Fixing Long-Term Care Act
Find resources that align with the Act
The Fixing Long-Term Care Act, 2021 (FLTCA) regulates the structure and actions of those who work for or operate long-term care (LTC) homes across Ontario.
For more than a decade, the Ontario CLRI has been producing resources for LTC homes to improve best practices. This page provides a gateway for the LTC sector to find resources aligned with the first six parts of the FLTCA.
Please follow the FLTCA calls to action below to access pages with Ontario CLRI resources.
| FLTCA Section | Description |
|---|---|
| Home: The fundamental principles | Definition of LTC home and operations. |
| 2-Interpretation | Definition of terms used in FLTCA. |
| 3-Residents’ Bill of Rights | List of rights guaranteed to residents of LTC homes. |
| 4-Mission Statement | Requiring a statement that outlines each home’s principles, purpose, and philosophy of care driven by the goal of the provision of resident-directed safe, quality care. |
| 5-Home to be safe, secure environment | Guarantee of a safe and secure environment for residents in LTC homes. |
| 6-Plan of care | Written plan of care for each resident with planned care, goals of care, care directions, covering all aspects of care, based on assessment of the resident. The licensee shall ensure that the plan of care covers all aspects of care including: medical, nursing, personal support, mental health, nutritional, dietary, recreational, social, palliative, restorative, religious, and spiritual care. The resident and/or substitute decision-maker shall be given the opportunity to participate fully in the development and implementation of the resident’s plan of care. The plan of care must be documented, and staff of the home must be made aware of its contents. The plan of care must be revisited and reviewed when the resident is reassessed at least every six months and any other time when a goal in the plan is met, is deemed ineffective, or the resident’s care needs change. |
| 7-Consent | Assessment of resident requirements and provision of care and services to a resident must be done only with resident consent. |
| 8-Direct hours of care target — personal support workers, nurses | Target of an average of 4 hours of direct care per resident per day. Listed periodic target increases. |
| 9-Direct hours of care target — allied health care professionals | Target of an average of 36 minutes of direct care per resident per day. Listed periodic target increases. |
| 10-Measuring progress | Progress towards direct care targets will be assessed and publicly reported by the Minister. Failure to meet targets will result in a plan of proposed strategies to achieve targets. |
| 11-Nursing and personal support services | Organized program of nursing and personal support services for the home, assessed to meet the needs of the residents; covering daily activity and living assistance (including personal hygiene services) and 24-hour nursing care. If a registered nurse is acting as a Director of Nursing and Personal Care they are not considered to be “on duty”. |
| 12-Palliative care | Ensuring residents are provided with care or services that integrate a palliative care philosophy. |
| 13-Restorative care | Ensuring the existence of an organized interdisciplinary program with a restorative philosophy that promotes maximized independence, may include care or services that addresses psychosocial needs, physiotherapy and other therapy services, and where relevant, includes care or services for residents with cognitive impairments or who are unable to leave their rooms. |
| 14-Recreational and social activities | Ensuring the existence of an organized program of recreational and social activities for the home to meet the interests of the residents, and shall include services for residents with cognitive impairments or who are unable to leave their rooms. |
| 15-Dietary services and hydration | Ensuring the existence of an organized program of nutritional care, dietary services, and hydration to meet the daily nutrition and hydration needs of the residents, ensuring residents are provided with food and fluids that are safe, adequate in quantity, nutritious, and varied. |
| 16-Medical services | Ensuring the existence of an organized program of medical services for the home. |
| 17-Information and referral assistance | Ensuring that residents are provided with information and assistance in obtaining goods, services, and equipment relevant to residents’ health care needs. |
| 18-Religious and spiritual practices | Ensuring that residents are given the opportunity to practice their religious and spiritual beliefs, and observe the requirements of those beliefs. |
| 19-Accommodation services | Ensuring an organized program of housekeeping, maintenance, and laundry services for linen and personal clothing of the residents. Ensuring the home, furnishings, and equipment are kept clean and sanitary, in a safe condition, and a good state of repair. Ensuring that residents’ linen and personal clothing is collected, sorted, cleaned, and delivered. |
| 20-Volunteer program | Ensuring an organized program encouraging and supporting the participation of volunteers in the lives and activities of residents in the home. |
| 21-Staffing and care standards | Ensuring the home meets staffing and care standards provided for in the regulations. |
| 22-Standards for programs and services | Ensuring that programs required under sections 11-20 comply with standards and requirements, including outcome measures, provided for in the regulations. Shall also comply with regulations made under paragraph 14 of subsection 193. |
