Regulation - LGIC
Amendments to Ontario Regulation 246/22 under the Fixing Long-Term Care Act, 2021 to align with the Health and Supportive Care Providers Oversight Authority
Regulation Number(s):
Ontario Regulation 246/22
Instrument Type:
Regulation - LGIC
Bill or Act:
Fixing Long-Term Care Act, 2021
Summary of Proposal:
Personal support workers make up the largest segment of the long-term care workforce, representing over 70% of direct care staff in the sector. Currently, the long-term care sector is the only health sector in Ontario that defines staffing qualifications for personal support workers in regulation, via Ontario Regulation 246/22 ("the Regulation") under the Fixing Long-Term Care Act, 2021 ("the Act").
The Ministry of Health is consulting on a proposed regulatory framework under the Health and Supportive Care Providers Oversight Authority Act, 2021 (HSCPOA Act). This proposed regulatory framework would support registration and oversight that begins with personal support workers and could expand to include other unregulated health care providers in the future. The proposed regulatory framework includes various pathways to register with the Health and Supportive Care Providers Oversight Authority ("the Authority") for the class of personal support worker.
The Ministry of Health's proposed regulatory framework to support personal support worker registration and oversight under the Authority is available for comment. Please search for the following on the Regulatory Registry:
Regulations Pertaining to the Health and Supportive Care Providers Oversight Authority (the Authority)
To foster consistency across sectors and ensure that there is a cohesive and clear set of rules pertaining to personal support worker qualifications across the province, the Ministry of Long-Term Care ("the Ministry") is proposing amendments to section 52 of the Regulation to align with the Authority's registration pathways. The Ministry's objective is to ensure that residents continue to receive safe, high quality personal support services, while supporting consistency in qualification requirements across sectors, without disrupting or negatively impacting the personal support workers already in the system. It also aims to ensure an aligned and integrated set of rules that are easily understood by long-term care homes, residents, families, and caregivers.
The amendments proposed to section 52 of the Regulation would allow personal support workers to work in long-term care if:
•They are registered with the Authority;
•They are not registered with the Authority, but otherwise meet the requirements to register with the Authority under one of the eligible registration pathways; or,
•They qualify to work as a personal support worker under an exception that would be set out in the Regulation under the Act.
The Ministry is proposing to maintain several provisions within section 52 of the Regulation that provide exceptions to personal support worker qualification requirements, or provisions that are not adequately captured under one of the Authority's proposed registration pathways including:
•Allowing a registered nurse or registered practical nurse to work as a personal support worker if they have the adequate skills and knowledge to perform the duties of a personal support worker in the opinion of the Director of Nursing and Personal Care and provided they have the appropriate certificate or registration with a governing body.
•Allowing a person who is enrolled in an educational program for registered nurses or practical nurses to work as a personal support worker if they have the adequate skills and knowledge to perform the duties of a personal support worker in the opinion of the Director of Nursing and Personal Care.
•Allowing a person who is enrolled in a program that is a minimum of 600 hours in duration, counting both class time and practical experience time that meets the vocational standards established by the Ministry of Colleges and Universities, the standards established by the National Association of Career Colleges or the standards established by the Ontario Community Support Association, provided they work under the supervision of a member of the registered nursing staff and an instructor from the program.
•Allowing a person who is currently enrolled in a personal support worker program meeting the Ministry of Colleges and Universities requirements and is completing the practical experience requirements of the program, provided they work under the supervision of a member of the registered nursing staff and an instructor from the program.
•Allowing a person who, by July 1, 2018, has successfully completed a personal support worker program that meets the Ministry of Colleges and Universities requirements other than the requirement to work under supervision, provided that they have provided the licensee with proof of graduation issued by the education provider.
Under this approach, long-term care home licensees could decide whether registration with the Authority is compulsory to work as a personal support worker in their home.
The Ministry recognizes the essential role personal support workers play in long-term care and the delivery of personal support services to residents. The proposed amendments are intended to provide a high level of clarity, assurance, and confidence in the quality of care provided in long-term care homes.
As part of this consultation, the Ministry appreciates any feedback on its proposal to amend the Regulation under the Act to align the qualifications to work as a personal support worker in a long-term care home with the Ministry of Health's proposed registration pathways for personal support workers under the Authority.
The Ministry of Health is consulting on a proposed regulatory framework under the Health and Supportive Care Providers Oversight Authority Act, 2021 (HSCPOA Act). This proposed regulatory framework would support registration and oversight that begins with personal support workers and could expand to include other unregulated health care providers in the future. The proposed regulatory framework includes various pathways to register with the Health and Supportive Care Providers Oversight Authority ("the Authority") for the class of personal support worker.
