Community Care and Assisted Living Act

Community Care and Assisted Living Act 75 2002 November 26, 2002 781755088/02075/tlc02075_f E4tlc02075 1 Definitions and Application of Act Definitions 1 In this Act: adult means a person 19 years of age or older; assisted living residence means a premises or part of a premises, other than a community care facility, a in which housing, hospitality services and assisted living services are provided by or through the operator to 3 or more adults who i are not related by blood or marriage to the operator of the premises, and ii do not require, on a regular basis, unscheduled professional health services, or b designated by the Lieutenant Governor in Council to be an assisted living residence; assisted living services means one or more of the following: a assistance with the activities of daily living, including eating, moving about, dressing and grooming, bathing and other forms of personal hygiene; b assistance with managing medication; c assistance with the safekeeping of money and other personal property; d assistance with managing therapeutic diets; e assistance with behaviour management; f psychosocial supports; g other types of prescribed assistance or support; board means the Community Care and Assisted Living Appeal Board continued under section 29; care means supervision that is provided to a a child through a prescribed program, b a child or youth through a prescribed residential program, or c an adult who is i vulnerable because of family circumstances, age, disability, illness or frailty, and ii dependent on caregivers for continuing assistance or direction; child means a person under the age of 13 years; community care facility means a premises or part of a premises a in which a person provides care to 3 or more persons who are not related by blood or marriage to the person and includes any other premises or part of a premises that, in the opinion of the medical health officer, is used in conjunction with the community care facility for the purpose of providing care, or b designated by the Lieutenant Governor in Council to be a community care facility; director of licensing means the director of licensing designated under section 3 and includes, for the purposes of a delegation made under section 3 (2), the person to whom the delegation is made; employee includes a a volunteer, b a person providing services under contract or other person ordinarily present at a community care facility but does not include a person in care, or c a person providing services under a contract or other person ordinarily present at an assisted living residence but does not include a resident; health authority means a body designated under section 4 of the Health Authorities Act ; hospitality services means meal services, housekeeping services, laundry services, social and recreational opportunities and a 24-hour emergency response system; licence means a licence issued under section 11; licensee means a person, including an aboriginal governing body however organized and established by aboriginal people within their traditional territory in British Columbia, that holds a licence; manager means an individual whom the licensee has authorized to manage the operation of the community care facility; medical health officer means a medical health officer designated under the Public Health Act ; minister includes a person designated in writing by the minister; municipality includes a a regional district, and b a local trust committee as defined in the Islands Trust Act ; official website means a website that a is maintained by or on behalf of i the health authority that employs a medical health officer, for the purposes of sections 15.1 to 15.4, or ii the government, for the purposes of sections 25.4 to 25.7, and b is publicly and freely accessible; person in care means a person who resides in or attends a community care facility for the purpose of receiving care; premises means a building or structure and includes outside areas adjacent to the building or structure ordinarily used in the course of providing services; professional health services means health services provided a by a licensee within the meaning of the Health Professions and Occupations Act , or b by a social worker who is a registrant as defined in the Social Workers Act ; registrant means an operator of an assisted living residence registered under section 25; registrar means the assisted living registrar designated under section 24 and includes, for the purposes of a delegation under section 24 (2), the person to whom the delegation is made; registration means a registration under section 25 (1); resident means a person who a receives housing, hospitality services and assisted living services at an assisted living residence described in paragraph (a) of the definition of "assisted living residence" and, if the person resides together with the person's spouse at the residence, includes the person's spouse, or b receives housing and other services at an assisted living residence described in paragraph (b) of the definition of "assisted living residence" and, if the person resides together with the person's spouse at the residence, includes the person's spouse; sibling group means a group of 3 or more children a who reside in the same household if they are in the care of a person who is, with respect to each child, i a parent of the child, ii a person with whom the child is placed under the Child, Family and Community Service Act , iii a person who has custody or guardianship of the child under an order of a court, or iv the spouse of a person referred to in subparagraph (i) or (iii) if that person resides in the household, or b who are recognized by the director of licensing as a sibling group; spouse means a person who a is married to another person, or b has lived with another person in a marriage-like relationship for a continuous period of at least 2 years; youth means a person who is neither a child nor an adult for the purposes of this Act. Application 2 This Act does not apply to any of the following: a a school under the School Act , other than the facilities of the school that are used for the provision of a child care program as defined in that Act; b a school under the Independent School Act ; c a francophone school under the School Act , other than the facilities of the francophone school that are used for the provision of a child care program as defined in that Act; d a hospital or portion of a hospital as defined in the Hospital Act ; e a home approved as a foster home under the Child, Family and Community Service Act ; f a correctional centre or youth custody centre; g a school primarily providing, in the opinion of the director of licensing, educational training for children 6 years of age or older; h a designated facility under the Mental Health Act ; i a home providing day care for a sibling group only; j a community care facility that is exempted, or is within a class exempted, under section 34 (5) (d); k an assisted living residence that is exempted, or is within a class exempted, under section 34 (5) (d). 2 Community Care Facilities Director of licensing 3 1 The minister must designate a person who is employed under the Public Service Act to be the director of licensing. 2 The director of licensing may delegate, in writing, any power or duty of the director of licensing under this Act to a a person who, in the opinion of the director of licensing, possesses the experience and qualifications suitable to carry out the tasks as delegated, or b a medical health officer. 3 A delegation under subsection (2) may include any terms or conditions the director of licensing considers advisable. Powers of director of licensing 4 1 Subject to this Act and the regulations, the director of licensing may a require a health authority to provide routine or special reports on i the operation of licensed community care facilities within the area for which the health authority has responsibility, ii the operation of the licensing program of the health authority, and iii the results of any investigations of community care facilities, or investigations of complaints, conducted for it within the area for which it has responsibility, b inspect or make an order for the inspection of any books, records or premises in connection with the operation of a community care facility, c require a health authority to conduct an audit of the operations of a community care facility, d carry out or order the investigation of i a prescribed reportable incident at a licensed community care facility, or ii a matter affecting the health or safety of a person in care, e specify policies and standards of practice for all community care facilities or a class of community care facilities, and f make other orders the director of licensing considers necessary for the proper operation of a community care facility or for the health and safety of persons in care, including an order that is contrary to the decision of a medical health officer. 