jswizzle3737/ontario_laws_and_regs huggingface dataset:
Approval of corporations
2. Where the Minister is satisfied that any corporation without share capital having objects of a charitable nature to which Part III of the Corporations Act applies or that is incorporated under a general or special Act of the Parliament of Canada is, with financial assistance under this Act, financially capable of establishing, maintaining and operating a charitable institution and that its affairs are carried on under competent management in good faith for charitable purposes, the Minister may approve such corporation for the purposes of this Act. R.S.O. 1990, c. C.9, s. 2.
Approval of buildings
3. (1) Subject to section 4, where the Minister is satisfied that all or any part of a building or buildings is suitable for providing accommodation as a charitable institution in accordance with this Act and the regulations, the Minister may approve all or any part of such building or buildings, as the case may be, as a member of a class of charitable institutions prescribed in the regulations for the maintenance and operation of which assistance may be given under this Act. R.S.O. 1990, c. C.9, s. 3 (1). Effective date of approval (2) An approval given under subsection (1) or under section 2 may take effect on any date fixed by the Minister that is prior to the date on which the approval is given, but in no case shall the date upon which the approval under subsection (1) takes effect precede the date that the approval given under section 2 to the corporation maintaining and operating the institution takes effect. R.S.O. 1990, c. C.9, s. 3 (2). Fundamental principle, rights of residents
Restrictions upon approved corporations
5. (1) No approved corporation shall, (a) change its name or the name of any charitable institution maintained and operated by it without the approval in writing of the Minister; (b) erect a new building to be used as a charitable institution until the site and plans thereof are approved in writing by the Minister, or erect an addition to an existing building used or to be used as a charitable institution until the plans thereof are approved in writing by the Minister; (c) purchase or otherwise acquire any building or part thereof to be used by it as a charitable institution without the approval in writing of the Minister; (d) change the site or use of, sell or otherwise dispose of any part of, or structurally alter, any charitable institution in respect of which the approved corporation has received a payment under this Act, or any predecessor thereof, without the approval in writing of the Minister; or (e) operate an approved charitable home for the aged unless, (i) the approved corporation is a party to a service agreement with the Crown in right of Ontario that relates to the home, and Note: On a day to be named by proclamation of the Lieutenant Governor, subclause (i) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (4) and the following substituted: (i) the approved corporation is a party to a service accountability agreement with a local health integration network that relates to the home, and See: 2006, c. 4, ss. 43 (4), 55 (2). (ii) the service agreement complies with this Act and the regulations. R.S.O. 1990, c. C.9, s. 5 (1); 1993, c. 2, s. 3. Note: On a day to be named by proclamation of the Lieutenant Governor, subclause (ii) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (4) and the following substituted: (ii) the service accountability agreement complies with this Act, the Commitment to the Future of Medicare Act, 2004 and the regulations made under those Acts. See: 2006, c. 4, ss. 43 (4), 55 (2). (2) Repealed: 1997, c. 15, s. 3 (1). Cl. (1) (b), re-enacted (3) On a day to be named by proclamation of the Lieutenant Governor, clause (1) (b) is repealed and the following substituted therefor: (b) erect a new building or an addition to an existing building for use as a charitable institution until, (i) the need for the building or the addition has been established to the satisfaction of the Minister, (ii) in the case of the erection of a new building, the site, selected and evaluated in accordance with the regulations, has been approved by the Minister, and (iii) the plans therefor, developed and prepared in accordance with the regulations, have been approved in writing by the Minister. R.S.O. 1990, c. C.9, s. 5 (3).
