jswizzle3737/ontario_laws_and_regs huggingface dataset:
Director’s function
2. (1) The Director shall exercise general supervision over the administration of this Act and the regulations and carry out such other duties as are assigned to him or her by this Act or the regulations. R.S.O. 1990, c. H.13, s. 2 (1). Absence, etc. (2) Where the Director is absent or there is a vacancy in the office, the powers and duties of the Director shall be exercised and performed by such employee of the Ministry of Health as the Minister designates. R.S.O. 1990, c. H.13, s. 2 (2); 1994, c. 26, s. 73 (2). Delegation of functions (3) The Director, with the consent in writing of the Deputy Minister of Health, may authorize any employee or class of employee of the Ministry of Health to exercise and discharge any of the powers conferred or the duties imposed upon the Director under this Act or the regulations. R.S.O. 1990, c. H.13, s. 2 (3); 1994, c. 26, s. 73 (3). Establishment of homes
Home for the aged, rest homes
3. (1) Except as otherwise provided in subsection (2) or in section 7, every municipality not in a territorial district and The District Municipality of Muskoka shall establish and maintain a home for the aged. 2002, c. 17, Sched. F, Table. Joint homes (2) Instead of establishing separate homes, the councils of two or more municipalities described in subsection (1) may, with the approval in writing of the Minister, enter into an agreement to establish and maintain a joint home for the aged. 2002, c. 17, Sched. F, Table. Rest homes (3) Except as otherwise provided in subsection (4) or in section 7, any municipality not in a territorial district and The District Municipality of Muskoka may, and any lower-tier municipality not in a regional municipality may, with the prior approval of its upper-tier municipality, establish and maintain a rest home. 2002, c. 17, Sched. F, Table. Joint homes (4) Instead of establishing separate rest homes, the councils of two or more municipalities not in a territorial district and The District Municipality of Muskoka or the councils of any two or more lower-tier municipalities in one or more upper-tier municipalities that are not regional municipalities may, with the approval in writing of the Minister, enter into an agreement to establish and maintain a joint rest home. 2002, c. 17, Sched. F, Table.
Homes and joint homes in territorial districts
4. (1) A municipality that has a population of more than 15,000 and that is located in a territorial district may, with the written approval of the Minister, establish and maintain a home, or the council of any such municipality and the councils of one or more other municipalities in the same territorial district may, with the approval in writing of the Minister, enter into an agreement to establish and maintain a joint home. R.S.O. 1990, c. H.13, s. 4. Exception (2) Subsection (1) does not apply to The District Municipality of Muskoka. 2002, c. 17, Sched. F, Table.
Homes and joint homes, establishment by Indian bands
5. The council of the band may, (a) establish and maintain a home; or (b) enter into an agreement with the councils of one or more other bands to establish and maintain a joint home, with the approval in writing of the Minister. R.S.O. 1990, c. H.13, s. 5.
Homes in districts; establishment, etc.
6. (1) When a by-law authorizing the establishment and maintenance of a home under a board of management has been passed by a majority of the municipalities in a territorial district, all of the municipalities in the district shall contribute to its establishment and maintenance. R.S.O. 1990, c. H.13, s. 6 (1). Transmission of by-law (2) When a by-law under subsection (1) is passed, a certified copy thereof shall be transmitted forthwith to the Minister. R.S.O. 1990, c. H.13, s. 6 (2). Where a home established under s. 4 (3) Where a home or a joint home is established and maintained under section 4, the municipality or municipalities that establish and maintain it shall be deemed not to be within the territorial district for the purposes of this section and sections 24 to 26. R.S.O. 1990, c. H.13, s. 6 (3). Exception (4) This section does not apply to The District Municipality of Muskoka. 2002, c. 17, Sched. F, Table.
Provision for admission to and care in existing home
7. Despite sections 3, 4 and 6, the council of any municipality not having a home and not participating in a joint home may, with the approval in writing of the Minister, enter into an agreement with the council of a municipality having a home, the councils of the municipalities having a joint home, or the board of a home providing for admission thereto and maintenance therein of residents of the municipality. R.S.O. 1990, c. H.13, s. 7.
