Definitions

1  In this Act:

"adult" means a person 19 years of age or older;

"assisted living residence" means a premises or part of a premises, other than a community care facility,

(a) in which housing, hospitality services and at least one but not more than 2 prescribed services are provided by or through the operator to 3 or more adults who are not related by blood or marriage to the operator of the premises, or

(b) designated by the Lieutenant Governor in Council to be an assisted living residence;

"board" means the Community Care and Assisted Living Appeal Board continued under section 29;

"care" means supervision that is provided to

(a) a child through a prescribed program,

(b) a child or youth through a prescribed residential program, or

(c) an adult who is

(i)  vulnerable because of family circumstances, age, disability, illness or frailty, and

(ii)  dependent on caregivers for continuing assistance or direction in the form of 3 or more prescribed services;

"child" means a person under the age of 13 years;

"community care facility" means a premises or part of a premises

(a) in which a person provides care to 3 or more persons who are not related by blood or marriage to the person and includes any other premises or part of a premises that, in the opinion of the medical health officer, is used in conjunction with the community care facility for the purpose of providing care, or

(b) designated by the Lieutenant Governor in Council to be a community care facility;

"director of licensing" means the director of licensing designated under section 3 and includes, for the purposes of a delegation made under section 3 (2), the person to whom the delegation is made;

"employee" includes

(a) a volunteer,

(b) a person providing services under contract or other person ordinarily present at a community care facility but does not include a person in care, or

(c) a person providing services under a contract or other person ordinarily present at an assisted living residence but does not include a resident;

"health authority" means a body designated under section 4 of the Health Authorities Act;

"hospitality services" means meal services, housekeeping services, laundry services, social and recreational opportunities and a 24 hour emergency response system;

"licence" means a licence issued under section 11;

"licensee" means a person, including an aboriginal governing body however organized and established by aboriginal people within their traditional territory in British Columbia, that holds a licence;

"manager" means an individual whom the licensee has authorized to manage the operation of the community care facility;

"medical health officer" means a medical health officer designated under the Public Health Act;

"minister" includes a person designated in writing by the minister;

"municipality" includes

(a) a regional district, and

(b) a local trust committee as defined in the Islands Trust Act;

"person in care" means a person who resides in or attends a community care facility for the purpose of receiving care;

"premises" means a building or structure and includes outside areas adjacent to the building or structure ordinarily used in the course of providing services;

"prescribed services" means services prescribed under section 34 to be prescribed services;

"registrant" means an operator of an assisted living residence registered under section 25;

"registration" means a registration under section 25 (1);

"registrar" means the assisted living registrar designated under section 24 and includes, for the purposes of a delegation under section 24 (2), the person to whom the delegation is made;

"resident" means a person who resides at an assisted living residence;

"sibling group" means a group of 3 or more children

(a) who reside in the same household if they are in the care of a person who is, with respect to each child,

(i)  a parent of the child,

(ii)  a person with whom the child is placed under the Child, Family and Community Service Act,

(iii)  a person who has custody or guardianship of the child under an order of a court, or

(iv)  the spouse of a person referred to in subparagraph (i) or (iii) if that person resides in the household, or

(b) who are recognized by the director of licensing as a sibling group;

"youth" means a person who is neither a child nor an adult for the purposes of this Act.

Application

2  This Act does not apply to any of the following:

(a) a school under the School Act;

(b) a school under the Independent School Act;

(c) a francophone school as defined in the School Act;

(d) a hospital or portion of a hospital as defined in the Hospital Act;

(e) a home approved as a foster home under the Child, Family and Community Service Act;

(f) a correctional centre or youth custody centre;

(g) a school primarily providing, in the opinion of the director of licensing, educational training for children 6 years of age or older;

(h) a designated facility under the Mental Health Act;

(i) a home providing day care for a sibling group only;

(j) a community care facility that is exempted, or is within a class exempted, under section 34 (5) (d);

(k) an assisted living residence that is exempted, or is within a class exempted, under section 34 (5) (d).

Director of licensing

3  (1) The minister must designate a person who is employed under the Public Service Act to be the director of licensing.

(2) The director of licensing may delegate, in writing, any power or duty of the director of licensing under this Act to

(a) a person who, in the opinion of the director of licensing, possesses the experience and qualifications suitable to carry out the tasks as delegated, or

(b) a medical health officer.

(3) A delegation under subsection (2) may include any terms or conditions the director of licensing considers advisable.

