jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The fundamental principle to be applied in the interpretation of this Act and anything required or permitted under this Act is that a long-term care home is primarily the home of its residents and is to be operated so that it is a place where they may live with dignity and in security, safety and comfort and have their physical, psychological, social, spiritual and cultural needs adequately met. 2007, c. 8, s. 1.
4 (1) Every licensee shall ensure that, (a) there is a mission statement for each of the licensee’s long-term care homes that sets out the principles, purpose and philosophy of care of the home; and (b) the principles, purpose and philosophy of care set out in the mission statement are put into practice in the day-to-day operation of the long-term care home. 2007, c. 8, s. 4 (1). Basic consistency (2) The licensee shall ensure that the mission statement is consistent with the fundamental principle and the Residents’ Bill of Rights. 2007, c. 8, s. 4 (2). Collaboration (3) The licensee shall ensure that the mission statement is developed, and revised as necessary, in collaboration with the Residents’ Council and the Family Council, if any, and shall invite the staff of the long-term care home and volunteers to participate. 2007, c. 8, s. 4 (3). Updating (4) At least once every five years after a mission statement is developed, the licensee shall consult with the Residents’ Council and the Family Council, if any, as to whether revisions are required, and shall invite the staff of the long-term care home and volunteers to participate. 2007, c. 8, s. 4 (4). Safe and Secure Home
5 Every licensee of a long-term care home shall ensure that the home is a safe and secure environment for its residents. 2007, c. 8, s. 5. Plan of Care
7 Nothing in this Act authorizes a licensee to assess a resident’s requirements without the resident’s consent or to provide care or services to a resident without the resident’s consent. 2007, c. 8, s. 7. Care and Services
8 (1) Every licensee of a long-term care home shall ensure that there is, (a) an organized program of nursing services for the home to meet the assessed needs of the residents; and (b) an organized program of personal support services for the home to meet the assessed needs of the residents. 2007, c. 8, s. 8 (1). Personal support services (2) In clause (1) (b), “personal support services” means services to assist with the activities of daily living, including personal hygiene services, and includes supervision in carrying out those activities. 2007, c. 8, s. 8 (2). 24-hour nursing care (3) Every licensee of a long-term care home shall ensure that at least one registered nurse who is both an employee of the licensee and a member of the regular nursing staff of the home is on duty and present in the home at all times, except as provided for in the regulations. 2007, c. 8, s. 8 (3). Same, Administrator and Director of Nursing and Personal Care (4) During the hours that an Administrator or Director of Nursing and Personal Care works in that capacity, he or she shall not be considered to be a registered nurse on duty and present in the long-term care home for the purposes of subsection (3), except as provided for in the regulations. 2007, c. 8, s. 8 (4).
9 (1) Every licensee of a long-term care home shall ensure that there is an organized interdisciplinary program with a restorative care philosophy that, (a) promotes and maximizes independence; and (b) where relevant to the resident’s assessed care needs, includes, but is not limited to, physiotherapy and other therapy services which may be either arranged or provided by the licensee. 2007, c. 8, s. 9 (1). Certain cases (2) Without restricting the generality of subsection (1), the program shall include services for residents with cognitive impairments and residents who are unable to leave their rooms. 2007, c. 8, s. 9 (2).
10 (1) Every licensee of a long-term care home shall ensure that there is an organized program of recreational and social activities for the home to meet the interests of the residents. 2007, c. 8, s. 10 (1). Certain cases (2) Without restricting the generality of subsection (1), the program shall include services for residents with cognitive impairments, and residents who are unable to leave their rooms. 2007, c. 8, s. 10 (2).
11 (1) Every licensee of a long-term care home shall ensure that there is, (a) an organized program of nutrition care and dietary services for the home to meet the daily nutrition needs of the residents; and (b) an organized program of hydration for the home to meet the hydration needs of residents. 2007, c. 8, s. 11 (1). Same (2) Without restricting the generality of subsection (1), every licensee shall ensure that residents are provided with food and fluids that are safe, adequate in quantity, nutritious and varied. 2007, c. 8, s. 11 (2).
12 Every licensee of a long-term care home shall ensure that there is an organized program of medical services for the home. 2007, c. 8, s. 12.
13 (1) Every licensee of a long-term care home shall ensure that residents are provided with information and assistance in obtaining goods, services and equipment that are relevant to the residents’ health care needs but are not provided by the licensee. 2007, c. 8, s. 13 (1). Clarification of extent of assistance (2) The information and assistance required under subsection (1) does not include financial assistance. 2007, c. 8, s. 13 (2).
14 Every licensee of a long-term care home shall ensure that there is an organized program for the home to ensure that residents are given reasonable opportunity to practise their religious and spiritual beliefs, and to observe the requirements of those beliefs. 2007, c. 8, s. 14.