2 A health authority must ensure that its employees and appointees comply with an order made under subsection (1). Operating or advertising without a licence 5 A person who does not hold a licence must not a operate, or hold themselves out as operating, a community care facility, b provide, or hold themselves out as providing, care in a community care facility, or c accommodate, or hold themselves out as accommodating, a person who, in the opinion of a medical health officer, requires care in a community care facility. Age of licensee or manager 6 A person must be an adult to be a licensee or to manage a community care facility. Standards to be maintained 7 1 A licensee must do all of the following: a employ at a community care facility only persons of good character who meet the standards for employees specified in the regulations; b operate the community care facility in a manner that will promote i the health, safety and dignity of persons in care, and ii in the case of adult persons in care, the rights of those persons in care; c display the licence in the prescribed manner; c.1 display the rights of adult persons in care i in a prominent place in the community care facility, and ii in a form and in the manner acceptable to the minister; c.2 make the rights of adult persons in care known, orally and in writing, to persons in care and their families and representatives; d appoint a manager for the community care facility. 1.1 For the purposes of subsection (1) (b), (c.1) and (c.2), the rights of adult persons in care are the rights set out in section 1 of the Schedule. 1.2 The minister may make orders for the purposes of subsection (1) (c.1) (ii). 2 For purposes of subsection (1) (d), a licensee who is not a corporation may also be a manager. Certification of educators of children 8 1 A certificate may be issued to a person in accordance with the regulations stating that the person has the qualifications required by the regulations for certification as an educator of children, or as an educator in the manner specified in the certificate respecting children, at a community care facility. 2 A certificate issued under subsection (1) or under section 9 of the Community Care Facility Act , R.S.B.C. 1996, c. 60, may be suspended or cancelled, or terms and conditions may be attached to it, following a hearing established and conducted in accordance with the regulations. Inspection of licensed community care facilities 9 1 The director of licensing or a medical health officer may exercise the powers under subsection (2) a to determine if a licensee is complying with this Act, the regulations or the terms and conditions of the licence, b to investigate a prescribed reportable incident at a licensed community care facility, or c to determine if there is a risk to the health, safety or dignity of a person in care at a licensed community care facility. 2 For the purposes under subsection (1), the director of licensing or a medical health officer may do the following during the hours of operation of a licensed community care facility: a enter and inspect any part of the community care facility; b require the licensee to produce for inspection or for the purpose of obtaining copies or extracts the financial and other records that can reasonably be presumed to contain information relevant to the purpose for entering the community care facility; c inquire into and inspect all matters concerning the community care facility, its operations, employees and persons in care, including any treatment or rehabilitation program carried out in the community care facility; d make a record of matters described in paragraph (c) and of the condition of the community care facility. Powers in relation to unlicensed premises 9.1 1 In this section, unlicensed premises means a premises that is not licensed and is being used or is intended to be used as a community care facility. 2 Subject to subsection (3), if there are reasonable grounds to believe that a premises is an unlicensed premises or that there is a risk to the health or safety of a person residing at or attending unlicensed premises, the director of licensing or a medical health officer may exercise the following powers: a enter and inspect any part of the unlicensed premises; b require the owner of the unlicensed premises or occupant having control of the unlicensed premises to produce for inspection or for the purpose of obtaining copies or extracts the financial and other records that can reasonably be presumed to contain information relevant to the purpose for entering the premises; c request from the owner of the unlicensed premises, the occupant having control of the unlicensed premises or the staff of either full information respecting i the purpose for which the premises is being used or is intended to be used, ii the operations and staff at the premises and the persons residing at or attending the premises, iii the treatments or rehabilitation being given to persons residing at or attending the premises, and iv the health and safety of persons residing at or attending the premises; d make a record of matters described in paragraph (c) and of the condition of the unlicensed premises. 3 The director of licensing or a medical health officer must not exercise the powers under subsection (2) unless a the owner of the unlicensed premises or occupant having control of the unlicensed premises consents, or b the exercise of the powers is authorized by a warrant issued under subsection (4). 4 A justice may issue a warrant authorizing the director of licensing or a medical health officer to exercise the powers under subsection (2) if satisfied by evidence given under oath that a there are reasonable grounds to believe that a premises is an unlicensed premises or that there is a risk to the health or safety of a person residing at or attending the unlicensed premises, and b the owner of the unlicensed premises or occupant having control of the unlicensed premises has refused to allow the director of licensing or medical health officer to exercise the powers or there are reasonable grounds to believe that the owner or occupant having control will refuse to allow the director of licensing or medical health officer to exercise the powers. 5 The director of licensing or a medical health officer must not use force to execute a warrant issued under subsection (4) unless the use of force is specifically authorized by the warrant. 6 Despite subsection (3), the director of licensing or a medical health officer may exercise the powers under subsection (2) if there are reasonable grounds to believe that there is an immediate risk to the health or safety of a person residing at or attending the unlicensed premises. Copies admissible in evidence 9.2 A copy or an extract obtained under section 9 or 9.1, certified as a true copy of or extract from the original by the director of licensing or a medical health officer, as applicable, is admissible in evidence to the same extent as, and has the same evidentiary value as, the record of which it is a copy or from which it is an extract. Not operating 10 If a licensee does not operate a premises as a community care facility at any time during a 12 consecutive month period, a the licence expires automatically on the last day of the 12th month, and b the person in possession of the licence must immediately surrender that licence to a medical health officer. Powers of medical health officer 11 0.1 In this section, director , in relation to a corporation that is a board of education as defined in the School Act , includes a secrétaire trésorier as defined in section 1 (1) of that Act or an individual appointed as a secretary treasurer under section 23 of that Act. 1 Subject to this Act and the regulations, a medical health officer may issue to an applicant a licence to operate a community care facility and specify in the licence the types of care that may be provided in the community care facility. 2 A medical health officer must not issue a licence under subsection (1) unless the medical health officer is of the opinion that the applicant, a if a person, other than a corporation, i is of good character, ii has the training, experience and other qualifications required under the regulations, iii has the personality, ability and temperament necessary to operate a community care facility in a manner that will maintain the spirit, dignity and individuality of the persons being cared for, and iv agrees to be readily available to respond to inquiries from the director of licensing or the medical health officer and to provide to them financial and other records of the community care facility that can reasonably be presumed to contain information relevant to the administration of this Act and the regulations, or b if a corporation, i has a director permanently resident in British Columbia or a prescribed province who agrees to be available by telephone or other communication medium to respond to inquiries from the director of licensing or the medical health officer within 24 hours of a request and to provide to them financial and other records of the community care facility that can reasonably be presumed to contain information relevant to the administration of this Act and the regulations, ii has appointed as manager of the community care facility a person who meets the requirements under paragraph (a), and iii has delegated to that manager full authority to operate the community care facility in accordance with the requirements of this Act and the regulations. 