jswizzle3737/ontario_laws_and_regs huggingface dataset:
Medical and Related Services
26. (1) In this section and in section 28, “attending physician” means a legally qualified medical practitioner other than the medical director. R.R.O. 1990, Reg. 637, s. 26 (1); O. Reg. 372/94, s. 12 (1, 2). (2) All medical and paramedical services, programs, procedures and medications provided or used in a home are subject to the approval of the medical director. R.R.O. 1990, Reg. 637, s. 26 (2). (3) At least once a year, or at such other more frequent intervals as the board or committee of management of a home or the council of the band requires, the medical director shall submit to the board or committee or the council of the band, as the case may be, and to the Director, a report summarizing the general health conditions of the residents, the medical, nursing, activational and other therapeutic services provided to them and shall include in the report any recommendations that he or she considers necessary to ensure proper conditions of health and an adequate state of well-being for all residents. R.R.O. 1990, Reg. 637, s. 26 (3). (4) Revoked: O. Reg. 335/04, s. 3. (5)-(7) Revoked: O. Reg. 372/94, s. 12 (4). (8) At least once a year, each resident shall be given a complete physical examination by the attending physician, the medical director or a registered nurse in the extended class. O. Reg. 60/03, s. 4 (2). (9)-(11) Revoked: O. Reg. 372/94, s. 12 (4). (12) Where the medical director, the attending physician or a registered nurse in the extended class directs, a resident of a home shall be given a special diet. O. Reg. 60/03, s. 4 (3).
Medical and Related Services
27. Revoked: O. Reg. 372/94, s. 13.
Medical and Related Services
28. (1) A resident, or the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care, may retain an attending physician to attend the resident and provide the resident with medical care. O. Reg. 60/03, s. 5. (2) A resident, or the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care, may retain a registered nurse in the extended class to attend the resident and provide the resident with care. O. Reg. 60/03, s. 5. (3) The registered nurse in the extended class retained under subsection (2) shall comply with the “Standards for Consultation with Physicians by RN(EC)s” including “Collaboration” set out in the publication of the College of Nurses of Ontario entitled “Standards of Practice for Registered Nurses who hold an extended class certificate of registration” as amended from time to time. O. Reg. 60/03, s. 5. (4) The medical director shall attend and prescribe medication or medical care for any resident of the home who has no attending physician of his or her own or who requests that the services of the medical director be made available. O. Reg. 60/03, s. 5.
Medical and Related Services
28.1 (1) The municipality, municipalities or board maintaining and operating a home shall ensure that each person who is admitted to the home as a resident is given a skin test for tuberculosis unless, (a) the person was given the skin test in a home, a nursing home under the Nursing Homes Act or an approved charitable home for the aged under the Charitable Institutions Act less than one year before the date of admission; or (b) the test is medically contra-indicated. O. Reg. 372/94, s. 14. (2) The municipality, municipalities or board shall ensure that the test required under subsection (1) is given, (a) within 14 days after the person’s admission, if the person is admitted for a period of at least 14 days; or (b) within the period for which the person is admitted, if the person is admitted for a period of less than 14 days. O. Reg. 372/94, s. 14.
Medical and Related Services
28.2 If the Ministry of Health gives the municipality, municipalities or board maintaining and operating a home a surveillance protocol for a particular communicable disease, the municipality, municipalities or board, as the case may be, shall implement the protocol. O. Reg. 372/94, s. 14.
Medical and Related Services
29. (1) Revoked: O. Reg. 372/94, s. 15. (2) Revoked: O. Reg. 371/93, s. 13 (2). Manner of Computing the Proportion of the Cost of Construction Allocated to Unorganized Parts of Districts
Manner of Computing the Proportion of the Cost of Construction Allocated to Unorganized Parts of Districts
30. (1) Under subsection 25 (2) of the Act, the proportion of the cost of construction of a home in a territorial district that shall be allocated to the unorganized portions of the district shall be in the same proportion as the assessment allowance for the unorganized portions of the district as determined under subsection (2) bears to the total assessment referable to the entire district as determined under subsection (3). R.R.O. 1990, Reg. 637, s. 30 (1). (2) The assessment allowance for the unorganized portions of the district shall be determined by multiplying the per capita assessment for the organized municipalities in the district by the population of the unorganized portions of the district, according to the last published census of Canada. R.R.O. 1990, Reg. 637, s. 30 (2). (3) The total assessment referable to the entire district shall be determined by adding the assessment allowance for the unorganized portions of the district as determined under subsection (2) to the total assessment for the organized municipalities in the district. R.R.O. 1990, Reg. 637, s. 30 (3). (4) For the purpose of this section, the assessment for an organized municipality shall be the assessment as shown on the last revised assessment rolls as equalized. R.R.O. 1990, Reg. 637, s. 30 (4).