Committee of management, appointment
8. (1) The council of a municipality establishing and maintaining a 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 home or joint home. R.S.O. 1990, c. H.13, s. 8 (1). Composition (2) The composition of a committee of management and the qualifications and term of office of the members thereof shall be as prescribed by the regulations. R.S.O. 1990, c. H.13, s. 8 (2). Board of control (3)Where a home is established and maintained by a local 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. 2002, c. 17, Sched. F, Table. Rest home approved by county must have committee of management (4) Despite subsections (1) and (2), where the establishment of a rest home has been approved by the council of a county, there shall be a committee of management for the rest home. R.S.O. 1990, c. H.13, s. 8 (4); 2002, c. 17, Sched. F, Table.
Board of management, established
9. (1) A board of management shall be established which shall be a corporation for any home established and maintained by a band under section 5 or in a territorial district under section 6. R.S.O. 1990, c. H.13, s. 9 (1). Composition (2) The composition of each board of management and the qualifications and term of office of the members, including appointments to those boards by councils of municipalities, shall be as prescribed by the regulations. R.S.O. 1990, c. H.13, s. 9 (2). Idem (3) A home established under section 5 or 6 shall be vested in the board and the board shall have charge thereof. R.S.O. 1990, c. H.13, s. 9 (3). Idem (4) The Corporations Act does not apply to the board. R.S.O. 1990, c. H.13, s. 9 (4).
Homes established
10. A board of management appointed under section 9 may by lease or agreement entered into with the Minister maintain and operate a home established in the territorial district of the board by the Minister under section 14 of the Ministry of Community and Social Services Act, subject to the provisions of this Act and the regulations and upon such terms and conditions as may be agreed upon. R.S.O. 1990, c. H.13, s. 10.
Trust agreements
11. Where a municipality that establishes and maintains a home or joint home, or the board of management of a home established and maintained under section 5 or 6 or a home maintained and operated under an agreement with the Minister pursuant to section 10 enters into an agreement approved by the Director with a resident of the home to receive, hold and administer real or personal property of the resident in trust for certain purposes, the municipality or board may receive, hold and administer the property for the purposes of the agreement. R.S.O. 1990, c. H.13, s. 11. Staffing
Administrator
12. (1) Subject to subsection (2), the council of a municipality that establishes and maintains a home or the councils of municipalities that establish and maintain a joint home or the board of management of a home shall appoint an administrator for the home or joint home. 1997, c. 15, s. 8 (1). Temporary appointment (2) The council of a municipality that establishes and maintains a home or the councils of the municipalities that establish and maintain a joint home or the board of management of a home may appoint a person to act temporarily as administrator of the home or joint home for a period not exceeding one year. R.S.O. 1990, c. H.13, s. 12 (2). Staff, appointment (3) The council of a municipality that establishes and maintains a home, or the councils of the municipalities that establish and maintain a joint home or the board of management of a home shall appoint such staff as the regulations prescribe for the proper care and well-being of the residents. R.S.O. 1990, c. H.13, s. 12 (3). Medical care (4) The council of a municipality that establishes and maintains a home or the councils of the municipalities that establish and maintain a joint home or the board of management of a home shall appoint a legally qualified medical practitioner as the physician for the home or joint home who is responsible for the medical, paramedical and nursing care and services provided to the residents thereof. R.S.O. 1990, c. H.13, s. 12 (4); 1997, c. 15, s. 8 (2).
Evaluation and survey
13. Before selecting or acquiring a site or erecting or acquiring a building for use as a home or joint home, the municipality or band establishing the home or the municipalities, or bands establishing a joint home or the board of management of a home, as the case may be, shall, (a) evaluate the site in accordance with the regulations to determine whether it will best serve the programs of the home and the best interests of the prospective residents; and (b) conduct a survey of the community and review of population requirements in accordance with the regulations, and submit a report thereof to the Minister. R.S.O. 1990, c. H.13, s. 13.
