jswizzle3737/ontario_laws_and_regs huggingface dataset:
Annual reports
 239. (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.  O. Reg. 79/10, s. 239 (1). (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 or Minister of under section 108 of the Act, but did not. 3. Anything that the licensee was required to have previously notified the Director or Minister of under subsection 276 (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.  O. Reg. 79/10, s. 239 (2). (3) Subsection (1) does not apply until the calendar year after the calendar year in which this section comes into force.  O. Reg. 79/10, s. 239 (3).
Reports re key personnel
 240. 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.  O. Reg. 79/10, s. 240. Trust Accounts
Transitional, trust accounts
 242. (1) A licensee is not required to comply with subsection 241 (1), clause 241 (4) (a) or subsection 241 (12) until six months after the coming into force of this section.  O. Reg. 79/10, s. 242 (1). (2) A licensee who complies with a provision mentioned in subsection (1) before the day provided for in subsection (1) shall promptly notify the Director, and the provision applies to the licensee from the time the Director is notified.  O. Reg. 79/10, s. 242 (2). (3) The applicable rules in the regulations under the Nursing Homes Act, the Charitable Institutions Act or the Homes for the Aged and Rest Homes Act concerning trust funds continue to apply to the licensee until the earlier of the day provided for in subsection (1) and the day that section 241 applies under subsection (2).  O. Reg. 79/10, s. 242 (3). (4) Where, immediately before the day this Regulation came into force, a licensee of a long-term care home was retaining records under section 103 of Regulation 832 of the Revised Regulations of Ontario, 1990 (General) made under the Nursing Homes Act, section 53 of Regulation 637 of the Revised Regulations of Ontario, 1990 (General) made under the Homes for the Aged and Rest Homes Act or section 33 of Regulation 69 of the Revised Regulations of Ontario, 1990 (General) made under the Charitable Institutions Act, clause 241 (7) (g) applies with respect to the records.  O. Reg. 79/10, s. 242 (4). (5) Where, immediately before the day this Regulation came into force, a licensee was maintaining trust accounts under a regulation referred to in subsection (4), the audit required under subsection 241 (10) shall cover the entire period for which an audit had not yet been conducted as required under the applicable provisions of those regulations.  O. Reg. 79/10, s. 242 (5). (6) For greater clarity, municipalities that are holding and administering the real or personal property of a resident pursuant to an agreement approved by the Director under section 11 of the Homes for the Aged and Rest Homes Act, other than funds held in a trust account, may continue to hold that property for no more than six months after the coming into force of this section.  O. Reg. 79/10, s. 242 (6). PART VI   FUNDING Reconciliation and Recovery
PART VI FUNDING
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Reconciliation and recovery
 243. (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.  O. Reg. 79/10, s. 243 (1). (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.  O. Reg. 79/10, s. 243 (2). (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 VIII of the Act, by the municipal auditor who audits the books of account and ledgers of the home.  O. Reg. 79/10, s. 243 (3). (4) The Minister may dispense with the requirement to submit a reconciliation report under clause (1) (a).  O. Reg. 79/10, s. 243 (4). (5) The first reconciliation report under clause (1) (a) shall be submitted in 2011 for the 2010 calendar year.  O. Reg. 79/10, s. 243 (5). (6) If the funding paid to the licensee by the Minister under subsection 90 (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. O. Reg. 205/21, s. 9. (7) If the funding paid to a licensee by the Minister under subsection 90 (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. O. Reg. 205/21, s. 9. (8) 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.  O. Reg. 79/10, s. 243 (8). 244. Revoked: O. Reg. 205/21, s. 10. Non-Allowable Resident Charges
Non-allowable resident charges
 245. The following charges are prohibited for the purposes of paragraph 4 of subsection 91 (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. a local health integration network under section 19 of the Local Health System Integration Act, 2006 or the Agency under section 21 of the Connecting Care Act, 2019 including goods and services funded by a local health integration network or the Agency under a service accountability agreement, and ii. the Minister under section 90 of the Act. 2. Charges for goods and services paid for by the Government of Canada, the Government of Ontario, including a local health integration network or 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 a local health integration network or 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 91 (1) and (3) of the Act, to hold a bed for a resident during an absence contemplated under section 138 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 91 (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 241, 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.  O. Reg. 79/10, s. 245; O. Reg. 205/21, s. 11. Charges for Accommodation
Determination of payments
 246. The maximum amounts that may be charged by a licensee under paragraphs 1 and 2 of subsection 91 (1) of the Act shall be determined in accordance with sections 247 to 254.  O. Reg. 79/10, s. 246. 246.1 Revoked:  O. Reg. 306/11, s. 1.
