jswizzle3737/ontario_laws_and_regs huggingface dataset:
Retraining
 260. (1) The intervals for the purposes of subsection 82 (4) of the Act are annual intervals. (2) Despite subsection (1), retraining in an area described in paragraph 2 or 10 of subsection 82 (2) of the Act is not required for a person if, since the last training or retraining, there has been no change in the area that is relevant to the person’s responsibilities. (3) For the purposes of subsection 82 (6) of the Act, (a)  the assessments required by paragraph 1 of that subsection shall be conducted at least annually; and (b)  the further training needs identified by the assessments shall be addressed in the manner the licensee considers appropriate. (4) On the day this section comes into force, staff members who have received their training or retraining at the times or intervals set out in the former Act and its regulations are deemed to have received such training or retraining under subsections 82 (2) and (4) of the Act. (5) Any staff members who have been deemed to have received training or retraining under subsection (4) shall be required to receive their next retraining under subsection 82 (4) of the Act at the times or intervals that training would have been required under the former Act and its regulations.
Additional training — direct care staff
 261. (1) For the purposes of paragraph 6 of subsection 82 (7) of the Act, the following are other areas in which training shall be provided to all staff who provide direct care to residents: 1.  Falls prevention and management. 2.  Skin and wound care. 3.  Continence care and bowel management. 4.  Pain management, including pain recognition of specific and non-specific signs of pain. 5.  For staff who apply physical devices or who monitor residents restrained by physical devices, training in the application, use and potential dangers of these physical devices. 6.  For staff who apply PASDs or monitor residents with PASDs, training in the application, use and potential dangers of the PASDs. (2) The licensee shall ensure that all staff who provide direct care to residents receive the training provided for in subsection 82 (7) of the Act based on the following: 1.  Subject to paragraph 2, the staff must receive annual training in all the areas required under subsection 82 (7) of the Act. 2.  If the licensee assesses the individual training needs of a staff member, the staff member is only required to receive training based on their assessed needs. (3) The licensee shall ensure that the training required under paragraph 2 of subsection 82 (7) of the Act includes training in techniques and approaches related to responsive behaviours. (4) The licensee shall ensure that the training required under paragraph 4 of subsection 82 (7) of the Act includes training in the application, use and potential dangers of physical devices used to restrain residents and personal assistance services devices. (5) The licensee shall ensure that the training required under paragraph 5 of subsection 82 (7) of the Act includes training in all the areas required under section 61 of this Regulation. (6) On the day this section comes into force, direct care staff who have received their training at the times or intervals set out in the former Act and its regulations are deemed to have received training under subsection 82 (7) of the Act. (7) Any direct care staff who have been deemed to have received training under subsection (6) shall be required to receive their next training under subsection 82 (7) of the Act at the times or intervals that training would have been required under the former Act and its regulations.
Exemptions, training
 262. (1) Subject to subsection (2), a licensee of a long-term care home is exempt from the requirements under section 82 of the Act with respect to persons who, (a)  fall under clause (b) or (c) of the definition of “staff” in subsection 2 (1) of the Act; (b)  will only provide occasional maintenance or repair services to the home; and (c)  will not provide direct care to residents. (2) The licensee shall ensure that the persons described in clauses (1) (a) to (c) are provided with information about the items listed in paragraphs 1, 3, 4, 5, 7, 8 and 9 of subsection 82 (2) of the Act before providing their services. (3) Revoked: O. Reg. 66/23, s. 38.
Orientation for volunteers
 263. (1) Every licensee of a long-term care home shall ensure that every volunteer receives the orientation provided for in section 83 of the Act. (2) For the purposes of clause 83 (f) of the Act, the following are the other areas on which information shall be provided: 1.  Resident safety, including information on reporting incidents, accidents and missing residents, and information on wheelchair safety. 2.  Emergency and evacuation procedures. 3.  Infection prevention and control, including what is set out in subsection 259 (2). 4.  Escorting residents. 5.  Mealtime assistance, if the volunteer is to provide such assistance. 6.  Communication techniques to meet the needs of the residents. 7.  Techniques and approaches to respond to the needs of residents with responsive behaviours. Information
Information
nan
Information for residents, etc.
