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OntarioDid Not Pass43rd Parliament, 1st Session

Bill 38 explained in plain English

Protecting Vulnerable Persons in Supportive Living Accommodation Act, 2023

Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Ontario Legislature
Legislature / Parliament
Legislative Assembly of Ontario
Session
43rd Parliament, 1st Session
Bill number
Bill 38
Full title
Protecting Vulnerable Persons in Supportive Living Accommodation Act, 2023
Current status
Did Not Pass
Latest event
Lost on division
Last updated
Oct 26, 2023
Sponsor

Official Legislative Assembly of Ontario snapshot for 43rd Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.

Chamber
Legislative Assembly of Ontario
Current Stage
Lost on division
Latest Activity
Oct 26, 2023
Sponsor
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

This bill creates a licensing requirement for operators of supportive living accommodations in Ontario where four or more unrelated residents receive daily assistance.

What It Means

Bill 38 establishes a new licensing system for "supportive living accommodations" in Ontario. A supportive living accommodation is a residential building where four or more people who are not related to the operator live and receive help with daily activities like cleaning, managing money, preparing meals, shopping, or taking medication. Under this bill, anyone operating such a residence must obtain a licence from the Minister (a government official responsible for administering the Act). The licence is specific to one premises and one operator—it cannot be moved to a different building or transferred to a different person. Operators must follow any conditions attached to their licence, meet prescribed standards for the accommodation, and display a copy of their licence in a prominent place on the premises. The bill does not apply to certain existing types of facilities already licensed under other laws, including children's residences, homes for special care, long-term care homes, private hospitals, hospitals, retirement homes, and premises where service agencies provide residential services for persons with developmental disabilities. People who operate supportive living accommodations without a licence can be convicted of an offence and fined up to $1,000 for each day the violation continues. The government can appoint inspectors to check compliance with the Act. There will also be a complaint mechanism allowing residents and members of the public to report alleged violations. The bill provides a three-month transition period after it comes into force during which people can continue operating without a licence. After that period ends, a licence is required. Many details about how the licensing system will work—such as application procedures, specific standards for accommodations, and how inspections will be conducted—will be set out in future regulations made by the Minister.

What This Bill Does
  • Requires operators of supportive living accommodations to obtain a licence from the Minister
  • Defines 'supportive living accommodation' as a residential premises where four or more unrelated persons reside and receive assistance in daily activities from, or as arranged by, the operator
  • Authorizes the Minister to issue, refuse, renew, or cancel licences
  • Allows the Minister to impose conditions on licences at any time
  • Establishes that licences are specific to particular premises and operators and cannot be transferred
  • Requires operators to comply with licence conditions, prescribed standards, and to post their licence prominently on the premises
  • Allows the Minister to appoint inspectors to perform inspections for compliance purposes
  • Requires the Minister to establish a complaint mechanism for residents and the public
  • Provides a three-month transition period during which operations without a licence are permitted
  • Creates an offence for operating without a required licence, with penalties of up to $1,000 per day
  • Exempts certain premises already licensed under other Ontario laws from the licensing requirement
Who Is Affected
  • Operators of supportive living accommodations (residential premises where four or more unrelated persons reside and receive assistance in daily activities)
  • Residents of supportive living accommodations (protection through licensing requirements and complaint mechanisms)
  • Members of the public (who may file complaints about alleged violations)
  • The Ontario government (specifically the Minister responsible for administering the Act)
  • Inspectors appointed by the Minister to conduct compliance inspections
Rights, Duties, Or Obligations
  • Operators must obtain and maintain a licence from the Minister to operate a supportive living accommodation
  • Operators must comply with any conditions imposed on their licence by the Minister
  • Operators must comply with prescribed standards for the accommodation as set out in future regulations
  • Operators must post a copy of their licence in a prominent place on the premises
  • The Minister has the authority to issue, refuse to issue, renew, or cancel licences
  • The Minister may impose conditions on a licence at any time
  • Inspectors may conduct inspections to determine compliance with the Act and regulations
  • Residents and members of the public have the right to complain about alleged contraventions of the Act or regulations
Important Dates
  • The Act comes into force on the day it receives Royal Assent
  • A three-month transition period begins on the day the Act comes into force, during which people may operate a supportive living accommodation without a licence; after this period ends, a licence is required
Financial Or Tax Impacts
  • Potential fines of up to $1,000 per day for operating without a required licence
Enforcement Or Penalties
  • Operating a supportive living accommodation without a required licence is an offence
  • Upon conviction, an offender is liable to a fine of not more than $1,000 for each day on which the offence occurs or continues
Uncertainties Or Limits
  • Many implementation details are not specified in the bill and will be determined by future regulations, including: application procedures for licences; specific standards for accommodations (condition, equipment, facilities, services); powers and duties of inspectors; and mechanisms for reviewing licence cancellation decisions
  • The bill text does not specify which government ministry or minister will be responsible for administering the Act
  • The bill does not specify what conditions the Minister may impose on licences or what grounds may be used for refusing or cancelling a licence
  • The specific design and operation of the complaint mechanism is not detailed in the bill
  • The bill text does not specify penalties or consequences for operators who fail to comply with prescribed standards or licence conditions (beyond the offence of operating without a licence)
  • The three-month transition period expires three months after Royal Assent, but the bill does not specify what happens to operators who have not obtained a licence by that date
Laws Or Regulations Affected
Child, Youth and Family Services Act, 2017
reference