Powers of director of licensing

4  (1) Subject to this Act and the regulations, the director of licensing may

(a) require a health authority to provide routine or special reports on

(i)  the operation of licensed community care facilities within the area for which the health authority has responsibility,

(ii)  the operation of the licensing program of the health authority, and

(iii)  the results of any investigations of community care facilities, or investigations of complaints, conducted for it within the area for which it has responsibility,

(b) inspect or make an order for the inspection of any books, records or premises in connection with the operation of a community care facility,

(c) require a health authority to conduct an audit of the operations of a community care facility,

(d) carry out or order the investigation of

(i)  a reportable incident, as prescribed in the regulations, at a community care facility, or

(ii)  a matter affecting the health or safety of a person in care,

(e) specify policies and standards of practice for all community care facilities or a class of community care facilities, and

(f) make other orders the director of licensing considers necessary for the proper operation of a community care facility or for the health and safety of persons in care, including an order that is contrary to the decision of a medical health officer.

(2) A health authority must ensure that its employees and appointees comply with an order made under subsection (1).

Operating or advertising without a licence

5  A person who does not hold a licence must not

(a) operate, or hold themselves out as operating, a community care facility,

(b) provide, or hold themselves out as providing, care in a community care facility, or

(c) accommodate, or hold themselves out as accommodating, a person who, in the opinion of a medical health officer, requires care in a community care facility.

Age of licensee or manager

6  A person must be an adult to be a licensee or to manage a community care facility.

Standards to be maintained

7  (1) A licensee must do all of the following:

(a) employ at a community care facility only persons of good character who meet the standards for employees specified in the regulations;

( b)  operate the community care facility in a manner that will promote

( i)  the health, safety and dignity of persons in care, and

( ii)  in the case of adult persons in care, the rights of those persons in care;

(c) display the licence in the prescribed manner;

( c.1)  display the rights of adult persons in care

( i)  in a prominent place in the community care facility, and

( ii)  in a form and in the manner acceptable to the minister;

( c.2)  make the rights of adult persons in care known, orally and in writing, to persons in care and their families and representatives;

(d) appoint a manager for the community care facility.

( 1.1)  For the purposes of subsection (1) (b), (c.1) and (c.2), the rights of adult persons in care are the rights set out in section 1 of the Schedule.

( 1.2)  The minister may make orders for the purposes of subsection (1) (c.1) (ii).

(2) For purposes of subsection (1) (d), a licensee who is not a corporation may also be a manager.

Certification of educators of children

8  (1) A certificate may be issued to a person in accordance with the regulations stating that the person has the qualifications required by the regulations for certification as an educator of children, or as an educator in the manner specified in the certificate respecting children, at a community care facility.

(2) A certificate issued under subsection (1) or under section 9 of the Community Care Facility Act, R.S.B.C. 1996, c. 60, may be suspended or cancelled, or terms and conditions may be attached to it, following a hearing established and conducted in accordance with the regulations.

Inspection of community care facilities

9  (1) A licensee must ensure that the community care facility for which their licence is issued is open at all times to visitation and inspection by the director of licensing or a medical health officer, who may

(a) examine any part of the facility,

(b) require the licensee to produce for inspection, or for the purpose of obtaining copies or extracts, the financial and other records of the community care facility that can reasonably be presumed to contain information relevant to the administration of this Act and the regulations,

(c) inquire into and inspect all matters concerning the community care facility, its operations, employees and persons in care, including any treatment or rehabilitation program carried out in the community care facility, and

(d) make a record of matters described in paragraph (c) and of the condition of the facility.

(2) If the director of licensing or a medical health officer has cause to believe that a premises is being used or is intended to be used as a community care facility and that premises is not licensed under this Act, the director of licensing or medical health officer may

(a) enter and inspect any part of the premises,

(b) require the owner or occupant to produce for inspection, or for the purpose of obtaining copies or extracts, the financial and other records respecting the premises that can reasonably be presumed to contain information relevant to the administration of this Act and the regulations,

(c) request full information from the owner or occupant respecting

(i)  the purpose for which the premises is being used,

(ii)  the operations, employees and persons in care at the premises, and

(iii)  the treatments or rehabilitation being given to persons at the premises, and

(d) make a record of matters described in paragraph (c) and of the condition of the premises.

(3) A copy made or an extract taken under this section, certified by the person carrying out the inspection as a true copy of or extract from the original, is admissible in evidence to the same extent as, and has the same evidentiary value as, the record of which it is a copy or from which it is an extract.

(4) The director of licensing or a medical health officer must not enter a private single family dwelling under subsection (2) (a) unless

(a) the occupier of the dwelling consents to the entry, or

(b) the entry is authorized by a warrant under subsection (5).

(5) A justice may issue a warrant authorizing the director of licensing or a medical health officer to enter a private single family dwelling under subsection (2) (a) if

(a) there is cause to believe that the dwelling is being used or is intended to be used as a community care facility and is not licensed under this Act,

(b) entry to the dwelling by the director of licensing or a medical health officer is necessary to ascertain whether the dwelling is being used or is intended to be used as a community care facility, and

(c) entry to the dwelling by the director of licensing or a medical health officer has been refused or there are reasonable grounds for believing that entry will be refused.

