Bill 45 (Legislature 14, Session 5)

L14 S5 1782

Alberta — Bills

No. 45 5th Session, 14th Legislature, Alberta 11 Elizabeth II BILL 4S A Bill res.pecting the Oper·ation of ~lfare Homes HON. MR. HALMRAST Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1963

Explanatory Note General-At the present time the regulation and licensing of various types of homes and institutions are governed under several Acts and supervised by different officials. This Bill proposes to bring the regulation and licensing of these homes and institutions under one Act to be administered Iby a Director of Welfare Homes. The proposed new Act would replace certain provisons in The Public Welfare Act, The Homes for the Aged Ad and The Child Welfare Act. 2.

Definitions of terms used in Act. 3. Authority for the appointment of the Director of Welfare Homes and other employees required to 'administer the Act. 4. Homes caring for four or more persons are required to be licensed under the Act. s. Application for a licence.

BILL No. 45 of 196,3

An Act respecting the Operation of Welfare Homes (Assented to , 1963) HER MAJESTY, by and with the advice and consent of the Legislative Assembly ill the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Welfare Homes Act". 2. In this Act, (a) "Director" means the Director of Welfare Homes appointed under this Act; ( b) "home" means (

i) a home or place of care for persons who are aged Dr infirm or who require special care, in cluding a nursing home, but not including an auxiliary hospital or a general hospital to which The Alberta Hospitals Act applies, (ii) an institution Dr nursery, an obseTvation home and a shelter, all as defined in The Child Wel fare Act, and (iii) a hostel or other establishment operated to prDvide accommodation and maintenance for unemployed or indigent persons; (c) "Minister" means the Minister of Public Welfare; (d) "municipality)' means a city, town, village, new town, county, municipal district, improvement dis trict or s,pecial area. 3.

Subject to The Public Service Act, 1962, there may be appointed a Director of Welfare Homes and such other officers, clerks and employees as are necessary fDr c'arry ing out the provisions of this Act. 4.

(1) No. munidpality, agency Dr persDn shall operate a home providing accommodation or care fDr fDur or more persons unless he holds a subsisting licence issued by the Director under this Act.

(2) The Minister may, in his discretion, exempt any home from complying with this section. 5.

(1) An application for a licence shall be made, in writing, to the Director, shall state the maximum number Df

2 8. 'Refusal of licence. 7. Suspension or cancellation of licence. 8. Appeal to Minister when a licence is refused, suspended or cancelled. 9.

(1) Homes required to keep books and records.

(2) Right of inspectors to enter homes to examine the premises and books. 10. Penalty section.

2 persons it is intended to' accommO'date in the hO'me and shall be aC'companied by a licence fee 'Of 'One dO'llar.

(2) Unless sO'O'ner cancelled, a licence expires O'n the anniversary date in the year fQllO'wing the year in which it was issued.

(3) A licence shall state the maximum numiber O'f persons whO' may he accommO'dated in the hO'me. 6. The DirectO'r, in his discretiO'n, may refuse to issue a licence to' any municipality, agency O'r persO'n O'r in respect O'f any,hO'me. 7. Where it appears to' the DirectO'r that (

a) a licence hO'lder is nO't giving adequate care to' a persO'n accO'mmO'da ted in his hO'me, O'r (

b) the premises described in a licence have become unfit O'r unsuitable fO'r the purpose authO'rized iby the licence, 'Or (

c) the number O'f persO'ns accO'mmO'dated in the hO'me exceeds the number specified in its licence, or (

d) a licence holder has cO'ntravened this Act O'r the regula tiO'ns O'r any O'ther Act O'r the regulations thereunder that applies to' hO'mes, the DirectO'r may, O'n thirty days' nO'tice in writing to' the licence hO'lder, cancel O'r suspend the licence. 8. A municipality, agency or persO'n may appeal to' the Minister against a refusal to' issue a licence O'r against the suspension 'Or cancellatiO'n O'f a licence and the Minister, in his discretiO'n, may (

a) cO'nfirm the refusal, suspensiO'n O'r cancellatiO'n, O'r (

b) O'rder that the licence be issued O'r reinstated, either uncO'nditiO'nally O'r subject to' such cO'nditiO'ns as the Minister may prescribe. 9.

(1) Every operatO'r O'f a hO'me shall keep such boO'ks and recO'rds and in such fO'rm as the DirectO'r may pre scribe.

