Long-Term Care Homes Act, 2007, S.O. 2007, c. 8

• Jurisdiction: Ontario
• Year: 2000

Long-Term Care Homes Act, 2007

S.o. 2007, chapter 8

Historical version for the period December 9, 2021 to April 10, 2022.

Note: This Act is repealed on a day to be named by proclamation of the Lieutenant Governor. (See: 2021, c. 39, Sched. 1, s. 204)

Last amendment: 2021, c. 39, Sched. 1, s. 204.

CONTENTS

Preamble

The people of Ontario and their Government:

Believe in resident-centred care;

Remain committed to the health and well-being of Ontarians living in long-term care homes now and in the future;

Strongly support collaboration and mutual respect amongst residents, their families and friends, long-term care home providers, service providers, caregivers, volunteers, the community and governments to ensure that the care and services provided meet the needs of the resident and the safety needs of all residents;

Recognize the principle of access to long-term care homes that is based on assessed need;

Firmly believe in public accountability and transparency to demonstrate that long-term care homes are governed and operated in a way that reflects the interest of the public, and promotes effective and efficient delivery of high-quality services to all residents;

Firmly believe in clear and consistent standards of care and services, supported by a strong compliance, inspection and enforcement system;

Recognize the 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 compromised;

Affirm our commitment to preserving and promoting quality accommodation that provides a safe, comfortable, home-like environment and supports a high quality of life for all residents of long-term care homes;

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

Respect the requirements of the French Language Services Act in serving Ontario’s Francophone community;

Recognize the importance of fostering the delivery of care and services to residents in an environment that supports continuous quality improvement;

Are committed to the promotion of the delivery of long-term care home services by not-for-profit organizations.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

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. 2007, c. 8, s. 1.

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 traitement”)

“Administrator”, in relation to a long-term care home, means the Administrator for the home required under section 70; (“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: 2017, c. 25, Sched. 5, s. 1 (2))

“confine”, except with respect to the common law duty of a caregiver to confine a person as referred to in section 36, has the meaning provided for in the regulations; (“confiner”)

“Director” means the person appointed under section 175 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 71; (“directeur des soins infirmiers et des soins personnels”)

“equity share” means a share of a class of shares of a corporation that carries a voting right either under all circumstances or under some circumstances that have occurred and are continuing; (“action participante”)

“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 VIII; (“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: 2019, c. 5, Sched. 3, s. 12 (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 VIII; (“foyer de soins de longue durée”)

“Minister” means the Minister of Health and 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”)

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

“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”)

“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”)

“requirement under this Act” means a requirement contained in this Act, in the regulations, or in an order or agreement made under this Act, and includes a condition of a licence under Part VII or an approval under Part VIII, a condition to which funding is subject under section 90 and, subject to subsection 174.1 (7), an operational or policy directive issued by the Minister under section 174.1; (“exigence que prévoit la présente loi”)

“resident” means a person admitted to and living in a long-term care home; (“résident”)

“Residents’ Bill of Rights” means the list of rights of residents set out in section 3; (“déclaration des droits des résidents”)

“rights adviser” means a person designated by or in accordance with the regulations as a rights adviser; (“conseiller en matière de droits”)

“secure unit” means an area within a long-term care home that is designated as a secure unit by or in accordance with the regulations; (“unité de sécurité”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “secure unit” in subsection 2 (1) of the Act is repealed. (See: 2017, c. 25, Sched. 5, s. 1 (4))

“spouse” means,

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

(b) either of two persons who live together in a conjugal relationship outside marriage; (“conjoint”)

“staff”, in relation to a long-term care home, means persons who work at the home,

(a) as employees of the licensee,

(b) pursuant to a contract or agreement with the licensee, or

(c) pursuant to a contract or agreement between the licensee and an employment agency or other third party; (“personnel”)

“substitute decision-maker” means a person who is authorized under the Health Care Consent Act, 1996 or the Substitute Decisions Act, 1992 to give or refuse consent or make a decision, on behalf of another person; (“mandataire spécial”)

“volunteer” means a person who is part of the organized volunteer program of the long-term care home under section 16 and who does not receive a wage or salary for the services or work provided for that program. (“bénévole”) 2007, c. 8, ss. 2 (1), 195 (1); 2009, c. 33, Sched. 18, s. 15 (1); 2017, c. 25, Sched. 5, s. 1 (1, 3); 2019, c. 5, Sched. 3, s. 12 (1).

Controlling interest

(2) Without limiting the meaning of controlling interest, a person shall be deemed to have a controlling interest in a licensee if the person, either alone or with one or more associates, directly or indirectly,

(a) owns or controls, beneficially or otherwise, with respect to a licensee that is a corporation,

(i) 10 per cent or more of the issued and outstanding equity shares, and

(ii) voting rights sufficient, if exercised, to direct the management and policies of the licensee; or

(b) has the direct or indirect right or ability, beneficially or otherwise, to direct the management and policies of a licensee that is not a corporation. 2007, c. 8, s. 2 (2).

Same

(3) Without restricting the generality of subsection...