Other Key Laws and Regulations in Residential Care

Beyond the Big Four - the Supporting Cast

Together the four statutory and regulatory components of the law provide the general framework for the operators of the facilities, setting out their general responsibilities, and the licensing framework, and minimum standards for operation.

There are several other important pieces of legislation relevant to the rights of seniors in residential care facilities, and the responsibilities of others for the care of seniors. For example, the Mental Health Act can have important implications for prospective residents who are viewed as mentally incapable.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by BC Centre for Elder Advocacy and Support, June 2014.

1. Care

The primary statutory requirements for care in care facilities come under the Residential Care Regulations. However, other laws are important to residential care issues, especially in the context of mental capacity issues.

Adult Guardianship Act

This Act sets out the presumption that adults of any age are capable of making decisions about their own personal care, health care and financial affairs. Part 3 of the Act covers support and assistance to vulnerable adults who may be experiencing abuse and neglect in almost any setting.

Health Care (Consent) and Care Facility (Admission) Act

This Act sets out the general rules for consent to treatment, the presumption of capability to consent, and what is meant by “health care” in this context. It identifies who can be a statutory (temporary) substitute decision maker for health care when a person becomes mentally incapable. It describes the scope of representation agreements in health care settings. It identifies the scope and requirements for advance directives, as well as how and when advance directives apply.

Mental Health Act

The Mental Health Act is protective legislation designed to ensure the safety and well-being of people with mental illnesses. It establishes the mechanism by which a “person with a mental disorder” can be involuntarily detained and admitted to a “mental health facility”. The Act has been used to involuntarily admit people who are considered “mentally incapable” of consenting (or refusing to consent) to move into a residential care facility by transferring them from hospitals to care facilities on “extended leave”. This process is described in Chapter Two on Admissions & Transfers. It is generally considered as inappropriate to use the law in this manner.

It has been used primarily because Part 3 of the Health Care (Consent) and Care Facility (Admission) Act has not come into force. Part 3 creates a process allowing a substitute decision-maker to consent to the admission of an adult who is not capable of making an informed decision to a care facility. The Mental Health Act sets out a process by which the involuntary detentions can be reviewed by the Mental Health Review Board.

Occupational Health and Safety Regulations

These concern the employer’s obligations regarding a violence prevention program (risk assessment, procedures/policies, instruction of workers) in a workplace, and an employee’s right to refuse unsafe work.

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

An act; a statute; a written law made by a government. See "regulations."

(1) Agreement, or (2) the giving of permission for a thing to happen or not happen.

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."

In family law, this usually refers to one party obtaining a part of any property at issue before the property has been finally divided by court order or the parties' agreement, usually in order to help pay for that person's legal fees.