15 (1) Every licensee of a long-term care home shall ensure that, (a) there is an organized program of housekeeping for the home; (b) there is an organized program of laundry services for the home to meet the linen and personal clothing needs of the residents; and (c) there is an organized program of maintenance services for the home. 2007, c. 8, s. 15 (1). Specific duties re cleanliness and repair (2) Every licensee of a long-term care home shall ensure that, (a) the home, furnishings and equipment are kept clean and sanitary; (b) each resident’s linen and personal clothing is collected, sorted, cleaned and delivered; and (c) the home, furnishings and equipment are maintained in a safe condition and in a good state of repair. 2007, c. 8, s. 15 (2).
16 (1) Every licensee of a long-term care home shall ensure that there is an organized volunteer program for the home that encourages and supports the participation of volunteers in the lives and activities of residents. 2007, c. 8, s. 16 (1). To be included in program (2) The volunteer program must include measures to encourage and support the participation of volunteers as may be further provided for in the regulations. 2007, c. 8, s. 16 (2).
17 Every licensee of a long-term care home shall ensure that the home meets the staffing and care standards provided for in the regulations. 2007, c. 8, s. 17.
18 (1) Every licensee shall ensure that the programs required under sections 8 to 16, the services provided under those programs and anything else required under those sections comply with any standards or requirements, including outcome measures, provided for in the regulations. 2007, c. 8, s. 18 (1). Matters included (2) Without restricting the generality of subsection (1), every licensee shall comply with the regulations made under clause 183 (2) (k). 2007, c. 8, s. 18 (2). Prevention of Abuse and Neglect
19 (1) Every licensee of a long-term care home shall protect residents from abuse by anyone and shall ensure that residents are not neglected by the licensee or staff. 2007, c. 8, s. 19 (1). If absent from the home (2) The duties in subsection (1) do not apply where the resident is absent from the home, unless the resident continues to receive care or services from the licensee, staff or volunteers of the home. 2007, c. 8, s. 19 (2). Offence (3) Every licensee who contravenes subsection (1) is guilty of an offence. 2017, c. 25, Sched. 5, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 3 - 01/07/2018
20 (1) Without in any way restricting the generality of the duty provided for in section 19, every licensee shall ensure that there is in place a written policy to promote zero tolerance of abuse and neglect of residents, and shall ensure that the policy is complied with. 2007, c. 8, s. 20 (1). Contents (2) At a minimum, the policy to promote zero tolerance of abuse and neglect of residents, (a) shall provide that abuse and neglect are not to be tolerated; (b) shall clearly set out what constitutes abuse and neglect; (c) shall provide for a program, that complies with the regulations, for preventing abuse and neglect; (d) shall contain an explanation of the duty under section 24 to make mandatory reports; (e) shall contain procedures for investigating and responding to alleged, suspected or witnessed abuse and neglect of residents; (f) shall set out the consequences for those who abuse or neglect residents; (g) shall comply with any requirements respecting the matters provided for in clauses (a) through (f) that are provided for in the regulations; and (h) shall deal with any additional matters as may be provided for in the regulations. 2007, c. 8, s. 20 (2). Communication of policy (3) Every licensee shall ensure that the policy to promote zero tolerance of abuse and neglect of residents is communicated to all staff, residents and residents’ substitute decision-makers. 2007, c. 8, s. 20 (3). Reporting and Complaints
21 Every licensee of a long-term care home shall ensure that there are written procedures that comply with the regulations for initiating complaints to the licensee and for how the licensee deals with complaints. 2007, c. 8, s. 21.
22 (1) Every licensee of a long-term care home who receives a written complaint concerning the care of a resident or the operation of the long-term care home shall immediately forward it to the Director. 2007, c. 8, s. 22 (1). Other documentation (2) A licensee who is required to forward a complaint under subsection (1) shall also provide the Director with any documentation provided for in the regulations, in a manner that complies with the regulations. 2007, c. 8, s. 22 (2).
23 (1) Every licensee of a long-term care home shall ensure that, (a) every alleged, suspected or witnessed incident of the following that the licensee knows of, or that is reported to the licensee, is immediately investigated: (i) abuse of a resident by anyone, (ii) neglect of a resident by the licensee or staff, or (iii) anything else provided for in the regulations; (b) appropriate action is taken in response to every such incident; and (c) any requirements that are provided for in the regulations for investigating and responding as required under clauses (a) and (b) are complied with. 2007, c. 8, s. 23 (1). Reports of investigation (2) A licensee shall report to the Director the results of every investigation undertaken under clause (1) (a), and every action taken under clause (1) (b). 2007, c. 8, s. 23 (2). Manner of reporting (3) A licensee who reports under subsection (2) shall do so as is provided for in the regulations, and include all material that is provided for in the regulations. 2007, c. 8, s. 23 (3).
