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Practical Guide to Elder Abuse and Neglect Law in Canada

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Ontario

This section outlines:

  1. A snapshot of the law in Ontario
  2. Key laws and regulations
  3. Abuse response in long-term care and retirement home
  4. Abuse in home and community care
  5. Reporting abuse by a regulated health care professional
  6. Exceptions to confidentiality and privacy rules
  7. Criminal prosecution policies
  8. Restraining orders under the Family Law Act
  9. Financial abuse by substitute decision-makers
  10. Employment leave under the Employment Standards Act
  11. Immigration sponsorship and income assistance
  12. Key government and community contacts

1. Snapshot

Key features of elder abuse and neglect law in Ontario

Long-term care and retirement homes

Abuse and neglect are prohibited. The Fixing Long-Term Care Homes Act and the Retirement Homes Act require a response to reports of abuse or neglect. To report, contact:

The Ministry of Health and Long-Term Care will conduct an inspection where they receive information indicating abuse or neglect of a resident.

Retaliation against a person, including an employee, because they have disclosed information related to a report of elder abuse or neglect is prohibited.

In the Community

Organizations that provide home and community care must ensure education and training for employees and volunteers on preventing, recognizing, and addressing physical, mental, and financial abuse.

The court may grant a restraining order under the Family Law Act if an older person fears for their own safety or for the safety of their child. A restraining order can be obtained against someone who is a spouse or former spouse of the applicant, or who lived together with the applicant (for any period of time).

The Ontario Public Guardian and Trustee must investigate any allegation that a person is:

  • incapable of managing property or personal care; and
  • experiencing “serious adverse effects” as a result (or that such effect may occur). Serious adverse effects could include instances of elder abuse or neglect, such as loss of property or serious illness or injury.

An older person who is an employee may be eligible for up to ten days job-protected leave of absence under the Employment Standards Act if they have experienced, or been threatened with, domestic or sexual violence.

A sponsored immigrant may be able to get social assistance through Ontario Works if there is a breakdown in the sponsorship relationship and they are experiencing abuse.

2. Key Laws and Regulations

Health Care

Family Violence

Personal Planning

Privacy

Employment Protections

3. Long-Term Care and Retirement Homes

The Fixing Long-Term Care Homes Act[17] and the Retirement Homes Act[18] create rules for preventing and responding to abuse or neglect.

3.1 Fundamental principles

Each statute sets out the fundamental principle that guides interpretation of the law. The principles prioritize the dignity and safety of the resident.

The Fixing Long-Term Care Homes Act states:

  • The fundamental principle to be applied in the interpretation of this Act and anything required or permitted under this Act is that a long-term care home is primarily the home of its residents and is to be operated so that it is a place where they may live with dignity and in security, safety and comfort and have their physical, psychological, social, spiritual and cultural needs adequately met.[19]

The Retirement Homes Act states:

  • The fundamental principle to be applied in the interpretation of this Act and any regulation, order or other document made under this Act is that a retirement home is to be operated so that it is a place where residents live with dignity, respect, privacy and autonomy, in security, safety and comfort and can make informed choices about their care options.[20]

3.2 Definitions of abuse and neglect

These acts and their regulations contain broad and fairly comprehensive definitions of abuse and neglect. Both laws include physical, sexual, emotional, verbal, and financial abuse.[21] Each type of abuse is further defined in the regulation. The Fixing Long-Term Care Homes Act states:

  • “emotional abuse” means,
  • (a) any threatening, insulting, intimidating or humiliating gestures, actions, behaviour or remarks, including imposed social isolation, shunning, ignoring, lack of acknowledgement or infantilization that are performed by anyone other than a resident, or
  • (b) any threatening or intimidating gestures, actions, behaviour or remarks by a resident that causes alarm or fear to another resident where the resident performing the gestures, actions, behaviour or remarks understands and appreciates their consequences;[22]
  • “financial abuse” means any misappropriation or misuse of a resident’s money or property;[23]
  • “physical abuse” means, subject to subsection (2),
  • (a) the use of physical force by anyone other than a resident that causes physical injury or pain,
  • (b) administering or withholding a drug for an inappropriate purpose, or
  • (c) the use of physical force by a resident that causes physical injury to another resident;[24]
  • …
  • (2) For the purposes of clause (a) of the definition of “physical abuse” in subsection (1), physical abuse does not include the use of force that is appropriate to the provision of care or assisting a resident with activities of daily living, unless the force used is excessive in the circumstances.[25]
  • “sexual abuse” means,
  • (a) subject to subsection (3), any consensual or non-consensual touching, behaviour or remarks of a sexual nature or sexual exploitation that is directed towards a resident by a licensee or staff member, or
  • (b) any non-consensual touching, behaviour or remarks of a sexual nature or sexual exploitation directed towards a resident by a person other than a licensee or staff member;[26]
  • …
  • (3) For the purposes of the definition of “sexual abuse” in subsection (1), sexual abuse does not include,
  • (a) touching, behaviour or remarks of a clinical nature that are appropriate to the provision of care or assisting a resident with activities of daily living; or
  • (b) consensual touching, behaviour or remarks of a sexual nature between a resident and a licensee or staff member that is in the course of a sexual relationship that began before the resident was admitted to the long-term care home or before the licensee or staff member became a licensee or staff member.[27]
  • “verbal abuse” means,
  • (a) any form of verbal communication of a threatening or intimidating nature or any form of verbal communication of a belittling or degrading nature which diminishes a resident’s sense of well-being, dignity or self-worth, that is made by anyone other than a resident, or
  • (b) any form of verbal communication of a threatening or intimidating nature made by a resident that leads another resident to fear for his or her safety where the resident making the communication understands and appreciates its consequences.[28]

Neglect is also defined in the Fixing Long-Term Care Homes Act regulation:

  • “neglect” means the failure to provide a resident with the treatment, care, services or assistance required for health, safety or well-being, and includes inaction or a pattern of inaction that jeopardizes the health, safety or well-being of one or more residents.[29]

The Retirement Homes Act defines abuse and neglect in a similar manner. The abuse definitions are found in the regulation.[30] The definition of neglect is found in the Act.[31]

3.3 The duty to protecting residents

The Fixing Long-Term Care Homes Act places a duty on long-term care licensees to protect residents from abuse and neglect. The “licensee” means means the holder of a licence issued under the law to operate the facility. The licensee could be, for example, a non-profit organization, a for-profit corporation, a municipality, or a First Nation.[32]

  • Duty to protect
  • 24(1) Every licensee of a long-term care home shall protect residents from abuse by anyone and shall ensure that residents are not neglected by the licensee or staff.
  • If absent from the home
  • (2) The duties in subsection (1) do not apply where the resident is absent from the home, unless the resident continues to receive care or services from the licensee, staff or volunteers of the home.
  • Offence
  • (3) Every licensee who contravenes subsection (1) is guilty of an offence.[33]

3.4 Zero tolerance policies

Licensees must have a policy in place to promote zero tolerance of abuse and neglect of residents. The licensee must also ensure that the policy is complied with, and that the policy is communicated to all staff, residents, and residents’ substitute decision-makers. This policy must cover topics listed below.

