The Seniors' Advocate Act

The Seniors' Advocate Act, C.C.S.M. c. S86 (Assented to November 7, 2024) bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS 1 Definitions PART 2 OFFICE OF THE SENIORS' ADVOCATE 2 Appointment 3 Officer of the Assembly 4 Term of office 5 Remuneration 6 Civil Service Superannuation Act applies 7 Resignation, suspension or removal 8 Appointment of deputy 9 Oath of office PART 3 RESPONSIBILITIES AND POWERS 10 Responsibilities and powers 11 Right to information 12 Access to places 13 Confidentiality and privacy 14 Limits on disclosure PART 4 SERVICE PLAN AND ANNUAL REPORT 15 Service plan 16 Annual report PART 5 GENERAL PROVISIONS 17 Protection from liability 18 Protection for persons giving information 19 Offence and penalty 20 Regulations 21 Rules of the Assembly PART 6 CONSEQUENTIAL AMENDMENTS, C.C.S.M. REFERENCE AND COMING INTO FORCE 22-28 Consequential amendments 29 C.C.S.M. reference 30 Coming into force HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 DEFINITIONS Definitions 1 The following definitions apply in this Act. "fiscal year" means the period beginning on April 1 of one year and ending on March 31 of the following year. (« exercice ») "health authority" has the same meaning as in The Health System Governance and Accountability Act . (« office de la santé ») "local authority" means (a) a municipality; (b) an incorporated community established or continued under The Northern Affairs Act ; and (c) a local government district. (« autorité locale ») "personal health information" has the same meaning as in The Personal Health Information Act . (« renseignements médicaux personnels ») "personal information" has the same meaning as in The Freedom of Information and Protection of Privacy Act . (« renseignements personnels ») "prescribed" means prescribed by regulation under this Act. (Version anglaise seulement) "senior" means a resident of Manitoba aged 65 years or older. (« aîné ») "Seniors' Advocate" means the Seniors' Advocate appointed under section 2. (« protecteur des aînés ») "seniors' services" means programs, services or systems of support that relate to health care, personal care, housing, transportation, community living or personal finances and that are used by or associated with seniors. (« services aux aînés ») "service provider" means (a) a public sector entity that delivers seniors' services, including the government, a government agency, a health authority and a local authority; and (b) a person or entity that receives public sector funding to deliver seniors' services. (« fournisseur de services ») PART 2 OFFICE OF THE SENIORS' ADVOCATE APPOINTMENT Appointment of Seniors' Advocate 2(1) A person is to be appointed as the Seniors' Advocate by resolution of the Assembly. Committee recommendation required 2(2) A person may be appointed as the Seniors' Advocate only if the appointment has been recommended by the Standing Committee of the Assembly on Legislative Affairs. Appointment process 2(3) If at any time the office of the Seniors' Advocate (a) will become vacant within six months because the term of office is scheduled to expire or the Seniors' Advocate has resigned; or (b) has become vacant for any other reason; the President of the Executive Council must, within one month after that time, convene a meeting of the Standing Committee on Legislative Affairs and the Standing Committee must, within six months after that time, consider candidates for the office and make a recommendation to the Assembly. Officer of the Assembly 3(1) The Seniors' Advocate is an officer of the Assembly. No other public office 3(2) The Seniors' Advocate must not hold any other public office or engage in any partisan political activity. Term of office 4(1) The Seniors' Advocate is to hold office for a term of five years. Re-appointment 4(2) The Seniors' Advocate may be re-appointed for a second term of five years but must not hold office for more than two five-year terms. Remuneration 5(1) Subject to this section, the salary and benefits of the Seniors' Advocate are to be determined by the Legislative Assembly Management Commission. No reduction of salary 5(2) The Seniors' Advocate's salary must not be reduced except by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly. Expenses 5(3) The Seniors' Advocate must be reimbursed for reasonable travelling and out-of-pocket expenses incurred in carrying out their responsibilities. Civil Service Superannuation Act applies 6(1) The Seniors' Advocate and any person employed under the Seniors' Advocate are employees within the meaning of The Civil Service Superannuation Act . Employees 6(2) A person employed under the Seniors' Advocate must be appointed under section 58 of The Public Service Act . RESIGNATION, SUSPENSION OR REMOVAL Resignation 7(1) The Seniors' Advocate may resign at any time by giving written notice to the Speaker of the Assembly or, if the Speaker is absent or there is no Speaker, to the Clerk of the Assembly. Suspension or removal 7(2) The Seniors' Advocate may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly. Suspension if Assembly not sitting 7(3) If the Assembly is not sitting, the Speaker may, with the prior approval of the Legislative Assembly Management Commission, suspend the Seniors' Advocate for cause. Length of suspension 7(4) A suspension under subsection (3) ends not later than 30 sitting days of the Assembly after the suspension came into effect. APPOINTMENT OF DEPUTY Deputy Seniors' Advocate 8(1) On the recommendation of the Seniors' Advocate and with the prior approval of the Legislative Assembly Management Commission, a Deputy Seniors' Advocate may be appointed under section 58 of The Public Service Act . Powers and responsibilities 8(2) If the Seniors' Advocate is absent or unable to act or if the office is vacant, the Deputy