jswizzle3737/ontario_laws_and_regs huggingface dataset:
120 (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) defining “nursing care” for the purposes of subsection 98 (1); (b) governing and clarifying how clauses 100 (1) (a) and (b) are to be applied; (c) defining “design manual” for the purposes of section 101; (d) governing public consultation for the purposes of section 109 and governing requirements and restrictions with respect to any determination or policy of the Director under that section; (e) for the purposes of section 110, requiring a person exercising a security interest to satisfy requirements provided for in the regulations before the person can enter into a contract described in section 113, establishing and respecting limits on how long a long-term care home may be managed pursuant to such a contract once entered into, and governing the management of a home by a person acting under such a contract; (f) governing the amending of licences under section 116, including providing for procedures that must be followed and changes that may not be made; (g) modifying the application of this Part in respect of licences for a long-term care home in which there are beds that are subject to different terms under the licence; Note: Clause 120 (2) (h) of this Act is not yet in force. It comes into force on a day to be named by proclamation of the Lieutenant Governor. (h) providing for the conditions and the process for a Minister’s review under section 119; (i) 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 IX   MUNICIPAL HOMES AND FIRST NATIONS HOMES Interpretation
121 In this Part, “joint home” means a home established pursuant to an agreement made under section 123 or 126; (“foyer commun”) “municipal home” means a home established under section 122, 125 or 128; (“foyer municipal”) “northern municipality” means a municipality in a territorial district as set out in regulations under the Territorial Division Act, 2002, but does not include The District Municipality of Muskoka; (“municipalité du Nord”) “southern municipality” means a municipality that is not a northern municipality. (“municipalité du Sud”) Southern Homes
122 (1) Every southern municipality that is an upper or single-tier municipality shall establish and maintain a municipal home and may establish and maintain municipal homes in addition to the home that is required. Alternative ways to meet requirement (2) The requirement in subsection (1) is met if the southern municipality participates in the establishment and maintenance of a joint home or helps maintain a municipal home or joint home under an agreement under section 124. Exception, Township of Pelee (3) This section does not apply to the Township of Pelee.
123 (1) Two or more southern municipalities that are required or permitted to establish and maintain a municipal home may, under an agreement with each other, establish and maintain a joint home. Approval required (2) No agreement may be entered into under subsection (1) without the approval in writing of the Minister.
124 (1) A southern municipality that is required or permitted to establish and maintain a municipal home but that is not maintaining a home or joint home may enter into an agreement with a municipality or municipalities maintaining a home or joint home to help maintain that home or joint home. Approval required (2) No agreement may be entered into under subsection (1) without the approval in writing of the Minister. Northern Homes
125 A northern municipality that is an upper or single-tier municipality and that has a population of more than 15,000 may establish and maintain a municipal home.
126 (1) A northern municipality that is permitted to establish and maintain a municipal home and one or more other northern municipalities may, under an agreement with each other, establish and maintain a joint home. Must be in same district (2) The northern municipalities that enter into an agreement under subsection (1) must all be in the same territorial district. Approval required (3) No agreement may be entered into under subsection (1) without the approval in writing of the Minister.
127 (1) A northern municipality that is not maintaining a municipal home or joint home may enter into an agreement with a municipality or municipalities maintaining a home or joint home, or with a board of management maintaining a home, to help maintain that home or joint home. Approval required (2) No agreement may be entered into under subsection (1) without the approval in writing of the Minister.
128 (1) If a majority of the municipalities in a single territorial district pass by-laws authorizing the establishment and maintenance of a municipal home under a board of management, the following apply: 1. A certified copy of every by-law passed under this subsection shall be promptly transmitted to the Director. 2. If the Minister gives approval for the establishment of the home under section 133, a board of management shall be established as a corporation, by regulation, for the home. 3. The home shall be vested in the board of management and the board shall have charge of the home. 4. All the municipalities in the territorial district shall contribute to the establishment and maintenance of the municipal home. Non-application of Not-for-Profit Corporations Act, 2010 (2) The Not-for-Profit Corporations Act, 2010 does not apply to a board of management, except as provided for under the regulations. Composition (3) The regulations may provide for the composition of a board of management and the qualifications and term of office of its members. Exception (4) If a municipality in the territorial district has established and is maintaining a municipal home under section 125 or a joint home under section 126 or helps maintain a home or joint home under an agreement under section 127, it shall be deemed not to be in the territorial district for the purposes of this section and sections 129 and 130.