27 (1) Where a staff member complains that an employer or person acting on behalf of an employer has contravened subsection 26 (1), the staff member may either have the matter dealt with by final and binding settlement by arbitration under a collective agreement, if any, or file a complaint with the Board in which case any rules governing the practice and procedure of the Board apply with all necessary modifications to the complaint. 2007, c. 8, s. 27 (1). Inquiry by Board (2) The Board may inquire into any complaint filed under subsection (1) and section 96 of the Labour Relations Act, 1995, except subsection (5), applies with all necessary modifications as if that section, except subsection (5), is enacted in and forms part of this Act. 2007, c. 8, s. 27 (2). Same (3) On an inquiry by the Board into a complaint filed under subsection (1), sections 110, 111, 114 and 116 of the Labour Relations Act, 1995 apply with all necessary modifications. 2007, c. 8, s. 27 (3). Onus of proof (4) On an inquiry by the Board into a complaint filed under subsection (1), the burden of proof that an employer or person acting on behalf of an employer did not act contrary to subsection 26 (1) lies upon the employer or the person acting on behalf of the employer. 2007, c. 8, s. 27 (4). Board may substitute penalty (5) Where, on an inquiry by the Board into a complaint filed under subsection (1), the Board determines that a staff member has been discharged or otherwise disciplined by an employer for cause and the contract of employment or the collective agreement, as the case may be, does not contain a specific penalty for the infraction, the Board may substitute such other penalty for the discharge or discipline as to the Board seems just and reasonable in all the circumstances. 2007, c. 8, s. 27 (5). Interpretation (6) In this section, “Board” means the Ontario Labour Relations Board; (“Commission”) “employer”, in relation to a staff member, means, (a) where the staff member is an employee of a licensee or a person who works at a long-term care home pursuant to a contract or agreement with a licensee, the licensee, or (b) where the staff member works at a long-term care home pursuant to a contract or agreement between the licensee and an employment agency or other third party, the employment agency or third party. (“employeur”)  2007, c. 8, s. 27 (6).
28 Every person is guilty of an offence who attempts, by any means, to prevent another person from providing information to an inspector or the Director where the provision of the information is required or permitted by this Act or the regulations. 2007, c. 8, s. 28. Minimizing of Restraining Note: On a day to be named by proclamation of the Lieutenant Governor, the heading before section 29 of the Act is amended by striking out “Restraining” and substituting “Restraining and Confining”. (See: 2017, c. 25, Sched. 5, s. 5 (1))
29 (1) Every licensee of a long-term care home, (a) shall ensure that there is a written policy to minimize the restraining of residents and to ensure that any restraining that is necessary is done in accordance with this Act and the regulations; and (b) shall ensure that the policy is complied with. 2007, c. 8, s. 29 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 29 (1) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 5 (2)) Policy to minimize restraining and confining of residents, etc. (1) Every licensee of a long-term care home, (a) shall ensure that there is a written policy to minimize the restraining and confining of residents and to ensure that any restraining or confining that is necessary is done in accordance with this Act and the regulations; and (b) shall ensure that the policy is complied with. 2017, c. 25, Sched. 5, s. 5 (2). Policy to comply with regulations (2) The policy must comply with such requirements as may be provided for in the regulations. 2007, c. 8, s. 29 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 5 ( 2) - not in force
31 (1) A resident may be restrained by a physical device as described in paragraph 3 of subsection 30 (1) if the restraining of the resident is included in the resident’s plan of care. 2007, c. 8, s. 31 (1). Provision in plan of care (2) The restraining of a resident by a physical device may be included in a resident’s plan of care only if all of the following are satisfied: 1. There is a significant risk that the resident or another person would suffer serious bodily harm if the resident were not restrained. 2. Alternatives to restraining the resident have been considered, and tried where appropriate, but would not be, or have not been, effective to address the risk referred to in paragraph 1. 3. The method of restraining is reasonable, in light of the resident’s physical and mental condition and personal history, and is the least restrictive of such reasonable methods that would be effective to address the risk referred to in paragraph 1. 4. A physician, registered nurse in the extended class or other person provided for in the regulations has ordered or approved the restraining. 5. The restraining of the resident has been consented to by the resident or, if the resident is incapable, a substitute decision-maker of the resident with authority to give that consent. 6. The plan of care provides for everything required under subsection (3). 2007, c. 8, s. 31 (2). Requirement if resident is restrained (3) If a resident is being restrained by a physical device under subsection (1), the licensee shall ensure that, (a) the device is used in accordance with any requirements provided for in the regulations; (b) the resident is monitored while restrained, in accordance with the requirements provided for in the regulations; (c) the resident is released and repositioned, from time to time, while restrained, in accordance with the requirements provided for in the regulations; (d) the resident’s condition is reassessed and the effectiveness of the restraining evaluated, in accordance with the requirements provided for in the regulations; (e) the resident is restrained only for as long as is necessary to address the risk referred to in paragraph 1 of subsection (2); (f) the method of restraining used is discontinued if, as a result of the reassessment of the resident’s condition, one of the following is identified that would address the risk referred to in paragraph 1 of subsection (2): (i) an alternative to restraining, or (ii) a less restrictive method of restraining that would be reasonable, in light of the resident’s physical and mental condition and personal history; and (g) any other requirements provided for in the regulations are satisfied. 2007, c. 8, s. 31 (3). 32 Repealed: see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006. Section Amendments with date in force (d/m/y) 2007, c. 8, s. 32