3 On issuing a licence under subsection (1), a medical health officer may attach to the licence the terms and conditions that the medical health officer considers necessary or advisable to protect or promote the health and safety of persons in care. 4 In considering whether to attach terms and conditions under subsection (3), the medical health officer must have regard to the standards of practice specified by the director of licensing under section 4 (1) (e). 5 A licence issued under subsection (1) is cancelled if its holder assigns or otherwise transfers it to another person. Not in force 12 [Not in force.] Suspension or cancellation of licence 13 1 A medical health officer may suspend or cancel a licence, attach terms or conditions to a licence or vary the existing terms and conditions of a licence if, in the opinion of the medical health officer, the licensee a no longer complies with this Act or the regulations, b has contravened a relevant enactment of British Columbia or of Canada, or c has contravened a term or condition of the licence. 2 If a medical health officer suspends or cancels a licence, the licensee, a corporation of which the licensee is an insider or an associate of the licensee are prohibited from applying for a new licence with respect to any premises that the licensee proposes to use as a community care facility for a one year from the date of the decision to cancel the licence, or b the period of the licence suspension. 3 In this section: associate has the same meaning as in section 192 (1) of the Business Corporations Act ; insider has the same meaning as in section 192 (1) of the Business Corporations Act . Summary action 14 A medical health officer may suspend a licence, attach terms or conditions to the licence, or vary terms or conditions of that licence, without notice if the medical health officer has reasonable grounds to believe that there is an immediate risk to the health or safety of a person in care. Duties of the medical health officer 15 1 A medical health officer must, within the area for which the medical health officer is appointed, a investigate every application for a licence to operate a community care facility or any other matter relevant to the application, b investigate every complaint that i an unlicensed community care facility is being operated, or ii a licensed community care facility is being operated that does not comply with this Act, the regulations or the terms or conditions of its licence, c carry out inspections of any community care facility that is being operated, and d perform additional duties in the administration of this Act or the regulations that the Lieutenant Governor in Council, the minister or the director of licensing may order. 2 A medical health officer may continue and complete an investigation of a licensee or a former licensee after a the licence has expired or been cancelled or suspended, or b the licensee has surrendered the licence. 3 If a medical health officer receives a complaint in respect of a community care facility within the area for which the medical health officer is appointed, but the complaint does not raise a matter described in subsection (1) (b), the medical health officer may a refer the complaint, including all information submitted with the complaint, to the person responsible for the appropriate program of the health authority having responsibility for the area in which the facility is located or to another appropriate agency, and b notify the complainant that the complaint has been referred and to whom. Publication of licence information 15.1 1 Within 30 days after issuing a licence, a medical health officer must publish on an official website all of the following information: a the licensee's name; b the name and address of the licensee's community care facility. 2 Despite subsection (1), a medical health officer is not required to publish the address of a licensee's community care facility if a the licensee applies for an exemption from that requirement, and b the medical health officer is satisfied that publishing the address would present a risk to the health or safety of persons in care in the licensee's facility. Publication of reports respecting licensed facility 15.2 1 Within a prescribed period after completing an investigation or inspection of a licensed community care facility, a medical health officer must publish on an official website a report summarizing a the findings of the investigation or inspection, and b the actions, if any, taken or to be taken in response to those findings by the medical health officer and the licensee. 2 Despite subsection (1), a medical health officer is not required to publish information under that subsection if the investigation or inspection is in response to a complaint that the medical health officer finds to be frivolous, vexatious or unsubstantiated. 3 A medical health officer must promptly remove information respecting investigations, published under this section, once 5 years have passed since publication. 4 A medical health officer may remove information respecting inspections that was published under this section once 5 years have passed since publication. Publication of reports respecting unlicensed premises 15.3 1 Within a prescribed period after finding, on completion of an inspection, that a person is operating an unlicensed premises within the meaning of section 9.1, a medical health officer must publish on an official website all of the following information: a the name of the person found to be operating an unlicensed premises; b the name and address of the unlicensed premises; c a report summarizing i the findings of the inspection, and ii the actions, if any, taken or to be taken in response to those findings by the medical health officer and the person found to be operating an unlicensed premises. 2 Within a prescribed period after completing a follow-up inspection of a premises that was previously the subject of publication under subsection (1), a medical health officer must publish on an official website a report summarizing a the findings of the follow-up inspection, and b the actions, if any, taken in response to the findings of the follow-up inspection by the medical health officer and the person found to be operating an unlicensed premises. 3 A medical health officer must promptly remove information that was published under this section if a licence is subsequently issued in respect of the community care facility. 4 If subsection (3) does not apply, a medical health officer may remove information that was published under this section once 5 years have passed since publication. Publication generally 15.4 1 A medical health officer must, if required by the regulations, publish on an official website a information that is in addition to that required to be published under sections 15.1 to 15.3, and b information respecting licensed and unlicensed community care facilities generally. 2 A medical health officer who is required under this Act to publish information on an official website must do so in accordance with the regulations, if any. Exemptions 16 1 A medical health officer may grant an exemption from a requirement of this Act or the regulations to a licensee or an applicant for a licence who applies for the exemption, if satisfied that a there will be no increased risk to the health and safety of persons in care, and b the exemption meets prescribed requirements. 2 A medical health officer may attach terms and conditions to the exemption and suspend, cancel or vary an exemption granted under subsection (1) in the same manner as under sections 13 and 14. Prohibition against interfering with director of licensing or medical health officer 16.1 A person must not interfere with, hinder or obstruct the director of licensing or a medical health officer when the director of licensing or medical health officer is exercising a power or performing a duty under this Act. Reconsideration 17 1 In this section: action , in relation to a licence, means a a refusal to issue a licence under section 11 (1), b an attachment, under section 11 (3), of terms or conditions, c a suspension or cancellation, an attachment of terms or conditions, or a variation of terms or conditions under section 13 (1), or d a suspension or cancellation of an exemption or an attachment or variation of terms or conditions under section 16 (2); summary action means a suspension of a licence, an attachment of terms or conditions to the licence, or a variation of those terms or conditions under section 14; written response means a written response referred to in subsection (2) (b). 