Site and plans, etc., to be approved
14. (1) A building shall not be acquired, erected or altered for use as a home or joint home until the need for the home or joint home has been established to the satisfaction of the Minister and, (a) the site, selected and evaluated in accordance with the regulations; and (b) the plans therefor developed and prepared in accordance with the regulations, have been approved in writing by the Minister. R.S.O. 1990, c. H.13, s. 14 (1). Idem (2) There shall be no change in site and no sale or disposal of any part thereof and no alteration to or in any building or to the grounds of the home or joint home without the approval of the Minister. R.S.O. 1990, c. H.13, s. 14 (2). Supply of utilities
Agreement for connecting sewerage system
15. (1) The council of a municipality having a home, the councils of the municipalities participating in a joint home or the board of management of a home may enter into an agreement with the council of any municipality for connecting the home or joint home with the sewerage system of such municipality. R.S.O. 1990, c. H.13, s. 15 (1). Agreement for supplying water (2) The council of a municipality having a home, the councils of the municipalities participating in a joint home or the board of management of a home may enter into an agreement with the council of any municipality or person owning or operating a waterworks system for the supply of water for domestic purposes and for fire protection at the home or joint home. 1998, c. 15, Sched. E, s. 14. Agreement for supplying electricity (2.1) The council of a municipality having a home, the councils of the municipalities participating in a joint home or the board of management of a home may enter into an agreement with any person for the supply of electricity for light, heat or power purposes at the home or joint home. 1998, c. 15, Sched. E, s. 14. Power to carry necessary works over intervening lands (3) For the purpose of connecting such home or joint home with any such system or works, any lands or highways may be entered upon, passed over or dug up, sewers constructed, pipes laid down, poles or wires put in place and all work done in or upon such lands and highways as may be necessary, due compensation being made to the owners thereof as provided by the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be. R.S.O. 1990, c. H.13, s. 15 (3); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 25.
Debentures
16. A municipality may issue debentures, without the assent of the electors for raising such sums as may be necessary for the purchase of a site or for the erection of buildings for a home or joint home, or for the purchase of land to be used in connection therewith, or for any addition to or improvement of such buildings, or for the purpose of any system or works authorized by section 15. R.S.O. 1990, c. H.13, s. 16; 1996, c. 32, s. 72 (1).
Facilities for recreational, etc., activities
17. The council of a municipality having a home, the councils of the municipalities participating in a joint home or the board of management of a home shall provide in accordance with the regulations such space, equipment and materials as will contribute to the well-being of the residents of the home or joint home and as will enable the residents to participate in recreation, handicrafts, continuous learning and similar activities, both within and outside the home or joint home. R.S.O. 1990, c. H.13, s. 17.
Information to be given
18.1 (1) A placement co-ordinator who authorizes a person’s admission to a home or joint home, as the case may be, shall give to the municipality maintaining and operating the home, to the municipalities maintaining and operating the joint home or to the board of management of the home, as the case may be, the information mentioned in a paragraph of subsection (2) if, (a) the placement co-ordinator has the information mentioned in the paragraph; and (b) consent to the disclosure of the information to the municipality, the municipalities or the board of management, as the case may be, is given by, (i) the person whose admission is authorized, or (ii) the person, if any, who was lawfully authorized to consent to admission to the home or joint home, as the case may be, on behalf of the person whose admission is authorized. 1993, c. 2, s. 15. Same (2) The information referred to in subsection (1) is the following: 1. Information about assessments of the person whose admission is authorized. 2. Information about the person’s medical history. 3. Information about the person’s social and other care requirements. 4. The name and address of the person, if any, who was lawfully authorized to consent to admission to the home or joint home, as the case may be, on behalf of the person whose admission is authorized. 1993, c. 2, s. 15.
Immunity
19. (1) No proceeding for damages shall be commenced against an employee or agent of a placement co-ordinator for any act done in good faith in the performance or intended performance of the person’s duty or for any alleged neglect or default in the performance in good faith of the person’s duty. 1993, c. 2, s. 15. Placement co-ordinator’s liability (2) Subsection (1) does not relieve a placement co-ordinator of liability for the acts or omissions of its employees or agents. 1993, c. 2, s. 15. Review of determination of ineligibility
Notice of determination
19.1 (1) If a placement co-ordinator determines that an applicant for a determination respecting eligibility for admission to a home is not eligible, the placement co-ordinator shall ensure that the applicant and the person, if any, who applied for the determination on behalf of the applicant are notified of, (a) the determination of ineligibility; (b) the reasons for the determination; and (c) the applicant’s right to apply to the Appeal Board for a review of the determination. 1993, c. 2, s. 15. Application to Appeal Board (2) The applicant may apply to the Appeal Board for a review of the determination of ineligibility made by the placement co-ordinator. 1993, c. 2, s. 15.
Decision to Minister
19.3 Repealed: 1998, c. 18, Sched. G, s. 57 (4).
Appeal to Divisional Court
19.4 (1) A party to a proceeding before the Appeal Board may appeal its decision to the Divisional Court on a question of law or fact or both, in accordance with the rules of court. 1993, c. 2, s. 15. Record (2) If a party appeals a decision of the Appeal Board to the Divisional Court, the Appeal Board shall promptly file with the Divisional Court the record of the proceeding before the Appeal Board and the transcript of the evidence taken before the Appeal Board, which together constitute the record in the appeal. 1993, c. 2, s. 15. Minister to be heard (3) The Minister is entitled to be heard by counsel or otherwise on the argument of an appeal under this section. 1993, c. 2, s. 15. Powers of court on appeal (4) On an appeal under this section, the Divisional Court, (a) may affirm or rescind the decision of the Appeal Board; (b) 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; (c) may refer the matter back to the placement co-ordinator for redetermination in accordance with such directions as the court considers proper; (d) may substitute its opinion for that of the placement co-ordinator or the Appeal Board; and (e) may direct the placement co-ordinator to determine that the applicant is eligible for admission to a home. 1993, c. 2, s. 15. Decision to Minister (5) The placement co-ordinator shall furnish the Minister with a copy of the decision and reasons of the Divisional Court. 1993, c. 2, s. 15.
Plan of care
19.5 A municipality maintaining and operating a home, the municipalities maintaining and operating a joint home and the board of management of a home shall ensure that, (a) the requirements of each resident of the home or joint home, as the case may be, are assessed on an ongoing basis; (b) a plan of care is developed for each resident to meet the resident’s requirements; (c) the plan of care is revised as necessary when the resident’s requirements change; (d) an opportunity to participate fully in the development and revision of the resident’s plan of care is provided to, (i) the resident, (ii) if the resident is mentally incapable, his or her substitute decision-maker described in clause (a) of the definition of “substitute decision-maker” in section 1 and, unless it is the same person, his or her substitute decision-maker described in clause (b) of the definition of “substitute decision-maker” in section 1, and (iii) such other person as the persons mentioned in subclauses (i) and (ii) may direct; and (e) the care outlined in the plan of care is provided to the resident. 1993, c. 2, s. 15; 1996, c. 2, s. 68 (2).
Quality management
19.6 A municipality maintaining and operating a home, the municipalities maintaining and operating a joint home and the board of management of a home shall ensure that a quality management system is developed and implemented for monitoring, evaluating and improving the quality of the accommodation, care, services, programs and goods provided to the residents of the home or joint home, as the case may be. 1993, c. 2, s. 15. 20. Repealed: 1993, c. 2, s. 16.
Quality management
20. Repealed: 1993, c. 2, s. 16.
Warrant
21.1 (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 subsection 21 (5), if the justice of the peace is satisfied on information under oath that, (a) the inspector has been prevented from exercising a right of entry to the premises under subsection 21 (2) or has been prevented from exercising a power under subsection 21 (5); or (b) there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the premises under subsection 21 (2) or will be prevented from exercising a power under subsection 21 (5). 1993, c. 2, s. 17. Expiry of warrant (2) A warrant issued under this section shall name a date on which it expires, which date shall not be later than thirty days after the warrant is issued. 1993, c. 2, s. 17. 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 thirty days, upon application without notice by the inspector named in the warrant. 1993, c. 2, s. 17. 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. 1993, c. 2, s. 17. 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. 1993, c. 2, s. 17. Other matters (6) Subsections 21 (4) and 21 (6) to (15) apply with necessary modifications to an inspector executing a warrant issued under this section. 1993, c. 2, s. 17.
Personal information
21.2 (1) For the purpose of complying with sections 21 and 21.1, a head and an institution are authorized to disclose personal information to an inspector. 1993, c. 2, s. 17. 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.  1993, c. 2, s. 17.
Protection from personal liability
21.3 (1) No proceeding for damages shall be commenced against an inspector for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in the performance in good faith of his or her duty. 1993, c. 2, s. 17. Crown liability (2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject in respect of a tort committed by an inspector. 1993, c. 2, s. 17.
Protection from reprisals
21.4 (1) No person shall do anything, or refrain from doing anything, in retaliation for another person making a disclosure to an inspector, so long as the disclosure was made in good faith. 1993, c. 2, s. 17. No interference (2) No person shall seek, by any means, to compel another person to refrain from making a disclosure to an inspector. 1993, c. 2, s. 17. Offence, individual (3) An individual who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable, (a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both; (b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both. 2002, c. 18, Sched. I, s. 10 (2). Same, corporation (4) A corporation that contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence. 2002, c. 18, Sched. I, s. 10 (2). Compensation or restitution (5) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence. 2002, c. 18, Sched. I, s. 10 (2). No limitation (6) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section. 2002, c. 18, Sched. I, s. 10 (2).
