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Homes for Special Care Act (amended)

BILL NO. 116

(as introduced)

2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010



Private Member's Bill



Homes for Special Care Act
(amended)



Geoff MacLellan
Glace Bay



First Reading: November 26, 2010

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill amends the Homes for Special Care Act to permit the creation of family councils in nursing homes and residential care facilities.

An Act to Amend Chapter 203
of the Revised Statutes, 1989,
the Homes for Special Care Act,
to Permit the Creation of Family Councils
in Nursing Homes and Residential Care Facilities

Be it enacted by the Governor and Assembly as follows:

1 Chapter 203 of the Revised Statutes, 1989, the Homes for Special Care Act, is amended by adding immediately after Section 13 the following Sections:

13A (1) Every nursing home and residential care facility may have a family council.

(2) Where a nursing home or residential care facility has no family council, a family member of a resident may request that the licensee establish a family council for the nursing home or residential care facility.

(3) Within thirty days of receiving a request pursuant to subsection (2), a licensee shall establish a family council.

(4) Within thirty days of the establishment a family council, the licensee shall notify the administrator of the nursing home or residential care facility.

13B (1) Subject to subsection (2), a family member of a resident is entitled to be a member of the family council of a nursing home or residential care facility.

(2) The following persons may not be members of the family council:

(a) the licensee and anyone involved in the management of the nursing home or residential care facility;

(b) an officer or director of the licensee or of a corporation that manages the nursing home or residential care facility;

(c) an individual with controlling interest in the licensee;

(d) the administrator of or any other person involved in the management of the nursing home or residential care facility;

(e) any other member of the staff of the nursing home or residential care facility;

(f) any person employed by the Department of Community Services or the Department of Health

13C Where a nursing home or residential care facility has no family council, the licensee shall

(a) regularly advise the residents' families of the right to establish a family council; and

(b) at any annual meeting of the nursing home or residential care facility, advise the residents' families of the right to establish a family council or, where in any year there is no such meeting, convene a meeting to so advise the families.

13D (1) The family council of a nursing home or residential care facility may

(a) provide assistance, information and advice to the family members of the residents, including when new residents are admitted to the nursing home or residential care facility;

(b) advise the family members of the rights of and obligations to residents under this Act and the regulations;

(c) attempt to resolve disputes between the licensee and the residents;

(d) review

(i) inspection reports,

(ii) the detailed allocation, by the licensee, of funding received by the Department of Community Services or the Department of Health for the operation of the nursing home or residential care facility,

(iii) the detailed breakdown and allocation of funding amounts paid by patients, and

(iv) the operation of the nursing home or residential care facility;

(e) advise the licensee of any concerns or recommendations the family council has respecting the operation of the nursing home or residential care facility;

(f) report to the administrator of the nursing home or residential care facility any concerns and recommendations that, in the family council's opinion, ought to be brought to the administrator's attention

(2) Where the family council has advised the licensee or the administrator of the nursing home or residential care facility of any concerns or recommendations under clause (1)(e) or (f), the licensee or the administrator, as the case may be, shall, within ten days of being advised of the concerns or recommendations, respond to the family council in writing.

13E (1) Where requested by the family council of a nursing home or residential care facility, the licensee shall appoint an assistant to the family council who is acceptable to the family council.

(2) In carrying out his or her duties, the assistant to the family council shall take instructions from and report to the family council and, where requested by the family council, ensure the confidentiality of the assistant's relations with the family council.

13F (1) The licensee and the administrator of a nursing home or residential care facility shall co-operate with the family council and provide it with the financial and other information requested for the purpose of clause 13D(1)(e).

(2) When invited by the family council of a nursing home or residential care facility, the licensee and the administrator of the nursing home or residential care facility shall meet with the family council and, where the licensee is a corporation, representatives of the corporation shall meet with the family council.

(3) A licensee and the administrator of a nursing home or residential care facility shall only attend a meeting of the family council if invited and shall ensure that other persons involved in the management or operation of the nursing home or residential care facility and any other members of the staff of the nursing home or residential care facility only attend a meeting of the family council if invited.

(4) A licensee or the administrator of a nursing home or residential care facility shall

(a) not interfere with the meetings or operation of the family council;

(b) not prevent a member of the family council from entering the facility to attend a meeting of the family council and not otherwise hinder, obstruct or interfere with such a member carrying out the member's functions as a member of the family council;

(c) not prevent the assistant to the family council from entering the facility to carry out the assistant's duties as the assistant to the family council or otherwise hinder, obstruct or interfere with the assistant carrying out those duties; and

(d) ensure that no other person involved in the management or operation of the home or member of the staff of the nursing home or residential care facility does anything that the licensee or administrator is forbidden to do under clauses (a) to (c).

(5) A licensee and or the administrator of a nursing home or residential care facility has a duty to consult with the family council and, in any case, shall consult with it at least once in every three months.

13G No action or other proceeding may be commenced against a member of a family council or the assistant to a family council for anything done or omitted to be done in good faith in the capacity as a member of the family council or assistant or assistant to the family council.


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2010 Crown in right of Nova Scotia. Created November 26, 2010. Send comments to legc.office@novascotia.ca.