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Alberta ABST study materials
Alberta ABST study resources

Alberta ABST practice questions

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Question 1Introduction to the Security Industry and the Role of the Security Professional

Which Alberta statute sets out the licensing requirements and standards of conduct for security guards?

  1. The Personal Information Protection Act
  2. The Criminal Code of Canada
  3. The Security Services and Investigators Act Correct answer.
  4. The Trespass to Premises Act

Explanation

The Security Services and Investigators Act, together with its regulations, governs who may work in the security industry in Alberta, what training and licensing they need, and how they must behave. The Criminal Code is a federal statute that applies to everyone and does not license guards, while the other two statutes deal with property access and privacy.

Question 2Introduction to the Security Industry and the Role of the Security Professional

What is the fundamental purpose of the security profession?

  1. To punish wrongdoing on private property
  2. To arrest people who break the law
  3. To protect people and property Correct answer.
  4. To enforce provincial statutes

Explanation

Security work exists to protect life and property, with life safety always taking priority. Observation, deterrence and reporting support that purpose, while arrest, enforcement and punishment are functions of the police, regulators and courts.

Question 3Introduction to the Security Industry and the Role of the Security Professional

A licensed security guard working in Alberta has powers of arrest and detention that are:

  1. limited to the offences named in the employer's post orders
  2. no greater than those of any other member of the public Correct answer.
  3. identical to those of a peace officer
  4. expanded while on private property to include search without consent

Explanation

A guard holds a provincial licence but remains a private citizen, so the powers available come from the same Criminal Code provisions that apply to everyone, supplemented by the property occupier's authority. Working on private property does not create police-style powers of search or detention.

Question 4Introduction to the Security Industry and the Role of the Security Professional

What is the minimum age for a person to hold a security guard licence in Alberta?

  1. 19 years
  2. 18 years Correct answer.
  3. 16 years
  4. 21 years

Explanation

Alberta requires security licence applicants to be at least 18 years of age, in addition to meeting training, character and other licensing requirements. Being younger than that disqualifies an applicant regardless of experience.

Question 5Introduction to the Security Industry and the Role of the Security Professional

Which training must a new security guard in Alberta complete to qualify for a licence?

  1. The Alberta Basic Security Training course Correct answer.
  2. The employer's two-day orientation program
  3. A standard first aid course only
  4. A police-approved firearms safety course

Explanation

Alberta's licensing framework requires entry-level security guards to complete the provincially mandated Alberta Basic Security Training course, which covers law, procedures, reporting, communication and safety. First aid may be required by an employer but is not the licensing course itself.

Question 6Introduction to the Security Industry and the Role of the Security Professional

While on duty, a licensed security guard in Alberta must:

  1. carry only a photocopy with the photograph removed
  2. display the licence only when working in uniform
  3. leave the licence at the employer's office for safekeeping
  4. carry their security licence and produce it on request Correct answer.

Explanation

Licensees are required to keep their licence with them while working and to produce it when asked by a peace officer or by the provincial regulator. Leaving it behind or altering it defeats the purpose of on-the-spot verification.

Question 7Introduction to the Security Industry and the Role of the Security Professional

Security licences in Alberta are issued by:

  1. the local police service
  2. the provincial government Correct answer.
  3. the federal government
  4. the employer

Explanation

Security services fall under provincial jurisdiction in Canada, and Alberta's provincial regulator issues licences and enforces the industry legislation. Police services enforce the law and employers hire guards, but neither can grant a provincial security licence.

Question 8Introduction to the Security Industry and the Role of the Security Professional

The power of a security guard to arrest a person is found in:

  1. the employer's post orders
  2. the Criminal Code of Canada Correct answer.
  3. the Security Services and Investigators Act
  4. the Trespass to Premises Act

Explanation

Citizen's arrest is set out in section 494 of the Criminal Code, which applies to security guards and members of the public alike, and any force used must also meet Criminal Code standards. Post orders and provincial statutes may guide conduct but do not create arrest powers.