- see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017 2017, c. 25, Sched. 5, s. 7 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017
33 (1) This section applies to the use of a PASD if the PASD has the effect of limiting or inhibiting a resident’s freedom of movement and the resident is not able, either physically or cognitively, to release themself from the PASD. 2007, c. 8, s. 33 (1). Definition of PASD (2) In this section, “PASD” means personal assistance services device, being a device used to assist a person with a routine activity of living. 2007, c. 8, s. 33 (2). When PASD may be used (3) Every licensee of a long-term care home shall ensure that a PASD described in subsection (1) is used to assist a resident with a routine activity of living only if the use of the PASD is included in the resident’s plan of care. 2007, c. 8, s. 33 (3). Inclusion in plan of care (4) The use of a PASD under subsection (3) to assist a resident with a routine activity of living may be included in a resident’s plan of care only if all of the following are satisfied: 1. Alternatives to the use of a PASD have been considered, and tried where appropriate, but would not be, or have not been, effective to assist the resident with the routine activity of living. 2. The use of the PASD is reasonable, in light of the resident’s physical and mental condition and personal history, and is the least restrictive of such reasonable PASDs that would be effective to assist the resident with the routine activity of living. 3. The use of the PASD has been approved by, i. a physician, ii. a registered nurse, iii. a registered practical nurse, iv. a member of the College of Occupational Therapists of Ontario, v. a member of the College of Physiotherapists of Ontario, or vi. any other person provided for in the regulations. 4. The use of the PASD has been consented to by the resident or, if the resident is incapable, a substitute decision-maker of the resident with authority to give that consent. 5. The plan of care provides for everything required under subsection (5). 2007, c. 8, s. 33 (4). Use of PASD (5) If a PASD is used under subsection (3), the licensee shall ensure that the PASD is used in accordance with any requirements provided for in the regulations. 2007, c. 8, s. 33 (5). PASD used to restrain (6) For greater certainty, if a PASD is being used to restrain a resident rather than to assist the resident with a routine activity of living, section 31 applies with respect to that use instead of this section. 2007, c. 8, s. 33 (6).
34 Every licensee of a long-term care home shall keep records in the home, as provided for in the regulations, in relation to the following: 1. The restraining of a resident, other than a restraint permitted under section 32. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 of section 34 of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 8) 1. The restraining of a resident. 2. The use of a PASD, within the meaning of section 33. 2007, c. 8, s. 34. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 8 - not in force
35 Every licensee of a long-term care home shall ensure that no device provided for in the regulations is used on a resident, (a) to restrain the resident; or (b) to assist a resident with a routine activity of living, if the device would have the effect of limiting or inhibiting the resident’s freedom of movement. 2007, c. 8, s. 35. Note: On a day to be named by proclamation of the Lieutenant Governor, section 35 of the Act is amended by adding the following subsection: (See: 2017, c. 25, Sched. 5, s. 9) Same, confinement (2) Every licensee of a long-term care home shall ensure that no device provided for in the regulations is used to confine a resident. 2017, c. 25, Sched. 5, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 9 - not in force
36 (1) Nothing in this Act affects the common law duty of a caregiver to restrain or confine a person when immediate action is necessary to prevent serious bodily harm to the person or to others. 2007, c. 8, s. 36 (1). Restraining by physical device under common law duty (2) If a resident is being restrained by a physical device pursuant to the common law duty described in subsection (1), the licensee shall ensure that the device is used in accordance with any requirements provided for in the regulations and that any other requirements provided for in the regulations are satisfied. 2007, c. 8, s. 36 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 36 (2) of the Act is amended by striking out “described in” and substituting “referred to in”. (See: 2017, c. 25, Sched. 5, s. 10 (1)) Restraining by administration of drug, etc., under common law duty (3) A resident may not be restrained by the administration of a drug pursuant to the common law duty described in subsection (1) unless the administration of the drug is ordered by a physician or other person provided for in the regulations. 2007, c. 8, s. 36 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 36 (3) of the Act is amended by striking out “described in” and substituting “referred to in”. (See: 2017, c. 25, Sched. 5, s. 10 (1)) Same (4) If a resident is being restrained by the administration of a drug pursuant to the common law duty described in subsection (1), the licensee shall ensure that the drug is used in accordance with any requirements provided for in the regulations and that any other requirements provided for in the regulations are satisfied. 2007, c. 8, s. 36 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 36 (4) of the Act is amended by striking out “described in” and substituting “referred to in”. (See: 2017, c. 25, Sched. 5, s. 10 (1)) Note: On a day to be named by proclamation of the Lieutenant Governor, section 36 of the Act is amended by adding the following subsection: (See: 2017, c. 25, Sched. 5, s. 10 (2)) Confinement (5) If a resident is being confined pursuant to the common law duty referred to in subsection (1), the licensee shall ensure that the confining is in accordance with any requirements provided for in the regulations and that any other requirements provided for in the regulations are satisfied. 2017, c. 25, Sched. 5, s. 10 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 10 (1, 2) - not in force Office of the Long-Term Care Homes Resident and Family Adviser
