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 Decision:
On October 17, 2018, regulatory amendments were approved which provide clarity regarding requirements relating to medical and recreational cannabis in long-term care homes.
Definitions of cannabis, medical cannabis and recreational cannabis have been added to the Regulation. Furthermore, recreational cannabis, industrial hemp, and hemp derivatives have been exempted from the rules about drugs in the Regulation.
Medical cannabis has also been exempted from certain requirements in the Regulation related to purchasing, handling, storage, security, administration, packaging, and disposal of drugs. Long-term care homes are required to meet these obligations for medical cannabis as per the requirements under the Cannabis Act (Canada). Quarterly and annual evaluations still apply to medical cannabis.
Long-term care homes are also required to have written policies and procedures to govern how medical and recreational cannabis is acquired, cultivated, consumed, administered, and stored. These policies and procedures must comply with all applicable laws, including but not limited to the Cannabis Act (Canada) and Cannabis Regulations (Canada).
Analysis of Regulatory Impact:
The Ministry of Health and Long-Term Care undertook a Regulatory Impact Analysis to better understand the impact the proposed regulatory amendment would have on the for-profit businesses within the long-term care home sector. This analysis estimated new average annual administrative costs of $6,591 for the sector resulting from costs to learn about the regulatory amendment, develop new policies, and train necessary staff with respect to Medical and recreational cannabis.
September 27, 2018
Summary of Proposal:
The Ministry of Health and Long-Term Care (Ministry) proposed amendments to the Ontario Regulation 79/10 (Regulation) under the Long-Term Care Homes Act, 2007 (LTCHA) with respect to medical and recreational cannabis.
These amendments provide clarity to long-term care home licensees about the requirements related to cannabis.
The 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)."
Ministry of Health and Long-Term Care
Long-Term Care Homes Division
1075 Bay Street, 11th Floor, Suite 1100
Toronto, ON M5S 2B1
October 17, 2018