jswizzle3737/ontario_laws_and_regs huggingface dataset:
Administration of Act
3. (1) The Minister is responsible for the administration and enforcement of this Act and the regulations. Director (2) The Minister shall appoint an officer of the Ministry to be the Director for the purposes of this Act. R.S.O. 1990, c. N.7, s. 3. Licences and service agreements
Licence required
4. (1) No person shall establish, operate or maintain a nursing home except under the authority of a licence issued by the Director under this Act. R.S.O. 1990, c. N.7, s. 4. Service agreement required (2) No licensee shall operate a nursing home unless, (a) the licensee is a party to a service agreement with the Crown in right of Ontario that relates to the home; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 49 (4) and the following substituted: (a) the licensee is a party to a service accountability agreement with a local health integration network that relates to the home; and See: 2006, c. 4, ss. 49 (4), 55 (2). (b) the service agreement complies with this Act and the regulations. 1993, c. 2, s. 30. Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 49 (4) and the following substituted: (b) the service accountability agreement complies with this Act, the Commitment to the Future of Medicare Act, 2004 and the regulations made under those Acts. See: 2006, c. 4, ss. 49 (4), 55 (2).
Undertake to issue licence
6. (1) The Director may undertake to issue a licence to an applicant on condition that the applicant agrees to satisfy the conditions specified by the Director. Issue licence, if conditions met (2) Where the Director determines that the applicant has complied with the specified conditions, the Director shall issue the licence. Notice to cancel undertaking (3) Where the Director determines that the applicant has not complied with the specified conditions, the Director by written notice to the applicant may propose to cancel the undertaking. Request for review (4) The applicant may submit to the Minister a written request for review asking that the Minister extend the undertaking and amend its conditions. Minister’s decision (5) Where the Minister receives a request for review within fifteen days after delivery of the notice under subsection (3), the Minister may extend the undertaking and amend its conditions or may cancel the undertaking. Undertaking cancelled (6) Where the Minister does not receive a request for review within fifteen days after delivery of the notice under subsection (3), the undertaking shall be deemed to be cancelled. R.S.O. 1990, c. N.7, s. 6.
Surrender and issue of licence
7. (1) Where a licensee notifies the Director that the licensee intends to surrender a licence to the Director on condition that the Director issue in its place a licence to a specified person, the specified person may apply for the issuance of the licence under this Act. Idem (2) Subsections 5 (1), (2) and (5) and clauses 5 (7) (b), (c) and (d) apply with necessary modifications to an application for a licence under subsection (1). Idem (3) Upon receiving notice that the Director intends to approve an application under subsection (1), the licensee shall surrender the licence and the Director shall issue a licence to the applicant. R.S.O. 1990, c. N.7, s. 7.
Share transfer
8. (1) Where a corporation that is a private company as defined in the Securities Act is a licensee, it shall not permit an issue or transfer of equity shares of its capital stock that has the effect of changing the ownership or controlling interest in the corporation without the prior approval of the Director. Idem (2) In deciding whether to approve an issue or a transfer of shares under subsection (1), the Director shall treat the corporation as proposed to be constituted after the transfer as if it were an applicant for a licence and subsections 5 (1), (2) and (5) and clauses 5 (7) (b), (c) and (d) apply with necessary modifications. R.S.O. 1990, c. N.7, s. 8.
Duty of corporation to notify Director
9. (1) Where a licensee is a corporation, the licensee shall notify the Director in writing within fifteen days of any change in the officers or directors of the corporation. Idem (2) Where a corporation has an interest in a licence, and the corporation or its officers or directors have reason to believe that an issue or transfer of equity shares of its capital stock or the happening of a condition by which shares of its capital stock acquire voting rights results or may result in a person acquiring a controlling interest in the corporation, the person shall so notify the Director forthwith. Statement required (3) The Director annually, in writing, shall direct a corporation that has an interest in a licence or its officers or directors to provide the names and addresses of all of the officers and directors of the corporation and a statement concerning the ownership or beneficial ownership of equity shares of capital stock in the corporation, which statement shall contain the information that in the opinion of the Director is reasonably necessary to enable the Director to determine, (a) what persons, if any, have a controlling interest in the corporation; and (b) what persons, if any, own or beneficially own directly or indirectly the persons or a controlling interest in the persons mentioned in clause (a). Idem (4) The Director may require the information described in subsection (3) to be provided more frequently than annually if, in the Director’s opinion, it is reasonably necessary for the purposes set out in subsection (3). R.S.O. 1990, c. N.7, s. 9.
