Regulations
12. (1) The Lieutenant Governor in Council may make regulations, (a) exempting designated approved corporations or charitable institutions from specified provisions of the Act or the regulations; (b) prescribing classes of approved charitable institutions and specifying classes of persons that may be cared for in each class of institution; (b.1) governing the admission of persons to and their discharge from approved charitable institutions or a class of approved charitable institutions, other than approved charitable homes for the aged, including prescribing the conditions of eligibility for admission and procedures for admission and discharge; (b.2) governing applications to placement co-ordinators for a determination regarding a person’s eligibility for admission to an approved charitable home for the aged or for authorization of a person’s admission to such a home, including prescribing the placement co-ordinators to whom applications may be made and the frequency with which applications may be made; (b.3) governing the determination of a person’s eligibility for admission to an approved charitable home for the aged and the determination of whether to authorize a person’s admission to such a home; (b.4) prescribing, for the purpose of clause 9.6 (14) (c), additional circumstances which are grounds for an approved corporation to withhold approval for the admission of a person to an approved charitable home for the aged; (b.5) prescribing and governing the obligations of an approved corporation in relation to giving or withholding approval for the admission of a person to an approved charitable home for the aged, and governing the written notice required to be given under subsection 9.6 (15); (b.6) requiring that placement co-ordinators have certain qualifications or meet certain requirements and prescribing such qualifications or requirements; (b.7) governing the treatment, care and discharge of residents of approved charitable homes for the aged; (b.8) prescribing and governing the obligations of placement co-ordinators and others in relation to ensuring that persons seeking admission to an approved charitable home for the aged are provided with information about their rights and assistance in exercising their rights, including prescribing, (i) the information or assistance that must be given, (ii) the categories of persons who must be given the information or assistance, (iii) the circumstances in which the information or assistance must be given, (iv) the persons by whom the information or assistance must be given, and (v) the manner and time in which the information or assistance must be given; (b.9) governing the transfer of information among those involved in the process of providing persons with information about their rights; (b.10) regulating the timing of the authorization of a person’s admission to an approved charitable home for the aged, if the person must be provided with information about his or her rights or if the person exercises, or indicates an intention to exercise, any of his or her rights; (c) providing for the collection of information and the making of investigations regarding the financial and other circumstances of residents in or applicants for admission to approved charitable institutions or a class of approved charitable institutions, in connection with determinations respecting eligibility for admission, authorization of admission, discharge and amounts which residents may be charged; (d) prescribing procedures for selecting and evaluating the site for a charitable institution to be erected or acquired by an approved corporation and for conducting a survey of the community and a review of population requirements and the contents of the report to be submitted to the Minister under section 4; (e) prescribing procedures for the development and preparation of plans for sites and buildings and the information to be contained in such plans; (f) prescribing the location, site, size, design and construction of buildings used or to be acquired, erected or altered for use as approved charitable institutions or any class thereof and the facilities and equipment to be provided therein; (g) prescribing rules governing the establishment, maintenance and operation of charitable institutions and the conduct of the persons cared for therein and the staffs thereof; (h) prescribing staff requirements and governing the appointment, qualifications and the powers and duties of administrators and members of the staffs of approved charitable institutions or any class thereof and requiring and governing in-service training programs for members of staffs of any such institutions or class thereof; (i) requiring the bonding of administrators and other employees or classes of employees of approved charitable institutions or any class thereof in such form and terms and with such collateral security as are prescribed and providing for the forfeiture of the bonds and the disposition of the proceeds thereof; (j) requiring approved corporations to provide or offer certain types of accommodation, care, services, programs and goods to residents of approved charitable institutions or a class of approved charitable institutions, and prescribing and governing the accommodation, care, services, programs and goods that must be provided or offered; (j.1) requiring and governing the assessment and classification of residents of approved charitable institutions or any class of approved charitable institutions for the purpose of determining the class or level of care, services, programs or goods required by each resident; (k) requiring that parts of the bed capacity of approved charitable institutions or a class of approved charitable institutions, other than approved charitable homes for the aged, be set aside for residents requiring a specified class or level of care, services, programs or goods, and regulating the amount of bed capacity that must be set aside for each class or level; (k.1) requiring that parts of the bed capacity of approved charitable institutions or a class of approved charitable institutions be set aside for various classes of accommodation, and regulating the amount of bed capacity that must be set aside for each class; (l) prescribing the maximum amounts that may be charged residents of approved charitable institutions or a class of approved charitable institutions, other than approved charitable homes for the aged, in respect of particular classes or levels of care, services, programs or goods; (l.1) defining “personal record”, “accommodation”, “basic accommodation”, “preferred accommodation”, “short-stay program” and “veteran” for the purpose of any provision of this Act or the regulations; (l.2) prescribing the maximum amounts or governing the manner of determining the maximum amounts that may be demanded or accepted from or on behalf of a resident under clauses 9.3 (1) (a) and (b), prescribing the information or proof that is to be provided before a determination is made, requiring that the information provided for the purpose of a determination be provided under oath, and prescribing the persons or other entities who may make the determination; (l.3) designating care, services, programs and goods for the purpose of clause 9.3 (1) (c) and prescribing the maximum amount, or governing the manner of determining the maximum amount, that may be demanded or accepted from or on behalf of a resident under clause 9.3 (1) (c) for each item so designated; (m) providing for the terms and conditions of trust upon which an approved corporation may receive and hold property of a resident in an approved charitable institution maintained and operated by the corporation; (n) governing applications by approved corporations for payments under this Act and prescribing the method, time and manner of payment; (o) prescribing the manner of computing the cost to approved corporations, and prescribing classes of payments and a greater amount per bed in determining the amount of a payment or any class or classes of payment for the purposes of sections 6 and 7; (p) for the purposes of section 8, prescribing the manner of computing the cost of care and maintenance in a charitable institution other than a hostel or an approved charitable home for the aged, and the cost of residential services provided in other than an approved charitable institution, prescribing classes of payments and a higher percentage in respect of the cost for the purpose of determining the amount of a payment or a class or classes of payment, and prescribing the maximum amounts of the cost to which Ontario may contribute; (q) governing the manner of determining the amounts of the payments required to be made under section 9 and the method and time of payment; (r) instituting a system for reconciling the payments made by the Crown under section 9 on account of the maintenance and operating costs of an approved charitable home for the aged with the actual maintenance and operating costs of the home, including, (i) requiring the approved corporation to provide, at specified intervals, audited financial statements, proof of maintenance and operating costs, information about the level of occupancy of the home and other documents and information, (ii) requiring that the information provided by the approved corporation for the purpose of the reconciliation be provided under oath, and (iii) providing for the recovery by the Crown of any excess payment through deduction from subsequent payments to the approved corporation; (s) prescribing the extraordinary events in respect of which the Minister may make additional grants to an approved corporation under section 9.1; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (s) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (22) and the following substituted: (s) prescribing the terms and conditions of funding provided under section 9; See: 2006, c. 4, ss. 43 (22), 55 (2). (s.1) governing service agreements, including prescribing provisions that must be contained in all service agreements and matters that must be provided for in all service agreements; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (s.1) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (22) and the following substituted: (s.1) governing how funding in section 9 is to be determined or the circumstances or requirements that must be met as conditions for receiving funding; See: 2006, c. 4, ss. 43 (22), 55 (2). (t) prescribing rules for determining the amounts to be contributed by any resident or any class of resident in an approved charitable institution other than an approved charitable home for the aged towards the cost of his or her care and maintenance therein; (u) for the purposes of section 8, prescribing the terms and conditions upon which the Director may approve the provision of residential services by or on behalf of an approved corporation in other than an approved charitable institution, the classes or levels of such services, the services, items and amenities to be provided in connection therewith, and the maximum amounts that may be charged persons in receipt of the residential services; (v) requiring that approved corporations keep records and accounts for approved charitable institutions and that they file financial statements, reports and returns with the Minister at specified intervals, prescribing and governing such records, accounts, financial statements, reports and returns, and requiring that approved corporations furnish such information or accounts as the Minister may require; (v.1) governing the posting of documents and information under section 9.18, prescribing the financial statements, reports and returns that must be posted and prescribing additional documents and information that must be posted; (w) providing for the recovery by an approved corporation or the Province of Ontario from a person or his or her estate of any amount paid by the corporation or by the Province of Ontario to the corporation for the cost of the care and maintenance of the person in a charitable institution and prescribing the circumstances and the manner in which any such recovery may be made; (x) prescribing additional duties of provincial supervisors and inspectors; (x.1) governing inspection reports; (y) Repealed: 1997, c. 15, s. 3 (2). (z) governing short-stay programs in approved charitable homes for the aged; (z.1) governing plans of care, including their content, development, implementation and revision; (z.2) governing the quality management system to be developed and implemented by approved corporations for monitoring, evaluating and improving the quality of the accommodation, care, services, programs and goods provided to residents of approved charitable homes for the aged; (z.3) governing the notice required to be provided under section 9.17, including prescribing additional matters which must be set out in the notice; (z.4) respecting the establishment and conduct of residents’ councils; (z.5) respecting the financial and other information and the assistance that an approved corporation must give to a residents’ council and a residents’ council assistant; (z.6) governing the confidentiality and security of personal records, the disclosure of personal records, the retention and disposal of personal records, and access to and correction of personal records, including prescribing the time and manner in which access to personal records must be given and regulating the fees that may be charged for making copies of personal records; (z.7) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. C.9, s. 12; 1993, c. 2, s. 10 (1-12); 1994, c. 26, s. 70 (4, 5); 1996, c. 2, s. 61 (9); 1997, c. 15, s. 3 (2). Retroactivity (2) A regulation is, if it so provides, effective with reference to a period before it is filed. 1993, c. 2, s. 10 (13). Application (3) A regulation may be general or particular in its application. 1993, c. 2, s. 10 (13). Exception (4) A regulation made under clause (1) (z.6) shall not apply to a record of personal health information within the meaning of the Personal Health Information Protection Act, 2004. 2004, c. 3, Sched. A, s. 77 (3). Same (5) Despite subsection (4), a regulation made under clause (1) (z.6) that relates to the security, retention or disposal of a record of personal health information within the meaning of the Personal Health Information Protection Act, 2004 applies to the extent that the regulation is consistent with that Act and the regulations made under it. 2004, c. 3, Sched. A, s. 77 (3).