First

Session, 48th General Assembly

Elizabeth II, 2016

BILL 64

AN ACT RESPECTING THE

SENIORS ADVOCATE

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

SHERRY GAMBIN-WALSH

Minister of Children, Seniors and Social Development

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would establish the Office

of the Seniors' Advocate and appoint a person to act as an advocate for the

interests of seniors.

A BILL

AN ACT RESPECTING THE SENIORS ADVOCATE

Analysis

Short title

Definitions

Office of Seniors' Advocate established

Appointment of Seniors' Advocate

Status of advocate

Term of office

Removal or suspension

Suspension when House of Assembly not

sitting

Acting advocate

Salary, pension and benefits

Expenses

Advocate's staff

Oath of office

Confidentiality of information

Delegation

Powers and duties of advocate

Referral to Citizens' Representative

Proceedings against advocate

Advocate not to be called as witness

Annual report to House of Assembly

Publication of reports

Regulations

Offence and penalty

SNL2007 cH-10.1 Amdt.

SNL2016 cI-2.1 Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Seniors Advocate

Act .

Definitions

2. In

this Act

(a) "advocate" means the Seniors' Advocate

appointed under

section 4;

(b) "House of Assembly Management

Commission" means the commission continued under

section 18 of the House of Assembly Accountability, Integrity

and Administration Act ;

(c) "department" means a department

created under the Executive Council Act or

a branch of the executive government of the province;

(d) "senior" means an individual who is

(i) 65 years of age or older, or

(ii) less than 65 years of age and receives seniors'

services;

(e) "seniors' services" means the programs,

services or systems of support, prescribed in the regulations, that are related

to health care, personal care, housing, transportation or finances that are used

by or associated with seniors; and

(f) "service providers" means the public

or private persons or bodies prescribed in the regulations who fund or deliver,

in whole or in part, seniors' services.

Office of

Seniors' Advocate established

3. The

Office of the Seniors' Advocate is established to

(

a) identify, review and analyze systemic issues

related to seniors;

(

b) work collaboratively with seniors'

organizations, service providers and others to identify and address systemic

issues related to seniors; and

(

c) make recommendations to government and government

agencies respecting changes to improve seniors' services.

Appointment of

Seniors' Advocate

4. On

resolution of the House of Assembly, the Lieutenant-Governor in Council shall

appoint a Seniors' Advocate.

Status of

advocate

(1) The advocate is an officer of the House of

Assembly and is not eligible to be nominated for election, to be elected or to

sit as a member of the House of Assembly.

(2) The

advocate shall not hold another public office or carry on a trade, business or

profession.

Term of office

(1) Unless he or she sooner resigns, dies or is

removed from office, the advocate shall hold office for 6 years from the date

of his or her appointment, and he or she may be re-appointed for a second term

of 6 years, but shall not hold office for more than 2 terms.

(2) The

advocate may resign his or her office in writing addressed to the Speaker of

the House of Assembly, or, where there is no Speaker or the Speaker is absent,

to the Clerk of the House of Assembly.

Removal or suspension

7. The Lieutenant-Governor in Council, on resolution

of the House of Assembly passed by a majority vote of the members of the House

of Assembly actually voting, may suspend or remove the advocate from office

because of an incapacity to act or for misconduct, cause or neglect of

duty .

Suspension when

House of Assembly not sitting

8. When the House of Assembly is not sitting, the

Lieutenant-Governor in Council may suspend the advocate because of an incapacity

to act or for misconduct, cause or neglect of duty but the suspension shall not continue in force

beyond the end of the next sitting of the House of Assembly.

Acting advocate

(1) The

Lieutenant-Governor in Council may, on the recommendation of the House of

Assembly Management Commission, appoint an acting advocate if

(

a) the advocate is temporarily unable to perform

his or her duties;

(

b) the office of the advocate becomes vacant or

the advocate is suspended when the House of Assembly is not sitting; or

(

c) the office of the advocate becomes vacant or

the advocate is suspended when the House of Assembly is sitting, but the House

of Assembly does not pass a resolution to appoint an advocate before the end of

that sitting.

(2) Where the office of the advocate becomes

vacant and an acting advocate is appointed under paragraph (1)(

b) or (c), the

term of the acting advocate shall not extend beyond the end of the next sitting

of the House of Assembly.

(3) An acting advocate holds office until

(

a) the advocate returns to his or her duties

after a temporary inability to perform;

(

b) the suspension of the advocate ends or is

dealt with in the House of Assembly; or

(

c) a person is appointed as an advocate under

section 4.

Salary, pension

and benefits

(1) The advocate shall be paid a salary fixed by the

Lieutenant-Governor in Council after consultation with the House of

Assembly Management Commission .

(2) The salary

of the advocate shall not be reduced except on resolution of the House of

Assembly.

(3) The advocate is subject to the Public Service Pensions Act, 1991 where

he or she was subject to that Act before his or her appointment as advocate.

(4) Where the advocate was not subject to the Public Service Pensions Act, 1991 before

his or her appointment as advocate, he or she shall be paid, for contribution

to a registered retirement savings plan, an amount equivalent to the amount

which he or she would have contributed to the Public Service Pension Plan were

the circumstances in subsection (3) applicable.

(5) The advocate is eligible to receive the same

benefits as a deputy minister, with the exception of a pension where subsection

(4) applies.

Expenses

11. The

advocate s hall be paid the travelling and

other expenses incurred by him or her in the performance of his or her duties

that may be approved by the House of Assembly Management Commission .

