jswizzle3737/ontario_laws_and_regs huggingface dataset:
Non-arm’s length transactions
 314. (1) For the purposes of section 96 of the Act and this Regulation, “non-arm’s length transaction” means a transaction where a licensee spends money to acquire the supply of direct care services to or direct care goods for a long-term care home that is entered into between a licensee and an associate of the licensee. (2) Subject to subsection (3), a licensee of a long-term care home shall not enter into a non-arm’s length transaction unless, (a)  the supplier has been selected from an open, fair and transparent competitive procurement process involving at least three unrelated bids and has demonstrated economy, efficiency and effectiveness for the money spent superior to that of the other bidders; and (b)  the licensee keeps a record documenting the transaction and the details of the competitive procurement process. (3) If a licensee is unable to meet the requirement under clause (2) (a), the licensee may enter into the transaction with the prior written approval of the Director. (4) A licensee shall apply to the Director for the written approval under subsection (3) in the form and manner acceptable to the Director. (5) A licensee may not exercise an option to extend or renew an agreement for a non-arm’s length transaction unless the supplier has demonstrated economy, efficiency and effectiveness for the money. (6) Every licensee shall submit to the Director by March 31 in every calendar year, or at any other time required by the Director, a report that sets out, for the previous calendar year, or a time stipulated by the Director, every non-arm’s length transaction for goods and services provided during that year or time, including a description of the services or goods received and the money spent for the goods and services. (7) Subsections (5) and (6) apply whether or not the agreement or transaction took place before this section came into force. (8) This section does not apply to the agreement with the Medical Director required under section 251. PART VIII   LICENSING
PART VIII LICENSING
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Definition
 315. In this Part, “security interest” has the same meaning as in section 110 of the Act.
Premises that do not require licence
 316. Subsection 98 (1) of the Act does not apply to, (a)  a home for special care that is licensed under the Homes for Special Care Act; (b)  a residential premises funded under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008; (c)  a residential hospice if the nursing care provided at the hospice for its residents is funded, directly or indirectly, by the Government of Ontario or the Government of Canada; (d)  a retirement home; or (e)  a premises owned or operated by a health service provider or an Ontario Health Team funded under section 21 of the Connecting Care Act, 2019 to provide home and community care services that include residential accommodation within the meaning of Ontario Regulation 187/22 (Home and Community Care Services) made under that Act at the premises on the day that section 1 of that Regulation came into force. O. Reg. 246/22, s. 316, 390 (6).
Non-profit and for-profit
 317. The following clarifications are made to the meaning of “non-profit” and “for-profit” for the purposes of the Act and this Regulation: 1.  A non-profit entity is an entity that meets any of the following criteria: i.  being a corporation without share capital, A.  to which the Not-for-Profit Corporations Act, 2010 applies, or B.  that is incorporated under a general or special Act of the Parliament of Canada, ii.  being a municipality or a board of management for a municipal home, iii.  being a council of a band under the Indian Act (Canada) or a board of management for a First Nations home, or iv.  being a corporation with share capital whose equity shares are owned by an entity or entities described in subparagraph i, ii or iii. 2.  A non-profit long-term care home is, i.  a long-term care home whose licensee is a non-profit entity, or ii.  a municipal home, joint home or First Nations home approved under Part IX of the Act. 3.  A for-profit entity is an entity that is not a non-profit entity. 4.  A for-profit long-term care home is a long-term care home that is not a non-profit long-term care home.
Limits on eligibility for licence
 318. (1) For the purposes of clause 101 (1) (b) of the Act, “design manual” means the design manual applicable under the development agreement to which the home or beds are subject. (2) For the purposes of clause 101 (1) (f) of the Act, a prospective licensee that is not a corporation is ineligible to be issued a licence for a long-term care home if, (a)  the past conduct relating to the operation of a long-term care home or any other matter or business of anyone who has a controlling interest in the prospective licensee does not afford reasonable grounds to believe that the home will be operated in accordance with the law and with honesty and integrity; (b)  it has not been demonstrated that those with a controlling interest in the prospective licensee, along with the prospective licensee, are competent to operate a long-term care home in a responsible manner in accordance with the Act and the regulations and are in a position to furnish or provide the required services; or (c)  the past conduct relating to the operation of a long-term care home or any other matter or business of anyone who has a controlling interest in the prospective licensee does not afford reasonable grounds to believe that the home will not be operated in a manner that is prejudicial to the health, safety or welfare of its residents.
Conditions of a licence — development agreements
 319. For the purposes of subsection 104 (3) of the Act, a development agreement for the home to which the licence relates is an agreement entered into under this Act.
Non-profit to for-profit circumstances
 320. For the purposes of subsection 108 (8) of the Act, a non-profit entity may transfer a licence or beds to a for-profit entity where both of the following conditions are met: 1.  A debt or the performance of some other obligation of the non-profit entity is secured by a security interest in the licence. 2.  The non-profit entity is in default of any obligation secured by the security interest and, i.  the non-profit entity made reasonable efforts to avoid the default, or ii.  the holder of the security interest compels the transfer by exercising the security interest, whether or not the non-profit entity made reasonable efforts to avoid the default.
