Reporting is everyone's responsibility.


"Ontario’s Long-Term Care Homes Act, 2007 (LTCHA) and Ontario Regulation 79/10

(Regulation) made under the LTCHA came into force on July 1, 2010. The new LTCHA

and the Regulation replace the Nursing Homes Act, Homes for the Aged and Rest Homes

Act and the Charitable Institutions Act, and the regulations under those Acts.

All long-term care homes in Ontario are now governed by one piece of legislation: the

Long-Term Care Homes Act, 2007. The LTCHA is designed to help ensure that residents

of long-term care homes receive safe, consistent, high-quality, resident-centred care."

A Guide to the Long-Term Care Homes Act, 2007

and Regulation 79/10

This Guide provides a general overview of the LTCHA and the Regulation. The Guide

does not address all aspects of the LTCHA and the Regulation and is made available

for convenient reference only. It should be read in conjunction with the LTCHA and the

Regulation and, in the case of any conflict, the provisions of the LTCHA and the Regulation are authoritative.


CLICK HERE

Long-term care home complaint process

How to make a complaint about a long-term care home. The ministry will respond quickly to ​urgent complaints — in some cases, on the same day. For non-urgent complaints, contacting a home directly is often the best and fastest way to address a problem.


CLICK HERE


Ontario Long Term Care Association

The Ontario Long Term Care Association is the largest association of long-term care providers in Canada and the only association that represents the full mix of long-term care operators – private, not-for-profit, charitable, and municipal & represent nearly 70% of Ontario’s 630 long-term care homes, located in communities across the province.


CLICK HERE

LTCHA Section 26 – Whistle-Blowing Protection

(Page 84)

It is an offence to retaliate, whether by action or omission, or to threaten to retaliate

against someone for disclosing anything to the Director or an inspector or for providing

evidence in a legal proceeding. Retaliation includes:

• Dismissing, disciplining or suspending a staff member;

• Imposing a penalty on anyone; and

• Intimidating, coercing or harassing anyone.


For more information - CLICK HERE


Guide To Whistleblowing in Canada - KCY At Law

July 2020

What Legal Protections Can Whistleblowers in Canada Expect?


While there are increasing incentives from governments and regulators for whistleblowers to go public about corporate misconduct, protections for whistleblowers are still very limited. Few Canadian laws pertain directly to whistleblowing and therefore whistleblowers are mostly unprotected by statute.


CLICK HERE to read more

State of Whistleblowing Legislation in Canada

Canadian Employment & Labour Law 2014

The broadest protection for whistleblowers is found in the 2004 amendments to the Criminal Code. 

Section 425.1 of the Canadian Criminal Code prohibits employers from retaliating or threatening to take action against employees who provide information to law enforcement officials.

Firstly, it only applies to employer wrongdoing that constitutes a “criminal offense or otherwise unlawful act”. Secondly, it only protects employees who report to a person “whose duties include the enforcement of federal or provincial law”. So, while employers found in violation of this provision could face five years imprisonment, this provision has rarely been invoked.

CLICK HERE FOR MORE INFO

Related Articles on Whistleblower Protection in Ontario

Some of these articles go back a few years, which also proves there is an increased need for stronger and enforced laws for some time.

Ottawa Citizen - Oct 16, 2020

Advocates push to expand whistleblower protection for personal support workers in long-term care homes by Elizabeth Payne - CLICK HERE

Enhancing Whistleblower Protection - 

Submitted By Transparency International Canada - 2014 (includes comments from all years including 2020)

CLICK HERE

Ford must strengthen whistleblower protection for health care workers: NDP - Oct 19, 2020

QUEEN’S PARK — Doug Ford needs to honour the courage of personal support workers (PSWs) who are speaking out to protect seniors and residents in long-term care by putting decent whistleblower protections in place, said NDP MPP Joel Harden (Ottawa Centre) during question period on Monday. - CLICK HERE

COVID-19: WHISTLEBLOWERS IN LONG-TERM CARE - Oct 23, 2020

For many PSW’s and staff, they are the lowest paid yet face the most danger.

