1 An Introduction to Canadian Laws and Regulations to Protect adults in institutional care Settings from abuse and Neglect british columbia 2008. A Way Forward Canadian care and Protection Laws and Regulations : british columbia _____. Researched & written by: Charmaine Spencer, Gerontology Research Centre, Simon Fraser University. Project Coordinator: Dana Howse, University of Toronto Our Project Team: - Marie Beaulieu, D partement de services sociale, Centre de recherche sur le vieillissement, Universit du Sherbrooke - Mich le Charpentier, cole de travail social Universit du Qu bec.
2 Montr al. - Joan Harbison, School of Social Work, Dalhousie University - Sandi Hirst, Faculty of Nursing, University of Calgary - Lynn McDonald, Institute for Life Course and Aging, University of Toronto - Elizabeth Podnieks, Ryerson University - Charmaine Spencer, Gerontology Research Centre, Simon Fraser University. This paper is one of a series prepared for the national project: A Way Forward: Promoting Promising Approaches to abuse Prevention in institutional Settings. For more information on the project, please visit: This project has been made possible through a financial contribution from the Public Health Agency of Canada.
3 2. Canadian care and Protection Laws and Regulations : british columbia _____. Table of Contents Summary Checklist 4. A. Introduction 5. B. Types of Facilities 6. 1) Licensed care Facilities 7. 2) Assisted Living Facilities 7. C. Legislative Frameworks 8. 1) Community care and Assisted Living Act 8. (a) What is the purpose of the Act? 8. (b) What are the abuse protections in community care facilities? 8. (i) How is abuse defined? 8. (ii) What types of harms are covered? 9. (iii) What are the reporting requirements ? 9. (iv) Are there protections for person who report?
4 10. (v) Are there other abuse prevention safeguards for 10. residents (b) What are the abuse protections in Assisted Living? 11. (i) How is abuse defined? 12. (ii) What is the role of the Assisted Living Registrar in abuse cases? (ii) What is the complaint resolution process 13. (iv) What are the protections for reporting abuse ? 13. 2) Adult Guardianship Act 13. (a) What is the purpose of Part 3 of the AGA? 14. (b) How is abuse defined in this Act? 14. (c) What types of harms are covered? 15. (d) What are the reporting requirements?
5 15. (e) Is there protection for reporting? 15. (f) Is there a penalty for not reporting? 16. (g) What is the investigative process? 16. (h) Are there any criminal penalties? 17. Appendix 18. 3. Canadian care and Protection Laws and Regulations : british columbia _____. Summary Checklist british columbia Assisted Living Long term care facilities Facilities - are privately operated - may be referred to as establishment with community care , three or more residents residential care homes or facilities, or complex - registry system care facilities - there were 158 - range from 3-250.
6 Registered assisted residents living facilities with 5396 spaces (April 2008) - BC has approximately 25,000 long term care - approximately 70% are spaces (2005). publicly subsidized, but varies with health - licensed & inspected region - Community care and - Office of the Assisted Assisted Living Act Living Registrar is Part 2. responsible for oversight of health and - some specific safety standards residents' rights in the Adult care Regulations - Community care and Assisted Living Act - protections for people Part 3 reporting abuse - Tenancy protections/resolution process in development ~~~.
7 Also covered by abuse and neglect provisions of Part 3 of Adult Guardianship Act has some (different) protections for people reporting abuse or neglect 4. Canadian care and Protection Laws and Regulations : british columbia _____. A. Introduction There ought to be a law.. Across the country, a broad range of facilities provide housing, care , support and assistance to older adults as they age. These include lodges, group homes, foster homes, personal care and special care homes, centres d'h bergement et de soins de longue dur e, assisted living facilities, retire- ment communities, residences priv es pour personnes g es, and nursing homes among others.
8 Laws and Regulations have an important role in quality of care and creating supportive and abuse free facilities. But what are the key provincial and terri- torial laws and Regulations to safeguard people living in these facilities? Facilities may be subject to a wide variety of municipal, provincial and federal legislation that may have an effect on the health, care , safety and well being of the people who live there and those who work there. In addition, older adults ' lives and their rights are governed by many differ- ent types of laws related to human rights, health care rights, privacy and personal information.
9 These laws and Regulations have an important role in safeguarding persons' rights as adults and citizens, and are important parts of abuse and neglect prevention. The Criminal Code of Canada applies where criminal offences occur. This document identifies laws and Regulations in provinces and territories that directly concern quality of care and abuse prevention in these various care settings. It examines laws and Regulations that a) directly relate to general functioning and safety of the facility any licensing, safety, and oversight-- and b) specifically cover abuse and neglect prevention or intervention.
10 The descriptions below are also divided into two general categories of laws - laws of general application to the facilities, and special protection laws where applicable. The document is not intended to be a comprehensive statement of all laws in this area, and the laws are often in the process of change. Some provinces and territories may have specific legislated or regulatory protections that address abuse and neglect of adults in institutions, and others do not. However, there may be other types of protections within facili- ties which may be established through guidelines, standards or as contractual terms.