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Bill 38, Protecting Vulnerable Persons in Supportive Living Accommodation Act, 2023

Burch, Jeff

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Original

Bill 38 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 38 2022

Act to establish a framework for the licensing of supportive living

accommodation

His

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

Province of Ontario, enacts as follows:

Definitions

this Act,

“assistance

in daily activities” means assistance from others that may be required in the daily

activities of an individual in order for the individual to live independently

in their community, such as cleaning and maintaining a house, managing money,

preparing or providing meals, shopping for groceries or other necessities, taking

transportation, using the telephone or other forms of communication or taking

prescription drugs; (“ aide aux activités quotidiennes ”)

“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 in daily activities

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 Fixing

Long-Term Care Act, 2021 .

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. The

premises on which a service agency within the meaning of the Services and Supports to Promote the Social Inclusion of Persons

with Developmental Disabilities Act, 2008 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 renewal of 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 those for 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, 2022 .

Date Bill stage Event Outcome Committee

October 26, 2023

Second Reading

Vote

Lost on division

October 25, 2023

Second Reading

Question put

Vote deferred

October 25, 2023

Second Reading

Debated

November 15, 2022

First Reading

Ordered for Second Reading

November 15, 2022

First Reading

Vote

Carried

First Reading

November 15, 2022

Carried

Second Reading

October 25, 2023

Burch, Jeff

Niagara Centre

Gélinas, France

Nickel Belt

Kernaghan, Terence

London North Centre

Quinn, Nolan

Stormont—Dundas—South Glengarry

Rae, Matthew

Perth—Wellington

Sattler, Peggy

London West

Vaugeois, Lise

Thunder Bay—Superior North

Question put

October 26, 2023

Lost on division

Vote on second reading - Lost (October 26, 2023)

Ayes

(28) Jill Andrew

Teresa J. Armstrong

Stephen Blais

Guy Bourgouin

Jeff Burch

Lucille Collard

Catherine Fife

John Fraser

Jennifer K. French

Wayne Gates

Chris Glover

Bhutila Karpoche

Terence Kernaghan

Sol Mamakwa

Karen McCrimmon

Mary-Margaret McMahon

Chandra Pasma

Peggy Sattler

Mike Schreiner

Adil Shamji

Sandy Shaw

Jennifer (Jennie) Stevens

Marit Stiles

Monique Taylor

John Vanthof

Lise Vaugeois

Jamie West

Kristyn Wong-Tam

Nays

(66) Deepak Anand

Aris Babikian

Patrice Barnes

Hon. Peter Bethlenfalvy

Will Bouma

Ric Bresee

Rick Byers

Hon. Paul Calandra

Hon. Raymond Sung Joon Cho

Hon. Stan Cho

Lorne Coe

Hon. Stephen Crawford

Rudy Cuzzetto

Andrew Dowie

Hon. Jill Dunlop

Hon. Victor Fedeli

Hon. Rob Flack

Hon. Doug Ford

Michael D. Ford

Dawn Gallagher Murphy

Parm Gill

Hardeep Singh Grewal

Hon. Ernie Hardeman

Hon. Mike Harris

Christine Hogarth

Hon. Sylvia Jones

Hon. Trevor Jones

John Jordan

Logan Kanapathi

Vincent Ke

Hon. Michael S. Kerzner

Hon. Andrea Khanjin

Hon. Natalia Kusendova-Bashta

Hon. Stephen Lecce

Hon. Neil Lumsden

Robin Martin

Hon. Todd J. McCarthy

Hon. Graham McGregor

Hon. Caroline Mulroney

Billy Pang

Hon. Michael Parsa

Hon. David Piccini

Natalie Pierre

Hon. Nolan Quinn

Matthew Rae

Brian Riddell

Sheref Sabawy

Amarjot Sandhu

Hon. Prabmeet Singh Sarkaria

Stéphane Sarrazin

Hon. Laurie Scott

Hon. Donna Skelly

Dave Smith

David Smith

Hon. Graydon Smith

Laura Smith

Todd Smith

Hon. Kinga Surma

Hon. Nina Tangri

Hon. Vijay Thanigasalam

Hon. Lisa M. Thompson

Hon. Michael A. Tibollo

Effie J. Triantafilopoulos

Daisy Wai

Hon. Charmaine A. Williams

John Yakabuski

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