p42 s2 bill 37 b037rep e.pdf

Ontario — Bills

2ND SESSION, 42ND LEGISLATURE, ONTARIO 70 ELIZABETH II, 2021 Bill 37

An Act to enact the Fixing Long-Term Care Act, 2021 and amend or repeal various Acts The Hon. R. Phillips Minister of Long-Term Care Government Bill 1st Reading October 28, 2021 2nd Reading November 18, 2021 3rd Reading Royal Assent (Reprinted as amended by the Standing Committee on the Legislative Assembly and as reported to the Legislative Assembly November 30, 2021) (The provisions in this Bill will be renumbered after 3rd Reading)

This reprint of the Bill is marked to indicate the changes that were made in Committee. The changes are indicated by underlines for new text and a strikethrough for deleted text. ______________ EXPLANATORY NOTE

SCHEDULE 1 FIXING LONG-TERM CARE ACT, 2021 The Long-Term Care Homes Act, 2007 is repealed and replaced.

Part I sets out the fundamental principle that is to be applied in the

interpretation of the legislation, and provides for how terms in the legislation are to be interpreted.

Part II deals with the rights of residents of long-term care homes and the care and services they are entitled to. This includes a bill of rights of residents and a requirement that every long-term care home have a mission statement. The plan of care that must be developed for every resident is provided for. Licensees must ensure that certain programs and services are provided. New rights that are provided for include the right of a resident right to have their lifestyle and choices respected, and right to be provided with care and services based on a palliative care philosophy.

Targets are set for the hours of direct care to be provided by personal support workers, nurses, and allied health care professionals.

Part III deals with quality. Every licensee of a long-term care home is required to implement a continuous quality improvement initiative, and the Minister is authorized to establish a Long-Term Care Quality Centre.

Part IV provides for how admissions to a long-term care home are dealt with.

Part V deals with the Residents’ Council and Family Council of a long-term care home. Every home must have a Residents’ Council and may have a Family Council. The powers of these councils, such as assisting residents and advising licensees, are provided for.

Part VI deals with the operation of the homes. Among the changes here is the emergency plan for a home is required to deal with epidemics and pandemics.

Part VII deals with funding, including funding provided by the Minister for long-term care homes, and charges that licensees may make to residents.

Part VIII deals with the licensing of long-term care homes.

Part IX provides for long-term care homes established and maintained by a municipality or municipalities, or board of management that maintains a municipal home, joint home or First Nations home.

Part X deals with compliance and enforcement. New provisions dealing with the suspension of licences and the powers of long-term care home supervisors are included.

Part XI deals with assorted administrative and miscellaneous areas.

Part XII deals with transitional issues.

Part XIII provides for amendments to the Act.

SCHEDULE 2 CONSEQUENTIAL AMENDMENTS The

Schedule makes consequential amendments to various Acts to reflect the repeal of the Long-Term Care Homes Act, 2007 and enactment of the Fixing Long-Term Care Act, 2021.

SCHEDULE 3 RETIREMENT HOMES ACT, 2010 The

Schedule makes several amendments to the Retirement Homes Act, 2010. Here are some highlights: 1. The Act is amended to require a licensee of a retirement home to make available to any person on request information about accommodation and prices in print or electronic form, or both. 2. Currently, in certain circumstances, an inspector who conducts an investigation of a retirement home under

section 77 of the Act is required to prepare a final inspection report. An amendment to subsection 77 (14) of the Act requires the inspector to ensure that the final inspection report does not contain personal information or personal health information and only provides specified information in respect of whether there has been a contravention of the Act. 3. The Act is amended to give the Registrar the power to serve orders on a licensee in prescribed extraordinary circumstances, if the Registrar believes on reasonable grounds that the extraordinary circumstances have resulted or may result in harm or a risk of harm to one or more residents.

ii 4. Currently,

section 106 of the Act requires the Registrar to make available for public inspection the information contained in registers established and maintained by the Registrar. The Act is amended to allow the Registrar to withhold publishing information in the circumstances set out in the section. 5. The

Schedule adds a new

section 108.1 to the Act allowing the Authority to require a licensee to deliver a written communication, on behalf of the Authority, to a resident or their substitute decision-maker. 6. The Act is amended to allow the Authority to collect a resident or their substitute decision-maker’s contact information from either of them or from a licensee, for the purposes of administering the Act and regulations. 7. Other technical and consequential amendments are made.

Bill 37 2021

An Act to enact the Fixing Long-Term Care Act, 2021 and amend or repeal various Acts CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Fixing Long-term Care Act, 2021

Schedule 2 Consequential Amendments

Schedule 3 Retirement Homes Act, 2010 Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2

(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a

Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title 3 The

short title of this Act is the Providing More Care, Protecting Seniors, and Building More Beds Act, 2021.

SCHEDULE 1 FIXING LONG-TERM CARE ACT, 2021 CONTENTS

Preamble

PART I FUNDAMENTAL PRINCIPLE AND

INTERPRETATION 1. Home: the fundamental principle 2.

Interpretation

PART II RESIDENTS: RIGHTS, CARE AND SERVICES RESIDENTS’ BILL OF RIGHTS 3. Residents’ Bill of Rights MISSION STATEMENT 4. Mission statement SAFE AND SECURE HOME 5. Home to be safe, secure environment PLAN OF CARE 6. Plan of care 7. Consent CARE AND SERVICES 8. Direct hours of care target — personal support workers, nurses 9. Direct hours of care target — allied health care professionals 10. Measuring progress 11. Nursing and personal support services 12. Palliative care 13. Restorative care 14. Recreational and social activities 15. Dietary services and hydration 16. Medical services 17.

