Minister may take control
11.1 (1) The Minister may take control of, operate and manage an approved charitable home for the aged if, (a) an approval under this Act in respect of the home or the approved corporation maintaining and operating the home is suspended or revoked; or (b) the approved corporation maintaining and operating the home consents to the Minister taking control of, operating and managing the home. 1994, c. 26, s. 70 (3). Same (2) Subject to subsection (3), the Minister may take control of, operate and manage an approved charitable home for the aged if the Minister believes on reasonable grounds that, (a) the physical state of the home or the manner of operation of the home is causing or is likely to cause harm to or an adverse effect on the health of a person or impairment of the safety of a person; or (b) the home is not being or is not likely to be operated with competence, honesty, integrity and concern for the health, safety and well-being of its residents. 1994, c. 26, s. 70 (3). Subss. 11 (2) to (5) apply (3) Subsections 11 (2) to (5) apply with necessary modifications to the exercise of the Minister’s power under subsection (2). 1994, c. 26, s. 70 (3). Provisional exercise of power without hearing (4) Despite subsection (3), on notice to the approved corporation maintaining and operating the approved charitable home for the aged, the Minister may provisionally exercise the power under subsection (2) without a hearing if, in the Minister’s opinion, it is necessary to do so to avert an immediate threat to a person’s health, safety or well-being. 1994, c. 26, s. 70 (3). Content of notice (5) The notice to the approved corporation under subsection (4) shall set out, (a) the Minister’s opinion on which the provisional exercise of the power is based; and (b) the reasons for the Minister’s opinion. 1994, c. 26, s. 70 (3). Continuation of exercise of power (6) As soon as possible after a power is exercised under subsection (4), the procedure set out in subsections 11 (2) to (5) shall be followed with necessary modifications to determine whether the power should continue to be exercised. 1994, c. 26, s. 70 (3). Minister has powers of approved corporation (7) In exercising the power under subsection (1) or (2) with respect to an approved charitable home for the aged, the Minister has all the powers that the approved corporation had when it operated the home. 1994, c. 26, s. 70 (3). Occupation of premises (8) Without limiting the generality of subsection (7), the Minister, (a) despite sections 25 and 39 of the Expropriations Act, may immediately occupy, operate and manage the approved charitable home for the aged or arrange for it to be occupied, operated and managed by a person or entity designated by the Minister; and (b) may apply without notice to the Superior Court of Justice for an order directing the sheriff to assist the Minister or the person or entity designated by the Minister in occupying the home. 1994, c. 26, s. 70 (3); 2006, c. 19, Sched. C, s. 1 (1). Maximum period (9) The Minister shall not occupy, operate or manage an approved charitable home for the aged, or arrange for it to be occupied, operated or managed by a person or entity designated by the Minister, for a period exceeding one year without the consent of the approved corporation that maintained and operated the home or the authorization of the Lieutenant Governor in Council, and the Lieutenant Governor in Council may from time to time authorize an extension of the period. 1994, c. 26, s. 70 (3).