Bill 101 — First Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 101 the Senior Citizens Shelter Assistance Act (Legislature 17, Session 1)

L17 S1 5082

Alberta — Bills

1972 Bill 101 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 101 The Senior Citizens Shelter Assistance Act THE MINISTER OF MUNICIPAL AFFAIRS First Reading .............................. . Second Reading ...... . Third Reading .............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 101 1972 THE SENIOR CITIZENS SHELTER ASSISTANCE ACT (Assented to , 1972) HER MAJESTY, by rund with the rudvke and consent of the Legisl,ative Assembly ,of Alberta, enacts as follows: 1.

(1) In this Act, (a) "clerk" means ,the munidpal secretary of a munici pality or any ,other pers,on designated to collect municipal taxes; (b) "eligible mobile unit" means a mobile unit occupied in whole or in part as the normal place of residence by an 'Owner thereof f,or a total of n'Ot less than 120 days during the year; (c) '~eligible residence" means a building or part there of, occupied in whole or in part as the normal place of residence by an owner thereof f'Or a total of not less than 120 days during the ye3!r, and (

i) where Itwo or more pers,ons are co-owners of one building and any self-contained p!art of the building (ii) (

A) is occupied by one of those owners, or (

B) is co-occupied by more than one 'Of those ,owners, to the exclusion of the 'Other owners, each part of the building so occupied is an eligible resi dence, Dr where two or more persons are co-owners of more than 'One building and anyone of those buildings (

A) is occupied by one of those owners, or (

B) is CQ-Qccupied by mQre than 'One 'Of those 'Owners, tQ the exclusiQn of Ithe 'Other 'Owners, each of the buildings SQ occupied is an eligible resi dence; (d) "hQmeQwner assistance" or "homeowner assistance grant" means a payment or an abatement 'Of mu nicipal taxes made pursuant to sectiQn 4;

Explanatory Notes General. The owner of a residential property may presently qualify for a provincial tax discount pursuant to The Homeowners Tax Discount Act. The maximum discount payable cannot exceed $75 per year unless the owner receives the guaranteed income sup plement to the Old Age Security Pension, in which case the tax discount payable shall not be in excess of $150. The purpose of this Bill is twofold and it will provide as follows: (

a) Where the owner of a residential property or a mobile unit has attained the age of 65 years and is entitled to receive a tax discount pursuant to The Homeowners Tax Discount Act, such person may in lieu thereof apply under the pro posed Act for an abatement in the taxes imposed against his property to the extent of that portion of the levy attribu table to meet a requisition made by the Province upon a municipality in accordance with

section 129 of The School Act. (

b) Any person who has attained the age of 65 years and rents living accommodation in a taxable building or a mobile unit may apply for renter assistance in the amount of $50. I.

Definitions.

2 (e) "mobile unit" means any structure whether ordi narily equipped with Wheels or not, that is con structed or manufactured to be moved from one point to another by be-ing towed or carried and to provide living a'ccommodation for us'e by one or more persons, but does not include a vacation 't~ailer ; (f) "mobile unit licence fee" means a licence fee im posed in respect of a mobile unit pursuant to The Municipal Govvernment Act or The Improvement Districts Act; (g) "municipal taxes" means (

i) with reference to an eligible residence, taxes levied on land or improvements or both by a municipality in any yea,r for municipal, school and other purposes or any of them, hut does not include special frontage assessments or special local benefit assessments referred to in The Municipal Taxation Act, or (ii) with reference to an eligible mobile unit, the mobile unit licence fee imposed by :a munici pality in any year in respe'ct of that eligible mobile unit; (h) "municipality" includes any local authority or per son authorized to levy and collect municip'al taxes; (i) "owner" means, with reference to an eligible resi dence, (

