Regulation - LGIC

A regulation to prescribe entities under the Seniors Active Living Centres Act, 2017 (SALCA)

Regulation Number(s):
N/A
Instrument Type:
Regulation - LGIC
Bill or Act:
Seniors Active Living Centres Act, 2017 (SALCA)
Summary of Proposal:
Issue:

The number of older adults in Ontario continues to grow, as the baby boomer generation (currently aged 58 to 77) move into their later years. From 2022 to 2046, an average of 190,350 people will turn 65 every year.

Maintaining good physical, social and mental health throughout the aging process can help yield positive health benefits, including reduced risk of dementia and depression (Statistics Canada).

SALC programs can help build healthier and safe communities while addressing the long-term growth and needs of an aging population, by:
• Helping reduce health care costs associated with physical inactivity and falls;
• Reducing social isolation, a risk factor for abuse and linked to negative physical and mental health outcomes; and
• Providing seniors with services they need and improving service access.

Ontario is investing over $15M starting in 2024-25 to support 316 SALC programs aimed at promoting the engagement, health, and well-being of older Ontarians.

SALC programs are not physical locations; programs are operated by community organizations and municipalities.

SALC operators and programs are approved pursuant to the SALCA. The act sets out the following cost-sharing model:

• For SALC operators in a municipality, 20% of a program's net operating costs must be contributed, in cash or in kind, by any one of the following options:
o A municipality;
o One or more contiguous municipalities; or
o Prescribed entities, if any.

• For SALC operators outside of a municipality, 20% of a program's net operating costs must be contributed, in cash or in kind by prescribed entities, if any.

At present, there are no prescribed entities and all the cost sharing is provided by municipalities to SALC operators in municipalities.

Many older adults may not have a SALC program in their municipality or community or may face other barriers in accessing existing programs. For some, their culture or ethnicity, language, abilities, geographic location, and access to transportation may impact their interest and ability to utilize these programs.

Proposal:

MSAA is proposing a new LGIC regulation under the SALCA that would allow more organizations to be contributors to the health and well-being of seniors in Ontario through their participation in SALC programs.

The proposed regulation, if approved, would prescribe additional organizations that can provide the 20% contribution.

The following are proposed entities that could be prescribed to support cost-sharing for SALC operators, operating in a municipality or outside of a municipality:


1: Non-Profit Corporations

Definition:

Ontario not-for-profit corporations incorporated under the Not-for-Profit Corporations Act, 2010 or a predecessor of that Act, or Ontario not-for-profit corporations incorporated under a special Act of the Legislature, federal not-for-profit corporations incorporated under the Canada Not-for-profit Corporations Act or a predecessor of that Act operating or conducting business in Ontario, federal not-for-profit corporations incorporated under a special Act of the Parliament operating or conducting business in Ontario, not-for-profit corporations incorporated under the laws of a province or territory of Canada that are operating or conducting business in Ontario.

Examples include:
- Legions
- Certain service clubs (for example, Lion's Clubs)
- Social, recreational, or hobby groups (bridge clubs, curling clubs)
- Cultural or linguistic organizations
- Indigenous organizations
- Faith-based organizations
- Low-income housing for the aged


2: Registered charities

Definition:

A registered charity as defined in subsection 248(1) of the Income Tax Act:
(a) a charitable organization, private foundation or public foundation, within the meanings assigned by subsection 149.1(1), that is resident in Canada and was either created or established in Canada, or

(b) a branch, section, parish, congregation or other division of an organization or foundation described in paragraph (a), that is resident in Canada and was either created or established in Canada and that receives donations on its own behalf, that has applied to the Minister in prescribed form for registration and that is at that time registered as a charitable organization, private foundation or public foundation; (organisme de bienfaisance enregistré).

Examples include:
- Certain service clubs (for example, Rotary clubs)


3: Indigenous communities and organizations

Definition:

A First Nation community which is managed by elected councils according to the laws of the Indian Act.
An Inuit community or organization.
A Métis community or organization.

Examples include:
- Look up First Nations in Ontario (https://fnp-ppn.aadnc-aandc.gc.ca/FNP/Main/Search/SearchFN.aspx?lang=eng)
- Tungasuvvingat Inuit
- Métis Nation of Ontario


4: Local Services Boards (LSBs)

Definition:

LSBs under the Northern Services Boards Act, R.S.O. 1990 (R.R.O. 1990, Reg. 737: LOCAL SERVICES BOARDS (ontario.ca)

An LSB is a volunteer organization that has the authority to deliver approved services to residents in rural areas of Northern Ontario where there is no municipal government.

An LSB is not a municipality and does not have the same authority as one. Each LSB can deliver between one and nine basic services, including recreation services and public library services.

Examples include:
- Local Service Board of Armstrong
- Local Service Board of Moose Factory
- Local Service Board of Wabigoon
- https://www.ontario.ca/laws/regulation/900737?search=Northern+Services+Boards+Act%2C+R.S.O.+1990


MSAA welcomes feedback on the proposal and has a particular interest in responses that address:

(I) The scope of the proposed prescribed entities (i.e. are there are any entities that are not captured in the proposed categories that would be beneficial to include)?

(II) Impacts this proposal may have on existing SALC operators.
Analysis of Regulatory Impact:
The proposed regulation, if approved, will enable more types of organizations to provide the cost-sharing contribution required under the SALCA, and may alleviate the pressure on municipalities to provide 20% of a SALC program's operating costs. This will facilitate more varied programs for more older adults in the community where they live and where they already congregate.

The proposed changes do not increase or decrease regulatory burdens but expand the types of organizations that SALC operators can potentially partner with to fund SALC programming pursuant to existing SALCA requirements. As such, changes are not expected to result in substantial cost savings, time savings or other financial benefit for SALC program operators, or the government.

Given that cost sharing is already required, the proposed regulation, if approved, should not significantly impact the time spent to apply to be a SALC operator, or impact compliance or accounting related time.
Further Information:
Proposal Number:
24-MSAA001
Posting Date:
February 5, 2024
Comments Due Date:
March 22, 2024
Contact Address:
Ministry for Seniors and Accessibility
777 Bay Street, 6th Floor, Suite 600C
Toronto, ON, M7A 2J4
seniorspolicyunit@ontario.ca