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Wednesday, February 11, 2009 - Landlord Safety Law "Has No Teeth" MLA - Calgary Herald

An Alberta MLA is backing a provincial court judge’s call to review the fines for public health violations, saying the maximum penalty is not enough to compel landlords to make residences safer.

Calgary Currie MLA and Liberal housing critic Dave Taylor said the $2,000 fine for Public Health Act transgressions equals about two months’ rent for the average landlord.

“That’s not much of a penalty for an offence that clearly endangers the health and safety of tenants,” he said.

His comments come just a day after an Edmonton provincial court judge said the government should consider increasing the fines for Public Health Act violations as he sentenced a landlord for having locked windows in a basement suite.

At the time, Justice Paul Sully said the maximum fine of $2,000 was not reasonable and that provincial authorities should be looking into it.

The maximum fine — applied whether the violations incur injury or death or not — was introduced in 1985.

The act governing public health and safety issues — such as bars on windows or window size — is inadequate, Taylor said, adding it is more appropriate for times when inspectors discover violations in advance of a tragedy.
“It has no teeth. It leaves nothing in terms of an appropriate penalty if there is a fire and there is an injury or fatality,” he said.

Alberta Health spokesman Howard May said the fines are not being examined, but will be looked at as part of a regular review of legislation.

The issue of Public Health Act fines has come into focus following news Calgary landlords Akif Amin and Bushra Amin are facing seven charges following a fatal fire last month.

Tiffany Cox, 19, Jonathan St. Pierre, 19, and Colleen Mantei, 23, died as a result of the fire in the northwest basement suite.

The landlord of a northwest rooming house that was the scene of a deadly fire in August has also been charged under the Public Health Act for such violations as failing to ensure electrical fixtures and outlets were properly maintained.

In all, Yan Teng Li has been charged with 30 violations in connection with the blaze that killed Darrell Wright and Rock Mitchell.

Ald. Joe Ceci called January’s fatal blaze an “incredible tragedy” and said he anticipates Calgary MLAs will assess the situation.

“An argument could be made that the amount of this fine is nowhere near to the seriousness of this event,” he said.
posted in News at Wed, 11 Feb 2009 08:56:20 -0700



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