jswizzle3737/ontario_laws_and_regs huggingface dataset:
Assistance with dressing
 37. If one of the care services that the licensee or the staff of a retirement home provide to a resident of the home is assistance with dressing, the licensee shall ensure that the resident is assisted with getting dressed as required, and is dressed appropriately, suitably to the time of day and the weather, in keeping with his or her preferences, in his or her own clean clothing and in appropriate clean footwear.  O. Reg. 166/11, s. 37.
Assistance with personal hygiene
 38. If one of the care services that the licensee or the staff of a retirement home provide to a resident of the home is assistance with personal hygiene, the licensee shall ensure that, (a) the resident receives individualized personal care, including hygiene care and grooming, on a daily basis; (b) the resident receives oral care to maintain the integrity of oral tissue that includes, to the extent required, (i) mouth care in the morning and evening, including the cleaning of dentures, and (ii) cuing the resident to brush his or her own teeth or physically assisting the resident to do so if the resident cannot, for any reason, do so; (c) the resident receives assistance, if required, to insert and remove dentures; (d) the resident receives preventive and basic foot care services, as required, including the cutting of toenails, to ensure comfort and prevent infection; and (e) the resident receives fingernail care, as required, including the cutting of fingernails.  O. Reg. 166/11, s. 38.
Assistance with ambulation
 39. If one of the care services that the licensee or the staff of a retirement home provide to a resident of the home is assistance with ambulation, the licensee shall ensure that, (a) staff use safe transferring and positioning devices or techniques when assisting the resident; and (b) the resident receives help in accessing his or her mobility devices, including wheelchairs, walkers and canes.  O. Reg. 166/11, s. 39.
Provision of a meal
 40. If one of the care services that the licensee or the staff of a retirement home provide to a resident of the home is the provision of a meal, the licensee shall ensure that, (a) if the licensee is the sole provider of the resident’s meals, the resident is offered at least three meals per day at reasonable and regular meal hours, a beverage between the morning and midday meals, a snack and a beverage between the midday and evening meals and a snack and a beverage after the evening meal; (b) menus provide adequate nutrients, fibre and energy for the resident, include fresh seasonal foods and are consistent with Canada’s Food Guide, as it exists from time to time; (c) the menu is varied and changes daily; (d) the menu cycle changes at least every 21 days; (e) the menu includes alternative entrée choices at each meal; (f) an individualized menu is developed for the resident if the resident’s needs cannot be met through the home’s menu cycle; (g) the resident is informed of his or her daily and weekly menu options; (h) the resident is given sufficient time to eat at his or her own pace; (i) food service workers and staff assisting the resident are aware of the resident’s diet, special needs and preferences; (j) staff monitor the resident during meals as required; (k) staff and volunteers hold and transport perishable hot and cold food safely; and (l) all dishes, utensils and equipment involved in the provision of a meal and provided by the licensee are clean and sanitary before each use and are cleaned and sanitized after each use.  O. Reg. 166/11, s. 40; O. Reg. 211/22, s. 12.
Dementia care program
 41. (1) If the licensee of a retirement home provides a dementia care program to a resident of the home, the licensee shall ensure that the program complies with this section.  O. Reg. 166/11, s. 41 (1). (2) The program shall include, (a) therapies, techniques and activities, including mental stimulation, to maximize the functioning and independence of the resident in the areas of physical, cognitive, sensory and social abilities; (b) monitoring the resident for safety and wellbeing; (c) therapies, techniques and activities to promote quality of life and wellbeing for the resident; (d) strategies for communicating with the resident if the resident has compromised communication and verbalization skills, a cognitive impairment or cannot communicate in the languages used in the retirement home; and (e) strategies for identifying and addressing triggers for responsive behaviours if the resident exhibits responsive behaviours.  O. Reg. 166/11, s. 41 (2). (3) The program shall be developed and implemented in accordance with evidence-based practices and, if there are none, in accordance with prevailing practices.  O. Reg. 166/11, s. 41 (3). (4) The program shall be supervised by a member of a College, as defined in the Regulated Health Professions Act, 1991,
with specific training in dementia care and care of older adults.  O. Reg. 166/11, s. 41 (4). (5) The program shall be evaluated at least annually and the licensee shall keep a written record of each evaluation.  O. Reg. 166/11, s. 41 (5).
