Bill 42 — Second Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 42 the Senior Citize'Ns Housing Statutes Amendment Act, 1973 (Legislature 17, Session 2)

L17 S2 5176

Alberta — Bills

1973 Bill 42 Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 42 The Senior Citize'ns Housing Statutes Amendment Act, 1973 THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT First Reading Second Reading . Third Reading .. Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 42 BILL 42 1973 THE SENIOR CITIZENS HOUSING STATUTES AMENDMENT ACT, 1973 (Assented to , 1973) HER MAJESTY, by and with the adV1ice and consent of the Legislativ€ Assembly of Alberta, enacts as foUows:

PART 1 THE HOMES FOR THE AGED ACT 1. The Homes fo'r the Aged Act is amended by this Part. 2. The title of the. Act is struck out and the following is substUuted: THE SENIOR CITIZENS HOUSING ACT

Section 1 is struck out.

Section 2 is amended. (

a) by striking out clauses (a), (al) and (

b) and by substituting the following: (a) "contracting municipality" means a munici pality that has entered into a master agreement under this Aot; (b) "Corporation" means the Alberta Housing Cor poration under The Alberta Housing Act; (

b) as to clause (

e) by striking out, the words "elderly persons" a,ncl by substituting the words "senior citizens" , (

c) by striking out clause (

g) and by substituting the following: (g) "Minister" means the member of the Executive Council charged with the administration of The Alberta Housing Act; (

d) as to clause (

j) by striking out the words "low rental housing",

Explanatory Notes General. The Bill will provide the means by which the Govern ment will be able to carry forward its "Senior Citizens Housmg Policy". In general, the new policy will enaJble the Government to provide a senior citizens housing program that will be flexible enough Ito a1low for a full range of housing - whether large or small lodges or otherwiJSe, new or renovated. The Alberta Housing Corporation will play the major role in designing and financing arrangements. I. This Part will amend

chapter 171 of the Revised Statutes of Alberta 1970. 2. The title of The Homes for the Aged Act is amended. 3. The shorit title is struck out as unnecessary.

Section 2, clauses (a), (al), (b), (e), (g), (

j) and (

k) presently read: (a) "Commission" means The Alberta Hospital Services Commission; (al) "Cio,ntracting municipality" means a municipality that has' en tered into a master agreement under ,this Act; (b) "eJderly person" means a pers'on of advanced years who is not suffering from any chronic diseas'e that incapacitates him; (e) "home" means a home for the use of elderly persons not capa ble of maintaining or not desiring to maintain their own housing accommodation; (g) "Minister" means the member of ,the Executive Council charged with the administration of The Hospital Services Commission Act; (j) "project" means the acquisition of land for. and the construction of, a low rental hous'ing unit or home in a munidpality pusuant to ,this Act; (k) "unit" means a low rental housing unit for the use of elderly persuns capable of maintaining their own housing accommoda tion.

(

e) by slt'iking out clause (

k) and by substituting the following: (k) "senior citizen" means a person of advanced years who is not suffering from any chronic disease that incapacitates him; (1) "unit" means a self-contained housing unit for the use of senior citizens capable of Inaintain iug their own housing laccommodati'On. 5. The word "C'Omm,ission" is struck out wherever it occurs in the following provisions and the wOTd "Corpora tion" is substituted therefor: secti'On 4, subsection (1) and subsection (2), claus'e (f); s'ection 9, clause (a), suhclause (i);

section 11, subsection (1), clause (c1).

Section 3 is struck out.

Section 4 is amended (

a) as tol subsection (1), by striking out the words "elderly residents" and by substituting the words "senior citizens", (

b) as to subsection (2), by adding the word "and" at the end of clause (

f) and by striking out clause (g), (

c) by adding the following subsection after subsection (2): .

