jswizzle3737/ontario_laws_and_regs huggingface dataset:
Resident Payment
44. If a long-stay resident of an approved charitable home for the aged who is on a medical absence or a psychiatric absence agrees in writing with the approved corporation maintaining and operating the home to pay a bed-holding amount in accordance with section 47, the maximum amount that may be demanded or accepted by or on behalf of the approved corporation for providing the resident with accommodation shall be increased by the bed-holding amount the resident has agreed to pay. O. Reg. 368/93, s. 15; O. Reg. 236/94, s. 2.
Resident Payment
45. (1) For the purpose of sections 42 to 44, (a) each long-stay resident of an approved charitable home for the aged 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 an approved charitable home for the aged 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. 11/97, s. 6. (2) Despite clause (1) (a), a long-stay resident of an approved charitable home for the aged 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 approved charitable home for the aged, a nursing home under the Nursing Homes Act or a home under the Homes for the Aged and Rest Homes Act. O. Reg. 11/97, s. 6.
Resident Payment
46. For the purpose of sections 42 to 44, when a resident of an approved charitable home for the aged is absent from the home but has not been discharged, the approved corporation 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. 236/94, s. 3; O. Reg. 178/95, s. 7.
Resident Payment
46.1 (1) Before increasing the fee payable by a resident for accommodation, an approved corporation maintaining and operating an approved charitable home for the aged shall give the resident at least 30 days written notice of the corporation’s proposal to increase the fee and the amount of the proposed increase. O. Reg. 314/94, s. 3. (2) An increase by an approved corporation of the fee payable by a resident for accommodation is void if the corporation has not given the notice required by this section. O. Reg. 314/94, 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 43 or 43.1 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. 314/94, s. 3; O. Reg. 192/95, s. 4. Payment for Day Following Discharge
Payment for Day Following Discharge
46.2 If, at the request of a person who has been discharged from an approved charitable home for the aged as a long-stay resident, at the request of a member of the person’s family or at the request of a person notified by the approved corporation of the discharge, the approved corporation 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 approved corporation may charge the discharged person the amount that it would have charged him or her for accommodation for the day following the day of discharge had he or she been a long-stay resident lodged in the room on that day. O. Reg. 178/95, s. 8. Absences
Absences
47. (1) Subject to subsections 20.1 (2) and (3), if the requirements set out in subsection (2) are met, an approved corporation maintaining and operating an approved charitable home for the aged 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. 236/94, s. 3; O. Reg. 371/94, s. 12. (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 approved corporation 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 approved corporation 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. 236/94, s. 3; O. Reg. 178/95, s. 9 (1, 2); O. Reg. 11/97, s. 7. (3) Revoked: O. Reg. 341/96, s. 7. (4) The daily bed-holding amount for a day after March 31, 1995 is $53. O. Reg. 178/95, s. 9 (3).
Absences
48. (1) An approved corporation maintaining and operating an approved charitable home for the aged 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 47 (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 47 (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. 236/94, s. 3; O. Reg. 178/95, s. 10 (1). (2) Despite section 47, an approved corporation maintaining and operating an approved charitable home for the aged shall discharge a long-stay resident who does not pay the bed-holding amount that the resident has agreed to pay under subclause 47 (2) (a) (ii) or (c) (ii). O. Reg. 236/94, s. 3; O. Reg. 178/95, s. 10 (2). (3) An approved corporation maintaining and operating an approved charitable home for the aged 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. 236/94, s. 3; O. Reg. 178/95, s. 10 (3).
Absences
49. (1) When a long-stay resident of an approved charitable home for the aged is on a medical absence, a psychiatric absence or a vacation absence and when a short-stay resident of an approved charitable home for the aged is on a medical absence, the approved corporation maintaining and operating 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. 236/94, s. 3. (2) An approved corporation maintaining and operating an approved charitable home for the aged 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 approved corporation 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. 236/94, s. 3; O. Reg. 63/03, s. 7 (1). (3) An approved corporation maintaining and operating an approved charitable home for the aged 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 of the home 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. 236/94, s. 3; O. Reg. 63/03, s. 7 (2).
