Introduction to Rights in Home Care and Senior Housing

Introduction

This chapter discusses the rights of people living in long-term care and common issues that arise for people living in long-term care.

Some of these issues are addressed by the laws that govern long-term care facilities – the Community Care and Assisted Living Act, the Residential Care Regulation and Assisted Living Regulation, or for extended care and private hospitals, the Hospital Act. Some issues, like the use of restraints or minimum operating standards are very specifically addressed in the governing laws, while other issues fall under the broad protections guaranteed by the Residents’ Bill of Rights, including for example the right to health, safety, and dignity.(1)

Another important law is the Health Care (Consent) and Care Facility (Admissions) Act (HCCCFAA), which outlines an adult’s right to make informed decisions about their health care, as well as the rights and obligations of their substitute decision-maker if applicable. It also addresses an adult’s rights when being admitted to long-term care.

While the law offers various levels of recourse to solve problems, the first and most practical timely approach is to try to resolve problems directly within the facility using their complaint procedures. See Chapter 6 for more information about advocacy strategies.

It is important to keep in mind that unlike an acute care hospital, a care facility is the adult’s home and residents should be able to carry on their usual activities of daily life.

References

1. The Residents' Bill of Rights is contained as a schedule to the Community Care and Assisted Living Act, BC 2002, c 75, Sch, online: <https://canlii.ca/t/84lk>.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Seniors First BC, February 2024.

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."