jswizzle3737/ontario_laws_and_regs huggingface dataset:
Powers of residents’ council
30.8 It is the function of a residents’ council of a home or joint home, and the council has the power, to, (a) advise residents of the home or joint home, as the case may be, respecting their rights and obligations under this Act; (b) advise residents of the home or joint home, as the case may be, respecting the rights and obligations of 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, under this Act and under 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) meet regularly with representatives of the municipality, representatives of the municipalities or representatives of the board of management, as the case may be, to, (i) review inspection reports 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), (ii) review the allocation of money for accommodation, care, services, programs and goods provided in the home or joint home, as the case may be, (iii) review the financial statements relating to the home or joint home, as the case may be, filed with the Minister under the regulations, and (iv) review the operation of the home or joint home, as the case may be; (d) attempt to mediate and resolve a dispute between a resident of the home or joint home, as the case may be, and 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; and (e) report to the Minister any concerns and recommendations that in its opinion ought to be brought to the Minister’s attention. 1993, c. 2, s. 20.
Residents’ council assistant
30.9 (1) With the consent of a residents’ council, the Minister may appoint a residents’ council assistant to assist the residents’ council in carrying out its responsibilities. 1993, c. 2, s. 20. Duties (2) In carrying out his or her duties, a residents’ council assistant shall take instructions from and report to the residents’ council. 1993, c. 2, s. 20.
Information and assistance
30.10 (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 co-operate with the residents’ council and the residents’ council assistant and shall provide them with such financial and other information and such assistance as is required by the regulations. 1993, c. 2, s. 20. Obstruction (2) No person shall refuse entry to a home or joint home to a residents’ council assistant or otherwise hinder, obstruct or interfere with a residents’ council assistant carrying out his or her duties. 1993, c. 2, s. 20. 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 (3). 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 (3). 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 (3). 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 (3).
Immunity
30.11 No proceeding shall be commenced against a member of a residents’ council or a residents’ council assistant for any act done under section 30.8, unless the act is done maliciously or without reasonable grounds. 1993, c. 2, s. 20.
Minister may take control with consent
30.12 The Minister may take control of, operate and manage a 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 home, as the case may be, consents to the Minister so acting. 1994, c. 26, s. 73 (4).
Minister may take control if reasonable grounds
30.13 (1) Subject to subsections (2) to (7), the Minister may take control of, operate and manage a home or joint home if the Minister believes on reasonable grounds that, (a) the physical state of the home or joint home or the manner of operation of the home or joint home is causing or is likely to cause harm to or an adverse effect on the health of a person or impairment of the safety of a person; or (b) the home or joint 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. 1994, c. 26, s. 73 (4). Hearing (2) Unless the municipality maintaining and operating the home, each of the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be, has consented to the exercise of the Minister’s power under subsection (1), the Minister, before exercising the power, shall cause a hearing to be held to determine whether the power should be exercised. 1994, c. 26, s. 73 (4). Person conducting hearing (3) The Minister shall appoint a person who is not an employee of the Ministry of Health to conduct the hearing. 1994, c. 26, s. 73 (4). Procedure (4) Sections 17, 18, 19 and 20 of the Statutory Powers Procedure Act do not apply to a hearing under this section. 1994, c. 26, s. 73 (4). 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. 1994, c. 26, s. 73 (4). 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 home, each of the municipalities maintaining and operating the joint home or the board of management of the home, as the case may be. 1994, c. 26, s. 73 (4). Minister’s decision (7) After considering a report provided under subsection (5), the Minister may exercise the power under subsection (1) and shall give 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, written notice of his or her decision respecting the exercise of the power together with written reasons for the decision. 1994, c. 26, s. 73 (4).
Provisional exercise of power without hearing
30.14 (1) Despite section 30.13, on notice to 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, the Minister may provisionally exercise the power under subsection 30.13 (1) without a hearing if, in the Minister’s opinion, it is necessary to do so to avert an immediate threat to a person’s health, safety or well-being. 1994, c. 26, s. 73 (4). Content of notice (2) The notice to the municipality, municipalities or board of management under subsection (1) shall set out, (a) the Minister’s opinion on which the provisional exercise of the power is based; and (b) the reasons for the Minister’s opinion. 1994, c. 26, s. 73 (4). Continuation of exercise of power (3) As soon as possible after a power is exercised under subsection (1), the procedure set out in subsections 30.13 (2) to (7) shall be followed to determine whether the power should continue to be exercised. 1994, c. 26, s. 73 (4).
Powers of Minister
30.15 (1) In exercising the power under section 30.12 or 30.13 with respect to a home or joint home, the Minister has all the powers 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. 1994, c. 26, s. 73 (4). Occupation of premises (2) Without limiting the generality of subsection (1), the Minister, (a) despite sections 25 and 39 of the Expropriations Act, may immediately occupy, operate and manage the home or joint home or arrange for it to be occupied, operated and managed by a person or entity designated by the Minister; and (b) may apply without notice to the Superior Court of Justice for an order directing the sheriff to assist the Minister or the person or entity designated by the Minister in occupying the home or joint home. 1994, c. 26, s. 73 (4); 2006, c. 19, Sched. C, s. 1 (1). Maximum period (3) The Minister shall not occupy, operate or manage a home or joint home, or arrange for it to be occupied, operated or managed by a person or entity designated by the Minister, 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. 1994, c. 26, s. 73 (4). Authorization of L.G. in C. (4) Despite subsection (3), the Minister may occupy, operate and manage a home or joint home, or arrange for it to be occupied, operated and managed by a person or entity designated by the Minister, for a period exceeding one year if the Lieutenant Governor in Council so authorizes, and the Lieutenant Governor in Council may authorize an extension of the period from time to time. 1994, c. 26, s. 73 (4).