Age of Majority in Alberta

Understanding the age of majority laws in Alberta

Anna Dunaeva DLegal Anna Dunaeva December 7, 2024
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Understanding the age of majority laws in Alberta is not just a legal requirement, but a crucial responsibility for anyone navigating life transitions. Whether you’re a young person gaining independence, a parent guiding your child, or an employer or landlord working with younger individuals, these laws clarify when someone is legally considered an adult and what rights and responsibilities come with that status. Knowing these details is not just helpful, but essential to ensure you’re prepared for important milestones, like signing contracts, making healthcare decisions, or handling finances. It’s all about being informed so you can make confident, empowered choices as life moves forward.

Majority Age in Alberta

In Alberta, the age of majority is 18 years. This is not just a number, but a significant milestone that marks the transition to adulthood. It means that individuals aged 18 and older are legally considered adults, with the rights and responsibilities that come with adulthood. They can enter contracts, vote, purchase alcohol and tobacco, and are generally responsible for their own legal decisions. Reaching 18 in Alberta is a milestone that ushers in a new level of independence, as an adult. Anyone under the age of 18 is considered a minor.

Rights and Responsibilities

Majority age is governed by the Age of Majority Act in Alberta. Upon reaching the age of majority, individuals cease to be minors and are given rights and responsibilities that allow them to independently engage in civic, financial, personal, and legal matters.

  • Voting: Eligible to vote in provincial, federal, and municipal elections.
  • Gambling: Able to enter casinos, purchase lottery tickets, participate in regulated gambling activities, and claim winnings.
  • Alcohol, Cannabis, and Tobacco: Legal age for purchasing, possessing, and consuming alcohol, cannabis, and tobacco products.
  • Adoption: Allowed to adopt a child, provided other eligibility requirements are met, including being at least two years older than the child.
  • Real Estate: Permitted to legally sign contracts to buy, sell, or rent property without needing a guardian’s consent.
  • Creating a Will: Able to make a legally binding will, designating how assets will be distributed upon death.
  • Healthcare Decisions: Authorized to make all healthcare decisions independently, without requiring parental consent or adherence to the “mature minor” doctrine.
  • Entering Contracts: Can legally enter into binding contracts, such as those for employment, loans, or service agreements, and is responsible for meeting the terms.
  • Jury Duty: Eligible for jury duty selection, enabling participation in the legal process if summoned.
  • Financial Accounts and Credit: Permitted to open financial accounts independently and apply for credit cards, loans, and other financial products without needing a co-signer.
  • Marriage: Allowed to marry without parental consent or court approval.
  • Changing Legal Name: Authorized to legally change the name without requiring parental consent.
  • Driving: Eligible for a full, unrestricted driver’s license, provided all graduated licensing requirements are met.
  • Business Ownership: Permitted to legally start, own, and operate a business or sole proprietorship without requiring parental involvement.
  • Weapons and Firearm Ownership: Authorized to apply for a Possession and Acquisition License (PAL) for firearms, provided federal licensing requirements are met.
  • Personal Loans and Mortgages: Eligible to apply for personal loans and mortgages independently, assuming financial eligibility criteria are met.
  • Professional Licensing: Granted access to some professional licenses (such as real estate, certain trades, and business licenses), provided additional training or certification requirements are met.
  • Joining the Military: Eligible to join the Canadian Armed Forces without parental consent, though specific roles may have additional requirements.
  • Consent to Participation in Research Studies: Authorized to independently consent to participate in clinical trials, research studies, and surveys.
  • Running for Office: Eligible to run for public office in municipal, provincial, or federal elections, provided specific requirements for the position are met.

Legal Age vs Age of Majority in Alberta

The term “legal age” refers to the minimum age at which a person is considered legally competent to perform certain activities and assume specific responsibilities. This is a broader term that applies to particular activities or rights, such as driving, drinking, or working.

The legal age for a given activity may vary and doesn’t necessarily align with the age of majority. For example, in Alberta, the legal age to drive with a learner’s permit is 14. Whereas, the legal age for drinking is 18, matching the age of majority. The legal age can vary depending on the activity and the laws of each jurisdiction. However, the age of majority doesn’t change.

Healthcare Decisions

In Alberta, individuals can make their own healthcare decisions without restrictions when they hit the age of majority. However, in some cases, individuals under the age of 18 will also be able to make their own healthcare decisions.

The “mature minor doctrine” is a legal principle in Alberta (and other Canadian provinces) that allows minors under the age of majority to make their own healthcare decisions if they demonstrate the maturity to understand the benefits, risks, and consequences of the treatment.

Under the mature minor doctrine, healthcare providers assess each minor individually, considering factors like the complexity of the medical decision, the minor’s understanding of the implications, and their ability to weigh the options and consequences.

This approach allows minors (who are deemed mature enough) to receive necessary care without parental consent, especially in sensitive areas where minors may seek confidentiality, such as sexual health or mental health care.

Parental Responsibility and Child Support

Parents’ legal responsibility generally ends when their child turns 18, Alberta’s age of majority. However, child support can continue past 18 if the child is still dependent, such as if they are attending full-time post-secondary education or have a disability that requires ongoing care. If a child has disabilities or conditions that make self-support impossible, child support payments may continue indefinitely or until the child can achieve financial independence.

Courts often require a paying parent to continue supporting children who pursue post-secondary education. The child support order typically covers tuition, living expenses, and other related needs. However, the exact duration and amount of post-18 child support can vary case by case, as courts consider the child’s specific needs, the parent’s financial circumstances, and any relevant agreements or court orders.

When considering if your child is eligible for extended child support, start by reviewing any existing court orders or separation agreements. If they specify support beyond age 18, this will generally govern the arrangement. However, parents may also negotiate an agreement regarding post-18 support outside of court.

In the absence of an agreement, a court application may be necessary to extend child support beyond 18. Either parent can request this adjustment if circumstances have changed.

Inheritance and Legal Settlements

In Alberta, the laws relating to minors receiving insurance benefits, legal settlement payments, and inheritances are designed to protect young people’s assets and ensure they are used for their benefit until they can manage them independently.

The funds are typically placed in trust, or a guardian is appointed to manage the money on the child’s behalf. This guardian or trustee is responsible for using the funds only for the child’s benefit, covering essential needs like education, health, or general well-being.

At 18, the individual can access the full amount of any life insurance benefits, settlements, or payouts left to them. If the funds were held in a trust, they are typically transferred to the individual at this age unless a specific age delay provision was set up by the policyholder, will, or court. For example, some wills provide incremental distributions at ages 18, 21, and 25 to offer financial support over time.

If the estate was managed by an executor or trustee for the minor’s benefit, their legal role typically ends once the beneficiary turns 18 and takes control, unless otherwise stated.

Understanding Age-Based Rights

If you have questions about the Majority Act or other legal rights based on age, we’re here to help. As experienced lawyers, we understand that these matters can be complex, and we’re committed to providing clear, comprehensive guidance tailored to your unique situation. Whether you’re navigating family law, employment law, estate planning, or any other area impacted by age-based legal thresholds, our team is equipped to help you make informed decisions. Don’t hesitate to contact us today for a consultation to discuss your rights and responsibilities.

Questions?

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