jswizzle3737/ontario_laws_and_regs huggingface dataset:
66 (1) A Family Council of a long-term care home has the power to do any or all of the following: 1. Provide assistance, information and advice to residents, family members of residents and persons of importance to residents, including when new residents are admitted to the home. 2. Advise residents, family members of residents and persons of importance to residents respecting their rights and obligations under this Act. 3. Advise residents, family members of residents and persons of importance to residents respecting the rights and obligations of the licensee under this Act and under any agreement relating to the home. 4. Attempt to resolve disputes between the licensee and residents. 5. Sponsor and plan activities for residents. 6. Collaborate with community groups and volunteers concerning activities for residents. 7. Review, i. inspection reports and summaries received under section 152, ii. a written plan for achieving compliance, prepared by the licensee, that the Director has ordered in accordance with clause 155 (1) (b) following a referral under paragraph 4 of subsection 154 (1), iii. the detailed allocation, by the licensee, of funding under this Act, the Local Health System Integration Act, 2006 and the Connecting Care Act, 2019
and amounts paid by residents, Note: On a day to be named by proclamation of the Lieutenant Governor, subparagraph 7 iii of subsection 66 (1) of the Act is amended by striking out “the Local Health System Integration Act, 2006”. (See: 2021, c. 39, Sched. 1, s. 203 (14)) iv. the financial statements relating to the home filed with the Director under the regulations, with the local health integration network for the geographic area where the home is located under the
Local Health System Integration Act, 2006 and with the Agency, and Note: On a day to be named by proclamation of the Lieutenant Governor, subparagraph 7 iv of subsection 66 (1) of the Act is amended by striking out “with the local health integration network for the geographic area where the home is located under the Local Health System Integration Act, 2006”. (See: 2021, c. 39, Sched. 1, s. 203 (15)) v. the operation of the home. 8. Advise the licensee of any concerns or recommendations the Council has about the operation of the home. 9. Report to the Director any concerns and recommendations that in the Council’s opinion ought to be brought to the Director’s attention. 10. Exercise any other powers provided for in the regulations. Duties (2) The Family Council shall comply with any duties provided for in the regulations. Duty to respond (3) If the Family Council has advised the licensee of concerns or recommendations under either paragraph 8 or 9 of subsection (1), the licensee shall, within 10 days of receiving the advice, respond to the Family Council in writing. Minister to consult (4) The Minister shall consult, in a manner the Minister considers appropriate, with organizations that represent the interests of Family Councils on an annual basis. Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 1, s. 203 (14, 15) - not in force
67 (1) If the Family Council so requests, the licensee shall appoint a Family Council assistant who is acceptable to that Council to assist the Family Council. Duties (2) In carrying out their duties, a Family Council assistant shall take instructions from the Family Council, ensure confidentiality where requested and report to the Family Council. General
68 A licensee shall co-operate with the Residents’ Council, the Family Council, the Residents’ Council assistant and the Family Council assistant and shall provide them with such financial and other information and such assistance as is provided for in the regulations.
69 If invited by the Residents’ Council or the Family Council, the licensee shall meet with that Council or, if the licensee is a corporation, ensure that representatives of the licensee meet with that Council.
70 A licensee of a long-term care home shall attend a meeting of the Residents’ Council or the Family Council only if invited, and shall ensure that the staff, including the Administrator, and other persons involved in the management or operation of the home attend a meeting of either Council only if invited.
71 A licensee of a long-term care home, (a) shall not interfere with the meetings or operation of the Residents’ Council or the Family Council; (b) shall not prevent a member of the Residents’ Council or Family Council from entering the long-term care home to attend a meeting of the Council or to perform any functions as a member of the Council and shall not otherwise hinder, obstruct or interfere with such a member carrying out those functions; (c) shall not prevent a Residents’ Council assistant or a Family Council assistant from entering the long-term care home to carry out their duties or otherwise hinder, obstruct or interfere with such an assistant carrying out those duties; and (d) shall ensure that no staff member, including the Administrator or other person involved in the management or operation of the home, does anything that the licensee is forbidden to do under clauses (a) to (c).
72 No action or other proceeding shall be commenced against a member of a Residents’ Council or Family Council or a Residents’ Council assistant or Family Council assistant for anything done or omitted to be done in good faith in the capacity as a member or an assistant.
73 A licensee has a duty to consult regularly with the Residents’ Council, and with the Family Council, if any, and in any case shall consult with them at least every three months.
74 (1) The Lieutenant Governor in Council may make regulations for carrying out the purposes and provisions of this Part. Specific inclusions (2) Without restricting the generality of subsection (1), the Lieutenant Governor in Council may make regulations, (a) requiring a licensee to assist in the formation of Residents’ Councils and Family Councils, and governing the assistance that the licensee is required to provide to those Councils; (b) respecting and governing the duties of Residents’ Councils and Family Councils; (c) defining “detailed allocation” for the purpose of subparagraph 9 iii of subsection 63 (1) and subparagraph 7 iii of subsection 66 (1); (d) providing for anything that under this Part may or must be provided for in regulations, or that is to be done in compliance with or in accordance with the regulations. PART VI   OPERATION OF HOMES Directors, Officers and Other Staff
75 (1) Where a licensee is a corporation, every director and every officer of the corporation shall ensure that the corporation complies with all requirements under this Act. Municipal Homes and First Nations Homes (2) In the case of a long-term care home approved under Part IX, (a) if there is a committee of management for the home under section 135, the obligation under subsection (1) is an obligation on every member of that committee; and (b) if there is a board of management for the home under section 128 or 132, the obligation under subsection (1) is an obligation on every member of that board. Offence (3) Every person who fails to comply with this section is guilty of an offence. Corporate prosecution not necessary (4) A person may be prosecuted and convicted under this section even if the corporation has not been prosecuted or convicted.
76 (1) Every licensee of a long-term care home shall ensure that the home has an Administrator. Role (2) The Administrator, (a) shall be in charge of the long-term care home and be responsible for its management; and (b) shall perform any other duties provided for in the regulations. Time must work in position (3) If the number of beds at a long-term care home is, (a) equal to or greater than the prescribed number of beds, the licensee of the home shall ensure that the Administrator works full-time in that position; or (b) less than the prescribed number of beds, the licensee of the home shall ensure that the Administrator works in that position, on average, at least the number of hours per week that is prescribed for the number of beds at the home.
77 (1) Every licensee of a long-term care home shall ensure that the long-term care home has a Director of Nursing and Personal Care. Must be R.N. (2) The Director of Nursing and Personal Care shall be a registered nurse. Role (3) The Director of Nursing and Personal Care, (a) shall supervise and direct the nursing staff and personal care staff of the long-term care home and the nursing and personal care provided by them; and (b) shall perform any other duties provided for in the regulations. Time must work in position (4) If the number of beds at a long-term care home is, (a) equal to or greater than the prescribed number of beds, the licensee of the home shall ensure that the Director of Nursing and Personal Care works full-time in that position; or (b) less than the prescribed number of beds, the licensee of the home shall ensure that Director of Nursing and Personal Care works in that position, on average, at least the number of hours per week that is prescribed for the number of beds at the home.
78 (1) Every licensee of a long-term care home shall ensure that the home has a Medical Director. Must be physician (2) The Medical Director shall be a physician. Role (3) The Medical Director, (a) shall advise the licensee on matters relating to medical care in the long-term care home; and (b) shall perform any other duties provided for in the regulations. Must consult (4) In performing their duties under clause (3) (a), the Medical Director shall consult with the Director of Nursing and Personal Care and other health professionals working in the long-term care home.
79 Every licensee of a long-term care home shall ensure that all the staff of the home, including the persons mentioned in sections 76 to 78, (a) have the proper skills and qualifications to perform their duties; and (b) possess the qualifications provided for in the regulations.
80 (1) In order to provide a stable and consistent workforce and to improve continuity of care to residents, every licensee of a long-term care home shall ensure that the use of temporary, casual or agency staff is limited in accordance with the regulations. Agency staff (2) In subsection (1), “agency staff” means staff who work at the long-term care home pursuant to a contract between the licensee and an employment agency or other third party.
81 (1) Every licensee of a long-term care home shall ensure that screening measures are conducted in accordance with the regulations before hiring staff and accepting volunteers. Police record checks (2) The screening measures shall include police record checks, unless the person being screened is under 18 years of age. When agency staff is hired (3) For the purposes of subsection (1), a staff member who is agency staff, as that term is defined in subsection 80 (2), is considered to be hired when they first work at the home. Where convicted of certain offences, etc. (4) Every licensee of a long-term care home shall ensure that no staff member is hired and no volunteer accepted by the licensee if they have been, (a)   convicted of an offence prescribed in the regulations; or (b)   found guilty of an act of professional misconduct prescribed in the regulations. Same (5) No licensee shall permit any person who has been convicted of an offence described in clause (4) (a) or found guilty of an act described in clause (4) (b) to be a member of the licensee’s board of directors, its board of management or committee of management or other governing structure. Time periods (6) Where the regulations so provide, the restriction on hiring or membership set out in subsection (4) or (5) may only apply during a time period set out in the regulations.
83 Every licensee of a long-term care home shall develop and implement an orientation program for volunteers that includes information on, (a) the Residents’ Bill of Rights; (b) the long-term care home’s mission statement; (c) the long-term care home’s policy to promote zero tolerance of abuse and neglect of residents; (d) the duty under section 28 to make mandatory reports; (e) fire safety and universal infection control practices; (f) any other areas provided for in the regulations; and (g) the protections afforded by section 30. Residents — Information, Agreements, etc.
85 (1) Every licensee of a long-term care home shall ensure that the required information is posted in the home, in a conspicuous and easily accessible location in a manner that complies with the requirements, if any, established by the regulations. Communication (2) Every licensee of a long-term care home shall ensure that the required information is communicated, in a manner that complies with any requirements that may be provided for in the regulations, to residents who cannot read the information. Required information (3) The required information for the purposes of subsections (1) and (2) is, (a) the Residents’ Bill of Rights; (b) the long-term care home’s mission statement; (c) the long-term care home’s policy to promote zero tolerance of abuse and neglect of residents; (d) an explanation of the duty under section 28 to make mandatory reports; (e) the long-term care home’s procedure for initiating complaints to the licensee; (f) the written procedure, provided by the Director, for making complaints to the Director, together with the contact information of the Director, or the contact information of a person designated by the Director to receive complaints; (g) notification of the long-term care home’s policy to minimize the restraining of residents, and how a copy of the policy can be obtained; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 85 (3) (g) of the Act is repealed and the following substituted: (See: 2021, c. 39, Sched. 1, s. 203 (19)) (g) notification of the long-term care home’s policy to minimize the restraining and confining of residents, and how a copy of the policy can be obtained; (h) a copy of the service accountability agreement entered into in accordance with section 22 of the Connecting Care Act, 2019; (i) the name and telephone number of the licensee and an email address maintained and monitored by the licensee that can receive communications from a resident or the substitute decision-maker of the resident; (j) an explanation of the measures to be taken in case of fire; (k) an explanation of evacuation procedures; (l) copies of the inspection reports from the past two years for the long-term care home; (m) orders made by an inspector or the Director with respect to the long-term care home that are in effect or that have been made in the last two years; (n) a written plan for achieving compliance, prepared by the licensee, that the Director has ordered in accordance with clause 155 (1) (b) following a referral under paragraph 4 of subsection 154 (1); (o) decisions of the Appeal Board or Divisional Court that were made under this Act with respect to the long-term care home within the past two years; (p) the most recent minutes of the Residents’ Council meetings, with the consent of the Residents’ Council; (q) the most recent minutes of the Family Council meetings, if any, with the consent of the Family Council; (r) an explanation of the protections afforded under section 30; and (s) any other information provided for in the regulations. Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 1, s. 203 (19) - not in force
86 (1) Every licensee of a long-term care home shall ensure that no regulated document is presented for signature to a resident or prospective resident, a substitute decision-maker of a resident or prospective resident or a family member of a resident or prospective resident, unless, (a) the regulated document complies with all the requirements of the regulations; and (b) the compliance has been certified by a lawyer. Interpretation (2) For the purposes of this section, a “regulated document” is a document, (a) that is required by the regulations to meet certain requirements; and (b) that is described as a regulated document in the regulations.
87 (1) An agreement between a licensee and a resident or prospective resident, a substitute decision-maker of a resident or prospective resident, or a family member of a resident or prospective resident is voidable by the resident, prospective resident, substitute decision-maker or family member for 10 days after it is made. Obligations incurred before voiding (2) The voiding of an agreement under subsection (1) does not relieve any person from liability for charges that were incurred before the voiding. Preferred accommodation (3) Subsection (1) does not apply to an agreement under paragraph 2 of subsection 94 (1) except as provided for in the regulations.
88 An agreement with a licensee cannot prevent a consent or directive with respect to treatment or care from being withdrawn or revoked.
89 (1) Every licensee of a long-term care home shall ensure that no person is told or led to believe that a prospective resident will be refused admission or that a resident will be discharged from the home because, (a) a document has not been signed; (b) an agreement has been voided; or (c) a consent or directive with respect to treatment or care has been given, not given, withdrawn or revoked. Saving (2) Subsection (1) does not apply with respect to a consent that is required by law for admission to a long-term care home . General Management
90 (1) Every licensee of a long-term care home shall ensure that there are emergency plans in place for the home that comply with the regulations, including, (a) measures for dealing with, responding to and preparing for emergencies, including, without being limited to, epidemics and pandemics; and (b) procedures for evacuating and relocating the residents, and evacuating staff and others in case of an emergency. Testing of plans (2) Every licensee of a long-term care home shall ensure that the emergency plans are tested, evaluated, updated and reviewed with the staff of the home as provided for in the regulations. Attestation (3) Every licensee of a long-term care home shall prepare an attestation attesting to compliance with this section and shall maintain a record of every attestation. Requirements (4) The licensee shall comply with every requirement respecting the attestation that may be set out in the regulations with respect to, (a) the information to be included in the attestation; (b) to whom the attestation shall be submitted; and (c) the form, manner and timing of the attestation.
