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AR 107/2016 SENIORS' HOME ADAPTATION AND REPAIR REGULATION

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ALBERTA REGULATION 107/2016

Seniors’ Home Adaptation and Repair Act

SENIORS’ HOME ADAPTATION AND
REPAIR REGULATION

Table of Contents

                1      Interpretation

                2      Application

                3      Loan requirements

                4      Approval of loan

                5      Terms and conditions of loan

                6      Maximum loan value

                7      Equity in eligible residence

                8      Grant requirements

                9      Maximum grant value

              10      Payments

              11      Ownership interests

              12      Application deadline

              13      Review

              14      Payments to trustee or power of attorney

              15      Payments to a third party

              16      Accounting

              17      Notice of change in eligible residence

              18      Cancellation of certain contracts

              19      Address of supplier unknown

              20      Collection of information

              21      Consequential amendment

              22      Coming into force



Schedule

Interpretation

1(1)  In this Regulation,

                               (a)    “adaptation” means a structural modification to the exterior or interior of an eligible residence that is designed to improve, modernize or increase the usefulness of the eligible residence and includes

                                        (i)    the purchase of material for that purpose,

                                      (ii)    the relocation of any equipment, and

                                     (iii)    the modification of all or any parts of any plumbing, heating, ventilating, air conditioning, sewage disposal, water supply or electrical system;

                              (b)    “benefit year” means July 1 in one year to June 30 of the following year;

                               (c)    “program” means the Seniors’ Home Adaptation and Repair Program;

                              (d)    “renovation” means any modification to an eligible residence that improves

                                        (i)    the maintenance or structural integrity of the residence,

                                      (ii)    the health, safety or mobility of the occupants of the residence, or

                                     (iii)    the energy efficiency of the residence;

                               (e)    “repair” means to restore to good working order any portion of an eligible residence that has been damaged or is defective or broken;

                               (f)    “senior couple” means 2 individuals who are the spouses or adult interdependent partners of each other and at least one of whom is an eligible owner.

(2)  In this Regulation, subject to any applicable deductions set out in subsection (3), “total income” means

                               (a)    in respect of an owner or each individual in a senior couple,

                                        (i)    the total income shown on line 150 of the Notice of Assessment in respect of the income tax return filed by the person under the Income Tax Act (Canada), or

                                      (ii)    if a Notice of Assessment is not available, the amount that is determined by the Minister using the same income information that would have been used by the person to report total income on line 150 of an income tax return,

                              (b)    in respect of a senior couple, the sum of the 2 individuals’ total incomes determined in accordance with clause (a), and

                               (c)    in respect of a senior couple where the 2 individuals have jointly elected to split pension income, the sum of

                                        (i)    the amount shown on line 150 of the Notice of Assessment less the amount shown on line 210 of the income tax return filed under the Income Tax Act (Canada) by the individual who is receiving the pension, and

                                      (ii)    the amount shown on line 150 of the Notice of Assessment in respect of the income tax return filed under the Income Tax Act (Canada) by the other individual,

                                       where the amount deducted on line 210 of the income tax return filed for the individual who is receiving the pension and the amount claimed on line 116 of the other individual’s income tax return are the same.

(3)  The following amounts are deductions for the purposes of calculating total income:

                               (a)    the amount shown on line 125 of each individual’s income tax return for Registered Disability Savings Plan income;

                              (b)    the supplementary accommodation assistance component of the benefit under the Seniors Benefit Act General Regulation (AR 213/94) paid and claimed on the previous year’s income tax return filed by the individual;

                               (c)    the Canada Pension Plan Death Benefit claimed on the income tax return filed by the individual;

                              (d)    any other amount determined by the Minister.

Application

2(1)  An application for a loan or grant under the program must be made in accordance with this section.