129 (1) A board of management shall determine the amount that it estimates will be required to defray its expenditures for each year and apportion that amount, in accordance with the regulations under section 131, among the municipalities in the district and shall on or before February 25 notify the clerk of each municipality of the amount to be provided by that municipality. Payment by municipality (2) Each municipality shall pay the amount apportioned to it. Operating reserve (3) In preparing the estimates, the board may provide for a reserve for working funds, but the amount of the reserve in a year shall not exceed the higher of, (a) 15 per cent of the total estimates of the board for the year; or (b) such other percentage or limit as may be prescribed by the regulations. Power of district homes to borrow for operating costs (4) Subject to subsections (5) and (6) and to any restrictions or requirements that may be prescribed by regulation, the board of management may borrow from time to time by way of a promissory note, or such other means as may be prescribed by regulation such sums as the board considers necessary to meet the operating costs of the board. Maximum borrowings (5) Subject to any restrictions or requirements that may be prescribed by regulation, the amount that may be borrowed at any one time for the purpose mentioned in subsection (4) together with the total of any other borrowing for operating costs that have not been repaid shall not exceed the higher of, (a) 25 per cent of the estimated current revenue of the board for the year; or (b) such other percentage or limit as may be prescribed by the regulations. Same (6) Until the estimated current revenue of the board for the year has been determined, the limitation upon borrowing set out in subsection (5) shall be temporarily calculated based upon the higher of, (a) 25 per cent of the revenue of the board determined for the previous year; or (b) such other percentage or limit as may be prescribed by the regulations. Security for borrowing (7) In the circumstances prescribed by regulation and subject to any restrictions and requirements that may be prescribed by regulation, if the board is permitted to borrow under this section it may pledge security for the permitted borrowing from the real or personal property of the board.
130 (1) If a municipal home is to be established under a board of management, or an existing municipal home under a board of management is to be renovated, altered or added to, the board of management shall determine the amount that it estimates will be required and apportion that amount, in accordance with the regulations under section 131, among the municipalities in the district and shall notify the clerk of each municipality of the amount to be provided by that municipality. Payment by municipality (2) Each municipality shall pay the amount apportioned to it. Power of district homes to borrow for capital costs (3) In the circumstances prescribed by regulation and subject to any restrictions or requirements that may be prescribed by regulation, a board that meets the prescribed requirements may borrow such sums as the board considers necessary to meet the capital costs it estimates under subsection (1). Security for borrowing (4) In the circumstances prescribed by regulation and subject to the restrictions and requirements that may be prescribed by regulation, if the board is permitted to borrow under this section it may pledge security for the permitted borrowing from the real or personal property of the board.
131 (1) Despite any other Act, the Lieutenant Governor in Council may, with respect to a year, make regulations prescribing the basis on which apportionments are to be made by boards of management. Application for review (2) Where, in respect of any year, the council of a supporting municipality is of the opinion that an apportionment made pursuant to a regulation made under subsection (1) is incorrect because of an error, omission or failure set out in subsection (3), the supporting municipality may apply to the Director, within 30 days after notice of the apportionment was sent to the supporting municipality, for a review to determine the correct proportion of the apportionments that each supporting municipality shall bear in the year. Same (3) The errors, omissions and failures referred to in subsection (2) are, (a) an error or omission in the amount of the assessment of one or more supporting municipalities; (b) an error or omission in a calculation; or (c) a failure to apply one or more provisions of the regulation made under subsection (1). Appeal to Tribunal (4) A supporting municipality may appeal the decision resulting from the Director’s review to the Ontario Land Tribunal within 30 days after notice of the decision was sent to the municipality. Supporting municipality (5) In this section, “supporting municipality” means one of the municipalities among which costs are to be apportioned by a board of management under section 129 or 130. First Nations Homes
132 (1) A council of a band may establish and maintain a First Nations home under this section. Joint First Nations homes (2) The councils of two or more bands may, under an agreement with each other, establish and maintain a First Nations home under this section. Approval required (3) No agreement may be entered into under subsection (2) without the approval in writing of the Minister. Board of management (4) The following apply with respect to a First Nations home established under this section: 1. If the Minister gives approval for the establishment of the home under section 133, a board of management shall be established as a corporation, by regulation, for the home. 2. The home shall be vested in the board of management and the board shall have charge of the home. 3. The Not-for-Profit Corporations Act, 2010 does not apply to a board of management, except as provided for under the regulations. 4. The regulations may provide for the composition of a board of management and the qualifications and term of office of its members. Application of Part IX provisions (5) The following sections apply with respect to a First Nations home established under this section as they apply with respect to municipal homes: 1. Section 133. 2. Section 134. 3. Section 135. 4. Sections 138 to 142. Council not prevented from getting licence (6) Nothing in this section prevents a council of a band from obtaining a licence under Part VIII. Council of a band (7) In this section, “council of a band” means a council of the band within the meaning of the Indian Act (Canada). General
133 (1) No municipal home or joint home shall be established without the approval of the Minister. Same, beds (2) Where the Minister grants an approval, the Minister shall provide for the number of beds that are to be established under the approval, and the number of beds may not be increased without an amendment of the approval. No expiry (3) An approval does not expire. No fee (4) The Minister shall not charge a fee for granting or amending an approval under this Part.
