Administrative monetary penalties
 349. (1) This section applies where there has been a failure by a licensee to comply with a requirement under the Act, resulting in the issuance of a notice of administrative penalty under section 158 of the Act by the Director or an inspector. O. Reg. 246/22, s. 349 (1). (2) The Table to this section sets out, (a)  in Column 1, the sections of the Act and this Regulation that are requirements for which a notice of administrative penalty may be issued; and (b)  in Column 3, the amount of the administrative penalty, unless otherwise specified in the Act or this Regulation. O. Reg. 246/22, s. 349 (2). (3) The Director may issue a notice of administrative penalty for a licensee’s failure to comply with a requirement listed in Column 1 of the Table where, (a)  the Director issues an order under section 155 of the Act as a result of the licensee’s failure to comply; or (b)  an inspector, (i)  issues a written notification to the licensee and refers the matter to the Director in accordance with paragraph 4 of subsection 154 (1) of the Act, and (ii)  makes an order under section 155 of the Act as a result of the licensee’s failure to comply. O. Reg. 246/22, s. 349 (3). (4) Where the Director issues a notice of administrative penalty under subsection (3) for a licensee’s first failure to comply with a requirement listed in Column 1 of the Table, the amount of the administrative penalty is the amount set out for that item in Column 3 of the Table. O. Reg. 246/22, s. 349 (4). (5) Where the Director issues a notice of administrative penalty under subsection (3) for a licensee’s second or subsequent failure to comply with the same requirement set out in Column 1 of the Table, the amount of the administrative penalty is, (a)  for the second failure, twice the amount set out for that item in Column 3 of the Table; (b)  for the third failure, three times the amount set out for that item in Column 3 of the Table; (c)  for the fourth failure, four times the amount set out for that item in Column 3 of the Table; and (d)  for each subsequent failure, five times the amount set out for that item in Column 3 of the Table. O. Reg. 246/22, s. 349 (5). (6) An inspector or the Director must issue a notice of administrative penalty where, (a)  a licensee has failed to comply with an order made under section 155 of the Act following an inspection conducted to determine compliance with the order; (b)  a licensee’s failure to comply with a requirement listed in Column 1 of the Table results in, (i)  an order being made under section 155 of the Act, and (ii)  at any time during the three years immediately before the date the order in subclause (i) was made, the licensee failed to comply with the same requirement which also resulted in an order being made under section 155 of the Act: or (c)  a licensee has failed to comply with subsection 23.1 (1) of this Regulation, resulting in an order being made under section 155 of the Act. O. Reg. 246/22, s. 349 (6); O. Reg. 66/23, s. 43 (1). (7) For the purposes of subclause (6) (b) (ii), a licensee will be deemed to have incurred a failure to comply with a requirement of the Act where the following apply: 1.  An order was made under section 153 or section 154 of the former Act. 2.  The same requirement that the licensee failed to comply with under the former Act continues to be a requirement under the Act. 3.  The order referred to in paragraph 1 was made no more than three years prior to the date of the order referred to in subclause (6) (b) (i). O. Reg. 246/22, s. 349 (7). (8) Where a notice of administrative penalty is issued pursuant to clause (6) (b), the administrative penalty for the licensee’s second failure to comply listed in Column 1 of the Table is the amount set out for that item in Column 3 of the Table, and if a subsequent failure occurs, the administrative penalty is, (a)  for the third failure, twice the amount set out for that item in Column 3 of the Table; (b)  for the fourth failure, three times the amount set out for that item in Column 3 of the Table; (c)  for the fifth failure, four times the amount set out for that item in Column 3 of the Table; and (d)  for each subsequent failure, five times the amount set out for that item in Column 3 of the Table. O. Reg. 246/22, s. 349 (8). (9) Where a notice of administrative penalty is issued pursuant to clause 6 (a) for a licensee’s first failure to comply with an order made under section 155 of the Act, subsection (8) applies with necessary modifications, and for that purpose, the first failure is deemed to be the licensee’s second failure to comply with the order. O. Reg. 246/22, s. 349 (9). (10) Where an inspector or the Director issues a notice of administrative penalty under clause 6 (c) for the failure to comply with subsection 23.1 (1) of this Regulation, the amount of the administrative penalty is $25,000. O. Reg. 66/23, s. 43 (2). (11) Where an inspector or the Director issues a notice of administrative penalty under clause 6 (c) for a licensee’s second or subsequent failure to comply with subsection 23.1 (1) of this Regulation, resulting in an order being made under section 155 of the Act, the amount of the administrative penalty is, (a)  for the second failure, $50,000; (b)  for the third failure, $75,000; (c)  for the fourth failure, $100,000; and (d)  for each subsequent failure, $125,000. O. Reg. 66/23, s. 43 (2). Table Item   Column 1   Requirement under the Act   Column 2   Description of failure to comply   Column 3   Amount of administrative penalty, in dollars 