Manner of Computing the Proportion of the Cost of Construction Allocated to Unorganized Parts of Districts
31. Under subsection 27 (2) of the Act, the proportion of the capital expenditure of a home in a territorial district that shall be allocated to the unorganized parts of the district shall equal the proportion last allocated to those parts in accordance with the determination made under section 30 in respect of the cost of construction. R.R.O. 1990, Reg. 637, s. 31. Classification
Classification
32. (1) The Minister shall ensure that in each year the residents of each home undergo a classification process that includes the following steps: 1. The completion, by a person appointed by the Director, of a resident classification form for each resident of a home who, on the day on which completion of resident classification forms for residents of the home is begun, is a long-stay resident of the home for whom a plan of care has been developed. 2. Based on information taken from the completed resident classification forms, the classification of each resident for whom such a form was completed into one of seven categories, named A through G, each successive category representing a higher level of nursing and other personal care requirements than the preceding category. O. Reg. 371/93, s. 14. (2) Subsection (1) does not apply to a home in which less than half the number of beds agreed to be operated in the service agreement relating to the home are occupied on the day on which completion of resident classification forms for residents of the home is about to begin. O. Reg. 371/93, s. 14. Payments under Subsection 28 (1) of the Act
Payments under Subsection 28 (1) of the Act
33. (1) For 1996 and following years, the amount payable in respect of a home under subsection 28 (1) of the Act for a particular year shall be determined in accordance with, (a) the subsidy calculation worksheet for the year; (b) the semi-annual reports required to be given to the Minister under section 38 in respect of the year; and (c) the year-end report and auditor’s report required to be given to the Minister under section 39 in respect of the year. O. Reg. 342/96, s. 3. (2) The amount payable in respect of a home for a particular year pursuant to the subsidy calculation worksheet for the year shall be paid in monthly instalments or in such other instalments as the parties to the service agreement relating to the home agree to in the service agreement. O. Reg. 342/96, s. 3.
Payments under Subsection 28 (1) of the Act
34.-37. Revoked: O. Reg. 342/96, s. 3. Reconciliation
Reconciliation
38. (1) Forthwith after the first six months and the last six months of each year, the municipality, municipalities or board that maintained and operated a home during the year shall give to the Minister a semi-annual report for the home. O. Reg. 342/96, s. 4. (2) For the six-month period ending June 30, 1998 and the six-month period ending December 31, 1998, the semi-annual report shall be made on and in accordance with the document published by the Ministry of Health titled “Long-Term Care Facility Semi-Annual Report” and dated December 31, 1998. O. Reg. 182/01, s. 2 (1). (2.1) For the six-month period ending June 30, 1999 and for each subsequent six-month period, the semi-annual report shall be made on and in accordance with the semi-annual report form approved by the Minister. O. Reg. 182/01, s. 2 (2). (3) If the amount paid in respect of a home for the first six months of a year pursuant to the subsidy calculation worksheet for the year exceeds the estimated provincial subsidy for the six-month period, as determined in accordance with the semi-annual report for the period, the Minister may deduct the excess from subsequent payments to the municipality, municipalities or board, as the case may be. O. Reg. 342/96, s. 4. (4) Revoked: O. Reg. 42/98, s. 2 (2).
Preferred Accommodation Maximum
39.0.1 The municipality, municipalities or board maintaining and operating a home shall ensure that no more than 60 per cent of the bed capacity of the home is set aside as preferred accommodation. O. Reg. 372/94, s. 16. Resident Payments
Resident Payments
39.1 The maximum amounts that may be demanded or accepted under clauses 30.1 (1) (a) and (b) of the Act by or on behalf of the municipality, municipalities or board maintaining and operating a home shall be determined in accordance with sections 39.2 to 39.7. O. Reg. 315/94, s. 1.
