jswizzle3737/ontario_laws_and_regs huggingface dataset:
168 (1) After receiving a notice of appeal, the Appeal Board shall promptly appoint a time and place for a hearing. 2007, c. 8, s. 168 (1). When hearing to begin if licence revoked (2) In the case of an appeal of an order to revoke a licence under section 157, the hearing shall begin within 90 days after the day the Appeal Board receives the notice unless the parties agree to a postponement. 2007, c. 8, s. 168 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 168 of the Act is amended by adding the following subsection: (See: 2017, c. 25, Sched. 5, s. 44) When hearing to begin if licence suspended (2.1) In the case of an appeal of an order to suspend a licence under section 157 or 158.1, the hearing shall begin within 30 days after the day the Appeal Board receives the notice unless the parties agree to a postponement. 2017, c. 25, Sched. 5, s. 44. Notice of hearing (3) The Appeal Board shall give each of the parties at least seven days notice of the time and place of the hearing. 2007, c. 8, s. 168 (3). Recording of evidence (4) The oral evidence taken before the Appeal Board at a hearing shall be recorded and, if required, copies of a transcript of the evidence shall be furnished on the same terms as in the Superior Court of Justice. 2007, c. 8, s. 168 (4). Health Insurance Act (5) Subsections 23 (1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Part. 2007, c. 8, s. 168 (5). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 44 - not in force
169 After a hearing, the Appeal Board may rescind, confirm or alter the order or decision of the Director, and may substitute its own opinion for that of the Director, and may direct the Director to take any action that the Appeal Board considers that the Director ought to take in accordance with this Act and the regulations. 2007, c. 8, s. 169. Note: On a day to be named by proclamation of the Lieutenant Governor, section 169 of the Act is amended by adding the following subsection: (See: 2017, c. 25, Sched. 5, s. 45) Same, administrative penalty (2) Despite subsection (1), after a hearing the Appeal Board may rescind, confirm or alter a notice of administrative penalty issued by the Director under section 156.1 or a decision of the Director under section 163 respecting a notice of administrative penalty according to what it considers reasonable in the circumstances, but the Board shall not vary the amount of the penalty unless it considers the amount to be unreasonable. 2017, c. 25, Sched. 5, s. 45. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 45 - not in force
170 (1) Any party to the proceedings before the Appeal Board may appeal from its decision to the Divisional Court in accordance with the rules of court. 2007, c. 8, s. 170 (1). No automatic stay on appeal to court (2) Despite section 25 of the Statutory Powers Procedure Act, an appeal to the Divisional Court does not stay the decision appealed from unless the Divisional Court orders otherwise upon being satisfied that a stay will not cause harm or a risk of harm to a resident. 2007, c. 8, s. 170 (2). Applying to remove stay – new circumstances (3) The Director may apply for the removal of a stay ordered by the Divisional Court under subsection (2) on the grounds that the circumstances have changed since the order was made. 2007, c. 8, s. 170 (3). Removal of stay (4) Where the Director has applied under subsection (3) and the Divisional Court is satisfied that the circumstances have changed, it shall remove the stay unless it is satisfied that continuing the stay will not cause harm or a risk of harm to a resident. 2007, c. 8, s. 170 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, section 170 of the Act is amended by adding the following subsection: (See: 2017, c. 25, Sched. 5, s. 46) Stay, administrative penalty (4.1) Despite anything else in this section, if a party appeals a decision of the Appeal Board made under subsection 169 (2) to the Divisional Court, the requirement to pay is stayed until the disposition of the appeal. 2017, c. 25, Sched. 5, s. 46. Record to be filed in court (5) Where any party appeals from a decision of the Appeal Board, the Appeal Board shall forthwith file in the Divisional Court the record of the proceedings before it in which the decision was made which, together with the transcript of evidence if it is not part of the Appeal Board’s record, shall constitute the record in the appeal. 2007, c. 8, s. 170 (5). Powers of court on appeal (6) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the Appeal Board and may exercise all powers of the Appeal Board to direct the Director to take any action which the Appeal Board may direct him or her to take and as the court considers proper and for such purposes the court may substitute its opinion for that of the Director or of the Appeal Board, or the court 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. 2007, c. 8, s. 170 (6). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 46 - not in force
171 The sufficiency of the funding provided to a licensee from any source shall not be considered in any review or appeal under this Part. 2007, c. 8, s. 171. Miscellaneous
172 The Director may, in accordance with the regulations, recognize long-term care homes with an excellent record of compliance with the requirements under this Act. 2007, c. 8, s. 172.
