jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation
2., 2.1 Revoked: O. Reg. 10/97, s. 1. Nursing and Other Staff
Nursing and Other Staff
3. (1) Subject to subsection (2), the municipality, municipalities or board maintaining and operating a home shall ensure that there are nurses with nursing experience on the staff of the home and that at least one of those nurses is a registered nurse. O. Reg. 42/98, s. 1. (2) There shall be employed such staff to care for residents in addition to those required under subsection (1) including registered nurses, as may be required by the Director. R.R.O. 1990, Reg. 637, s. 3 (2). (3) Despite subsections (1) and (2), the municipality, municipalities or board maintaining and operating a home shall ensure that at least one registered nurse who is a member of the regular nursing staff of the home is on duty and present in the home at all times. O. Reg. 338/04, s. 2. (4) Until August 1, 2005, subsection (3) does not apply to a municipality, municipalities or board with respect to a home having 80 beds or less. O. Reg. 413/04, s. 1.
Nursing and Other Staff
3.1 (1) The municipality, municipalities or board maintaining and operating a home shall ensure that there is at least one food services supervisor on the staff of the home and that the minimum combined number of hours worked in a week by all of the home’s food services supervisors in their capacity as such is the number obtained by multiplying the number of meal days in the week by 4/105.  O. Reg. 587/94, s. 4. (2) The municipality, municipalities or board maintaining and operating a home shall ensure that there is at least one food handler on the staff of the home and that the minimum combined number of hours worked in a week by all of the home’s food handlers in their capacity as such is the number obtained by multiplying the number of meal days in the week by 2/5. O. Reg. 587/94, s. 4. (3) For the purpose of subsections (1) and (2), the number of meal days in a week is the sum of the number of meal days in each day of the week. O. Reg. 587/94, s. 4. (4) For the purpose of subsection (3), the number of meal days in a day is the number obtained using the formula,  in which, “A” is the number of residents the home has that day; and “B” is the number of meals and snacks prepared in the home that day for persons who are not residents of the home. O. Reg. 587/94, s. 4. (5) In this section, “food handler” means an employee whose function it is to prepare or cook food or to clean kitchen equipment or utensils. O. Reg. 587/94, s. 4.
Nursing and Other Staff
3.2 For the purpose of determining whether section 3.1 is being complied with, a person who holds more than one position at a home or who works at a home in more than one capacity shall be considered to be working in only one capacity at any one moment in time. O. Reg. 587/94, s. 4; O. Reg. 10/97, s. 2.
Nursing and Other Staff
3.3 The municipality, municipalities or board maintaining and operating a home shall ensure that there are sufficient qualified administrative staff to manage and administer the home. O. Reg. 10/97, s. 3. Staff Training
Staff Training
4. The municipality, municipalities or board maintaining and operating a home shall ensure, (a) that when a person becomes a member of the staff of the home, the person is given in-service training to orient him or her to the home; and (b) that in-service training programs for the purpose of continuing education are conducted for all of the staff of the home. O. Reg. 587/94, s. 4. Powers and Duties of Administrators
Powers and Duties of Administrators
6. The written records required to be kept under clauses 5 (c), (e), (f), (g) and (n) shall be retained along with the other records of the resident for at least twenty years after the last entry in the records with respect to the resident or, where the resident dies, for at least five years after the death of the resident. R.R.O. 1990, Reg. 637, s. 6. Information
Information
6.1 When a person who wishes to seek admission to a home contacts a placement co-ordinator, the placement co-ordinator shall provide the person with information about retirement homes and other alternative services that the person may wish to consider. O. Reg. 120/02, s. 2. Eligibility for Admission
Eligibility for Admission
7. In sections 8, 9, 10 and 11, “applicant” means a person who applies in accordance with this Regulation for a determination by a placement co-ordinator respecting the person’s eligibility for admission to a home. O. Reg. 372/94, s. 5.
Eligibility for Admission
8. (1) An applicant shall be determined to be eligible for admission to a home if, and only if, (a) the applicant is at least 18 years old; (b) the applicant is an insured person under the Health Insurance Act; (c) the applicant meets at least one of the conditions set out in subsection (2); (d) the applicant meets at least one of the conditions set out in subsection (3); and (e) the applicant’s care requirements can be met in a home. O. Reg. 372/94, s. 6. (2) The following are the conditions referred to in clause (1) (c): 1. The applicant requires that nursing care be available on-site 24 hours a day. 2. The applicant requires assistance each day with activities of daily living. 3. The applicant requires, at frequent intervals throughout the day, on-site supervision or on-site monitoring to ensure his or her safety or well-being. 4. The applicant is at risk of being financially, emotionally or physically harmed if the applicant lives in his or her residence. 5. The applicant is at risk of suffering harm due to environmental conditions that cannot be resolved if the applicant lives in his or her residence. 6. The applicant may harm someone if the applicant lives in his or her residence. O. Reg. 372/94, s. 6. (3) The following are the conditions referred to in clause (1) (d): 1. None of the publicly-funded community-based services available to the applicant while the applicant lives in his or her residence and none of the other caregiving, support or companionship arrangements available to the applicant while the applicant lives in his or her residence are sufficient, in any combination, to meet the applicant’s requirements. 2. None of the publicly-funded community-based services available to the applicant in the area to which the applicant plans to move and none of the other caregiving, support or companionship arrangements available to the applicant in the area to which the applicant plans to move are sufficient, in any combination, to meet the applicant’s requirements. O. Reg. 372/94, s. 6. (4), (5) Revoked: O. Reg. 120/02, s. 3. (6) This section does not apply to an applicant who is applying for a determination respecting his or her eligibility for admission to a home as a short-stay resident in the respite care or supportive care program. O. Reg. 372/94, s. 6.
Eligibility for Admission
9. (1) An applicant shall be determined to be eligible for admission to a home as a short-stay resident in the respite care program if, and only if, (a) the applicant’s caregiver requires temporary relief from his or her caregiving duties; (b) it is anticipated that the applicant will be returning to his or her residence within 60 days after admission to the home; and (c) the applicant meets the requirements of clauses 8 (1) (a), (b), (c) and (e). O. Reg. 372/94, s. 6. (2) An applicant shall be determined to be eligible for admission to a home as a short-stay resident in the supportive care program if, and only if, (a) the applicant requires a period of time in which to recover strength, endurance or functioning and is likely to benefit from a short stay in a home; (b) it is anticipated that the applicant will be returning to his or her residence within 90 days after admission to the home; and (c) the applicant meets the requirements of clauses 8 (1) (a), (b), (c) and (e). O. Reg. 372/94, s. 6.
Eligibility for Admission
10. Despite section 8, an applicant shall be determined to be eligible for admission to a home as a long-stay resident if, (a) the applicant’s spouse or partner is, (i) a long-stay resident, or (ii) a person who has been determined by a placement co-ordinator to be eligible for admission to a home as a long-stay resident; (b) the applicant is at least 18 years old; (c) the applicant is an insured person under the Health Insurance Act; and (d) the applicant’s care requirements can be met in a home. O. Reg. 372/94, s. 6.
Eligibility for Admission
11. Despite section 8, the following applicants shall be determined to be eligible for admission to a home as long-stay residents: 1. A long-stay resident requesting a transfer to another home as a long-stay resident. 2. A long-stay resident under the Nursing Homes Act or the Charitable Institutions Act requesting a transfer to a home as a long-stay resident. O. Reg. 372/94, s. 6.
Eligibility for Admission
11.1 Despite section 8, an applicant who is a veteran shall be determined eligible for admission to a home as a long-stay resident if the applicant is an insured person under the Health Insurance Act. O. Reg. 641/98, s. 2. Application for Determination of Eligibility
Application for Authorization of Admission
12.1 A person may apply for authorization of his or her admission to a home only after the person has been determined by a placement co-ordinator to be eligible for admission. O. Reg. 372/94, s. 6.
Application for Authorization of Admission
12.2 (1) To apply for authorization of his or her admission to a home, a person shall provide to the placement co-ordinator designated for the home under subsection 18 (3) of the Act, (a) a written request by the person for authorization of his or her admission to the home; (b) the items mentioned in clauses 12 (1) (c) and (d) if, (i) the person was not required to provide those items when the person applied for the determination of his or her eligibility, and (ii) the committee of management or the board, as the case may be, of the home does not in the opinion of the placement co-ordinator have sufficient other information about the person to determine whether to give or withhold approval for the person’s admission to the home; and (c) such additional information and documentation as is necessary to enable the placement co-ordinator to determine the category in which to place the person under sections 12.8 to 12.14.4. O. Reg. 372/94, s. 6; O. Reg. 180/95, s. 1; O. Reg. 120/02, s. 5 (1). (1.1) Despite clause (1) (a), a request for authorization of admission need not be in writing if it is a request for authorization of admission as a long-stay resident with respect to a related temporary home, a re-opened home or a replacement home made by a person who is a long-stay resident of the original home or was a long-stay resident of the original home immediately before the closure of his or her bed in the home. O. Reg. 120/02, s. 5 (2). (2) The placement co-ordinator shall assist the person in obtaining the information and documentation that the person is required to provide to the placement co-ordinator under this section. O. Reg. 372/94, s. 6. Approval by Committee or Board
Approval by Committee or Board
12.3 (1) Subject to sections 12.3.1 and 12.4.1, when a person who has been determined by a placement co-ordinator to be eligible for admission to a home applies for authorization of his or her admission to a particular home, the placement co-ordinator designated for the home under subsection 18 (3) of the Act shall, (a) give the committee of management or the board, as the case may be, of the home the information possessed by the placement co-ordinator that is relevant to the committee’s or board’s determination of whether to give or withhold approval for the person’s admission to the home; and (b) request the committee of management or the board, as the case may be, of the home to determine whether to give or withhold approval for the person’s admission to the home. O. Reg. 372/94, s. 6; O. Reg. 120/02, s. 6. (2) The committee of management or the board, as the case may be, of a home shall, within five days after receiving the request mentioned in subsection (1), (a) give the placement co-ordinator designated for the home and the person applying for authorization of admission to the home a written notice stating that the committee of management or the board, as the case may be, approves the person’s admission; or (b) if the committee of management or the board, as the case may be, is withholding approval for the person’s admission, give the written notice required under subsection 18 (15) of the Act to the persons mentioned in subsection 18 (15) of the Act. O. Reg. 372/94, s. 6. (3) In counting five days for the purpose of subsection (2), holidays shall not be included. O. Reg. 372/94, s. 6. (4) In this section, “holiday” means, (a) Saturday, (b) Sunday, (c) New Year’s Day, (c.1) Family Day, being the third Monday in February, (d) Good Friday, (e) Victoria Day, (f) Canada Day, (g) Civic Holiday, (h) Labour Day, (i) Thanksgiving Day, (j) Christmas Day, (k) Boxing Day, (l) any special holiday proclaimed by the Governor General or the Lieutenant Governor, (m) if New Year’s Day or Canada Day falls on a Saturday or Sunday, the following Monday, (n) if Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday, and (o) if Christmas Day falls on a Friday, the following Monday. O. Reg. 372/94, s. 6; O. Reg. 591/07, s. 1.
Approval by Committee or Board
12.3.1 (1) A placement co-ordinator shall not provide the information and request referred to in subsection 12.3 (1) to the committee of management or the board, as the case may be, of a home selected by an applicant if, at that point in time, the total number of homes, approved charitable homes for the aged under the Charitable Institutions Act and nursing homes under the Nursing Homes Act, which have approved or are considering the applicant’s admission, is three or more. O. Reg. 120/02, s. 7. (2) If, at a later point in time, the total number of homes, approved charitable homes for the aged under the Charitable Institutions Act and nursing homes under the Nursing Homes Act, which have approved or are considering the applicant’s admission, is less than three, the placement co-ordinator may then provide the information and request referred to in subsection 12.3 (1) to the committee of management or the board, as the case may be, of another home selected by the applicant so long as, at any point in time, the total number of homes, approved charitable homes for the aged under the Charitable Institutions Act and nursing homes under the Nursing Homes Act, which have approved or are considering the applicant’s admission, does not exceed three. O. Reg. 120/02, s. 7. (3) This section does not apply to a person who will be placed in category 1A or the short-stay category on the waiting list for the home if the committee of management or the board, as the case may be, approves his or her admission to the home. O. Reg. 120/02, s. 7.
Approval by Committee or Board
12.4 (1) Subject to section 12.4.1, a committee of management or a board, as the case may be, may withdraw its approval of a person’s admission to a home before the person’s admission is authorized if, as a result of a change in the person’s condition, a ground for withholding approval mentioned in subsection 18 (14) of the Act exists. O. Reg. 372/94, s. 6; O. Reg. 120/02, s. 8. (2) A committee of management or a board, as the case may be, that withdraws its approval of a person’s admission to a home under subsection (1) shall give to the person, the Director and the placement co-ordinator designated for the home under subsection 18 (3) of the Act a written notice, (a) stating that the committee of management or the board, as the case may be, is withdrawing its approval of the person’s admission; and (b) setting out the ground or grounds on which the committee of management or the board, as the case may be, is withholding approval and a detailed explanation of the supporting facts. O. Reg. 372/94, s. 6.
Approval by Committee or Board
12.4.1 (1) Sections 12.3 and 12.4 do not apply to a related temporary home, a re-opened home or a replacement home. O. Reg. 120/02, s. 9. (2) The municipality, municipalities or board maintaining and operating a related temporary home, a re-opened home or a replacement home shall be deemed to approve the admission to the home as a long-stay resident of any person who is a long-stay resident of the original home or was a long-stay resident of the original home immediately before the closure of his or her bed in the home. O. Reg. 120/02, s. 9. Keeping of Waiting List
Keeping of Waiting List
12.5 (1) Each placement co-ordinator shall keep a waiting list for each of the homes for which the placement co-ordinator is designated under subsection 18 (3) of the Act. O. Reg. 641/98, s. 4. (2) The placement co-ordinator shall place on the waiting list, rank for admission and remove from the list, in accordance with sections 12.6 to 12.16, any person described in section 12.6 other than a person who is to be placed on the waiting list for interim beds under section 12.19. O. Reg. 641/98, s. 4; O. Reg. 120/02, s. 10 (1). (3) Each placement co-ordinator shall also keep a refusal list for the purposes of section 12.7. O. Reg. 120/02, s. 10 (2).
Keeping of Waiting List
12.6 (1) The placement co-ordinator designated for a home under subsection 18 (3) of the Act shall place a person on the waiting list for the home if, and only if, (a) the person is determined by a placement co-ordinator to be eligible for admission to a home; (b) the person applies in accordance with this Regulation for authorization of his or her admission to the home; (c) the committee of management or the board, as the case may be, of the home approves the person’s admission to the home; and (d) placing the person on the waiting list for the home will not result in the total number of waiting lists for homes, approved charitable homes for the aged under the Charitable Institutions Act and nursing homes under the Nursing Homes Act on which the person is placed exceeding three. O. Reg. 120/02, s. 11. (2) Clause (1) (d) does not apply to a person who will be placed in category 1A or the short-stay category on the waiting list. O. Reg. 120/02, s. 11.