Resident Payments
39.2 (1) The maximum daily amount that may be demanded or accepted for providing a short-stay resident with accommodation during a period in Column 1 of Table 3 is the amount in Column 2 of Table 3 set out opposite the period. O. Reg. 180/95, s. 7. (2) The maximum monthly amount that may be demanded or accepted for providing a long-stay resident with basic accommodation for a full month during a period in Column 1 of Table 3 is the amount in Column 3 of Table 3 set out opposite the period. O. Reg. 180/95, s. 7; O. Reg. 193/95, s. 1 (1). (3) The maximum daily amount that may be demanded or accepted for providing a long-stay resident with basic accommodation for less than a full month during a period in Column 1 of Table 3 is the amount in Column 4 of Table 3 set out opposite the period. O. Reg. 180/95, s. 7; O. Reg. 193/95, s. 1 (2). (4) The maximum monthly amount that may be demanded or accepted for providing a long-stay resident with semi-private accommodation for a full month during a period in Column 1 of Table 3 is the amount in Column 5 of Table 3 set out opposite the period. O. Reg. 180/95, s. 7. (5) The maximum daily amount that may be demanded or accepted for providing a long-stay resident with semi-private accommodation for less than a full month during a period in Column 1 of Table 3 is the amount in Column 6 of Table 3 set out opposite the period. O. Reg. 180/95, s. 7. (6) The maximum monthly amount that may be demanded or accepted for providing a long-stay resident with private accommodation for a full month during a period in Column 1 of Table 3 is the amount in Column 7 of Table 3 set out opposite the period. O. Reg. 180/95, s. 7. (7) The maximum daily amount that may be demanded or accepted for providing a long-stay resident with private accommodation for less than a full month during a period in Column 1 of Table 3 is the amount in Column 8 of Table 3 set out opposite the period. O. Reg. 180/95, s. 7.
Resident Payments
39.4 If a long-stay resident of a home who is on a medical absence or a psychiatric absence agrees in writing with the municipality, municipalities or board maintaining and operating the home to pay a bed-holding amount in accordance with section 45, the maximum amount that may be demanded or accepted by or on behalf of the municipality, municipalities or board, as the case may be, for providing the resident with accommodation shall be increased by the bed-holding amount the resident has agreed to pay. O. Reg. 371/93, s. 14; O. Reg. 237/94, s. 2.
Resident Payments
39.5 (1) For the purpose of sections 39.2 to 39.4, (a) each long-stay resident of a home shall be deemed to receive a full day of accommodation in the home on the day the resident is admitted to the home and on the day the resident is discharged from the home; (b) each short-stay resident of a home shall be deemed to receive a full day of accommodation in the home on the day the resident is admitted to the home and shall be deemed not to receive accommodation in the home on the day the resident is discharged from the home. O. Reg. 10/97, s. 7. (2) Despite clause (1) (a), a long-stay resident of a home shall be deemed not to receive accommodation in the home on the day the resident is discharged from the home, if the resident is admitted on the same day to another home, an approved charitable home for the aged under the Charitable Institutions Act or a nursing home under the Nursing Homes Act. O. Reg. 10/97, s. 7.
Resident Payments
39.6 For the purpose of sections 39.2 to 39.4, when a resident of a home is absent from the home but has not been discharged, the municipality, municipalities or board maintaining and operating the home shall be deemed to be providing the resident with the same class of accommodation that was provided to the resident immediately before the absence. O. Reg. 237/94, s. 3; O. Reg. 180/95, s. 9.
Resident Payments
39.7 (1) Before increasing the fee payable by a resident for accommodation, the municipality, municipalities or board maintaining and operating a home shall give the resident at least 30 days written notice of the proposal to increase the fee and the amount of the proposed increase. O. Reg. 315/94, s. 3. (2) An increase in the fee payable by a resident for accommodation is void if the municipality, each of the municipalities or the board maintaining and operating the home has not given the notice required by this section. O. Reg. 315/94, s. 3. (3) Subsections (1) and (2) do not apply to an increase in the basic accommodation fee payable by a resident who has been charged a reduced fee under section 39.3 or 39.3.1 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 period for which the original reduction was in effect. O. Reg. 315/94, s. 3; O. Reg. 193/95, s. 4. Payment for Day Following Discharge
Payment for Day Following Discharge
39.8 If, at the request of a person who has been discharged from a 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 of the discharge by the committee of management or the board, as the case may be, of the home, the committee of management or the board 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 lodged before being discharged, the municipality, municipalities or board maintaining and operating the home may charge the discharged person the amount that he or she would have been charged for accommodation for the day following the day of discharge had he or she been a long-stay resident lodged in the room on that day. O. Reg. 180/95, s. 10. Capital Expenditures
Capital Expenditures
40. (1) Expenditures incurred by a home for furnishings or equipment, or for repairs to or maintenance of a capital asset, that, (a) are approved by the Minister as capital expenditures; (b) are, in the opinion of the Minister, necessary for the efficient operation of the home and the cost of which is not excessive for the purpose; and (c) are in excess of $1,000, are a class of payment for which a grant may be paid under subsection 27 (1) of the Act. R.R.O. 1990, Reg. 637, s. 40 (1). (2) Where a home intends to make or makes application for a payment under this section, the Director shall conduct a capital budgetary review and report the results thereof to the Minister prior to the proposed expenditures being submitted to the Minister for approval. R.R.O. 1990, Reg. 637, s. 40 (2).
