The federal government is launching an online public consultation to take the pulse of the population as part of the development of legislation to improve safety in long-term care homes.
During the last election campaign, in 2021, the Liberal Party of Canada promised to introduce a law “on safe long-term care”, in the wake of the COVID-19 pandemic which highlighted the difficulties that several CHSLDs have had in providing basic care to their patients.
The tabling of a bill on this subject is also a condition of the agreement reached by the Liberals and the New Democrats. This agreement provides for the New Democratic Party to support the Liberals in key votes in the House of Commons, allowing the minority government to remain in place until 2025, provided that some of its priority files progress in Ottawa.
The office of the federal Minister of Health, Jean-Yves Duclos, did not want to specify the exact moment of the tabling of the bill, but it could be done as early as this fall.
Already expert advice
Earlier this year, two expert panels presented new standards to improve health, safety and infection prevention in long-term care facilities.
The Health Standards Organization and CSA Group have formulated standards emphasizing resident-centred care, improving working conditions for staff, improving data collection, and adding accountability for quality and safety in residences.
However, it is not yet clear whether these new standards will serve as the basis for the development of the new law, or even if they will be applied across the country.
The new law could at the very least “reflect” these new standards, reads a government discussion paper.
The document, which accompanies the launch of the public consultation, also indicates that the federal government will “encourage the adoption of these standards by the provinces and territories”.
With its online public consultation, which will remain available until September 21, the government wishes to obtain comments from residents of long-term care centers, their families, as well as experts. It will also consult the provinces and territories before tabling a bill in the House of Commons.
Provincial jurisdiction
Like health care as a whole, long-term care falls directly under provincial and territorial jurisdiction.
The federal government therefore has a much more limited role in developing the rules that apply to CHSLDs, apart from the fact that it can invite the provinces to national discussions and offer funds for specific initiatives.
In Budget 2021, the government announced it would share $3 billion with provinces and territories to improve long-term care conditions.
In its most recent budget, Ottawa also earmarked $1.7 billion over five years to increase hourly wages for ward attendants, who provide the majority of bedside care in most homes.
Future legislation could include a federal framework and plan for long-term care, as well as improved data collection.
For example, the government asked, in its public consultation, for comments on the type of information to be included in a national public report on long-term care.