Exemption for 55-plus likely coming with age law

By Collin Gallant on October 4, 2017.

cgallant@medicinehatnews.com @CollinGallnat

A move to broaden protection for seniors and other Albertans against age discrimination will likely include an exemption for 55-plus condo complexes, MLA Bob Wanner said Tuesday at a meeting with 50 concerned seniors.

The province has until Jan. 1, 2018 to include age in the Alberta Human Rights Code, thereby removing it as a viable defence for denying housing, financial or other business services from an individual.

However, a growing number of seniors are expressing concern that a court order to expand protections could also put age-restricted condo facilities at risk of lawsuits.

“It will offer protections on a host of issues and it will offer protection on housing issues,” Wanner told the group at the Kinplex Social room on Tuesday. “The intent is that the province wants to get in line with all other provinces, and (exemptions) would also protect the right to live in an age-restricted community.”

The legislation, due this fall, is in response to a court ruling from earlier this year that Alberta join other provinces and specifically bar discrimination on basis of age.

That case was brought by an Alberta seniors advocate, and was aimed to help avoid discrimination on issues such as employment, securing bank loans and other business issues.

Currently, Alberta is the only province that does not specify include age in human rights legislation.

Several attendees said the issue is complex, considering owners often rent to others or own multiple units. Also, couples who buy such condos could vary greatly in age, and definition of tenants and owners might have to be considered.

“There would have to be some grandfathering for current residents,” said Ray Buscholl, 59, who lives in a “40-plus” community, but he added that only a few residents are younger than 55.

Others said they were satisfied with the explanation, and that adding anti-discrimination measures for seniors were beneficial.

The move could also remove exposure to potential lawsuits, said Wanner, depending how specific bylaws read.

As the law stands now, without the amendment, a 39-year-old today, for example, could sue a condo board for discrimination if its bylaws include a restriction against younger people buying property.

With the inclusion of an age limit in the Human Rights Code, condo associations would be in the legal right to set a limit in line with the legislation.

That bar is 55 years old in Saskatchewan and British Columbia for condo owners to create an age-restrictive complex.

Specifics in the legislation are still being developed by the Justice Ministry, said Wanner, but he expected a similar measure would be included in legislation when the government introduces it, likely in November.

“That’s the intent of the government,” he said.

If approved in Alberta, those that are operated as 55-plus communities, for example, could see no change, but their bylaws would now have additional backing of conforming with the new law.

Those that feature lower age restrictions, such as 40-plus living, or simply “adult communities” may have to amend bylaws upwards to avoid exposure to litigation.

Wanner said he’s never heard a case of such a suit coming forward in Medicine Hat, but the legislation would set the age and limit liability for condo owners.

Wanner has also held several events at individual complexes, comprising up to 180 attendees, to discuss the implications. He said more meetings would be scheduled if community interest warranted.

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