Capital Expenditures
41. For the purposes of sections 42 and 43, “actual cost” means the cost of a building project and includes, (a) fees payable for the services of an architect, professional engineer or other consultant, (b) the cost of purchasing and installing furnishings and equipment, (c) the cost of land surveys, soil tests, permits, licences and legal fees, (d) the cost of paving, sodding and landscaping, and (e) the cost of acquiring the land necessary for the building project; “approved cost” means that portion of the actual cost of a building project approved by the Minister; “architect” means an architect who is a member in good standing of the Ontario Association of Architects; “building project” means a project composed of one or more of the following elements, (a) the purchase or other acquisition of all or any part of an existing building or buildings including the land contiguous thereto, (b) any renovations, alterations or additions to an existing building or buildings, (c) the purchase or other acquisition of vacant land for the purpose of constructing a building or buildings thereon, (d) the erection of a new building, or any part thereof, (e) the demolition of a building, (f) the installation of public utilities, sewers and items or services necessary for access to the land or building or buildings; “capital grant” means a grant under subsection 27 (1) of the Act; “professional engineer” means a professional engineer who is a member in good standing of the Association of Professional Engineers of the Province of Ontario. R.R.O. 1990, Reg. 637, s. 41.
Capital Expenditures
42. (1) An application for a capital grant shall be made to the Minister on a form provided by the Minister. R.R.O. 1990, Reg. 637, s. 42 (1). (2) An applicant who applies under subsection (1) shall file with the Minister two copies of a site plan showing the location of the building or buildings, if any, on the site and, in the case of a building project with one or more of the elements referred to in clause (a), (b), (d) or (f) of the definition of “building project” in section 41, (a) building plans and specifications prepared by an architect or professional engineer showing the structure, fixtures and arrangements of the building or buildings and describing the areas of the building or buildings to be used for the purposes of the Act; or (b) where the Minister approves, structural sketches and specifications prepared by a person other than an architect or professional engineer describing the building or buildings and the areas of the building or buildings or contiguous to the building or buildings to be used for the purposes of the Act. R.R.O. 1990, Reg. 637, s. 42 (2). (3) No plan, specification or structural sketch filed with the Minister shall be amended or altered without the approval of the Minister. R.R.O. 1990, Reg. 637, s. 42 (3).
Capital Expenditures
43. (1) The payment of a capital grant for a building project shall be made after, (a) the building project has been approved by the Minister; and (b) the approved cost has been determined. R.R.O. 1990, Reg. 637, s. 43 (1). (2) An approval of a building project by the Minister referred to in subsection (1) expires on the first anniversary of the date upon which the approval is given unless the building project has been commenced before such anniversary date. R.R.O. 1990, Reg. 637, s. 43 (2). (3) A capital grant may be paid as a single payment or in two or more instalments and, except where the Minister directs otherwise, the aggregate of the amounts of the capital grant paid at any point in time shall not exceed, (a) an amount that bears the same proportion to the estimated total payment as the amount of progress made at the time towards completion of the project bears to the total estimated amount of work required for completion; or (b) an amount that bears the same proportion to the estimated total payment as the amount or cost incurred at the time bears to the total estimated cost of the project, whichever is the greater. R.R.O. 1990, Reg. 637, s. 43 (3). (4) A single payment, or in the case of payment in two or more instalments, the final payment of an amount payable for a building project shall be made after, (a) an architect or professional engineer certifies, or the Minister is otherwise satisfied, that the building project has been completed in accordance with the plans filed under clause 42 (2) (a) or the sketches thereof approved by the Minister under clause 42 (2) (b) and the building or addition is ready for use and occupancy; and (b) the applicant for the payment submits a report containing, (i) a statement of the actual cost of the building project, (ii) a statement indicating that all refundable sales tax has been taken into account, (iii) a statement indicating that the total amount of the unpaid accounts applicable to the building project does not exceed the amount of the grant remaining to be paid, and (iv) an undertaking that the amount of the grant remaining to be paid will be applied first to the payment of the unpaid accounts. R.R.O. 1990, Reg. 637, s. 43 (4).
