Seniors' Protection Act, 2003 Colle, Mike — Bill 49 (37th Parliament, 4th Session)

Bill 49, 37-4

Ontario — Bills

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Bill 49, Seniors' Protection Act, 2003

Colle, Mike

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Original

[37] Bill 49 Original (PDF)

Bill 49 2003

An Act to protect

people over the age of 65

from discrimination

by amending the

Human Rights Code

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

Assembly of the Province of Ontario, enacts as follows:

(1) The definition of "age" in subsection

10 (1) of the Human Rights Code is amended by striking out "except

in subsection 5 (1) where "age" means an age that is eighteen years or more

and less than sixty-five years".

(2) The Act is amended by adding the following

section:

Review of Employment Standards Act

25.1

(1) Within 180 days after the

day this

section comes into force, the Minister of Labour shall review the

Employment Standards Act, 2000 and the regulations made under it to

ensure that there are no provisions that permit discrimination on the basis

of age in an employee superannuation or pension plan or fund or a contract of

group insurance between an insurer and an employer.

Deemed amendment

(2) If, after 180 days after the day this

section comes into

force, there remain provisions in the Employment Standards Act, 2000

or the regulations made under it that permit discrimination on the basis of

age in an employee superannuation or pension plan or fund or a contract of

group insurance between an insurer and an employer, such provisions shall be

deemed to be amended to prohibit such discrimination.

(3) The Act is amended by adding the following

section:

Appointment of the Seniors' Ombudsman

28.1

(1) The chair of the

Commission shall appoint an employee of the Commission as the Seniors'

Ombudsman.

Duties

(2) The Seniors' Ombudsman shall,

(

a) act as an advocate on behalf of the elderly who are residents of

long-term care facilities and similar medical facilities;

(

b) investigate complaints of abuse and neglect in the facilities

mentioned in clause (a); and

(

c) report to the chair of the Commission on the results of his or her

investigations.

Publication of reports

(3) Reports of investigations into complaints by the Seniors'

Ombudsman shall be made available to the public.

Protection of personal information

(4) Nothing in subsection (3) permits the release of personal

information without the prior approval of the person to whom the information

relates.

Definitions

(5) In this section,

"long-term care facility" means a nursing home under the Nursing Homes

Act ; ("établissement de soins de longue durée")

"personal information" means personal information as defined in the

Freedom of Information and Protection of Privacy Act .

("renseignements personnels")

Commencement

2. This Act comes into force on the day it receives

Royal Assent.

Short title

3. The

short title of this Act is the Seniors'

Protection Act, 2003 .

EXPLANATORY NOTE

The Bill amends the Human Rights

Code to require the appointment of a Seniors' Ombudsman. The Ombudsman

reports to the chair of the Human Rights Commission. The Seniors' Ombudsman

acts as an advocate for the elderly and attempts to resolve complaints of

abuse and neglect of the elderly in long-term care and medical

facilities.

The Act is also amended to remove

the reference to 65 years. This results in it being contrary to the Act to

discriminate in employment on the basis of age because a person is 65 years

of age or older.

The Bill also prevents employers

from changing the access to benefits or rights to benefits for workers who

are 65 years of age or older.

Date Bill stage Activity Committee

May 22, 2003

First Reading

Carried

Debates and Progress

First Reading

May

22, 2003

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 49, 37-4
Type	bill
Volume / chapter	p37 s4 bill 49 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	55f313a2199b447c09e007b31c6bf6ff77014699

Source file is stored in the law ingest library (html).