Exercise of security interest
10. (1) A person who has a security interest in a licence shall not exercise that interest without the approval of the Director if exercise of the interest would change the ownership or controlling interest in the licence. Matters to be considered (2) In deciding whether to approve an exercise of a security interest under subsection (1), the Director shall treat the person seeking to exercise the interest as if the person were an applicant for a licence and subsections 5 (1), (2) and (5) and clauses 5 (7) (b), (c) and (d) apply with necessary modifications. R.S.O. 1990, c. N.7, s. 10.
Management contracts
11. (1) A licensee shall not enter into a contract whose effect is to change the management of a nursing home or the ownership or controlling interest in a licence without the approval of the Director. Matters to be considered (2) In deciding whether to approve a contract described in subsection (1), the Director shall treat the person who would take over the management of the nursing home or the ownership or controlling interest in the licence under the contract as if the person were an applicant for a licence and subsections 5 (1), (2) and (5) and clauses 5 (7) (b), (c) and (d) apply with necessary modifications. R.S.O. 1990, c. N.7, s. 11.
Protection from personal liability
14. No action or other proceeding for damages shall be instituted against the Director, or anyone acting under the authority of the Director, for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty. 1998, c. 18, Sched. G, s. 66 (3). Revoking or refusing to renew licence
Parties
16. (1) The following are parties before the Appeal Board under this Act, (a) the Director; (b) the applicant or the licensee who has required the hearing; (c) any resident or group of residents who request party status; (d) any employee or group of employees who request party status; and (e) any other person the Appeal Board may specify. R.S.O. 1990, c. N.7, s. 16 (1); 1998, c. 18, Sched. G, s. 66 (11). Submissions (2) The Appeal Board may permit any person who is not a party before it, including a resident, a representative of a resident, an employee of a nursing home or any other person who may be affected by its decision, to make written or oral submissions to the Appeal Board, and where it does so those submissions may be made either personally or through a person authorized under the Law Society Act to represent the non-party. R.S.O. 1990, c. N.7, s. 16 (2); 1998, c. 18, Sched. G, s. 66 (11); 2006, c. 21, Sched. C, s. 121. Examination of documentary evidence (3) A party to proceedings under subsection (1) and a person who is permitted to make submissions to the Appeal Board under subsection (2) shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. N.7, s. 16 (3); 1998, c. 18, Sched. G, s. 66 (11). Members holding hearing not to have taken part in investigation, etc. (4) Members of the Appeal Board holding a hearing shall not have taken part before the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or representative of a party except upon notice to and opportunity for all parties to participate, but the Appeal Board may seek legal advice from an adviser independent from the parties and in such case the nature of the advice should be made known to the parties in order that they may make submissions as to the law. R.S.O. 1990, c. N.7, s. 16 (4); 1998, c. 18, Sched. G, s. 66 (11). Recording of evidence (5) The oral evidence taken before the Appeal Board at a hearing shall be recorded and, if so required, copies or a transcript thereof shall be furnished upon the same terms as in the Superior Court of Justice. R.S.O. 1990, c. N.7, s. 16 (5); 1998, c. 18, Sched. G, s. 66 (11); 2006, c. 19, Sched. C, s. 1 (1). Findings of fact (6) The findings of fact of the Appeal Board following upon a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. R.S.O. 1990, c. N.7, s. 16 (6); 1998, c. 18, Sched. G, s. 66 (11). (7) Repealed: 1998, c. 18, Sched. G, s. 66 (4). Release of documentary evidence (8) Documents and things put in evidence at the hearing shall, upon the request of the person who produced them, be released to the person by the Appeal Board within a reasonable time after the matter in issue has been finally determined. R.S.O. 1990, c. N.7, s. 16 (8); 1998, c. 18, Sched. G, s. 66 (11).