91 (1) Every licensee of a long-term care home shall submit reports to the Director as provided for in the regulations. Same (2) The Director may at any time request a licensee to submit a report to the Director on any matter, in a form acceptable to the Director, and the licensee shall comply with such a request. Regulations
93 (1) The Minister may provide funding for a long-term care home. Conditions (2) The Minister may attach conditions to funding provided under subsection (1), including how funding may be used. Restrictions (3) The provision of funding under subsection (1) is subject to any other conditions, rules and restrictions that may be provided for in the regulations, including requirements relating to eligibility to receive funding or how funding may be used. Set-off (4) Amounts owed to the Crown, including the Agency, may be set off against funding that would otherwise be provided under subsection (1).
94 (1) A licensee shall not charge a resident for anything, except in accordance with the following: 1. For basic accommodation, a resident shall not be charged more than the amount provided for in the regulations for the accommodation provided. 2. For preferred accommodation, a resident shall not be charged more than can be charged for basic accommodation in accordance with paragraph 1 unless the preferred accommodation was provided under an agreement, in which case the resident shall not be charged more than the amount provided for in the regulations for the accommodation provided. 3. For anything other than accommodation, a resident shall be charged only if it was provided under an agreement and shall not be charged more than the amount provided for in the regulations, or, if no amount is provided for, more than a reasonable amount. 4. Despite paragraph 3, a resident shall not be charged for anything that the regulations provide is not to be charged for. Requirements for agreements (2) The agreement referred to in paragraphs 2 and 3 of subsection (1) must be a written agreement with the resident or a person authorized to enter into such an agreement on the resident’s behalf. Responsibility for charges where no agreement (3) Even if the licensee does not have an agreement with the resident, the resident is responsible for the payment of amounts charged by the licensee for basic accommodation in accordance with paragraph 1 or 2 of subsection (1). Acceptance, charging or acceptance by another (4) A licensee shall not accept payment from or on behalf of a resident for anything that the licensee is prohibited from charging for under subsection (1) and shall not cause or permit anyone to make such a charge or accept such a payment on the licensee’s behalf. Statements (5) The licensee shall, at intervals provided for in the regulations, provide each resident or representative of the resident with an itemized statement of, (a) charges made to the resident; and (b) money held on behalf of the resident by the licensee or an employee or agent of the licensee. Director to give statements (6) The Director 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 (1).
95 Every licensee of a long-term care home shall keep accounts and records with respect to each long-term care home operated by the licensee, (a) that are separate from the accounts and records of any other long-term care home operated by the licensee, and from any other business of the licensee; and (b) that meet any other requirements that may be provided for in the regulations.
96 (1) A licensee shall not enter into a non-arm’s length transaction that is prohibited by the regulations. Same (2) A licensee shall not enter into a non-arm’s length transaction without the prior consent of the Director if the regulations require such consent for that type of non-arm’s length transaction. Reporting (3) Every licensee of a long-term care home shall submit reports to the Director, as provided for in the regulations, on every non-arm’s length transaction entered into by the licensee.
97 (1) The Lieutenant Governor in Council may make regulations for carrying out the purposes and provisions of this Part. Specific inclusions (2) Without restricting the generality of subsection (1), the Lieutenant Governor in Council may make regulations, (a) respecting and governing rules, conditions and restrictions to which the provision of funding under this Act is subject; (b) governing charges for the purposes of section 94, including prescribing different charges for different kinds of basic and preferred accommodation; (c) providing that a resident may apply to the Director for a reduction in the charges for accommodation that would otherwise be required to be paid by the resident on the condition that the Minister pays the licensee the difference between the reduced amount and the amount that would otherwise be charged, and providing for rules governing such an application and reduction; (d) governing the payment of amounts charged by the licensee under section 94; (e) governing non-arm’s length transactions, including defining “non-arm’s length transaction” for the purposes of section 96 or for the purposes of the regulations, or both, prohibiting certain types of non-arm’s length transactions, and providing that certain types of non-arm’s length transactions may only be entered into with the prior consent of the Director; (f) providing for anything that under this Part may or must be provided for in regulations, or that is to be done in compliance with or in accordance with the regulations. PART VIII   LICENSING
98 (1) No person shall operate residential premises for persons requiring nursing care or in which nursing care is provided to two or more unrelated persons except under the authority of a licence under this Part or an approval under Part IX. Exclusions (2) Subsection (1) does not apply to, (a) premises falling under the jurisdiction of, (i) the Child, Youth and Family Services Act, 2017, (ii) the Private Hospitals Act, (iii) the Public Hospitals Act, or (iv) the Retirement Homes Act, 2010; or (b) other premises provided for in the regulations. Offence (3) Every person who contravenes subsection (1) is guilty of an offence. Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 1, s. 203 (20) - no effect - see 2023, c. 4, Sched. 1, s. 79 (1) - 18/05/2023
99 (1) Subject to subsection (2), the Minister shall determine whether or not there should be a long-term care home in an area, and how many long-term care home beds there should be in an area, by considering what is in the public interest, having taken into account, (a) the long-term care home bed capacity that exists, (i) in the area, or (ii) in the area and any other area; (b) the other facilities or services that are available, (i) in the area, or (ii) in the area and any other area; (c) the current and predictable continuing demand for long-term care home beds, (i) in the area, or (ii) in the area and any other area; (d) the funds available for long-term care homes in Ontario; (e) any other matters that may be provided for in the regulations; and (f) any other matters that the Minister considers to be relevant. Exception, Minister’s policy (2) The Minister is not required to make a determination under subsection (1) where, (a) the Minister has made a policy respecting the matters described in subsection (1); and (b) the Director has decided that an application for a licence is covered by the policy and that the Director is entitled to act under the policy. Making policy available (3) If the Minister makes a policy under subsection (2), the Minister shall ensure that the policy is made available to the public. Non-application of Legislation Act, 2006 (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to a policy made under subsection (2).