Capital Expenditures
44. The board or the committee of management, as the case may be, of a home shall, if requested by the Minister, file with the Minister evidence that all or any part of a building or buildings used or to be used as a home complies with, (a) the laws affecting the health of inhabitants of the municipality in which the home is located; (b) any rule, regulation, direction or order of the local board of health and any direction or order of the medical officer of health; (c) any by-law of the municipality in which the home is located or other law for the protection of persons from fire hazards; (d) any zoning or property standards by-law passed by the municipality in which the home is located under the Planning Act or any predecessor thereof; (e) the requirements of the Building Code made under the Building Code Act, 1992; and (f) the requirements of the Electrical Safety Code made under the Electricity Act, 1998. R.R.O. 1990, Reg. 637, s. 44; O. Reg. 146/99, s. 1; O. Reg. 335/04, s. 4. Absences
Absences
45. (1) Subject to subsections 12.25 (2) and (3), if the requirements set out in subsection (2) are met, the committee of management or the board, as the case may be, of a home shall ensure that when a resident of the home returns from a medical absence or a casual absence and when a long-stay resident of the home returns from a psychiatric absence or a vacation absence, the resident receives the same class of accommodation, the same room, and the same bed in the room, that the resident had before the absence. O. Reg. 237/94, s. 4; O. Reg. 372/94, s. 17. (2) The requirements referred to in subsection (1) are, (a) in the case of a medical absence of a long-stay resident, (i) that the length of the medical absence does not exceed twenty-one days, or (ii) that the length of the medical absence exceeds twenty-one days but does not exceed fifty-one days and, before the end of the first twenty-one days of the medical absence, the resident agrees in writing with the municipality, municipalities or board maintaining and operating the home that, in addition to any other amounts the resident is required to pay, the resident will pay, for each day in excess of twenty-one that the resident is on the medical absence, the daily bed-holding amount determined under this section; (b) in the case of a medical absence of a short-stay resident, (i) that the length of the medical absence does not exceed fourteen days, and (ii) that the resident returns to the home before the end of the period for which the resident was admitted to the home; (c) in the case of a psychiatric absence of a long-stay resident, (i) that the length of the psychiatric absence does not exceed 45 days, or (ii) that the length of the psychiatric absence exceeds 45 days but does not exceed sixty days and, before the end of the first 45 days of the psychiatric absence, the resident agrees in writing with the municipality, municipalities or board maintaining and operating the home that, in addition to any other amounts the resident is required to pay, the resident will pay, for each day in excess of 45 that the resident is on the psychiatric absence, the daily bed-holding amount determined under this section; (d) in the case of a casual absence of a resident during the period between midnight on a Saturday and midnight on the following Saturday, (i) that the total length of the resident’s casual absences during the period does not exceed forty-eight hours, and (ii) if the resident is a short-stay resident, that the resident returns to the home before the end of the period for which the resident was admitted to the home; and (e) in the case of a vacation absence of a long-stay resident, that the total length of the resident’s vacation absences during the year does not exceed twenty-one days. O. Reg. 237/94, s. 4; O. Reg. 180/95, s. 11 (1, 2); O. Reg. 10/97, s. 8. (3) Revoked: O. Reg. 342/96, s. 6. (4) The daily bed-holding amount for a day after March 31, 1995 is $53. O. Reg. 180/95, s. 11 (3).
Absences
46. (1) The committee of management or the board, as the case may be, of a home shall discharge, (a) a long-stay resident who is on a medical absence for more than twenty-one days and does not, before the end of the first twenty-one days of the medical absence, enter into the written agreement referred to in subclause 45 (2) (a) (ii); (b) a long-stay resident who is on a medical absence for more than fifty-one days; (c) a short-stay resident who is on a medical absence for more than fourteen days; (d) a long-stay resident who is on a psychiatric absence for more than thirty days and does not, before the end of the first thirty days of the psychiatric absence, enter into the written agreement referred to in subclause 45 (2) (c) (ii); (e) a long-stay resident who is on a psychiatric absence for more than sixty days; (f) a short-stay resident who is on a psychiatric absence or a vacation absence; and (g) a long-stay resident if the total length of the resident’s vacation absences during the year exceeds twenty-one days. O. Reg. 237/94, s. 4; O. Reg. 180/95, s. 12 (1). (2) Despite section 45, the committee of management or the board, as the case may be, of a home shall discharge a long-stay resident who does not pay the bed-holding amount that the resident has agreed to pay under subclause 45 (2) (a) (ii) or (c) (ii). O. Reg. 237/94, s. 4; O. Reg. 180/95, s. 12 (2). (3) The committee of management or the board, as the case may be, of a home may discharge a resident if the total length of the resident’s casual absences during the period between midnight on a Saturday and midnight on the following Saturday exceeds forty-eight hours. O. Reg. 237/94, s. 4; O. Reg. 180/95, s. 12 (3).