(2) An inspectO'r appointed by the Minister fO'r the pur PO'se may at all reasO'nable times enter UPO'n any buildings and grounds operated as a hO'me and may examine the premises and caU fO'r and examine any bO'oks and recO'rds kept in cO'nnectiO'n with the operatiO'n O'f the home. 10. A .persO'n (

a) whO' operates a hO'me withO'ut being the holder O'f a SUbsisting licence to' dO' sO', O'r (

b) whO' prevents O'r attempts to' prevent an inspectQr frO'm making an entry O'r examinatiO'n as authO'rized by sutbse'ctiO'n

(2) O'f sectiO'n 9, or (

c) whO' cO'ntravenes this Act O'r the regulatiO'ns,

3 II. Authority of Lieutenant Governor in Council to make regulations. 12. Authority of the Minister to acquire and operate hostels, homes, etc., and to provide for the care and rehabilitation of persons. 13. Repeal of Acts or parts of Acts that are no longer required or that are replaced by the provisions of the proposed new Act.

3 is guilty of an Qffence and liable Qn

summary cQnvictiQn to' a fine Qf not more than Qne hundred dollars and in default Qf payment to' imprisonment for a term nQt exceeding sixty days. 11. The Lieutenant GQvernor in CQuncil may make regulatiQns applicable to' homes Qr different classes Qr types Qf hQmes, (

a) respecting the admissiQn of perSQns to' hQme's, (

b) respecting the standards of accommodation to' ibe provided and maintained in hQmes, (

c) respecting the standards of care to' be prQvided in hQmes, (

d) respecting the emplQyment of staff in hQmes, (

e) establishing different categQries Qf licences for homes, and (

I) res:pecting such Qther matters as are deemed neces sary fQr the proper carrying Qut Qf this Act. 12. The Minister, out Qf the mQneys apprQpriated by the Legislature fQr the purpQse, may acquire, maintain and Qperate hQstels, nursing homes, institutiQns and nurseries and Qtherwise IprQvide fQr the care, rehabilitatiQn and training of children Qr Qf perSQns whO' are unemplQyed, Qr aged or infirm, or whO' require special care. 13.

(1) The Public Welfare Act, being

chapter 268 of the Revised Statutes, is ,amended (

a) as to' se'ctiQn 2 by striking Qut clauses (

d) and (m), (

b) iby striking Qut sectiQns 4 and 5, (

c) as to'

section g,6 by striking Qut the words ", and without limiting the generality of the fQregQing may make regulatiQns" and clauses (a), (

b) and (c).

(2) The Home for Aged or Infirm Act, being

chapter 141 Qf the Revised Statutes, is repealed.

(3) The Homes for the Aged Act, being chap,ter 29 Qf the Statutes Qf Alberta, 1959, is amended (

a) as to' sectiQn 2 by striking Qut clause (j), (

b) as to'

section 11 by striking Qut clauses (

f) and (g), (

c) by striking nut sectiQns 14 and 15.

(4) The Child Welfare Act, being

chapter 39 of the Re vised Statutes, is amended (

a) as to'

section 18 by striking out the wQrds ", and sueh accQmmQdatiQn and care shall be subject to. the approval of the CommissiQn", (

h) as to. sectiQn 19 by striking out subsectiQns (2) and (3) , (

c) iby striking Qut sectiQn 49, (

d) as to' sectiQn 50 by striking Qut subsectiQns (6) to' (9a) and by substituting the fQllowing:

(6) The Superintendent Qr worker appointed by

4 14. Commencement of Act.

4 the Commission for the purpose may ·enter an in stitution or nursery at any time and call for and examine the records kept by the institution or nursery.

(7) The person in charge of every institution or nursery shall, by the first day of March in each year, provide the Com·mission with a report setting forth the full name of every child in the institution or nursery on the thirty:"'first day of December of the .pre'ceding calendar year and of every child who was in the institution at any time during that calendar year. (8) any person (

a) whQ prevents or attempts to prevent a person from making an entry or examination as authorized by subsection (6), or (

b) who contravenes this section, is guilty of an offence and liable on

summary con viction to a fine of not more than .one hundred dol lars and in default of payment to imprisonment for a term not exceeding sixty days. (

e) as to

section 56, subsection (2) by striking out the word "Commission" and by substituting the words "DirectQr of Welfare Homes", (

f) as to

section 65, clause (

a) by striking out the words "established hereunder", (

g) as to

section 71hy striking out clauses (

b) and (c). 14. This Act comes into force on the first day of July, 1963.

No. 45 FIFT'H SESSION FOURTEENTH LEGI'SLA TURE 11 ELIZABETH II 1963 BILL

An Act respecting the Operation of Welfare Homes Received and read the First time Second time ..................................... . Third time ....................................... . HON. MR. HALMRAST Title: 1963 (14th, 5th) Bill 45,

An Act respecting the Operation of Welfare Homes

Document details

Collection	Alberta — Bills
Citation	L14 S5 1782
Type	bill
Volume / chapter	L14 S5 1782
Language	en
Format	json
Source	PROVINCIAL
Identifier	bf7c341ccec37284469292f45e6826ee311bcf2a

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