Canada: The Strengthening Quality And Accountability For Patients Act, 2017 Became Law In Ontario

Bill 160, the Strengthening Quality and Accountability for Patients Act, 2017 (the Act), was enacted by the Government of Ontario on December 12, 2017. The Act will repeal five pieces of legislation,1 amend seven pieces of legislation,2 and create three new pieces of legislation when all is said and done.3

The purpose of this blog post is to provide an overview of the significant amendments the Act brought to the Long-Term Care Homes Act, 2007 (the LTCHA) and the Retirement Homes Act, 2010 (the RHA). Generally, (i) the amendments to the LTCHA add to the enforcement powers under such act and establish a consent-based framework to protect residents who need to be secured in such homes for safety reasons, and (ii) the amendments to the RHA strengthen the oversight powers of the Retirement Homes Regulatory Authority (the Authority) and increase accountability with respect to the Authority. The amendments to the LTCHA will come into force on a day to be named by proclamation of the Lieutenant Governor. The majority of the amendments to the RHA have come into force, with certain exceptions, including Section 70 relating to confinement as detailed below, that will come into force on a day to be named by proclamation of the Lieutenant Governor.4

Long-Term Care Homes Act, 2007

Schedule 5 of the Act amends the LTCHA. Long-term care homes in Ontario are governed by the LTCHA and their operations are overseen by the Ministry of Health and Long-Term Care.

As a result of the amendments to the LTCHA, the Minister will have the power to (i) suspend a licence for the operation of a home under the LTCHA and (ii) issue operational and policy directives to long-term care homes. In addition, the Director who oversees the regulation of long-term care homes will also have the ability to suspend a licence for the operation of a home under the LTCHA, which is in addition to his or her pre-existing power to revoke such a licence. The Director and inspectors acting pursuant to the LTCHA will also have the ability to impose administrative monetary penalties of up to $100,000 when the amendments come into force.

In recent developments, the Ministry of Health and Long-Term Care is also proposing to amend Ontario Regulation 79/10 (the Rate Reduction Program) under the LTCHA. If approved, the proposed amendments would come into effect on the later of (i) May 1, 2018 and (ii) the date on which they are filed. At the present time, applicants of the Rate Reduction Program are required to submit a Notice of Assessment (NOA) with their application for a reduced co-payment rate. However, not all applicants are able to readily obtain a copy of their NOA as the Canada Revenue Agency (CRA) only issues it once a year. As a result, applicants frequently experience delays in submitting their application. The proposed changes would allow applicants to submit a Proof of Income Statement (Option-C Print) (which is a document provided by the CRA upon receiving a request from a person for a lost/new NOA document) or provide consent to have their income information verified electronically as an alternative to submitting their paper-based NOA form.5

Retirement Homes Act, 2010

Schedule 10 of the Act amends the RHA. The RHA governs retirement homes in Ontario, which are regulated by the Authority. The Act gives more powers to the Authority in its oversight of retirement homes by expanding the Authority's ability to deal with unlicensed homes. Inspectors acting pursuant to the RHA and on behalf of the Authority can now (i) enter retirement homes that are unlicenced to ensure compliance with orders to cease to operate and (ii) enter retirement homes where they believe there might be harm to the residents resulting from such homes operating without a licence or failing to comply with the RHA.

The Act also amends the confidentiality provisions of the RHA. Information can now be disclosed by the Authority to a person that administers or enforces another act (e.g., a health regulatory college) if the purpose of the disclosure is to "aid an inspection, investigation or similar proceeding" and if the information is related "to compliance with [the RHA] or the regulations or related to a serious incident relating involving a retirement home."

As a result of the enactment of the Act, the Authority is now subject to audits conducted by the Auditor General of Ontario. The Minister of Seniors Affairs' powers are also expanded to include the power to order that policy, legislative or regulatory reviews be carried out in relation to the powers and duties of the Authority.

Confinement of a Resident or Patient

The Act contemplates changes to the conditions for confinement of a patient or resident under the RHA, the LTCHA and the Health Care Consent Act, 1996 (the HCCA). These provisions have not yet come into force. Once enacted, these provisions will modify the regime for confinement under the RHA and the LTCHA, including the conditions in which it is permissible for a resident to be restrained or confined. The amendments introduce a consent-based system and provide for rules on who may give consent to confine on behalf of an incapable person under the HCCA.

Once such provisions come into force, a decision to confine a resident under the LTCHA will automatically be reviewable by the Consent and Capacity Board on request from the resident. Similar changes are contemplated for the RHA, where the resident will not have an automatic right of review by the Consent and Capacity Board but a right to apply for review. Residents of a retirement home will also be entitled to receive specific information in cases of confinement under the RHA.

The above summary provides a general overview of some of the changes to the LTCHA and RHA that have now become law or will become law once proclaimed into force. If you have any questions or wish to discuss the impact of these provisions on your business, we invite you to contact us.


1 The Ontario Mental Health Foundation Act, the Medical Radiation and Imaging Technology Act, 1991, the Independent Health Facilities Act, the Healing Arts Radiation Protection Act, and the Private Hospitals Act.

2 The Ambulance Act, the Excellent Care for All Act, 2010, the Health Protection and Promotion Act, the Long Term Care Homes Act, 2007, the Health Care Consent Act, 1996, the Ontario Drug Benefit Act, and the Retirement Homes Act.

3 Health Sector Payment Transparency Act, 2017, Oversight of Health Facilities and Devices Act, 2017, and Medical Radiation and Imaging Technology Act, 2017.

4 Section 70 of the RHA.

5 For a summary of the proposed regulation, see: spx.

To view the original article click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions