Proposed Amendments to Ontario Regulation 79/10 (Regulation) under the Long-Term Care Homes Act, 2007 (LTCHA) related to Cannabis in Long-Term Care (LTC) Homes
Ontario Regulation 79/10
Bill or Act:
Long-Term Care Homes Act, 2007
Summary of Proposal:
The Ministry of Health and Long-Term Care (Ministry) is proposing amendments to the Ontario Regulation 79/10 (Regulation) under the Long-Term Care Homes Act, 2007 (LTCHA) with respect to medical and recreational cannabis that if approved, would come into effect on the later of October 17, 2018 and the day the amending regulation is filed.
These amendments would provide clarity to long-term care home licensees about the requirements related to cannabis.
The proposed amendments to the Regulation are as follows:
1. Adding definitions of "cannabis", "medical cannabis" and "recreational cannabis" to the Regulation.
2. Exempting medical cannabis from certain requirements in the Regulation related to purchasing and handling of drugs, packaging of drugs , safe storage of drugs, security of drug supply, administration of drugs, and drug destruction and disposal.
3. Requiring long-term care (LTC) home licensees to have written policies and procedures to govern the cultivation, acquisition, use, administration, possession, storage and disposal of medical cannabis that comply with all applicable laws, including but not limited to, the Cannabis Act (Canada).
4. Exempting recreational cannabis from the drug rules found in sections 114 to 137 of the Regulation.
5. Requiring LTC home licensees to have written policies and procedures to govern the cultivation, acquisition, use, administration, possession, storage, and disposal of recreational cannabis.
6. Providing a 60 day transition period after the amendments come into force to allow LTC home operators time to develop the written policies and procedures respecting recreational and medical cannabis referred to above.
7. Amending the section relating to criminal reference checks that requires LTC home operators to have staff members or volunteers disclose certain offences and orders under any applicable federal law related to cannabis to reflect the title of the federal legislation "the Cannabis Act (Canada)."
Analysis of Regulatory Impact:
The Ministry anticipates the proposed amendments would have minimum impact on LTC home operators. The amendments to Ontario Regulation 79/10, if approved, would require LTC home licensees to develop policies with respect to medical cannabis and recreational cannabis.
September 27, 2018
Comments Due Date:
October 8, 2018
Ministry of Health and Long-Term Care
Long-Term Care Homes Division
1075 Bay Street, 11th Floor, Suite 1100
Toronto, ON M5S 2B1