Bill 10 — Second Session, 27Th Legislature, 58 Elizabeth Ii the Legislative Assembly of Alberta Bill 10 Supportive Living Accommodation Licensing Act (Legislature 27, Session 2)

L27 S2 715

Alberta — Bills

2009 Bill 10 Second Session, 27th Legislature, 58 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 10 SUPPORTIVE LIVING ACCOMMODATION LICENSING ACT MR. DALLAS First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 10 Mr. Dallas BILL 10 2009 SUPPORTIVE LIVING ACCOMMODATION LICENSING ACT ( A s s e n t e d t o , 2 0 0 9 ) Table of Contents 1

Definitions 2 Application 3 Licence required 4 Application for licence 5 Designation of director 6 Inspectors 7 Inspections 8 Order after inspection 9 Complaints officers 10 Complaints 11 Investigators 12 Investigations 13 Collection, use and disclosure of information 14 Notification of authorities 15 Cancellation of licence 16 Issue of stop order 17 Court order 18 Appeal 19 Notification 20 Appeal 21 Service of notice or order 22 Offences 23 Protection from liability 24 Regulations 25 Transitional

2 26 Consequential amendments 27 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “Court” means the Court of Queen’s Bench; (b) “director” means the director designated under

section 5; (c) “legal representative” m eans a guardian or surrogate decision-maker pursuant to a court order; (d) “licence” means a licen ce for a supportive living accommodation; (e) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (f) “operator” means a person who provides supportive living accommodation as described in

section 2; (g) “supportive living accommodation” means buildings or units in buildings that are intended for permanent residential living where an operator also provides or arranges for services in order to assist residents to live as independently as possible. Application 2(1) This Act applies to supportive living accommodation provided by an operator where (

a) the supportive living accommodation is provided to 4 or more adults who are not related to the operator, (

b) the operator provides or ar ranges for services related to safety and security for the persons referred to in clause (

a) in accordance with the standards set out or adopted in the regulations, and

3 (

c) the operator provides, offers or arranges for (

i) at least one meal per day, or (ii) housekeeping services, for the persons referred to in clause (a).

(2) This Act does not apply to (

a) a nursing home under the Nursing Homes Act, (

b) an approved hospital or an auxiliary hospital under the Hospitals Act, (

c) a facility referred to in

section 1(h)(

v) of the Social Care Facilities Licensing Act, or (

d) a class, type or cat egory of supportive living accommodation designated as exempt in accordance with the regulations. Licence required 3(1) An operator must hold a subsisting licence for each location at which the operator provides supportive living accommodation as set out in

section 2(1).

(2) An operator shall comply with the conditions of the licence issued to the operator.

(3) Unless the director permits otherwise, an operator shall post the licence issued to the operator in a prominent place in the supportive living accommodation to which it pertains.

(4) If the director has given permission under subsection (3) to dispense with posting a licence, the operator shall keep the licence in a place in the supportive living accommodation to which it pertains where it is available and accessible for viewing.

(5) A licence is not transferable. Application for licence 4(1) Subject to subsection (2), a person may apply to the director in accordance with the regulations for a licence or for the renewal of a licence.

(2) A person who (

a) has been refused a licence or a renewal of a licence under subsection (3)(b), (

b) has had a licence cancelled under

section 15(1), or (

c) has failed to comply with a stop order issued under

section 16(1), is ineligible, for a period of 2 years after the date of the refusal, cancellation or failure to comply, (

d) to apply for a licence or a renewal of a licence in respect of the supportive living accommodation that was the subject of the refusal, cancellation or failure to comply, and (

e) to apply for a licen ce for a supportive living accommodation that has not previously been licensed.

(3) Subject to the regulations, the director may, in the director’s discretion, in respect of an application under subsection (1), (

a) issue or renew a licence for a term of up to 3 years, with or without conditions, or (

b) refuse to issue or to renew a licence.

(4) If the director refuses to issue or to renew a licence, the director shall at that time provide to the applicant written reasons for the refusal.