Maximum amounts of payments
 247. (1) The maximum daily amount that may be charged by a licensee for providing a short-stay resident with accommodation is $38.72, subject to the annual adjustment described in section 247.5. O. Reg. 145/17, s. 1. (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 $59.82, subject to the annual adjustment described in section 247.5. O. Reg. 145/17, s. 1. (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. O. Reg. 145/17, s. 1. (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 $72.12, subject to the annual adjustment described in section 247.5. O. Reg. 145/17, s. 1. (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. O. Reg. 145/17, s. 1. (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 $85.45, subject to the annual adjustment described in section 247.5. O. Reg. 145/17, s. 1. (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. O. Reg. 145/17, s. 1.
Exceptions — pandemic
 247.4.1 (1) This section applies in respect of residents who are admitted to a long-term care home under section 208.2 on or after April 23, 2021 and before the day on which section 1 of Schedule 1 (Fixing Long-Term Care Act, 2021) to the Providing More Care, Protecting Seniors, and Building More Beds Act, 2021 comes into force. O. Reg. 860/21, s. 1. (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 is 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. O. Reg. 311/21, s. 1. Annual adjustment - Consumer Price Index
Annual adjustment - Consumer Price Index
 247.5 (1) This section applies to the following provisions: 1. Subsections 247 (1), (2), (4) and (6). 2. Subsections 247.1 (2) and (4). 3. Subsections 247.2 (2) and (4). 4. Subsections 247.3 (2) and (4). 5. Subsections 247.4 (2) and (4). 6. Paragraphs 1 and 2 of subsection 253 (10). O. Reg. 145/17, s. 6. Adjustment (2) Beginning on July 1, 2018, and on every July 1 thereafter, 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. O. Reg. 145/17, s. 6. Exceptions (2.1) The adjustments under subsection (2) that would otherwise have taken effect on July 1, 2020 and July 1, 2021 shall not take effect. O. Reg. 816/21, s. 1. Exception, 2022 (2.2) 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. O. Reg. 816/21, s. 1. Consumer Price Index (3) 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). O. Reg. 145/17, s. 6. Publication (4) The Minister may publish the adjusted amounts on a government website. O. Reg. 145/17, s. 6.
Term
 248. (1) In section 253, “term”, subject to subsections (2), (3), (4) and (5), 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.  O. Reg. 79/10, s. 248 (1); O. Reg. 108/12, s. 1 (1). (2) Revoked:  O. Reg. 108/12, s. 1 (2). (3) 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.  O. Reg. 79/10, s. 248 (3). (4) The Director shall not change the start of the term to a time, (a) before this section came into force; or (b) that is more than one year before the date the completed application was submitted.  O. Reg. 79/10, s. 248 (4). (5) A term does not end if the resident transfers to basic accommodation in another long-term care home during the term.  O. Reg. 79/10, s. 248 (5).
Private policy of insurance
 250. In sections 249 and 253, “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.  O. Reg. 79/10, s. 250; O. Reg. 108/12, s. 3.
Dependant
 251. (1) In section 253, 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.  O. Reg. 79/10, s. 251 (1). (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.  O. Reg. 79/10, s. 251 (2). (3) A spouse who is eligible to receive a pension under Part I of the Old Age Security Act (Canada) is not a dependant.  O. Reg. 79/10, s. 251 (3). (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.  O. Reg. 108/12, s. 4. (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.  O. Reg. 79/10, s. 251 (5).
Dependant annual net income
 252. In section 253, 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) shall be 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.  O. Reg. 79/10, s. 252.
Restriction, interest charges
 254. Where a resident has applied for a reduction under section 253, 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.  O. Reg. 79/10, s. 254.
Resident in interim bed
 255. A resident in an interim bed is deemed to be a long-stay resident for the purposes of sections 247 to 254.  O. Reg. 79/10, s. 255.