  • Contents
  • (2) At a minimum, the policy to promote zero tolerance of abuse and neglect of residents,
    • (a)  shall provide that abuse and neglect are not to be tolerated;
    • (b)  shall clearly set out what constitutes abuse and neglect;
    • (c)  shall provide for a program, that complies with the regulations, for preventing abuse and neglect;
    • (d)  shall contain an explanation of the duty under section 24 to make mandatory reports;
    • (e)  shall contain procedures for investigating and responding to alleged, suspected or witnessed abuse and neglect of residents;
    • (f)  shall set out the consequences for those who abuse or neglect residents;
    • (g)  shall comply with any requirements respecting the matters provided for in clauses (a) through (f) that are provided for in the regulations; and
    • (h)  shall deal with any additional matters as may be provided for in the regulations.[34]

The Fixing Long-Term Care Homes Act regulations further specify what must be in this policy.

  • Policy to promote zero tolerance
  • 103. Every licensee of a long-term care home shall ensure that the licensee’s written policy under section 25 of the Act to promote zero tolerance of abuse and neglect of residents,
    • (a) contains procedures and interventions to assist and support residents who have been abused or neglected or allegedly abused or neglected;
    • (b) contains procedures and interventions to deal with persons who have abused or neglected or allegedly abused or neglected residents, as appropriate;
    • (c) identifies measures and strategies to prevent abuse and neglect;
    • (d) identifies the manner in which allegations of abuse and neglect will be investigated, including who will undertake the investigation and who will be informed of the investigation; and
    • (e) identifies the training and retraining requirements for all staff, including,
      • (i) training on the relationship between power imbalances between staff and residents and the potential for abuse and neglect by those in a position of trust, power and responsibility for resident care, and
      • (ii) situations that may lead to abuse and neglect and how to avoid such situations.[35]

These policies must be reviewed once per year to determine if they are effective and make any changes that are needed.[36]

The Retirement Homes Act sets out nearly identical requirements to protect residents of retirement homes from abuse and neglect. Retirement homes must have a policy to protect residents from abuse and neglect.[37]

3.5 Mandatory reporting

In Ontario, all people have a duty to report any suspected abuse of an adult living in long-term care or a retirement home, including the general public, family members, health care professionals, and staff.[38] Residents of the home are not required to report abuse or neglect.[39]

The reporting requirements for long-term care are as follows:

  • Reporting certain matters to Director
  • 28 (1) A person who has reasonable grounds to suspect that any of the following has occurred or may occur shall immediately report the suspicion and the information upon which it is based to the Director:
    • 1.  Improper or incompetent treatment or care of a resident that resulted in harm or a risk of harm to the resident.
    • 2.  Abuse of a resident by anyone or neglect of a resident by the licensee or staff that resulted in harm or a risk of harm to the resident.
    • 3.  Unlawful conduct that resulted in harm or a risk of harm to a resident.
    • 4.  Misuse or misappropriation of a resident’s money.
    • 5.  Misuse or misappropriation of funding provided to a licensee under this Act, the Local Health System Integration Act, 2006 or the Connecting Care Act, 2019.[40]

The Director means the Ontario Ministry of Health and Long-Term Care Director. Reports can be made through the Long Term Care Action Line.

The reporting requirements for retirement homes are as follows:

  • Reporting certain matters to Registrar
  • 75 (1) A person who has reasonable grounds to suspect that any of the following has occurred or may occur shall immediately report the suspicion and the information upon which it is based to the Registrar:
    • 1. Improper or incompetent treatment or care of a resident that resulted in harm or a risk of harm to the resident.
    • 2. Abuse of a resident by anyone or neglect of a resident by the licensee or the staff of the retirement home of the resident if it results in harm or a risk of harm to the resident.
    • 3. Unlawful conduct that resulted in harm or a risk of harm to a resident.
    • 4. Misuse or misappropriation of a resident’s money.[41]

Abuse or neglect must be reported to the Registrar through the Retirement Homes Regulatory Authority.

For licensees, staff members, health professionals, or social workers, and some other categories of people, failure to report abuse or neglect is an offence under the Fixing Long-Term Care Homes Act.[42] It is also an offence to attempt to prevent or discourage someone from reporting abuse or neglect.[43] The penalty for not reporting abuse or neglect occurring in long-term care is a fine of up to $200,000.[44] The penalty for not reporting abuse or neglect occurring in a retirement homes is a fine of up to $25,000 for an individual and $50,000 for a corporation (for the first conviction).[45]

Licensees are required to notify a resident’s substitute decision-maker immediately of any alleged or suspected abuse or neglect involving physical injury or harmful distress to a resident. For other cases of abuse of neglect, the substitute decision-maker must be notified within 12 hours of the licensee becoming aware of the incident.[46]

3.6 Whistleblower protections

Both the Fixing Long-Term Care Homes Act and Retirement Homes Act contain provisions protecting people who report abuse or neglect. Retaliation against another person for disclosing something to an inspector or another specified authority, or giving evidence in a proceeding, is prohibited.

Such provisions can protect employees who report abuse from retaliation by their employers. In the Fixing Long-Term Care Homes Act retaliation includes:

  1. Dismissing a staff member.
  2. Disciplining or suspending a staff member.
  3. Imposing a penalty upon any person.
  4. Intimidating, coercing, or harassing any person.[47]

If a staff member of a long-term care home has been retaliated against by their employer because they reported abuse, the staff member can make a complaint to the Ontario Labour Relations Board or ask for arbitration under their collective agreement.[48]

The Retirement Homes Act contains similar whistle-blowing protections. A person (including an employee of a retirement home) cannot be retaliated against or threatened for reporting abuse.[49] In the Retirement Homes Act retaliation includes:

  1. Dismissing, suspending or disciplining a member of the staff of a retirement home.
  2. Evicting a resident from a retirement home.
  3. Subjecting a resident of a retirement home to discriminatory treatment.
  4. Imposing a penalty on any person.
  5. Intimidating, coercing or harassing any person.[50]

If a staff member of a retirement home has been retaliated against by their employer for reporting abuse, the staff member can make a complaint under the Ontario Labour Relations Board or request arbitration under their collective agreement.[51]

Retaliation against residents is also prohibited. Residents may not be discharged, threatened with discharge, or subject to discriminatory treatment as retaliation. Their family members or substitute decision-makers also cannot be threatened with the possibility of retaliation against the resident.[52]

No person can be discouraged from reporting abuse or neglect. Legal action cannot be commenced against a person for reporting abuse or neglect unless they made a knowingly false report.[53]

3.7 Responding to reports

Licensee responsibilities

Long-term care homes and retirement homes must have a complaints policy.[54] If a long-term care licensee receives a written complaint about a resident’s care, they must immediately forward this information to the Director.[55] In both long-term care and retirement homes, if the licensee suspects the abuse or neglect may be a criminal offence, they must notify the police immediately.[56]

Regardless of whether there was a written complaint, licensees are required to immediately investigate every alleged, suspected, or witnessed incident of abuse or neglect, and take appropriate action in response.[57] For long-term care licensees, they must report the results of the investigation to the Director.[58] The resident and substitute decision-maker must also be notified about the results of the investigation, unless the person is a suspected abuser.[59]

Inspections by Ministry of Health and Long-Term Care

The Ministry of Health and Long-Term Care will conduct an inspection of the long-term care home or retirement home under certain circumstances, including where they receive information indicating abuse or neglect. Such information could come from, for example, a report made under section 24 of the Fixing Long-Term Care Homes Act (the mandatory reporting provision), a written complaint, or a report from the licensee. Where the abuse or neglect resulted in serious harm or a significant risk of serious harm to a resident, the inspector is required to immediately visit the long-term care home or retirement home. [60]

Inspectors are given very broad powers to conduct an investigation, including the power to:

  • Inspect the premises of the long-term care or retirement home and any premises operated in connection with the home;
  • Require production of records that are relevant, including electronic records;
  • Speak to any persons;
  • Film activities, within privacy requirements;
  • Conduct tests and examinations;
  • Bring in experts to assist with the inspection; and
  • Obtain a warrant if the inspector is prevented from entering the premises[61]

Following the long-term care inspection, a copy of the report must be given to the licensee, the Residents’ Council, and the Family Council.[62] Following a retirement home inspection, a copy of the report must be given to the licensee, Registrar, and the Residents’ Council.[63]

Outcomes of investigation

The actions that can be taken following an inspection depend on whether it involved a long-term care home or a retirement home. In long-term care, if an inspector finds that a licensee has not complied with the Fixing Long-Term Care Homes Act, the inspector is required to do at least one of the following:

  • Issue a written notice to the licensee;
  • Request the licensee voluntarily create a compliance plan to correct any actions which contravene the Act;
  • Issue a compliance order requiring the licensee to do (or refrain from doing) anything in order to comply with the Act;
  • Issue a work and activity order requiring the licensee to allow the Ministry or its contractors to perform any necessary work or activity at the long-term care home, at the licensee’s expense; or
  • Refer the matter to the Director[64]

The Director has broad powers, including the power to:

  • Issue a compliance order or work and activity order (see inspectors’ powers above)
  • Order funding be returned or withheld;
  • Issue a management order requiring the licensee to retain persons acceptable to the Director to manage or help manage the facility, at the licensee’s expense; or
  • Revoke a license to operate a facility.[65]

In relation to retirement homes, if the Registrar believes that a licensee has contravened the Retirement Homes Act, it may:

  • Issue a compliance order requiring the licensee to do (or refrain from doing) anything in order to comply with the Act, such as ensure additional training for staff.
  • Issue a management order requiring the licensee to retain persons acceptable to the Director to manage or help manage the facility, at the licensee’s expense.
  • Order the person to pay an administrative penalty (up to $10,000).
  • Revoke the licence to operate a retirement home.[66]

4. Home and Community Care

In Ontario, there is no legislation governing response to abuse and neglect of older adults living in the community. The Home Care and Community Services Act[67] briefly discusses abuse. The Act requires approved community service agencies to have a plan for addressing abuse or neglect.

  • Plan respecting abuse
  • 26 (1) An approved agency shall develop and implement a plan for preventing, recognizing and addressing physical, mental and financial abuse of persons who receive community services provided by the agency or purchased by the agency from other service providers.
  • Same
  • (2) The plan required under subsection (1) shall provide, among other things, for the education and training of the approved agency’s employees and volunteers in methods of preventing, recognizing and addressing physical, mental and financial abuse.[68]

5. Reporting Abuse by a Regulated Health Professionals

5.1 Reporting requirements

In Ontario, the Regulated Health Professions Act[69] sets out the governing framework for regulated health professionals. Regulated professions include physicians, nurses, psychologists, dentists, and audiologists.[70] Their respective colleges are responsible for ensuring that the health professionals provide health services in a safe, professional, and ethical manner.

Schedule 2 to the Act sets out the Health Professions Procedural Code. This contains the rules that regulatory colleges must follow when investigating complaints and disciplining members. Any person can make a complaint to a college about the conduct of a regulated health professional. The complaint must be in writing.[71]

Members of regulatory colleges are subject to mandatory reporting obligations. If, in the course of practicing in their profession, a member has reasonable grounds to believe that another registered health professional has sexually abused a patient, they are required to file a report with their college.[72] Members are required to self-report if they have been:

  • Charged with or found guilty of an offence;[73] or
  • Found to have committed professional negligence, malpractice, misconduct, or incompetence.[74]

Reporting requirements also apply to facility operators and employers. An operator of a facility is required to file a report if they believe a regulated professional is incompetent, incapacitated, or has sexually abused a patient. [75] An employer is required to file a report if, because of professional misconduct, incompetence, or incapacity, it fires a member of a college, revokes or restricts their privileges, dissolves their partnership, or this member resigns.[76]

Legal action cannot be taken against a person for filing a report in good faith.[77]

5.2 Outcome of a report

A college is responsible for regulating health professionals within their jurisdiction, including making sure members are fit for practice and are not committing any infractions. This process is limited to reviewing the regulated health professional’s actions. If a member has been found to be engaging in abuse, the college’s remedies are usually limited to restricting a regulated health professional’s practice. A complaint to the college will not result in any remedies for the person who has been abused.

When a complaint is made that a regulated health professional has potentially engaged in misconduct, the college will appoint a panel to investigate the complaint. The college may suspend or limit the member’s practice in the interim, if it believes that the member’s conduct may cause patients harm or injury.[78]

If the panel considers a complaint to be in bad faith or frivolous or otherwise an abuse of process, it will give the complainant and the member notice that it intends to take no action.[79]

After investigating a complaint, the panel may do one or more of the following:

  • Refer the allegation to the Discipline Committee
  • Refer the member to a panel for incapacity proceedings
  • Require the member to appear before a panel to be cautioned
  • Take other action it considers appropriate

If a matter is referred to the Discipline Committee, a formal hearing will be held. If the panel finds that a member has committed professional misconduct, it may take several actions, including:

  • Suspending or revoking of a member’s registration
  • Placing conditions on the member’s registration
  • Issuing a reprimand
  • Ordering a fine of up to $35,000[80]

The panel must revoke a member’s registration if the misconduct includes certain types of sexual abuse.[81]

If the matter does not involve an allegation of sexual abuse, the registrar of the college may, with the consent of both the complainant and the member, refer the matter to an alternative dispute resolution process.[82]

5.3 Other reporting duties

Regulated health professionals may also have some duties to report abuse or misconduct arising from their professional codes of conduct. If you are a regulated health professional, examine your professional codes of conduct or practice standards to see if you have any responsibilities under these rules, or contact your college for advice.

6. Confidentiality, Privacy, and Privilege

Confidentiality ensures vital information is kept private for professions which require a client to disclose private information, such as counsellors, doctors, and nurses. A lawyer must respect solicitor-client privilege. Requirements of confidentiality and privilege can be found in legislation, in common law, and in professional codes of ethics, codes of conduct, or professional standards.

Generally, professionals, staff, and volunteers must get consent from the older adult before disclosing personal or health information. However, exceptions to confidentiality and privilege have been created by various laws.

6.1 Confidentiality exceptions under health care law

Under the Fixing Long-Term Care Homes Act and the Retirement Homes Act, all people (except residents) must report abuse or neglect. Even if the abuse or neglect is based on confidential information or privilege, a physician, regulated health professional, or social worker must report the information.[83] The only exception is that information under solicitor-client privilege does not have to be reported.[84]

  • Duty on practitioners and others
  • (4) Even if the information on which a report may be based is confidential or privileged, subsection (1) also applies to a person mentioned in paragraph 1, 2 or 3, and no action or other proceeding for making the report shall be commenced against a person who acts in accordance with subsection (1) unless that person acts maliciously or without reasonable grounds for the suspicion:
    • 1.  A physician or any other person who is a member of a College as defined in subsection 1 (1) of the Regulated Health Professions Act, 1991.
    • 2.  A person who is registered as a drugless practitioner under the Drugless Practitioners Act.
    • 3.  A member of the Ontario College of Social Workers and Social Service Workers.[85]
  • Solicitor-client privilege
  • (7) Nothing in this section abrogates any privilege that may exist between a solicitor and the solicitor’s client.[86]

6.2 Confidentiality exceptions under privacy law

In Ontario, there are three pieces of legislation that outline privacy rights:

  • Personal Health Information Protection Act—applies to personal health information held by “health care custodians” (includes health care providers, hospitals, and long-term care homes) and individuals and organizations that receive such information from custodians;[87]
  • Freedom of Information and Protection of Privacy Act—applies to public bodies such as government departments and agencies;[88] and
  • Municipal Freedom of Information and Protection of Privacy Act—applies to municipal public bodies such as municipal governments, school boards, police services boards, and boards of health.[89]

The federal Personal Information Protection and Electronic Documents Act also applies in Ontario. See the federal laws section for confidentiality exceptions under this Act which apply to private organizations conducting commercial activities and to federally regulated organizations such as banks.

The three Ontario laws govern the manner in which personal information may be collected, used, and disclosed. Under all three acts, personal information must be kept confidential, and generally disclosure is permitted only if a person consents to the disclosure. Only in prescribed circumstances can information be disclosed without consent.[90]

Under Personal Health Information Protection Act, the circumstances under which personal health information can be disclosed without consent include:

  • If the disclosure is reasonably necessary for providing health care and it is not reasonably possible to obtain the individual’s consent in a timely manner;
  • To contact a relative, friend, or potential substitute decision-maker of the individual, if the individual is injured, incapacitated or ill and unable to give consent personally;
  • To inform any person that an individual is a patient or resident in a facility, about the individual’s general health status, and the location of the individual in the facility, unless there is an express request from the individual instructing otherwise;[91]
  • To eliminate or reduce a significant risk of serious bodily harm to a person or group of persons;[92]
  • To conduct a capacity assessment;
  • For the purpose of carrying out an inspection, investigation or similar procedure that is authorized by a warrant, the Personal Health Information Protection Act or another Act; or
  • As required or authorized by another law.[93]

Under Freedom of Information and Protection of Privacy Act, personal information can be disclosed without consent in circumstances such as:

  • Where permitted or required by law;
  • In compelling circumstances affecting the health or safety of an individual;
  • To assist with a police investigation; or
  • In compassionate circumstances, to facilitate contact with the spouse, close relative, or friend of an individual who is injured, ill or deceased.[94]

The Municipal Freedom of Information and Protection of Privacy Act contains similar exemptions where disclosure is permitted.[95]

6.3 Confidentiality exceptions that apply to lawyers

Confidentiality and legal privilege are similar, but legally distinct concepts. Both are based on the principle that a lawyer owes a duty of loyalty to the client.

Solicitor-client privilege is a legal principle that applies to all communications between a client and a lawyer where the communication was for the purposes of obtaining legal advice and was intended to be confidential.[96] It operates to protect such information from having to be disclosed in legal proceedings.

However, solicitor-client privilege will not apply:

  • Where privilege has been waived by the client;
  • Where there is a clear, serious and imminent threat to public safety;[97]
  • Where the innocence of an accused is at stake;[98] or
  • Where limited by law.

Other types of privilege include litigation privilege, which protects communications created for the purpose of preparing for litigation.

A lawyer’s duty of confidentiality is an ethical duty. Unlike privilege, this duty covers any communications made during the professional relationship. There is no requirement that the communications be made for the purposes of obtaining legal advice.

The Law Society of Ontario has set out the duty of confidentiality and applicable exceptions in its Rules of Professional Conduct.[99]

  • Confidential Information
  • 3.3-1 A lawyer at all times shall hold in strict confidence all information concerning the business and affairs of the client acquired in the course of the professional relationship and shall not divulge any such information unless
    • (a) expressly or impliedly authorized by the client;
    • (b) required by law or by order of a tribunal of competent jurisdiction to do so;
    • (c) required to provide the information to the Law Society; or
    • (d) otherwise permitted by rules 3.3-2 to 3.3-6.[100]

Disclosure of confidential information is also permitted when there is imminent risk of death or serious bodily harm, and disclosure is necessary to prevent this.

  • 3.3-3 A lawyer may disclose confidential information, but must not disclose more information than is required, when the lawyer believes on reasonable grounds that there is an imminent risk of death or serious bodily harm, and disclosure is necessary to prevent the death or harm.[101]

7. Criminal Prosecution Policies

While criminal law is primarily under the federal jurisdiction, Ontario’s Crown Prosecution Manual provides guidance to prosecutors. There is no elder abuse policy. However, a few of the manual chapters could apply in an elder abuse context.[102]

The Charge Screening directive states that charges should be in the public interest. To determine if charges are in the public interest, the directive lists several factors. These factors include the age, physical health, mental health, or special vulnerability of an accused, victim, or witness.[103] The directive also draws attention to the need to be aware of stereotypes, although neither age nor disability is not listed as an example of a stereotype.[104]

The Direct Indictments directive lists factors that a prosecutor should consider when deciding if they will ask for a direct indictment and send a criminal case directly to trial without a preliminary hearing.[105] These factors include:

  • The physical or psychological health of victims and witnesses;[106]
  • Difficulties involved in having victims and witnesses testify more than once, including the victimization of vulnerable witnesses;[107] and
  • Safety concerns for the victims, witnesses, and public[108]

The Intimate Partner Violence directive instructs prosecutors to consider the safety of the victim and the victim’s family, and to be sensitive to the needs of the victim. The directive discusses considerations for bail, peace bonds, and sentencing.[109] The Sexual Offences against Adults directive similarly discusses the need to consider the safety of the victim at the bail stage.[110]

The Victims directive is fairly short and general. It includes a few provisions relevant to elder abuse. This directive instructs prosecutors to inform victims of available victim services. Prosecutors are to be sensitive to the perspective of victims, the nature of their victimization, their privacy interests, and their personal security. Prosecutors must advise the victim of important information throughout the proceedings, such as whether the accused will be released on bail and if the charges will be withdrawn. If the victim is going to testify, the prosecutor should prepare them and determine whether any testimonial aids or accommodations are required.[111]

The Testimonial Aids and Accessibility directive outlines the accessibility barriers that victims or witnesses may encounter due to language, age, or any intellectual, emotional, physical, or sensory impairment.[112] The directive outlines the barriers that victims and witnesses may encounter.

Barriers might include:

  • attitudinal barriers about people with disabilities;
  • communication barriers that occur because of a lack of accommodation;
  • informational barriers making available accommodations difficult to access or find;
  • physical barriers preventing people with physical disabilities from accessing the courthouse or courtroom; or
  • sensory barriers preventing people who are blind or deaf, or who have a severe vision or hearing impairment from accessing court proceedings.[113]

Prosecutors must inform the victim and witness of available accommodations as soon as possible and ensure that interpreters are requested where appropriate. Prosecutors should seek to use language appropriate to the age and understanding of the victim or witness. Witnesses can request testimonial aids such as a support person, use of pre-recorded video evidence or affidavit evidence, or an order banning publication of their identity.[114]

8. Restraining Orders under the Family Law Act

The Family Law Act[115]sets out the requirements for obtaining a restraining order in family court. A restraining order can be obtained against someone who is a spouse or former spouse of the person being abused or who lived together with the applicant (for any period of time).[116]

To obtain a restraining order, a person must have reasonable grounds to fear for their own safety or for the safety of their child. A restraining order can require the former partner or spouse to not communicate with the person or to stay away from specified locations. The court can make any other requirements that would be appropriate.[117]

  • Restraining order
  • 46 (1) On application, the court may make an interim or final restraining order against a person described in subsection (2) if the applicant has reasonable grounds to fear for his or her own safety or for the safety of any child in his or her lawful custody.  2009, c. 11, s. 35.
  • Same
  • (2) A restraining order under subsection (1) may be made against,
    • (a) a spouse or former spouse of the applicant; or
    • (b) a person other than a spouse or former spouse of the applicant, if the person is cohabiting with the applicant or has cohabited with the applicant for any period of time.  2009, c. 11, s. 35.
  • Provisions of order
  • (3) A restraining order made under subsection (1) shall be in the form prescribed by the rules of court and may contain one or more of the following provisions, as the court considers appropriate:
    • 1. Restraining the respondent, in whole or in part, from directly or indirectly contacting or communicating with the applicant or any child in the applicant’s lawful custody.
    • 2. Restraining the respondent from coming within a specified distance of one or more locations.
    • 3. Specifying one or more exceptions to the provisions described in paragraphs 1 and 2.
    • 4. Any other provision that the court considers appropriate.[118]

If a person is married, they may also apply to family court for exclusive possession of the matrimonial home.[119] This provision would allow them to stay in the home, and prohibit the abuser from being on the property. Such an order is usually granted on a temporary basis. In deciding whether to grant the order, the judge will consider a number of factors, including whether there is “any violence committed by a spouse against the other spouse or the children”.[120]

  • Order for exclusive possession: criteria
  • (3) In determining whether to make an order for exclusive possession, the court shall consider,
    • (a) the best interests of the children affected;
    • (b) any existing orders under Part I (Family Property) and any existing support orders or other enforceable support obligations;
    • (c) the financial position of both spouses;
    • (d) any written agreement between the parties;
    • (e) the availability of other suitable and affordable accommodation; and
    • (f) any violence committed by a spouse against the other spouse or the children. 
  • Best interests of child
  • (4) In determining the best interests of a child, the court shall consider,
    • (a) the possible disruptive effects on the child of a move to other accommodation; and
    • (b) the child’s views and preferences, if they can reasonably be ascertained. 

9. Financial Abuse by Substitute Decision-Makers

This section outlines the protections and remedies available when an older person is experiencing financial abuse by a substitute decision-maker. These protections and remedies are contained in substitute decision-maker legislation and health care legislation.

9.1 Substitute decision-makers in Ontario

In Ontario, a substitute decision-maker could be:

  • An attorney under a continuing power of attorney for property or power of attorney for personal care, chosen by the older adult;
  • A guardian of property appointed by the court;
  • The Ontario Public Guardian and Trustee (OPGT) as statutory guardian appointed through a statutory process; or
  • A guardian of the person appointed by the court.

Powers of attorney

An adult can appoint an attorney under a power of attorney (POA) for property to make decisions on their behalf in respect of financial matters. Upon taking effect, the attorney will have the power to make any property related decisions the older adult could make, except making a will.[121] A POA is “continuing” because it continues to be effective even after the adult who gave it is no longer mentally capable.

The adult must be capable at the time of making the POA for property. Section 8(1) of the Substitute Decisions Act sets out the test for determining whether a person is capable of giving a continuing POA for property:

  • Capacity to give continuing power of attorney
  • 8 (1) A person is capable of giving a continuing power of attorney if he or she,
    • (a)  knows what kind of property he or she has and its approximate value;
    • (b)  is aware of obligations owed to his or her dependants;
    • (c)  knows that the attorney will be able to do on the person’s behalf anything in respect of property that the person could do if capable, except make a will, subject to the conditions and restrictions set out in the power of attorney;
    • (d)  knows that the attorney must account for his or her dealings with the person’s property;
    • (e)  knows that he or she may, if capable, revoke the continuing power of attorney;
    • (f)  appreciates that unless the attorney manages the property prudently its value may decline; and
    • (g)  appreciates the possibility that the attorney could misuse the authority given to him or her. 

A person can give a POA authorizing an attorney to make decisions regarding their personal care. As with a POA for property, a POA for personal care must be made while the person is capable, and continues to be effective even after the adult becomes mentally incapable.[122]

The test for capacity in relation to a POA for personal care is set out in section 47 of the Substitute Decisions Act:

  • Capacity to give power of attorney for personal care
  • 47 (1) A person is capable of giving a power of attorney for personal care if the person,
    • (a)  has the ability to understand whether the proposed attorney has a genuine concern for the person’s welfare; and
    • (b)  appreciates that the person may need to have the proposed attorney make decisions for the person. 
  • Validity
  • (2) A power of attorney for personal care is valid if, at the time it was executed, the grantor was capable of giving it even if the grantor is incapable of personal care.

The authority under a POA for personal care allows the attorney to make a decision about:

  • Treatment, admission to a long-term care facility, or personal assistance services provided within such a facility if the Health Care Consent Act, 1996 allows the attorney to make the decision; or
  • Other personal care if the attorney has reasonable grounds to believe that the adult is incapable of making the decision.[123]

Statutory guardians

If the adult is not capable of making property decisions and has not previously appointed a substitute decision-maker, such as an attorney, a statutory guardian of property may be appointed. For this statutory process to occur, either:

  • The older adult must be certified incapable of managing their property under the Mental Health Act;[124] or
  • A capacity assessor must certify the older adult is incapable of managing their property.[125]

The assessment of capacity may be performed at the request of the person themselves, or at the request of another person who has reason to believe that:

  • The person does not have capacity to manage property; and
  • No spouse, partner, or relative intends to apply to the court for guardianship.

For this process to occur, the adult must agree to undergo the capacity assessment.[126] The OPGT acts as statutory guardian of property by default. Certain other persons (such as the spouse or relative of the adult) may be appointed if the OPGT is satisfied that they are suitable.[127]

Court-appointed guardians

A guardian of property may be appointed by court order. This process might be used where neither a POA nor a statutory guardianship is appropriate, such as where a person believed to be incapable and in need of guardianship refuses to be assessed.[128] The court will only appoint a guardian if the adult needs to have decisions made about their property and if there is no alternative to guardianship that is less restrictive.[129]

  • Court appointment of guardian of property
  • 22 (1) The court may, on any person’s application, appoint a guardian of property for a person who is incapable of managing property if, as a result, it is necessary for decisions to be made on his or her behalf by a person who is authorized to do so. 
  • Same
  • (2) An application may be made under subsection (1) even though there is a statutory guardian. 
  • Prohibition
  • (3) The court shall not appoint a guardian if it is satisfied that the need for decisions to be made will be met by an alternative course of action that,
    • (a)  does not require the court to find the person to be incapable of managing property; and
    • (b)  is less restrictive of the person’s decision-making rights than the appointment of a guardian.

A person who provides health care or residential, social, training, or support services to the adult for pay cannot be appointed as the guardian of property, unless they are the adult’s spouse, partner, relative, or attorney under a POA.[130]

Similar to court-appointed guardians of property, the court may appoint a guardian of the person where the adult is mentally incapable. Such a guardian would make personal care decisions on behalf of the adult. For the court to appoint a guardian of the person, there must be no alternative that is less restrictive of the adult’s decision-making rights.[131]

  • Court appointment of guardian of the person
  • 55 (1) The court may, on any person’s application, appoint a guardian of the person for a person who is incapable of personal care and, as a result, needs decisions to be made on his or her behalf by a person who is authorized to do so.  1992, c. 30, s. 55 (1).
  • Prohibition
  • (2) The court shall not appoint a guardian if it is satisfied that the need for decisions to be made will be met by an alternative course of action that,
    • (a)  does not require the court to find the person to be incapable of personal care; and
    • (b)  is less restrictive of the person’s decision-making rights than the appointment of a guardian.

