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Charitable Institutions Act

R.S.O. 1990, CHAPTER C.9

Historical version for the period March 28, 2006 to June 21, 2006.

Amended by: 1993, c. 2, ss. 1-11; 1994, c. 26, s. 70; 1996, c. 2, s. 61; 1997, c. 15, s. 3; 1998, c. 18, Sched. G, s. 46; 1999, c. 6, s. 5; 2001, c. 13, s. 4; 2002, c. 18, Sched. I, s. 3; 2004, c. 3, Sched. A, s. 77; 2005, c. 5, s. 6; 2006, c. 4, s. 43.

CONTENTS

1.

Definitions

2.

Approval of corporations

3.

Approval of buildings

3.1

Fundamental principle, rights of residents

4.

Evaluation and survey

5.

Restrictions upon approved corporations

6.

Grants for construction of buildings or additions

7.

Grants for acquisition of buildings

8.

Maintenance grants for institutions other than hostels

9.

Operating subsidy for homes for the aged

9.

Operating subsidy

9.1

Additional grants

9.2

Service agreement

9.3

Excessive charges prohibited

9.4

Resident responsible for payments for accommodation

9.5

Recovery of charges

9.6

Admission of residents

9.7

Information to approved corporation

9.8

Preference for veterans

9.9

Immunity

9.10

Notice of determination

9.11

Hearing

9.13

Appeal to Divisional Court

9.14

Affidavits

9.15

Plan of care

9.16

Quality management

9.17

Notice

9.18

Posting of information

9.19

Residents’ council

9.20

Meeting

9.21

Powers of residents’ council

9.22

Residents’ council assistant

9.23

Information and assistance

9.24

Immunity

10.

Inspection of books of charitable institutions

10.1

Inspection

10.2

Warrant

10.3

Protection from personal liability

10.4

Protection from reprisals

11.

Suspension and revocation of approvals

11.1

Minister may take control

12.

Regulations

13.

Forms

Definitions

1. In this Act,

“Appeal Board” means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998; (“Commission d’appel”)

“approved charitable home for the aged” means a building, the buildings or the parts of a building or buildings approved under section 3 as a home for the aged; (“foyer de bienfaisance pour personnes âgées agréé”)

“approved charitable institution” means a charitable institution approved under section 3; (“établissement de bienfaisance agréé”)

“approved corporation” means a corporation approved under section 2; (“personne morale agréée”)

“charitable institution” means all or any part of a building or buildings maintained and operated by an approved corporation for persons requiring residential, sheltered, specialized or group care, but does not include,

(a) a children’s residence under Part IX (Licensing) of the Child and Family Services Act, or premises approved under subsection 9 (1) of that Act,

(b) a home or joint home under the Homes for the Aged and Rest Homes Act,

(c) Repealed: 2001, c. 13, s. 4.

(d) an institution under the Mental Hospitals Act,

(e) a private hospital under the Private Hospitals Act,

(f) a hospital under the Public Hospitals Act; (“établissement de bienfaisance”)

“Director” means a Director appointed for the purposes of this Act; (“directeur”)

“hostel” means a charitable institution for the temporary care of transient or homeless persons; (“centre d’accueil”)

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (1) by adding the following definition:

“local health integration network” means a local health integration network as defined in section 2 of the Local Health System Integration Act, 2006; (“réseau local d’intégration des services de santé”)

See: 2006, c. 4, ss. 43 (1), 55 (2).

“mentally incapable” means unable to understand the information that is relevant to making a decision concerning the subject-matter or unable to appreciate the reasonably foreseeable consequences of a decision or lack of decision; (“mentalement incapable”)

“Minister” means,

(a) the Minister of Health in relation to matters concerning approved charitable homes for the aged, and

(b) the Minister of Community and Social Services in relation to matters concerning any other class of charitable institutions; (“ministre”)

“provincial supervisor” means a child welfare supervisor, a welfare institutions supervisor or a Director and includes any other employee of the Ministry of Community and Social Services who is designated by the Minister as a provincial supervisor for the purposes of this Act; (“superviseur provincial”)

“regulations” means the regulations made under this Act; (“règlements”)

“resident” means, in the case of an approved charitable home for the aged, a person admitted to and lodged in that home; (“pensionnaire”)

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (1) by adding the following definition:

“service accountability agreement” means a service accountability agreement as defined in section 21 of the Commitment to the Future of Medicare Act, 2004; (“entente de responsabilisation en matière de services”)

See: 2006, c. 4, ss. 43 (1), 55 (2).

“substitute decision-maker”, in relation to a resident of an approved charitable home for the aged, means,

(a) the person who would be authorized under the Health Care Consent Act, 1996 to give or refuse consent to a treatment on behalf of the resident if the resident were incapable with respect to the treatment under that Act, or

(b) the person who would be authorized under the Health Care Consent Act, 1996 to make a decision concerning a personal assistance service on behalf of the resident if the resident were incapable with respect to the personal assistance service under that Act. (“mandataire spécial”) R.S.O. 1990, c. C.9, s. 1; 1993, c. 2, s. 1; 1994, c. 26, s. 70 (1); 1996, c. 2, s. 61 (1); 1998, c. 18, Sched. G, s. 46 (1); 2001, c. 13, s. 4.

Approval of corporations

2. Where the Minister is satisfied that any corporation without share capital having objects of a charitable nature to which Part III of the Corporations Act applies or that is incorporated under a general or special Act of the Parliament of Canada is, with financial assistance under this Act, financially capable of establishing, maintaining and operating a charitable institution and that its affairs are carried on under competent management in good faith for charitable purposes, the Minister may approve such corporation for the purposes of this Act. R.S.O. 1990, c. C.9, s. 2.

Approval of buildings

3. (1) Subject to section 4, where the Minister is satisfied that all or any part of a building or buildings is suitable for providing accommodation as a charitable institution in accordance with this Act and the regulations, the Minister may approve all or any part of such building or buildings, as the case may be, as a member of a class of charitable institutions prescribed in the regulations for the maintenance and operation of which assistance may be given under this Act. R.S.O. 1990, c. C.9, s. 3 (1).

Effective date of approval

(2) An approval given under subsection (1) or under section 2 may take effect on any date fixed by the Minister that is prior to the date on which the approval is given, but in no case shall the date upon which the approval under subsection (1) takes effect precede the date that the approval given under section 2 to the corporation maintaining and operating the institution takes effect. R.S.O. 1990, c. C.9, s. 3 (2).

Fundamental principle, rights of residents

Fundamental principle

3.1 (1) In interpreting a provision of this Act or the regulations that applies to an approved charitable home for the aged and in interpreting a provision of a service agreement between the Crown in right of Ontario and an approved corporation maintaining and operating an approved charitable home for the aged, the fundamental principle to be applied is that an approved charitable home for the aged is primarily the home of its residents and, as such, it is to be operated in such a way that the physical, psychological, social, cultural and spiritual needs of each of its residents are adequately met and that its residents are given the opportunity to contribute, in accordance with their ability, to the physical, psychological, social, cultural and spiritual needs of others. 1993, c. 2, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (2) by striking out “a service agreement between the Crown in right of Ontario” and substituting “a service accountability agreement between a local health integration network”. See: 2006, c. 4, ss. 43 (2), 55 (2).

Residents’ bill of rights

(2) An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that the following rights of residents of the home are fully respected and promoted:

1. Every resident has the right to be treated with courtesy and respect and in a way that fully recognizes the resident’s dignity and individuality and to be free from mental and physical abuse.

2. Every resident has the right to be properly sheltered, fed, clothed, groomed and cared for in a manner consistent with his or her needs.

3. Every resident has the right to be told who is responsible for and who is providing the resident’s direct care.

4. Every resident has the right to be afforded privacy in treatment and in caring for his or her personal needs.

5. Every resident has the right to keep in his or her room and display personal possessions, pictures and furnishings in keeping with safety requirements and rights of other residents of the home.

6. Every resident has the right,

i. to be informed of his or her medical condition, treatment and proposed course of treatment,

ii. to give or refuse consent to treatment, including medication, in accordance with the law and to be informed of the consequences of giving or refusing consent,

iii. to have the opportunity to participate fully in making any decision and obtaining an independent medical opinion concerning any aspect of his or her care, including any decision concerning his or her admission, discharge or transfer to or from an approved charitable home for the aged, and

iv. to have his or her records of personal health information within the meaning of the Personal Health Information Protection Act, 2004 kept confidential in accordance with the law.

7. Every resident has the right to receive reactivation and assistance toward independence consistent with his or her requirements.

8. Every resident who is being considered for restraints has the right to be fully informed about the procedures and the consequences of receiving or refusing them.

9. Every resident has the right to communicate in confidence, to receive visitors of his or her choice and to consult in private with any person without interference.

10. Every resident whose death is likely to be imminent has the right to have members of the resident’s family present twenty-four hours per day.

11. Every resident has the right to designate a person to receive information concerning any transfer or emergency hospitalization of the resident and, if a person is so designated, to have that person so informed forthwith.