Question 9Introduction to the Security Industry and the Role of the Security Professional

Which statement best describes how private security differs from public police?

  1. It must investigate every crime that it observes on duty
  2. It is client-funded and focused on prevention for that client Correct answer.
  3. It is publicly funded and accountable to the whole community
  4. It holds wider search powers because it works on private land

Explanation

Private security is a contracted service paid for by the client it protects and is oriented toward preventing loss and harm for that client. Police are publicly funded, have society-wide duties and hold powers that private guards do not have.

Question 10Introduction to the Security Industry and the Role of the Security Professional

A guard decides to physically remove an intruder from the site. The force used must be:

  1. force that a supervisor has approved in advance
  2. the maximum force available in order to deter others
  3. no more than is reasonable and necessary in the circumstances Correct answer.
  4. any force the guard believes will be effective

Explanation

The Criminal Code permits only force that is reasonable and no more than necessary to accomplish a lawful purpose such as an arrest or the defence of person or property. Proportionality is judged on the circumstances known at the time.

Question 11Introduction to the Security Industry and the Role of the Security Professional

A guard detains a shoplifter and keeps the person in a back room for two hours before calling police. Why is this improper?

  1. The guard should have called the store manager before calling police
  2. Shoplifting is not a criminal offence
  3. A guard may never detain anyone under any circumstances
  4. The person must be delivered to a peace officer without unreasonable delay Correct answer.

Explanation

Section 494 of the Criminal Code allows a citizen's arrest but requires that the arrested person be delivered to a peace officer without delay. Holding someone for an extended period for questioning or waiting on other priorities can amount to unlawful confinement and expose the guard to liability.

Question 12Introduction to the Security Industry and the Role of the Security Professional

Under Alberta's Personal Information Protection Act, a guard who records a visitor's driver's licence number must:

  1. collect only what is reasonable for the purpose and protect it from misuse Correct answer.
  2. keep the information only in a personal notebook
  3. disclose the information to anyone who asks for it
  4. obtain consent only if the visitor is a suspect

Explanation

Privacy legislation requires that personal information be collected for a reasonable purpose with consent or another lawful authority, limited to what is needed, and protected by appropriate safeguards. Guards handle personal information constantly through visitor logs and incident reports, so these duties apply directly to their work.

Question 13Introduction to the Security Industry and the Role of the Security Professional

A guard in uniform tells an offender, "I'm a police officer and you're under arrest." This conduct is:

  1. an acceptable use of authority under provincial security law
  2. lawful if the person actually committed the offence
  3. the offence of impersonating a peace officer Correct answer.
  4. a minor breach of internal protocol only

Explanation

The Criminal Code makes it an offence to impersonate a peace officer, and security guards must never claim police status or wear uniforms and insignia that could be mistaken for police. Whether the person is guilty is irrelevant to the offence of impersonation.

Question 14Introduction to the Security Industry and the Role of the Security Professional

Post orders are best described as:

  1. the sections of law a guard reads to a person on arrest
  2. provincial rules that govern security licensing across Alberta
  3. the shift roster that shows when the guard starts and ends work
  4. site-specific instructions describing the guard's duties at that site Correct answer.

Explanation

Post orders are written directives prepared for a specific site or position, covering patrols, access control, emergency procedures and reporting. Guards are expected to know and follow them, provided they do not conflict with the law.

Question 15Introduction to the Security Industry and the Role of the Security Professional

A guard detains a suspected shoplifter and threatens him until he admits the theft. What is the main problem with this?

  1. Nothing is wrong if the suspect really did take the item
  2. The guard should have cautioned the suspect before questioning him
  3. The guard exceeded the security role and obtained the statement by intimidation Correct answer.
  4. The guard simply needed a witness present in the room

Explanation

Security professionals observe, report and preserve evidence; they do not conduct investigations or interrogations aimed at extracting confessions. A statement obtained through threats is involuntary, has no evidentiary value, and exposes the guard and employer to serious liability.

