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Homes for the Aged and Rest Homes Act

R.S.O. 1990, CHAPTER H.13

Historical version for the period November 1, 2004 to March 8, 2005.

Amended by: 1993, c. 2, ss. 13-22; 1993, c. 27, Sched.; 1994, c. 26, s. 73; 1996, c. 2, s. 68; 1996, c. 32, s. 72; 1997, c. 15, s. 8; 1997, c. 29, s. 58; 1997, c. 43, Sched. G, s. 21; 1998, c. 15, Sched. E, s. 14; 1998, c. 18, Sched. G, s. 57; 1999, c. 6, s. 27; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. I, s. 10; 2004, c. 3, Sched. A, s. 87.

CONTENTS

1.

Definitions

1.1

Fundamental principle, residents’ rights

2.

Director’s function

3.

Establishment of homes

4.

Homes and joint homes in territorial districts

5.

Homes and joint homes, establishment by Indian bands

6.

Homes in districts; establishment, etc.

7.

Provision for admission to and care in existing home

8.

Committee of management, appointment

9.

Board of management, established

10.

Homes established

11.

Trust agreements

12.

Staffing

13.

Evaluation and survey

14.

Site and plans, etc., to be approved

15.

Supply of utilities

16.

Debentures

17.

Facilities for recreational, etc., activities

18.

Admission to homes

18.1

Information to be given

19.

Immunity

19.1

Review of determination of ineligibility

19.2

Hearing

19.4

Appeal to Divisional Court

19.5

Plan of care

19.6

Quality management

21.

Inspection

21.1

Warrant

21.2

Personal information

21.3

Protection from personal liability

21.4

Protection from reprisals

22.

Affidavits

24.

Miscellaneous financial

25.

Capital cost of homes in districts

26.

Alternative method of raising funds

27.

Provincial subsidy on capital expenditures

28.

Operating subsidy

29.

Additional grants

30.

Service agreement

30.1

Excessive charges prohibited

30.2

Resident responsible for payments for accommodation

30.3

Recovery of certain payments

30.4

Notice

30.5

Posting of information

30.6

Residents’ council

30.7

Meeting

30.8

Powers of residents’ council

30.9

Residents’ council assistant

30.10

Information and assistance

30.11

Immunity

30.12

Minister may take control with consent

30.13

Minister may take control if reasonable grounds

30.14

Provisional exercise of power without hearing

30.15

Powers of Minister

31.

Regulations

32.

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”)

“band”, “council of the band” and “reserve” have the same meaning as in the Indian Act (Canada); (“bande”, “conseil de la bande”, “réserve”)

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

“home” means a home for the aged established or maintained under this Act or a rest home established and maintained under this Act; (“foyer”)

“joint home” means a home of two or more municipalities or councils of bands, as the case may be; (“foyer commun”)

“last revised assessment rolls as equalized” means last revised assessment rolls as revised and equalized by the Ministry of Revenue; (“derniers rôles d’évaluation révisés tels que pondérés”)

“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 the Minister of Health; (“ministre”)

“municipality” means an upper-tier municipality or a single-tier municipality, but does not include The Corporation of the Township of Pelee; (“municipalité”)

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

“resident” means a person admitted to and lodged in a home; (“résident”)

“substitute decision-maker”, in relation to a resident, 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. H.13, s. 1; 1993, c. 2, s. 13; 1994, c. 26, s. 73 (1); 1996. c. 2, s. 68 (1); 1998, c. 18, Sched. G, s. 57 (1); 2002, c. 17, Sched. F, Table.

Fundamental principle, residents’ rights

Fundamental principle

1.1 (1) The fundamental principle to be applied in the interpretation of this Act, the regulations and a service agreement relating to a home is that a home 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. 14.

Residents’ bill of rights

(2) A municipality maintaining and operating a home, the municipalities maintaining and operating a joint home and the board of management of a home 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 a home, 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 home, government officials or any other person inside or outside the home, 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 or same-sex partner in a room that assures privacy and, if both spouses or same-sex partners are residents in the same home, 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 home 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 home 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 home, 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 home in order to enjoy outdoor activity, unless the physical setting makes this impossible. 1993, c. 2, s. 14; 1999, c. 6, s. 27 (1); 2004, c. 3, Sched. A, s. 87 (1).

Further guide to interpretation

(3) Without restricting the generality of subsection (1), this Act, the regulations and a service agreement relating to a home 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. 14.

Deemed contract

(4) A municipality maintaining and operating a home, the municipalities maintaining and operating a joint home and the board of management of a home shall be deemed to have entered into a contract with each resident of the home or joint home, as the case may be, agreeing to respect and promote the rights of the resident set out in subsection (2). 1993, c. 2, s. 14.

Definitions

(5) In this section,

“same-sex partner” means either of two persons of the same sex who live together in a conjugal relationship outside marriage; (“partenaire de même sexe”)

“spouse” means,

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

(b) either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. (“conjoint”) 1999, c. 6, s. 27 (2).

Director’s function

2. (1) The Director shall exercise general supervision over the administration of this Act and the regulations and carry out such other duties as are assigned to him or her by this Act or the regulations. R.S.O. 1990, c. H.13, s. 2 (1).

Absence, etc.

(2) Where the Director is absent or there is a vacancy in the office, the powers and duties of the Director shall be exercised and performed by such employee of the Ministry of Health as the Minister designates. R.S.O. 1990, c. H.13, s. 2 (2); 1994, c. 26, s. 73 (2).

Delegation of functions

(3) The Director, with the consent in writing of the Deputy Minister of Health, may authorize any employee or class of employee of the Ministry of Health to exercise and discharge any of the powers conferred or the duties imposed upon the Director under this Act or the regulations. R.S.O. 1990, c. H.13, s. 2 (3); 1994, c. 26, s. 73 (3).

Establishment of homes

Home for the aged, rest homes

3. (1) Except as otherwise provided in subsection (2) or in section 7, every municipality not in a territorial district and The District Municipality of Muskoka shall establish and maintain a home for the aged. 2002, c. 17, Sched. F, Table.

Joint homes

(2) Instead of establishing separate homes, the councils of two or more municipalities described in subsection (1) may, with the approval in writing of the Minister, enter into an agreement to establish and maintain a joint home for the aged. 2002, c. 17, Sched. F, Table.

