The Legal Framework: Fixing Long-Term Care Act, 2021
Unlike tenants in a retirement home, who are covered by the Residential Tenancies Act, residents in a long-term care (LTC) home in Ontario are governed by the Fixing Long-Term Care Act, 2021 [1]. This legislation outlines the rights of residents, including robust protections against involuntary transfer or discharge [1]. A home cannot initiate a resident's removal on a whim or without following a precise legal procedure [1]. This prevents the threat of arbitrary "eviction" and ensures residents have due process and advocacy options.
Specific Grounds for Involuntary Discharge
While involuntary discharge is heavily restricted, there are specific, legally-defined circumstances under which it can occur [1, 4]. These reasons are not up to the individual LTC home's discretion but are laid out in the governing legislation [1]. The primary reasons include:
- Unmet Care Needs: The home may initiate a discharge if a resident's health needs significantly change and can no longer be safely or properly met by the facility, even with additional community supports [1].
- Resident's Health Has Improved: If a resident's health improves to the point where they no longer require the level of care provided by a long-term care facility, a discharge may be appropriate [1].
- Safety of Others: A resident may be discharged if their presence or behavior poses a significant and documented risk to the health or safety of other residents or staff [1]. The home must first explore all options for mitigating the risk before resorting to discharge [1].
- Non-payment of Fees: A resident may face involuntary discharge for failure to pay for their care [4, 5]. However, strict rules apply, and a resident cannot be discharged while an application for a change in payment is pending or under appeal [5].
- Home Ceases to Operate: If the facility is closing, residents must be transferred to another appropriate location [1]. The home is responsible for facilitating this transfer and ensuring suitable accommodation is found [1].
The Mandatory Discharge Process
An LTC home that believes it has grounds for involuntary discharge must follow a strict process, providing the resident and their representative with a written notice at least 30 days in advance (exceptions exist for emergencies) [1]. The notice must contain specific details, including the reason for discharge, the proposed date, an alternative location, and information on the right to appeal [1]. The home must also develop a discharge plan with the resident and family to ensure a safe transfer to a new location that can meet the resident's needs [1].
Long-Term Care Home vs. Retirement Home
It is crucial to understand the difference between these two types of residences in Ontario, as their legal frameworks for eviction are fundamentally different [5]. The protections against involuntary discharge in an LTC home are much more extensive [5].
| Feature | Long-Term Care Home | Retirement Home |
|---|---|---|
| Governing Legislation | Fixing Long-Term Care Act, 2021 [1] | Residential Tenancies Act and Retirement Homes Act [5] |
| Discharge Process | Heavily regulated; home must find suitable alternative accommodation; very limited grounds [1]. | Follows standard tenant eviction process via the Landlord and Tenant Board; more reasons for eviction are possible [5]. |
| Level of Care | Provides 24/7 medical and personal care for those with significant health needs [1]. | Offers a range of care services based on resident agreement; generally for more independent individuals [5]. |
| Involuntary Discharge | Can only occur under strict, legally defined circumstances, with the right to appeal [1, 5]. | Can be initiated for reasons like non-payment, disturbing others, or care needs exceeding agreement [5]. |
What to Do If You Receive a Discharge Notice
If you receive a discharge notice, do not move out immediately, as an LTC home cannot force a resident to leave while an appeal is pending unless there is an immediate danger [5]. Carefully review the notice, contact advocacy support like the Patient Ombudsman or the Advocacy Centre for the Elderly (ACE), and file an appeal if you disagree with the decision [1, 3, 5]. If non-payment is the issue, ensure any pending funding applications or appeals are active, as this can provide protection [5]. For more information on resident rights and how to file a complaint, you can visit the Advocacy Centre for the Elderly's website. Advocacy Centre for the Elderly
The Role of the Patient Ombudsman and Other Advocates
The Patient Ombudsman investigates complaints related to Ontario's long-term care homes and healthcare system [3]. The Advocacy Centre for the Elderly offers specialized legal services to low-income seniors and can be a vital resource when dealing with complex discharge disputes [5].
Conclusion
While the prospect of involuntary discharge from a long-term care home can be frightening, the legal framework in Ontario provides significant protections [1]. A home must adhere to strict rules, and residents have the right to appeal any discharge decision and access advocacy support [1, 5]. By understanding your rights under the Fixing Long-Term Care Act, 2021, you and your family can navigate this process with authority and ensure fair treatment [1].
