Designated Agencies for Home Care and Senior Housing

Designated Agencies

Designated agencies in BC are responsible for responding to reports of abuse or neglect of vulnerable adults who have no one to act on their behalf. Designated agencies include the five regional health authorities and Community Living BC (for adults receiving their services).(1) For their contact information, see Appendix A.

When there are concerns about abuse or neglect in long-term care or assisted living, these are considered complaints about paid caregivers, and they should be made to the appropriate licensing authority within the relevant health authority rather than a designated agency (see Appendix A).

When there are concerns about a vulnerable adult being abused or neglected by someone other than a paid caregiver, or self-neglecting, a designated agency may be able to help.

A designated agency has the authority to investigate and take necessary legal actions. Wherever possible, the designated agency responder must talk directly to the adult, involve the adult in deciding what to do, and provide the adult with the support they want and need. The designated authority may:

• interview relatives;
• contact the adult’s doctor and health team;
• contact the person managing the adult’s affairs (attorney, representative, joint bank account holder);
• report criminal offences to the police;
• report to the PGT or other agencies;
• apply for an access order from Provincial Court, Family Division in non-emergency situations to enter the premises and interview the adult, or have health care providers examine the adult and determine if they need care; and
• seek an entry warrant from a Judicial Justice of the Peace or a Provincial Court judge for the purpose of interviewing the adult, if the process to obtain an access order will cause a delay that could result in further harm to the adult. This does not allow health care providers to examine the adult.(2)

There are some misconceptions about what designated agencies can do. They do not:

• perform wellness checks (checking on an adult without a report of abuse or neglect);
• respond to emergencies;
• provide support to adults who can reach out for supports on their own; or
• investigate reports of abuse by staff that can typically be resolved by the Patient Care Quality Office or licensing or the assisted living registry.

References

1. “Designated Agencies Regulation,” BC Reg 19/2002, online: <http://canlii.ca/t/850b>; “Adult Guardianship Act,” RSBC 1996, c 6, s 44, online: <http://canlii.ca/t/84gj>.
2. “Adult Guardianship Act,” RSBC 1996, c 6, ss 48-49, 51, & 59, online: <http://canlii.ca/t/84gj>

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Seniors First BC, February 2024.

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

In law, (1) a lawyer's bill to their client or a statement, or (2) a person's recollection of events.

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

(1) In real property law, a piece of property and a building situated on it, usually including the area of the property surrounding a building on that property. (2) In law generally, a premise is an assumption that founds a logical argument. See "argument" and "real property."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

(1) A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed, or (2) a courthouse.