Interpretation
1. (1) In this Act, “Appeal Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission d’appel”) “Director” means the Director appointed under subsection 3 (2); (“directeur”) “equity share” means a share of a class of shares of a corporation that carries a voting right either under all circumstances or under some circumstances that have occurred and are continuing; (“action participante”) “inspector” means an inspector appointed under section 23; (“inspecteur”) “licensee” means a person who is the holder of a licence under this Act; (“titulaire de permis”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 49 (1) by adding the following definition: “local health integration network” means a local health integration network as defined in section 2 of the Local Health System Integration Act, 2006; (“réseau local d’intégration des services de santé”) See: 2006, c. 4, ss. 49 (1), 55 (2). “mentally incapable” means unable to understand the information that is relevant to making a decision concerning the subject-matter or unable to appreciate the reasonably foreseeable consequences of a decision or lack of decision; (“mentalement incapable”) “Minister” means the Minister of Health; (“ministre”) “Ministry” means the Ministry of Health; (“ministère”) “nursing home” means any premises maintained and operated for persons requiring nursing care or in which such care is provided to two or more unrelated persons, but does not include any premises falling under the jurisdiction of, (a) the Charitable Institutions Act, (b) the Child and Family Services Act, (c) the Homes for the Aged and Rest Homes Act, (d) Repealed: 2009, c. 33, Sched. 18, s. 19. (e) the Private Hospitals Act, or (f) the Public Hospitals Act; (“maison de soins infirmiers”) “regulations” means the regulations made under this Act; (“règlements”) “resident” means a person admitted to and lodged in a nursing home; (“pensionnaire”) “security interest” means an agreement between a person and a licensee that secures the licensee’s payment or performance of an obligation by giving the person an interest in the licence; (“droit de sûreté”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 49 (1) by adding the following definition: “service accountability agreement” means a service accountability agreement as defined in section 21 of the Commitment to the Future of Medicare Act, 2004; (“entente de responsabilisation en matière de services”) See: 2006, c. 4, ss. 49 (1), 55 (2). “spouse” means, (a) a spouse as defined in section 1 of the Family Law Act, or (b) either of two persons who live together in a conjugal relationship outside marriage; (“conjoint”) “substitute decision-maker”, in relation to a resident, means, (a) the person who would be authorized under the Health Care Consent Act, 1996 to give or refuse consent to a treatment on behalf of the resident if the resident were incapable with respect to the treatment under that Act, or (b) the person who would be authorized under the Health Care Consent Act, 1996 to make a decision concerning a personal assistance service on behalf of the resident if the resident were incapable with respect to the personal assistance service under that Act. (“mandataire spécial”) R.S.O. 1990, c. N.7, s. 1 (1); 1993, c. 2, s. 28; 1996, c. 2, s. 74 (1); 1998, c. 18, Sched. G, s. 66 (1, 2); 1999, c. 6, s. 46 (1); 2005, c. 5, s. 49 (1, 2); 2009, c. 33, Sched. 18, ss. 17 (2), 19. Controlling interest (2) A person shall be deemed to have a controlling interest in a corporation if the person alone or with an associate directly or indirectly beneficially owns or controls, (a) issued and outstanding equity shares in the corporation in an amount to permit the person to direct the management and policies of the corporation; or (b) 10 per cent or more of the issued and outstanding equity shares in the corporation. R.S.O. 1990, c. N.7, s. 1 (2). Associates (3) One person shall be deemed to be an associate of another person if, (a) one person is a corporation of which the other person is an officer or director; (b) one person is a partnership of which the other person is a partner; (c) one person is a corporation that is controlled directly or indirectly by the other person; (d) both persons are corporations and one person is controlled directly or indirectly by the same individual or corporation that controls directly or indirectly the other person; (e) both persons are members of a voting trust where the trust relates to shares of a corporation; (f) one person is the father, mother, brother, sister, child or spouse of the other person or is another relative who has the same home as the other person; or (g) both persons are associates within the meaning of clauses (a) to (f) of the same person. R.S.O. 1990, c. N.7, s. 1 (3); 1999, c. 6, s. 46 (2); 2005, c. 5, s. 49 (3). Calculating shares (4) In calculating the total number of equity shares of a corporation beneficially owned or controlled for the purposes of this Act, the total number shall be calculated as the total of all the shares actually owned or controlled, but each share that carries the right to more than one vote shall be calculated as having the number of shares equal to the total number of votes it carries. R.S.O. 1990, c. N.7, s. 1 (4). Fundamental principle, rights of residents