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Bill 196, Seniors' Advocate Act, 2020

Lindo, Laura Mae

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Debates

Original

Bill 196 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Seniors’ Advocate Act, 2020 , which

establishes a Seniors’ Advocate who is an independent officer of the

Legislative Assembly. The functions of the Seniors’ Advocate include advocating

in the interests of seniors and family members of seniors who act as

caregivers. In addition, the Seniors’ Advocate is required to advise, in an

independent matter, the Minister, public officials and persons who fund or deliver

seniors’ services on systemic challenges faced by seniors, policies and

practices to address existing systemic challenges and other matters that may

come to the attention of the Seniors’ Advocate.

The

Seniors’ Advocate 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 seniors. In order to assist the Seniors’ Advocate, the Advocate may

establish an advisory council. The Seniors’ Advocate 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 Seniors’

Advocate. Other administrative matters are provided for.

Bill 196 2020

Act to establish the Seniors’ Advocate

Her

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

Province of Ontario, enacts as follows:

Definitions

Definitions

this Act,

“Minister”

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

Executive Council Act ; (“ministre”)

“senior”

means a person who is 65 years of age or older; (“aîné”)

“seniors’

services” 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 aînés”)

Establishment

and Functions of the Seniors’ Advocate

Seniors’

Advocate

(1) There

shall be a Seniors’ Advocate who is an independent officer of the Assembly.

Functions

(2) The

Seniors’ Advocate shall,

(

a) monitor

the provision of seniors’ services, including those provided by the Government

of Ontario;

(

b) analyze

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

seniors;

(

c) analyze

issues that the Seniors’ Advocate believes to be important to the welfare of

seniors generally; and

(

d) advocate

in the interests of seniors and their family members who act as caregivers.

Same

(3) Without

limiting the generality of subsection (2), the Seniors’ Advocate may,

(

a) identify

and analyze systemic challenges faced by seniors;

(

b) collaborate

with persons who fund or deliver seniors’ services for the purposes of

improving the efficiency and effectiveness of service delivery;

(

c) promote

awareness, by seniors, their caregivers and their families, of systemic

challenges faced by seniors, and of the resources available to seniors; and

(

d) make

recommendations to government and to persons who fund or deliver seniors’

services respecting changes to improve the welfare of seniors.

Referral

(4) If

the Seniors’ Advocate learns of a matter that, in the opinion of the Seniors’

Advocate, should be dealt with through an individual complaint rather than as

part of a systemic analysis, the Seniors’ Advocate 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 seniors’ issues

(1) The

Seniors’ Advocate shall advise, in an independent manner, the Minister, public

officials and persons who fund or deliver seniors’ services on,

(

a) systemic

challenges faced by seniors;

(

b) policies

and practices to address existing systemic challenges; and

(

c) any

other matters that come to the attention of the Seniors’ Advocate.

Public

reports

(2) The

Seniors’ Advocate may report to the public, in any manner, on any matter that

comes to the attention of the Seniors’ Advocate while performing their functions.

Report

to Minister

(3) The

Minister may require the Seniors’ Advocate to report to the Minister on

anything referred to in subsection (1).

Annual

reports

(4) The

Seniors’ Advocate shall prepare an annual report on the activities of the Seniors’

Advocate 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 seniors.

Advisory

council

(1) The

Seniors’ Advocate may establish an advisory council for the purposes of

providing advice to the Seniors’ Advocate relating to the performance of the functions

of the Seniors’ Advocate.

Composition

(2) The

advisory council shall include seniors and family members of seniors who act as

caregivers but shall not include persons who fund or deliver seniors’ services,

or their representatives.

Written

request for information

(1) Subject

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

Act, the Seniors’ Advocate 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 seniors’ services.

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 Seniors’ Advocate.

Limits

on power

(3) The

Seniors’ Advocate 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 Seniors’ Advocate; or

(

b) the

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

Seniors’ Advocate, 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 Seniors’

Advocate.

Appointment

of Seniors’ Advocate and Related Matters

Appointment

(1) The

Assembly shall, by order, appoint the Seniors’ Advocate.

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

Seniors’ Advocate 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 Seniors’ Advocate may continue to hold office after

expiry of their term of office until a temporary Seniors’ Advocate is appointed

or until a successor is appointed.

Oath

of office and secrecy

(1) Before

beginning the duties of their office, the Seniors’ Advocate 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 Seniors’ Advocate.

Same

(2) The

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

Disclosure

(3) The

Seniors’ Advocate may disclose in any report made under this Act such matters

as in the Seniors’ Advocate’s opinion 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 Seniors’

Advocate.

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 Seniors’

Advocate; 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 Seniors’ Advocate Act,

2020 .

Date Bill stage Event Outcome Committee

October 19, 2020

Second Reading

Ordered referred to Standing Committee

Standing Committee on the Legislative Assembly

October 19, 2020

Second Reading

Vote

Carried on division

October 19, 2020

Second Reading

Deferred vote

October 19, 2020

Second Reading

Debated

July 7, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

July 7, 2020

Committee

Second Reading

October 19, 2020

Ms. Laura Mae Lindo, Mr. Logan Kanapath, Ms. Judith Monteith-Farrell, Mr. Mike Schreiner, Ms. Goldie Ghamari, Ms. Jill Andrew, Mr. John Fraser, Mr. Rudy Cuzzetto, Ms. Catherine Fife, Mr. Joel Harden, Mme France Gélinas, Ms. Doly Begum, Ms. Teresa J. Armstrong

Vote deferred.

October 19, 2020

Carried on recorded division. Referred to Standing Committee on the Legislative Assembly.

Committee

Standing Committee on the Legislative Assembly

Third Reading

Royal Assent

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