Ontario long-term care homes that neglect residents could now face jail time

Ontario long-term care homes could be subject to stricter penalties if found guilty of failing to protect residents from abuse or neglect, including jail time.

The provincial government announced Monday they have launched a 10-person investigations unit tasked with investigating such allegations, as well as claims of repeated ongoing non-compliance with inspector’s orders, the suppressing and/or falsifying of mandatory reports, and negligence of corporate directors.

“Up until now, our ministry inspectors were limited on how they could attempt to correct non-compliance,” Long-Term Care Minister Stan Cho told reporters in Toronto.

“Thus, this new unit and its enhanced powers is a game changer for what is already the toughest long-term care inspection and enforcement regime in Canada. It will also act as a proactive deterrent to keep any potential bad actors in check.”

• Download our app to get local alerts on your device
• Get the latest local updates right to your inbox

The investigators in this unit have been designated as Provincial Offences Officers, which means they can issue fines for offences or hand out court summons. Their investigations will be separate from the inspections process, the government said, although they may investigate allegations made as part of those inspections.

The penalties handed out are subject to a conviction by a prosecutor. They are not criminal charges and would not result in a criminal record.

Regular long-term care home inspectors are unable to issue such penalties. They have the power to issue a written notice or administrative penalty of up to $250,000 or refer the matter to a director for further action.

As such, Cho stressed Monday that owners “do not want one of these investigators at your home.”

It’s unclear what the criteria is for a long-term care investigation, but officials said it would only be for truly egregious cases.

Speaking with CTV News Toronto Monday afternoon, Dr. Vivian Stamatopoulos, associate professor of Ontario Tech University and long-term care researcher, said she doesn’t understand why this new investigative unit is necessary.

“There have been criminal charges you could have pursued against many of these bad actors throughout the entire pandemic, but yet nothing was done,” she said, citing criminal negligence as an example.

"Until this government takes seriously the underlying conditions that lead to the situation of widespread neglect, which, by the way, is tantamount to institutionalised violence in these facilities, then nothing is going to change."

The announcement comes months after Ontario’s ombudsman found inspections of long-term care halted for nearly two months during the first wave of the pandemic.

The report, released in September, found that over a seven-week period, the ministry’s inspections branch “simply stopped conducting on-site inspections.” It suggested that inspectors were not trained in infection prevention and control, and that the ministry did not supply the branch with enough personal protective equipment at the time.

• READ MORE: Military report details 'horrifying' conditions at two Toronto long-term care homes

Since the pandemic, the government has hired 193 new long-term care inspection staff, including 156 inspectors. This, officials say, has doubled the number of inspectors reviewing complaints.