100 (1) The Minister may restrict who may be issued a licence based on what the Minister considers to be in the public interest, having taken into account, (a) the effect that issuing the licence would have on the concentration of ownership, control or management of long-term care homes, (i) in the area, (ii) in the area and any other area, or (iii) in Ontario; (b) the effect that issuing the licence would have on the balance between non-profit and for-profit long-term care homes, (i) in the area, (ii) in the area and any other area, or (iii) in Ontario; and (c) any other matters that may be provided for in the regulations. How determined (2) The Minister may make a restriction in a particular case of an application for a licence or, where the Minister has made a policy respecting the matters described in subsection (1), the Director may decide whether an application is covered by the policy and whether or not the restriction applies. Making policy available (3) If the Minister makes a policy under subsection (2), the Minister shall ensure that the policy is made available to the public. Non-application of Legislation Act, 2006 (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to a policy made by the Minister under subsection (2).
101 (1) A person is only eligible to be issued a licence for a long-term care home if, in the Director’s opinion, (a) the home and its operation would comply with this Act and the regulations and any other applicable Act, regulation or municipal by-law; (b) where the home is subject to a development agreement, the home, or the beds that are subject to a development agreement, complies with, and will continue to comply with, the applicable design manual and any additional design requirements required under the development agreement; (c) the past conduct relating to the operation of a long-term care home or any other matter or business of the following affords reasonable grounds to believe that the home will be operated in accordance with the law and with honesty and integrity: (i) the person, (ii) if the person is a corporation, the officers and directors of the corporation and any other person with a controlling interest in the corporation, and (iii) if the person with a controlling interest referred to in subclause (ii) is a corporation, the officers and directors of that corporation; (d) it has been demonstrated by the person that the person or, where the person is a corporation, its officers and directors and the persons with a controlling interest in it, is competent to operate a long-term care home in a responsible manner in accordance with this Act and the regulations and is in a position to furnish or provide the required services; (e) the past conduct relating to the operation of a long-term care home or any other matter or business of the following affords reasonable grounds to believe that the home will not be operated in a manner that is prejudicial to the health, safety or welfare of its residents: (i) the person, (ii) if the person is a corporation, the officers and directors of the corporation and any other person with a controlling interest in the corporation, and (iii) if the person with a controlling interest referred to in subclause (ii) is a corporation, the officers and directors of the corporation; and (f) the person is not ineligible because of any other reason that may be provided for in the regulations. Service of ineligibility decision (2) If the Director decides that a person is not eligible to be issued a licence under subsection (1), the Director shall serve the person with a copy of the Director’s decision, including reasons. Appeal of ineligibility decision (3) A person who the Director decides is not eligible to be issued a licence may appeal the decision to the Appeal Board and, for that purpose, sections 171 to 176 apply as if references to the licensee were references to the person, and with such other modifications as are necessary.