173 The Director shall publish, in any format or manner the Director considers appropriate, (a) every direction under subsection 50 (1); (b) every inspection report under section 149; (c) every order under this Part; (d) every written notification or request under subsection 152 (1); (e) every written plan for achieving compliance, prepared by the licensee, that the Director has ordered in accordance with clause 153 (1) (b) following a referral under paragraph 4 of subsection 152 (1); and (f) any information specified by the Director about administrative penalties issued under this Act and about convictions and penalties imposed on conviction. 2017, c. 25, Sched. 5, s. 47. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 47 - 01/04/2018
173.1 (1) In any proceeding, other than a prosecution, a copy of an order, decision or inspection report made under this Act or the regulations that appears to be signed by an inspector or the Director is admissible as evidence of the order, decision or inspection report and of the facts appearing in the document without further proof. 2017, c. 25, Sched. 5, s. 47. Same (2) In any proceeding, other than a prosecution, a copy of a record or thing made under clause 147 (1) (b) that appears to be certified as a true copy of the original by an inspector or the Director is admissible as evidence of the record or thing and of the facts appearing in it without further proof. 2017, c. 25, Sched. 5, s. 47. Same, prosecution (3) In any prosecution, a copy of an order, decision or inspection report made under this Act or the regulations that appears to be signed by an inspector or the Director, is admissible as evidence, in the absence of evidence to the contrary, of the order, decision or inspection report and of the facts appearing in the document without further proof. 2017, c. 25, Sched. 5, s. 47. Same (4) In any prosecution, a copy of a record or thing made under clause 147 (1) (b) that appears to be certified as a true copy of the original by an inspector or the Director is admissible as evidence, in the absence of evidence to the contrary, of the record or thing and of the facts appearing in it without further proof. 2017, c. 25, Sched. 5, s. 47. Admissibility of certain documents (5) In any proceeding, a certificate as to the result of an examination or test conducted under clause 147 (1) (f) that states the name and qualifications of the person who conducted the examination or test and that appears to be signed by that person is, without further proof of the office or signature of that person, admissible as evidence, in the absence of evidence to the contrary, of the facts stated in the certificate, if the certificate has been served on the other parties to the proceeding within a reasonable time before the certificate is adduced. 2017, c. 25, Sched. 5, s. 47. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 47 - 01/04/2018
174 (1) The Lieutenant Governor in Council may make regulations for carrying out the purposes and provisions of this Part. 2007, c. 8, s. 174 (1). Specific inclusions (2) Without restricting the generality of subsection (1), the Lieutenant Governor in Council may make regulations, (a) governing the actions to be taken by an inspector under subsection 152 (1) and the orders to be made by an inspector or Director under sections 153 to 157, including, without limiting the generality of the foregoing, specifying factors to be taken into account in determining what actions to take or orders to make, and specifying how such factors are to be taken into account; (a.1) requiring the payment of, and governing the charging of fees for, inspections; (a.2) governing administrative penalties under this Act and respecting all matters concerning the administration of a system of administrative penalties under this Act; (b) governing the occupation and operation of a long-term care home by an interim manager pursuant to an order under subsection 157 (4), including, without limiting the generality of the foregoing, (i) governing the continuation or non-continuation of the employment of employees under subsection 158 (2), (ii) providing for any matters arising from the change in occupation and operation by the licensee to the occupation and operation by the interim manager or from the cessation of the occupation and operation by the interim manager, including matters relating to employees of the licensee or the interim manager, (iii) clarifying what “attributable” means for the purposes of sections 157 and 158; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 174 (2) (b) of the Act is amended by adding the following subclause: (See: 2017, c. 25, Sched. 5, s. 48 (2)) (iv) for the purposes of clause 158 (1) (a), making exemptions from any other provision under section 158 and specifying alternative or additional conditions and requirements in respect of the employment of employees and in respect of any other matter affected by section 158; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 174 (2) of the Act is amended by adding the following clause: (See: 2017, c. 25, Sched. 5, s. 48 (3)) (b.1) governing suspensions by the Minister under section 158.1, including clarifying and modifying the application of other provisions of this Act to such suspensions; (c) governing the reasonable compensation that may be provided under paragraph 4 of subsection 157 (6); (d) providing for anything that under this Part may or must be provided for in regulations, or that is to be done in compliance with or in accordance with the regulations. 2007, c. 8, s. 174 (2); 2017, c. 25, Sched. 5, s. 48 (1). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 48 (1) - 01/07/2018; 2017, c. 25, Sched. 5, s. 48 (2, 3) - not in force part x   administration, miscellaneous and transition
174.1 (1) The Minister may issue operational or policy directives respecting long-term care homes where the Minister considers it to be in the public interest to do so. 2017, c. 25, Sched. 5, s. 49. Public interest (2) In deciding to issue an operational or policy directive, the Minister may consider any matter that the Minister regards as relevant, and without limiting the generality of the foregoing, may consider, (a) the proper management and operation of long-term care homes in general; (b) the availability of financial resources for the management and operation of the long-term care home system and for the delivery of long-term care home services; and (c) the quality of care and treatment of residents within long-term care homes generally. 2017, c. 25, Sched. 5, s. 49. Binding on licensees (3) Every licensee of a long-term care home shall carry out every operational or policy directive that applies to the long-term care home. 2017, c. 25, Sched. 5, s. 49. General or particular (4) An operational or policy directive of the Minister may be general or particular in its application, but may not be made with respect to one particular home or licensee. 2017, c. 25, Sched. 5, s. 49. Non-application of Legislation Act, 2006 (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to operational or policy directives. 2017, c. 25, Sched. 5, s. 49. Public availability (6) The Minister shall make every operational or policy directive available to the public. 2017, c. 25, Sched. 5, s. 49. Law prevails (7) For greater certainty, in the event of a conflict between an operational or policy directive issued under this section and another requirement under this Act, a provision of any applicable Act, or rule of any applicable law, the requirement, Act or rule prevails. 2017, c. 25, Sched. 5, s. 49. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 49 - 01/02/2018
175 (1) The Minister may appoint one or more persons as the Director. 2007, c. 8, s. 175 (1). Regulations (2) The regulations may provide for which Director is the Director for the purposes of any provision of this Act or of the regulations. 2007, c. 8, s. 175 (2).