Question 16Introduction to the Security Industry and the Role of the Security Professional

A patron at a licensed establishment refuses to leave after staff have asked him to go. Security may remove him because:

  1. staff of a business cannot ask anyone to leave; only police can
  2. the occupier's authority under trespass law allows removal of a person who refuses to leave Correct answer.
  3. the guard must first obtain a court order before removing the person
  4. a guard gains police powers once a business closes for the night

Explanation

Alberta's Trespass to Premises Act allows an occupier, or someone acting on the occupier's behalf such as a security guard, to ask a person to leave; a person who refuses becomes a trespasser and may be removed using only reasonable force. No court order and no police status is required.

Question 17Introduction to the Security Industry and the Role of the Security Professional

A contractor who works regularly at the guard's site offers a $100 gift card "for looking the other way" about after-hours access. What should the guard do?

  1. accept the gift and record the access as authorized
  2. accept the gift and mention it in the daily log
  3. accept the gift but never repeat the favour
  4. refuse the gift and report the offer to the supervisor Correct answer.

Explanation

Accepting a benefit in exchange for altering how duties are performed is a conflict of interest and a breach of professional conduct standards. The correct response is to decline and report the offer so the employer can address the risk.

Question 18Introduction to the Security Industry and the Role of the Security Professional

Which is required of a security guard's appearance and identification while on duty?

  1. neat professional dress with security identification clearly displayed Correct answer.
  2. wearing plain clothes so that the guard can observe without being noticed
  3. wearing clothing that resembles a police uniform to strengthen deterrence
  4. covering the security logo so that offenders are not alerted

Explanation

A professional image supports deterrence and public confidence, and guards must be readily identifiable as security personnel. Uniforms and insignia must not be confused with police dress, which risks an impersonation issue.

Question 19Introduction to the Security Industry and the Role of the Security Professional

At an entrance, a guard asks to look inside a visitor's bag and the visitor refuses. What should the guard do?

  1. respect the refusal and apply the site's access policy, such as denying entry Correct answer.
  2. hold the visitor until police arrive with a warrant
  3. seize the bag and hold it as possible evidence
  4. search the bag anyway because the site is private property

Explanation

A private guard may search only with consent or other lawful authority; refusing consent is not itself an offence. The guard may enforce a condition of entry by denying access, but cannot search or detain the person simply because consent was refused.

Question 20Introduction to the Security Industry and the Role of the Security Professional

A visible, alert guard stationed at an entrance most directly serves which function?

  1. collecting evidence for civil lawsuits
  2. deterring potential offenders Correct answer.
  3. prosecuting offenders in court
  4. disciplining employees who break rules

Explanation

The presence of identifiable security raises the perceived risk of being caught, which discourages would-be offenders. Detection and reporting are also part of the role, but the visible presence itself works mainly through deterrence.

Question 21Introduction to the Security Industry and the Role of the Security Professional

A guard believes a supervisor has instructed something improper. What is the best course of action?

  1. obey any instruction, since supervisors always carry the responsibility
  2. follow lawful orders and report the improper instruction up the chain of command Correct answer.
  3. post the concern anonymously on social media to prompt change
  4. ignore the supervisor and report straight to the client, bypassing everyone

Explanation

Guards are expected to follow lawful directions and to report misconduct or improper instructions through the chain of command. Obeying an unlawful order does not relieve the guard of personal responsibility for the act.

Question 22Introduction to the Security Industry and the Role of the Security Professional

A guard at a mall routinely follows and watches only customers who appear to be from one particular ethnic group. This practice is:

  1. acceptable profiling that improves loss prevention
  2. discriminatory, contrary to human rights law and the code of conduct Correct answer.
  3. a legitimate use of a guard's experience and intuition
  4. acceptable whenever the mall has suffered thefts in the past

Explanation

Selection and observation must be based on behaviour and circumstances, never on protected characteristics such as race, colour, religion or ethnic origin. Profiling exposes both the guard and the employer to human rights complaints and breaches professional conduct expectations.

