COVID-19 highlighted many issues within long-term care homes. The reports of the mistreatment of seniors caused Ontario to launch its Initial Recommendations from Ontario’s Long Term Care COVID-19 Commission. The topic came up again at the OBA Elder Law Day on June 20, 2022 by Graham Webb, the lawyer and Executive Director of the Advocacy Centre for the Elderly.
The Fixing Long-Term Care Act, S.O. 2021, c. 39, Sched. 1 (“The Act”) repeals and replaces the Long-Term Care Act, 2007. The bill came into force on April 11, 2022, with O.Reg. 246/22. The bill consists of a bundle of legislative amendments to the former Long-Term Care Act, 2007. The Act is not, however, a fundamental law reform or major change from the pre-existing legislative framework.
Below are some notable amendments to the legislation:
- The preamble was expanded to contain new language recognizing resident diversity, the role of Indigenous peoples, the need to support complex mental-health needs, and other rights-oriented concepts;
- Two new Residents’ Rights are added (including the right to support from caregivers and the right to be provided with care and services based on a palliative care philosophy) in response to barring visitors and the absence of palliative care throughout the COVID-19 pandemic; and
- Section 8 of The Act provides a phased-in target of four hours of direct care per resident per day by March 31, 2025. The target begins with three hours of care by March 31, 2022, and increases by 15 to 18 minutes per day until March 31, 2025. It is important to note that there is no right to four hours of daily care on a per-person or per-home basis.
There are also new and updated compliance and enforcement tools. These include:
- New remedied non-compliance, which allows mediators to address very low-risk instances during an inspection;
- Updated compliance orders that may direct licensees to take action (such as arranging specific staff training);
- New administrative monetary penalties;
- An updated order requiring management;
- Updated increased fines for offences; and
- New license suspensions and supervision.
There is also a new Visitor Policy, O.Reg. 246/22, s. 267 (1), which includes the process for visitor access during non-outbreak situations and ensures that essential visitors have access during the outbreak of a disease.
Additionally, restraint and confinement without legal authority, and without a corresponding right of review and appeal, is classified as a Charter violation.
Although these changes are a step in the right direction, we hope The Act continues to be improved to ensure the highest level of safety and care for seniors.
Source: Advocacy Centre for the Elderly, Toronto, Canada (2022)
To read more on Elder Day Conference, please check out this blog:
Inaugural OBA Elder Law Day Conference
To read more on the COVID-19 Commission Report, please check out some of our previous blogs:
Reflecting on ACE’s Special Lecture on Ontario’s Long-Term Care COVID-19 Commission Report
Shocking Finding Revealed by the Long-Term Care Covid-19 Commission’s Report
Initial Recommendations from Ontario’s Long-Term Care COVID-19 Commission
Please click here to access the Commission’s Final Report.
Ian Hull & Jillian Barlow