Care Homes Act, 2002 McLeod, Lyn — Bill 162 (37th Parliament, 3rd Session)

Bill 162, 37-3

Ontario — Bills

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Bill 162, Care Homes Act, 2002

McLeod, Lyn

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[37] Bill 162 Original (PDF)

Bill 162 2002

An Act to provide for

the accreditation of care homes,

to protect the rights of tenants

and to amend the

Tenant Protection Act, 1997

CONTENTS

Definitions

Application

PART I

TENANTS' RIGHTS

Tenant's rights

Safety

Dignity

Capacity presumed

Treatment

No restraints

Compelled work

Access to advocates

Communication

Dress

Information

Privacy

PART II

CARE HOME OPERATING

REQUIREMENTS

Operating requirements

Odours

Washrooms

Meals

Conjugal areas

Staff

Contracts

PART III

CARE HOME

REVIEW BOARD

Care Home Review Board

PART IV

ACCREDITATION

Accreditation bodies

Accreditation to be given

Information

Grounds for refusal

Revocation and refusal to renew

Notice of proposal to revoke or refuse to renew

Appeal to court

Referrals

PART V

ENFORCEMENT

Deemed contract

Complaint

Inspection

Warrant

No retaliation for disclosure

Reporting of harm to tenant

Offence

PART VI

GENERAL

Community care access

Duty of owners and operators

Protection of personal liability

Regulations

Tenant Protection Act, 1997

Commencement

Short title

______________

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Definitions

(1) In this Act,

"accrediting body" means a corporation or association authorized by the

Board under

Part IV of this Act to accredit care homes; ("organisme

d'agrément")

"Board" means the Care Home Review Board established under

Part III;

("Commission")

"care home" means a residential complex that is occupied or intended to be

occupied by persons for the purpose of receiving care services, whether or

not receiving the services is the primary purpose of the occupancy; ("maison

de soins")

"Director" means the Director employed under subsection 22 (6);

("directeur")

"inspector" means a person authorized by the Board under subsection 23

(2) to be an inspector for the purposes of this Act; ("inspecteur")

"Minister" means the member of the Executive Council to whom the

administration of this Act is assigned by the Lieutenant Governor in Council;

("ministre")

"prescribed" means prescribed by the regulations made under this Act;

("prescrit")

"registry" means the registry set out in subsection 25 (3);

("registre")

"regulations" means the regulations made under this Act;

("règlements")

"tenant" means a person who resides in a care home. ("locataire")

Deemed tenant

(2) The tenant of a care home to which this Act applies shall

be deemed to be a tenant for the purpose of the Tenant Protection Act,

Application

2. This Act does not apply to a care home, or

part of a care home, that is subject to one or more of the following

Acts:

1. The Charitable Institutions Act .

2. The Child and Family Services Act .

3. The Homes for Special Care Act .

4. The Homes for the Aged and Rest Homes Act .

5. The Mental Hospitals Act .

6. The Private Hospitals Act .

7. The Public Hospitals Act .

PART I

TENANTS' RIGHTS

Tenant’s rights

(1) The tenant of a care home to

which this Act applies has the rights set out in this Part and such other

rights as may be prescribed, in addition to his or her rights as a tenant

under the Tenant Protection Act, 1997 .

Duty to ensure rights

(2) A care home shall ensure that the rights set out in this

Part and such other rights as may be prescribed are respected and

promoted.

Exception

(3) Subsections (1) and (2) do not apply to the extent that the

authority of a tenant to exercise a particular right has been restricted in

accordance with law.

Rights to be posted

(4) A care home shall ensure that the rights set out in this

part are posted in a common area in the care home, in a manner which is

legible to the tenants.

Rights not limited

(5) The fact that a person is a tenant in a care home does not

limit the person's rights under any other law.

Safety

4. A tenant has the right to a safe, secure

and clean living environment and to be free from physical, verbal, emotional

and sexual abuse.

Dignity

5. A tenant has the right,

(

a) to be treated with respect for his or her basic human dignity;

(

b) to be addressed by name and in language that is not patronizing;

and

(

c) to be free from searches of his or her person, personal property or

space in a care home.

Capacity presumed

6. A tenant has the right to be presumed to be

mentally capable of making decisions in all areas of decision making, unless

it is determined in accordance with the law that he or she is incapable.

Treatment

(1) A tenant has the right to

accept or refuse treatment without pressure or coercion unless,

(

a) the tenant is determined to be incapable of consenting to or refusing

treatment in accordance with the law and an authorized substitute consents to

the treatment; or

(

b) the law authorizes the treatment to be administered to the tenant

without consent.

Self-administered treatment

(2) A tenant who has the right to accept or refuse treatment

has the right to self-administer the treatment and to take less of a

treatment than is recommended by a health professional.

Administration of treatment

(3) A tenant has the right to receive treatment from a person

competent to administer the treatment, in accordance with the instructions of

the physician or other health professional recommending the treatment.

