Fixing Long-Term Care Act, 2021
Bill or Act:
Fixing Long-Term Care Act, 2021
Summary of Decision:
Royal Assent received.
Analysis of Regulatory Impact:
The Fixing Long-Term Care Act, 2021, would, if passed, be a key tool in Ontario's plan to fix long-term care by laying the foundation for long-lasting reforms overtime. It would demonstrate the government's commitment to improving residents' experience and restoring public trust in the long-term care sector. This enabling proposal would also:
benefit long-term care homes, residents, and their families by being responsive to long-standing challenges in a sector that were exacerbated by the COVID-19 pandemic.
better position Ontario as a modern regulator and national leader in long-term care by enhancing the quality of care for long-term care home residents and balancing sector concerns.
October 28, 2021
Summary of Proposal:
As part of the broader plan to fix long-term care, the government has proposed an Act, that if passed, would repeal and replace the Long-Term Care Homes Act, 2007. The proposed Fixing Long-Term Care Act, 2021 maintains parts of the previous legislation that worked well and includes new provisions around staffing and care; new protections for residents through better accountability, enforcement and transparency; and streamlined development processes.
This proposed legislation demonstrates the government's commitment to change the province's long-term care sector and includes elements that will accelerate vital improvements to the quality of care and quality of life for long-term care residents.
The Fixing Long-Term Care Act, 2021 would, if passed, initiate immediate and deliberate action to protect, provide appropriate care and improve the quality of care for Ontario's long-term care home residents. The proposed legislation would also address concerns raised by multiple external reviews as well as long-term care residents, families and staff.
Key features of the new Act would, if passed, also lay the groundwork for systemic and long-term reforms that would enhance resident quality of care and quality of life, including:
expanding the rights of residents to have support from their caregivers, to assistance in contacting those caregivers and to receive care and services based on a palliative philosophy;
establishing a target for an average of four hours of direct care to be provided per resident per day by March 2025;
requiring public reporting on progress towards the hours of care target and develops a plan to achieve the target where a target has not been met;
placing greater emphasis on quality of care, quality of life and continuous quality improvement, including provisions to enable the Minister to establish a Long-Term Care Quality Centre;
implementing new enforcement and compliance tools (e.g., providing inspectors with the flexibility to allow licensees to immediately address low-risk non-compliance during an inspection, incorporating a system of Administrative Monetary Penalties, etc.) to hold poor performing homes to account; and
streamlining the development and redevelopment process and providing the Ministry with more flexibility to manage license expiries.
Regulations would be developed and information on the regulations would be posted to the Regulatory Registry for public consultation.
400 University Avenue, 6th Floor, Toronto, ON M5G 1S5
December 9, 2021