Absences
50. The provisions of this Regulation relating to the care and treatment of a resident of an approved charitable home for the aged do not apply to a resident who is on a medical absence, a psychiatric absence, a casual absence or a vacation absence. O. Reg. 236/94, s. 3.
Absences
51. An approved corporation maintaining and operating an approved charitable home for the aged 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. 236/94, s. 3. Posting
Posting
52. An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that the copy of section 3.1 of the Act that it posts in the home, as required under clause 9.18 (1) (a) of the Act, is a copy of both the English and the French versions of section 3.1 and that both versions appear in large print. O. Reg. 371/94, s. 13.
Posting
53. (1) An approved corporation maintaining and operating an approved charitable home for the aged 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 28.6; (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. 371/94, s. 13. (2) The items mentioned in clauses (1) (b), (c) and (d) shall be posted in large print. O. Reg. 371/94, s. 13.
Posting
54. An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that, (a) all documents and information required to be posted in the home under section 9.18 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 53 (1) (d) is posted in several prominent places in the home. O. Reg. 371/94, s. 13; O. Reg. 535/94, s. 3. Notice
Notice
55. An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that the matters referred to in clause 9.17 (1) (a) of the Act are set out in both English and French in each notice given under subsection 9.17 (1) of the Act. O. Reg. 371/94, s. 13.
Notice
56. In addition to complying with clauses 9.17 (1) (a), (b), (c) and (d) of the Act, the notice required to be given under subsection 9.17 (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 name and address of the approved corporation and the names and addresses of its directors and officers; (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 which the approved corporation charges 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 9.17 (1) (b) of the Act, that the approved corporation offers to residents or that the approved corporation 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 approved corporation under the Act in relation to property it holds 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. 371/94, s. 13. Plan of Care
Plan of Care
57. An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that the plan of care developed for a resident under clause 9.15 (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. 371/94, s. 13.
Plan of Care
58. (1) An approved corporation maintaining and operating an approved charitable home for the aged 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. 63/03, s. 8. (2) An approved corporation maintaining and operating an approved charitable home for the aged 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. 371/94, s. 13. Nutritional Care
Nutritional Care
58.1 An approved corporation maintaining and operating an approved charitable home for the aged 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. 337/04, s. 4. Quality Management
Quality Management
59. An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that the quality management system implemented for the home under section 9.16 of the Act includes, without limitation, (a) the regular monitoring of the satisfaction of the residents, the members of the residents’ families, and the persons who are lawfully authorized to make a decision on behalf of a resident concerning the resident’s personal care, with the accommodation, care, services, programs and goods provided to the residents; (b) the participation of the members of the staff of the home in quality management activities; and (c) the keeping of a record of all of the quality management activities undertaken in relation to the home. O. Reg. 371/94, s. 13. Information
Information
59.1 When a person who wishes to seek admission to an approved charitable home for the aged 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. 119/02, s. 4. Eligibility for Admission
Eligibility for Admission
60. In sections 61, 62, 63 and 64, “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 an approved charitable home for the aged. O. Reg. 371/94, s. 13.
Eligibility for Admission
61. (1) An applicant shall be determined to be eligible for admission to an approved charitable home for the aged 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 an approved charitable home for the aged. O. Reg. 371/94, s. 13. (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. 371/94, s. 13. (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. 371/94, s. 13. (4), (5) Revoked: O. Reg. 119/02, s. 5. (6) This section does not apply to an applicant who is applying for a determination respecting his or her eligibility for admission to an approved charitable home for the aged as a short-stay resident in the respite care or supportive care program. O. Reg. 371/94, s. 13.