Provision of skin and wound care
 42. (1) If one of the care services that the licensee or the staff of a retirement home provide to a resident of the home is the provision of skin and wound care, the licensee shall ensure that the program for the care complies with this section.  O. Reg. 166/11, s. 42 (1). (2) The care provided under the program shall include, (a) effective skin and wound care interventions; (b) routine skin care to maintain the resident’s skin integrity and prevent wounds; (c) strategies to promote the resident’s comfort and mobility; (d) strategies to promote the prevention of infection, including the monitoring of the resident; (e) strategies to transfer and position the resident to reduce and prevent skin breakdown and to reduce and relieve pressure, including the use of equipment, supplies, devices and positioning aids; and (f) preventive measures, including physiotherapy, nutrition care and proper positioning, if necessary.  O. Reg. 166/11, s. 42 (2). (3) The program shall be developed and implemented in accordance with evidence-based practices and, if there are none, in accordance with prevailing practices.  O. Reg. 166/11, s. 42 (3). (4) If a resident who receives care under the program is at risk of altered skin integrity, the licensee shall ensure that the resident promptly receives a skin assessment by a member of a College, as defined in the Regulated Health Professions Act, 1991, who has adequate training in skin and wound care.  O. Reg. 166/11, s. 42 (4). (5) If a skin assessment under subsection (4) determines that the resident is not exhibiting altered skin integrity, the licensee shall ensure that all necessary modifications are made to the resident’s plan of care that will reduce the risk to the resident of altered skin integrity.  O. Reg. 166/11, s. 42 (5). (6) If a resident who receives care under the program is exhibiting altered skin integrity, the licensee shall ensure that the resident immediately receives the required treatments and interventions under the supervision of a member of the College of Physicians and Surgeons of Ontario or the College of Nurses of Ontario.  O. Reg. 53/12, s. 6. (7) If a resident who does not receive care under the program is exhibiting altered skin integrity and the licensee or staff of the home are aware or ought to be aware of the resident’s altered skin integrity, the licensee shall ensure that the resident and the resident’s substitute decision-makers, if any, are immediately informed about the risk of harm to the resident and options for obtaining the required treatments and interventions under the supervision of a member of the College of Physicians and Surgeons of Ontario or the College of Nurses of Ontario.  O. Reg. 53/12, s. 6. Assessment of Care Needs
Assessment of Care Needs
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Initial assessment of care needs
 43. (1) Subject to section 45, no later than two days after a resident commences residency in a retirement home, the licensee of the home shall ensure that an initial assessment of the resident’s immediate care needs is conducted.  O. Reg. 166/11, s. 43 (1). (2) The initial assessment mentioned in subsection (1) shall consider the following matters with respect to the resident: 1. Continence. 2. Presence of infectious diseases. 3. Risk of falling. 4. Known allergies. 5. Dietary needs including known food restrictions. 6. Cognitive ability. 7. Risk of harm to self and to others. 8. Risk of wandering. 9. Needs related to drugs and other substances.  O. Reg. 166/11, s. 43 (2).
Full assessment of care needs
 44. (1) Subject to section 46, no later than 14 days after a resident commences residency in a retirement home, the licensee shall ensure that a full assessment of the resident’s care needs and preferences is conducted.  O. Reg. 166/11, s. 44 (1). (2) The full assessment mentioned in subsection (1) shall consider the following matters with respect to the resident: 1. Physical and mental health. 2. Functional capacity. 3. Cognitive ability. 4. Behavioural issues. 5. Need for care services. 6. Need for assistance with the activities of daily living. 7. The matters listed in subsection 43 (2). 8. Any other matter relevant to developing a plan of care for the resident.  O. Reg. 166/11, s. 44 (2). (3) If a licensee or a staff member of a retirement home has reason to believe that a resident’s care needs may include dementia care, skin and wound care, or the use of a personal assistance services device, the licensee shall ensure that the full assessment is, (a) conducted by a member of a College, as defined in the Regulated Health Professions Act, 1991; and (b) if the resident’s care needs include dementia care, carried out using a clinically appropriate assessment instrument that is specifically designed for the assessment of dementia and related conditions.  O. Reg. 166/11, s. 44 (3).
Exception, initial assessment
 45. A licensee is exempt from the requirement in section 43 to conduct an initial assessment if, (a) the licensee, a staff member in a retirement home or a member of a College, as defined in the Regulated Health Professions Act, 1991, conducts an initial assessment of the resident in accordance with that section not more than 30 days before the resident commences residency; (b) the licensee, a staff member in a retirement home or a member of a College, as defined in the Regulated Health Professions Act, 1991, conducts a full assessment of the resident in accordance with that section not more than 30 days before the resident commences residency; or (c) the licensee or a staff member in a retirement home conducts a full assessment of the resident in accordance with section 44 not later than two days after the resident commences residency.  O. Reg. 166/11, s. 45.