Advocate's staff

(1) The advocate may, subject to the approval of the House

of Assembly Management Commission , and in

the manner provided by the Public Service

Commission Act , appoint those assistants and employees that the advocate

considers necessary to enable him or her to carry out his or her powers and

duties under this Act.

(2) Persons employed under subsection (1) are

members of the public service of the province.

Oath of office

(1) Before beginning to perform his or her duties,

the advocate shall swear an oath or affirm before the Speaker of the House of Assembly

or the Clerk of the House of Assembly that he or she shall faithfully and

impartially perform the duties of his or her office.

(2) Every

person employed under the advocate shall, before he or she begins to perform

his or her duties, swear an oath, or affirm, before the advocate that he or she

shall not, except as provided by this Act, divulge information received by him

or her under this Act.

Confidentiality

of information

(1) The

advocate and every person employed under him or her shall keep confidential all

matters that come to their knowledge in the exercise of their powers and duties

under this Act.

(2) Notwithstanding subsection (1), the advocate

may disclose in a report made by him or her under this Act those matters which

he or she considers it necessary to disclose in order to establish grounds for

his or her conclusions and recommendations.

(3) A report the advocate makes under this Act

shall not disclose the name or identifying information about a senior.

Delegation

(1) The advocate may in writing delegate to another

person his or her powers under this Act except the power to make a report under

this Act.

(2) A person

purporting to exercise the power of the advocate by virtue of the delegation

under subsection (1) shall produce evidence of his or her authority to exercise

that power when required to do so.

Powers and duties

of advocate

(1) In

carrying out the powers and duties of his or her office the advocate may

(

a) receive and review matters related to seniors;

(

b) initiate and participate in reviews related to

seniors;

(

c) conduct research related to seniors, including

interviews and surveys;

(

d) consult with seniors, service providers and the

public;

(

e) request information, other than

(

i) personal health information within the meaning

of the Personal Health Information Act ,

and

(ii) personal information within the meaning of the

Access to Information and Protection of

Privacy Act, 2015 ;

(

f) make recommendations to government, government

agencies, service providers and community groups respecting legislation,

policies, programs and services impacting seniors; and

(

g) inform the public about the Office of the

Seniors' Advocate and promote awareness of systemic issues related to seniors.

(2) A service provider, department or government

agency who receives a request for information under this Act shall, if he, she

or it has custody or control of the information, provide the information.

Referral to Citizens'

Representative

17 . Where

the advocate becomes aware of a matter relating to a senior, the advocate may

refer that senior to the Citizens' Representative for investigation of that

matter.

Proceedings

against advocate

18. An

action does not lie against the advocate or

against a person employed under him or her for anything he or she may do or

report or say in the course of the exercise or performance, or intended exercise

or performance, of his or her powers and duties under this Act, unless it is

shown he or she acted in bad faith.

Advocate not to

be called as witness

19. The advocate and a person employed under him or

her shall not be called to give evidence in a court or in a proceeding of a

judicial or quasi-judicial nature in respect of anything coming to his or her

knowledge in the exercise or performance of his or her powers and duties under

this Act.

Annual report to

House of Assembly

20. The advocate shall report annually to the House

of Assembly through the Speaker on the exercise and performance of his or her

powers and duties under this Act.

Publication of

reports

21. Where

it is in the public interest, or in the

interest of a person, department or government agency, the advocate may publish

reports relating generally to the exercise and performance of his or her powers

and duties under this Act, whether or not the matters to be dealt with in the

report have been the subject of the report made to the House of Assembly under

this Act.

Regulations

22. The

Lieutenant-Governor in Council may make regulations

(

a) prescribing the programs, services or systems

of support for the purpose of paragraph 2(e);

(

b) prescribing the public or private persons or bodies

for the purpose of paragraph 2(f);

(

c) re-defining or further defining a word or

expression defined in this Act ;

(

d) defining a word or expression used

but not defined in this Act ; and

(

e) generally, to give effect to the purpose of

this Act.

Offence and

penalty

23 . A person who

(

a) obstructs,

hinders or resists the advocate or another person in the exercise or

performance of his or her powers and duties under this Act;

(

b) refuses or

fails to comply with a lawful request under this Act; or

(

c) makes a

false statement to or misleads or attempts to mislead the advocate or a person

employed under the advocate in the exercise or performance of his or her powers

and duties under this Act,

is guilty of

an offence and liable, on

summary conviction, to a fine of not more than $1,000

or to imprisonment for a term not exceeding 3 months, or to both.

SNL2007 cH-10.1 Amdt.

(1) Paragraph 2(

r) of the House of Assembly Accountability, Integrity

and Administration Act is amended by deleting the word "and" at

the end of subparagraph (

v) and by adding immediately after that subparagraph

the following:

(v.1) Seniors' Advocate, and

(2) Subsection 32(2) of the House of Assembly Accountability, Integrity and Administration Act

is amended by deleting the word "and" at the end of paragraph (d), by

deleting the comma at the end of paragraph (

e) and substituting a semi-colon

and the word "and", and by adding immediately after that paragraph

the following:

(f) subsection 12(1) of the Seniors' Advocate Act ,

SNL2016 cI-2.1 Amdt.

25. The

Schedule to the Independent Appointments

Commission Act is amended by adding immediately after the statutory appointment

reference " Royal Newfoundland

Constabulary Act, 1992 , subsection 4(1)" the statutory appointment

reference " Seniors' Advocate Act ,

section 4".

Commencement

26. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Queen's Printer