Keeping of Waiting List
12.7.1 (1) A person may be removed from the waiting list for a home to which the person is awaiting admission as a short-stay resident if the placement co-ordinator designated for the home under subsection 18 (3) of the Act offers to authorize the person’s admission to the home and the person, (a) refuses to consent to admission; or (b) fails to move into the home on the day agreed to by the person. O. Reg. 120/02, s. 11. (2) A person who is removed from the waiting list for a home under subsection (1) shall be placed on the waiting list for the home again to await admission as a short-stay resident if the person provides to the placement co-ordinator designated for the home under subsection 18 (3) of the Act a new written request for authorization of his or her admission to the home as a short-stay resident. O. Reg. 120/02, s. 11. Placement into Categories on Waiting List
Placement into Categories on Waiting List
12.8 Sections 12.9 to 12.14.4 apply only to persons who meet the requirements of section 12.6 or subsection 12.7 (3) or (4) or 12.7.1 (2) for placement on a waiting list. O. Reg. 120/02, s. 11.
Placement into Categories on Waiting List
12.9 (1) A person shall be placed in category 1A on the waiting list for a home if the person requires immediate admission as a result of a crisis arising from the person’s condition or circumstances. O. Reg. 120/02, s. 11. (2) A person shall be placed in category 1A on the waiting list for a home if, (a) the person occupies a bed in, (i) a hospital under the Public Hospitals Act or a private hospital licensed under the Private Hospitals Act, (ii) a facility that is designated as a psychiatric facility under section 80.2 of the Mental Health Act and is not exempt under that section from the requirement to provide in-patient services in paragraph 1 of subsection 4 (1) of Regulation 741 of the Revised Regulations of Ontario, 1990 made under that Act, or (iii) a facility listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under the Developmental Services Act; and (b) there will be no bed for the person in the hospital or facility within six weeks as a result of, (i) a permanent closure of all or some of the beds in the hospital or facility, or (ii) a temporary closure of all or some of the beds in the hospital or facility due to an emergency or redevelopment. O. Reg. 120/02, s. 11. (3) A person shall be placed in category 1A on the waiting list for a home if, (a) the person is a long-stay resident of another home, an approved charitable home for the aged under the Charitable Institutions Act or a nursing home under the Nursing Homes Act; and (b) there will be no bed for the person in the facility within six weeks as a result of a permanent or temporary closure of all or some of the beds in the facility. O. Reg. 120/02, s. 11.
Placement into Categories on Waiting List
12.9.1 A person shall be placed in category 1A1 on the waiting list for a home if, (a) the person does not meet the requirements for placement in category 1A; (b) the person’s spouse or partner is a long-stay resident of the home or neither the person nor his or her spouse or partner is a long-stay resident of the home but both wish to reside in the home; and (c) the person meets the eligibility criteria set out in subsection 8 (1). O. Reg. 338/04, s. 3.
Placement into Categories on Waiting List
12.10 A person shall be placed in category 1B on the waiting list for a home if, (a) the person does not meet the requirements for placement in category 1A or 1A1; (b) the home is primarily engaged in serving the interests of persons of a particular religion, ethnic origin or linguistic origin; and (c) the person is of the religion, ethnic origin or linguistic origin primarily served by the home. O. Reg. 120/02, s. 11; O. Reg. 338/04, s. 4.
Placement into Categories on Waiting List
12.10.1 Revoked: O. Reg. 120/02, s. 11.
Placement into Categories on Waiting List
12.12 Despite sections 12.9 to 12.11, a person shall be placed in the veteran category on the waiting list for a home if, (a) the home contains veterans’ priority access beds; (b) the person has applied for authorization of his or her admission to a veteran’s priority access bed; and (c) the person is a veteran. O. Reg. 120/02, s. 11.
Placement into Categories on Waiting List
12.13 (1) Despite sections 12.9 to 12.11, a person shall be placed in the exchange category on the waiting list for a home if, (a) the person, (i) occupies a bed in a hospital under the Public Hospitals Act or a private hospital licensed under the Private Hospitals Act, (ii) occupies a bed in a facility that is designated as a psychiatric facility under section 80.2 of the Mental Health Act and is not exempt under that section from the requirement to provide in-patient services in paragraph 1 of subsection 4 (1) of Regulation 741 of the Revised Regulations of Ontario, 1990 made under that Act, (iii) occupies a bed in a facility listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under the Developmental Services Act, or (iv) is a long-stay resident of another home, an approved charitable home for the aged under the Charitable Institutions Act or a nursing home under the Nursing Homes Act; (b) the person is the subject of an agreement between the home to which the person seeks admission, at least one hospital or facility mentioned in subclause (a) (i), (ii) or (iii) and possibly one or more other hospitals, facilities or homes, to exchange identified residents or patients, in order to meet the specialized requirements of any of the exchanged residents or patients; and (c) the result of the exchange will be that the person will become a resident of the home to which the person seeks admission and a resident of the home will be discharged. O. Reg. 120/02, s. 11. (2) Despite sections 12.9 to 12.11, if a placement co-ordinator becomes aware of the opportunity to exchange a resident of one long-term care home who seeks admission to a second long-term care home and a resident of the second long-term care home who seeks admission to the first, and at least one of those homes is a home to which this Regulation applies, each resident shall be placed in the exchange category of the appropriate waiting list. O. Reg. 367/08, s. 1. (3) In subsection (2), “long-term care home” means, (a) a home; (b) an approved charitable home for the aged under the Charitable Institutions Act; or (c) a nursing home under the Nursing Homes Act. O. Reg. 367/08, s. 1.