(6) The director of licensing or a medical health officer must not use force to execute a warrant issued under subsection (5) unless the use of force is specifically authorized in the warrant.

(7) In this section, "private single family dwelling" means a structure that is used primarily as a personal residence by the owner, occupier or an employee or agent of the owner or occupier.

Not operating

10  If a licensee does not operate a premises as a community care facility at any time during a 12 consecutive month period,

(a) the licence expires automatically on the last day of the 12th month, and

(b) the person in possession of the licence must immediately surrender that licence to a medical health officer.

Powers of medical health officer

11  (1) Subject to this Act and the regulations, a medical health officer may issue to an applicant a licence to operate a community care facility and specify in the licence the types of care that may be provided in the community care facility.

(2) A medical health officer must not issue a licence under subsection (1) unless the medical health officer is of the opinion that the applicant,

(a) if a person, other than a corporation,

(i)  is of good character,

(ii)  has the training, experience and other qualifications required under the regulations,

(iii)  has the personality, ability and temperament necessary to operate a community care facility in a manner that will maintain the spirit, dignity and individuality of the persons being cared for, and

(iv)  agrees to be readily available to respond to inquiries from the director of licensing or the medical health officer and to provide to them financial and other records of the community care facility that can reasonably be presumed to contain information relevant to the administration of this Act and the regulations, or

(b) if a corporation,

(i)  has a director permanently resident in British Columbia or a prescribed province who agrees to be available by telephone or other communication medium to respond to inquiries from the director of licensing or the medical health officer within 24 hours of a request and to provide to them financial and other records of the community care facility that can reasonably be presumed to contain information relevant to the administration of this Act and the regulations,

(ii)  has appointed as manager of the community care facility a person who meets the requirements under paragraph (a), and

(iii)  has delegated to that manager full authority to operate the community care facility in accordance with the requirements of this Act and the regulations.

(3) On issuing a licence under subsection (1), a medical health officer may attach the terms and conditions to the licence, subject to this Act and the regulations, that the medical health officer considers necessary or advisable for the health and safety of persons in care.

(4) In considering whether to attach terms and conditions under subsection (3), the medical health officer must have regard to the standards of practice specified by the director of licensing under section 4 (1) (e).

(5) A licence issued under subsection (1) is cancelled if its holder assigns or otherwise transfers it to another person.

Not in Force

12  [Not in force.]

Suspension or cancellation of licence

13  (1) A medical health officer may suspend or cancel a licence, attach terms or conditions to a licence or vary the existing terms and conditions of a licence if, in the opinion of the medical health officer, the licensee

(a) no longer complies with this Act or the regulations,

(b) has contravened a relevant enactment of British Columbia or of Canada, or

(c) has contravened a term or condition of the licence.

(2) If a medical health officer suspends or cancels a licence, the licensee, a corporation of which the licensee is an insider or an associate of the licensee are prohibited from applying for a new licence with respect to any premises that the licensee proposes to use as a community care facility for

(a) one year from the date of the decision to cancel the licence, or

(b) the period of the licence suspension.

(3) In this section:

"associate" has the same meaning as in section 192 (1) of the Business Corporations Act;

"insider" has the same meaning as in section 192 (1) of the Business Corporations Act.

Summary action

14  A medical health officer may suspend a licence, attach terms or conditions to the licence, or vary terms or conditions of that licence, without notice if the medical health officer has reasonable grounds to believe that there is an immediate risk to the health or safety of a person in care.

Duties of the medical health officer

15  (1) Within the area for which he or she is appointed, a medical health officer must

(a) investigate every application for a licence to operate a community care facility or any other matter relevant to the application,

(b) investigate every complaint that

(i)  an unlicensed community care facility is being operated, or

(ii)  a community care facility is being operated that does not fully comply with this Act, the regulations or the terms or conditions of its licence,

(c) carry out inspections of any community care facility that is being operated, and

(d) perform additional duties in the administration of this Act or the regulations that the Lieutenant Governor in Council, the minister or the director of licensing may order.

(2) A medical health officer may continue and complete an investigation of a licensee or a former licensee after

(a) the licence has expired or been cancelled or suspended, or

(b) the licensee has surrendered the licence.

Exemptions

16  (1) A medical health officer may grant an exemption from a requirement of this Act or the regulations to a licensee or an applicant for a licence who applies for the exemption, if satisfied that

(a) there will be no increased risk to the health and safety of persons in care, and

(b) the exemption meets prescribed requirements.