2 Thirty days before taking an action or as soon as practicable after taking a summary action, a medical health officer must give the licensee or applicant for the licence a written reasons for the action or summary action, and b written notice that the licensee or applicant for the licence may give a written response to the medical health officer setting out reasons why the medical health officer should act under subsection (3) (a) or (b) respecting the action or summary action. 3 On receipt of a written response, the medical health officer may, to give proper effect to section 11, 13, 14 or 16 in the circumstances, a delay or suspend the implementation of an action or a summary action until the medical health officer makes a decision under paragraph (b), or b confirm, rescind, vary, or substitute for the action or summary action. 4 A medical health officer must not act under subsection (3) (a) unless the medical health officer is satisfied that a further time is needed to consider the written response, b the written response sets out facts or arguments that, if confirmed, would establish reasonable grounds for the medical health officer to act under subsection (3) (b), and c it is reasonable to conclude that i if the delay or suspension is granted, the health or safety of no person in care will be placed at risk, and ii the licensee or applicant for the licence will suffer a significant loss during the proposed delay or suspension, if the delay or suspension is not granted. 5 A medical health officer must give written reasons to the licensee or applicant for the licence on acting or declining to act under subsection (3). 6 A licensee or applicant for the licence may not give a medical health officer a further written response concerning an action or summary action on or after receipt of written reasons under subsection (5) concerning the action or summary action. Certain advertisements or inducements prohibited 18 1 In this section: licensee includes an officer or director of the licensee and an agent, designate or employee of the licensee; personal representative includes the following: a an executor within the meaning of the Wills, Estates and Succession Act ; b a representative under the Representation Agreement Act ; c a trustee of an estate or part of an estate under administration; d an attorney acting under a power of attorney; e a committee under the Patients Property Act . 2 A licensee must not bring, or cause to be brought, advertise for or in any way encourage the entry into British Columbia of a person under 19 years of age to become a person in care without first obtaining the written approval of the director designated under the Child, Family and Community Service Act . 3 A licensee must not do any of the following: a persuade or induce, or attempt to persuade or induce, a person in care to i make or alter a will, ii make a gift, iii provide a benefit for the licensee, the licensee's spouse, relative or friend, or iv conduct the financial affairs of the person in care for the benefit of the licensee, the licensee's spouse, relative or friend; b require that a person seeking admission to a community care facility, as a condition of admission, make any payment or donation other than as specified in a written contract; c act under the authority of a power of attorney or enduring power of attorney under the Power of Attorney Act , granted to the licensee by a person in care; d act as a personal representative of the estate of a person in care or formerly in care, unless the licensee is a child, parent or spouse of the person in care or formerly in care; e act as a representative under an agreement made under the Representation Agreement Act by a person in care or formerly in care. 4 A provision of a will, an alteration of a will, a gift, a provision of a benefit or another measure described in subsection (3) (a) (i) to (iv) is void if a it confers a benefit on the licensee or the licensee's spouse, relative or friend, and b the Public Guardian and Trustee has not given written consent to it. 5 A power of attorney or enduring power of attorney as described in subsection (3) (c), or a disposition made under either of them, is void unless a the licensee is a child, parent or spouse of the person in care. b [Repealed 2010-6-147.] 6 For the purposes of subsection (4) (a), a benefit conferred by a will, an alteration of a will, a gift, a provision of a benefit or another measure described in subsection (3) (a) (i) to (iv), is deemed to be conferred at the time the will, alteration, gift or provision is made or the other measure is taken. Repayment agreements 19 If a person prepays part of the cost of services provided by a class of community care facilities designated by the Lieutenant Governor in Council, the licensee must, at the time of the prepayment, deliver to the person a written statement setting out the terms and conditions on which a refund of all or any of the prepayment will be made. Certain laws not to apply 20 1 This section applies to a community care facility a for which a licence has been issued, b that is being, or is to be, used i as a day care for no more than 8 persons in care, or ii as a residence for no more than 10 persons, not more than 6 of whom are persons in care, c from which, in the event of a fire, persons in care can safely exit unaided or be removed by its staff, and d that complies with all enactments of British Columbia and the municipality where the community care facility is located that relate to fire and health respecting a single family dwelling house. 2 A provision in an enactment of British Columbia, other than this Act, or of a municipality, does not apply to a community care facility described in subsection (1) if that provision would a limit the number of persons in care who may be accepted or accommodated at the community care facility, b limit the types of care that may be provided to persons in care at the community care facility, or c apply to the community care facility only because i it is not being used as a single family dwelling house, or ii it operates as a community care facility, a charitable enterprise or a commercial venture. Arbitration in case of conflicting regulations 21 1 If a municipality refuses an application for a variation of, or for an exemption from, an enactment of the municipality relating to fire and health respecting a single family dwelling house, the applicant for a licence to use as a community care facility a premises that does not comply with the enactment may notify the minister and the municipality in writing that the applicant requires the matter to be determined by arbitration. 2 On receiving the notification under subsection (1), the minister must appoint an arbitrator. 3 An arbitrator appointed under subsection (2), after considering the public interest, may a dismiss the application, or b order that the applicant be exempted from the enactment. 4 An order made under subsection (3) is final and binding on the applicant and the municipality, and if the premises is exempted under subsection (3) (b), subsequent owners of the premises continue, subject to compliance with this Act, to be exempted from the enactment so long as the premises is operated by a licensee as a community care facility. 5 Except as otherwise provided in this section, the Arbitration Act applies to an arbitration under this Act, but the applicant for a licence must pay the fees and expenses described in section 26 (1) of the Arbitration Act . Protection for persons who report abuse 22 1 In this section, report of abuse means a report made in good faith that a licensee or an employee or agent of a licensee has committed abuse against a person in care. 2 No action or other proceeding may be brought against a person for making a report of abuse. 3 A licensee must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee or agent of the licensee, or deny the employee or agent a benefit, for making a report of abuse. 4 A licensee or other person must not interrupt, discontinue or otherwise adversely affect, or threaten to interrupt, discontinue or otherwise adversely affect, service to a person in care as a result of a a report of abuse, or b a suggested or stated intention to make a report of abuse. Appointment of administrator 23 1 The minister may appoint an administrator to operate a community care facility for a period specified by the minister if the minister has reasonable grounds to believe that there is a risk to the health or safety of a person in care. 2 The minister must serve the licensee or operator with notice of the appointment of an administrator. 3 The administrator may exercise all powers necessary to continue the operation of the community care facility and, without limitation, may a hire staff and pay their remuneration, b order the persons in care to pay any fees or charges directly to the administrator, and c notify the minister responsible for the administration of the Financial Administration Act of the appointment. 