The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 25th day of April, 2016
Craig James, Clerk of the House
HONOURABLE TERRY LAKE
MINISTER OF HEALTH
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is amended
(a) in the definition of "assisted living residence" by repealing paragraph (a) and substituting the following:
(a) in which housing, hospitality services and assisted living services are provided by or through the operator to 3 or more adults who
(i) are not related by blood or marriage to the operator of the premises, and
(ii) do not require, on a regular basis, unscheduled professional health services, or ,
(b) by adding the following definition:
"assisted living services" means one or more of the following:
(a) assistance with the activities of daily living, including eating, moving about, dressing and grooming, bathing and other forms of personal hygiene;
(b) assistance with managing medication;
(c) assistance with the safekeeping of money and other personal property;
(d) assistance with managing therapeutic diets;
(e) assistance with behaviour management;
(f) psychosocial supports;
(g) other types of prescribed assistance or support; ,
(c) in the definition of "care" by repealing paragraph (c) (ii) and substituting the following:
(ii) dependent on caregivers for continuing assistance or direction; ,
(d) by repealing the definition of "prescribed services",
(e) by adding the following definition:
"professional health services" means health services provided
(a) by a person who is registered as a member of a college of a health profession designated under the Health Professions Act, or
(b) by a social worker who is a registrant as defined in the Social Workers Act; ,
(f) by repealing the definition of "resident" and substituting the following:
"resident" means a person who
(a) receives housing, hospitality services and assisted living services at an assisted living residence described in paragraph (a) of the definition of "assisted living residence" and, if the person resides together with his or her spouse at the residence, includes the person's spouse, or
(b) receives housing and other services at an assisted living residence described in paragraph (b) of the definition of "assisted living residence" and, if the person resides together with his or her spouse at the residence, includes the person's spouse; , and
(g) by adding the following definition:
"spouse" means a person who
(a) is married to another person, or
(b) has lived with another person in a marriage-like relationship for a continuous period of at least 2 years; .
2 Section 4 (1) (d) (i) is repealed and the following substituted:
(i) a prescribed reportable incident at a licensed community care facility, or .
3 Section 9 is repealed and the following substituted:
9 (1) The director of licensing or a medical health officer may exercise the powers under subsection (2)
(a) to determine if a licensee is complying with this Act, the regulations or the terms and conditions of the licence,
(b) to investigate a prescribed reportable incident at a licensed community care facility, or
(c) to determine if there is a risk to the health, safety or dignity of a person in care at a licensed community care facility.
(2) For the purposes under subsection (1), the director of licensing or a medical health officer may do the following during the hours of operation of a licensed community care facility:
(a) enter and inspect any part of the community care facility;
(b) require the licensee to produce for inspection or for the purpose of obtaining copies or extracts the financial and other records that can reasonably be presumed to contain information relevant to the purpose for entering the community care facility;
(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;
(d) make a record of matters described in paragraph (c) and of the condition of the community care facility.
9.1 (1) In this section, "unlicensed premises" means a premises that is not licensed and is being used or is intended to be used as a community care facility.
(2) Subject to subsection (3), if there are reasonable grounds to believe that a premises is an unlicensed premises or that there is a risk to the health or safety of a person residing at or attending unlicensed premises, the director of licensing or a medical health officer may exercise the following powers:
(a) enter and inspect any part of the unlicensed premises;
(b) require the owner of the unlicensed premises or occupant having control of the unlicensed premises to produce for inspection or for the purpose of obtaining copies or extracts the financial and other records that can reasonably be presumed to contain information relevant to the purpose for entering the premises;
(c) request from the owner of the unlicensed premises, the occupant having control of the unlicensed premises or the staff of either full information respecting
(i) the purpose for which the premises is being used or is intended to be used,
(ii) the operations and staff at the premises and the persons residing at or attending the premises,
(iii) the treatments or rehabilitation being given to persons residing at or attending the premises, and
(iv) the health and safety of persons residing at or attending the premises;
(d) make a record of matters described in paragraph (c) and of the condition of the unlicensed premises.
(3) The director of licensing or a medical health officer must not exercise the powers under subsection (2) unless
(a) the owner of the unlicensed premises or occupant having control of the unlicensed premises consents, or
(b) the exercise of the powers is authorized by a warrant issued under subsection (4).
(4) A justice may issue a warrant authorizing the director of licensing or a medical health officer to exercise the powers under subsection (2) if satisfied by evidence given under oath that
(a) there are reasonable grounds to believe that a premises is an unlicensed premises or that there is a risk to the health or safety of a person residing at or attending the unlicensed premises, and
(b) the owner of the unlicensed premises or occupant having control of the unlicensed premises has refused to allow the director of licensing or medical health officer to exercise the powers or there are reasonable grounds to believe that the owner or occupant having control will refuse to allow the director of licensing or medical health officer to exercise the powers.
