British Columbia Law

Care Facility Rights in BC: What Residents and Families Need to Know

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

When a family member moves into a care facility in British Columbia — an assisted living residence, residential care home, or complex care facility — most families focus on the medical side of things. Fewer know that residents have clearly defined legal rights under BC law, and that those rights don't disappear when someone moves into care.

The Legal Framework

Residential care facilities in BC are regulated under:

• *Community Care and Assisted Living Act*
• *Residential Care Regulation*
• *Health Care (Consent) and Care Facility (Admission) Act*
• *Adult Guardianship Act* (for protection from abuse or neglect)

These laws establish minimum standards for care, staffing, safety, complaint processes, and residents' rights.

Key Rights of Care Facility Residents in BC

Right to Dignity and Respect

Residents are entitled to be treated with respect, to have their cultural identity acknowledged, and to live free from abuse, neglect, and exploitation — including physical, emotional, sexual, and financial abuse.

Right to Informed Consent

Residents have the right to consent to or refuse any medical treatment, procedure, or intervention. If a resident is incapable of giving consent, a Representation Agreement, committee, or family member (in a defined hierarchy) makes decisions on their behalf.

Right to Privacy

Residents have the right to personal privacy, including in their rooms, for personal communications, and when receiving personal care. Records must be kept confidential.

Right to Complain

Residents and their families have the right to raise concerns with facility management, and to escalate complaints to:

• Fraser Health / Interior Health / Vancouver Coastal Health (depending on region)
• BC Ombudsperson — for systemic issues or when internal complaints don't resolve the problem
• Community Care Licensing — can investigate complaints and impose corrective action on facilities

Right to Visitors

Residents have the right to receive visitors of their choosing. Facilities cannot arbitrarily restrict family contact without justification.

Right to Participate in Care Planning

Residents (or their representatives) have the right to be involved in developing and reviewing their personal care plan.

Admission to a Care Facility

Admission to a residential care facility in BC must be consensual — a capable adult must agree to admission. If a person is incapable, consent may come from:

1. Their representative under a Representation Agreement (Section 9, if applicable)
2. A committee of person (court-appointed)
3. A near relative under the *Health Care (Consent) and Care Facility (Admission) Act*, following a defined hierarchy

No one can be admitted to residential care against their will if they are capable of refusing.

What Families Can Do When Rights Are Violated

If you believe a family member's rights are being violated in a BC care facility:

1. Document everything — dates, times, what happened, who was present
2. Raise it with the facility's manager or administrator in writing
3. Contact the regional health authority licensing office
4. Contact the BC Ombudsperson (1-800-567-3247) if the issue isn't resolved
5. Contact the Adult Guardianship Act designated agency (usually the health authority) if you suspect abuse or neglect of a vulnerable adult
6. Consult a BC lawyer if the situation involves serious harm, financial exploitation, or an urgent need for legal intervention

Planning for Care: What to Do in Advance

The best way to protect a family member's rights in a care facility is to ensure proper planning documents are in place *before* they're needed:

• A Representation Agreement (Section 9) giving a trusted person authority over health care and care facility admission
• A clear Advance Directive (also called advance care planning documents) setting out treatment wishes
• Regular communication with the care facility's staff and management about preferences and concerns

If these aren't in place and a family member is already in care and incapable, speak with a lawyer about whether a committee of person application is appropriate.

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.