Homes for the Aged and Rest Homes Act, R.S.O. 1990, c. H.13

• Jurisdiction: Ontario

Homes for the Aged and Rest Homes Act

R.S.O. 1990, CHAPTER H.13

Historical version for the period December 15, 2009 to June 30, 2010.

Note: On a day to be named by proclamation of the Lieutenant Governor, this Act is repealed by the Statutes of Ontario, 2007, chapter 8, section 194. See: 2007, c. 8, ss. 194, 232 (2).

Last amendment: 2009, c. 33, Sched. 18, s. 17 (2).

Definitions

1. In this Act,

“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”)

“band”, “council of the band” and “reserve” have the same meaning as in the Indian Act (Canada); (“bande”, “conseil de la bande”, “réserve”)

“Director” means a Director appointed as such for the purposes of this Act; (“directeur”)

“home” means a home for the aged established or maintained under this Act or a rest home established and maintained under this Act; (“foyer”)

“joint home” means a home of two or more municipalities or councils of bands, as the case may be; (“foyer commun”)

“last revised assessment rolls as equalized” means last revised assessment rolls as revised and equalized by the Ministry of Revenue; (“derniers rôles d’évaluation révisés tels que pondérés”)

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 is amended by the Statutes of Ontario, 2006, chapter 4, subsection 46 (1) by adding the following definition:

“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”)

See: 2006, c. 4, ss. 46 (1), 55 (2).

“mentally 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 lack of decision; (“mentalement incapable”)

“Minister” means the Minister of Health; (“ministre”)

“municipality” means an upper-tier municipality or a single-tier municipality, but does not include The Corporation of the Township of Pelee; (“municipalité”)

“regulations” means the regulations made under this Act; (“règlements”)

“resident” means a person admitted to and lodged in a home; (“résident”)

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 is amended by the Statutes of Ontario, 2006, chapter 4, subsection 46 (1) by adding the following definition:

“service accountability agreement” means a service accountability agreement as defined in section 21 of the Commitment to the Future of Medicare Act, 2004; (“entente de responsabilisation en matière de services”)

See: 2006, c. 4, ss. 46 (1), 55 (2).

“substitute decision-maker”, in relation to a resident, means,

(a) the person who would be authorized under the Health Care Consent Act, 1996 to give or refuse consent to a treatment on behalf of the resident if the resident were incapable with respect to the treatment under that Act, or

(b) the person who would be authorized under the Health Care Consent Act, 1996 to make a decision concerning a personal assistance service on behalf of the resident if the resident were incapable with respect to the personal assistance service under that Act. (“mandataire spécial”) R.S.O. 1990, c. H.13, s. 1; 1993, c. 2, s. 13; 1994, c. 26, s. 73 (1); 1996. c. 2, s. 68 (1); 1998, c. 18, Sched. G, s. 57 (1); 2002, c. 17, Sched. F, Table; 2009, c. 33, Sched. 18, s. 17 (2).

Fundamental principle, residents’ rights

Fundamental principle

1.1 (1) The fundamental principle to be applied in the interpretation of this Act, the regulations and a service agreement relating to a home is that a home is primarily the home of its residents and, as such, it is to be operated in such a way that the physical, psychological, social, cultural and spiritual needs of each of its residents are adequately met and that its residents are given the opportunity to contribute, in accordance with their ability, to the physical, psychological, social, cultural and spiritual needs of others. 1993, c. 2, s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 46 (2) by striking out “a service agreement” and substituting “a service accountability agreement”. See: 2006, c. 4, ss. 46 (2), 55 (2).

Residents’ bill of rights

(2) A municipality maintaining and operating a home, the municipalities maintaining and operating a joint home and the board of management of a home shall ensure that the following rights of residents of the home are fully respected and promoted:

1. Every resident has the right to be treated with courtesy and respect and in a way that fully recognizes the resident’s dignity and individuality and to be free from mental and physical abuse.

2. Every resident has the right to be properly sheltered, fed, clothed, groomed and cared for in a manner consistent with his or her needs.

3. Every resident has the right to be told who is responsible for and who is providing the resident’s direct care.

4. Every resident has the right to be afforded privacy in treatment and in caring for his or her personal needs.

5. Every resident has the right to keep in his or her room and display personal possessions, pictures and furnishings in keeping with safety requirements and rights of other residents of the home.

6. Every resident has the right,

i. to be informed of his or her medical condition, treatment and proposed course of treatment,

ii. to give or refuse consent to treatment, including medication, in accordance with the law and to be informed of the consequences of giving or refusing consent,

iii. to have the opportunity to participate fully in making any decision and obtaining an independent medical opinion concerning any aspect of his or her care, including any decision concerning his or her admission, discharge or transfer to or from a home, and

iv. to have his or her records of personal health information within the meaning of the Personal Health Information Protection Act, 2004 kept confidential in accordance with the law.

7. Every resident has the right to receive reactivation and assistance toward independence consistent with his or her requirements.

8. Every resident who is being considered for restraints has the right to be fully informed about the procedures and the consequences of receiving or refusing them.

9. Every resident has the right to communicate in confidence, to receive visitors of his or her choice and to consult in private with any person without interference.

10. Every resident whose death is likely to be imminent has the right to have members of the resident’s family present twenty-four hours per day.

11. Every resident has the right to designate a person to receive information concerning any transfer or emergency hospitalization of the resident and, if a person is so designated, to have that person so informed forthwith.

12. Every resident has the right to exercise the rights of a citizen and to raise concerns or recommend changes in policies and services on behalf of himself or herself or others to the residents’ council, staff of the home, government officials or any other person inside or outside the home, without fear of restraint, interference, coercion, discrimination or reprisal.

13. Every resident has the right to form friendships, to enjoy relationships and to participate in the residents’ council.

14. Every resident has the right to meet privately with his or her spouse in a room that assures privacy and, if both spouses are residents in the same home, they have a right to share a room according to their wishes, if an appropriate room is available.

15. Every resident has a right to pursue social, cultural, religious and other interests, to develop his or her potential and to be given reasonable provisions by the home to accommodate these pursuits.

16. Every resident has the right to be informed in writing of any law, rule or policy affecting the operation of the home and of the procedures for initiating complaints.

17. Every resident has the right to manage his or her own financial affairs if the resident is able to do so and, if the resident’s financial affairs are managed by the home, to receive a quarterly accounting of any transactions undertaken on his or her behalf and to be assured that the resident’s property is managed solely on the resident’s behalf.

18. Every resident has the right to live in a safe and clean environment.

19. Every resident has the right to be given access to protected areas outside the home in order to enjoy outdoor activity, unless the physical setting makes this impossible. 1993, c. 2, s. 14; 1999, c. 6, s. 27 (1); 2004, c. 3, Sched. A, s. 87 (1); 2005, c. 5, s. 31 (1).

Further guide to interpretation

(3) Without restricting the generality of subsection (1), this Act, the regulations and a service agreement relating to a home shall be interpreted so as to advance the objective that the resident’s rights set out in subsection (2) be respected. 1993, c. 2, s. 14.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 46 (2) by striking out “a service agreement” and substituting “a service accountability agreement”. See: 2006, c. 4, ss. 46 (2), 55 (2).

Deemed contract

(4) A municipality maintaining and operating a home, the municipalities maintaining and operating a joint home and the board of management of a home shall be deemed to have entered into a contract with each resident of the home or joint home, as the case may be, agreeing to respect and promote the rights of the resident set out in subsection (2). 1993, c. 2, s. 14.

Definition

(5) In this section,

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b)...