Affidavits
22. The following are commissioners 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: 1. A regional welfare administrator, as defined in the General Welfare Assistance Act. 2. 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. 1993, c. 2, s. 18. 23. Repealed: 1993, c. 2, s. 19.
Affidavits
23. Repealed: 1993, c. 2, s. 19.
Miscellaneous financial
24. (1)-(3) Repealed: 1997, c. 29, s. 58 (1). Maintenance of homes in districts (4) The cost of maintaining a home established under section 6 or maintained and operated under an agreement with the Minister pursuant to section 10 shall be defrayed in each year by the municipalities in the territorial district in accordance with the regulations under section 26.1. R.S.O. 1990, c. H.13, s. 24 (4); 1997, c. 29, s. 58 (2); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. D, s. 5 (1). Estimates and apportionment (5) The board of management of a home established under section 6 or maintained and operated under an agreement with the Minister pursuant to section 10 shall in each year apportion the amount that it estimates will be required to defray its expenditures for that year among the municipalities in the district, and shall on or before the 25th day of February notify the clerk of each municipality of the amount to be provided by that municipality. R.S.O. 1990, c. H.13, s. 24 (5). Operating reserve (6) 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 15 per cent of the total estimates of the board for the year. R.S.O. 1990, c. H.13, s. 24 (6). Levy and collection (7) Each such municipality shall include the amount required to be provided by it under this section in its estimates for the then current year and shall levy and collect the amount in like manner as taxes and pay the amount to the board of management on demand. R.S.O. 1990, c. H.13, s. 24 (7). (8), (9) Repealed: 1997, c. 29, s. 58 (3). Power of district homes to borrow for current expenditures (10) Subject to subsection (11), the board of management of a home established under section 6 or maintained and operated under an agreement with the Minister pursuant to section 10 may borrow from time to time by way of a promissory note such sums as the board considers necessary to meet the current expenditures of the board until the current revenue is received. R.S.O. 1990, c. H.13, s. 24 (10). Maximum borrowings (11) The amount that may be borrowed at any one time for the purpose mentioned in subsection (10) together with the total of any similar borrowings that have not been repaid shall not exceed 25 per cent of the estimated current revenue of the board for the year. R.S.O. 1990, c. H.13, s. 24 (11). Idem (12) Until the estimates of the board for the current year under this section have been determined, the limitation upon borrowing prescribed in subsection (11) shall be temporarily calculated upon 25 per cent of the estimates for the board determined for the next preceding year. R.S.O. 1990, c. H.13, s. 24 (12).
Capital cost of homes in districts
25. (1) The cost of establishing a new home under section 6 in a district or of an alteration, renovation or addition to or extension of an existing home established under that section or a home maintained and operated under an agreement with the Minister pursuant to section 10 shall be defrayed by the municipalities in the district in accordance with the regulations under section 26.1. R.S.O. 1990, c. H.13, s. 25 (1); 1997, c. 29, s. 58 (4); 2006, c. 32, Sched. D, s. 5 (2). Provincial subsidy (2) To assist in defraying the cost of establishing such new home or the alteration, renovation or addition to or extension of such existing home, the Minister may direct payment out of the money appropriated therefor by the Legislature of an amount determined in accordance with the regulations and based upon the proportion of such cost that is allocated to the unorganized parts of the territorial district in which the home is established. R.S.O. 1990, c. H.13, s. 25 (2). Apportionment (3) The board of management shall apportion the amount that it estimates will be required to establish the new home or the alteration, renovation or addition to or extension of the existing home among the municipalities in the district and shall notify the clerk of each such municipality of the amount to be provided by that municipality. R.S.O. 1990, c. H.13, s. 25 (3). Raising of funds (4) Each such municipality shall, within ninety days after receipt of the notice, determine the method it will use in raising the amount required to be provided by it, and shall take such steps as are necessary to carry the determination into effect and shall raise the amount and pay it over to the board of management of the home. R.S.O. 1990, c. H.13, s. 25 (4).