Eligibility for Admission
62. (1) An applicant shall be determined to be eligible for admission to an approved charitable home for the aged 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 approved charitable home for the aged; and (c) the applicant meets the requirements of clauses 61 (1) (a), (b), (c) and (e). O. Reg. 371/94, s. 13. (2) An applicant shall be determined to be eligible for admission to an approved charitable home for the aged 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 an approved charitable home for the aged; (b) it is anticipated that the applicant will be returning to his or her residence within 90 days after admission to the approved charitable home for the aged; and (c) the applicant meets the requirements of clauses 61 (1) (a), (b), (c) and (e). O. Reg. 371/94, s. 13.
Eligibility for Admission
63. Despite section 61, an applicant shall be determined to be eligible for admission to an approved charitable home for the aged 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 an approved charitable home for the aged 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 an approved charitable home for the aged. O. Reg. 371/94, s. 13.
Eligibility for Admission
64. Despite section 61, the following applicants shall be determined to be eligible for admission to an approved charitable home for the aged as long-stay residents: 1. A long-stay resident requesting a transfer to another approved charitable home for the aged as a long-stay resident. 2. A long-stay resident under the Nursing Homes Act or the Homes for the Aged and Rest Homes Act requesting a transfer to an approved charitable home for the aged as a long-stay resident. O. Reg. 371/94, s. 13.
Eligibility for Admission
64.1 Despite section 61, an applicant who is a veteran shall be determined eligible for admission to an approved charitable home as a long-stay resident if the applicant is an insured person under the Health Insurance Act. O. Reg. 640/98, s. 3. Application for Determination of Eligibility
Application for Authorization of Admission
66. A person may apply for authorization of his or her admission to an approved charitable home for the aged only after the person has been determined by a placement co-ordinator to be eligible for admission. O. Reg. 371/94, s. 13.
Application for Authorization of Admission
67. (1) To apply for authorization of his or her admission to an approved charitable home for the aged, a person shall provide to the placement co-ordinator designated for the home under subsection 9.6 (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 65 (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) in the opinion of the placement co-ordinator, the approved corporation maintaining and operating the home does not 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 74 to 79.4. O. Reg. 371/94, s. 13; O. Reg. 178/95, s. 11; O. Reg. 119/02, s. 7 (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 approved charitable home for the aged, a re-opened approved charitable home for the aged or a replacement approved charitable home for the aged made by a person who is a long-stay resident of the original approved charitable home for the aged or was a long-stay resident of the original approved charitable home for the aged immediately before the closure of his or her bed in the home. O. Reg. 119/02, s. 7 (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. 371/94, s. 13. Approval by Approved Corporation
Approval by Approved Corporation
68. (1) Subject to sections 68.1 and 69.1, when a person who has been determined by a placement co-ordinator to be eligible for admission to an approved charitable home for the aged applies for authorization of his or her admission to a particular approved charitable home for the aged, the placement co-ordinator designated for the home under subsection 9.6 (3) of the Act shall, (a) give the approved corporation maintaining and operating the home the information possessed by the placement co-ordinator that is relevant to the approved corporation’s determination of whether to give or withhold approval for the person’s admission to the home; and (b) request the approved corporation to determine whether to give or withhold approval for the person’s admission to the home. O. Reg. 371/94, s. 13; O. Reg. 119/02, s. 8. (2) An approved corporation maintaining and operating an approved charitable home for the aged 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 approved corporation approves the person’s admission; or (b) if the approved corporation is withholding approval for the person’s admission, give the written notice required under subsection 9.6 (15) of the Act to the persons mentioned in subsection 9.6 (15) of the Act. O. Reg. 371/94, s. 13. (3) In counting five days for the purpose of subsection (2), holidays shall not be included. O. Reg. 371/94, s. 13. (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. 371/94, s. 13; O. Reg. 590/07, s. 1.