Grants for construction of buildings or additions
6. Where the site and plans of a new building or the plans of an addition to an existing building used or to be used as a charitable institution have been approved by the Minister under clause 5 (1) (b), the Minister may, out of the money appropriated therefor by the Legislature, direct payment to the approved corporation erecting the new building or the addition, (a) where all or any part of the new building or the addition is to be used as a charitable institution other than a hostel, of an amount equal to the cost to the approved corporation of the new charitable institution, computed in accordance with the regulations, but not exceeding an amount based upon the bed capacity of the new charitable institution at the rate of $5,000 per bed or such greater amount per bed as is prescribed by the regulations; and (b) where all or any part of the new building or the addition is to be used as a hostel, of an amount equal to 30 per cent of the cost to the approved corporation of the new hostel, computed in accordance with the regulations, but not exceeding an amount based upon the bed capacity of the new hostel at the rate of $1,500 per bed, or such greater amount per bed as is prescribed by the regulations, but no payment shall be made under this clause unless the council of the municipality in which the new building or the addition is situated directs payment to the approved corporation erecting the new hostel of an amount equal to at least 20 per cent of the cost thereof to the approved corporation. R.S.O. 1990, c. C.9, s. 6.
Grants for acquisition of buildings
7. Where, (a) the acquisition or structural alteration of a building or any part thereof to be used as a charitable institution other than a hostel has been approved by the Minister under clause 5 (1) (c) or (d), as the case may be; or (b) the Minister has approved the renovation of a charitable institution other than a hostel or approved the purchase of furnishings or equipment in connection with an approved charitable institution other than a hostel, the Minister may, out of money appropriated therefor by the Legislature, direct payment to the approved corporation acquiring or operating and maintaining the institution, as the case may be, of an amount equal to the cost to the approved corporation of the acquisition, alteration, renovation or purchase of furnishings or equipment, as the case may be, computed in accordance with the regulations, but not exceeding an amount based upon the bed capacity of the institution at the rate of $1,200 per bed or such greater amount per bed as is prescribed by the regulations. R.S.O. 1990, c. C.9, s. 7.
Maintenance grants for institutions other than hostels
8. There shall be paid to an approved corporation out of the money appropriated therefor by the Legislature an amount equal to 80 per cent or such higher percentage as the regulations prescribe of the cost, computed in accordance with the regulations, (a) of the care and maintenance of each resident of an approved charitable institution maintained and operated by the corporation, other than a hostel or an approved charitable home for the aged; or (b) of residential services approved by the Director provided by or on behalf of the corporation in other than an approved charitable institution. R.S.O. 1990, c. C.9, s. 8; 1993, c. 2, s. 4.
Operating subsidy for homes for the aged
9. (1) Payments shall be made in accordance with the regulations, out of money appropriated by the Legislature, to an approved corporation maintaining and operating an approved charitable home for the aged, to assist in defraying the maintenance and operating costs incurred or to be incurred by the approved corporation in providing accommodation, care, services, programs and goods to residents of the home. 1993, c. 2, s. 5. Service agreement (2) No payment shall be made under subsection (1) unless, (a) the approved corporation receiving the payment is a party to a service agreement with the Crown in right of Ontario that relates to the home; and (b) the service agreement complies with this Act and the regulations. 1993, c. 2, s. 5. Reduction or refusal of subsidy (3) Payments under subsection (1) may be reduced or withheld if the approved corporation has breached its service agreement with the Crown relating to the home. 1993, c. 2, s. 5. Note: On a day to be named by proclamation of the Lieutenant Governor, section 9 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (5) and the following substituted: Operating subsidy 9. (1) The Minister may provide funding to maintain and operate an approved charitable home for the aged to the approved corporation maintaining and operating the home. 2006, c. 4, s. 43 (5). Terms and conditions (2) The Minister may impose terms and conditions on the funding. 2006, c. 4, s. 43 (5). Reduction or refusal of subsidy (3) The Minister may reduce or withhold the funding or may direct a local health integration network that provides funding, under the Local Health System Integration Act, 2006, to the approved corporation to reduce or withhold the funding if, (a) the approved corporation is in contravention of this Act, the regulations or the terms and conditions imposed on the funding under subsection (2); or (b) the approved corporation has breached the service accountability agreement relating to the home. 2006, c. 4, s. 43 (5). Compliance (4) A local health integration network shall comply with a direction of the Minister under subsection (3). 2006, c. 4, s. 43 (5). See: 2006, c. 4, ss. 43 (5), 55 (2).
