2 (1) In this Act,  “abuse”, in relation to a resident, means physical, sexual, emotional, verbal or financial abuse, as defined in the regulations in each case; (“mauvais traitement”) “Administrator”, in relation to a long-term care home, means the Administrator for the home required under section 70; (“administrateur du foyer”) “Agency” means the corporation continued by section 3 of the
Connecting Care Act, 2019; (“Agence”) “Appeal Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission d’appel”) “care” includes treatment and interventions; (“soins”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (1) of the Act is amended by adding the following definition: (See: 2017, c. 25, Sched. 5, s. 1 (2)) “confine”, except with respect to the common law duty of a caregiver to confine a person as referred to in section 36, has the meaning provided for in the regulations; (“confiner”) “Director” means the person appointed under section 175 as the Director and, where more than one person has been appointed, means the person who is the Director for the purposes of the provision in which the term appears; (“directeur”) “Director of Nursing and Personal Care”, in relation to a long-term care home, means the Director of Nursing and Personal Care for the home required under section 71; (“directeur des soins infirmiers et des soins personnels”) “equity share” means a share of a class of shares of a corporation that carries a voting right either under all circumstances or under some circumstances that have occurred and are continuing; (“action participante”) “fundamental principle” means the fundamental principle set out in section 1; (“principe fondamental”) “incapable” means unable to understand the information that is relevant to making a decision concerning the subject matter or unable to appreciate the reasonably foreseeable consequences of a decision or a lack of decision; (“incapable”) “intervention” means an action, procedure or activity designed to achieve an outcome to a condition or a diagnosis; (“intervention”) “licensee” means the holder of a licence issued under this Act, and includes the municipality or municipalities or board of management that maintains a municipal home, joint home or First Nations home approved under Part VIII; (“titulaire de permis”) “local health integration network” means a local health integration network as defined in section 2 of the Local Health System Integration Act, 2006; (“réseau local d’intégration des services de santé”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “local health integration network” in subsection 2 (1) of the Act is repealed. (See: 2019, c. 5, Sched. 3, s. 12 (2)) “long-term care home” means a place that is licensed as a long-term care home under this Act, and includes a municipal home, joint home or First Nations home approved under Part VIII; (“foyer de soins de longue durée”) “Minister” means the Minister of Health and Long-Term Care, or, if the responsibility for the administration of this Act has been assigned to another Minister under the Executive Council Act, that Minister; (“ministre”) “Ministry” means the Ministry over which the Minister presides; (“ministère”) “physician” means a member of the College of Physicians and Surgeons of Ontario; (“médecin”) “registered nurse” means a member of the College of Nurses of Ontario who holds a certificate of registration as a registered nurse under the Nursing Act, 1991; (“infirmière autorisée” or “infirmier autorisé”) “registered nurse in the extended class” means a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure”) “registered practical nurse” means a member of the College of Nurses of Ontario who holds a certificate of registration as a registered practical nurse under the Nursing Act, 1991; (“infirmière auxiliaire autorisée” or “infirmier auxiliaire autorisé”) “requirement under this Act” means a requirement contained in this Act, in the regulations, or in an order or agreement made under this Act, and includes a condition of a licence under Part VII or an approval under Part VIII, a condition to which funding is subject under section 90 and, subject to subsection 174.1 (7), an operational or policy directive issued by the Minister under section 174.1; (“exigence que prévoit la présente loi”) “resident” means a person admitted to and living in a long-term care home; (“résident”) “Residents’ Bill of Rights” means the list of rights of residents set out in section 3; (“déclaration des droits des résidents”) “rights adviser” means a person designated by or in accordance with the regulations as a rights adviser; (“conseiller en matière de droits”) “secure unit” means an area within a long-term care home that is designated as a secure unit by or in accordance with the regulations; (“unité de sécurité”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “secure unit” in subsection 2 (1) of the Act is repealed. (See: 2017, c. 25, Sched. 5, s. 1 (4)) “spouse” means, (a) a spouse as defined in section 1 of the Family Law Act, or (b) either of two persons who live together in a conjugal relationship outside marriage; (“conjoint”) “staff”, in relation to a long-term care home, means persons who work at the home, (a) as employees of the licensee, (b) pursuant to a contract or agreement with the licensee, or (c) pursuant to a contract or agreement between the licensee and an employment agency or other third party; (“personnel”) “substitute decision-maker” means a person who is authorized under the Health Care Consent Act, 1996 or the Substitute Decisions Act, 1992 to give or refuse consent or make a decision, on behalf of another person; (“mandataire spécial”) “volunteer” means a person who is part of the organized volunteer program of the long-term care home under section 16 and who does not receive a wage or salary for the services or work provided for that program.  (“bénévole”)  2007, c. 8, ss. 2 (1), 195 (1); 2009, c. 33, Sched. 18, s. 15 (1); 2017, c. 25, Sched. 5, s. 1 (1, 3); 2019, c. 5, Sched. 3, s. 12 (1). Controlling interest (2) Without limiting the meaning of controlling interest, a person shall be deemed to have a controlling interest in a licensee if the person, either alone or with one or more associates, directly or indirectly, (a) owns or controls, beneficially or otherwise, with respect to a licensee that is a corporation, (i) 10 per cent or more of the issued and outstanding equity shares, and (ii) voting rights sufficient, if exercised, to direct the management and policies of the licensee; or (b) has the direct or indirect right or ability, beneficially or otherwise, to direct the management and policies of a licensee that is not a corporation. 2007, c. 8, s. 2 (2). Same (3) Without restricting the generality of subsection (2), a person shall be deemed to have a controlling interest in a licensee if that person, either alone or with one or more associates, has a controlling interest in a person who has a controlling interest in a licensee, and so on. 2007, c. 8, s. 2 (3). Associates (4) For the purposes of subsection (2), one person shall be deemed to be an associate of another person if, (a) one person is a corporation of which the other person is an officer or director; (b) one person is a partnership of which the other person is a partner; (c) one person is a corporation that is controlled directly or indirectly by the other person; (d) both persons are corporations and one person is controlled directly or indirectly by the same individual or corporation that directly or indirectly controls the other person; (e) both persons are members of a voting trust where the trust relates to shares of a corporation; (f) one person is the father, mother, brother, sister, child or spouse of the other person or is another relative who has the same home as the other person; or (g) both persons are associates within the meaning of clauses (a) to (f) of the same person. 2007, c. 8, s. 2 (4). Calculating shares (5) In calculating the total number of equity shares of a corporation beneficially owned or controlled for the purposes of this Act, the total number shall be calculated as the total of all the shares actually owned or controlled, but each share that carries the right to more than one vote shall be calculated as having the number of shares equal to the total number of votes it carries. 2007, c. 8, s. 2 (5). Meaning of “explain” (6) A rights adviser or other person whom this Act requires to explain a matter directly to a resident or an applicant for admission to a long-term care home satisfies that requirement by explaining the matter to the best of his or her ability and in a manner that addresses the special needs of the person receiving the explanation, whether that person understands it or not. 2007, c. 8, s. 2 (6). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 195 (1)
- 01/07/2010 2009, c. 33, Sched. 18, s. 15 (1) - 01/07/2010 2017, c. 25, Sched. 5, s. 1 (1) - 01/04/2018; 2017, c. 25, Sched. 5, s. 1 (2, 4) - not in force; 2017, c. 25, Sched. 5, s. 1 (3) - 01/02/2018 2019, c. 5, Sched. 3, s. 12 (1) - 06/06/2019; 2019, c. 5, Sched. 3, s. 12 (2) - not in force part ii   residents: Rights, care and services Residents’ Bill of Rights