Exception, full assessment
 46. A licensee is exempt from the requirement in section 44 to conduct a full assessment if the licensee, a staff member in a retirement home or a member of a College, as defined in the Regulated Health Professions Act, 1991, conducts a full assessment of the resident in accordance with that section not more than 30 days before the resident commences residency.  O. Reg. 166/11, s. 46. Plan of Care
Plan of Care
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Development of plan of care
 47. (1) Subject to subsection (4), as soon as possible and not later than two days after a resident commences residency in a retirement home, the licensee of a retirement home shall develop an initial plan of care for the resident based on the initial assessment of the resident’s immediate care needs conducted under section 43 that includes all of the information listed in subsection 62 (4) of the Act that is relevant to the resident’s immediate care needs.  O. Reg. 166/11, s. 47 (1). (2) No later than 21 days after a resident commences residency in a retirement home, the licensee of the home shall develop a complete plan of care for the resident based on the full assessment of the resident’s care needs and preferences conducted under section 44 that takes into account all of the matters that must be considered in a full assessment.  O. Reg. 166/11, s. 47 (2). (3) A licensee of a retirement home is exempt from the requirement in subsection (1) to develop an initial plan of care for a resident not later than two days after the resident commences residency if the licensee develops a complete plan of care for the resident based on a full assessment of the resident’s care needs and preferences not later than two days after the resident commences residency.  O. Reg. 166/11, s. 47 (3). (4) Subject to subsections (5) and (6), a plan of care for a resident is complete if the plan, (a) satisfies the requirements in subsections 62 (4) of the Act; (b) sets out, (i) any information that is necessary to allow the licensee’s staff to understand the resident’s needs and preferences, including cultural, spiritual and religious preferences and customary routines, (ii) the names and contact information of the resident’s substitute decision-makers, if any, and (iii) the names of the persons who participated in the development of the plan and whether the resident and his or her substitute decision-makers, if any, participated in the development of the plan; and (c) has been approved in accordance with subsection 62 (9) of the Act.  O. Reg. 166/11, s. 47 (4). (5) If an assessment of a resident indicates that the resident’s care needs may include dementia care, skin and wound care or the use of a personal assistance services device, the licensee shall ensure that an interdisciplinary care conference is held as part of the development of the resident’s plan of care and that the resident’s plan of care takes into account the results of the care conference.  O. Reg. 166/11, s. 47 (5). (6) The licensee shall ensure that the resident, the resident’s substitute decision-maker, if any, and any other person designated by the resident or the substitute decision-maker are given an opportunity to participate in the interdisciplinary care conference mentioned in subsection (5).  O. Reg. 166/11, s. 47 (6). (7) If one of the care services that the licensee provides to a resident is the provision of a meal, the resident’s plan of care is only complete if it includes a description of the food restrictions, food allergies and food sensitivities of the resident that are known.  O. Reg. 166/11, s. 47 (7).
Approval of the plan of care
 48. (1) For the purposes of paragraph 2 of subsection 62 (9) of the Act and subject to subsection (2), the licensee shall ensure that a resident’s plan of care is approved by, (a) a member of the College of Physicians and Surgeons of Ontario or the College of Nurses of Ontario; or (b) a person acting under the supervision of a member of the College of Physicians and Surgeons of Ontario or the College of Nurses of Ontario.  O. Reg. 166/11, s. 48 (1). (2) For the purposes of paragraph 2 of subsection 62 (9) of the Act, if an assessment of a resident indicates that the resident’s care needs may include dementia care, skin and wound care or the use of a personal assistance services device, the licensee shall ensure that the resident’s plan of care is approved by a member of the College of Physicians and Surgeons of Ontario or the College of Nurses of Ontario.  O. Reg. 166/11, s. 48 (2); O. Reg. 53/12, s. 7.
Alternatives to a retirement home
 49. (1) For the purposes of subsection 63 (3) of the Act, the licensee of a retirement home shall provide a resident with information about alternatives to living in the home if, (a) an assessment of the resident indicates that the resident may be eligible for admission to a long-term care home as defined in the
Fixing Long-Term Care Act, 2021; or (b) the resident’s care needs cannot be met at the home.  O. Reg. 166/11, s. 49 (1); O. Reg. 313/22, s. 1. (2) A licensee shall provide to the Registrar annually the documentation required under clause 63 (3) (c) of the Act.  O. Reg. 166/11, s. 49 (2).
Application of Health Care Consent Act, 1996
 50. The Health Care Consent Act, 1996 applies to a resident of a retirement home in relation to decisions concerning a personal assistance service as defined in that Act, as if the resident were a recipient as defined in that Act.  O. Reg. 166/11, s. 50. Devices
Devices
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Prohibited devices
 51. For the purposes of subsection 60 (3) of the Act, every licensee of a retirement home shall ensure that none of the following devices are used in the home: 1. A roller bar on wheelchairs, commodes or toilets. 2. Any device used to restrain a person to a commode or toilet. 3. Vest or jacket restraints. 4. Any device with locks that can only be released by a separate device, such as a key or magnet. 5. Four point extremity restraints. 6. Any device that cannot be immediately released by staff. 7. Sheets, wraps, tensors or other types of strips or bandages used other than for a therapeutic purpose.  O. Reg. 166/11, s. 51.