12. Every resident has the right to exercise the rights of a citizen and to raise concerns or recommend changes in policies and services on behalf of himself or herself or others to the residents’ council, staff of the approved charitable home for the aged, government officials or any other person inside or outside the approved charitable home for the aged, without fear of restraint, interference, coercion, discrimination or reprisal.

13. Every resident has the right to form friendships, to enjoy relationships and to participate in the residents’ council.

14. Every resident has the right to meet privately with his or her spouse in a room that assures privacy and, if both spouses are residents in the same approved charitable home for the aged, they have a right to share a room according to their wishes, if an appropriate room is available.

15. Every resident has a right to pursue social, cultural, religious and other interests, to develop his or her potential and to be given reasonable provisions by the approved charitable home for the aged to accommodate these pursuits.

16. Every resident has the right to be informed in writing of any law, rule or policy affecting the operation of the approved charitable home for the aged and of the procedures for initiating complaints.

17. Every resident has the right to manage his or her own financial affairs if the resident is able to do so and, if the resident’s financial affairs are managed by the approved charitable home for the aged, to receive a quarterly accounting of any transactions undertaken on his or her behalf and to be assured that the resident’s property is managed solely on the resident’s behalf.

18. Every resident has the right to live in a safe and clean environment.

19. Every resident has the right to be given access to protected areas outside the approved charitable home for the aged in order to enjoy outdoor activity, unless the physical setting makes this impossible. 1993, c. 2, s. 2; 1999, c. 6, s. 5 (1); 2004, c. 3, Sched. A, s. 77 (1); 2005, c. 5, s. 6 (1).

Further guide to interpretation

(3) Without restricting the generality of subsection (1), a provision of this Act or the regulations that applies to an approved charitable home for the aged and a provision of a service agreement relating to an approved charitable home for the aged shall be interpreted so as to advance the objective that the resident’s rights set out in subsection (2) be respected. 1993, c. 2, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (3) by striking out “a service agreement” and substituting “a service accountability agreement”. See: 2006, c. 4, ss. 43 (3), 55 (2).

Deemed contract

(4) An approved corporation maintaining and operating an approved charitable home for the aged shall be deemed to have entered into a contract with each resident of the home, agreeing to respect and promote the rights of the resident set out in subsection (2). 1993, c. 2, s. 2.

Definition

(5) In this section,

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. 1999, c. 6, s. 5 (2); 2005, c. 5, s. 6 (2, 3).

Evaluation and survey

4. (1) Before selecting or acquiring a site or erecting or acquiring a building for use as a charitable institution, an approved corporation establishing the charitable institution shall,

(a) evaluate the site in accordance with the regulations to determine whether it will best serve the programs of the institution and the best interests of the prospective residents of the institution; and

(b) conduct a survey of the community and a review of population requirements in accordance with the regulations,

and submit a report thereof to the Minister. R.S.O. 1990, c. C.9, s. 4 (1).

Commencement of subs. (1)

(2) Subsection (1) does not come into force until a day to be named by proclamation of the Lieutenant Governor. R.S.O. 1990, c. C.9, s. 4 (2).

Restrictions upon approved corporations

5. (1) No approved corporation shall,

(a) change its name or the name of any charitable institution maintained and operated by it without the approval in writing of the Minister;

(b) erect a new building to be used as a charitable institution until the site and plans thereof are approved in writing by the Minister, or erect an addition to an existing building used or to be used as a charitable institution until the plans thereof are approved in writing by the Minister;

(c) purchase or otherwise acquire any building or part thereof to be used by it as a charitable institution without the approval in writing of the Minister;

(d) change the site or use of, sell or otherwise dispose of any part of, or structurally alter, any charitable institution in respect of which the approved corporation has received a payment under this Act, or any predecessor thereof, without the approval in writing of the Minister; or

(e) operate an approved charitable home for the aged unless,

(i) the approved corporation is a party to a service agreement with the Crown in right of Ontario that relates to the home, and

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause (i) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (4) and the following substituted:

(i) the approved corporation is a party to a service accountability agreement with a local health integration network that relates to the home, and

See: 2006, c. 4, ss. 43 (4), 55 (2).

(ii) the service agreement complies with this Act and the regulations. R.S.O. 1990, c. C.9, s. 5 (1); 1993, c. 2, s. 3.

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause (ii) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (4) and the following substituted:

(ii) the service accountability agreement complies with this Act, the Commitment to the Future of Medicare Act, 2004 and the regulations made under those Acts.

See: 2006, c. 4, ss. 43 (4), 55 (2).

(2) Repealed: 1997, c. 15, s. 3 (1).

Cl. (1) (b), re-enacted

(3) On a day to be named by proclamation of the Lieutenant Governor, clause (1) (b) is repealed and the following substituted therefor:

(b) erect a new building or an addition to an existing building for use as a charitable institution until,

(i) the need for the building or the addition has been established to the satisfaction of the Minister,

(ii) in the case of the erection of a new building, the site, selected and evaluated in accordance with the regulations, has been approved by the Minister, and

(iii) the plans therefor, developed and prepared in accordance with the regulations, have been approved in writing by the Minister. R.S.O. 1990, c. C.9, s. 5 (3).

Grants for construction of buildings or additions

6. Where the site and plans of a new building or the plans of an addition to an existing building used or to be used as a charitable institution have been approved by the Minister under clause 5 (1) (b), the Minister may, out of the money appropriated therefor by the Legislature, direct payment to the approved corporation erecting the new building or the addition,

(a) where all or any part of the new building or the addition is to be used as a charitable institution other than a hostel, of an amount equal to the cost to the approved corporation of the new charitable institution, computed in accordance with the regulations, but not exceeding an amount based upon the bed capacity of the new charitable institution at the rate of $5,000 per bed or such greater amount per bed as is prescribed by the regulations; and

(b) where all or any part of the new building or the addition is to be used as a hostel, of an amount equal to 30 per cent of the cost to the approved corporation of the new hostel, computed in accordance with the regulations, but not exceeding an amount based upon the bed capacity of the new hostel at the rate of $1,500 per bed, or such greater amount per bed as is prescribed by the regulations, but no payment shall be made under this clause unless the council of the municipality in which the new building or the addition is situated directs payment to the approved corporation erecting the new hostel of an amount equal to at least 20 per cent of the cost thereof to the approved corporation. R.S.O. 1990, c. C.9, s. 6.

Grants for acquisition of buildings

7. Where,

(a) the acquisition or structural alteration of a building or any part thereof to be used as a charitable institution other than a hostel has been approved by the Minister under clause 5 (1) (c) or (d), as the case may be; or

(b) the Minister has approved the renovation of a charitable institution other than a hostel or approved the purchase of furnishings or equipment in connection with an approved charitable institution other than a hostel,

the Minister may, out of money appropriated therefor by the Legislature, direct payment to the approved corporation acquiring or operating and maintaining the institution, as the case may be, of an amount equal to the cost to the approved corporation of the acquisition, alteration, renovation or purchase of furnishings or equipment, as the case may be, computed in accordance with the regulations, but not exceeding an amount based upon the bed capacity of the institution at the rate of $1,200 per bed or such greater amount per bed as is prescribed by the regulations. R.S.O. 1990, c. C.9, s. 7.

Maintenance grants for institutions other than hostels

8. There shall be paid to an approved corporation out of the money appropriated therefor by the Legislature an amount equal to 80 per cent or such higher percentage as the regulations prescribe of the cost, computed in accordance with the regulations,

(a) of the care and maintenance of each resident of an approved charitable institution maintained and operated by the corporation, other than a hostel or an approved charitable home for the aged; or

(b) of residential services approved by the Director provided by or on behalf of the corporation in other than an approved charitable institution. R.S.O. 1990, c. C.9, s. 8; 1993, c. 2, s. 4.

Operating subsidy for homes for the aged

9. (1) Payments shall be made in accordance with the regulations, out of money appropriated by the Legislature, to an approved corporation maintaining and operating an approved charitable home for the aged, to assist in defraying the maintenance and operating costs incurred or to be incurred by the approved corporation in providing accommodation, care, services, programs and goods to residents of the home. 1993, c. 2, s. 5.

Service agreement

(2) No payment shall be made under subsection (1) unless,

(a) the approved corporation receiving the payment is a party to a service agreement with the Crown in right of Ontario that relates to the home; and

(b) the service agreement complies with this Act and the regulations. 1993, c. 2, s. 5.

Reduction or refusal of subsidy

(3) Payments under subsection (1) may be reduced or withheld if the approved corporation has breached its service agreement with the Crown relating to the home. 1993, c. 2, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 9 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (5) and the following substituted:

Operating subsidy

9. (1) The Minister may provide funding to maintain and operate an approved charitable home for the aged to the approved corporation maintaining and operating the home. 2006, c. 4, s. 43 (5).

Terms and conditions

(2) The Minister may impose terms and conditions on the funding. 2006, c. 4, s. 43 (5).