 264. (1) For the purposes of clause 84 (2) (n) of the Act, “non-arm’s length relationship” means the relationship between two parties engaged in a non-arm’s length transaction within the meaning of subsection 314 (1). (2) For the purposes of clause 84 (2) (r) of the Act, every licensee of a long-term care home shall ensure that the package of information provided for in section 84 of the Act includes information about the following: 1.  The resident’s ability under subsection 88 (2) of this Regulation to retain a physician or registered nurse in the extended class to perform the services required under subsection 88 (1). 2.  The resident’s obligation to pay the basic accommodation charge as described in subsection 94 (3) of the Act. 3.  The obligation of the resident to pay accommodation charges during a medical, psychiatric, vacation or casual absence as set out in section 308 of this Regulation. 4.  The method to apply to the Director for a reduction in the charge for basic accommodation and the supporting documentation that may be required, including, i.  the resident’s Notice of Assessment issued under the Income Tax Act (Canada) for the resident’s most recent taxation year, ii.  the resident’s proof of income statement (option “C” print) from the Canada Revenue Agency for the resident’s most recent taxation year, or iii.  the resident’s written authorization to electronically obtain income information for the resident’s most recent taxation year from the Canada Revenue Agency. 5.  A list of the charges that a licensee is prohibited from charging a resident under subsection 94 (1) of the Act. 6.  The list of goods and services permitted under paragraph 3 of subsection 94 (1) of the Act that a resident may purchase from the licensee and the charges for those goods and services. 7.  The resident’s ability to have money deposited in a trust account under section 286 of this Regulation. 8.  The Ministry’s toll-free telephone number for making complaints about homes and its hours of service. 9.  The current version of the visitor policy made under section 267 of this Regulation. (3) A licensee is exempt from subsection 84 (1) of the Act with respect to a resident, (a)  who is being relocated to another long-term care home operated by the same licensee and section 240 of this Regulation applies; or (b)  who is transferring to a related temporary long-term care home, a re-opened long-term care home or a replacement long-term care home operated by the same licensee.
Posting of information
 265. (1) For the purposes of clause 85 (3) (s) of the Act, every licensee of a long-term care home shall ensure that the information required to be posted in the home and communicated to residents under section 85 of the Act includes the following: 1.  The fundamental principle set out in section 1 of the Act. 2.  The home’s licence or approval, including any conditions or amendments, other than conditions that are imposed under the regulations or the conditions under subsection 104 (3) of the Act. 3.  The most recent audited reconciliation report provided for in clause 288 (1) (a) of this Regulation. 4.  The Ministry’s toll-free telephone number for making complaints about homes and its hours of service. 5.  Together with the explanation required under clause 85 (3) (d) of the Act, the name and contact information of the Director to whom a mandatory report shall be made under section 28 of the Act. 6.  Any notice of public consultation that the Director provides to the licensee and identifies to be for posting in the home. 7.  The physical address of the long-term care home. 8.  The approximate number of licensed beds at the home. 9.  Direct contact information, including a telephone number and email address that are monitored regularly for, i.  the Administrator, and ii.  the Director of Nursing and Personal Care. 10.  The current version of the visitor policy made under section 267. 11.  Any notice of administrative penalty issued against the licensee under section 158 of the Act. (2) The licensee shall ensure that the information referred to in clauses 85 (3) (a), (e), (f), (i) (j) and (k) of the Act, as well as the fundamental principle set out in section 1 of the Act and the telephone number referred to in paragraph 4 of subsection (1), is posted in print with a font size of at least 16. (3) The licensee shall ensure that the information referred to in paragraphs 7, 8 and 9 of subsection (1) are posted on each floor of the home. (4) The licensee shall ensure that the fundamental principle set out in section 1 of the Act and the Residents’ Bill of Rights are posted in both English and French. (5) Where a home is located in an area that does not have access to a 911 call centre, the licensee shall ensure that the contact information and telephone numbers for local emergency services, including police, fire and ambulance services, are posted in a conspicuous and easily accessible location on each floor of the home. Regulated Documents
Regulated Documents
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Visitor Policy
nan
Visitor policy
 267. (1) Every licensee of a long-term care home shall establish and implement a written visitor policy which at a minimum, (a)  includes the process for visitor access during non-outbreak situations and during an outbreak of a communicable disease or an outbreak of a disease of public health significance, an epidemic or a pandemic; (b)  includes the process for documenting and keeping a written record of, (i)  the designation of a caregiver; and (ii)  the approval from a parent or legal guardian to permit persons under 16 years of age to be designated as a caregiver, if applicable; (c)  complies with all applicable laws including any applicable directives, orders, guidance, advice or recommendations issued by the Chief Medical Officer of Health or a medical officer of health appointed under the Health Protection and Promotion Act; and (d)  ensures that essential visitors continue to have access to the long-term care home during an outbreak of a communicable disease, an outbreak of a disease of public health significance, an epidemic or a pandemic, subject to any applicable laws. (2) Every licensee of a long-term care home shall maintain visitor logs for a minimum of 30 days which include, at a minimum, (a)  the name and contact information of the visitor; (b)  the time and date of the visit; and (c)  the name of the resident visited. (3) Every licensee of a long-term care home shall ensure that the current version of the visitor policy is provided to the Residents’ Council and Family Council, if any. (4) In this section, “essential visitor” means, (a)  a caregiver, (b)  a support worker who visits a home to provide support to the critical operations of the home or to provide essential services to residents, (c)  a person visiting a very ill resident for compassionate reasons including, but not limited to, hospice services or end-of-life care, or (d)  a government inspector with a statutory right to enter a long-term care home to carry out their duties. Emergency Plans
