Ontario seniors’ advocates are expressing concerns about protecting the legal rights of those who have been harmed, due to exposure to COVID-19, in long-term-care homes since March.

On Oct. 20, the Ontario government introduced new legislation called Bill 218: Supporting Ontario’s Recovery Act, which will “provide liability protection for workers, volunteers and organizations that make an honest effort to follow public health guidelines.” This includes homes in the long-term-care sector.

“The proposed legislation would ensure Ontarians, who are contributing to the recovery of our province and make good faith efforts to follow public health guidance and laws on COVID-19, are not discouraged from making a difference in their communities because they are afraid of civil liability,” Ontario attorney general Doug Downey said, regarding the announcement.

Members of the Advocacy Centre for the Elderly, as well as the Ontario Health Coalition responded, saying this bill, if passed, would make it increasingly difficult for families of loved ones who have suffered after being exposed to or infected with COVID-19 to sue.

The bill would mean the plaintiff would have to prove gross negligence on behalf of the home. The legislation also states that a home will receive protection if it made “an honest effort, whether or not that effort is reasonable.”