| 23-Infection prevention and control program | Infection prevention and control program must include evidence-based policy and procedures, and educational component for staff, residents, volunteers, and caregivers, daily monitoring to detect the presence of infection in the residents, measures to prevent the transmission of infection, and a hand hygiene program. There must also be an infection prevention and control lead in the home whose primary duty is the home’s infection prevention and control program, and who possesses the necessary qualifications provided for in the regulations. |
| 24-Duty to protect | The residents must be protected from abuse by anyone, and the licensee must ensure that residents are not neglected by the home, or its staff. These duties do not apply if the resident is absent from the home, unless they continue to receive care or services from the home, or its staff or volunteers. |
| 25-Policy to promote zero tolerance | Ensuring the existence of a written policy that promotes zero tolerance of abuse and neglect of residents, and ensuring the policy is complied with, The policy must also include following contents: a clear definition of abuse and neglect, a program that complies with the regulations for preventing abuse and neglect, an explanation of the duty (under Section 28) to make mandatory reports, procedures for investigating and responding to alleged, suspected, or witnessed abuse and neglect of residents, consequences for those who abuse or neglect residents, and any additional matters provided for in the regulations. This policy must be communicated to all staff, residents, and residents’ substitute decision-makers. |
| 26-Complaints procedure — licensee | Ensuring there are written procedures for initiating complaints to the home and how the home deals with complaints, and includes information about how to make a complaint to the patient ombudsman (under the Excellent Care for All Act 2010) and to the Ministry, and immediately forward to the Director any written complaint that the home receives concerning the care of a resident or the operation of a long-term care home. |
| 27-Licensee must investigate, respond and act | Every reported, alleged, suspected, or witnessed incident of: abuse of a resident by anyone, neglect of a resident by the home or its staff, must be immediately investigated and appropriate action must be taken in response to every such incident. Any home that reports under subsection 2 must do so as regulated and include all material that is provided for in the regulations. |
| 28-Reporting certain matters to Director | The following must be reported to the Director: improper or incompetent care of a resident resulting in harm or risk of harm to the resident, abuse of a resident by anyone, or neglect of a resident by staff, misuse or misappropriation of a resident’s money, or misuse or misappropriation of funding provided to a home. Knowingly providing false information in a report to the Director is an offense. Residents are allowed report under subsection 1 but are not required to. The following persons are guilty of an offense if they fail to report required by subsection 1: Licensees or managers of the long-term care home, an officer or director of the corporation (if the long-term care home is managed by a corporation), a member of the committee or board of management of the home (if the home is approved under Part IX), any staff member, any person who provides professional services to a resident or to the home in the areas of health, social work, or social services work. Every person mentioned in this section is guilty of an offense if the person discourages, coerces or intimidates a person not to make a required report, or authorizes permits or concurs in a contravention of the duty to make a report required in this section. Nothing in this section abrogates solicitor-client privilege. |
| 29-Inspections or inquiries where information received by Director | The Director must have an inspector conduct an inspection or make inquiries for the purpose of ensuring compliance if any of the following may have occurred: improper or incompetent treatment or care of a resident or unlawful conduct that resulted in harm or risk of harm to the resident, abuse of a resident by anyone, neglect of a resident by the home or its staff, a violation of section 30, misuse or misappropriation of a resident’s money or of funding provided to the home, or failure to comply with a requirement under this Act that resulted in harm or risk of harm to a resident. The inspector acting under subsection 1 must immediately visit the home if any of the aforementioned may have occurred, or if the Director receives information of other matters of concern if there may be risk of harm to a resident. |
| 30-Whistle-blowing protection | Any person who has disclosed information to the Director or an inspector, filed a report, complained to the Ministry, or has given evidence related to a breach or requirement under this Act by any method, is protected from retaliation, whether by action or omission, or threats of retaliation. Protection from retaliation includes protection from the following: dismissal, disciplining, or suspension of a staff member, imposition of a penalty on any person, intimidation, coercion, or harassment of any person, discharge or threats of discharge to a resident, or discriminatory treatment to any person. Discouragement of reporting or encouragement of failure to report is an offense if the person doing so is a staff member, licensee of a long-term care home, an officer or director of the corporation (if the home is managed by a corporation), or a member of the committee or board of management of the home (if the home is approved under Part IX). Whistleblowers are protected from legal action with the exception of acting maliciously or in bad faith. |