Limits on share transfers: non-profit subsidiaries
 321. (1) It is a condition of a licence held by a non-profit entity that is a share capital corporation described in subparagraph 1 iv of section 317 that the corporation shall not, (a)  allow the transfer of equity shares issued by the corporation from a shareholder that is a non-profit entity to a for-profit entity; or (b)  issue equity shares to a for-profit entity. (2) Subsection (1) does not prevent a transfer of equity shares where the following conditions are met: 1.  A debt or the performance of some other obligation of the shareholder is secured by a security interest in the equity shares. 2.  The shareholder is in default of any obligation secured by the security interest and, i.  the shareholder made reasonable efforts to avoid the default, or ii.  the holder of the security interest compels the transfer by exercising the security interest, whether or not the shareholder made reasonable efforts to avoid the default.
Person with security interest operating home through management contract
 322. A long-term care home may not be managed under a contract provided for in subsection 110 (1) of the Act without the approval of the Director under section 113 of the Act.
Approval of gaining controlling interest
 323. (1) The approval that is required under subsection 112 (1) of the Act when a person gains a controlling interest in a licensee must be obtained before the controlling interest is gained. (2) Subsection (1) does not apply where a person’s gaining of a controlling interest results from the person becoming an associate of another person due to the application of the following provisions of this Regulation: 1.  Clause 5 (3) (a), where the corporation referred to therein is the licensee. 2.  Clause 5 (3) (b), where the partnership referred to therein is the licensee. 3.  Clause 5 (3) (h). (3) Where an exception in subsection (2) applies, (a)  the person is not required to obtain approval under section 112 of the Act; and (b)  the notification required under subsection 111 (2) of the Act of the person’s gaining the controlling interest shall be provided within 15 days of the licensee becoming aware of the person’s having gained a controlling interest.
Requirements for management contracts
 324. (1) A contract described in subsection 113 (1) of the Act respecting the management of a long-term care home (a “management contract”) is required to, (a)  provide that the management of the home managed under the contract cannot be subcontracted or assigned; (b)  provide that any change in who has a controlling interest in the manager under the contract is deemed to be a material amendment to the contract that requires the Director’s approval under subsection 113 (6) of the Act; (c)  make adequate provision for the transition of the management of the home from the manager to the licensee or another manager upon the termination or expiry of the contract or the withdrawal or expiry of the Director’s approval; (d)  require the manager to operate the home in accordance with the requirements under the Act; (e)  require the manager to keep the licensee adequately informed about the operation of the home, including promptly giving the licensee any document served on or notice given to the licensee by being delivered to the home; (f)  acknowledge that funding under the Act will be paid to the licensee, not to the manager directly; and (g)  acknowledge that the Director’s approval of the contract can be withdrawn under subsection 113 (5) of the Act at any time without liability. (2) Where a management contract exists with respect to a long-term care home, it is a condition of the licence that the licensee notify the Director, in writing, no later than 15 days after the occurrence of the event, of the following events: 1.  An amendment to the contract. 2.  The termination or expiry of the contract, or any other event that results in the manager ceasing to manage the home. (3) For greater clarity, if the approval of the Director is required under subsection 113 (6) of the Act for the amendment of a management contract, (a)  paragraph 1 of subsection 113 (4) of the Act applies with respect to approving the amendment; and (b)  paragraph 2 of subsection 113 (4) of the Act does not apply unless the amendment is a deemed amendment under clause (1) (b).
Temporary licences and temporary emergency licences — exemptions
 325. (1) For the purposes of sections 114 and 115 of the Act, the following provisions of the Act do not apply with respect to a temporary licence or a temporary emergency licence: 1.  Clause 116 (2) (b). 2.  Subsection 116 (3). 3.  Subsection 116 (4). (2) Despite paragraph 1 of subsection (1), a temporary licence may not be amended so that its total term is for more than five years, and a temporary emergency licence may not be amended so that its total term is for more than one year. (3) The Director may stipulate, as a condition under subsection 104 (2) of the Act, one or more other provisions of the Act or the regulations that do not apply with respect to a temporary licence or temporary emergency licence, but only if the Director is satisfied, (a)  that it would be unreasonable, under the circumstances, not to make such a stipulation; and (b)  that it is preferable, in the interests of the residents, that the licence be issued subject to such a stipulation than that it not be issued at all. (4) A stipulation under subsection (3) may provide for one or more alternative conditions that the licensee is to comply with instead of the provision or provisions of the Act or the regulations set out in the stipulation. (5) A stipulation under subsection (3) may provide that the provision or provisions of the Act or the regulations set out in the stipulation do not apply with respect to the licence, (a)  for a time set out in the stipulation; or (b)  for the full term of the licence.