Question 23Introduction to the Security Industry and the Role of the Security Professional

The historical origin of organized private security is most closely associated with:

  1. the formation of the RCMP in 1873
  2. the creation of the United Nations in 1945
  3. early night watch systems, such as the watch and ward in medieval England Correct answer.
  4. the introduction of CCTV surveillance in the 1960s

Explanation

Organized protection of people and property predates modern police forces; night watch arrangements and the medieval watch and ward system are the earliest recorded forms. Private security agencies later expanded alongside industrialization and the growth of cities.

Question 24Introduction to the Security Industry and the Role of the Security Professional

A guard fails to lock a gate as required by post orders, and a theft occurs through that gate. The guard's main legal exposure is:

  1. criminal liability for the theft itself
  2. no exposure, because someone else committed the theft
  3. liability only to the provincial licensing regulator
  4. civil liability for negligence, based on a failure of the duty of care Correct answer.

Explanation

Negligence requires a duty of care, a breach of that duty, causation and loss; a guard owes a duty to follow post orders and protect the client's property, so failing to do so can lead to civil liability. Criminal liability would require the guard's own culpable act, and regulatory consequences do not replace civil exposure.

Question 25Introduction to the Security Industry and the Role of the Security Professional

Which trio best describes the core objectives of a security program?

  1. survey, store, and shred
  2. deter, detect, and respond Correct answer.
  3. arrest, charge, and convict
  4. patrol, punish, and publicize

Explanation

Security measures are designed to deter an incident from occurring, detect it when prevention fails, and respond appropriately by delaying, reporting and protecting people. Arrest and conviction belong to the criminal justice system, not to the design of a security program.

Question 26Introduction to the Security Industry and the Role of the Security Professional

On a client's private property, a security guard's authority to control access and ask people to leave comes primarily from:

  1. the Criminal Code of Canada
  2. the rights of the property owner Correct answer.
  3. the Alberta Security Services and Investigators Act
  4. the guard's provincial security licence

Explanation

A guard exercises the property owner's rights, delegated through the security contract, to control who may remain on private premises. The licence permits the guard to work; it does not itself create authority over people or property. Statutory powers come from legislation, but the everyday authority to exclude people flows from the owner.

Question 27Introduction to the Security Industry and the Role of the Security Professional

In an emergency, the first priority of a security professional is:

  1. Securing the scene for evidence
  2. Notifying the client's insurer
  3. Protecting the client's property and assets
  4. Preserving life and personal safety Correct answer.

Explanation

Emergency response follows a priority order in which human safety comes before property and before evidence. Guards alert occupants, call for help, and assist evacuation before taking steps to protect assets. Only after life safety is addressed do property protection and scene preservation follow.

Question 28Introduction to the Security Industry and the Role of the Security Professional

Which practice produces the most reliable security notebook entry?

  1. Recording facts in order, as soon as practicable Correct answer.
  2. Recording only the guard's opinion about what happened
  3. Writing the entry at the end of the shift from memory
  4. Using a personal phone to photograph the notebook later

Explanation

Notes made close to the event, in chronological order and limited to observed facts, are the most accurate and the most useful if the matter later goes to court. Delay and opinion both weaken reliability. The notebook itself must be preserved, not copied onto a personal device.

Question 29Introduction to the Security Industry and the Role of the Security Professional

Which statement best describes contract security?

  1. Guards are volunteers supervised by local police
  2. Guards work for a security company that serves a client Correct answer.
  3. Guards are sworn peace officers assigned to a site
  4. Guards are employees of the client and report only to the client

Explanation

In contract security the guard is employed by a security services company that is paid to provide services to a client at the client's site. The guard answers to the employer while following the client's site rules and post orders. In-house guards, by contrast, are employed directly by the property holder.

