jswizzle3737/ontario_laws_and_regs huggingface dataset:
174 (1) After receiving a notice of appeal, the Appeal Board shall promptly appoint a time and place for a hearing. When hearing to begin if licence revoked (2) In the case of an appeal of an order to revoke a licence under section 159, the hearing shall begin within 90 days after the day the Appeal Board receives the notice unless the parties agree to a postponement. When hearing to begin if licence suspended (3) In the case of an appeal of an order to suspend a licence under section 159 or 161, the hearing shall begin within 30 days after the day the Appeal Board receives the notice unless the parties agree to a postponement. Notice of hearing (4) The Appeal Board shall give each of the parties at least seven days notice of the time and place of the hearing. Recording of evidence (5) The oral evidence taken before the Appeal Board at a hearing shall be recorded and, if required, copies of a transcript of the evidence shall be furnished on the same terms as in the Superior Court of Justice. Health Insurance Act (6) Subsections 23 (1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Part.
175 (1) After a hearing, the Appeal Board may rescind, confirm or alter the order or decision of the Director, and may substitute its own opinion for that of the Director, and may direct the Director to take any action that the Appeal Board considers that the Director ought to take in accordance with this Act and the regulations. Same, administrative penalty (2) Despite subsection (1), after a hearing the Appeal Board may rescind, confirm or alter 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 according to what it considers reasonable in the circumstances, but the Board shall not vary the amount of the penalty unless it considers the amount to be unreasonable.
176 (1) Any party to the proceedings before the Appeal Board may appeal from its decision to the Divisional Court in accordance with the rules of court. No automatic stay on appeal to court (2) Despite section 25 of the Statutory Powers Procedure Act, an appeal to the Divisional Court does not stay the decision appealed from unless the Divisional Court orders otherwise upon being satisfied that a stay will not cause harm or a risk of harm to a resident. Applying to remove stay — new circumstances (3) The Director may apply for the removal of a stay ordered by the Divisional Court under subsection (2) 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 Divisional Court 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) Despite anything else in this section, if a party appeals a decision of the Appeal Board made under subsection 175 (2) to the Divisional Court, the requirement to pay is stayed until the disposition of the appeal. Record to be filed in court (6) Where any party appeals from a decision of the Appeal Board, the Appeal Board shall forthwith file in the Divisional Court the record of the proceedings before it in which the decision was made which, together with the transcript of evidence if it is not part of the Appeal Board’s record, shall constitute the record in the appeal. Powers of court on appeal (7) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the Appeal Board and may exercise all powers of the Appeal Board to direct the Director to take any action which the Appeal Board may direct him or her to take and as the court considers proper and for such purposes the court may substitute its opinion for that of the Director or of the Appeal Board, or the court may refer the matter back to the Appeal Board for rehearing, in whole or in part, in accordance with such directions as the court considers proper.
177 The sufficiency of the funding provided to a licensee from any source shall not be considered in any review or appeal under this Part. Miscellaneous and Access to Information
178 The Director may, in accordance with the regulations, recognize long-term care homes with an excellent record of compliance with the requirements under this Act.
179 The Minister shall make available to the public the information provided for in the regulations.
180 The Director shall publish, in any format or manner the Director considers appropriate, (a) every direction under subsection 56 (1); (b) every inspection report under section 152; (c) every order under this Part; (d) every written notification under subsection 154 (1); (e) every 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); and (f) any information specified by the Director about administrative penalties issued under this Act and about convictions and penalties imposed on conviction.
181 (1) In any proceeding, other than a prosecution, a copy of an order, decision or inspection report made under this Act or the regulations that appears to be signed by an inspector or the Director is admissible as evidence of the order, decision or inspection report and of the facts appearing in the document without further proof. Same (2) In any proceeding, other than a prosecution, a copy of a record or thing made under clause 150 (1) (b) that appears to be certified as a true copy of the original by an inspector or the Director is admissible as evidence of the record or thing and of the facts appearing in it without further proof. Same, prosecution (3) In any prosecution, a copy of an order, decision or inspection report made under this Act or the regulations that appears to be signed by an inspector or the Director, is admissible as evidence, in the absence of evidence to the contrary, of the order, decision or inspection report and of the facts appearing in the document without further proof. Same (4) In any prosecution, a copy of a record or thing made under clause 150 (1) (b) that appears to be certified as a true copy of the original by an inspector or the Director is admissible as evidence, in the absence of evidence to the contrary, of the record or thing and of the facts appearing in it without further proof. Admissibility of certain documents (5) In any proceeding, a certificate as to the result of an examination or test conducted under clause 150 (1) (f) that states the name and qualifications of the person who conducted the examination or test and that appears to be signed by that person is, without further proof of the office or signature of that person, admissible as evidence, in the absence of evidence to the contrary, of the facts stated in the certificate, if the certificate has been served on the other parties to the proceeding within a reasonable time before the certificate is adduced.
