HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “day
care centre” means a facility defined in the regulations as a day care centre
for the purposes of this Act;
(b) “day
care facility” means a day care centre and any other facility defined in the
regulations as a day care facility for the purposes of this Act;
(c) “director”
means an individual designated by the Minister as a director for the purposes
of this Act;
(d) “licence”
includes a conditional licence;
(e) “local
authority” means
(i) a city, town, village, municipal district or Metis settlement,
(ii) the Minister responsible for the Municipal Government Act, in the case of an improvement district,
or
(iii) the Minister responsible for the Special Areas Act, in the case of a special area;
(f) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(g) “private
babysitting facility” means a facility in the private residence of the person
operating the facility at which care is provided for children, some or all of
whom are children of persons other than the person operating the facility;
(h) “social
care facility” means
(i) a place of care for persons who are aged or infirm or who require
special care,
(ii) a day care facility,
(iii) a private babysitting facility,
(iv) a building or part of a building, other than a home maintained by
a person to whom the children living in that home are related by blood or
marriage or by virtue of an adult interdependent relationship, in which care,
supervision or lodging is provided for 4 or more children under the age of 18
years, but does not include a place of accommodation designated by the Minister
as not constituting a child caring institution, or
(v) a hostel or other establishment operated to
provide accommodation and maintenance for unemployed or indigent persons.
RSA 2000 cS‑10
s1;2002 cA‑4.5 s74
Application of Act
2 This Act does not apply to
(a) a
nursing home under the Nursing Homes Act,
(b) lodge
accommodation as defined in the Alberta
Housing Act,
(c) an
approved hospital under the Hospitals Act,
or
(d) a residential facility as defined in Part 3
of the Child, Youth and Family Enhancement Act.
RSA 2000 cS‑10
s2;2003 c16 s117
Designation of director
3(1) The Minister may designate one or more
individuals as directors for the
purposes of this Act.
(2) A director may delegate any of the duties
imposed or powers conferred on the director under this Act, including the power
to form an opinion and to delegate or subdelegate, to any person or government.
RSA 1980 cS‑14
s3;1981 c58 s2;1996 cC‑7.3 s25
Licence required
4(1) Subject to subsections (2) and (3), no person
shall operate a social care facility providing accommodation or care for 4 or
more persons unless that person holds a subsisting licence issued by a director
under this Act.
(2) The operator of a private
babysitting facility does not require a licence under subsection (1) as long as
not more than 6 of the children for whom care is provided, including the
operator’s children, if any, are under 12 years of age.
(3) The
operator of a social care facility does not require a licence under subsection
(1) if
(a) the
facility is an exempted facility as described in the regulations, and
(b) the operator has complied with any
conditions prescribed in the regulations for an exemption from licensing.
RSA 1980 cS‑14
s4;1994 c45 s3;1996 cC‑7.3 s25
Prohibition
5 No person operating a private
babysitting facility shall provide care for more than 3 children under 2 years
of age, including the operator’s own children.
1994 c45 s3
Application for licence
6(1) An application for a licence shall
(a) be
made to a director in any form that the director may prescribe,
(b) state
the maximum number of persons intended to be accommodated or cared for in the
social care facility, and
(c) be
accompanied with a licence fee in the amount prescribed by the regulations.
(2) On
considering an application for a licence, a director may
(a) issue
a licence,
(b) issue
a conditional licence, or
(c) refuse
to issue a licence.
(3) Unless
otherwise specified, the term of a licence is one year from the date of its
issue.
(4) A
licence issued under this Act shall
(a) identify
the social care facility that may be operated under the licence, and
(b) state
(i) the name of the person who may operate the social care facility,
(ii) the maximum number of persons who may be accommodated or cared
for in the social care facility,
(iii) the term of the licence, if the term is other than one year from
the date of issue, and
(iv) in the case of a conditional licence, the conditions to which the
conditional licence is subject.
(5) The
holder of a licence or conditional licence issued under subsection (2) shall
post the licence or conditional licence in a prominent place in the social care
facility to which it applies.
(6) No
person shall cover up, mutilate or deface a licence or conditional licence
referred to in subsection (5) during the time it is posted.
(7) No person shall without the written permission
of a director remove a licence or conditional licence posted under subsection
(5).
RSA 1980 cS‑14
s5;1996 cC‑7.3 s25
Inspection
7(1) Subject to subsection (2), for the purposes of
ensuring compliance with this Act or the regulations or any order made under
this Act or the regulations or with a conditional licence, a director may with
the permission of the holder of the licence for, or the operator of, the social
care facility concerned,
(a) at
any reasonable hour enter a social care facility and inspect that social care
facility;
(b) require
the production of any books, records or other documents and may 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, medication or equipment being used in a
social care facility;
(d) perform
tests, take photographs or make recordings, as the case may be, in respect of a
social care facility.