(5) The written reasons referred to in subsection (4) must include information respecting the applicant’s right to appeal the director’s refusal in accordance with

section 20. Designation of director 5(1) The Minister may designate a director for the purposes of this Act.

(2) The director designated under subsection (1) may delegate to any person any of the duties imposed or powers conferred on the director under this Act, including the power to form an opinion.

(3) The director has all the powers of an inspector, a complaints officer and an investigator under this Act. Inspectors 6 The Minister may designate one or more persons as inspectors for the purposes of this Act. Inspections 7(1) Subject to subsection (2), at the request of the director, for the purposes of ensuring compliance with this Act, the regulations, an order issued under this Act or a condition of a licence, an inspector may, with the permission of the operator of a supportive living accommodation, (

a) at any reasonable hour enter the supportive living accommodation and inspect that supportive living accommodation; (

b) require the production of any books, records or other documents in respect of the supportive living accommodation or place and examine them, make copies of them or remove them temporarily for the purpose of making copies; (

c) inspect and take samples of any material, food or equipment being used in the supportive living accommodation; (

d) perform tests, take photographs or make recordings in respect of the supportive living accommodation; (

e) interview the operator of the supportive living accommodation with respect to matters relevant to the inspection.

(2) An inspector may enter the supportive living accommodation of a particular resident only with the permission of that resident or that resident’s legal representative.

(3) An inspector may interview employees and residents of the supportive living accommodation, relatives of residents, legal representatives of residents and any other person who may have information relevant to the inspection.

(4) When an inspector removes any books, records or other documents under subsection (1)(b), the inspector shall (

a) give a receipt for those items to the person from whom those items were taken, and (

b) forthwith return the items to the person from whom they were taken when they have served the purposes for which they were taken.

(5) When an inspector takes samples of any material, food or equipment under subsection (1)(c), the inspector shall (

a) give a receipt for those items to the person from whom those items were taken, and (

b) on that person’s request, return those items to that person when those items have served the purposes for which they were taken.

(6) An operator shall provide on request a complete list of names and contact information of residents of the supportive living accommodation, including the names and contact information of each resident’s legal representative, if any, to the inspector.

(7) If permission is refused or cannot be reasonably obtained under subsection (1) or if anyone prevents an inspector from exercising powers under subsection (1) or obstructs or hinders the inspector in the exercise of those powers, a judge of the Court of Queen’s Bench may on the application of the inspector make any order that the judge considers necessary to permit the inspector to conduct an inspection or exercise those powers.

(8) An application under subsection (7) may be made ex parte if the Court considers it appropriate in the circumstances.

(9) The inspector shall inform the operator and the director of the results of an inspection of the operator’s supportive living accommodation. Order after inspection 8(1) Where, after a supportive living accommodation has been inspected, the director is of the opinion that this Act, the regulations, an order issued under this Act or a condition of a licence is not being complied with, the director may in writing

7 (

a) order the operator of the supportive living accommodation to take the measures specified in the order within the time limits specified in the order, (

b) issue a stop order in accordance with

section 16, or (

c) cancel the licence issued to the operator in respect of that supportive living accommodation in accordance with

section 15.

(2) The director may direct that an order issued under subsection (1)(

a) be posted in a prominent place in the supportive living accommodation. Complaints officers 9(1) The Minister may designate one or more persons as complaints officers for the purposes of this Act.

(2) For the purposes of

section 10(2)(a), a complaints officer has all the powers of an inspector or an investigator under this Act. Complaints 10(1) A person who has reason to believe that an operator has failed to comply with this Act, the regulations, an order issued under this Act or a condition of a licence may make a complaint to a complaints officer in the manner determined by the director.

(2) A complaints officer shall (

a) review any complaint received under subsection (1) to decide whether an investigation of the complaint is necessary, and for that purpose may (

i) make inquiries, and (ii) take any other action the complaints officer considers appropriate in the circumstances, including, without limitation, attempting to resolve the complaint through mediation or conciliation and notifying the director of an offence under this Act, and

8 (

b) if the complaints officer decides that an investigation of the complaint is necessary, refer the complaint to an investigator.