37 The Minister may establish an Office of the Long-Term Care Homes Resident and Family Adviser to, (a) assist and provide information to residents and their families and others; (b) advise the Minister on matters and issues concerning the interests of residents; and (c) perform any other functions provided for in the regulations or assigned by the Minister. 2007, c. 8, s. 37. Regulations
38 (1) The Lieutenant Governor in Council may make regulations for carrying out the purposes and provisions of this Part. 2007, c. 8, s. 38 (1). Specific inclusions (2) Without restricting the generality of subsection (1), the Lieutenant Governor in Council may make regulations, (a) governing anything that a licensee is required to do, ensure or provide under this Part, including establishing standards or outcomes that must be met; (b) governing temperature requirements for long-term care homes; (c) requiring and governing the assessment and classification of residents for the purpose of determining care requirements and other needs of residents; (d) governing the mission statements provided for in section 4 and the requirements under that section; (e) governing plans of care, including governing their development and implementation and setting requirements in addition to what is required under section 6; (f) defining “regular nursing staff” for the purposes of subsection 8 (3); (g) requiring certain classes of long-term care homes to have more registered nurses on duty than are required by subsection 8 (3) and providing for rules governing such a requirement; (h) specifying, for the purposes of paragraph 4 of subsection 24 (1) and paragraph 5 of subsection 25 (1), what constitutes misuse or misappropriation of a resident’s money; (i) specifying, for the purposes of paragraph 5 of subsection 24 (1) and paragraph 6 of subsection 25 (1), what constitutes misuse or misappropriation of funding provided to a licensee; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 38 (2) of the Act is amended by adding the following clause: (See: 2017, c. 25, Sched. 5, s. 11) (i.1) governing the confining of residents, including the setting of requirements in addition to those set out in this Part; (j) providing for anything that under this Part may or must be provided for in regulations, or that is to be done in compliance with or in accordance with the regulations. 2007, c. 8, s. 38 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 11 - not in force part iii   admission of residents
39 (1) This Part applies to the admission of a person to a long-term care home as a resident and any transfer within a home to a specialized unit. 2007, c. 8, s. 39 (1). Transfer (2) Where a person is to be transferred to a specialized unit within the long-term care home, this Part applies as though the transfer were an admission of the person to the home, even if the specialized unit is also a secure unit. 2007, c. 8, s. 39 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 39 (2) of the Act is amended by striking out “even if the specialized unit is also a secure unit” at the end. (See: 2017, c. 25, Sched. 5, s. 12 (1)) Definition (3) In this section, “specialized unit” means any unit designated by or in accordance with the regulations to provide or offer certain types of accommodation, care, services, programs and goods to residents, but does not include a secure unit unless the secure unit is designated as a specialized unit by regulation. 2007, c. 8, s. 39 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 39 (3) of the Act is amended by striking out “but does not include a secure unit unless the secure unit is designated as a specialized unit by regulation” at the end. (See: 2017, c. 25, Sched. 5, s. 12 (2)) Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 12 (1, 2) - not in force
40 (1) The Minister shall designate one or more persons, classes of persons or other entities as placement co-ordinators for the long-term care homes in specified geographic areas. 2007, c. 8, s. 40 (1). Ineligible persons and entities (2) The Minister shall not designate a person or entity if the person or entity is in a class of persons or entities described in the regulations as ineligible for designation as a placement co-ordinator. 2007, c. 8, s. 40 (2). Changes in designations (3) The Minister may revoke a designation or make a new designation. 2007, c. 8, s. 40 (3).
41 A placement co-ordinator shall act in accordance with this Act and the regulations. 2007, c. 8, s. 41.
42 The following are required in order for a person to be admitted as a resident of a long-term care home: 1. A placement co-ordinator must have determined that the person is eligible for long-term care home admission under section 43. 2. The placement co-ordinator for the geographic area where the home is located must have authorized the admission of the person to that specific home under section 44. 2007, c. 8, s. 42.
46 (1) The following are the elements required for consent to admission to a long-term care home: 1. The consent must relate to the admission. 2. The consent must be informed. 3. The consent must be given voluntarily. 4. The consent must not be obtained through misrepresentation or fraud. 2007, c. 8, s. 46 (1). Informed consent (2) A consent to admission is informed if, before giving it, (a) the person received the information about the matters set out in subsection (3) that a reasonable person in the same circumstances would require in order to make a decision about the admission; and (b) the person received responses to his or her requests for additional information about those matters. 2007, c. 8, s. 46 (2). Same (3) The matters referred to in subsection (2) are: 1. What the admission entails. 2. The expected advantages and disadvantages of the admission. 3. Alternatives to the admission. 4. The likely consequences of not being admitted. 2007, c. 8, s. 46 (3).
