Bill 50 (Legislature 11, Session 5)

L11 S5 6847

Alberta — Bills

Bill No. 50 of 1952. A BILL RESPECTING BLIND PERSONS ALLOW ANCES. NOTE. This is a new Act to be cited as "The Blind Persons Act". The Province and the Government of Canada recently entered into an agreement respecting the payment of allow ances to blind persons as a result of the repeal by Canada of the "Old Age Pensions Act". Pensions to blind persons were previously authorized as a part of the old age pen sions enactment of Canada and the Province. The Canadian Parliament after repealing the Old Age Pensions Act en acted provisions with respect to blind persons as a separate Act.

This new Act is enacted to authorize the carrying out in Alberta of the new scheme of blind persons allowances. Sections 1 and 2 are, respectively, the

short title and

interpretation sections.

Section 3 provides that the Minister may enter into an agreement with the Minister of National Health and Wel fare (Canada) in order to receive for Alberta the payments from Canada of amounts in respect of assistance under "The Blind Persons Act" (Canada). The amount to be paid by Canada in respect of any blind person will not exceed seventy-five per cent of forty dollars monthly, or of the amount paid by Alberta, whichever is the lesser.

Section 4 makes provision for the case where the Par liament of Canada amends, substitutes or adds new pro visions to its Act. In such an event the Minister is author ized to enter into any agreement likely to procure for the Province the benefits of any amendments, substitutions or additions so made to the Canadian Act.

Section 5 provides that if for any reason the Canadian Government ceases to make its contributions under the agreement and the Canadian Act, all allowances under this Act shall cease and no further payments made hereunder.

Section 6 provides that sums received by the Provin~~ from Canada under The Blind Persons Act (Canada) WIn be,come part of the General Revenue Fund of the Province.

Section 7 provides that where the Province pays allow ances and where later the Canadian Government refuses to pay them or claims that the allowances paid by Alberta were an over-payment, then, in such case, the allowance paid by Alberta becomes a debt owing the Crown.

Section 8 gives the Lieutenant Governor in Council power to make regulations.

Section 9 authorizes the appointment of officers to ad minister the Act.

Section 10 provides for the appointment of a Board. The Board is to consist of not less than three persons one of whom is chairman.

Section 11 sets out the duties of the Board, which include receiving applications, determining eligibility of applicants and directing payments to be made.

Section 12 provides that in certain cases the Board may appoint a trustee to receive the allowances for the benefit of the blind recipient who misuses or is likely to misuse his allowance. A recipient unable to handle his affairs may also have a trustee appointed on his behalf.

Section 13 declares that the allowance is not subject to alienation or transfer by the recipient, or attachment, or seizure in satisfaction of a claim against a recipient. These provisions are enacted to comply with the agreement entered into by the Province and Canada.

Section 14 provides that receipt of an allowance alone does not constitute a disqualification of a recipient for voting at a provincial Or municipal election-and is also enacted to com.ply with a term of the agreement between the Prov ince and Canada.

Section 15 creates offences and provides a penalty for the offences.

Section 16 provides that the payment of allowances and the expenses of administering the Act, shall be paid out of funds appropriated by the Legislature for that purpose. This Bill comes into force upon assent and is then retro active to the 1st day of January, 1952. J. W. RYAN, Acting Legislative Counsel. . (This note does not for'm any part of the Bill but is o:ffered ~n explanation of its p1·ovisions.)

BILL No, 50 of 1952,

An Act respecting Blind Persons Allowances, (Assented to , 1952.) HER MAJ~STy, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta enacts as follows: '

Short Title. 1. This Act may be cited as "The Blind Persons Act",

Short title

Interpretation. 2. In this Act, unless the context otherwise requires,- Int~rpre- ( ) " II " bl' d 'II tatlOn a a owance means a In person s a owance pro- "allowance" vided under this Act and the regulations to the persons and under the conditions specified in The Blind Persons Act (Canada) and the regulations made under it; (b) "Board" means the Board appointed pursuant to "Bo~rd"

section 10; (c) "inspector" means an inspector of the Department "inspector" of Public Welfare; (d) "Minister" means the Minister of Public Welfare; "Minister" (e) "recipient" means the person to whom an allowance "recipient" is granted; (f) "regulations" means regulations made under this "regulations" Act. 3.

The Minister, on behalf of the Government of Alberta, Minister with the approval of the Lieutenant Governor in Council, ~g~~e~~~~~ may enter into an agreement with the Minister of National ~~l~~:~~:s Health and Welfare (Canada), on behalf of the Government of Canada, to provide for the payment by Canada to Al- berta, in accordance with The Blind Persons Act (Canada) and the regulations made under it, of amounts in respect of allowances paid by Alberta pursuant to this Act and the regulations, not exceeding, in respect to any recipient, seventy-five per cent of forty dollars monthly or of the amount of the allowance paid by Alberta monthly to the recipient, whichever is the lesser. 4.