(3) A complaints officer may refuse to refer a complaint to an investigator if (

a) the complaints officer considers the complaint to be frivolous or vexatious, or (

b) the complaints officer has resolved the complaint under subsection (2)(a)(ii).

(4) A complaints officer shall inform the complainant, if the identity of the complainant is known, and any other person the complaints officer considers appropriate of a decision made under subsection (3).

(5) The decision of a complaints officer under subsection (3) may be appealed to the director in accordance with the regulations. Investigators 11 The Minister may designate one or more persons as investigators for the purposes of this Act. Investigations 12(1) When a complaint is referred to an investigator under

section 10(2)(b), the investigator, for the purposes of investigating the complaint, has all the powers of an inspector under

section 7 in addition to the powers set out in

section 13.

(2) An investigator shall inform the operator and the director of the results of an investigation of the operator’s supportive living accommodation.

(3) The director shall notify the complainant, if the identity of the complainant is known, the operator of the supportive living accommodation and any other person the director considers appropriate of the results of an investigation of the supportive living accommodation, including whether the complaint was founded or not founded.

(4) Where, after a supportive living accommodation has been investigated, the director is of the opinion that this Act, the

9 regulations, an order issued under this Act or a condition of a licence is not being complied with, the director may in writing (

a) order the operator of the supportive living accommodation to take the measures specified in the order within the time limits specified in the order, (

b) issue a stop order in accordance with

section 16, or (

c) cancel the licence issued to the operator in respect of that supportive living accommodation in accordance with

section 15.

(5) The director may direct that an order issued under subsection (4)(

a) be posted in a prominent place in the supportive living accommodation. Collection, use and disclosure of information 13(1) An investigator or an inspector (

a) may collect and use personal information for the purposes of conducting an investigation or an inspection, and (

b) shall not disclose any personal information collected under this

section except as provided in this section.

(2) An investigator or an inspector may use or disclose personal information (

a) if the use or disclosure is necessary for the purposes of

section 7 or 12, including making an application to the Court under

section 7(6), or (

b) if the disclosure is authorized or required under the Freedom of Information and Protection of Privacy Act or another enactment. Notification of authorities 14(1) If the director reasonably believes that the subject-matter of a complaint could constitute (

a) an offence under the Criminal Code (Canada), the director shall refer the complaint to a police service,

10 (

b) abuse against a person under the Protection for Persons in Care Act, the director shall refer the complaint to the Minister responsible for that Act, or (

c) an offence under a statute or regulation of Alberta, the director shall refer the complaint to the Minister of Justice and Attorney General.

(2) The director may, when referring a complaint under subsection (1), disclose information that the director reasonably believes relates to the possible offence or abuse. Cancellation of licence 15(1) When the director is of the opinion, as the result of an inspection or investigation, that an operator has not complied with (

a) this Act or the regulations, (

b) a condition of a licence, or (

c) an order issued under

section 8 or 12, the director may, on 45 days’ notice in writing to the operator, cancel the licence in respect of that supportive living accommodation.

(2) A notice to an operator under subsection (1) must inform the operator of the right to appeal the cancellation in accordance with

section 20.

(3) When a notice has been given under subsection (1), the director shall post a notice of the cancellation of the licence in a prominent place in the supportive living accommodation. Issue of stop order 16(1) If the director is of the opinion as the result of an inspection or investigation that an operator has contravened or is contravening this Act, a regulation, a condition of a licence or an order issued under this Act, the director may issue a stop order to the operator in accordance with subsection (2).

(2) In a stop order the director may require that the operator to whom it is directed do one or more of the following, either permanently or for a specified period:

11 (

a) cease the contravention specified in the stop order; (

b) stop any activity occurri ng at a supportive living accommodation specified in the stop order; (

c) stop operating the supportive living accommodation specified in the stop order.

(3) A stop order must contain the reasons for making it.