(3) Any master agreement entered into before the commencement of this suhsection and in effect at that time shall be deemed to be amended so that the Corporation is a pa,rty to the agreement in the place of the Minister of Public Welfare, the Minis ter of Social Development or The Alberta Hospital Services Commission, as the case may be, and any reference in the agreement to the JYIinister of Public Welfare, the Minister of Social Development or The Alberta Hospital Services Commissi'On shall be read as a reference to the Corporation. 8. The fOllowirW

section is added after

section 4: 4.1 Where the COTlporation and 'a majority of the con tracting municipalities under a master agreement have ex ecuted an agreement to amend the master agreement to pro vide for the undertaking of a new proj ect 'Or the alteration, extension or replacement of existing homes or units, the amending agreement is binding on all parties to the master agreement and the f'Oundation notwithstanding that the other contraCiting munieipalities neglect or refuse to execute the amending agreement. 2

5. The effect of ,the amendment is to. transfer the administratio.n o.f the Act fro.m the Minister o.f Health and So.cial Develo.pment and The Alber,ta Hospital Services Co.mmission to' the Minister o.f Municipal Affairs, who. also. administers The Alberta Ho.using Act. 6. Sectio.n 3 reads: 3. The purpose of this Act is to provide a means whereby low rental housing units and homes f.or the elderly persons of the Province may be made available in or to the municipalities oOf the Province, and for the a.ccomplishment of this purpose to provide (

a) for the execution of agreements between the Minister and municipaUties, (

b) for the acquisition and development of land for homes and low rental hoOusing units, (

c) for the construction, maintenance and operation of . homes and Low rental housing units·, and (

d) for the creation and ,constitution of Iocal bodies to operate homes and units on behalf of the parties to a master agreement. Ln view o.f the expanded ho.using policy co.ntemplated by this Bill, sectio.n 3 Wo.uld be o.bso.lete. The section, in any event, is re mo.ved as being legally unnecessary to. the legislative scheme o.f the Act. 7. Sectio.n 4(2.) (

g) presently reads:

(2) The master agreement may provide foOr (g) .the fixing of rentals for units or rate,s for accommodaUon in homes operated by the foundation, and Rentals fo.r all types o.lf senio.r citizens ho.using under this Act will be fixed by regulaJtio.ns of the Lieutenant Go.verno.r in Co.uncil. See the amendment to. sectio.n 11 o.f the Ac,t in this Bill. The new subsectio.n (3) will re,sult in The Alberta Ho.using Cor poration beco.ming a party to. existing mas,ter agreements in place of the o.riginal pa'rties aoting fo.r the Cro.wn. See also. ,the amend ment to. sectio.n 219 o.f The Hospital Services Commissio.n Ad in sectio.n 116 of this Bill. 8. Self-explanatory. 2

.9. S echon 11 ,is a'mended (

a) as to subsection (1) by adding the fo Uowing clause after clause (cl): (c2) fixing the maximum rentals of units and max imum rates of accommodation in homes that may be charged by foundations or the persons who operate homes o.r units pursuant to

section 15; (

b) as to> subsection. (2), by striking 01lt the word "Commissi'Dn" wherever it occurs and by substitu ting the word "Minister".

Section 12, subsection (2) is amended by striking out the word.') "elderly persons" where'ver they occur and by substituting the words "senior citizens". 11. The following

section is added after

section 14: 15.

(1) The Alberta Housing Corporation may, in ac cordance with this section, undefltake and carry to com pletion proj ects for (

a) the construction of homes 'Or units for senior citi zens 'Other than single-family detached dwellings, or (

b) the renovation of buildings or premises f'Or use as h'Dmes 'Or units for senior citizens other than single family detached dwellings.

(2) For the purpos'es 'Of this section, the Corporation may (

a) acquire, lease, develop and assemble land; (

b) design hornES or units to be constructed or reno vated; (

c) acquire, lease, improve 'Or convert existing build ings; (

d) borrow money required by it for a proj ect ; (

e) grant a lease of the project to a non-profit organiz ation; (

f) enter into an operating agreem'ent in respect of the project with a non-profit o,rganization; (

g) do any act for the purpose of carrying out its 'Obli gations under a lease or operating agreement under this secti'Dn; (

h) slell, lease Dr dis,pDse of any land acquired by it under this

section if an operating agreem'ent under this

section is not entered into or is no longer in effect; 3

9. Sec,tion 11 (1) empowers the Lieutenant Governor in Council to make regulations. The new clause (c2) will result in regulations fixing rentals and raltes in all senior citizens homes and units operated under this Act. Subsection (2) provides for regulations for the Jicensing of homes and units. The amendment will transfer responsibility for the licensing administration to the Minister of Municipal Mfairs. No regulations are yet in fOl'lee under tW,S subsection. 10. Consequential upon the enactment of the new

definitions in

section 2: see

section 4 of this Bill. II. The new

section 115 enables !the Alberta Housing Corpora tion to undertake projects to provide housing of 'any kind for senior citizens except for single-family detached dweLlings. 3

(

i) administer, n1anage and maintain a project con structed or renovated under this

section if there is no lease 'Or operating agreement under this

section in effect in respect of that project.

