The Long-Term Care Homes Act, 2007 and Extendicare Assist policy offers protection against retaliation to any person who discloses information to an inspector or to the Director of the Ministry of Health and Long-Term Care, or who gives evidence in legal proceedings.  This protection is known as the “whistle-blowing” protection. 

Specifically, the whistle-blowing protection requires that the Home (or the Licensee) and its staff will not retaliate against any person, whether by action or omission, or threaten to do so because anything has been disclosed to an inspector or to the Director. This includes, but is not limited to, disclosure of: (i) improper or incompetent treatment or care of a resident that resulted in harm or a risk of harm to the resident; (ii) abuse of a resident by anyone or neglect of a resident by the Home or its staff that resulted in harm or a risk of harm to the resident; (iii) unlawful conduct that resulted in harm or a risk of harm to a resident; (iv) misuse or misappropriation of a resident’s money; (v) misuse or misappropriation of government funding provided to the Home; (vi) a breach of a requirement under the Long-Term Care Homes Act, 2007; or (vii) any other matter concerning the care of a resident or the operation of the Home that the person advising believes ought to be reported to the Director.

In addition, no person will encounter retaliation because evidence has been or may be given in a proceeding, including a proceeding in respect of the Long-Term Care Homes Act, 2007 or its regulations, or in an inquest under the Coroners Act.

The Home (or Licensee) or its staff will not do anything that discourages, is aimed at discouraging or that has the effect of discouraging a person from doing anything mentioned above.  Nor will the Home (or Licensee) or its staff do anything to encourage a person to fail to do anything mentioned above.

For the purposes of the whistle-blowing protection, “retaliation” includes, but is not limited to, disciplining or dismissing a staff member, imposing a penalty upon any person, or intimidating, coercing or harassing any person. A resident shall not be discharged from the Home, threatened with discharge, or in any way be subjected to discriminatory treatment (e.g. any change or discontinuation of any service to or care of a resident or the threat of any such change or discontinuation) because of anything mentioned above, even if the resident or another person acted maliciously or in bad faith. Further, no family member of a resident, substitute decision-maker of a resident, or person of importance to a resident shall be threatened with the possibility of any of those being done to the resident.