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Homemakers and Nurses Services Act

R.R.O. 1990, REGULATION 634

GENERAL

Consolidation Period: From July 1, 2010 to the e-Laws currency date.

Last amendment: O. Reg. 102/10.

This is the English version of a bilingual regulation.

Homemaking and Nursing Services

1.  (1) In this Regulation,

“approved band” means a band approved by the Minister of Health and Long-Term Care and listed in Table 1; (“bande agréée”)

homemaking services” means housekeeping services including,

(a) the care of a child or children,

(b) meal planning, marketing and the preparation of nourishing meals, and the preparation of special diets where required,

(c) light, heavy and seasonal cleaning,

(d) light laundry, ironing and essential mending of clothing,

(e) personal care, including assistance in walking, climbing or descending stairs, getting into or out of bed, eating, dressing, bathing and other matters of personal hygiene,

(f) simple bedside care, where required, under the direction of a physician or nurse, but not including nursing services, and

(g) training and instruction in household management and the care of children,

provided in accordance with section 6 of the Act by a homemaker qualified under this Regulation; (“services d’aides familiales”)

nurse” means a person who is a member of the College of Nurses of Ontario; (“infirmière visiteuse”)

nursing services” means the services that are customarily provided by a nurse on a visitation basis; (“services d’infirmières visiteuses”)

“welfare administrator” means a municipal welfare administrator, a regional welfare administrator or a welfare administrator of an approved band, as the case may be. (“administrateur de l’aide sociale”) R.R.O. 1990, Reg. 634, s. 1; O. Reg. 512/07, s. 1 (1).

(2) In this Regulation, when a form is referred to by number, the reference is to the form with that number that is described in Table 2 and is available on the website of the Ministry of Health and Long-Term Care. O. Reg. 512/07, s. 1 (2).

Qualifications of Homemakers and Nurses

2. A homemaker shall be,

(a) a person who is qualified by training or experience to perform homemaking services;

(b) medically examined annually and certified by a physician as being in good health and physically fit for the duties of a homemaker;

(c) sympathetic to the welfare of children and families and to those who are elderly, handicapped, ill or convalescent;

(d) a person with experience and knowledge sufficient to meet the needs of the persons and families for whom the person acts as a homemaker and with the ability to cope with their problems; and

(e) a person with ability to transmit his or her homemaking skills by simple, practical methods of instruction and demonstration. R.R.O. 1990, Reg. 634, s. 2.

3. (1) Subject to this section, the Minister may direct payment of a grant to a municipality, the council of an approved band or to any other person or organization towards the cost of a course of instruction for homemakers established in accordance with subsection (2) by the municipality, council of the band, person or organization, as the case may be. R.R.O. 1990, Reg. 634, s. 3 (1).

(2) A course of instruction for homemakers for which a grant may be payable under subsection (1) shall include instruction in,

(a) child care, including the specialized care of infants and young children;

(b) hygiene, personal services and simple bedside care for elderly, handicapped, ill or convalescent persons;

(c) home economics, including nutrition, marketing, purchasing and budgeting;

(d) meal planning and preparation, including the preparation of special diets;

(e) laundering, ironing and the care and mending of clothing;

(f) general household duties and management; and

(g) other skills incidental to those skills referred to in clauses (a) to (f). R.R.O. 1990, Reg. 634, s. 3 (2).

(3) An application for a grant under subsection (1) shall be made to the Director and shall be accompanied by a written statement showing,

(a) an outline of the purpose and content;

(b) the duration; and

(c) the estimated cost,

of the proposed course of instruction. R.R.O. 1990, Reg. 634, s. 3 (3).

(4) Except where the Minister otherwise directs, every recipient of a grant under subsection (1) shall, after receiving the grant, forward to the Minister in the year immediately following the year that the grant was received or at such earlier date as the Minister may specify, a statement certified by a public accountant licensed under the Public Accountancy Act, showing the amounts paid and how the proceeds of the grant were disbursed by the recipient thereof. R.R.O. 1990, Reg. 634, s. 3 (4).

(5) In addition to the statement that may be required under subsection (4), a recipient of a grant under subsection (1) shall forward to the Minister such other financial and statistical information as the Minister from time to time may require. R.R.O. 1990, Reg. 634, s. 3 (5).