Children's residences licensed under Part IX (Residential Licensing) of this Act are exempted from the supportive living accommodation licensing requirement

Homes for Special Care Act
reference

Homes for special care already licensed under this Act are exempted from the supportive living accommodation licensing requirement

Fixing Long-Term Care Act, 2021
reference

Long-term care homes licensed under this Act are exempted from the supportive living accommodation licensing requirement

Private Hospitals Act
reference

Private hospitals are exempted from the supportive living accommodation licensing requirement

Public Hospitals Act
reference

Hospitals are exempted from the supportive living accommodation licensing requirement

Retirement Homes Act, 2010
reference

Retirement homes are exempted from the supportive living accommodation licensing requirement

Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008
reference

Premises where service agencies provide residential services and supports are exempted from the supportive living accommodation licensing requirement

Executive Council Act
reference

Used to determine which member of the Executive Council is responsible for administering this Act

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.

Official text

Process Snapshot

Step 1
First reading
Nov 15, 2022
Step 2
Second reading
Oct 26, 2023
Step 3
Committee review
Not reached yet
Step 4
Third reading
Not reached yet
Step 5
Royal assent
Not reached yet

Vote Summary

Yes
28
No
66
Abstain
0
Absent / Other
0
Final recorded vote
Oct 26, 2023
94 representative positions are recorded in this official snapshot for this vote.
Sponsor
Jeff Burch
New Democratic Party of Ontario | Niagara Centre
Jurisdiction
Ontario Legislature

Representative Voting Breakdown

Vote badges include text labels so the table stays readable for everyone, even without color cues alone.