(2)  An application under this section must be in the form approved by the Minister and must be signed by

                               (a)    an owner who meets the requirements set out in section 2(1) of the Act,

                              (b)    the spouse or adult interdependent partner of an owner referred to in clause (a), and

                               (c)    all the other owners, if any, of the eligible residence.

(3)  Information submitted in an application under this section may be used to determine whether an owner is eligible to receive a loan or a grant under the program.

(4)  If the requirements for a loan under the Act and this Regulation are met, a loan may be made for a repair, renovation or adaptation of the owner’s eligible residence.

(5)  If the requirements for a loan are not met, the application may be reviewed to determine if the requirements under the Act and this Regulation for a grant under the program are met.

(6)  If the requirements under the Act and this Regulation for a grant under the program are met, a grant may be made for a repair of the owner’s eligible residence.

Loan requirements

3(1)  For the purposes of section 2(1)(a)(iii) and (b)(iv) of the Act, an owner must meet each of the following requirements:

                               (a)    the owner must be a Canadian citizen or be lawfully admitted to Canada for permanent residence;

                              (b)    the owner must be an Alberta resident and have been an Alberta resident for at least 3 months immediately preceding the date on which the application is received;

                               (c)    the total income of the owner or senior couple must be $75 000 or less;

                              (d)    the owner must provide the Minister with any information required by the Minister in respect of the application.

(2)  The Minister may in exceptional circumstances, after taking into consideration all of the relevant factors, except an owner from the age requirement specified in section 2(1)(a)(ii) or (b)(iii) of the Act.

(3)  A loan may not be made if

                               (a)    there is only one eligible owner and the eligible owner is an inmate of a correctional institution as defined in the Corrections Act or of a prison as defined in the Criminal Code (Canada), or

                              (b)    the total value of the repair, renovation or adaptation eligible for the loan is less than $500.

Approval of loan

4(1)  If the Minister is satisfied that the requirements of the Act and this Regulation for a loan have been met, the Minister may approve the application.

(2)  Where the Minister approves an application for a loan, the application form signed by the owners referred to in section 2(2) constitutes the Seniors’ Home Adaptation and Repair Loan Agreement.

Terms and conditions of loan

5   A loan is subject to terms and conditions set out in the Seniors’ Home Adaptation and Repair Loan Agreement referred to in section 4(2) in respect of the following:

                               (a)    authorizing the Minister to register a caveat or impose a charge on an interest in the property that is an eligible residence;

                              (b)    setting out requirements for an owner to notify the Minister of the death of an owner or when the property is transferred or encumbered;

                               (c)    establishing when or in what circumstances an eligible owner is to repay the loan or part of the loan, together with interest;

                              (d)    specifying the extent to which an owner will be liable for costs or expenses to the Minister where an action for recovery or enforcement is commenced;

                               (e)    stipulating whether the rights or benefits in a loan agreement may be assigned;

                               (f)    specifying the form or extent of insurance that must be maintained or provided to the Minister;

                               (g)    respecting the consequences of an owner providing false or misleading information;

                              (h)    authorizing the Minister to collect, use, share or disclose personal information relating to the application for a loan in certain circumstances;

                               (i)    confirming that an owner has reviewed certain information in respect of the loan application or the administration of the program;

                               (j)    confirming that an owner is aware of the cancellation rights under the Act;

                              (k)    stipulating in what circumstances a loan may be made to an owner;

                               (l)    specifying that the loan payments may be made by a lump sum or by instalment;

                             (m)    any other terms and conditions, as determined by the Minister, for the purposes of approving or providing the loan, set out in the Seniors’ Home Adaptation and Repair Loan Agreement.

Maximum loan value

6   The maximum loan amount that may be owing at any time by an eligible owner or senior couple is $40 000, excluding interest.

Equity in eligible residence

7(1)   For the purposes of section 2(2)(a) of the Act, the prescribed percentage is 25%.