As with guardians of property, a person who provides health care or residential, social, training, or support services to the adult for pay cannot be appointed as guardian, unless they are the adult’s guardian of property or the adult’s spouse, partner, relative, or attorney under a POA.[132]

9.2 Duties of a substitute decision-makers

Guardians and attorneys for property  

Guardians of property and attorneys under POAs for property are considered fiduciaries. Under the Substitute Decisions Act, they are required to exercise their powers and duties diligently, with honesty and integrity and in good faith, for the adult’s benefit. [133] Other duties include:

  • Exercise the degree of care, diligence and skill that a “person of ordinary prudence” would exercise in the conduct of his or her own affairs[134] (if the guardian is paid for managing the property, they must exercise the degree of care, diligence, and skill that a person in the business of managing the property of others is required to exercise);[135]
  • Consider the effect the guardian’s decision will have on the adult’s personal comfort or well-being;[136]
  • Make decisions consistent with the personal care decisions;[137]
  • Explain their powers and duties to the adult;[138]
  • Encourage the adult to participate in the guardian’s decisions;[139]
  • Encourage regular personal contact between the adult and the adult’s supportive family and friends;[140]
  • Consult with supportive family and friends and the adult and persons who provide personal care to the adult from time to time;[141]
  • Keep records for all property decisions;[142]
  • Make reasonable efforts to determine whether the adult has a will, and not dispose of any property that the guardian knows is subject to a specific testamentary gift in the will (does not apply to gifts of money);[143] and
  • Use the adult’s property to pay for expenses that are reasonably necessary for the adult’s (and the adult’s dependants’) support, education, and care, and any expenses that are necessary to satisfy the adult’s legal obligations[144]

Guardians of the person and attorneys for personal care

Guardians of the person and attorneys for personal care are similarly required to exercise their powers and duties diligently and in good faith.[145] Section 66(3) sets out the principles that such guardians and attorneys should follow in making decisions on behalf of the adult. In essence, the guardian or attorney should act in accordance with the adult’s wishes and instructions or, where no applicable wishes and instructions have been expressed, in the adult’s best interests.

  • Other decisions
  • (3) The guardian shall make decisions on the incapable person’s behalf to which the Health Care Consent Act, 1996 does not apply in accordance with the following principles:
    • 1.  If the guardian knows of a wish or instruction applicable to the circumstances that the incapable person expressed while capable, the guardian shall make the decision in accordance with the wish or instruction.
    • 2.  The guardian shall use reasonable diligence in ascertaining whether there are such wishes or instructions.
    • 3.  A later wish or instruction expressed while capable prevails over an earlier wish or instruction.
    • 4.  If the guardian does not know of a wish or instruction applicable to the circumstances that the incapable person expressed while capable, or if it is impossible to make the decision in accordance with the wish or instruction, the guardian shall make the decision in the incapable person’s best interests. 
  • Best interests
  • (4) In deciding what the person’s best interests are for the purpose of subsection (3), the guardian shall take into consideration,
    • (a)  the values and beliefs that the guardian knows the person held when capable and believes the person would still act on if capable;
    • (b)  the person’s current wishes, if they can be ascertained; and
    • (c)  the following factors:
      • 1.  Whether the guardian’s decision is likely to,
        • i.  improve the quality of the person’s life,
        • ii.  prevent the quality of the person’s life from deteriorating, or
        • iii.  reduce the extent to which, or the rate at which, the quality of the person’s life is likely to deteriorate.
      • 2.  Whether the benefit the person is expected to obtain from the decision outweighs the risk of harm to the person from an alternative decision. 

Other duties of guardians of the person and attorneys for personal care include:[146]

  • Keep records of decisions;
  • Encourage the person to participate in the guardian’s decisions;
  • Encourage regular personal contact between the adult and the adult’s supportive family and friends;
  • Consult from time to time with supportive family and friends and the adult and persons who provide personal care to the adult;
  • Foster the adult’s independence;
  • Choose the least restrictive and intrusive course of action; and
  • Not use or consent to the use of confinement or monitoring devices, or to the restraint of the adult physically or by drugs, unless this is essential to prevent serious bodily harm or allows the adult greater freedom or enjoyment.

9.3 Removal of substitute decision-makers

Substitute decision-makers sometimes abuse their powers and engage in financial abuse or neglect. A substitute decision-maker may need to be removed to protect the older person or their assets.

POAs for property

An adult can change or revoke a POA for property at any time, provided they still have the decision-making capacity required to create the document and the revocation is in writing.[147]

A POA for property is automatically terminated when the court appoints a guardian for property, or if the adult executes a new POA for property (unless the adult expressly provides for multiple attorneys).[148]

A person can apply to the court for directions on any question arising in connection with a POA for property or guardian of property, including where they are concerned that an attorney or guardian is abusing their powers. Such an application may be made by:

  • The adult’s guardian of property;
  • The adult’s attorney under a POA for property;
  • A dependant of the adult;
  • The adult’s guardian of the person;
  • The adult’s attorney under a POA for personal care;
  • The OPGT;
  • Any other person with leave of the court.

The court has the power to give such directions as it considers to be for the benefit of the person and his or her dependants and consistent with the Substitute Decisions Act.[149] This could include an order that the POA for property be terminated, if this is in the best interests of the adult.

Guardians of property

The court can change a guardian of property. A motion for this change may be made by the guardian, the applicant in the initial guardianship application, the adult, an attorney for property or personal care, the adult’s guardian of the person, or the OPGT.[150]

As with POAs for property, a person can apply to the court for directions in respect of a guardianship of property.

Statutory guardians

A statutory guardianship can end in several ways, including where:

  • A valid POA for property is discovered and provided to the OPGT;[151]
  • Another person replaces the OPGT as statutory guardian. A spouse, partner, relative, attorney under a POA for property, or trust corporation can apply to the OPGT to become the statutory guardian;[152]
  • The court appoints a guardian for property;[153]
  • An assessor gives notice to the guardian that the adult is capable of managing property;[154] or
  • The court ends the statutory guardianship upon an application by the adult[155]

POAs for personal care

An adult can change or revoke a POA for personal care at any time, provided they still have the decision-making capacity required to create the document and the revocation is in writing.[156]

A POA for personal care is automatically terminated when the court appoints a guardian of the person, or if the adult executes a new POA for personal care (unless the adult expressly provides for multiple attorneys).[157]

As with a POA for property, a person can apply to the court for directions on any question related to a POA for personal care or guardian of the person, including where they are concerned that an attorney or guardian is abusing their powers. The application may be made by:

  • The adult’s guardian of the person;
  • The adult’s attorney under a POA for personal care;
  • A dependant of the adult;
  • The adult’s guardian of the person;
  • The adult’s attorney under a POA for personal care;
  • The OPGT;
  • Any other person with leave of the court.

The court has the power to give such directions as it considers to be for the benefit of the person and his or her dependants, and consistent with the Substitute Decisions Act. [158] This court may order that the POA for personal care be terminated, if this is in the best interests of the adult.

Guardian of the person

The court can change a guardian of the person. A motion to make such a change may be made by the guardian, the applicant in the initial guardianship application, the adult, an attorney for property or personal care, the adult’s guardian of the person, or the OPGT.[159]

As with a POA for personal care, a person can apply to the court for directions in respect of a guardianship of the person.

