Bill 14 (Legislature 11, Session 3)

L11 S3 7042

Alberta — Bills

Bill No. 14 of 1950. A BILL TO AMEND THE OLD AGE PENSIONS ACT, ALBERTA NOTE. This Bill amends The Old Age Pensions Act, Alberta, being

chapter 269 of the Revised Statutes of Alberta, 19·12.

Section 7 is amended by striking out clause (c(;) of sub section (1) and substituting a new clause. Each time the Dominion Government amends the provisions of its Old Age Pensions Act a new agreement relating to old age pensions must be executed with each of the provinces. The purpose of this amendment is to enable the Province to enter into any agreement with the Dominion Government which is made necessary by an amendment to The Old Age Pensions Act. These agreements may be entered into by the Lieutenant Governor in Council if deemed necessary and proper.

Every order in council approving such an agreement is required to be published in The Albe1'ta Gazette and to be tabled at the next ensuing session of the Legislature. If the agreement is not disapproved by a resolution of the Legislature it continues in force. This procedure 'avoids the necessity of making a retroactive amendment to this Act every time there is a variation of the old age pensions agreement.

Section 7 a is struck out and a new

section 7 a substituted in its stead. The new

section validates the agreement be tween the Dominion of Canada and the Province of Alberta relating to old age pensions which was authorized by Order in Council 751-49 dated June 16th, 1949.

Schedule A to the Act is struck out and a new

Schedule A is substituted which sets out the terms of the agreement between Canada and Alberta which is approved, ratified and ·confirmed by this amending Act. Under the new agreement the maximum pension is in creased from three hundred and sixty dollars yearly to four hundred and eighty dollars yearly. KENNETH A. McKENZIE, Acting Legislative Counsel. (This note does not form any part of the Bill but is ollered in explanation of its provisions.)

BILL No. 14 of 1950. An .Act to amend The Old Age Pensions Act, Alberta. (Assented to , 1950.) HIS MAjESTY, by and with the advice and ~onsent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Old Age Pensions Act, Alberta, being

chapter 269 of the Revised Sta~utes of Alberta, 1942, is hereby amended as to

section 7 by striking out subsection (1), clause (a,) and by substituting the following: " (

a) in the event of the Parliament of Canada amending the Old Age Pe'ns-ions Act of the Statutes of Canada or substituting or adding new provisions, enter into any agreement which may be deemed necessary or proper for the purpose of securing to the Pl'ovince the benefit of such mnending, substituted or added provisions, and in the event and for the purpose aforesaid, amend, vary, add to or repeal 'any of the provisions of this Act in any manner which may he deemed necessary in order to adopt for and make effective in the Province any or all of the provisions which have been amended, sub stituted or added ;". 2. The said Act is further aInended by striking out

section 7 a and by substituting the following: "7 u. The agreement entered into between the Govern ment of Canada and the Government of the Province of Alberta, dated the 24th day of June, 1949, and authorized by Order in Council No. 751-L19, dated the 16th day of June, 1949, and eontained in

Schedule A hereto, is hereby approved, ratified and confirmed.". 3. The said Act is further amended by striking' out 8chedure A and by substituting the following: "SCHEDULE A "Memorandum of Agreement made the 24th day of June, 1949.

2 "Between: "The Government of Canada, hereinafter called 'Canada', represented by the Minister of National Health and Welfare of Canada, of the First Part, - and- "The Goveninlent of the Province of Alberta, hereinafter called the 'Province', represented by the Minister of Public Welfare of Alberta, of the Second Part. "Whereas Canada and the Province, pursuant to the provisions of the Old Age Pensions Act, herein called the Dominion Act, being

Chapter 156 of the Revised Statutes of Canada, 1927, as amended by

Chapter 67 of the Statutes of 1947, entered into an agreement under date of the, 6th day of September, 1947, and which agreement was amet:ld~d by an agreement made the 12th day of February, 1948; , "And

whereas

Chapter 19 of the Statutes of Canada for 1949 further amends the Donlinion Act, and by reason thereof the parties hereto desire to enter into the agreement hereinafter set forth in replacement of the said agreement, as amended; "And

whereas The Old Age Pensions Act, Alberta, being

chapter 269 of the Revised Statutes of Alberta, 1942, as amended, hereinafter called the Provincial Act, provides for payment of pensions by the Province under and subject to the provisions of the Dominion Act, before passage of

Chapter 19 of the Statutes of Canada, 1949; "And

whereas the Province is not authorized under the provisions of the Provincial Act to enter into a new agree ment with Canada under and subject to the provisions of the Dominion Act as amended by

Chapter 19 of the Statutes of Canada, 1949, but has by Order in Council No. 751-49 dated June 16th, 1949, authorized the signing of the said new agreement, and has given assurance that an appropriate amendment to the Provincial Act will be introduced by the Government at the next session of the Legislature; "And

whereas the Minister of National Health and Wel fare of Canada, and the Minister of Public Welfare for the Province of Alberta have been respectively'authorized by the parties hereto, to enter into this agreement and to execute these presents: "Now therefore, this agreement witnesseth that in con sideration of the premises and of the ,mutual covenants and agreements herein contained, the parties hereto, hereby covenant and agree each with the other as follows: 411. The Province will,- ~', (a,) in manner prescribed by the Dominion Act and Regulations thereunder, deal with an application for

