Amendments to Ontario Regulation 79/10 under the Long-Term Care Homes Act, 2007 to introduce Administrative Monetary Penalties, Re-Inspection Fees and make minor technical amendments.
Bill or Act:
Long-Term Care Homes Act, 2007
Summary of Decision:
Amendments to Ontario Regulation 79/10 (Regulation) under the Long-Term Care Homes Act, 2007 (LTCHA) included in this proposal were approved and filed with the Registrar of Regulations.
The following amendments were approved and filed:
• The introduction of administrative monetary penalties (AMP) and a re-inspection fee.
o An AMP will be issued against a licensee for each non-compliance with a requirement under the LTCHA, which results in an order, and where on any subsequent follow-up inspection(s), the licensee continues to be in non-compliance with the same requirement, which results in a further order.
o A re-inspection fee would be issued for a second, and subsequent, follow-up inspections with respect to an order(s). The amendments related to AMPs and re-inspection fees will come into force on January 1, 2019.
• Technical amendments related to the posting of a Director's contact information and declaration of cannabis-related offences under applicable federal law by long-term care staff and volunteers will come into force on July 1, 2018.
Analysis of Regulatory Impact:
Long-term Care Homes that are in compliance with orders issued under the LTCHA and Regulation at a follow-up inspection would not have an Administrative Monetary Penalty or Re-Inspection Fee issued.
These regulations would not result in any new costs to compliant Long-Term Care Homes.
February 28, 2018
Summary of Proposal:
The Long-Term Care Homes Act, 2007 (LTCHA) and Ontario Regulation 79/10 (Regulation) are the main legislative authority for safeguarding resident rights, improving the quality of care, and improving the accountability of long-term care homes for the treatment, care, and well-being of over 78,000 residents.
The Ministry of Health and Long-Term Care is proposing amendments to the Regulation.
Firstly, to introduce an Administrative Monetary Penalty which would be issued against a licensee for each non-compliance with a requirement under the LTCHA, which results in an order, and where on any subsequent follow-up inspection(s), the licensee continues to be in non-compliance with the same requirement, which results in a further order. When a licensee returns to compliance, an AMP would not be issued.
Secondly, to introduce a re-inspection fee which would be issued for a second, and subsequent, follow-up inspections with respect to an order(s).
Thirdly, to make a minor technical amendment to paragraph 5 of subsection 225 (1) of the Regulation to provide that only the contact information of the Director under the LTCHA, rather than the contact information and the name of the Director, would be posted in long-term care homes along with the explanation of the duty to make mandatory reports to the Director.
Fourthly, to make a minor technical amendment to section 215 of the Regulation to require that the declaration of offences by long-term care home staff and volunteers must include cannabis-related offences under applicable federal law.
Currently, section 215 of the Regulation requires staff and volunteers to declare offences under the federal Controlled Drugs and Substances Act (CDSA). This would include cannabis-related offences. As the federal government is proposing to remove cannabis from the CDSA and regulate it under proposed new federal legislation, the amendment would require staff and volunteers to declare cannabis-related offences under the new legislation, should it be passed.
The Ministry is proposing that the proposed amendments, if approved, would come into effect on July 1, 2018.
For additional details about the proposals regarding Administrative Monetary Penalties (AMPs) and re-inspection fees, please see the link below for the Notice of the Proposed Initial Draft Regulations
Should you wish to forward supporting materials as attachment to your comments to the Regulatory Registry, you may send to the following email address: Reg79.10_Posting_Comments@ontario.ca.
Long-Term Care Homes Division
Ministry of Health and Long-Term Care
1075 Bay Street, 11th Floor
Toronto, ON M5S 2B1
July 1, 2018