Rest homes

(3) Except as otherwise provided in subsection (4) or in section 7, any municipality not in a territorial district and The District Municipality of Muskoka may, and any lower-tier municipality not in a regional municipality may, with the prior approval of its upper-tier municipality, establish and maintain a rest home. 2002, c. 17, Sched. F, Table.

Joint homes

(4) Instead of establishing separate rest homes, the councils of two or more municipalities not in a territorial district and The District Municipality of Muskoka or the councils of any two or more lower-tier municipalities in one or more upper-tier municipalities that are not regional municipalities may, with the approval in writing of the Minister, enter into an agreement to establish and maintain a joint rest home. 2002, c. 17, Sched. F, Table.

Homes and joint homes in territorial districts

4. (1) A municipality that has a population of more than 15,000 and that is located in a territorial district may, with the written approval of the Minister, establish and maintain a home, or the council of any such municipality and the councils of one or more other municipalities in the same territorial district may, with the approval in writing of the Minister, enter into an agreement to establish and maintain a joint home. R.S.O. 1990, c. H.13, s. 4.

Exception

(2) Subsection (1) does not apply to The District Municipality of Muskoka. 2002, c. 17, Sched. F, Table.

Homes and joint homes, establishment by Indian bands

5. The council of the band may,

(a) establish and maintain a home; or

(b) enter into an agreement with the councils of one or more other bands to establish and maintain a joint home,

with the approval in writing of the Minister. R.S.O. 1990, c. H.13, s. 5.

Homes in districts; establishment, etc.

6. (1) When a by-law authorizing the establishment and maintenance of a home under a board of management has been passed by a majority of the municipalities in a territorial district, all of the municipalities in the district shall contribute to its establishment and maintenance. R.S.O. 1990, c. H.13, s. 6 (1).

Transmission of by-law

(2) When a by-law under subsection (1) is passed, a certified copy thereof shall be transmitted forthwith to the Minister. R.S.O. 1990, c. H.13, s. 6 (2).

Where a home established under s. 4

(3) Where a home or a joint home is established and maintained under section 4, the municipality or municipalities that establish and maintain it shall be deemed not to be within the territorial district for the purposes of this section and sections 24 to 26. R.S.O. 1990, c. H.13, s. 6 (3).

Exception

(4) This section does not apply to The District Municipality of Muskoka. 2002, c. 17, Sched. F, Table.

Provision for admission to and care in existing home

7. Despite sections 3, 4 and 6, the council of any municipality not having a home and not participating in a joint home may, with the approval in writing of the Minister, enter into an agreement with the council of a municipality having a home, the councils of the municipalities having a joint home, or the board of a home providing for admission thereto and maintenance therein of residents of the municipality. R.S.O. 1990, c. H.13, s. 7.

Committee of management, appointment

8. (1) The council of a municipality establishing and maintaining a home or the councils of the municipalities establishing and maintaining a joint home shall appoint from among the members of the council or councils, as the case may be, a committee of management for the home or joint home. R.S.O. 1990, c. H.13, s. 8 (1).

Composition

(2) The composition of a committee of management and the qualifications and term of office of the members thereof shall be as prescribed by the regulations. R.S.O. 1990, c. H.13, s. 8 (2).

Board of control

(3)Where a home is established and maintained by a local municipality having a board of control, the members of the committee of management shall be appointed on the recommendation of the board of control, and section 68 of the Municipal Act, as that section read on December 31, 2002, applies in respect of the home except that a reference in subsections (3), (6) and (7) of that section to a two-thirds vote shall be deemed to be a reference to a majority vote. 2002, c. 17, Sched. F, Table.

Rest home approved by county must have committee of management

(4) Despite subsections (1) and (2), where the establishment of a rest home has been approved by the council of a county, there shall be a committee of management for the rest home. R.S.O. 1990, c. H.13, s. 8 (4); 2002, c. 17, Sched. F, Table.

Board of management, established

9. (1) A board of management shall be established which shall be a corporation for any home established and maintained by a band under section 5 or in a territorial district under section 6. R.S.O. 1990, c. H.13, s. 9 (1).

Composition

(2) The composition of each board of management and the qualifications and term of office of the members, including appointments to those boards by councils of municipalities, shall be as prescribed by the regulations. R.S.O. 1990, c. H.13, s. 9 (2).

Idem

(3) A home established under section 5 or 6 shall be vested in the board and the board shall have charge thereof. R.S.O. 1990, c. H.13, s. 9 (3).

Idem

(4) The Corporations Act does not apply to the board. R.S.O. 1990, c. H.13, s. 9 (4).

Homes established

10. A board of management appointed under section 9 may by lease or agreement entered into with the Minister maintain and operate a home established in the territorial district of the board by the Minister under section 14 of the Ministry of Community and Social Services Act, subject to the provisions of this Act and the regulations and upon such terms and conditions as may be agreed upon. R.S.O. 1990, c. H.13, s. 10.

Trust agreements

11. Where a municipality that establishes and maintains a home or joint home, or the board of management of a home established and maintained under section 5 or 6 or a home maintained and operated under an agreement with the Minister pursuant to section 10 enters into an agreement approved by the Director with a resident of the home to receive, hold and administer real or personal property of the resident in trust for certain purposes, the municipality or board may receive, hold and administer the property for the purposes of the agreement. R.S.O. 1990, c. H.13, s. 11.

Staffing

Administrator

12. (1) Subject to subsection (2), the council of a municipality that establishes and maintains a home or the councils of municipalities that establish and maintain a joint home or the board of management of a home shall appoint an administrator for the home or joint home. 1997, c. 15, s. 8 (1).

Temporary appointment

(2) The council of a municipality that establishes and maintains a home or the councils of the municipalities that establish and maintain a joint home or the board of management of a home may appoint a person to act temporarily as administrator of the home or joint home for a period not exceeding one year. R.S.O. 1990, c. H.13, s. 12 (2).

Staff, appointment

(3) The council of a municipality that establishes and maintains a home, or the councils of the municipalities that establish and maintain a joint home or the board of management of a home shall appoint such staff as the regulations prescribe for the proper care and well-being of the residents. R.S.O. 1990, c. H.13, s. 12 (3).

