Residents’ rights

Every licensee of a long-term care home shall ensure that the following rights of residents are fully respected and promoted.

The right to:

• Be treated with courtesy and respect and in a way that fully recognizes the resident’s individuality and respects the resident’s dignity

• Be protected from abuse

• Not be neglected by the licensee or staff

• Be properly sheltered, fed, clothed, groomed and cared for in a manner consistent with his or her needs

• Live in a safe and clean environment

• Exercise the rights of a citizen

• Be told who is responsible for and who is providing the resident’s direct care

• Be afforded privacy in treatment and in caring for his or her personal needs

• Have his or her participation in decision-making respected

• Keep and display personal possessions, pictures and furnishings in his or her room subject to safety requirements and the rights of other residents

• Participate fully in the development, implementation, review and revision of his or her plan of care

• Give or refuse consent to any treatment, care or services for which his or her consent is required by law and to be informed of the consequences of giving or refusing consent

• Participate fully in making any decision concerning any aspect of his or her care, including any decision concerning his or her admission, discharge or transfer to or from a long-term care home or a secure unit and to obtain an independent opinion with regard to any of those matters

• Have his or her personal health information (within the meaning of the Personal Health Information Protection Act, 2004) kept confidential in accordance with that Act, and to have access to his or her records of personal health information, including his or her plan of care, in accordance with that Act

• Receive care and assistance towards independence based on a restorative care philosophy to maximize independence to the greatest extent possible

• Not be restrained, except in the limited circumstances provided for under this Act and subject to the requirements provided for under this Act

• Communicate in confidence, receive visitors of his or her choice and consult in private with any person without interference

• For residents who are dying or very ill, the right to have family and friends present 24 hours per day

• Designate a person to receive information concerning any transfer or any hospitalization of the resident and to have that person receive that information immediately

• Raise concerns or recommend changes in policies and services on behalf of himself or herself or others — without interference and without fear of coercion, discrimination or reprisal, whether directed at the resident or anyone else — to the following persons and organizations:

• • The Residents’ Council

• • The Family Council

• • The licensee, and, if the licensee is a corporation, the directors and officers of the corporation, and, in the case of a home approved under Part VIII, a member of the committee of management for the home under section 132 or of the board of management for the home under section 125 or 129

• • Staff members

• • Government officials

• • Any other person inside or outside the long-term care home

• • The right to form friendships and relationships and to participate in the life of the long-term care home

• Have his or her lifestyle and choices respected

• Participate in the Residents’ Council

• Meet privately with his or her spouse or another person in a room that assures privacy

• Share a room with another resident according to their mutual wishes, if appropriate accommodation is available

• Pursue social, cultural, religious, spiritual and other interests, to develop his or her potential and to be given reasonable assistance by the licensee to pursue these interests and to develop his or her potential

• Be informed in writing of any law, rule or policy affecting services provided to the resident and of the procedures for initiating complaints

• Manage his or her own financial affairs unless the resident lacks the legal capacity to do so

• Be given access to protected outdoor areas in order to enjoy outdoor activity unless the physical setting makes this impossible

• Have any friend, family member, or other person of importance to the resident attend any meeting with the licensee or the staff of the home. 2007, c. 8, s. 3 (1)

Residents also have the right:

• To expect all staff to be advised of the above rights and to assume that all staff will respect the above rights

• To expect all staff, upon being hired, and thereafter through in-service training, will have up-to-date knowledge of gerontology and geriatrics as these affect their careers and the resident’s life at Baycrest

Residents’ responsibilities

As in all human societies, individuals have not only rights but also obligations and responsibilities to one’s fellow residents and to the management of the facility in which one is receiving care. Every resident has the responsibility to:

• Observe the rules and regulations of Baycrest in effect at the time of admission, to any program and as altered from time to time

• Treat one’s fellow residents and staff with courtesy and consideration, and to bear in mind their rights at all times

• Observe at all times the no smoking regulations for one’s own protection and that of other residents and staff

• Participate always, and with promptness, in fire and disaster drills

• Use with care all supplies, linens and furnishings, just as if they were one’s own

• Provide truthful information to the appropriate Baycrest staff and administration concerning all aspects of his or her mental, physical and financial status, and to keep them informed of any change in these

• Consider that other residents may require more assistance, and more urgently, than oneself. One cannot always be served first

• Report promptly anything he or she feels needs attention, such as safety hazards, security, or anything one feels is not right

• Give the nurse manager, department head or any of the administrative staff an opportunity to correct a complaint or grievance by speaking to them directly. If one does not get satisfaction within a reasonable time, write or go to an elected officer of the Residents’ Council or contact the Client Representative to seek assistance with resolution of your concern.

• Leave word, in accordance with Baycrest policy, when leaving the unit. This is for one’s own benefit and safety.

Residents and staff also have the right:

• To expect all residents to be advised of the above responsibilities and to assume that all residents will fulfill the above responsibilities.

The Terraces of Baycrest is licensed and regulated by the Retirement Homes Regulatory Authority (RHRA) and is governed by the Retirement Homes Act, 2010 (the Act). The Act outlines the rights of residents, the responsibilities of retirement home operators and the standards for care, safety and consumer protection. Visit the RHRA website to understand your rights as a resident and learn more about the Act.