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RTA Residential Tenancies Act

RTA · Protection Against Family Violence Act

1 Definitions

Current to 2025-06-11 · Official PDF

(1) In this Act,
(a) "claimant" means a family member for whom a protection
order is sought or granted;
(a.1) "Committee" means the Fa mily Violence Death Review
Committee established under section 15;
(a.2) "custodian" means a custodian as defined in the Health
Information Act;
(a.3) "Department" means the department of the Government of
Alberta that is administered by the Minister;
(b) repealed 2011 c4 s2;
(c) "emergency protection order" means an order granted under
section 2;
(d) "family members" means
(i) persons who are or have been married to one another,
who are or have been adult interdependent partners of
one another or who are residing or have resided together
in an intimate relationship,
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(ii) persons who are the parents of one or more children,
regardless of their marital status or whether they have
lived together at any time,
(iii) persons who are related to each other by blood, marriage
or adoption or by virtue of an adult interdependent
relationship,
(iv) any children in the care and custody of a person referred
to in subclauses (i) to (iii), or
(v) persons who reside together where one of the persons
has care and custody over the other pursuant to an order
of the court;
(e) "family vio lence" includes
(i) any intentional or reckless act or omission that causes
injury or property damage and that intimidates or harms
a family member,
(ii) any act or threatened a ct that intimidates a family
member by creating a reasonable fear of property
damage or injury to a family member,
(iii) forced confinement,
(iv) sexual abuse, and
(v) stalking,
but is not to be construed so a s to limit a parent or a person
standing in the place of a parent from using force by way of
correction toward a child who is under the care of the parent
or person if the force does not exceed what is reasonable
under the circumstances;
(f) "judge" means a justice of the Court of King's Bench, a
justice of the Court of Justice or a justice of the peace;
(f.1) "health information" mean s health information as defined in
the Health Information Act;
(f.2) "Minister" mean s the Minister determined under section 16
of the Government Organization Act
as the Minister
responsible for this Act;
(f.3) "personal information" means personal information as
defined in the Protection of Privacy Act;
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(g) "protection order" means an emergency protection order and
a King's Bench protection order;
(g.1) "public body" means a pu blic body as defined in the
Protection of Privacy Act;
(h) "King's Bench protection order" means an order granted
under section 4;
(h.1) "record" means
(i) a record as defined in the Protection of Privacy Act, and
(ii) a record as defined in the Health Information Act;
(i) "residence" means a place where a claimant normally or
temporarily resides, and includes a place that a claimant has
vacated due to family violence;
(j) "respondent" means a fa mily member against whom a
protection order is sought or granted;
(j.1) "review" means a re view under section 16(a);
(k) "sexual abuse" means sexual contact of any kind that is
coerced by force or threat of force;
(k.1) "stalking" means repeated conduct by a person, without
lawful excuse or authority, that the person knows or
reasonably ought to know constitutes harassment of a family
member and causes a family member to fear for a family
member's personal safety;
(l) "weapon" means a weapon as defined in the Criminal Code
(Canada).
(2) For the purposes of subsection (1)(k.1), "conduct" includes
(a) following a family member or anyone known to the family
member from place to place,
(b) communicating directly or indirectly with or contacting a
family member or anyone known to the family member,
(c) being present at or watch ing any place where a family
member, or anyone known to the family member, resides,
works, carries on business or is present or likely to be
present,
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(d) engaging in threatening conduct directed at a family
member or anyone known to the family member, and
(e) any other behaviour that a judge considers to be stalking.
RSA 2000 cP-27 s1;2002 cA-4.5 s65;2006 c8 s4;2011 c4 s2;
2013 cC-12.5 s19;AR 217/2022;AR 75/2023;AR 141/2025