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

Bill 129, Andre's Law (Bill of Rights for Residents of Supported Group Living Residences), 2026

Vaugeois, Lise

Current status:

First Reading Ordered for Second Reading

Please select

View bill

Status

Debates

Acts affected

Original

Bill 129 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts Andre’s Law (Bill of Rights for Residents of

Supported Group Living Residences), 2026 , which amends the Services and Supports to Promote the Social Inclusion of Persons

with Developmental Disabilities Act, 2008 to establish a new

Part VI.1

(Rights of Residents of Supported Group Living Residences).

The

new

Part VI.1 establishes a list of rights of residents of supported group

living residences known as the Residents’ Bill of Rights. A service agency that

operates a supported group living residence is required to ensure that these

rights are fully respected and supported. The rights may be enforced by a

resident as if the resident and the service agency had entered into a contract

under which the service agency had agreed to fully respect and promote the

rights.

The

new

Part VI.1 also provides for the creation of Residents’ Councils and Family

Councils for supported group living residences and provides for the respective

roles of these councils as well as other related matters. The role of a

Residents’ Council includes, for example, advising residents respecting their

rights and obligations under the Act. The role of a Family Council includes,

for example, providing assistance, information and advice to residents, family

members of residents and persons of importance to residents.

Finally,

the Lieutenant Governor in Council is authorized to make various regulations

for the purposes of the new

Part VI.1, including regulations governing how

rights set out in the Residents’ Bill of Rights must be respected and promoted

by service agencies.

Bill 129 2026

Act to amend the Services and Supports to Promote the Social Inclusion of

Persons with Developmental Disabilities Act, 2008 to establish a Bill of Rights

for residents of supported group living residences and to provide for related

matters

His

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

Province of Ontario, enacts as follows:

The Services and Supports to Promote the Social Inclusion

of Persons with Developmental Disabilities Act, 2008 is amended by

adding the following Part:

PART VI.1

RIGHTS OF RESIDENTS OF SUPPORTED GROUP LIVING RESIDENCES

Definitions

26.1 In this Part,

“representative”

means, in respect of a resident, a person whom the resident has designated as

their representative or a person legally authorized to act for the resident; (“représentant”)

“resident”

means a resident of a supported group living residence; (“résident”)

“Residents’

Bill of Rights” means the list of rights under

section 26.6. (“déclaration des

droits des résidents”)

Respect

and promotion of rights

26.2 A service agency that

operates a supported group living residence shall ensure that the rights of

residents, as set out in the Residents’ Bill of Rights, are fully respected and

promoted.

Fundamental

principle

26.3

(1) The

fundamental principle to be applied in the

interpretation of the Residents’

Bill of Rights and anything required or permitted to respect and promote the

rights set out in the Residents’ Bill of Rights is that,

(

a) supported

group living residences are primarily the home of their residents and are to be

operated so that they are places where residents may live with dignity and in

security, safety and comfort and have their physical, psychological, social,

spiritual and cultural needs adequately met; and

(

b) the

purpose of the Residents’ Bill of Rights is to promote social inclusion,

autonomy and the rights of residents.

Same

(2) Without

restricting the generality of the fundamental principle, the following are to

be interpreted so as to best respect and promote the rights of residents, as set

out in the Residents’ Bill of Rights:

1. This

Act and the regulations.

2. Any

agreement entered into between a service agency and the Crown.

3. Any

agreement entered into between a service agency and a resident or a resident’s representative.

Enforcement

of residents’ rights

26.4 The rights set out in

the Residents’ Bill of Rights may be enforced against a service agency as

though the resident and the service agency operating the supported group living

residence had entered into a contract under which the service agency had agreed

to fully respect and promote all of those rights.

Regulations

re residents’ rights

26.5 The Lieutenant Governor

in Council may make regulations governing how rights set out in the Residents’

Bill of Rights shall be respected and promoted by service agencies, but the

absence of any such regulations, or of regulations with respect to a specific

right, does not impact on the enforceability of any of those rights.

Residents’

Bill of Rights

26.6 Every resident has the

following rights:

1. The

right to be treated with respect, which consists of the right to,

i. be

treated with courtesy and respect and in a way that fully recognizes the

resident’s inherent dignity, worth and individuality, regardless of their race,

ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex,

sexual orientation, gender identity, gender expression, age, marital status,

family status or disability,

ii. be

treated with the same dignity and respect as citizens in society not affected by

disabilities,

iii. have

their lifestyle and choices respected, and

iv. have

their participation in decision making respected, including having their

representative’s participation in decision making respected.

