If the CCAC is offering services but a client is refusing to accept them for any variety of
reasons, it may be difficult to resolve the situation, since it is unlikely that HSARB or any
other body will intervene as long as the client is refusing the service. Agencies such as
CCACs will usually make efforts to find a new worker. However, staff shortages, high
turn-over rates or other considerations may limit their ability to find a new worker who is
available when then client needs service. In most cases, this can mean that the client
goes without service until a new attendant becomes available to provide service to the
client. It may be possible in such cases to convince the CCAC to enter into mediation
with the client to resolve the issue in order that the client not to be left without service.
VII. Tools for Promoting Access to Services
In addition to holding agencies and service providers to the basic requirements of the
relevant legislation, Ontario’s Human Rights Code and the Accessibility for Ontarians
with Disabilities Act (AODA), there are two other key tools to use to promote the
principles of dignity and autonomy for persons receiving attendant services. These are
the Home Care Bill of Rights and the United Nations Convention on the Rights of
Persons with Disabilities.
A. Home Care Bill of RightsIn addition to the relevant legislation, the provision of attendant services is also guided
by the Home Care Bill of Rights, set out in Part III of the Home Care and Community
Services Act, 1994 c. 26. This document outlines how people must be treated when
they receive attendant services, supportive housing and outreach services. All people
who receive attendant services through a Community Care Access Centre are protected
by the Home Care Bill of Rights. It could be argued that the Home Care Bill of Rights
may also apply if a person is receiving services through a program paid for by the
Ministry of Health and Long-Term Care.