Information and referral assistance 18. Religious and spiritual practices 19. Accommodation services 20. Volunteer program 21. Staffing and care standards 22. Standards for programs and services 23. Infection prevention and control program PREVENTION OF ABUSE AND NEGLECT 24. Duty to protect 25. Policy to promote zero tolerance REPORTING AND COMPLAINTS 26. Complaints procedure — licensee 27. Licensee must investigate, respond and act 28. Reporting certain matters to Director 29. Inspections or inquiries where information received by Director 30. Whistle-blowing protection 31.

Complaint to Ontario Labour Relations Board 32. Obstruction — information to inspectors, Director MINIMIZING OF RESTRAINING 33. Policy to minimize restraining of residents, etc. 34. Protection from certain restraining 35. Restraining by physical devices 36. PASDs that limit or inhibit movement 37. Records on restraining of residents 38. Prohibited devices that limit movement 39. Common law duty OFFICE OF THE LONG-TERM CARE HOMES RESIDENT AND FAMILY ADVISER 40. Office of the Long-Term Care Homes Resident and Family Adviser REGULATIONS 41. Regulations

PART III QUALITY 42. Continuous quality improvement 43. Resident and Family/Caregiver Experience Survey 44. Long-Term Care Quality Centre

3 45. Regulations

PART IV ADMISSION OF RESIDENTS 46. Application of

Part 47. Designation of placement co-ordinators 48. Placement co-ordinator to comply with Act, etc. 49. Requirements for admission to home 50. Eligibility for long-term care home admission 51. Authorization for admission to a home 52. Elements of consent 53. Substitute decision-maker may apply for person 54. Transfer of application 55. Controls on licensee 56. Suspension of admissions where risk of harm 57. Preference for veterans 58. Immunity — placement co-ordinator’s employees and agents 59. Hearing — ineligibility 60. Appeal to Divisional Court 61. Regulations

PART V COUNCILS RESIDENTS’ COUNCIL 62. Residents’ Council 63. Powers of Residents’ Council 64. Residents’ Council assistant FAMILY COUNCIL 65. Family Council 66. Powers of Family Council 67. Family Council assistant GENERAL 68. Licensee to co-operate with and assist Councils 69. Licensee duty to meet with Council 70. Attendance at meetings — licensees, staff, etc. 71. No interference by licensee 72. Immunity — Council members, assistants 73. Duty of licensee to consult Councils 74. Regulations

PART VI OPERATION OF HOMES DIRECTORS, OFFICERS AND OTHER STAFF 75. Duties of directors and officers of a corporation 76. Administrator 77. Director of Nursing and Personal Care 78. Medical Director 79. Staff qualifications 80. Continuity of care — limit on temporary, casual or agency staff 81. Screening measures 82. Training 83. Orientation for volunteers RESIDENTS — INFORMATION, AGREEMENTS, ETC. 84. Information for residents, etc. 85. Posting of information 86. Regulated documents for resident 87. Voidable agreements 88. Agreement cannot prevent withdrawal of consent, etc. 89. Coercion prohibited GENERAL MANAGEMENT 90. Emergency plans 91. Reports REGULATIONS 92. Regulations

PART VII FUNDING 93. Funding 94. Resident charges 95. Accounts and records

4 96. Non-arm’s length transactions, limitation 97. Regulations

PART VIII LICENSING 98. Licence required 99. Public interest — need 100. Public interest — who can be issued a licence 101. Limitations on eligibility for licence 102. Issue of licence 103. Undertaking to issue licence 104. Conditions of licence 105. Term of licence 106. End of term 107. Beds allowed under licence 108. Transfers, limitation 109. Public consultation 110. Exercise of security interests 111. Notice 112. Gaining controlling interest 113. Management contracts 114. Temporary licences 115. Temporary emergency licences 116. Amendments with consent 117. Competitive process 118. No appeal 119. Review by Minister 120. Regulations

PART IX MUNICIPAL HOMES AND FIRST NATIONS HOMES

INTERPRETATION 121.

Interpretation SOUTHERN HOMES 122. Southern municipal homes 123. Joint homes — south 124. Agreement to help maintain home — south NORTHERN HOMES 125. Northern municipal homes 126. Joint homes — north 127. Agreement to help maintain home — north 128. Territorial district home under board of management 129. Operating costs — apportionment by board of management 130. Capital costs — apportionment by board of management 131. Regulations, apportionments by boards of management FIRST NATIONS HOMES 132. First Nations homes GENERAL 133. Approval required 134. Application of

Part VIII 135. Committee of management, appointment 136. Trust funds 137. Personal information, disclosure to inspectors, etc. 138. Director may make orders re renovations, etc. 139. Director may take control with consent 140. Taking control on certain grounds 141. Provisional exercise of power without hearing 142. Powers where control is ta

Document details

Collection	Ontario — Bills
Citation	p42 s2 bill 37 b037rep e.pdf
Type	bill
Volume / chapter	p42 s2 bill 37 b037rep e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	765c2a6f8e4c1703e6fc5428c377cb608d9a87f8

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