(2) For
the purpose of carrying out a director’s duties under subsection (1) in respect
of a day care centre, the director may enter a day care centre notwithstanding
that permission to do so has not been granted.
(3) When
a director removes any books, records or other documents under subsection
(1)(b), the director shall
(a) give
to the person from whom those items were taken a receipt for those items, and
(b) forthwith
make copies of, take photographs of or otherwise record those items and
forthwith return those items to the person to whom the receipt was given.
(4) When
a director takes samples of any material, food, medication or equipment under
subsection (1)(c), the director shall
(a) give
to the person from whom those items were taken a receipt for those items, 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.
(5) If
permission is refused or cannot be reasonably obtained under subsection (1) or
a person interferes with a director performing the director’s duties in respect
of a day care centre, the director may apply to the Court of Queen’s Bench by
way of originating notice for an order that the director may, for the purpose
of subsection (1) or (2), as the case may be,
(a) at
any reasonable hour enter the social care facility and inspect that social care
facility,
(b) require
the production of any books, records or other documents 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, medication or equipment being used in
the social care facility, and
(d) perform
tests, take photographs or make recordings, as the case may be, in respect of
the social care facility,
and the Court may, on
being satisfied that the order is necessary for the purpose of this section,
make any order that it considers appropriate.
(6) An application under subsection (5) may be made
ex parte, if the Court considers it proper to do so.
RSA 1980 cS‑14
s6;1981 c58 s2;1996 cC‑7.3 s25
Order after inspection
8 When a director inspects a social care facility
and is of the opinion that
(a) the
provisions of this Act or the regulations or of an order or of a conditional
licence are not being complied with, or
(b) the
social care facility is not providing proper care,
the director may in writing order the person operating that
social care facility to take measures as specified in the order within the time
limits specified in the order.
RSA 1980 cS‑14
s7;1981 c58 s2;1996 cC‑7.3 s25
Suspension or
cancellation of licence
9(1) When a director is of the opinion that
(a) a
licence holder is not providing proper care to a person accommodated or cared
for in the licence holder’s social care facility,
(b) the
premises described in the licence have become unfit or unsuitable for the
purpose authorized by the licence,
(c) the
number of persons accommodated or cared for in the social care facility exceeds
the number specified in its licence, or
(d) a
licence holder has not complied with the provisions of
(i) this Act or the regulations,
(ii) a conditional licence,
(iii) an order made under section 8, or
(iv) any other Act or regulation that applies to a social care
facility,
the director may, on
30 days’ notice in writing to the licence holder, cancel or suspend the
licence.
(2) On
receiving a notice under subsection (1), the licence holder shall forthwith
provide to the director a list of
(a) the
names and addresses of persons being accommodated or cared for in the social
care facility, and
(b) the
names and addresses of the relatives, guardians or committees of the persons
being accommodated or cared for in the social care facility, if those names and
addresses are kept on record by the licence holder.
(3) When
a notice has been given under subsection (1), the director shall
(a) post
a notice of the cancellation or suspension in the social care facility, and
(b) on
receiving the list referred to in subsection (2), notify those persons on the
list by registered mail of the cancellation or suspension of the licence.
(4) No
person shall cover up, mutilate or deface a notice referred to in subsection
(3)(a) during the time the notice is posted.
(5) No person shall without the written permission
of the director remove a notice posted under subsection (3)(a).
RSA 1980 cS‑14 s8;1996
cC‑7.3 s25
Appeal
10(1) A person
(a) who
has been refused a licence under section 6(2), or
(b) whose
licence has been cancelled or suspended under section 9,
may appeal the
refusal, cancellation or suspension by serving the Minister with a notice of
appeal within 30 days after being notified in writing of the refusal,
cancellation or suspension.
(2) The
Minister shall, within 30 days after being served with the notice of appeal,
appoint an appeal board to hear the appeal.
(3) The
Minister may set the time within which the appeal board is to hear an appeal
and render a decision and the Minister may extend that time.
(4) An
appeal board that hears an appeal under this section may by order either
(a) confirm
the refusal, cancellation or suspension,
(b) direct
that a licence or renewal of a licence be issued,
(c) reinstate
the cancelled licence, or
(d) remove
or vary the suspension.
(5) An
appeal board appointed under this section shall consist of 3 members, none of
whom shall be employees of the Government or of a local authority.
(6) The
Minister shall designate one of the members of the appeal board as chair.
(7) The
Minister may pay those fees and reasonable living and travelling expenses that
the Minister considers proper to the members of an appeal board.
(8) The director or the person whose appeal is
heard by an appeal board may appeal the decision of the appeal board by filing
an originating notice with the Court of Queen’s Bench within 30 days after
being served with the order made under subsection (4) and the Court may make
any order that an appeal board may make under subsection (4).