On top of that, there is little to no whistleblower protection for those workers so they can continue to work in unsafe conditions or take a chance on speaking up, and being fired. - CLICK HERE

Front-line workers won’t speak up without whistleblower protection, union leaders say - Hamilton Spectator By Katrina Clarke Sept. 12, 2020

Union leaders are calling on the province to better protect whistleblowers, warning that front-line workers won't speak out at a commission investigating the wildfire spread of COVID-19 in Ontario's long-term care homes. - CLICK HERE

Ontario Patient Ombudsman wants to hear from whistleblowers about long-term care homes - CBC News April 29, 2020

The province's Patient Ombudsman is calling for people to submit comments and complaints about long-term care homes province-wide. It says calls have tripled since the beginning of March and the COVID-19 pandemic . - CLICK HERE

SPECIAL REPORT 

October 2020 - PATIENT OMBUDSMAN

Honouring the voices and experiences of Long-Term Care Home residents, caregivers and staff during the first wave of COVID-19 in Ontario

In a recent article, scholars have argued in favour of expanding whistleblowing protections in relation to

the COVID-19 epidemic. In particular, they recommended a comprehensive framework to protect

whistleblowers from retaliation; encourage disclosure of unsafe, unethical and illegal practices; and

address workers fear of raising issues. - CLICK HERE

Whistleblower protection: The importance of internal policies - By Cherrine Chow & George Avraam on May 12, 2014

In Ontario, whistleblowers have some protection under the Occupational Health and Safety Act, Environmental Protection Act, and the Employment Standards Act, but this protection is limited to employees who raise issues or concerns of wrongdoing that are specific violations under those respective pieces of legislation and not general wrongdoing. In addition, under the Employment Standards Act, the protection is limited to situations where the employee brings the complaint to the Ministry of Labour or an employment standards officer. - CLICK HERE

The SARS Commission - 2006, v5, Section 7

Ontario health care workers need whistleblower protection to ensure that public health risks are reported promptly to public health authorities without fear of conse- quences. Without this protection, fear of workplace consequences might discourage the timely disclosure of public health risk. - CLICK HERE

For the full report click HERE

Whistleblower Legislation: Letting Health Care Workers Speak their Minds - Nov 2006 

Health care workers who have concerns about employer wrongdoing may increasingly feel free to speak their minds. Recent legislative initiatives at both the federal and provincial level look to provide some protection to whistleblowers. In particular, health care workers may be in a better position to raise concerns for their own safety and that of the public. - CLICK HERE

Patient Ombudsman

Patient Ombudsman takes protection of people who “blow the whistle” seriously - CLICK HERE

The State of Whistleblowing in Canada - June 6, 2013 by Yosie Saint-Cyr

Whistleblowing occurs when employees reveal corporate wrongdoing, usually in their organization, to law enforcement. Unfortunately, it is common for whistleblowers to experience demotion, dismissal and otherwise negative treatment from their employers after they disclose the malfeasance or corruption. - CLICK HERE

The Canadian PSW Network is proud to be the professional voice for PSWs in Ontario. We represent PSWs with professionalism and integrity.


The PSW Network is a neutral forum that advocates for Personal Support Workers, and works to advance the best interests of PSWs, and our industry.

The PSW Network provides valuable benefits such as educational, physical, mental, emotional, spiritual, and/or social networking opportunities and resources for PSWs & Health Care Workers.

The PSW Network positions itself to be fair and unbiased, and does not lobby for, or promote, any one specific commercial or non-commercial interest including, but not limited to any one union, professional association, educational institution and/or service, employment agency and/or facility, or political party.

We support in kind those who support our Network, it's mission, and its members, in any positive, professional and ethical manner with shared common core values & standards.

© 2018-2023 The Canadian PSW Network

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