(1) In the event of the Parliament of Canada amend- Amendm~nt , b t't t' of Domimon lllg The Blind Persons Act (Canada) .or su s I u lng or legislation adding new provisions, the Minister with the approval of

Publication of orders in council 2 the Lieutenant Governor in Council, may enter into any agreement that may be deemed necessary or proper for the purpose of securing to Alberta the benefits of such amend ing 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 that may be deemed necessary, in order to adopt and make effective in Alberta any or all of the provisions that have been amended, substituted or added.

(2) An order in council made pursuant to this

section shall be published in The Alberta Gazette and shall be sub mitted to the Legislature at the next session held after such publication, within fifteen days of the commencement of that session, and upon publication shall have the same force and effect as if it had been enacted by this Act until the session of the Legislature to which it was submitted, and thereafter shall continue to have force and effect as aforesaid, unless it is disallowed by resolution passed at the session of the Legislature to whi,ch it is submitted. Can~da 5.

If for any reason the Government of Canada ceases ~~~~~~utions to make the contributions provided for under The Blind Persons Act (Canada) or fails to carry out the terms of the agreement made under the authority of this Act, all allowances under this Act shall cease thereafter, and no further payment of allowances shall be made. Sums paid Alberta part of General Revenue Fund Allowance debt due to the Crown Regulations 6. All sums paid by the Government of Canada to the Province of Alberta under the provisions of The Blind Persons Act (Canada) shall form part of the General Rev enue Fund of the Province. 7.

Where an allowance has been paid and the Govern ment of Canada,- (

a) refuses to pay any amount in respect thereof; (

b) rules that over-payments have been made to a re- cipient; the allowance paid to a recipient shall be considered a debt due to the Grown and recoverable from the recipient or his estate. 8. The Lieutenant Governor in Council may make regu ldtions,- (

a) governing the manner of making an application for an allowance; (

b) providing for the suspension or cancellation of an allowance; (

c) providing for the making of investigations by in spectors with respect to persons to whom an allow ance may be paid or by whom or on whose behalf application has been made for an allowance or who are in receipt of an allowance;

3 (

d) pres~ribin~ the material or proof of any fact, in cludIng eVIdence under oath, that is to be furnished before an allowance is paid; (

e) fixing the intervals at which, and the manner in which, an allowance is to be paid; (/) prescribing forms for use under this Act; (

g) respecting any other matter necessary or advisable to carry out effectively the purposes of this Act. 9. The Lieutenant Governor in Council subject to the Appointment provisions of The Public Service Act, 1947, may appoint of officers the offi,cers necessary for the proper administration of this Act. 10.

(1) The Lieutenant Governor in Council may ap- Board point a Board. authorized

(2) The Board shall consist of not less than three persons one of whom shall be designated chairman of the Board. 11. The Board shall,- (

a) receive the applications for allowances; (

b) determine the eligibility of each applicant for an allowance; (

c) determine the amount of the allowance and direct that payment be made accordingly. Duties of Board 12. If, in the opinion of the Board, a recipient,- Trustee authorized (

a) is using or is likely to use the allowance otherwise than for his own benefit; or (

b) is incapacitated, or is incapable of handlIng his affairs; the Board may appoint a trustee and direct that the allow ance be paid to such trustee for the benefit of the recipient. 13.

(1) An allowance is not subject to alienation or Seizure transfer by the recipient.

(2) An allowance is not subject to attachment or seizure in satisfaction of a claim against the recipient . . 14. T~e re~eipt ?f an allowB:n~e does not ~y itself con- ~~~rsg stItute dIsqualIficatIOn of a recIpIent for votIng at a pro- vincial or municipal election. • 15.

(1) No person knowingly shall obtain or receive an Offences allowance that he is not entitled to obtain or receive under this Act or the regulations.

(2) No person knowingly shall aid or abet another pe:- Idem son to obtain or receive an allowance that such person IS not entitled to obtain or receive under this Act and the regulations.

Penalties provided 4

(3) A person who violates subsections (1) or (2) of this

section is guilty of an offence and liable on

summary con viction to a penalty of not more than fifty dollars or to imprisonment for a term of not more than three months, or to both fine and imprisonment. Al!fW~~:e8 16. Allowances and the expenses of the administration ~~ovtd~d tor of this Act and the regulations shall be paid out of moneys appropriated therefor by the Legislature. Coming into force 17. This Act shall come 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 the first day of January, A.D. 1952.

No. 50. FIFTH SESSION ELEVENTH LEGISLATURE 1 Elizabeth II 1952 BILL

An Act respecting Blind Persons Allowances. Received and read the First time .. Second time ................. . Third time..... . .......... . HON. DR. CROSS. Title: 1952 (11th, 5th) Bill 50,

An Act respecting Blind Persons Allowances

Document details

Collection	Alberta — Bills
Citation	L11 S5 6847
Type	bill
Volume / chapter	L11 S5 6847
Language	en
Format	json
Source	PROVINCIAL
Identifier	d49b7ca2c6e8de4ff1f8efaa14d169ad01e99d11

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