O. Reg. 651/00: GENERAL

 

ONTARIO regulation 651/00

made under the

homes for special care act

Made: October 4, 2000
Filed: December 15, 2000

Amending Reg. 636 of R.R.O. 1990

(General)

1. (1) The definition of “administrator” in section 1 of Regulation 636 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

“administrator” means a person in charge of a home for special care;

(2) The definitions of “approved home”, “basic accommodation”, “board”, “burial”, “Director”, “funeral”, “heavy care”, “licensed nursing home”, “licensed residential home”, “licensed supportive residential care facility” and “light care” in section 1 of the Regulation are revoked.

(3) The definition of “Ministry” in section 1 of the Regulation is revoked and the following substituted:

“Ministry” means the Ministry of Health and Long-Term Care;

(4) The definition of “trustee” in section 1 of the Regulation is revoked and the following substituted:

“trustee” means the Public Guardian and Trustee, a guardian of property duly appointed under the Substitute Decisions Act, 1992, an attorney under a continuing power of attorney, a trustee duly appointed under a statute, a will or other instrument.

2. Section 2 of the Regulation is revoked.

3. Parts I and II of the Regulation are revoked.

4. The heading immediately preceding section 19 of the Regulation is revoked and the following substituted:

PART III
STANDARDS

5. Section 19 of the Regulation is revoked.

6. Sections 20, 21, 22 and 23 of the Regulation are amended by striking out “licensed residential home” wherever it occurs and substituting in each case “home for special care”.

7. Subsection 24 (2) of the Regulation is amended,

(a) by striking out “licensed residential home” wherever it occurs and substituting in each case “home for special care”; and

(b) by revoking subparagraphs 2 v and 3 viii.

8. Section 26 of the Regulation is amended by striking out the portion preceding clause (a) and substituting the following:

26. The administrator of a home for special care shall,

. . . . .

9. (1) Subsection 29 (1) of the Regulation is amended by striking out “The Minister may issue a licence to a residential home” and substituting “The Minister may issue a licence to a home for special care”.

(2) Subsection 29 (2) of the Regulation is amended by striking out “A licence for a residential home” and substituting “A licence for a home for special care”.

(3) Subsection 29 (3) of the Regulation is amended by striking out “licence for a residential home” and substituting “licence for a home for special care”.

10. Section 33 of the Regulation is revoked and the following substituted:

33. A person with a serious mental disorder may be admitted to a home for special care upon his or her own application, the application of a guardian of the person duly appointed under the Substitute Decisions Act, 1992, a person acting under a valid power of attorney for personal care or a lawfully authorized substitute decision-maker if, immediately before his or her admission to the home, the person had been a patient,

(a) at the Queen Street site of the Centre for Addiction and Mental Health located in Toronto;

(b) in an institution within the meaning of the Mental Hospitals Act; or

(c) in an institution within the meaning of the Mental Hospitals Act that became a division or other part of another facility subsequent to the implementation of a plan for the restructuring of hospital services. 

11. Sections 34,  34.1 and 35 of the Regulation are revoked.

12. The heading immediately preceding section 36 of the Regulation is revoked.

13. Sections 36, 37 and 38 of the Regulation are revoked.

14. The heading immediately preceding section 39 of the Regulation is revoked and the following substituted:

PART VII
INSPECTORS

15. Section 40 of the Regulation is amended by striking out “Fire Marshals Act” and substituting “Fire Protection and Prevention Act, 1997”.

16. Section 41 of the Regulation is amended by striking out “or when requested by the Director” at the end.

17. Section 42 of the Regulation is revoked and the following substituted:

42. The Minister may arrange with the board of any organization having objects of a charitable nature for assistance from the board in the inspection and supervision of accommodations and facilities in a home for special care and in the supervision of its residents.

18. (1) Subsections 43 (1) to (9) of the Regulation are revoked and the following substituted:

(1) If a resident in a home for special care is unable to pay for his or her care and maintenance, the Minister may pay to the licensee of the home,

(a) $1,049.39 for each full month the resident receives care and maintenance in the home; and

(b) for the time that does not constitute a full month that the resident receives care and maintenance in the home, $34.50 per day.

(2) The Minister may pay the amounts mentioned in subsection (1) in respect of a resident even though the resident is absent from the home for a period of up to 14 consecutive days.

(3) In addition to the amounts prescribed in subsection (1), the Minister may pay for any medical care, clothing, toiletries or other personal necessities required by and supplied to a resident and may pay for the funeral and burial expenses of a resident.

(2) Subsection 43 (10) of the Regulation is amended by striking out “subsections (1) to (6) and subsection (9)” at the end and substituting “subsections (1) and (3)”.

(3) Subsection 43 (11) of the Regulation is amended by striking out “subsections (1) to (6) and subsection (9)” at the end and substituting “subsections (1) and (3)”.

(4) Subsection 43 (13) of the Regulation is amended by striking out “subsection (1), (2), (3), (4), (5), (6) or (9)” and substituting “subsection (1) or (3)”.

19. Section 44 of the Regulation is revoked.

20. Part X of the Regulation is revoked.

21. Table 1 of the Regulation is revoked.