jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Act, “administrator” means the person who is responsible for the operation and management of a facility; (“administrateur”) “attending physician” means the physician to whom responsibility for the observation, care and treatment of a resident has been assigned; (“médecin traitant”) “developmental disability” means a condition of mental impairment, present or occurring during a person’s formative years, that is associated with limitations in adaptive behaviour; (“déficience intellectuelle”) “Director” means a person appointed as such, for all or any of the purposes of this Act; (“directeur”) “facility” means any place designated by the regulations in which assistance and services or either of them are provided for persons with a developmental disability; (“établissement”) “Minister” means the Minister of Community and Social Services; (“ministre”) “Ministry” means the Ministry of Community and Social Services; (“ministère”) “physician” means a legally qualified medical practitioner; (“médecin”) “regulations” means the regulations made under this Act; (“règlements”) “resident” means a person with a developmental disability who resides in a facility. (“résident”) R.S.O. 1990, c. D.11, s. 1; 2001, c. 13, s. 2 (2-5).
Facilities established
2. (1) The Minister may establish, operate and maintain one or more facilities and may furnish such services and assistance as he or she considers necessary upon such terms and conditions as the Minister sees fit. R.S.O. 1990, c. D.11, s. 2 (1). Purchase of assistance and services (2) The Minister may by written agreement or otherwise purchase from any person, services and assistance for or on behalf of persons with a developmental disability or believed to have a developmental disability and may direct payment of expenditures as are necessary for these purposes. R.S.O. 1990, c. D.11, s. 2 (2); 2001, c. 13, s. 2 (6).
Administration vested in Director
3. (1) Except where a board has been appointed under subsection (2), the administration of every facility established, or operated by the Minister, is vested in the Director. R.S.O. 1990, c. D.11, s. 3 (1). Board of governors appointed (2) The Lieutenant Governor in Council may appoint a board of governors to maintain and operate any facility operated and maintained under subsection 2 (1), and every such board is a body corporate. R.S.O. 1990, c. D.11, s. 3 (2). Corporations Act not to apply (3) The Corporations Act does not apply to a board appointed under subsection (2). R.S.O. 1990, c. D.11, s. 3 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed and the following substituted: Not-for-Profit Corporations Act, 2010 not to apply (3) The Not-for-Profit Corporations Act, 2010 does not apply to a board appointed under subsection (2). 2010, c. 15, s. 220 (1). See: 2010, c. 15, ss. 220 (1), 249. Administrator to superintend (4) Subject to subsection (1), the administrator shall superintend the operation and management of all the affairs of the facility for which he or she is appointed and shall supervise all employees and all the residents therein. R.S.O. 1990, c. D.11, s. 3 (4). Minister, Director or administrator may appoint persons (5) Where this Act or the regulations require or authorize the Minister, Director or administrator to do any act, such act may be done by any person whom the Minister, Director or administrator, as the case may be, appoints. R.S.O. 1990, c. D.11, s. 3 (5).
Patients deemed discharged
4. (1) Every person with a developmental disability who on the 1st day of April, 1974 resided in a psychiatric facility under the regulations to The Mental Health Act, being chapter 269 of the Revised Statutes of Ontario, 1970, shall, upon the designating of all or any part of the psychiatric facility as a facility under this Act, be deemed to have been discharged as a patient under The Mental Health Act and admitted as a resident pursuant to this Act. R.S.O. 1990, c.D.11, s. 4 (1); 2001, c. 13, s. 2 (7). Certificate of incompetence deemed issued and received (2) Where the Public Guardian and Trustee was committee of the estate of a person who is deemed to have been discharged under subsection (1), a certificate of incompetence shall be deemed to have been issued under subsection 10 (3) and received by the Public Guardian and Trustee. R.S.O. 1990, c.D.11, s. 4 (2).
Designated facilities vest in Director
5. Any premises or part or parts thereof which were designated as a psychiatric facility under the regulations to the Mental Health Act, and which were operated by the Minister of Health and Long-Term Care shall, upon being designated as a facility under this Act, be operated and maintained by the Minister and the administration thereof shall, subject to subsection 3 (2), vest in the Director. R.S.O. 1990, c. D.11, s. 5; 2006, c. 19, Sched. E, s. 1.
Corporate status continued
6. Where a facility was incorporated under another Act and is designated under this Act, the designation shall not be deemed to affect the continuation of the facility’s status as a corporation. R.S.O. 1990, c. D.11, s. 6.
Persons may apply for admission to facilities
7. A person may apply for admission to a facility or for any item of assistance or service which the Minister may make available to persons with a developmental disability if the person, (a) believes he or she is a person with a developmental disability; or (b) wishes to apply on behalf of a person whom he or she believes is a person with a developmental disability. 2001, c. 13, s. 2 (8).
Protection from personal liability
8. (1) No action, prosecution or other proceeding for damages for anything done or omitted to be done in compliance or intended compliance with this Act or the regulations shall be commenced against the Director, a Board appointed under subsection 3 (2) or any officer or employee of a facility for any act done in good faith in the execution or intended execution of a duty or for any alleged neglect or default in the execution in good faith of a duty. R.S.O. 1990, c.D.11, s. 8 (1). Crown not relieved of liability (2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted. R.S.O. 1990, c.D.11, s. 8 (2).
Protection from tort liability re resident
9. No action lies against the Director or any officer or employee of a facility for any tort of any resident. R.S.O. 1990, c. D.11, s. 9. 10.-33. Repealed: 1992, c. 32, s. 7 (1).
Protection from tort liability re resident
10.-33. Repealed: 1992, c. 32, s. 7 (1).
Minister may designate officers
34. (1) The Minister may appoint officers of the Ministry or other persons who shall advise and assist the administrator in all matters pertaining to persons with a developmental disability and who shall have such other duties as are assigned to them by this Act or the regulations. R.S.O. 1990, c. D.11, s. 34 (1); 2001, c. 13, s. 2 (9). Powers (2) Any such officer or person may at any time, and shall be permitted so to do by the authorities thereat, visit and inspect any facility and, in so doing, may interview residents, examine books, records and other documents relating to residents, examine the condition of the facility and its equipment, inquire into the adequacy of its staff, the range of services provided and any other matter considered relevant to the care of residents by such officer or person. R.S.O. 1990, c. D.11, s. 34 (2). Inspection (3) The books of account and any other records of every facility or class of facility shall be open at all reasonable times for inspection by an officer or person appointed under subsection (1). R.S.O. 1990, c. D.11, s. 34 (3).
Provincial aid
35.  The Minister may direct payment of provincial aid to or for the benefit of persons with a developmental disability, or believed to have a developmental disability, or to or for any facility or class of facility in which a person with a developmental disability resides, in such amounts and under such conditions as are prescribed by the regulations. 2001, c. 13, s. 2 (10).
Agreements
35.1 (1) A regional municipality may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by this Act, with respect to the construction, operation or maintenance of the facility. 2002, c. 17, Sched. F, Table. Corporations (2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature, (a) to which Part III of the Corporations Act applies; or Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is amended by striking out “Part III of the Corporations Act” and substituting “the Not-for-Profit Corporations Act, 2010”. See: 2010, c. 15, ss. 220 (2), 249. (b) that is incorporated under a general or special Act of the Parliament of Canada. 2002, c. 17, Sched. F, Table.