Reduction or refusal of subsidy

(3) The Minister may reduce or withhold the funding or may direct a local health integration network that provides funding, under the Local Health System Integration Act, 2006, to the approved corporation to reduce or withhold the funding if,

(a) the approved corporation is in contravention of this Act, the regulations or the terms and conditions imposed on the funding under subsection (2); or

(b) the approved corporation has breached the service accountability agreement relating to the home. 2006, c. 4, s. 43 (5).

Compliance

(4) A local health integration network shall comply with a direction of the Minister under subsection (3). 2006, c. 4, s. 43 (5).

See: 2006, c. 4, ss. 43 (5), 55 (2).

Additional grants

9.1 (1) The Minister may, out of money appropriated by the Legislature, make a grant to an approved corporation maintaining and operating an approved charitable home for the aged, to assist in defraying the costs incurred or to be incurred by the approved corporation as a result of the occurrence of an extraordinary event prescribed by the regulations. 1993, c. 2, s. 5.

Conditions

(2) The Minister may impose conditions on a grant made under subsection (1). 1993, c. 2, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 9.1 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (5). See: 2006, c. 4, ss. 43 (5), 55 (2).

Service agreement

9.2 (1) A service agreement,

(a) shall contain the provisions required by the regulations to be contained in a service agreement;

(b) shall contain provisions respecting each matter required by the regulations to be provided for in a service agreement; and

(c) may contain such other provisions as are agreed to by the parties, so long as such other provisions do not conflict with the provisions mentioned in clause (a). 1993, c. 2, s. 5.

Negotiation and signing

(2) A service agreement may be negotiated and signed on behalf of the Crown in right of Ontario only by the Minister or a person authorized by the Minister in writing to negotiate and sign service agreements. 1993, c. 2, s. 5.

Exception

(3) Section 6 of the Executive Council Act does not apply to a service agreement signed by a person authorized by the Minister in writing to sign service agreements. 1993, c. 2, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 9.2 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (5). See: 2006, c. 4, ss. 43 (5), 55 (2).

Excessive charges prohibited

9.3 (1) No approved corporation shall demand or accept or cause or permit anyone to demand or accept on the corporation’s behalf payment from or on behalf of a resident of an approved charitable home for the aged in excess of,

(a) for a class of basic accommodation, the amount determined in accordance with the regulations;

(b) for a class of preferred accommodation, the amount determined in accordance with the regulations;

(c) for care, services, programs or goods designated by the regulations for the purposes of this section, the amount determined in accordance with the regulations;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (6) by adding “or” at the end. See: 2006, c. 4, ss. 43 (6), 55 (2).

(d) for care, services, programs or goods that are not mentioned in clause (a), (b) or (c) and that are designated in the service agreement relating to the home as items for which the approved corporation may charge, the amount determined in accordance with the service agreement; or

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (d) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (7). See: 2006, c. 4, ss. 43 (7), 55 (2).

(e) for care, services, programs or goods that are not mentioned in clause (a), (b), (c), (d) or (2)(a) and in respect of which the resident has entered into a written agreement with the approved corporation, the amount determined in accordance with the written agreement. 1993, c. 2, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (e) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (8) by striking out “clause (a), (b), (c) or (d) or (2) (a)” and substituting “clause (a), (b) or (c)”. See: 2006, c. 4, ss. 43 (8), 55 (2).

No charge permitted

(2) No approved corporation shall demand or accept or cause or permit anyone to demand or accept on the corporation’s behalf payment from or on behalf of a resident of an approved charitable home for the aged,

(a) for care, services, programs or goods that are not mentioned in clause (1) (a), (b), (c) or (d) and that the approved corporation is required to provide to residents of the home without charge under the service agreement relating to the home;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (9). See: 2006, c. 4, ss. 43 (9), 55 (2).

(b) for preferred accommodation, care, services, programs or goods that are mentioned in clause (1) (b), (c) or (d) but that are provided without consent being given by the resident; or

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (10) by striking out “clause (1) (b), (c) or (d)” and substituting “clause (1) (b) or (c)”. See: 2006, c. 4, ss. 43 (10), 55 (2).

(c) for care, services, programs or goods that are not mentioned in subsection (1). 1993, c. 2, s. 5.

Resident responsible for payments for accommodation

9.4 (1) A resident is responsible for the payment of those amounts demanded by an approved corporation for accommodation in accordance with section 9.3. 1993, c. 2, s. 5.

Minister to give statements

(2) The Minister shall provide, annually and on the request of a resident, a statement setting out how much the resident may be charged for accommodation under subsection 9.3 (1). 1993, c. 2, s. 5.

Recovery of charges

Recovery of charge when item not provided

9.5 (1) If a payment for accommodation, care, services, programs or goods is accepted by or on behalf of an approved corporation from or on behalf of a resident of an approved charitable home for the aged and the item paid for has not been provided to the resident, the Minister may,

(a) deduct the amount of the payment from payments owing by the Crown to the approved corporation; and

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (11) and the following substituted:

(a) deduct the amount of the payment from payments owing by the Crown to the approved corporation and pay the amount deducted to the person from whom the payment was accepted; or

See: 2006, c. 4, ss. 43 (11), 55 (2).

(b) pay the amount deducted to the person from whom the payment was accepted. 1993, c. 2, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (11) and the following substituted:

(b) direct a local health integration network that provides funding to the approved corporation under the Local Health System Integration Act, 2006 to deduct the amount of the payment from payments owing by the network to the approved corporation and to pay the amount deducted to the person from whom the payment was accepted.

See: 2006, c. 4, ss. 43 (11), 55 (2).

Recovery of excessive charge

(2) If a payment for accommodation, care, services, programs or goods is accepted by or on behalf of an approved corporation from or on behalf of a resident of an approved charitable home for the aged, the item paid for has been provided to the resident and the payment exceeds the amount permitted to be charged under section 9.3, the Minister may,

(a) deduct the excess from payments owing by the Crown to the approved corporation; and

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (12) and the following substituted:

(a) deduct the excess from payments owing by the Crown to the approved corporation and pay the amount deducted to the person from whom the excessive payment was accepted; or

See: 2006, c. 4, ss. 43 (12), 55 (2).

(b) pay the amount deducted to the person from whom the excessive payment was accepted. 1993, c. 2, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (12) and the following substituted:

(b) direct a local health integration network that provides funding to the approved corporation under the Local Health System Integration Act, 2006 to deduct the excess from payments owing by the network to the approved corporation and to pay the amount deducted to the person from whom the payment was accepted.

See: 2006, c. 4, ss. 43 (12), 55 (2).

Recovery when item inadequately provided

(3) If a payment for accommodation, care, services, programs or goods is accepted by or on behalf of an approved corporation from or on behalf of a resident of an approved charitable home for the aged and the item paid for has been inadequately provided, the Minister may,

(a) deduct such portion of the payment as the Minister considers appropriate from payments owing by the Crown to the approved corporation; and

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (13) and the following substituted:

(a) deduct the portion of the payment that the Minister considers appropriate from payments owing by the Crown to the approved corporation and pay the amount deducted to the person from whom the payment was accepted; or

See: 2006, c. 4, ss. 43 (13), 55 (2).

(b) pay the amount deducted to the person from whom the payment was accepted. 1993, c. 2, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (13) and the following substituted:

(b) direct a local health integration network that provides funding to the approved corporation under the Local Health System Integration Act, 2006 to deduct the portion of the payment that the network considers appropriate from payments owing by the network to the approved corporation and to pay the amount deducted to the person from whom the payment was accepted.

See: 2006, c. 4, ss. 43 (13), 55 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 9.5 is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (14) by adding the following subsection:

Compliance

(4) A local health integration network shall comply with a direction of the Minister under clause (1) (b), (2) (b) or (3) (b). 2006, c. 4, s. 43 (14).

See: 2006, c. 4, ss. 43 (14), 55 (2).

Admission of residents

9.6 (1) This section applies to the admission of a person to an approved charitable home for the aged as a resident. 1993, c. 2, s. 6.

Placement co-ordinators

(2) The Minister shall designate one or more persons, classes of persons or other entities as placement co-ordinators for the purposes of this Act. 1993, c. 2, s. 6.

Same

(3) For each approved charitable home for the aged, the Minister shall designate the placement co-ordinator who may authorize the admission of persons to that home. 1993, c. 2, s. 6.

Changes in designations

(4) The Minister may from time to time revoke a designation made under subsection (2) or (3) or make a new designation under subsection (2) or (3). 1993, c. 2, s. 6.

Admission

(5) An approved corporation maintaining and operating an approved charitable home for the aged shall not admit a person unless the person’s admission to the home is authorized by the placement co-ordinator designated for the home under subsection (3), and shall admit a person whose admission to the home is so authorized. 1993, c. 2, s. 6.

Applications to placement co-ordinator

(6) A person may apply for a determination by a placement co-ordinator respecting the person’s eligibility for admission to an approved charitable home for the aged and for authorization of admission with respect to such home or homes as the person selects. 1993, c. 2, s. 6.

Assistance

(7) A placement co-ordinator who determines that a person is eligible for admission shall, if the person wishes, assist the person in selecting the home or homes with respect to which the person will apply for authorization of admission. 1993, c. 2, s. 6.