Appeal to court
17. (1) Any party to the proceedings before the Appeal Board may appeal from its decision or order to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. N.7, s. 17 (1); 1998, c. 18, Sched. G, s. 66 (11). Record to be filed in court (2) Where any party appeals from a decision or order 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. R.S.O. 1990, c. N.7, s. 17 (2); 1998, c. 18, Sched. G, s. 66 (11). Minister entitled to be heard (3) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section. R.S.O. 1990, c. N.7, s. 17 (3). Powers of court on appeal (4) 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. R.S.O. 1990, c. N.7, s. 17 (4); 1998, c. 18, Sched. G, s. 66 (11).
Service of notice
18. Except where otherwise provided, any notice required by this Act to be served may be served personally or by registered mail addressed to the person to whom notice is to be given at the person’s latest known address and, where notice is served by registered mail, the service shall be deemed to have been made on the third day after the day of mailing unless the person to whom notice is given establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive the notice until a later date. R.S.O. 1990, c. N.7, s. 18.
Removal of residents
19. (1) Where the licensee’s licence is revoked and the revocation becomes final or where the nursing home is otherwise being operated without a licence, the residents or their representatives shall arrange to vacate the premises as soon as it is practicable and the Director shall assist in finding alternative accommodation. Interim management (2) For the purposes of arranging alternative accommodation under subsection (1), the Minister may, despite sections 25 and 39 of the Expropriations Act, immediately occupy and operate the nursing home or arrange for the nursing home to be occupied and operated by a person or organization designated by the Minister, for a period not exceeding six months, but all the rights of the licensee under that Act, except the right to possession, are preserved. Records (3) Where the licensee’s licence is revoked and the revocation becomes final or where the nursing home is otherwise being operated without a licence, the licensee and the administrator shall hand over to the Minister, or a person designated by the Minister, all the records that are in their possession or control and that pertain to the residents of the nursing home. R.S.O. 1990, c. N.7, s. 19.
Increase in bed capacity
20. In such special circumstances as are prescribed by the regulations, the Director may authorize an increase of the bed capacity of a nursing home, as set out in its licence, to such number of beds, for such period of time and subject to such conditions as the Director specifies. 1993, c. 2, s. 33.
Information to licensee
20.2 (1) A placement co-ordinator who authorizes a person’s admission to a nursing home shall give to the licensee of the nursing home the information mentioned in a paragraph of subsection (2) if, (a) the placement co-ordinator has the information mentioned in the paragraph; and (b) consent to the disclosure of the information to the licensee is given by, (i) the person whose admission is authorized, or (ii) the person, if any, who was lawfully authorized to consent to admission to the nursing home on behalf of the person whose admission is authorized. Same (2) The information referred to in subsection (1) is the following: 1. Information about assessments of the person whose admission is authorized. 2. Information about the person’s medical history. 3. Information about the person’s social and other care requirements. 4. The name and address of the person, if any, who was lawfully authorized to consent to admission to the nursing home on behalf of the person whose admission is authorized. 1993, c. 2, s. 33.
Preference for veterans
20.3 The Minister shall ensure that preference is given to veterans for access to beds that, (a) are located in nursing homes for which funding is provided under an agreement between the Government of Ontario and the Government of Canada relating to veterans; and (b) are designated by the Minister as veterans’ priority access beds. 1993, c. 2, s. 33.
Immunity
20.4 (1) No proceeding for damages shall be commenced against an employee or agent of a placement co-ordinator for any act done in good faith in the performance or intended performance of the person’s duty or for any alleged neglect or default in the performance in good faith of the person’s duty. Placement co-ordinator’s liability (2) Subsection (1) does not relieve a placement co-ordinator of liability for the acts or omissions of its employees or agents. 1993, c. 2, s. 33. Review of determination of ineligibility
Notice of determination
20.5 (1) If a placement co-ordinator determines that an applicant for a determination respecting eligibility for admission to a nursing home is not eligible, the placement co-ordinator shall ensure that the applicant and the person, if any, who applied for the determination on behalf of the applicant are notified of, (a) the determination of ineligibility; (b) the reasons for the determination; and (c) the applicant’s right to apply to the Appeal Board for a review of the determination. Application to Appeal Board (2) The applicant may apply to the Appeal Board for a review of the determination of ineligibility made by the placement co-ordinator. 1993, c. 2, s. 33.
