Advocacy Act, 1992, S.O. 1992, c. 26

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Advocacy Act, 1992

S.O. 1992, CHAPTER 26

Note: This Act was repealed on March 29, 1996. See: 1996, c. 2, s. 1.

Amended by: 1996, c. 2, s. 1.

GENERAL

Purposes of Act

1. The purposes of this Act are,

(a) to contribute to the empowerment of vulnerable persons and to promote respect for their rights, freedoms, autonomy and dignity;

(b) to provide advocacy services,

(i) to help individual vulnerable persons express and act on their wishes, ascertain and exercise their rights, speak on their own behalf, engage in mutual aid and form organizations to advance their interests,

(ii) to help individual vulnerable persons who are incapable of instructing an advocate, if there are reasonable grounds to believe that there is a risk of serious harm to the health or safety of those persons, and

(iii) to help vulnerable persons to bring about systemic changes at the governmental, legal, social, economic and institutional levels;

(c) to ensure that community development strategies are applied in the provision of advocacy services;

(d) to take into account the religion, culture and traditions of vulnerable persons;

(e) to ensure that aboriginal communities are enabled to provide their own advocacy services whenever possible;

(f) to acknowledge, encourage and enhance individual, family and community support for the security and well-being of vulnerable persons. 1992, c.26, s.1.

Definitions

2. In this Act,

“advocate” means a person who is authorized under subsection 7(4) to provide advocacy services on behalf of the Commission; (“intervenant”)

“community agency” means a non-profit community agency that is authorized under subsection 7(2) to perform functions on behalf of the Commission; (“organisme communautaire”)

“controlled-access residence” means premises, other than a facility, where one or more persons live and that are operated for remuneration by a person who controls access to the premises; (“résidence à accès contrôlé”)

“facility” means,

(a) a facility governed or funded under an Act mentioned in the Schedule,

(b) police detention facilities provided by a municipality under the Police Services Act,

(c) a detention facility maintained under the Municipal Act, or

(d) a facility prescribed by the regulations made under this Act; (“établissement”)

“vulnerable person” means a person who, because of a moderate to severe mental or physical disability, illness or infirmity, whether temporary or permanent and whether actual or perceived,

(a) is unable to express or act on his or her wishes or to ascertain or exercise his or her rights, or

(b) has difficulty in expressing or acting on his or her wishes or in ascertaining or exercising his or her rights. (“personne vulnérable”) 1992, c.26, s.2.

Application, vulnerable persons

3. (1) This Act applies in respect of vulnerable persons who are sixteen years of age or older.

Same, other persons

(2) This Act also applies in respect of other persons, whether or not they are vulnerable persons, but only for the purpose of providing rights advice and other advocacy services required by the Consent and Capacity Statute Law Amendment Act, 1992, the Consent to Treatment Act, 1992, the Mental Health Act and the Substitute Decisions Act, 1992. 1992, c.26, s.3.

Minister

4. The member of the Executive Council who is designated by the Lieutenant Governor in Council shall administer this Act. 1992, c.26, s.4.

COMMISSION

Advocacy Commission

5. (1) A commission to be known as the Advocacy Commission in English and as Commission d’intervention in French is hereby established.

Composition

(2) The Commission shall consist of a chair and twelve other members, appointed by the Lieutenant Governor in Council on the Minister’s recommendation.

Method of appointment

(3) The chair and eight of the other members shall be appointed from persons recommended to the Minister by the appointments advisory committee in accordance with section 16.

Same

(4) The four remaining members shall be appointed from persons who, in the opinion of the Minister, have demonstrated a commitment to the purposes of this Act.

Exception

(5) Despite subsection (3), a person who has not been recommended by the appointments advisory committee may be appointed to a position referred to in subsection (3) if,

(a) the appointments advisory committee does not make a recommendation to the Minister in accordance with section 16 within sixty days after being requested by the Minister to do so; or

(b) it is not possible to comply with subsection 6(1) by appointing a person recommended by the appointments advisory committee.

Chair

(6) The chair shall serve full-time and the other members shall serve part-time.

