Consultation on the Scope of the Resident Support Personnel Role in Long-Term Care

Regulation Number(s):
Ontario Regulation 246/22
Instrument Type:
Bill or Act:
Fixing Long-Term Care Act, 2021
Summary of Proposal:
Based on consultations to date, the ministry understands that resident support personnel have been used in long-term care homes to safely assist with low-risk personal support services (for example, helping brush a resident's hair or teeth, helping open containers at mealtime) since the s. 388 transitional staffing qualifications flexibility provision came into effect in the Ontario Regulation 246/22 (Regulation) under the Fixing Long-Term Care Act, 2021.

Resident support personnel play an important role in homes and can help ease the burden on personal support workers and nurses, allowing them to perform the specialized tasks for which they have received the necessary training and education. The ministry has heard from the sector that more guidance is needed related to the scope of the resident support personnel role.

The ministry has temporarily extended the staffing qualifications flexibility provision by amending s. 52 to include the transitional provisions previously in s. 388. This would allow staff (i.e., personal support workers or staff providing personal support services) without the requisite training to continue providing low-risk supports to residents. This change is in effect as of October 11, 2023, until July 1, 2024.

As part of the work to ensure the appropriate use of resident support personnel beyond July 1, 2024, the ministry is seeking feedback on whether resident support personnel should be permanently permitted to assist with personal supports in the future, and if so, what supports should be considered in- versus out-of-scope without impacting resident safety or quality of care. The ministry will use the input received to better position itself in providing guidance to the sector and / or making any necessary amendments to the Fixing Long-Term Care Act, 2021 or its Regulation. The consultation document will be available on the provincial Regulatory Registry from September 29, 2023, to November 20, 2023.
Analysis of Regulatory Impact:
The ministry is not currently proposing regulatory change. However, in the event that feedback to this consultation document leads to future legislative and / or regulatory amendments being proposed, the ministry will undertake necessary analysis to identify associated regulatory impacts.
Further Information:
Proposal Number:
Posting Date:
September 29, 2023
Comments Due Date:
November 20, 2023
Contact Address:
6th Floor, 400 University Avenue
Toronto, ON
M5G 1S5