Emergency Plans
nan
Emergency plans, additional requirements
 269. (1) In addition to the requirements in section 268, every licensee of a long-term care home shall ensure that an emergency plan related to outbreaks of a communicable disease, outbreaks of a disease of public health significance, epidemics or pandemics also, (a)  identifies an area of the home to be used for isolating residents as required; (b)  includes a process to divide both staff and residents into cohorts as required; (c)  includes staffing contingency plans during an emergency for all programs required under the Act and this Regulation; (d)  includes policies to manage staff who may have been exposed to an infectious disease; (e)  includes a process to manage symptomatic residents and staff; and (f)  includes a process for an Outbreak Management Team and identifies members of that Team and their roles and responsibilities. (2) The licensee shall ensure that the local medical officer of health appointed under the Health Protection and Promotion Act or their designate is invited to participate in developing, updating, testing, evaluating and reviewing any emergency plan related to a matter of public health significance. (3) The licensee shall ensure that the infection prevention and control lead designated under subsection 102 (5) is involved in developing, updating, evaluating, testing and reviewing the emergency plans related to outbreaks of a communicable disease, outbreaks of a disease of public health significance, epidemics and pandemics. (4) Revoked: O. Reg. 66/23, s. 40.
Attestation
 270. (1) Every licensee of a long-term care home shall prepare an attestation as required by section 90 of the Act in a form approved by the Minister which includes, (a)  the licensee’s legal name; (b)  the name of the home; (c)  the date of the attestation; (d)  the full name of the person attesting; (e)  a statement attesting that the requirements in section 90 of the Act and sections 268 and 269 of this Regulation have been complied with; (f)  a statement attesting that all of the information and answers provided in the attestation are complete, true, and correct; and (g)  a statement attesting that the licensee understands that any misrepresentation, falsification, or omission of any material facts in the attestation may render the attestation void. (2) The attestation must be completed by the Administrator of the home. (3) The licensee shall ensure that the attestation is submitted annually to the Director. (4) Revoked: O. Reg. 66/23, s. 41.
Website
 271. (1) Every licensee of a long-term care home shall ensure that they have a website that is open to the public and includes at a minimum, (a)  the physical address of the long-term care home; (b)  the approximate number of licensed beds at the home; (c)  direct contact information, including a telephone number and email address that are monitored regularly for, (i)  the licensee or a senior officer of the licensee or, in the case of a municipal home or a First Nations home approved under Part IX of the Act, a person who is on the committee of management, (ii)  the Administrator, (iii)  the Director of Nursing and Personal Care, and (iv)  all infection prevention and control leads for the home; (d)  the Ministry’s toll-free telephone number for making complaints about homes; (e)  the current report required under subsection 168 (1); (f)  the current version of the emergency plans for the home as provided for in section 268; (g)  the current version of the visitor policy made under section 267; and (h)  on the homepage of the website, clear, comprehensible and prominent disclosure that the long-term care home does not have air conditioning available in resident bedrooms, where applicable. (2) A licensee is not required to have a website that is open to the public where the home is in a location in the province that does not have consistent and reliable internet service. (3) Revoked: O. Reg. 66/23, s. 42.
CMOH and MOH
 272. Every licensee of a long-term care home shall ensure that all applicable directives, orders, guidance, advice or recommendations issued by the Chief Medical Officer of Health or a medical officer of health appointed under the Health Protection and Promotion Act are followed in the home.
Communications equipment
 273. Every licensee of a long-term care home shall ensure that the home has access to reliable communications equipment, including for the purpose of obtaining emergency assistance, at all times, including in the event of a power outage. Records
Resident records
 274. Every licensee of a long-term care home shall ensure that, (a)  a written record is created and maintained for each resident of the home; and (b)  the resident’s written record is kept up to date at all times.
Records of current residents
 275. Every licensee of a long-term care home shall ensure that the records of the residents of the home are kept at the home.
Retention of resident records
 276. (1) Every licensee of a long-term care home shall ensure that the record of every former resident of the home is retained by the licensee for at least 10 years after the resident is discharged from the home. (2) A record kept under subsection (1) must be kept at the home for at least the first year after the resident is discharged from the home.