(5) The director of licensing or a medical health officer must not use force to execute a warrant issued under subsection (4) unless the use of force is specifically authorized by the warrant.
(6) Despite subsection (3), the director of licensing or a medical health officer may exercise the powers under subsection (2) if there are reasonable grounds to believe that there is an immediate risk to the health or safety of a person residing at or attending the unlicensed premises.
9.2 A copy or an extract obtained under section 9 or 9.1, certified as a true copy of or extract from the original by the director of licensing or a medical health officer, as applicable, 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 Section 11 (3) is repealed and the following substituted:
(3) On issuing a licence under subsection (1), a medical health officer may attach to the licence the terms and conditions that the medical health officer considers necessary or advisable to protect or promote the health and safety of persons in care.
5 Section 15 is amended
(a) by repealing subsection (1) (b) (ii) and substituting the following:
(ii) a licensed community care facility is being operated that does not comply with this Act, the regulations or the terms or conditions of its licence, , and
(b) by adding the following subsection:
(3) If a medical health officer receives a complaint in respect of a community care facility within the area for which he or she is appointed, but the complaint does not raise a matter described in subsection (1) (b), the medical health officer may
(a) refer the complaint, including all information submitted with the complaint, to the person responsible for the appropriate program of the health authority having responsibility for the area in which the facility is located or to another appropriate agency, and
(b) notify the complainant that the complaint has been referred and to whom.
6 The following section is added:
16.1 A person must not interfere with, hinder or obstruct the director of licensing or a medical health officer when the director of licensing or medical health officer is exercising a power or performing a duty under this Act.
7 Section 17 is amended
(a) in subsection (1) by repealing the definition of "summary action" and substituting the following:
"summary action" means a suspension of a licence, an attachment of terms or conditions to the licence, or a variation of those terms or conditions under section 14; , and
(b) in subsection (3) by striking out everything before paragraph (a) and substituting "On receipt of a written response, the medical health officer may, to give proper effect to section 11, 13, 14 or 16 in the circumstances,".
8 Section 22 is repealed and the following substituted:
22 (1) In this section, "report of abuse" means a report made in good faith that a licensee or an employee or agent of a licensee has committed abuse against a person in care.
(2) No action or other proceeding may be brought against a person for making a report of abuse.
(3) A licensee must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee or agent of the licensee, or deny the employee or agent a benefit, for making a report of abuse.
(4) A licensee or other person must not interrupt, discontinue or otherwise adversely affect, or threaten to interrupt, discontinue or otherwise adversely affect, service to a person in care as a result of
(a) a report of abuse, or
(b) a suggested or stated intention to make a report of abuse.
9 Section 25 is repealed and the following substituted:
25 (1) Subject to this Act and the regulations, the registrar may, on application, register an assisted living residence.
(2) The registrar must not register an assisted living residence unless
(a) the applicant applies in a manner that is satisfactory to the registrar,
(b) the registrar is of the opinion that the housing, hospitality services and assisted living services to be provided to residents will be provided in a manner that will not jeopardize their health or safety, and
(c) the registrar is of the opinion that the applicant has the training, experience and other qualifications required under the regulations.
(3) On registering an assisted living residence, the registrar may attach to the registration the conditions that the registrar considers necessary or advisable to protect the health and safety of residents.
25.1 (1) The registrar may exercise the powers under subsection (2)
(a) to determine if a registrant is complying with this Act, the regulations or the conditions of the registration,
(b) to investigate a prescribed reportable incident at a registered assisted living residence, or
(c) to determine if there is a risk to the health or safety of a resident at a registered assisted living residence.
(2) Subject to subsection (3), the registrar may, for the purposes under subsection (1), do the following during the hours of operation of a registered assisted living residence:
(a) enter and inspect any part of the assisted living residence;
(b) require the registrant to produce for inspection or for the purpose of obtaining copies or extracts the financial and other records that can reasonably be presumed to contain information relevant to the purpose for entering the assisted living residence;
(c) inquire into and inspect all matters concerning the assisted living residence, its operations, employees and residents, including hospitality services and assisted living services provided at the residence;
(d) make a record of matters described in paragraph (c) and of the condition of the assisted living residence.
(3) The registrar must not enter and inspect the personal residence of a resident when exercising the powers under subsection (2) unless
(a) the resident consents, or
(b) the entry and inspection are authorized by a warrant issued under subsection (4).