4 If the minister responsible for the administration of the Financial Administration Act is notified of an administrator's appointment, all payments by the government for services provided to persons cared for at that community care facility must be made directly to the administrator. 5 The administrator must provide to the minister an accounting of the operation of the community care facility at the end of the period of the appointment, and any excess of revenue over expenditure must, after deduction of the administrator's fees, be paid to the licensee or operator. 6 The minister must determine the fees to be paid to the administrator, but, if there is insufficient money to pay those fees under subsection (5), the minister must pay the difference. 7 If the minister must pay the difference under subsection (6), the amount of the difference is a debt owed by the licensee or operator to the government and the debt is payable on demand. 3 Assisted Living Residences Assisted living registrar 24 1 The minister must designate a person to be the assisted living registrar. 2 The registrar may delegate, in writing, any power or duty of the registrar under this Act to a person who, in the opinion of the registrar, possesses the experience and qualifications suitable to carry out the tasks as delegated. 3 A delegation under subsection (2) may include any terms or conditions the registrar considers advisable. Registration 25 1 Subject to this Act and the regulations, the registrar may, on application, register an assisted living residence. 2 The registrar must not register an assisted living residence unless a the applicant applies in a manner that is satisfactory to the registrar, b the registrar is of the opinion that the housing, hospitality services and assisted living services to be provided to residents will be provided in a manner that will not jeopardize their health or safety, and c the registrar is of the opinion that the applicant has the training, experience and other qualifications required under the regulations. 3 On registering an assisted living residence, the registrar may attach to the registration the conditions that the registrar considers necessary or advisable to protect the health and safety of residents. Inspection of registered assisted living residences 25.1 1 The registrar may exercise the powers under subsection (2) a to determine if a registrant is complying with this Act, the regulations or the conditions of the registration, b to investigate a prescribed reportable incident at a registered assisted living residence, or c to determine if there is a risk to the health or safety of a resident at a registered assisted living residence. 2 Subject to subsection (3), the registrar may, for the purposes under subsection (1), do the following during the hours of operation of a registered assisted living residence: a enter and inspect any part of the assisted living residence; b require the registrant to produce for inspection or for the purpose of obtaining copies or extracts the financial and other records that can reasonably be presumed to contain information relevant to the purpose for entering the assisted living residence; c inquire into and inspect all matters concerning the assisted living residence, its operations, employees and residents, including hospitality services and assisted living services provided at the residence; d make a record of matters described in paragraph (c) and of the condition of the assisted living residence. 3 The registrar must not enter and inspect the personal residence of a resident when exercising the powers under subsection (2) unless a the resident consents, or b the entry and inspection are authorized by a warrant issued under subsection (4). 4 A justice may issue a warrant authorizing the registrar to enter and inspect the personal residence of a resident if satisfied by evidence given under oath that a there are reasonable grounds to believe that it is necessary to enter and inspect the personal residence for a purpose under subsection (1), and b the resident has refused to allow the registrar to enter and inspect the personal residence or there are reasonable grounds to believe that the resident will refuse entry and inspection. 5 The registrar must not use force to execute a warrant issued under subsection (4) unless the use of force is specifically authorized by the warrant. 6 Despite subsection (3), the registrar may enter and inspect the personal residence of a resident if there are reasonable grounds to believe that there is an immediate risk to the health or safety of the resident. Powers in relation to unregistered premises 25.2 1 In this section: dwelling unit means the part of unregistered premises that is the personal residence of a resident; non-dwelling area means the part of unregistered premises that does not include dwelling units; resident means a person who resides at unregistered premises; unregistered premises means a premises that is not registered and is being used or is intended to be used as an assisted living residence described in paragraph (a) of the definition of "assisted living residence". 2 Subject to subsections (3) and (4), if there are reasonable grounds to believe that a premises is an unregistered premises or that there is a risk to the health or safety of a resident, the registrar may exercise the following powers: a enter and inspect any part of the unregistered premises; b require the owner of the non-dwelling area or occupant having control of the non-dwelling area to produce for inspection or for the purpose of obtaining copies or extracts the financial and other records that can reasonably be presumed to contain information relevant to the purpose for entering the unregistered premises; c request from the owner of the non-dwelling area, the occupant having control of the non-dwelling area or the staff of either full information respecting i the purpose for which the unregistered premises is being used or is intended to be used, ii the operations, residents and staff at the premises, iii the services being provided to residents at the premises, and iv the health and safety of residents; d make a record of matters described in paragraph (c) and of the condition of the unregistered premises. 3 The registrar must not enter and inspect a non-dwelling area of unregistered premises and must not exercise the powers under subsection (2) (b), (c) and (d) in respect of those unregistered premises unless a the owner of the non-dwelling area or occupant having control of the non-dwelling area consents, or b the entry, inspection and exercise of those powers are authorized by a warrant issued under subsection (5). 4 The registrar must not enter and inspect a dwelling unit unless a the resident of the dwelling unit consents, or b the entry and inspection are authorized by a warrant issued under subsection (5). 5 A justice may issue a warrant authorizing the registrar to enter and inspect unregistered premises, including a dwelling unit, and exercise the powers under subsection (2) (b), (c) and (d) if satisfied by evidence given under oath that a there are reasonable grounds to believe that a premises is an unregistered premises or that there is a risk to the health or safety of a resident, and b the appropriate consent referred to in subsection (3) (a) or (4) (a) has been refused or there are reasonable grounds to believe that the consent will be refused. 6 The registrar must not use force to execute a warrant issued under subsection (5) unless the use of force is specifically authorized by the warrant. 7 Despite subsections (3) and (4), the registrar may exercise the powers under subsection (2) if there are reasonable grounds to believe that there is an immediate risk to the health or safety of a resident. Copies admissible in evidence 25.3 A copy or an extract obtained under section 25.1 or 25.2, certified as a true copy of or extract from the original by the registrar, is admissible in evidence to the same extent as, and has the same evidentiary value as, the record of which it is a copy or from which it is an extract. Publication of registration information 25.4 1 Within 30 days after registering an assisted living residence, the registrar must publish on an official website all of the following information: a the registrant's name; b the name and address of the registrant's assisted living residence. 2 Despite subsection (1), the registrar is not required to publish the address of a registrant's assisted living residence if a the registrant applies for an exemption from that requirement, and b the registrar is satisfied that publishing the address would present a risk to the health or safety of residents in the registrant's assisted living residence. Publication of reports respecting registered residence 25.5 1 Within a prescribed period after completing an inspection of a registered assisted living residence, the registrar must publish on an official website a report summarizing a the findings of the inspection, and b the actions, if any, taken or to be taken in response to those findings by the registrar and the registrant. 2 Despite subsection (1), the registrar is not required to publish information under that subsection if the inspection is in response to a complaint that the registrar finds to be frivolous, vexatious or unsubstantiated. 3 The registrar must promptly remove information respecting inspections made in response to complaints, published under this section, once 5 years have passed since publication. 4 If subsection (3) does not apply, the registrar may remove information that was published under this section once 5 years have passed since publication. Publication of reports respecting unregistered premises 25.6 1 Within a prescribed period after finding, on completion of an inspection, that a person is operating an unregistered premises within the meaning of section 25.2, the registrar must publish on an official website all of the following information: a the name of the person found to be operating an unregistered premises; b the name and address of the unregistered premises; c a report summarizing i the findings of the inspection, and ii the actions, if any, taken or to be taken in response to those findings by the registrar and the person found to be operating an unregistered premises. 2 Within a prescribed period after completing a follow-up inspection of a premises that was previously the subject of publication under subsection (1), the registrar must publish on an official website a report summarizing a the findings of the follow-up inspection, and b the actions, if any, taken in response to the findings of the follow-up inspection by the registrar and the person found to be operating an unregistered premises. 3 The registrar must promptly remove information that was published under this section if the assisted living residence is subsequently registered. 4 If subsection (3) does not apply, the registrar may remove information that was published under this section once 5 years have passed since publication. Publication generally 25.7 1 The registrar must, if required by the regulations, publish on an official website a information that is in addition to that required to be published under sections 25.4 to 25.6, and b information respecting registered and unregistered assisted living residences generally. 2 If the registrar is required under this Act to publish information on an official website, the registrar must do so in accordance with the regulations, if any.

Operating an assisted living residence 26 1 A person must not operate an assisted living residence that is not registered under section 25 (1). 2) to (4 [Repealed 2016-13-10.] 5 A registrant must ensure that the assisted living residence is operated in a manner that does not jeopardize the health or safety of its residents. 6 [Repealed 2016-13-10.] Persons not allowed to reside in an assisted living residence 26.1 1 A registrant of an assisted living residence must not allow a person to reside in the residence if the person a is unable to make, on their own behalf, decisions that are necessary to live safely, b cannot recognize an emergency, take steps to protect themselves in an emergency or follow directions in an emergency, c behaves in a manner that jeopardizes the health or safety of others, or d requires, on a regular basis, unscheduled professional health services. 2 Subsection (1) (a) does not apply to a person in the following situations: a the spouse of the person i resides together with the person in the assisted living residence, and ii is able to make the decisions referred to in subsection (1) (a) on behalf of that person; b the spouse referred to in paragraph (a) of this subsection is temporarily absent from the assisted living residence and another adult i resides together with the person in the assisted living residence during the absence of the spouse, and ii is able to make the decisions referred to in subsection (1) (a) on behalf of that person. Prohibition against interfering with registrar 26.2 A person must not interfere with, hinder or obstruct the registrar when the registrar is exercising a power or performing a duty under this Act. Suspension or cancellation of registration 27 The registrar may suspend or cancel a registration, attach conditions to a registration or vary the conditions of a registration if, in the opinion of the registrar, the registrant a no longer complies with this Act or the regulations, b has contravened a relevant enactment of British Columbia or of Canada, or c has contravened a condition of the registration. Summary action 27.1 The registrar may suspend the registration of an assisted living residence, attach conditions to the registration, or vary conditions of that registration, without notice, if the registrar has reasonable grounds to believe that there is an immediate risk to the health or safety of a resident. Reconsideration 28 1 In this section: action , in relation to a registration, means a a refusal of a registration under section 25, a.1 an attachment of conditions under section 25 (3), or b a suspension or cancellation, an imposition of conditions or a variation of conditions under section 27; summary action means a suspension of a registration, an attachment of conditions to the registration, or a variation of those conditions under section 27.1; written response means a written response referred to in subsection (2) (b). 2 Thirty days before taking an action or as soon as practicable after taking a summary action, the registrar must give the registrant or applicant for registration a written reasons for the action or summary action, and b written notice that the registrant or applicant for registration may give a written response to the registrar setting out reasons why the registrar should act under subsection (3) (a) or (b) respecting the action or summary action. 3 On receipt of a written response, the registrar may, to give proper effect to section 25, 27 or 27.1 in the circumstances, a delay or suspend the implementation of an action or a summary action until the registrar makes a decision under paragraph (b), or b confirm, rescind, vary or substitute for the action or summary action. 4 The registrar must not act under subsection (3) (a) unless the registrar is satisfied that a further time is needed to consider the written response, b the written response sets out facts or arguments that, if confirmed, would establish reasonable grounds for the registrar to act under subsection (3) (b), and c it is reasonable to conclude that i if the delay or suspension is granted, the health or safety of no resident will be placed at risk, and ii the registrant or applicant for registration will suffer a significant loss during the proposed delay or suspension, if the delay or suspension is not granted. 5 The registrar must give written reasons to the registrant or applicant for registration on acting or declining to act under subsection (3). 6 A registrant or applicant for registration may not give the registrar a further written response concerning an action or summary action on or after receipt of written reasons under subsection (5) concerning the action or summary action. Certain inducements prohibited 28.1 1 In this section: personal representative includes the following: a an executor within the meaning of the Wills, Estates and Succession Act ; b a representative under the Representation Agreement Act ; c a trustee of an estate or part of an estate under administration; d an attorney acting under a power of attorney; e a committee under the Patients Property Act ; registrant includes an officer or director of the registrant and an agent, designate or employee of the registrant. 2 A registrant must not do any of the following: a persuade or induce, or attempt to persuade or induce, a resident to i make or alter a will, ii make a gift, iii provide a benefit for the registrant, the registrant's spouse, relative or friend, or iv conduct the financial affairs of the resident for the benefit of the registrant, the registrant's spouse, relative or friend; b require that a person who applies to reside in an assisted living residence, as a condition of becoming a resident, make any payment or donation other than as specified in a written contract; c act under the authority of a power of attorney or enduring power of attorney under the Power of Attorney Act , granted to the registrant by a resident; d act as a personal representative of the estate of a resident or former resident, unless the registrant is a child, parent or spouse of the resident or former resident; e act as a representative under an agreement made under the Representation Agreement Act by a resident or former resident. 3 A provision of a will, an alteration of a will, a gift, a provision of a benefit or another measure described in subsection (2) (a) (i) to (iv) is void if a it confers a benefit on the registrant or the registrant's spouse, relative or friend, and b the Public Guardian and Trustee has not given written consent to it. 4 A power of attorney or enduring power of attorney as described in subsection (2) (c), or a disposition made under either of them, is void unless the registrant is a child, parent or spouse of the resident. 