...recently my boyfriend and I got told that I need to move out and I don’t want to go home ( my mom and I are good now but I have problems there still) if I move out to a place with my boyfriend on our own then will that be considered that I need to apply for independent living? Or am I okay to do that since the legal age to move out is 16 in Canada? I just don’t want any legal problems because I have had one thing after the next for me lately I just can’t handle this right now
Responses (2)
In Alberta, the law says that you need to have a legal guardian (someone who is responsible for you and has the right to make decisions about and for you) until you turn 18. Quebec is the only province or territory in Canada that has emancipation (being legally responsible for yourself before you turn 18).
However, many youth find themselves in situations in which they need to be able to make their own decisions and can’t rely on a parent or guardian. Several organizations in Alberta have recognized that youth under 18 sometimes need to make their own legal decisions or leave home.
Examples:
Medical decisions
When healthcare and medical decisions about you need to be made, in some situations you can get what is called “mature minor” status and then you and your medical service provider (doctor, dentist, etc.) can make decisions about your healthcare together without your parents or guardians. (Hyperlink #192 “I want to make medical decisions without the consent of my parent(s) or guardian(s). What is ‘mature minor’ status?”)
School decisions
Another example is “Independent Student Status” which means you can be responsible for making your own decisions about your education and sign your own school forms. (Hyperlink #278 “What difference does it make if I am classified as an independent student?”)
Housing
Legally, if you are a minor, once you turn 16 you are allowed to enter into a contract (a rental lease) for accommodations – because it has been determined to be a necessary of life. Landlords and rental companies are often reluctant to rent to a minor, so you want to be able to show that you’ll be responsible and a good tenant. After signing a lease, you will also become bound by its terms – so make sure you understand everything before you sign, or ask for someone’s advice before you sign.
If you’re struggling and feel the need to leave home and become legally responsible for yourself, or if you’re under 18 and living on your own, please contact CLERC at (403) 207-9029 or use the “ask a lawyer” part of our website. You can contact us confidentially to discuss your situation and specific options.