Bill 39 explained in plain English
Protection of Vulnerable Seniors in the Community Act, 2018
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 41st Parliament, 3rd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill 39 requires regulated health professionals to report suspected abuse or neglect of seniors, establishes investigation procedures for the Public Guardian and Trustee, and provides protections against reprisal for reporters.
Bill 39, the Protection of Vulnerable Seniors in the Community Act, 2018, introduces new reporting requirements for regulated health professionals concerning the abuse or neglect of seniors. It amends the Substitute Decisions Act, 1992, and the Regulated Health Professions Act, 1991. The bill mandates that regulated health professionals report suspicions of senior abuse or neglect to the Public Guardian and Trustee, a police officer, or a prescribed person. This reporting obligation applies even if the information is confidential, with an exception for solicitor-client privilege. The Public Guardian and Trustee is then required to investigate these reports to determine if court applications for temporary guardianship are necessary. The bill also prohibits reprisals, coercion, or intimidation against health professionals who make such reports in good faith and establishes penalties for violations.
- Amends the Substitute Decisions Act, 1992, to define 'regulated health professional' and 'senior' (defined as a person 65 years or older).
- Amends the Substitute Decisions Act, 1992, to require regulated health professionals to report suspicions of abuse or neglect of seniors to the Public Guardian and Trustee, police, or a prescribed person, except in long-term care or retirement homes.
- Amends the Substitute Decisions Act, 1992, to require police officers or prescribed persons receiving such a report to provide it to the Public Guardian and Trustee.
- Amends the Substitute Decisions Act, 1992, to require the Public Guardian and Trustee to investigate these reports to determine if a court application for guardianship is needed.
- Amends the Substitute Decisions Act, 1992, to define 'abused' and 'neglected' in the context of seniors.
- Amends the Substitute Decisions Act, 1992, to ensure reporting requirements apply to confidential or privileged information, except for solicitor-client privilege, and to provide protection from legal proceedings for good-faith reporting.
- Amends the Substitute Decisions Act, 1992, to prohibit employers from intimidating, dismissing, or penalizing regulated health professionals for reporting suspicions of abuse or neglect or for cooperating with investigations.
- Amends the Substitute Decisions Act, 1992, to prohibit coercion or intimidation of regulated health professionals regarding reporting and to prohibit authorizing or concurring in contraventions of the reporting duty.
- Amends the Substitute Decisions Act, 1992, to establish penalties for contravening provisions related to reprisal, suppressing reports, or coercion.
- Amends the Regulated Health Professions Act, 1991, to make failing to report suspected senior abuse or neglect an act of professional misconduct.
- Amends the Substitute Decisions Act, 1992, to allow the Lieutenant Governor to proclaim the commencement date of the Act.
- Regulated health professionals (doctors, nurses, etc.)
- Seniors (persons 65 years of age or older)
- The Public Guardian and Trustee
- Police officers
- Prescribed persons
- Employers of regulated health professionals
- Regulated health professionals have a duty to report suspected abuse or neglect of seniors.
- Regulated health professionals have a right to protection from legal proceedings for good-faith reporting.
- Regulated health professionals have a right to protection from employer reprisal, intimidation, or penalty for reporting.
- Employers have an obligation not to intimidate, dismiss, or penalize regulated health professionals for reporting.
- The Public Guardian and Trustee has a duty to investigate reports.
- Police officers and prescribed persons have a duty to forward reports to the Public Guardian and Trustee.
- The Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
- Penalties for contravening provisions related to reprisal, suppressing reports, or coercion include fines of up to $25,000 or imprisonment for up to two years, or both.
- Contravention of provisions prohibiting reprisal, suppressing reports, or coercion is an offence punishable by a fine of not more than $25,000 or imprisonment for not more than two years, or both.
- The Act does not apply to seniors who are residents of a long-term care home or a retirement home.
- The definition of 'abused' and 'neglected' seniors is subject to regulations.
- The Public Guardian and Trustee is not required to take steps deemed unnecessary for their investigation.
- The commencement date of the Act is not specified and will be proclaimed by the Lieutenant Governor.
Introduces new definitions for 'regulated health professional' and 'senior'; requires regulated health professionals to report suspected abuse or neglect of seniors to specific authorities; requires police and prescribed persons to forward reports to the Public Guardian and Trustee; mandates the Public Guardian and Trustee to investigate reports and determine if court applications are needed; defines 'abused' and 'neglected'; provides that reporting requirements override confidentiality and privilege rules (except solicitor-client privilege) and protects reporters from legal action; prohibits employer reprisal against health professionals for reporting or cooperating; prohibits coercion and intimidation related to reporting; establishes penalties for violations.
Source: Sections 1, 2, 3, 4, 5, 6, 7
Makes it an act of professional misconduct for a regulated health professional to fail to report suspected abuse or neglect of seniors as required by the Substitute Decisions Act, 1992.
Source: Section 8
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
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Vote Summary
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
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