Question 30Introduction to the Security Industry and the Role of the Security Professional

A guard on night patrol sees smoke coming from a mechanical room door. What is the best first action?

  1. Sound the alarm, alert occupants and call 911 Correct answer.
  2. Open the door to find the source of the smoke
  3. Shut down the building's main power supply
  4. Finish the patrol and report the smoke at the end of the shift

Explanation

Smoke indicates a possible fire, so the guard follows the emergency plan: raise the alarm, warn occupants, and call the fire service. Opening the door can feed oxygen to a fire and expose the guard to danger. Unauthorized power shutdowns can disable fire systems and lighting.

Question 31Introduction to the Security Industry and the Role of the Security Professional

During a patrol a guard finds a fire exit door propped open with a brick. The best response is to:

  1. secure the door, check the area, and report it Correct answer.
  2. leave it as is so the door is not damaged further
  3. prop it open wider to allow air into the stairwell
  4. wait until the end of shift and note it in the log

Explanation

A propped fire exit defeats access control and is a life-safety hazard, so the guard removes the obstruction, closes and secures the door, checks for anyone who may have entered, and reports the finding. Leaving it or delaying action allows unauthorized entry and breaches the fire plan.

Question 32Introduction to the Security Industry and the Role of the Security Professional

A guard recognizes a well-known athlete at the site and posts about it online. The main problem is that the guard:

  1. breached the site's uniform and dress policy
  2. failed to record the sighting in the patrol log
  3. disclosed job-related information without authorization Correct answer.
  4. failed to get an autograph for the client

Explanation

Information a guard learns through the job about people on the premises is confidential to the client and must not be shared publicly. Posting about a visitor is an unauthorized disclosure that can harm the person and the client relationship. Confidentiality obligations continue even after the shift ends.

Question 33Introduction to the Security Industry and the Role of the Security Professional

Police arrive and ask a guard what the guard saw during an incident. The guard should:

  1. hand over the original notebook and stop writing in it
  2. give an opinion about who was probably responsible
  3. provide factual observations and follow company policy Correct answer.
  4. refuse to answer until the client's lawyer arrives

Explanation

Guards cooperate with police by giving factual observations of what they saw and heard, while following employer policy on releasing records. Opinions about guilt are not the guard's role. Original notes are preserved so the guard can keep a complete, continuous record.

Question 34Introduction to the Security Industry and the Role of the Security Professional

A guard assigned to a warehouse sees a theft in progress at a store across the street. The most appropriate action is to:

  1. call 911 and report it, staying within the assigned site Correct answer.
  2. enter the store and arrest the suspect as a security officer
  3. ignore it because guards have no authority of any kind
  4. pursue the suspect because guards hold province-wide powers

Explanation

A guard's role is tied to the assigned site, so the professional response is to report the matter to police rather than abandon the post or act on another owner's property. Guards have no province-wide police powers. Leaving an assigned post also removes protection from the client's premises.

Question 35Introduction to the Security Industry and the Role of the Security Professional

A guard finds a window smashed and a trail of blood inside a closed business. The guard should:

  1. take photos and clean the glass before the manager arrives
  2. cordon off the area, touch nothing, and call police Correct answer.
  3. follow the trail to see where the intruder went
  4. mop up the blood so customers are not upset

Explanation

The area is a potential crime scene, so the guard secures it, avoids contaminating evidence, and contacts police. Cleaning or moving items destroys evidence such as blood, tool marks, and footwear impressions. Following a blood trail can also place the guard in danger from someone still on site.