176 The power to make orders under this Act includes the power to alter or revoke such orders from time to time and make others. 2007, c. 8, s. 176.
177 (1) The Minister and the Director may directly or indirectly collect personal information, subject to any conditions provided for in the regulations, for purposes related to the administration of this Act or for such other purposes as may be provided for in the regulations. 2007, c. 8, s. 177 (1). Use of personal information (2) The Minister and the Director may use personal information, subject to any conditions provided for in the regulations, for purposes related to the administration of this Act or for such other purposes as may be provided for in the regulations. 2007, c. 8, s. 177 (2). Disclosure (3) The Minister and the Director shall disclose personal information subject to any conditions provided for in the regulations for purposes related to the administration of this Act or for such other purposes as may be provided for in the regulations, but the Minister or the Director shall not disclose the information if, in his or her opinion, the disclosure is not related to those purposes. 2007, c. 8, s. 177 (3). Agreements (4) Subject to any conditions provided for in the regulations, the Minister may enter into agreements to collect, use or disclose personal information for purposes related to the administration of this Act or for such other purposes as may be provided for in the regulations. 2007, c. 8, s. 177 (4). Confidentiality (5) An agreement under subsection (4) shall provide that personal information collected, used or disclosed under it is confidential and shall require mechanisms for maintaining the confidentiality of the information. 2007, c. 8, s. 177 (5).
178 (1) A person who owns or operates a place that is not a long-term care home shall not describe the place as a “long-term care home”, “nursing home”, “home for the aged” or by a term that may cause confusion with one of those terms. 2007, c. 8, s. 178 (1). Offence (2) Every person who contravenes subsection (1) is guilty of an offence. 2007, c. 8, s. 178 (2).
179 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 is a commissioner 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. 2007, c. 8, s. 179; 2020, c. 7, Sched. 4, s. 13. Section Amendments with date in force (d/m/y) 2020, c. 7, Sched. 4, s. 13 - 12/05/2020
180 Anything that is required to be served under this Act may be served personally or by a method provided for under the regulations. 2007, c. 8, s. 180.
181 (1) No action or other proceeding, other than an application for judicial review under the Judicial Review Procedure Act or any right of appeal or review that is permitted under this Act, shall be commenced against the Crown, the Minister, the Director or any employee or agent of the Crown, including a local health integration network and the Agency, or any officer, director or employee of a local health integration network or the Agency, for anything done or omitted to be done in good faith in the execution or intended execution of a power or duty under this Act. 2007, c. 8, s. 195 (21); 2019, c. 5, Sched. 3, s. 12 (43). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 181 (1) of the Act, is amended by striking out “including a local health integration network and the Agency, or any officer, director or employee of a local health integration network or the Agency” and substituting “including the Agency, or any officer, director or employee of the Agency”. (See: 2019, c. 5, Sched. 3, s. 12 (44)) No remedy (2) Despite any other Act or law, no costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person against the Crown, the Minister, the Director or any employee or agent of the Crown, including a local health integration network and the Agency, or any officer, director or employee of a local health integration network or the Agency, in connection with anything referred to in subsection (1), except as provided for under this Act. 2017, c. 25, Sched. 5, s. 50; 2019, c. 5, Sched. 3, s. 12 (43). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 181 (2) of the Act, is amended by striking out “including a local health integration network and the Agency, or any officer, director or employee of a local health integration network or the Agency” and substituting “including the Agency, or any officer, director or employee of the Agency”. (See: 2019, c. 5, Sched. 3, s. 12 (44)) Section Amendments with date in force (d/m/y) 2007, c. 8, s. 195 (21) - 01/07/2010 2017, c. 25, Sched. 5, s. 50 - 01/02/2018 2019, c. 5, Sched. 3, s. 12 (43) - 06/06/2019; 2019, c. 5, Sched. 3, s. 12 (44) - not in force
185 (1) The Minister may decide that the procedures set out in section 184 shall apply to a regulation that is not the initial regulation with respect to a matter if the Minister decides that it is advisable in the public interest to do so, and in such a case section 184 applies with necessary modification. 2007, c. 8, s. 185 (1). No review (2) A court shall not review any decision by the Minister under this section as to whether or not to make the procedures set out in section 184 apply to a regulation. 2007, c. 8, s. 185 (2).
