Introduced as a private member’s bill. (These don’t often become law.)
Status
Second reading (Senate), as of Dec. 7, 2023 (This bill did not become law.)
Summary
This is from the published bill.
This enactment amends the Criminal Code to create an offence for long-term care facilities, their owners and their officers to fail to ensure necessaries of life are provided to residents of the facilities. The enactment also allows the court to make an order prohibiting the owners and the officers of such facilities from being, through employment or volunteering, in charge of or in a position of trust or authority towards vulnerable adults and to consider as an aggravating factor for the purpose of sentencing the fact that an organization failed to perform the legal duty that it owed to a vulnerable adult.
Elsewhere
All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.
Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-295s:
C-295 (2021)
An Act to amend the Income Tax Act (recent graduates working in a designated region)
C-295 (2016)
An Act to amend the Canada Elections Act (residence of electors)
C-295 (2013)
An Act to amend the Canada Pension Plan (designation of survivor)
C-295 (2011)
An Act to amend the Canada Pension Plan (designation of survivor)
Votes
Dec. 6, 2023Passed 3rd reading and adoption of Bill C-295, An Act to amend the Criminal Code (neglect of vulnerable adults)
March 8, 2023Passed 2nd reading of Bill C-295, An Act to amend the Criminal Code (neglect of vulnerable adults)
This is a computer-generated summary of the speeches below.
Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.
Bill C-295 aims to amend the Criminal Code to create a specific offense for owners and managers of long-term care facilities who fail to provide the necessities of life to residents, potentially endangering their lives or causing permanent health injuries. It would also allow courts to prohibit individuals convicted of such offenses from working or volunteering in positions of authority over vulnerable adults. Furthermore, the bill would introduce sentencing factors for organizations that fail to meet their legal obligations to vulnerable adults.
Liberal
Supports bill C-295: The Liberals support Bill C-295, which amends the Criminal Code to include penalties for the neglect of vulnerable adults. They believe it is a necessary step to protect vulnerable adults in long-term care facilities, and it does not intrude on provincial or territorial jurisdiction.
Accountability for negligence: The bill aims to hold owners and managers of long-term care facilities accountable under the Criminal Code for failing to provide appropriate care, especially in light of the COVID-19 pandemic's impact on these facilities. The bill seeks to address systemic issues in long-term care that adversely impact residents' quality of life.
Building on existing laws: Bill C-295 builds on existing criminal law measures, targeting owners and managers who fail to provide necessities, creating prohibition orders to prevent them from working with vulnerable adults, and establishing aggravating factors at sentencing for organizations that fail to meet their legal obligations.
Collaboration with provinces: While acknowledging long-term care as a provincial responsibility, the Liberals see the bill as a way for the federal government to set clear accountability and penalties. The intention is to work with provinces to establish pan-Canadian standards of care for long-term care facilities.
Conservative
Supports bill C-295: The Conservative party supports Bill C-295, which amends the Criminal Code to protect those who live in long-term care facilities. They believe this bill will hold owners and managers of such facilities to account when they neglect to provide the necessities of life to people in their care.
Address neglect in institutions: The Conservatives believe this bill addresses neglect within institutions by making changes to the Criminal Code that would hold operators and managers of such facilities to account when they neglect to provide the necessities of life to people in their care. They think all Canadians would agree that this level of neglect is a criminal matter and ought to be a criminal matter.
Government failing to act: The Conservatives are disappointed the government has not taken action on this issue, despite the Minister of Justice's mandate letter calling for action. They point out the Minister was tasked with finalizing a proper definition for “elder abuse”, getting better data on this problem and establishing new offences and penalties, but has failed to do so.
Need to improve conditions: The Conservatives agree that all levels of government, including the non-profits and companies that provide long-term care, must dramatically improve the conditions of long-term care facilities. The party supports providing federal funding to boost the number of health care aides and other critical staff working in long-term care facilities.
NDP
Supports the bill: The NDP supports Bill C-295, seeing it as a step in the right direction to address the deplorable conditions in long-term care homes, exposed by the COVID-19 pandemic. Members state that anything that brings attention to the issue is a valuable and worthy exercise.
Bill doesn't go far enough: The NDP believes the bill will not solve the underlying problems in the long-term care sector. They advocate for a more structured approach, including ending for-profit long-term care and bringing these homes under public ownership.
Need for accountability: The NDP criticizes the lack of accountability in the long-term care sector, highlighting that voluntary national standards are insufficient. They emphasize the need for mandatory standards, charges laid in cases of neglect, and stronger legal protections for seniors to ensure they live with dignity and respect.
Enforce the confidence agreement: The NDP states that due to their confidence and supply agreement with the Liberal Party, the Liberals have committed to tabling a safe long-term care act to guarantee seniors receive the care they deserve. The NDP urges the government to fulfill its commitments and invest in the long-term care sector to ensure access to safe, quality care for all seniors.
Bloc
Open to studying the bill: The Bloc supports studying Bill C-295 in committee and moving it forward, though they acknowledge it's not perfect in its current form.
Protecting provincial jurisdiction: The Bloc wants to ensure the bill remains within federal jurisdiction and does not interfere with provincial responsibilities, particularly concerning healthcare management. They are wary of the bill being considered a panacea and emphasize the need for increased health transfers to provinces.
Increase health transfers: The Bloc believes that the federal government's primary responsibility is to increase health transfers to the provinces to 35% to properly fund healthcare and improve the living conditions for seniors. The Bloc emphasizes that Quebec already has elder abuse legislation and solutions for improving long-term care.
Oppose national standards: The Bloc opposes the federal government imposing national standards on long-term care facilities, supporting Quebec's unanimous position on the matter. They advocate for increased health transfers instead of federal intervention and believe Quebec is capable of fixing its own system.