| FLTCA Section | Description |
|---|---|
| 31-Complaint to Ontario Labour Relations Board | The Board may inquire into any complaint filed under subsection 1 and section 96 of the Labour Relations Act 1995. The burden of proof lies on the employer, or person acting on behalf of the employer. The Board may subtitute penalty of an employee. |
| 32-Obstruction — information to inspectors, Director | 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 the Act or regulations. |
| 33-Select 33-Policy to minimize restraining of residents, etc. | Ensuring the existence of a written policy to minimize the restraining and confining of residents, that any necessary restraining is done in accordance with this Act and regulations, and ensuring that the policy is complied with. |
| 34-Protection from restraining and confining | No resident may be restrained in any way for the convenience of the licensee or staff, as a disciplinary measure, by the use of a physical device (other than in accordance with section 35 or under the common law duty referred to in section 39), by the administration of a drug (other than under the common law duty referred to in section 39), by the use of barriers, locks or other devices or controls, leaving a room or any part of the home including the grounds of the home, or entering parts of the home generally accessible to other residents (other than under the common law duty referred to in section 39). The following is not restraining of the resident: use of a physical device from which a resident is both physically and cognitively able to release themself, use of personal assistance service devices (within the meaning of subsection 36) to assist with a routine activity of living, administration of a drug as a treatment set out in a resident’s plan of care, use of barriers, locks, or other devices or controls at stairways as a safety measure, or at entrances and exits to the home or grounds of the home (unless the resident is prevented from leaving). |
| 34.1-Confining of resident | Confining of a resident may be included in a resident’s plan of care only if all the following are satisfied: significant risk of serious bodily to the resident or others if the resident is not confined, alternatives to confinement have been considered and tried where appropriate, the method and degree of confining are reasonable and least restrictive of the reasonable methods and degrees effective to address risk, a physician or registered nurse has recommended the confining, the confining has been consented to by the resident or the resident’s substitute decision-maker if the resident is incapable of providing consent. If the resident is confined, the following requirements apply: the resident’s condition is reassessed and effectiveness of the confining is evaluated, confinement is only as long as necessary to address the risk, confining is discontinued if an alternative or less restrictive method is identified. If consent to confining is given by a substitute decision-maker the following applies: the resident is promptly given a written notice and provided a verbal explanation of the written notice, provided an opportunity to meet with a rights adviser if they express wishes to access one or if they express disagreement with the confining. The rights adviser shall promptly meet with the resident and may assist them in making an application to the Consent and Capacity Board and in obtaining legal services. |
| 35-Restraining by physical devices | Restraining of a resident may be included in a resident’s plan of care only if all the following are satisfied: significant risk of serious bodily to the resident or others if the resident is not confined, alternatives to restraining have been considered and tried where appropriate, the method and degree of restraining are reasonable and least restrictive of the reasonable methods and degrees effective to address risk, a physician or registered nurse has recommended the restraining, the restraining has been consented to by the resident or the resident’s substitute decision-maker if the resident is incapable of providing consent. If the resident is confined, the following requirements apply: the device used in restraining is used in accordance with subsection 1, the resident is monitored, released and repositioned from time to time, the resident’s condition is reassessed and effectiveness of the restraining is evaluated, restraining is only as long as necessary to address the risk, restraining is discontinued if an alternative or less restrictive method is identified. |
| 36-PASDs that limit or inhibit movement | “PASD” refers to personal assistance service device, used to assist a person with a routine activity of living. This section applies to PASDs that may inhibit or limit movement. A PASD may be used only if it is included in a resident’s plan of care. A PASD may only be included in a resident’s plan of care if the following are satisfied: alternatives have been considered and tried where appropriate, the use is deemed as reasonable, and is the least restrictive to effectively assist the resident, the use has been approved by a physician, registered nurse, registered practical nurse, member of the College of Occupational Therapists of Ontario, member of the College of Physiotherapists of Ontario, or another person provided for in the regulations, and the use of the PASD has been consented to by the resident or the resident’s substitute decision-maker. If a PASD is used as a device to restrain the resident it applies to subsection 35. |