102 Following a determination by the Minister or a decision of the Director under section 99, the Director may issue a licence for a long-term care home at the location specified in the licence subject to any restrictions under section 100 and subject to section 101. 2021, c. 39, Sched. 1, s. 102; 2022, c. 16, s. 4. Section Amendments with date in force (d/m/y) 2022, c. 16, s. 4
- 31/08/2022
103 (1) Following a determination by the Minister or a decision of the Director under section 99, the Director may, subject to any restrictions under section 100 and subject to section 101, give an undertaking to issue a licence to a person on condition that the person agrees to satisfy the specified conditions set out in the undertaking. 2021, c. 39, Sched. 1, s. 103 (1); 2022, c. 16, s. 4. Form of undertaking (2) An undertaking shall be in two parts, one to be described as “non-amendable components” and the other to be described as “amendable components”. 2021, c. 39, Sched. 1, s. 103 (2). Non-amendable components (3) The non-amendable components shall consist of, (a) a description of where the long-term care home will be; (b) the following aspects of the licence to be issued: (i) the number, class and type of beds, (ii) the term of the licence, and (iii) any conditions the licence is to be subject to; (c) other components provided for in the regulations; and (d) any other components that the Director considers appropriate. 2021, c. 39, Sched. 1, s. 103 (3). Amendable components (4) The amendable components shall consist of any matters not provided for in subsection (3). 2021, c. 39, Sched. 1, s. 103 (4). What may be amended (5) The amendable components may be amended on consent, but the non-amendable components may not be amended under any circumstances. 2021, c. 39, Sched. 1, s. 103 (5). Issue of licence if conditions met (6) If the Director determines that the person has complied with the specified conditions, the Director shall issue the licence. 2021, c. 39, Sched. 1, s. 103 (6). Cancellation if conditions not met (7) If the Director determines that the person has not complied with the specified conditions, the Director may cancel the undertaking by serving the person with notice of the cancellation. 2021, c. 39, Sched. 1, s. 103 (7). Review by Minister (8) Within 15 days of being served with a notice of cancellation, the person may request the Minister to review the cancellation, and the Minister may confirm the cancellation or revoke it and direct the Director to amend any specified conditions that are amendable components. 2021, c. 39, Sched. 1, s. 103 (8). Section Amendments with date in force (d/m/y) 2022, c. 16, s. 4
- 31/08/2022
104 (1) A licence is subject to the conditions, if any, that are provided for in the regulations. Additional conditions (2) The Director may make a licence subject to conditions other than those provided for in the regulations, (a) at the time a licence is issued, with or without the consent of the licensee; or (b) at the time a licence is reissued under section 108, with or without the consent of the new licensee. Conditions of licence (3) It is a condition of every licence that the licensee shall comply with this Act, the Connecting Care Act, 2019, the regulations, and every directive issued, order made or agreement entered into under this Act and those Acts. Licensee must comply (4) Every licensee shall comply with the conditions to which the licence is subject.
105 (1) A licence shall be issued for a fixed term, specified in the licence, which shall not exceed 30 years. Expiry at end of term (2) A licence expires at the end of its fixed term. Revocation for cause (3) Nothing in this section prevents a licence from being revoked under section 159.
106 (1) The Director may make a policy respecting the obligations of a licensee with regard to the end of the term of a licence, and every licensee shall comply with the policy. Making policy available (2) If the Director makes a policy under subsection (1), the Director shall ensure that the policy is made available to the public. Non-application of Legislation Act, 2006 (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to a policy made by the Director under subsection (1). Surrender (4) Prior to the end of the term of a licence, a licensee shall not surrender the licence except, (a) with the consent of the Director; or (b) as may be provided for in this Act or the regulations.
107 (1) A licensee shall not operate more beds in a long-term care home than are allowed under the licence for the home or under the terms of a temporary licence issued under section 114 or a temporary emergency licence issued under section 115. Beds must be available (2) Every licensee shall ensure that all the beds that are allowed under the licence are occupied or are available for occupation. Reduction of licensed beds (3) If beds are unoccupied and unavailable for occupancy for 14 consecutive days or more, and the licensee did not obtain written permission from the Director for them not to be available for occupancy, the Director may, by order served on the licensee, (a) amend the licence to reduce the number of beds allowed under the licence by the number of unoccupied and unavailable beds; or (b) impose any conditions on the licence that are provided for in the regulations. Appeal (4) A licensee whose licence has been amended or had conditions imposed on it under subsection (3) may appeal the Director’s order to the Appeal Board and, for that purpose, sections 171 to 176 apply with any necessary modification.