Placement into Categories on Waiting List
12.14 Despite sections 12.9 to 12.11 and section 12.13 but subject to section 12.12, a person shall be placed in the related temporary home category on the waiting list for a home if, (a) the home is or will be a related temporary home; and (b) the person is a long-stay resident of the original home or was a long-stay resident of the original home immediately before the closure of his or her bed in the home. O. Reg. 120/02, s. 11.
Placement into Categories on Waiting List
12.14.1 Despite sections 12.9 to 12.11 and section 12.13 but subject to section 12.12, a person shall be placed in the re-opened home category on the waiting list for a home if, (a) the home is or will be a re-opened home; and (b) the person is a long-stay resident of the original home or was a long-stay resident of the original home immediately before the temporary closure of his or her bed in the home. O. Reg. 120/02, s. 11.
Placement into Categories on Waiting List
12.14.2 Despite sections 12.9 to 12.11 and section 12.13 but subject to section 12.12, a person shall be placed in the replacement home category on the waiting list for a home if, (a) the home is or will be a replacement home; and (b) the person is a long-stay resident of the original home or was a long-stay resident of the original home immediately before the permanent closure of his or her bed in the home. O. Reg. 120/02, s. 11.
Placement into Categories on Waiting List
12.14.3 A person shall be placed in category 3 on the waiting list for a home if the person does not meet the requirements for placement in any other category. O. Reg. 120/02, s. 11.
Placement into Categories on Waiting List
12.14.4 (1) Sections 12.9 to 12.14.3 do not apply to a person applying for authorization of admission to a home as a short-stay resident in the respite care or supportive care program. O. Reg. 120/02, s. 11. (2) A person referred to in subsection (1) shall be placed in the short-stay category on the waiting list for the home. O. Reg. 120/02, s. 11. Ranking of Categories
Ranking of Categories
12.15 For each class of beds set out in a column of Table 4, the categories on the waiting list shall be ranked in the order set out in the rows below that class of beds, such that a category mentioned in a higher row ranks ahead of a category mentioned in a lower row. O. Reg. 120/02, s. 11. Ranking Within Categories
Ranking Within Categories
12.16 (1) Within a waiting list category set out in Column 1 of Table 5, persons shall be ranked for admission in accordance with the rules set out opposite the category in Column 2 of Table 5. O. Reg. 120/02, s. 11. (2) If, within six weeks after making his or her first application for authorization of admission to one or more homes, nursing homes under the Nursing Homes Act or approved charitable homes for the aged under the Charitable Institutions Act as a long-stay resident, and before being admitted to one of such facilities, a person makes one or more additional applications for authorization of his or her admission to one or more homes as a long-stay resident, the additional applications made within the six-week period shall, for the purpose of Table 5, be deemed to have been made at the time that the first application was made. O. Reg. 120/02, s. 11. (3) If a person who was determined by a placement co-ordinator to be ineligible for admission to a home as a long-stay resident is determined to be eligible for admission as a long-stay resident as a result of an application to the Appeal Board under subsection 19.1 (2) of the Act or an appeal to the Divisional Court under subsection 19.4 (1) of the Act, and if the person then makes an application for authorization of his or her admission to one or more to one or more homes, approved charitable homes for the aged under the Charitable Institutions Act or nursing homes under the Nursing Homes Act or as a long-stay resident, (a) that application for authorization shall, for the purposes of Table 5, be deemed to have been made at the time that the placement co-ordinator determined that the person was ineligible for admission; and (b) all additional applications for authorization of admission to one or more homes as a long-stay resident, made by the person within six weeks after making the first application and before being admitted to one of such facilities shall, for the purpose of Table 5, be deemed to have been made at the time that the first application is deemed under clause (a) to have been made. O. Reg. 120/02, s. 11. (4) Despite subsection (2), if a person provides to the placement co-ordinator designated for a home under subsection 18 (3) of the Act a new request for authorization of admission to the home under subsection 12.7 (3) or (4) or 12.7.1 (2), the person shall, for the purpose of Table 5, be deemed to have applied for authorization of admission to the home at the time of the provision of the new request. O. Reg. 120/02, s. 11.