Amendments with consent
 326. A licence may be amended under subsection 116 (1) of the Act only if the Director approves the amendment.
Licence with beds of different terms
 327. The following rules apply in respect of a licence for a long-term care home in which there are beds that are subject to different terms under the licence: 1.  The licence expires when the term of the last bed under the licence expires. 2.  Where the Director exercises their power under clause 107 (3) (a) of the Act to amend the licence to reduce the number of beds allowed under the licence by the number of unoccupied and unavailable beds, the Director may apply the reduction to either the beds that are actually unoccupied and unavailable, or to the beds that are subject to the shortest terms. 3.  The provisions in section 116 of the Act referring to the extension of the term of a licence apply to the extension of the term of any bed under the licence. PART IX   MUNICIPAL HOMES AND FIRST NATIONS HOMES Part IX Homes
PART IX MUNICIPAL HOMES AND FIRST NATIONS HOMES
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Part IX Homes
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Definition
 328. In this Part, “Part IX home” means a municipal home, joint home or First Nations home approved under Part IX of the Act.
Application of Act to Part IX homes
 329. The following clarifications are made respecting the application of the Act to Part IX of the Act: 1.  Sections 100 and 101 of the Act do not apply to subsection 103 (1) of the Act as it applies to Part IX homes. 2.  Sections 100 and 101 of the Act apply where, under paragraph 2 of subsection 113 (4) of the Act, a municipality or board of management contracts someone else to manage a Part IX home. 3.  Section 100 of the Act does not apply to Part IX homes by virtue of paragraph 2 of subsection 116 (4) of the Act. 4.  A temporary emergency licence under section 115 of the Act may be issued to a municipality or a board of management, and such a licence may be revoked under section 159 of the Act. 5.  If a temporary licence or temporary emergency licence is issued under clause 114 (1) (a) or 115 (1) (a) of the Act and the licence is issued to, i.  a municipality, sections 135 to 137 of the Act apply with respect to the home operated under the licence, ii.  a board of management under section 128 of the Act, sections 136 and 137 of the Act apply with respect to the home operated under the licence, or iii.  a board of management under section 132 of the Act, section 136 of the Act applies with respect to the home operated under the licence. 6.  Where a temporary licence or temporary emergency licence is issued to a municipality or a board of management, Part VIII of the Act applies with respect to the licence, subject to the following: i.  the municipality or board of management is exempt from subsections 111 (1) and (2) of the Act, ii.  the municipality or board of management is exempt from subsection 111 (3) of the Act subject to the condition that it must notify the Minister in writing of anything that it would otherwise be required to notify the Director of under that subsection, iii.  the municipality or board of management is exempt from section 112 of the Act.
Composition of committees of management
 330. (1) A committee of management appointed under section 135 of the Act shall, (a)  in the case of a municipal home, be composed of not fewer than three members; and (b)  in the case of a joint home, be composed of not fewer than two members of the council of each of the municipalities maintaining and operating the joint home. (2) A committee of management that existed under section 132 of the former Act continues as a committee of management under section 135 of the Act.
Application of Part VIII of Regulation
 331. The following modifications to Part VIII of this Regulation are made with respect to Part IX homes: 1.  In subsection 324 (2) and section 326, “licence” shall be read as “approval” and “Director” shall be read as “Minister”. Territorial District Homes
Territorial District Homes
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Application and interpretation
 332. (1) Sections 333 to 345 apply with respect to homes under section 128 of the Act. (2) In sections 333 to 345, “board” means a board of management described in Schedules 1 to 6 to this Regulation; (“conseil”) “supporting municipality” has the same meaning as in subsection 131 (5) of the Act. (“municipalité participante”)
Objects
 333. The objects of a board are to operate and maintain one or more municipal homes.
Established as corporation
 334. (1) Every board is a corporation. (2) Subsection 91 (1) of the Not-for-Profit Corporations Act, 2010
applies with respect to a board.
Rights, powers, etc.
 335. (1) Every board has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited by subsection (2). (2) The powers of a board under subsection (1) are subject to the same restrictions that would apply by virtue of subsection 17 (1) of the Municipal Act, 2001 if the board were a municipality. (3) For greater clarity, a board may make those investments that a municipality is permitted to make under section 418 of the Municipal Act, 2001.
Requirements for members
 336. (1) An individual is qualified to be a member of a board if the individual, (a)  is at least 18 years of age; (b)  is a resident of the district for which the board is the board of management; and (c)  is not employed by the board of management or any of the supporting municipalities. (2) An individual ceases to be a member if the individual, (a)  is convicted of an indictable offence; (b)  becomes incapacitated; (c)  is absent from three consecutive board meetings unless the absence is authorized by a resolution of the board; or (d)  ceases to be qualified under subsection (1).