| 37-Records on restraining of residents | Homes must keep records of the restraining of residents and the use of PASDs (within the meaning of subsection 36). |
| 38-Prohibited devices that limit movement | Ensuring that no device provided for in the regulations is used to restrain or confine a resident, or 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. |
| 39-Common law duty | 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 others. |
| 40-Office of the Long-Term Care Homes Resident and Family Adviser | The Minister may establish an Office of the Long-Term Care Homes Resident and Family Adviser to assist and provide information to residents and their families and others, and advise the Minister on matters and issues concerning the interests of residents. |
| 41-Regulations | The Lieutenant Governor in Council may make regulations for carrying out provisions of this Part of the Act. Including establishing standards, temperature requirements, classification of residents, mission statements, governing plans of care, setting higher targets, defining “allied health care professional” and “regular nursing staff”. requiring more nurses on duty, respecting and governing palliative care and developing palliative care philosophies, and governing the requirements and implementation of infection prevention and control. |
| 42-Continuous quality improvement | Every licensee shall implement a continuous quality improvement initiative. |
| 43-Resident and Family/Caregiver Experience Survey | Homes must take a yearly survey of residents, their families, and caregivers to measure their experience with the home, care services programs, and goods provided. The licensee shall make reasonable efforts to act on the results of the survey to improve the home, care, services, and goods accordingly. The licensee shall seek the advice of the Residents’ Council and Family Council. The licensee shall ensure that the results and subsequent improvement actions of the survey are documented and available to the respective Councils. |
| 44-Long-Term Care Quality Centre | The Minister may establish a Long-Term Care Quality Centre to support mission-driven organizations, and advance and share research on innovative and evidence-informed person-centred models of care. |
| 45-Regulations | The Lieutenant Governor in Council may make regulations for carrying out provisions of this Part of the Act. Including governing the requirements for a continuous quality improvement initiative, governing the survey of residents, families, and caregivers, and providing for and governing the Long-Term Care Quality Centre. |
| 46-Application of Part | This section applies to admission of a person to a long-term care home and any transfer within a home to a specialized unit. “Specialized unit” refers to any unit designated to provide certain types of accommodation, care, services, programs, and goods to residents. |
| 47-Designation of placement co-ordinators | The Minister shall designate one or more persons as placement co-ordinators for the long-term care homes in specified geographic areas. The Minister may revoke designations. |
| 48-Placement co-ordinator to comply with Act, etc. | A placement co-ordinator shall act in accordance with this Act. |
| 49-Requirements for admission to home | In order for a person to be admitted as a resident of a long-term care home, the following must be satisfied: a placement co-ordinator must determine admission eligibility (under section 50), the placement co-ordinator for that specified geographic area must authorize the admission to a specific home (under section 51). |
| 50-Eligibility for long-term care home admission | The following assessments are required to determine eligibility for admission to a long-term care home: assessment of the applicant’s physical and mental health, requirements for medical treatment and health care, assessment of the applicant’s functional capacity, requirements for personal care, current behaviour, and behaviour during the year proceeding the assessment. |
| 51-Authorization for admission to a home | A person who has been determined to be eligible for admission to a long-term care home may apply to a placement co-ordinator for authorization of admission. The placement co-ordinator will: consider whether the applicant may need to be confined in the home, advise on confinement recommendations, assist the applicant in choosing a home, consider the applicant’s personal preferences relating to admission based on ethnic, religious, spiritual, linguistic, familial, and cultural factors. The placement co-ordinator shall suggest alternative services and make appropriate referrals under any of the following circumstances: admission to the home is delayed, or the licensee withholds or withdraws approval for admission of the applicant. |
| 52-Elements of consent | The following are the elements required for consent to admission to a long-term care home: consent must be related to the admission, informed, given voluntarily, and must not be obtained through misrepresentation or fraud. |
| 53-Substitute decision-maker may apply for person | A substitute decision-maker may apply on behalf of a person under section 50 or 51. |