47 A substitute decision-maker may apply on behalf of a person under section 43 or 44. 2007, c. 8, s. 47.
48 Responsibility for an application under section 43 or 44 may be transferred, with the consent of the applicant, from one placement co-ordinator to another and, upon such a transfer being made, the new placement co-ordinator shall be deemed, for the purposes of this Part, to be the placement co-ordinator to whom the application was made. 2007, c. 8, s. 48.
49 A licensee of a long-term care home shall not admit a person unless the person’s admission to the home is authorized by the placement co-ordinator for the geographic area where the home is located, and shall admit a person whose admission is so authorized. 2007, c. 8, s. 49.
50 (1) If the Director believes there is a risk of harm to the health or well-being of residents of a long-term care home or persons who might be admitted as residents, the Director may direct the placement co-ordinator for the geographic area where the home is located to cease authorizing admissions to the home for such period of time and subject to such conditions as the Director specifies. 2007, c. 8, s. 50 (1). Compliance with direction (2) A placement co-ordinator who receives a direction under subsection (1) shall comply with it. 2007, c. 8, s. 50 (2).
51 The Minister shall ensure that preference is given to veterans for access to beds that, (a) are located in long-term care homes for which funding is provided under an agreement between the Government of Ontario and the Government of Canada relating to veterans; and (b) are designated by the Minister as veterans’ priority access beds. 2007, c. 8, s. 51.
52 (1) No action or other proceeding shall be commenced against an employee or agent of a placement co-ordinator for any act done in good faith in the performance or intended performance of the person’s duty or for any alleged neglect or default in the performance in good faith of the person’s duty. 2007, c. 8, s. 52 (1). Placement co-ordinator’s liability (2) Subsection (1) does not relieve a placement co-ordinator of liability for the acts or omissions of its employees or agents. 2007, c. 8, s. 52 (2).
54 (1) A party to a review of the determination of ineligibility by the Appeal Board may appeal its decision to the Divisional Court on a question of law or fact or both, in accordance with the rules of court. 2007, c. 8, s. 54 (1). Record (2) If a party appeals a decision of the Appeal Board to the Divisional Court under this section, the Appeal Board shall promptly file with the Divisional Court the record of the proceeding before the Appeal Board and the transcript of the evidence taken before the Appeal Board, which together constitute the record in the appeal. 2007, c. 8, s. 54 (2). Minister to be notified (3) The placement co-ordinator who commences or is given notice of an appeal shall promptly give the Minister written notice of the appeal. 2007, c. 8, s. 54 (3). Minister to be heard (4) The Minister is entitled to be heard by counsel or otherwise on the argument of an appeal under this section. 2007, c. 8, s. 54 (4). Powers of court on appeal (5) On an appeal under this section, the Divisional Court, (a) may affirm or rescind the decision of the Appeal Board; (b) may refer the matter back to the Appeal Board for rehearing in whole or in part in accordance with such directions as the court considers proper; (c) may refer the matter back to the placement co-ordinator for redetermination in accordance with such directions as the court considers proper; (d) may substitute its opinion for that of the placement co-ordinator or the Appeal Board; and (e) may direct the placement co-ordinator to determine that the applicant is eligible for admission to a long-term care home. 2007, c. 8, s. 54 (5). Decision to Minister (6) The placement co-ordinator shall furnish the Minister with a copy of the decision and reasons of the Divisional Court. 2007, c. 8, s. 54 (6).
55 (1) The Lieutenant Governor in Council may make regulations for carrying out the purposes and provisions of this Part. 2007, c. 8, s. 55 (1). Specific inclusions (2) Without restricting the generality of subsection (1), the Lieutenant Governor in Council may make regulations, (a) governing determinations of eligibility for long-term care home admission; (b) governing authorizations of admission to long-term care homes, including, without limiting the generality of the foregoing, (i) providing for priorities for persons in circumstances specified in the regulations or for classes of persons specified in the regulations, (ii) governing the notices to be given by licensees under subsections 44 (8) and (9); (c) governing placement co-ordinators, including, without limiting the generality of the foregoing, (i) providing for classes of persons or entities that are ineligible to be designated as placement co-ordinators, (ii) providing for how placement co-ordinators shall co-ordinate with each other, (iii) governing the transfer of responsibility for applications between placement co-ordinators under section 48; (d) requiring placement co-ordinators to ensure that persons seeking admission to long-term care homes receive information about their rights and assistance in exercising their rights; (e) providing for exemptions from provisions of this Part, subject to any conditions that may be set out in the regulations; (f) modifying the application of this Part for emergencies or other special circumstances specified in the regulations; (g) providing for applications under section 44 for admission to a long-term care home to be made before the home is licensed or approved; (h) defining “veteran” for the purposes of section 51; (i) providing for anything that under this Part may or must be provided for in regulations, or that is to be done in compliance with or in accordance with the regulations. 2007, c. 8, s. 55 (2). Different requirements for programs, groups (3) The regulations may provide for different requirements for programs or groups specified in the regulations. 2007, c. 8, s. 55 (3). Part iv   councils Residents’ Council
56 (1) Every licensee of a long-term care home shall ensure that a Residents’ Council is established in the home. 2007, c. 8, s. 56 (1). Only residents (2) Only residents of the long-term care home may be members of the Residents’ Council. 2007, c. 8, s. 56 (2).