(2)  For the purposes of section 2(2)(a) of the Act, the owners’ equity in the eligible residence expressed as a percentage of the value of the eligible residence is determined by the following formula:

E% = (A ‑ [B + L]) x 100
                  A

where

                            E%      is the owners’ equity in the eligible residence;

                               A      is the most recent assessment of the eligible residence as shown on the assessment roll prepared under the Municipal Government Act or The Lloydminster Charter (AR 212/2012);

                               B      is the total amount of encumbrances outstanding in respect of the eligible residence;

                               L      is the amount of the loan requested.

Grant requirements

8(1)   For the purposes of section 5(1)(f) of the Act, an owner must meet each of the following requirements:

                               (a)    the owner must be a Canadian citizen or be lawfully admitted to Canada for permanent residence;

                              (b)    the owner must be an Alberta resident and have been an Alberta resident for at least 3 months immediately preceding the date on which the application is received;

                               (c)    the total income of the owner or senior couple must not exceed the income thresholds for single seniors and senior couples to qualify for primary funded items provided under section 8.1(1) of the Seniors Benefit Act General Regulation (AR 213/94);

                              (d)    the owner must have completed an application in the form provided under section 2(1) of the Seniors Benefit Act General Regulation (AR 213/94).

(2)  A grant may be made only if the total value of the repair eligible for the grant is a minimum of $500.

(3)  A grant may not be made to an eligible owner who is an inmate of a correctional institution as defined in the Corrections Act or of a prison as defined in the Criminal Code (Canada).

(4)  The Minister may by order designate

                               (a)    additional eligibility criteria, factors and conditions that must be met in respect of a repair to be paid for by a grant,

                              (b)    the maximum number of repairs in respect of which grants may be made and the frequency with which grants may be made to any eligible owner or senior couple, either annually or in a lifetime, or both, and

                               (c)    the maximum amount that may be paid for each repair.

Maximum grant value

9   The maximum amount that an eligible owner or senior couple is eligible to receive as a grant under this Regulation, either through a single grant or multiple grants, is

                               (a)    $5000 each benefit year, and

                              (b)    $15 000 in a lifetime.

Payments

10   The Minister may provide for the payment of a grant in a lump sum or by instalments at the times the Minister considers appropriate.

Ownership interests

11(1)  For the purposes of section 2(1)(a)(i) and (b)(i) and section 5(1)(b)(i) of the Act, a lease of public lands granted by the Minister responsible for the National Parks of Canada Lease and Licence of Occupation Regulations (SOR/92‑25) is an ownership interest in the land of an eligible residence.

(2)  For the purposes of section 5(1)(b)(iv) of the Act, an ownership interest in an eligible residence includes

                               (a)    an interest in the eligible residence by a settlement member who is the holder of Metis title in accordance with the Metis Settlements Act, and

                              (b)    any other interest in the eligible residence determined by the Minister.

Application deadline

12(1)  The owners of an eligible residence are ineligible to receive a loan in respect of a repair, renovation or adaptation that was completed more than 12 months prior to the date the application for the loan was received by the Minister, unless exempted by the Minister.

(2)  The owners of an eligible residence are ineligible to receive a grant in respect of a repair that was completed more than 12 months prior to the date the application was received by the Minister, unless exempted by the Minister.

(3)  A grant may not be made in respect of a repair that was completed prior to July 1, 2016.

Review

13(1)  A request for a review under section 6 of the Act must be made by submitting a written request to the Executive Director of the program.

(2)  In making a decision on a review, the Executive Director must determine whether a loan or grant may be made to the individual in accordance with the Act and this Regulation.

Payments to trustee or power of attorney

14(1)  The Minister, for the benefit of a recipient of a loan or grant, may pay the loan or grant to a person who

                               (a)    submits a completed application in a form satisfactory to the Minister, and

                              (b)    provides the Minister with a copy of a trusteeship document, power of attorney or other similar document satisfactory to the Minister.

(2)  A person must notify the Minister as soon as possible if the person ceases to hold a power of attorney for the recipient of the loan or grant or ceases to be the trustee of the recipient of the loan or grant.