Absences
47. (1) When a long-stay resident of a home is on a medical absence, a psychiatric absence or a vacation absence and when a short-stay resident of a home is on a medical absence, the committee of management or the board, as the case may be, of the home shall use its best efforts to maintain contact with the resident in order to determine when the resident will be returning to the home. O. Reg. 237/94, s. 4. (2) The committee of management or the board, as the case may be, of a home shall use its best efforts to ensure that before a long-stay resident of the home leaves for a casual absence or a vacation absence and before a short-stay resident of the home leaves for a casual absence, (a) a physician or registered nurse in the extended class attending the resident sets out in writing the care required to be given to the resident during the absence; and (b) the resident, or the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care, undertakes to the committee of management or the board, as the case may be, in writing that the person giving the undertaking, (i) will take all reasonable steps to ensure that the care required to be given to the resident is received by the resident during the absence, (ii) assumes full responsibility for the care, safety and well-being of the resident during the absence, and (iii) will notify the administrator of the home if the resident is admitted to a hospital during the absence. O. Reg. 237/94, s. 4; O. Reg. 60/03, s. 6 (1). (3) The committee of management or the board, as the case may be, of a home shall use its best efforts to ensure that, (a) before a long-stay resident of the home leaves for a medical absence or a psychiatric absence and before a short-stay resident leaves for a medical absence, a physician or registered nurse in the extended class attending the resident authorizes the absence in writing; and (b) notice of a long-stay resident’s medical absence or psychiatric absence and notice of a short-stay resident’s medical absence is given to the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care and to such other person as the resident designates, (i) at least twenty-four hours before the resident leaves the home, or (ii) if circumstances do not permit twenty-four hours notice, as soon as possible. O. Reg. 237/94, s. 4; O. Reg. 60/03, s. 6 (2).
Absences
48. The provisions of this Regulation relating to the care and treatment of a resident do not apply to a resident who is on a medical absence, a psychiatric absence, a casual absence or a vacation absence. O. Reg. 237/94, s. 4.
Absences
49. The committee of management or the board, as the case may be, of a home shall ensure that each medical absence, psychiatric absence, casual absence and vacation absence of a resident of the home is recorded and that the record is kept for a period of at least two years after the date the absence begins. O. Reg. 237/94, s. 4.
Absences
50.-52. Revoked: O. Reg. 371/93, s. 15. Trust Accounts
Trust Accounts
53. (1) A board, municipality or municipalities, as the case may be, maintaining a home shall establish and maintain a trust account in a bank listed in Schedule I to the Bank Act (Canada), trust corporation registered under the Loan and Trust Corporations Act, or credit union incorporated under the Credit Unions and Caisses Populaires Act, 1994, in which all money of residents received by the administrator for safekeeping shall be deposited. R.R.O. 1990, Reg. 637, s. 53 (1); O. Reg. 335/04, s. 5. (2) Where a resident has money upon admission to a home or receives money while resident in a home he or she may request the administrator to deposit it in the trust account. R.R.O. 1990, Reg. 637, s. 53 (2). (3) Where a resident has money deposited for him or her in the trust account referred to in subsection (1) he or she may request the administrator to make all or any part of it available to him or her at any time. R.R.O. 1990, Reg. 637, s. 53 (3); O. Reg. 371/93, s. 16. (4) The administrator shall keep a separate book of account that shall be retained for at least six years from the date the trust account referred to in subsection (1) is closed or becomes inactive, showing all deposits to and withdrawals from the trust account, the name of the resident for whom the deposit or withdrawal is made and the date of each deposit or withdrawal. R.R.O. 1990, Reg. 637, s. 53 (4). (5) The administrator shall provide a resident with a written receipt for all money received for deposit in the trust account and a resident shall provide the administrator with a written receipt for all money withdrawn from the account by the administrator for the resident. R.R.O. 1990, Reg. 637, s. 53 (5).