i) a person registered under The Land Titles Act as the owner of a fee simple estate or a life estate in real property, or (ii) a person who is pur{~hasing or has purch~sed or is otherwise acquiring or has acqUIred ownership of real property in fee simple or for life, or (iii) a person who is an occupier under a lease, li cence or permit of Crown land that has a building thereon, or (iv) a person who owns an assessable and taxable building situated on land owned by someone other than the person owning the building, and, with reference to an eligible mobile unit, means a person who is the owner or purchaser of the 'mobile unit; (j) "parcel" or "parcel of land" means a parcel as de fined in The Municipal Taxation Act; (k) '~Provincial school levy" means (

i) with reference to an eligible residence, that ,portion of the municipal taxes impos,ed on land or improvements or both in any year for the

purpoOse oOf meeting the requisi,tioOn oOf the ProOv ince under sectioOn 129 oOf The School Act foOr that year, oOr (ii) with reference toO ,an eligible moObile unit, that PoOrtioOn oOf the mobile unit licence fee foOr any year, .as determined P?rsuant toO sll?sectioOn (2), that IS treated as beIng the ProOVlncial schoOoOl levy for that eligible moObile unit foOr that year; (1) "renter" means a perSoOn 0) who rents living accoOmmoOdatioOn as a noOrmal place oOf residence ina building that is subject toO the impoOsition .of taxes toO meet the ProOvin cial s,chooOl levy, or (ii) whoO leases a mobile unit that is licensed under The Municipal Gdvernment Act oOr The Im provement Districts Act and oOccupies it as his noOrmal place oOf residence; (om) "renter assistance" oOr "renter assistance grant" means a grant made ,toO a renter pursuant toO sec tioOn 6, subsectioOn (1).

(2) The portioOn .of a mobile unit licence fee foOr an eli gible moObile unit that is toO be treated as being the ProO vincial schoOoOl levy with respect toO that eligib1e moObile unit foOr any year shall be the amoOunt calculated by multiplying the valuatioOn oOf the eligible moObile unit as determined pur suant toO Alberta RegulatioOn 320/71 (

a) by the depreciatioOn factor foOr that eligible moObile unit determined by Alberta RegulatioOn 320/71, and (

b) by rbhe schoOol mill rate.

(3) In subsectioOn (2) (a) "A1berta RegulatioOn 320/71" means the "Regula tioOn toO Prescribe a S.chedule foOr the Licensing of MoObile Units" made pursuant toO The Municipal Government Act and filed as Alberta RegulatioOn 320/71, as amended froOm time to time, or any regulatioOn made in substitution therefoOr, and (b) "school mill rate" means that portion of the mill rate oOf the municipality foOr the previoOus year fi?Ced as the rate required toO meet the requisition .of the ProOvince under sectioOn 129 oOf The School Act, or, where there was noO mill rate foOr the previoOus year, that portioOn oOf the mill rate of the municipality foOr the current year fixed 'as the rate required. toO meet the requisitioOn of the ProOvince under

section 129 oOf The School Act foOr the ourrent year. 2. This Act applies oOnly with resp'ect toO 1972 and sub sequent years. 3

2. Act applies to 1972 and subsequent years. 3

(1) A homeowner assistance grant may 'Only be made in respe'ct 'Of an eligible residence Dr an eligible mobile unit (

a) where the 'Owner thereof Dr anyone of the owners thereDf is 65 years of age or over, or (

b) in Ithe case of a private company eligible to apply f'Or a Provincial tax dis'count under The Home owners Tax Discount Act by virtue of seotion 4 subsection (4) of that Act, where at least one of th~ shareholders is 65 years of age or over.

(2) A renter assistance grant may be made only (

a) where the renter is 65 years of age Dr over, Dr (

b) in any case where two Dr more persons are liable for the payment 'Of the rent for the living accom modation Dr where two or more persons are liable as lessees of the mDbile unit, where anyone of the renters is 65 years of age or over. Homeowner Assistance ,4.