5 For the purposes of subsection (3) (a), a benefit conferred by a will, an alteration of a will, a gift, a provision of a benefit or another measure described in subsection (2) (a) (i) to (iv) is deemed to be conferred at the time the will, alteration, gift or provision is made or the other measure is taken. Protection for persons who report abuse 28.2 1 In this section, report of abuse means a report made in good faith that a registrant or an employee or agent of a registrant has committed abuse against a resident. 2 No action or other proceeding may be brought against a person for making a report of abuse. 3 A registrant must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee or agent of the registrant, or deny the employee or agent a benefit, for making a report of abuse. 4 A registrant or other person must not interrupt, discontinue or otherwise adversely affect, or threaten to interrupt, discontinue or otherwise adversely affect, service to a resident as a result of a a report of abuse, or b a suggested or stated intention to make a report of abuse. 4 General Appeals to the board 29 1 The Community Care and Assisted Living Appeal Board is continued consisting of individuals appointed after a merit-based process as follows: a a member appointed and designated by the Lieutenant Governor in Council as the chair; b other members appointed by the Lieutenant Governor in Council after consultation with the chair. 1.1 The Lieutenant Governor in Council may designate one of the members as vice chair after consultation with the chair. 1.2 [Repealed 2015-10-50.] 2 A licensee, an applicant for a licence, a holder of a certificate under section 8, an applicant for a certificate under section 8, a registrant or an applicant for registration may appeal to the board in the prescribed manner within 30 days of receiving notification that a the minister has appointed an administrator under section 23, b a medical health officer has acted or declined to act under section 17 (3) (b), c the registrar has acted or declined to act under section 28 (3) (b), or d a person has refused to issue a certificate, suspended or cancelled a certificate or attached terms or conditions to a certificate under section 8. 3 Within 30 days after a decision is made under section 16 to grant an exemption from this Act and the regulations, the decision may be appealed to the board under this section by a a person in care or the agent or personal representative of a person in care, or b a spouse, relative or friend of a person in care. 4 A fee paid by an applicant to initiate an appeal under subsection (2) or (3) must be remitted to the applicant if the board grants the appeal. 5 The person whose action described in subsection (2) is being appealed is a party to the appeal proceedings. 6 The board may not stay or suspend a decision unless it is satisfied, on summary application, that a stay or suspension would not risk the health or safety of a person in care. 7) to (10 [Repealed 2004-45-79.] 11 The board must receive evidence and argument as if a proceeding before the board were a decision of first instance but the applicant bears the burden of proving that the decision under appeal was not justified. 12 The board may confirm, reverse or vary a decision under appeal, or may send the matter back for reconsideration, with or without directions, to the person whose decision is under appeal. 13 [Repealed 2003-47-17.] 14) and (15 [Repealed 2004-45-79.] Application of Administrative Tribunals Act 29.1 The following provisions of the Administrative Tribunals Act apply to the board: a Part 1 [Interpretation and Application] ; b Part 2 [Appointments] ; c Part 3 [Clustering] ; d Part 4 [Practice and Procedure] , except the following: i section 21 [notice of hearing by publication] ; ii section 23 [notice of appeal (exclusive of prescribed fee)] ; e section 44 [tribunal without jurisdiction over constitutional questions] ; f section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code] ; g section 47 (1) (c) and (2) [power to award costs of tribunal] ; h section 48 [maintenance of order at hearings] ; i section 49 [contempt proceeding for uncooperative witness or other person] ; j Part 7 [Decisions] ; k section 55 [compulsion protection] ; l section 57 [time limit for judicial review] ; m section 58 [standard of review with privative clause] ; n section 59.1 [surveys] ; o section 59.2 [reporting] ; p Part 10 [Miscellaneous] , except section 62 [application of Act to BC Review Board] . Repealed 30-31 [Repealed 2004-45-80.] Exclusive jurisdiction of board 31.1 1 The board has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in an appeal under section 29 and to make any order permitted to be made. 2 A decision or order of the board on a matter in respect of which the board has exclusive jurisdiction is final and conclusive and is not open to question or review in any court. Immunity 32 1 Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the director of licensing, the registrar, a medical health officer or a member of the board or a person acting on behalf or under the direction of any of them because of anything done or omitted a in the performance or intended performance of any duty under this Act, or b in the exercise or intended exercise of any power under this Act. 2 Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith. 3 Subsection (1) does not absolve the government, a health authority or an employer from vicarious liability arising out of anything done or omitted by a person referred to in that subsection for which the government, health authority or employer would be vicariously liable if this section were not in force. 4 A member of the board is not, in a civil action to which the member is not a party, required to testify or produce evidence about records or information obtained in the discharge of duties under this Act. Offence and penalty 33 1 A person who contravenes section 5, 6, 18 (2) or (3), 26 (1) or 28.1 (2) or a term or condition attached to a licence commits an offence. 2 A person who commits an offence under subsection (1) is liable to a fine of up to $10 000. 3 If an offence under subsection (1) is of a continuing nature, each day that the offence continues constitutes a separate offence. Offence Act 33.1 Section 5 of the Offence Act does not apply to this Act or the regulations. Power to make regulations 34 1 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act . 2 Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting community care facilities as follows: a prescribing how an application for a licence to operate a community care facility must be made to a medical health officer, and the form and content of the application; b prescribing programs for the purposes of paragraph (a) of the definition of "care" in section 1; c prescribing residential programs for the purposes of paragraph (b) of the definition of "care" in section 1; d prescribing the minimum requirements that the applicant and the community care facility must meet before a medical health officer can issue the licence for which an application is made; e prescribing standards of construction for, and the facilities, equipment and furnishings that must be contained in, community care facilities; f prescribing the duties and responsibilities of a licensee and the licensee's employees and managers; g prescribing the training, experience and other qualifications required for licensees and their employees and managers; h prescribing for the purposes of section 8, who may issue certificates, who may suspend, cancel or add terms and conditions to a certificate and what practices and procedures must be followed for these purposes; h.1 for the purposes of section 8, setting out the qualifications for certification; i prescribing the records required to be kept by a licensee and the reports to be submitted to the medical health officer or the director of licensing; j prescribing the services and programs that licensees must or may provide for persons in care and the standards that must be met in the delivery and administration of those programs and services; k prescribing the extent of physical, mental or emotional disabilities of persons that a licensee may accept, accommodate or care for in a community care facility; l prescribing the minimum and maximum age, and the maximum number, of persons who may be accepted, accommodated or cared for in different classes of community care facilities; m prescribing the maximum number of hours that a person may be accepted, accommodated or cared for in different classes of community care facilities; n limiting the conditions of admission that a licensee may require of a person seeking admission to a community care facility and the restrictions that a licensee may impose on a person in care; o respecting the incidents that a licensee must report and all matters relating to those reports; p prescribing the circumstances in which an exemption from a requirement of this Act or the regulations may be granted under section 16; q prescribing the length of time for which a licence or class of licences may be valid; r prescribing the manner in which a licensee must display a licence; s prescribing the reports that must be made by a health authority to the director of licensing; t prescribing the collection, use or disclosure of non-personal information by the director of licensing or a health authority; u prescribing the powers, duties and responsibilities of an administrator appointed under section 23; v prescribing the fees that must be paid to the government or a person designated by the minister for i an application for a licence, ii a licence, iii an application for a certificate under section 8, or iv a certificate under section 8; w prescribing a province for the purposes of section 11 (2) (b) (i). x [Repealed 2016-13-16.] 