2. The

right to freedom from abuse and neglect, which consists of,

i. the

right to freedom from abuse, and

ii. the

right to freedom from neglect by the service agency operating the supported

group living residence and its staff.

3. The

right to an optimal quality of life, which consists of the right to,

i. communicate

in confidence with any person, receive visitors of the resident’s choice and

consult in private with any person without interference,

ii. be

free from living in isolation and live in a socially dynamic congregate setting

that promotes the resident’s wellbeing and enables the formation of friendships

and relationships and to participate in the life of the residence,

iii. share

a room with another resident according to their mutual wishes, if appropriate

accommodation is available,

iv. meet

privately in their room or another room that assures privacy with any person,

including their spouse, substitute decision-maker, legal guardian, or a family member,

v. pursue

social, cultural, religious, spiritual and other interests, develop their

potential and be given reasonable assistance by the service agency to pursue

these interests and develop their potential,

vi. live

in a safe and clean environment,

vii be

given access to protected outdoor areas in order to enjoy outdoor activity

unless the physical setting makes this impossible,

viii. keep

and display personal possessions, pictures and furnishings in their room

subject to safety requirements and the rights of other residents,

ix. manage

their own financial affairs unless the resident lacks the legal capacity to do

so, and

x. exercise

their rights as a citizen.

4. The

right to quality care and self-determination, which consists of,

i. the

right to proper accommodation, nutrition, care and services consistent with

their needs,

ii. the

right of the resident to be told both who is responsible for and who is

providing the resident’s direct care and to also have their representative be told

that information,

iii. the

right to be afforded privacy in treatment and in caring for their personal

needs, to request, including through their representative, to have their

personal care needs provided by a same sex assistant and to have the service

provider make best efforts to accommodate the request,

iv. the

right of the resident, including through their legal representative, to,

A. participate

fully in the development, implementation, review and revision of their plan of

care,

B. give

or refuse consent to any treatment, care or services for which their consent is

required by law and to be informed of the consequences of giving or refusing

consent,

C. participate

fully in making any decision concerning any aspect of their care, including any

decision concerning their admission, discharge or transfer to or from a

supported group living residence and to obtain an independent opinion with

regard to any of those matters,

D. as

applicable, have their personal health information within the meaning of the Personal Health Information Protection Act, 2004 kept

confidential in accordance with that Act, and to have access to their records

of personal health information, including their plan of care, in accordance

with that Act, and

E. have

access to their personal records and plan of care, subject to any legal

restrictions on access to those records,

v. the

right to ongoing and safe support from any representative of the resident, any

legal guardians or any caregivers, family, friends or other persons of

importance to the resident to support their physical, mental, social and

emotional wellbeing and their quality of life as well as the right to

assistance in contacting any of those persons and the right to support and the

right to assistance in organizing and hosting a meeting with any of those

persons at the supported living residence,

vi. the

right of the resident to have their representative or legal guardian

immediately informed of any injury, illness, transfer or any hospitalization of

the resident,

vii. the

right to receive care and assistance towards independence based on a

restorative care philosophy to maximize independence to the greatest extent

possible,

viii. the

right not to be restrained or confined, except as authorized by law.

ix. the

right to be provided with care and services based on a palliative care

philosophy, and

x. the

right to have family and friends present 24 hours a day in the event of a

mental health crisis or in the case of a resident who is dying or who is very

ill.

5. The

right to be informed, participate in the management of the supported group

living residence and make complaints, which consists of,

i. the

right of the resident to be informed in writing and to have their

representative informed in writing of any law, rule or policy affecting

services provided to the resident and of the procedures for initiating

complaints,

ii. the

right of the resident to participate in the Residents’ Council,

iii. the

right of the resident, including through their representative, to raise

concerns or recommend changes in policies and services on behalf of themself or

others and to, without interference and without fear of coercion,

discrimination or reprisal, whether directed at the resident or anyone else,

express those concerns and recommended changes to,

A. the

Residents’ Council, if any,

B. the

Family Council, if any,

C. the

service agency, and, if the service agency is a corporation, the directors and

officers of the corporation,

D. staff

members,

E. government

officials, or

F. any

other person inside or outside the supported group living residence.

