Tuesday, February 1, 2022

Ontario’s New Long Term Care Act

Ontario’s long term care homes legislation is being overhauled, and with it come some important changes for you and your fellow members

By Ian DeWaard, Ontario Director

The legislation, called the Fixing Long-Term Care Act, 2021, is set to go into effect this spring, once the regulations have been updated and finalized.

CLAC, along with five other unions, professional associations, family and resident advocates, and long term care operators, has been invited to take part in the minister of long term care’s strategic advisory table (SLAT), which will inform what the regulations include. In addition, CLAC has made a full written submission on the draft regulation.

Whistle-Blower Protection Improved

The new act promises even stronger protection for whistle-blowers. The old Long-Term Care Homes Act, 2007, already prohibited employers from retaliating or threatening an employee for disclosing information or giving evidence about the care of a resident or the operation of a long term care home to the Ministry of Long-term Care.

The new act, which has not yet come into force, proposes to expand whistle-blower protection to include information that an employee might share with a residents’ council or family council. Because these councils are important advocates and protectors of residents’ interests, rights, and well-being, it’s important that staff are able to communicate with these organizations, which can aid or collaborate with staff in speaking up for residents.

Whistle-blower protection is an important right of workers in long term care where residents are often unable to speak up for themselves. Whistle-blower protection makes clear that it is a violation of the law to discourage someone from reporting such information, and it makes clear that discipline or other penalties, intimidation, coercion, or harassment would be considered illegal retaliation.

The protection also provides that if a whistle-blower complaint is lodged, and the Ontario Labour Relations Board investigates such complaint, the onus, or burden of proof, is placed on the employer.

As an added measure, the Ministry of Long-Term Care manages a toll-free action hotline, where anonymous, urgent complaints will be referred to an inspector. The Ontario Patient Ombudsman also offers a complaint hotline as a last resort if a complaint that has been referred to a home remains unresolved.

Continuous Quality Improvement Committee

The proposed regulation for the new long term care act will require each home to introduce a continuous quality improvement committee. CLAC has written to the minister with suggestions on how to make the committee even more effective, but we’re especially pleased that the committee must include at least one PSW and one RPN.

Front-line staff develop unique insights and hold special expertise that can inform how management develops policies, care plans, and staffing plans. We’re pleased to see that front-line staff are being recognized for that expertise and that they’re made part of the formal, ongoing effort to improve the quality of care at each facility.

The Fixing Long-Term Care Act and the regulation is scheduled to go into affect in April. The work of strategic advisory table will be paused during the election but is scheduled to pick up again with phase 2 of the regulation review.

Ontario’s New Long Term Care Act

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