Seniors' Care: Home,  Community and Residential Care Services for Seniors

Proposed Amendments to Ontario Regulation 79/10 (Regulation) under the Long-Term Care Homes Act, 2007 (LTCHA)

The Ministry is proposing the following amendments to the Regulation under the LTCHA and that the proposed amendments, if approved, would come into effect on July 1, 2018.

  1. Administrative Monetary Penalty (AMP): An AMP would be issued against a licensee for each non-compliance with a requirement under the LTCHA, which results in an order, and where on any subsequent follow-up inspection(s), the licensee continues to be in non-compliance with the same requirement, which results in a further order. When a licensee returns to compliance, an AMP would not be issued.
  2. Re-inspection fee: The re-inspection fee would be issued for a second, and subsequent, follow-up inspections with respect to an order(s).
  3. Posting of Information:  A minor technical amendment to paragraph 5 of subsection 225 (1) of the Regulation to provide that only the contact information of the Director under the LTCHA, rather than the contact information and the name of the Director, would be posted in long-term care homes together with the explanation of the duty to make mandatory reports to the Director.
  4. Disclosure by staff and volunteers of cannabis-related federal offences:  A minor technical amendment to section 215 of the Regulation to require that the declaration of offences by long-term care home staff and volunteers must include cannabis-related offences under applicable federal law.
    • Currently, section 215 of the Regulation requires staff and volunteers to declare offences under the federal Controlled Drugs and Substances Act (CDSA).  This would include cannabis-related offences.  As the federal government is proposing to remove cannabis from the CDSA and regulate it under proposed new federal legislation, the amendment would require staff and volunteers to declare cannabis-related offences under the new legislation, should it be passed. 
For additional details about the proposals regarding Administrative Monetary Penalties (AMPs) and re-inspection fees, please see the Notice of the Proposed Initial Draft Regulations.
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