(2) A medical health officer may attach terms and conditions to the exemption and suspend, cancel or vary an exemption granted under subsection (1) in the same manner as under sections 13 and 14.

Reconsideration

17  (1) In this section:

"action", in relation to a licence, means

(a) a refusal to issue a licence under section 11 (1),

(b) an attachment, under section 11 (3), of terms or conditions,

(c) a suspension or cancellation, an attachment of terms or conditions, or a variation of terms or conditions under section 13 (1), or

(d) a suspension or cancellation of an exemption or an attachment or variation of terms or conditions under section 16 (2);

"summary action" means a suspension or cancellation of a licence, an attachment of terms or conditions to the licence, or a variation of those terms or conditions under section 14;

"written response" means a written response referred to in subsection (2) (b).

(2) Thirty days before taking an action or as soon as practicable after taking a summary action, a medical health officer must give the licensee or applicant for the licence

(a) written reasons for the action or summary action, and

(b) written notice that the licensee or applicant for the licence may give a written response to the medical health officer setting out reasons why the medical health officer should act under subsection (3) (a) or (b) respecting the action or summary action.

(3) If a medical health officer considers that this would be appropriate to give proper effect to section 11, 13, 14 or 16 in the circumstances, the medical health officer may, on receipt of a written response,

(a) delay or suspend the implementation of an action or a summary action until the medical health officer makes a decision under paragraph (b), or

(b) confirm, rescind, vary, or substitute for the action or summary action.

(4) A medical health officer must not act under subsection (3) (a) unless the medical health officer is satisfied that

(a) further time is needed to consider the written response,

(b) the written response sets out facts or arguments that, if confirmed, would establish reasonable grounds for the medical health officer to act under subsection (3) (b), and

(c) it is reasonable to conclude that

(i)  if the delay or suspension is granted, the health or safety of no person in care will be placed at risk, and

(ii)  the licensee or applicant for the licence will suffer a significant loss during the proposed delay or suspension, if the delay or suspension is not granted.

(5) A medical health officer must give written reasons to the licensee or applicant for the licence on acting or declining to act under subsection (3).

(6) A licensee or applicant for the licence may not give a medical health officer a further written response concerning an action or summary action on or after receipt of written reasons under subsection (5) concerning the action or summary action.

Certain advertisements or inducements prohibited

18  (1) In this section:

"licensee" includes an officer or director of the licensee and an agent, designate or employee of the licensee;

"personal representative" includes the following:

(a) an executor within the meaning of the Wills Act;

(b) a representative under the Representation Agreement Act;

(c) a trustee of an estate or part of an estate under administration;

(d) a decision maker or guardian under the Adult Guardianship Act.

(2) A licensee must not bring, or cause to be brought, advertise for or in any way encourage the entry into British Columbia of a person under 19 years of age to become a person in care without first obtaining the written approval of the director designated under the Child, Family and Community Service Act.

(3) A licensee must not do any of the following:

(a) persuade or induce, or attempt to persuade or induce, a person in care to

(i)  make or alter a will,

(ii)  make a gift,

(iii)  provide a benefit for the licensee, the licensee's spouse, relative or friend, or

(iv)  conduct the financial affairs of the person in care for the benefit of the licensee, the licensee's spouse, relative or friend;

(b) require that a person seeking admission to a community care facility, as a condition of admission, make any payment or donation other than as specified in a written contract;

(c) act under the authority of a power of attorney granted to the licensee by a person in care or formerly in care;

(d) act as a personal representative or committee of the estate of a person in care or formerly in care, unless the licensee is a child, parent or spouse of the person in care or formerly in care;

(e) act as a representative under an agreement made under the Representation Agreement Act by a person in care or formerly in care.

(4) A provision of a will, an alteration of a will, a gift, a provision of a benefit or another measure described in subsection (3) (a) (i) to (iv) is void if

(a) it confers a benefit on the licensee or the licensee's spouse, relative or friend, and

(b) the Public Guardian and Trustee has not given written consent to it.

( 5)  If a licensee acts as an attorney contrary to subsection (3) (c) or a representative contrary to subsection (3) (e), the power of attorney or representation agreement, and any disposition made under the power of attorney or representation agreement, is void unless

( a)  the licensee is a child, parent or spouse of the person in care or formerly in care, or

( b)  the Public Guardian and Trustee consents in writing to the power of attorney, the representation agreement or the disposition.

( 6)  For the purposes of subsection (4) (a), a benefit conferred by a will, an alteration of a will, a gift, a provision of a benefit or another measure described in subsection (3) (a) (i) to (iv), is deemed to be conferred at the time the will, alteration, gift or provision is made or the other measure is taken.

Repayment agreements

19  If a person prepays part of the cost of services provided by a class of community care facilities designated by the Lieutenant Governor in Council, the licensee must, at the time of the prepayment, deliver to the person a written statement setting out the terms and conditions on which a refund of all or any of the prepayment will be made.