Reimbursement by Ontario

4. (1) In this section,

“liquid assets” means cash, bonds, debentures, stocks, the beneficial interest in assets held in trust and available to be used for maintenance and any other assets that can be readily converted into cash; (“actif disponible”)

“person in need” means,

(a) a beneficiary of an allowance under the Family Benefits Act,

(b) a person eligible for income support under the Ontario Disability Support Program Act, 1997,

(b.1) a person eligible for employment assistance or basic financial assistance under the Ontario Works Act, 1997, or

(c) subject to subsections (2) and (3), a person who by reason of financial hardship, inability to obtain regular employment, lack of the principal family provider, illness, disability or old age, has available monthly income as determined by the welfare administrator in accordance with Form 4, that is less than the monthly cost of providing under the Act the service of a homemaker or nurse to the person or any of the person’s dependants. (“personne nécessiteuse”) R.R.O. 1990, Reg. 634, s. 4 (1); O. Reg. 512/07, s. 2.

(2) In determining that a person is a person in need for the purposes of this section, there may be excluded in determining available income an exemption on net earnings not exceeding an amount equal to 25 per cent of the monthly net earnings of the person and the monthly net earnings of his or her dependants. R.R.O. 1990, Reg. 634, s. 4 (2).

(3) In determining that a person is a person in need for the purpose of this section, the welfare administrator shall take into account the liquid assets that are available. R.R.O. 1990, Reg. 634, s. 4 (3).

(4) For the purpose of section 10 of the Act, the financial circumstances of a person in need do not permit him or her to pay in full the fees prescribed for the services of a homemaker or nurse. R.R.O. 1990, Reg. 634, s. 4 (4).

(5) The monthly amount of the reimbursements payable under section 10 of the Act by Ontario to a municipality or to a council of an approved band that,

(a) employs a homemaker or nurse; or

(b) enters into an agreement with a person or organization,

under section 5 of the Act, for the furnishing of homemaking services or nursing services to a person in need, shall be 80 per cent of the amount by which the net monthly cost thereof incurred by the municipality or council of the band, as the case may be, as approved by the Director and determined in accordance with the form referred to in clause 6 (1) (a), exceeds the available monthly income of the person in need determined in accordance with Form 4. R.R.O. 1990, Reg. 634, s. 4 (5).

(6) The Province of Ontario shall pay such amounts as may from time to time be approved by the Director to provide services of a homemaker or nursing services to a person in need who resides in territory without municipal organization. R.R.O. 1990, Reg. 634, s. 4 (6).

Forms

5. (1) An application for the services of a homemaker or nurse under section 5 of the Act shall be in Form 1. R.R.O. 1990, Reg. 634, s. 5 (1).

(2) Each application in Form 1 shall be accompanied by a consent to inspect assets in Form 2, and where the application in Form 1 is made in respect of the services of a nurse, it shall also be accompanied by the certificate of a physician in Form 3. R.R.O. 1990, Reg. 634, s. 5 (2).

Accounts of Municipalities

6. (1) Where in any month a municipality or council of an approved band pays fees for the services of homemakers or nurses for persons whose financial circumstances as determined by this Regulation do not permit them to pay in full the fees for such services, the welfare administrator shall,

(a) complete an application for reimbursement by Ontario for that month in a form provided by the Minister and submit it to the Director not later than the 20th day of the month following the month for which the application is made; and

(b) complete a statement of the amount paid by the municipality or the council of the band for each recipient and the amount paid by the recipient during the month and retain the statement in his or her files. R.R.O. 1990, Reg. 634, s. 6 (1).

(2) The Director may,

(a) require the welfare administrator or an employee of the municipality or council of the band that the administrator represents to furnish him or her with such information concerning the contents of the form submitted in accordance with clause (1) (a) as the Director considers necessary; and

(b) direct an inspection and audit of the books, accounts and vouchers of the municipality or council of the band that relate to the contents of the form submitted in accordance with clause (1) (a). R.R.O. 1990, Reg. 634, s. 6 (2).

7. An applicant for or recipient of services under the Act shall for the purpose of the Act and this Regulation be deemed to reside or to have resided in the municipality, on the reserve or in territory without municipal organization, as the case may be, where he or she is or was ordinarily resident at the date of his or her application for the services so long as he or she remains in the municipality or in the territory. R.R.O. 1990, Reg. 634, s. 7.

Integrated Homemaker Program

8. (1) In this section,

“designated service coordinator” means a person or organization approved by the Minister to coordinate the provision of homemaking services under subsection 8 (1) of the Act and the provision of portable meals under this section. R.R.O. 1990, Reg. 634, s. 8 (1).