134 (1) Part VIII does not apply with respect to an approval, except as provided under this section. Determination or policy required (2) An approval shall be granted only following a determination or decision under section 99. Provisions that apply (3) The following provisions of Part VIII apply, with necessary modifications, and the modifications specified in this section, with respect to an approval as though the approval were a licence under Part VIII: 1. Section 103 (Undertaking to issue licence), other than subsection 103 (8). 2. Section 104 (Conditions of licence), other than clause 104 (2) (b). 3. Section 107 (Beds allowed under licence). 4. Section 109 (Public consultation), other than clauses 109 (1) (c) and (d). 5. Subsection 111 (3) (Notice, management contract). 6. Section 113 (Management contracts). 7. Section 116 (Amendments with consent). 8. Section 117 (Competitive process). 9. Section 118 (No appeal). 10. Section 120 (Regulations). Modifications re Minister rather than Director (4) For the purposes of this Part, every reference to the Director in a provision that applies by virtue of subsection (3) shall be deemed to be a reference to the Minister, except in the following places: 1. The first reference to the Director in subsection 107 (3). 2. Subsection 109 (2). 3. Section 113. Modifications for grant of approval for required home (5) The following modification applies with respect to a grant of an approval for a municipal home that is required under subsection 122 (1): 1. The determination or decision under section 99 that is mentioned in subsection (2) shall not deal with whether there should be a home in the municipality. Temporary licence provision not affected (6) Nothing in this section affects the application of sections 114 and 115 and, for greater certainty, a temporary licence under section 114 or a temporary emergency licence under section 115 can be issued to a municipality or board of management and can be revoked under section 159.
135 (1) The council of a municipality establishing and maintaining a municipal home or the councils of the municipalities establishing and maintaining a joint home shall appoint from among the members of the council or councils, as the case may be, a committee of management for the municipal home or joint home. Board of control (2) Where a municipal home is established and maintained by a municipality having a board of control, the members of the committee of management shall be appointed on the recommendation of the board of control, and section 68 of the Municipal Act, as that section read on December 31, 2002, applies in respect of the home except that a reference in subsections (3), (6) and (7) of that section to a two-thirds vote shall be deemed to be a reference to a majority vote. Composition (3) The regulations may provide for the composition of a committee of management and the qualifications and term of office of its members.
136 A municipality or municipalities that maintain a municipal home or joint home or a board of management that maintains a municipal home may receive, hold and administer the property of a resident in trust, subject to any restrictions provided for in the regulations.
137 (1) A head and an institution are authorized to disclose personal information to an inspector or the Director for the purpose of complying with any requirement under this Act or facilitating an inspection or inquiries under this Act. Definitions (2) In this section, “head”, “institution” and “personal information” have the same meaning as in the Municipal Freedom of Information and Protection of Privacy Act.
138 (1) The Director may make an order to a municipality or municipalities or a board of management maintaining a municipal home or joint home respecting renovations, additions or alterations to the home and respecting information, plans and other material that are to be furnished to the Director, and requiring the order to be complied with within a certain time. Appeal (2) A decision of the Director under subsection (1) may be appealed to the Appeal Board, and sections 166 and 170 to 177 apply to such an appeal with necessary modifications.
139 The Director may take control of, operate and manage a municipal home or joint home if the municipality maintaining and operating the home, each of the municipalities maintaining and operating the joint home or the board of management of the municipal home, as the case may be, consents to the Director so acting.
