157 (1) The Director may make an order revoking a licence. 2007, c. 8, s. 157 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 157 (1) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 38 (1)) Suspension or revocation (1) The Director may make an order suspending or revoking a licence. 2017, c. 25, Sched. 5, s. 38 (1). Grounds (2) A licence may be revoked under this section if, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 157 (2) of the Act is amended by striking out “may be revoked” in the portion before clause (a) and substituting “may be suspended or revoked”. (See: 2017, c. 25, Sched. 5, s. 38 (2)) (a) the licensee has not complied with a requirement under this Act; (b) any person has made a false statement in the application for the licence, or the licensee or any person acting on behalf of the licensee has made a false statement in any report, document or other information required to be furnished under this Act or under any other legislation in relation to the long-term care home; (c) the conduct of the licensee, a person with a controlling interest in the licensee or, where the licensee is a corporation, the conduct of the officers or directors, affords reasonable grounds to believe, (i) that the home is not being or will not be operated in accordance with the law and with honesty and integrity, (ii) that the licensee, officers, directors or persons are not competent to operate a home in a responsible manner in accordance with this Act and the regulations or are not in a position to furnish or provide the required services, or (iii) that the home is being operated or will be operated in a manner that is prejudicial to the health, safety or welfare of its residents; (d) a person has acquired control over, or interfered with, the operation of the long-term care home by exercising a security interest contrary to section 107; or Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 157 (2) of the Act is amended by striking out “or” at the end of clause (d) and by adding the following clause: (See: 2017, c. 25, Sched. 5, s. 38 (3)) (d.1) a person has acquired control over the operation of the long-term care home by exercising a security interest in accordance with section 107, and the conditions provided for in the regulations apply; or (e) a person has gained a controlling interest in the licensee without the approval of the Director, contrary to section 109, or a condition of such an approval has been breached. 2007, c. 8, s. 157 (2). When order effective (3) An order revoking a licence takes effect upon the expiry of the period for appealing the order under section 165, subject to section 25 of the Statutory Powers Procedure Act if the order is appealed. 2007, c. 8, s. 157 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 157 (3) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 38 (4)) When order effective (3) An order suspending or revoking a licence takes effect upon the expiry of the period for appealing the order under section 165, subject to section 25 of the Statutory Powers Procedure Act if the order is appealed. 2017, c. 25, Sched. 5, s. 38 (4). Interim management (4) If the Director has made an order revoking a licence, the Director may also make an order providing for the long-term care home to be occupied and operated by an interim manager until the revocation of the licence becomes effective and the residents of the home are relocated. 2007, c. 8, s. 157 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 157 (4) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 38 (4)) Interim management (4) If the Director has made an order suspending or revoking a licence, the Director may also make an order providing for the long-term care home to be occupied and operated by an interim manager, (a) for a period of time specified in the suspension order, subject to the regulations, if any; or (b) until the revocation of the licence becomes effective and the residents of the home are relocated. 2017, c. 25, Sched. 5, s. 38 (4). Who may be interim manager (5) The interim manager referred to in subsection (4) may be an employee of the Ministry, or an agent or contractor acting under the authority of the Ministry. 2007, c. 8, s. 157 (5); 2017, c. 25, Sched. 5, s. 38 (5). Provisions re interim management (6) The following apply when an order has been made under subsection (4): 1. The interim manager has all of the powers of the licensee to occupy, manage, operate and administer the home, and the licensee does not have those powers. 2. The interim manager may have any repairs made to the home that the interim manager considers necessary to prevent, eliminate or reduce harm to or an adverse effect upon the health of any person or impairment of the safety of any person. 3. The cost of repairs under paragraph 2 are a debt owed by the licensee to the Crown and may be set off against the compensation mentioned in paragraph 4 and against any other funding that would otherwise be provided to the licensee under this Act or the Connecting Care Act, 2019. 4. The licensee is not entitled to funding under this Act or the Connecting Care Act, 2019 or payment for any service provided at the home, including a payment by a resident for accommodation, while the home is under the control of the interim manager, other than reasonable compensation for use of the licensee’s property. 5. Any other amount owed by the licensee to the Crown may be set off against the compensation mentioned in paragraph 4. 6. The Crown and the interim manager shall not, by reason of the appointment of the interim manager, the occupation or operation of the home by the interim manager or the continuation of an employee’s employment under subsection 158 (2), be responsible for a liability or a portion of a liability incurred or attributable to a period before the interim manager began occupying and operating the home. 7. If the Crown or the interim manager pays any amount, a portion of which is attributable to anything that arose or occurred before the interim manager began occupying and operating the home, the licensee shall owe the Crown a debt equal to that portion. 2007, c. 8, ss. 157 (6), 195 (16, 17); 2017, c. 25, Sched. 5, s. 38 (6); 2019, c. 5, Sched. 3, s. 12 (33-36). Occupation of premises (7) Without limiting the generality of subsection (6), the interim manager, (a) despite sections 25 and 39 of the Expropriations Act, may immediately occupy, operate and manage the long-term care home; and (b) may apply without notice to the Superior Court of Justice for an order directing the sheriff to assist the interim manager in occupying the home. 2007, c. 8, s. 157 (7). Does not apply to approvals (8) This section does not apply to an approval under Part VIII. 2007, c. 8, s. 157 (8). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 195 (16, 17) - 01/07/2010 2017, c. 25, Sched. 5, s. 38 (1-4) - not in force; 2017, c. 25, Sched. 5, s. 38 (5) - 01/04/2018; 2017, c. 25, Sched. 5, s. 38 (6) - 01/07/2019 2019, c. 5, Sched. 3, s. 12 (33, 35) - 06/06/2019; 2019, c. 5, Sched. 3, s. 12 (34, 36) - 01/04/2021