Legal Definitions of Elder Abuse and Neglect
APPENDIX A: CANADIAN LEGISLATION—COMPARATIVE CHART
| Jurisdiction | Scope of Application | Definition of Abuse | Types of Abuse | Designated Agency | Comments | Other Relevant Legislation |
|---|---|---|---|---|---|---|
| British Columbia Adult Guardianship Act, R.S.B.C. 1996, c. 6. |
Adults who are abused or neglected and who are unable to seek support or assistance.i Adults who are abused or neglected in a public place, in the adult's home, a relative's home, a care facility, or any other place except a correctional centre. s.45(1) |
The deliberate mistreatment of an adult that causes the adult (a) physical, mental or emotional harm or (b) damage to or loss of assets, and includes intimidation, humiliation, physical assault, sexual assault, overmedication, withholding needed medication, censoring mail, invasion or denial of privacy or denial of access to visitors Part 1, s.1 |
|
The Ministry of Children and Family Development, and the five Health Authorities in British Columbia (Designated Agencies Regulation, B.C. Reg. 19/2002) | The provincial government has passed the Adult Guardianship and Planning Statutes Amendment Actii, which when it comes into force, will repeal the Patients Property Act and replace it with a new Part 2 of the Adult Guardianship Act, shifting from a committeeship system to a guardianship system with more imbedded rights. |
|
| Alberta Protection for Persons in Care Act, R.S.A. 2000, c. P-29. |
Adults who receive services from an “agency”, which is defined in s. 1(b) to mean an approved hospital as defined in the Hospitals Act, a lodge accommodation as defined in the Alberta Housing Act, a nursing home as defined in the Nursing Homes Act, a facility as defined in the Social Care Facilities Review Committee Act, or any institution organization designated by regulation as an agency. |
|
|
Ministry of Seniors and Community Supports. s.1(h) | The Act is being considered for amendment in 2009 following a review of the Act in 2006 (which was based on results of an earlier consultation process and the report prepared by the former legislative review committee in 2003). |
|
| Saskatchewan Victims of Domestic Violence Act, S.S. 1994, c. V-6.02. |
Cohabitants, defined as persons who reside or resided together in a family, spousal or intimate relationship or parents (s.2). | None. Defines "domestic violence". |
|
Emergency intervention order may be granted by a justice of the peace. s.3(1) Victim's assistance order may be made by the Court of Queen's Bench. s.7(1) |
This is a domestic violence statute. Saskatchewan has not enacted a comprehensive adult protection statute. |
|
| Saskatchewan The Public Guardian and Trustee Act, S.S. 1983, c-P-36.3 |
"vulnerable adult" means an individual, 16 years of age or more, who has an illness, impairment, disability or aging process limitation that places the individual at risk of financial abuse. (s.19) | "financial abuse" means the misappropriation of funds, resources or property by fraud, deception or coercion. s. 40.5(1) | Financial | The Public Guardian and Trustee Actiii was amended in 2001 to protect vulnerable adults. Section 40.5 allows a financial institution to act on its own initiative and freeze assets for five business days. Section 40.6 permits the Public Guardian and Trustee to freeze assets for up to thirty days, and s. 40.7 gives the Public Guardian and Trustee powers to investigate financial abuse. | ||
| Manitoba Protection for Persons in Care Act, C.C.S.M., c. P144. |
An adult resident, in—patient or person receiving respite care in a health facility.iv | Mistreatment, whether physical, sexual, mental, emotional, financial or a combination of any of them, that is reasonably likely to cause death or that causes or is reasonably likely to cause serious physical or psychological harm to a person, or significant loss to the person's property (s.1). |
|
Ministry of Health, Protection for Persons in Care Office (s.1). |
|
|
| Ontario Nursing Homes Act, R.S.O. 1990, c. N.7. |
Adults residing in a nursing home.v | None. Residents' bill of rights includes the right "to be free from mental and physical abuse… [and] and properly sheltered, fed, clothed, groomed and cared for in a manner consistent with his or her needs." s.2(2) |
|
The Director at the Ministry of Healthvi. | This Act will be repealed once Bill 140, An Act Respecting Long-term Care Homesvii comes into force. The Nursing Homes Act is currently the only legislation in Ontario dealing with the reporting of abuse. However, Ontario government policies found in the Long-Term Care Standards Manual may extend the reporting requirement across all Long-Term Care Facilities. |
|
| Québec Charte des droits et libertés de la personne, R.S.Q., c. C-12 (s.48) |
Aged or handicapped persons who may be exploited. | Every aged person and every handicapped person has a right to protection against any form of exploitation. |
|
Commission des Droits de la Personne et des Droits de la Jeunesse (s.57). |
|
|
| Nova Scotia Adult Protection Act R.S.N.S. 1989, c. 2. |
Adultsviii who are physically or mentally incapable, not living in a care facility and in need of protection.ix | None. However, "in need of protection" is defined to include abuse, cruelty and neglect (s. 3(b)). |