140 (1) Subject to subsections (2) to (7), the Director may take control of, operate and manage a municipal home or joint home if the Director believes on reasonable grounds that the home is not being or is not likely to be operated with competence, honesty, integrity and concern for the health, safety and well-being of its residents. Hearing (2) Unless the municipality maintaining and operating the municipal home, each of the municipalities maintaining and operating the joint home or the board of management of the municipal home, as the case may be, has consented to the exercise of the Director’s power under subsection (1), the Minister, before the power is exercised, shall cause a hearing to be held to determine whether it should be exercised. Person conducting hearing (3) The Minister shall appoint a person who is not an employee of the Ministry to conduct the hearing. Procedure (4) Sections 17, 18, 19 and 20 of the Statutory Powers Procedure Act do not apply to a hearing under this section. Report to Minister (5) The person conducting the hearing under this section shall give the Minister a report setting out, (a) recommendations as to the carrying out of the proposal; (b) the findings of fact, the information and the knowledge used in making the recommendations; and (c) the conclusions of law arrived at that are relevant to the recommendations. Copy of report (6) The person conducting the hearing under this section shall give a copy of the report to the municipality maintaining and operating the municipal home, each of the municipalities maintaining and operating the joint home or the board of management of the municipal home, as the case may be. Minister’s decision (7) After considering a report provided under subsection (5), the Minister may direct the Director to exercise the power under subsection (1) and shall give the municipality maintaining and operating the municipal home, each of the municipalities maintaining and operating the joint home or the board of management of the municipal home, as the case may be, written notice of their decision respecting the exercise of the power together with written reasons for the decision.
141 (1) Despite section 140, on notice to the municipality maintaining and operating the municipal home, each of the municipalities maintaining and operating the joint home or the board of management of the municipal home, as the case may be, the Director may provisionally exercise the power under subsection 140 (1) without a hearing if, in the Director’s opinion, it is necessary to do so to avert an immediate threat to a person’s health, safety or well-being. Content of notice (2) The notice to the municipality, municipalities or board of management under subsection (1) shall set out, (a) the Director’s opinion on which the provisional exercise of the power is based; and (b) the reasons for the Director’s opinion. Continuation of exercise of power (3) As soon as possible after a power is exercised under subsection (1), the procedure set out in subsections 140 (2) to (7) shall be followed to determine whether the power should continue to be exercised.
142 (1) The following apply when control is taken of a municipal home or joint home under section 139 or 140: 1. The Director has all of the powers of the municipality, municipalities or board of management, as the case may be, to occupy, manage, operate and administer the home, and they do not have those powers. 2. The following provisions apply, with necessary modifications, with respect to the operation and management of the home by the Director, i. paragraphs 2 to 7 of subsection 159 (10), and ii. section 160. Occupation of premises (2) Without limiting the generality of subsection (1), the Director, (a) despite sections 25 and 39 of the Expropriations Act, may immediately occupy, operate and manage the municipal home or joint home or arrange for it to be occupied, operated and managed by a person or entity designated by the Director; and (b) may apply without notice to the Superior Court of Justice for an order directing the sheriff to assist the Director or the person or entity designated by the Director in occupying the home or joint home. Maximum period (3) The Director shall not occupy, operate or manage a municipal home or joint home, or arrange for it to be occupied, operated or managed by a person or entity designated by the Director, for a period exceeding one year without the consent of the municipality that maintained and operated the home, the municipalities that maintained and operated the joint home or the board of management of the home, as the case may be. Authorization of Minister (4) Despite subsection (3), the Director may occupy, operate and manage a municipal home or joint home, or arrange for it to be occupied, operated and managed by a person or entity designated by the Director, for a period exceeding one year if the Minister so authorizes, and the Minister may authorize an extension of the period from time to time.