Trust Accounts
54. The trust account established under section 53 shall be audited annually by the municipal auditor who audits the books of account and ledgers of the home. R.R.O. 1990, Reg. 637, s. 54. Purchase of Produce from Home Farm
Purchase of Produce from Home Farm
55. (1) Where a home operates and maintains a farm in connection with the home and uses its produce, the home shall be charged with the current monthly wholesale price of the produce in the locality in which the home is situate. R.R.O. 1990, Reg. 637, s. 55 (1). (2) All produce from the farm used by the home shall be invoiced by the administrator and the invoices shall be submitted each month during the year to the municipality or board for approval. R.R.O. 1990, Reg. 637, s. 55 (2). Bonding of Administrator
Bonding of Administrator
56. (1) The administrator of a home shall be bonded by a bond of a guarantee company approved under the Guarantee Companies Securities Act in an amount or amounts satisfactory to the municipality or the board, as the case may be, that appointed him or her. R.R.O. 1990, Reg. 637, s. 56 (1). (2) The municipality or the board, as the case may be, shall pay the cost of the bond. R.R.O. 1990, Reg. 637, s. 56 (2). District of Nipissing
District of Nipissing
57. For the purposes 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. R.R.O. 1990, Reg. 637, s. 57. District of Parry Sound
District of Parry Sound
58. For the purposes of the Act, the Territorial District of Parry Sound is divided into two parts as follows: 1. Parry Sound East composed of that part of the Territorial District of Parry Sound lying within the boundaries of the geographic Townships of Armour, Bethune, Chapman, Croft, Gurd, Hardy, Himsworth North, Himsworth South, Joly, Laurier, Lount, Machar, McConkey, Mills, Nipissing, Patterson, Perry, Pringle, Proudfoot, Ryerson, Spence, Strong and Wilson. 2. 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, McMurrich, Monteith, Mowatt, Shawanaga and Wallbridge. R.R.O. 1990, Reg. 637, s. 58. District of Algoma
District of Algoma
58.1 For the purposes 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 North Planning Board. O. Reg. 197/03, s. 1. Boards of Management
Boards of Management
59. (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. R.R.O. 1990, Reg. 637, s. 59 (1). (2) For each board named 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. R.R.O. 1990, Reg. 637, s. 59 (2). (3) A member at large of a board shall hold office for a term not to exceed three years. R.R.O. 1990, Reg. 637, s. 59 (3). (4) Subject to subsection (6), the term of office of each member of a board who is not a member at large shall commence on the 1st day of April next following the commencement of the term of office of the council that the member represents or the 1st day of April in any subsequent year and shall not exceed three years. R.R.O. 1990, Reg. 637, s. 59 (4). (5) A member of a board is eligible for reappointment at the expiration of his or her term of office. R.R.O. 1990, Reg. 637, s. 59 (5). (6) When the office of a member of a board becomes vacant before the end of the term of office of the member, a new member may be appointed for the remainder of the unexpired term. R.R.O. 1990, Reg. 637, s. 59 (6). (7) No person shall be a member of a board unless he or she is a resident of the district in which the home is located. R.R.O. 1990, Reg. 637, s. 59 (7). (8) A board shall, after its first meeting, notify the Director and the administrator of the names of each member of the board and the area that the member represents. R.R.O. 1990, Reg. 637, s. 59 (8). (9) A board shall notify the Director and the administrator forthwith after the appointment of a member under subsection (6). R.R.O. 1990, Reg. 637, s. 59 (9). Chairs of Boards
Chairs of Boards
60. (1) A board shall, at its first meeting in each year, appoint one of its members as chair of the board. R.R.O. 1990, Reg. 637, s. 60 (1). (2) A member of the board who is appointed under subsection (1) shall serve as chair for twelve consecutive months following his or her appointment and, subject to subsection (3), may be reappointed as chair for the next year. R.R.O. 1990, Reg. 637, s. 60 (2). (3) No member of the board shall serve for more than three consecutive terms as chair. R.R.O. 1990, Reg. 637, s. 60 (3). (4) Where the chair resigns or dies or his or her office becomes vacant before his or her term as chair has expired, the board shall appoint another member of the board as chair thereof to complete the unexpired portion of the term of the chair. R.R.O. 1990, Reg. 637, s. 60 (4). Committees of Management
Committees of Management
61. A committee of management appointed under section 8 of the Act shall, in the case of a home, be composed of not fewer than three members and not more than one-half of the members of the council of the municipality and, in the case of a joint home, shall be composed of not fewer than two members of the council of each of the participating municipalities. R.R.O. 1990, Reg. 637, s. 61. Posting
Posting
62. The municipality, municipalities or board maintaining and operating a home shall ensure that the copy of section 1.1 of the Act that it posts in the home, as required under clause 30.5 (a) of the Act, is a copy of both the English and the French versions of section 1.1 and that both versions appear in large print. O. Reg. 372/94, s. 18.
Posting
63. (1) The municipality, municipalities or board maintaining and operating a home shall post in the home, (a) a copy of the most recent year-end report and the most recent auditor’s report given to the Minister under section 39; (b) at the request of the residents’ council of the home, a copy of the minutes of the most recent meeting of the residents’ council; (c) the procedures for making complaints about the maintenance or operation of the home, the conduct of the staff of the home or the treatment or care received by a resident in the home; and (d) a directive setting out the procedures to be followed and the steps to be taken by the residents and staff of the home when a fire alarm is given. O. Reg. 372/94, s. 18. (2) The items mentioned in clauses (1) (b), (c) and (d) shall be posted in large print. O. Reg. 372/94, s. 18.