Payments to a third party

15   The Minister may provide the amount of the loan or grant directly to the supplier of services or goods and services for the repair, renovation or adaptation.

Accounting

16(1)  The Minister may require that the recipient of a loan or grant

                               (a)    provide information satisfactory to the Minister to determine whether the recipient has complied or is complying with all or any of the terms and conditions of the loan or grant,

                              (b)    account to the satisfaction of the Minister for how the loan or grant or any portion of it was or is being used, and

                               (c)    permit a representative of the Minister to examine any books or records that the Minister considers necessary to determine whether the loan or grant or any portion of it was or is being used properly.

(2)  Without limiting subsection (1), the recipient of a loan or grant shall, within the period of time determined by the Minister or by any later date provided for under subsection (3), account to the Minister, in the manner that the Minister determines, for the way in which the loan or grant has been spent.

(3)  The Minister may, in writing, extend the time period referred to in subsection (2).

(4)  For the purposes of this section, the Minister may request the recipient to provide any evidence or documents, including photographs or an inspector’s report, demonstrating that the loan or grant was used for the purpose for which it was requested.

Notice of change in eligible residence

17   For the purposes of section 4(2) of the Act, if any of the circumstances set out in section 4(1) of the Act occur, the owners of the eligible residence or their personal representatives shall provide notice of the change in circumstances to the Minister by telephone or in writing.

Cancellation of certain contracts

18(1)  A statement of cancellation rights referred to in section 7(3)(c) of the Act must

                               (a)    be in writing,

                              (b)    contain

                                        (i)    in the case of a contract that is in writing, the words specified in Option 1 set out in the Schedule, or

                                      (ii)    in the case of a contract that is not in writing, the words specified in Option 2 set out in the Schedule,

                               (c)    show the headings in not less than 12 point bold type,

                              (d)    show the statements of the 45‑day application period and 30‑day cancellation period in not less than 12 point bold type,

                               (e)    show the waiver of cancellation rights in not less than 12 point bold type, and

                               (f)    show the remainder of the information in not less than 10 point type.

(2)  If the contract is in writing, the statement of cancellation rights must be

                               (a)    printed on the front of the contract,

                              (b)    attached to the contract as an appendix that forms part of the contract, or

                               (c)    otherwise included in the contract, in which case a notice must be printed on the front of the contract, in not less than 12 point bold type, indicating where in the contract the statement of cancellation rights is included.

Address of supplier unknown

19   If a consumer is not able to find an address for a supplier referred to in section 8(5) of the Act, the consumer may send or deliver a written notice of cancellation to the head office of the program.

Collection of information

20   Information collected under the Act and this Regulation may be used and shared with programs under the Seniors Benefit Act and programs under the Seniors’ Property Tax Deferral Act for the purpose of administering the Act and this Regulation and the programs under the Seniors Benefit Act and the Seniors’ Property Tax Deferral Act.

Consequential amendment

21(1)  The Health Information Regulation (AR 70/2001) is amended by this section.

(2)  Sections 5(2)(h.1) and 7(c) are amended by adding “, the Seniors’ Home Adaptation and Repair ActafterSeniors Benefit Act”.

Coming into force

22   This Regulation comes into force on July 1, 2016.

Schedule   

One of the following options must appear in each statement of cancellation rights:

OPTION 1


(Use this option for a contract that is in writing)

Consumer’s Right Under the Seniors’ Home Adaptation
and Repair Act to Cancel Contract

Right to Cancel Contract

You may cancel this contract if

                               (a)    you apply to the Seniors’ Home Adaptation and Repair Program for a loan to pay for costs of the services or goods and services to be provided under this contract,

                              (b)    your application is received by the Program within 45 days of the date of this contract, and

                               (c)    you receive notice that your application for a loan under the Program is not approved.

