COVID-19

Can we change parenting arrangements to work with our new circumstances (such as one parent off work, distance learning, etc.)?

Even in this time 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: April 2021

What if co-parents cannot agree on COVID-safe practices?

First, you should ask yourself: do you have proof that the parent is not properly following public health orders?

If the answer is yes:

• Take reasonable steps to protect the children.
• 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: April 2021

What is the best way for co-parents to communicate about parenting changes?

This is a time of uncertainty and stress for everyone. 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.

Last Updated: April 2021

How can I protect my children from conflict and tension during COVID?

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: April 2021

More Resources

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

Can my employer make me work while I am sick?

Under current public health measures, Albertans are legally required to:

• isolate for 10 days if you tested positive or have certain core symptoms that are not related to a pre-existing condition
• quarantine for 14 days if you are a close contact of someone with COVID-19
• quarantine for 14 days if you have travelled outside Canada

If your employer is demanding that you work despite having symptoms, you can contact Alberta Health Services.

Last Updated: April 2021

Can my employer make me stay home if I am sick?

Under current public health measures, Albertans are legally required to:

• isolate for 10 days if you tested positive or have certain core symptoms that are not related to a pre-existing condition
• quarantine for 14 days if you are a close contact of someone with COVID-19
• quarantine for 14 days if you have travelled outside Canada

You can be fined for not following these measures.

Last Updated: April 2021

Can workplaces require employees to be vaccinated?

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: April 2021

Have employment laws changed because of COVID?

Alberta’s Employment Standards Code includes a few COVID-specific terms:

• Employees are entitled to 14 consecutive days of unpaid job leave if they are under quarantine. An employee under quarantine does not need to be employed for 90 days by the same employer or require a medical note to be eligible.
• 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.
• Ministerial Order 2020-26 (regarding healthcare workers working for more than one employer or at more than one worksite) continues to have effect for 18 months from August 14, 2020.

Last Updated: April 2021

What benefits can I apply for if I cannot work due to COVID?

Workers affected by COVID-19 may be eligible for:

• Employment Insurance (EI) – for eligible workers
• Canada Recovery Benefit (CRB) – $500 per week for up to 26 weeks for workers not eligible for EI
• Canada Recovery Sickness Benefit (CRSB) – $500 per week for up to two weeks for workers who are sick or must self-isolate because of COVID
• Canada Recovery Caregiving Benefit (CRCB) – $500 per week for up to 26 weeks per household for workers unable to work due to child or other dependent care responsibilities

Last Updated: April 2021

More Resources

• 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 COVID-19 Economic Response Plan – resources for individuals and businesses
• Government of Canada’s labour and employment notice
• FAQs on termination and temporary lay-offs (CPLEA Resource)
• Your Rights at Work (CPLEA Resource)
• You’ve Lost Your Job … Now What? (CPLEA Resource)

Can I get a ticket or fine for not following public health measures?

Yes. Police can issue tickets. Peace officers in Alberta also have authority until at least June 2, 2021 to enforce public health measures. This means giving out tickets and fines. Fines can be up to $1000 for non-compliance.

Last Updated: April 2021

How do I know what public health measures are?

All public health measures are described on the Government of Alberta’s website. Measures include restrictions on social gatherings and for businesses. As information changes often, see the Government of Alberta’s website for the most up-to-date information.

Last Updated: April 2021

Can I challenge a COVID ticket or fine?

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.

Last Updated: April 2021

Are vaccines mandatory in Alberta?

No. The Government of Alberta has not made vaccines mandatory. It is your choice. The government has said though that enough people need to get vaccinated to achieve a sufficient level of immunity before relaxing public health restrictions.

Last Updated: April 2021

Can my workplace require me to get the vaccine?

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

Last Updated: April 2021

Do I get time off work to get the vaccine?

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

Last Updated: April 2021

Can my kid’s school require my kid to get vaccines?

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: April 2021

What about privacy concerns and vaccines?

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: April 2021

More Resources

• Alberta’s COVID-19 Vaccination Program

What court processes have changed?

The courts in Alberta have made many changes over the last year to keep participants in the legal system safe. 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.

Because processes are changing all the time, visit each court’s website for the latest information:

• the Provincial Court
• the Court of Queen’s Bench
• the Court of Appeal

Last Updated: April 2021

How do I go to court online?

Courts are using online platforms for some court appearances. The process depends on which court you are in. Follow the links below:

• Provincial Court instructions and guidelines for remote appearances
• Court of Queen’s Bench instructions and guidelines for remove appearances

Last Updated: April 2021

What are some tips for appearing in court remotely (by online video or telephone)?

• 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.

Last Updated: April 2021

More Resources

• For court updates across Canada, visit the National Self-Represented Litigants Project (NSRLP) website.
• Many community and legal clinics are not seeing clients in person but are providing services 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.

• More information on provincial states of emergency
• More information on municipal states of local emergency
• More information on Canada’s Emergencies Act

Why is each city and province responding differently to COVID-19?

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: April 2021

Housing & Real Estate

• 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 Real Estate Association COVID-19 Updates
• The Canada Emergency Rent Subsidy provides direct relief for businesses, non-profits and charities that continue to be economically impacted by the pandemic. It started September 27, 2020 and runs until June 2021.

Small Businesses, Entrepreneurs & Non-Profits

• Alberta Biz Connect
• Canada’s COVID-19 Economic Response Plan – Support for businesses
• BDC – support for entrepreneurs
• Charity Central – supports for non-profits

Travel

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

Government Websites

• Government of Canada’s COVID info line: 1.833.784.4397 (available 7AM to midnight EST, 7 days/week)
• 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.