Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

"Point in Time" Regulation Content

Community Care and Assisted Living Act

Residential Care Regulation

B.C. Reg. 96/2009

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 October 1, 2009
November 4, 2019
December 1, 2019
Section 2 July 19, 2016
Section 3 July 19, 2016
Section 9 July 19, 2016
Section 12 December 1, 2019
Section 23 September 1, 2016
Section 24.1 July 19, 2016
Section 37 July 19, 2016
Section 42 July 19, 2016
Section 50.1 November 4, 2019
Section 63 July 19, 2016
Section 68 October 1, 2009
December 1, 2019
Section 77.1 November 4, 2019
Section 74 July 19, 2016
Section 76 July 27, 2018
Section 78 July 19, 2016
November 4, 2019
December 1, 2019
Section 83 January 15, 2010
December 1, 2019
Section 85 January 15, 2010
November 4, 2019
November 4, 2019
Section 85.1 May 31, 2012
Section 91 May 31, 2012
Section 94 January 15, 2010
Part 8 Section 97 to 100 December 1, 2019
Schedule D December 1, 2013
July 19, 2016

 Section 1 definition of "medication" BEFORE amended by OIC 225/2009, effective October 1, 2009.

"medication" means a drug as defined in the Pharmacists, Pharmacy Operations and Drug Scheduling Act;

 Section 1 definition of "parent or representative" BEFORE amended by BC Reg 114/2019, effective November 4, 2019.

"parent or representative" means a person who

(a) in the case of a child or youth, is the child or youth's parent within the meaning of the Child Care Licensing Regulation, B.C. Reg. 332/2007, or

(b) in the case of an adult, has authority

(i) under the Health Care (Consent) and Care Facility Admission Act or the Patients Property Act, or

(ii) under an agreement under the Representation Agreement Act

to make health or personal care decisions on behalf of the adult, but nothing in this regulation confers on the person any greater authority to make health or personal care decisions than the person has under those Acts or an agreement under the Representation Agreement Act;

 Section 1 definition of "health care provider" BEFORE repealed by BC Reg 189/2019, effective December 1, 2019.

"health care provider" has the same meaning as in the Health Care (Consent) and Care Facility (Admission) Act;

 Section 1 definition of "health professional" was added by BC Reg 189/2019, effective December 1, 2019.

 Section 2 (1) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(1) A prescribed residential program for the purpose of paragraph (b) of the definition of "care" in section 1 of the Act is Child and Youth Residential, being a program that provides residential care, including the types of care set out in subsection (2), to children and youths.

 Section 2 (2) (b) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(b) Mental Health and Substance Use, being residential care for persons who are in care primarily due to a mental disorder, substance dependence or both;

 Section 2 (2) (b.1) was added by BC Reg 178/2016, effective July 19, 2016.

 Section 3 BEFORE re-enacted by BC Reg 178/2016, effective July 19, 2016.

School residences exempted

3   A residential facility is exempt from the Act if the facility is located wholly on property owned or controlled by a school under the School Act or the Independent School Act.

 Section 9 (1) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(1) A licensee must not suspend, temporarily or permanently, operation of a community care facility unless the licensee has given written notice to a medical health officer at least one year before the suspension begins.

 Section 9 (2) (a) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(a) given written notice to a medical health officer at least 120 days before the reduction, expansion or change begins, and

 Section 9 (3) (a) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(a) either given written notice to a medical health officer at least 120 days before the sale, lease or transfer, or been informed by a medical health officer that notice

(i) need not be in writing, or

(ii) may be given in fewer than 120 days, and

 Section 12 (1) BEFORE repealed by BC Reg 189/2019, effective December 1, 2019.

12   (1) During an investigation or inspection, a person must not do either of the following:

(a) obstruct a medical health officer;

(b) withhold, conceal or destroy any records or information relevant to the investigation or inspection or required by the medical health officer.

 Section 23 BEFORE re-enacted by 178/2016, effective September 1, 2016.

Smoking

23   A licensee must ensure that

(a) no one other than a person in care smokes while on the premises of a community care facility,

(b) employees do not smoke while supervising persons in care, and

(c) if necessary for the safety of the person in care, a person in care who is smoking is supervised.

 Section 24.1 was enacted by BC Reg 178/2016, effective July 19, 2016.

 Section 37 (1) (part) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(1) A licensee must not employ a person in a community care facility unless the licensee or, in the case of a person who is not the manager, the manager has obtained all of the following:

 Section 37 (3) was added by BC Reg 178/2016, effective July 19, 2016.

 Section 42 (1) (b) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(b) assist persons in care with activities of daily living, including eating, mobility, dressing, grooming, bathing and personal hygiene, in a manner consistent with the health, safety and dignity of persons in care.

 Section 50.1 was enacted by BC Reg 114/2019, effective November 4, 2019.

