Canadian Centre for Elder Law A Practical ... - Your Legal Rights

!The law does not define abuse or neglect. The essence of the above provisions in termsof elder abuse is that the duty to report applies to abuse of older adults who areincapable of protecting themselves from abuse due to physical disability or mentalinfirmity, neither of which are defined in the law.Individuals who fail to report the information are guilty of an offence and may be fined upto $1,000 or imprisoned for up to one year, or both (ss. 16(1) and 17).Protection for Persons in Care ActThe Protection for Persons in Care Act (s. 6) states that any person who believes that anadult patient or resident is, or is likely to be, abused, may make a report to the Minister.Individuals who provide services to residents of hospitals and care facilities have anobligation to report abuse and likely abuse (s. 5).Administrators of health facilities must report all allegations of abuse against a patient orresident and have an additional duty to protect patients and residents from abuse:4 (1) The administrator of a health facility has a duty to protect the patients orresidents of the facility from abuse and to maintain a reasonable level of safety forthe patients or residents.(2) The administrator of a health facility shall report to the Minister all allegations ofabuse against a patient or resident that come to the knowledge of the administrator.It is an offence to not report abuse: service providers or administrator who fail to reportmay be fined up to $2,000; corporations may be fined up to $30,000 (s. 17(1)).Domestic Violence Intervention ActUnder the Domestic Violence Intervention Act (s. 6), it is possible to get an emergencyprotection order where domestic violence has occurred. Domestic violence includes (s.5(1)):(a) an assault that consists of the intentional application of force that causes thevictim to fear for his or her safety, but does not include any act committed in selfdefence;(b) an act or omission or threatened act or omission that causes a reasonable fear ofbodily harm or damage to property;(c) forced physical confinement;(d) sexual assault, sexual exploitation or sexual molestation, or the threat of sexualassault, sexual exploitation or sexual molestation;(e) a series of acts that collectively causes the victim to fear for his or her safety,including following, contacting, communicating with, observing or recording anyperson.5. Elder Abuse and Neglect in the WorkplaceThe Protection for Persons in Care Act (s. 13) states that no action may be broughtagainst any person who reports abuse of an adult patient or resident in good faith.! "#!