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Bill 203, More Than a Visitor Act (Caregiving in Congregate Care Settings), 2020

Gretzky, Lisa

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Bill 203 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the More Than a Visitor Act (Caregiving in

Congregate Care Settings), 2020 which requires the Minister to respect

and promote certain rights for persons receiving care, support or services in congregate

care settings and their designated caregivers . The Minister is also

required to safely integrate designated caregivers that were excluded because

of the COVID-19 pandemic back into congregate care settings. The Minister is

also required to improve respect for the role of the designated caregiver

within congregate care settings and to develop and implement a caregiving

strategy in consultation with specified stakeholders. The strategy is to be

reviewed and updated every five years and is to be published on a Government

website. An interim strategy that incorporates the rights of individuals

receiving care, support or services in congregate care settings to have

meaningful access to their designated caregiver is to be in effect for the

first year.

Bill 203 2020

An Act respecting the rights of persons

receiving care, support or services

in congregate care settings and their caregivers

Preamble

The Government of Ontario,

Considers

it important to protect the rights and well-being of persons

receiving care, support or services in congregate care settings ;

Acknowledges

that persons receiving care, support or services in congregate care settings can

designate one or more caregivers to partner in their care or support;

Acknowledges

that a person receiving care, support or services in a congregate care setting

should not be prevented from accessing their designated caregivers, especially

in times of crisis or emergency, and supports that processes must be developed

to safely facilitate this;

Agrees

that the care provided by designated caregivers does not replace the formal

care provided by paid workers in health care, developmental services and

related sectors; and

Wants

to stabilize staffing in congregate care settings so the role of designated

caregivers can be to supplement care and support.

Therefore,

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

the Province of Ontario, enacts as follows:

Interpretation

(1) In

this Act,

“congregate

care setting” includes,

(

a) a

long-term care home within the meaning of the Long-Term

Care Homes Act, 2007,

(

b) a

retirement home within the meaning of the Retirement Homes

Act, 2010 ,

(

c) a

private hospital within the meaning of the Private

Hospitals Act ,

(

d) a

hospital within the meaning of the Public Hospitals Act ,

(

e) an

independent health facility within the meaning of the Independent

Health Facilities Act ,

(

f) a

hospice or other facility that provides palliative care services,

(

g) on

and after the day prescribed by the Minister, a dwelling or premises in which

home and community care services are provided that include residential

accommodation within the meaning of the Connecting Care

Act, 2019 ,

(

h) a

site operated by a supportive housing provider, including an assisted living

facility,

(

i) an

intervenor services residential site,

(

j) a

residential group home for those with developmental disabilities,

(

k) a

children’s residence within the meaning of

section 243 of the Child, Youth and Family Services Act, 2017 ,

(

l) a

place of secure custody, a place of open custody, a place of open temporary

detention or a place of secure temporary detention within the meaning of the Child, Youth and Family Services Act, 2017 ,

(

m) a

site providing residential or emergency residential services under the Violence

Against Women Support Services program or the Anti-Human Trafficking Community

Supports program, and

(

n) an

emergency homeless shelter; (“habitation collective”)

“designated

caregiver” means an individual described in

section 3; (“aidant naturel désigné”)

“Minister”

means the minister to whom the administration of this Act is assigned under the

Executive Council Act . (“ministre”)

Persons

in congregate care settings

(2) In

this Act, a reference to a person receiving care, support or services is a

reference to a person receiving care, support or services in a congregate care

setting.

Roles,

etc., of workers in congregate care settings

(3) Nothing

in this Act changes the roles and responsibilities of workers in congregate

care settings or affects their collective bargaining rights.

Application

of other Acts

(4) Nothing

in this Act overrides the application of the Substitute

Decisions Act, 1992 , the Personal Health

Information Protection Act, 2004 or the Health Care

Consent Act, 1996 .

Duties

of the Minister

(1) The

Minister shall,

(

a) ensure

that a person receiving care, support or services has access to their

designated caregiver by ensuring that designated caregivers are safely integrated into congregate care settings after being

excluded because of the COVID-19 pandemic;

(

b) provide

support, resources and training to the operators of congregate care settings to

improve understanding and respect for the role of designated caregivers as

partners in care or support; and

(

c) ensure

that operators of congregate care settings have the resources to implement the

caregiving strategy and the rights set out in this Act.

(2) For

the purpose of ensuring that designated caregivers are safely integrated into

congregate care settings under clause (1) (a), the Minister shall ensure that

infection control protocols for congregate care settings include a way to

safely integrate caregivers during a crisis or emergency.

Designated

caregiver, criteria

(1) For

the purpose of this Act, an individual who meets the following criteria is a

designated caregiver:

1. The

individual continuously or occasionally provides significant, unpaid,

non-professional support to a person receiving care, support or services.

