CLAC's Comments and Recommendations on Fixing the Long-Term Care Act, 2021: Phase 1 Regulations

CLAC is pleased to offer comments regarding the proposed regulations for the Fixing Long-Term Care Act, 2021. In this submission, CLAC provides constructive comments about gaps in practice and puts forward recommendations for improvements to the proposed regulations.

Our recommendations can be summarized as follows. 

1. Require the licensee to consult with workers or their bargaining agent (where applicable) in the development of the staffing plan. Require licensee to share final staffing plan with workers or the bargaining agent (where applicable) each year.
2. Require that hours worked each day by registered nurses, registered practical nurses, and personal support workers, as well as all hours worked by allied healthcare professionals, be reported to the director and to the public by each long term care home. Such measurement should

• demonstrate if home achieves the target of four hours of hands-on care per resident per day, as well as the target for allied health professionals. The target for each home should be adjusted by that home’s annual CMI (each home’s care hours target = provincial target * home CMI);
• be calculated on the actual hours of care paid to workers at work on that day, and resident days counted based on the home’s census for that day;
• be reported quarterly to the minister; and
• be made publicly available to the residents, their families, and the general public, on no less than an annual basis.

3. Require that homes who fall beneath the target (as indexed by CMI) meet with the director to review the staffing plan prescribed by Section 35(1) and to report on the efforts being made to work toward achieving the standard.
4. Include in Section 116 a requirement that costs associated with labour disputes (rights disputes); including any award, penalties, or settlements, be paid from the other accommodations envelope.
5. Create two new subsections, which stipulate that the members of the continuous quality improvement committee (as specified in 166 (2) points 7, 8, and 9), would include a member of the non-nursing staff and would be selected by the workers or by the bargaining agent, where applicable.
6. Include a provision that entitles worker representatives on the continuous quality improvement committee to be paid for their time performing committee work.
7. Amend section 258. (2) to require worker consultation and input into the training and orientation programs.
8. To close existing compliance gaps, accelerate the hiring of new inspectors, and increase the number of unannounced inspections substantially.

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