Medical care

(4) The council of a municipality that establishes and maintains a home or the councils of the municipalities that establish and maintain a joint home or the board of management of a home shall appoint a legally qualified medical practitioner as the physician for the home or joint home who is responsible for the medical, paramedical and nursing care and services provided to the residents thereof. R.S.O. 1990, c. H.13, s. 12 (4); 1997, c. 15, s. 8 (2).

Evaluation and survey

13. Before selecting or acquiring a site or erecting or acquiring a building for use as a home or joint home, the municipality or band establishing the home or the municipalities, or bands establishing a joint home or the board of management of a home, as the case may be, shall,

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

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

and submit a report thereof to the Minister. R.S.O. 1990, c. H.13, s. 13.

Site and plans, etc., to be approved

14. (1) A building shall not be acquired, erected or altered for use as a home or joint home until the need for the home or joint home has been established to the satisfaction of the Minister and,

(a) the site, selected and evaluated in accordance with the regulations; and

(b) the plans therefor developed and prepared in accordance with the regulations,

have been approved in writing by the Minister. R.S.O. 1990, c. H.13, s. 14 (1).

Idem

(2) There shall be no change in site and no sale or disposal of any part thereof and no alteration to or in any building or to the grounds of the home or joint home without the approval of the Minister. R.S.O. 1990, c. H.13, s. 14 (2).

Supply of utilities

Agreement for connecting sewerage system

15. (1) The council of a municipality having a home, the councils of the municipalities participating in a joint home or the board of management of a home may enter into an agreement with the council of any municipality for connecting the home or joint home with the sewerage system of such municipality. R.S.O. 1990, c. H.13, s. 15 (1).

Agreement for supplying water

(2) The council of a municipality having a home, the councils of the municipalities participating in a joint home or the board of management of a home may enter into an agreement with the council of any municipality or person owning or operating a waterworks system for the supply of water for domestic purposes and for fire protection at the home or joint home. 1998, c. 15, Sched. E, s. 14.

Agreement for supplying electricity

(2.1) The council of a municipality having a home, the councils of the municipalities participating in a joint home or the board of management of a home may enter into an agreement with any person for the supply of electricity for light, heat or power purposes at the home or joint home. 1998, c. 15, Sched. E, s. 14.

Power to carry necessary works over intervening lands

(3) For the purpose of connecting such home or joint home with any such system or works, any lands or highways may be entered upon, passed over or dug up, sewers constructed, pipes laid down, poles or wires put in place and all work done in or upon such lands and highways as may be necessary, due compensation being made to the owners thereof as provided by the Municipal Act, 2001. R.S.O. 1990, c. H.13, s. 15 (3); 2002, c. 17, Sched. F, Table.

Debentures

16. A municipality may issue debentures, without the assent of the electors for raising such sums as may be necessary for the purchase of a site or for the erection of buildings for a home or joint home, or for the purchase of land to be used in connection therewith, or for any addition to or improvement of such buildings, or for the purpose of any system or works authorized by section 15. R.S.O. 1990, c. H.13, s. 16; 1996, c. 32, s. 72 (1).

Facilities for recreational, etc., activities

17. The council of a municipality having a home, the councils of the municipalities participating in a joint home or the board of management of a home shall provide in accordance with the regulations such space, equipment and materials as will contribute to the well-being of the residents of the home or joint home and as will enable the residents to participate in recreation, handicrafts, continuous learning and similar activities, both within and outside the home or joint home. R.S.O. 1990, c. H.13, s. 17.

Admission to homes

18. (1) This section applies to the admission of a person to a home as a resident. 1993, c. 2, s. 15.

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. 15.

Same

(3) For each home, the Minister shall designate the placement co-ordinator who may authorize the admission of persons to that home. 1993, c. 2, s. 15.

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. 15.

Admission

(5) The committee of management or the board of management, as the case may be, of a home 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. 15.

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 a home and for authorization of admission with respect to such home or homes as the person selects. 1993, c. 2, s. 15.

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. 15.

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. 15.

Determination respecting eligibility

(9) A placement co-ordinator shall determine whether a person is eligible for admission to a home only if the person applies for the determination in accordance with the regulations. 1993, c. 2, s. 15.

Determination respecting authorization

(10) The placement co-ordinator designated for a home 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. 15.

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. 15.

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. 15.

Conditions of authorization

(13) The placement co-ordinator designated for a home 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 a home;

(b) the committee of management or the board of management, as the case may be, of the home 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. 15.

Approval

(14) The committee of management or the board of management, as the case may be, of a home 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. 15.

Written notice

(15) A committee of management or a board of management, as the case may be, that withholds approval for the admission of a person to a home 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 committee or board, as the case may be, is withholding approval and a detailed explanation of the supporting facts. 1993, c. 2, s. 15.

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 a home; or

(b) the placement co-ordinator determines that the applicant is eligible for admission to a home but does not authorize their immediate admission. 1993, c. 2, s. 15.

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 a municipality maintaining and operating a home, any of the municipalities maintaining and operating a joint home, a committee of management of a home or a board of management of a home, the Director may direct the placement co-ordinator designated for the home or joint home, as the case may be, under subsection (3) to cease authorizing admissions to the home or joint home, as the case may be, for such period of time and subject to such conditions as the Director specifies. 1993, c. 2, s. 15.

Compliance with direction

(18) A placement co-ordinator shall comply with a direction issued under subsection (17). 1993, c. 2, s. 15.

Information to be given

18.1 (1) A placement co-ordinator who authorizes a person’s admission to a home or joint home, as the case may be, shall give to the municipality maintaining and operating the home, to the municipalities maintaining and operating the joint home or to the board of management of the home, as the case may be, 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 municipality, the municipalities or the board of management, as the case may be, 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 home or joint home, as the case may be, on behalf of the person whose admission is authorized. 1993, c. 2, s. 15.

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 home or joint home, as the case may be, on behalf of the person whose admission is authorized. 1993, c. 2, s. 15.

Immunity

19. (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. 15.

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. 15.

Review of determination of ineligibility

Notice of determination

19.1 (1) If a placement co-ordinator determines that an applicant for a determination respecting eligibility for admission to a home 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. 15.