Additional grants
9.1 (1) The Minister may, out of money appropriated by the Legislature, make a grant to an approved corporation maintaining and operating an approved charitable home for the aged, to assist in defraying the costs incurred or to be incurred by the approved corporation as a result of the occurrence of an extraordinary event prescribed by the regulations. 1993, c. 2, s. 5. Conditions (2) The Minister may impose conditions on a grant made under subsection (1). 1993, c. 2, s. 5. Note: On a day to be named by proclamation of the Lieutenant Governor, section 9.1 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (5). See: 2006, c. 4, ss. 43 (5), 55 (2).
Service agreement
9.2 (1) A service agreement, (a) shall contain the provisions required by the regulations to be contained in a service agreement; (b) shall contain provisions respecting each matter required by the regulations to be provided for in a service agreement; and (c) may contain such other provisions as are agreed to by the parties, so long as such other provisions do not conflict with the provisions mentioned in clause (a). 1993, c. 2, s. 5. Negotiation and signing (2) A service agreement may be negotiated and signed on behalf of the Crown in right of Ontario only by the Minister or a person authorized by the Minister in writing to negotiate and sign service agreements. 1993, c. 2, s. 5. Exception (3) Section 6 of the Executive Council Act does not apply to a service agreement signed by a person authorized by the Minister in writing to sign service agreements. 1993, c. 2, s. 5. Note: On a day to be named by proclamation of the Lieutenant Governor, section 9.2 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (5). See: 2006, c. 4, ss. 43 (5), 55 (2).
Excessive charges prohibited
9.3 (1) No approved corporation shall demand or accept or cause or permit anyone to demand or accept on the corporation’s behalf payment from or on behalf of a resident of an approved charitable home for the aged in excess of, (a) for a class of basic accommodation, the amount determined in accordance with the regulations; (b) for a class of preferred accommodation, the amount determined in accordance with the regulations; (c) for care, services, programs or goods designated by the regulations for the purposes of this section, the amount determined in accordance with the regulations; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (6) by adding “or” at the end. See: 2006, c. 4, ss. 43 (6), 55 (2). (d) for care, services, programs or goods that are not mentioned in clause (a), (b) or (c) and that are designated in the service agreement relating to the home as items for which the approved corporation may charge, the amount determined in accordance with the service agreement; or Note: On a day to be named by proclamation of the Lieutenant Governor, clause (d) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (7). See: 2006, c. 4, ss. 43 (7), 55 (2). (e) for care, services, programs or goods that are not mentioned in clause (a), (b), (c), (d) or (2)(a) and in respect of which the resident has entered into a written agreement with the approved corporation, the amount determined in accordance with the written agreement. 1993, c. 2, s. 5. Note: On a day to be named by proclamation of the Lieutenant Governor, clause (e) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (8) by striking out “clause (a), (b), (c) or (d) or (2) (a)” and substituting “clause (a), (b) or (c)”. See: 2006, c. 4, ss. 43 (8), 55 (2). No charge permitted (2) No approved corporation shall demand or accept or cause or permit anyone to demand or accept on the corporation’s behalf payment from or on behalf of a resident of an approved charitable home for the aged, (a) for care, services, programs or goods that are not mentioned in clause (1) (a), (b), (c) or (d) and that the approved corporation is required to provide to residents of the home without charge under the service agreement relating to the home; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (9). See: 2006, c. 4, ss. 43 (9), 55 (2). (b) for preferred accommodation, care, services, programs or goods that are mentioned in clause (1) (b), (c) or (d) but that are provided without consent being given by the resident; or Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (10) by striking out “clause (1) (b), (c) or (d)” and substituting “clause (1) (b) or (c)”. See: 2006, c. 4, ss. 43 (10), 55 (2). (c) for care, services, programs or goods that are not mentioned in subsection (1). 1993, c. 2, s. 5.