Ranking Within Categories
12.17, 12.18 Revoked: O. Reg. 120/02, s. 11. Waiting List For Interim Beds
Waiting List For Interim Beds
12.19 (1) The placement co-ordinator designated under subsection 18 (3) of the Act for a home that has entered into a service agreement for interim beds shall keep a waiting list for admission to the interim beds. O. Reg. 641/98, s. 8. (2) Revoked: O. Reg. 120/02, s. 12 (1). (3) The waiting list for interim beds shall be kept in addition to and separately from the waiting list required to be kept under section 12.5. O. Reg. 641/98, s. 8. (4) A person shall be placed on the waiting list for interim beds for a home if, (a) the person meets the requirements of section 12.6; (b) the person is a patient in a hospital that is a public hospital as defined in section 1 of the Public Hospitals Act; (c) a physician has determined that the person does not require the acute care services provided by the hospital; and (d) the person has applied for authorization of his or her admission to an interim bed in the home. O. Reg. 641/98, s. 8; O. Reg. 120/02, s. 12 (2, 3). (5) Persons on a waiting list for interim beds for a home shall be ranked for admission according to the time at which they applied for authorization of their admission to an interim bed in that home. O. Reg. 120/02, s. 12 (4). (6) Subsections 12.16 (2) and (3) apply with necessary modifications to the ranking of persons on a waiting list for interim beds for a home. O. Reg. 120/02, s. 12 (4). Change of Category
Change of Category
12.20  (1)  If a placement co-ordinator knows of a change in the condition or circumstances of a person who is on a waiting list kept by the placement co-ordinator and if, as a result of the change, the person should be placed in a different category on the waiting list under sections 12.8 to 12.14.4, the placement co-ordinator shall place the person in that category. O. Reg. 372/94, s. 6; O. Reg. 120/02, s. 13 (1). (2) If a person who is on the waiting list for a home should be placed in a different category on the waiting list as a result of amendments made to this Regulation by Ontario Regulation 120/02 or 338/04, the placement co-ordinator keeping the waiting list shall place the person in the different category. O. Reg. 338/04, s. 6. (3) If the placement co-ordinator becomes aware that a person on the waiting list should be placed in the exchange category referred to in subsection 12.13 (2), the placement co-ordinator shall place the person in the exchange category, if that is the highest ranked waiting list category that applies to the person in accordance with Table 4. O. Reg. 367/08, s. 2. Authorization of Admission
Authorization of Admission
12.22 The placement co-ordinator designated for a home under subsection 18 (3) of the Act shall authorize a person’s admission to the home as a short-stay resident if, and only if, the person’s admission may be authorized under section 12.21 and, (a) the person applied for authorization of his or her admission to the home’s respite care or supportive care program; or (b) the person did not apply for authorization of his or her admission to the home’s respite care or supportive care program, the person is in category 1A on the waiting list for the home at the time of authorization of his or her admission, and the person’s condition or circumstances are such that the placement co-ordinator believes that the person will be able to return to his or her residence within 14 days after admission to the home. O. Reg. 372/94, s. 6; O. Reg. 120/02, s. 15.
Authorization of Admission
12.23 (1) When a placement co-ordinator authorizes the admission of a person to a home as a short-stay resident, the placement co-ordinator shall indicate the length of the stay being authorized and the first day and last day of the stay. O. Reg. 372/94, s. 6. (2) No placement co-ordinator shall authorize the admission of a person to a home as a short-stay resident in the respite care program for a stay exceeding 60 days. O. Reg. 372/94, s. 6. (3) No placement co-ordinator shall authorize the admission of a person to a home as a short-stay resident in the supportive care program for a stay exceeding 90 days. O. Reg. 372/94, s. 6. (4) No placement co-ordinator shall authorize the admission of a person to a home as a short-stay resident in the respite care or supportive care program for a stay which, when added to the person’s other stays during the year in the respite care or supportive care program of a home, a nursing home under the Nursing Homes Act or an approved charitable home for the aged under the Charitable Institutions Act, exceeds 90 days. O. Reg. 372/94, s. 6. (5) No placement co-ordinator shall authorize the admission of a person to a home as a short-stay resident under clause 12.22 (b) for a stay exceeding 14 days. O. Reg. 372/94, s. 6. (6) No person whose admission has been authorized for a stay in the respite care or supportive care program of a home shall apply for authorization of admission to extend the stay, before the last day of the stay. O. Reg. 372/94, s. 6. Transfer List
Transfer List
12.24 (1) The committee of management or the board, as the case may be, of a home shall keep a transfer list consisting of, (a) the names of the residents of the home who are requesting a transfer from preferred accommodation in the home to basic accommodation in the home; and (b) the names of the residents of the home who are requesting a transfer from private accommodation in the home to semi-private accommodation in the home. O. Reg. 120/02, s. 16. (2) The committee of management or the board, as the case may be, shall notify each resident on the transfer list monthly of his or her rank on the transfer list. O. Reg. 372/94, s. 6. Discharge
Discharge
12.25 (1) No committee of management and no board shall discharge a resident from a home unless permitted or required to do so by this section or section 46. O. Reg. 180/95, s. 3 (1). (2) The committee of management, or the board, as the case may be, of a home may discharge a resident from the home if, (a) the committee of management or the board is informed by the inter-disciplinary team providing the resident’s care or, in the case of a resident who is absent from the home, by the resident’s physician or registered nurse in the extended class attending the resident, that the home cannot provide a sufficiently secure environment to ensure the safety of the resident or the safety of persons who come into contact with the resident, and other arrangements are made to provide the accommodation, care and secure environment required by the resident; (b) the resident decides to leave the home and signs a request to be discharged; (c) the resident leaves the home and informs the administrator of the home that he or she will not be returning to the home; or (d) the resident is absent from the home for a period exceeding seven days and has not informed the administrator of the home of his or her whereabouts, and the administrator has taken reasonable steps to locate the resident but has not been able to do so. O. Reg. 372/94, s. 6; O. Reg. 120/02, s. 17; O. Reg. 60/03, s. 2. (2.1) The committee of management or the board, as the case may be, of a home shall discharge a resident from the home when it is aware that the resident has died. O. Reg. 180/95, s. 3 (2). (3) The committee of management or the board, as the case may be, of a home may discharge a short-stay resident from the home at the end of the period for which the resident was admitted to the home. O. Reg. 372/94, s. 6. (4) The committee of management or the board, as the case may be, of a home shall use its best efforts to ensure that notice of a resident’s discharge is given to the resident, 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 they may direct, (a) as far in advance of the discharge as possible; or (b) if circumstances do not permit notice to be given before the discharge, as soon as possible after the discharge. O. Reg. 372/94, s. 6. (5) Before discharging a resident from a home under clause (2) (b) or (c), the committee of management or the board, as the case may be, of the home shall assist the resident and the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care to plan for the discharge, by identifying alternative accommodation, service organizations and other resources in the community. O. Reg. 372/94, s. 6.