Personal assistance services devices
 52. (1) Every licensee of a retirement home shall ensure that the home’s written policy under subsection 68 (3) of the Act deals with, (a) the duties and responsibilities of staff, including, (i) who has the authority to apply a personal assistance services device to a resident or to release a resident from a personal assistance services device, and (ii) ensuring that all appropriate staff are aware at all times of when the licensee has permitted the use of a personal assistance services device for a resident; (b) the prohibition on restraining a resident in any way under subsection 68 (1) of the Act except when restraining under the common law duty described in subsection 71 (1) of the Act when immediate action is necessary to prevent serious bodily harm to the person or others; (c) the types of personal assistance services devices permitted to be used; (d) how consent to the use of personal assistance services devices as set out in section 69 of the Act is to be obtained and documented; (e) alternatives to the use of personal assistance services devices, including how the alternatives are planned, developed and implemented, using an interdisciplinary approach; and (f) how the use of personal assistance services devices in the home will be evaluated to ensure that all necessary use of a personal assistance services device is done in accordance with the Act and this Regulation.  O. Reg. 166/11, s. 52 (1). (2) Every licensee of a retirement home shall ensure that a personal assistance services device used under section 69 of the Act is, (a) well maintained; (b) applied by staff of the home in accordance with the manufacturer’s instructions, if any; (c) used in accordance with evidence-based practices and, if there are none, in accordance with prevailing practices; (d) not altered except for routine adjustments in accordance with the manufacturer’s instructions, if any; (e) removed as soon as it is no longer required to assist a resident with a routine activity of living, unless the resident requests that it be retained; and (f) removed as soon as a resident has altered skin integrity or is at risk of altered skin integrity related to the use of the device.  O. Reg. 166/11, s. 52 (2). Restraint
Restraint
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Restraint by a physical device
 53. (1) Every licensee of a retirement home shall ensure that the following requirements are met with respect to the restraining of a resident by a physical device pursuant to the common law duty described in subsection 71 (1) of the Act: 1. A member of the College of Physicians and Surgeons of Ontario or a member of the College of Nurses of Ontario has ordered the use of the device. 2. Staff apply the device in accordance with the manufacturer’s instructions, if any. 3. The device is well maintained. 4. The device is not altered except for routine adjustments in accordance with the manufacturer’s instructions, if any.  O. Reg. 166/11, s. 53 (1). (2) If a resident is being restrained by a physical device when immediate action is necessary to prevent serious bodily harm to the resident or to others pursuant to the common law duty described in subsection 71 (1) of the Act, the licensee shall ensure that, (a) the resident is monitored or supervised on an ongoing basis and released from the device and repositioned when necessary based on the resident’s condition or circumstances; and (b) the resident’s condition is reassessed only by a member of the College of Physicians and Surgeons of Ontario or the College of Nurses of Ontario at least every 15 minutes and at any other time when reassessment is necessary based on the resident’s condition or circumstances.  O. Reg. 166/11, s. 53 (2). (3) After the application of a physical device pursuant to the common law duty described in subsection 71 (1) of the Act, the licensee shall explain to the resident, or the resident’s substitute decision-makers if the resident is incapable, the reason for the use of the device.  O. Reg. 166/11, s. 53 (3). (4) If a resident has been restrained by a physical device pursuant to the common law duty described in subsection 71 (1) of the Act and if the resident is released from the device or the use of the device is being discontinued, the licensee shall ensure that appropriate post-restraining care is provided to ensure the safety and comfort of the resident.  O. Reg. 166/11, s. 53 (4). (5) Every licensee shall ensure that every use of a physical device to restrain a resident pursuant to the common law duty described in subsection 71 (1) of the Act is documented and, without limiting the generality of this requirement, the licensee shall ensure that the following are documented: 1. The circumstances precipitating the application of the device. 2. The person who made the order, what device was ordered, and any instructions relating to the order. 3. The person who applied the device and the time of application. 4. All assessments, reassessments and monitoring of the resident, including the resident’s response. 5. Every release of the device and all repositioning. 6. The removal or discontinuance of the device, including the time of removal or discontinuance of the device and the post-restraining care of the resident.  O. Reg. 166/11, s. 53 (5).