Alternative method of raising funds
26. (1) The council of two or more of the municipalities in the territorial district may agree to, (a) authorize one of the municipalities in the district to raise the whole amount required by the issue of its debentures; or (b) authorize two or more of the municipalities in the district to raise the whole amount required by the issue of their debentures, each raising part as the councils agree. 1996, c. 32, s. 72 (2). Same (1.1) The municipality or municipalities shall raise the amount required in accordance with the agreement and shall pay the proceeds to the board of management of the home. 1996, c. 32, s. 72 (2). Same (1.2) Subsection 25 (4) does not apply in the case of an agreement under this section. 1996, c. 32, s. 72 (2). Apportionment of carrying charges (2) Where debentures are issued to provide the whole amount required as provided in subsection (1), the board of management shall in each year during the currency of the debentures apportion the amount that will be required in that year to pay the amounts of principal and interest on the debentures among the municipalities in the district in accordance with the regulations under section 26.1, and shall include the amount to be provided by each such municipality as a separate item in its estimates submitted to the clerk of the municipality under subsection 24 (5), and in such case subsection (7) of that section applies. R.S.O. 1990, c. H.13, s. 26 (2); 1997, c. 29, s. 58 (5); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. D, s. 5 (3). Distribution of carrying charges (3) The board of management shall in each year distribute the money received under subsection (2) to the municipality that issued the debentures or, where two or more municipalities issued the debentures, to such municipalities in the same proportion as the amount raised by each such municipality bore to the total amount raised. R.S.O. 1990, c. H.13, s. 26 (3).
Regulations re: apportionments
26.1 (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. 2006, c. 32, Sched. D, s. 5 (4). Retroactivity (2) A regulation is, if it so provides, effective with reference to a period before it is filed. 2006, c. 32, Sched. D, s. 5 (4). Application for review (3) 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 (4), 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. 2006, c. 32, Sched. D, s. 5 (4). Same (4) The errors, omissions and failures referred to in subsection (3) 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). 2006, c. 32, Sched. D, s. 5 (4). Appeal to Municipal Board (5) A supporting municipality may appeal the decision resulting from the Director’s review to the Ontario Municipal Board within 30 days after notice of the decision was sent to the municipality. 2006, c. 32, Sched. D, s. 5 (4). Supporting municipality (6) In this section, “supporting municipality” means one of the municipalities among which costs are to be apportioned by a board of management under section 24, 25 or 26. 2006, c. 32, Sched. D, s. 5 (4).
Provincial subsidy on capital expenditures
27. (1) When the site and plans of a building to be acquired, erected or altered for use as a home or joint home have been approved by the Minister under subsection 14 (1), or when such other capital expenditures as are prescribed by the regulations are incurred in connection with the home or joint home, the Minister may direct payment to the municipality or municipalities or to the band or bands or to the board of management, as the case may be, acquiring, erecting or altering the building or incurring the capital expenditures, of an amount computed in accordance with the regulations not exceeding 50 per cent of the cost thereof or such higher percentage as the regulations prescribe. R.S.O. 1990, c. H.13, s. 27 (1). Idem (2) Where a home is established and maintained under section 6, or is maintained and operated under an agreement with the Minister pursuant to section 10 in addition to the amount payable under subsection (1), the Minister may direct payment to the board of management of the proportion that is allocated by the regulations to the unorganized parts of the territorial district of the capital expenditure in respect of which a payment has not been made under subsection 25 (2). R.S.O. 1990, c. H.13, s. 27 (2). When payable (3) Payments under subsection (1) in respect of the erection of a new building or the alteration, renovation or addition to or extension of an existing building may be made either when the new building or the alteration, renovation, addition or extension, as the case may be, is completed and the building is ready for occupancy, or from time to time before completion thereof in the manner prescribed by the regulations. R.S.O. 1990, c. H.13, s. 27 (3). What to be included and excluded in computing cost (4) In computing the amount of the cost of the new building, or the alteration, renovation or addition to or extension of an existing building for the purposes of subsection (1), the cost of equipment and furnishings may be included. R.S.O. 1990, c. H.13, s. 27 (4).
