Item - 2023.EX9.11

The Executive Committee recommends that:  

1. City Council establish the City of Toronto Long-Term Care Committee of Management for the City's 10 directly operated Long-Term Care homes in accordance with the governance structure set out in Attachment 1 to the report (October 13, 2023) from the General Manager, Seniors Services and Long-Term Care.

2. City Council establish a new Toronto Municipal Code Chapter setting out the Committee of Management’s mandate and governance structure.

3. City Council authorize the City Clerk to initiate an appointment process through Striking Committee for Committee of Management Members for consideration and appointment by City Council.

4. City Council appoint the City Clerk as Secretary of the City of Toronto Long-Term Care Committee of Management.

5. City Council direct that the Long-Term Care Committee of Management operate under the rules of procedure in Municipal Code Chapter 27, Council Procedures, as applicable and until such time as it adopts its own rules of procedure by-law as ratified by City Council.

6. City Council direct that the Police Record Check and declarations required by the Fixing Long-Term Care Act, 2021, for the purpose of appointing members to the Committee of Management be submitted to the General Manager, Seniors Services and Long-Term Care for the purpose of determining eligibility to serve, and once members are appointed by City Council, such records are stored in accordance with Regulation 246/22. 

7. City Council request the Mayor to consider establishing a Committee of Management for Long-Term Care in proposing the 2024 Budget for the City Clerk’s Office, in consultation with the Chief Financial Officer and Treasurer and the General Manager, Seniors Services and Long-Term Care.

The purpose of this report is to establish a Committee of Management for the City of Toronto to comply with the Fixing Long-Term Care Act, 2021.

The Fixing Long-Term Care Act, 2021 (FLTCA) is provincial legislation that regulates Ontario's long-term care (LTC) sector. On April 11, 2022, the FLTCA was proclaimed into force and the former Long-Term Care Homes Act, 2007 was repealed. As a LTC operator in Ontario, City of Toronto Seniors Services and Long-Term Care (SSLTC) must comply with all requirements under the FLTCA and associated regulations, including those related to a LTC Committee of Management.

Under the FLTCA and Ontario Regulation 246/22, municipal operators of LTC homes must establish a Committee of Management for the homes. The purpose of the Committee of Management is to ensure that City of Toronto LTC homes comply with all requirements under the FLTCA.  

The Committee of Management must be appointed by City Council from among its members, with a minimum of three members. Under the FLTCA and Ontario Regulation 246/22, members of the Committee of Management are required to undergo a Police Record Check (PRC) and provide a signed declaration disclosing certain criminal charges, convictions, and misconduct.

Without a formal Committee of Management in place, including members who have undergone required screening, the City is in violation of the FLTCA and subject to penalties under the Act. The recommendations in this report will ensure that the City complies with its obligations related to the LTC Committee of Management under the FLTCA.