Restraint by a drug
 54. (1) For the purposes of subsection 71 (3) of the Act, the administration of a drug pursuant to the common law duty described in subsection 71 (1) of the Act may be ordered by a registered nurse in the extended class.  O. Reg. 166/11, s. 54 (1). (2) Every licensee shall ensure that every administration of a drug to restrain a resident when immediate action is necessary to prevent serious bodily harm to the resident or to others pursuant to the common law duty described in subsection 71 (1) of the Act is documented, and without limiting the generality of this requirement, the licensee shall ensure that the following are documented: 1. The circumstances precipitating the administration of the drug. 2. The person who made the order, what drug was administered, the dosage given, by what means the drug was administered, the times when the drug was administered and the person who administered the drug. 3. The resident’s response to the drug. 4. All assessments, reassessments and monitoring of the resident. 5. Discussions with the resident or, if the resident is incapable, the resident’s substitute decision-makers, after the administration of the drug to explain the reasons for the use of the drug.  O. Reg. 166/11, s. 54 (2). (3) Every licensee shall ensure that every administration of a drug to restrain a resident when immediate action is necessary to prevent serious bodily harm to the resident or to others pursuant to the common law duty described in subsection 71 (1) of the Act ceases immediately once the threat of serious bodily harm to residents or others has passed.  O. Reg. 166/11, s. 54 (3). (4) Every licensee shall develop and implement polices to ensure that the requirements under subsections (2) and (3) are met and shall ensure that staff receive annual training in the policies.  O. Reg. 166/11, s. 54 (4). Records
Records
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Contents of records
 55. (1) The licensee of a retirement home shall keep a record for each resident of the home that complies with the requirements of this section.  O. Reg. 166/11, s. 55 (1). (2) The record for each resident shall include, (a) documentation of all consents related to the collection, use, retention or disclosure of the resident’s personal information, including personal health information; (b) if the resident was assessed for the purposes of developing the resident’s plan of care, documentation of when the resident was assessed and by whom; (c) if the resident did not consent to an assessment, documentation of that fact; (d) a copy of the resident’s most recent plan of care; (e) a copy of the written agreement between the resident and the licensee required under section 53 of the Act; (f) if the licensee is required to deliver notice to the resident under clause 49 (1) (b) of the Act with respect to ceasing to operate the home as a retirement home, evidence that the licensee delivered the notice and that the resident received it; and (g) a copy of the written instructions and authorizations and acknowledgements of receipt of funds of the resident and the person acting on behalf of the resident that relate to money required to be held in trust under section 72 of the Act and that subclause 57 (9) (g) (ii) of this Regulation requires the licensee to retain.  O. Reg. 166/11, s. 55 (2). (3) In addition to subsection (2), for each resident of a retirement home to which the licensee of the home provides at least one care service, the record shall include, (a) the following documents or information to the extent that they are reasonably available to the licensee: (i) the name and contact information of the resident’s known substitute decision-makers, if any, (ii) the name and contact information of the resident’s next of kin, (iii) the name of the resident’s primary health care provider; and (b) the information required under subsection 62 (11) of the Act.  O. Reg. 166/11, s. 55 (3). (4) In addition to subsection (2), for each resident of a retirement home to which the licensee of the home provides at least one care service described in subsection 2 (1), the record shall include, (a) the resident’s health number; and (b) all information of the resident’s medical history, including the period before the date on which the resident commenced residency in the home, that is relevant to the care services that the licensee provides to the resident.  O. Reg. 166/11, s. 55 (4). (5) A licensee of a retirement home shall keep records proving compliance with the Act and this Regulation in relation to, (a) the police record checks required by section 64 of the Act; (b) the declarations required by subsection 13 (3) of this Regulation; (c) the skills, qualifications and training of the staff who work in the home; (d) the training of volunteers required by section 66 of the Act; (e) the consultations required under subsection 25 (2) or paragraph 1 of section 26 of this Regulation, as the case may be; and (f) the screening required under subsection 27 (8) of this Regulation.  O. Reg. 166/11, s. 55 (5); O. Reg. 453/18, s. 5.
Format and retention of records
 56. (1) In this section, “record” means any document or record of information, including personal health information, in any form.  O. Reg. 166/11, s. 56 (1). (2) This section applies to all records that the licensee of a retirement home is required to keep under the Act or this Regulation, including records relating to a resident, and documentation that the licensee is required to keep when providing a care service to a resident.  O. Reg. 166/11, s. 56 (2). (3) The licensee shall ensure that each of the records is kept in a readable and useable format that allows a complete copy of the record to be readily produced.  O. Reg. 166/11, s. 56 (3). (4) The licensee shall ensure that each of the records is retained for a reasonable length of time to be determined based on the nature of the record.  O. Reg. 166/11, s. 56 (4). (5) In addition to subsection (4), if a record is a record that subsection 55 (1) requires the licensee to keep in respect of a resident of a retirement home, the licensee shall ensure that the record is retained for no less than seven years from the last day on which the person is a resident of the home and that a copy of the record is available in the home at all times during that period.  O. Reg. 166/11, s. 56 (5). (6) The licensee shall ensure that records relating to a resident or to the police record checks required by section 64 of the Act or the declarations required by subsection 13 (3) of this Regulation with respect to staff who work in the retirement home are kept in a manner that protects the security and confidentiality of the records.  O. Reg. 166/11, s. 56 (6); O. Reg. 453/18, s. 5. (7) The licensee shall develop a written policy detailing how the licensee will comply with the requirements in this section.  O. Reg. 166/11, s. 56 (7). General
Prohibition on borrowing, etc.
 57.1 (1) A licensee, staff member, external care provider or volunteer of a retirement home shall not, (a) borrow money or other property from a resident; or (b) receive or hold a resident’s money or other property except in accordance with section 72 of the Act or for the payment of rent, care services or other legitimate charges connected to the retirement home. O. Reg. 211/22, s. 13. (2) Subsection (1) does not apply if the licensee, staff member, volunteer or external care provider is related to the resident. O. Reg. 211/22, s. 13. (3) Despite subsection (2), subsection (1) applies if one or both of the following documents prohibits persons related to a resident from borrowing money or other property from a resident or receiving or holding a resident’s money or other property: 1. A written policy of the retirement home. 2. A contract or agreement between the licensee and a staff member or an employment agency or other third party in respect of the staff member, a volunteer or an external care provider. O. Reg. 211/22, s. 13. (4) A person who is related to another person for the purposes of subsections (2) and (3) includes a person related through adoption, marriage or conjugal relationship outside marriage. O. Reg. 211/22, s. 13.