9.4 The OPGT and temporary guardianship under the Substitute Decisions Act

Under the Substitute Decisions Act, the OPGT must investigate any allegation that a person is incapable of managing property or personal care and that serious adverse effects are occurring or may occur as a result.[160] “Serious adverse effects” mean:

  • In the property context: “[l]oss of a significant part of a person’s property, or a person’s failure to provide necessities of life for himself or herself or for dependants.”[161]
  • In the personal care context: “serious illness or injury, or deprivation of liberty or personal security”.[162]

If, as a result of the investigation, the OPGT believes the adult is incapable and that prompt appointment of a temporary guardian is required to protect them, the OPGT can apply to the court to be appointed temporary guardian. Such an order can be in place for up to 90 days. It can suspend the operation of a POA for property or personal care.[163]

A guardianship investigation by the OPGT should be considered a last resort. Before conducting an investigation, the OPGT will consider if there less restrictive solutions available. For example, a statutory guardian may be appointed, or a person may apply to the court to review how authority under a POA for property or personal care is being exercised.[164]

10. Employment Leave

An employee may be eligible for job-protected leave of absence under the Employment Standards Act[165] if they or their child has experienced or been threatened with domestic or sexual violence. An employee can take this leave when they are fleeing abuse to obtain services, including:

  1. To seek medical attention for the employee or the child of the employee in respect of a physical or psychological injury or disability caused by the domestic or sexual violence.
  2. To obtain services from a victim services organization for the employee or the child of the employee.
  3. To obtain psychological or other professional counselling for the employee or the child of the employee.
  4. To relocate temporarily or permanently.
  5. To seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic or sexual violence.
  6. Such other purposes as may be prescribed.[166]

To qualify for the leave the employee must have worked for the employer for at least 13 consecutive weeks.[167]

Employees are entitled to up to ten days of domestic or sexual violence leave every calendar year. They are also entitled to 15 weeks of leave, which must be taken in blocks of one or more weeks, every calendar year. The first five days of domestic or sexual violence leave taken in a calendar year is paid leave. [168]

An employee must notify their employee as soon as possible before or after the leave is taken. For the 15-week leave, the employee must notify their employer in writing. An employer can ask for reasonable proof of the employee’s entitlement to leave. The employer must keep the disclosed information confidential, except where the employee has consented, or the disclosure is authorized by law.[169]

12. Immigration Sponsorship and Income Assistance

In Ontario there are some exceptions to the general rule that a sponsored immigrant must pursue financial support from their sponsor before applying for social assistance. Abuse or family violence is one such exception.[170]

The requirement to first seek support from the sponsor can be waived for three to twelve months if there is a breakdown in the sponsorship relationship because of abuse or family violence. A sponsored immigrant must try to verify the claim of abuse, for example by providing third party verification from the police, a lawyer, or a community or health care professional.[171]

A sponsored immigrant can be permanently exempted from the requirement to pursue support if there is evidence of abuse or family violence over a prolonged period and it is not in the best interests of the sponsored immigrant to pursue support.[172]

If a sponsored immigrant reports there is abuse or family violence, a note is placed on their account. The sponsor will not be sent a warning letter or notification of default, and the province will not attempt to collect the sponsorship debt. If subsequent information reveals that the alleged abuse or family violence has been resolved, the government may try to collect the sponsorship debt.[173]

13. Key Contacts

Reporting Elder Abuse

Retirement Homes Regulatory Authority

To report abuse of a resident who is living in a retirement home, call 1‐855‐275‐7472.

Long-Term Care ACTION Line

To report abuse of a resident who is living in long-term care, call 1-866-434-0144. Reports can be made anonymously.

Office of the Public Guardian and Trustee

To report an adult who may have reduced capacity and is being abused, you can contact the OPGT Guardianship Investigation Division at 1-800-366 0335.

Government Agencies

Seniors Safety Line

This information line provides information, referrals, and support for older adults who are experiencing abuse. This line is available 24 hours a day. Services are available in over 150 languages. This service is run by the Assaulted Women’s Health Line.

Victim Support Line

The Victim Support Line provides information about what victim services are available in the province and gives referrals to these services. Services are available 24 hours a day and are available in many languages.

Seniors’ InfoLine

This phone line provides information on programs and services for seniors in Ontario.

Human Rights Legal Support Centre

The support center provides information on human rights in Ontario, legal support in filing human rights complaints, and legal representation.

To file a human rights complaint, contact the Human Rights Tribunal of Ontario at 1-866-598-0322 or [email protected]

Community Organizations

Elder Abuse Prevention Ontario

EAPO is a network seeking to end elder abuse. EAPO produces public education on elder abuse, provides training opportunities for people who work with older adults and caregivers, and coordinates programs and collaborations. EAPO also supports elder abuse prevention networks across the province.

Advocacy Centre for the Elderly

ACE provides legal services for lower income older adults in some areas of Ontario. Legal services are available on a number of legal issues, including elder abuse, health care, long-term care, and pensions. ACE also provides public legal education and works on law reform.

Endnotes

[1] Home Care and Community Services Act, 1994, SO 1994, c 26 [HCCSA].

[2] Retirement Homes Act, 2010, SO 2010, c 11 [RHA].

[3] O Reg 166/11.

[4] Fixing Long-Term Care Homes Act, 2021, S.O. 2021, c 39, sch 1.

[5] O Reg 246/22.

[6] Regulated Health Professions Act, 1991, SO 1991, c 18 [RHPA].

[7] Health Care Consent Act, 1996, SO 1996, c 2, Sch A.

[8] Family Law Act, R.S.O. 1990, c F3.

[9] Substitute Decisions Act, 1992, SO 1992, c 30.

[10] Powers of Attorney Act, RSO 1990, c P.20.

[11] Public Guardian and Trustee Act, RSO 1990, c P51.

[12] Personal Health Information Protection Act, 2004, SO 2004, c 3, Sch. A.

[13] O Reg 329/04.

[14] Freedom of Information and Protection of Privacy Act, RSO 1990, c F31.

[15] Municipal Freedom of Information and Protection of Privacy Act, RSO 1990, c M56.

[16] Employment Standards Act, 2000, SO 2000, c 41 [ESA].

[17] FLTCHA, supra note 4.

[18] Retirement Homes Act, 2010, SO 2010, c 11.

[19] FLTCHA, supra note 4, s 1.

[20] RHA, supra note 2, s 1.

[21] FLTCHA, supra note 4, s 2(1).

[22] O Reg 246/22, supra note 5, s 2(1).

[23] Ibid.

[24] Ibid.

[25] Ibid, s 2(2).

[26] Ibid, s 2(1).

[27] Ibid, s 2(3).

[28] Ibid, s 2(1).

[29] Ibid, s 5.

[30] O Reg 166/11, supra note 3, s 1.

[31] RHA, supra note 2, s 2.

[32] FLTCHA, supra note 4, s 1.

[33] Ibid, s 24.

[34] Ibid, s 25(2).

[35] O Reg 246/22, supra note 5, s 103.

[36] Ibid, s 106.

[37] RHA, supra note 2, s 67; O Reg 166/11, supra note 3, s 15.

[38] FLTCHA, supra note 4, s 28; RHA, ibid, s 75.

[39] FLTCHA, ibid, s 28(3); RHA, ibid, s 75(2).

[40] FLTCHA, ibid, s 28.

[41] RHA, supra note 2, s 75(1).

[42] FLTCHA¸ supra note 4, s 28(5); RHA, ibid, s 98(1)(c).

[43] FLTCHA, ibid, s 28(6); RHA, ibid, s 98(1)(d).

[44] FLTCHA, ibid, s 192(2).

[45] RHA, supra note 2, s 99.

[46] O Reg 246/22, supra note 5, s 104.