Person’s preferences

(8) In assisting a person under subsection (7), the placement co-ordinator shall consider the person’s preferences relating to admission, based on ethnic, spiritual, linguistic, familial and cultural factors. 1993, c. 2, s. 6.

Determination respecting eligibility

(9) A placement co-ordinator shall determine whether a person is eligible for admission to an approved charitable home for the aged only if the person applies for the determination in accordance with the regulations. 1993, c. 2, s. 6.

Determination respecting authorization

(10) The placement co-ordinator designated for an approved charitable home for the aged under subsection (3) shall determine whether to authorize a person’s admission to the home only if the person applies for authorization of admission with respect to the home in accordance with the regulations. 1993, c. 2, s. 6.

Compliance with Act and regulations

(11) A placement co-ordinator shall make all determinations respecting eligibility for admission and all determinations respecting authorization of admission in accordance with this Act and the regulations. 1993, c. 2, s. 6.

Assessments, etc., to be taken into account

(12) In making a determination respecting a person’s eligibility for admission, a placement co-ordinator shall take into account any of the following which are provided to the placement co-ordinator:

1. An assessment of the person made by a health practitioner relating to the person’s impairment or capacity.

2. An assessment or information relating to the person’s requirements for medical treatment, health care or other personal care. 1993, c. 2, s. 6.

Conditions of authorization

(13) The placement co-ordinator designated for an approved charitable home for the aged under subsection (3) may authorize the admission of a person to the home only if,

(a) the placement co-ordinator or another placement co-ordinator has determined, within the six months preceding authorization, that the person is eligible for admission to an approved charitable home for the aged;

(b) the approved corporation maintaining and operating the approved charitable home for the aged to which the person’s admission is to be authorized approves the person’s admission to the home; and

(c) the person consents to being admitted to the home. 1993, c. 2, s. 6.

Approval

(14) An approved corporation maintaining and operating an approved charitable home for the aged shall approve a person’s admission to the home unless,

(a) the home lacks the physical facilities necessary to meet the person’s care requirements;

(b) the staff of the home lack the nursing expertise necessary to meet the person’s care requirements; or

(c) circumstances exist which are prescribed by the regulations as being a ground for withholding approval. 1993, c. 2, s. 6.

Written notice

(15) An approved corporation that withholds approval for the admission of a person to an approved charitable home for the aged shall give to the person, the Director and the placement co-ordinator designated for the home under subsection (3) a written notice setting out the ground or grounds on which the approved corporation is withholding approval and a detailed explanation of the supporting facts. 1993, c. 2, s. 6.

Alternative services

(16) A placement co-ordinator shall suggest alternative services or make appropriate referrals on behalf of an applicant if,

(a) the placement co-ordinator determines that the applicant is not eligible for admission to an approved charitable home for the aged; or

(b) the placement co-ordinator determines that the applicant is eligible for admission to an approved charitable home for the aged but does not authorize their immediate admission. 1993, c. 2, s. 6.

Direction from Director

(17) If there is a continuing contravention or if there are recurring contraventions of a service agreement, this Act or the regulations by an approved corporation maintaining and operating an approved charitable home for the aged, the Director may direct the placement co-ordinator designated for the home under subsection (3) to cease authorizing admissions to the home for such period of time and subject to such conditions as the Director specifies. 1993, c. 2, s. 6.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (17) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (15) by striking out “a service agreement” and substituting “a service accountability agreement”. See: 2006, c. 4, ss. 43 (15), 55 (2).

Compliance with direction

(18) A placement co-ordinator shall comply with a direction issued under subsection (17). 1993, c. 2, s. 6.

Information to approved corporation

9.7 (1) A placement co-ordinator who authorizes a person’s admission to an approved charitable home for the aged shall give to the approved corporation maintaining and operating the home the information mentioned in a paragraph of subsection (2) if,

(a) the placement co-ordinator has the information mentioned in the paragraph; and

(b) consent to the disclosure of the information to the approved corporation is given by,

(i) the person whose admission is authorized, or

(ii) the person, if any, who was lawfully authorized to consent to admission to the approved charitable home for the aged on behalf of the person whose admission is authorized. 1993, c. 2, s. 6.

Same

(2) The information referred to in subsection (1) is the following:

1. Information about assessments of the person whose admission is authorized.

2. Information about the person’s medical history.

3. Information about the person’s social and other care requirements.

4. The name and address of the person, if any, who was lawfully authorized to consent to admission to the approved charitable home for the aged on behalf of the person whose admission is authorized. 1993, c. 2, s. 6.

Preference for veterans

9.8 The Minister shall ensure that preference is given to veterans for access to beds that,

(a) are located in approved charitable homes for the aged for which funding is provided under an agreement between the Government of Ontario and the Government of Canada relating to veterans; and

(b) are designated by the Minister as veterans’ priority access beds. 1993, c. 2, s. 6.

Immunity

9.9 (1) No proceeding for damages shall be commenced against an employee or agent of a placement co-ordinator for any act done in good faith in the performance or intended performance of the person’s duty or for any alleged neglect or default in the performance in good faith of the person’s duty. 1993, c. 2, s. 6.

Placement co-ordinator’s liability

(2) Subsection (1) does not relieve a placement co-ordinator of liability for the acts or omissions of its employees or agents. 1993, c. 2, s. 6.

Notice of determination

9.10 (1) If a placement co-ordinator determines that an applicant for a determination respecting eligibility for admission to an approved charitable home for the aged is not eligible, the placement co-ordinator shall ensure that the applicant and the person, if any, who applied for the determination on behalf of the applicant are notified of,

(a) the determination of ineligibility;

(b) the reasons for the determination; and

(c) the applicant’s right to apply to the Appeal Board for a review of the determination. 1993, c. 2, s. 6.

Application to Appeal Board

(2) The applicant may apply to the Appeal Board for a review of the determination of ineligibility made by the placement co-ordinator. 1993, c. 2, s. 6.

Hearing

9.11 (1) When the Appeal Board receives an application for a review of a determination of ineligibility, it shall promptly appoint a time and place for a hearing. 1993, c. 2, s. 6.

Same

(2) The hearing shall begin within twenty-one days after the day the Appeal Board receives the application for the hearing, unless the parties agree to a postponement. 1993, c. 2, s. 6.

Notice to parties

(3) The Appeal Board shall notify each of the parties of the time and place of the hearing at least seven days before the hearing begins. 1993, c. 2, s. 6.

Parties

(4) The parties to the proceeding before the Appeal Board are the applicant who was determined to be ineligible for admission, the placement co-ordinator who made the determination and such other parties as the Appeal Board specifies. 1993, c. 2, s. 6.

Notice to Minister

(5) When a placement co-ordinator is notified by the Appeal Board of a hearing, the placement co-ordinator shall promptly give the Minister written notice of the hearing together with written reasons for the determination of ineligibility made by the placement co-ordinator. 1993, c. 2, s. 6.

Minister entitled to be heard

(6) The Minister is entitled to be heard by counsel or otherwise in a proceeding before the Appeal Board under this section. 1993, c. 2, s. 6.

(7) Repealed: 1998, c. 18, Sched. G, s. 46 (2).

(8) Repealed: 1998, c. 18, Sched. G, s. 46 (2).

Evidence of disabled person

(9) If a party to a proceeding before the Appeal Board under this Act wishes to give evidence in the proceeding or wishes to call another person as a witness to give evidence in the proceeding but the party or other person is unable to attend the hearing by reason of age, infirmity or physical disability, the Appeal Board members holding the hearing may, at the request of the party, attend upon the party or the other person, as the case may be, and take his or her evidence. 1993, c. 2, s. 6.

Medical report proves inability

(10) A medical report signed by a legally qualified medical practitioner stating that the practitioner believes that the person is unable to attend the hearing by reason of age, infirmity or physical disability is proof, in the absence of evidence to the contrary, of the inability of the person to attend the hearing. 1993, c. 2, s. 6.

Opportunity for all parties

(11) No Appeal Board member shall take evidence from a party or other person under subsection (9) unless reasonable notice of the time and place for taking the evidence is given to all parties to the proceeding and each party attending is given an opportunity to examine or cross-examine the party or other person, as the case may be. 1993, c. 2, s. 6.

Recording of evidence

(12) The oral evidence taken before the Appeal Board at a hearing and the oral evidence taken from a party or other person under subsection (9) shall be recorded and, if required, copies of a transcript of the evidence shall be furnished on the same terms as in the Ontario Court (General Division). 1993, c. 2, s. 6.

Health Insurance Act

(13) Subsections 23 (1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Act. 1998, c. 18, Sched. G, s. 46 (3).

Powers of Appeal Board

(14) After a hearing by the Appeal Board, the Appeal Board may,

(a) affirm the determination of ineligibility made by the placement co-ordinator;

(b) rescind the determination of ineligibility made by the placement co-ordinator and refer the matter back to the placement co-ordinator for re-determination in accordance with such directions as the Appeal Board considers proper; or

(c) rescind the determination of ineligibility made by the placement co-ordinator, substitute its opinion for the opinion of the placement co-ordinator and direct the placement co-ordinator to determine that the applicant is eligible for admission to an approved charitable home for the aged. 1993, c. 2, s. 6.