186 (1) A regulation under this Act is, if it so provides, effective with reference to a period before it is filed. 2007, c. 8, s. 186 (1). Same (2) A regulation under this Act may be general or particular in its application. 2007, c. 8, s. 186 (2). Incorporation by reference (3) A regulation under this Act may adopt by reference, in whole or in part and with such changes as are considered necessary, any code, standard, guideline or similar document and may require compliance with the code, standard or guideline. 2007, c. 8, s. 186 (3). Rolling incorporation by reference (4) Where a regulation has adopted by reference any code, standard, guideline or similar document that is made by a body that is not part of the Government of Ontario, the regulation may require compliance with the code, standard or guideline as amended from time to time, whether the amendment was made before or after the regulation was made. 2007, c. 8, s. 186 (4). Transitional
188 (1) Any authority or permission, express or implied, to operate more beds than were licensed under the Nursing Homes Act or approved under the Charitable Institutions Act or the Homes for the Aged and Rest Homes Act is extinguished on the day this section comes into operation. 2007, c. 8, s. 188 (1). Temporary licence (2) The Director shall issue a temporary licence under section 111 for each home identified in the following Table for the number of beds provided for in the Table: Table  Home   Beds 

  Elm Grove Living Centre Inc. (Toronto)   3 

  Extendicare Bayview (Toronto)   8 

  Regency Park Nursing/Retirement Centre (Windsor)   12 

  Senior’s Health Centre (Toronto)   10 

  Versa-Care Centre, Etobicoke (Toronto)   64 

  Yorkview Lifecare Centre (Toronto)   7 2007, c. 8, s. 188 (2). Term of temporary licence (3) The term of each temporary licence shall be three years starting on the day this section comes into operation. 2007, c. 8, s. 188 (3). Clarification of certain powers (4) For greater certainty, (a) the Director may impose conditions on a temporary licence under clause 101 (2) (a); and (b) a temporary licence may provide for notice to revoke the licence under paragraph 1 of subsection 111 (2) before the end of the term under subsection (3). 2007, c. 8, s. 188 (4).
189 (1) Where there is a mission statement in place for a long-term care home immediately before the day section 4 comes into force, the licensee shall ensure that a new mission statement is developed in accordance with section 4 within one year from that day. 2007, c. 8, s. 189 (1). Same, no mission statement in place (2) Where there is no mission statement in place for a long-term care home immediately before the day section 4 comes into force, the licensee shall ensure that a mission statement is developed in accordance with section 4 within one year from that day. 2007, c. 8, s. 189 (2).
190 Despite its repeal, clause 5 (1) (d) of the Charitable Institutions Act shall continue to apply with respect to a change in the use of, or sale or other disposition of, a long-term care home that was an approved charitable home for the aged under that Act before it was repealed. 2007, c. 8, s. 190.
191 (1) On the day this section comes into force, every home for the aged established and maintained under the Homes for the Aged and Rest Homes Act shall be deemed to have been established under an approval granted under Part VIII. 2007, c. 8, s. 191 (1). Same (2) In the case of a home being maintained by one or more municipalities, the approval shall be deemed to have been granted to the municipality or municipalities. 2007, c. 8, s. 191 (2). Same (3) In the case of a home being maintained by a board of management, the approval shall be deemed to have been granted to the board of management. 2007, c. 8, s. 191 (3).
192 Despite its repeal, subsection 14 (2) of the Homes for the Aged and Rest Homes Act
shall continue to apply with respect to a sale or other disposition of a long-term care home that was a home or joint home under that Act before it was repealed. 2007, c. 8, s. 192.
193 (1) No cause of action arises as a direct or indirect result of the enactment of this Act including, without limiting the generality of the foregoing, the deemed replacement of a licence or approval under section 187 or the extinguishment of any authority or permission under section 188. 2007, c. 8, s. 193 (1). No remedy (2) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with the enactment of this Act, including, without limiting the generality of the foregoing, the deemed replacement of a licence or approval under section 187 or the extinguishment of any authority or permission under section 188. 2007, c. 8, s. 193 (2).