Records relating to residents, revocation of licence
 277. When the Director makes an order revoking a licence under section 159 of the Act, the licensee shall turn over to the Director or a person designated by the Director, on a date specified by the Director, all the records that are in the possession or control of the licensee and that pertain to the residents of the long-term care home, including all records that are required to be retained under section 276.
Staff records
 278. (1) Subject to subsections (2) and (3), every licensee of a long-term care home shall ensure that a record is kept for each staff member of the home that includes at least the following with respect to the staff member: 1.  The staff member’s qualifications, previous employment and other relevant experience. 2.  Where applicable, a verification of the staff member’s current certificate of registration with the College of the regulated health profession of which they are a member, or verification of the staff member’s current registration with the regulatory body governing their profession. 2.1  In the case of an exempted out of province health professional, verification that the professional meets all of the criteria for being exempted from subsections 9 (1) and (3) of the Medicine Act, 1991, subsections 11 (1) and (5) of the Nursing Act, 1991 or subsections 9 (1) and (2) of the Respiratory Therapy Act, 1991, as applicable. 3.  Where applicable, the results of the staff member’s police record check under subsection 81 (2) of the Act. 4.  If subsection 81 (4) of the Act applied with respect to a staff member, a record showing that the staff member has not been convicted of an offence prescribed under subsection 255 (1) of this Regulation or found guilty of an act of professional misconduct prescribed under subsection 255 (2). 5.  Where applicable, the staff member’s declarations under subsection 252 (4) and section 253. O. Reg. 246/22, s. 278 (1); O. Reg. 202/23, s. 9. (2) The licensee is not required to keep the record provided for in subsection (1) with respect to a staff member who falls under clause (b) or (c) of the definition of “staff” in subsection 2 (1) of the Act and, (a)  will only provide occasional maintenance or repair services to the home; and (b)  will not provide direct care to residents. O. Reg. 246/22, s. 278 (2). (3) Where the licensee obtains the information set out in paragraphs 3, 4 and 5 of subsection (1) from the staff member, the licensee shall keep a record of that information with respect to the staff member. O. Reg. 246/22, s. 278 (3). (4) The licensee is only required to ensure that the record under subsection (1) includes the matters set out in paragraphs 2, 3, 4 and 5 of that subsection with respect to a staff member who falls under clause (c) of the definition of “staff” in subsection 2 (1) of the Act and, (a)  who will provide direct care to residents; or (b)  who does not fall under clauses (2) (a) and (b) of this section. O. Reg. 246/22, s. 278 (4).
Volunteer records
 279. (1) Every licensee of a long-term care home shall ensure that a record is kept for each volunteer that includes at least the following with respect to the volunteer: 1.  Where applicable, the results of the volunteer’s police record check under subsection 81 (2) of the Act. 2.  If subsection 81 (4) of the Act applied with respect to a volunteer, a record showing that the volunteer has not been convicted of an offence prescribed under subsection 255 (1) or found guilty of an act of professional misconduct prescribed under subsection 255 (2). 3.  Where applicable, the volunteer’s declarations under subsection 252 (4) and section 253. (2) Where the licensee obtains the information set out in paragraphs 1, 2 and 3 of subsection (1) from the volunteer, the licensee shall keep a record of that information with respect to the volunteer.
Records for directors, management
 280. (1) Every licensee of a long-term care home shall ensure that a record is kept for each member of the licensee’s board of directors, its board of management or committee of management or other governing structure that includes at least the following with respect to the member: 1.  Where applicable, the results of the member’s police record check under subsection 256 (2). 2.  If subsection 81 (4) of the Act applied with respect to the member, a record showing that the member has not been convicted of an offence prescribed under subsection 255 (1) or found guilty of an act of professional misconduct prescribed under subsection 255 (2). 3.  Where applicable, the member’s declarations under subsection 252 (4) and section 253. (2) Where the licensee obtains the information set out in paragraphs 1, 2 and 3 of subsection (1) from the member, the licensee shall keep a record of that information with respect to the member.
Records, where kept
 281. (1) Every licensee of a long-term care home shall ensure that the following records are kept at the home: 1.  The records of current staff members. 2.  The records of current volunteers. 3.  The records of the current members of the licensee’s board of directors, its board of management or committee of management or other governing structure. (2) If a staff member works at more than one long-term care home operated by the licensee, the licensee shall ensure that the record of the staff member is readily available at each home where the staff member works. (3) If a volunteer volunteers at more than one long-term care home operated by the licensee, the licensee shall ensure that the record of the volunteer is readily available at each home where the volunteer volunteers. (4) If a member of the licensee’s board of directors, its board of management or committee of management or other governing structure has responsibilities that extend to more than one long-term care home operated by the licensee, the licensee shall ensure that the record of the member is readily available at each home to which the member’s responsibilities apply.