If you decide to cancel this contract because your application for a loan under the Program is not approved, you must do so within 30 days after receiving notice that your application is not approved.

The right to cancel this contract does not restrict, limit or derogate from any other legal, equitable or statutory right or remedy you may have, including any right or remedy under the Fair Trading Act.  For more information about rights and remedies under the Fair Trading Act, you may contact Service Alberta at the Consumer Contact Centre.

To cancel this contract, you may give notice of cancellation by any of the following methods:

                               (a)    personal service;

                              (b)    registered mail;

                               (c)    courier;

                              (d)    fax;

                               (e)    any other method, including orally, by which you can provide evidence of the date that you cancelled the contract.

[Details for notice — insert supplier’s address, including e‑mail address, if any, and fax or phone number, if any.]

If you cancel this contract, the supplier has 15 days to refund your money.

Loss of Right to Cancel

You lose the right to cancel this contract if you accept delivery of the goods, or provision of the services, to be provided under this contract, in whole or in part.

Waiver of Right to Cancel

You may choose to waive your right under the Seniors’ Home Adaptation and Repair Act to cancel this contract. You may waive your right to cancel this contract by initialling below.  By initialling,

                               (a)    you are requesting the supplier to provide the goods or services whether or not you apply for or receive a loan under the Act,

                              (b)    you acknowledge that you have read and understand this statement setting out your right under the Seniors’ Home Adaptation and Repair Act to cancel this contract, and

                               (c)    you waive your right under section 7 of the Seniors’ Home Adaptation and Repair Act to cancel this contract.

I waive my right under the Seniors’ Home Adaptation and Repair Act to cancel this contract:                                                 _______

                                                (Initials)

OPTION 2
(Use this option for a contract that is not in writing)

Consumer’s Right Under the Seniors’ Home Adaptation
and Repair Act to Cancel Contract

Right to Cancel Contract

You may cancel the contract between you

[insert name of consumer]

and

[insert name of supplier]

dated [insert date of contract]

if

                               (a)    you apply to the Seniors’ Home Adaptation and Repair Program for a loan to pay for costs of the services or goods and services to be provided under the contract,

                              (b)    your application is received by the Program within 45 days of the date of the contract, and

                               (c)    you receive notice that your application for a loan under the Program is not approved.

If you decide to cancel the contract because your application for a loan is not approved, you must do so within 30 days after receiving notice that your application for a loan is not approved.

The right to cancel the contract does not restrict, limit or derogate from any other legal, equitable or statutory right or remedy you may have, including any right or remedy under the Fair Trading Act.  For more information about rights and remedies under the Fair Trading Act, you may contact Service Alberta at the Consumer Contact Centre.

To cancel the contract, you may give notice of cancellation by any of the following methods:

                               (a)    personal service;

                              (b)    registered mail;

                               (c)    courier;

                              (d)    fax;

                               (e)    any other method, including orally, by which you can provide evidence of the date that you cancelled the contract.

[Details for notice — insert supplier’s address, including e‑mail address, if any, and fax or phone number, if any.]

If you cancel the contract, the supplier has 15 days to refund your money.

Loss of Right to Cancel

You lose the right to cancel the contract if you accept delivery of the goods, or provision of the services, to be provided under the contract, in whole or in part.

Waiver of Right to Cancel

You may choose to waive your right under the Seniors’ Home Adaptation and Repair Act to cancel the contract.  You may waive your right to cancel the contract by initialling below.  By initialling,

                               (a)    you are requesting the supplier to provide the goods or services whether or not you apply for or receive a loan under the Act,

                              (b)    you acknowledge that you have read and understand this statement setting out your right under the Seniors’ Home Adaptation and Repair Act to cancel the contract, and

                               (c)    you waive your right under section 7 of the Seniors’ Home Adaptation and Repair Act to cancel the contract.

I waive my right under the Seniors’ Home Adaptation and Repair Act to cancel the contract:                                                 _______

                                                (Initials)