Bill 75 (Legislature 14, Session 5)

L14 S5 1814

Alberta — Bills

No. 75 5th Session, 14th Legislature, Alberta 11 Elizabeth II BILL 75 A Bill to amend The Public Welfare Act HON. MR. HALMRAST Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1963

Explanatory Note

Section 3 presently reads: "3. The Mini,s,ter o.ut o.f tl}e moneys appro.PIliated by the Legislature fo.r the purpo.se may provide ffia.tel'Lalaid o.r o.ther assis,tance. fo.r a destitute perso.n who. is a transient person o.r a res,ident o.f the Pro.Vlllce.". The amendment will enable immediate assistance to be given to people in need at a time when questions may exist as to the form of assistance they are entitled to.

Section 2,8, subsection (1) is amended in conjunction with the amendments being made to

section 2:9 by clause 4 of this Bill.

Section 28, subsection (1), clause (

c) reads: "28.

(1) Neither the municipality nor the Dep3!l'tment is under an obligation to p~ovide or to c'o'ntinue to. pro.vide materirul aid to a person representing himself to. be a destitute emplo.yable person when such person (

c) haJs refused to perform any une.mpll:oyment reUef wQrk in the municipi3;Uty, o.r".

Section 29 presently reads: "29.

(1) A destitute employ,able pers'on who has applied for or is in receipt of a,ny mruterial aid fI'lom the munidipru'iJty o.r from the Depart ment may be required edther (a) 1:10. perfo.rm unemployment reUef work in a munidpaUty, 'Or (

b) to. give an under'taking ;to the municipality Qr the Department to rep.ay the 1:Iotal value of the mlruteI1m aid provided fur h!ims'elf and his dependants.

(2) In exer'Cising any power under this sec'tion a munidpality Qr the Depalltment shall give spe,cial conside.l'atio.nto. pel'SQns wh'0 served an World W,ar I or WQ·I11d War II rus members of the Canadian a'l'm'ed fo.rces 'Or in military o.r navaI forces of Great Britain '0r any of her Allies.

(3) If a person referred to. in subsedion (2) is required to. perfot'Ill any unemployment relief wo.rk, that person shall not be required to. be empl!o.yed therein f'0r more t!oon forty hours in any period Qf Qne month.

(4) If a municip'ality requires a resi,dent who is a recipient of material aid to. perform any work or service that is not unempilJo.yme,nt relief wo.rk, the municipaJlity shall forthwi,th remove the recipient's name from their lislts as a recipient o.f materi,al aid and shall pay him wages for the work dQne.

(5) If a municip'aldrt:y requdll'e,s a peI'lSQn in recelipt Qf mart:eria'l a..id lhlli;ng within its cOl'PQrate boundaries to. perform unemployment relief work and that peI1son 1S a resident o.f S'0me o.ther munic.ipality, the first mentio.ned municipality ,S'han secure authority for the Qrdering -of the work or service from the municipality of which the recipient is a resident." .

BILL No. 75 of 1963

An Act to a,mend The Pulblic Welfare Act (Assented to , 1963) HER MAJ~,sT!, by and with the advice. and consent of the LegIslatIve Assembly of the ProvInce of Alberta, enacts as follows: 1. The Public Welfare Act, being

chapter 268 of the Revised Statutes, is hereby amended.

Section 3 is amended by adding immediately at the end thereof the words "or a person who is in need of immediate or urgent assistance". 3,.

Section 28, subsection (1) is amended by adding the word "or" at the end of clause (

b) and by striking out clause (c).

Section 29 is struck out and the following

section is substituted: 29. A destitute employable person who has applied for or is in receipt of any material aid from a municipality or from the Department may be required to give an undertak ing to the municipality or the Department to repay the total value of the material aid provided for himself and his dependants.

Section 44, clause (

b) presently reads: "(b) "dependant", witb resp'ect to any person, means Ms spouse and incLudes any child who is dependent upon him for suppor.t and who (

i) is not over the age of sixteen year:s, or (U) ,is seventeen years of age but a'ttends school and is making satisfactory progress;". The amendment will ena:ble a social allowance to be paid to per sons over 17 to ena:ble them to fini>sh high school. 6. A new seotion is added giving the Province a right to pl:ace a charge on land where social allowance is provided to meet pay ments on a mortgage or an agreement for sale. 7. Form of caveat forbidding registrati'on provided by the new

section 48a.

Section 44, clause (

b) is amended by striking out sub clause (ii) and by substituting the following: (ii) is over sixteen but under nineteen years of age and who attends school and is making satisfactory progress; 6. The following

section is added immediately after sec tion 48: 48a.

(1) Where a social allowance is provided to meet the payments of a land mortgage or an agreement for the sale of land the Minister may cause a caveat in Form A in the

Schedule to he registered in the land titles office against the certificate of title for the land.

(2) On the registration of the caveat the Minister has a charge on the land equal to the amount of the payments made both before and after the registration of the caveat.

(3) On receiving the caveat the Registrar shall send a notice of the caveat to (

a) the mortgagee, where the payments are made for a mortgage, or (

b) the registered owner, where the payments are made under an agreement for sale.

(4) A transfer of a mortgage or an assignment of an agreement for sale either in whole or in part, or any other arrangement or agreement concerning a mortgage or an agreement for sale on which payments have been made as mentioned in subsection (1) is of no effect without the written consent of the Minister.

(5) No caveat registered pursuant to this

section shall be cancelled or withdrawn except by the Minister's request to withdraw the caveat. (6 ) No fees are paYaJble to the Registrar for the registra tion or withdrawal of a caveat under this section.

(7) The Minister may waive the rights given by this section, in whole or in part, for the purpose of any pro ceedings or for any other reason he thinks is proper. 7. The following

Schedule is added immediately after

section 52:

SCHEDULE FORM A (Section 48a) CAVgAT FORBIDDING REGISTRATION To the Registrar of the District. Alberta Land Registration Take notice that the Minister of Public Welfare for the Province of A~berta, claims an interest to advances made

3. 8. Commencement of· Act.

3 and to be made under

section 48a of The Public Welfare Act in (give description of land and title number) standing in the name of and I forbid the registration of any person as transferee or owner of, or of any instrument affecting the said estate or interest unless the instrument or certificate, as the case may be, is expressed to be subject to the said claim. I appoint the Department of Public Welfare, of Alberta, Edmonton, Alberta, as the place at which notices and pro ceedings relating hereto may be served. Dated this day of , 19 Minister of Public Welfare or Agent of the Ministe1'. 8. This Act comes into force on the day upon which it is assented to.

No. 75 FIFTH SESSION FOURTEENTH LEGISLATURE 11 ELIZABETH II 1963 BILL

An Act to amend The Public Welfare Act Received and read the First time ......................................... . Second time ..................................... . Third Time .......................... . HON. MR. HALMRAST Title: 1963 (14th, 5th) Bill 75,

An Act to amend The Public Welfare Act

Document details

Collection	Alberta — Bills
Citation	L14 S5 1814
Type	bill
Volume / chapter	L14 S5 1814
Language	en
Format	json
Source	PROVINCIAL
Identifier	2b8ed4472ace1b9c438a1885c9b0376673657306

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