Decision to Minister
20.7 Repealed: 1998, c. 18, Sched. G, s. 66 (7).
Appeal to Divisional Court
20.8 (1) A party to a review of the determination of ineligibility by the Appeal Board may appeal its decision to the Divisional Court on a question of law or fact or both, in accordance with the rules of court. 1998, c. 18, Sched. G, s. 66 (8). Record (2) If a party appeals a decision of the Appeal Board to the Divisional Court under this section, the Appeal Board shall promptly file with the Divisional Court the record of the proceeding before the Appeal Board and the transcript of the evidence taken before the Appeal Board, which together constitute the record in the appeal. 1998, c. 18, Sched. G, s. 66 (9). Minister to be heard (3) The Minister is entitled to be heard by counsel or otherwise on the argument of an appeal under this section. Powers of court on appeal (4) On an appeal under this section, the Divisional Court, (a) may affirm or rescind the decision of the Appeal Board; (b) 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; (c) may refer the matter back to the placement co-ordinator for re-determination in accordance with such directions as the court considers proper; (d) may substitute its opinion for that of the placement co-ordinator or the Appeal Board; and (e) may direct the placement co-ordinator to determine that the applicant is eligible for admission to a nursing home. Decision to Minister (5) The placement co-ordinator shall furnish the Minister with a copy of the decision and reasons of the Divisional Court. 1993, c. 2, s. 33.
Affidavits
20.9 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. 1993, c. 2, s. 33.
Plan of care
20.10 A licensee of a nursing home shall ensure that, (a) the requirements of each resident of the nursing home are assessed on an ongoing basis; (b) a plan of care is developed for each resident to meet the resident’s requirements; (c) the plan of care is revised as necessary when the resident’s requirements change; (d) an opportunity to participate fully in the development and revision of the resident’s plan of care is provided to, (i) the resident, (ii) if the resident is mentally incapable, his or her substitute decision-maker described in clause (a) of the definition of “substitute decision-maker” in subsection 1 (1) and, unless it is the same person, his or her substitute decision-maker described in clause (b) of the definition of “substitute decision-maker” in subsection 1 (1), and (iii) such other person as the persons mentioned in subclauses (i) and (ii) may direct; and (e) the care outlined in the plan of care is provided to the resident. 1993, c. 2, s. 33; 1996, c. 2, s. 74 (2).
Quality management
20.11 A licensee of a nursing home shall ensure that a quality management system is developed and implemented for monitoring, evaluating and improving the quality of the accommodation, care, services, programs and goods provided to the residents of the nursing home. 1993, c. 2, s. 33.
Capital funding
20.12 (1) If a licensee is a corporation without share capital to which Part III of the Corporations Act applies, the Minister may, out of money appropriated by the Legislature, provide financial assistance to the licensee to assist in defraying capital expenditures incurred or to be incurred by the licensee with respect to a nursing home. Conditions (2) The Minister may impose conditions on financial assistance provided under subsection (1). 1993, c. 2, s. 33.
Operating subsidy
20.13 (1) Payments shall be made in accordance with the regulations, out of money appropriated by the Legislature, to a licensee of a nursing home, to assist in defraying the maintenance and operating costs incurred or to be incurred by the licensee in providing accommodation, care, services, programs and goods to residents of the nursing home. 1993, c. 2, s. 34. Service agreement (2) No payment shall be made under subsection (1) unless, (a) the licensee receiving the payment is a party to a service agreement with the Crown in right of Ontario that relates to the nursing home; and (b) the service agreement complies with this Act and the regulations. 1993, c. 2, s. 34. Reduction or refusal of subsidy (3) Payments under subsection (1) may be reduced or withheld if the licensee has breached the service agreement with the Crown relating to the nursing home. 1993, c. 2, s. 34. Note: On a day to be named by proclamation of the Lieutenant Governor, section 20.13 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 49 (7) and the following substituted: Operating subsidy 20.13 (1) The Minister may provide funding to maintain and operate a nursing home to a licensee of the nursing home. 2006, c. 4, s. 49 (7). Terms and conditions (2) The Minister may impose terms and conditions on the funding. 2006, c. 4, s. 49 (7). Reduction or refusal of subsidy (3) The Minister may reduce or withhold the funding or may direct a local health integration network that provides funding, under the Local Health System Integration Act, 2006, to the licensee to reduce or withhold the funding if, (a) the licensee is in contravention of this Act, the regulations or the terms and conditions imposed on the funding under subsection (2); or (b) the licensee has breached the service accountability agreement relating to the nursing home. 2006, c. 4, s. 49 (7). Compliance (4) A local health integration network shall comply with a direction of the Minister under subsection (3). 2006, c. 4, s. 49 (7). See: 2006, c. 4, ss. 49 (7), 55 (2).