Membership — general
 337. (1) For the purpose of determining the membership of a board, the districts for which the boards have been established are divided into the areas set out in the Schedules to this Regulation. (2) For each board described in the heading of a Schedule, the number of members, the areas in a district that they represent and the manner of their appointment shall be that set out in the Schedule. (3) A member shall be appointed for a term not exceeding four years. (4) A member may be reappointed.
Quorum
 338. A majority of members constitutes a quorum for a board.
Chair
 339. (1) Each board shall, at its first meeting in each year, appoint one of its members as chair. (2) A member’s term as chair ends at the first meeting of the board in the next year. (3) The chair may be reappointed. (4) No member shall serve as chair for more than four consecutive terms. (5) Despite subsection (2), the chair ceases to be chair if they cease to be a member. (6) If the office of chair becomes vacant, the board shall appoint another member as chair.
Notice
 340. (1) The board shall promptly give written notice to the Director and to the Administrator of each municipal home for which the board is responsible, (a)  of any change in the membership of the board; and (b)  of any change in who the chair is. (2) If a change in the membership of the board results in the seat of a member appointed by a municipality or municipalities being vacant, the board shall also promptly give written notice to the municipality or municipalities.
Operating costs
 341. (1) For the purposes of clause 129 (3) (b) of the Act, the prescribed percentage is 25 per cent. (2) For the purposes of subsection 129 (4) of the Act, an operating line of credit with a financial institution is prescribed as an additional means by which a board of management may borrow. (3) For the purposes of clauses 129 (5) (b) and (6) (b) of the Act, the prescribed percentage is 50 per cent, but only if every supporting municipality of the board has passed a resolution supporting the board’s ability to borrow up to that percentage.
Capital costs
 342. For the purposes of subsection 130 (3) of the Act, a board may borrow such sums as the board considers necessary to meet the capital costs it estimates under subsection  130 (1) of the Act in either of the following circumstances: 1.  Every supporting municipality of the board has passed a resolution that, i.  supports such borrowing by the board, and ii.  acknowledges that any repayments on the borrowed sums that the board is required to make that are not covered by the available current revenues of the board are subject to apportionment to supporting municipalities under subsection 129 (1) of the Act. 2.  The board is refinancing existing debt.
Apportionments by boards of management
 343. (1) Amounts that supporting municipalities are required to pay to a board under sections 129 and 130 of the Act shall be apportioned, correct to three decimal places, among the supporting municipalities in the proportion of the amount of the total weighted assessment of each municipality to the total weighted assessment of all the supporting municipalities. (2) The amounts that supporting municipalities are required to pay to a board under section 129 or 130 of the Act are due at the times established by the board. (3) If a supporting municipality or municipalities have not made a payment within the time period established under subsection (2) and the board is required to borrow under subsection 129 (4) or 130 (3) of the Act as a result, the board may apportion the borrowing costs reasonably attributable to the late or missed payment among those supporting municipalities. (4) A board that borrows under subsection 129 (4) or 130 (3) of the Act may apportion the cost of any repayment of the borrowed sums that the board is required to make and that is not covered by the available current revenue of the board as an apportionment under subsection 129 (1) of the Act. (5) In this section, “equivalent assessment” means the amount determined by dividing the compensation a municipality is entitled to be paid by the Minister of Finance for a hydro-electric generating station located in the municipality in respect to revenues foregone as a result of the enactment of paragraph 28 of subsection 3 (1) of the Assessment Act by the tax rate for the industrial property class for the year prior to the previous year; (“évaluation équivalente”) “weighted assessment” means, (a)  with respect to a property that is in a subclass to which section 313 of the Municipal Act, 2001
applies, the taxable assessment or exempt assessment subject to a payment in lieu for the property, according to the annual return for the year prior to the previous year provided to the Minister under section 294 of the Municipal Act, 2001, reduced by the percentage reduction that applies to the tax rate for properties of that subclass and multiplied by the tax ratio of the property class that the property is in established under section 308 of the Municipal Act, 2001 for that year, and (b)  with respect to any other property, the taxable assessment or exempt assessment subject to a payment in lieu, according to the annual return for the year prior to the previous year provided to the Minister under section 294 of the Municipal Act, 2001 or equivalent assessment for a property, multiplied by the tax ratio of the property class that the property is in established under section 308 of the Municipal Act, 2001 for that year. (“évaluation pondérée”)
Division of territorial districts
 344. (1) For the purposes of Part IX of the Act, the Territorial District of Nipissing is divided into two parts as follows: 1.  Nipissing East composed of that part of the Territorial District of Nipissing lying east of the easterly boundary of the geographic Townships of Commanda, Blyth, Notman, Hammel, Gooderham, Flett, Hartle and Eldridge, or its projection. 2.  Nipissing West composed of that part of the Territorial District of Nipissing lying west of the line described in paragraph 1. (2) For the purposes of Part IX of the Act, the Territorial District of Parry Sound is divided into two parts as follows: 1.  Parry Sound West composed of that part of the Territorial District of Parry Sound lying within the boundaries of the geographic Townships of Blair, Brown, Burpee, Burton, Carling, Christie, Conger, Cowper, Ferguson, Ferrie, Foley, Harrison, Hagerman, Henvey, Humphrey, McDougall, McKellar, McKenzie, McMurrich, Monteith, Mowatt, Shawanaga and Wallbridge. 2.  Parry Sound East composed of that part of the Territorial District of Parry Sound other than Parry Sound West. (3) For the purposes of Part IX of the Act, the Territorial District of Algoma is divided into two parts as follows: 1.  Algoma comprising all of the Territorial District of Algoma, except for the territory described in paragraph 2. 2.  Sault Ste. Marie comprising the parts of the Territorial District of Algoma within the boundaries of the City of Sault Ste. Marie and the territory without municipal organization that is within the planning area for the Sault Ste. Marie North Planning Board.
