Regulations
38. (1) The Lieutenant Governor in Council may make such regulations in respect of nursing homes as are considered necessary to carry out the purposes of this Act, and in particular: 1. defining “nursing care”, “personal record”, “accommodation”, “basic accommodation”, “preferred accommodation”, “short-stay program” and “veteran” for the purpose of any provision of this Act or the regulations; 2. requiring licensees to provide or offer certain types of accommodation, care, services, programs and goods to residents, and prescribing and governing the accommodation, care, services, programs and goods that must be provided or offered; 3. requiring and governing the assessment and classification of residents for the purpose of determining the level of care required by residents; 4. Repealed: 1993, c. 2, s. 43 (3). 5. requiring that parts of the licensed bed capacity of nursing homes be set aside for various classes of accommodation, and regulating the amount of bed capacity that must be set aside for each class; 6. governing the construction, establishment, location, safety, equipment, maintenance and repair of and additions or alterations to nursing homes and respecting the information, plans and other material that are to be furnished to the Director; 7. respecting the management and operation of nursing homes; 8. respecting the officers and staff of nursing homes, including prescribing the staff requirements for nursing homes and the duties, responsibilities and qualifications of the officers and staff of nursing homes; 9. requiring the bonding of the chief administrators of nursing homes in such form and terms and with such collateral security as are prescribed and providing for the forfeiture of bonds and the disposition of the proceeds; 10. requiring in-service training programs to be provided staff and employees and governing their form and content; 11. requiring that licensees keep records and accounts for nursing 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 licensees furnish such information or accounts as the Minister may require; 12. governing the posting of documents and information under section 20.17, prescribing the financial statements, reports and returns that must be posted and prescribing additional documents and information that must be posted; 13. Repealed: 1993, c. 2, s. 43 (6). 14. respecting the form and content of requests for proposals for the issuing of nursing home licences; 15. providing for the issuing of licences and prescribing the terms and conditions of licences; 16. respecting and governing the treatment, care, conduct, discipline and discharge of residents of nursing homes; 17. prescribing other duties of inspectors; 18. 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; 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 21 (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 21 (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 21 (1) (c) for each item so designated; 21. Repealed: 1993, c. 2, s. 43 (8). 22. Repealed: 1993, c. 2, s. 43 (8). 23. Repealed: 1993, c. 2, s. 43 (9). 24. respecting the establishment and conduct of residents’ councils; 25. respecting the information, financial information and assistance a licensee shall give to a residents’ council and a residents’ council assistant; 26. Repealed: 1993, c. 2, s. 43 (10). 27. exempting designated nursing homes from specified provisions of this Act or the regulations; 28. Repealed: 1997, c. 15, s. 13 (4). 29. governing applications to placement co-ordinators for a determination regarding a person’s eligibility for admission to a nursing home or for authorization of a person’s admission to a nursing home, including prescribing the placement co-ordinators to whom applications may be made and the frequency with which applications may be made; 30. governing the determination of a person’s eligibility for admission to a nursing home and the determination of whether to authorize a person’s admission to a nursing home; 31. prescribing, for the purpose of clause 20.1 (14) (c), additional circumstances which are grounds for a licensee to withhold approval for the admission of a person to a nursing home; 32. prescribing and governing the obligations of a licensee in relation to giving or withholding approval for the admission of a person to a nursing home, and governing the written notice required to be given under subsection 20.1 (15); 32.1 prescribing and governing the obligations of placement co-ordinators and others in relation to ensuring that persons seeking admission to a nursing 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; 32.2 governing the transfer of information among those involved in the process of providing persons with information about their rights; 32.3 regulating the timing of the authorization of a person’s admission to a nursing 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; 33. requiring that placement co-ordinators have certain qualifications or meet certain requirements and prescribing such qualifications or requirements; 34. governing the manner of determining the amounts of the payments required to be made under section 20.13 and the method and time of payment; 35. instituting a system for reconciling the payments made by the Crown under section 20.13 on account of the maintenance and operating costs of a nursing home with the actual maintenance and operating costs of the nursing home, including, i. requiring the licensee to provide, at specified intervals, audited financial statements, proof of maintenance and operating costs, information about the level of occupancy of the nursing home and other documents and information, ii. requiring that the information provided by the licensee 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 licensee; 36. prescribing the extraordinary events in respect of which the Minister may make additional grants to a licensee under section 20.14; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 36 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 49 (21) and the following substituted: 36. prescribing the terms and conditions of funding provided under section 20.13; See: 2006, c. 4, ss. 49 (21), 55 (2). 37. 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 37 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 49 (21) and the following substituted: 37. governing how funding in section 20.13 is to be determined or the circumstances or requirements that must be met as conditions for receiving funding; See: 2006, c. 4, ss. 49 (21), 55 (2). 38. prescribing the special circumstances in which the Director may authorize an increase of the licensed bed capacity of a nursing home; 39. 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 nursing homes in connection with determinations respecting eligibility for admission, authorization of admission, discharge and amounts which residents may be charged; 40. governing short-stay programs in nursing homes; 41. governing the provision of financial assistance to licensees under section 20.12; 42. governing plans of care, including their content, development, implementation and revision; 43. governing the quality management system to be developed and implemented by licensees for monitoring, evaluating and improving the quality of the accommodation, care, services, programs and goods provided to residents of nursing homes; 44. governing the notice required to be provided under section 20.16, including prescribing additional matters which must be set out in the notice; 45. governing inspection reports. R.S.O. 1990, c. N.7, s. 38; 1993, c. 2, s. 43 (1-11); 1994, c. 26, s. 75; 1996, c. 2, s. 74 (9); 1997, c. 15, s. 13 (3, 4). Retroactivity (2) A regulation is, if it so provides, effective with reference to a period before it is filed. 1993, c. 2, s. 43 (12). Application (3) A regulation may be general or particular in its application. 1993, c. 2, s. 43 (12). Exception (4) A regulation made under paragraph 18 of subsection (1) 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. 92 (3). Same (5) Despite subsection (4), a regulation made under paragraph 18 of subsection (1) 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. 92 (3).