143 (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) clarifying the application of Part VIII to this Part; (b) providing additional or alternate rules governing approvals under this Part; (c) governing boards of management under sections 128 and 132, including, without limiting the generality of the foregoing, (i) establishing a board of management as a corporation and governing the operation of boards of management as corporations, including prescribing provisions of the Not-for-Profit Corporations Act, 2010 that apply to such boards and modifications to such provisions as they apply to such boards, and (ii) for boards of management under section 128, providing for the division of each territorial district into areas, the appointment of members of boards of management, representing the areas to each board having regard to the proportionate distribution amongst the areas of population and assessment of rateable property and providing for the further appointment by the Lieutenant Governor in Council of members at large to the boards of management; (d) prescribing the percentage or limit for the purpose of subsections 129 (3), (5) and (6); (e) respecting the specification of times by which payments required under sections 129 and 130 must be made; (f) prescribing any circumstances, restrictions or requirements related to borrowing under sections 129 and 130; (g) providing for and governing any transitional matters the Lieutenant Governor in Council considers necessary or advisable in connection with borrowing under sections 129 and 130; (h) 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. Same (3) The Lieutenant Governor in Council may make regulations dividing any territorial district into two or more parts for the purposes of this Part and, where the Lieutenant Governor in Council has done so, each of the parts shall be deemed to constitute a territorial district for the purposes of this Part. PART X   COMPLIANCE AND ENFORCEMENT Inspections
144 (1) The Minister may appoint inspectors for the purposes of this Act. Director is an inspector (2) The Director is, by virtue of office, an inspector. Certificate of appointment (3) The Minister shall issue to every inspector a certificate of appointment which the inspector shall produce, upon request, when acting in the performance of their duties.
145 An inspector may conduct inspections for the purpose of ensuring compliance with requirements under this Act.
146 Every long-term care home shall be inspected at least once a year.
147 No notice shall be given of, (a) any inspection required under section 146; or (b) any other inspection of a long-term care home, subject to any exceptions provided for in the regulations.
148 Where an inspection is required under section 146, the inspector may meet with the Residents’ Council or the Family Council, if requested or permitted to do so by the Council.
149 (1) An inspector may at any reasonable time enter a long-term care home, or place operated in connection with the home and providing services to it, in order to conduct an inspection. Dwellings (2) No inspector shall enter a place that is not in a long-term care home and that is being used as a dwelling, except with the consent of the occupier of the place or under the authority of a warrant.
151 (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 section 150, if the justice of the peace is satisfied on information under oath that, (a) the inspector has been prevented from entering a long-term care home, or place operated in connection with the home and providing services to it, or has been prevented from exercising a power under subsection 150 (1); (b) there are reasonable grounds to believe that the inspector will be prevented from entering a long-term care home, or place operated in connection with the home and providing services to it, or will be prevented from exercising a power under subsection 150 (1); or (c)   there are reasonable grounds to believe that an offence against this Act or the regulations has been or is being committed. Expiry of warrant (2) A warrant issued under this section shall name a date on which it expires, which shall not be later than 30 days after the warrant is issued. 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 30 days, upon application without notice by the inspector named in the warrant. 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. 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. Other matters (6) Subsections 150 (2) to (9) apply, with necessary modifications, with respect to the exercise, under a warrant issued under this section, of the powers mentioned in subsection (1).
152 (1) After completing an inspection, an inspector shall prepare an inspection report and give a copy of the report to the licensee and to the Residents’ Council and the Family Council, if any. Summaries to Councils (2) Where the inspection is required under section 146, the inspector shall prepare a summary of the inspection report and provide it to the Residents’ Council and the Family Council, if any. All non-compliance to be documented (3) If the inspector finds that the licensee has not complied with a requirement under this Act, the inspector shall document the non-compliance in the inspection report.
153 Every person is guilty of an offence who, (a) hinders, obstructs or interferes with or attempts to hinder, obstruct or interfere with an inspector conducting an inspection, or otherwise impedes an inspector in carrying out the inspector’s duties; (b) destroys or alters a record or other thing that has been demanded under clause 150 (1) (c); or (c) fails to do anything required under subsection 150 (3) or (4). Enforcement
154 (1) If an inspector finds that a licensee has not complied with a requirement under this Act, the inspector shall do at least one of the following as the inspector considers appropriate: 1. Issue a written notification to the licensee. 2. Make an order under section 155. 3. Issue a notice of administrative penalty under section 158. 4. Issue a written notification to the licensee and refer the matter to the Director for further action by the Director. Where non-compliance remedied in certain cases (2) Despite subsection (1), where, during an inspection, an inspector finds that the licensee has not complied with a requirement under this Act but remedied the non-compliance prior to the conclusion of the inspection, and the inspector is satisfied that the non-compliance caused no harm and created no risk or minimal risk of harm to a resident, the inspector is not required to take an action under subsection (1), however the inspector shall document the findings in accordance with subsection 152 (3), as well as the remedy. Vicariously liable (3) Where an inspector finds that a staff member has not complied with subsection 28 (1) or 30 (1), the licensee shall be deemed to have not complied with the relevant subsection and the inspector shall do at least one of the actions set out in subsection (1) as the inspector considers appropriate.