(3) An operating agreement referred to in subsection (2), clause (f) (

a) shall, in the case of units, be fDr a term that is sufficiently long to enable the Corporation to re cover all of i,ts costs (less the amounts of any grants made by the Oorpo:ration in respect of the units) from ,the moneys payable under the agreement to it; (

b) shall, in the case of units, provide for the monthly annual Dr other periodic payment of amounts which, over the term of the operating agreement, will be sufficient in the aggregate (

i) to enable the Corporation to recover at least all of its oosts incurred in connection with projects less the amounts of any gra'nts made by the Corporation in respect of the units, and Oi) to enable the CorpDration to replace depreci ated furnishings and equipment originally supplied by it; (

c) shall be conditional upon the completi'On of the con struction or renovation 'Of the project by the Cor poration; (

d) in the case of a home, shall require that the pay ment to the Corporation 'Of all payments under the agreement defined as or attributable to operating costs he guaranteed by the lTIunicipality in which the project ,is locatEd or by any other guarantor acceptable to the Corporation; (

e) in the case of a unit, shall require that the payment of all amounts payable under the agreement to the Corporation be guaranteed by the municipality in which Ithe proj ect is located or by any other guar antor acceptable to the Corporation; (

f) shall provide for the obligations of the operator under the agreement i.n connection with the opera tion, management and Llaintenance of the project so constructed or renovated and for the supplying by the operator of additional furnishings and equipment.

(4) Where the Corporation grants a lease pursuant to su bsection (2), cIa use (e), the operating agreement (

a) shall be entered into with the lessee under that lease, and 4

(

b) the operating agreement may be incDrpDrated into. the lease, in which case the amDunts referred to. in subsectiDn (3), clause (

b) may be expressed to. be payable and recoverable as rent.

(5) In this sectiDn "nDn-prDfit organizatiDn" means a municipality, a fDundation Dr an DrganizatiDn 00nstiimted exclusively fDr charitable Dr benevolent purposes, no. part of the incDme Df which is payable to. Dr otherwise available fDr the persDnal benefit Df any member Df the DrganizatiDn.

PART 2 THE ALBERTA HOUSING ACT 12. The Alberta Housing Act is amended by this Part. 13. Seeton 20 is amended by adding the following sub sections after subsection (2):

(3) Subject to subsectiDns (4) and (5), the CDrpDratiDn Dr any other person who. Dperates a pubUc hDusing prDject undertaken by the CorpDration af,ter the CDmmencement Df this subsectiDn shall operate that prDject in such a manner that at least 10 per cent of the space intended for living accDmmDdatiDn in that prDject is made available fDr leasing to. seniDr citizens.

(4) The Minister may waive Dr reduce the requirements of subsectiDn (3) in respect of any pub1ire housing prDject fDr such periDd of time as he may prescribe where he is satisfied that the CDI1)Dration or person 'Operating the pro ject has reDmplied with that subsectiDn but no. seni'0r citizens are then a.pplying to. rent are,cO'mmDdartion in tha.t pr'0ject.

(5) The Minister may waive the r'equirements 'Of sub section (3) in respect Df any prDp'0sed public hDusing pro ject befDre it is undertaken fDr such periDd Df time as he 11lay prescribe but the waiver may Dnly be given if (

a) a survey satisfaotDry to. the Minister has been taken to. determine the potential number Df seniDr citiz'ens who nlight reasDnably be expected to' apply for accDmmodation in the project when it opens, and (

b) Dn the basjs Df that survey, the Minis,ter is satisfied that no. senior citizens or relatively few seniDr citizens are likely to apply to. rent accDmmDdatiDn in that project before such accDmmDdatiDn is avail able.

Section 24, subsection (4), clause (

b) is amended by striking o'q],t the words ((The Homes for the Aged Act" and 5

12. This Part will amend

chapter 175 of the Revised Statutes of Alber,ta 1'970.

