AHS Protective Services Unofficial Guide

Authority summary and appointment restrictions

Appointment Authority

Authorities

This page summarizes the legislation Protective Services may enforce while employed or engaged by Alberta Health Services and acting within the scope of duties.

M

Mental Health

Warrants, apprehensions, return orders, and restraint/seclusion provisions.

T

Trespass

Petty Trespass and Trespass to Premises authorities are not restricted here.

L

Liquor/Cannabis

Public consumption, intoxication, seizure, and transport-related sections.

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Restrictions

Traffic Safety Act authority is limited to non-moving offences only.

Authority Guide

Provincial Offences Procedure Act

Restriction

No authority restriction listed for this Act.

Use

Used for provincial offence processes, tickets, summonses, and court-related procedures.

Mental Health Act

Authority to enforce the Mental Health Act is restricted to the following sections.

Section 10 — Warrant for Apprehension

A provincial court judge may issue a warrant authorizing peace officers to apprehend and transport an individual for examination at a designated facility.

Section 12 — Apprehension Without Warrant

Peace officers may apprehend and convey a person for assessment when there are reasonable and probable grounds related to serious mental health crisis, harm, or deterioration.

While transporting, officers may detain, observe, care for, and control the person in custody.

Section 20(4) — Time-Limited Certificates

Sets time limits and renewal/reassessment requirements for medical certificates used to detain someone involuntarily.

Section 21(1) — Order to Return Patient

If a formal patient leaves without permission, an order may direct a peace officer to return them to the facility.

Section 30 — Seclusion or Restraint

Provides authority for hospital staff to use restraint or seclusion for patient safety in accordance with legislation and policy.

Public Health Act

Authority to enforce the Public Health Act is restricted to the following sections.

Section 40(1)(a) — Authority of Certificate

A certificate authorizes a peace officer to apprehend the named person and convey them to the specified facility within the required time.

Section 43(3) — Treatment After Release

On receipt of an order, a peace officer may arrest without warrant and return the named person to the facility.

Section 50(2) — Unauthorized Absence

An order may authorize apprehension and return of a person to the facility.

Section 70(2) — Destruction of Notice

No person shall conceal, deface, destroy, or remove a public notice posted under the Act or regulation.

Traffic Safety Act

Restriction

Authority is restricted to non-moving offences only.

Reminder

Confirm the offence falls within appointment authority before issuing enforcement action.

Trespass Authorities

Petty Trespass Act

No authority restriction listed for this Act.

Trespass to Premises Act

No authority restriction listed for this Act.

Gaming, Liquor, and Cannabis Act

Authority to enforce the Gaming, Liquor, and Cannabis Act is restricted to the following areas.

Section 84 — Liquor in Vehicle

Addresses consuming liquor in a vehicle unless the vehicle is being used as a temporary residence.

Section 89 — Public Place

Addresses use or consumption of liquor in public places, residences, licensed premises, designated picnic areas, and entertainment districts.

Section 107 — Search and Seizure

Allows warrantless search and seizure in specific circumstances involving liquor or cannabis in or near a vehicle or person.

Section 108 — Abandoned Liquor or Cannabis

Allows seizure and removal of abandoned liquor or cannabis where there is no apparent owner.

Section 115 — Intoxicated Person in Public

Allows taking an intoxicated person in a public place into custody instead of charging, subject to the section requirements.

Regulation AR 143/96 — Section 87.1

Addresses transportation of liquor in an open container or within easy access of the driver or occupants.

Tobacco, Smoking, and Vaping Reduction Act

Restriction

No authority restriction listed for this Act.

Use

Applies to tobacco, smoking, and vaping-related offences as permitted by appointment authority.

Provincial Administrative Penalties Act

Restriction

No authority restriction listed for this Act.

Reminder

Confirm process requirements before taking enforcement action under this Act.