Payment for first and last day
 256. (1) A long-stay resident shall pay the amount charged for accommodation under either paragraph 1 or 2 of subsection 91 (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.  O. Reg. 79/10, s. 256 (1). (2) Despite subsection (1), a long-stay resident shall not pay the amount charged for accommodation under either paragraph 1 or 2 of subsection 91 (1) 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.  O. Reg. 79/10, s. 256 (2). (3) A short-stay resident shall pay the amount charged for accommodation under either paragraph 1 or 2 of subsection 91 (1) 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 91 (1) of the Act for the day the resident is discharged from the home.  O. Reg. 79/10, s. 256 (3).
Payment for day following discharge
 257. 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 him or her for accommodation for the day following the day of discharge had he or she been a long-stay resident living in the room on that day.  O. Reg. 79/10, s. 257.
Responsibility for payment during absence
 258. During an absence contemplated by section 138, 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.  O. Reg. 79/10, s. 258.
Notice of accommodation charge increase
 259. (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.  O. Reg. 79/10, s. 259 (1). (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.  O. Reg. 79/10, s. 259 (2). (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 253 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.  O. Reg. 79/10, s. 259 (3). Preferred Accommodation
Preferred accommodation maximum
 260. 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.  O. Reg. 79/10, s. 260. Statements
Statements
 261. (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.  O. Reg. 79/10, s. 261 (1). (2) For greater certainty, subsection (1) applies with respect to the month in which a resident is discharged.  O. Reg. 79/10, s. 261 (2). Accounts and Records
Licensee to retain records
 262. For the purposes of section 92 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, a local health integration network 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 VIII 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 243, (ii) a local health integration network in regulations under the Local Health System Integration Act, 2006, regardless of whether or not those regulations are currently in force, or (iii) the Agency in regulations under the Connecting Care Act, 2019; (c) any financial report requested by the Director under section 88 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 90 of the Act and any service accountability agreement required by section 20 of the Local Health System Integration Act, 2006 or 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 253 (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. O. Reg. 205/21, s. 12.
Requirements for records
 263. For the purposes of section 92 of the Act, every licensee of a long-term care home shall ensure that a record required to be kept under this Part 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 262 (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.  O. Reg. 79/10, s. 263.
Transitional, records
 264. Where, immediately before the day this section came into force, a licensee of a long-term care home was retaining records under subsection 104 (3) of Regulation 832 of the Revised Regulations of Ontario, 1990 (General) made under the Nursing Homes Act, subsection 23 (3) of Regulation 637 of the Revised Regulations of Ontario, 1990 (General) made under the Homes for the Aged and Rest Homes Act or subsection 30 (4) of Regulation 69 of the Revised Regulations of Ontario, 1990 (General) made under the Charitable Institutions Act, section 263 applies with respect to the records.  O. Reg. 79/10, s. 264. Non-Arm’s Length Transactions
Non-Arm’s Length Transactions
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Non-arm’s length transactions
 265. (1) For the purposes of section 93 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 within the meaning of subsection 2 (4) of the Act.  O. Reg. 79/10, s. 265 (1). (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.  O. Reg. 79/10, s. 265 (2). (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.  O. Reg. 79/10, s. 265 (3). (4) A licensee shall apply to the Director for the written approval under subsection (3) in the form and manner acceptable to the Director.  O. Reg. 79/10, s. 265 (4). (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.  O. Reg. 79/10, s. 265 (5). (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.  O. Reg. 79/10, s. 265 (6). (7) Subsections (5) and (6) apply whether or not the agreement or transaction took place before this section came into force.  O. Reg. 79/10, s. 265 (7). (8) This section does not apply to the agreement with the Medical Director required under section 214.  O. Reg. 79/10, s. 265 (8). PART VII   LICENSING
PART VII LICENSING
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Definition
 266. In this Part, “security interest” has the same meaning as in section 107 of the Act.  O. Reg. 79/10, s. 266.
Premises that do not require licence
 267. Subsection 95 (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, through the Ministry; or (d) a retirement home.  O. Reg. 79/10, ss. 267, 334 (2). Note: On May 1, 2022, the day section 3 of Schedule 1 to the Connecting People to Home and Community Care Act, 2020 comes into force, section 267 of the Regulation is amended by striking out “or” at the end of clause (c), by adding “or” at the end of clause (d) and by adding the following clause: (See: O. Reg. 194/22, s. 3) (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. 268. Revoked: O. Reg. 205/21, s. 13.
Non-profit and for-profit
 269. 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 VIII 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. O. Reg. 79/10, s. 269; O. Reg. 841/21, s. 1.
Limits on eligibility for licence
 270. For the purposes of clause 98 (1) (e) 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.  O. Reg. 79/10, s. 270.