Additional grants
20.14 (1) The Minister may, out of money appropriated by the Legislature, make a grant to a licensee to assist in defraying the costs incurred or to be incurred by the licensee as a result of the occurrence of an extraordinary event prescribed by the regulations. 1993, c. 2, s. 34. Conditions (2) The Minister may impose conditions on a grant made under subsection (1). 1993, c. 2, s. 34. Note: On a day to be named by proclamation of the Lieutenant Governor, section 20.14 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 49 (8). See: 2006, c. 4, ss. 49 (8), 55 (2).
Service agreement
20.15 (1) A service agreement, (a) shall contain the provisions required by the regulations to be contained in a service agreement; (b) shall contain provisions respecting each matter required by the regulations to be provided for in a service agreement; and (c) may contain such other provisions as are agreed to by the parties, so long as such other provisions do not conflict with the provisions mentioned in clause (a). 1993, c. 2, s. 34. Negotiation and signing (2) A service agreement may be negotiated and signed on behalf of the Crown in right of Ontario only by the Minister or a person authorized by the Minister in writing to negotiate and sign service agreements. 1993, c. 2, s. 34. Exception (3) Section 6 of the Executive Council Act does not apply to a service agreement signed by a person authorized by the Minister in writing to sign service agreements. 1993, c. 2, s. 34. Note: On a day to be named by proclamation of the Lieutenant Governor, section 20.15 is repealed by the Statutes of Ontario, 2006, chapter 4, subsection 49 (8). See: 2006, c. 4, ss. 49 (8), 55 (2).
Notice
20.16 (1) A licensee of a nursing home shall give to the persons mentioned in subsection (1.1), a written notice, (a) setting out the rights of the resident under subsection 2 (2) and stating that the licensee is obliged to respect and promote those rights; (b) describing the accommodation, care, services, programs and goods that the licensee is required to provide or offer under this Act and under the service agreement relating to the nursing home; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 49 (9) by striking out “the service agreement” and substituting “the service accountability agreement”. See: 2006, c. 4, ss. 49 (9), 55 (2). (c) stating that the persons mentioned in subsection (1.1) may request access to and an explanation of the resident’s plan of care, and specifying the person to whom the request must be made; (d) setting out the procedures for making complaints about the maintenance or operation of the nursing home, the conduct of the staff of the nursing home or the treatment or care received by the resident in the nursing home; and (e) setting out such other matters as are prescribed by the regulations. 1993, c. 2, s. 34; 1996, c. 2, s. 74 (3, 4). Same (1.1) The notice must be given to, (a) each resident of the nursing home; (b) if the resident is mentally incapable, his or her substitute decision-maker described in clause (a) of the definition of “substitute decision-maker” in subsection 1 (1) and, unless it is the same person, his or her substitute decision-maker described in clause (b) of the definition of “substitute decision-maker” in subsection 1 (1); and (c) such other person as the persons mentioned in clauses (a) and (b) may direct. 1996, c. 2, s. 74 (5). Obligations re plan of care (2) If a request is made in accordance with clause (1) (c), the licensee shall ensure that access to and an explanation of the plan of care is provided to the person who made the request. 1993, c. 2, s. 34.
Posting of information
20.17 (1) A licensee of a nursing home shall post in the home, (a) a copy of section 2; (b) a copy of the service agreement relating to the nursing home; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 49 (9) by striking out “the service agreement” and substituting “the service accountability agreement”. See: 2006, c. 4, ss. 49 (9), 55 (2). (c) a copy of the most recent inspection report relating to the home received by the licensee under subsection 24 (13); (d) copies of those financial statements, reports and returns filed with the Minister that the regulations require to be posted; and (e) all other documents and information that the regulations require to be posted. 1993, c. 2, s. 34. Exception (2) In posting anything under subsection (1), the licensee shall not disclose the salary of an individual. 1993, c. 2, s. 34.