  1.   Act, s. 3 (1)   Residents’ Bill of Rights   5,500 

  2.   Act, s. 11 (1)   Nursing and personal support services   5,500 

  3.   Act, s. 11 (3)   24-hour nursing care   5,500 

  4.   Act, s. 15   Dietary services and hydration   5,500 

  5.   Act, s. 23   Infection prevention and control program   5,500 

  6.   Act, s. 24   Duty to protect   5,500 

  7.   Act, s. 25   Policy to promote zero tolerance   5,500 

  8.   Act, s. 27   Licensee must investigate, respond and act   5,500 

  9.   Act, s. 28   Reporting certain matters to Director   5,500 

  10.   Act, s. 33   Policy to minimize restraining of residents, etc.   5,500 

  11.   Act, s. 34 (1)   Protection from certain restraining   5,500 

  12.   Act, s. 35   Restraining by physical devices   5,500 

  13.   Act, s. 76   Administrator   11,000 

  14.   Act, s. 77   Director of Nursing and Personal Care   11,000 

  15.   Act, s. 78   Medical Director   11,000 

  16.   This Regulation, s. 12   Doors in a home   5,500 

  17.   This Regulation, s. 18   Bed rails   5,500 

  18.   This Regulation, s. 19   Windows   5,500 

  19.   This Regulation, s. 35 (2)   Nursing and personal support services   5,500 

  20.   This Regulation, s. 35 (3)   Nursing and personal support services, staffing plan   5,500 

  21.   This Regulation, s. 53   Required programs   5,500 

  22.   This Regulation, s. 54   Falls prevention and management   5,500 

  23.   This Regulation, s. 55   Skin and wound care   5,500 

  24.   This Regulation, s. 56   Continence care and bowel management   5,500 

  25.   This Regulation, s. 57   Pain management   5,500 

  26.   This Regulation, s. 58   Responsive behaviours   5,500 

  27.   This Regulation, s. 74   Nutritional care and hydration programs   5,500 

  28.   This Regulation, s. 75   Weight changes   5,500 

  29.   This Regulation, s. 80   Registered dietitian   5,500 

  30.   This Regulation, s. 81   Nutrition manager   5,500 

  31.   This Regulation, s. 97   Hazardous substances   5,500 

  32.   This Regulation, s. 102   Infection prevention and control program   5,500 

  33.   This Regulation, s. 105   Police notification   5,500 

  34.   This Regulation, s. 115   Reports re critical incidents   5,500 

  35.   This Regulation, s. 119   Requirements relating to restraining by a physical device   5,500 

  36.   This Regulation, s. 121   Prohibited devices that limit movement   5,500 

  37.   This Regulation, s.138 (1)   Safe storage of drugs   5,500 

  38.   This Regulation, s.140   Administration of drugs   5,500 

  39.   This Regulation, s.147   Medication incidents and adverse drug reactions   5,500 

  40.   This Regulation, s. 249 (1)   Administrator   11,000 

  41.   This Regulation, s. 249 (3)   Administrator, qualifications   11,000 

  42.   This Regulation, s. 249 (4)   Administrator, qualifications exception   11,000 

  43.   This Regulation, s. 249 (5)   Administrator, program enrolment   11,000 

  44.   This Regulation, s. 250 (1)   Director of Nursing and Personal Care   11,000 

  45.   This Regulation, s. 250 (3)   Director of Nursing and Personal Care, qualifications   11,000 

  46.   This Regulation, s. 250 (4)   Director of Nursing and Personal Care, qualifications exception   11,000 

  47.   This Regulation, s. 268   Emergency plans   5,500 

  48.   Any requirement under the Act or under this Regulation not otherwise provided for in this Table.   Failure to comply with any other requirement under the Act or under this Regulation   1,100 O. Reg. 246/22, s. 349, Table; O. Reg. 66/23, s. 44