59 (1) In this section, “approved services” means facility services provided by a long-term care facility and community services provided by a service provider and includes services for which funding is provided under section 28.5; (“services approuvés”) “facility services” means accommodation, care, services, programs and goods provided to residents of long-term care facilities; (“services en établissement”) “long-term care facility” means a long-term care home under the Fixing Long-Term Care Act, 2021. (“établissement de soins de longue durée”)  1994, c. 26, s. 59 (1); 2007, c. 8, s. 215 (3); 2016, c. 30, s. 40 (3); 2021, c. 39, Sched. 2, s. 11. Subrogation (2) If a person suffers personal injuries as a result of the negligence or other wrongful act or omission of another, the Minister is subrogated to the right of the injured person to recover the cost incurred and the cost that will probably be incurred for approved services received or to be received by the injured person as a result of the injuries.  1994, c. 26, s. 59 (2). Payment by Minister recoverable by injured person (3) For the purpose of subsection (2), payment by the Minister for approved services shall not be construed to affect the right of the injured person to recover the cost of those services, and the injured person may recover the amounts paid by the Minister in the same manner as if those amounts had been paid or are to be paid by the injured person.  1994, c. 26, s. 59 (3). Cost of community service (4) For the purpose of this section, the cost of a community service provided by a service provider shall be calculated at the rate charged for the community service by the service provider to a person who is not eligible for the community service under this Act.  1994, c. 26, s. 59 (4). Cost of facility services (5) For the purpose of this section, the cost of facility services provided by a long-term care facility shall be calculated at the long-term care facility’s daily rate, as determined under the regulations.  1994, c. 26, s. 59 (5). Proceeding (6) The Minister may bring a court proceeding in his or her own name or in the name of the injured person for the recovery of the costs referred to in subsection (2).  1994, c. 26, s. 59 (6). Subrogated claim to be included in proceeding (7) A person who brings a court proceeding to recover damages resulting from the negligence or other wrongful act or omission referred to in subsection (2) shall, (a)  notify the Minister of the proceeding; and (b)  include a claim on behalf of the Minister for recovery of the costs referred to in subsection (2), unless the Minister directs otherwise in writing.  1994, c. 26, s. 59 (7). Recovery to be paid to Ontario (8) A person who recovers a sum of money in respect of a cost referred to in subsection (2) shall promptly pay the amount to the Minister of Finance.  1994, c. 26, s. 59 (8). Release or settlement (9) A release or settlement by the injured person does not bind the Minister unless the Minister has approved it.  1994, c. 26, s. 59 (9). Insurer to notify Minister (10) A liability insurer shall notify the Minister of negotiations for settlement of every claim for the cost of approved services.  1994, c. 26, s. 59 (10). Payment by insurer to Ontario (11) A liability insurer may pay to the Minister of Finance an amount referable to a claim for the cost of approved services, and the payment discharges the obligation of the liability insurer to pay the amount to the injured person.  1994, c. 26, s. 59 (11). Motor Vehicle Accident Claims Fund (12) The Minister is not an insurer for the purpose of section 22 of the Motor Vehicle Accident Claims Act and may be awarded payment from the Motor Vehicle Accident Claims Fund.  1994, c. 26, s. 59 (12). Compliance with regulations (13) The injured person shall comply with the provisions of the regulations relating to the enforcement of the right to which the Minister is subrogated under subsection (2) or relating to the recovery of a cost referred to in subsection (2).  1994, c. 26, s. 59 (13). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 215 (3)
- 01/07/2010 2016, c. 30, s. 40 (3)
- 08/12/2016 2021, c. 39, Sched. 2, s. 11 - 11/04/2022