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. 15.

Hearing

19.2 (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. 15.

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. 15.

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. 15.

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. 15.

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. 15.

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. 15.

(7), (8) Repealed: 1998, c. 18, Sched. G, s. 57 (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. 15.

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. 15.

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. 15.

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. 15.

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. 57 (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 redetermination 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 a home. 1993, c. 2, s. 15.

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. 15.

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. 15.

19.3 Repealed: 1998, c. 18, Sched. G, s. 57 (4).

Appeal to Divisional Court

19.4 (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. 15.

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. 15.

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. 15.

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 a home. 1993, c. 2, s. 15.

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. 15.

Plan of care

19.5 A municipality maintaining and operating a home, the municipalities maintaining and operating a joint home and the board of management of a home shall ensure that,

(a) the requirements of each resident of the home or joint home, as the case may be, 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. 15; 1996, c. 2, s. 68 (2).

Quality management

19.6 A municipality maintaining and operating a home, the municipalities maintaining and operating a joint home and the board of management of a home 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 or joint home, as the case may be. 1993, c. 2, s. 15.

20. Repealed: 1993, c. 2, s. 16.

Inspection

21. (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. 17; 2004, c. 3, Sched. A, s. 87 (2).

Inspection of homes

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

(a) may at all reasonable times enter and inspect a home; and

(b) may, if he or she has reasonable grounds to believe that records or other things pertaining to a home 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. 17.

Dwellings

(3) No inspector shall enter a place that is not in a home and that is being used as a dwelling, except with the consent of the occupier of the place. 1993, c. 2, s. 17.

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. 17.

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 a municipality maintaining and operating the home or of the board of management of the home, as the case may be, 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. 17.

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. 17.

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. 17.

Making things available

(8) At the request of a municipality maintaining and operating the home or at the request of the board of management of 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 municipality or board of management, as the case may be, at a mutually convenient time and place. 1993, c. 2, s. 17.

Samples

(9) Subsections (7) and (8) do not apply to samples removed by the inspector. 1993, c. 2, s. 17.

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. 17.

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. 17.

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. 17.

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. 17.

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. 10 (1).

Same, 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. 10 (1).

Compensation or restitution

(14.2) 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. 10 (1).

No limitation

(14.3) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section. 2002, c. 18, Sched. I, s. 10 (1).

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 each municipality maintaining and operating the home or to the board of management of the home, as the case may be. 1993, c. 2, s. 17.

Warrant

21.1 (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 21 (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 21 (2) or has been prevented from exercising a power under subsection 21 (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 21 (2) or will be prevented from exercising a power under subsection 21 (5). 1993, c. 2, s. 17.

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. 17.

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. 17.

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. 17.

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. 17.

Other matters

(6) Subsections 21 (4) and 21 (6) to (15) apply with necessary modifications to an inspector executing a warrant issued under this section. 1993, c. 2, s. 17.

Personal information

21.2 (1) For the purpose of complying with sections 21 and 21.1, a head and an institution are authorized to disclose personal information to an inspector. 1993, c. 2, s. 17.

Definitions

(2) In this section,

“head”, “institution” and “personal information” have the same meaning as in the Municipal Freedom of Information and Protection of Privacy Act. 1993, c. 2, s. 17.

Protection from personal liability

21.3 (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. 17.

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. 17.

Protection from reprisals

21.4 (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. 17.

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. 17.

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. 10 (2).

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. 10 (2).

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. 10 (2).

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. 10 (2).

Affidavits

22. The following are commissioners 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:

1. A regional welfare administrator, as defined in the General Welfare Assistance Act.

2. 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. 1993, c. 2, s. 18.

23. Repealed: 1993, c. 2, s. 19.

Miscellaneous financial

24. (1)-(3) Repealed: 1997, c. 29, s. 58 (1).

Maintenance of homes in districts

(4) The cost of maintaining a home established under section 6 or maintained and operated under an agreement with the Minister pursuant to section 10 shall be defrayed in each year by the municipalities in the territorial district in accordance with the regulations under section 321 of the Municipal Act, 2001. R.S.O. 1990, c. H.13, s. 24 (4); 1997, c. 29, s. 58 (2); 2002, c. 17, Sched. F, Table.

Estimates and apportionment

(5) The board of management of a home established under section 6 or maintained and operated under an agreement with the Minister pursuant to section 10 shall in each year apportion the amount that it estimates will be required to defray its expenditures for that year among the municipalities in the district, and shall on or before the 25th day of February notify the clerk of each municipality of the amount to be provided by that municipality. R.S.O. 1990, c. H.13, s. 24 (5).

Operating reserve

(6) In preparing the estimates, the board may provide for a reserve for working funds, but the amount of the reserve in a year shall not exceed 15 per cent of the total estimates of the board for the year. R.S.O. 1990, c. H.13, s. 24 (6).

Levy and collection

(7) Each such municipality shall include the amount required to be provided by it under this section in its estimates for the then current year and shall levy and collect the amount in like manner as taxes and pay the amount to the board of management on demand. R.S.O. 1990, c. H.13, s. 24 (7).

(8), (9) Repealed: 1997, c. 29, s. 58 (3).

Power of district homes to borrow for current expenditures

(10) Subject to subsection (11), the board of management of a home established under section 6 or maintained and operated under an agreement with the Minister pursuant to section 10 may borrow from time to time by way of a promissory note such sums as the board considers necessary to meet the current expenditures of the board until the current revenue is received. R.S.O. 1990, c. H.13, s. 24 (10).

Maximum borrowings

(11) The amount that may be borrowed at any one time for the purpose mentioned in subsection (10) together with the total of any similar borrowings that have not been repaid shall not exceed 25 per cent of the estimated current revenue of the board for the year. R.S.O. 1990, c. H.13, s. 24 (11).

Idem

(12) Until the estimates of the board for the current year under this section have been determined, the limitation upon borrowing prescribed in subsection (11) shall be temporarily calculated upon 25 per cent of the estimates for the board determined for the next preceding year. R.S.O. 1990, c. H.13, s. 24 (12).

