role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 101, Advocate for Older Adults Act, 2023

Vaugeois, Lise

Lindo, Laura Mae

Please select

View bill

Status

Debates

Votes

Original

Bill 101 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Advocate for Older Adults Act, 2023 ,

which establishes an Advocate for Older Adults who is an independent officer of

the Legislative Assembly. The functions of the Advocate for Older Adults include

advocating in the interests of older adults and family members of older adults

who act as caregivers. In addition, the Advocate for Older Adults is required

to advise, in an independent manner, the Minister, public officials and persons

who fund or deliver services for older adults on systemic challenges faced by older

adults, policies and practices to address existing systemic challenges and other

matters that may come to the attention of the Advocate for Older Adults.

The

Advocate for Older Adults may make reports to the public and is required to

prepare an annual report on the activities of the Advocate. The reports may

include recommendations relevant to preventing and mitigating the systemic

challenges faced by older adults. In order to assist the Advocate for Older

Adults, the Advocate may establish an advisory council. The Advocate for Older

Adults also has authority to require the provision of information in specified

circumstances. The Act also provides that no person shall face reprisals for

having assisted the Advocate for Older Adults. Other administrative matters are

provided for.

Bill 101 2023

Act to establish the Advocate for Older Adults

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definitions

this Act,

“Minister”

means the Minister to whom the administration of this Act is assigned under the

Executive Council Act ; (“ministre”)

“older adult” means a person who is 65 years of

age or older; (“personne âgée”)

“services

for older adults” means any programs, services or systems of support in

relation to health care, personal care, housing, transportation or income

support that are generally used by or associated with persons who are 65 years

of age or older. (“services aux personnes âgées”)

Establishment

and Functions of the Advocate for Older Adults

Advocate

for Older Adults

(1) There

shall be an Advocate for Older Adults who is an independent officer of the

Assembly.

Functions

(2) The

Advocate for Older Adults shall,

(

a) monitor

the provision of services for older adults, including those provided by the

Government of Ontario;

(

b) analyze

the policies of the Government of Ontario with respect to their impact on older

adults;

(

c) analyze

issues that the Advocate for Older Adults believes to be important to the

welfare of older adults generally; and

(

d) advocate

in the interests of older adults and their family members who act as

caregivers.

Same

(3) Without

limiting the generality of subsection (2), the Advocate for Older Adults may,

(

a) identify

and analyze systemic challenges faced by older adults;

(

b) collaborate

with persons who fund or deliver services for older adults for the purposes of

improving the efficiency and effectiveness of service delivery;

(

c) promote

awareness, by older adults, their caregivers and their families, of systemic

challenges faced by older adults, and of the resources available to older adults;

and

(

d) make

recommendations to government and to persons who fund or deliver services for

older adults respecting changes to improve the welfare of older adults.

Referral

(4) If

the Advocate for Older Adults learns of a matter that, in the opinion of the Advocate

for Older Adults, should be dealt with through an individual complaint rather

than as part of a systemic analysis, the Advocate for Older Adults may, with

the consent of the individual concerned, refer the matter directly to the

person or body responsible for the matter.

Duty

to advise on older adult issues

(1) The

Advocate for Older Adults shall advise, in an independent manner, the Minister,

public officials and persons who fund or deliver services for older adults on,

(

a) systemic

challenges faced by older adults;

(

b) policies

and practices to address existing systemic challenges; and

(

c) any

other matters that come to the attention of the Advocate for Older Adults.

Public

reports

(2) The

Advocate for Older Adults may report to the public, in any manner, on any

matter that comes to the attention of the Advocate for Older Adults while performing

their functions.

Report

to Minister

(3) The

Minister may require the Advocate for Older Adults to report to the Minister on

anything referred to in subsection (1).

Annual

reports

(4) The

Advocate for Older Adults shall prepare an annual report on the activities of

the Advocate for Older Adults and shall,

(

a) make

it available to the public on a website; and

(

b) provide

a copy of it to the Speaker of the Assembly who shall cause the report to be

laid before the Assembly if it is in session or, if not, at the next session.

Contents

of report

(5) Any

report under this

section may include recommendations relevant to preventing

and mitigating the systemic challenges faced by older adults.

Advisory

council

(1) The

Advocate for Older Adults may establish an advisory council for the purposes of

providing advice to the Advocate for Older Adults relating to the performance

of the functions of the Advocate for Older Adults.

Composition

(2) The

advisory council shall include older adults and family members of older adults

who act as caregivers but shall not include persons who fund or deliver

services for older adults, or their representatives.

Written

request for information

(1) Subject

to subsection (3), for the purpose of performing their functions under this

Act, the Advocate for Older Adults may make a written request for information,

other than personal information within the meaning of the Freedom

of Information and Protection of Privacy Act , from a person or body that

funds or delivers services for older adults.

Duty

to provide information

(2) A

person or body that receives a request under subsection (1) shall, if the

person or body has custody or control of the information, provide the

information within any reasonable time limit specified by the Advocate for

Older Adults.

Limits

on power

(3) The

Advocate for Older Adults shall only exercise the power to request information

under subsection (1) if,

(

a) the

person or body has previously failed to provide the information within a

reasonable amount of time following a request by the Advocate for Older Adults;

(

b) the

person or body previously provided information that, in the opinion of the Advocate

for Older Adults, is incomplete, false or misleading.

Crown

bound

(4) This

section binds the Crown.

reprisal

person shall take any measure that would adversely affect an individual because

the individual provided information to or otherwise assisted the Advocate for

Older Adults.

