Bill 31 (Legislature 10, Session 1)

L10 S1 7554

Alberta — Bills

Bill No. 31 of 1945. A BILL RESPECTING HOMES FOR AGED OR INFIRM PERSONS. NOTE. This Bill provides for the licensing of homes for the aged or infirm persons defined as a house or other building where three or more of such pe'rsons 'are kept for compensation.

Section 3 of the Bill sets out rules to determine the resi dence of old or infirm persons for the purpose of deciding when a municipality i,s entitled to a grant under

section

Section 4 authorizes municipalities to pass by-laws licens ing homes and also by-laws providing for the erection or purchase of a home by the municipality and to borrow money for such a purpose. The operation of a home without a license is prohibited by sections 5 and 6. Sections 7, 8 and 9 prescribe the method of application for a license and the contents of the license.

Section 10 gives a council a discretion to grant, refuse or cancel a license.

Section 12 authorizes the Minister to pay grants to muni cipalities which have placed old or infirm residents in a licensed home and contribute to their support there. The grant with respect to anyone person is not to exceed one half of the amount paid by the municipality f.or his support.

Section 13 deals with the standards of accommodation, etc., required to be m,aintained in licensed homes to entitle a municipality to la grant and authorizes the Minister to cancel a grant when the standards are not complied with.

Section 14 authorizes the council to make regulations as to the conduct of a home, etc.

Section 15 is the penalty clause. W. S. GRAY, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 31 of 1945.

An Act Respecting Homes f.or Aged or Infirm Persons. (Assented to , 1945.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be <Cited as "The Home for Aged or Infirm Act." 2.

In this Act, unless the context otherwise requires,- (a) "Council" means in the case of an improvement district, the Minister of Municipal Affairs, and in the ,case of a special area, the Minister of Lands and Mines, and in the case of a municipality, the muni cipal -council; (b) "Home for the aged or infirm" and "Home" mean a house or other building where three or more aged or infirm persons are kept for compensation; (c) "Minister" means the Minister of Public Welfare; (d) "Municipality" means a city, town, village, municipal district, improvement district or special area. 3.

In order to determine whether or not any person is a resident of a municipality for the purpose of this Act, the following rules of

interpretation shall be applied: (

a) Any person who, on the date of his admission to a home, has then resided within the boundaries of a municipality without assistance from public funds for twelve months out of the twenty-four months immedi ately preceding the date of his admission, shall be deemed to be a resident of such municipality; (

b) Any person who on the date of his admission to a home has not resided for twelve months out of the pre-ceding twenty-four months within the boundaries of any municipality, but has resided or has been a sojourner within the boundaries of a municipality, without assistance from public funds, for at least three consecutive months out of the twenty-four months immediately preceding the d'ate of his admis sion, shall be deemed to be a resident of the munici pality within which he has last so resided;

(0) Any person who on the date of his admission to a home, is in receipt of assistance from public funds, or has been in receipt of such assistance at any time

2 within the preceding twelve m'Onths, shall be deemed to be a resident of the municipality liable for the pay ment of su.ch assistance. Provided, however, that assistanee given under the provi sions of The Mothers' Allowance Act, The Workmen's Com pensation Act or The Old Age Pensions Act, or assistance in the f'Orm of a pensi'On or allowance for. services performed shall not be deemed assistance from public funds within the meaning of this Act. 4. Notwithstanding the provisions of lany other Act, the council of any municipality may pass by-laws,- (

a) licensing, regulating and controlling homes for the aged or infirm; (

b) providing for the erection or purchase ·of a house or other building to be used as a home for aged or infirm persons and providing for the furnishing and equip ment thereof and for the payment of the cost of purchase or constructi'On and operation out of the revenues of the municipality or by borrowing on debentures or otherwise howsoever upon such terms as to the council may seem proper, and it shall not be necessary for the council to submit any such by-law to the burgesses or proprietary electors of the munici pality for their assent. 5.

