1981 BILL 214 Third Session, 19th Legislature, 30 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 214 THE HOME ENERGY CONSERVATION ACT MR. COOK First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1981 (19th, 3rd) Bill 214, The Home Energy Conservation Act

Bill 214 Mr. Cook BILL 214 1981 THE HOME ENERGY CONSERVATION ACT (Assented to , 1981) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions1 In this Act, (a) “auditor” means an energy auditor licensed by the Minister pursuant to this Act; (b) “fund” means the fund established pursuant to

section 2; (c) “contractor” means a person who carries out qualifying improvements and is not forbidden to do so by

section 13. (d) “home” means a single family dwelling that is detached or is part of a building that has a number of single family dwellings in it but does not exceed 4 floors in height and includes a condominium; (e) “Minister” means the Minister of Housing and Public Works; (f) "qualifying improvement” means an improvement to a home which has been recommended by an auditor for the purpose of improving the energy efficienty of the home and is an installation, augmentation or replacement of any of the following: (

i) floor, roof, ceiling or wall insulation, (ii) vapour barrier, (iii) weather stripping, (iv) improved windows,

(

v) improved doors, (vi) caulking, (vii) ventilation, (viii) framing and drywall on basement walls in which in­ sulation is also to be installed, (ix) heating systems and air to air heat exchangers, (

x) shutters and other forms of window insulation, (xi) devices or structures necessary to improve reception or distribution of solar heat, (xii) labour costs and design costs relating to work covered by sub-clauses (

i) to (xi), and (xiii) fees paid to an auditor. (g) “resident” means the owner or occupier of a home. Establishes Fund 2(1) There is hereby established a fund to be called “The Home Energy Conservation Fund” which shall contain that money which is appropriated to the fund by the Legislature from time to time.

(2) The Minister shall be responsible for the administration of the fund and make payments from it in accordance with this Act. Loans 3 A resident may apply in the prescribed form to a financial insti­ tution approved by the Minister to borrow money for the purposes of carrying out one or more qualifying improvements under this Act in an amount not exceeding $2500 and the Minister, on being satisfied that the resident has met the requirements of this Act, may declare the loan to be a loan for the purposes of this Act and may guarantee the loan and the guarantee shall be a liability on the fund.

Interest payable 4 The loan shall bear interest at the rate to be approved by the Minister from time to time and the resident shall be obliged to pay any interest due to the financial institution up to 5% and the Minister shall pay the interest in excess of 5% to the financial institution. Requirements for application5 An application for a loan pursuant to

section 3 shall be accom­ panied by (

a) the recommendations of an auditor supporting the qualifying improvements, and (

b) a quotation for the carrying out of the work recommended by the auditor, which shall be signed by the auditor. Certificate of completion6 Prior to the release of funds by the financial institute to the resident, the resident shall provide to the financial institution making 2

the loan a certificate by the auditor in the form provided for in the regulations that the qualifying improvements have been carried out satisfactorily and an invoice from the contractor for payment for the qualifying improvements.

Application for grant 7 Upon completion of the qualifying improvements, the resident may apply to the Minister for a grant in an amount not exceeding 40% of the loan approved pursuant to this Act and the Minister shall, if he is satisfied that the qualifying improvements have been properly carried out, shall pay the grant to the financial institution providing the loan which shall be used to retire part of the loan. Applications permitted8 The loan and grant limits provided in this Act may be taken up entirely in one application or in a number of applications not ex­ ceeding the total provided in aggregate.

Duties of auditor9 An auditor carrying out an energy audit shall personally inspect the home, identify the most cost effective improvements to save energy, assess the feasibility of alternate improvements and alternate energy sources and render a report in writing on his audit to the home owner, to the financial institute and to the Minister if requested by him. Qualifications of auditor10 A person who (

a) is a professional engineer qualified in civil or mechanical engineering, or (

b) has had at least 5 years experience in building or insulation, or (

c) has experience or qualifications which the Minister deems sufficient may apply to the Minister to be licensed as a auditor pursuant to this Act. Unauthorized persons11 Any person who carries out or represents that he is authorized or licensed to carry out the function of auditor, contractor or financial institution for the purposes of this Act and who is not licensed or authorized is guilty of an offence and on

summary conviction liable to a fine of up to $2000. Financial institutions12 For the purposes of this Act a financial institution shall be any chartered bank, trust company or other institution approved by the Minister for the purposes of this Act or a utility company or fuel supplier that applies to the Minister and satisfies him that it can fulfill the requirements of a financial institution for the purposes of this Act. Authorized persons 13(1) No person shall carry out qualified improvements at a home if he has a substantial family or business connection with the auditor who recommended the qualifying improvements. 3

(2) Notwithstanding subsection (1), the Minister may authorize a utility company to provide the audit, contracting and financial in­ stitution services or any one or two of those services in respect to a home. False declarations14 Any person who makes a false declaration, oral or written, for the purposes of obtaining any benefit under this Act is guilty of an offence and liable on

summary conviction to a fine not exceeding $5000. Coming into force15 This Act somes into force on the date fixed by a Proclamation which shall not be earlier than the effective date of the first appro­ priation of money into the fund. 4 Title: 1981 (19th, 3rd) Bill 214, The Home Energy Conservation Act