No restraints

8. A tenant has the right to be free from

detention, seclusion, restraint or punishment in a care home, including,

without limiting the generality of the forgoing, the right to be free

from,

(

a) confinement in an enclosed space that he or she is not permitted to

leave;

(

b) tying or binding of any part of the tenant's body which he or she

cannot remove;

(

c) administration of any substance to the tenant for the purpose of

asserting control over him or her;

(

d) any act or omission intended to cause discomfort to the tenant as a

consequence of his or her act or omission.

Compelled work

9. A tenant has the right not to be required

to do work for or on behalf of a care home.

Access to advocates

(1) A tenant has the right to

meet at any time, inside or outside of a care home, with an advocate who is

independent of the care home or with a lawyer, and to have confidential

communications with that person.

Access to services

(2) A tenant has the right to have access to community support

services and to choose from whom to buy goods and services.

Communication

(1) A tenant has the right to

communicate by telephone, mail or other means without interception of, or

interference with, the communication.

No interference

(2) A tenant has the right to be free from interception of, or

interference with, information distributed by print, television, radio, the

Internet, or other method of distribution.

Dress

12. A tenant has the right to dress as he or

she wishes, as long as it does not offend against public decency.

Information

13. A tenant has the right,

(

a) to know the name, business address and business phone number of each

owner and operator of a care home in which the tenant resides;

(

b) to inspect and have a copy of all records maintained by the care home

containing his or her personal information;

(

c) to request that any record maintained by the care home containing his

or her personal information be corrected;

(

d) to require that the care home add to a record maintained by the care

home containing his or her personal information a statement of disagreement

provided by the tenant if the record is not corrected under clause (c);

and

(

e) to designate another person to receive, on his or her behalf,

information described in clauses (

a) and (b).

Privacy

(1) Subject to

section 94 of

the Tenant Protection Act, 1997, a tenant has the right to

privacy.

Confidentiality

(2) A tenant has a right to the confidentiality of his or her

personal information in the custody of, or under the control of, a care home

unless he or she agrees in writing that specified personal information may be

disclosed.

PART II

CARE HOME OPERATING

REQUIREMENTS

Operating requirements

(1) A care home shall ensure

that requirements set out in this Part and such other requirements as may be

prescribed are met.

Complaints

(2) A tenant may make a complaint under

section 32 that a care

home has not met one or more of the requirements set out in this Part.

Odours

16. A care home must be clean and free of

offensive odours.

Washrooms

17. Each tenant must have access to a washroom

and a room for bathing that can be locked from the inside.

Meals

18. If a care home contracts to provide both

room and board, it shall provide each tenant with meals,

(

a) that conform to the guidelines set out in the most recent revision of

the Canada Food Guide;

(

b) that accommodate the tenant's specific dietary needs and restrictions

required for health or religious reasons; and

(

c) that are served or made available to the tenant at appropriate times,

having regard to the effect of work, treatment or other commitments on his or

her schedule.

Conjugal areas

19. A care home shall provide a place in which

a tenant who does not occupy a private room may have a private conjugal visit

with another tenant or a visitor.

Staff

20. A care home shall have sufficient staff to

ensure that it can meet its obligations under this Act and its contractual

obligations to provide care to each tenant.

Contracts

(1) A care home shall ensure

that a contract to provide its services to a tenant is in writing and

includes the following:

1. A detailed list of the services that the care home agrees to provide to

the tenant.

2. A detailed list of the cost of residing in the care home and receiving

services.

3. A detailed list of the rights of a tenant under this Act.

Rights in prescribed form

(2) The list of rights referred to in paragraph 3 of subsection

(1) shall be in the prescribed form, if a form is prescribed.

Contract not enforceable

(3) An obligation in contract to pay a care home for the cost

of residing in the care home and receiving services is not enforceable if the

care home does not comply with subsection (1) or (2).

PART III

CARE HOME

REVIEW BOARD

Care Home Review Board

(1) A board to be known as the

de soins in French is hereby established.

Members

(2) The Board shall be composed of not fewer than three and not

more than seven members who shall be appointed by the Lieutenant Governor in

Council, one of whom shall be appointed as chair.

Representation

(3) A majority of members of the Board shall be appointed from

the following groups:

1. Current and former care home tenants.

2. Relatives and friends of current and former care home tenants.

3. Advocates for the rights of care home tenants.

Quorum

(4) A majority of the members of the Board constitute a quorum

and is sufficient for the exercise of all the jurisdiction and powers of the

Board.

Powers

(5) The Board is a body corporate without share capital and has

the powers of a natural person for the purpose of carrying out its functions

under this Act.

Employees

(6) The Board shall employ a Director, one or more inspectors

and such other officers and staff as are from time to time required for its

purposes.

PART IV

ACCREDITATION

Accreditation bodies

(1) The Board may authorize one

or more corporations or associations to be accreditation bodies under this

Part, with respect to care homes in an area or class determined by the

Board.

Inspectors

(2) The Board may authorize a p

Document details

Collection	Ontario — Bills
Citation	Bill 162, 37-3
Type	bill
Volume / chapter	p37 s3 bill 162 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	0eba84ac12bb828587ed169d8063c323cc2f8b08

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