57 (1) A Residents’ Council of a long-term care home has the power to do any or all of the following: 1. Advise residents respecting their rights and obligations under this Act. 2. Advise residents respecting the rights and obligations of the licensee under this Act and under any agreement relating to the home. 3. Attempt to resolve disputes between the licensee and residents. 4. Sponsor and plan activities for residents. 5. Collaborate with community groups and volunteers concerning activities for residents. 6. Advise the licensee of any concerns or recommendations the Council has about the operation of the home. 7. Provide advice and recommendations to the licensee regarding what the residents would like to see done to improve care or the quality of life in the home. 8. Report to the Director any concerns and recommendations that in the Council’s opinion ought to be brought to the Director’s attention. 9. Review, i. inspection reports and summaries received under section 149, i.1 a written plan for achieving compliance, prepared by the licensee, that the Director has ordered in accordance with clause 153 (1) (b) following a referral under paragraph 4 of subsection 152 (1), ii. the detailed allocation, by the licensee, of funding under this Act, the Local Health System Integration Act, 2006 and the Connecting Care Act, 2019 and amounts paid by residents, Note: On a day to be named by proclamation of the Lieutenant Governor, subparagraph 9 ii of subsection 57 (1) of the Act is amended by striking out “the Local Health System Integration Act, 2006”. (See: 2019, c. 5, Sched. 3, s. 12 (8)) iii. the financial statements relating to the home filed with the Director under the regulations or provided to a local health integration network or to the Agency, and Note: On a day to be named by proclamation of the Lieutenant Governor, subparagraph 9 iii of subsection 57 (1) of the Act, is amended by striking out “a local health integration network or to”. (See: 2019, c. 5, Sched. 3, s. 12 (10)) iv. the operation of the home. 10. Exercise any other powers provided for in the regulations. 2007, c. 8, ss. 57 (1), 195 (4, 5); 2017, c. 25, Sched. 5, s. 15; 2019, c. 5, Sched. 3, s. 12 (7, 9). Duty to respond (2) If the Residents’ Council has advised the licensee of concerns or recommendations under either paragraph 6 or 8 of subsection (1), the licensee shall, within 10 days of receiving the advice, respond to the Residents’ Council in writing. 2007, c. 8, s. 57 (2). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 195 (4, 5)
- 01/07/2010 2017, c. 25, Sched. 5, s. 15 - 01/04/2018 2019, c. 5, Sched. 3, s. 12 (7, 9) - 06/06/2019; 2019, c. 5, Sched. 3, s. 12 (8, 10) - not in force
58 (1) Every licensee of a long-term care home shall appoint a Residents’ Council assistant who is acceptable to that Council to assist the Residents’ Council. 2007, c. 8, s. 58 (1). Duties (2) In carrying out his or her duties, a Residents’ Council assistant shall take instructions from the Residents’ Council, ensure confidentiality where requested and report to the Residents’ Council. 2007, c. 8, s. 58 (2). Family Council
59 (1) Every long-term care home may have a Family Council. 2007, c. 8, s. 59 (1). Request for Family Council (2) If there is no Family Council, a family member of a resident or a person of importance to a resident may request the establishment of a Family Council for a long-term care home. 2007, c. 8, s. 59 (2). Licensee to assist (3) The licensee shall assist in the establishment of a Family Council within 30 days of receiving a request from a person mentioned in subsection (2). 2007, c. 8, s. 59 (3). Notification of Director (4) When a Family Council is established, the licensee shall notify the Director or anyone else provided for in the regulations of the fact within 30 days of the establishment. 2007, c. 8, s. 59 (4). Right to be a member (5) Subject to subsection (6), a family member of a resident or a person of importance to a resident is entitled to be a member of the Family Council of a long-term care home. 2007, c. 8, s. 59 (5). Who may not be a member (6) The following persons may not be members of the Family Council: 1. The licensee, and anyone involved in the management of the long-term care home on behalf of the licensee. 2. An officer or director of the licensee or of a corporation that manages the long-term care home on behalf of the licensee or, in the case of a home approved under Part VIII, a member of the committee of management for the home under section 132 or of the board of management for the home under section 125 or 129, as the case may be. 3. A person with a controlling interest in the licensee. 4. The Administrator. 5. Any other staff member. 6. A person who is employed by the Ministry or has a contractual relationship with the Minister or with the Crown regarding matters for which the Minister is responsible and who is involved as part of their responsibilities with long-term care home matters. 7. Any other person provided for in the regulations. 2007, c. 8, s. 59 (6). Licensee obligations if no Family Council (7) If there is no Family Council, the licensee shall, (a) on an ongoing basis advise residents’ families and persons of importance to residents of the right to establish a Family Council; and (b) convene semi-annual meetings to advise such persons of the right to establish a Family Council. 2007, c. 8, s. 59 (7). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 195 (6)
- no effect - see Bill 140 as amended in Committee and Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017