RSA 1980 cS‑14
s9;1996 cC‑7.3 s25
Issue of stop order
11(1) If a director is satisfied that any person has
contravened or is contravening this Act or a regulation or order under this
Act, the director may issue an order, called in this section a “stop
order”, to that person in accordance
with subsection (2).
(2) In
a stop order the director may require that the person to whom it is directed do
one or more of the following:
(a) cease
the contravention specified in the order;
(b) stop
any activity occurring at a social care facility;
(c) stop
the operation of a social care facility;
either permanently or
for a specified period, and the stop order shall contain the reasons for making
it.
(3) Not
more than 48 hours after making a stop order, the director shall cause a copy
of it to be served on the person to whom it is directed, and on receipt of the
copy, the person to whom the stop order is directed shall comply with the order
forthwith.
(4) A
person to whom a stop order is directed shall inform the director, in writing,
of the name and address
(a) of
each person receiving care in the social care facility, and
(b) if
applicable, of the guardian of any person receiving care in the social care
facility.
(5) A
person to whom a stop order is directed who fails to comply with the order
forthwith on service of a copy of it on the person or subsequently, is guilty
of an offence and liable to a fine of not more than $200 for each day that the
offence continues.
(6) If
the person to whom a stop order is directed fails to comply with the order
forthwith on service of a copy of it on the person or subsequently, the
director may apply to the Court of Queen’s Bench by way of originating notice
for an order of the Court directing
(a) that
person to comply with the stop order, and
(b) any
peace officer to assist the director and other persons referred to in
subsection (7)(b) in enforcing their powers and duties under subsection (7)(b).
(7) If
the person 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 (6) on the person or subsequently,
(a) the
failure to comply with the stop order may be dealt with by the Court as in the
case of 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 on the social care facility and do any acts
that are necessary to carry out the stop order, and
(c) the
director may recover by action any expenses incurred in carrying out the stop
order under clause (b) from the person to whom the stop order was directed.
(8) A
person to whom a stop order is directed may appeal to the Court of Queen’s
Bench
(a) by
filing a notice of appeal with the clerk of the Court, and
(b) by
serving a copy of the notice of appeal on the director,
both within 15 days
from the date on which the stop order was served on that person.
(9) A
judge of the Court of Queen’s Bench may extend the time for filing or service
under subsection (8).
(10) On
an appeal under subsection (8), the Court of Queen’s Bench shall
(a) inquire
into all matters leading to the making of the stop order,
(b) determine
whether, in its opinion, there were sufficient grounds for the making of the
stop order, and
(c) confirm,
amend or revoke the stop order.
(11) This section applies whether or not the
contravention of the Act, regulation or order concerned constitutes an offence
and whether or not a conviction has been adjudged for the offence.
RSA 1980 cS‑14
s10;1996 cC‑7.3 s25
Regulations
12 The Lieutenant Governor in Council may make
regulations
(a) classifying
social care facilities;
(b) governing
the licensing of social care facilities;
(c) governing
the operation of social care facilities;
(d) governing
the admission of persons to social care facilities;
(e) governing
the standards of care to be provided in social care facilities;
(f) respecting
the employment of persons in social care facilities;
(g) prescribing
qualifications to be met by persons employed in social care facilities;
(h) governing
the standard of accommodation to be provided and maintained in a social care
facility;
(i) defining
day care centre and day care facility for the purposes of this Act;
(j) permitting
a person to operate a social care facility without obtaining a licence under
this Act;
(k) describing
categories of social care facilities as exempted facilities for the purposes of
section 4(3);
(l) prescribing
conditions for an exemption from licensing under section 4(3);
(m) prescribing
licence fees;
(n) prescribing the books, records and other
documents that a licence holder must maintain.
RSA 1980 cS‑14
s11;1987 c34 s3;1991 c21 s36;1996 cC‑7.3 s25
Service of notice or
order
13 When an order is made under section 8 or 10 or
under the regulations, or a notice is given under section 9(1), that order or
notice, as the case may be, shall be served
(a) by
personal service on the person to whom it is made,
(b) by double
registered mail if the post office receipt for the envelope containing the
order is signed by the person to whom the order is made, or
(c) as directed by a judge of the Court of
Queen’s Bench.
RSA 1980 cS‑14 s12
Awarding of costs
14 When an application is made to a court under
section 7(5) or an appeal is made under section 10(8), the court may make any
award as to costs it considers proper.
RSA 1980 cS‑14 s13
Offence and fine
15 A person who contravenes this Act or the
regulations or fails to comply with an order made under this Act or the
regulations is guilty of an offence and liable to a fine of not more than $500
and in the case of a continuing offence, to a further fine of not more than
$100 for each day in whole or in part during which the offence continues after
the first day.
RSA 1980 cS‑14 s14
