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Bill 81, Protecting Vulnerable Persons in Supportive Living Accommodation Act, 2021

Burch, Jeff

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Status

Debates

Original

Bill 81 Original (PDF)

EXPLANATORY

NOTE

The

Bill requires persons who operate a supportive living accommodation in

specified circumstances to hold a licence issued by the Minister. It provides

for a framework, to be supplemented by regulations, governing applications for

and the issuance of licences, the obligations of persons who operate a

supportive living accommodation under the authority of a licence, inspections,

and complaints.

Bill 81 2021

Act to establish a framework for the licensing of supportive living

accommodation

Her

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

Province of Ontario, enacts as follows:

Definitions

this Act,

“activities

of daily living” means activities related to personal hygiene, dressing,

grooming, meal preparation and administration of medication; (“activités de la

vie quotidienne”)

“Minister”

means the member of the Executive Council to whom administration of this Act is

assigned under the Executive Council Act ;

(“ministre”)

“regulations”

means the regulations made under this Act; (“règlements”)

“supportive

living accommodation” means a residential premises described in subsection 2

(1). (“logement supervisé”)

Licence

required, supportive living accommodation

(1) Except

under the authority of a licence issued by the Minister under this Act, no

person shall operate a residential premises where four or more persons, who are

not related to the operator, reside and receive assistance with the activities

of daily living from, or as arranged by, the operator.

(2) Subsection

(1) does not apply to the operation of the following premises:

1. A

children’s residence within the meaning of

Part IX (Residential Licensing) of

the Child, Youth and Family Services Act, 2017 .

2. A

home for special care licensed under the Homes for Special

Care Act .

3. A

long-term care home within the meaning of the Long-Term

Care Homes Act, 2007 .

4. A

private hospital within the meaning of the Private

Hospitals Act .

5. A

hospital within the meaning of the Public Hospitals Act .

6. A

retirement home within the meaning of the Retirement Homes

Act, 2010 .

7. A

service agency within the meaning of the Services and

Supports to Promote the Social Inclusion of Persons with Developmental

Disabilities Act, 2008 that provides residential services and supports

within the meaning of subsection 4 (2) of that Act.

8. Any

other premises prescribed by the regulations.

Offence

(3) Every

person who contravenes subsection (1) is guilty of an offence and is liable

upon conviction to a fine of not more than $1,000 for each day on which the

offence occurs or continues.

Transition

(4) Despite

subsection (1), during the period beginning on the day this Act comes into

force and ending three months after that day, a person may operate a supportive

living accommodation without a licence.

Application

for licence

person may apply, in accordance with the regulations, for a licence or to renew

a licence to operate a supportive living accommodation.

Licensing

of supportive living accommodation

(1) The

Minister shall issue or refuse to issue a licence to operate a supportive

living accommodation and may renew or cancel the licence in accordance with the

regulations.

Conditions

(2) The

Minister may impose conditions on a licence at any time.

Licence

specific to premises, operator

(3) A

licence is specific to a particular residential premises and person named in

the licence and cannot be transferred to another residential premises or

person.

Operator’s

obligations

operator of a supportive living accommodation shall,

(

a) comply

with any conditions imposed on the operator’s licence;

(

b) comply

with the prescribed standards respecting the accommodation; and

(

c) post

a copy of the operator’s licence for the premises in a prominent place on the

premises.

Inspectors

(1) The

Minister may appoint inspectors who may perform inspections, in accordance with

the regulations, for the purposes of determining compliance with this Act and

the regulations.

Complaints

(2) The

Minister shall establish a mechanism by which residents of a supportive living

accommodation or members of the public may complain about alleged

contraventions of this Act or the regulations.

Regulations

The

Minister may make regulations respecting any matter necessary or advisable to

carry out effectively the intent and purpose of this Act and, without limiting

the generality of the foregoing, may make regulations,

(

a) prescribing

other premises to which subsection 2 (1) does not apply;

(

b) governing

an application for a licence or to renew a licence;

(

c) governing

the issuance, renewal or cancellation of a licence by the Minister;

(

d) establishing

a mechanism to review the Minister’s decision to cancel a licence;

(

e) prescribing

standards, for the purposes of clause 5 (b), for a supportive living

accommodation with respect to its condition, equipment, facilities and

services, including meal preparation or assistance with meal preparation;

(

f) governing

the powers and duties of inspectors appointed under subsection 6 (1).

Commencement

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

Short

title

The

short title of this Act is the Protecting Vulnerable

Persons in Supportive Living Accommodation Act, 2021 .

Date Bill stage Event Outcome Committee

December 9, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

December 9, 2021

Committee

Second Reading

Committee

Third Reading

Royal Assent

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