2 (1) In this Act, “abuse”, in relation to a resident, means physical, sexual, emotional, verbal or financial abuse, as defined in the regulations in each case; (“mauvais traitements”) “Administrator”, in relation to a long-term care home, means the Administrator for the home required under section 76; (“administrateur du foyer”) “Agency” means the corporation continued by section 3 of the Connecting Care Act, 2019; (“Agence”) “Appeal Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission d’appel”) “care” includes treatment and interventions; (“soins”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (1) of the Act is amended by adding the following definition: (See: 2021, c. 39, Sched. 1, s. 203 (1)) “confine”, except with respect to the common law duty of a caregiver to confine a person as referred to in section 39, has the meaning provided for in the regulations; (“confiner”) “Director” means the person appointed under section 185 as the Director and, where more than one person has been appointed, means the person who is the Director for the purposes of the provision in which the term appears; (“directeur”) “Director of Nursing and Personal Care”, in relation to a long-term care home, means the Director of Nursing and Personal Care for the home required under section 77; (“directeur des soins infirmiers et des soins personnels”) “fundamental principle” means the fundamental principle set out in section 1; (“principe fondamental”) “incapable” means unable to understand the information that is relevant to making a decision concerning the subject matter or unable to appreciate the reasonably foreseeable consequences of a decision or a lack of decision; (“incapable”) “intervention” means an action, procedure or activity designed to achieve an outcome to a condition or a diagnosis; (“intervention”) “licensee” means the holder of a licence issued under this Act, and includes the municipality or municipalities or board of management that maintains a municipal home, joint home or First Nations home approved under Part IX; (“titulaire de permis”) “local health integration network” means a local health integration network as defined in section 2 of the Local Health System Integration Act, 2006; (“réseau local d’intégration des services de santé”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “local health integration network” in subsection 2 (1) of the Act is repealed. (See: 2021, c. 39, Sched. 1, s. 203 (2)) “long-term care home” means a place that is licensed as a long-term care home under this Act, and includes a municipal home, joint home or First Nations home approved under Part IX; (“foyer de soins de longue durée”) “Minister” means the Minister of Long-Term Care, or, if the responsibility for the administration of this Act has been assigned to another Minister under the Executive Council Act, that Minister; (“ministre”) “Ministry” means the Ministry over which the Minister presides; (“ministère”) “personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”) “physician” means a member of the College of Physicians and Surgeons of Ontario or another person prescribed by the regulations; (“médecin”) “registered nurse” means a member of the College of Nurses of Ontario who holds a certificate of registration as a registered nurse under the Nursing Act, 1991 or another person prescribed by the regulations; (“infirmière autorisée” or “infirmier autorisé”) “registered nurse in the extended class” means a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991 or another person prescribed by the regulations; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure”) “registered practical nurse” means a member of the College of Nurses of Ontario who holds a certificate of registration as a registered practical nurse under the Nursing Act, 1991 or another person prescribed by the regulations; (“infirmière auxiliaire autorisée” or “infirmier auxiliaire autorisé”) “requirement under this Act” means a requirement contained in this Act, in the regulations, or in an order or agreement made under this Act, and includes a condition of a licence under Part VIII or an approval under Part IX, a condition to which funding is subject under section 93 and, subject to subsection 184 (7), an operational or policy directive issued by the Minister under section 184; (“exigence que prévoit la présente loi”) “resident” means a person admitted to and living in a long-term care home; (“résident”) “Residents’ Bill of Rights” means the list of rights of residents set out in section 3; (“déclaration des droits des résidents”) “rights adviser” means a person designated by or in accordance with the regulations as a rights adviser; (“conseiller en matière de droits”) “spouse” means, (a) a spouse as defined in section 1 of the Family Law Act, or (b) either of two persons who live together in a conjugal relationship outside marriage; (“conjoint”) “staff”, in relation to a long-term care home, means persons who work at the home, (a) as employees of the licensee, (b) pursuant to a contract or agreement with the licensee, or (c) pursuant to a contract or agreement between the licensee and an employment agency or other third party; (“personnel”) “substitute decision-maker” means a person who is authorized under the Health Care Consent Act, 1996 or the Substitute Decisions Act, 1992 to give or refuse consent or make a decision, on behalf of another person; (“mandataire spécial”) “volunteer” means a person who is part of the organized volunteer program of the long-term care home under section 20 and who does not receive a wage or salary for the services or work provided for that program. (“bénévole”) 2021, c. 39, Sched. 1, s. 2 (1); 2022, c. 16, s. 1; 2023, c. 4, Sched. 2, s. 2 (1-4). Meaning of “explain” (2) A rights adviser or other person whom this Act requires to explain a matter directly to a resident or an applicant for admission to a long-term care home satisfies that requirement by explaining the matter to the best of their ability and in a manner that addresses the special needs of the person receiving the explanation, whether that person understands it or not. 2021, c. 39, Sched. 1, s. 2 (2). Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 1, s. 203 (1, 2) - not in force 2022, c. 16, s. 1
- 31/08/2022 2023, c. 4, Sched. 2, s. 2 (1-4) - 24/07/2023 PART II   RESIDENTS: RIGHTS, CARE AND SERVICES Residents’ Bill of Rights