Transitional, boards of management
 345. (1) A board of management that existed under the former Act and that is described in the heading to a Schedule to this Regulation continues as a board of management under section 128 of the Act. (2) A member of a board of management to which subsection (1) applies continues in office until their term would have otherwise ended. (3) The chair of a board of management to which subsection (1) applies continues in office until the first meeting of the board in the year following the year this section comes into force. PART X   COMPLIANCE AND ENFORCEMENT
PART X COMPLIANCE AND ENFORCEMENT
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Where notice may be given of inspection
 346. For the purposes of clause 147 (b) of the Act, notice may be given of the following inspections: 1.  Inspections of beds in an existing long-term care home that are not yet covered by the home’s licence or approval. 2.  Inspections to ensure compliance with a closure plan under section 361. 3.  Inspections that are initiated solely because the licensee has requested an inspection.
Factors to be taken into account
 347. (1) For the purposes of sections 154 to 157 of the Act, in determining what actions to take or orders to make where there has been a finding of non-compliance with a requirement under the Act, an inspector or Director shall take all of the following factors into account, and shall take only those factors into account: 1.  The severity of the non-compliance and, in cases where there has been harm or the risk of harm to one or more residents arising from the
non-compliance, the severity of the harm or risk of harm. 2.  The scope of the non-compliance and, in cases where there has been harm or risk of harm arising from the non-compliance, the scope of the harm or risk of harm. 3.  The licensee’s history of compliance, in any home, with requirements under the Act and with requirements under the former Act and the regulations under that Act and any service agreement required by that Act. (2) In determining whether to make an order under section 159 of the Act, the Director may take into account, (a)  the factors referred to in subsection (1), where applicable; and (b)  any other factors the Director considers relevant. (3) In this section, “scope” means pervasiveness throughout the home.
Re-inspection fees
 348. Where an inspector conducts an inspection to determine compliance with an order made under section 155 of the Act, (a)  the fee for the first inspection is nil; and (b)  the fee for each subsequent inspection to determine compliance with that order or with a subsequent order under that section is $500.
Reasonable compensation
 350. (1) For the purposes of paragraph 6 of subsection 159 (10) of the Act, the reasonable compensation that may be provided to a licensee for the use of the licensee’s property where the Director has made an order under subsection 159 (5) of the Act is to be determined by employing the formula: Comp = A × B where, “Comp” is the amount of compensation, “A”  is the prescribed rate of interest multiplied by the long-term care home’s most recent current value assessment under the Assessment Act, both as of the date of the order, divided by the number of days in the year, “B”  is the number of days between the date of the order and the day that revocation of the licence becomes effective and all of the residents of the home are relocated. (2) In this section, “number of days in the year” means 365, or, if the order is made in a leap year, 366; (“nombre de jours de l’année”) “prescribed rate of interest” means the higher of, (a)  the prescribed rate of interest as calculated under paragraph 4.1 of subsection 503 (2) of Regulation 183 of the Revised Regulations of Ontario, 1990 (General) made under the Corporations Tax Act, and (b)  one per cent. (“taux d’intérêt prescrit”)
Protection of privacy in reports
 351. (1) This section applies with respect to, (a)  the requirement to post an inspection report under clause 85 (3) (l) of the Act; (b)  the requirement to post an order under clause 85 (3) (m) of the Act; (c)  the obligation to give an inspection report to the Residents’ Council or, where applicable, the Family Council under section 152 of the Act; (d)  the requirement to publish an inspection report under clause 180 (b) of the Act; and (e)  the requirement to publish an order under clause 180 (c) of the Act. O. Reg. 246/22, s. 351 (1). (2) Where an inspection report mentioned in clause (1) (a), (c) or (d) contains personal information or personal health information, only the following shall be posted, given or published, as the case may be: 1.  Where there is a finding of non-compliance, a version of the report that has been edited by an inspector so as to provide only the finding and a summary of the evidence supporting the finding. 2.  Where there is no finding of non-compliance, a version of the report that has been edited by an inspector so as to provide only a summary of the report. O. Reg. 246/22, s. 351 (2). (3) Where an order mentioned in clause (1) (b) or (e) contains personal information or personal health information, only a version of the order that has been edited by an inspector to provide a summary of the content of the order shall be posted or published, as the case may be. O. Reg. 246/22, s. 351 (3). (4) In this section, “personal information” means personal information within the meaning of the Freedom of Information and Protection of Privacy Act. (“renseignements personnels”) O. Reg. 246/22, s. 351 (4); O. Reg. 484/22, s. 5.
