of a farm owner

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No. Because vaccines are not mandatory, a school cannot require that a child get a vaccine.

Alberta has a school immunization program. Each year, public health staff review immunization records for children in grades 1 to 9. If your child does not have the recommended vaccines for their age, public health staff will send an information sheet and consent form home with the child. Your child will not be vaccinated without your consent.

Last Updated: December 2022

The COVID-19 pandemic and vaccines raise lots of questions about privacy concerns. Employers may want to know if their employees are vaccinated. And you may want to know if the people you are interacting with are vaccinated. But vaccine records are personal information.

In Alberta, three laws protect how different entities collect, use and disclose personal information:

• The Personal Information Protection Act (PIPA) governs organizations (such as businesses, employees and professional regulatory bodies).
• The Freedom of Information and Protection of Privacy Act (FOIP ACT) governs public bodies (such as governments, universities and school boards).
• The Health Information Act (HIA) governs those in the medical field (such as Alberta Health Services, nursing homes, pharmacies and medical professionals).

Under these laws, anyone collecting personal information has legal obligations with respect to that information. For example, if your employer asks for proof of vaccination, they must store that information safely and cannot disclose to others except according to the law. Importantly, they cannot share that information with other employees of the organization who would not otherwise have access to the information.

If you have concerns about how your personal information is collected, used or disclosed, contact the Office of the Information and Privacy Commissioner of Alberta (OIPC).

Last Updated: December 2022

• Alberta’s COVID-19 Vaccination Program

The courts in Alberta have made many changes over the last few years to keep participants in the legal system healthy and improve access to legal services. The courts have allowed individuals to appear via video or phone, lawyers to file documents by email, and written applications in place of some in-person applications.

Court processes change often. For the latest information, visit the Alberta Courts website.

Last Updated: December 2022

Courts are using online platforms for some court appearances. The process depends on which court you are in. Contact Court and Justice Services for more information.

Last Updated: December 2022

• Login or call in early. The court will provide you with login or dial in information. Make sure you are logged into the video platform or on the phone at least 15 minutes before the start time.
• Dress and act as if you were at the courthouse. An appearance by video or phone is still a court appearance, even if you are sitting in your living room!
• Make sure you have a good connection. Disconnect other devices from the internet to avoid bandwidth issues. Use a headset with a microphone if you have one to reduce background noise and allow you to hear better.
• Do not multi-task. Focus on the hearing. You might miss something if you are also checking your emails, trying to look after others, etc.

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• Many community legal clinics are offering services in person or by telephone or videoconference. Contact your local clinic for more information.
• Need a lawyer but don’t know one and don’t qualify for free legal services? Contact Lawyer Referral Service at 1.800.661.1095 or fill out an online request form.

Canada is a federal state. This means Canada has two levels of government: provincial and federal. Under our constitution, each level of government has power to make laws about certain areas. Section 91 of the Constitution Act, 1867 sets out a list of areas (called heads of power) over which the federal government has jurisdiction to make laws. This includes regulating trade and commerce, unemployment insurance, taxes, postal services, the military, banking, airlines and shipping, money, borders and immigration, and criminal law.

Section 92 lists heads of power which the provincial governments have jurisdiction to make laws applicable in their own provinces. This includes healthcare, education, municipalities, property and civil rights in the province, courts, provincial taxes, drinking and gambling, natural resources (exploration, development and management), and all other provincially local matters.

When it comes to COVID-19, Canada can make decisions about things it has power over. This includes the borders, unemployment insurance (EI), federal income taxes, federal student loans, etc.

Each province then has authority to make decisions about things it has power over. This includes the health care system, schools (K-12 and post-secondary), provincial taxes, registries (such as vehicle registration and drivers’ licenses), etc.

Each province can also delegate some of its authority to municipalities (towns and cites) within its borders. In Alberta, municipalities have certain powers under the Municipal Government Act. Each municipality can make bylaws, including about where people can smoke and drink in public, property taxes, speed limits, etc.

Last Updated: December 2022

• COVID-19: Information for Alberta Landlords and Tenants (CPLEA Resource)
• COVID-19: Tips for Condominiums (CPLEA Resource)
• Real Estate Council of Alberta’s (RECA) COVID-19 and Real Estate

• Alberta Biz Connect
• BDC – support for entrepreneurs
• Charity Central – supports for non-profits

• See the Government of Canada’s website for all travel restrictions, exemptions and advice.

• Canada COVID-19 webpage
• Alberta COVID-19 webpage
• Edmonton COVID-19 webpage
• Calgary COVID-19 webpage

Each town and city across Alberta has rules for its residents and businesses. See your local government’s website for more information.