Retention of records
 282. Every licensee of a long-term care home shall retain the records required under section 281 in accordance with the following: 1.  If a staff member ceases to work at the home, the record shall be retained for at least seven years after the staff member ceased to work at the home and, for at least the first year, the record shall be retained at the home. 2.  If a volunteer ceases to volunteer at the home, the record shall be retained for at least seven years after the volunteer ceased to volunteer at the home and, for at least the first year, the record shall be retained at the home. 3.  If a member of the licensee’s board of directors, its board of management or committee of management or other governing structure ceases to have responsibilities that extend to the home, the record shall be retained for at least seven years after the member ceased to have responsibilities that extend to the home and, for at least the first year, the record shall be retained at the home.
Transitional, records
 283. (1) Subject to subsection (2), sections 274 to 282 apply, to the extent possible, with respect to records that were required to be kept or retained under the former Act. (2) Where a portion of a record was not required to be kept at a long-term care home immediately before this section came into force, it is not necessary to keep that portion at the home. Reports
Reports
nan
Annual reports
 284. (1) Every licensee of a long-term care home shall, in every calendar year, submit a report to the Director on or before a date stipulated by the Director, in a form stipulated by the Director. (2) The report shall include the following: 1.  A confirmation that the information provided by the Director from information the Ministry has on file with respect to the licensee is correct or, if it is not correct, the corrected information. 2.  Anything that the licensee was required to have previously notified the Director of under section 111 of the Act, but did not. 3.  Anything that the licensee was required to have previously notified the Director of under subsection 324 (2) of this Regulation, but did not. 4.  Any other information stipulated by the Director that the licensee was required to have previously provided to the Director or the Minister under the Act or the regulations, but did not. (3) The period covered by the first annual report under this section by a licensee who was required to submit annual reports under section 239 of Ontario Regulation 79/10 (General) made under the former Act shall include the period since the end of the year covered by the last annual report under that section and that section applies with respect to that period.
Reports re key personnel
 285. Every licensee of a long-term care home shall report to the Director the name and contact information of, (a)  the Medical Director; (b)  any registered nurses in the extended class working in the home; (c)  the Administrator; (d)  the Director of Nursing and Personal Care; (e)  the nutrition manager; (f)  every registered dietitian who is a member of the staff of the home; and (g)  the designated lead for each of the housekeeping, laundry and maintenance programs. Trust Accounts
Trust Accounts
nan
Transitional, trust accounts
 287. (1) Clause 286 (7) (g) applies to records that a licensee was retaining under clause 241 (7) (g) of Ontario Regulation 79/10 (General) made under the former Act before the day this section came into force. (2) The first audit required under subsection 286 (10) for a trust account shall cover the entire period for which an audit had not yet been conducted as required under Ontario Regulation 79/10 (General) made under the former Act before the day this section came into force. PART VII   FUNDING Reconciliation and Recovery
PART VII FUNDING
nan
Reconciliation and Recovery
nan
Reconciliation and recovery
 288. (1) Every licensee of a long-term care home shall submit a reconciliation report to the Minister, (a)  in each calendar year for the previous calendar year; and (b)  for any other period within a calendar year required by the Minister. (2) A reconciliation report under subsection (1) shall be submitted in the form and manner, with the content, and by the date specified by the Minister. (3) Before submitting the reconciliation report required under clause (1) (a), the licensee shall ensure that the report is audited annually by a person licensed under the
Public Accounting Act, 2004 or, in the case of a municipal home or a joint home approved under Part IX of the Act, by the municipal auditor who audits the books of account and ledgers of the home. (4) The Minister may dispense with the requirement to submit a reconciliation report under clause (1) (a). (5) If the funding paid to the licensee by the Minister under subsection 93 (1) of the Act in respect of the home exceeds the allowable subsidy for the reconciliation period, the excess funding paid is a debt owing by the licensee to the Crown in right of Ontario and, in addition to any other methods available to recover the debt, the Minister may deduct the excess funding paid from subsequent payments to the licensee or may direct the Agency, if it provides funding to the licensee under the Connecting Care Act, 2019, to deduct it from the payments of funding. (6) If the funding paid to a licensee by the Minister under subsection 93 (1) of the Act in respect of the home is less than the allowable subsidy for the reconciliation period, the Minister shall pay the difference to the licensee or direct the Agency, if it provides funding to the licensee under the Connecting Care Act, 2019, to pay it to the licensee. (7) In this section, “allowable subsidy” means the allowable subsidy as determined by the Minister in accordance with the reconciliation reports, any agreement between the Ministry and the licensee pertaining to the payment of funds, any conditions attached to the funding and all applicable Ministry policies for the management, payment and use of funds. Non-Allowable Resident Charges