Transitional, compliance and enforcement
 352. (1) Except as otherwise provided in this section and despite anything else in the Act, Part X of the Act and this Part apply with respect to a failure to comply with a requirement under the former Act before the coming into force of this section. (2) For greater certainty, an order may be made under section 155 of the Act with respect to a failure to comply with a requirement under the former Act before the coming into force of this section. (3) Despite subsection (1), the Director may not make an order under section 156 of the Act with respect to a failure to comply with a requirement under the former Act before the coming into force of this section, if an order had already been made under section 155 of the former Act in respect of the same failure to comply. (4) Despite anything else in the Act, where a licence has been deemed to be replaced under section 199 of the Act, the Director may make an order under section 159 of the Act with respect to the licence, (a)  for any reason provided for in section 159 with respect to matters that occurred before the coming into force of this section, including, for greater certainty, a failure to comply with a requirement under the former Act; and (b)  for any reason for which the licensee’s licence or approval, as the case may be, could have been revoked under the former Act. (5) Where, immediately before the day this section came into force, there was a direction in effect under subsection 50 (1) of the former Act for the placement co-ordinator to cease authorizing admissions to a home, the placement co-coordinator is required to continue to comply with the direction and the direction continues to be in effect until it is complied with or is no longer necessary as determined by the Director. (6) Where, immediately before the day this section came into force, the Director had control of and was operating and managing a municipal home or joint home under section 136 or 137 of the former Act, the Director shall cease occupying that home no later than one year from the date of occupation. (7) When deciding whether to take control of a municipal home or joint home under section 140 or 141 of the Act, the Director may consider the licensee’s failure to comply with requirements in the former Act, the regulations under that Act and a service agreement required under that Act that arose before this section came into force. (8) On the day this section comes into force, a long-term care home that has been inspected at least once in the 2022 calendar year under the former Act is deemed to have met the inspection requirement under section 146 of the Act in respect of the 2022 calendar year. PART XI   ADMINISTRATION, MISCELLANEOUS Service and Notice
PART XI ADMINISTRATION, MISCELLANEOUS
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Service and Notice
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Notice of Indirect Collection
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Notice of indirect collection
 354. Where the Director provides the licensee of a home with a notice of indirect collection containing the information described in subsection 39 (2) of the Freedom of Information and Protection of Privacy Act, the licensee shall post the notice in a conspicuous place in the home where it is likely to come to the attention of the staff. Disclosure of Personal Information
Disclosure of Personal Information
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Disclosure related to other Acts
 355. Where the Minister or Director is of the opinion that it is advisable to do so, the Minister or Director shall disclose personal information about an individual, (a)  to a College within the meaning of the Regulated Health Professions Act, 1991 for the purpose of the administration or enforcement of the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991 or an Act named in Schedule 1 to that Act; and (b)  to the Ontario College of Social Workers and Social Service Workers for the purpose of the administration or enforcement of the Social Work and Social Service Work Act, 1998. Construction, Renovation, etc., of Homes
Construction, Renovation, etc., of Homes
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Construction, renovation, etc., of homes
 356. (1) A licensee of a long-term care home shall not commence operation of the home under a new licence or approval until the Director has approved the home and its equipment. (2) A licensee shall not allow alterations, additions, renovations, maintenance or repairs to be made to the home or its equipment that do not maintain or improve upon the functional aspects of the home or equipment. (3) A licensee may not commence any of the following work without first receiving the approval of the Director: 1.  Alterations, additions or renovations to the home. 2.  Other work on the home or work on its equipment, if doing the work may significantly disturb or significantly inconvenience residents. (4) A licensee who is applying for the Director’s approval under subsection (3) shall provide the Director with, (a)  plans or specifications relating to the work to be done; and (b)  a work plan describing how the work will be carried out, including how residents will be affected and what steps will be taken to address any adverse effects on residents. (5) A licensee who has received the Director’s approval under subsection (3) shall ensure that the work is carried out in accordance with the plan or specifications and work plan provided under subsection (4). (6) The Director may make it a condition of an approval under subsection (3) that the licensee obtain the Director’s further approval before beginning to use any addition to the home or any part of the home on which work was done. Closure of Beds
Closure of Beds
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Closure of beds
 357. (1) A licensee of a long-term care home shall give notice when one or more beds in the home are to be closed, (a)  with the written permission of the Director under subsection 107 (3) of the Act for the beds not to be available for occupancy; (b)  because the beds are being transferred to another location under section 108 of the Act; or (c)  because the term of the licence for those beds is due to expire. (2) Notice is not required under this section with respect to, (a)  beds that need to be closed suddenly because of an event that could not have reasonably been predicted by the licensee; (b)  beds under a temporary licence under clause 114 (1) (b) of the Act with a term of 16 weeks or less; (c)  beds under a temporary emergency licence under clause 115 (1) (b) of the Act; or (d)  beds that are being closed because the home is being closed. (3) A notice under this section must be given to, (a)  the resident occupying the bed, their substitute decision-maker, if any, and any other person either of them may direct; (b)  the appropriate placement co-ordinator; and (c)  the Director. (4) Subject to subsection (5), a notice under this section given to a person referred to in clause (3) (a) must state, (a)  that the licensee intends to close the bed; and (b)  that the resident may be subject to discharge if they are still occupying the bed at the time it closes. (5) The notice shall not contain the information provided for in clause (4) (b) if, because of when the notice is given, the resident cannot be discharged under section 159. (6) A notice under this section must be given at least 16 weeks before the bed is to be closed. (7) The Director may agree to a shorter notice period than the one required under subsection (6), or to dispensing with notice.
