Sections 19 and 20 of the LTCHA and sections 96 to 99 of the Regulation set out the requirements for the Home to protect a Resident from abuse by anyone and from neglect by the Home or its staff.
Section 19 – Duty to Protect
The Home must protect its Residents from abuse by anyone and from neglect by the Home or its staff. This requirement does not apply when the Resident is absent from the Home (e.g., during a casual absence), unless the Resident is still receiving care or services from the Home, staff or volunteers.
The following definitions apply to all references of abuse or neglect in the LTCHA and the Regulation.
Section 2 (1) of the LTCHA provides that “abuse” in relation to a Resident means physical, sexual, emotional, verbal or financial abuse, as defined in the Regulation.
Section 2 (1) of the Regulation defines the following types of abuse:
“Emotional Abuse” means, any threatening, insulting, intimidating or humiliating gestures, actions, behaviour or remarks, including imposed social isolation, shunning, ignoring, lack of acknowledgement or infantilization by anyone other than a Resident, or any threatening or intimidating gestures, actions, behaviour or remarks by a Resident that causes alarm or fear to another Resident where the Resident performing the gestures, actions, behaviour or remarks understands and appreciates their consequences.
“Financial Abuse” means any misappropriation or misuse of a Resident’s money or property.
“Physical Abuse” means, the use of physical force by anyone other than a Resident that causes physical injury or pain (this does not include the use of force that is appropriate to provide care or to assist a Resident with activities of daily living, unless the force used is excessive in the circumstances) (section 2 (2) of the Regulation), administering or withholding a drug for an inappropriate purpose, or the use of physical force by a Resident that causes physical injury to another Resident.
“Sexual Abuse” means, any consensual or non-consensual touching, behaviour or remarks of a sexual nature or sexual exploitation directed towards a Resident by the licensee or a staff member, or any non-consensual touching, behaviour or remarks of a sexual nature or sexual exploitation directed towards a Resident by a person other than the licensee or a staff member.
The definition of sexual abuse does not include touching, behaviour or remarks of a clinical nature that are appropriate to providing care or assisting a Resident with activities of daily living, or consensual touching, behaviour or remarks of a sexual nature between a Resident and the licensee or a staff member that is in the course of a sexual relationship that began before the Resident was admitted to the Home or before the licensee or staff member became a licensee or staff member (section 2 (3) of the Regulation).
“Verbal Abuse” means, any form of verbal communication of a threatening or intimidating nature or any form of verbal communication of a belittling or degrading nature that diminishes a Resident’s sense of well-being, dignity or self-worth, which is made by anyone other than a Resident, or any verbal communication of a threatening or intimidating nature made by a Resident that leads another Resident to fear for his or her safety and the Resident making the communication understands and appreciates its consequences.
“Neglect” means the failure to provide a Resident with the treatment, care, services or assistance required for health, safety or well-being, and includes inaction or a pattern of inaction that jeopardizes the health, safety or well-being of one or more Residents.