Seniors' Advocate has the powers and responsibilities of the Seniors' Advocate. Salary in certain cases 8(3) If the Deputy Seniors' Advocate has assumed the Seniors' Advocate's responsibilities for an extended period, the Legislative Assembly Management Commission may, by resolution, direct that the Deputy Seniors' Advocate be paid a salary within the same range as the Seniors' Advocate's salary. No other public office 8(4) The Deputy Seniors' Advocate must not hold any other public office or engage in any partisan political activity. OATH OF OFFICE Oath of office 9(1) Before beginning to carry out responsibilities or exercise powers under this Act, the Seniors' Advocate must take an oath before the Speaker or the Clerk of the Assembly to faithfully and impartially carry out the responsibilities of office and not to disclose any information received under this Act except as provided in this Act. Oath of staff 9(2) Each person employed under the Seniors' Advocate must, before beginning to carry out their responsibilities, take an oath before the Seniors' Advocate not to disclose any information received under this Act except as provided in this Act. PART 3 RESPONSIBILITIES AND POWERS Responsibilities 10(1) The Seniors' Advocate has the following responsibilities: (a) to identify, review and analyse systemic problems or concerns that the Seniors' Advocate believes to be important to the lives of seniors; (b) to collaborate with service providers, seniors' organizations and others for the purpose of addressing systemic problems or concerns faced by seniors and improving the availability, effectiveness and responsiveness of seniors' services; (c) to promote awareness of the availability of seniors' services; (d) to make recommendations to service providers to improve the availability, effectiveness and responsiveness of seniors' services; (e) to make recommendations to the government to further the well-being, quality of life and independence of seniors. Actions 10(2) The Seniors' Advocate may carry out their responsibilities under subsection (1) by (a) gathering information and conducting research, including conducting interviews and surveys about seniors' services; (b) consulting with service providers, seniors' organizations and the public; (c) advising the minister responsible for the provision of a seniors' service about any matter relating to the service that the Seniors' Advocate considers appropriate; (d) preparing reports relating to matters within their responsibilities under subsection (1), including reports that make recommendations under clauses (1)⁠(d) and (e); and (e) reporting to the public on any matter arising from the carrying out of the responsibilities of the Seniors' Advocate under this Act. Particular regard 10(3) In carrying out their responsibilities under this Act, the Seniors' Advocate must have particular regard to (a) the systemic problems or concerns facing seniors who belong to communities or groups that experience racism or discrimination; and (b) the ways in which initiatives in respect of the provision of seniors' services can advance reconciliation between Indigenous and non-Indigenous peoples. Referral of individual matters 10(4) If the Seniors' Advocate becomes aware of a matter that, in the opinion of the Seniors' Advocate, should be the subject of an individual complaint, inquiry or investigation, the Seniors' Advocate may, with the consent of the individual concerned, refer the matter directly to an appropriate person or body having jurisdiction over the matter for further action. Individual matters indicative of systemic problems or concerns 10(5) The Seniors' Advocate must consider whether individual matters referred for complaint, inquiry or investigation are indicative of systemic problems or concerns and, if so, must take the appropriate actions under subsection (2) to deal with them. Information may be requested 11(1) The Seniors' Advocate may, in writing, request a service provider or other person to provide information — other than personal information or personal health information — necessary to enable the Seniors' Advocate to carry out their responsibilities under this Act. Duty to provide information 11(2) The Seniors' Advocate may, in writing, require the government, a government agency, a health authority, a local authority or any other prescribed service provider to provide information — other than personal information or personal health information — necessary to enable the Seniors' Advocate to carry out their responsibilities under this Act. The service provider must, if it has custody or control of the information, provide the information within the time limit specified by the Seniors' Advocate. Privileged information excluded 11(3) For the purpose of this section, the Seniors' Advocate must not require information that is subject to a legal privilege, including solicitor-client privilege, the privilege respecting Cabinet confidences and the privilege in section 9 of The Manitoba Evidence Act (hospital, standards and critical incident review committees). Access requested 12(1) For the purpose of carrying out their responsibilities under this Act, the Seniors' Advocate may, with the consent of the owner or person in charge, access a place where seniors' services are provided. Access required 12(2) The Seniors' Advocate may require the government, a government agency, a health authority, a local authority or any other prescribed service provider to provide access to a place (other than a private residence) where seniors' services are provided, and the owner or person in charge of the place must provide access at a time when it is reasonable to do so. Confidentiality of information 13 The Seniors' Advocate and each person employed under the Seniors' Advocate (a) must maintain confidentiality