| 54-Transfer of application | Responsibility for an application made under section 50 or 51 may be transferred to a different placement co-ordinator, with consent of the applicant. |
| 55-Controls on licensee | The licensee of a long-term care home shall not admit a person unless the person’s admission is authorized by a placement co-ordinator for that specified geographic area. |
| 56-Suspension of admissions where risk of harm | If the Director believes there is risk of harm to the health or well-being of residents of a long-term care home, or to persons who might be admitted as residents, the Director may direct the placement co-ordinator to cease authorizing admissions for a period of time. |
| 57-Preference for veterans | The Minister shall ensure that preference is given to veterans for access to beds in the following circumstances: beds that 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 veteran, and are designated by the Minister as veterans’ priority access beds. |
| 58-Immunity — placement co-ordinator’s employees and agents | 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. |
| 59-Hearing — ineligibility | When the Appeal Board receives an application for review of a determination of ineligibility, a hearing shall begin within 21 days of the Board receiving the application for a hearing. The Appeal Board shall notify each of the parties of the hearing, and notify the placement co-ordinator, who will then notify the Minister. The Appeal Board powers are as follows: affirming the determination of ineligibility, rescind the determination of ineligibility and refer the matter back to the placement co-ordinator for redeterminations, or rescind the determination of ineligibility and substitute its opinion for the opinion of the placement co-ordinator (direct the placement co-ordinator to determine that the applicant is eligible for admission to a long-term care home). |
| 60-Appeal to Divisional Court | A party to the determination of ineligibility by the Appeal Court may appeal to the Divisional Court. The powers of the Divisional Court are as follows: the Divisional Court may affirm or rescind the decision of the Appeal Board, may refer the matter back to the Appeal Board or placement co-ordinator, or may substitute its opinion for that of the placement co-ordinator of the Appeal Board (direct the placement co-ordinator to determine that the applicant is eligible for admission to a long-term care home). |
| 60.1-ALC patients | This section applies to a person occupying a bed under the Public Hospitals Act, and has been designated by an attending clinician as requiring an alternate level of care (the person does not require the intensity of resources or services provided in the hospital care setting). The following actions may be performed on behalf of the ALC patient without consent (so long as reasonable steps to obtain consent have been made). The attending clinician may request a placement co-ordinator to do the following: determine an ALC patient’s eligibility for admission to a long-term care home, select a long-term care home, provide the licensee with assessments and information on the ALC patient, authorize admission to a home, transfer responsibility of placement to another placement co-ordinator, a physician or registered nurse may conduct an assessment of the ALC patient to determine eligibility for admission. The licensee of a long term care home must do the following: approve admission if authorized by a placement co-ordinator, and admit the approved ALC patient when there is an available bed. This section is consistent with the Resident’s Bill of Rights. |
| FLTCA Section | Description |
|---|---|
| 61-Regulations | The Lieutenant Governor in Council may make regulations for carrying out provisions of this Part of the Act. Including governing determinations of eligibility, governing authorizations of admission, providing priority for persons specified in the regulations, governing notices given by licensees (under subsections 51(8) and (9)), governing placement co-ordinators, providing exemptions, and governing actions with respect to ALC patients. |
| 62-Residents’ Council | Ensuring the establishment of a Residents’ Council in the home. Only residents of the home may be members of the Residents’ Council. |
| 63-Powers of Residents’ Council | The Residents’ Council has the power to do any and all of the following: advise residents on the rights and obligations under this Act of the residents and the licensee, attempt to resolve disputes between the residents and the licensee, collaborate with community groups and volunteers, and sponsor and plan activities for the residents, advise the licensee of concerns or recommendations the Council has about the operation of the home or improvements to care or quality of life in the home, report to the Director, and review inspection reports, compliance plans, funding allocations, financial statements, and operation of the home. The licensee has a duty to respond to concerns or recommendations from the Council within 10 days. |
| 64-Residents’ Council assistant | Every licensee of a long-term care home shall appoint a Residents’ Council assistant. The assistant shall take instructions from and report to the Residents’ Council, and ensure confidentiality where requested in carrying out their duties. |
| 65 – Family Council | |