Exemption for reporting to the Registrar
 58. A person is exempt from the requirement to make a report to the Registrar under subsection 75 (1) of the Act if the person does not have reasonable grounds to suspect that the subject, or possible subject, of improper or incompetent treatment or care, abuse, neglect, unlawful conduct or misuse or misappropriation of money is a resident of a retirement home.  O. Reg. 166/11, s. 58.
Frequency of inspections
 58.1 For the purposes of subsection 77 (3) of the Act, the Registrar shall ensure that every retirement home in respect of which a licence has been issued is inspected under the Act at least once every three years.  O. Reg. 53/12, s. 8.
Procedure for complaints to licensee
 59. (1) Every licensee of a retirement home shall ensure that every written or verbal complaint made to the licensee or a staff member concerning the care of a resident or operation of the home is dealt with as follows: 1. The complaint shall be investigated. If the complaint alleges harm or risk of harm to one or more residents, the investigation shall be commenced immediately. 2. The complaint shall be resolved if possible, and a response that complies with paragraph 4 provided within 10 business days of the receipt of the complaint. 3. For those complaints that cannot be investigated and resolved within 10 business days, an acknowledgement of receipt of the complaint shall be provided within 10 business days of receipt of the complaint, including the date by which the complainant can reasonably expect a resolution, and a follow-up response that complies with paragraph 4 shall be provided as soon as possible in the circumstances. 4. A response shall be made to the person who made the complaint, indicating, i. what the licensee has done to resolve the complaint, or ii. that the licensee believes the complaint to be unfounded and the reasons for the belief.  O. Reg. 166/11, s. 59 (1). (2) The licensee shall ensure that a written record is kept in the retirement home that includes, (a) the nature of each verbal or written complaint; (b) the date that the complaint was received; (c) the type of action taken to resolve the complaint, including the date of the action, time frames for actions to be taken and any follow-up action required; (d) the final resolution, if any, of the complaint; (e) every date on which any response was provided to the complainant and a description of the response; and (f) any response made in turn by the complainant.  O. Reg. 166/11, s. 59 (2). (3) The licensee shall ensure that, (a) the written record is reviewed and analyzed for trends at least quarterly; (b) the results of the review and analysis are taken into account in determining what improvements are required in the retirement home; and (c) a written record is kept of each review and of the improvements made in response.  O. Reg. 166/11, s. 59 (3). (4) Subsections (2) and (3) do not apply with respect to verbal complaints that the licensee is able to resolve within 24 hours of the complaint being received.  O. Reg. 166/11, s. 59 (4). (5) If a complaint is made before the day this section comes into force, but not finally dealt with by that day, the complaint shall be dealt with as provided for in this section to the extent possible.  O. Reg. 166/11, s. 59 (5).
Inspection of retirement home
 60. For greater certainty, if a complaint received under subsection 83 (1) of the Act with respect to a retirement home or information that the Registrar receives indicates that a contravention of section 115 of the Act may have occurred, the Registrar may, if the Registrar considers it appropriate, have an inspector visit the home.  O. Reg. 53/12, s. 9.
Extraordinary circumstances
 60.0.1 The following are prescribed as extraordinary circumstances for the purposes of subsection 92.1 (1) of the Act: 1. Acts of God, including extreme weather events or other natural disasters. 2. Severe flooding. 3. Staff shortages that rise to a critical level. 4. Shortages of critical supplies or interruptions of essential services, including with respect to food, heat, water and electricity. 5. Fires, explosions, chemical spills or similar major hazards. 6. Acts of terrorism. 7. Major failures or destruction of critical physical or technological infrastructure, including failures caused by ransomware or cyber attacks. 8. Epidemics or pandemics, including any necessary quarantines. O. Reg. 211/22, s. 14.
Surrender of terminated licence
 60.0.2 A licensee shall surrender their licence to the Registrar immediately after the licence is terminated under section 48 of the Act. O. Reg. 211/22, s. 14.
Surrender of revoked licence
 60.0.3 In an order revoking a licence under section 95 of the Act, the Registrar shall require the licensee to surrender the revoked licence to the Registrar on or before the date specified in the order. O. Reg. 211/22, s. 14.
