Difference between revisions of "Other Key Laws and Regulations in Residential Care"

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* '''Canadian Charter of Rights and Freedoms'''- The Charter guarantees certain civil rights to people in Canada from the policies and actions of all level of government. It covers fundamental freedoms, equality rights, legal rights, democratic rights, mobility rights, and language rights, many of which are particularly relevant to the treatment of people in residential care.
* '''Canadian Charter of Rights and Freedoms'''- The Charter guarantees certain civil rights to people in Canada from the policies and actions of all level of government. It covers fundamental freedoms, equality rights, legal rights, democratic rights, mobility rights, and language rights, many of which are particularly relevant to the treatment of people in residential care.


* '''Criminal Code''' - As in any other setting, some actions that occur in residential care facilities such as theft, assault, gross neglect leading to death  or homicide may come within the scope of criminal law.  The actions of staff, volunteers, visitors as well as residents can come under the force of the Criminal Code of Canada. Very recently, s. 215 of the Criminal Code (“failure to provide the necessaries of life “) was used in a precedent setting way to lay a charge against staff in an institutional (non care) setting.
* '''Criminal Code''' - As in any other setting, some actions that occur in residential care facilities such as theft, assault, gross neglect leading to death  or homicide may come within the scope of criminal law.  The actions of staff, volunteers, visitors as well as residents can come under the force of the Criminal Code of Canada. Very recently, s. 215 of the Criminal Code (“failure to provide the necessaries of life “) was used in a precedent setting way to lay a charge against staff in an institutional (non care) setting.


* A resident may have been experienced problems with family, neighbours or others in the community that follow the resident into the facility.  New problems or conflicts may also develop there.  In some of these cases, advocates and providers may need to be familiar with peace bonds (“810 recognizances”) and “no contact orders” issued by criminal court judges; “release conditions”.  As well they may need to be familiar with “family law protection orders” under the Family Law Act.
* A resident may have been experienced problems with family, neighbours or others in the community that follow the resident into the facility.  New problems or conflicts may also develop there.  In some of these cases, advocates and providers may need to be familiar with peace bonds (“810 recognizances”) and “no contact orders” issued by criminal court judges; “release conditions”.  As well they may need to be familiar with “family law protection orders” under the Family Law Act.


* '''Consumer Protection''' - Some services provided  to residents in care facilities may be direct performance contracts. The Business Practices and Consumer Protection Act  prohibits unfair practices, sets out the requirements for certain consumer contracts and provides licensing requirements for regulated businesses. The Act consolidated several consumer statutes. It protects consumers by standardizing contract terms, clarifying cancellation rights and ensuring that penalties for infractions are applied consistently across industries.  The Ministry of Health is currently drafting standardized contract template for admission agreements.
* '''Consumer Protection''' - Some services provided  to residents in care facilities may be direct performance contracts. The Business Practices and Consumer Protection Act  prohibits unfair practices, sets out the requirements for certain consumer contracts and provides licensing requirements for regulated businesses. The Act consolidated several consumer statutes. It protects consumers by standardizing contract terms, clarifying cancellation rights and ensuring that penalties for infractions are applied consistently across industries.  The Ministry of Health is currently drafting standardized contract template for admission agreements.
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