155 (1) An inspector or the Director may order a licensee to, (a) do anything, or refrain from doing anything, to achieve compliance with a requirement under this Act; (b) prepare, submit and implement a written plan for achieving compliance with a requirement under this Act; (c) arrange for staff specified in the order to receive training provided for in the regulations from providers set out in the regulations; or (d) allow employees of the Ministry, or agents or contractors acting under the authority of the Ministry, to perform any work or activity at the long-term care home that is necessary, in the opinion of the person making the order, to achieve compliance with a requirement under this Act and to pay the reasonable costs of the work or activity. Grounds (2) An order may be made under clause (1) (a), (b) or (c) if the licensee has not complied with a requirement under this Act. Same (3) An order may be made under clause (1) (d) if, (a) the licensee has not complied with a requirement under this Act; and (b) there are reasonable grounds to believe that the licensee will not or cannot perform the work or activity necessary to achieve compliance. Licensee must co-operate (4) If an order is made under this section respecting work or an activity to be performed at a long-term care home, the licensee shall co-operate with and give reasonable assistance to the persons performing the work or activity. Recovery of costs (5) The Minister may, (a) recover the reasonable costs of any work or activity performed under this section by withholding an amount from the funding that would otherwise be provided to the licensee under this Act; or (b) direct the Agency, if it provides funding to the licensee under the Connecting Care Act, 2019 to withhold from such funding an amount equal to the reasonable costs of any work or activity performed under this section. Compliance by Agency (6) The Agency shall comply with a direction of the Minister under clause (5) (b).
156 (1) The Director may order, (a) that a specified amount of funding provided to or collected by the licensee under this Act be returned or paid by the licensee; (b) that a specified amount of funding be withheld from the funding that would otherwise be provided to the licensee under this Act; (c) that a specified amount of funding provided to the licensee by a local health integration network under the Local Health System Integration Act, 2006 or by the Agency under the Connecting Care Act, 2019 be returned by the licensee; or Note: On a day to be named by proclamation of the Lieutenant Governor, clause 156 (1) (c) of the Act is amended by striking out “by a local health integration network under the Local Health System Integration Act, 2006 or”. (See: 2021, c. 39, Sched. 1, s. 203 (21)) (d) that the Agency, if it provides funding to the licensee under the Connecting Care Act, 2019, withhold a specified amount from funding. Grounds (2) An order may be made under this section if a licensee has not complied with a requirement under this Act. Limit on amount (3) The amount of funding to be returned, paid or withheld shall not exceed, for each day on which the non-compliance continues, $100 for each bed at the home. Determination of amount (4) In determining the amount of funding to be returned, paid or withheld, the Director shall take into account the following principles: 1. The licensee should not gain from the non-compliance. 2. If the non-compliance reduces the value of the care and services provided by the licensee, the amount of funding returned, paid or withheld should be at least equal to the reduction in value. 3. The amount of funding returned, paid or withheld should be sufficient to encourage compliance with the requirement under this Act. 4. Any other principles that may be provided for in the regulations. Agreements (5) Subject to any limitations provided for in the regulations, the Director and a licensee against whom an order has been or may be made under this section may enter into an agreement that, (a) identifies the non-compliance in respect of which the order has been or may be made; (b) requires the licensee to take steps specified in the agreement within the time specified in the agreement; and (c) subject to any limitations provided for in the regulations, provides that the order be cancelled or not be made or the amount of funding to be returned, paid or withheld be reduced. Compliance by Agency (6) The Agency shall comply with an order of the Director under clause (1) (d). Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 1, s. 203 (21) - not in force
157 (1) The Director may order a licensee to retain, at the licensee’s expense, one or more persons acceptable to the Director to act as managers of the long-term care home or to assist in managing the long-term care home. Responsibility of manager (2) In making an order under subsection (1), the Director may require the licensee to retain a manager to, (a) manage or assist in managing the entire operations of the long-term care home; or (b) manage or assist in managing a specific issue related to the operation of the long-term care home. Grounds (3) An order may be made under this section if, (a) the licensee has not complied with a requirement under this Act; (b) there are reasonable grounds to believe that the licensee cannot or will not properly manage the long-term care home, or cannot do so without assistance; (c) there are circumstances present in the long-term care home that are prejudicial to the health, safety or welfare of residents; or (d) there is an emergency in the long-term care home, or a situation comparable to an emergency, such as an outbreak of disease of public health significance, a communicable disease as defined in the Health Protection and Promotion Act or a pandemic.
