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; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 27 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 46 (17) and the following substituted: 27. prescribing the terms and conditions of funding provided under section 28; See: 2006, c. 4, ss. 46 (17), 55 (2). 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; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 28 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 46 (17) and the following substituted: 28. governing how funding in section 28 is to be determined or the circumstances or requirements that must be met as conditions for receiving funding; See: 2006, c. 4, ss. 46 (17), 55 (2). 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).