Resident responsible for payments for accommodation
9.4 (1) A resident is responsible for the payment of those amounts demanded by an approved corporation for accommodation in accordance with section 9.3. 1993, c. 2, s. 5. Minister to give statements (2) The Minister shall provide, annually and on the request of a resident, a statement setting out how much the resident may be charged for accommodation under subsection 9.3 (1). 1993, c. 2, s. 5. Recovery of charges
Information to approved corporation
9.7 (1) A placement co-ordinator who authorizes a person’s admission to an approved charitable home for the aged shall give to the approved corporation maintaining and operating the home the information mentioned in a paragraph of subsection (2) if, (a) the placement co-ordinator has the information mentioned in the paragraph; and (b) consent to the disclosure of the information to the approved corporation is given by, (i) the person whose admission is authorized, or (ii) the person, if any, who was lawfully authorized to consent to admission to the approved charitable home for the aged on behalf of the person whose admission is authorized. 1993, c. 2, s. 6. Same (2) The information referred to in subsection (1) is the following: 1. Information about assessments of the person whose admission is authorized. 2. Information about the person’s medical history. 3. Information about the person’s social and other care requirements. 4. The name and address of the person, if any, who was lawfully authorized to consent to admission to the approved charitable home for the aged on behalf of the person whose admission is authorized. 1993, c. 2, s. 6.
Preference for veterans
9.8 The Minister shall ensure that preference is given to veterans for access to beds that, (a) are located in approved charitable homes for the aged for which funding is provided under an agreement between the Government of Ontario and the Government of Canada relating to veterans; and (b) are designated by the Minister as veterans’ priority access beds. 1993, c. 2, s. 6.
Immunity
9.9 (1) No proceeding for damages shall be commenced against an employee or agent of a placement co-ordinator for any act done in good faith in the performance or intended performance of the person’s duty or for any alleged neglect or default in the performance in good faith of the person’s duty. 1993, c. 2, s. 6. Placement co-ordinator’s liability (2) Subsection (1) does not relieve a placement co-ordinator of liability for the acts or omissions of its employees or agents. 1993, c. 2, s. 6.
Notice of determination
9.10 (1) If a placement co-ordinator determines that an applicant for a determination respecting eligibility for admission to an approved charitable home for the aged is not eligible, the placement co-ordinator shall ensure that the applicant and the person, if any, who applied for the determination on behalf of the applicant are notified of, (a) the determination of ineligibility; (b) the reasons for the determination; and (c) the applicant’s right to apply to the Appeal Board for a review of the determination. 1993, c. 2, s. 6. Application to Appeal Board (2) The applicant may apply to the Appeal Board for a review of the determination of ineligibility made by the placement co-ordinator. 1993, c. 2, s. 6.
Decision to Minister
9.12 Repealed: 1998, c. 18, Sched. G, s. 46 (4).
Appeal to Divisional Court
9.13 (1) A party to a proceeding before the Appeal Board may appeal its decision to the Divisional Court on a question of law or fact or both, in accordance with the rules of court. 1993, c. 2, s. 6. Record (2) If a party appeals a decision of the Appeal Board to the Divisional Court, the Appeal Board shall promptly file with the Divisional Court the record of the proceeding before the Appeal Board and the transcript of the evidence taken before the Appeal Board, which together constitute the record in the appeal. 1993, c. 2, s. 6. Minister to be heard (3) The Minister is entitled to be heard by counsel or otherwise on the argument of an appeal under this section. 1993, c. 2, s. 6. Powers of court on appeal (4) On an appeal under this section, the Divisional Court, (a) may affirm or rescind the decision of the Appeal Board; (b) may refer the matter back to the Appeal Board for rehearing in whole or in part in accordance with such directions as the court considers proper; (c) may refer the matter back to the placement co-ordinator for redetermination in accordance with such directions as the court considers proper; (d) may substitute its opinion for that of the placement co-ordinator or the Appeal Board; and (e) may direct the placement co-ordinator to determine that the applicant is eligible for admission to an approved charitable home for the aged. 1993, c. 2, s. 6. Decision to Minister (5) The placement co-ordinator shall furnish the Minister with a copy of the decision and reasons of the Divisional Court. 1993, c. 2, s. 6.