3 pension made by any person who· is resident in the Province of Alberta, and, if· satisfied that such person is properly and lawfully entitled to receive pension under the conditions specified hi the Dominion Act and Regulations, pay a maximum pension of $480 yearly, such maximum pension to be reduced in the case of:~ "(

i) an unmarried sighted person by the amount of any income received by such person in excess of $120 a year; and "(ii) a sighted person married to and living with a sighted spouse who is in receipt oi.pension by one-half the amount of any income received by such person and his spouse in ex~essof $120 a year; and "(iii) a sighted person married to and living with a sighted spouse not in receipt of pension, by the amount of any income received by such person and his spouse in excess of $600 a year; and "(iv) a sighted person married to and living with a blind spouse who is in receipt of pension by one-half the amount of any income received by such person and his spouse in excess of $240 a year; and "(

v) a sighted person nlarried to and living with a blind spouse who is not in receipt of pension by the amount of any income received by such person and his spouse in excess of $720 a year; and " (vi) "(vii) " (viii) " (ix) "(x) " (xi) an unmarried blind person without a dependent child or children, by the amount of any income received by such person in excess of $240 a year; and an unmarried blind person with a dependent child or children, by the amount of any inc()me received by such person in excess of $440 a year; and a blind person married to and living with a sighted spouse who is in receipt of pension by one-half the amount of any income received by such person and his spouse in excess of $240 a year; and a blind person married to and living with a sighted spouse who is not in receipt of pe,nsion by the amount of any income received by such person and his spouse in excess of $720 a year; and a blind person married to and living with a blind spouse who is in receipt of pension, by one-half the amount of any income received by such person and his spouse in excess of $360 a year; and a blind person married to and Ii ving with a blind spouse who is not, in receipt of pension

4 by the amount of any income received by such person and his spouse in excess of $840 a year. H (

b) in accordance with the provisions of sub-section (1) of

section 9 of the Dominion Act as amended, deal with the calculation and the payment of pension in any case where, in the opinion of the pension authority, the applicant or his spouse ha::; assigned or transferred property for the purpose of qualify ing the applicant for pension or for a larger pension than he would otherwise be entitled to receive; "(

c) in accordance with and subject to the provisions of subsection (2) of

section 9 of the Dominion Act as amended, authorize the pension authority to recover out of the estate of any deceased pensioner the sum of the pension payments made to such pensioner from time to tinle, provided, however, that the pension authority may, in its discretion, decide that no claim shall be made in any case where the net value of the pensioner's estate does not exceed $2,000. or if the net value does exceed $2,000. that claim will be made only against the amount of such estate in excess of the sum. of $2,000; "(

d) in accordance with suhsection (3) of

section 9 of the Act, report quarterly to Canada all sums re covered from pensioners or from the estates of pensioners; "(

e) furnish to Canada quarterly a statement showing the gross amounts paid for pensions during the preceding quarter to the persons and under the con ditions specified in the Dominion Act and the Regulations thereunder, the total of the sums re covered from pensioners· or from the estates of pensioners during such preceding quarter and the net amount due to the Province by Canada pursuant to this agreement; "(

I) in accordance with

section 12 of the Dominion Act as amended, pay the amount of pension granted by any other province to any pensioner who trans fers his permanent residence to Alberta; " (

g) in a,ccordance with

section 13 of the Dominion Act as amended, reimburse any other province in the amount and upon the conditions therein set out. "2. Upon production of the statement referred to in paragraph (

e) of the preceding section, Canada will pay to the Province an amount equal to seventy-five perce'ntum of the gross amount paid by the Province for pensions during the preceding quarter, pursuant to a provindal st~tute, to the persons and under the conditions specified in the Dominion Act and RegUlations less Canada's share of the amount recovered by the Province from pensioners or from the estates of pensioners, as provided in subsection (3) of

section 9 of the Dominion A.ct as amended. "3. This Agreement will become effective on the 1st day of June, 1949, and the agreement dated the 6th day of

5 September, 1947, as amended by an agreement dated the 12th day of February, 1948, shall be and it is hereby revoked as of the said 1st day of June, 1949. "In witness whereof the Minister of National Health and Welfare of Canada, representing the Government of Canada, and the Minister of Public Welfare of the Province, repre senting the Government of the Province of Alberta, have hereunto set their hands and seals, the day and year first above written. " . 1 "PAUL IVIARTIN", SIgned, sealed and de- M·· t f N t· 1 H lth livered InlS er 0 a lOna ea . and Welfare of Canada. "FRANCES GODSOE". J "\V. W.

CROSS", Minister of Public Welfare "A. H. MILLER". of the Province of Alberta." 4. This Act shall come into force on the day upon which it is assented to.

No. 14 FIRST SESSION TWELFTH LEGISLATURE 14 GEORGE VI 1950 BILL

An Act to amend The Old Age Pensions Act, Alberta. Received and read the First time ..................................... .. Second time Third time HON. DR. CROSS. Title: 1950 (11th, 3rd) Bill 14,

An Act to amend The Old Age Pensions Act, Alberta

Document details

Collection	Alberta — Bills
Citation	L11 S3 7042
Type	bill
Volume / chapter	L11 S3 7042
Language	en
Format	json
Source	PROVINCIAL
Identifier	5f2e4e8d08e52ba9206f5e4389e934c643b3a4c7

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