Discharge
12.26 (1) The committee of management or the board, as the case may be, of a home shall require the inter-disciplinary team providing a resident’s care to inform the committee of management or the board if the team is of the opinion that the home cannot provide a sufficiently secure environment to ensure the safety of the resident or the safety of persons who come into contact with the resident. O. Reg. 120/02, s. 18. (2) If the committee of management or the board, as the case may be, of a home is informed by the inter-disciplinary team providing a resident’s care that, in the opinion of the team, the home cannot provide a sufficiently secure environment to ensure the safety of the resident or the safety of persons who come into contact with the resident, the committee of management or the board shall ensure that arrangements are made for the resident to be admitted to a hospital or other facility better suited to provide the accommodation, care and secure environment required by the resident. O. Reg. 120/02, s. 18. Closing of a Home
Closing of a Home
12.27 (1) If the municipality, municipalities or board maintaining and operating a home intends or intend to close all or some of the beds in the home permanently or temporarily, the municipality, municipalities or board, as the case may be, shall, no later than 16 weeks before the date of the closure, give written notice of that intention to, (a) the Director; (b) the administrator of the home; (c) the placement co-ordinator designated for the home under subsection 18 (3) of the Act; and (d) each resident who will be affected by the closure and the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care. O. Reg. 120/02, s. 19. (2) Forthwith after receiving a notice under subsection (1), the placement co-ordinator shall contact each resident who will be affected by the closure and the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care, in order to begin the process of authorizing the resident’s admission to another home, a nursing home under the Nursing Homes Act or an approved charitable home for the aged under the Charitable Institutions Act. O. Reg. 120/02, s. 19. Restraint
Restraint
13. (1) Except upon the order of the physician to a home, to be confirmed in writing, who has designated a device or agent approved by the Minister as appropriate for the intended use, a device or agent for restraining a person shall not be applied to a resident. R.R.O. 1990, Reg. 637, s. 13 (1). (2) The administrator, the physician of a home, and the nurse in charge shall develop and maintain written policies on the use of restraining devices and agents and such policies shall be subject to the approval of the Minister. R.R.O. 1990, Reg. 637, s. 13 (2). Medications
Rules Governing Homes
15. Residents of a home shall be under the general supervision of the administrator. R.R.O. 1990, Reg. 637, s. 15.
Rules Governing Homes
16. Revoked: O. Reg. 372/94, s. 7.
Rules Governing Homes
17. (1) No resident shall leave a home at any time without notifying the administrator or his or her representative. R.R.O. 1990, Reg. 637, s. 17 (1). (2) Residents may smoke only in the areas designated by the administrator and suitable fire resistant receptacles shall be provided in the areas. R.R.O. 1990, Reg. 637, s. 17 (2). (3) A resident may sell any article he or she makes and retain the proceeds thereof in accordance with a policy to be determined by the council of the municipality or the board operating the home. R.R.O. 1990, Reg. 637, s. 17 (3); O. Reg. 371/93, s. 7.
Rules Governing Homes
17.1 (1) The municipality, municipalities or board maintaining and operating a home shall ensure that the home is maintained at a temperature of at least 22 degrees Celsius at all times. O. Reg. 587/94, s. 6. (2) The municipality, municipalities or board maintaining and operating a home shall ensure that the temperature of the water serving all bathtubs, showers and hand basins used by residents of the home does not exceed 49 degrees Celsius and that the temperature is regulated by a device inaccessible to the residents. O. Reg. 587/94, s. 6.