Affidavits
9.14 A person or a member of a class of persons designated by the Minister as a commissioner or commissioners for taking affidavits for the purposes of this Act is a commissioner for taking affidavits within the meaning of the Commissioners for taking Affidavits Act with power to take affidavits and statutory declarations for the purposes of this Act. 1993, c. 2, s. 6.
Plan of care
9.15 An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that, (a) the requirements of each resident of the home are assessed on an ongoing basis; (b) a plan of care is developed for each resident to meet the resident’s requirements; (c) the plan of care is revised as necessary when the resident’s requirements change; (d) an opportunity to participate fully in the development and revision of the resident’s plan of care is provided to, (i) the resident, (ii) if the resident is mentally incapable, his or her substitute decision-maker described in clause (a) of the definition of “substitute decision-maker” in section 1 and, unless it is the same person, his or her substitute decision-maker described in clause (b) of the definition of “substitute decision-maker” in section 1, and (iii) such other person as the persons mentioned in subclauses (i) and (ii) may direct; and (e) the care outlined in the plan of care is provided to the resident. 1993, c. 2, s. 6; 1996, c. 2, s. 61 (2).
Quality management
9.16 An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that a quality management system is developed and implemented for monitoring, evaluating and improving the quality of the accommodation, care, services, programs and goods provided to the residents of the home. 1993, c. 2, s. 6.
Notice
9.17 (1) An approved corporation maintaining and operating an approved charitable home for the aged shall give to the persons mentioned in subsection (1.1) a written notice, (a) setting out the rights of the resident under subsection 3.1 (2) and stating that the approved corporation is obliged to respect and promote those rights; (b) describing the accommodation, care, services, programs and goods that the approved corporation is required to provide or offer under this Act and under the service agreement relating to the home; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (16) by striking out “the service agreement” and substituting “the service accountability agreement”. See: 2006, c. 4, ss. 43 (16), 55 (2). (c) stating that the persons mentioned in subsection (1.1) may request access to and an explanation of the resident’s plan of care, and specifying the person to whom the request must be made; (d) setting out the procedures for making complaints about the maintenance or operation of the home, the conduct of the staff of the home or the treatment or care received by the resident in the home; and (e) setting out such other matters as are prescribed by the regulations. 1993, c. 2, s. 6; 1996, c. 2, s. 61 (3, 4). Same (1.1) The notice must be given to, (a) each resident of the approved charitable home for the aged; (b) if the resident is mentally incapable, his or her substitute decision-maker described in clause (a) of the definition of “substitute decision-maker” in section 1 and, unless it is the same person, his or her substitute decision-maker described in clause (b) of the definition of “substitute decision-maker” in section 1; and (c) such other person as the persons mentioned in clauses (a) and (b) may direct. 1996, c. 2, s. 61 (5). Obligations re plan of care (2) If a request is made in accordance with clause (1)(c), the approved corporation shall ensure that access to and an explanation of the plan of care is provided to the person who made the request. 1993, c. 2, s. 6.
Posting of information
9.18 (1) An approved corporation maintaining and operating an approved charitable home for the aged shall post in the home, (a) a copy of section 3.1; (b) a copy of the service agreement relating to the home; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 43 (17) and the following substituted: (b) a copy of the service accountability agreement relating to the home; See: 2006, c. 4, ss. 43 (17), 55 (2). (c) a copy of the most recent inspection report relating to the home received by the approved corporation under subsection 10.1 (15); (d) copies of those financial statements, reports and returns filed with the Minister that the regulations require to be posted; and (e) all other documents and information that the regulations require to be posted. 1993, c. 2, s. 6. Exception (2) In posting anything under subsection (1), the approved corporation shall not disclose the salary of an individual. 1993, c. 2, s. 6.