(4) Not more than 48 hours after issuing a stop order, the director shall cause a copy of it to be served on the operator to whom it is directed, and on receipt of the copy, the operator to whom the stop order is directed shall comply with the order forthwith.

(5) An operator to whom a stop order is directed who fails to comply with the stop order forthwith on service of a copy of it on the operator or subsequently is guilty of an offence and liable to a fine in accordance with

section 22.

(6) A stop order served on an operator under this

section must inform the operator of the right to appeal the stop order in accordance with

section 18.

(7) When a stop order has been issued to an operator, the director shall post the stop order in a prominent place in the supportive living accommodation. Court order 17(1) If the operator to whom a stop order is directed fails to comply with the stop order forthwith on service of a copy of it on the operator or subsequently, the director may, notwithstanding that the operator has filed an application under

section 18, apply to the Court of Queen’s Bench for an order of the Court directing (

a) the operator to comply with the stop order, (

b) any peace officer to assist the director and other persons referred to in subsection (2)(

b) in enforcing their powers and performing their duties under subsection (2)(b), and (

c) any other relief in respect of matters coming under this Act that the Court considers appropriate in the circumstances.

(2) If the operator to whom a stop order is directed fails to comply with the stop order forthwith on service of a copy of the order of the Court of Queen’s Bench under subsection (1) on the operator or subsequently, (

a) the failure to comply with the stop order may be dealt with by the Court as a civil contempt of the Court, (

b) any person authorized by the director for the purpose and any other persons assisting that person may, without further leave of the Court and without incurring liability for it, enter the supportive living accommodation and take any actions that are necessary to carry out the stop order, and (

c) the director may recover by action any expenses incurred under clause (

b) in carrying out the stop order from the operator to whom the stop order is directed. Appeal 18(1) An operator to whom a stop order is directed may appeal to the Court of Queen’s Bench by (

a) filing an application with the clerk of the Court, and (

b) serving a copy of the application on the director, within 15 days from the date on which a copy of the stop order was served on the operator.

(2) A stop order remains in effect unless the Court orders that it be stayed pending the disposition of the appeal.

(3) A judge of the Court of Queen’s Bench may extend the time for filing or service under subsection (1).

(4) On an appeal under this section, the Court of Queen’s Bench (

a) shall inquire into all matters leading to the issuing of the stop order, (

b) shall determine whether, in its opinion, there were sufficient grounds for the issuing of the stop order, (

c) shall confirm, vary or revoke the stop order, and

13 (

d) may make any other order in respect of matters coming under this Act that the Court considers appropriate in the circumstances, including issuing an order under

section 17(1).

(5) This

section and

section 17 apply to a stop order issued under

section 16 whether or not the contravention of this Act or the regulation or order concerned constitutes an offence and whether or not a conviction has been adjudged for the offence. Notification 19(1) On receiving a copy of a stop order under

section 16 or a notice cancelling a licence under

section 15(1), the operator shall forthwith provide to the director a list of (

a) the names and contact information of residents in the supportive living accommodation, and (

b) the names and contact information of the legal representatives, if any, of the residents in the supportive living accommodation.

(2) On receiving the list referred to in subsection (1), the director shall notify in writing the persons on the list respecting the cancellation or stop order, as the case may be. Appeal 20(1) A person (

a) who has been refused a licence or renewal of a licence under

section 4(3), or (

b) whose licence has been cancelled, may appeal the refusal or cancellation by serving the Minister with a notice of appeal in the prescribed form within 15 days after being notified in writing of the refusal or cancellation.

(2) The Minister shall, within 30 days after being served with the notice of appeal, appoint an appeal panel consisting of 3 individuals to hear the appeal.

(3) The Minister shall designate one of the members of the appeal panel as chair.

(4) The Minister may set the time within which the appeal panel is to hear an appeal and render a decision and the Minister may extend that time.

(5) An appeal panel that hears an appeal under this

section may by order (

a) confirm the refu sal or cancellation, (

b) direct that a licence or re newal of a licence be issued, or (

c) reinstate a cancelled licence.