Non-Allowable Resident Charges
nan
Non-allowable resident charges
 289. The following charges are prohibited for the purposes of paragraph 4 of subsection 94 (1) of the Act: 1.  Charges for goods and services that a licensee is required to provide to a resident using funding that the licensee receives from, i.  the Agency under section 21 of the Connecting Care Act, 2019 including goods and services funded by the Agency under a service accountability agreement, and ii.  the Minister under section 93 of the Act. 2.  Charges for goods and services paid for by the Government of Canada, the Government of Ontario, including the Agency, or a municipal government in Ontario. 3.  Charges for goods and services that the licensee is required to provide to residents under any agreement between the licensee and the Ministry or between the licensee and the Agency. 4.  Charges for goods and services provided without the resident’s consent. 5.  Charges, other than the accommodation charge that every resident is required to pay under subsections 94 (1) and (3) of the Act, to hold a bed for a resident during an absence contemplated under section 150 of this Regulation or during the period permitted for a resident to move into a long-term care home once the placement co-ordinator has authorized admission to the home. 6.  Charges for accommodation under paragraph 1 or 2 of subsection 94 (1) of the Act for residents in the short-stay convalescent care program. 7.  Transaction fees for deposits to and withdrawals from a trust account required by section 286, or for anything else related to a trust account. 8.  Charges for anything the licensee shall ensure is provided to a resident under this Regulation, unless a charge is expressly permitted. Charges for Accommodation
Charges for Accommodation
nan
Determination of payments
 290. The maximum amounts that may be charged by a licensee under paragraphs 1 and 2 of subsection 94 (1) of the Act shall be determined in accordance with sections 291 to 304.
Maximum amounts of payments
 291. (1) The maximum daily amount that may be charged by a licensee for providing a short-stay resident with accommodation is $40.24, subject to the annual adjustment described in section 297. (2) The maximum daily amount that may be charged by a licensee for providing a long-stay resident with basic accommodation for less than a full month is $62.18, subject to the annual adjustment described in section 297. (3) The maximum monthly amount that may be charged by a licensee for providing a long-stay resident with basic accommodation for a full month shall be determined by multiplying the applicable daily amount, as determined under subsection (2), by 30.4167 and rounding it down to the nearest cent. (4) The maximum daily amount that may be charged by a licensee for providing a long-stay resident with semi-private accommodation for less than a full month is $74.96, subject to the annual adjustment described in section 297. (5) The maximum monthly amount that may be charged by a licensee for providing a long-stay resident with semi-private accommodation for a full month shall be determined by multiplying the applicable daily amount, as determined under subsection (4), by 30.4167 and rounding it down to the nearest cent. (6) The maximum daily amount that may be charged by a licensee for providing a long-stay resident with private accommodation for less than a full month is $88.82, subject to the annual adjustment described in section 297. (7) The maximum monthly amount that may be charged by a licensee for providing a long-stay resident with private accommodation for a full month shall be determined by multiplying the applicable daily amount, as determined under subsection (6), by 30.4167 and rounding it down to the nearest cent.
Exceptions — pandemic
 296. (1) This section applies in respect of residents who were admitted to a long-term care home under section 208.2 of Ontario Regulation 79/10 (General) made under the former Act on or after April 23, 2021 and before this section comes into force. (2) The licensee of a long-term care home to which a resident described in subsection (1) is admitted shall not charge the resident any amount for accommodation if, (a)  at the time of admission, the long-term care home was not the resident’s first choice of home; (b)  in the case of a resident who, at the time of admission, was on at least one waiting list for admission to another home, the resident continues to be on a waiting list for admission to another home; (c)  in the case of a resident who, at the time of admission, was not on any waiting list for admission to a home, the resident was placed on a waiting list within 30 days after admission; and (d)  the resident has not refused an offer of admission to their first choice of home since being admitted to the long-term care home.