Decision and reasons

(15) The Appeal Board shall render its decision within one day after the end of the hearing and shall provide written reasons to the parties within seven days after rendering the decision. 1993, c. 2, s. 6.

Decision to Minister

(16) The placement co-ordinator shall furnish the Minister with a copy of the decision and reasons of the Appeal Board. 1993, c. 2, s. 6.

9.12 Repealed: 1998, c. 18, Sched. G, s. 46 (4).

Appeal to Divisional Court

9.13 (1) A party to a proceeding before the Appeal Board may appeal its decision to the Divisional Court on a question of law or fact or both, in accordance with the rules of court. 1993, c. 2, s. 6.

Record

(2) If a party appeals a decision of the Appeal Board to the Divisional Court, the Appeal Board shall promptly file with the Divisional Court the record of the proceeding before the Appeal Board and the transcript of the evidence taken before the Appeal Board, which together constitute the record in the appeal. 1993, c. 2, s. 6.

Minister to be heard

(3) The Minister is entitled to be heard by counsel or otherwise on the argument of an appeal under this section. 1993, c. 2, s. 6.

Powers of court on appeal

(4) On an appeal under this section, the Divisional Court,

(a) may affirm or rescind the decision of the Appeal Board;

(b) may refer the matter back to the Appeal Board for rehearing in whole or in part in accordance with such directions as the court considers proper;

(c) may refer the matter back to the placement co-ordinator for redetermination in accordance with such directions as the court considers proper;

(d) may substitute its opinion for that of the placement co-ordinator or the Appeal Board; and

(e) may direct the placement co-ordinator to determine that the applicant is eligible for admission to an approved charitable home for the aged. 1993, c. 2, s. 6.

Decision to Minister

(5) The placement co-ordinator shall furnish the Minister with a copy of the decision and reasons of the Divisional Court. 1993, c. 2, s. 6.

Affidavits

9.14 A person or a member of a class of persons designated by the Minister as a commissioner or commissioners for taking affidavits for the purposes of this Act is a commissioner for taking affidavits within the meaning of the Commissioners for taking Affidavits Act with power to take affidavits and statutory declarations for the purposes of this Act. 1993, c. 2, s. 6.

Plan of care

9.15 An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that,

(a) the requirements of each resident of the home are assessed on an ongoing basis;

(b) a plan of care is developed for each resident to meet the resident’s requirements;

(c) the plan of care is revised as necessary when the resident’s requirements change;

(d) an opportunity to participate fully in the development and revision of the resident’s plan of care is provided to,

(i) the resident,

(ii) if the resident is mentally incapable, his or her substitute decision-maker described in clause (a) of the definition of “substitute decision-maker” in section 1 and, unless it is the same person, his or her substitute decision-maker described in clause (b) of the definition of “substitute decision-maker” in section 1, and

(iii) such other person as the persons mentioned in subclauses (i) and (ii) may direct; and

(e) the care outlined in the plan of care is provided to the resident. 1993, c. 2, s. 6; 1996, c. 2, s. 61 (2).

Quality management

9.16 An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that a quality management system is developed and implemented for monitoring, evaluating and improving the quality of the accommodation, care, services, programs and goods provided to the residents of the home. 1993, c. 2, s. 6.

Notice

9.17 (1) An approved corporation maintaining and operating an approved charitable home for the aged shall give to the persons mentioned in subsection (1.1) a written notice,

(a) setting out the rights of the resident under subsection 3.1 (2) and stating that the approved corporation is obliged to respect and promote those rights;

(b) describing the accommodation, care, services, programs and goods that the approved corporation is required to provide or offer under this Act and under the service agreement relating to the home;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (16) by striking out “the service agreement” and substituting “the service accountability agreement”. See: 2006, c. 4, ss. 43 (16), 55 (2).

(c) stating that the persons mentioned in subsection (1.1) may request access to and an explanation of the resident’s plan of care, and specifying the person to whom the request must be made;

(d) setting out the procedures for making complaints about the maintenance or operation of the home, the conduct of the staff of the home or the treatment or care received by the resident in the home; and

(e) setting out such other matters as are prescribed by the regulations. 1993, c. 2, s. 6; 1996, c. 2, s. 61 (3, 4).

Same

(1.1) The notice must be given to,

(a) each resident of the approved charitable home for the aged;

(b) if the resident is mentally incapable, his or her substitute decision-maker described in clause (a) of the definition of “substitute decision-maker” in section 1 and, unless it is the same person, his or her substitute decision-maker described in clause (b) of the definition of “substitute decision-maker” in section 1; and

(c) such other person as the persons mentioned in clauses (a) and (b) may direct. 1996, c. 2, s. 61 (5).

Obligations re plan of care

(2) If a request is made in accordance with clause (1)(c), the approved corporation shall ensure that access to and an explanation of the plan of care is provided to the person who made the request. 1993, c. 2, s. 6.

Posting of information

9.18 (1) An approved corporation maintaining and operating an approved charitable home for the aged shall post in the home,

(a) a copy of section 3.1;

(b) a copy of the service agreement relating to the home;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (17) and the following substituted:

(b) a copy of the service accountability agreement relating to the home;

See: 2006, c. 4, ss. 43 (17), 55 (2).

(c) a copy of the most recent inspection report relating to the home received by the approved corporation under subsection 10.1 (15);

(d) copies of those financial statements, reports and returns filed with the Minister that the regulations require to be posted; and

(e) all other documents and information that the regulations require to be posted. 1993, c. 2, s. 6.

Exception

(2) In posting anything under subsection (1), the approved corporation shall not disclose the salary of an individual. 1993, c. 2, s. 6.

Residents’ council

9.19 (1) If a request for the establishment of a residents’ council is made to the administrator of an approved charitable home for the aged by at least three persons, each of whom is a person mentioned in subsection (2),

(a) the administrator shall promptly notify the Director and the approved corporation maintaining and operating the home of the request; and

(b) the approved corporation shall assist the persons who made the request in establishing a residents’ council for the home within sixty days of the request. 1993, c. 2, s. 6.

Request for residents’ council

(2) For the purpose of subsection (1), the following persons may request the establishment of a residents’ council for an approved charitable home for the aged:

1. A resident of the home.

2. If a resident of the home is mentally incapable, any of his or her substitute decision-makers. 1993, c. 2, s. 6; 1996, c. 2, s. 61 (6).

Right to be a member

(3) The following persons are entitled to be members of the residents’ council of an approved charitable home for the aged:

1. A resident of the home.

2. If a resident of the home is mentally incapable, any of his or her substitute decision-makers.

3. A person selected by the resident or, if the resident is mentally incapable, by any of his or her substitute decision-makers. 1993, c. 2, s. 6; 1996, c. 2, s. 61 (7).

Who may not be a member

(4) No officer or director of an approved corporation maintaining and operating an approved charitable home for the aged may be a member of the residents’ council of the home, unless he or she is also a person mentioned in paragraph 1 or 2 of subsection (3). 1993, c. 2, s. 6.

Same

(5) No administrator or member of the staff of an approved charitable home for the aged may be a member of the residents’ council of the home. 1993, c. 2, s. 6.

Appointment by Minister

(6) At the request of a residents’ council, the Minister may appoint no more than three persons to be members of the residents’ council, and those persons shall serve as members at the pleasure of the residents’ council. 1993, c. 2, s. 6.

Same

(7) Only a person who lives in the area in which the approved charitable home for the aged is located and who is not employed by and does not have a contractual relationship with the ministry of the Minister may be appointed under subsection (6). 1993, c. 2, s. 6.

Meeting

9.20 (1) Unless an approved charitable home for the aged has a residents’ council, the approved corporation maintaining and operating the home shall, at least once in each year, convene a meeting of the following persons to advise them of their right to establish a residents’ council:

1. The residents of the home.

2. In the case of residents who are mentally incapable, their substitute decision-makers. 1996, c. 2, s. 61 (8).

Results of meeting

(2) Within thirty days after the meeting, the approved corporation shall notify the Director of the results of the meeting. 1993, c. 2, s. 6.

Powers of residents’ council

9.21 It is the function of a residents’ council of an approved charitable home for the aged, and the council has the power, to,

(a) advise residents of the home respecting their rights and obligations under this Act;

(b) advise residents of the home respecting the rights and obligations of the approved corporation maintaining and operating the home under this Act and under the service agreement relating to the home;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (18) by striking out “the service agreement” and substituting “the service accountability agreement”. See: 2006, c. 4, ss. 43 (18), 55 (2).

(c) meet regularly with representatives of the approved corporation maintaining and operating the home to,

(i) review inspection reports relating to the home received by the approved corporation under subsection 10.1 (15),

(ii) review the allocation of money for accommodation, care, services, programs and goods provided in the home,

(iii) review the financial statements relating to the home filed with the Minister under the regulations, and

(iv) review the operation of the home;

(d) attempt to mediate and resolve a dispute between the approved corporation maintaining and operating the home and a resident of the home; and

(e) report to the Minister any concerns and recommendations that in its opinion ought to be brought to the Minister’s attention. 1993, c. 2, s. 6.

