Understand the Act: Powers of a Family Council
by Family Councils Ontario
In this week's 'Understand the Act' Blog post, we're turning our attention to the Powers of a Family Council. It's essential to understand the Powers given to Family Councils by law so you have a solid understanding of what you can do in the Home.
The Act outlines several powers of a Family Council, such as providing assistance, information and advice to residents, family members of residents and persons of importance to residents, including when new residents are admitted to the Home; advising residents, family members of residents and persons of importance to residents respecting their rights and obligations under the Act; sponsoring and planning activities for residents; advise the licensee of any concerns or recommendations the Council has about the operation of the Home, and others. As each Family Council is unique, the activities of each Family Council will vary.
Specifically, the Long-Term Care Homes Act lists the following Powers of a Famiy Council:
60. (1) A Family Council of a long-term care home has the power to do any or all of the following:
- Provide assistance, information and advice to residents, family members of residents and persons of importance to residents, including when new residents are admitted to the home.
- Advise residents, family members of residents and persons of importance to residents respecting their rights and obligations under this Act.
- Advise residents, family members of residents and persons of importance to residents respecting the rights and obligations of the licensee under this Act and under any agreement relating to the home.
- Attempt to resolve disputes between the licensee and residents.
- Sponsor and plan activities for residents.
- Collaborate with community groups and volunteers concerning activities for residents.
- Review,
i. inspection reports and summaries received under section 149,
ii. the detailed allocation, by the licensee, of funding under this Act and the Local Health System Integration Act, 2006 and amounts paid by residents,
iii. the financial statements relating to the home filed with the Director under the regulations and with the local health integration network for the geographic area where the home is located under the Local Health System Integration Act, 2006, and
iv. the operation of the home. - Advise the licensee of any concerns or recommendations the Council has about the operation of the home.
- Report to the Director any concerns and recommendations that in the Council’s opinion ought to be brought to the Director’s attention.
- Exercise any other powers provided for in the regulations. 2007, c. 8, ss. 60 (1), 195 (7, 8).
A few key points to remember:
- The goals written into your Council's Terms of Reference can include the Powers listed above and will often reflect the Powers, even when worded differently. E.g.
- Comfort, inform and motivate friends and relatives of residents --> This is connected to the Power to "Provide assistance, information and advice to residents, family members of residents and persons of importance to residents, including when new residents are admitted to the home."
- Improve the quality of life, well-being and happiness of all residents of the Home --> This relates to the Power to "Sponsor and plan activities for residents/"
- Provide input on Long-Term Care Home decisions and act on shared concerns and problems --> This aligns with "Advise the licensee of any concerns or recommendations the Council has about the operation of the home."
- The Long-Term Care Homes Act provides for Councils to advise the administration (i.e. the licensee) of the Home formally regarding any concerns or recommendations the Council has about the operation of the Home and the Home has a duty to respond in writing within 10 days of receiving the notice. 2007, c. 8, s. 60 (2). This is the Power to use your collective voice to process shared concerns; these are concerns that affect multiple residents/families and that the Council has chosen to take on as a Family Council concern.
- Your Council does not have to exercise all of the Powers at any given time; if your Council chooses not to exercise one or more, you do not lose the right to do so. These Powers are given to you by law, not any Long-Term Care Home/Corporation staff person or board member. So, Consider which powers and activities your Council would like to focus on. You do not need to exercise all of the powers listed; choose which ones are most important to your Council at this time and revise as necessary.
The Powers of a Family Council entrenched in the legislation governing Long-Term Care reflect and bolster the role, importance and benefits of Family Councils. The inclusion of Family Councils in the new Long-Term Care Homes Act, including the Powers outlined, recognizes the important contributions Family Councils make to Long-Term Care Homes and the Long-Term Care sector in general.
Understanding the Act will help you reach your goals and increase your impact in the Home. Join us on Thursday October 22nd at 1pm for a FREE Webinar on the Long-Term Care Homes Act & Family Councils!