Section 20 presently reads: 20,

(1) T'he Corporation or a municipality with the appI'loval of the Corporation may undertake, carry to completion, maintain, operate, and lease or sell a public housing projeot.

(2) For the purposes' of this secUon, the Corporation or a muntcipality with the approval of the Corporation may (

a) acquire and develop land for public housing projects, (

b) construct public housing projects, (

c) acquil'e, impI10ve and convert existing buildings frOr a public housing project, and (

d) enter into agreements for the development or management of pubUc hous'ing projects, and may exercise any other power to do any other thing that may be required to be exercised or done for the purpose of a project. 14. Consequential. See

section 2 of this Bill. 5

by substituting the words "The Senior Citizens Housing Act".

PART 3 RELATED AMENDMENTS TO OTHER ACTS The Department of Health and Sodal Development Act 15. The Department of Health and Social Development Act is amended as to

section 12, subsection (1) by striking out the words "The Homes for the Aged Act" whereve.r they occur and by substituting the words "The Senior Citizens Housil1,g Act". The Hospital Services Commission Ad 16. The Hospita,l Services Com1nission Act is amended (

a) as to

section 1, s'ubsection (1), clause (

c) by strik ing out the words "The Homes for the Aged Act" and by substituting the words "The Senio'r Citizens Housing Act", (

b) as to

section 2.9, subsection (1), clause (

a) by strik 'ing out the words "The Homes for the Aged Act". The Municipal Government Act 17. The Municipal Government Act is amended as to

section 128.1 by renu1nbering the

section as subsection (1) and by adding the following subsections:

(2) Subject to subsections (3) and (4), the council or any hous'ing authority or municipal officer operating and maintaining a public housing proj ect under this

section shall operate and maintain that project in such a manner that at least 10 per eent of the slpace intended for living accommodation in that project is made availabl'e for leasing to senior citizens (as defined in The Senior Citizens Hous ing Act).

(3) The Minister may waive or reduce the requirements of subsection (2) in respect of any public housing project under this

section for s'Uch period 'Of time as he may pre scribe where he is satisfied that the council or the housing authority of municipal officer operating and maintaining the project has complied with that subsection but no senior citizens are then applying to rent accommodation in that project.

(4) The Minister may waive the requirements of sub section (2) in respect of any proposed public housing pro- 6

15. This

section will amend chapteT 25 of the Statutes of Alberta, 1971. See

section 2 of this BilL 16. This

section amends

chapter 45 of the Startutes of Alberta, 1971. The amendment to

section 1 is a consequence of the name change in

section 2, of this Bill.

Section 2,9 was a transitional pro vision which resulted in the transfer of the administration of The Homes :for the Aged Act among others Ito The Alberta Hosp~tal Services Commission. The amendment to

section 29 ~s a conse quence of the transfer of administro)tion under this Bill: see sections 4, 5 and 7 of this Bill. 17. This

section amends

chapter 2,46 of the Revised Statutes of Alberta

Section 128.1 presently reads: 128.1 A council may operate and maintain a public housing project and m~>y delegate (a) ,to a housing authority es,tablished under

section 41 of The Alberta Housing Act, or (

b) where no housing authority is established, to a municipal officer the power to operate and maintain a public housing project including the power to enter into leases. 6

ject before it has been undertaken for such period of time as he may prescribe but the waiv-::r may only be given if (

a) a survey satisfactory to th~ IVlinister has been taken to determine the potential number of senior citizens who n1,ight reasonably be expected to apply for accommodation in the project when it opens, and (

b) on the basis of that survey, the Minister is satis fied that no senior citizens or relatively few senior citizens a1 1 e likely to apply to rent accommodation in that project before such accommodation is avail able.

PART 4 COMMENCEMENT 18. This Act comes into force on the day upon which it is assented to. 7 Title: 1973 (17th, 2nd) Bill 42, The Senior Citizens Housing Statutes Amendment Act, 1973

Document details

Collection	Alberta — Bills
Citation	L17 S2 5176
Type	bill
Volume / chapter	L17 S2 5176
Language	en
Format	json
Source	PROVINCIAL
Identifier	1746e69a904f746d1524516537ad94dfc99c15dc

Source file is stored in the law ingest library (json).