(1) A person who is entitled to the Provincial tax discount under The Homeowners Tax Discount Act in any year to the extent provided for in

section 5 of that Act may apply for and receive, in lieu thereDf, a homeowner assistance gr,ant in respect of the same eligible residence or eligible m'Obile unit, subject to and in accordance with this Act and the regulations.

(2) The amount 'Of a homeowner assistance grant for a year to an owner of an eligible residence shall be 4 (

a) in a c,ase where 'an eligible residence ,consists 'Of the whole 'Of a building and the owner of the residence also is the owner 'Of the parcel on which it is situated, an amount equal to the Provincial school levy imposed on the parcel and the imprDvements thereon; (

b) in a case where the eligible residence consists of the whole of a building but the owner of the residence is not the owner of the parcel on which it is situated, an amount equal to the Provincial school levy im posed on the eligible residence; (

c) in a case where the eligible residence consists of a farm building exempt from assessment, an amount equal to the Provincial school levy imposed on the parcel of land on which the eligible residence is situated; (

d) in a case where the eligible residence consists of a part of a building and whether or not the owner thereof is also the owner of the parcel on which it is situated, an amount equal to a part of the Provincial school levy imposed on the building in the proportion that the assessed value of the eligible

3. Assistance under this Bill is available only where all or any of the owner,s or renters are 65 years of age or over. 4. Application for homeowner assistance. 4

residence bears to the assessed value of the whole of the building.

(3) The amount of a homeowner assistance grant for a year to an owner of an eligible mobile unit, shall be an amount 'equal to the Provincial school levy for that eligible mobile unit.

(4) An application for homeowner assistance shall be made to the clerk to whom an application for a Provincial tax discount under The Homeowners Tax Discount Act would be made if the application under this

section were an application under that Act.

(5) A homeowner assistance grant in respect of an elig ible mobile unit may not be applied for or paid unless the mobile unit licence fee for that mobile unit is paid for the full 12 months of that year. 5.

(1) Where a homeowner assistance paym'en t is made in respect of an eligible residence or eligible mobile unit in any year, (

a) no additional homeowner assistance grant may be made in respect of the same eligible residence or eligible mobile unit for the same year; (

b) no Provincial tax discount may be paid under The Homeowners Tax Discount Act in respect of the same eligible residence or eligible mobile unit for that year; (

c) no renter assistance grant may be made for that year to any person who is or was the owner or one of the owners of the eligible residence or eligible mobile unit.

(2) Where a Provincial tax discount has been credited or paid under The Homeowners Tax Discount Act in respect of an eligible residence or eligible mobile unit for a year and the owner thereof subsequently becomes entitled to a home· owner assistance grant for that year, the owner may apply for and receive the homeowner assistance grant in accordance with the regulations and subject to the con ditions prescribed in the regulations if he refunds the amount of the Provincial tax discount credited or paid under The Homeowners Tax Discount Act in respect of the eligible residence or eligible mobile unit.

(3) Where a homeowner assistance grant is made in respect of any eligible residence or any eligible mobile unit for any year, any owner thereof, whether or not he was the person who actually received the homeowner assistance grant, is not eligible to apply for or receive a hom'eowner assistance grant or a Provincial tax discount for that year in respect of the same eligible residence or eligible mobile unit. 5

5. Ineligibility provisions to avoid dOUible grants. 5

Renter Assistance H.

(1) A renter may apply in each year for a grant of $50 in accordance with this Act and the regulations.

(2) An application for a renter assistance grant shall be made to the Department of Municipal Affairs.

(3) Where two or more persons are the renters of the same living accommodation or mobile unit, they shall be treated as one renter for the purposes of this Act and en titled to receive one renter assistance grant between them. 7.

(1) No person is entitled to apply for or receive mor~ than one renter assistance grant for anyone year.