Posting
64. The municipality, municipalities or board maintaining and operating a home shall ensure that, (a) all documents and information required to be posted in the home under section 30.5 of the Act are posted in a prominent place that is easily accessible to the staff of the home, the residents of the home and the persons who are lawfully authorized to make a decision on behalf of a resident of the home concerning the resident’s personal care; and (b) the directive mentioned in clause 63 (1) (d) is posted in several prominent places in the home. O. Reg. 372/94, s. 18. Notice
Notice
65. The municipality, municipalities or board maintaining and operating a home shall ensure that the matters referred to in clause 30.4 (1) (a) of the Act are set out in both English and French in each notice given under subsection 30.4 (1) of the Act. O. Reg. 372/94, s. 18.
Notice
66. In addition to complying with clauses 30.4 (1) (a), (b), (c) and (d) of the Act, the notice required to be given under subsection 30.4 (1) of the Act shall, (a) set out the rules and procedures of the home in relation to safety and security; (b) set out the names and addresses of the members of the committee of management or the board, as the case may be, of the home; (c) set out the names of the home’s staff members who are responsible for managing the accommodation, care, services, programs and goods provided to residents of the home; (d) explain how the residents’ council of the home operates and how to become involved in the residents’ council; (e) explain how the resident and the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care may participate in planning and evaluating the accommodation, care, services, programs and goods provided to the resident; (f) set out the advocacy services available to the resident; (g) set out the amounts charged by the municipality, municipalities or board maintaining and operating the home for accommodation, care, services, programs and goods and describe who may apply, and the process of applying, for a reduction in the amount charged for accommodation; (h) describe the accommodation, care, services, programs and goods, other than accommodation, care, services, programs and goods mentioned in clause 30.4 (1) (b) of the Act, that the municipality, municipalities or board offers to residents or that the municipality, municipalities or board can arrange for residents; (i) set out the resident’s right to choose an attending physician and the obligations of the attending physician under this Regulation; (j) set out the rights and obligations of the municipality, municipalities or board under the Act in relation to property held in trust for a resident; (k) set out the information provided to the home by the Minister of Health regarding financial assistance programs established by the Government of Canada or the Government of Ontario for persons who are at least 60 years old; and (l) set out the resident’s rights and obligations in relation to medical, psychiatric, vacation and casual absences. O. Reg. 372/94, s. 18. Plan of Care
Plan of Care
67. The municipality, municipalities or board maintaining and operating a home shall ensure that the plan of care developed for a resident under clause 19.5 (b) of the Act, (a) is in writing; (b) reflects the resident’s preferences and goals; (c) describes clearly the care to be given to the resident including, without limitation, (i) the treatments, medication and diet to be given to the resident, (ii) the assistance to be given to the resident with activities of daily living, and (iii) the safety and security precautions to be taken with respect to the resident; and (d) is easily accessible to the persons providing the resident’s care. O. Reg. 372/94, s. 18.
Plan of Care
68. (1) The municipality, municipalities or board maintaining and operating a home shall ensure that each resident’s plan of care is reviewed at least quarterly by at least the following members of the interdisciplinary team providing the resident’s care: 1. The physician providing the resident’s care. 2. The registered nurse in the extended class, if any, providing the resident’s care. 3. The nursing staff providing the resident’s care. 4. The food services supervisor or dietitian responsible for the resident’s meals. O. Reg. 60/03, s. 7. (2) The municipality, municipalities or board maintaining and operating a home shall ensure that, (a) a conference of the inter-disciplinary team providing the resident’s care is held, within six weeks following the resident’s admission to the home and at least annually after that, to review the resident’s plan of care; (b) the resident, the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care and such other person as they may direct are given an opportunity to participate fully in the conferences held under clause (a); and (c) with respect to each conference held under clause (a), a record is kept of the date of the conference, the participants in the conference and the results of the conference. O. Reg. 372/94, s. 18. Nutritional Care
Nutritional Care
68.1 The municipality, municipalities or board maintaining and operating a home shall ensure that the following are reviewed and approved in writing at least once a year by the home’s dietitian: 1. The home’s planned menu for all diets, including regular, therapeutic and special diets, texture modification and snacks. 2. The home’s menu cycle. O. Reg. 338/04, s. 8. Quality Management