Residents’ council assistant

9.22 (1) With the consent of a residents’ council, the Minister may appoint a residents’ council assistant to assist the residents’ council in carrying out its responsibilities. 1993, c. 2, s. 6.

Duties

(2) In carrying out his or her duties, a residents’ council assistant shall take instructions from and report to the residents’ council. 1993, c. 2, s. 6.

Information and assistance

9.23 (1) An approved corporation maintaining and operating an approved charitable home for the aged shall co-operate with the residents’ council and the residents’ council assistant and shall provide them with such financial and other information and such assistance as is required by the regulations. 1993, c. 2, s. 6.

Obstruction

(2) No person shall refuse entry to an approved charitable home for the aged to a residents’ council assistant or otherwise hinder, obstruct or interfere with a residents’ council assistant carrying out his or her duties. 1993, c. 2, s. 6.

Offence, individual

(3) An individual who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both;

(b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both. 2002, c. 18, Sched. I, s. 3 (1).

Same, corporation

(4) A corporation that contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence. 2002, c. 18, Sched. I, s. 3 (1).

Compensation or restitution

(5) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence. 2002, c. 18, Sched. I, s. 3 (1).

No limitation

(6) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section. 2002, c. 18, Sched. I, s. 3 (1).

Immunity

9.24 No proceeding shall be commenced against a member of a residents’ council or a residents’ council assistant for any act done under section 9.21, unless the act is done maliciously or without reasonable grounds. 1993, c. 2, s. 6.

Inspection of books of charitable institutions

10. (1) Every charitable institution, its books and records shall be open at all reasonable times for inspection by a provincial supervisor. R.S.O. 1990, c. C.9, s. 10 (1).

Idem

(2) Every premises, that is not a charitable institution, where residential services are provided or where residential services are to be provided for persons placed therein by an approved corporation, shall be open at all reasonable times for inspection by a provincial supervisor. R.S.O. 1990, c. C.9, s. 10 (2).

Inspection of books of approved corporations

(3) A provincial supervisor may inspect the books of account and other records of an approved corporation that pertain to charitable institutions. R.S.O. 1990, c. C.9, s. 10 (3).

Application

(4) This section does not apply to approved charitable homes for the aged. 1993, c. 2, s. 7.

Inspection

10.1 (1) In this section,

“inspector” means the Director or any other person appointed by the Minister in writing as an inspector for the purposes of this Act; (“inspecteur”)

“record” includes a book of account, bank book, voucher, invoice, receipt, contract, payroll record, record of staff hours worked, record of personal health information within the meaning of the Personal Health Information Protection Act, 2004, correspondence and any other document, regardless of whether the record is on paper or is in electronic, photographic or other form, but does not include that part of a record that deals with quality management activities or quality improvement activities. (“document”) 1993, c. 2, s. 8; 2004, c. 3, Sched. A, s. 77 (2).

Inspection of approved charitable homes for the aged

(2) For the purpose of determining whether there is compliance with this Act, the regulations or a service agreement, an inspector,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (19) by striking out the portion before clause (a) and substituting the following:

Entry and inspection

(2) For the purpose of determining whether there is compliance with this Act, the regulations, the terms and conditions of funding imposed under subsection 9 (2) or a service accountability agreement, an inspector,

See: 2006, c. 4, ss. 43 (19), 55 (2).

(a) may at all reasonable times enter and inspect an approved charitable home for the aged; and

(b) may, if he or she has reasonable grounds to believe that records or other things pertaining to an approved charitable home for the aged are kept in a place that is not in the home, enter the place at all reasonable times in order to inspect such records and other things. 1993, c. 2, s. 8.

Dwellings

(3) No inspector shall enter a place that is not in an approved charitable home for the aged and that is being used as a dwelling, except with the consent of the occupier of the place. 1993, c. 2, s. 8.

Identification

(4) An inspector conducting an inspection under this section shall produce, upon request, identification that provides evidence of his or her authority. 1993, c. 2, s. 8.

Powers on inspection

(5) An inspector conducting an inspection under this section,

(a) may inspect the premises of the home and the operations on the premises;

(b) may inspect a record or other thing relevant to the inspection;

(c) may demand the production for inspection of records or other things relevant to the inspection, including records or other things that are not kept on the premises of the home;

(d) may question a person on matters relevant to the inspection, subject to the person’s right to have counsel or some other representative present during the questioning;

(e) may conduct such examinations or tests as are reasonably necessary for the inspection;

(f) may, for the purpose of carrying out the inspection, use data storage, processing or retrieval devices or systems of the approved corporation in order to produce a record in readable form;

(g) may, on providing a receipt, remove a record, a sample of a substance, or any other thing, if it is relevant to the inspection;

(h) may review or copy a record or other thing removed under clause (g);

(i) may conduct such examinations or tests as are reasonably necessary on a sample or other thing removed under clause (g); and

(j) may call upon experts for such assistance in carrying out the inspection as the inspector considers necessary. 1993, c. 2, s. 8.

Written demand

(6) A demand mentioned in clause (5) (c) shall be in writing and shall include a statement of the nature of the records and other things required. 1993, c. 2, s. 8.

Return of things

(7) An inspector shall carry out with reasonable dispatch any reviewing, copying, examining or testing under clause (5) (h) or (i) and shall, within a reasonable time, return the records and other things removed to the place from which they were removed. 1993, c. 2, s. 8.

Making things available

(8) At the request of the approved corporation maintaining and operating the home, an inspector who has removed a record or other thing under clause (5) (g) shall make it available for review, copying, examination or testing by or on behalf of the approved corporation at a mutually convenient time and place. 1993, c. 2, s. 8.

Samples

(9) Subsections (7) and (8) do not apply to samples removed by the inspector. 1993, c. 2, s. 8.

Admissibility of copies

(10) A copy made under clause (5) (h) that purports to be certified by the inspector as being a true copy of the original is admissible in evidence in any proceeding to the same extent as, and has the same evidentiary value as, the original. 1993, c. 2, s. 8.

Admissibility of test results

(11) A certificate as to the result of an examination or test conducted under this section that states the name and qualifications of the person who conducted the examination or test and purports to be signed by that person is, without proof of the office or signature of that person, admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the certificate, if the certificate has been served on the other parties to the proceeding within a reasonable time before the certificate is adduced. 1993, c. 2, s. 8.

Obligation to produce and assist

(12) If an inspector makes a demand under clause (5) (c), the person having custody of the record or other thing shall produce it for the inspector and shall, at the inspector’s request,

(a) provide such assistance as is reasonably necessary to produce the record in a readable form, including using a data storage, processing or retrieval device or system; and

(b) provide such assistance as is reasonably necessary to interpret the record for the inspector. 1993, c. 2, s. 8.

Obstruction

(13) No person shall hinder, obstruct or interfere with an inspector conducting an inspection under this section or otherwise impede an inspector in carrying out his or her duties under this Act. 1993, c. 2, s. 8.

Offence, individual

(14) An individual who contravenes subsection (12) or (13) is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both;

(b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both. 2002, c. 18, Sched. I, s. 3 (2).

Corporation

(14.1) A corporation that contravenes subsection (12) or (13) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence. 2002, c. 18, Sched. I, s. 3 (2).

No limitation

(14.2) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section. 2002, c. 18, Sched. I, s. 3 (2).

Inspection report

(15) Upon completing an inspection under this section, an inspector shall prepare an inspection report and shall give a copy of the report to the approved corporation maintaining and operating the home. 1993, c. 2, s. 8.

Warrant

10.2 (1) A justice of the peace may issue a warrant authorizing an inspector named in the warrant to enter premises specified in the warrant and to exercise any of the powers mentioned in subsection 10.1 (5), if the justice of the peace is satisfied on information under oath that,

(a) the inspector has been prevented from exercising a right of entry to the premises under subsection 10.1 (2) or has been prevented from exercising a power under subsection 10.1 (5); or

(b) there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the premises under subsection 10.1 (2) or will be prevented from exercising a power under subsection 10.1 (5). 1993, c. 2, s. 8.

Expiry of warrant

(2) A warrant issued under this section shall name a date on which it expires, which date shall not be later than thirty days after the warrant is issued. 1993, c. 2, s. 8.

Extension of time

(3) A justice of the peace may extend the date on which a warrant issued under this section expires for an additional period of no more than thirty days, upon application without notice by the inspector named in the warrant. 1993, c. 2, s. 8.

Use of force

(4) An inspector named in a warrant issued under this section may use whatever force is necessary to execute the warrant and may call upon a police officer for assistance in executing the warrant. 1993, c. 2, s. 8.

Time of execution

(5) A warrant issued under this section may be executed only between 8 a.m. and 8 p.m., unless the warrant specifies otherwise. 1993, c. 2, s. 8.

