Protecting and Enforcing Rights in Residential Care
Complaints that rights have been violated
If a resident believes that his or her rights have been violated, the resident (or a person acting on his or her behalf) may submit a complaint under the Patient Care Quality Review Board Act.(1) These will be treated as care quality complaints.(2)
Protection for persons in care
The Residents’ Bill of Rights prohibits an Operator from retaliating against the resident because of a complaint made under the CCALA and Regulations, or made under the Patient Care Quality Review Board Act. They cannot “evict, discharge, intimidate, coerce, impose any pecuniary or other penalty on, suspend a service to, deny a right or benefit to or otherwise discriminate against a [resident] because of a complaint made in relation to the [resident].(3)
No right to sue
As previously noted, there is no independent right of action or right of compensation based only on a violation of a resident’s rights under the Bill. (4) However, it remains important evidence of legal duties owed by the operator, staff and health authorities to the resident or residents.
- Residents’ Bill of Rights, s. 2(1).
- Residents’ Bill of Rights, s.2 (2).
- Residents’ Bill of Rights, s. 3.
- Residents’ Bill of Rights, s. 4.
|This information applies to British Columbia, Canada. Last reviewed for legal accuracy by BC Centre for Elder Advocacy and Support, June 2014.|