Operating subsidy
28. (1) Payments shall be made in accordance with the regulations, out of money appropriated by the Legislature, to a municipality maintaining and operating a home, to the municipalities maintaining and operating a joint home or to a board of management of a home, to assist in defraying the maintenance and operating costs incurred or to be incurred by the municipality, the municipalities or the board of management, as the case may be, in providing accommodation, care, services, programs and goods to residents of the home or joint home, as the case may be. 1993, c. 2, s. 20. Service agreement (2) No payment shall be made under subsection (1) unless, (a) the municipality, each of the municipalities or the board of management, as the case may be, receiving the payment is a party to a service agreement with the Crown in right of Ontario that relates to the home or joint home, as the case may be; and (b) the service agreement complies with this Act and the regulations. 1993, c. 2, s. 20. Reduction or refusal of subsidy (3) Payments under subsection (1) may be reduced or withheld if the municipality maintaining and operating the home, any of the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, has breached the service agreement with the Crown relating to the home or joint home, as the case may be. 1993, c. 2, s. 20. Note: On a day to be named by proclamation of the Lieutenant Governor, section 28 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 46 (5) and the following substituted: Operating subsidy 28. (1) The Minister may provide funding to maintain and operate a home or a joint home to a municipality maintaining and operating the home, to the municipalities maintaining and operating the joint home or to a board of management of the home, as the case may be. 2006, c. 4, s. 46 (5). Terms and conditions (2) The Minister may impose terms and conditions on the funding. 2006, c. 4, s. 46 (5). Reduction or refusal of subsidy (3) The Minister may reduce or withhold the funding or may direct a local health integration network that provides funding, under the Local Health System Integration Act, 2006, to the municipality maintaining and operating the home, to any of the municipalities maintaining and operating the joint home or to the board of management of the home to reduce or withhold the funding if the municipality maintaining and operating the home, any of the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, (a) is in contravention of this Act, the regulations or the terms and conditions imposed on the funding under subsection (2); or (b) has breached the service accountability agreement relating to the home or joint home, as the case may be. 2006, c. 4, s. 46 (5). Compliance (4) A local health integration network shall comply with a direction of the Minister under subsection (3). 2006, c. 4, s. 46 (5). See: 2006, c. 4, ss. 46 (5), 55 (2).
Additional grants
29. (1) The Minister may, out of money appropriated by the Legislature, make a grant to a municipality maintaining and operating a home, to the municipalities maintaining and operating a joint home or to a board of management of a home, to assist in defraying the costs incurred or to be incurred by the municipality, the municipalities or the board of management, as the case may be, as a result of the occurrence of an extraordinary event prescribed by the regulations. 1993, c. 2, s. 20. Conditions (2) The Minister may impose conditions on a grant made under subsection (1). 1993, c. 2, s. 20. Note: On a day to be named by proclamation of the Lieutenant Governor, section 29 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 46 (6). See: 2006, c. 4, ss. 46 (6), 55 (2).
Service agreement
30. (1) A service agreement, (a) shall contain the provisions required by the regulations to be contained in a service agreement; (b) shall contain provisions respecting each matter required by the regulations to be provided for in a service agreement; and (c) may contain such other provisions as are agreed to by the parties, so long as such other provisions do not conflict with the provisions mentioned in clause (a). 1993, c. 2, s. 20. Negotiation and signing (2) A service agreement may be negotiated and signed on behalf of the Crown in right of Ontario only by the Minister or a person authorized by the Minister in writing to negotiate and sign service agreements. 1993, c. 2, s. 20. Exception (3) Section 6 of the Executive Council Act does not apply to a service agreement signed by a person authorized by the Minister in writing to sign service agreements. 1993, c. 2, s. 20. Power of municipality (4) A municipality has the power to enter into a service agreement with the Crown in right of Ontario for the purposes of this Act. 1993, c. 2, s. 20. Note: On a day to be named by proclamation of the Lieutenant Governor, section 30 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 46 (6). See: 2006, c. 4, ss. 46 (6), 55 (2).
Resident responsible for payments for accommodation
30.2 (1) A resident is responsible for the payment of those amounts demanded in accordance with section 30.1, by a municipality maintaining and operating a home, by municipalities maintaining and operating a joint home or by a board of management of a home, for accommodation. 1993, c. 2, s. 20. Minister to give statements (2) The Minister 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 30.1 (1). 1993, c. 2, s. 20. Recovery of certain payments
Notice
30.4 (1) A municipality maintaining and operating a home, the municipalities maintaining and operating a joint home and the board of management of a home shall give to the persons mentioned in subsection (1.1) a written notice, (a) setting out the rights of the resident under subsection 1.1 (2) and stating that the municipality, each of the municipalities or the board of management, as the case may be, is obliged to respect and promote those rights; (b) describing the accommodation, care, services, programs and goods that the municipality, each of the municipalities or the board of management, as the case may be, is required to provide or offer under this Act and under the service agreement relating to the home or joint home; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 46 (16) by striking out “the service agreement” and substituting “the service accountability agreement”. See: 2006, c. 4, ss. 46 (16), 55 (2). (c) stating that the persons mentioned in subsection (1.1) may request access to and an explanation of the resident’s plan of care, and specifying the person to whom the request must be made; (d) setting out the procedures for making complaints about the maintenance or operation of the home or joint home, the conduct of the staff of the home or joint home or the treatment or care received by the resident in the home or joint home; and (e) setting out such other matters as are prescribed by the regulations. 1993, c. 2, s. 20; 1996, c. 2, s. 68 (3, 4). Same (1.1) The notice must be given to, (a) each resident of the home or joint home, as the case may be; (b) if the resident is mentally incapable, his or her substitute decision-maker described in clause (a) of the definition of “substitute decision-maker” in section 1 and, unless it is the same person, his or her substitute decision-maker described in clause (b) of the definition of “substitute decision-maker” in section 1; and (c) such other person as the persons mentioned in clauses (a) and (b) may direct. 1996, c. 2, s. 68 (5). Obligations re plan of care (2) If a request is made in accordance with clause (1) (c), the municipality, the municipalities or the board of management shall ensure that access to and an explanation of the plan of care is provided to the person who made the request. 1993, c. 2, s. 20.