161 (1) If the Minister has reasonable grounds to believe that a long-term care home is being operated or will be operated in a manner that is prejudicial to the health, safety or welfare of its residents, the Minister may make an order suspending the licence for the home. Application of other provisions, etc. (2) Subject to the regulations and subsection (3), where the Minister makes an order under subsection (1), sections 159 to 177 apply with necessary modifications. Appointment of supervisor (3) Where the Minister makes an order under subsection (1) and makes a recommendation, the Lieutenant Governor in Council may appoint a person as a long-term care home supervisor where the Lieutenant Governor in Council considers it in the public interest to do so. Who may be appointed (4) For the purposes of subsection (3), the Lieutenant Governor in Council may appoint any person permitted to be a long-term care home supervisor under subsection 159 (9). Term of appointment (5) The appointment of the long-term care home supervisor is valid until termination by the Lieutenant Governor in Council. Provisions re supervisor (6) Unless the appointment provides otherwise, the provisions under subsections 159 (10) and (11) apply to a long-term care home supervisor appointed under this section. Same (7) The Lieutenant Governor in Council may specify the powers and duties of a long-term care home supervisor appointed under this section and the terms and conditions governing those powers and duties. Minister’s directions (8) The Minister may issue directions to a long-term care home supervisor with regard to any matter within the jurisdiction of the supervisor. Directions to be followed (9) The long-term care home supervisor shall carry out every direction of the Minister. Public interest (10) In making a decision in the public interest under subsection (3), the Lieutenant Governor in Council may consider any matter they regard as relevant including, without limiting the generality of the foregoing, (a) the quality of the management and administration of the long-term care home; (b) the availability of financial resources for the management of the long-term care home and for the delivery of the necessary programs and services; (c) the accessibility to health services in the community where the long-term care home is located; and (d) the quality of the care and treatment of residents.
162 (1) The authority to make an order or issue a notice under sections 155 to 161 against a licensee who has not complied with a requirement under this Act applies regardless of the following, and they shall not be considered in deciding whether to exercise the authority: 1. Whether the licensee took all reasonable steps to prevent the non-compliance. 2. Whether, at the time of the non-compliance, the licensee had an honest and reasonable belief in a set of facts that, if true, would have resulted in there not being any non-compliance. Same, decisions (2) The authority to make a decision under subsection 169 (6) or section 170 may be exercised regardless of the following, and they shall not be considered in deciding what decision to make: 1. Whether the licensee took all reasonable steps to prevent the non-compliance. 2. Whether, at the time of the non-compliance, the licensee had an honest and reasonable belief in a set of facts that, if true, would have resulted in there not being any non-compliance.
163 More than one order or notice under sections 155 to 161 may be made or issued in respect of the same instance of non-compliance with a requirement under this Act.
164 An order may be made or a notice issued under sections 155 to 161 despite any other measures taken under the Local Health System Integration Act, 2006 or the Connecting Care Act, 2019, in respect of the same instance of non-compliance with a requirement under this Act. Note: On a day to be named by proclamation of the Lieutenant Governor, section 164 of the Act is amended by striking out “the Local Health System Integration Act, 2006
or”. (See: 2021, c. 39, Sched. 1, s. 203 (22)) Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 1, s. 203 (22) - not in force
165 An order or a notice under sections 155 to 161 in respect of non-compliance with a requirement under this Act does not affect the liability of any person to conviction for an offence arising from the non-compliance.
166 (1) An order or a notice under sections 155 to 161, (a) must be in writing; (b) must set out the grounds upon which it is made or issued; (c) must set out, if there is a right under section 169 to have it reviewed, a statement of that right and an explanation of how to exercise that right, including the deadline for requesting a review; (d) must set out, if there is a right of appeal under section 170, a statement of that right and an explanation of how to exercise that right, including the deadline for the appeal; and (e) must be served on the licensee against whom it is made or issued. Additional content, notices (2) A notice of administrative penalty shall set out, in accordance with the regulations, the amount of the penalty to be paid, and shall specify the time and manner of the payment.
167 (1) Subject to subsection (2), a certified copy of an order under sections 155 to 161 or a Director’s decision under subsection 169 (6) may be filed with a local registrar of the Superior Court of Justice and on filing is deemed to be an order of that court and is enforceable as an order of that court. Same (2) An order or decision filed under subsection (1) may only be filed upon the expiry of the period for reviewing the order under subsection 169 (2) or appealing the order or decision under section 171 or 176, as the case may be.