No person shall operate a home for the aged or infirm unless and until he has obtained a license authorizing him so to do from the council of the municipaJity in which the home is situated. 6. Any person operating a home for ag·ed 'Or infirm persons at the date of the coming into force of a by-law requiring a license to operate a home, shall discontinue its operation within one month after that date unless he has in the meantime obtained a license to operate the home. 7.

Application for a license hereunder shall be made to the council of the municipality in which the home is situated, shall be in writing, shall include a full description of the premises proposed to be used as a home, and shall indicate the number of persons which it is proposed to accommodate in the home. 8. The application shall be accompanied by a license fee fixed in the by-law of the municipality, which f.ee shall be returned to the applicant in the event of the application being refused. 9.

Each license shall state the maximum number of persons to be accommodated in the home and shall continue in force unless sooner cancelled or suspended until the firlst day of January next following the date of its issue.

3 10. The c'Ouncil of a municipality m,ay, in its discretion, refuse t'O grant any applic'ation for a license, and may in its discretion, .cancel or suspend any license already granted. 11. Each home licensed pursuant to the provisions of this Act shall keep or cause to be kept such books and records and in such form as may be prescribed fr'Om time to time by the council, and the premises 'Occupied as a home 'and all b'Ooks and records kept in c'Onnection therewith, shall at all times be open for inspection by any officer appointed by the Min ister or by the council f'Or the purpose. 1.2.

In any case where a muni<Cipality has assumed the obligati'On of assisting any aged 'Or infirm person who is a resident 'Of the municipality and has placed such person in a licensed home or in a home opeTated by the municipality and has contributed to his supp'Ort there, the Minister shall pay to the municipality out of moneys appr'Opriated for the pur p'Ose by the Legisl'ature, a grant in respect of each person approved by him and who has been admitted to a home and provided for therein under the aforesaid circumstances, and the MinisiJe'r may make regulations respecting the method and time of payment of grants ,and the am'Ounts of the grants.

Provided, however, that in no case shall the t'Otal amount of grant giv,en to a municipality with respect to anyone pers'On e~ceed 'One-half of the amount paid by the muni cipality for his support. 13.

No gr,ant shall be paid to a municipality in respect to any pers'On kept in premises that do not come up to the standards set 'Or approved by the Minister in regard to pati'ents' accommodation, boarding facilities, sanitation, toilet accommodation, bathing facilities, fire protection and generally such m,atters as are related to the proper care of aged or infirm persons, and the Minister may at any time cancel or suspend payment of the grant with respect to any hQme upon being satisfied that the conditions in the home and in its conduct are unsatisfactory, and may restore the payment of the gr,ant upon being satisfied the unsatisfactory conditions have been remedied. 14.

The Council may make regulati'Ons,- (

a) respecting the management, maintenance and opera tion of and accommodation in hQmes for the aged 'Or infirm; (

b) prescribing the books and records to be kept by the person operating a h'Ome; (

c) providing for the inspecti'On of hQmes licensed under this Act either on behalf 'Of the Minister or on behalf of the municipality. 15. Any person vi'Ollating any of the provisi'Ons of this Act shall be guilty of an offence and liable on

summary convic-

4 tion to a fine of not more than twenty-five dollars and costs, or in default of payment to imprisonm·ent for a term of not more than thirty days. 16. This Act shall come into force on the day upon which it is assented to.

No. 31. FIRST SESSION TENTH LEGISLATURE 9 GEORGE VI 1945 BILL

An Act Respe:cting Homes for Aged or Infirm Persons. Recei ved and read the First time ........................................ . Second time .................. . Third time ....................................... . HON. DR. CROSS. EDMONTON: A. Shnitka, King's Printer 1945 Title: 1945 (10th, 1st) Bill 31,

An Act Respecting Homes for Aged or Infirm Persons

Document details

Collection	Alberta — Bills
Citation	L10 S1 7554
Type	bill
Volume / chapter	L10 S1 7554
Language	en
Format	json
Source	PROVINCIAL
Identifier	043685f36ab114f2135747c3e34f23bcca58dc91

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