Transfer, closed beds
 358. (1) This section applies with respect to a transfer to a bed that is to be closed in a long-term care home, (a)  if notice was required under section 357 and given or dispensed with; or (b)  if clause 357 (2) (b) or (c) applies. (2) Before a resident is transferred into the bed, the licensee shall give notice to the resident, and to their substitute decision-maker, if any, and any other person either of them may direct. (3) A notice under subsection (2) must state, (a)  that the licensee intends to close the bed; and (b)  that the resident may be subject to discharge if they are still occupying the bed at the time it closes. (4) The resident may refuse to be transferred into the bed. Closure of Homes
Closure of Homes
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Closure of a home, notice to Director
 359. (1) A licensee of a long-term care home shall not close the home without giving notice as provided for in this section. (2) This section does not apply, (a)  if the licence is revoked; or (b)  if the licence is a temporary emergency licence under clause 115 (1) (a) of the Act. (3) A licensee who intends to close a home shall give the Director written notice of the intended closure. (4) The notice must, (a)  set out the date of the intended closure; and (b)  be given to the Director at least, (i)  five years before the date of the intended closure, (ii)  in the case of a temporary licence under clause 114 (1) (a) of the Act, three years before the intended closure date, or (iii)  in the case of a closure of a home upon the expiry of the licence for the home, before the date provided for in the policy made under subsection 106 (1) of the Act. (5) The licensee may withdraw the notice with the written consent of the Director. (6) The licensee may change the closure date with the written consent of the Director. (7) The licence or approval for the home is deemed to be surrendered on the closure date. (8) A notice under section 308 of Ontario Regulation 79/10 (General) made under the former Act that was given before this section came into force is deemed to be notice under this section.
Closure of home, notice to residents and applicants
 360. (1) The licensee of a home that is to be closed shall give notice of the closure to every resident of the home, to their substitute decision-maker, if any, and to any other person either of them may direct. (2) This section does not apply, (a)  if the licence is revoked; or (b)  if the licence is a temporary emergency licence under clause 115 (1) (a) of the Act. (3) A notice under subsection (1) must be given at least 16 weeks before the home is to be closed, except in the case of a temporary licence under clause 114 (1) (a) of the Act with a term of less than 16 weeks, in which case the notice must be given within the time provided for in the temporary licence.
Closure plans and closure agreements
 361. (1) This section applies when a home is closed, except, (a)  when a licence is revoked under section 159 of the Act; and (b)  in the case of a temporary emergency licence under clause 115 (1) (a) of the Act. (2) The licensee shall, in consultation with the Director, the appropriate placement co-ordinator and the Agency, develop a closure plan for the home that the Director determines is sufficient to adequately provide for, (a)  the relocation of the residents; (b)  the closure of the home; and (c)  the satisfaction of the requirements the licensee is required to meet with regard to the home. (3) The closure plan must be given to the Director, (a)  at least 14 months before the closure date; or (b)  in the case of a temporary licence under clause 114 (1) (a) of the Act that is revoked under paragraph 1 of subsection 114 (2) of the Act, on or before the date set out in the revocation order. (4) The licensee shall comply with the closure plan. (5) The licensee shall enter into a closure agreement with the Director providing for requirements the licensee must meet at or around the time the home closes and after. (6) The licensee shall enter into the closure agreement, (a)  at least six months before the closure date; or (b)  in the case of a temporary licence under clause 114 (1) (a) of the Act that is revoked under paragraph 1 of subsection 114 (2) of the Act, on or before the date set out in the revocation order.
