Bill 35 2016
An Act to amend the Home Care and Community Services Act, 1994 with respect to complaints and appeals
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Subsection 39 (3) of the Home Care and Community Services Act, 1994 is amended by striking out "60 days" in the portion before clause (a) and substituting "30 days".
(2) Section 39 of the Act is amended by adding the following subsection:
(5) A notice under clause (3) (a) or (b) or a copy of a decision under clause (3) (c) shall include information about how the person to whom the notice is given may appeal the decision to the Appeal Board.
2. Clause 40 (1) (b) of the Act is amended by striking out "60 days" and substituting "30 days".
3. The Act is amended by adding the following section:
Stay on appeal
40.1 (1) If the decision of an approved agency, as affirmed, rescinded or substituted under subsection 39 (3), would have the effect of terminating or reducing the community services provided to a person, the appeal of the decision to the Appeal Board in accordance with section 40 stays the operation of the decision.
(2) Subsection (1) applies in respect of an appeal if the notice requiring a hearing has been given to the Appeal Board on or after the day the Empowering Home Care Patients Act, 2016 receives Royal Assent.
4. This Act comes into force on the day it receives Royal Assent.
5. The short title of this Act is the Empowering Home Care Patients Act, 2016.
Under section 39 of the Home Care and Community Services Act, 1994, an approved agency is required to establish a process for reviewing complaints about specified matters. The Bill shortens the time period, from 60 days to 30 days, during which an agency is required to respond to complaints respecting decisions about the particular community services a person is entitled to receive. The Bill requires the agency's response to include information about the process for appealing the decision to the Health Services Appeal and Review Board.
The Bill also provides that if the decision of the agency would have the effect of terminating or reducing the community services provided to a person, an appeal to the Board stays the decision.