60 (1) A Family Council of a long-term care home has the power to do any or all of the following: 1. Provide assistance, information and advice to residents, family members of residents and persons of importance to residents, including when new residents are admitted to the home. 2. Advise residents, family members of residents and persons of importance to residents respecting their rights and obligations under this Act. 3. Advise residents, family members of residents and persons of importance to residents respecting the rights and obligations of the licensee under this Act and under any agreement relating to the home. 4. Attempt to resolve disputes between the licensee and residents. 5. Sponsor and plan activities for residents. 6. Collaborate with community groups and volunteers concerning activities for residents. 7. Review, i. inspection reports and summaries received under section 149, i.1 a written plan for achieving compliance, prepared by the licensee, that the Director has ordered in accordance with clause 153 (1) (b) following a referral under paragraph 4 of subsection 152 (1), ii. the detailed allocation, by the licensee, of funding under this Act, the Local Health System Integration Act, 2006 and the Connecting Care Act, 2019 and amounts paid by residents, Note: On a day to be named by proclamation of the Lieutenant Governor, subparagraph 7 ii of subsection 60 (1) of the Act is amended by striking out “the Local Health System Integration Act, 2006”. (See: 2019, c. 5, Sched. 3, s. 12 (12)) iii. the financial statements relating to the home filed with the Director under the regulations, with the local health integration network for the geographic area where the home is located under the
Local Health System Integration Act, 2006 and with the Agency, and Note: On a day to be named by proclamation of the Lieutenant Governor, subparagraph 7 iii of subsection 60 (1) of the Act is amended by striking out “with the local health integration network for the geographic area where the home is located under the Local Health System Integration Act, 2006”. (See: 2019, c. 5, Sched. 3, s. 12 (14)) iv. the operation of the home. 8. Advise the licensee of any concerns or recommendations the Council has about the operation of the home. 9. Report to the Director any concerns and recommendations that in the Council’s opinion ought to be brought to the Director’s attention. 10. Exercise any other powers provided for in the regulations. 2007, c. 8, ss. 60 (1), 195 (7, 8); 2017, c. 25, Sched. 5, s. 16; 2019, c. 5, Sched. 3, s. 12 (11, 13). Duty to respond (2) If the Family Council has advised the licensee of concerns or recommendations under either paragraph 8 or 9 of subsection (1), the licensee shall, within 10 days of receiving the advice, respond to the Family Council in writing. 2007, c. 8, s. 60 (2). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 195 (7, 8) - 01/07/2010 2017, c. 25, Sched. 5, s. 16 - 01/04/2018 2019, c. 5, Sched. 3, s. 12 (11, 13) - 06/06/2019; 2019, c. 5, Sched. 3, s. 12 (12, 14) - not in force
61 (1) If the Family Council so requests, the licensee shall appoint a Family Council assistant who is acceptable to that Council to assist the Family Council. 2007, c. 8, s. 61 (1). Duties (2) In carrying out his or her duties, a Family Council assistant shall take instructions from the Family Council, ensure confidentiality where requested and report to the Family Council. 2007, c. 8, s. 61 (2). General
62 A licensee shall co-operate with the Residents’ Council, the Family Council, the Residents’ Council assistant and the Family Council assistant and shall provide them with such financial and other information and such assistance as is provided for in the regulations. 2007, c. 8, s. 62.
63 If invited by the Residents’ Council or the Family Council, the licensee shall meet with that Council or, if the licensee is a corporation, ensure that representatives of the licensee meet with that Council. 2007, c. 8, s. 63.
64 A licensee of a long-term care home shall attend a meeting of the Residents’ Council or the Family Council only if invited, and shall ensure that the staff, including the Administrator, and other persons involved in the management or operation of the home attend a meeting of either Council only if invited. 2007, c. 8, s. 64.
65 A licensee of a long-term care home, (a) shall not interfere with the meetings or operation of the Residents’ Council or the Family Council; (b) shall not prevent a member of the Residents’ Council or Family Council from entering the long-term care home to attend a meeting of the Council or to perform any functions as a member of the Council and shall not otherwise hinder, obstruct or interfere with such a member carrying out those functions; (c) shall not prevent a Residents’ Council assistant or a Family Council assistant from entering the long-term care home to carry out his or her duties or otherwise hinder, obstruct or interfere with such an assistant carrying out those duties; and (d) shall ensure that no staff member, including the Administrator or other person involved in the management or operation of the home, does anything that the licensee is forbidden to do under clauses (a) to (c). 2007, c. 8, s. 65.
66 No action or other proceeding shall be commenced against a member of a Residents’ Council or Family Council or a Residents’ Council assistant or Family Council assistant for anything done or omitted to be done in good faith in the capacity as a member or an assistant. 2007, c. 8, s. 66.
67 A licensee has a duty to consult regularly with the Residents’ Council, and with the Family Council, if any, and in any case shall consult with them at least every three months. 2007, c. 8, s. 67.