Imminent home closure designation
 361.1 Where the Director is satisfied that it is appropriate to do so to assist a home to close by the closure date set out in the approved closure plan, the Director may, by written notice to the licensee and the placement co-ordinator, designate the closure as an imminent home closure for the purposes of section 240.5. O. Reg. 66/23, s. 45.
Shorter notice periods and deadlines
 362. (1) Where, under section 359, 360 or 361, a licensee is required to give notice by a certain date, or submit a closure plan or enter into a closure agreement by a certain date, the Director may agree to a shorter notice period or to a plan being submitted or an agreement entered into by a later date. (2) Without limiting the generality of subsection (1), a temporary licence under clause 114 (1) (a) of the Act may provide for a shorter notice period or to a plan being submitted or an agreement entered into by a later date.
Closure of home under temporary emergency licence
 363. (1) This section applies to a licensee of a home with a temporary emergency licence under clause 115 (1) (a) of the Act. (2) The licensee shall not close the home except as provided for in the licence or as agreed to by the Director. (3) Subsection (2) does not apply if the licence is revoked. (4) The licensee shall co-operate with the Director, the appropriate placement co-ordinator and the Agency with respect to closing the home and relocating its residents.
Special rules re Part IX homes
 364. The following additional rules apply respecting the closing of homes established under Part IX of the Act: 1.  A southern municipality shall not close a home that it is required to maintain under section 122 of the Act. 2.  The notice of closure under section 359 for a home maintained under section 128 of the Act shall include certified copies of by-laws agreeing to the closure passed by a majority of municipalities in the territorial district.
Extension until all residents relocated
 365. (1) If a long-term care home is being closed but not all residents have been relocated by the closure date, the Director may extend the term of any licence for the home, subject to such conditions as the Director may stipulate, until all residents have been relocated. (2) Part VIII of the Act does not apply with respect to an extension under subsection (1). Fees
Fees for audits and financial reviews
 367. (1) The Director may require a licensee to pay a fee, in an amount that the Director determines to be reasonable considering all the circumstances, where, (a)  an inspector has, under clause 150 (1) (i) of the Act, called upon an expert who is not an employee of the Ministry to conduct an audit or a financial review; and (b)  the audit or review was necessary because of a failure on the part of the licensee to comply with a requirement under the Act, or the audit or review revealed a failure to comply with a requirement under the Act. (2) The fee under subsection (1) shall not exceed the costs incurred by the Ministry in retaining the expert. Exemptions
Exemptions, certain homes
 368. (1) Subject to subsection (2), the long-term care homes set out in the Table to this section are exempt from Part IV of the Act. (2) Clause 51 (11) (d) and sections 52 and 56 of the Act apply to the long-term care homes set out in the Table to this section, except that references to the placement co-ordinator shall be read as references to the licensee of the home. Table Item   Long-Term Care Home 

  1.   Iroquois Lodge Nursing Home, Ohsweken 

  2.   Wikwemikong Nursing Home, Wikwemikong 

  3.   Akwesasne Adult Care Centre, Cornwall 

  4.   Oneida Nation of the Thames Long-Term Care Home, Southwold
PART XII TRANSITION
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Designation of placement co-ordinators
 371. A designation of a placement co-ordinator under section 40 of the former Act continues to apply under the Act until the designation is revoked.
Designations of units, beds, etc.
 372. Any designation of specialized units or beds by the Director under Part III of the former Act or designation of beds by the Minister under Part III of the former Act continue to apply under the Act until the designation expires, is replaced or is revoked.
Determinations and decisions under former Act
 373. (1) A determination by the Minister under section 96 of the former Act shall be deemed to be a determination under section 99 of the Act. (2) A determination by the Minister that a restriction is, or is not, needed under section 97 of the former Act shall be deemed to be a determination by the Minister under section 100 of the Act. (3) A decision by the Director under section 98 of the former Act that a person is eligible to be issued a licence, or for any other purpose for which a determination of eligibility was required under section 98 of the former Act, shall be deemed to be a decision of the Director under section 101 of the Act.
Undertakings
 374. An undertaking given under section 100 of the former Act shall be deemed to be an undertaking under section 103 of the Act.
Permission under former Act relating to unavailable beds
 375. A written permission of the Director referred to in subsection 104 (3) of the former Act that was given before this section came into force is deemed to be permission referred to in subsection 107 (3) of the Act.
Requests for approval of transfers
 376. If a request for approval of a proposed transfer was submitted under section 105 of the former Act but not dealt with before the coming into force of this section, that request shall be deemed to be a request for approval of a proposed transfer under section 108 of the Act.
Consultations, etc. under former Act
 377. Any consultation or determination under section 106 of the former Act that occurred before this section came into force is deemed to be a consultation or determination under section 109 of the Act.
Security interests
 378. Section 110 of the Act applies to anyone to whom section 107 of the former Act applied immediately before this section came into force.