Non-profit to for-profit circumstances
 271. For the purposes of subsection 105 (9) 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.  O. Reg. 79/10, s. 271.
Limits on share transfers: non-profit subsidiaries
 272. (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 269 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.  O. Reg. 79/10, s. 272 (1). (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.  O. Reg. 79/10, s. 272 (2). 273. Revoked. O. Reg. 264/19, s. 3.
Person with security interest operating home through management contract
 274. (1) A long-term care home may not be managed under a contract provided for in subsection 107 (1) of the Act without the approval of the Director under section 110 of the Act.  O. Reg. 79/10, s. 274 (1). (2) Subject to subsection (3), a long-term care home may not be managed under a contract provided for in subsection 107 (1) of the Act for more than one year, unless the person exercising the security interest receives the same approval from the Director that would be required if the licence were being transferred to the person under section 105 of the Act.  O. Reg. 79/10, s. 274 (2). (3) The Director may extend the one-year period provided for in subsection (2).  O. Reg. 79/10, s. 274 (3).
Approval of gaining controlling interest
 275. The approval that is required under subsection 109 (1) of the Act when a person gains a controlling interest in a licensee must be obtained before the controlling interest is gained.  O. Reg. 79/10, s. 275.
Requirements for management contracts
 276. (1) A contract described in subsection 110 (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 shall be deemed to be a material amendment to the contract that requires the Director’s approval under subsection 110 (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 110 (5) of the Act at any time without liability.  O. Reg. 79/10, s. 276 (1). (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.  O. Reg. 79/10, s. 276 (2). (3) For greater clarity, if the approval of the Director is required under subsection 110 (6) of the Act for the amendment of a management contract, (a) paragraph 1 of subsection 110 (4) of the Act applies with respect to approving the amendment; and (b) paragraph 2 of subsection 110 (4) of the Act does not apply unless the amendment is a deemed amendment under clause (1) (b).  O. Reg. 79/10, s. 276 (3).
Temporary licences and temporary emergency licences — exemptions
 277. (1) For the purposes of sections 111 and 112 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 114 (2) (b). 2. Subsection 114 (3). 3. Subsection 114 (4).  O. Reg. 79/10, s. 277 (1). (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.  O. Reg. 79/10, s. 277 (2); O. Reg. 264/19, s. 4. (3) Subject to subsections (4), (5) and (7), the Director may stipulate, as a condition under subsection 101 (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.  O. Reg. 79/10, s. 277 (3). (4) The Director may make a stipulation under subsection (3) only if the licence is a temporary licence under clause 111 (1) (a) of the Act or a temporary emergency licence under clause 112 (1) (a) of the Act.  O. Reg. 79/10, s. 277 (4). (5) If the home was a long-term care home immediately before the effective date of the temporary licence or temporary emergency licence, the Director may make a stipulation under subsection (3) only if such a stipulation applied with respect to another licence that applied to the home before that effective date.  O. Reg. 79/10, s. 277 (5). (6) 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.  O. Reg. 79/10, s. 277 (6). (7) 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 that does not exceed six months; or (b) for the full term of the licence, but only if the licence is for a term of no more than one year.  O. Reg. 79/10, s. 277 (7). 278., 279. Revoked: O. Reg. 264/19, s. 5.
Amendments with consent
 280. A licence may be amended under subsection 114 (1) of the Act only if the Director approves the amendment.  O. Reg. 79/10, s. 280.
Licence with beds of different terms
 281. 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 his or her power under clause 104 (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 114 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. 4. If the licensee transfers beds subject to longer terms so that the term of the licence is shortened, the last possible date for the Director to give the notice or undertaking under subsection 103 (1) of the Act is the later of the following: i. The day that would have been the last possible date before the transfer. ii. The day that is one year after the transfer.  O. Reg. 79/10, s. 281. PART VIII   MUNICIPAL HOMES AND FIRST NATIONS HOMES Part VIII Homes
PART VIII MUNICIPAL HOMES AND FIRST NATIONS HOMES
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Part VIII Homes
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Definition
 282. In this Part, “Part VIII home” means a municipal home, joint home or First Nations home approved under Part VIII of the Act.  O. Reg. 79/10, s. 282.