Administrative penalties
 60.1 (1) For the purposes of section 93 of the Act, the Registrar shall determine the amount of an administrative penalty for a contravention of a requirement under the Act in accordance with the following rules: 1. The Registrar shall determine whether, in his or her opinion, the contravention had a major, moderate or minor adverse effect, or the potential to have such an adverse effect, on residents of a retirement home or other persons. 2. The range for the administrative penalty is set out in Column 2 of the Table to this subsection opposite the determination set out in Column 1 as described in paragraph 1. 3. The amount of the administrative penalty for the contravention is an amount selected by the Registrar from within the range described in paragraph 2 after considering the following criteria: i. The extent to which the person who committed the contravention has mitigated the adverse effects of the contravention or the potential for the contravention to adversely affect residents of the retirement home or other persons. ii. Whether the person who committed the contravention has previously contravened any requirement under the Act. iii. Whether the person who committed the contravention derived any economic benefit from the contravention. iv. The purpose of the administrative penalty as set out in subsection 93 (2) of the Act. Table   Range of Administrative PEnalties  Column 1   Column 2 

  Severity of adverse effect or potential adverse effect   Range 

  Major   From $2,500 to $10,000 

  Moderate   From $1,000 to $5,000 

  Minor   From $100 to $2,000 O. Reg. 53/12, s. 10. (2) A person ordered to pay an administrative penalty is required to pay the penalty within 30 days of being served with the order or whatever other longer period that is specified in the order.  O. Reg. 53/12, s. 10. 61. Revoked: O. Reg. 53/12, s. 11.
Registers
 62. (1) For the purposes of paragraph 3 of subsection 106 (1) of the Act, a register shall contain, for each licence to operate a retirement home, (a) the name of the primary contact person for the licensee and, if available, additional contact information for the licensee, such as e-mail address, telephone number, fax number and website address; (b) the name of every person who has a controlling interest in the licensee; (c) a unique identifier for the licence; (d) the date that a licence to operate the home was first issued; and (e) the name of the person, if any, that the licensee employs or retains to manage the operations or most of the operations of the home.  O. Reg. 166/11, s. 62 (1). (2) The Registrar shall ensure that the information required to be contained in the registers under subsection 106 (1) of the Act, (a) is added to a register as soon as practicable after the Registrar becomes aware of the information; (b) is updated as soon as practicable after the Registrar becomes aware of any new information related to matters about which information is already contained in a register; and (c) remains in a register for a length of time that is reasonable in light of, (i) the nature and importance of the information, (ii) the interest of residents and the public in the information, and (iii) the potential that the information will cause undue prejudice to a licensee.  O. Reg. 166/11, s. 62 (2).
Registrar requests for information
 62.1 (1) The following matters are prescribed for the purposes of clause 108 (1) (d) of the Act: 1. Infection prevention and control measures in a retirement home, including the number of active infections and the number of residents and staff members who have received a vaccination or immunization against a particular infectious disease. O. Reg. 211/22, s. 15. (2) Information relating to the matters described in paragraph 1 of subsection (1) must be de-identified before being given to the Registrar. O. Reg. 211/22, s. 15. (3) In subsection (2), “de-identify” has the same meaning as in subsection 108 (2) of the Act. O. Reg. 211/22, s. 15.
Notice of certain events
 63. The following events are prescribed for the purposes of paragraph 4 of subsection 109 (2) of the Act: 1. A material change in any of the information required to be contained in a register under subsection 106 (1) of the Act in respect of the licence of a licensee. 2. A material change in any of the information that a licensee provided to the Registrar in support of the licensee’s application for a licence.  O. Reg. 166/11, s. 63. 3. A temporary closure of the retirement home. 4. A temporary closure of part of the retirement home if the closure materially affects a resident’s accommodation or the care services or other services provided to a resident. 5. An unplanned evacuation of residents from the retirement home for a period of greater than six hours. 6. A temporary relocation of the retirement home or part of the retirement home to one or more other premises.  O. Reg. 166/11, s. 63; O. Reg. 211/22, s. 16.
Disclosure of information
 63.1 The communication of information to the following persons or entities is prescribed for the purposes of subsection 113 (3) of the Act: 1. A ministry, department, agency or administrative authority of a government engaged in the administration of legislation similar to the Act or legislation that protects consumers, or any other entity to which the administration of legislation similar to the Act or legislation that protects consumers has been assigned. 2. The Chief Medical Officer of Health, a medical officer of health or the Minister, all as defined in the Health Protection and Promotion Act. 3. The Fire Marshal, the fire chief of a fire department or the clerk of a municipality, all within the meaning of the Fire Protection and Prevention Act, 1997. 4. An entity or organization engaged in the protection of consumers in Ontario if the purpose of the communication is consumer protection. 5. The governing body of a profession regulated under Ontario legislation if the purpose of the communication is consumer protection or public health and safety. 6. An entity or organization that provides or facilitates the provision of a care service, if the purpose of the communication is public health and safety. O. Reg. 211/22, s. 17.