3 Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting assisted living residences as follows: a prescribing a type of assistance or support for the purposes of the definition of "assisted living services" in section 1; a.1 prescribing the form and content of an application for registration of an assisted living residence; b prescribing the fees that must be paid to the government or a person designated by the minister for i an application for a registration, or ii a registration; c prescribing the length of time for which a registration or class of registrations may be valid; c.1 prescribing the duties and responsibilities of a registrant and of the registrant's employees and managers; c.2 prescribing the training, experience and other qualifications required for registrants and their employees and managers; d prescribing the manner in which a registrant must display a registration or the registrar's telephone number; e prescribing the health and safety standards that must be met in the delivery of services at an assisted living residence; f prescribing the records required to be kept by a registrant and the reports to be submitted to the registrar; g respecting the incidents that a registrant must report and all matters relating to those reports. 4 Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows: a [Repealed 2016-13-16.] b establishing the procedures that must be followed before a licence or registration is suspended or cancelled; c prescribing the practices and procedures, including the fees for filing an appeal, respecting the board under section 29 or a panel of the board; c.1 for the purposes of one or more of sections 15.1 to 15.4 and 25.4 to 25.7, i prescribing additional information that must be published, ii prescribing periods for the publication of information, including setting schedules for publication, and iii respecting the form and content of publication, including requiring the use of keywords or other tools to facilitate public searches; d defining a word or expression used but not defined in this Act. 5 In making regulations under this section, the Lieutenant Governor in Council may a establish one or more classes of licences or registrations, b establish one or more classes of community care facilities or assisted living residences, c make different provisions for one or more classes of community care facilities, licences, assisted living residences or registrations, and d exempt a community care facility, a class of community care facilities, an assisted living residence or a class of assisted living residences for the purposes of section 2. 6 In making regulations under subsection (2) (h.1), the Lieutenant Governor in Council may do one or more of the following in relation to the person who issues certificates for the purposes of section 8: a delegate a matter; b confer a discretion; c set out considerations that the person may take into account when a matter is delegated under paragraph (a) or a discretion is conferred under paragraph (b). 7 In making a designation for the purposes of paragraph (b) of the definition of "community care facility", the Lieutenant Governor in Council may do the following: a designate a class of premises; b provide that a designated premises or class of premises is subject only to one or more provisions of this Act and the regulations; c modify one or more provisions of the regulations as the Lieutenant Governor in Council considers advisable. Consequential Amendments and Repeals 35-57 [Note: See Table of Legislative Changes for the status of sections 35 to 57.] Section(s)  Affected Act 35  Cemetery and Funeral Services Act 36  Child Care BC Act 37-38  Child Care Subsidy Act 39-40  Community Care Facility Act 41  Criminal Records Review Act 42  Health Authorities Act 43  Health Care (Consent) and Care Facility (Admission) Act 44-48  Hospital Act 49  Hospital Insurance Act 50  Human Tissue Gift Act 51  Liquor Control and Licensing Act 52-53  Local Government Act 54  Medicare Protection Act 55  Mental Health Act 56-57  Pharmacists, Pharmacy Operations and Drug Scheduling Act Commencement 58 This Act comes into force by regulation of the Lieutenant Governor in Council. Schedule (Section 7) Rights of adult persons in care 1 The rights of an adult person in care are as set out in clauses 1 to 5 of this section. Commitment to care 1.  An adult person in care has the right to a care plan developed (a) specifically for the person, and (b) on the basis of the person's unique abilities, physical, social and emotional needs, and cultural and spiritual preferences. Rights to health, safety and dignity 2.  An adult person in care has the right to the protection and promotion of the person's health, safety and dignity, including a right to all of the following: (a) to be treated in a manner, and to live in an environment, that promotes the person's health, safety and dignity; (b) to be protected from abuse and neglect; (c) to have the person's lifestyle and choices respected and supported, and to pursue social, cultural, religious, spiritual and other interests; (d) to have the person's personal privacy respected, including in relation to the person's records, bedroom, belongings and storage spaces; (e) to receive visitors and to communicate with visitors in private; (f) to keep and display personal possessions, pictures and furnishings in the person's bedroom. Rights to participation and freedom of expression 3.  An adult person in care has the right to participate in the person's own care and to freely express the person's views, including a right to all of the following: (a) to participate in the development and implementation of the person's care plan; (b) to establish and participate in a resident or family council to represent the interests of persons in care; (c) to have the person's family or representative participate on a resident or family council on their own behalf; (d) to have access to a fair and effective process to express concerns, make complaints or resolve disputes within the facility; (e) to be informed as to how to make a complaint to an authority outside the facility; (f) to have the person's family or representative exercise the rights under this clause on the person's behalf. Rights to transparency and accountability 4.  An adult person in care has the right to transparency and accountability, including a right to all of the following: (a) to have ready access to copies of all laws, rules and policies affecting a service provided to the person; (b) to have ready access to a copy of the most recent routine inspection record made under the Act; (c) to be informed in advance of all charges, fees and other amounts that the person must pay for accommodation and services received through the facility; (d) if any part of the cost of accommodation or services is prepaid, to receive at the time of prepayment a written statement setting out the terms and conditions under which a refund may be made; (e) to have the person's family or representative informed of the matters described in this clause. Scope of rights 5.  The rights set out in clauses 2, 3 and 4 are subject to (a) what is reasonably practical given the physical, mental and emotional circumstances of the person in care, (b) the need to protect and promote the health or safety of the person in care or another person in care, and (c) the rights of other persons in care. Complaints that rights have been violated 2 (1) In addition to any complaint that may be made under this Act, if a person in care believes that the person's rights have been violated, the person in care or a person acting on the person's behalf may submit a complaint under the Patient Care Quality Review Board Act . (2) A complaint submitted under subsection (1) is a care quality complaint for the purposes of the Patient Care Quality Review Board Act . Protection for persons in care 3 A licensee must not evict, discharge, intimidate, coerce, impose any pecuniary or other penalty on, suspend a service to, deny a right or benefit to or otherwise discriminate against a person in care because of a complaint made in relation to the person in care under this Act or the Patient Care Quality Review Board Act . No right to sue 4 No right of action lies, and no right of compensation exists, by reason only of a violation of a right set out in this Schedule.