(2) A person who lawfully receives a renter assistance grant for anyone year and who subsequently in that year becomes an owner of an eligible residence or eligible mobile unit, may, if he is eligible to do so, apply for and receive a homeowner assistance grant or a Provincial tax discount under The Homeowners Tax Discount. Act in accordance with the regulations and subject to the conditions prescribed in the regulations, but the amount of the renter assistance grant shall be deducted from that hom'eowner assistance grant or Provincial tax discount. G·eneral 8.

(1) An application for homeowner assistance or ren ter assistance for any year (

a) shall consist of a declaration in the form prescribed in the regulations and shall be completed and signed by the owner or one of the owners who is 65 years of age or over, or the renter or one of the renters who is 65 years of age or over, as the case may be, (

b) may be made only after the municipal taxes have been levied by the municipality for that year, and (

c) except as otherwise provided in the regulations, shall be filed before the close of business on the last business day of that year, or, in the case of home owner assistance in respect of an eligible mobile unit, during the year in which the mobile unit licence is issued or during the next year.

(2) Where the clerk considers it advisable, he may re quire that a declaration filed be accompanied by documen tary evidence that proves to his satisfaction that the de clarant is entitled to homeowner assistance or renter assis tance, as the case may be. 9. All declarations and other documentary evidence filed with a clerk pursuant to this Act shall not be disposed of by him except as directed by the Minister of Municipal Affairs. 6

6. ApplicatIOn for annual $50 renter assistance grant. 7. Ineligibility provisions to avoid double grants. 8. Form of application and time of filing. 9. Retention of records. 6

10. Homeowner assistance grants and renter assistance grants are payable by the Government of Alberta as pro vided in this Act and as directed by the regulations. 11.

(1) Upon receipt of an application for homeowner assistance and not sooner, a clerk (:l.) shall det'ermine whether or not the applicant is en titled to homeowner assistance; (

b) if he determines that the applicant is entitled to homeowner assistance in respect of an eligible resi dence, shall immediately credit the appropriate tax account with the amount of the homeowner assis tance that is applicabl'e; (

c) if he determines that the applicant is entitled to homeowner assistance in respect of an eligible mo bile unit, shall pay to the applicant the appropriate homeowner assistance grant; (

d) if he determines that the applicant is not entitled to homeowner assistance shall, within such time after the date of receipt of the application as may be pre scribed by regulations, mail to the applicant the reasons for his determination.

(2) The determination of the clerk as to whether an ap plicant is or is not entitled to homeowner assistance may be revised by the clerk in the event that he ascertains that his original determination was made (

a) by mistake, or (

b) as the result of the applicant having filed with him an incorrect declaration and the clerk shall amend his records accordingly.

(3) A decision of a clerk pursuant to this

section may be appealed to the Minister of Municipal Affairs in accordance with the regulations.

(4) The Minister of Municipal Affairs shall determine the appeal and advise the clerk of the municipality of his decision. 12.

(1) Upon receipt of an application for renter as sistance, the Minister (

a) shall determine whether or not the applicant is en titled to the renter assistance grant applied for; (

b) if he determines that the applicant is entitled there to, shall pay a renter assistance grant to the applicant; (

c) if he determines that the applicant is not 'entitled to a renter assistance grant, shall within such time after the date of receipt of the application as may 7

10. Grants payable by the Government of Alberta. II. Determination as to eligibility for homeowner assistance. 12. Determination of eligibility for renter assistance. 7

be prescribed by the regulations, mail to the ap plicant the reasons for his determination.

(2) The determination of the Minister as to whether an applicant is or is not entitled to renter assistance may be revised by the Minister in the event that he ascertains that his original determination was made (

a) by mistake, or (

b) as the result of the applicant having filed with him an incorrect application, and the Minister shall amend his records accordingly. 13. From time to time and not less than once a month, the clerk of each municipality shall prepare and deliver to the Minister of Municipal Affairs a certified statement, in the form prescribed by the regulations, in which shall be stated the sum of the homeowner assistance grants (

a) in respect of which applications have been accepted and approved, and (

b) which have been calculated by the clerk during the period of that year which has elapsed prior to the date of the certified statement and which com menced subsequent to the date of the determination and calculation of any homeowner assistance grants included in the sum stated on any previous certified statement for that year. 14. Upon receipt of a statement pursuant to

section 13, the Minister of Municipal Affairs shall pay to the munici pality the amount shown thereon as directed by the regula tions out of the moneys appropriated by the Legislature for the purposes of this Act. 15.