2. The

individual shares an emotional bond with the person receiving care, support or

services.

3. The

individual has been designated to be the person’s caregiver for the purpose of

this Act by,

i. the

person receiving care, support or services, or

ii. a

substitute decision-maker, within the meaning of the Health

Care Consent Act, 1996 , of the person mentioned in subparagraph i.

Same,

examples

(2) A

designated caregiver may be a family member, a neighbour, a friend, a support

person, an attorney for personal care or property under the Substitute Decisions Act, 1992 or another similar type of

person.

More

than one caregiver

(3) For

greater certainty, more than one individual may be designated to be a person’s

caregiver under paragraph 3 of subsection (1).

Revocation

of designation

(4) For

greater certainty, a designation made under paragraph 3 of subsection (1) may

be revoked at any time by a person mentioned in that paragraph.

Rights

of persons receiving care, support or services and designated caregivers

(1) The

Minister shall ensure that the following rights are fully respected and

promoted:

1. A

person receiving care, support or services has the right to access their

designated caregiver in accordance with their needs and preferences.

2. A

person receiving care, support or services has the right that their designated caregiver

not be treated merely as a visitor.

3. A

person receiving care, support or services has the right to choose to have

their designated caregiver participate in and be fully informed of decisions

regarding the person and to choose the degree of participation.

4. A

person receiving care, support or services has the right to communicate in

confidence, in their preferred manner and without interference, with their

designated caregiver.

5. Both

a person receiving care, support or services and their designated caregiver have

the right to be treated with dignity and respect.

Guide

to

interpretation

(2) This

Act shall be interpreted so as to advance the objective that the rights set out

in subsection (1) be respected.

Emergency,

rights continue

(3) For

greater certainty, the rights set out in subsection (1) remain in effect during

a crisis or emergency.

Caregiving

strategy

(1) No

later than the first anniversary of the day this Act receives Royal Assent, the

Minister shall develop and implement a caregiving strategy that,

(

a) implements

the rights set out in subsection 4 (1);

(

b) prevents

the Government from unilaterally developing policies regarding the role of designated

caregivers with respect to persons receiving care, support or services; and

(

c) includes

a staffing strategy for each type of place listed in the definition of “congregate

care setting” in subsection 1 (1) to ensure that the role of designated

caregivers is to supplement care or support.

Principles

(2) The

caregiving strategy developed under subsection (1) is to be based on the

following principles:

1. The

rights of persons receiving care, support or services are to be respected and

upheld at all times, including during times of crisis or emergency.

2. Designated

caregivers should be distinguished from visitors.

3. The

presence of the designated caregiver is vital to the well-being of the person

receiving care, support or services and the absence of the designated caregiver

may result in increased risk of unintentional harms, including increased risk

of emotional, mental and physical harms.

Five-year

review, caregiving strategy

later than the second anniversary of the day this Act receives Royal Assent,

and at least every five years thereafter, the Minister shall review and update the

caregiving strategy then in effect.

Consultation

The

Minister shall consult the following persons in developing, reviewing and

updating the caregiving strategy:

1. Persons

receiving care, support or services.

2. Caregivers

and bodies or groups representing caregivers.

3. Health

and support service providers.

4. Staff

in congregate care settings and groups representing staff in congregate care

settings.

5. Researchers

and experts in relevant sectors.

Publication

The Minister

shall make the caregiving strategy and each update available to the public on a

website of the Government of Ontario.

Interim

caregiving strategy

(1) No

later than one month after the day this Act receives Royal Assent, the Minister

shall develop and implement an interim caregiving strategy that promotes and incorporates the rights set out in subsection 4

(1) .

Interim

strategy, in effect

(2) The

interim caregiving strategy shall be in effect until the first anniversary of

the day this Act receives Royal Assent.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the More

than a Visitor Act (Caregiving in Congregate Care Settings), 2020 .

Date Bill stage Event Outcome Committee

September 24, 2020

Second Reading

Ordered referred to Standing Committee

Standing Committee on Social Policy

September 24, 2020

Second Reading

Vote

Carried on division

September 24, 2020

Second Reading

Debated

September 16, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

September 16, 2020

Committee

Second Reading

September 24, 2020

Mrs. Lisa Gretzky, Mr. Jeremy Roberts, Ms. Jill Andrew, Mr. John Fraser, Ms. Effie J. Triantafilopoulos, Ms. Teresa J. Armstrong, Ms. Jessica Bell, Ms. Mitzie Hunter, Ms. Catherine Fife

September 24, 2020

Carried on division. Referred to the Standing Committee on Social Policy.

Committee

Standing Committee on Social Policy

Third Reading

Royal Assent

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