Canada has quite a reputation for having strong legal protections for its citizens. But the truth is that many of the real rules aren’t explained clearly when you sign a contract or when you rent a house. The rights you have when you visit a doctor aren’t always clear, either.
A lot of these protections come from federal law & others are from different provincial systems. Here are ten legal rights that every Canadian should know about. Which of these did you recognize before today?
The Canada Health Act
The Canada Health Act is a federal law that determines how provincial & territorial health plans cover insured health services. The coverage has to include any medically necessary care that you might receive within a hospital, as well as physician services. It also includes surgical dental work that you may get in a hospital.
The Act states the categories for the plans and states that every Canadian has the right to be covered for the provinces to receive federal funding. But provinces get to choose what counts as “medically necessary.” For example, IVF, certain tests, etc. The differences in each area can be rather drastic under provincial regulations, so it is best to research your province’s rules.
Ambulances, vision care, routine dental care, prescription drugs, etc. are not covered under the act.
Telecom contract terms
Your phone & internet contracts fall under national rules that the Canadian Radio-television and Telecommunications Commission (CRTC) sets, rather than simply company policies. One of the most important telecom contract rights comes from the Wireless Code and Internet Code.
Companies must give you clear contract summaries & follow the rules on early cancellation fees on fixed-term contracts. They also have to legally provide you with a trial period to decide whether you want the product or not. Any fees you do get charged must gradually decrease, rather than stay fixed.
Employment standards for leaves & vacation
The right to a minimum vacation time & job-protected leaves actually comes from employment standards laws, rather than your employer. The majority of Canadian workers fall under rules set by the province. However, federally-regulated jobs must follow the Canada Labour Code.
The Code’s legislation includes the amount of vacation pay you must receive as a worker & paid leave. It lists protected absences for workers, too. You don’t have to negotiate these yourself or leave them to your workplace to decide.
Workplace human rights protections
Issues around workplace discrimination are part of national human rights law. Any employers that the federal government regulates must follow the Canadian Human Rights Act, and the Act includes several protected grounds.
These include disability & age, as well as sex, religion, and family status. You have the right as an employee to expect accommodation for certain factors from your employer. That is, unless it’s unreasonably difficult for your employer to follow such regulations.
Privacy law oversight
It’s natural for private companies to collect & use personal information. But the Personal Information Protection and Electronic Documents Act (PIPEDA) governs those that do, and it grants the Office of the Privacy Commissioner of Canada the right to investigate complaints.
You can file a complaint directly with the Office about an issue. The Commissioner will then review whether the company has followed the law about the consent & collection of your data. They also check issues around storage and disclosure.
Tenant protection
The rights you have as a renter are determined by each province, rather than anything national. British Columbia, for example, is a place where the provincial government regulates deposits & timelines for returning them.
Landlords in Québec must give tenants a fixed window to accept or refuse increases to their rent. What rights you have, or don’t have, can completely change, simply because you’ve crossed a provincial border.
Statutory holiday pay
Federal law officially recognizes ten general holidays for any employee working for a federally regulated company. These include Canada Day & Remembrance Day, along with Christmas Day, Boxing Day, Victoria Day, and Labour Day.
You have the right to receive the day off with full pay on those holidays. Provincial & territorial governments also have their own public holiday lists, and these dates may be slightly different from the holidays on the federal calendar.
Workers’ compensation schemes
Nobody wants to imagine that they’re going to be injured at work. But should that happen, provincial & territorial compensation boards handle any claims that you need to make through no-fault systems.
These boards run independently from employers. They’ll help to cover possible wage replacement & medical benefits, and each jurisdiction has its own board that follows the same core rules.
Family law protections
Canada’s Divorce Act is an important law for making parenting decisions because it states that these decisions have to be based only on the child’s best interests. The courts must prioritize your child’s safety & security above all else. They have to take the child’s well-being into consideration as well.
Another important aspect of the law is the fact that it defines how much time qualifies as “parenting time.” You have the right as a parent to make day-to-day decisions on how to care for your child, unless the court orders that these choices have to go to someone else.
Statutory limits on loan interest
The Criminal Code sets the criminal interest rate for all loans in the country. The rate determines the maximum amount of interest a lender may charge borrowers before it becomes a criminal offence. The current annual percentage rate stands at 35%.
Payday loans aren’t treated the same way, since the cost caps are slightly different in each province. But a few provinces have the rate at $14 for every $100 borrowed. You have the right not to be charged any higher.
Sources: Please see here for a complete listing of all sources that were consulted in the preparation of this article.
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