about all matters that come to their knowledge in the course of their work under this Act; and (b) must not disclose information to any person except as required to carry out responsibilities and exercise powers under this Act. Limits on disclosure 14 The Seniors' Advocate and each person employed under the Seniors' Advocate must ensure that any disclosure of personal information, personal health information or potentially identifying information is (a) necessary to accomplish the purpose for which the disclosure is made; and (b) limited to the minimum amount of information necessary to accomplish the purpose for which the disclosure is made. PART 4 SERVICE PLAN AND ANNUAL REPORT SERVICE PLAN Service plan 15(1) For the fiscal year beginning after the coming into force of this Act and for each fiscal year afterwards, the Seniors' Advocate must prepare a service plan that describes the goals of the Seniors' Advocate for the year and sets out specific objectives and performance measures. Plan submitted to Speaker 15(2) The Seniors' Advocate must submit the service plan to the Speaker of the Assembly not later than November 30 of the year before the fiscal year to which the service plan relates. Tabling plan in Assembly 15(3) The Speaker must table a copy of the service plan in the Assembly on any of the first 15 days on which the Assembly is sitting after the Speaker receives it. ANNUAL REPORT Annual report to Assembly 16(1) For each fiscal year, the Seniors' Advocate must prepare and submit to the Speaker of the Assembly an annual report on the carrying out of responsibilities and the exercise of powers under this Act. Contents 16(2) The annual report must include (a) information on the work of the Seniors' Advocate during the year; (b) a summary of the individual matters that the Seniors' Advocate referred to appropriate persons or bodies for complaint, inquiry or investigation during the year, and how those matters served to guide the Seniors' Advocate in identifying problems or concerns that are important to the lives of seniors; (c) a summary of recommendations made to service providers during the year; and (d) information as to whether the goals and the specific objectives and performance measures of the Seniors' Advocate set out in the service plan prepared for the year have been met. Comparison of actual and expected results required 16(3) In relation to clause (2)⁠(d), the report must compare actual results for the fiscal year with the expected results identified in the service plan for the Seniors' Advocate for the fiscal year. Compliance information may be included 16(4) The annual report may include information as to the level of compliance with previous recommendations the Seniors' Advocate has made. Submitting annual report to Speaker 16(5) The Seniors' Advocate must submit the annual report to the Speaker of the Assembly not later than November 30 of each year. Tabling report in Assembly 16(6) The Speaker must table a copy of the annual report in the Assembly on any of the first 15 days on which the Assembly is sitting after the Speaker receives the report. Referral to Standing Committee 16(7) The annual report stands referred to the Standing Committee of the Assembly on Legislative Affairs. The Standing Committee must begin considering the report within 60 days after it is tabled in the Assembly. PART 5 GENERAL PROVISIONS Protection from liability 17 No action or proceeding may be brought against the Seniors' Advocate, or any person employed under the Seniors' Advocate, for anything done, or omitted to be done, in good faith, in the performance or intended performance of a responsibility or the exercise or intended exercise of a power under this Act. Protection for persons giving information 18(1) No action or proceeding may be brought against a person by reason only of having complied with a request or requirement of the Seniors' Advocate to provide information or access under this Act. Defence under other enactments 18(2) No person is guilty of an offence under another enactment by reason only of having complied with a request or requirement of the Seniors' Advocate to provide information or access under this Act. No retaliatory action against persons giving information 18(3) A person must not take adverse employment action against, or withhold services from, or otherwise discriminate against another person because the other person has complied with a request or requirement of the Seniors' Advocate to provide information or access under this Act. Offence and penalty 19 A person who fails to comply with subsection 18(3) (no retaliatory action) is guilty of an offence and is liable on conviction to a fine of not more than $10,000, or to imprisonment for a term of not more than three months, or both. Regulations 20 The Lieutenant Governor in Council may make regulations prescribing service providers for the purpose of subsections 11(2) and 12(2), including by name, by class or by a description of the seniors' service delivered by the service providers. Rules of the Assembly 21(1) The Assembly may make general rules for the guidance of the Seniors' Advocate in carrying out their responsibilities and exercising their powers under this Act. Procedure of Seniors' Advocate 21(2) Subject to this Act and any rules made under subsection (1), the Seniors' Advocate may determine their procedure. PART 6 CONSEQUENTIAL AMENDMENTS, C.C.S.M. REFERENCE AND COMING INTO FORCE CONSEQUENTIAL AMENDMENTS 22 to 28 NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts. C.C.S.M. REFERENCE AND COMING INTO FORCE C.C.S.M. reference 29 This Act may be referred to as chapter S86 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 30 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2024, c. 35, Schedule E came into force by proclamation on November 1, 2025.