108 (1) A licence, or beds under a licence, may not be transferred except by the Director in accordance with this section. 2021, c. 39, Sched. 1, s. 108 (1). If change of location (2) A transfer that results in a change of the location specified in the licence, including a change of location of beds, may only be made following a determination or decision under section 99. 2021, c. 39, Sched. 1, s. 108 (2). Application of Minister’s restrictions, etc. (3) All transfers are subject to any restrictions under section 100 and subject to section 101. 2021, c. 39, Sched. 1, s. 108 (3); 2022, c. 16, s. 4. Request for Director’s approval (4) A request for approval of a proposed transfer may be submitted to the Director for the Director’s consideration. 2021, c. 39, Sched. 1, s. 108 (4). Transfer of licences (5) Where the Director gives approval, a licence may be transferred by being surrendered to the Director for reissue to another person. 2021, c. 39, Sched. 1, s. 108 (5). Change in location of home (6) A licence reissued under subsection (5) may be for a different location and such a licence may be reissued to the same licensee. 2021, c. 39, Sched. 1, s. 108 (6). Transfer of beds (7) Where the Director gives approval, beds under a licence may be transferred by, (a) licences being surrendered to the Director for reissue with beds transferred from one licence to another; or (b) a licence being surrendered to the Director for reissue with beds transferred to a new licence issued by the Director. 2021, c. 39, Sched. 1, s. 108 (7). Restriction, non-profit to for-profit (8) A non-profit entity may not transfer a licence or beds to a for-profit entity except in the limited circumstances provided for in the regulations. 2021, c. 39, Sched. 1, s. 108 (8). No transfer of interest (9) No interest in a licence, including a beneficial interest, may be transferred except in accordance with this section. 2021, c. 39, Sched. 1, s. 108 (9). Exception, security interests (10) Subsection (9) does not apply to the giving of a security interest in a licence. 2021, c. 39, Sched. 1, s. 108 (10). Section Amendments with date in force (d/m/y) 2022, c. 16, s. 4
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109 (1) Subject to subsection (3), the Director shall consult the public before, (a) issuing a licence for a new long-term care home under section 102; (b) undertaking to issue a licence under section 103; (c) transferring a licence, or beds under a licence, under section 108; or (d) amending a licence to increase the number of beds or to extend the term of the licence under section 116. Public consultation, format (2) The Director may determine how public consultations under subsection (1) shall be conducted. Exception (3) The Director is not required to consult the public under subsection (1) or under any other provision of this Act where the Director, (a) has determined that a public consultation is not warranted in the circumstances; or (b) has made a policy governing types of circumstances in which public consultation is not warranted, and the policy applies to the circumstances, unless the Director makes an exception to the policy. Making policy available (4) If the Director makes a policy under clause (3) (b), the Director shall ensure that the policy is made available to the public. Non-application of Legislation Act, 2006 (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to a policy made by the Director under clause (3) (b).
110 (1) No person may acquire control over, or interfere with, the operation of a long-term care home by exercising a security interest except through a contract under section 113 under which another person manages the home. Application of Act if management contract used (2) If a person exercising a security interest enters into a contract under section 113, then, subject to the regulations, if any, this Act applies, with necessary modifications, to that person as though that person were acting as the licensee. No transfer of licence except under s. 108 (3) No exercise of a security interest in a licence results in a transfer of the licence but this subsection does not limit the transfer of the licence under section 108. Section applies to receivers, etc. (4) This section applies, with necessary modifications, to a receiver or trustee in bankruptcy as though the receiver or trustee was a person exercising a security interest. Security interest (5) In this section, “security interest” means an interest in or charge upon a licence or property of the licensee to secure a debt or the performance of some other obligation.
111 (1) A licensee that is a corporation shall notify the Director in writing within 15 days of any change in the officers or directors of the corporation. Same (2) A licensee shall immediately notify the Director in writing if the licensee has reason to believe that a person has gained a controlling interest in the licensee. Same, management contract (3) Where a long-term care home is managed by a person under a contract under section 113, the licensee of the home shall immediately notify the Director in writing if the licensee has reason to believe that anything mentioned in subsection (1) or (2) has occurred with respect to the person.
112 (1) A person that by any method gains a controlling interest in a licensee shall obtain the approval of the Director, unless the regulations provide otherwise. Director’s approval (2) The approval by the Director is subject to any restrictions under section 100 and subject to section 101 as those sections would apply with respect to the licensee if the person had already gained a controlling interest in the licensee, unless the regulations provide otherwise. Attachment of conditions (3) The Director may attach conditions to an approval. Regulations may provide for timing, process (4) The regulations may provide for when the approval of the Director must be obtained and for the process for obtaining such approval.