| 66-Powers of Family Council | The Family Council has the power to do any and all of the following: provide assistance, information, and advice to residents, family members, and persons of importance to residents, including when new residents are admitted, advise residents, family members, and persons of importance to residents on the rights and obligations under this Act of the residents, themselves, and the licensee, attempt to resolve disputes between the residents and the licensee, collaborate with community groups and volunteers, and sponsor and plan activities for the residents, advise the licensee of concerns or recommendations the Council has about the operation of the home or improvements to care or quality of life in the home, report to the Director, and review inspection reports, compliance plans, funding allocations, financial statements, and operation of the home. The licensee has a duty to respond to concerns or recommendations from the Council within 10 days. The Minister shall consult with organizations that represent the interests of the Family Council on an annual basis. |
| 67-Family Council assistant | If the Council requests, the licensee of a long-term care home shall appoint a Family Council assistant. The assistant shall take instructions from and report to the Family Council, and ensure confidentiality where requested in carrying out their duties. |
| 68-Licensee to co-operate with and assist Councils | The Licensee shall co-operate with the respective Councils and their respective assistants, and shall provide them with financial and other information. |
| 69-Licensee duty to meet with Council | If invited by either Council, the licensee shall meet with them, or ensure a representative meets with them. |
| 70-Attendance at meetings — licensees, staff, etc. | The licensee shall attend Council meetings only if invited, and shall ensure that any other staff or persons involved in management attend Council meetings only if invited. |
| 71-No interference by licensee | The licensee shall not interfere with the operation of the Residents’ Council or Family Council, shall not prevent any Council members from attending Council meetings or prevent them from entering the long-term care home to carry out their duties, and shall ensure that no staff or management interferes with the operation of the Councils. |
| 72-Immunity — Council members, assistants | No action or other proceeding shall be commenced against Council member or Council assistant for any act done or omitted to be done in good faith in the capacity as a member or assistant. |
| 73-Duty of licensee to consult Councils | A licensee has a duty to consult regularly with the respective Councils, and shall consult with them at least every three months. |
| 74-Regulations | The Lieutenant Governor in Council may make regulations for carrying out provisions of this Part of the Act. Including governing the duties of Councils, and requiring a licensee to assist in the formation of Residents’ and Family Councils. |
| 75-Duties of directors and officers of a corporation | If a licensee is a corporation, every director and officer of the corporation shall ensure the corporation complies with all requirements under this Act. If the licensee is a municipal or First Nations home approved under Part IX, the committee or board of management is responsible for ensuring compliance with all requirements under this Act. Every person who fails to comply with this section is guilty of an offence, a person may be prosecuted and convicted under this section separately from a corporation. |
| 76-Administrator | Every licensee of a long-term care home shall ensure the home has an Administrator. The Administrator shall be in charge of the home and responsible for its management. |
| 77-Director of Nursing and Personal Care | Every licensee of a long-term care home shall ensure the home has a Director of Nursing and Personal Care. The Director of Nursing and Personal Care must be a registered nurse, and is responsible for supervising the nursing and personal care staff and the care provided by them. |
| 78-Medical Director | Every licensee of a long-term care home shall ensure the home has a Medical Director. The Medical Director must be a physician, and is responsible for advising the licensee on matters relating to medical care in the long-term care home. |
| 79-Staff qualifications | Every licensee of a long-term care home shall ensure that all the staff of the home have the proper skills and qualifications to perform their duties |
| 80-Continuity of care — limit on temporary, casual or agency staff | Every licensee of a long-term care home shall ensure the use of temporary, causal, or agency staff is limited in accordance with the regulations. |
| 81-Screening measures | Every licensee of a long-term care home shall ensure screening measures are conducted before hiring staff and volunteers. The screening measures shall include police record checks (for persons over the age of 18). Every licensee of a long-term care home shall ensure that no staff member is hired if they have been convicted of an offence prescribed in the regulations, or have been found guilty of an act of professional misconduct prescribed in the regulations. |
| Select 82-Training | Every licensee of a long-term care home shall ensure all staff of the home have received training as required by this section. This training includes the following areas: Residents’ Bill of Rights, mission statement, policy to promote zero tolerance of abuse and neglect of residents, duty under section 28 to make mandatory reports, protections afforded by section 30, policy to minimize restraining of residents, fire prevention and safety, emergency and evacuation procedures, infection prevention and control, and all Acts, regulations, and policies of the Ministry (including policies of the licensee) that are relevant to the person’s responsibilities. The additional training for direct care staff is in the following areas: abuse recognition and prevention, mental health issues (including caring for persons with dementia), behaviour management, minimization of restraining and confinement of residents (and where restraining or confinement is necessary, how to do so in accordance with this Act), and palliative care. |