6. The

right to have full enjoyment and security of tenure of their living space,

which consists of,

i. the

right to be informed of their rights to reasonable enjoyment of the rental unit

in which they live and security of tenure like others in society and to not be evicted

from their home or discharged except by order of the Landlord and Tenant Board,

ii. the

right to be informed and to have their representative informed of any intention

of the service agency to apply to the Landlord and Tenant Board to request the eviction

of the resident,

iii. the

right to be informed of their rights, under the Trespass

to Property Act , to invite or deny guests into their home, including any

person who is legally authorized to care for them,

iv. the

right to enforce their rights under this

section or other prescribed rights,

with or without the assistance of their representative and including by seeking

a decision of a court or tribunal, and to do so without interference and

without fear of coercion, discrimination or reprisal, whether directed at the

resident or anyone else, and

v. the

right to have any decision of a court or tribunal or other decision-maker with

respect to the rights set out in this

section or any other prescribed right implemented

immediately or in accordance with the timelines set out in the decision.

Residents’

Council

26.7

(1) A service

agency operating a supported group living residence may establish a Residents’

Council in the residence.

Only

residents

(2) If

a Residents’ Council is established, only residents of the supported group

living residence may be members.

Powers

of Residents’ Council

26.8

(1) A

Residents’ Council of a supported group living residence has the power to do

any or all of the following:

1. Advise

residents respecting their rights and obligations under this Act.

2. Advise

residents respecting the rights and obligations of the service agency operating

the residence under this Act and under any agreement relating to the residence.

3. Attempt

to resolve disputes between the service agency operating the residence and

residents.

4. Sponsor

and plan activities for residents.

5. Collaborate

with community groups and volunteers concerning activities for residents.

6. Advise

the service agency operating the residence of any concerns or recommendations

the Council has about the operation of the residence.

7. Provide

advice and recommendations to the service agency operating the residence

regarding what the residents would like to see done to improve care or the

quality of life in the residence.

8. Report

to a Director any concerns and recommendations that, in the Council’s opinion,

ought to be brought to a Director’s attention.

9. Review

the operation of the supported group living residence.

10. Exercise

any other powers provided for in the regulations.

Duties

(2) The

Residents’ Council shall comply with any duties provided for in the

regulations.

Duty

to respond

(3) If

the Residents’ Council has advised the service agency of concerns or

recommendations under paragraph 6 of subsection (1), the service agency shall,

within 10 days after having been advised of the concerns or recommendations,

respond to the Residents’ Council in writing.

Minister

to consult

(4) The

Minister shall consult, in a manner the Minister considers appropriate, with

organizations that represent the interests of Residents’ Councils on an annual

basis.

Residents’

Council assistant

26.9

(1) Every service

agency operating a supported group living residence with a Residents’ Council shall

appoint a Residents’ Council assistant who is acceptable to the Residents’

Council to assist it.

Duties

(2) In

carrying out their duties, a Residents’ Council assistant shall take

instructions from the Residents’ Council, ensure confidentiality where

requested and report to the Residents’ Council.

Family

Council

26.10

(1) Every supported

group living residence may have a Family Council.

Request

for Family Council

(2) If

there is no Family Council for a supported group living residence, a family

member of a resident or a person of importance to a resident may request that

the service agency operating the residence establish a Family Council for the

residence.

Service

agency to assist

(3) The

service agency shall assist in the establishment of a Family Council within 30

days after receiving a request from a person mentioned in subsection (2).

Notification

of Director

(4) When

a Family Council is established, the service agency shall notify a Director or

anyone else provided for in the regulations of the fact within 30 days following

the establishment of the Family Council.

Right

to be a member

(5) Subject

to subsection (6), a family member of, or a person of importance to, a resident

is entitled to be a member of the Family Council of the residence.

Who

may not be a member

(6) The

following persons may not be members of the Family Council:

1. The

service agency operating the supported group living residence, and anyone

involved in the management of the residence on behalf of the service agency.

2. An

officer or director of the service agency operating the supported group living

residence or of a corporation that manages the residence on behalf of the service

agency.

3. A

person with a controlling interest in the service agency operating the

supported group living residence.

4. A

member of staff of the supported group living residence.

5. A

person who is employed by the Ministry of the Minister or has a contractual

relationship with the Minister or with the Crown regarding matters for which

the Minister is responsible and who is involved as part of their

responsibilities with matters respecting supported group living residences.

6. Any

other person provided for in the regulations.

Service

agency obligations if no Family Council

(7) If

there is no Family Council, the service agency shall,

(

a) on

an ongoing basis advise residents’ families and persons of importance to

residents of the right to establish a Family Council; and

(

b) convene

semi-annual meetings to advise such persons of the right to establish a Family

Council.

Powers

of Family Council

26.11

(1) A Family

Council of a supported group living residence has the power to do any or all of

the following:

1. Provide

assistance, information and advice to residents, family members of residents

and persons of importance to residents, including when new residents are

admitted to the residence.

