Providing More Care, Protecting Seniors, and Building More Beds Act, 2021, S.O. 2021, c. 39 - Bill 37

• Jurisdiction: Ontario
• Bill Number: 37
• Date: 09 December 2021

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 37 and does not form part of the law. Bill 37 has been enacted as Chapter 39 of the Statutes of Ontario, 2021.

SCHEDULE 1
FIXING LONG-TERM CARE ACT, 2021

The Long-Term Care Homes Act, 2007 is repealed and replaced.

Part I sets out the fundamental principle that is to be applied in the interpretation of the legislation, and provides for how terms in the legislation are to be interpreted.

Part II deals with the rights of residents of long-term care homes and the care and services they are entitled to. This includes a bill of rights of residents and a requirement that every long-term care home have a mission statement. The plan of care that must be developed for every resident is provided for. Licensees must ensure that certain programs and services are provided. New rights that are provided for include the right of a resident right to have their lifestyle and choices respected, and right to be provided with care and services based on a palliative care philosophy. Targets are set for the hours of direct care to be provided by personal support workers, nurses, and allied health care professionals.

Part III deals with quality. Every licensee of a long-term care home is required to implement a continuous quality improvement initiative, and the Minister is authorized to establish a Long-Term Care Quality Centre.

Part IV provides for how admissions to a long-term care home are dealt with.

Part V deals with the Residents’ Council and Family Council of a long-term care home. Every home must have a Residents’ Council and may have a Family Council. The powers of these councils, such as assisting residents and advising licensees, are provided for.

Part VI deals with the operation of the homes. Among the changes here is the emergency plan for a home is required to deal with epidemics and pandemics.

Part VII deals with funding, including funding provided by the Minister for long-term care homes, and charges that licensees may make to residents.

Part VIII deals with the licensing of long-term care homes.

Part IX provides for long-term care homes established and maintained by a municipality or municipalities, or board of management that maintains a municipal home, joint home or First Nations home.

Part X deals with compliance and enforcement. New provisions dealing with the suspension of licences and the powers of long-term care home supervisors are included.

Part XI deals with assorted administrative and miscellaneous areas.

Part XII deals with transitional issues.

Part XIII provides for amendments to the Act.

SCHEDULE 2
CONSEQUENTIAL AMENDMENTS

The Schedule makes consequential amendments to various Acts to reflect the repeal of the Long-Term Care Homes Act, 2007 and enactment of the Fixing Long-Term Care Act, 2021.

SCHEDULE 3
RETIREMENT HOMES ACT, 2010

The Schedule makes several amendments to the Retirement Homes Act, 2010. Here are some highlights:

1. The Act is amended to require a licensee of a retirement home to make available to any person on request information about accommodation and prices in print or electronic form, or both.

2. Currently, in certain circumstances, an inspector who conducts an investigation of a retirement home under section 77 of the Act is required to prepare a final inspection report. An amendment to subsection 77 (14) of the Act requires the inspector to ensure that the final inspection report does not contain personal information or personal health information and only provides specified information in respect of whether there has been a contravention of the Act.

3. The Act is amended to give the Registrar the power to serve orders on a licensee in prescribed extraordinary circumstances, if the Registrar believes on reasonable grounds that the extraordinary circumstances have resulted or may result in harm or a risk of harm to one or more residents.

4. Currently, section 106 of the Act requires the Registrar to make available for public inspection the information contained in registers established and maintained by the Registrar. The Act is amended to allow the Registrar to withhold publishing information in the circumstances set out in the section.

5. The Schedule adds a new section 108.1 to the Act allowing the Authority to require a licensee to deliver a written communication, on behalf of the Authority, to a resident or their substitute decision-maker.

6. The Act is amended to allow the Authority to collect a resident or their substitute decision-maker’s contact information from either of them or from a licensee, for the purposes of administering the Act and regulations.

7. Other technical and consequential amendments are made.

chapter 39

An Act to enact the Fixing Long-Term Care Act, 2021 and amend or repeal various Acts

Assented to December 9, 2021

CONTENTS

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

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2 (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Providing More Care, Protecting Seniors, and Building More Beds Act, 2021.

SCHEDULE 1
FIXING LONG-TERM CARE ACT, 2021

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...