Annual adjustment — Consumer Price Index
 297. (1) This section applies to the following provisions: 1.  Subsections 291 (1), (2), (4) and (6). 2.  Subsections 292 (2) and (4). 3.  Subsections 293 (2) and (4). 4.  Subsections 294 (2) and (4). 5.  Subsections 295 (2) and (4). 6.  Paragraphs 1 and 2 of subsection 303 (9). (2) On July 1 each year, the amounts set out in the provisions referred to in subsection (1) shall be adjusted in accordance with the following rules: 1.  Subject to paragraphs 2 and 3, the amounts that applied immediately before the applicable July 1 date shall be adjusted by the percentage change between, i.  the Consumer Price Index for the previous calendar year, and ii.  the Consumer Price Index for the calendar year immediately preceding the previous calendar year. 2.  If the percentage change described in paragraph 1 is greater than 2.5 per cent, the amounts shall instead be adjusted by 2.5 per cent. 3.  If the percentage change described in paragraph 1 is negative, the amounts shall instead not be adjusted. 4.  After applying the adjustment described in paragraph 1, 2 or 3, the adjusted amounts shall be rounded down to the nearest cent. (3) The adjustment under subsection (2) that would otherwise take effect on July 1, 2022 shall instead take effect on October 1, 2022, but shall be calculated with reference to the calendar years that would otherwise apply. (4) For the purposes of subsection (2), the Consumer Price Index for a calendar year is the Consumer Price Index for Canada (All-items) for the calendar year, as reported by Statistics Canada under the authority of the Statistics Act (Canada). (5) The Minister may publish the adjusted amounts on a government website.
Term
 298. (1) In section 303, “term”, subject to subsections (2), (3) and (4), means the period that starts on the latest of, (a)  the 90th day before the day on which the completed application for reduction is submitted to the Director by the licensee, (b)  the day that the appropriate placement co-ordinator authorized the resident’s admission to the long-term care home, and (c)  in the case of an application for a renewal of a reduction, the day after the last term ended, and ends on the earliest of, (d)  the first June 30 following the day on which the term starts, (e)  the 90th day immediately preceding the day in which the resident’s next completed application for reduction is submitted to the Director by the licensee, and (f)  the termination date, if any, specified by the Director in processing the application. (2) The Director may change the start of the term if the Director believes there is sufficient evidence that a delay in submitting a completed application for a reduction was beyond the control of the applicant. (3) The Director shall not change the start of the term to a time that is more than one year before the date the completed application was submitted. (4) A term does not end if the resident transfers to basic accommodation in another long-term care home during the term.
Private policy of insurance
 300. In section 299, “private policy of insurance” means the following benefits, other than benefits from a government: 1.  Income replacement benefits. 2.  Death benefits. 3.  Survivor benefits. 4.  Money received in insurance settlements or awarded by the court, including payments received through structured settlements payable through monthly annuity payments and any benefits payable under the Statutory Accident Benefit Schedule under the Insurance Act. 5.  Benefits of any nature or kind, including any benefits that provide for partial or full reimbursement of accommodation charges.
Dependant
 301. (1) In section 303, subject to subsections (2), (3), (4) and (5), “dependant” means, (a)  a spouse who was living with the resident immediately before the resident was admitted to the long-term care home or, if the resident has been continuously in more than one long-term care home or other institution, including a hospital, immediately before the resident was first admitted to the long-term term care home or other institution, or (b)  a child of the resident who, (i)  is under 18 years of age, or (ii)  is under 25 years of age and who is in full-time attendance at a recognized secondary or post-secondary educational institution, and is financially dependent on the resident. (2) A spouse or child who is living in a long-term care home, hospital or any other facility that is government funded is not a dependant. (3) A spouse who is eligible to receive a pension under Part I of the Old Age Security Act (Canada) is not a dependant. (4) A spouse or child who is a part of a benefit unit, other than the benefit unit of the resident, that is receiving income support under the Ontario Disability Support Program Act, 1997 or basic financial assistance under the Ontario Works Act, 1997 is not a dependant. (5) A spouse or child who is not part of the benefit unit of a resident who is receiving income support under the Ontario Disability Support Program Act, 1997 or basic financial assistance under the Ontario Works Act, 1997 is not a dependant.
Dependant annual net income
 302. In section 303, a dependant’s annual net income shall be determined in the same manner as a resident’s annual net income, with necessary modification, except that, (a)  a dependant who is a child under 18 years of age whose income is less than the basic personal exemption amount under the Income Tax Act (Canada) is deemed to have a net annual income of nil; and (b)  the income of a dependant who is a child under 18 years of age whose income is equal to or greater than the basic personal exemption amount under the Income Tax Act (Canada) shall be determined without including the basic personal exemption amount.
Restriction, interest charges
 304. Where a resident has applied for a reduction under section 303, a licensee of a long-term care home may not charge the resident interest for missed, incomplete or late payments until the Director has made a determination of the maximum amount payable by the resident under that section.
