Bill 209 — First Session, 19Th Legislature, 28 Elizabeth Ii the Legislative Assembly of Alberta Bill 209 An Act Establishing the Right To Sunlight (Legislature 19, Session 1)

L19 S1 4271

Alberta — Bills

1979 BILL 209 First Session, 19th Legislature, 28 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 209

AN ACT ESTABLISHING THE RIGHT TO SUNLIGHT MR. NOTLEY First Reading Second Reading Committee of the Whole Third Reading Royal Assent Printed by the Queen ’s Printer for the Province of Alberta, EDMONTON Title: 1979 (19th, 1st) Bill 209,

An Act Establishing the Right to Sunlight

Bill 209 Mr. Notley BILL 209 1979

AN ACT ESTABLISHING THE RIGHT TO SUNLIGHT (Assented to , 1979)

WHEREAS it is hereby recognized and declared that citizens of Alberta should have protection of existing access to sun light, in order to preserve the horticultural, psychological, solar energy and other benefits accruing therefrom; THEREFORE HER MAJESTY, by and with the advice and con sent of the Legislative Assembly of Alberta, enacts as follows: 1. No person shall erect any permanent structure, or retain any temporary structure for more than a period of 90 days, on land in such a way that the structure impedes direct sunlight on to property of another person unless (

a) he has the consent of the other person, (

b) the structure was legally under construction on July 1, 1979, (

c) the land on which the structure is located and the land on which the sunlight is impeded are zoned for multi-storey residential or multi-storey commercial development, or (

d) the right to sunlight through the structure on to the other property has been expropriated pursuant to The Expro priation Act. 2. The right to unobstructed flow of sunlight on to property existing as at July 1, 1979, is an interest in land and may be dealt with as such pursuant to The Land Titles Act. 3.

(1) The Planning Act, 1977, is amended by this section.

(2) The following is added after

section 75: 75.1 No development permit for a structure shall be issued after July 1, 1979, unless the applicant files with the application a statement that the structure will not infringe The Right to Sun light Act and a copy of every consent to an impedance of direct sunlight onto land that has been obtained from the owner of that land pursuant to that Act.

Explanatory Notes 1. Structures impeding sunlight forbidden, exceptions. 2. Sunlight flow is an interest in land. 3. 1977,

chapter 89.

(1) A person may require an owner of land to cut or trim any tree, bough, hedge or other natural growth that (

a) is on the owner’s land, (

b) casts a shadow on his land to a greater extent than on July 1st, 1979, subject to

section 5, (

c) has not been the subject of a consent in writing by him at any time.

(2) An owner who refuses to comply with a request made pursuant to subsection (1) commits an offence. 5. This Act does not apply to an impedance of sunlight that casts a shadow on less than 10% of the horizontal surface area of the other land at maximum shadow, or falls upon the land for less than 2 hours of each day, in both cases measured at the spring or fall equinox. 6. This Act does not apply to any structure in respect of which a development permit was granted prior to July 1, 1979. 7. This Act binds the Crown. 8. Every person who infringes any provision of this Act com mits an offence punishable on

summary conviction. 9. This Act may be cited as The Right to Sunlight Act. 10. This Act comes into force on the day upon which it is assented to. 2

4. Cutting of natural growth to limit shadow. 5. Applicability of Act in cases of partial shadow. 6. Applicability of Act to certain structures. 7. Binds Crown. 8. Offences. 9.

Short title. 2 Title: 1979 (19th, 1st) Bill 209,

An Act Establishing the Right to Sunlight

Document details

Collection	Alberta — Bills
Citation	L19 S1 4271
Type	bill
Volume / chapter	L19 S1 4271
Language	en
Format	json
Source	PROVINCIAL
Identifier	ddc4c69280c4427877ba9a9dd1e11600c5235c55

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