Resident responsible for payments for accommodation
21.1 (1) A resident is responsible for the payment of those amounts demanded by a licensee for accommodation in accordance with section 21. Minister to give statements (2) The Minister shall provide, annually and on the request of a resident, a statement setting out how much the resident may be charged for accommodation under subsection 21 (1). 1993, c. 2, s. 36. Recovery of certain payments
Appointment of inspectors
23. (1) The Minister may appoint such inspectors as are necessary for the purposes of this Act and the regulations and such appointments shall be in writing. Certificate of appointment (2) The Minister shall issue to every inspector a certificate of appointment and every inspector, in the execution of duties under this Act and the regulations, shall produce his or her certificate of appointment upon request. R.S.O. 1990, c. N.7, s. 23. Inspection
Warrant
24.1 (1) A justice of the peace may issue a warrant authorizing an inspector named in the warrant to enter premises specified in the warrant and to exercise any of the powers mentioned in subsection 24 (4), if the justice of the peace is satisfied on information under oath that, (a) the inspector has been prevented from exercising a right of entry to the premises under subsection 24 (2) or has been prevented from exercising a power under subsection 24 (4); or (b) there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the premises under subsection 24 (2) or will be prevented from exercising a power under subsection 24 (4). Expiry of warrant (2) A warrant issued under this section shall name a date on which it expires, which date shall not be later than thirty days after the warrant is issued. Extension of time (3) A justice of the peace may extend the date on which a warrant issued under this section expires for an additional period of no more than thirty days, upon application without notice by the inspector named in the warrant. Use of force (4) An inspector named in a warrant issued under this section may use whatever force is necessary to execute the warrant and may call upon a police officer for assistance in executing the warrant. Time of execution (5) A warrant issued under this section may be executed only between 8 a.m. and 8 p.m., unless the warrant specifies otherwise. Other matters (6) Subsections 23 (2) and 24 (5) to (13) apply with necessary modifications to an inspector executing a warrant issued under this section. 1993, c. 2, s. 38.
Protection from personal liability
24.2 (1) No proceeding for damages shall be commenced against an inspector for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in the performance in good faith of his or her duty. Crown liability (2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject in respect of a tort committed by an inspector. 1993, c. 2, s. 38.
Protection from reprisals
24.3 (1) No person shall do anything, or refrain from doing anything, in retaliation for another person making a disclosure to an inspector, so long as the disclosure was made in good faith. No interference (2) No person shall seek, by any means, to compel another person to refrain from making a disclosure to an inspector. 1993, c. 2, s. 38.
Reporting of harm to resident
25. (1) A person other than a resident who has reasonable grounds to suspect that a resident has suffered or may suffer harm as a result of unlawful conduct, improper or incompetent treatment or care or neglect shall forthwith report the suspicion and the information upon which it is based to the Director. Protection of persons reporting (2) No person shall dismiss, discipline or penalize another person because, (a) a report has been made to the Director under subsection (1); (b) the Director has been advised of a breach of this Act or the regulations; or (c) the Director has been advised of any other matter concerning the care of a resident or the operation of a nursing home that the person advising believes ought to be reported to the Director, unless the other person acts maliciously or without reasonable grounds. Idem (3) No person shall coerce, intimidate or attempt to coerce or intimidate another person because information described in clause (2) (a), (b) or (c) has been given to the Director. Idem (4) No person shall include in a report to the Director under subsection (1) information the person knows to be false. R.S.O. 1990, c. N.7, s. 25 (1-4). Duty on practitioners (5) Even if the information on which a report may be based is confidential or privileged, subsection (1) also applies to a legally qualified medical practitioner or any other person who is a member of a College as defined in subsection 1 (1) of the Regulated Health Professions Act, 1991 and no action for making the report shall be commenced against a practitioner or person who acts in accordance with subsection (1) unless that person acts maliciously or without reasonable grounds for the suspicion. R.S.O. 1990, c. N.7, s. 25 (5); 1998, c. 18, Sched. G, s. 66 (10). Privilege of solicitor (6) Nothing in this section abrogates any privilege that may exist between a solicitor and the solicitor’s client. Director to investigate (7) The Director shall cause any report made under subsection (1) to be investigated forthwith after receiving it. R.S.O. 1990, c. N.7, s. 25 (6, 7).