Application of Act to Part VIII homes
 283. The following clarifications are made respecting the application of the Act to Part VIII of the Act: 1. Sections 97 and 98 of the Act do not apply to subsection 100 (1) of the Act as it applies to Part VIII homes. 2. Sections 97 and 98 of the Act apply where, under paragraph 2 of subsection 110 (4) of the Act, a municipality or board of management contracts someone else to manage a Part VIII home. 3. Section 97 of the Act does not apply to Part VIII homes by virtue of paragraph 2 of subsection 114 (4) of the Act. 4. A temporary emergency licence under section 112 of the Act may be issued to a municipality or a board of management, and such a licence may be revoked under section 157 of the Act. 5. If a temporary licence or temporary emergency licence is issued under clause 111 (1) (a) or 112 (1) (a) of the Act and the licence is issued to, i. a municipality, sections 132 to 134 of the Act apply with respect to the home operated under the licence, ii. a board of management under section 125 of the Act, sections 133 and 134 of the Act apply with respect to the home operated under the licence, or iii. a board of management under section 129 of the Act, section 133 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 VII of the Act applies with respect to the licence, subject to the following: i. the municipality or board of management is exempt from subsections 108 (1) and (2) of the Act, ii. the municipality or board of management is exempt from subsection 108 (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 109 of the Act.  O. Reg. 79/10, s. 283.
Composition of committees of management
 284. A committee of management appointed under section 132 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.  O. Reg. 79/10, s. 284.
Application of Part VII of Regulation
 285. The following modifications to Part VII of this Regulation are made with respect to Part VIII homes: 1. In subsection 276 (2) and section 280, “licence” shall be read as “approval” and “Director” shall be read as “Minister”.  O. Reg. 79/10, s. 285; O. Reg. 264/19, s. 6. Territorial District Homes
Application and interpretation
 286. (1) Sections 287 to 297 apply with respect to homes under section 125 of the Act.  O. Reg. 79/10, s. 286 (1). (2) In sections 287 to 297, “board” means a board of management described in Schedules 1 to 7 to this Regulation; (“conseil”) “supporting municipality” has the same meaning as in subsection 128 (5) of the Act. (“municipalité participante”)  O. Reg. 79/10, s. 286 (2).
Dissolution
 286.1 The Board of Management for the District of Algoma is dissolved. O. Reg. 89/16, s. 4.
Objects
 287. The objects of a board are to operate and maintain one or more municipal homes.  O. Reg. 79/10, s. 287.
Established as corporation
 288. (1) Every board is a corporation.  O. Reg. 79/10, s. 288 (1). (2) Subsection 91 (1) of the Not-for-Profit Corporations Act, 2010
applies with respect to a board. O. Reg. 79/10, s. 288 (2); O. Reg. 841/21, s. 2.
Rights, powers, etc.
 289. (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).  O. Reg. 79/10, s. 289 (1). (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.  O. Reg. 79/10, s. 289 (2). (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.  O. Reg. 79/10, s. 289 (3); O. Reg. 46/18, s. 1.
Requirements for members
 290. (1) An individual is qualified to be a member of a board if he or she, (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.  O. Reg. 79/10, s. 290 (1). (2) An individual ceases to be a member if he or she, (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).  O. Reg. 79/10, s. 290 (2).
Membership —- general
 291. (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 of this Regulation.  O. Reg. 79/10, s. 291 (1). (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.  O. Reg. 79/10, s. 291 (2). (3) A member shall be appointed for a term not exceeding four years.  O. Reg. 79/10, s. 291 (3). (4) A member may be reappointed.  O. Reg. 79/10, s. 291 (4).
Quorum
 292. A majority of members constitutes a quorum for a board.  O. Reg. 79/10, s. 292.
Chair
 293. (1) Each board shall, at its first meeting in each year, appoint one of its members as chair.  O. Reg. 79/10, s. 293 (1). (2) A member’s term as chair ends at the first meeting of the board in the next year.  O. Reg. 79/10, s. 293 (2). (3) The chair may be reappointed.  O. Reg. 79/10, s. 293 (3). (4) No member shall serve as chair for more than four consecutive terms.  O. Reg. 79/10, s. 293 (4). (5) Despite subsection (2), the chair ceases to be chair if he or she ceases to be a member.  O. Reg. 79/10, s. 293 (5). (6) If the office of chair becomes vacant, the board shall appoint another member as chair.  O. Reg. 79/10, s. 293 (6).
Notice
 294. (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.  O. Reg. 79/10, s. 294 (1). (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.  O. Reg. 79/10, s. 294 (2).