This
act recognizes and declares the rights and freedoms of Albertans and states
that the law needs to operate in a way that protects them.
ALBERTA BILL OF RIGHTS
Chapter A-14
Preamble
WHEREAS the free and democratic
society existing in Alberta is founded on principles that acknowledge
the supremacy of God and on principles, fostered by tradition, that honour
and respect human rights and fundamental freedoms and the dignity and worth
of the human person;
WHEREAS the Parliament of
Canada, being desirous of enshrining certain principles and the human rights
and fundamental freedoms derived from them, enacted the Canadian
Bill of Rights in order to ensure the protection of those rights and
freedoms in Canada in matters coming within its legislative authority;
and
WHEREAS the Legislature of
Alberta, affirming those principles and recognizing the need to ensure
the protection of those rights and freedoms in Alberta in matters coming
within its legislative authority, desires to enact an Alberta Bill of Rights;
THEREFORE HER MAJESTY, by
and with the advice and consent of the Legislative Assembly of Alberta,
enacts as follows:
Recognition
and declaration of rights and freedoms
1) It is hereby recognized
and declared that in Alberta there exist without discrimination by reason
of race, national origin, colour, religion, sexual orientation, sex, gender
identity or gender expression, the following human rights and fundamental
freedoms, namely:
(a) the right of
the individual to liberty, security of the person and enjoyment of property
and the right not to be deprived thereof except by due process of law;
(b) the right of
the individual to equality before the law and the protection of the
law;
(c) freedom of
religion;
RSA 2000 Section 2 Chapter
A-14 ALBERTA BILL OF RIGHTS
2)
(d) freedom of
speech;
(e) freedom of
assembly and association;
(f) freedom of
the press;
(g) the right of
parents to make informed decisions respecting the education of their
children.
RSA 2000 cA-14 s1;2015 c1
s1
Construction of law
2) Every law of Alberta
shall, unless it is expressly declared by an Act of the Legislature
that it operates notwithstanding the Alberta Bill of Rights, be so construed
and applied as not to abrogate, abridge or infringe or to authorize the
abrogation, abridgment or infringement of any of the rights or freedoms
herein recognized and
declared.
RSA 1980 cA-16 s2
Saving
3)
(1) Nothing in this Act
shall be construed to abrogate or abridge any human right or fundamental
freedom not enumerated herein that may have existed in Alberta at the commencement
of this Act.
(2) In this Act, 'law of
Alberta' means an Act of the Legislature of Alberta enacted before or after
the commencement of this Act, any order, rule or regulation made thereunder,
and any law in force in Alberta at the commencement of this Act that is
subject to be repealed, abolished or altered by the Legislature of Alberta.
(3) The provisions of this
Act shall be construed as extending only to matters coming within the legislative
authority of the Legislature of Alberta.
RSA 1980 cA-16 s3
Notice to Minister of Justice
and Solicitor General
4)
(1) If in any action or
other proceeding a question arises as to whether any law of Alberta abrogates,
abridges or infringes, or authorizes the abrogation, abridgment or infringement,
of any of the rights and freedoms herein recognized and declared, no adjudication
on that question is valid unless notice has been given to the Minister
of Justice and Solicitor General.
(2) When the Minister of
Justice and Solicitor General has notice under subsection
(1), the Minister may, in person or by counsel, appear and participate
in that action or proceeding on such terms and conditions as the court,
person or body conducting the proceeding may consider just.
RSA 2000 cA-14 s4;2013 c10
s34
https://open.alberta.ca/publications/a14
Contact Email
qp@gov.ab.ca
Contact Other
780.427-4952
Toll free:
1-877-427-4088 (in Alberta)
***
Consumer Bill
of Rights
The Consumer
Bill of Rights outlines the protections that consumers have when buying
goods or signing contracts.
On this page:
Your consumer rights.
The right to
be informed. The right to fair treatment. The right to take action when
treated unfairly. The right to protect your interests
Alberta's Consumer
Bill of Rights was developed to help businesses and consumers understand
their rights and responsibilities in Alberta’s marketplace.
The bill of
rights outlines how the Consumer Protection Act:
...ensures
consumers are informed about products, services and transactions
...keeps consumers
safe from unfair business practices
...gives access
to a remedy when harmed
...ensures
consumers have a right to protect their interests
The marketplace
thrives when business and consumers have confidence they will be treated
fairly and ethically.
The right to
be informed
...You have
the right to: only be charged for goods or services you requested and agreed
to pay for honest advice whether a part, replacement or repair is needed.
...Be informed
of the full cost of credit when entering into a credit agreement.
...Not be
charged more than 10% of an estimate, to a maximum of $100.
The right to
fair treatment
You have the
right to be free from:
...high pressure
sales tactics
...being lied
to or misled about a good or service
...being taken
advantage of when you cannot understand a transaction
...being grossly
overcharged
...having
a payment taken from you when the business does not intend to provide the
good or service
...being told
that a good or service will be provided within a certain timeframe when
the supplier knows (or ought to know) they cannot deliver
The right to
take action when treated unfairly
You have the
right to:
...cancel
a contract without penalty within one year if a business is found to have
used an unfair practice.
...resolve
a dispute through the courts and you cannot be forced into arbitration.
...make a
complaint to Service Alberta.
...cancel
an internet purchase or contract over $50 within seven days if a business
fails to properly disclose the total amount owed or if the goods are not
delivered within 30 days of the delivery date.
The right to
protect your interests
You have the
right to:
...the full
protections of the Consumer Protection Act – you cannot waive or release
your rights, benefits or protections under the Act, even if a contract
says you are waiving your rights.
...refuse
to pay for goods and services you did not request.
...cancel
a door-to-door, pre-paid contracting, or timeshare sales contract within
10 days.
...share information
about your transaction in the form of a business review.
Door-to-door
sales
The Consumer
Protection Act allows you to cancel a sale within 10 days of receiving
your copy of the signed contract if:
...the purchase
was for more than $25.
...the purchase
was made in person, away from the seller's normal place of business.
...the purchase
was intended primarily for your personal, family or household use.
...you have
one additional day to reconsider the purchase if the last day you can cancel
falls on a Sunday or statutory holiday.
You do not
have to give a reason for cancellation.
Prepaid contractor
When a written
contract has been solicited, agreed upon or signed at your home or at another
location away from the contractor's normal place of business, the Consumer
Protection Act allows you to cancel the contract up to 10 days after you
receive your copy.
Time share
Under the Consumer
Protection Act, you have 10 days to cancel a time share or points-based
contract entered into from within Alberta. You do not need a reason to
cancel. The 10-day period starts the day after you get a copy of the signed
contract. You can cancel the contract by personal service, registered mail,
email or fax at the address provided by the supplier in the contract. Once
you cancel a contract, the supplier has 15 days to refund your money.
Resources
Consumer Bill of Rights (PDF, 224 KB)
Consumer Bill of Rights tip sheet
Contact
For further
assistance with any of these topics, contact the Consumer Contact Centre:
Phone: 780-427-4088
(Edmonton and area)
Toll free:
1-877-427-4088 (in Alberta)
https://www.alberta.ca/consumer-bill-of-rights.aspx