Question 36Introduction to the Security Industry and the Role of the Security Professional

A journalist asks a guard at the scene of a fire to describe what happened. The guard should:

  1. give a full description since the public has a right to know
  2. decline politely and refer the reporter to the client Correct answer.
  3. guess at the cause so the reporter has something to print
  4. say nothing and walk away without a word

Explanation

Media inquiries are handled by the client or the employer's designated spokesperson, not by frontline guards. The guard stays polite and redirects the reporter. Speculating about a cause can spread misinformation and create liability.

Question 37Introduction to the Security Industry and the Role of the Security Professional

When calling an incident in over the radio, a guard should:

  1. give a detailed narrative beginning with the start of the shift
  2. state the location, the problem, and what help is needed Correct answer.
  3. wait for a quiet moment after dealing with the incident
  4. use code words the guard invents to save time

Explanation

Radio traffic must be brief and clear because others may need the channel urgently. The essential elements are where the guard is, what is happening, and what assistance is required. Invented codes and delayed reports cause confusion and delay response.

Question 38Introduction to the Security Industry and the Role of the Security Professional

A guard changes patrol routes and timing each shift. This is done mainly to:

  1. avoid meeting the same people twice
  2. comply with the insurer's documented round requirements
  3. keep offenders from predicting guard movements Correct answer.
  4. reduce the distance walked on each shift

Explanation

Predictable patrols let an offender choose a time and route that avoids the guard, so varying routes and intervals keeps the guard's presence unpredictable. The purpose is deterrence and detection, not convenience or paperwork.

Question 39Introduction to the Security Industry and the Role of the Security Professional

Why do provinces regulate security guards through licensing and required training?

  1. to reduce the number of licensed guards each year
  2. to improve standards and public confidence Correct answer.
  3. to remove the need for written post orders
  4. to give guards the same authority as police officers

Explanation

Licensing and training requirements exist to set a minimum standard of competence and conduct so the public can trust people who are given access to private premises and personal information. Regulation raises professionalism across the industry rather than limiting numbers or replacing site instructions.

Question 40Introduction to the Security Industry and the Role of the Security Professional

A client's manager asks a guard to track one employee's breaks and report who the employee talks to about the union. The guard should:

  1. comply, because the client is the guard's customer
  2. ask the employee directly why the manager is suspicious
  3. comply quietly but keep a personal copy of the notes
  4. decline and report the request through company channels Correct answer.

Explanation

A guard's duties concern protection of people and property, not covert monitoring of lawful employee activity such as union discussions. Complying would breach privacy obligations and the guard's professional boundaries. The proper step is to refuse and escalate the request to the employer.

Question 41The Canadian Legal System and Sources of Law

In Canada, the power to enact criminal law is vested in which body?

  1. the provincial legislatures, under section 92 of the Constitution Act, 1867
  2. the courts, through the development of the common law
  3. municipal councils acting under authority delegated by a province
  4. the federal Parliament, under section 91 of the Constitution Act, 1867 Correct answer.

Explanation

Section 91 of the Constitution Act, 1867 assigns criminal law and the procedure for criminal matters exclusively to the federal Parliament. Provincial legislatures may create penal offences to enforce valid provincial schemes, but the general criminal law is federal. Courts apply criminal law but do not enact it.

Question 42The Canadian Legal System and Sources of Law

Which court is the final court of appeal for all Canadian courts?

  1. the Court of Appeal of the province where the case began
  2. the Federal Court of Appeal
  3. the Judicial Committee of the Privy Council
  4. the Supreme Court of Canada Correct answer.

Explanation

The Supreme Court of Canada is the highest court in the country and hears final appeals from provincial courts of appeal and from the Federal Court of Appeal. Its decisions bind every court in Canada. General appeals to the Judicial Committee of the Privy Council were abolished in 1949.

Question 43The Canadian Legal System and Sources of Law

The body of law built up from the decisions of judges, rather than from statutes, is known as what?

  1. the common law Correct answer.
  2. equity
  3. delegated legislation
  4. the civil law

Explanation

The common law is the body of rules derived from decided cases, which courts apply and develop through the doctrine of precedent. It operates alongside, and is often amended by, statute law. Equity and the civil law are distinct systems or branches of law.