(4) A justice may issue a warrant authorizing the registrar to enter and inspect the personal residence of a resident if satisfied by evidence given under oath that
(a) there are reasonable grounds to believe that it is necessary to enter and inspect the personal residence for a purpose under subsection (1), and
(b) the resident has refused to allow the registrar to enter and inspect the personal residence or there are reasonable grounds to believe that the resident will refuse entry and inspection.
(5) The registrar must not use force to execute a warrant issued under subsection (4) unless the use of force is specifically authorized by the warrant.
(6) Despite subsection (3), the registrar may enter and inspect the personal residence of a resident if there are reasonable grounds to believe that there is an immediate risk to the health or safety of the resident.
25.2 (1) In this section:
"dwelling unit" means the part of unregistered premises that is the personal residence of a resident;
"non-dwelling area" means the part of unregistered premises that does not include dwelling units;
"resident" means a person who resides at unregistered premises;
"unregistered premises" means a premises that is not registered and is being used or is intended to be used as an assisted living residence described in paragraph (a) of the definition of "assisted living residence".
(2) Subject to subsections (3) and (4), if there are reasonable grounds to believe that a premises is an unregistered premises or that there is a risk to the health or safety of a resident, the registrar may exercise the following powers:
(a) enter and inspect any part of the unregistered premises;
(b) require the owner of the non-dwelling area or occupant having control of the non-dwelling area to produce for inspection or for the purpose of obtaining copies or extracts the financial and other records that can reasonably be presumed to contain information relevant to the purpose for entering the unregistered premises;
(c) request from the owner of the non-dwelling area, the occupant having control of the non-dwelling area or the staff of either full information respecting
(i) the purpose for which the unregistered premises is being used or is intended to be used,
(ii) the operations, residents and staff at the premises,
(iii) the services being provided to residents at the premises, and
(iv) the health and safety of residents;
(d) make a record of matters described in paragraph (c) and of the condition of the unregistered premises.
(3) The registrar must not enter and inspect a non-dwelling area of unregistered premises and must not exercise the powers under subsection (2) (b), (c) and (d) in respect of those unregistered premises unless
(a) the owner of the non-dwelling area or occupant having control of the non-dwelling area consents, or
(b) the entry, inspection and exercise of those powers are authorized by a warrant issued under subsection (5).
(4) The registrar must not enter and inspect a dwelling unit unless
(a) the resident of the dwelling unit consents, or
(b) the entry and inspection are authorized by a warrant issued under subsection (5).
(5) A justice may issue a warrant authorizing the registrar to enter and inspect unregistered premises, including a dwelling unit, and exercise the powers under subsection (2) (b), (c) and (d) if satisfied by evidence given under oath that
(a) there are reasonable grounds to believe that a premises is an unregistered premises or that there is a risk to the health or safety of a resident, and
(b) the appropriate consent referred to in subsection (3) (a) or (4) (a) has been refused or there are reasonable grounds to believe that the consent will be refused.
(6) The registrar must not use force to execute a warrant issued under subsection (5) unless the use of force is specifically authorized by the warrant.
(7) Despite subsections (3) and (4), the registrar may exercise the powers under subsection (2) if there are reasonable grounds to believe that there is an immediate risk to the health or safety of a resident.
25.3 A copy or an extract obtained under section 25.1 or 25.2, certified as a true copy of or extract from the original by the registrar, 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.
10 Section 26 (2), (3), (4) and (6) is repealed.
11 The following sections are added:
26.1 (1) A registrant of an assisted living residence must not allow a person to reside in the residence if the person
(a) is unable to make, on their own behalf, decisions that are necessary to live safely,
(b) cannot recognize an emergency, take steps to protect themselves in an emergency or follow directions in an emergency,
(c) behaves in a manner that jeopardizes the health or safety of others, or
(d) requires, on a regular basis, unscheduled professional health services.
(2) Subsection (1) (a) does not apply to a person in the following situations:
(a) the spouse of the person
(i) resides together with the person in the assisted living residence, and
(ii) is able to make the decisions referred to in subsection (1) (a) on behalf of that person;
(b) the spouse referred to in paragraph (a) of this subsection is temporarily absent from the assisted living residence and another adult
(i) resides together with the person in the assisted living residence during the absence of the spouse, and
(ii) is able to make the decisions referred to in subsection (1) (a) on behalf of that person.
26.2 A person must not interfere with, hinder or obstruct the registrar when the registrar is exercising a power or performing a duty under this Act.
27.1 The registrar may suspend the registration of an assisted living residence, attach conditions to the registration, or vary conditions of that registration, without notice, if the registrar has reasonable grounds to believe that there is an immediate risk to the health or safety of a resident.