Other matters

(6) Subsections 10.1 (4) and 10.1 (6) to (15) apply with necessary modifications to an inspector executing a warrant issued under this section. 1993, c. 2, s. 8.

Protection from personal liability

10.3 (1) No proceeding for damages shall be commenced against an inspector for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in the performance in good faith of his or her duty. 1993, c. 2, s. 8.

Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject in respect of a tort committed by an inspector. 1993, c. 2, s. 8.

Protection from reprisals

10.4 (1) No person shall do anything, or refrain from doing anything, in retaliation for another person making a disclosure to an inspector, so long as the disclosure was made in good faith. 1993, c. 2, s. 8.

No interference

(2) No person shall seek, by any means, to compel another person to refrain from making a disclosure to an inspector. 1993, c. 2, s. 8.

Offence, individual

(3) An individual who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both;

(b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both. 2002, c. 18, Sched. I, s. 3 (3).

Same, corporation

(4) A corporation that contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence. 2002, c. 18, Sched. I, s. 3 (3).

No limitation

(5) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section. 2002, c. 18, Sched. I, s. 3 (3).

Suspension and revocation of approvals

11. (1) Subject to this section, any approval given under this Act may be suspended or revoked by the Minister if,

(a) any director, officer or servant of the approved corporation has contravened or knowingly permitted any person under his or her control and direction to contravene any provision of this Act or the regulations and such contravention occurred through lack of competence or with intent to evade the requirements of such provision;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (20) and the following substituted:

(a) any director, officer or servant of the approved corporation has contravened or knowingly permitted any person under his or her control and direction to contravene this Act, the regulations or the terms and conditions of funding imposed under subsection 9 (2) and the contravention occurred through lack of competence or with intent to evade those requirements;

See: 2006, c. 4, ss. 43 (20), 55 (2).

(b) the approval would be refused if application were being made for it in the first instance; or

(c) in the case of an approved charitable home for the aged,

(i) the approved corporation maintaining and operating the home has contravened this Act or the regulations,

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause (i) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (21) and the following substituted:

(i) the approved corporation maintaining and operating the home has contravened this Act, the regulations or the terms and conditions of funding imposed under subsection 9 (2),

See: 2006, c. 4, ss. 43 (21), 55 (2).

(ii) the approved corporation maintaining and operating the home has breached its service agreement with the Crown in right of Ontario relating to the home, or

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause (ii) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (21) and the following substituted:

(ii) the approved corporation maintaining and operating the home has breached the service accountability agreement relating to the home, or

See: 2006, c. 4, ss. 43 (21), 55 (2).

(iii) the approved corporation has ceased operating the home, at least six months have elapsed since the operation of the home ceased and the approved corporation is not taking reasonable steps to re-open the home. R.S.O. 1990, c. C.9, s. 11 (1); 1993, c. 2, s. 9.

Hearing

(2) Unless the approved corporation has consented to the suspension or revocation of the approval, the Minister, before suspending or revoking the approval, shall cause a hearing to be held to determine whether the approval should be suspended or revoked. 1994, c. 26, s. 70 (2).

Person conducting hearing

(2.1) The Minister shall appoint a person who is not an employee of the Minister’s ministry to conduct the hearing. 1994, c. 26, s. 70 (2).

Procedure

(3) Sections 4 to 16 and 21 to 24 of the Statutory Powers Procedure Act apply with respect to a hearing under this section. R.S.O. 1990, c. C.9, s. 11 (3).

Report to Minister

(4) The person conducting a hearing under this section shall, at the conclusion of the hearing, make a report to the Minister setting out his or her findings of fact and any information or knowledge used in making his or her recommendations, any conclusions of law he or she has arrived at relevant to the recommendations, and the recommendations as to the suspension or revocation of the approval, and shall send a copy of the report to the persons affected. R.S.O. 1990, c. C.9, s. 11 (4).

Decision of Minister

(5) After considering a report made to him or her under this section, the Minister may thereupon suspend or revoke the approval to which the report relates and shall give notice of his or her decision to the persons affected, specifying the reasons therefor. R.S.O. 1990, c. C.9, s. 11 (5).

Provisional suspension of approval

(6) Despite anything in this section, the Minister, by notice to the persons affected and without a hearing, may provisionally suspend an approval given under this Act where the continuation of operations in accordance with the approval is, in the Minister’s opinion, an immediate threat to the public interest and the Minister so states in such notice giving his or her reasons therefor, and thereafter the Minister shall cause a hearing to be held and the provisions of subsections (2) to (5) apply. R.S.O. 1990, c. C.9, s. 11 (6).

Minister may take control

11.1 (1) The Minister may take control of, operate and manage an approved charitable home for the aged if,

(a) an approval under this Act in respect of the home or the approved corporation maintaining and operating the home is suspended or revoked; or

(b) the approved corporation maintaining and operating the home consents to the Minister taking control of, operating and managing the home. 1994, c. 26, s. 70 (3).

Same

(2) Subject to subsection (3), the Minister may take control of, operate and manage an approved charitable home for the aged if the Minister believes on reasonable grounds that,

(a) the physical state of the home or the manner of operation of the home is causing or is likely to cause harm to or an adverse effect on the health of a person or impairment of the safety of a person; or

(b) the home is not being or is not likely to be operated with competence, honesty, integrity and concern for the health, safety and well-being of its residents. 1994, c. 26, s. 70 (3).

Subss. 11 (2) to (5) apply

(3) Subsections 11 (2) to (5) apply with necessary modifications to the exercise of the Minister’s power under subsection (2). 1994, c. 26, s. 70 (3).

Provisional exercise of power without hearing

(4) Despite subsection (3), on notice to the approved corporation maintaining and operating the approved charitable home for the aged, the Minister may provisionally exercise the power under subsection (2) without a hearing if, in the Minister’s opinion, it is necessary to do so to avert an immediate threat to a person’s health, safety or well-being. 1994, c. 26, s. 70 (3).

Content of notice

(5) The notice to the approved corporation under subsection (4) shall set out,

(a) the Minister’s opinion on which the provisional exercise of the power is based; and

(b) the reasons for the Minister’s opinion. 1994, c. 26, s. 70 (3).

Continuation of exercise of power

(6) As soon as possible after a power is exercised under subsection (4), the procedure set out in subsections 11 (2) to (5) shall be followed with necessary modifications to determine whether the power should continue to be exercised. 1994, c. 26, s. 70 (3).

Minister has powers of approved corporation

(7) In exercising the power under subsection (1) or (2) with respect to an approved charitable home for the aged, the Minister has all the powers that the approved corporation had when it operated the home. 1994, c. 26, s. 70 (3).

Occupation of premises

(8) Without limiting the generality of subsection (7), the Minister,

(a) despite sections 25 and 39 of the Expropriations Act, may immediately occupy, operate and manage the approved charitable home for the aged or arrange for it to be occupied, operated and managed by a person or entity designated by the Minister; and

(b) may apply without notice to the Ontario Court (General Division) for an order directing the sheriff to assist the Minister or the person or entity designated by the Minister in occupying the home. 1994, c. 26, s. 70 (3).

Maximum period

(9) The Minister shall not occupy, operate or manage an approved charitable home for the aged, or arrange for it to be occupied, operated or managed by a person or entity designated by the Minister, for a period exceeding one year without the consent of the approved corporation that maintained and operated the home or the authorization of the Lieutenant Governor in Council, and the Lieutenant Governor in Council may from time to time authorize an extension of the period. 1994, c. 26, s. 70 (3).

Regulations

12. (1) The Lieutenant Governor in Council may make regulations,

(a) exempting designated approved corporations or charitable institutions from specified provisions of the Act or the regulations;

(b) prescribing classes of approved charitable institutions and specifying classes of persons that may be cared for in each class of institution;

(b.1) governing the admission of persons to and their discharge from approved charitable institutions or a class of approved charitable institutions, other than approved charitable homes for the aged, including prescribing the conditions of eligibility for admission and procedures for admission and discharge;

(b.2) governing applications to placement co-ordinators for a determination regarding a person’s eligibility for admission to an approved charitable home for the aged or for authorization of a person’s admission to such a home, including prescribing the placement co-ordinators to whom applications may be made and the frequency with which applications may be made;

(b.3) governing the determination of a person’s eligibility for admission to an approved charitable home for the aged and the determination of whether to authorize a person’s admission to such a home;

(b.4) prescribing, for the purpose of clause 9.6 (14) (c), additional circumstances which are grounds for an approved corporation to withhold approval for the admission of a person to an approved charitable home for the aged;

(b.5) prescribing and governing the obligations of an approved corporation in relation to giving or withholding approval for the admission of a person to an approved charitable home for the aged, and governing the written notice required to be given under subsection 9.6 (15);

(b.6) requiring that placement co-ordinators have certain qualifications or meet certain requirements and prescribing such qualifications or requirements;

(b.7) governing the treatment, care and discharge of residents of approved charitable homes for the aged;

(b.8) prescribing and governing the obligations of placement co-ordinators and others in relation to ensuring that persons seeking admission to an approved charitable home for the aged are provided with information about their rights and assistance in exercising their rights, including prescribing,