Capital cost of homes in districts

25. (1) The cost of establishing a new home under section 6 in a district or of an alteration, renovation or addition to or extension of an existing home established under that section or a home maintained and operated under an agreement with the Minister pursuant to section 10 shall be defrayed by the municipalities in the district in accordance with the regulations under section 374 of the Municipal Act. R.S.O. 1990, c. H.13, s. 25 (1); 1997, c. 29, s. 58 (4).

Provincial subsidy

(2) To assist in defraying the cost of establishing such new home or the alteration, renovation or addition to or extension of such existing home, the Minister may direct payment out of the money appropriated therefor by the Legislature of an amount determined in accordance with the regulations and based upon the proportion of such cost that is allocated to the unorganized parts of the territorial district in which the home is established. R.S.O. 1990, c. H.13, s. 25 (2).

Apportionment

(3) The board of management shall apportion the amount that it estimates will be required to establish the new home or the alteration, renovation or addition to or extension of the existing home among the municipalities in the district and shall notify the clerk of each such municipality of the amount to be provided by that municipality. R.S.O. 1990, c. H.13, s. 25 (3).

Raising of funds

(4) Each such municipality shall, within ninety days after receipt of the notice, determine the method it will use in raising the amount required to be provided by it, and shall take such steps as are necessary to carry the determination into effect and shall raise the amount and pay it over to the board of management of the home. R.S.O. 1990, c. H.13, s. 25 (4).

Alternative method of raising funds

26. (1) The council of two or more of the municipalities in the territorial district may agree to,

(a) authorize one of the municipalities in the district to raise the whole amount required by the issue of its debentures; or

(b) authorize two or more of the municipalities in the district to raise the whole amount required by the issue of their debentures, each raising part as the councils agree. 1996, c. 32, s. 72 (2).

Same

(1.1) The municipality or municipalities shall raise the amount required in accordance with the agreement and shall pay the proceeds to the board of management of the home. 1996, c. 32, s. 72 (2).

Same

(1.2) Subsection 25 (4) does not apply in the case of an agreement under this section. 1996, c. 32, s. 72 (2).

Apportionment of carrying charges

(2) Where debentures are issued to provide the whole amount required as provided in subsection (1), the board of management shall in each year during the currency of the debentures apportion the amount that will be required in that year to pay the amounts of principal and interest on the debentures among the municipalities in the district in accordance with the regulations under section 321 of the Municipal Act, 2001, and shall include the amount to be provided by each such municipality as a separate item in its estimates submitted to the clerk of the municipality under subsection 24 (5), and in such case subsection (7) of that section applies. R.S.O. 1990, c. H.13, s. 26 (2); 1997, c. 29, s. 58 (5); 2002, c. 17, Sched. F, Table.

Distribution of carrying charges

(3) The board of management shall in each year distribute the money received under subsection (2) to the municipality that issued the debentures or, where two or more municipalities issued the debentures, to such municipalities in the same proportion as the amount raised by each such municipality bore to the total amount raised. R.S.O. 1990, c. H.13, s. 26 (3).

Provincial subsidy on capital expenditures

27. (1) When the site and plans of a building to be acquired, erected or altered for use as a home or joint home have been approved by the Minister under subsection 14 (1), or when such other capital expenditures as are prescribed by the regulations are incurred in connection with the home or joint home, the Minister may direct payment to the municipality or municipalities or to the band or bands or to the board of management, as the case may be, acquiring, erecting or altering the building or incurring the capital expenditures, of an amount computed in accordance with the regulations not exceeding 50 per cent of the cost thereof or such higher percentage as the regulations prescribe. R.S.O. 1990, c. H.13, s. 27 (1).

Idem

(2) Where a home is established and maintained under section 6, or is maintained and operated under an agreement with the Minister pursuant to section 10 in addition to the amount payable under subsection (1), the Minister may direct payment to the board of management of the proportion that is allocated by the regulations to the unorganized parts of the territorial district of the capital expenditure in respect of which a payment has not been made under subsection 25 (2). R.S.O. 1990, c. H.13, s. 27 (2).

When payable

(3) Payments under subsection (1) in respect of the erection of a new building or the alteration, renovation or addition to or extension of an existing building may be made either when the new building or the alteration, renovation, addition or extension, as the case may be, is completed and the building is ready for occupancy, or from time to time before completion thereof in the manner prescribed by the regulations. R.S.O. 1990, c. H.13, s. 27 (3).

What to be included and excluded in computing cost

(4) In computing the amount of the cost of the new building, or the alteration, renovation or addition to or extension of an existing building for the purposes of subsection (1), the cost of equipment and furnishings may be included. R.S.O. 1990, c. H.13, s. 27 (4).

Operating subsidy

28. (1) Payments shall be made in accordance with the regulations, out of money appropriated by the Legislature, to a municipality maintaining and operating a home, to the municipalities maintaining and operating a joint home or to a board of management of a home, to assist in defraying the maintenance and operating costs incurred or to be incurred by the municipality, the municipalities or the board of management, as the case may be, in providing accommodation, care, services, programs and goods to residents of the home or joint home, as the case may be. 1993, c. 2, s. 20.

Service agreement

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

(a) the municipality, each of the municipalities or the board of management, as the case may be, receiving the payment is a party to a service agreement with the Crown in right of Ontario that relates to the home or joint home, as the case may be; and

(b) the service agreement complies with this Act and the regulations. 1993, c. 2, s. 20.

Reduction or refusal of subsidy

(3) Payments under subsection (1) may be reduced or withheld if the municipality maintaining and operating the home, any of the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, has breached the service agreement with the Crown relating to the home or joint home, as the case may be. 1993, c. 2, s. 20.

Additional grants

29. (1) The Minister may, out of money appropriated by the Legislature, make a grant to a municipality maintaining and operating a home, to the municipalities maintaining and operating a joint home or to a board of management of a home, to assist in defraying the costs incurred or to be incurred by the municipality, the municipalities or the board of management, as the case may be, as a result of the occurrence of an extraordinary event prescribed by the regulations. 1993, c. 2, s. 20.

Conditions

(2) The Minister may impose conditions on a grant made under subsection (1). 1993, c. 2, s. 20.

Service agreement

30. (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. 20.

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. 20.

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. 20.

Power of municipality

(4) A municipality has the power to enter into a service agreement with the Crown in right of Ontario for the purposes of this Act. 1993, c. 2, s. 20.