Rules Governing Homes
17.2 (1) The nursing staff of each home shall ensure that proper and sufficient care of each resident’s body is provided daily to safeguard the resident’s health and to maintain personal hygiene. O. Reg. 236/02, s. 1. (2) Without restricting the generality of any of the requirements of subsection (1), the nursing staff of each home shall ensure that each resident receives at least two baths or showers a week, unless there is a medical reason for the resident not to receive the baths or showers. O. Reg. 338/04, s. 7. (3) In subsection (2), “bath” means a tub bath or full body sponge bath. O. Reg. 338/04, s. 7. Fire Protection and Fire Duties
Forms and Records
19.-22. Revoked: O. Reg. 372/94, s. 9.
Forms and Records
23. (1) The records of a home shall include, (a) a separate file for the documents of each resident; (b) adequate books or account and ledgers; (c) where the home operates a farm, a record of produce purchased therefrom in accordance with section 55; and (d) a record of the trust account set up by the home under section 53. R.R.O. 1990, Reg. 637, s. 23 (1); O. Reg. 371/93, s. 11 (1). (2) Revoked: O. Reg. 10/97, s. 6. (3) Each book of account and ledger shall be retained by the home for at least six years from the date of the last entry in the book or ledger for a particular year, and shall, (a) set out the expenditures of the home; (b) be segregated from the continuing books of account of the municipality; (c) contain a separate record of money received by the home from sources other than under the Act; and (d) be audited yearly by the municipal auditor. R.R.O. 1990, Reg. 637, s. 23 (3); O. Reg. 371/93, s. 11 (2). (4) The administrator of a home shall furnish to the Minister not later than the last day of February in each year, for the year ending with the 31st day of December immediately preceding, (a) Revoked: O. Reg. 372/94, s. 10 (1). (b) a financial statement of revenue and expenditure in duplicate satisfactory to the Director together with a report of the municipal auditor stating whether in the auditor’s opinion, (i) the auditor has received all the information and explanations the auditor has required, (ii) the financial statement is in accordance with the books and records of the home, and (iii) the financial statement has been prepared in accordance with generally accepted accounting principles applied on a basis consistent with that of the preceding year; and (c) such other financial and statistical information as the Minister may require. R.R.O. 1990, Reg. 637, s. 23 (4); O. Reg. 372/94, s. 10 (1). (5) Clause (4) (b) does not apply to a financial statement and auditor’s report for a year ending on or after December 31, 1994. O. Reg. 372/94, s. 10 (2).
Forms and Records
24. (1) A home shall maintain a separate bank account in which shall be deposited the revenues of the home and out of which shall be paid the expenditures of the home. R.R.O. 1990, Reg. 637, s. 24 (1). (2) Subsection (1) does not apply to a home that is established and maintained by a city and that is not a joint home. R.R.O. 1990, Reg. 637, s. 24 (2).
Forms and Records
25. (1) A home shall keep a written record or series of records of each resident that shall be maintained in confidence and each record shall be retained by the home for at least twenty years after the last entry in the record with respect to the resident or, where the resident dies, for at least five years after the death of the resident. R.R.O. 1990, Reg. 637, s. 25 (1). (2) The record shall include, (a) a detailed report of the social and medical history of a resident before admission and all physical and mental examinations and all illnesses and accidents after admission; (b) any agreements approved under section 11 of the Act; (c) where a resident is discharged from the home, the name and address of the person or institution to whom or to which he or she goes and the date of discharge; (d) where a resident dies, a report of the time, date and circumstances of the death, the name and address of the person, if any, who claims the body, the date that the notice of death is given to the coroner in accordance with clause 5 (t) and the name of the coroner; (e) a separate statement of account for each resident of the charges made for his or her maintenance in the home, and the amounts paid to the home by the resident or on his or her behalf, other than the amounts paid on his or her behalf by a municipality, except that where a municipality that has an agreement with the home under section 7 of the Act makes a payment on behalf of a resident such payment shall be recorded in his or her statement of account. (f) Revoked: O. Reg. 371/93, s. 12. R.R.O. 1990, Reg. 637, s. 25 (2); O. Reg. 371/93, s. 12. (3) The following persons may inspect and receive information from a resident’s record and may reproduce such information and retain copies: 1. A person appointed by the Director to collect information to determine the consistency and accuracy of information collected by collectors. 2. A person appointed by the Director to train persons described in paragraph 1. O. Reg. 335/04, s. 2. (4) In subsection (3), “collectors” means persons appointed by the Director to collect information for one or both of the following: 1. To assess and classify residents to determine the level of care required by them. 2. To determine and plan for the care that may be required, in the future, by residents of homes. O. Reg. 335/04, s. 2. (5) Revoked: O. Reg. 335/04, s. 2.
Forms and Records
25.1 (1) The municipality, municipalities or board maintaining and operating a home shall report to the Director in full detail each of the following occurrences in the home: 1. A fire. 2. An assault. 3. An injury in respect of which a person is taken to a hospital. 4. A communicable disease outbreak. 5. A death resulting from an accident or an undetermined cause. O. Reg. 372/94, s. 11. (2) The municipality, municipalities or board shall make the report promptly after the occurrence in the form provided by the Minister. O. Reg. 372/94, s. 11. Medical and Related Services