Certain laws not to apply

20  (1) This section applies to a community care facility

(a) for which a licence has been issued,

(b) that is being, or is to be, used

(i)  as a day care for no more than 8 persons in care, or

(ii)  as a residence for no more than 10 persons, not more than 6 of whom are persons in care,

(c) from which, in the event of a fire, persons in care can safely exit unaided or be removed by its staff, and

(d) that complies with all enactments of British Columbia and the municipality where the community care facility is located that relate to fire and health respecting a single family dwelling house.

(2) A provision in an enactment of British Columbia, other than this Act, or of a municipality, does not apply to a community care facility described in subsection (1) if that provision would

(a) limit the number of persons in care who may be accepted or accommodated at the community care facility,

(b) limit the types of care that may be provided to persons in care at the community care facility, or

(c) apply to the community care facility only because

(i)  it is not being used as a single family dwelling house, or

(ii)  it operates as a community care facility, a charitable enterprise or a commercial venture.

Arbitration in case of conflicting regulations

21  (1) If a municipality refuses an application for a variation of, or for an exemption from, an enactment of the municipality relating to fire and health respecting a single family dwelling house, the applicant for a licence to use as a community care facility a premises that does not comply with the enactment may notify the minister and the municipality in writing that the applicant requires the matter to be determined by arbitration.

(2) On receiving the notification under subsection (1), the minister must appoint an arbitrator.

(3) An arbitrator appointed under subsection (2), after considering the public interest, may

(a) dismiss the application, or

(b) order that the applicant be exempted from the enactment.

(4) An order made under subsection (3) is final and binding on the applicant and the municipality, and if the premises is exempted under subsection (3) (b), subsequent owners of the premises continue, subject to compliance with this Act, to be exempted from the enactment so long as the premises is operated by a licensee as a community care facility.

(5) Except as otherwise provided in this section, the Commercial Arbitration Act applies to an arbitration under this Act, but the applicant for a licence must pay the fees and expenses described in section 26 (1) of the Commercial Arbitration Act.

Protection for persons who report

22  (1) No action or other proceeding may be brought against a person for reporting abuse under this Part if the report is made in good faith.

(2) A licensee must not take action against its employee or agent because that person made a report under subsection (1).

(3) A licensee or other person must not alter, interrupt or discontinue, or threaten to alter, interrupt or discontinue, service to a person in care as a result of a report or a suggested or stated intention to make the report under subsection (1).

Appointment of administrator

23  (1) The minister may appoint an administrator to operate a community care facility for a period specified by the minister if the minister has reasonable grounds to believe that there is a risk to the health or safety of a person in care.

(2) The minister must serve the licensee or operator with notice of the appointment of an administrator.

(3) The administrator may exercise all powers necessary to continue the operation of the community care facility and, without limitation, may

(a) hire staff and pay their remuneration,

(b) order the persons in care to pay any fees or charges directly to the administrator, and

(c) notify the minister responsible for the administration of the Financial Administration Act of the appointment.

(4) If the minister responsible for the administration of the Financial Administration Act is notified of an administrator's appointment, all payments by the government for services provided to persons cared for at that community care facility must be made directly to the administrator.

(5) The administrator must provide to the minister an accounting of the operation of the community care facility at the end of the period of the appointment, and any excess of revenue over expenditure must, after deduction of the administrator's fees, be paid to the licensee or operator.

(6) The minister must determine the fees to be paid to the administrator, but, if there is insufficient money to pay those fees under subsection (5), the minister must pay the difference.

(7) If the minister must pay the difference under subsection (6), the amount of the difference is a debt owed by the licensee or operator to the government and the debt is payable on demand.

Assisted living registrar

24  (1) The minister must designate a person to be the assisted living registrar.

(2) The registrar may delegate, in writing, any power or duty of the registrar under this Act to a person who, in the opinion of the registrar, possesses the experience and qualifications suitable to carry out the tasks as delegated.

(3) A delegation under subsection (2) may include any terms or conditions the registrar considers advisable.

Powers of registrar

25  (1) Subject to this Act and the regulations, the registrar may register an assisted living residence if the registrar is satisfied that the housing, hospitality services and prescribed services will be provided to residents in a manner that will not jeopardize their health or safety.

(2) If the registrar has reason to believe that an unregistered assisted living residence is being operated or that the health or safety of a resident is at risk, the registrar may

(a) enter and inspect any premises relating to the operation of the assisted living residence,

(b) inspect and make a copy of or extract from any book or record at a premises described in paragraph (a), or

(c) make a record of anything observed during an inspection under paragraph (a) or (b).