12 Section 28 is amended
(a) in subsection (1) in the definition of "action" by striking out "or" at the end of paragraph (a) and by adding the following paragraph:
(a.1) an attachment of conditions under section 25 (3), or ,
(b) in subsection (1) by adding the following definition:
"summary action" means a suspension of a registration, an attachment of conditions to the registration, or a variation of those conditions under section 27.1; , and
(c) by repealing subsections (2), (3) and (6) and substituting the following:
(2) Thirty days before taking an action or as soon as practicable after taking a summary action, the registrar must give the registrant or applicant for registration
(a) written reasons for the action or summary 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 or summary action.
(3) On receipt of a written response, the registrar may, to give proper effect to section 25, 27 or 27.1 in the circumstances,
(a) delay or suspend the implementation of an action or a summary action until the registrar makes a decision under paragraph (b), or
(b) confirm, rescind, vary or substitute for the action or summary action.
(6) A registrant or applicant for registration may not give the registrar 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.
13 The following sections are added to Part 3:
28.1 (1) In this section:
"personal representative" includes the following:
(a) an executor within the meaning of the Wills, Estates and Succession Act;
(b) a representative under the Representation Agreement Act;
(c) a trustee of an estate or part of an estate under administration;
(d) an attorney acting under a power of attorney;
(e) a committee under the Patients Property Act;
"registrant" includes an officer or director of the registrant and an agent, designate or employee of the registrant.
(2) A registrant must not do any of the following:
(a) persuade or induce, or attempt to persuade or induce, a resident to
(i) make or alter a will,
(ii) make a gift,
(iii) provide a benefit for the registrant, the registrant's spouse, relative or friend, or
(iv) conduct the financial affairs of the resident for the benefit of the registrant, the registrant's spouse, relative or friend;
(b) require that a person who applies to reside in an assisted living residence, as a condition of becoming a resident, make any payment or donation other than as specified in a written contract;
(c) act under the authority of a power of attorney or enduring power of attorney under the Power of Attorney Act, granted to the registrant by a resident;
(d) act as a personal representative of the estate of a resident or former resident, unless the registrant is a child, parent or spouse of the resident or former resident;
(e) act as a representative under an agreement made under the Representation Agreement Act by a resident or former resident.
(3) A provision of a will, an alteration of a will, a gift, a provision of a benefit or another measure described in subsection (2) (a) (i) to (iv) is void if
(a) it confers a benefit on the registrant or the registrant's spouse, relative or friend, and
(b) the Public Guardian and Trustee has not given written consent to it.
(4) A power of attorney or enduring power of attorney as described in subsection (2) (c), or a disposition made under either of them, is void unless the registrant is a child, parent or spouse of the resident.
(5) For the purposes of subsection (3) (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 (2) (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.
28.2 (1) In this section, "report of abuse" means a report made in good faith that a registrant or an employee or agent of a registrant has committed abuse against a resident.
(2) No action or other proceeding may be brought against a person for making a report of abuse.
(3) A registrant must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee or agent of the registrant, or deny the employee or agent a benefit, for making a report of abuse.
(4) A registrant or other person must not interrupt, discontinue or otherwise adversely affect, or threaten to interrupt, discontinue or otherwise adversely affect, service to a resident as a result of
(a) a report of abuse, or
(b) a suggested or stated intention to make a report of abuse.
14 Section 33 (1) is amended by striking out "or 26 (1) of this Act" and substituting ", 26 (1) or 28.1 (2)".
15 The following section is added:
33.1 Section 5 of the Offence Act does not apply to this Act or the regulations.
16 Section 34 is amended
(a) by repealing subsection (2) (o) and (x) and substituting the following:
(o) respecting the incidents that a licensee must report and all matters relating to those reports; ,
(b) in subsection (3) by repealing paragraph (a) and substituting the following:
(a) prescribing a type of assistance or support for the purposes of the definition of "assisted living services" in section 1;
(a.1) prescribing the form and content of an application for registration of an assisted living residence;
(c.1) prescribing the duties and responsibilities of a registrant and of the registrant's employees and managers;
(c.2) prescribing the training, experience and other qualifications required for registrants and their employees and managers;
(f) prescribing the records required to be kept by a registrant and the reports to be submitted to the registrar;
(g) respecting the incidents that a registrant must report and all matters relating to those reports. ,
(c) in subsection (4) by striking out everything before paragraph (a) and substituting "Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:",
(d) by repealing subsection (4) (a), and
(e) in subsection (4) by adding the following paragraph:
(d) defining a word or expression used but not defined in this Act.
17 This Act comes into force by regulation of the Lieutenant Governor in Council.