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FAMILY COUNCILS
Provisions under LTCHA
(Long Term Care Homes Act)
section 59 ~ Family Council
section 60 ~ Powers of Family Council
section 61 ~ Family Council Assistant
section 62 to 68 ~ General Provisions Regarding Councils
To: Family Councils Program March 23, 2012
By: Mary Nestor
Performance Improvement and
Compliance Branch
Health Systems Accountability
and Performance Division
Ministry of Health and Long
Term Care
LTCHA, Part IV (Councils)
Sections 59 to 61 re Family Council
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Section 59 Family Council
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s. 5.9 (1)
Family Council (FC)
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Every LTCH may have a Family Council.
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s. 5.9 (2)
Request for FC
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If no FC, a family member of a resident or a person
of importance to a residence may request the establishment.
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s. 5.9 (3)
Licensee to assist
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Licensee shall assist in the establishing a
FC within 30 days of receiving a request.
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s. 5.9 (4)
Notification of Director
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When FC established, licensee to notify Director
within 30 days of establishment.
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s. 5.9 (5)
Right to be a member
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Family members of a resident or a person of importance
to a resident may be a member.
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s. 5.9 (6)
Who may not be a member
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List of persons who may not be members: ex.
Licensee or management of LTCH, officer/director of licensee, LTCH
Administrator or staff
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s. 5.9 (7)
Licensee obligations if no FC
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If no FC, licensee shall: (a) advise
of right to establish; and (b) convene semi-annual meetings to advise of
right to establish.
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Sections 59 to 61 re Family Council (contd)
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Section 60 Powers of Family Council
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s. 60 (1)
Powers of Family Council.
Any or all of the following:
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1. Provide assistance, information & advise to
residents, family members of residents & persons of importance to
residents including newly admitted residents
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2. Advise re rights & obligations under the Long
Term Care Homesa Act -LTCHA
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3. Advise re rights and obligations of the licensee
under the LTCHA or agreement
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4. Attempt to resolve disputes between licensee
& residents
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5. Sponsor and Plan activities for residents
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6. Collaborate with community groups and volunteers
re activities for residents
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7. Review:
i.
inspection reports & summaries received under
s. 149 [ re required inspections];
ii.
detailed
allocation, by the licensee, of funding under the LTCHA & amounts paid
by residents
iii.
Financial
statements re the home filed with the Director under the regulations; and
iv.
the
operation of the home
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8. Advise the licensee of any
concerns/recommendations from the Family Council regarding operations of
the home.
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9. Report to the Director any concerns or
recommendations that, in the opinion of the Family Council should be
brought to the Directors attention
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10. Exercise any other powers provided for in the
regulations
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s. 60(2)
Duty to respond
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If the Family Council has advised the licensee of
concerns or recommendations, the licensee shall respond to the
Family Council in writing, within 10 days of receiving this advice.
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Sections 59 to 61 re Family Council (contd)
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Section 61
Family Council assistant
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s. 61(1)
Family Council assistant
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If the Family Council requests, the licensee shall
appoint a Family Council assistant who is acceptable to the Family Council
and who will assist the Family Council
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s. 61(2)
Duties
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The Family Council Assistant will take instructions
from the Family Council, ensure confidentiality where requested and
reported to the Family Council
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LTCHA, Part IV (Councils)
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Section 62
to 68 General Provisions regarding Councils
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s. 62
Licensee to co-operate with and assist Councils
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Licensee to
co-operate with Family Council and their assistants, and provide such
financial and other information & assistance required by regulation.
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s. 63
Licensee duty to meet with Family Council
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If invited by Family Council, Licensee shall
meet, or if licensee is a corporation, a representative of the licensee
shall meet
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s. 64
Attendance at meetings
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Licensee shall attend meetings only if invited and
ensure that staff, including Administrator, and other persons involved in
the management and/or operation of the home, only attend the meeting if
invited
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s. 65
No interference by licensee
A licensee of a LTCH:
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(a) shall not interfere with meetings or
operations of the Family Council.
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(b) shall not
prevent a member of the Family Council from entering the home to attend a meeting of the councilor to perform any function as a member of
the Council and shall not otherwise hinder, obstruct or interfere with such
a member carrying out those functions
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(c) shall not prevent a Family Council from
entering the home to carry out duties or otherwise hinder, obstruct or
interfere with the assistant carrying out duties.
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(d) shall ensure that no
staff member, including the Administrator, and other persons involved in
the management and operation of the home does anything the licensee is
forbidden to do.
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s. 66
Immunity Council members, assistants
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No action or proceeding shall be commenced against a
member of the Family Council or their assistants for anything done or
omitted to be done in good faith in their capacity as a member or
assistant.
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s. 67
Duty of Licensee to consult Councils
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The Licensee has a duty to consult regularly with the Family Council (if any), and in any
case, shall consult with them every
3 months.
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s. 68
Regulations
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Regulation-making provisions Power of Lieutenant
Governor in Council to make regulations.
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