168 (1) Every person is guilty of an offence who fails to comply with an order under sections 155 to 161. No imprisonment or probation (2) Despite anything else in this Act, a person convicted of an offence under subsection (1) is not liable to imprisonment or to a probation order under subsection 72 (1) of the Provincial Offences Act as a result of the conviction or as a result of default in payment of the fine resulting from the conviction. Due diligence, mistake not a defence (3) It is not a defence to a charge under subsection (1) that the person took all reasonable steps to prevent the non-compliance, or at the time of the failure, the person had an honest and reasonable belief in a set of facts that, if true, would have resulted in there not being any non-compliance. Reviews and Appeals
169 (1) A licensee against whom an order is made by an inspector under section 155 or against whom a notice of administrative penalty is issued by an inspector under section 158 may request the Director to review the order or notice of administrative penalty. When and how request to be made (2) The request for review must be in writing and shall be served on the Director within 28 days from the day the order or notice was served on the licensee. Contents of request for review (3) The request for review must include, (a) the portions of the order or notice of administrative penalty in respect of which the review is requested; (b) any submissions that the licensee wishes the Director to consider; and (c) an address for service for the licensee. No automatic stay pending review of an order (4) Despite section 25 of the Statutory Powers Procedure Act, a request for a review does not stay an order unless the Director orders otherwise in writing upon being satisfied that a stay will not cause harm or a risk of harm to a resident. Stay, administrative penalty (5) If a licensee requests a review of a notice of administrative penalty, the requirement to pay is stayed until the disposition of the review. Director’s decision (6) On a review of an order or notice of administrative penalty, the Director may rescind, confirm or alter the order or notice, and the Director may substitute their own order or notice for that of the inspector. Reduction of administrative penalty (7) In confirming or altering a notice of administrative penalty, the Director may find that the penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances, and in that case shall reduce the amount of the penalty. Serving decision (8) The Director shall serve the Director’s decision, including reasons if the order or notice of administrative penalty is confirmed or altered, on, (a) the licensee; and (b) the Agency if it provides funding to the licensee under the Connecting Care Act, 2019, in respect of a decision that relates to an order made under clause 155 (1) (d). Automatic confirmation of order (9) If the Director does not serve the licensee with a copy of the Director’s decision within 28 days of receiving the request for review, the Director shall be deemed to have confirmed the order or notice of administrative penalty and, for the purposes of an appeal to the Appeal Board by the licensee, the Director shall be deemed to have served the licensee with a copy of that decision on the expiry of the 28-day period.
170 A licensee may appeal any of the following to the Appeal Board: 1. An order made by the Director under sections 155 to 159 and, subject to the regulations, if any, an order made by the Minister under section 161. 2. A notice of administrative penalty issued by the Director under section 158. 3. A decision of the Director under section 169.
171 To appeal to the Appeal Board, the licensee shall give the Appeal Board and the Director a notice of appeal within 28 days from the day the licensee was served with a copy of the order, notice of administrative penalty or decision that is being appealed from.
172 (1) Despite section 25 of the Statutory Powers Procedure Act, an appeal to the Appeal Board does not stay an order or decision unless the Appeal Board orders otherwise in writing upon being satisfied that a stay will not cause harm or a risk of harm to a resident. Exception (2) Subsection (1) does not apply with respect to an order to suspend or revoke a licence under subsection 159 (1) or to suspend a licence under subsection 161 (1), but does apply with respect to an order under subsection 159 (5). Applying to remove stay — new circumstances (3) The Director may apply for the removal of a stay ordered by the Appeal Board under subsection (1) on the grounds that the circumstances have changed since the order was made. Removal of stay (4) Where the Director has applied under subsection (3) and the Appeal Board is satisfied that the circumstances have changed, it shall remove the stay unless it is satisfied that continuing the stay will not cause harm or a risk of harm to a resident. Stay, administrative penalty (5) If a licensee appeals to the Appeal Board a notice of administrative penalty issued by the Director under section 158 or a decision of the Director under section 169 respecting a notice of administrative penalty, the requirement to pay is stayed until the disposition of the appeal.
173 The parties to an appeal are, (a) the licensee; (b) the Director; and (c) in the case of an appeal from an order made under section 156, the Agency if it provides funding to the licensee under the Connecting Care Act, 2019.