Licensee to forward complaints
26. (1) A licensee shall forward forthwith on receipt to the Director any written complaint the licensee receives concerning the care of a resident or the operation of the nursing home. Statement of licensee (2) The licensee shall include with a complaint forwarded under subsection (1) a statement of reply, setting out, (a) what the licensee has done to remedy the complaint; (b) what the licensee proposes to do to remedy the complaint and within what time the licensee proposes to do it; or (c) that the licensee believes the complaint to be unfounded and the reasons for the belief. Director to investigate (3) The Director shall cause any complaint received under subsection (1) to be investigated forthwith after receiving it. R.S.O. 1990, c. N.7, s. 26.
Immediate investigation
27. Where the Director receives a report from any source that gives the Director reasonable grounds to believe that the health, safety or welfare of a resident may be at risk, the Director shall cause an investigation to be commenced and the nursing home in which that resident lives to be visited forthwith. R.S.O. 1990, c. N.7, s. 27. 28. Repealed: 1993, c.2, s.39.
Immediate investigation
28. Repealed: 1993, c.2, s.39.
Residents’ council
29. (1) If a request for the establishment of a residents’ council is made to the administrator of a nursing home by at least three persons, each of whom is a person mentioned in subsection (2), (a) the administrator shall promptly notify the Director and the licensee of the nursing home of the request; and (b) the licensee shall assist the persons who made the request in establishing a residents’ council for the nursing home within sixty days of the request. 1993, c. 2, s. 40. Request for residents’ council (2) For the purpose of subsection (1), the following persons may request the establishment of a residents’ council for a nursing home: 1. A resident of the nursing home. 2. If a resident of the nursing home is mentally incapable, any of his or her substitute decision-makers. 1993, c. 2, s. 40; 1996, c. 2, s. 74 (6). Right to be a member (3) Subject to subsection (4), the following persons are entitled to be members of the residents’ council of a nursing home: 1. A resident of the nursing home. 2. If a resident of the nursing home is mentally incapable, any of his or her substitute decision-makers. 3. A person selected by the resident or, if the resident is mentally incapable, by any of his or her substitute decision-makers. 1993, c. 2, s. 40; 1996, c. 2, s. 74 (7). Who may not be a member (4) The following persons may not be members of the residents’ council of a nursing home: 1. The licensee of the nursing home. 2. An officer or director of the licensee. 3. A person with a controlling interest in the licensee. 4. The administrator of the nursing home. 5. Any other member of the staff of the nursing home. Appointment by Minister (5) At the request of a residents’ council, the Minister may appoint no more than three persons to be members of the residents’ council, and those persons shall serve as members at the pleasure of the residents’ council. Same (6) Only a person who lives in the area in which the nursing home is located and who is not employed by and does not have a contractual relationship with the Ministry may be appointed under subsection (5). 1993, c. 2, s. 40.
Meeting
29.1 (1) Unless a nursing home has a residents’ council, the licensee of the nursing home shall, at least once in each year, convene a meeting of the following persons to advise them of their right to establish a residents’ council: 1. The residents of the nursing home. 2. In the case of residents who are mentally incapable, their substitute decision-makers. 1996, c. 2, s. 74 (8). Results of meeting (2) Within thirty days after the meeting, the licensee shall notify the Director of the results of the meeting. 1993, c. 2, s. 40.
Powers of residents’ council
30. It is the function of a residents’ council of a nursing home, and the council has the power, to, (a) advise residents of the nursing home respecting their rights and obligations under this Act; (b) advise residents of the nursing home respecting the rights and obligations of the licensee of the nursing home, under this Act and under the service agreement relating to the nursing home; Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 49 (20) by striking out “the service agreement” and substituting “the service accountability agreement”. See: 2006, c. 4, ss. 49 (20), 55 (2). (c) meet regularly with the licensee or, if the licensee is a corporation, with representatives of the licensee, to, (i) review inspection reports relating to the nursing home received by the licensee under subsection 24 (13), (ii) review the allocation of money for accommodation, care, services, programs and goods provided in the nursing home, (iii) review the financial statements relating to the nursing home filed with the Minister under the regulations, and (iv) review the operation of the nursing home; (d) attempt to mediate and resolve a dispute between the licensee and a resident of the nursing home; and (e) report to the Minister any concerns and recommendations that in its opinion ought to be brought to the Minister’s attention. 1993, c. 2, s. 40.