Right to use French in dealings with the Authority
 64. (1) Everyone has the right to use French in any dealing with the Authority.  O. Reg. 166/11, s. 64 (1). (2) If a person requests that a communication, information or notice be made available in French, the Authority shall do so promptly.  O. Reg. 166/11, s. 64 (2). (3) The Authority shall make the following available in French as soon as it is reasonably practicable to do so: 1. All communications, information and notices that are in writing and that the Authority directs at the public. 2. Anything that the Authority is required to make available to the public under the Act, including, i. its by-laws, ii. all forms that it develops, iii. the code of ethics that it is required to establish under section 26 of the Act, iv. its annual reports required under section 31 of the Act, v. all information required to be contained in the registers under subsection 106 (1) of the Act, and vi. all statistical information about retirement homes that it publishes or makes available to the public.  O. Reg. 166/11, s. 64 (3). (4) Revoked: O. Reg. 53/12, s. 12 (2). Emergency Fund
Emergency Fund
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Administration of the Fund
 64.1 (1) The Authority shall hold the Fund in trust for the benefit of residents and former residents whom the Registrar approves to receive the benefit of a payment under section 64.3 or 64.4.  O. Reg. 53/12, s. 13. (2) The Fund consists of money paid into the Fund under subsection (3) or (4), all administrative penalties collected by the Authority and all income on money paid into the Fund.  O. Reg. 53/12, s. 13. (3) The Authority may make payments into the Fund.  O. Reg. 53/12, s. 13. (4) The Authority may borrow money to supplement the Fund and shall pay the borrowed money into the Fund.  O. Reg. 53/12, s. 13. (5) No payments shall be made out of the Fund to satisfy or settle any claim or judgment or other court order resulting from the fraud, negligence or wilful misconduct of the Authority, its officers, directors, employees or agents.  O. Reg. 53/12, s. 13. (6) Subject to subsection (6.1), the Authority shall hold the Fund in an interest-bearing account at a financial institution as defined in subsection 57 (1).  O. Reg. 53/12, s. 13; O. Reg. 211/22, s. 18 (1). (6.1) The Authority may, from time to time, invest in accordance with the Trustee Act any money that is surplus to the Fund’s immediate requirements. O. Reg. 211/22, s. 18 (2). (7) At the Minister’s request, the Authority shall make available to the Minister any information, books, records or documents that it keeps respecting the affairs of the Fund.  O. Reg. 53/12, s. 13. (8) The Authority shall have the Fund audited annually by a public accountant licensed under the Public Accounting Act, 2004 and shall include the results of the audit in the Authority’s annual report required under section 31 of the Act.  O. Reg. 53/12, s. 13. (9) At the Minister’s request, the Authority shall immediately have the Fund audited in the manner that the Minister requires and shall make the results of the audit immediately available to the Minister.  O. Reg. 53/12, s. 13. (10) The Authority shall assist the auditors in performing any audit requested by the Minister under subsection (9) and shall provide any books, records or information that may be required to complete the audit.  O. Reg. 53/12, s. 13.
Claims
 64.2 (1) An individual may make a claim to the Registrar for payment of compensation from the Fund if, (a) the individual is a resident of a retirement home or was a resident of a retirement home immediately before the event giving rise to the claim arose; (b) the claim is for the additional costs that the individual incurred to obtain reasonable alternate accommodation and care for a period of no more than 120 days if, as a direct result of emergency circumstances arising from loss or damage to the home, the operator was unable to safely provide the normal accommodation or care in the home to the individual; (c) the individual has taken all reasonable steps to mitigate the costs mentioned in clause (b); (d) the individual makes the claim in the form and manner required by the Registrar no more than 90 days following the end of the period for which the individual claims the compensation; and (e) the event giving rise to the claim arose after January 1, 2014.  O. Reg. 53/12, s. 13; O. Reg. 211/22, s. 19. (2) The Authority may request that the individual provide the Authority with the documents and other information that the Authority requires to assist the Registrar in deciding whether to approve a claim for compensation.  O. Reg. 53/12, s. 13.
Operator’s mitigation of costs
 64.2.1 The operator of a retirement home must take all reasonable steps to mitigate the costs mentioned in clause 64.2 (1) (b). O. Reg. 211/22, s. 20.
Approval of claims
 64.3 (1) If the Registrar receives a claim from an individual for the payment of compensation and is of the opinion that the following criteria are satisfied, the Registrar may approve the claim and direct the Authority to pay a specified amount to the claimant: 1. The claim satisfies the conditions described in subsection 64.2 (1). 2. Payment to the claimant would assist the claimant to find, move to or pay for alternate accommodation or to access alternate care providers. 3. Payment from the Fund to the claimant would be consistent with the fundamental principle described in section 1 of the Act. 4. The Fund has the capacity to make the payment.  O. Reg. 53/12, s. 13. (2) The total amount paid to a claimant shall not exceed $10,000.  O. Reg. 53/12, s. 13. (3) Subject to subsection (4), the Authority shall comply with a direction by the Registrar made under subsection (1).  O. Reg. 53/12, s. 13. (4) The Registrar may make approval of a claim conditional on the claimant first, (a) satisfying the Registrar that the claimant has exhausted any or all legal remedies available to him or her to recover the costs claimed; or (b) entering into a written agreement with the Authority subrogating the Fund to any and all rights and remedies to which the claimant is entitled in respect of the claim.  O. Reg. 53/12, s. 13. (5) The Authority shall promptly inform a claimant of any decision or direction by the Registrar made under this section with respect to the claim.  O. Reg. 53/12, s. 13.