113 (1) A licensee of a long-term care home shall not allow anyone else to manage the home except pursuant to a written contract approved by the Director. 2021, c. 39, Sched. 1, s. 113 (1). Does not apply to Administrator (2) Subsection (1) does not apply to the management of the home by the Administrator. 2021, c. 39, Sched. 1, s. 113 (2). Compliance with regulations (3) The contract described in subsection (1) must comply with any requirements established by the regulations. 2021, c. 39, Sched. 1, s. 113 (3). Approval by Director (4) The following apply with respect to the approval by the Director of a contract described in subsection (1): 1. Before approving the contract, the Director must be satisfied that the contract complies with any requirements established by the regulations. 2. The approval by the Director is subject to section 101 as if the person who would manage the long-term care home were to be the licensee. 2021, c. 39, Sched. 1, s. 113 (4); 2022, c. 16, s. 5. Director may withdraw approval (5) The Director may withdraw their approval of a contract at any time. 2021, c. 39, Sched. 1, s. 113 (5). Amendment of contract (6) A licensee shall not allow a contract described in subsection (1) to be amended materially without the approval of the Director. 2021, c. 39, Sched. 1, s. 113 (6). Section Amendments with date in force (d/m/y) 2022, c. 16, s. 5
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114 (1) The Director may issue a temporary licence, (a) authorizing premises to be used as a long-term care home on a temporary basis; or (b) authorizing temporary additional beds at a long-term care home. Rules for temporary licence (2) The following apply with respect to a temporary licence: 1. The licence may be revoked by the Director at any time on the giving of the notice provided for in the licence, as well as being revocable under section 159. 2. The licence may be issued for a term of no more than five years, and may not be renewed. 3. No interest in a temporary licence, including a beneficial interest, may be transferred. Provisions that do not apply (3) The following provisions do not apply with respect to a temporary licence: 1. Section 108. 2. Section 109. 3. Any other provisions provided for in the regulations.
115 (1) Subject to any restrictions or requirements that may be prescribed by regulation, in order to accommodate persons affected by a temporary emergency, the Director may issue a temporary emergency licence, (a) authorizing premises to be used as a long-term care home on a temporary basis; or (b) authorizing temporary additional beds at a long-term care home. Conditions of temporary emergency licence (2) Except as otherwise specified in writing by the Director, it is a condition of the temporary emergency licence that the only persons who may be admitted to a bed under the authority of the licence are persons affected by the temporary emergency. Rules for temporary emergency licence (3) The following apply with respect to a temporary emergency licence: 1. The licence may be revoked by the Director at any time on the giving of the notice provided for in the licence, as well as being revocable under section 159. 2. The licence may be issued for a term of no more than one year, and may not be renewed. 3. No interest in a temporary emergency licence, including a beneficial interest, may be transferred. Provisions that do not apply (4) The following provisions do not apply with respect to a temporary emergency licence: 1. Section 99. 2. Section 100. 3. Section 101. 4. Section 108. 5. Section 109. 6. Any other provisions provided for in the regulations.
116 (1) The Director may amend a licence with the consent of the licensee, subject to the restrictions in this section and the regulations. 2021, c. 39, Sched. 1, s. 116 (1). Amendments that are not allowed (2) A licence may not be amended under this section to, (a) change the licensee or the location of the home; (b) extend the term; (c) increase the preferred accommodation the licensee is allowed to provide; or (d) make any other change provided for in the regulations. 2021, c. 39, Sched. 1, s. 116 (2). Extension in certain cases (3) Despite clause (2) (b), a licence may be amended under this section to extend its term where there is, (a) a substantial renovation of the home; or (b) a significant addition of beds to the home. 2021, c. 39, Sched. 1, s. 116 (3). Limitations — increase in number of beds (4) The amendment of a licence under this section to increase the number of beds or extend the term under subsection (3) is subject to the following: 1. The amendment may only be made following a determination or decision under section 99. 2. The amendment is subject to any restrictions under section 100. 2021, c. 39, Sched. 1, s. 116 (4); 2022, c. 16, s. 6. Amendments of licence conditions (5) For the purposes of this section, amendments to conditions imposed on a licence under subsection 104 (2) shall be deemed to be amendments to the licence. 2021, c. 39, Sched. 1, s. 116 (5). No application to transfers (6) This section does not apply to changes to a licence when it is reissued under section 108. 2021, c. 39, Sched. 1, s. 116 (6). Section Amendments with date in force (d/m/y) 2022, c. 16, s. 6
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117 A competitive process may be used, but is not required, before a licence is issued or amended under this Part or before an approval is granted or amended under Part IX.
118 (1) Anything done by the Minister or the Director under this Part in respect of sections 99 and 100 is within the sole discretion of the Minister or Director and is not subject to an appeal. Same, Director (2) Decisions of the Director under this Part with respect to the term of a licence, number of beds, or any other condition of a licence are within the sole discretion of the Director and are not subject to an appeal. Note: Section 119 of this Act is not yet in force. It comes into force on a day to be named by proclamation of the Lieutenant Governor. Review by Minister 119 (1) A person, including a licensee, may request the Minister to review a decision of the Director under this Part with respect to a decision to, (a) issue or not to issue a licence; (b) approve or not approve the transfer of a licence or beds under a licence; or (c) give or not to give an undertaking to issue a licence. Conditions and process (2) A Minister’s review under subsection (1) is subject to the conditions and process provided for in the regulations. Minister’s decision (3) Following a review under subsection (1), the Minister may make any decision provided for in the regulations.