Transitional, compliance and enforcement
 302. (1) Except as otherwise provided in this section and despite anything else in the Act, Part IX of the Act and this Part apply with respect to a failure to comply with a requirement under a previous Act before the coming into force of this section.  O. Reg. 79/10, s. 302 (1). (2) Despite subsection (1), an order may not be made under section 153 or 154 of the Act with respect to a failure to comply with a requirement under a previous Act before the coming into force of this section.  O. Reg. 79/10, s. 302 (2). (3) Despite subsection (1), the Director may not make an order under section 155 of the Act with respect to a failure to comply with a requirement under a previous Act before the coming into force of this section, if action had already been taken under subsection 20.13 (3) of the Nursing Homes Act, subsection 9 (3) of the Charitable Institutions Act
or subsection 28 (3) of the Homes for the Aged and Rest Homes Act in respect of the same failure to comply.  O. Reg. 79/10, s. 302 (3). (4) Despite anything else in the Act, where a licence has been deemed to be replaced under section 187 of the Act, the Director may make an order under section 157 of the Act with respect to the licence, (a) for any reason provided for in section 157 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 a previous Act; and (b) for any reason for which the licensee’s licence or approval, as the case may be, could have been revoked under the Nursing Homes Act, the Charitable Institutions Act or the Health Facilities Special Orders Act.  O. Reg. 79/10, s. 302 (4). (5) Where, immediately before the day this section came into force, there was a direction in effect under one of the following provisions for the placement co-ordinator to cease authorizing admissions to a home, that direction continues until the 30th day after the direction was made: 1. Subsection 20.1 (17) of the Nursing Homes Act. 2. Subsection 9.6 (17) of the Charitable Institutions Act. 3. Subsection 18 (17) of the Homes for the Aged and Rest Homes Act.  O. Reg. 79/10, s. 302 (5). (6) Where, immediately before the day this section came into force, a provisional suspension of an approval was in effect under subsection 11 (6) of the Charitable Institutions Act, the suspension ends on the earlier of the following: 1. 60 days from the day this section comes into force. 2. The date the Minister decides.  O. Reg. 79/10, s. 302 (6). (7) Where, immediately before the day this section came into force, the Minister had control of and was operating a charitable home for the aged under section 11.1 of the Charitable Institutions Act, the Minister shall cease occupying that home on the earlier of the following: 1. One year from the date of occupation. 2. 90 days from the day this section comes into force. 3. The date the Minister decides.  O. Reg. 79/10, s. 302 (7). (8) Where, immediately before the day this section came into force, there was a written order by the Minister under section 3, 4 or 7 of the Health Facilities Special Orders Act in effect with respect to a home, the order terminates on the earlier of the following, as applicable: 1. In respect of an order under section 7 of that Act, six months from the day the order was issued. 2. In respect of an order under section 7 of that Act, the end of the term determined pursuant to subsection 7 (5) of that Act. 3. 90 days from the day this section comes into force. 4. The date the Minister decides.  O. Reg. 79/10, s. 302 (8). (9) Where, immediately before the day this section came into force, the Minister had control of and was operating a home under section 30.12, 30.13 or 30.14 of the Homes for the Aged and Rest Homes Act, the Minister shall cease controlling the home on the earlier of the following: 1. One year from the day the Minister took control of the home. 2. 90 days from the day this section comes into force. 3. The date the Minister decides.  O. Reg. 79/10, s. 302 (9). (10) When deciding whether to take control of a municipal home or joint home under section 137 or 138 of the Act, the Director may consider the licensee’s failure to comply with requirements in the Homes for the Aged and Rest Homes Act, the regulations under that Act and a service agreement required under that Act that arose before this section came into force.  O. Reg. 79/10, s. 302 (10). (11) The requirement under section 143 of the Act that a long-term care home shall be inspected at least once a year shall be considered to have been met with respect to the 2010 and 2011 calendar years if the home is inspected at least once on or after the day this section comes into force and before January 1, 2012.  O. Reg. 79/10, s. 302 (11). (12) In this section, “requirement under a previous Act” means a requirement contained in the Nursing Homes Act, the
Charitable Institutions Act or the Homes for the Aged and Rest Homes Act, in the regulations under one of those Acts, or in an order or agreement made under one of those Acts, or the Health Facilities Special Orders Act, and includes a condition of a licence or an approval and a condition to which funding was subject under one of those Acts.  O. Reg. 79/10, s. 302 (12). PART X   ADMINISTRATION, MISCELLANEOUS AND TRANSITION Service and Notice