Resident in interim bed
 305. A resident in an interim bed is deemed to be a long-stay resident for the purposes of sections 291 to 304.
Payment for first and last day
 306. (1) A long-stay resident shall pay the amount charged for accommodation under either paragraph 1 or 2 of subsection 94 (1) of the Act for a full day, (a)  for the day the placement co-ordinator authorizes the resident’s admission to the home; and (b)  for the day the resident is discharged from the home. (2) Despite subsection (1), a long-stay resident shall not pay the amount charged for accommodation under either paragraph 1 or 2 of subsection 94 (1) of the Act for a full day for the day the resident is discharged from the home if the resident is admitted to another long-term care home on the same day. (3) A short-stay resident shall pay the amount charged for accommodation under either paragraph 1 or 2 of subsection 94 (1) of the Act for a full day for the day the placement co-ordinator authorizes the resident’s admission to the home, but shall not pay the amount charged for accommodation under either paragraph 1 or 2 of subsection 94 (1) of the Act for the day the resident is discharged from the home.
Payment for day following discharge
 307. If, at the request of a person who has been discharged from a long-term care home as a long-stay resident, at the request of a member of the person’s family or at the request of a person notified by the licensee of the discharge, the licensee allows the discharged person, the family member or the notified person to have access, on the day following the day of discharge, to the room in which the discharged person was living before being discharged, the licensee may charge the discharged person the amount that the licensee would have charged the person for accommodation for the day following the day of discharge had the person been a long-stay resident living in the room on that day.
Responsibility for payment during absence
 308. During an absence contemplated by section 150, a resident continues to be responsible for the payment of the maximum amounts that may be charged by the licensee to the resident for the same class of accommodation that was provided to the resident immediately before the absence.
Notice of accommodation charge increase
 309. (1) Before increasing the amount payable by a resident for accommodation, the licensee of a long-term care home shall give the resident at least 30 days written notice of the licensee’s proposal to increase the amount payable and the amount of the proposed increase. (2) An increase by a licensee of the amount payable by a resident for accommodation is void if the licensee has not given the notice required by this section. (3) Subsections (1) and (2) do not apply to an increase in the basic accommodation amount payable by a resident who has been charged a reduced amount under section 303 if the increase, (a)  follows a reapplication by the resident for a reduction; or (b)  results from the resident’s failure to reapply for a reduction at the end of the term for which the original reduction was in effect. Preferred Accommodation
Preferred Accommodation
nan
Preferred accommodation maximum
 310. Every licensee of a long-term care home shall ensure that no more than 60 per cent of the licensed bed capacity of the home is designated as preferred accommodation. Statements
Statements
nan
Statements
 311. (1) Every licensee of a long-term care home shall, within 30 days after the end of each month, provide each resident or the resident’s attorney under the Powers of Attorney Act, or person exercising a continuing power of attorney for property or a guardian of property under Part I of the Substitute Decisions Act, 1992, with an itemized statement of the charges made to the resident within the month. (2) For greater certainty, subsection (1) applies with respect to the month in which a resident is discharged. Accounts and Records
Accounts and Records
nan
Licensee to retain records
 312. For the purposes of section 95 of the Act, every licensee of a long-term care home shall keep, for each long-term care home operated by the licensee, (a)  complete current books of account relating to the long-term care home that, (i)  contain sufficient detail to support the information required in any reconciliation reports requested by the Minister or the Agency, (ii)  set out all of the revenue and expenditures of the home, (iii)  contain a separate record of money received by the licensee for the home from sources other than under the Act, the
Local Health System Integration Act, 2006 or the Connecting Care Act, 2019, and (iv)  are audited annually by a person licensed under the Public Accounting Act, 2004 or, in the case of a municipal home or a joint home approved under Part IX of the Act, by the municipal auditor who audits the books of account and ledgers of the home; (b)  reconciliation reports as required by, (i)  the Minister under section 288, or (ii)  the Agency in regulations under the Connecting Care Act, 2019; (c)  any financial report requested by the Director under section 91 of the Act and the records used to produce that report; (d)  any agreement between the Minister and the licensee for funding provided under section 93 of the Act and any service accountability agreement required by section 22 of the Connecting Care Act, 2019, the records and reports required under those agreements and the records used to produce those records and reports; (e)  any written agreement for charges between the licensee and a resident or a person authorized to enter into an agreement on the resident’s behalf; (f)  all applications that the licensee is required to retain under clause 303 (4) (d); (g)  records indicating the amounts the licensee has charged residents; and (h)  records to substantiate that the licensee has provided residents with accommodation, care, services, programs and goods.
Requirements for records
 313. (1) For the purposes of section 95 of the Act, every licensee of a long-term care home shall ensure that a record required to be kept under section 312 is retained for a period of at least seven years from the last day of the year in which the record was made, except in the case of an agreement mentioned in clause 312 (d) or (e), which must be kept for a period of at least seven years from the earlier of the date that the agreement ends or it is terminated by either party to the agreement. (2) Subsection (1) applies, to the extent possible, with respect to records that were required to be retained under section 263 of Ontario Regulation 79/10 (General) made under the former Act.