[47] FLTCHA, supra note 4, s 30(2).

[48] Ibid, s 31.

[49] RHA, supra note 2, s 115.

[50] Ibid, s 115(2).

[51] Ibid, s 116.

[52] FLTCHA, supra note 4, s 30(3); RHA, ibid, s 115.

[53] FLTCHA, ibid, s 30; RHA, ibid, s 115.

[54] FLTHCA¸ ibid, s 26; RHA, ibid, s 73.

[55] FLTCHA, ibid, s 26(1)(c).

[56] O Reg 246/22, supra note 5, s 105; O Reg 166/11, supra note 3, s 15(3).

[57] FLTCHA, supra note 4, s 27; RHA, supra note 2, s 74.

[58] FLTCHA¸ ibid, s 27(2).

[59] O Reg 246/22, supra note 5, s 104; O Reg 166/11, supra note 3, s 15(3).

[60] FLTCHA, supra note 4, s 29(2); RHA, supra note 2, s 75.

[61] FLTCHA, ibid, ss 29, 150 & 151; RHA, ibid, ss 77 & 79.

[62] FLTCHA, ibid, s 152.

[63] RHA, supra note 2, s 77(14).

[64] FLTCHA, supra note 4, ss 154, 155, 158.

[65] FLTCHA, supra note 4, ss 155, 156, 157, 159.

[66] RHA, supra note 2, s 90, 91, 93, & 95.

[67] HCCSA, supra note 1.

[68] HCCSA, supra note 1, s 26.

[69] RHPA, supra note 6.

[70] Schedule 1 to the RHPA, supra note 6.

[71] Ibid, Sch 2, s 25(4).

[72] Ibid, Sch 2, s 85.1.

[73] Ibid¸ Sch 2, s 85.6.1, 85.6.4.

[74] Ibid, Sch 2, s 85.6.2, 85.6.3.

[75] Ibid, Sch 2, s 85.2.

[76] Ibid, Sch 2, s 85.5.

[77] Ibid, Sch 2, s 85.6.

[78] Ibid, Sch 2, s 25.4.

[79] Ibid, Sch 2, s 26(4).

[80] Ibid, s 51.

[81] Ibid, s 51(5.2).

[82] Ibid, Sch 2, s 25.1.

[83] FLTCHA, supra note 4, s 28(4); RHA, supra note 2, s 75(3).

[84] FLTCHA, ibid, s 28(7); RHA, ibid, s 75(4).

[85] FLTCHA, ibid, s 28(4); see also RHA, ibid, s 75(3).

[86] FLTCHA, ibid, s 28(7); see also RHA, ibid, s 75(4).

[87] PHIPA, supra note, 12 s 1-3.

[88] FOIPPA, supra note 14, s 1 & 2.

[89] MFIPPA, supra note 15, s 1 & 2.

[90] PHIPA, supra note, 12, s 29; FOIPPA¸ supra note 14, s 42.

[91] PHIPA, ibid, s 38.

[92] PHIPA, ibid, s 40(1).

[93] PHIPA, ibid, s 43(1).

[94] FOIPPA, supra note 14, s 42(1).

[95] MFIPPA, supra note 15,  s 32.

[96] Descôteaux v Mierzwinski, [1982] 1 SCR 860 at 870–876, 141 DLR (3d) 590 [Descôteaux cited to SCR].

[97] Smith v Jones, [1999] 1 SCR 455 at para 35, 169 DLR (4th) 385, [Smith cited to SCR].

[98] R. v. McClure, [2001] S.C.R. 445, [McClure cited to SCR].

[99] The Law Society of Ontario, Rules of Professional Conduct, Toronto: Law Society of Ontario, 2019, online: <www.lso.ca/about-lso/legislation-rules/rules-of-professional-conduct>.

[100] Ibid, s 3.3-1.

[101] Ibid, s 3.3-1.1 & 3.3-3.

[102] Ontario, Ministry of the Attorney General, Crown Prosecution Manual (Toronto: Ministry of the Attorney General, 1 November 2018), online: <www.ontario.ca/document/crown-prosecution-manual>.

[103] Ibid at “D.3: Charge Screening” (Effective 14 November 2017).

[104] Ibid.

[105] Ibid at “D.9: Direct Indictments” (Effective 14 November 2017).

[106] Ibid.

[107] Ibid.

[108] Ibid.

[109] Ibid at “D.23: Intimate Partner Violence” (Effective 14 November 2017).

[110] Ibid at “D. 33: Sexual Offences against Adults” (Effective 1 December 2017).

[111] Ibid at “D. 35: Victims” (Effective 14 November 2017).

[112] Ibid at “D. 34: Testimonial Aids and Accessibility” (Effective 17 November 2017).

[113] Ibid.

[114] Ibid.

[115] FLA, supra note 8.

[116] FLA, supra note 8, s 46.

[117] Ibid.

[118] Ibid.

[119] Ibid, s 24.

[120] Ibid, s 24(3)(f).

[121] SDA, supra note 9, s 7, 9.

[122] Ibid, s 46.

[123] Ibid, s 49.

[124] Mental Health Act, R.S.O. 1990, c. M.7.

[125] Ibid, s 16.

[126] Ibid, s 78.

[127] Ibid, s 17.

[128] Ontario, Ministry of the Attorney General, A Guide to the Substitute Decisions Act, 2000, online: <www.attorneygeneral.jus.gov.on.ca/english/family/pgt/pgtsda.pdf>.

[129] SDA, supra note 9, s 22(3).

[130] Ibid, s 24.

[131] Ibid, s 55.

[132] Ibid, s 57.

[133] Ibid, ss 32, 38.

[134] Ibid, s 32(7).

[135] Ibid, s 32(8).

[136] Ibid, s 32(1.1).

[137] Ibid, s 32(1.2).

[138] Ibid, s 32(2).

[139] Ibid, s 32(3).

[140] Ibid, s 32(4).

[141] Ibid, s 32(5).

[142] Ibid, s 32(6).

[143] Ibid, ss 33.1, 35.1.

[144] Ibid, s 37.

[145] Ibid, ss 66, 67.

[146] Ibid.

[147] Ibid, ss 8, 12(2).

[148] Ibid, s 12.

[149] Ibid, s 39.

[150] Ibid, ss 26 and 69.

[151] Ibid, s 16.1.

[152] Ibid, s 16.1 & 17.

[153] Ibid, s 20(1).

[154] Ibid.

[155] Ibid, s 20.3.

[156] Ibid, ss 47(3), 53.

[157] Ibid, s 53.

[158] Ibid, s 68.

[159] Ibid, ss 61 and 69.

[160] Ibid, ss 27(2), 62(2).

[161] Ibid, s 27(1).

[162] Ibid, s 62(1).

[163] Ibid, ss 27, 62.

[164] Ontario, Ministry of the Attorney General, Guardianship Investigations: The Roel of the Public Guardian and Trustee (2016), online: <www.attorneygeneral.jus.gov.on.ca/english/family/pgt/guardinvestigation.html>.

[165] ESA, supra note 16.

[166] ESA, supra note 16, s 49.7(2).

[167] Ibid, s 49.7.

[168] Ibid.

[169] Ibid.

[170] Ontario, Ministry of Children, Community and Social Services, Ontario Works Directives (June 2018) at s 3.11 Sponsored Immigrants, online: <www.mcss.gov.on.ca/en/mcss/programs/social/directives/ow/3_11_OW_Directives.aspx>.

[171] Ibid.

[172] Ibid.

[173] Ibid.

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