Appointment

of Advocate for Older Adults and Related Matters

Appointment

(1) The

Assembly shall, by order, appoint the Advocate for Older Adults.

Selection

by panel

(2) Unless

decided otherwise by unanimous consent of the Assembly, an order shall be made

under subsection (1) only if the person to be appointed has been selected by

unanimous agreement of a panel composed of one member of the Assembly from each

recognized party, chaired by the Speaker who is a non-voting member.

Term

of office

(1) The

Advocate for Older Adults shall hold office for a term of five years and may be

reappointed for one further term of five years.

Selection

by panel

(2) Subsection

7 (2) applies with respect to a reappointment under subsection (1) of this

section.

Continuation

in office

(3) By

order of the Assembly, the Advocate for Older Adults may continue to hold

office after expiry of their term of office until a temporary Advocate for

Older Adults is appointed or until a successor is appointed.

Oath

of office and secrecy

(1) Before

beginning the duties of their office, the Advocate for Older Adults shall take

an oath or affirmation to faithfully and impartially exercise the functions of

the office and to not, except in accordance with subsection (3), disclose any

information received as Advocate for Older Adults.

Same

(2) The

Speaker or the Clerk of the Assembly shall administer the oath or affirmation.

Disclosure

(3) The

Advocate for Older Adults may disclose in any report made under this Act such

matters as in the opinion of the Advocate for Older Adults ought to be

disclosed in order to establish grounds for any conclusions or recommendations

set out in the report.

Application

of certain provisions of the Ombudsman Act

(1) Sections

4, 5, 6, 7, 7.1, 7.2, 7.4, 8, 9 and 10 of the Ombudsman

Act apply, with necessary modifications, with respect to the Advocate

for Older Adults.

Same

(2) Without

limiting any further modifications that may be necessary, for the purposes of

subsection (1),

(

a) a

reference to the Ombudsman shall be read as a reference to the Advocate for

Older Adults; and

(

b) references

section 7.1 of the Ombudsman Act to

section 2,

subsection 3 (1) and subsection 3 (3) shall be read as references to

section 7,

subsection 8 (1) and subsection 8 (3) of this Act, respectively.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Advocate for Older

Adults Act, 2023 .

Date Bill stage Event Outcome Committee

May 18, 2023

Second Reading

Vote

Lost on division

May 17, 2023

Second Reading

Question put

Vote deferred

May 17, 2023

Second Reading

Debated

April 19, 2023

First Reading

Ordered for Second Reading

April 19, 2023

First Reading

Vote

Carried

First Reading

April 19, 2023

Carried

Second Reading

May 17, 2023

Armstrong, Teresa

London—Fanshawe

Harden, Joel

Ottawa Centre

Schreiner, Mike

Guelph

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Vaugeois, Lise

Thunder Bay—Superior North

Wai, Daisy

Richmond Hill

Question put

May 18, 2023

Lost on division

Vote on second reading - Lost (May 18, 2023)

Ayes

(29) Teresa J. Armstrong

Doly Begum

Stephen Blais

Guy Bourgouin

Bobbi Ann Brady

Jeff Burch

Lucille Collard

Catherine Fife

Jennifer K. French

Wayne Gates

France Gélinas

Chris Glover

Lisa Gretzky

Joel Harden

Sarah Jama

Bhutila Karpoche

Terence Kernaghan

Michael Mantha

Mary-Margaret McMahon

Chandra Pasma

Peggy Sattler

Mike Schreiner

Sandy Shaw

Jennifer (Jennie) Stevens

Marit Stiles

John Vanthof

Lise Vaugeois

Jamie West

Kristyn Wong-Tam

Nays

(66) Deepak Anand

Aris Babikian

Robert Bailey

Patrice Barnes

Hon. Peter Bethlenfalvy

Will Bouma

Ric Bresee

Rick Byers

Hon. Paul Calandra

Hon. Raymond Sung Joon Cho

Hon. Stan Cho

Hon. Steve Clark

Lorne Coe

Hon. Stephen Crawford

Rudy Cuzzetto

Jess Dixon

Andrew Dowie

Hon. Doug Downey

Hon. Jill Dunlop

Hon. Rob Flack

Michael D. Ford

Dawn Gallagher Murphy

Parm Gill

Hardeep Singh Grewal

Hon. Ernie Hardeman

Hon. Mike Harris

Christine Hogarth

Hon. Trevor Jones

John Jordan

Logan Kanapathi

Hon. Andrea Khanjin

Hon. Natalia Kusendova-Bashta

Anthony Leardi

Hon. Stephen Lecce

Robin Martin

Hon. Todd J. McCarthy

Hon. Graham McGregor

Monte McNaughton

Hon. Caroline Mulroney

Hon. Sam Oosterhoff

Billy Pang

Hon. Michael Parsa

Natalie Pierre

Hon. George Pirie

Matthew Rae

Kaleed Rasheed

Brian Riddell

Ross Romano

Sheref Sabawy

Amarjot Sandhu

Hon. Prabmeet Singh Sarkaria

Brian Saunderson

Hon. Laurie Scott

Hon. Donna Skelly

Dave Smith

David Smith

Hon. Graydon Smith

Laura Smith

Todd Smith

Hon. Kinga Surma

Hon. Vijay Thanigasalam

Hon. Lisa M. Thompson

Effie J. Triantafilopoulos

Daisy Wai

Hon. Charmaine A. Williams

John Yakabuski

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top