(2) A person described in subsection (3) is eligible to receive services under subsection 8 (1) of the Act if,

(a) the person requires homemaking services in order to remain at home or in order to be discharged from or avoid admission into a hospital or a long term-care home under the Long-Term Care Homes Act, 2007;

(b) the person’s home is suitable for the provision of homemaking services; and

(c) homemaking services are available in the area where the person resides to meet the person’s needs. R.R.O. 1990, Reg. 634, s. 8 (2); O. Reg. 102/10, s. 1.

(3) Subsection (2) applies to,

(a) persons who are eighteen years of age or over, who have a physical disability or deteriorating mental condition that a physician confirms is not expected to improve and who, as a result of that disability or condition, are unable to carry out activities of normal living that are necessary to maintain independence, health and well being; and

(b) persons who are sixty-five years of age or over, who have a sustained or periodic impairment and who, as a result of the impairment, are unable to carry out activities of normal living that are necessary to maintain independence, health and well being. R.R.O. 1990, Reg. 634, s. 8 (3).

(4) The provision of portable meals by a community agency is prescribed as a service that may be provided to persons who are eligible to receive homemaking services under this section. R.R.O. 1990, Reg. 634, s. 8 (4).

(5) A designated service coordinator may coordinate the provision of portable meals under subsection (4) if providing portable meals costs less than providing homemaking services related to the preparation of nourishing meals. R.R.O. 1990, Reg. 634, s. 8 (5).

(6) The Minister may reimburse a designated service coordinator for expenditures incurred in the provision of services under this section. R.R.O. 1990, Reg. 634, s. 8 (6).

(7) It is a condition for reimbursement under subsection (6) that the designated service coordinator allow the Minister to inspect the designated service coordinator’s records and accounts relating to the provision of services under this section. R.R.O. 1990, Reg. 634, s. 8 (7).

(8) A recipient or a prospective recipient of services under this section shall provide a designated service coordinator with such financial or other information as may assist the designated service coordinator or the Province of Ontario in administering and financing the provision of services under this section. R.R.O. 1990, Reg. 634, s. 8 (8).

Home Care Program

9. (1) In this section,

“designated service coordinator” means a person or organization approved by the Minister to coordinate the provision of homemaking services under subsection 8 (2) of the Act and the provision of portable meals under this section. R.R.O. 1990, Reg. 634, s. 9 (1).

(2) A person is eligible to receive services under subsection 8 (2) of the Act if,

(a) Revoked: O. Reg. 174/95, s. 1 (1).

(b) the person requires homemaking services in order to remain in his or her home or to return to his or her home from a hospital or other institution;

(c) the person’s health care needs cannot be met on an out-patient basis at a hospital;

(d) Revoked: O. Reg. 174/95, s. 1 (1).

(e) the person’s home is suitable for the provision of homemaking services; and

(f) homemaking services are available in the area where the person resides to meet the person’s needs. R.R.O. 1990, Reg. 634, s. 9 (2); O. Reg. 174/95, s. 1.

(3) The provision of portable meals by a community agency is prescribed as a service that may be provided to persons who are eligible to receive homemaking services under this section. R.R.O. 1990, Reg. 634, s. 9 (3).

(4) A designated service coordinator may coordinate the provision of portable meals under subsection (3) if providing portable meals costs less than providing homemaking services related to the preparation of nourishing meals. R.R.O. 1990, Reg. 634, s. 9 (4).

(5) The Minister of Health may reimburse a designated service coordinator for expenditures incurred in the provision of services under this section. R.R.O. 1990, Reg. 634, s. 9 (5).

(6) It is a condition for reimbursement under subsection (5) that the designated service coordinator allow the Minister of Health to inspect the designated service coordinator’s records and accounts relating to the provision of services under this section. R.R.O. 1990, Reg. 634, s. 9 (6).

(7) A recipient or a prospective recipient of services under this section shall provide a designated service coordinator with such financial or other information as may assist the designated service coordinator or the Province of Ontario in administering and financing the provision of services under this section. R.R.O. 1990, Reg. 634, s. 9 (7).

Table 1
APPROVED BANDS

Item

Bands

1.

Chippewas of Mnjikaning First Nation (Rama)

2.

Walpole Island

3.

Wasauksing First Nation (Parry Island)

4.

Six Nations of the Grand River

5.

Saugeen

6.

Chippewas of Nawash First Nation (Cape Croker)

7.