Question 44The Canadian Legal System and Sources of Law

The principle requiring a court to follow the decisions of higher courts within the same hierarchy is called what?

  1. res judicata
  2. habeas corpus
  3. stare decisis Correct answer.
  4. ultra vires

Explanation

Stare decisis, meaning to stand by things decided, obliges a court to apply the ratio of decisions from courts above it in its own hierarchy. It provides certainty and consistency in the law. The other terms describe different legal concepts.

Question 45The Canadian Legal System and Sources of Law

The Canadian Charter of Rights and Freedoms became part of the Constitution of Canada in which year?

  1. 1992
  2. 1960
  3. 1867
  4. 1982 Correct answer.

Explanation

The Charter was entrenched by the Constitution Act, 1982, which also contained the amending formula and the recognition of Aboriginal and treaty rights in section 35. Before 1982, rights protections rested mainly on statute and the common law.

Question 46The Canadian Legal System and Sources of Law

In Alberta, which court is the superior trial court with jurisdiction over the most serious indictable offences, such as murder?

  1. the Provincial Court of Alberta
  2. the Court of King's Bench of Alberta Correct answer.
  3. the Alberta Court of Appeal
  4. the Federal Court of Canada

Explanation

The Court of King's Bench of Alberta is the superior court of record for the province and tries the most serious indictable offences, including murder, as well as major civil claims. The Provincial Court handles less serious matters, while the Court of Appeal hears appeals.

Question 47The Canadian Legal System and Sources of Law

A bill passed by the Alberta Legislature becomes law when it receives which of the following?

  1. royal assent Correct answer.
  2. a favourable opinion from the Alberta Court of Appeal
  3. a proclamation issued by the Premier
  4. approval by the federal Governor General

Explanation

A bill that has passed all readings and third reading becomes an Act once it receives royal assent, given provincially by the Lieutenant Governor. Royal assent is the formal Crown approval required before any bill becomes law.

Question 48The Canadian Legal System and Sources of Law

Alberta municipalities obtain their authority to pass bylaws from which source?

  1. the royal prerogative of the Crown
  2. the common law of England
  3. section 92 of the Constitution Act, 1867
  4. delegated authority granted by the provincial legislature Correct answer.

Explanation

Municipalities are creatures of provincial statute and exercise only the powers the province delegates to them, in Alberta chiefly through the Municipal Government Act. A bylaw that exceeds the delegated authority is ultra vires and invalid.

Question 49The Canadian Legal System and Sources of Law

Alberta enacts a statute setting routes, rates and safety standards for trucks carrying goods between Alberta and British Columbia. That statute is most likely which of the following?

  1. valid, because the trucks travel on roads located in Alberta
  2. valid, because road transportation is a matter of local concern
  3. invalid, because only municipalities may regulate traffic
  4. ultra vires, because it regulates an interprovincial undertaking Correct answer.

Explanation

Section 92(10)(a) of the Constitution Act, 1867 places interprovincial transportation and communication undertakings under federal jurisdiction. A province cannot regulate the core of such an undertaking merely because part of its route lies within the province. The law would therefore be ultra vires the province.

Question 50The Canadian Legal System and Sources of Law

A valid federal statute and a valid provincial statute both apply to the same activity, and complying with one would necessarily breach the other. What is the result?

  1. the matter is referred to the Governor General for decision
  2. the provincial statute prevails because it deals with a local matter
  3. both statutes are struck down as unconstitutional
  4. the federal statute prevails to the extent of the conflict Correct answer.

Explanation

Under the doctrine of federal paramountcy, where valid federal and provincial laws conflict, the provincial law is rendered inoperative to the extent of the inconsistency. The provincial law remains valid but suspended in its conflicting operation. Only the conflicting portion is affected.