Issuance of licence
5. (1) Subject to the following subsections, any person who applies in accordance with this Act and the regulations for a licence to establish, operate or maintain a nursing home and who meets the requirements of this Act and the regulations and who pays the fee established by the Minister is entitled to be issued the licence. R.S.O. 1990, c. N.7, s. 5 (1); 1997, c. 15, s. 13 (1). Where proposal not in public interest (2) Where an application is made for a licence under this Act and the Minister states in writing to the Director that it is not in the public interest to grant a licence to establish, operate or maintain the nursing home in the area where the applicant proposes to establish, operate or maintain the nursing home, section 15 shall not apply and the Director shall not issue a licence to the applicant and shall give written notice to the applicant of the refusal and of the Minister’s statement. Idem (3) Where an application is made for a licence under this Act and the Minister states in writing to the Director that it is not in the public interest to grant a licence to establish, operate or maintain the nursing home with a total bed capacity greater than the total bed capacity set out in the Minister’s statement, section 15 shall not apply and where the Director issues a licence to the applicant upon such application the Director shall give written notice to the applicant of the Minister’s statement and the licence shall be limited to a total bed capacity not greater than that set out in the Minister’s statement. R.S.O. 1990, c. N.7, s. 5 (2, 3). Matters to be considered by Minister (4) In considering under subsection (2) whether it is in the public interest to grant a licence to establish, operate or maintain a nursing home in an area and in considering under subsection (3) whether it is in the public interest to fix the maximum total bed capacity for which the Director may issue a licence to the applicant, the Minister shall take into account, (a) the licensed nursing home bed capacity that exists, (i) in the area, or (ii) in the area and any other area; (b) the health facilities other than facilities for nursing care that are available, (i) in the area, or (ii) in the area and any other area; (c) the number of applicants for nursing care, (i) in the area, or (ii) in the area and any other area; (d) the predictable continuing demand for nursing home facilities, (i) in the area, or (ii) in the area and any other area; and (e) the funds available to provide continuing accommodation, care, services, programs and goods in nursing homes in Ontario. R.S.O. 1990, c. N.7, s. 5 (4); 1993, c. 2, s. 31. Idem (5) In considering under subsection (2) whether it is in the public interest to grant a licence to establish, operate or maintain a nursing home in an area, the Minister shall also take into account, (a) the effect that granting the licence would have on the concentration of ownership of nursing homes, (i) in the area, (ii) in the area and any other area, or (iii) in Ontario; and (b) the effect that granting the licence would have on the balance between non-profit and profit-oriented nursing homes, (i) in the area, (ii) in the area and any other area, or (iii) in Ontario. Idem (6) For the purpose of clause (5) (b), the Minister shall announce, annually, in the Legislature the desired balance between non-profit and profit-oriented nursing homes. Grounds for refusal (7) Subject to section 15, the Director may refuse to issue a licence where in the Director’s opinion, (a) the proposed nursing home or its operation would contravene this Act or the regulations or any other Act or regulation or any municipal by-law respecting its establishment or location; (b) the past conduct of the applicant or, where the applicant is a corporation, of its officers or directors or the persons with a controlling interest in it affords reasonable grounds for belief that the home will not be operated in accordance with the law and with honesty and integrity; (c) the applicant or, where the applicant is a corporation, its officers or directors or the persons with a controlling interest in it are not competent to operate a nursing 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 (d) the past conduct of the applicant, or where the applicant is a corporation, of its officers, directors or the persons with a controlling interest in it affords reasonable grounds for belief that the home will be operated in a manner that is prejudicial to the health, safety or welfare of its residents. Expiration of licence (8) A licence expires twelve months after the date of its issue or renewal. Not transferable (9) A licence is not transferable. R.S.O. 1990, c. N.7, s. 5 (5-9).