(3) Section 9 (3) to (7) applies to

(a) the registrar as though the registrar was the director of licensing,

(b) an assisted living residence as though it was a community care facility,

(c) a registration as though it was a licence, and

(d) an entry under subsection (2) (a) as though it was an entry under section 9 (2) (a).

(4) For the purposes of section 9 (7), the personal residence of a resident is a private single family dwelling.

Operating an assisted living residence

26  (1) A person must not operate an assisted living residence that is not registered under section 25 (1).

(2) A person may apply for registration of an assisted living residence in a form satisfactory to the registrar.

(3) A registrant must not house in an assisted living residence persons who are unable to make decisions on their own behalf.

(4) Subsection (3) does not apply to an involuntary patient on leave under section 37 of the Mental Health Act.

(5) A registrant must ensure that the assisted living residence is operated in a manner that does not jeopardize the health or safety of its residents.

(6) Subsection (3) does not apply to a person if the spouse of the person

(a) will be housed in the assisted living residence with the person, and

(b) is able to make decisions on behalf of that person.

Suspension or cancellation of registration

27  The registrar may suspend or cancel a registration, attach conditions to a registration or vary the conditions of a registration if, in the opinion of the registrar, the registrant

(a) no longer complies with this Act or the regulations,

(b) has contravened a relevant enactment of British Columbia or of Canada, or

(c) has contravened a condition of the registration.

Reconsideration

28  (1) In this section:

"action", in relation to a registration, means

(a) a refusal of a registration under section 25, or

(b) a suspension or cancellation, an imposition of conditions or a variation of conditions under section 27;

"written response" means a written response referred to in subsection (2) (b).

(2) Thirty days before taking an action the registrar must give the registrant or applicant for registration

(a) written reasons for the action, and

(b) written notice that the registrant or applicant for registration may give a written response to the registrar setting out reasons why the registrar should act under subsection (3) (a) or (b) respecting the action.

(3) If the registrar considers that this would be appropriate to give proper effect to section 25 or 27 in the circumstances, the registrar may, on receipt of a written response,

(a) delay or suspend the implementation of an action until the registrar makes a decision under paragraph (b), or

(b) confirm, rescind, vary or substitute for the action.

(4) The registrar must not act under subsection (3) (a) unless the registrar is satisfied that

(a) further time is needed to consider the written response,

(b) the written response sets out facts or arguments that, if confirmed, would establish reasonable grounds for the registrar to act under subsection (3) (b), and

(c) it is reasonable to conclude that

(i)  if the delay or suspension is granted, the health or safety of no resident will be placed at risk, and

(ii)  the registrant or applicant for registration will suffer a significant loss during the proposed delay or suspension, if the delay or suspension is not granted.

(5) The registrar must give written reasons to the registrant or applicant for registration on acting or declining to act under subsection (3).

(6) A registrant or applicant for registration may not give the registrar a further written response concerning an action on or after receipt of written reasons under subsection (5) concerning the action.

Appeals to the board

29  (1) The Community Care and Assisted Living Appeal Board is continued consisting of individuals appointed after a merit based process as follows:

(a) a member appointed and designated by the Lieutenant Governor in Council as the chair;

(b) other members appointed by the Lieutenant Governor in Council after consultation with the chair.

(1.1) The Lieutenant Governor in Council may designate one of the members as vice chair after consultation with the chair.

(1.2) Sections 1 to 20, 22, 24 to 42, 44, 46.2, 47 (1) (c) and (2), 48 to 55, 57, 58, 60 and 61 of the Administrative Tribunals Act apply to the board.

(2) A licensee, an applicant for a licence, a holder of a certificate under section 8, an applicant for a certificate under section 8, a registrant or an applicant for registration may appeal to the board in the prescribed manner within 30 days of receiving notification that

(a) the minister has appointed an administrator under section 23,

(b) a medical health officer has acted or declined to act under section 17 (3) (b),

(c) the registrar has acted or declined to act under section 28 (3) (b), or

(d) a person has refused to issue a certificate, suspended or cancelled a certificate or attached terms or conditions to a certificate under section 8.

(3) Within 30 days after a decision is made under section 16 to grant an exemption from this Act and the regulations, the decision may be appealed to the board under this section by

(a) a person in care or the agent or personal representative of a person in care, or

(b) a spouse, relative or friend of a person in care.

(4) A fee paid by an applicant to initiate an appeal under subsection (2) or (3) must be remitted to the applicant if the board grants the appeal.

(5) The person whose action described in subsection (2) is being appealed is a party to the appeal proceedings.

(6) The board may not stay or suspend a decision unless it is satisfied, on summary application, that a stay or suspension would not risk the health or safety of a person in care.

(7) to (10) [Repealed 2004-45-79.]