Residents’ council
9.19 (1) If a request for the establishment of a residents’ council is made to the administrator of an approved charitable home for the aged by at least three persons, each of whom is a person mentioned in subsection (2), (a) the administrator shall promptly notify the Director and the approved corporation maintaining and operating the home of the request; and (b) the approved corporation shall assist the persons who made the request in establishing a residents’ council for the home within sixty days of the request. 1993, c. 2, s. 6. Request for residents’ council (2) For the purpose of subsection (1), the following persons may request the establishment of a residents’ council for an approved charitable home for the aged: 1. A resident of the home. 2. If a resident of the home is mentally incapable, any of his or her substitute decision-makers. 1993, c. 2, s. 6; 1996, c. 2, s. 61 (6). Right to be a member (3) The following persons are entitled to be members of the residents’ council of an approved charitable home for the aged: 1. A resident of the home. 2. If a resident of the home is mentally incapable, any of his or her substitute decision-makers. 3. A person selected by the resident or, if the resident is mentally incapable, by any of his or her substitute decision-makers. 1993, c. 2, s. 6; 1996, c. 2, s. 61 (7). Who may not be a member (4) No officer or director of an approved corporation maintaining and operating an approved charitable home for the aged may be a member of the residents’ council of the home, unless he or she is also a person mentioned in paragraph 1 or 2 of subsection (3). 1993, c. 2, s. 6. Same (5) No administrator or member of the staff of an approved charitable home for the aged may be a member of the residents’ council of the home. 1993, c. 2, s. 6. Appointment by Minister (6) At the request of a residents’ council, the Minister may appoint no more than three persons to be members of the residents’ council, and those persons shall serve as members at the pleasure of the residents’ council. 1993, c. 2, s. 6. Same (7) Only a person who lives in the area in which the approved charitable home for the aged is located and who is not employed by and does not have a contractual relationship with the ministry of the Minister may be appointed under subsection (6). 1993, c. 2, s. 6.
Meeting
9.20 (1) Unless an approved charitable home for the aged has a residents’ council, the approved corporation maintaining and operating the home shall, at least once in each year, convene a meeting of the following persons to advise them of their right to establish a residents’ council: 1. The residents of the home. 2. In the case of residents who are mentally incapable, their substitute decision-makers. 1996, c. 2, s. 61 (8). Results of meeting (2) Within thirty days after the meeting, the approved corporation shall notify the Director of the results of the meeting. 1993, c. 2, s. 6.
Powers of residents’ council
9.21 It is the function of a residents’ council of an approved charitable home for the aged, and the council has the power, to, (a) advise residents of the home respecting their rights and obligations under this Act; (b) advise residents of the home respecting the rights and obligations of the approved corporation maintaining and operating the home under this Act and under the service agreement relating to the home; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (18) by striking out “the service agreement” and substituting “the service accountability agreement”. See: 2006, c. 4, ss. 43 (18), 55 (2). (c) meet regularly with representatives of the approved corporation maintaining and operating the home to, (i) review inspection reports relating to the home received by the approved corporation under subsection 10.1 (15), (ii) review the allocation of money for accommodation, care, services, programs and goods provided in the home, (iii) review the financial statements relating to the home filed with the Minister under the regulations, and (iv) review the operation of the home; (d) attempt to mediate and resolve a dispute between the approved corporation maintaining and operating the home and a resident of the home; and (e) report to the Minister any concerns and recommendations that in its opinion ought to be brought to the Minister’s attention. 1993, c. 2, s. 6.
Residents’ council assistant
9.22 (1) With the consent of a residents’ council, the Minister may appoint a residents’ council assistant to assist the residents’ council in carrying out its responsibilities. 1993, c. 2, s. 6. Duties (2) In carrying out his or her duties, a residents’ council assistant shall take instructions from and report to the residents’ council. 1993, c. 2, s. 6.