|
Minister of Healthx | This Act is currently under review. The Homes for Special Care Act, R.S.N.S. 1989, c. 203 covers care facilities; however, it is silent on the subject of abuse in care facilities. |
|
| Nova Scotia Protection for Persons in Care Regulation R.S.N.S. 2004, c. 33. |
Patients and residents 16 years of age and older who are receiving care from hospitals, residential care facilities, nursing homes, homes for the aged or disabled persons under the Homes for Special Care Act, or group homes or residential centres under the Children and Family Services Act. |
|
|
Department of Health and Community Services | Protection of Persons in Care Act, S.N.S. 2004, c. 33. | |
| New Brunswick Family Services Act S.N.B. 1980, c. F-22, Part III. |
Physically or mentally disabled or elderly adults. s.1. "elderly" means sixty-five years of age and over; s.34(1). |
An adult is a disabled person or an elderly person, or is within a group prescribed by regulation, and is a victim of or in danger of
|
|
Minister of Family and Community Services (s.1) | New Brunswick is considering developing substitute decision-making legislation. |
|
| Prince Edward Island Adult Protection Act R.S.P.E.I. 1988, c. A-5. |
Adults who are physically, mentally, or otherwise incapable. | Means offensive mistreatment, whether physical, sexual, mental, emotional, or material, or any combination thereof, that causes or is reasonably likely to cause the victim severe physical or psychological harm or significant material loss to his estate. Neglect means a lack of or failure to provide necessary care, aid, guidance or attention which causes or is reasonably likely to cause the victim severe physical or psychological harm or significant material loss to his estate.. s.1 |
|
Minister of Health and Social Services. s.1(j) | This Act is currently under review. An assessment to determine what, if any, assistance or protection is necessary must be a comprehensive investigation of the person's condition, circumstances and needs, and include a number of factors related to the individual's needs and abilities.xi |
|
| Newfoundland and Labrador Neglected Adults Welfare Act R.S.N.L. 1990, c. N-3. |
Adultsxii who are mentally or physically incapable of caring properly for themselves, but not suitable to be in a treatment facility under the Mental Health Care and Treatment Act. s.2(i) | Neglected adult means an adult
|
|
Director of Neglected Adults (Ministry of Health and Community Services). xiii | Newfoundland is looking at revising its legislation |
|
| Yukon The Adult Protection and Decision Making Act being Schedule A to the Decision-Making Support and Protection to Adults Act, S.Y. 2005, c. 21, Part Four: Adult Protection. |
Adults who are abused and neglected and who are unable to seek support or assistance.xiv Adults who are abused or neglected in a public place, in the adult's home, a care facility, or any other place except a correctional centre. s.60(1) |
The deliberate mistreatment of an adult that (a) causes the adult physical, mental or emotional harm, or (b) causes financial damage or loss to the adult, and includes intimidation, humiliation, physical assault, sexual assault, overmedication, withholding needed medication, censoring mail, invasion or denial of privacy, denial of access to visitors, or denial of use or possession of personal property. Neglect means any failure to provide necessary care, assistance, guidance, or attention to an adult that causes, or is reasonably likely to cause, within a short period of time, the adult serious physical, mental or emotional harm, or substantial financial damage or loss to the adult, and includes self-neglect. (s.58) |
|
Subject to Regulations. s. 84(1)(o). | The Adult Protection and Decision Making Act being Schedule A to the Decision-Making Support and Protection to Adults Act, S.Y. 2005, c. 21 also consists of three other Parts that may help to protect adults from abuse: Part One consists of Supported Decision-Making Agreements, Part Two consists of Representation Agreements, and Part Three consists of Court-Appointed Guardians. |
|
| Northwest Territories Protection Against Family Violence Act, S.N.W.T. 2003, c. 24. |
Spouse, former spouse, persons resided or who are residing together in a family or intimate relationship, parents or grandparents. s.2(1) | None. Defines family violence. |
|
Emergency protection order may be made by a justice of the peace. s. 4(1). Protection order may be made by the Supreme Court. s. 7(1). |
This is a domestic violence statute. The Northwest Territories has not enacted a comprehensive adult protection statute. |
|
| Nunavut Family Abuse Intervention Act, S.Nu. 2006, c. 18. |
Spouse, former spouse, person with whom an intimate relationship exists or existed, person with whom a family relationship exists, person with whom a care relationship exists or existed. s.2 | Defines mental or emotional abuse. s.1 |
|
|
This is a domestic violence statute. Nunavut has not enacted a comprehensive adult protection statute. This Act was proclaimed in force March 1, 2008. |
|
- Date modified: