Bill 74 — Third Session, 19Th Legislature, 30 Elizabeth Ii the Legislative Assembly of Alberta Bill 74 Social Services and Community Health Statutes Amendment Act, 1981 (Legislature 19, Session 3)

L19 S3 3946

Alberta — Bills

1981 BILL 74 Third Session, 19th Legislature, 30 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 74 SOCIAL SERVICES AND COMMUNITY HEALTH STATUTES AMENDMENT ACT, 1981 THE MINISTER OF SOCIAL SERVICES AND COMMUNITY HEALTH First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1981 (19th, 3rd) Bill 74, Social Services and Community Health Statutes Amendment Act, 1981

Bill 74 BILL 74 1981 SOCIAL SERVICES AND COMMUNITY HEALTH STATUTES AMENDMENT ACT, 1981 (Assented to , 1981) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Department of Social Services and Community Health Act 1(1) The Department of Social Services and Community Health Act is amended by this section.

(2) The following is added after

section 5: 5.1 The Minister may authorize a board, committee or council established under

section 5 to assess the standards of care pro vided by day care centres as defined in the Social Care Facilities Licensing Act and for that purpose the persons appointed to that board, committee or council may, with respect to day care centres, exercise the powers of an officer under that Act. Social Care Facilities Licensing Act 2(1) The Social Care Facilities Licensing Act is amended by this section.

(2) Section 1 is amended (

a) by renumbering clause (

a) as clause (a.1) and by adding the following before clause (a.1): (a) "day care centre” means a facility that provides care, development and supervision for 7 or more children under the age of 6 years for more than 3 consecutive hours per day; 1

Explanatory Notes The Department of Social Services and Community Health Act 1(1) This

section will amend

chapter 25 of the Statutes of Alberta, 1971.

(2) Assessment of standards of care provided in day care centres. The Social Care Facilities Licensing Act 2(1) This

section will amend

chapter 91 of the Statutes of Alberta, 1977.

(2) Defines “day care centre”.

Section 1(

f) presently reads: (f) “social care facility" means (

i) a place of care for persons who are aged or infirm or who require special care, (ii) an institution or a shelter as defined in

Part 2 of The Child Welfare Act, or 1

(

b) in clause (

f) by adding the following after subclause (i): (i.1) a day care centre,

(3) Section 3(1) is amended by striking out “inspectors” and sub stituting “officers ”.

(4) Section 6 is amended (

a) in subsection (1) by striking out “For” and substituting "Subject to subsection (1.1), for"; (

b) by adding the following after subsection (1):

(1.1) For the purposes of carrying out his duties under sub section (1) in respect of a day care centre, an officer may enter a day care centre notwithstanding that permission to do so has not been granted. (

c) by repealing subsection (4) and substituting the following:

(4) If permission is refused or cannot be reasonably obtained under subsection (1) or a person interferes with an officer performing his duties in respect of a day care centre, the officer may apply to the Court of Queen’s Bench by way of originating notice for an order that the officer may, for the purpose of subsection (1) or (1.1), as the case may be, (

a) at any reasonable hour enter the social care facility and inspect that social care facility, (

b) require the production of any books, records or other documents and examine them, make copies of them or remove them temporarily for the purpose of making cop ies, (

c) inspect and take samples of any material, food, med ication or equipment being used in the social care facility, and (

d) perform tests, take photographs or make recordings, as the case may be, in respect of the social care facility, and the Court may, upon being satisfied that the order is necessary for the purpose of this section, make any order that it considers appropriate. 2

(iii) a hostel or other establishment operated to provide accom modation and maintenance for unemployed or indigent persons.

(3) Replaces the term “inspectors” with the term “officers”.

(4) Section 6 presently reads in part: 6(1) For the purposes of ensuring compliance with the provisions of this Act or the regulations or of any order made under this Act or the regulations or of a conditional licence, an inspector may with the per mission of the holder of the licence for, or the operator of the social care facility concerned, (

a) at any reasonable hour enter a social care facility and inspect that social care facility; (

b) require the production of any books, records or other documents and may examine them, make copies of them or remove them tem porarily for the purpose of making copies; (

c) inspect and take samples of any material, food, medication or equipment being used in a social care facility; (

d) perform tests, take photographs or make recordings, as the case may be, in respect of a social care facility.

(4) If permission is refused or cannot be reasonably obtained under subsection (1), the inspector may apply to the Court of Queen's Bench by way of originating notice for an order that the inspector may, for the purpose of subsection (1), (

a) at any reasonable hour enter the social care facility and inspect that social care facility, (

b) require the production of any books, records or other documents and may examine them, make copies of them or remove them tem porarily for the purpose of making copies, (

c) inspect and take samples of any material, food, medication or equipment being used in the social care facility, and (

d) perform tests, take photographs or make recordings, as the case may be, in respect of the social care facility, and the Court may, upon being satisfied that the order is necessary for the purpose of subsection (1), make such an order as it considers ap propriate.

(5) Replaces the term “inspector” with the term “officer”. 2

(5) In the following provisions “inspector” is struck out wherever it occurs and “officer” is substituted:

section 1(b);

section 6;

section 7. In accordance with

section 4(1) of The

Interpretation Act, 1980, this Bill comes into force on the date it receives Royal Assent. 3

3 Title: 1981 (19th, 3rd) Bill 74, Social Services and Community Health Statutes Amendment Act, 1981

Document details

Collection	Alberta — Bills
Citation	L19 S3 3946
Type	bill
Volume / chapter	L19 S3 3946
Language	en
Format	json
Source	PROVINCIAL
Identifier	482dd43650c55787f927aa331b88959f5e0cf121

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