182 The Director, an inspector or a person who, at the request of an inspector, accompanies an inspector, or a person who makes an examination, test, inquiry or takes samples at the request of an inspector, is not a compellable witness in a civil suit or any proceeding unrelated to the administration of Part X of this Act, except an inquest under the Coroners Act, a proceeding, inquiry or investigation under the Ombudsman Act or a proceeding, inquiry, investigation or audit of an officer of the Assembly acting under any other Act, respecting any information, material, statement or test acquired, furnished, obtained, made or received under this Act or the regulations.
183 (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) governing the actions to be taken by an inspector under subsection 154 (1) and the orders to be made by an inspector or Director under sections 155 to 159, including, without limiting the generality of the foregoing, specifying factors to be taken into account in determining what actions to take or orders to make, and specifying how such factors are to be taken into account; (b) requiring the payment of, and governing the charging of fees for, inspections; (c) governing administrative penalties under this Act and respecting all matters concerning the administration of a system of administrative penalties under this Act; (d) governing the occupation and operation of a long-term care home by a long-term care home supervisor pursuant to an order under section 159, including, without limiting the generality of the foregoing, (i) governing the continuation or non-continuation of the employment of employees under subsection 160 (2), (ii) providing for any matters arising from the change in occupation and operation by the licensee to the occupation and operation by the long-term care home supervisor or from the cessation of the occupation and operation by the long-term care home supervisor, including matters relating to employees of the licensee or the supervisor, (iii) clarifying what “attributable” means for the purposes of sections 159 and 160, (iv) for the purposes of clause 160 (1) (a), making exemptions from any other provision under section 160 and specifying alternative or additional conditions and requirements in respect of the employment of employees and in respect of any other matter affected by section 160; (e) governing suspensions by the Minister under section 161, including clarifying and modifying the application of other provisions of this Act to such suspensions; (f) governing the reasonable compensation that may be provided under paragraph 6 of subsection 159 (10); (g) 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 XI   ADMINISTRATION, MISCELLANEOUS
184 (1) The Minister may issue operational or policy directives respecting long-term care homes where the Minister considers it to be in the public interest to do so. Public interest (2) In deciding to issue an operational or policy directive, the Minister may consider any matter that the Minister regards as relevant, and without limiting the generality of the foregoing, may consider, (a) the proper management and operation of long-term care homes in general; (b) the availability of financial resources for the management and operation of the long-term care home system and for the delivery of long-term care home services; and (c) the quality of care and treatment of residents within long-term care homes generally. Binding on licensees (3) Every licensee of a long-term care home shall carry out every operational or policy directive that applies to the long-term care home. General or particular (4) An operational or policy directive of the Minister may be general or particular in its application, but may not be made with respect to one particular home or licensee. Non-application of Legislation Act, 2006 (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to operational or policy directives. Public availability (6) The Minister shall make every operational or policy directive available to the public. Law prevails (7) For greater certainty, in the event of a conflict between an operational or policy directive issued under this section and another requirement under this Act, a provision of any applicable Act, or rule of any applicable law, the requirement, Act or rule prevails.
185 (1) The Minister may appoint one or more persons as the Director. Regulations (2) The regulations may provide for which Director is the Director for the purposes of any provision of this Act or of the regulations.
186 The power to make orders under this Act includes the power to alter or revoke such orders from time to time and make others.
187 (1) The Minister and the Director may directly or indirectly collect personal information, subject to any conditions provided for in the regulations, for purposes related to the administration of this Act or for such other purposes as may be provided for in the regulations. Use of personal information (2) The Minister and the Director may use personal information, subject to any conditions provided for in the regulations, for purposes related to the administration of this Act or for such other purposes as may be provided for in the regulations. Disclosure (3) The Minister and the Director shall disclose personal information subject to any conditions provided for in the regulations for purposes related to the administration of this Act or for such other purposes as may be provided for in the regulations, but the Minister or the Director shall not disclose the information if, in their opinion, the disclosure is not related to those purposes. Power of Director, Minister or inspector to disclose (4) The Minister, the Director or an inspector may communicate or allow to be communicated or disclosed information acquired, furnished, obtained, made or received under this Act or the regulations. Agreements (5) Subject to any conditions provided for in the regulations, the Minister may enter into agreements to collect, use or disclose personal information for purposes related to the administration of this Act or for such other purposes as may be provided for in the regulations. Confidentiality (6) An agreement under subsection (5) shall provide that personal information collected, used or disclosed under it is confidential and shall require mechanisms for maintaining the confidentiality of the information.
188 (1) A person who owns or operates a place that is not a long-term care home shall not describe the place as a “long-term care home”, “nursing home”, “home for the aged” or by a term that may cause confusion with one of those terms. Offence (2) Every person who contravenes subsection (1) is guilty of an offence.
189 A person or a member of a class of persons designated by the Minister as a commissioner or commissioners for taking affidavits for the purposes of this Act is a commissioner for taking affidavits within the meaning of the Commissioners for Taking Affidavits Act with power to take affidavits and statutory declarations for the purposes of this Act.