| 83-Orientation for volunteers | Every licensee of a long-term care home shall develop and implement an orientation program for volunteers that includes information on the following areas: Residents’ Bill of Rights, mission statement, policy to promote zero tolerance of abuse and neglect of residents, duty under section 28 to make mandatory reports, fire safety and universal infection prevention and control practices, and the protections afforded by section 30. |
| 84-Information for residents | Every licensee of a long-term care home shall ensure that a package of information is given to every resident (and subtitute decision-maker, if applicable) at the time of their admission to the home. This package on information must also be made available to the family members and persons of importance to the resident. The package must be revised as necessary, and any material revisions to the package are provided to all residents and substitute decision makers who received the original package. The package of information must include, at a minimum, the following: Resident’s Bill of Rights, mission statement, policy to promote zero tolerance of abuse and neglect of residents, an explanation of the duty under section 28 to make mandatory reports, procedure for making complaints to the licensee and Director, policy to minimize the restraining and confining of residents, licensee contact information, statements of maximum amounts and reductions available under the regulations for accommodation offered, information about what is paid for under this Act or the Connecting Care Act 2019, a list of what is available at the home for an extra charge, a statement that residents are not required to purchase care, services, programs, and goods from the licensee and may do so from another provider, disclosure of any non-arms’ length relationships between the licensee and other providers, information on the Residents’ and Family Councils respectively, and an explanation of the protections offered by section 30. |
| 85-Posting of information | Every licensee of a long-term care home shall ensure required information is posted in the home in a conspicuous and accessible location, and shall ensure that required information is communicated in a manner that complies with requirements to residents who cannot read the information. The required information includes the following: The Resident’s Bill of Rights, mission statement, policy to promote zero tolerance of abuse and neglect of residents, explanation of the duty under section 28 to make mandatory reports, procedure for initiating complaints to the licensee and Director, policy to minimize restraining and confining of residents, the service accountability agreement in accordance with section 22 of the Connecting Care Act 2019, licensee contact information, fire and evacuation measures and procedures, copies of inspection reports from the past two years, orders made by the inspector or the Director from the past two years, a written plan for achieving compliance, decisions of the Appeal Board or Divisional Court within the past two years, most recent minutes of the Residents’ and Family Councils (with the consent of the respective Councils), and an explanation of the protections afforded under section 30. |
| 86-Regulated documents for resident | Every licensee of a long-term care home shall ensure that no regulated document is presented for signature to a resident, substitute decision-maker, or family member (current or prospective) unless the regulated document complies with all the requirements of the regulations, and the compliance has been certified by a lawyer. |
| 87-Voidable agreements | An agreement between a licensee and a resident, substitute decision-maker, or family member (current or prospective) is voidable within 10 days of the agreement. |
| 88-Agreement cannot prevent withdrawal of consent, etc. | An agreement with a licensee cannot prevent consent or directive with respect to treatment or care from being withdrawn or revoked. |
| 89-Coercion prohibited | Every licensee of a long-term care home shall ensure that no person is told or led to believe a prospective resident will be refused admission, or a resident will be discharged from the home if any of the following occur: not signing a document, voiding an agreement, or withdrawal, revoking, giving, or not giving consent or directive with respect to treatment or care. |
| 90-Emergency plans | Ensuring that emergency plans are in place for the home that include measures for dealing with, responding to and preparing for emergencies (including epidemics and pandemics), and procedures for evacuating and relocating residents and evacuating staff. Ensuring the plans are tested, evaluated, updated, and reviewed with staff. Preparing attestation attesting to compliance with this section and maintaining records of every attestation. Compliance with requirements for attestations in respect to: information to be included in the attestation, to whom the attestation shall be submitted, and the form, manner, and timing of the attestation. |