7 (1) A person who is operating a health facility on and before the day the facility is designated as an independent health facility under clause 4 (2) (b) may apply to the Director for a licence to operate the health facility as an independent health facility.  1996, c. 1, Sched. F, s. 24. Same (2) If a service is provided in a health facility on and before the day that the service is designated under clause 4 (2) (a), the operator of the facility may apply to the Director for a licence to operate the facility as an independent health facility.  1996, c. 1, Sched. F, s. 24. Same (3) If a service is provided in a health facility on and before the day a regulation made under this Act or under the Health Insurance Act comes into force with the result that a facility fee may not be charged or paid for the service unless charged or paid in accordance with this Act, the operator of that facility may apply to the Director for a licence to operate the health facility as an independent health facility.  1996, c. 1, Sched. F, s. 24. Time of application (4) An application under subsection (1), (2) or (3) shall be made within one year of the day a designation referred to in subsection (1) or (2) takes effect or within one year of the day the regulation referred to in subsection (3) comes into force.  1996, c. 1, Sched. F, s. 24. Application (5) Subsections 5 (5) and (6) and sections 6 and 9 apply with necessary modifications to an application for a licence under this section.  1996, c. 1, Sched. F, s. 24. Operation of facility during one-year period (6) Despite subsection 3 (1), a person who is entitled to apply for a licence under subsection (1), (2) or (3) may continue to operate the independent health facility without a licence, (a)  if the person does not apply for a licence at or before the end of the one-year period within which an application under this section must be made, until the end of that period; (b)  if the person applies for a licence at or before the end of the one-year period and the licence is granted, until the day the licence is issued; or (c)  if the person applies for a licence at or before the end of the one-year period and the licence is refused, until the time for requiring a hearing by the Board under section 8.1 expires and, if a hearing is required, until the time for giving notice requiring an appeal from the decision or order of the Board has expired and, if an appeal is required, until the matter in issue has been finally determined.  1996, c. 1, Sched. F, s. 24. Billing patients during one-year period (7) Despite subsections 3 (2) and (3), a person who operates an independent health facility under subsection (6) may charge, or accept payment of, a facility fee for or in respect of services provided in the facility that, (a)  were designated under clause 4 (2) (a); or (b)  are, as a result of the coming into force of a regulation referred to in subsection (3), services for or in respect of which facility fees may not be charged or paid unless charged or paid in accordance with this Act.  1996, c. 1, Sched. F, s. 24. Who to charge (8) A facility fee charged or paid under subsection (7) may be charged to, and payment may be accepted from, any person, unless subsection (9) applies.  1996, c. 1, Sched. F, s. 24. Same (9) A facility fee charged or paid under subsection (7) shall not be charged to, and payment shall not be accepted from, a person other than the Minister or a person prescribed under subsection 3 (3) if, before the day of the designation under clause 4 (2) (a) or (b) or the day the regulation referred to in subsection (3) comes into force, as the case may be, the service was paid for under the Ontario Health Insurance Plan, whether it was paid on a fee for service basis or otherwise.  1996, c. 1, Sched. F, s. 24. Notice that subs. (6) does not apply (10) If the Director has reasonable and probable ground to believe that an independent health facility operated under subsection (6) is being operated or will be operated in a manner that is prejudicial to the health, safety or welfare of any person, the Director may, by written notice, inform the person who operates the facility that subsection (6) no longer applies to the facility and direct the person to cease operating the facility and, if applicable, to cease charging and accepting payment of facility fees effective on the date specified in the notice.  1996, c. 1, Sched. F, s. 24. Application (11) Subsections 8.1 (2) to (6) apply with necessary modification to a notice given under subsection (10).  1996, c. 1, Sched. F, s. 24. No stay of direction (12) Despite section 25 of the Statutory Powers Procedure Act, a request for a hearing by the Board made under clause 8.1 (3) (b), or an appeal to Divisional Court of the Board’s decision under section 22, shall not operate as a stay of a direction to cease operating a facility under subsection (10).  1996, c. 1, Sched. F, s. 24. No interim order (13) Despite section 16.1 of the Statutory Powers Procedure Act, the Board shall not make an interim order to stay a direction to cease operating a facility under subsection (10).  1996, c. 1, Sched. F, s. 24. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 24 - 1/04/1996