Fixing Long-Term Care Act, 2021, S.O. 2021, c. 39, Sched. 1 (Historical version for the period May 18, 2023 to July 23, 2023)

• Jurisdiction: Ontario
• Coming into Force: 18 May 2023
• End of Effective Date: 23 July 2023
• Status: historical

Fixing Long-Term Care Act, 2021

S.o. 2021, chapter 39
Schedule 1

Consolidation Period: From May 18, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 4, Sched. 2, s. 2.

CONTENTS

Preamble

The people of Ontario and their Government:

Recognize that long-term care services and care must respect resident diversity and diversity in communities;

Respect the requirements of the French Language Services Act in the planning, design, delivery and evaluation of long-term care services for Ontario’s French-speaking communities;

Recognize the role of Indigenous peoples in the planning, design, delivery, and evaluation of culturally safe long-term care services and care in their communities;

Acknowledge that long-term care residents have diverse and complex physical and mental health needs that require individual, proactive, efficient, and effective supports;

Are committed to resident-directed, safe, quality care that responds to a resident’s physical, psychological, emotional, social, spiritual and cultural goals and needs and is respectful of every resident’s individual identity and history;

Are committed to providing and promoting high quality accommodation in a safe, comfortable, home-like environment where every long-term care resident has an ability to enjoy life, and pursue the relationships, activities and interests that are meaningful to them;

Acknowledge that a resident’s health and quality of life depend on integration and collaboration between an ecosystem of people, including fellow residents, family members, caregivers, long-term care home staff, volunteers, service providers, community and government;

Recognize the importance of caregivers in supporting a resident’s physical, mental, social and emotional well-being and quality of life;

Are committed to having a diverse, qualified, and empowered workforce that is respected and supported by effective leadership to meet the individual and diverse needs of residents;

Share a vision for a province where excellent long-term care services and care are available to all Ontarians who require it and where residents and their families have trust and confidence in their long-term care home;

Affirm their belief that long-term care homes must be governed and operated in a way that reflects the interest of the public, and promote effective and efficient delivery of high-quality care and services to all residents;

Are committed to improving public accountability and transparency, through robust and regular inspections and progressive enforcement actions;

Affirm our responsibility to take action where standards or requirements under this Act are not being met, or where the care, safety, security and rights of residents might be or are compromised;

Recognize the importance of fostering an environment that supports continuous quality improvement and innovation;

Recognize the value of transparency from government, long-term care home licensees, staff and service providers with residents and their families;

Acknowledge that relevant information and data about long-term care homes should be accessible to the public in a timely manner;

Recognize the principle that access to long-term care homes is based on prospective residents’ assessed needs;

Are committed to the promotion of the delivery of long-term care home services by not-for-profit and mission-driven organizations; and

Are committed to all long-term care homes operating as mission-driven organizations that have resident-directed, safe, quality care as the primary goal.

PART I
FUNDAMENTAL PRINCIPLE AND INTERPRETATION

Home: the fundamental principle

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.

Interpretation

2 (1) In this Act,

“abuse”, in relation to a resident, means physical, sexual, emotional, verbal or financial abuse, as defined in the regulations in each case; (“mauvais traitements”)

“Administrator”, in relation to a long-term care home, means the Administrator for the home required under section 76; (“administrateur du foyer”)

“Agency” means the corporation continued by section 3 of the Connecting Care Act, 2019; (“Agence”)

“Appeal Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission d’appel”)

“care” includes treatment and interventions; (“soins”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (1) of the Act is amended by adding the following definition: (See: 2021, c. 39, Sched. 1, s. 203 (1))

“confine”, except with respect to the common law duty of a caregiver to confine a person as referred to in section 39, has the meaning provided for in the regulations; (“confiner”)

“Director” means the person appointed under section 185 as the Director and, where more than one person has been appointed, means the person who is the Director for the purposes of the provision in which the term appears; (“directeur”)

“Director of Nursing and Personal Care”, in relation to a long-term care home, means the Director of Nursing and Personal Care for the home required under section 77; (“directeur des soins infirmiers et des soins personnels”)

“fundamental principle” means the fundamental principle set out in section 1; (“principe fondamental”)

“incapable” means unable to understand the information that is relevant to making a decision concerning the subject matter or unable to appreciate the reasonably foreseeable consequences of a decision or a lack of decision; (“incapable”)

“intervention” means an action, procedure or activity designed to achieve an outcome to a condition or a diagnosis; (“intervention”)

“licensee” means the holder of a licence issued under this Act, and includes the municipality or municipalities or board of management that maintains a municipal home, joint home or First Nations home approved under Part IX; (“titulaire de permis”)

“local health integration network” means a local health integration network as defined in section 2 of the Local Health System Integration Act, 2006; (“réseau local d’intégration des services de santé”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “local health integration network” in subsection 2 (1) of the Act is repealed. (See: 2021, c. 39, Sched. 1, s. 203 (2))

“long-term care home” means a place that is licensed as a long-term care home under this Act, and includes a municipal home, joint home or First Nations home approved under Part IX; (“foyer de soins de longue durée”)

“Minister” means the Minister of Long-Term Care, or, if the responsibility for the administration of this Act has been assigned to another Minister under the Executive Council Act, that Minister; (“ministre”)

“Ministry” means the Ministry over which the Minister presides; (“ministère”)

“personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”)

“physician” means a member of the College of Physicians and Surgeons of Ontario; (“médecin”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “physician” in subsection 2 (1) of the Act is repealed and the following substituted: (See: 2023, c. 4, Sched. 2, s. 2 (1))

“physician” means a member of the College of Physicians and Surgeons of Ontario or another person prescribed by the regulations; (“médecin”)

“registered nurse” means a member of the College of Nurses of Ontario who holds a certificate of registration as a registered nurse under the Nursing Act, 1991; (“infirmière autorisée” or “infirmier autorisé”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “registered nurse” in subsection 2 (1) of the Act is repealed and the following substituted: (See: 2023, c. 4, Sched. 2, s. 2 (2))

“registered nurse” means a member of the College of Nurses of Ontario who holds a certificate of registration as a registered nurse under the Nursing Act, 1991 or another person prescribed by the regulations; (“infirmière autorisée” or “infirmier autorisé”)

“registered nurse in the extended class” means a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “registered nurse in the extended class” in subsection 2 (1) of the Act is repealed and the following substituted: (See: 2023, c. 4, Sched. 2, s. 2 (3))

“registered nurse in the extended class” means a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991 or another person prescribed by the regulations; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure”)

“registered practical nurse” means a member of the College of Nurses of Ontario who holds a certificate of registration as a registered practical nurse under the Nursing Act, 1991; (“infirmière auxiliaire autorisée” or “infirmier auxiliaire autorisé”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “registered practical nurse” in subsection 2 (1) of the Act is repealed and the following substituted: (See: 2023, c. 4, Sched. 2, s. 2 (4))

“registered practical nurse” means a member of the College of Nurses of Ontario who holds a certificate of registration as a registered practical nurse under the Nursing Act, 1991 or another person prescribed by the regulations; (“infirmière auxiliaire autorisée” or...