Prescribed offences and misconduct
 255. (1) The following offences are prescribed for the purposes of clause 81 (4) (a) of the Act: 1.  Any offence under the Act, the Long-Term Care Homes Act, 2007, the Nursing Homes Act, the Charitable Institutions Act
or the Homes for the Aged and Rest Homes Act. 2.  Any offence referenced at section 742.1 of the Criminal Code (Canada). 3.  Any offence under the Cannabis Act (Canada), the Controlled Drugs and Substances Act
(Canada) or the Food and Drugs Act (Canada). 4.  Any other provincial or federal offence if the offence involved, i.  improper or incompetent treatment or care of a vulnerable person that resulted in harm or a risk of harm of any kind to the vulnerable person, including but not limited to physical, emotional, psychological or financial harm, ii.  abuse or neglect of a vulnerable person that resulted in harm or risk of harm of any kind to the vulnerable person, including but not limited to physical, emotional, psychological or financial harm, iii.  unlawful conduct that intentionally resulted in harm or a risk of harm of any kind to a vulnerable person, including but not limited to physical, emotional, psychological or financial harm, or iv.  misuse or misappropriation of a vulnerable person’s money. (2) The following acts of professional misconduct are prescribed for the purposes of clause 81 (4) (b) of the Act: 1.  An act of misconduct as a member of a health profession as defined in the Regulated Health Professions Act, 1991. 2.  An act of misconduct as a member of a regulated profession as defined in the Fair Access to Regulated Professions and Compulsory Trades Act, 2006. 3.  An act of misconduct under any other scheme governing a profession, occupation or commercial activity, including a scheme a person is not required to participate in in order to practice or engage in the profession, occupation or activity. (3) For the purposes of clause 81 (4) (b) of the Act, a person is found guilty of an act of professional misconduct if a finding of professional misconduct is made against the person by a regulatory authority, a professional association or a body that regulates a profession, occupation or activity. (4) Subsection 81 (4) of the Act does not apply with respect to, (a)  a conviction for an offence that resulted in a sentence of imprisonment if the sentence was completed more than five years before the staff member first works, or the volunteer first volunteers, at the home or more than five years before the person becomes a member of the licensee’s board of directors, its board of management or committee of management or other governing structure; (b)  a conviction for an offence that did not result in a sentence of imprisonment if the conviction occurred more than five years before the staff member first works, or the volunteer first volunteers, at the home or more than five years before the person becomes a member of the licensee’s board of directors, its board of management or committee of management or other governing structure; (c)  a finding of guilt for an act of misconduct that resulted in a suspension if the suspension ended more than five years before the staff member first works, or the volunteer first volunteers, at the home or more than five years before the person becomes a member of the licensee’s board of directors, its board of management or committee of management or other governing structure; (d)  a finding of guilt for an act of misconduct that did not result in a suspension, if the finding of guilt occurred more than five years before the staff member first works, or the volunteer first volunteers, at the home or more than five years before the person becomes a member of the licensee’s board of directors, its board of management or committee of management or other governing structure. (5) In this section, “professional misconduct” includes incompetence; (“faute professionnelle”) “vulnerable person” means a vulnerable person as defined in the Police Record Checks Reform Act, 2015. (“personne vulnérable”)