Excessive charges prohibited

30.1 (1) No municipality maintaining and operating a home, none of the municipalities maintaining and operating a joint home and no board of management of a home shall demand or accept or cause or permit anyone to demand or accept on its behalf payment from or on behalf of a resident of the home or joint home, as the case may be, 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;

(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 or joint home as items for which residents may be charged, the amount determined in accordance with the service agreement; or

(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 municipality, the municipalities or the board of management, as the case may be, the amount determined in accordance with the written agreement. 1993, c. 2, s. 20.

No charge permitted

(2) No municipality maintaining and operating a home, none of the municipalities maintaining and operating a joint home and no board of management of a home shall demand or accept or cause or permit anyone to demand or accept on its behalf payment from or on behalf of a resident of the home or joint home, as the case may be,

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

(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

(c) for care, services, programs or goods that are not mentioned in subsection (1). 1993, c. 2, s. 20.

Resident responsible for payments for accommodation

30.2 (1) A resident is responsible for the payment of those amounts demanded in accordance with section 30.1, by a municipality maintaining and operating a home, by municipalities maintaining and operating a joint home or by a board of management of a home, for accommodation. 1993, c. 2, s. 20.

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 30.1 (1). 1993, c. 2, s. 20.

Recovery of certain payments

Recovery of charge when item not provided

30.3 (1) If a payment for accommodation, care, services, programs or goods is accepted by or on behalf of a municipality maintaining and operating a home, any of the municipalities maintaining and operating a joint home or a board of management of a home from or on behalf of a resident of the home or joint home, as the case may be, 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 municipality, the municipalities or the board of management, as the case may be; and

(b) pay the amount deducted to the person from whom the payment was accepted. 1993, c. 2, s. 20.

Recovery of excessive charge

(2) If a payment for accommodation, care, services, programs or goods is accepted by or on behalf of a municipality maintaining and operating a home, any of the municipalities maintaining and operating a joint home or a board of management of a home from or on behalf of a resident of the home or joint home, as the case may be, the item paid for has been provided to the resident and the payment exceeds the amount permitted to be charged under section 30.1, the Minister may,

(a) deduct the excess from payments owing by the Crown to the municipality, the municipalities or the board of management, as the case may be; and

(b) pay the amount deducted to the person from whom the excessive payment was accepted. 1993, c. 2, s. 20.

Recovery when item inadequately provided

(3) If a payment for accommodation, care, services, programs or goods is accepted by or on behalf of a municipality maintaining and operating a home, any of the municipalities maintaining and operating a joint home or a board of management of a home from or on behalf of a resident of the home or joint home, as the case may be, 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 municipality, the municipalities or the board of management, as the case may be; and

(b) pay the amount deducted to the person from whom the payment was accepted. 1993, c. 2, s. 20.

Notice

30.4 (1) A municipality maintaining and operating a home, the municipalities maintaining and operating a joint home and the board of management of a home shall give to the persons mentioned in subsection (1.1) a written notice,

(a) setting out the rights of the resident under subsection 1.1 (2) and stating that the municipality, each of the municipalities or the board of management, as the case may be, is obliged to respect and promote those rights;

(b) describing the accommodation, care, services, programs and goods that the municipality, each of the municipalities or the board of management, as the case may be, is required to provide or offer under this Act and under the service agreement relating to the home or joint home;

(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 or joint home, the conduct of the staff of the home or joint home or the treatment or care received by the resident in the home or joint home; and

(e) setting out such other matters as are prescribed by the regulations. 1993, c. 2, s. 20; 1996, c. 2, s. 68 (3, 4).

Same

(1.1) The notice must be given to,

(a) each resident of the home or joint home, as the case may be;

(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. 68 (5).

Obligations re plan of care

(2) If a request is made in accordance with clause (1) (c), the municipality, the municipalities or the board of management 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. 20.

Posting of information

30.5 A municipality maintaining and operating a home, the municipalities maintaining and operating a joint home and the board of management of a home shall post in the home or joint home, as the case may be,

(a) a copy of section 1.1;

(b) a copy of the service agreement relating to the home or joint home, as the case may be;

(c) a copy of the most recent inspection report relating to the home or joint home, as the case may be, received by the municipality, the municipalities or the board of management, as the case may be, under subsection 21 (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. 20.

Residents’ council

30.6 (1) If a request for the establishment of a residents’ council is made to the administrator of a home or joint home by at least three persons, each of whom is a person mentioned in subsection (2),

(a) the administrator shall promptly notify the Director of the request;

(b) the administrator shall promptly notify the municipality maintaining and operating the home, the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, of the request; and

(c) the municipality, the municipalities or the board of management, as the case may be, 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. 20.

Request for residents’ council

(2) For the purpose of subsection (1), the following persons may request the establishment of a residents’ council for a home or joint home:

1. A resident of the home or joint home, as the case may be.

2. If a resident of the home or joint home, as the case may be, is mentally incapable, any of his or her substitute decision-makers. 1993, c. 2, s. 20; 1996, c. 2, s. 68 (6).

Right to be a member

(3) Subject to subsection (4), the following persons are entitled to be members of the residents’ council of a home or joint home:

1. A resident of the home or joint home, as the case may be.

2. If a resident of the home or joint home, as the case may be, 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. 20; 1996, c. 2, s. 68 (7).

Who may not be a member

(4) The following persons may not be members of the residents’ council of a home or joint home:

1. A member of the council of the municipality maintaining and operating the home, a member of a council of any of the municipalities maintaining and operating the joint home or a member of the board of management of the home, as the case may be.

2. The administrator of the home or joint home, as the case may be.

3. A member of the staff of the home or joint home, as the case may be.

4. Any other person who is responsible for the operation of the home and who is employed by the municipality maintaining and operating the home, by any of the municipalities maintaining and operating the joint home or by the board of management of the home, as the case may be. 1993, c. 2, s. 20.

Appointment by Minister

(5) 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. 20.

Same

(6) Only a person who lives in the area in which the home or joint home 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 (5). 1993, c. 2, s. 20.

Meeting

30.7 (1) Unless a home or joint home has a residents’ council, the municipality maintaining and operating the home, the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, 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 or joint home, as the case may be.