(1) Every person who (

a) files an application for homeowner assistance or renter assistance under this Act knowing that he is not then entitled to reeeive the homeowner assis tance or renter assistance applied for, or (

b) knowingly receives only homeowner assistance or renter assistance that he is not entitled to receive, or (

c) knowingly aids or abets any other person in a con travention of clause (

a) or (b), is guilty of an offence and liable on

summary conviction to a fine of not more than $100.

(2) A prosecution for an offence under this

section may be commenced within three years of the commission of the offence but not thereafter. 8

13. Delivery by municipality of periodic statements. 14. Payments by Government to the municipality re home owners assistance grants. 15. Offences and penalties. 8

(3) A person who is convicted of an offence under this

section is disqualified from receiving any further home owner assistance or renter assistance pursuant to this Act. 16. Where a person has received homeowner assistance or renter assistance that he is not entitled to receive, the amount of the homeowner assistance or the renter assist anC'e may be recovered by the Crown in right of Alberta from him by an action in debt. 17. The Lieutenant Governor in Council may make reg ulations (

a) defining any 'expression used in this Act and not defined herein; (

b) extending the time in which any of the provisions of this Act may be complied with; (c) (d) (e) (f) (

g) specifying the form of and the manner of complet ing any declaration by an owner of an eligible resi dence or a renter and specifying the form of the explanatory notes incidental thereto; specifying the form of and the manner of complet ing- any return or certified statement required by the Minister of Municipal Affairs, the Provincial Auditor or the Provincial Treasurer; respecting the payment by the Minister of Muni cipal Affairs of any amounts as homeowner as sistance or renter assistanC'e and directing to whom such amounts are to be or may be paid; governing applications for homeowner assistance or renter assistance and prescribing powers and duties of clerks and employees of the Department of Municipal Affairs in -connection with such ap plications; governing appeals to the Minister of Municipal Affairs under

section 11; (

h) prescribing any additional rules regarding eligib. ility or ineligibility for homeowner assistance or renter assistance for the purpose only of prevent ing two or more grants in any year being paid to the same person or in respect of the same eligible residence; (

i) providing for any proceeding, matter or thing for which 'express provision is not made in this Act or for which only partial provision is made; (

j) respecting any other matter necessary or advisable to carry out effectively the purposes of this Act. 9

16. Action for recovery of grants unlawfully obtained. 17. Regulations. 9

18. Notwithstanding any other Act, this Act applies to that part of the City of Lloydminster lying within the Provo inee of Alberta.

Section 116.1 of The Municipal Taxation Act applies with respect to a homeowner assistance grant made under this Act as if the reference in that

section to a homeowners tax discount under The Homeowners Tax Discount Act in· cluded a reference to a homeowner assistance grant. 20. This Act comes into force on the day upon which it is assented to and upon so coming into force shall be deemed to have been in force at all times on and after January 1, 1972. 10

18. Application of Act to Lloydminster. 19. AppHcation of

section 116.1 of The Municipal Taxation Act re tax discounts where an application is received for the Pro vincial homeowners tax discount. 10 Title: 1972 (17th, 1st) Bill 101, The Senior Citizens Shelter Assistance Act

Document details

Collection	Alberta — Bills
Citation	L17 S1 5082
Type	bill
Volume / chapter	L17 S1 5082
Language	en
Format	json
Source	PROVINCIAL
Identifier	813c76e01257af8de9f6f6f77676cc4a1a9ad108

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