(6) Members of the appeal panel who are not employees of the Government may be paid remuneration, and may receive reasonable travelling and living expenses while away from their ordinary places of residence in the course of their duties as members of the appeal panel, at the rates prescribed by the Minister.

(7) A decision of the appeal panel under this

section is final and binding and may not be appealed. Service of notice or order 21 When an order is issued under

section 8 or 12, a notice is given under

section 15(1) or an order is issued by an appeal panel under

section 20, that order or notice, as the case may be, may be served (

a) by personal service, (

b) by any form of mail that requires a receipt in acknowledgment of delivery if the post office receipt is signed by the person to whom the notice or order is directed or by a person on behalf of that person, or (

c) in any manner that may be directed by the Court. Offences 22(1) A person who contravenes this Act or the regulations or fails to comply with an order issued under this Act or the regulations is guilty of an offence and liable to a fine of not more than $100 000 and, in the case of a continuing offence, to a further fine of not

15 more than $1000 per day for each day or part of a day that the contravention or failure to comply continues after the first day.

(2) No prosecution may be commenced under this

section later than 2 years following the date on which the subject-matter of the prosecution first came to the knowledge of the Minister. Protection from liability 23 No action lies against the Minister, the director, a complaints officer, an investigator or an inspector, or anyone acting under the authority of any of them, for anything done or omitted to be done in good faith in exercising powers or authority or carrying out duties, responsibilities or functions under this Act. Regulations 24(1) The Lieutenant Governor in Council may make regulations (

a) designating classes, types or categories of supportive living accommodation as exempt from some or all of the provisions of this Act; (

b) establishing criteria for the exemption of a class, type or category of supportive living accommodation for the purposes of clause (a); (

c) respecting any other matter that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act.

(2) The Minister may make regulations (

a) governing the licensing of supportive living accommodations, including, without limitation, the information that must appear on the licence, the application process and other requirements; (

b) respecting the operation of supportive living accommodations; (

c) respecting standards, including the adoption of applicable standards made by another authority, for supportive living accommodations;

16 (

d) respecting the establishment of alternative standards for a class, type or category of supportive living accommodation, including the circumstances in which alternative standards may be appropriate, whether the alternative standards apply temporarily or permanently, and the process by which an operator may be authorized to comply with the alternative standards; (

e) respecting records and other documents that an operator is required to create and maintain for the purposes of this Act; (

f) respecting providing information to the public regarding the status of supportive living accommodations that are subject to this Act; (

g) respecting the employment of persons in supportive living accommodations and the qualifications that must be met by those persons; (

h) respecting the procedure for an appeal from the decision of a complaints officer under

section 10(3); (

i) prescribing forms for the purposes of this Act; (

j) subject to

section 25, respecting the transition of any matter from the Social Care Facilities Licensing Act to this Act; (

k) defining terms used but not defined in this Act. Transitional 25(1) A licence issued under the Social Care Facilities Licensing Act with respect to a facility that is a supportive living accommodation as defined in this Act that is in existence immediately before the coming into force of this Act is deemed to be a licence issued under this Act until the term of the licence expires, unless the licence is cancelled earlier under

section 15.

(2) An appeal before an appeal board under the Social Care Facilities Licensing Act that commenced before the coming into force of this Act is to be concluded under the Social Care Facilities Licensing Act as if this Act had not come into force.

(3) An order of a director under the Social Care Facilities Licensing Act cancelling a licence or issuing a stop order with respect to a facility that is a supportive living accommodation as defined in this Act is deemed to be an order issued by the director under this Act. Consequential amendments 26(1) The Dependent Adults Act is amended in

section 1(k)(

v) by striking out “, licensed under the Social Care Facilities Licensing Act,”.