Posting of information
30.5 A municipality maintaining and operating a home, the municipalities maintaining and operating a joint home and the board of management of a home shall post in the home or joint home, as the case may be, (a) a copy of section 1.1; (b) a copy of the service agreement relating to the home or joint home, as the case may be; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 46 (16) by striking out “the service agreement” and substituting “the service accountability agreement”. See: 2006, c. 4, ss. 46 (16), 55 (2). (c) a copy of the most recent inspection report relating to the home or joint home, as the case may be, received by the municipality, the municipalities or the board of management, as the case may be, under subsection 21 (15); (d) copies of those financial statements, reports and returns filed with the Minister that the regulations require to be posted; and (e) all other documents and information that the regulations require to be posted. 1993, c. 2, s. 20.
Residents’ council
30.6 (1) If a request for the establishment of a residents’ council is made to the administrator of a home or joint home by at least three persons, each of whom is a person mentioned in subsection (2), (a) the administrator shall promptly notify the Director of the request; (b) the administrator shall promptly notify the municipality maintaining and operating the home, the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, of the request; and (c) the municipality, the municipalities or the board of management, as the case may be, shall assist the persons who made the request in establishing a residents’ council for the home within sixty days of the request. 1993, c. 2, s. 20. Request for residents’ council (2) For the purpose of subsection (1), the following persons may request the establishment of a residents’ council for a home or joint home: 1. A resident of the home or joint home, as the case may be. 2. If a resident of the home or joint home, as the case may be, is mentally incapable, any of his or her substitute decision-makers. 1993, c. 2, s. 20; 1996, c. 2, s. 68 (6). Right to be a member (3) Subject to subsection (4), the following persons are entitled to be members of the residents’ council of a home or joint home: 1. A resident of the home or joint home, as the case may be. 2. If a resident of the home or joint home, as the case may be, is mentally incapable, any of his or her substitute decision-makers. 3. A person selected by the resident or, if the resident is mentally incapable, by any of his or her substitute decision-makers. 1993, c. 2, s. 20; 1996, c. 2, s. 68 (7). Who may not be a member (4) The following persons may not be members of the residents’ council of a home or joint home: 1. A member of the council of the municipality maintaining and operating the home, a member of a council of any of the municipalities maintaining and operating the joint home or a member of the board of management of the home, as the case may be. 2. The administrator of the home or joint home, as the case may be. 3. A member of the staff of the home or joint home, as the case may be. 4. Any other person who is responsible for the operation of the home and who is employed by the municipality maintaining and operating the home, by any of the municipalities maintaining and operating the joint home or by the board of management of the home, as the case may be. 1993, c. 2, s. 20. Appointment by Minister (5) At the request of a residents’ council, the Minister may appoint no more than three persons to be members of the residents’ council, and those persons shall serve as members at the pleasure of the residents’ council. 1993, c. 2, s. 20. Same (6) Only a person who lives in the area in which the home or joint home is located and who is not employed by and does not have a contractual relationship with the ministry of the Minister may be appointed under subsection (5). 1993, c. 2, s. 20.
Meeting
30.7 (1) Unless a home or joint home has a residents’ council, the municipality maintaining and operating the home, the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, shall, at least once in each year, convene a meeting of the following persons to advise them of their right to establish a residents’ council: 1. The residents of the home or joint home, as the case may be. 2. In the case of residents who are mentally incapable, their substitute decision-makers. 1996, c. 2, s. 68 (8). Results of meeting (2) Within thirty days after the meeting, the municipality, the municipalities or the board of management, as the case may be, shall notify the Director of the results of the meeting. 1993, c. 2, s. 20.