(i) the information or assistance that must be given,

(ii) the categories of persons who must be given the information or assistance,

(iii) the circumstances in which the information or assistance must be given,

(iv) the persons by whom the information or assistance must be given, and

(v) the manner and time in which the information or assistance must be given;

(b.9) governing the transfer of information among those involved in the process of providing persons with information about their rights;

(b.10) regulating the timing of the authorization of a person’s admission to an approved charitable home for the aged, if the person must be provided with information about his or her rights or if the person exercises, or indicates an intention to exercise, any of his or her rights;

(c) providing for the collection of information and the making of investigations regarding the financial and other circumstances of residents in or applicants for admission to approved charitable institutions or a class of approved charitable institutions, in connection with determinations respecting eligibility for admission, authorization of admission, discharge and amounts which residents may be charged;

(d) prescribing procedures for selecting and evaluating the site for a charitable institution to be erected or acquired by an approved corporation and for conducting a survey of the community and a review of population requirements and the contents of the report to be submitted to the Minister under section 4;

(e) prescribing procedures for the development and preparation of plans for sites and buildings and the information to be contained in such plans;

(f) prescribing the location, site, size, design and construction of buildings used or to be acquired, erected or altered for use as approved charitable institutions or any class thereof and the facilities and equipment to be provided therein;

(g) prescribing rules governing the establishment, maintenance and operation of charitable institutions and the conduct of the persons cared for therein and the staffs thereof;

(h) prescribing staff requirements and governing the appointment, qualifications and the powers and duties of administrators and members of the staffs of approved charitable institutions or any class thereof and requiring and governing in-service training programs for members of staffs of any such institutions or class thereof;

(i) requiring the bonding of administrators and other employees or classes of employees of approved charitable institutions or any class thereof in such form and terms and with such collateral security as are prescribed and providing for the forfeiture of the bonds and the disposition of the proceeds thereof;

(j) requiring approved corporations to provide or offer certain types of accommodation, care, services, programs and goods to residents of approved charitable institutions or a class of approved charitable institutions, and prescribing and governing the accommodation, care, services, programs and goods that must be provided or offered;

(j.1) requiring and governing the assessment and classification of residents of approved charitable institutions or any class of approved charitable institutions for the purpose of determining the class or level of care, services, programs or goods required by each resident;

(k) requiring that parts of the bed capacity of approved charitable institutions or a class of approved charitable institutions, other than approved charitable homes for the aged, be set aside for residents requiring a specified class or level of care, services, programs or goods, and regulating the amount of bed capacity that must be set aside for each class or level;

(k.1) requiring that parts of the bed capacity of approved charitable institutions or a class of approved charitable institutions be set aside for various classes of accommodation, and regulating the amount of bed capacity that must be set aside for each class;

(l) prescribing the maximum amounts that may be charged residents of approved charitable institutions or a class of approved charitable institutions, other than approved charitable homes for the aged, in respect of particular classes or levels of care, services, programs or goods;

(l.1) defining “personal record”, “accommodation”, “basic accommodation”, “preferred accommodation”, “short-stay program” and “veteran” for the purpose of any provision of this Act or the regulations;

(l.2) prescribing the maximum amounts or governing the manner of determining the maximum amounts that may be demanded or accepted from or on behalf of a resident under clauses 9.3 (1) (a) and (b), prescribing the information or proof that is to be provided before a determination is made, requiring that the information provided for the purpose of a determination be provided under oath, and prescribing the persons or other entities who may make the determination;

(l.3) designating care, services, programs and goods for the purpose of clause 9.3 (1) (c) and prescribing the maximum amount, or governing the manner of determining the maximum amount, that may be demanded or accepted from or on behalf of a resident under clause 9.3 (1) (c) for each item so designated;

(m) providing for the terms and conditions of trust upon which an approved corporation may receive and hold property of a resident in an approved charitable institution maintained and operated by the corporation;

(n) governing applications by approved corporations for payments under this Act and prescribing the method, time and manner of payment;

(o) prescribing the manner of computing the cost to approved corporations, and prescribing classes of payments and a greater amount per bed in determining the amount of a payment or any class or classes of payment for the purposes of sections 6 and 7;

(p) for the purposes of section 8, prescribing the manner of computing the cost of care and maintenance in a charitable institution other than a hostel or an approved charitable home for the aged, and the cost of residential services provided in other than an approved charitable institution, prescribing classes of payments and a higher percentage in respect of the cost for the purpose of determining the amount of a payment or a class or classes of payment, and prescribing the maximum amounts of the cost to which Ontario may contribute;

(q) governing the manner of determining the amounts of the payments required to be made under section 9 and the method and time of payment;

(r) instituting a system for reconciling the payments made by the Crown under section 9 on account of the maintenance and operating costs of an approved charitable home for the aged with the actual maintenance and operating costs of the home, including,

(i) requiring the approved corporation to provide, at specified intervals, audited financial statements, proof of maintenance and operating costs, information about the level of occupancy of the home and other documents and information,

(ii) requiring that the information provided by the approved corporation for the purpose of the reconciliation be provided under oath, and

(iii) providing for the recovery by the Crown of any excess payment through deduction from subsequent payments to the approved corporation;

(s) prescribing the extraordinary events in respect of which the Minister may make additional grants to an approved corporation under section 9.1;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (s) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (22) and the following substituted:

(s) prescribing the terms and conditions of funding provided under section 9;

See: 2006, c. 4, ss. 43 (22), 55 (2).

(s.1) governing service agreements, including prescribing provisions that must be contained in all service agreements and matters that must be provided for in all service agreements;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (s.1) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (22) and the following substituted:

(s.1) governing how funding in section 9 is to be determined or the circumstances or requirements that must be met as conditions for receiving funding;

See: 2006, c. 4, ss. 43 (22), 55 (2).

(t) prescribing rules for determining the amounts to be contributed by any resident or any class of resident in an approved charitable institution other than an approved charitable home for the aged towards the cost of his or her care and maintenance therein;

(u) for the purposes of section 8, prescribing the terms and conditions upon which the Director may approve the provision of residential services by or on behalf of an approved corporation in other than an approved charitable institution, the classes or levels of such services, the services, items and amenities to be provided in connection therewith, and the maximum amounts that may be charged persons in receipt of the residential services;

(v) requiring that approved corporations keep records and accounts for approved charitable institutions and that they file financial statements, reports and returns with the Minister at specified intervals, prescribing and governing such records, accounts, financial statements, reports and returns, and requiring that approved corporations furnish such information or accounts as the Minister may require;

(v.1) governing the posting of documents and information under section 9.18, prescribing the financial statements, reports and returns that must be posted and prescribing additional documents and information that must be posted;

(w) providing for the recovery by an approved corporation or the Province of Ontario from a person or his or her estate of any amount paid by the corporation or by the Province of Ontario to the corporation for the cost of the care and maintenance of the person in a charitable institution and prescribing the circumstances and the manner in which any such recovery may be made;

(x) prescribing additional duties of provincial supervisors and inspectors;

(x.1) governing inspection reports;

(y) Repealed: 1997, c. 15, s. 3 (2).

(z) governing short-stay programs in approved charitable homes for the aged;

(z.1) governing plans of care, including their content, development, implementation and revision;

(z.2) governing the quality management system to be developed and implemented by approved corporations for monitoring, evaluating and improving the quality of the accommodation, care, services, programs and goods provided to residents of approved charitable homes for the aged;

(z.3) governing the notice required to be provided under section 9.17, including prescribing additional matters which must be set out in the notice;

(z.4) respecting the establishment and conduct of residents’ councils;

(z.5) respecting the financial and other information and the assistance that an approved corporation must give to a residents’ council and a residents’ council assistant;

(z.6) governing the confidentiality and security of personal records, the disclosure of personal records, the retention and disposal of personal records, and access to and correction of personal records, including prescribing the time and manner in which access to personal records must be given and regulating the fees that may be charged for making copies of personal records;

(z.7) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. C.9, s. 12; 1993, c. 2, s. 10 (1-12); 1994, c. 26, s. 70 (4, 5); 1996, c. 2, s. 61 (9); 1997, c. 15, s. 3 (2).

Retroactivity

(2) A regulation is, if it so provides, effective with reference to a period before it is filed. 1993, c. 2, s. 10 (13).

Application

(3) A regulation may be general or particular in its application. 1993, c. 2, s. 10 (13).

Exception

(4) A regulation made under clause (1) (z.6) shall not apply to a record of personal health information within the meaning of the Personal Health Information Protection Act, 2004. 2004, c. 3, Sched. A, s. 77 (3).

Same

(5) Despite subsection (4), a regulation made under clause (1) (z.6) that relates to the security, retention or disposal of a record of personal health information within the meaning of the Personal Health Information Protection Act, 2004 applies to the extent that the regulation is consistent with that Act and the regulations made under it. 2004, c. 3, Sched. A, s. 77 (3).

Forms

13. The Minister may require that forms approved by the Minister be used for any purpose of this Act. 1997, c. 15, s. 3 (3).

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