2. In the case of residents who are mentally incapable, their substitute decision-makers. 1996, c. 2, s. 68 (8).

Results of meeting

(2) Within thirty days after the meeting, the municipality, the municipalities or the board of management, as the case may be, shall notify the Director of the results of the meeting. 1993, c. 2, s. 20.

Powers of residents’ council

30.8 It is the function of a residents’ council of a home or joint home, and the council has the power, to,

(a) advise residents of the home or joint home, as the case may be, respecting their rights and obligations under this Act;

(b) advise residents of the home or joint home, as the case may be, respecting the rights and obligations of the municipality maintaining and operating the home, the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, under this Act and under the service agreement relating to the home or joint home, as the case may be;

(c) meet regularly with representatives of the municipality, representatives of the municipalities or representatives of the board of management, as the case may be, to,

(i) review inspection reports relating to the home or joint home, as the case may be, received by the municipality, the municipalities or the board of management, as the case may be, under subsection 21 (15),

(ii) review the allocation of money for accommodation, care, services, programs and goods provided in the home or joint home, as the case may be,

(iii) review the financial statements relating to the home or joint home, as the case may be, filed with the Minister under the regulations, and

(iv) review the operation of the home or joint home, as the case may be;

(d) attempt to mediate and resolve a dispute between a resident of the home or joint home, as the case may be, and the municipality maintaining and operating the home, the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be; 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. 20.

Residents’ council assistant

30.9 (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. 20.

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. 20.

Information and assistance

30.10 (1) A municipality maintaining and operating a home, the municipalities maintaining and operating a joint home and the board of management of a home 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. 20.

Obstruction

(2) No person shall refuse entry to a home or joint home 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. 20.

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. 10 (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. 10 (3).

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. 10 (3).

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. 10 (3).

Immunity

30.11 No proceeding shall be commenced against a member of a residents’ council or a residents’ council assistant for any act done under section 30.8, unless the act is done maliciously or without reasonable grounds. 1993, c. 2, s. 20.

Minister may take control with consent

30.12 The Minister may take control of, operate and manage a home or joint home if the municipality maintaining and operating the home, each of the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, consents to the Minister so acting. 1994, c. 26, s. 73 (4).

Minister may take control if reasonable grounds

30.13 (1) Subject to subsections (2) to (7), the Minister may take control of, operate and manage a home or joint home if the Minister believes on reasonable grounds that,

(a) the physical state of the home or joint home or the manner of operation of the home or joint 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 or joint 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. 73 (4).

Hearing

(2) Unless the municipality maintaining and operating the home, each of the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, has consented to the exercise of the Minister’s power under subsection (1), the Minister, before exercising the power, shall cause a hearing to be held to determine whether the power should be exercised. 1994, c. 26, s. 73 (4).

Person conducting hearing

(3) The Minister shall appoint a person who is not an employee of the Ministry of Health to conduct the hearing. 1994, c. 26, s. 73 (4).

Procedure

(4) Sections 17, 18, 19 and 20 of the Statutory Powers Procedure Act do not apply to a hearing under this section. 1994, c. 26, s. 73 (4).

Report to Minister

(5) The person conducting the hearing under this section shall give the Minister a report setting out,

(a) recommendations as to the carrying out of the proposal;

(b) the findings of fact, the information and the knowledge used in making the recommendations; and

(c) the conclusions of law arrived at that are relevant to the recommendations. 1994, c. 26, s. 73 (4).

Copy of report

(6) The person conducting the hearing under this section shall give a copy of the report to the municipality maintaining and operating the home, each of the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be. 1994, c. 26, s. 73 (4).

Minister’s decision

(7) After considering a report provided under subsection (5), the Minister may exercise the power under subsection (1) and shall give the municipality maintaining and operating the home, the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, written notice of his or her decision respecting the exercise of the power together with written reasons for the decision. 1994, c. 26, s. 73 (4).

Provisional exercise of power without hearing

30.14 (1) Despite section 30.13, on notice to the municipality maintaining and operating the home, the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, the Minister may provisionally exercise the power under subsection 30.13 (1) 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. 73 (4).

Content of notice

(2) The notice to the municipality, municipalities or board of management under subsection (1) 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. 73 (4).

Continuation of exercise of power

(3) As soon as possible after a power is exercised under subsection (1), the procedure set out in subsections 30.13 (2) to (7) shall be followed to determine whether the power should continue to be exercised. 1994, c. 26, s. 73 (4).

Powers of Minister

30.15 (1) In exercising the power under section 30.12 or 30.13 with respect to a home or joint home, the Minister has all the powers of the municipality that maintained and operated the home, the municipalities that maintained and operated the joint home or the board of management of the home, as the case may be. 1994, c. 26, s. 73 (4).

Occupation of premises

(2) Without limiting the generality of subsection (1), the Minister,

(a) despite sections 25 and 39 of the Expropriations Act, may immediately occupy, operate and manage the home or joint home 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 or joint home. 1994, c. 26, s. 73 (4).

Maximum period

(3) The Minister shall not occupy, operate or manage a home or joint home, 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 municipality that maintained and operated the home, the municipalities that maintained and operated the joint home or the board of management of the home, as the case may be. 1994, c. 26, s. 73 (4).

Authorization of L.G. in C.

(4) Despite subsection (3), the Minister may occupy, operate and manage a home or joint home, or arrange for it to be occupied, operated and managed by a person or entity designated by the Minister, for a period exceeding one year if the Lieutenant Governor in Council so authorizes, and the Lieutenant Governor in Council may authorize an extension of the period from time to time. 1994, c. 26, s. 73 (4).