Term and reappointment

(7) The chair and the other members shall hold office for three-year terms and may be reappointed for one further three-year term.

Vacancies

(8) If a member’s position becomes vacant, the Lieutenant Governor in Council may, on the Minister’s recommendation, appoint a replacement to serve for the remainder of the member’s term.

Same

(9) The Commission may continue to operate pending the filling of a vacancy.

Remuneration and expenses

(10) The chair and other members of the Commission shall be paid the remuneration fixed by the Lieutenant Governor in Council and the reasonable expenses incurred in the course of their duties under this Act.

Staggered terms

(11) Despite subsection (7), four of the persons first appointed in accordance with subsection (3), other than the chair, and two of the persons first appointed in accordance with subsection (4) shall hold office for five-year terms and shall not be reappointed.

Meetings public

(12) Meetings of the Commission shall be open to the public.

Exclusion of public

(13) Despite subsection (12), the Commission may exclude the public from any meeting or part of a meeting if it is satisfied that,

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that meetings be open to the public;

(c) a person involved in a criminal proceeding or civil suit or proceeding may be prejudiced;

(d) personnel matters or property acquisitions will be discussed;

(e) instructions will be given to or opinions received from the solicitors for the Commission;

(f) the Commission will deliberate whether to exclude the public from a meeting or whether to make an order under subsection (14); or

(g) the public may be excluded in accordance with the regulations.

Orders preventing public disclosure

(14) In situations in which the Commission may exclude the public from meetings, it may make orders it considers necessary to prevent the public disclosure of matters disclosed in the meeting, including banning publication or broadcasting of those matters.

Reasons noted in minutes

(15) If the Commission excludes the public from a meeting or makes an order under subsection (14), it shall have its reasons for doing so noted in the minutes of the meeting. 1992, c.26, s.5.

Criteria for appointment

6. (1) A majority of the members of the Commission shall be persons who,

(a) have or have had a physical or mental disability or an illness or infirmity likely to result in a physical or mental disability; or

(b) are sixty-five years of age or older.

Same

(2) In the selection of persons to be appointed to the Commission, the importance of assuring equitable representation by appointing persons of both sexes, members of minority groups and residents of all the regions of Ontario to the Commission shall be considered. 1992, c.26, s.6.

Functions of Commission

7. (1) The Commission shall,

(a) promote respect for vulnerable persons and for their rights, freedoms, autonomy and dignity;

(b) provide advocacy services,

(i) to help individual vulnerable persons to express and act on their wishes, ascertain and exercise their rights, speak on their own behalf, engage in mutual aid and form organizations to advance their interests, and

(ii) to help individual vulnerable persons who are incapable of instructing an advocate, if there are reasonable grounds to believe that there is a risk of serious harm to the health or safety of those persons;

(c) provide advocacy services to help vulnerable persons to bring about systemic changes at the governmental, legal, social, economic and institutional levels;

(d) provide rights advice and other advocacy services required by the Consent and Capacity Statute Law Amendment Act, 1992, the Consent to Treatment Act, 1992, the Mental Health Act and the Substitute Decisions Act, 1992;

(e) ensure that community development strategies are applied in the provision of advocacy services;

(f) ensure that advocacy services are provided in a manner that takes into account the religion, culture and traditions of vulnerable persons;

(g) ensure that aboriginal communities are enabled to provide their own advocacy services whenever possible;

(h) acknowledge, encourage and enhance individual, family and community support for the security and well-being of vulnerable persons;

(i) conduct programs of public information and education about the Commission and the services it provides;

(j) conduct programs of public information and education about vulnerable persons and their rights, freedoms, autonomy and dignity;

(k) establish minimum qualifications, standards and a code of conduct for advocates;

(l) establish criteria and procedures applicable to,

(i) the authorization of community agencies under subsection (2) to perform functions on behalf of the Commission,

(ii) the authorization of persons under subsection (4) to provide advocacy services on behalf of the Commission, and

(iii) the suspension or revocation of an authorization under subsection (4);

(m)...

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