Information and assistance
9.23 (1) An approved corporation maintaining and operating an approved charitable home for the aged shall co-operate with the residents’ council and the residents’ council assistant and shall provide them with such financial and other information and such assistance as is required by the regulations. 1993, c. 2, s. 6. Obstruction (2) No person shall refuse entry to an approved charitable home for the aged to a residents’ council assistant or otherwise hinder, obstruct or interfere with a residents’ council assistant carrying out his or her duties. 1993, c. 2, s. 6. Offence, individual (3) An individual who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable, (a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both; (b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both. 2002, c. 18, Sched. I, s. 3 (1). Same, corporation (4) A corporation that contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence. 2002, c. 18, Sched. I, s. 3 (1). Compensation or restitution (5) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence. 2002, c. 18, Sched. I, s. 3 (1). No limitation (6) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section. 2002, c. 18, Sched. I, s. 3 (1).
Immunity
9.24 No proceeding shall be commenced against a member of a residents’ council or a residents’ council assistant for any act done under section 9.21, unless the act is done maliciously or without reasonable grounds. 1993, c. 2, s. 6.
Inspection of books of charitable institutions
10. (1) Every charitable institution, its books and records shall be open at all reasonable times for inspection by a provincial supervisor. R.S.O. 1990, c. C.9, s. 10 (1). Idem (2) Every premises, that is not a charitable institution, where residential services are provided or where residential services are to be provided for persons placed therein by an approved corporation, shall be open at all reasonable times for inspection by a provincial supervisor. R.S.O. 1990, c. C.9, s. 10 (2). Inspection of books of approved corporations (3) A provincial supervisor may inspect the books of account and other records of an approved corporation that pertain to charitable institutions. R.S.O. 1990, c. C.9, s. 10 (3). Application (4) This section does not apply to approved charitable homes for the aged. 1993, c. 2, s. 7.
Warrant
10.2 (1) A justice of the peace may issue a warrant authorizing an inspector named in the warrant to enter premises specified in the warrant and to exercise any of the powers mentioned in subsection 10.1 (5), if the justice of the peace is satisfied on information under oath that, (a) the inspector has been prevented from exercising a right of entry to the premises under subsection 10.1 (2) or has been prevented from exercising a power under subsection 10.1 (5); or (b) there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the premises under subsection 10.1 (2) or will be prevented from exercising a power under subsection 10.1 (5). 1993, c. 2, s. 8. Expiry of warrant (2) A warrant issued under this section shall name a date on which it expires, which date shall not be later than thirty days after the warrant is issued. 1993, c. 2, s. 8. Extension of time (3) A justice of the peace may extend the date on which a warrant issued under this section expires for an additional period of no more than thirty days, upon application without notice by the inspector named in the warrant. 1993, c. 2, s. 8. Use of force (4) An inspector named in a warrant issued under this section may use whatever force is necessary to execute the warrant and may call upon a police officer for assistance in executing the warrant. 1993, c. 2, s. 8. Time of execution (5) A warrant issued under this section may be executed only between 8 a.m. and 8 p.m., unless the warrant specifies otherwise. 1993, c. 2, s. 8. Other matters (6) Subsections 10.1 (4) and 10.1 (6) to (15) apply with necessary modifications to an inspector executing a warrant issued under this section. 1993, c. 2, s. 8.
Protection from personal liability
10.3 (1) No proceeding for damages shall be commenced against an inspector for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in the performance in good faith of his or her duty. 1993, c. 2, s. 8. Crown liability (2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject in respect of a tort committed by an inspector. 1993, c. 2, s. 8.
Protection from reprisals
10.4 (1) No person shall do anything, or refrain from doing anything, in retaliation for another person making a disclosure to an inspector, so long as the disclosure was made in good faith. 1993, c. 2, s. 8. No interference (2) No person shall seek, by any means, to compel another person to refrain from making a disclosure to an inspector. 1993, c. 2, s. 8. Offence, individual (3) An individual who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable, (a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both; (b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both. 2002, c. 18, Sched. I, s. 3 (3). Same, corporation (4) A corporation that contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence. 2002, c. 18, Sched. I, s. 3 (3). No limitation (5) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section. 2002, c. 18, Sched. I, s. 3 (3).