(11) The board must receive evidence and argument as if a proceeding before the board were a decision of first instance but the applicant bears the burden of proving that the decision under appeal was not justified.

(12) The board may confirm, reverse or vary a decision under appeal, or may send the matter back for reconsideration, with or without directions, to the person whose decision is under appeal.

(13) [Repealed 2003-47-17.]

(14) and (15) [Repealed 2004-45-79.]

Repealed

30–31  [Repealed 2004-45-80.]

Exclusive jurisdiction of board

31.1  (1) The board has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in an appeal under section 29 and to make any order permitted to be made.

(2) A decision or order of the board on a matter in respect of which the board has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.

Immunity

32  (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the director of licensing, the registrar, a medical health officer or a member of the board or a person acting on behalf or under the direction of any of them because of anything done or omitted

(a) in the performance or intended performance of any duty under this Act, or

(b) in the exercise or intended exercise of any power under this Act.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

(3) Subsection (1) does not absolve the government, a health authority or an employer from vicarious liability arising out of anything done or omitted by a person referred to in that subsection for which the government, health authority or employer would be vicariously liable if this section were not in force.

(4) A member of the board is not, in a civil action to which the member is not a party, required to testify or produce evidence about records or information obtained in the discharge of duties under this Act.

Offence and penalty

33  (1) A person who contravenes section 5, 6, 18 (2) or (3) or 26 (1) of this Act or a term or condition attached to a licence commits an offence.

(2) A person who commits an offence under subsection (1) is liable to a fine of up to $10 000.

(3) If an offence under subsection (1) is of a continuing nature, each day that the offence continues constitutes a separate offence.

Power to make regulations

34  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting community care facilities as follows:

(a) prescribing how an application for a licence to operate a community care facility must be made to a medical health officer, and the form and content of the application;

(b) prescribing programs for the purposes of paragraph (a) of the definition of "care" in section 1;

(c) prescribing residential programs for the purposes of paragraph (b) of the definition of "care" in section 1;

(d) prescribing the minimum requirements that the applicant and the community care facility must meet before a medical health officer can issue the licence for which an application is made;

(e) prescribing standards of construction for, and the facilities, equipment and furnishings that must be contained in, community care facilities;

(f) prescribing the duties and responsibilities of a licensee and the licensee's employees and managers;

(g) prescribing the training, experience and other qualifications required for licensees and their employees and managers;

(h) prescribing for the purposes of section 8, who may issue certificates, who may suspend, cancel or add terms and conditions to a certificate and what practices and procedures must be followed for these purposes;

(h.1) for the purposes of section 8, setting out the qualifications for certification;

(i) prescribing the records required to be kept by a licensee and the reports to be submitted to the medical health officer or the director of licensing;

(j) prescribing the services and programs that licensees must or may provide for persons in care and the standards that must be met in the delivery and administration of those programs and services;

(k) prescribing the extent of physical, mental or emotional disabilities of persons that a licensee may accept, accommodate or care for in a community care facility;

(l) prescribing the minimum and maximum age, and the maximum number, of persons who may be accepted, accommodated or cared for in different classes of community care facilities;

(m) prescribing the maximum number of hours that a person may be accepted, accommodated or cared for in different classes of community care facilities;

(n) limiting the conditions of admission that a licensee may require of a person seeking admission to a community care facility and the restrictions that a licensee may impose on a person in care;

(o) prescribing what is a reportable incident under section 4 (1) and the manner in which an incident report must be made;

(p) prescribing the circumstances in which an exemption from a requirement of this Act or the regulations may be granted under section 16;

(q) prescribing the length of time for which a licence or class of licences may be valid;

(r) prescribing the manner in which a licensee must display a licence;

(s) prescribing the reports that must be made by a health authority to the director of licensing;

(t) prescribing the collection, use or disclosure of non-personal information by the director of licensing or a health authority;

(u) prescribing the powers, duties and responsibilities of an administrator appointed under section 23;

(v) prescribing the fees that must be paid to the government or a person designated by the minister for

(i)  an application for a licence,

(ii)  a licence,

(iii)  an application for a certificate under section 8, or

(iv)  a certificate under section 8;

(w) prescribing a province for the purposes of section 11 (2) (b) (i);

( x)  defining a word or expression used but not defined in this Act. 

(3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting assisted living residences as follows:

(a) prescribing how an application for registration of an assisted living residence must be made to the registrar, and the form and content of the application;

(b) prescribing the fees that must be paid to the government or a person designated by the minister for

(i)  an application for a registration, or

(ii)  a registration;

(c) prescribing the length of time for which a registration or class of registrations may be valid;

(d) prescribing the manner in which a registrant must display a registration or the registrar's telephone number;

(e) prescribing the health and safety standards that must be met in the delivery of services at an assisted living residence.