190 Anything that is required to be served under this Act may be served personally or by a method provided for under the regulations.
191 (1) No action or other proceeding, other than an application for judicial review under the Judicial Review Procedure Act or any right of appeal or review that is permitted under this Act, shall be commenced against the Crown, the Minister or any other Minister of the Crown, the Director, a long-term care home supervisor or any staff of a long-term care home supervisor, or any employee or agent of the Crown, including a local health integration network and the Agency, or any officer, director or employee of a local health integration network or the Agency, for anything done or omitted to be done in good faith in the execution or intended execution of a power or duty under this Act. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 191 (1) of the Act is amended by striking out “including a local health integration network and the Agency, or any officer, director or employee of a local health integration network or the Agency” and substituting “including the Agency, or any officer, director or employee of the Agency”. (See: 2021, c. 39, Sched. 1, s. 203 (23)) No remedy (2) Despite any other Act or law, no costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person against the Crown, the Minister or any other Minister of the Crown, the Director, a long-term care home supervisor or any staff of a long-term care home supervisor, or any employee or agent of the Crown, including a local health integration network and the Agency, or any officer, director or employee of a local health integration network or the Agency, in connection with anything referred to in subsection (1), except as provided for under this Act. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 191 (2) of the Act is amended by striking out “including a local health integration network and the Agency, or any officer, director or employee of a local health integration network or the Agency” and substituting “including the Agency, or any officer, director or employee of the Agency”. (See: 2021, c. 39, Sched. 1, s. 203 (24)) Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 1, s. 203 (23, 24) - not in force
195 (1) The Minister may decide that the procedures set out in section 194 shall apply to a regulation that is not the initial regulation with respect to a matter if the Minister decides that it is advisable in the public interest to do so, and in such a case section 194 applies with necessary modification. No review (2) A court shall not review any decision by the Minister under this section as to whether or not to make the procedures set out in section 194 apply to a regulation.
196 (1) A regulation under this Act is, if it so provides, effective with reference to a period before it is filed. Same (2) A regulation under this Act may be general or particular in its application. Incorporation by reference (3) A regulation under this Act may adopt by reference, in whole or in part and with such changes as are considered necessary, any code, standard, guideline or similar document and may require compliance with the code, standard or guideline. Rolling incorporation by reference (4) Where a regulation has adopted by reference any code, standard, guideline or similar document that is made by a body that is not part of the Government of Ontario, the regulation may require compliance with the code, standard or guideline as amended from time to time, whether the amendment was made before or after the regulation was made. PART XII   TRANSITIONAL
197 (1) Any actions or orders made by an inspector or the Director under sections 152, 153, 154, 155 and 156 of the Long-Term Care Homes Act, 2007 continue to be in effect until the action or order is complied with or expires. Licensee must comply (2) A licensee is required to continue to comply with any actions or orders as referred to in subsection (1).
198 (1) Where the Director has made an order providing for the long-term care home to be occupied and operated by an interim manager under subsection 157 (4) of the Long-Term Care Homes Act, 2007 that was in effect immediately before the coming into force of this section, that order continues until the revocation of the licence becomes effective and the residents of the home are relocated. Supervisor (2) For the purposes of subsection (1), all references in the order under subsection 157 (4) of the Long-Term Care Homes Act, 2007 to “interim manager” shall be read as “long-term care home supervisor”.
199 (1) On the day this section comes into force, each existing licence under the Long-Term Care Homes Act, 2007 shall be deemed to have been replaced with a licence under this Act. Same home, same number of beds (2) A replacement licence under subsection (1) shall be for the same home and the same number of beds as was licensed under the Long-Term Care Homes Act, 2007. Term of replacement licence (3) The term of a replacement licence under subsection (1) shall be the same term as the licence under the Long-Term Care Homes Act, 2007 that it replaces, and the replacement licence expires on the same expiry date.
200 (1) On the day this subsection comes into force, every home established and maintained under Part VIII of the Long-Term Care Homes Act, 2007 shall be deemed to have been continued under an approval granted under Part IX of this Act. Same (2) In the case of a home being maintained by one or more municipalities, the approval shall be deemed to have been granted to the municipality or municipalities. Same (3) In the case of a home being maintained by a board of management, the approval shall be deemed to have been granted to the board of management.
201 Despite its repeal, clause 5 (1) (d) of the Charitable Institutions Act shall continue to apply with respect to a change in the use of, or sale or other disposition of, a long-term care home that was an approved charitable home for the aged under that Act before it was repealed.
202 Despite its repeal, subsection 14 (2) of the Homes for the Aged and Rest Homes Act shall continue to apply with respect to a sale or other disposition of a long-term care home that was a home or joint home under that Act before it was repealed. PART XIII (OMITTED) 203 Omitted (provides for amendments to this Act). PART XIV (OMITTED) 204 Omitted (amends, repeals or revokes other legislation). PART XV (OMITTED) 205 Omitted
(provides for coming into force of provisions of this Act). 206 Omitted (enacts short title of this Act). ______________  Français