Regulations

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

1. prescribing the location, site, size, design and construction of buildings used or to be acquired, erected or altered for use as homes or joint homes or any class thereof and the facilities and equipment to be provided therein;

2. governing the treatment, care and discharge of residents of homes and joint homes;

3. 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 homes and joint homes in connection with determinations respecting eligibility for admission, authorization of admission, discharge and amounts which residents may be charged;

4. prescribing the staff requirements of homes and joint homes and governing the appointment of members of the staffs of homes and joint homes;

5. governing the qualifications of administrators and members of staffs of homes and joint homes and prescribing their powers and duties;

6. requiring the bonding of administrators and other employees or classes of employees of homes and joint homes 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;

7. prescribing the classes of persons who are in need of long-term maintenance and supervision in rest homes;

8. prescribing additional duties of the Director and of inspectors;

9. prescribing rules governing homes and joint homes, the residents therein and the staffs thereof;

10. requiring that municipalities and boards of management keep records and accounts for homes and joint homes 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 municipalities and boards of management furnish such information or accounts as the Minister may require;

11. prescribing procedures for selecting and evaluating the site for a home or joint home 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 13;

12. prescribing procedures for the development and preparation of plans for sites and buildings and the information to be contained in such plans;

13. requiring municipalities and boards of management to provide or offer certain types of accommodation, care, services, programs and goods to residents of homes and joint homes, and prescribing and governing the accommodation, care, services, programs and goods that must be provided or offered;

14. requiring and governing the assessment and classification of residents of homes and joint homes for the purpose of determining the level of care required by each resident;

15. requiring that parts of the bed capacity of homes and joint homes be set aside for various classes of accommodation, and regulating the amount of bed capacity that must be set aside for each class;

16. providing for the terms and conditions of trust in addition to any terms and conditions of any agreement entered into under section 11, upon which a municipality or board of management operating a home or joint home may receive and hold property of a resident in the home or joint home;

17. requiring and governing in-service training programs for members of staffs of homes and joint homes;

18. defining “accommodation”, “basic accommodation”, “preferred accommodation” and “short-stay program” for the purpose of any provision of this Act or the regulations;

19. 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 30.1 (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;

20. designating care, services, programs and goods for the purpose of clause 30.1 (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 30.1 (1) (c) for each item so designated;

21. Repealed: 1993, c. 2, s. 21 (6).

22. Repealed: 1993, c. 2, s. 21 (6).

23. prescribing the manner of computing the proportion of costs in respect of homes established and maintained under section 6 and homes maintained and operated under an agreement with the Minister pursuant to section 10 that shall be allocated to the unorganized parts of territorial districts for the purposes of sections 25 and 27;

24. prescribing capital expenditures and the manner of computing the amount of grants for the purposes of subsection 27 (1) and prescribing classes of payments and the method, time and manner of payment under subsection 27 (3);

25. governing the manner of determining the amounts of the payments required to be made under section 28 and the method and time of payment;

26. instituting a system for reconciling the payments made by the Crown under section 28 on account of the maintenance and operating costs of a home or joint home with the actual maintenance and operating costs of the home or joint home, including,

i. requiring the municipality maintaining and operating the home, the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, to provide, at specified intervals, audited financial statements, proof of maintenance and operating costs, information about the level of occupancy of the home or joint home, as the case may be, and other documents and information,

ii. requiring that the information provided by the municipality, the municipalities or the board of management, as the case may be, 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 municipality, municipalities or board of management, as the case may be;

27. prescribing the extraordinary events in respect of which the Minister may make additional grants under section 29;

28. 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;

29. prescribing the composition of a committee of management, the qualifications and terms of office of the members thereof for the purposes of section 8;

30. providing for the division of each district into areas, the appointment of members of boards of management under section 9, representing the areas to each board having regard to the proportionate distribution amongst the areas of population and assessment of rateable property and providing for the further appointment by the Lieutenant Governor in Council of members at large to the boards of management, prescribing the qualifications for appointment, fixing the number of members for each board and the terms of office of such members and requiring the chair of boards of management to change hands at prescribed intervals;

31. Repealed: 1997, c. 15, s. 8 (3).

32. governing applications to placement co-ordinators for a determination regarding a person’s eligibility for admission to a home or joint home or for authorization of a person’s admission to a home or joint home, including prescribing the placement co-ordinators to whom applications may be made and the frequency with which applications may be made;

33. governing the determination of a person’s eligibility for admission to a home or joint home and the determination of whether to authorize a person’s admission to a home or joint home;

34. prescribing, for the purpose of clause 18 (14) (c), additional circumstances which are grounds for a committee of management or a board of management to withhold approval for the admission of a person to a home or joint home;

35. prescribing and governing the obligations of a committee of management and a board of management in relation to giving or withholding approval for the admission of a person to a home or joint home, and governing the written notice required to be given under subsection 18 (15);

35.1 prescribing and governing the obligations of placement co-ordinators and others in relation to ensuring that persons seeking admission to a home or joint home 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;

35.2 governing the transfer of information among those involved in the process of providing persons with information about their rights;

35.3 regulating the timing of the authorization of a person’s admission to a home or joint home, 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;

36. requiring that placement co-ordinators have certain qualifications or meet certain requirements and prescribing such qualifications or requirements;

37. governing the posting of documents and information under section 30.5, prescribing the financial statements, reports and returns that must be posted and prescribing additional documents and information that must be posted;

38. governing short-stay programs in homes and joint homes;

39. governing plans of care, including their content, development, implementation and revision;

40. governing the quality management system to be developed and implemented for monitoring, evaluating and improving the quality of the accommodation, care, services, programs and goods provided to residents of homes and joint homes;

41. governing the notice required to be provided under section 30.4, including prescribing additional matters which must be set out in the notice;

42. governing inspection reports;

43. respecting the establishment and conduct of residents’ councils;

44. respecting the financial and other information and the assistance that a municipality and a board of management must give to a residents’ council and a residents’ council assistant;

45. respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. H.13, s. 31 (1); 1993, c. 2, s. 21 (1-8); 1996, c. 2, s. 68 (9); 1997, c. 15, s. 8 (3); 1997, c. 29, s. 58 (6).

Division of territorial districts

(2) The Lieutenant Governor in Council may divide any territorial district into two parts for the purposes of this Act, in which event each of such parts shall be deemed to constitute a territorial district for the purposes of this Act. R.S.O. 1990, c. H.13, s. 31 (2).

Retroactivity

(3) A regulation is, if it so provides, effective with reference to a period before it is filed. 1993, c. 2, s. 21 (9).

Application

(4) A regulation may be general or particular in its application. 1993, c. 2, s. 21 (9).

Forms

32. The Minister may require that forms approved by the Minister be used for any purpose of this Act. 1997, c. 15, s. 8 (4).

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