Residents’ council assistant
31. (1) With the consent of a residents’ council, the Minister may appoint a residents’ council assistant to assist the residents’ council in carrying out its responsibilities. Duties (2) In carrying out his or her duties, a residents’ council assistant shall take instructions from and report to the residents’ council. 1993, c. 2, s. 40.
Information and assistance
32. (1) A licensee of a nursing home shall co-operate with the residents’ council and the residents’ council assistant and shall provide them with such financial and other information and such assistance as is required by the regulations. Obstruction (2) No person shall refuse entry to a nursing home to a residents’ council assistant or otherwise hinder, obstruct or interfere with a residents’ council assistant carrying out his or her duties. 1993, c. 2, s. 40.
Immunity
33. No proceeding shall be commenced against a member of a residents’ council or a residents’ council assistant for any act done under section 30, unless the act is done maliciously or without reasonable grounds. 1993, c. 2, s. 40.
Use of appellations
34. No person shall use the terms “nursing home”, “maison de soins infirmiers” or words of like import in connection with any premises unless the person is licensed under this Act. R.S.O. 1990, c. N.7, s. 34; 1993, c. 2, s. 41.
Liability of licensee
35. (1) In addition to any other liability for an offence under this Act or the regulations, the licensee is guilty of an offence for the contravention of any provision of this Act except subsection 25 (1) or of the regulations that creates an obligation in respect of a nursing home, (a) without imposing a duty on a specified person to carry it out; or (b) by imposing a duty on a specified person other than the licensee to carry it out. Idem (2) Despite subsection (1), a licensee is guilty of an offence under subsection (1) if the licensee contravenes subsection 25 (1). R.S.O. 1990, c. N.7, s. 35.
Penalty, individual
36. (1) An individual who contravenes any provision of this Act or the regulations, except subsections 19 (1), 20.1 (7), (8), (9), (10), (11), (12), (13), (16) and (18), section 20.2 and subsections 20.5 (1), 20.6 (5) and (16) and 20.8 (5), is guilty of an offence and on conviction is liable, (a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both; (b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both. 2002, c. 18, Sched. I, s. 17. Same, corporation (2) A corporation that contravenes any provision of this Act or the regulations, except subsections 19 (1), 20.1 (7), (8), (9), (10), (11), (12), (13), (16) and (18), section 20.2 and subsections 20.5 (1), 20.6 (5) and (16) and 20.8 (5), is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence. 2002, c. 18, Sched. I, s. 17. Compensation or restitution (3) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence. 2002, c. 18, Sched. I, s. 17. No limitation (4) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section. 2002, c. 18, Sched. I, s. 17.
Evidence of disabled resident
37. (1) Where a party to a proceeding under section 35 or 36 wishes to call as a witness in the proceeding a resident who by reason of age, infirmity or physical disability is unable to attend the proceeding, the party may apply to a provincial judge for an order appointing a justice of the peace to attend upon the witness and to take the evidence of the witness under oath. R.S.O. 1990, c. N.7, s. 37 (1). Idem (2) Where a party to a proceeding before the Appeal Board under this Act wishes to call as a witness in the proceeding a resident who by reason of age, infirmity or physical disability is unable to attend the proceeding, the members of the Appeal Board who are holding the hearing, at the request of the party, may attend upon the witness and take the evidence of the witness. R.S.O. 1990, c. N.7, s. 37 (2); 1998, c. 18, Sched. G, s. 66 (11). Medical report sufficient proof (3) A medical report signed by a legally qualified medical practitioner stating that the practitioner believes the resident is unable to attend a proceeding by reason of age, infirmity or physical disability is proof, in the absence of evidence to the contrary, of the inability of the witness to attend the proceeding. Opportunity to examine (4) A person shall not take evidence from a resident under subsection (1) or (2) unless reasonable notice of the time for taking the evidence is given to all parties to the proceeding and each party attending is given an opportunity to examine or cross-examine the resident. Transcript as evidence (5) A transcript of the evidence of a resident taken under subsection (1) and certified as correct by the person who recorded it may be read in evidence in a proceeding under this Act. R.S.O. 1990, c. N.7, s. 37 (3-5).