No decision without public submissions
12. (1) The Director shall not issue a licence, undertake to issue a licence under section 6, reissue a licence under section 7 or approve an issue or transfer of shares under section 8 unless the public has been given notice of the request to do so and an opportunity to make written and oral submissions in accordance with this section. Idem (2) The Director shall not renew a licence unless the public has been given notice of the request to do so and an opportunity to make written submissions in accordance with this section. Idem (3) Without limiting the requirement on the Director to give the public an opportunity for oral submissions under subsection (1), the Director shall ensure that for each nursing home at least once in every five years the public is given notice of the request to carry out a matter described in subsection (1) or (2) and an opportunity to make oral submissions with respect to it in accordance with this section. Public meeting (4) Where the opportunity for oral submissions is required under subsection (1) or (3), the Director shall cause a public meeting to be held concerning the request before making a decision and that meeting shall be held in the area where the nursing home is located. Idem (5) Despite subsection (4), where the public meeting concerns an issue or transfer of shares under section 8 in respect of a licensee that owns or controls more than one nursing home and those nursing homes are located in different areas, the Director shall determine where the meeting shall be held. Idem (6) If the Director is not able to chair the public meeting, the Director shall designate a representative of the Ministry to do so, and that representative shall prepare and give the Director a written report of the proceedings. Notice (7) At least thirty days before a decision in relation to a matter described in subsection (1) or (2) is to be made, the Director shall cause a notice inviting submissions to be published in a newspaper having general circulation in the area where the nursing home is located or intended to be located and the notice shall, (a) contain an explanation of the request being made and the reasons for it; (b) state that any person may make written submissions to the Director concerning the request; and (c) state that the Director will consider any submissions before making a decision. Idem (8) Where the Director is required to hold a public meeting, the notice required by subsection (7) shall be published at least thirty days before the public meeting is held and shall also invite any person interested in making oral submissions to attend the meeting and express his or her opinions and recommendations concerning the request. Idem (9) Where the request concerns an existing nursing home, the Director shall give a copy of the notice described in subsection (7) to the licensee and the licensee shall cause it to be posted in a conspicuous place in the nursing home. Submissions to be considered (10) The Director shall consider any submissions received under this section before making a decision concerning a matter described in subsection (1) or (2). R.S.O. 1990, c. N.7, s. 12.