 Section 63 (3) (c) (iv) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(iv) reassessed by the person in care's medical practitioner or nurse practitioner at least once every 30 days.

 Section 68 (3) (b) (i) BEFORE amended by OIC 225/2009, effective October 1, 2009.

(i)  the safe and effective storage, handling and administration of the person in care's medications, in compliance with the Pharmacists, Pharmacy Operations and Drug Scheduling Act, and

 Section 68 (1) (c) BEFORE amended by BC Reg 189/2019, effective December 1, 2019.

(c) if one is employed by the licensee, the health care provider responsible for the immediate supervision of health care services provided in the community care facility.

 Section 77.1 was enacted by BC Reg 114/2019, effective November 4, 2019.

 Section 74 (1) (a) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(a) in an emergency, or

 Section 76 (2) BEFORE repealed by BC Reg 167/2018, effective July 27, 2018.

(2) A licensee must notify the medical health officer within 24 hours after it comes to the attention of the licensee that a person in care in the community care facility has a reportable communicable disease as listed in Schedule A of the Health Act Communicable Disease Regulation, B.C. Reg. 4/83.

 Section 78 (1.1) was added by BC Reg 178/2016, effective July 19, 2016.

 Section 78 (1) (b) BEFORE repealed by BC Reg 114/2019, effective November 4, 2019.

(b) date of admission to the community care facility;

 Section 78 (1) (c) BEFORE amended by BC Reg 189/2019, effective December 1, 2019.

(c) name and telephone number of the person in care's parent or representative, contact person and primary health care provider;

 Section 83 (3) BEFORE amended by BC Reg 10/2010, effective January 15, 2010.

(3)  A licensee must review the nutrition plan of a person in care with a dietitian on a regular basis and if requested or required by

(a) a health care provider who provides care to the person in care,

(b) a medical health officer, or

(c) a funding program.

 Section 83 (3) (c) (i) BEFORE amended by BC Reg 189/2019, effective December 1, 2019.

(i) a health care provider who provides care to the person in care,

 Section 83 (4) (b) BEFORE amended by BC Reg 189/2019, effective December 1, 2019.

(b) immediately seek the advice of a health care provider if the person in care has experienced, unintentionally, a significant change in weight, and

 Section 83 (5) (b) BEFORE amended by BC Reg 189/2019, effective December 1, 2019.

(b) if it appears to the licensee that the person in care may have experienced a significant change in weight, immediately seek the advice of a health care provider.

 Section 85 (1) (c) (ii) BEFORE amended by BC Reg 10/2010, effective January 15, 2010.

(ii)  to a medical health officer on request, and

 Section 85 (1) (c) (ii.1) was added by BC Reg 10/2010, effective January 15, 2010.

 Section 85 (2) (m) was added by BC Reg 114/2019, effective November 4, 2019.

 Section 85 (2.1) was added by BC Reg 114/2019, effective November 4, 2019.

 Section 85.1 was enacted by BC Reg 110/2012, effective May 31, 2012.

 Section 91 BEFORE amended by BC Reg 110/2012, effective May 31, 2012.

 Currency and availability of records

91  (1)  A licensee must ensure that all records referred to in this regulation

(a) are current, and

(b) if the licensee operates more than one community care facility, are kept separately for each community care facility.

(2)  In respect of a record referred to in this regulation, a licensee must

(a) keep in a single place at the community care facility the records referred to in sections 78 to 81, 85, 88 and 89,

(b) keep a record other than one referred to in paragraph (a) in a place from which it can be retrieved within a reasonable time, on request, and

(c) produce records, on demand, to the medical health officer.

(3)  A licensee must ensure that a record relating to a person in care is accessible only to employees who require access to perform their duties in relation to the person in care.

 Section 94 (1) BEFORE amended by BC Reg 10/2010, effective January 15, 2010.

(1)  In this Division, "transitioned facility" means a facility that was licensed on or before August 1, 2000.

 Part 8 and sections 97 to 100 were enacted by BC Reg 189/2019, effective December 1, 2019.

 Schedule D, section 1 definitions of "aggressive or unusual behaviour" and "choking" BEFORE amended by BC Reg 205/2013, effective December 1, 2013.

"aggressive or unusual behaviour" means aggressive or unusual behaviour by a person in care towards other persons, including another person in care, which has not been appropriately assessed in the care plan of the person in care;

"choking" means a choking incident involving a person in care that requires emergency care by a medical practitioner or nurse practitioner, or transfer to a hospital;

 Schedule D, section 1 definition of "aggression between persons in care" was added by BC Reg 205/2013, effective December 1, 2013.

 Schedule D, section 1 definition of "emergency restraint" BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

"emergency restraint" means any use of a restraint that is not agreed to under section 74 [when restraints may be used];