Proposed Regulatory Amendments to O. Reg. 166/11 (General) under the Retirement Homes Act, 2010 and O. Reg. 75/08
Regulation - LGIC
Bill or Act:
Retirement Homes Act, 2010 and Regulatory Modernization Act, 2007
Summary of Decision:
Amendments to O. Reg 166/11 under the Retirement Homes Act, 2010 (RHA) became effective on March 16, 2022. Many of these changes support amendments to the RHA passed in Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021 (Bill 37), which received Royal Assent on December 9, 2021.
These changes to O. Reg 166/11:
Prescribe a list of extraordinary circumstances relating to two new orders the RHRA Registrar may issue, passed as part of changes to the RHA in Bill 37;
Require a licensee to notify the RHRA in the event of a temporary closure of the home or part of the home (in some cases) or unplanned evacuations exceeding six hours or relocations of residents;
Enhance the list of entities with which the RHRA may share information;
Prescribe additional data the RHRA may collect from licensees;
Prohibit licensees, staff, volunteers and external care providers (ECPs) from borrowing, holding or receiving a resident's money or property with related amendments to require an explanation of this prohibition in the licensee's policy to promote zero tolerance of abuse and neglect;
Require licensees to provide ECPs with information on the licensee's policy to promote zero tolerance for abuse and neglect;
Exempt licensees from notifying substitute decision-makers of abuse if they are suspected to be the alleged abuser;
Include epidemics and pandemics as part of emergency plan requirements; and
Clarify language and practices, reduce duplication, eliminate unnecessary processes, and reduce non-core reporting requirements.
Amendments to O. Reg. 75/08 under the Regulatory Modernization Act, 2007 (RMA), to designate the RHA for the purposes of sections 7,10 and 14 of the RMA, became effective on March 16, 2022.
By Order in Council, the Lieutenant Governor in Council proclaimed the remaining changes to the RHA made in Schedule 3 of Bill 37 to come into force on March 16, 2022.
Analysis of Regulatory Impact:
The Ministry completed a regulatory impact analysis of the regulatory changes which was informed by feedback through stakeholder engagement, including posting on the regulatory registry for public comment.
These amendments will benefit approximately 60,000 residents in almost 780 retirement homes in Ontario by:
improving protection of resident and staff safety in licensed retirement homes;
allowing for more effective supports to help timely and data-driven decision-making;
strengthening the RHRA as a modern regulator; and
clarifying practices for licensees and the RHRA by reducing unnecessary requirements without impacting resident protections.
Retirement home operators could realize an estimated annual savings of approx. $361,000 from the elimination of staff training requirements. Savings would be reduced by estimated annual costs of approx. $192,000, over the next 10 years, related to the cost of:
hiring a temporary manager in response to the issuance of a Management Order in Extraordinary Circumstances;
staff time to learn about the regulatory amendments;
relocation notification by retirement homes to the RHRA;
updating emergency plans; and,
collecting and submitting data to the RHRA.
The retirement home sector is anticipated to realize a net average cost savings of almost $169,000 annually over the next 10 years as a result of the regulatory changes.
Note: costs estimates were calculated with the Regulatory Cost Calculator using a discount rate of 2.5 per cent.
December 3, 2021
Summary of Proposal:
The Ministry for Seniors and Accessibility (the "Ministry") is proposing amendments to Ontario Regulation 166/11 (General) under the Retirement Homes Act, 2010 (the "RHA"). Many of these proposed regulatory amendments compliment and support amendments to the RHA, which were recently passed as part of Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021 ("Bill 37"). Bill 37 received Royal Assent on December 9, 2021. The proposed regulatory amendments would directly impact the approximately 60,000 Ontarians currenting living in retirement homes as well as those potentially considering a retirement home in the future.
The Ministry conducted reviews of the RHA and its regulation to identify opportunities to modernize the legislative and regulatory framework governing the retirement home sector and to reduce unnecessary requirements.
The proposed amendments are responsive to the issues identified in the reviews, as well as the challenges and gaps underscored by the COVID-19 pandemic, stakeholder consultations and other external reports including the Auditor General's 2020 Value for Money Audit of the Retirement Homes Regulatory Authority (the "RHRA"). They respond to issues pertaining to oversight of the retirement homes sector and resident care and safety.
If approved, the proposed regulatory amendments would:
(1) Prescribe a list of extraordinary circumstances relating to two new orders the Registrar of the RHRA may issue that have been passed in Bill 37. For the Registrar to issue either order, there must be an extraordinary circumstance necessitating immediate action that poses harm or a risk of harm to a resident of a retirement home;
(2) Require a licensee to notify the RHRA in the event of a temporary relocation or closure of the home or part of the home or unplanned evacuations of residents exceeding six hours;
(3) Permit the RHRA to share certain information with other organizations;
(4) Prescribe additional information the RHRA could collect from licensees;
(5) Prohibit licensees, staff, volunteers and external care providers from borrowing, holding or receiving, a resident's money or property. A related proposed regulatory amendment would require an explanation of these prohibitions to be included in the home's policy to promote zero tolerance of abuse and neglect of resident to inform those individuals of the prohibition;
(6) Require licensees to provide external care providers with information about the home's policy to promote zero tolerance for abuse and neglect of residents, emergency plan and infection prevention and control program;
(7) Exempt licensees from notifying substitute decision-makers of abuse if they are suspected to be the alleged abuser;
(8) Include epidemics and pandemics as part of emergency plan requirements; and
(9) Clarify language and practices, reduce duplication, eliminate unnecessary processes, and reduce non-core reporting requirements.
The Ministry is proposing a corollary amendment to O. Reg. 75/08 under the Regulatory Modernization Act, 2007 to generally enable the RHRA to share information it obtains under the RHA, allow the Minister to publish certain information obtained under the RHA, and to authorize a person to use the authority in other legislation in limited circumstances.
Ministry for Seniors and Accessibility
6th Floor, Suite 600
777 Bay Street
Toronto ON M7A 2J4
March 16, 2022