2. Advise

residents, family members of residents and persons of importance to residents

respecting their rights and obligations under this Act.

3. Advise

residents, family members of residents and persons of importance to residents

respecting the rights and obligations of the service agency operating the

residence under this Act and under any agreement relating to the residence.

4. Attempt

to resolve disputes between the service agency operating the residence and

residents.

5. Sponsor

and plan activities for residents of the residence.

6. Collaborate

with community groups and volunteers concerning activities for residents of the

residence.

7. Review

the operation of the residence.

8. Advise

the service agency of any concerns or recommendations the Council has about the

operation of the residence.

9. Report

to a Director any concerns and recommendations that, in the Council’s opinion,

ought to be brought to a Director’s attention.

10. Exercise

any other powers provided for in the regulations.

Duties

(2) The

Family Council shall comply with any duties provided for in the regulations.

Duty

to respond

(3) If

the Family Council has advised the service agency of concerns or

recommendations under paragraph 8 of subsection (1), the service agency shall,

within 10 days after having been advised of the concerns or recommendations,

respond to the Family Council in writing.

Minister

to consult

(4) The

Minister shall consult, in a manner the Minister considers appropriate, with

organizations that represent the interests of Family Councils on an annual

basis.

Family

Council assistant

26.12

(1) If the

Family Council so requests, the service agency shall appoint a Family Council

assistant who is acceptable to that Council to assist the Family Council.

Duties

(2) In

carrying out their duties, a Family Council assistant shall take instructions

from the Family Council, ensure confidentiality where requested and report to

the Family Council.

Service

agency to co-operate with and assist Councils

26.13 A service agency

operating a supported group living residence shall co-operate with the

Residents’ Council, the Family Council, the Residents’ Council assistant and

the Family Council assistant and shall provide them with such financial and

other information and such assistance as is provided for in the regulations.

Service

agency duty to meet with Council

26.14 If invited by the

Residents’ Council or the Family Council, the service agency shall meet with

that Council or, if the service agency is a corporation, ensure that

representatives of the service agency meet with that Council.

Attendance

at meetings — service agency, staff, etc.

26.15 A service agency

operating a supported group living residence shall attend a meeting of the

Residents’ Council or the Family Council only if invited, and shall ensure that

the staff, including any person involved in the management or operation of the residence,

attend a meeting of either Council only if invited.

interference by service agency

26.16 A service agency

operating a supported group living residence,

(

a) shall

not interfere with the meetings or operation of the Residents’ Council or the

Family Council;

(

b) shall

not prevent a member of the Residents’ Council or the Family Council from

entering the residence to attend a meeting of the Council or to perform any

functions as a member of the Council and shall not otherwise hinder, obstruct

or interfere with such a member carrying out those functions;

(

c) shall

not prevent a Residents’ Council assistant or a Family Council assistant from

entering the residence to carry out their duties or otherwise hinder, obstruct

or interfere with such an assistant carrying out those duties; and

(

d) shall

ensure that no staff member, including any person involved in the management or

operation of the residence, does anything that the service agency is prohibited

from doing under clauses (

a) to (c).

Immunity

— Council members, assistants

26.17 No action or other

proceeding shall be commenced against a member of a Residents’ Council or

Family Council or a Residents’ Council assistant or Family Council assistant

for anything done or omitted to be done in good faith in the capacity as a

member or an assistant.

Duty

of service agency to consult Councils

26.18 A service agency operating

a supported group living residence has a duty to consult regularly with the

Residents’ Council, if any, and with the Family Council, if any, and in any

case shall consult with them at least every three months.

Regulations

26.19 In addition to the

authority to make regulations under

section 26.5, the Lieutenant Governor in

Council may make regulations for carrying out the purposes and provisions of

this Part, including regulations,

(

a) requiring

a service agency to assist in the formation of Residents’ Councils and Family

Councils, and governing the assistance that the service agency is required to

provide to those Councils;

(

b) respecting

and governing the duties of Residents’ Councils and Family Councils;

(

c) providing

for anything that under this Part may or must be provided for in regulations,

or that is to be done in compliance with or in accordance with the regulations.

Commencement

This Act comes into force on the day that is 3 months after the day this Act

receives Royal Assent.

Short

title

The

short title of this Act is Andre’s Law (Bill of Rights

for Residents of Supported Group Living Residences), 2026 .

Date Bill stage Event Outcome Committee

May 27, 2026

First Reading

Ordered for Second Reading

May 27, 2026

First Reading

Vote

Carried

First Reading

May 27, 2026

Carried

Ordered for Second Reading