Mississauga’s of the Credit (New Credit)

8.

Moravian of the Thames

9.

Chippewas of Georgina Island

10.

Mohawks of the Bay of Quinte

11.

Alderville First Nation

12.

Curve Lake

13.

Mississauga’s of Scugog Island First Nation

14.

Hiawatha First Nation

15.

Aamjiwnaang (Chippewas of Sarnia)

16.

Chippewas of Kettle and Stoney Point

17.

Beausoleil (Christian Island)

18.

Mississauga

19.

Sagamok Anishnawbek (Spanish River)

20.

Whitefish Lake

21.

Nipissing First Nation

22.

Dokis

23.

Wahta Mohawk (Gibson)

24.

Batchewana First Nation

25.

Garden River First Nation

26.

Sheguiandah

27.

Sheshegwaning

28.

Aundeck-Omni-Kaning (Ojibways of Sucker Creek)

29.

M’Chigeeng First Nation (West Bay)

30.

Whitefish River

31.

Fort William

32.

Iskatewizaagegan #39 Independent First Nation

33.

Shoal Lake No. 40

34.

Naotkamegwanning (Whitefish Bay)

35.

Couchiching First Nation

36.

Shawanaga First Nation

37.

Serpent River

38.

Henvey Inlet First Nation

39.

Rainy River First Nations

40.

Algonquins of Pikwakanagan (Golden Lake)

41.

Oneida Nation of the Thames

42.

Wikwemikong

43.

Munsee-Delaware Nation

44.

Chippewas of the Thames First Nation

45.

Moose Deer Point

46.

Moose Cree First Nation (Moose Factory)

47.

Wabigoon Lake Ojibway Nation

48.

Constance Lake

49.

Wabaseemoong Independent Nations (Whitedog)

50.

Eagle Lake

51.

Ojibways of Onigaming First Nation (Sabaskong)

52.

Eabametoong First Nation

53.

Grassy Narrows First Nation (Islington)

54.

Biinjitiwaabik Zaaging Anishinaabek (Rocky Bay)

55.

Nicickousemenecaning

56.

Naicatchewenin

57.

Lac La Croix

58.

Mishkeegogamang

59.

Marten Falls

60.

Anishinaabeg of Naongashiing (Big Island)

61.

Northwest Angle No. 33

62.

Ginoogaming First Nation

63.

Long Lake #58 First Nation

64.

Northwest Angle No. 37

65.

Cat Lake

66.

Brunswick House

67.

Ojibways of the Pic River First Nation (Pic Heron)

68.

Mattagami

69.

Seine River First Nation

70.

North Caribou Lake

71.

Pikangikum

72.

Big Grassy

73.

Matachewan

74.

Chapleau Ojibway

75.

Attawapiskat

76.

Sandy Lake

77.

Kingfisher

78.

Wunnumin

79.

Temagami First Nation

80.

Kasabonika Lake

81.

Bearskin Lake

82.

Magnetawan

83.

Muskrat Dam Lake

84.

Thessalon

85.

Wapekeka (Angling Lake)

86.

Michipicoten

87.

Anishinabe of Wauzhushk Onigum (Rat Portage)

88.

Obashkaandagaang (Washagamis Bay)

89.

Lac Seul

90.

Albany (Fort Albany)

91.

Fort Severn

92.

Stanjikoming First Nation

93.

Ochiichagwe’babigo’ining First Nation (Dalles)

94.

Wabauskang First Nation

95.

Pic Mobert

96.

Sachigo Lake

97.

Deer Lake

98.

North Spirit Lake

99.

Gull Bay

100.

Wahgoshig (Abitibi #70)

101.

Pays Plat

102.

Albany (Kashechewan)

103.

Poplar Hill

104.

Red Rock

105.

Zhiibaahaasing First Nation (Cockburn Island)

106.

Whitesand

107.

Kee-Way-Win

108.

Aroland

109.

Webequie First Nation

110.

Neskantaga First Nation

O. Reg. 512/07, s. 3.

TABLE 2
FORMS
(See subsection 1 (2) and the website referred to in subsection 1 (2))

Form Number

Form Name

Date of Form

1

Application for Services

July 1, 2007

2

Consent to Inspect Assets

July 1, 2007

3

Medical Certificate

July 1, 2007

4

Determination of Available Monthly Income

July 1, 2007

O. Reg. 512/07, s. 3.

FORMS 1-4 Revoked: O. Reg. 512/07, s. 4.

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