RepresentativeRoleRidingPartyVoteNotes
Jeff BurchSponsor
MPP
MPPNiagara CentreNew Democratic Party of OntarioYesRecorded without an additional note.
MPPDon Valley EastOntario Liberal PartyYesRecorded without an additional note.
MPPParkdale—High ParkNew Democratic Party of OntarioYesRecorded without an additional note.
MPPWaterlooNew Democratic Party of OntarioYesRecorded without an additional note.
MPPOttawa West—NepeanNew Democratic Party of OntarioYesRecorded without an additional note.
MPPSpadina—Fort YorkNew Democratic Party of OntarioYesRecorded without an additional note.
MPPMushkegowuk—James BayNew Democratic Party of OntarioYesRecorded without an additional note.
MPPSudburyNew Democratic Party of OntarioYesRecorded without an additional note.
MPPSt. CatharinesNew Democratic Party of OntarioYesRecorded without an additional note.
MPPOshawaNew Democratic Party of OntarioYesRecorded without an additional note.
MPPToronto—St. Paul'sNew Democratic Party of OntarioYesRecorded without an additional note.
MPPOttawa SouthOntario Liberal PartyYesRecorded without an additional note.
MPPTimiskaming—CochraneNew Democratic Party of OntarioYesRecorded without an additional note.
MPPKanata—CarletonOntario Liberal PartyYesRecorded without an additional note.
MPPToronto CentreNew Democratic Party of OntarioYesRecorded without an additional note.
MPPThunder Bay—Superior NorthNew Democratic Party of OntarioYesRecorded without an additional note.
MPPOttawa—VanierOntario Liberal PartyYesRecorded without an additional note.
MPPDavenportNew Democratic Party of OntarioYesRecorded without an additional note.
MPPBeaches—East YorkOntario Liberal PartyYesRecorded without an additional note.
MPPGuelphGreen Party of OntarioYesRecorded without an additional note.
MPPHamilton MountainNew Democratic Party of OntarioYesRecorded without an additional note.
MPPLondon WestNew Democratic Party of OntarioYesRecorded without an additional note.
MPPHamilton West—Ancaster—DundasNew Democratic Party of OntarioYesRecorded without an additional note.
MPPKiiwetinoongNew Democratic Party of OntarioYesRecorded without an additional note.
MPPOrléansOntario Liberal PartyYesRecorded without an additional note.
MPPLondon North CentreNew Democratic Party of OntarioYesRecorded without an additional note.
MPPLondon—FanshaweNew Democratic Party of OntarioYesRecorded without an additional note.
MPPNiagara FallsNew Democratic Party of OntarioYesRecorded without an additional note.
MPPBrampton WestProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPWindsor—TecumsehProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPScarborough—AgincourtProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMarkham—UnionvilleProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPCambridgeProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPEtobicoke—LakeshoreProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPRichmond HillProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPPeterborough—KawarthaProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPScarborough CentreProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPNewmarket—AuroraProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMississauga—MaltonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPOakville North—BurlingtonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBrampton EastProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBarrie—InnisfilProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPYork—SimcoeProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBrampton CentreProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPNorthumberland—Peterborough SouthProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPFlamborough—GlanbrookProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPEtobicoke NorthProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPOxfordProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBrampton NorthProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPParry Sound—MuskokaProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPSimcoe NorthProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPEtobicoke CentreProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPHaliburton—Kawartha Lakes—BrockProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPHuron—BruceProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPVaughan—WoodbridgeProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPAurora—Oak Ridges—Richmond HillProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPYork CentreProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPKitchener—ConestogaProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMississauga CentreProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPHamilton East—Stoney CreekProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMississauga—StreetsvilleProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPStormont—Dundas—South GlengarryProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMarkham—StouffvilleProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPPickering—UxbridgeProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBrampton SouthProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPScarborough NorthProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPElgin—Middlesex—LondonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPWillowdaleProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPOakvilleProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPKing—VaughanProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPDufferin—CaledonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPDurhamProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPChatham-Kent—LeamingtonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPNipissingProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPScarborough—Rouge ParkProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPLanark—Frontenac—KingstonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPRenfrew—Nipissing—PembrokeProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPThornhillProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMarkham—ThornhillProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPWhitbyProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPPerth—WellingtonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPYork South—WestonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBurlingtonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMiltonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPAjaxProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPHastings—Lennox and AddingtonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBruce—Grey—Owen SoundProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPEglinton—LawrenceProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMississauga—LakeshoreProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMississauga—Erin MillsProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPGlengarry—Prescott—RussellProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBay of QuinteProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPDon Valley NorthIndependentNoRecorded without an additional note.
MPPBrantford—BrantProgressive Conservative Party of OntarioNoRecorded without an additional note.

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.

How this data is sourced