(4) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting either or both community care facilities or assisted living residences as follows:

(a) prescribing services;

(b) establishing the procedures that must be followed before a licence or registration is suspended or cancelled;

(c) prescribing the practices and procedures, including the fees for filing an appeal, respecting the board under section 29 or a panel of the board.

(5) In making regulations under this section, the Lieutenant Governor in Council may

(a) establish one or more classes of licences or registrations,

(b) establish one or more classes of community care facilities or assisted living residences,

(c) make different provisions for one or more classes of community care facilities, licences, assisted living residences or registrations, and

(d) exempt a community care facility, a class of community care facilities, an assisted living residence or a class of assisted living residences for the purposes of section 2.

(6) In making regulations under subsection (2) (h.1), the Lieutenant Governor in Council may do one or more of the following in relation to the person who issues certificates for the purposes of section 8:

(a) delegate a matter;

(b) confer a discretion;

(c) set out considerations that the person may take into account when a matter is delegated under paragraph (a) or a discretion is conferred under paragraph (b).

( 7)  In making a designation for the purposes of paragraph (b) of the definition of "community care facility", the Lieutenant Governor in Council may do the following:

( a)  designate a class of premises;

( b)  provide that a designated premises or class of premises is subject only to one or more provisions of this Act and the regulations;

( c)  modify one or more provisions of the regulations as the Lieutenant Governor in Council considers advisable.

Commencement

58  This Act comes into force by regulation of the Lieutenant Governor in Council.

Rights of adult persons in care

1  The rights of an adult person in care are as set out in clauses 1 to 5 of this section.

Commitment to care

1.  An adult person in care has the right to a care plan developed

( a)  specifically for him or her, and

( b)  on the basis of his or her unique abilities, physical, social and emotional needs, and cultural and spiritual preferences.

Rights to health, safety and dignity

2.  An adult person in care has the right to the protection and promotion of his or her health, safety and dignity, including a right to all of the following:

( a)  to be treated in a manner, and to live in an environment, that promotes his or her health, safety and dignity;

( b)  to be protected from abuse and neglect;

( c)  to have his or her lifestyle and choices respected and supported, and to pursue social, cultural, religious, spiritual and other interests;

( d)  to have his or her personal privacy respected, including in relation to his or her records, bedroom, belongings and storage spaces;

( e)  to receive visitors and to communicate with visitors in private;

( f)  to keep and display personal possessions, pictures and furnishings in his or her bedroom.

Rights to participation and freedom of expression

3.  An adult person in care has the right to participate in his or her own care and to freely express his or her views, including a right to all of the following:

( a)  to participate in the development and implementation of his or her care plan;

( b)  to establish and participate in a resident or family council to represent the interests of persons in care;

( c)  to have his or her family or representative participate on a resident or family council on their own behalf;

( d)  to have access to a fair and effective process to express concerns, make complaints or resolve disputes within the facility;

( e)  to be informed as to how to make a complaint to an authority outside the facility;

( f)  to have his or her family or representative exercise the rights under this clause on his or her behalf.

Rights to transparency and accountability

4.  An adult person in care has the right to transparency and accountability, including a right to all of the following:

( a)  to have ready access to copies of all laws, rules and policies affecting a service provided to him or her;

( b)  to have ready access to a copy of the most recent routine inspection record made under the Act;

( c)  to be informed in advance of all charges, fees and other amounts that he or she must pay for accommodation and services received through the facility;

( d)  if any part of the cost of accommodation or services is prepaid, to receive at the time of prepayment a written statement setting out the terms and conditions under which a refund may be made;

( e)  to have his or her family or representative informed of the matters described in this clause.

Scope of rights

5.  The rights set out in clauses 2, 3 and 4 are subject to

( a)  what is reasonably practical given the physical, mental and emotional circumstances of the person in care,

( b)  the need to protect and promote the health or safety of the person in care or another person in care, and

( c)  the rights of other persons in care.

Complaints that rights have been violated

2  ( 1)  In addition to any complaint that may be made under this Act, if a person in care believes that his or her rights have been violated, the person in care or a person acting on his or her behalf may submit a complaint under the Patient Care Quality Review Board Act.

( 2)  A complaint submitted under subsection (1) is a care quality complaint for the purposes of the Patient Care Quality Review Board Act.

Protection for persons in care

3  A licensee must not evict, discharge, intimidate, coerce, impose any pecuniary or other penalty on, suspend a service to, deny a right or benefit to or otherwise discriminate against a person in care because of a complaint made in relation to the person in care under this Act or the Patient Care Quality Review Board Act.

No right to sue

4  No right of action lies, and no right of compensation exists, by reason only of a violation of a right set out in this Schedule.