(2) The Public Health Act is amended (

a) in

section 1(

x) by adding “and, except in

section 22, includes a supportive living accommodation licensed under the Supportive Living Accommodation Licensing Act” after “Social Care Facilities Licensing Act”; (

b) in

section 22 (

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

(1.1) Where an operator of a supportive living accommodation licensed under the Supportive Living Accommodation Licensing Act knows or has reason to believe that a person residing at the supportive living accommodation is infected with a communicable disease prescribed in the regulations for the purposes of subsection (1), the operator shall notify the medical officer of health of the regional health authority in accordance with subsection (1)(

a) and (b). (ii) by adding the following after subsection (3):

(4) Where an operator of a supportive living accommodation licensed under the Supportive Living Accommodation Licensing Act knows or has reason to

17 Explanatory Notes Explanatory Notes 26(1) Amends

chapter D-11 of the Revised Statutes of Alberta

Section 1(k)(

v) presently reads: 1 In this Act, (k) “institution” means (

v) a place of care, licensed under the Social Care Facilities Licensing Act, for persons who are aged or infirm or who require special care,

(2) Amends

chapter P-37 of the Revised Statutes of Alberta 2000.

Sections 1(x), 22 and 33(3) presently read: 1 In this Act, (x) “institution” means a correctional institution as defined in the Corrections Act, a facility as defined in the Mental Health Act, a nursing home within the meaning of the Nursing Homes Act, the premises where a child care program that is licensed under the Child Care Licensing Act is offered or provided and a social care facility as defined in the Social Care Facilities Licensing Act; 22(1) Where a health practitioner, a teacher or a person in charge of an institution knows or has reason to believe that a person under the care, custody, supervision or control of the health practitioner, teacher or person in charge of an institution is infected with a communicable disease prescribed in the regulations for the purposes of this subsection, the health practitioner, teacher or person in charge of an institution shall notify the medical officer of health of the regional health authority (

a) by the fastest means possible in the case of a prescribed disease that is designated in the regulations as requiring immediate notification, or

18 believe that a person residing at the supportive living accommodation is infected with a disease referred to in

section 20(2), the operator shall, within 48 hours, notify the Chief Medical Officer in the prescribed form. (

c) in

section 33(3) (

i) by adding the following after clause (a): (a.1) a supportive living accommodation licensed under the Supportive Living Accommodation Licensing Act, (ii) in clause (

c) by adding “, supportive living accommodation” after “social care facility”; (iii) by adding “ , supportive living accommodation” after “the social care facility” wherever it occurs.

(3) The Residential Tenancies Act is amended in

section 2(2) by adding the following after clause (h): (h.1) a supportive living accommodation licensed under the Supportive Living Accommodation Licensing Act,

18 Explanatory Notes (

b) within 48 hours in the prescr ibed form in the case of any other prescribed disease.

(2) Where a physician, a nurse practitioner or a midwife knows or has reason to believe that a person under the care in a hospital of the physician, nurse practitioner or midwife is infected with a disease to which subsection (1) applies, the physician, nurse practitioner or midwife shall, in addition to carrying out the physician’s, nurse practitioner’s or midwife’s responsibilities under subsection (1), immediately inform the medical director or other person in charge of the hospital, and the medical director shall notify the medical officer of health of the regional health authority by telephone or in accordance with the prescribed form.

(3) Where a physician, a community health nurse, a nurse practitioner, a midwife or a person in charge of an institution knows or has reason to believe that a person under the care, custody, supervision or control of the physician, community health nurse, nurse practitioner, midwife or person in charge of an institution is infected with a disease referred to in

section 20(2), the physician, community health nurse, nurse practitioner, midwife or person in charge of an institution shall, within 48 hours, notify the Chief Medical Officer in the prescribed form. 33(3) Where a person is isolated or quarantined in (

a) a social care facility, (

b) a food handling establishment, or (

c) living accommodation attached to a social care facility or food handling establishment, the medical officer of health may, by notice to the owner of the social care facility or food handling establishment, order the owner not to operate or permit the operation of the social care facility or food handling establishment until decontamination of the social care facility or food handling establishment is completed.

