28 (1) A person who has reasonable grounds to suspect that any of the following has occurred or may occur shall immediately report the suspicion and the information upon which it is based to the Director: 1. Improper or incompetent treatment or care of a resident that resulted in harm or a risk of harm to the resident. 2. Abuse of a resident by anyone or neglect of a resident by the licensee or staff that resulted in harm or a risk of harm to the resident. 3. Unlawful conduct that resulted in harm or a risk of harm to a resident. 4. Misuse or misappropriation of a resident’s money. 5. Misuse or misappropriation of funding provided to a licensee under this Act, the Local Health System Integration Act, 2006 or the Connecting Care Act, 2019. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 5 of subsection 28 (1) of the Act is amended by striking out “the Local Health System Integration Act, 2006”. (See: 2021, c. 39, Sched. 1, s. 203 (4)) 2021, c. 39, Sched. 1, s. 28 (1). False information (2) Every person is guilty of an offence who includes in a report to the Director under subsection (1) information the person knows to be false. 2021, c. 39, Sched. 1, s. 28 (2). Exceptions for residents (3) A resident may make a report under subsection (1), but is not required to, and subsection (2) does not apply to residents who are incapable. 2021, c. 39, Sched. 1, s. 28 (3). Duty on practitioners and others (4) Even if the information on which a report may be based is confidential or privileged, subsection (1) also applies to a person mentioned in paragraph 1, 2 or 3, and no action or other proceeding for making the report shall be commenced against a person who acts in accordance with subsection (1) unless that person acts maliciously or without reasonable grounds for the suspicion: 1. A physician or any other person who is a member of a College as defined in subsection 1 (1) of the Regulated Health Professions Act, 1991. 2. A member of the Ontario College of Social Workers and Social Service Workers. 3. Any other person prescribed by the regulations. 2021, c. 39, Sched. 1, s. 28 (4); 2023, c. 4, Sched. 2, s. 2 (5). Offence of failure to report (5) The following persons are guilty of an offence if they fail to make a report required by subsection (1): 1. The licensee of the long-term care home or a person who manages a long-term care home pursuant to a contract described in section 113. 2. If the licensee or person who manages the home is a corporation, an officer or director of the corporation. 3. In the case of a home approved under Part IX, a member of the committee of management for the home under section 135 or of the board of management for the home under section 128 or 132. 4. A staff member. 5. Any person who provides professional services to a resident in the areas of health, social work or social services work. 6. Any person who provides professional services to a licensee in the areas of health, social work or social services work. 2021, c. 39, Sched. 1, s. 28 (5). Offences re suppressing reports (6) Every person mentioned in paragraph 1, 2, 3 or 4 of subsection (5) is guilty of an offence if the person, (a) coerces or intimidates a person not to make a report required by this section; (b) discourages a person from making a report required by this section; or (c) authorizes, permits or concurs in a contravention of the duty to make a report required by this section. 2021, c. 39, Sched. 1, s. 28 (6). Solicitor-client privilege (7) Nothing in this section abrogates any privilege that may exist between a solicitor and the solicitor’s client. 2021, c. 39, Sched. 1, s. 28 (7). Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 1, s. 203 (4) - not in force 2023, c. 4, Sched. 2, s. 2 (5) - 24/07/2023