In January 2017 the Alberta Court of Queen’s Bench directed that “age” was to be read into sections 4 and 5 of the Human Rights Act, thereby making it a protected ground. This has the potential of fundamentally changing condominium and homeowners association living for those who reside in projects and communities subject to an age restriction. The Government has until January 2018 to complete the amendments to the Legislation.
The delay in enacting the amendment allows interested parties the opportunity to bring forward their concerns. Section 3 of the Human Rights Act, relating to publications and notices, allows for a number of exceptions to the applicability of that provision. This shows that exceptions to the prohibition on age discrimination under sections 4 and 5 ought to be possible as well. To that end, attached you will find proposed sample letters to the Members of the Legislative Assembly. Further attached you will find the MLA directory, with contact information for each member. We recommend that you forward the attached documentation to any and all Owners/Occupants in projects and communities that are the subject of an age restriction and ask that they contact their local MLA.
There is time for condominium Boards to write to the Minister of Service Alberta and your local MLA to express your opinion on this legislation.
Canadian Condominium Institute – South Alberta Chapter would like to extend our appreciation and thanks to Stephanie Whyte of McLeod Law LLP for the MLA Directory and letter!