(3) Amends

chapter R-17.1 of the Statutes of Alberta, 2004.

Section 2(2) presently reads:

(2) This Act does not apply to (

a) a mobile home site as defin ed in the Mobile Home Sites Tenancies Act,

(4) The Social Care Facilities Licensing Act is amended (

a) by repealing

section 1(h)(i); (

b) in

section 2 by striking out “or” at the end of clause (d), adding “or” at the end of clause (

e) and adding the following after clause (e): (

f) a supportive living accommodation licensed under the Supportive Living Accommodation Licensing Act.

19 Explanatory Notes (

b) premises occupied for business purposes with living accommodation attached and rented under a single agreement, (

c) rooms in the living quarters of the landlord, if the landlord actually resides in those quarters, (

d) a hotel, motel, motor hotel, resort, lodge or tourist camp, a cottage or cabin located in a campground, or a trailer park, tourist home, bed and breakfast establishment or farm vacation home, if a person resides there for less than 6 consecutive months, (

e) a tenancy agreement between an educational institution as landlord and a student of that institution as tenant if the tenant does not have exclusive possession of a self-contained dwelling unit, (

f) a nursing home as defined in the Nursing Homes Act, (

g) lodge accommodation as defined in the Alberta Housing Act that is operated (

i) by a management body under a ministerial order under

section 5 of that Act, or (ii) under an agreement with the Minister responsible for that Act, (

h) a social care facility licensed under the Social Care Facilities Licensing Act, (

i) a correctional institution, or (

j) any other prescribed premises.

(4) Amends

chapter S-10 of the Revised Statutes of Alberta 2000. Sections 1(h)(

i) and 2 presently read: 1 In this Act, (h) “social care facility” means (

i) a place of care for persons who are aged or infirm or who require special care, 2 This Act does not apply to

(5) The Tobacco Reduction Act is amended in

section 1(a.1) by striking out “or” at the end of subclause (iii), adding “or” at the end of subclause (iv) and adding the following after subclause (iv): (

v) a supportive living accommodation licensed under the Supportive Living Accommodation Licensing Act;

(6) The Tourism Levy Act is amended in

section 1(1)(

a) by adding the following after subclause (iv): (iv.1) a supportive living accommodation licensed under the Supportive Living Accommodation Licensing Act; Coming into force 27 This Act comes into force on Proclamation.

20 Explanatory Notes (

a) a nursing home under the Nursing Homes Act, (

b) lodge accommodation as defined in the Alberta Housing Act, (

c) an approved hospital und er the Hospitals Act, (

d) a residential facility as defined in

Part 3 of the Child, Youth and Family Enhancement Act, or (

e) the premises where a child care program that is licensed under the Child Care Licensing Act is offered or provided.

(5) Amends

chapter T-3.8 of the Statutes of Alberta,

Section 1(a.1) presently reads: 1 In this Act, (a.1) “group living facility” means (

i) a facility for the l ong-term care of veterans, (ii) a nursing home under the Nursing Homes Act, (iii) a facility as defined under the Mental Health Act, or (iv) a residential facility for adults only licensed under the Social Care Facilities Licensing Act;

(6) Amends

chapter T-5.5 of the Revised Statutes of Alberta 2000.

Section 1(1)(a)(iv) presently reads: 1(1) In this Act, (a) “accommodation” means lodgi ng that is provided for consideration in a hotel, motel, apartment building, hostel, lodging house, boarding house, bed and breakfast, club or other similar establishment in Alberta, including the right to use lodging acquired with the purchase of a prepaid vacation package, but does not include the following: (iv) lodging that is provided in a social care facility, a nursing home or a hospital; 27 Coming into force.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2009 (27th, 2nd) Bill 10, Supportive Living Accommodation Licensing Act

Document details

Collection	Alberta — Bills
Citation	L27 S2 715
Type	bill
Volume / chapter	L27 S2 715
Language	en
Format	json
Source	PROVINCIAL
Identifier	6464d175abdb6a8f70a179eb671896db807ae8a5

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