187 (1) On the day this section comes into operation, the following shall be deemed to have been replaced with a licence under this Act: 1. Each existing licence under the Nursing Homes Act. 2. Each existing approval of an approved charitable home for the aged under the Charitable Institutions Act. 2007, c. 8, s. 187 (1). 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 Nursing Homes Act or approved under the Charitable Institutions Act. 2007, c. 8, s. 187 (2). Term of replacement licence (3) The term of a replacement licence under subsection (1) shall be determined as follows: 1. For a home with new beds, the term shall be 25 years starting on the day the first resident was admitted to a new bed or, for one of the following homes, the term shall be 25 years starting on the day the first resident was admitted to the home, but in no event shall the term be less than 20 years from the date this paragraph comes into operation: i. Billings Court Manor (Burlington), ii. Millennium Trail Manor (Niagara Falls), iii. St. Joseph’s Health Centre (Guelph), iv. St. Joseph’s Mother House (Martha Wing) (Hamilton). 2. For a home with class A beds, the term shall be 20 years starting on the day this section comes into operation. 3. For a home with class B beds, the term shall be 15 years starting on the day this section comes into operation. 4. For a home with class C beds, the term shall be 15 years starting on the day this section comes into operation. 5. For a home with class D beds that were upgraded in accordance with the Upgrade Option Guidelines, the term shall be 10 years starting on the day this section comes into operation. 6. For a home with class D beds that were not upgraded in accordance with the Upgrade Option Guidelines, the term shall be four years starting on the day this section comes into operation. 7. For a home with EldCap beds, the term shall be 25 years starting on the day its first resident was admitted, or 10 years starting on the day this section comes into operation, whichever is greater. 2007, c. 8, s. 187 (3). Special rule for homes that have provided notice (4) Despite subsection (3) or anything else in this section to the contrary, if an approved corporation operating an approved charitable home for the aged under the Charitable Institutions Act has provided notice to the Ministry on or before February 1, 2007 of its intention to close the home, the approved corporation shall receive a temporary licence under section 111. 2007, c. 8, s. 187 (4). Special rule for homes under development at the time of proclamation (5) Despite subsection (3) or anything else in this section to the contrary, any long-term care home that is being developed and has not yet opened as of the date this section comes into operation shall be deemed to receive a term equal in duration to such term the home would have received had it been developed and opened on the date subsection (3) comes into operation. 2007, c. 8, s. 187 (5). Special rule for homes with different classes of beds (6) If more than one paragraph in subsection (3) would apply to a home, the term for that home shall be the longest term provided for under those applicable paragraphs, unless, (a) paragraphs 1 and 4 of subsection (3) apply to a home, in which case the term for that home shall be 20 years starting on the day described in paragraph 1 of subsection (3); (b) paragraph 6 and any other paragraph of subsection (3) apply to a home, in which case the term for the home is the term provided for under paragraph 6; (c) paragraphs 2 and 3 of subsection (3) apply to a home, in which case the term for that home shall be 15 years or such other term as one of the homes would be entitled to under paragraph 2 or 3, whichever is shorter, and shall start on the day this section comes into operation; or (d) paragraphs 2 and 4 of subsection (3) apply to a home, in which case the term for that home shall be 15 years or such other term as one of the homes would be entitled to under paragraph 2 or 4, whichever is shorter, and shall start on the day this section comes into operation. 2007, c. 8, s. 187 (6). Special rule for homes with class D beds that were not upgraded, if agreement (7) If the licensee of a home described in paragraph 6 of subsection (3) agrees, during the first year of the four-year term set out in that paragraph, to redevelop the home to the current standards to the satisfaction of the Director, the Director shall give an undertaking under section 100 that he or she will issue a new licence under section 99 to the licensee after the redevelopment is completed, and the Director may, despite clause 114 (2) (b), extend the four-year term for such additional time that the Director considers sufficient to complete the redevelopment. 2007, c. 8, s. 187 (7). Rules where redevelopment agreed to (8) The following apply where a licensee has agreed under subsection (7): 1. No determination by the Minister under section 96 is necessary and restrictions by the Minister under section 97 and the requirements of section 98 do not apply to the undertaking or to either the new licence or the interim licence mentioned in subsection (7). 