The Ministry of Health's proposed regulatory framework to support personal support worker registration and oversight under the Authority is available for comment. Please search for the following on the Regulatory Registry:
Regulations Pertaining to the Health and Supportive Care Providers Oversight Authority (the Authority)
To foster consistency across sectors and ensure that there is a cohesive and clear set of rules pertaining to personal support worker qualifications across the province, the Ministry of Long-Term Care ("the Ministry") is proposing amendments to section 52 of the Regulation to align with the Authority's registration pathways. The Ministry's objective is to ensure that residents continue to receive safe, high quality personal support services, while supporting consistency in qualification requirements across sectors, without disrupting or negatively impacting the personal support workers already in the system. It also aims to ensure an aligned and integrated set of rules that are easily understood by long-term care homes, residents, families, and caregivers.
The amendments proposed to section 52 of the Regulation would allow personal support workers to work in long-term care if:
•They are registered with the Authority;
•They are not registered with the Authority, but otherwise meet the requirements to register with the Authority under one of the eligible registration pathways; or,
•They qualify to work as a personal support worker under an exception that would be set out in the Regulation under the Act.
The Ministry is proposing to maintain several provisions within section 52 of the Regulation that provide exceptions to personal support worker qualification requirements, or provisions that are not adequately captured under one of the Authority's proposed registration pathways including:
•Allowing a registered nurse or registered practical nurse to work as a personal support worker if they have the adequate skills and knowledge to perform the duties of a personal support worker in the opinion of the Director of Nursing and Personal Care and provided they have the appropriate certificate or registration with a governing body.
•Allowing a person who is enrolled in an educational program for registered nurses or practical nurses to work as a personal support worker if they have the adequate skills and knowledge to perform the duties of a personal support worker in the opinion of the Director of Nursing and Personal Care.
•Allowing a person who is enrolled in a program that is a minimum of 600 hours in duration, counting both class time and practical experience time that meets the vocational standards established by the Ministry of Colleges and Universities, the standards established by the National Association of Career Colleges or the standards established by the Ontario Community Support Association, provided they work under the supervision of a member of the registered nursing staff and an instructor from the program.
•Allowing a person who is currently enrolled in a personal support worker program meeting the Ministry of Colleges and Universities requirements and is completing the practical experience requirements of the program, provided they work under the supervision of a member of the registered nursing staff and an instructor from the program.
•Allowing a person who, by July 1, 2018, has successfully completed a personal support worker program that meets the Ministry of Colleges and Universities requirements other than the requirement to work under supervision, provided that they have provided the licensee with proof of graduation issued by the education provider.
Under this approach, long-term care home licensees could decide whether registration with the Authority is compulsory to work as a personal support worker in their home.
The Ministry recognizes the essential role personal support workers play in long-term care and the delivery of personal support services to residents. The proposed amendments are intended to provide a high level of clarity, assurance, and confidence in the quality of care provided in long-term care homes.
As part of this consultation, the Ministry appreciates any feedback on its proposal to amend the Regulation under the Act to align the qualifications to work as a personal support worker in a long-term care home with the Ministry of Health's proposed registration pathways for personal support workers under the Authority.
Analysis of Regulatory Impact:
The proposed amendments are intended to support greater clarity, consistency, and alignment of personal support worker qualification requirements across sectors providing greater assurance and confidence in the quality of care provided by personal support workers across sectors.
The proposed amendments, if made, would clarify the pathways to work as a personal support worker in long-term care and make it easier for homes to understand qualification requirements for employment. The proposed amendments are anticipated to result in a neutral regulatory impact to licensees. These changes would be cost neutral for long-term care homes.
If approved, the proposal would benefit long-term care residents, staff and licensees by:
•Supporting the ongoing delivery of quality care to long-term care residents in Ontario by enabling innovative and flexible staffing solutions while staffing continues to stabilize.
•Clarifying licensee obligations and streamlining administrative requirements so that licensees can focus on what matters most: the safety and well-being of long-term care residents.
The Ministry will continue to engage key partners to further explore the regulatory impacts associated with this proposal.
The proposed amendments, if made, would clarify the pathways to work as a personal support worker in long-term care and make it easier for homes to understand qualification requirements for employment. The proposed amendments are anticipated to result in a neutral regulatory impact to licensees. These changes would be cost neutral for long-term care homes.
If approved, the proposal would benefit long-term care residents, staff and licensees by:
•Supporting the ongoing delivery of quality care to long-term care residents in Ontario by enabling innovative and flexible staffing solutions while staffing continues to stabilize.
•Clarifying licensee obligations and streamlining administrative requirements so that licensees can focus on what matters most: the safety and well-being of long-term care residents.
The Ministry will continue to engage key partners to further explore the regulatory impacts associated with this proposal.
Further Information:
Proposal Number:
23-HLTC059
Posting Date:
December 1, 2023
Comments Due Date:
January 15, 2024
Contact Address:
6th Floor, 400 University Avenue
Toronto ON
M5G 1S5
Toronto ON
M5G 1S5