2. In giving the undertaking, the Director may specify conditions under subsection 100 (1). 3. Both the new licence and the interim licence may be issued subject to conditions. 4. No public consultation is necessary under section 106 with respect to the undertaking, the new licence or the interim licence. 2007, c. 8, s. 187 (8). Special rule for homes with Class D beds that were not upgraded, if no agreement (9) If the licensee of a home described in paragraph 6 of subsection (3) does not agree, during the first year of the four-year term, to redevelop the home to the current standards and to the satisfaction of the Director, the Director shall be deemed to have given notice to the licensee under clause 103 (1) (a) that no new licence will be issued. 2007, c. 8, s. 187 (9). Same, no public consultation (10) No public consultation is necessary under section 106 where the Director acts under subsection (7). 2007, c. 8, s. 187 (10). Application of s. 103 (11) Section 103 applies with respect to the term of a replacement licence under this section. 2007, c. 8, s. 187 (11). Director to issue documentation (12) The Director shall issue documentation to evidence each replacement licence under subsection (1). 2007, c. 8, s. 187 (12). Review of classification (13) A licensee may request the Director to review the appropriate classification of the long-term home for the purpose of determining the appropriate term of a replacement licence under this section. 2007, c. 8, s. 187 (13). Requirements re request for review (14) A request for a review under subsection (13) must be made within a time provided for in the regulations and must include, (a) any submissions that the licensee wishes the Director to consider; and (b) an address for service for the licensee. 2007, c. 8, s. 187 (14). What to be considered (15) The only issue to be considered by the Director on a review is whether the home is appropriately classified having regard to improvements that were made, with the approval of the Director or an official of the Ministry, since the last time the home was classified. 2007, c. 8, s. 187 (15). Notice of decision (16) The Director shall serve the licensee with notice of the Director’s decision, together with reasons. 2007, c. 8, s. 187 (16). If new classification (17) If the Director decides that a new classification is appropriate, the term of the replacement licence under this section shall be determined based on that classification. 2007, c. 8, s. 187 (17). Interpretation (18) In this section, “class A beds” means beds that, as of January 1, 2005, were identified by the Ministry as structural category “A” beds for the purposes of calculating funding; (“lits de catégorie A”) “class B beds” means beds that, as of January 1, 2005, were identified by the Ministry as structural category “B” beds for the purposes of calculating funding; (“lits de catégorie B”) “class C beds” means beds that, as of January 1, 2005, were identified by the Ministry as structural category “C” beds for the purposes of calculating funding; (“lits de catégorie C”) “class D beds” means beds that, as of January 1, 2005, were identified by the Ministry as structural category “D” beds for the purposes of calculating funding; (“lits de catégorie D”) “home with EldCap beds” means one of the following homes: (a) Atikokan General Hospital (Atikokan), (b) Bignucolo Residence (The) (Chapleau), (c) Emo Health Centre (Emo), (d) Espanola Nursing Home (Espanola), (e) Geraldton District Hospital (Geraldton), (f) Blind River District Health Centre (Blind River), (g) Hornepayne Community Hospital (Hornepayne), (h) Lady Dunn Health Centre (Wawa), (i) Lakeland Long Term Care (Parry Sound), (j) Manitouwadge General Hospital (Manitouwadge), (k) Nipigon District Memorial Hospital (Nipigon), (l) Rainy River Health Centre (Rainy River), (m) Rosedale Centre (Matheson), (n) Smooth Rock Falls Hospital (Smooth Rock Falls), (o) William A. “Bill” George Extended Care Facility (Sioux Lookout); (“foyer ayant des lits du programme EldCap”) “new bed” means a bed that was reviewed and approved by the Ministry as meeting, (a) the criteria set out in the document entitled “Long-Term Care Facility Design Manual”, published by the Ministry of Health and Long-Term Care and dated May, 1999, and which is available from the Ministry of Health and Long-Term Care, or (b) the Retrofit option criteria set out in the Long-Term Care “D” Facility Retrofit Design Manual in section 5.2 of the document entitled “2002 “D” Bed Program”, published by the Ministry of Health and Long-Term Care and dated January, 2002 and which is available from the Ministry of Health and Long-Term Care; (“nouveau lit”) “Upgrade Option Guidelines” means the Upgrade Option Guidelines in section 6 of the document entitled “2002 “D” Bed Program”, published by the Ministry of Health and Long-Term Care and dated January, 2002 and which is available from the Ministry of Health and Long-Term Care. (“lignes directrices de l’option de modernisation”)  2007, c. 8, s. 187 (18). Section Amendments with date in force (d/m/y) CTS 27 AL 10 - 1