Approval by Approved Corporation
68.1 (1) A placement co-ordinator shall not provide the information and request referred to in subsection 68 (1) to an approved corporation maintaining and operating an approved charitable home for the aged selected by an applicant if, at that point in time, the total number of approved charitable homes for the aged, nursing homes under the Nursing Homes Act and homes under the Homes for the Aged and Rest Homes Act, which have approved or are considering the applicant’s admission, is three or more. O. Reg. 119/02, s. 9. (2) If, at a later point in time, the total number of approved charitable homes for the aged, nursing homes under the Nursing Homes Act and homes under the Homes for the Aged and Rest 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 68 (1) to an approved corporation maintaining and operating another approved charitable home for the aged selected by the applicant so long as, at any point in time, the total number of approved charitable homes for the aged, nursing homes under the Nursing Homes Act and homes under the Homes for the Aged and Rest Homes Act, which have approved or are considering the applicant’s admission, does not exceed three. O. Reg. 119/02, s. 9. (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 approved charitable home for the aged if the approved corporation approves his or her admission to the home. O. Reg. 119/02, s. 9.
Approval by Approved Corporation
69. (1) Subject to section 69.1, an approved corporation may withdraw its approval of a person’s admission to an approved charitable home for the aged 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 9.6 (14) of the Act exists. O. Reg. 371/94, s. 13; O. Reg. 119/02, s. 10. (2) An approved corporation that withdraws its approval of a person’s admission to an approved charitable home for the aged under subsection (1) shall give to the person, the Director and the placement co-ordinator designated for the home under subsection 9.6 (3) of the Act a written notice, (a) stating that the approved corporation is withdrawing its approval of the person’s admission; and (b) setting out the ground or grounds on which the approved corporation is withholding approval and a detailed explanation of the supporting facts. O. Reg. 371/94, s. 13.
Approval by Approved Corporation
69.1 (1) Sections 68 and 69 do not apply to a related temporary approved charitable home for the aged, a re-opened approved charitable home for the aged or a replacement approved charitable home for the aged. O. Reg. 119/02, s. 11. (2) The approved corporation maintaining and operating a related temporary approved charitable home for the aged, a re-opened approved charitable home for the aged or a replacement approved charitable home for the aged 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 approved charitable home for the aged or was a long-stay resident of the original approved charitable home for the aged immediately before the closure of his or her bed in the home. O. Reg. 119/02, s. 11. Keeping of Waiting List
Keeping of Waiting List
70. (1) Each placement co-ordinator shall keep a waiting list for each of the approved charitable homes for which the placement co-ordinator is designated under subsection 9.6 (3) of the Act. O. Reg. 640/98, s. 5. (2) The placement co-ordinator shall place on the waiting list, rank for admission and remove from the list, in accordance with sections 71 to 81, any person described in section 71 other than a person who is to be placed on the waiting list for interim beds under section 84. O. Reg. 640/98, s. 5; O. Reg. 119/02, s. 12 (1). (3) Each placement co-ordinator shall also keep a refusal list for the purposes of section 72. O. Reg. 119/02, s. 12 (2).
Keeping of Waiting List
71. (1) The placement co-ordinator designated for an approved charitable home for the aged under subsection 9.6 (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 an approved charitable home for the aged; (b) the person applies in accordance with this Regulation for authorization of his or her admission to the home; (c) the approved corporation maintaining and operating 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 approved charitable homes for the aged, nursing homes under the Nursing Homes Act and homes under the Homes for the Aged and Rest Homes Act on which the person is placed exceeding three. O. Reg. 119/02, s. 13. (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. 119/02, s. 13
Keeping of Waiting List
72.1 (1) A person may be removed from the waiting list for an approved charitable home for the aged to which the person is awaiting admission as a short-stay resident if the placement co-ordinator designated for the home under subsection 9.6 (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. 119/02, s. 13. (2) A person who is removed from the waiting list for an approved charitable home for the aged 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 9.6 (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. 119/02, s. 13. Placement into Categories on Waiting List
Placement into Categories on Waiting List
73. Sections 74 to 79.4 apply only to persons who meet the requirements of section 71 or subsection 72 (3) or (4) or 72.1 (2) for placement on a waiting list. O. Reg. 119/02, s. 13.
Placement into Categories on Waiting List
74. (1) A person shall be placed in category 1A on the waiting list for an approved charitable home for the aged if the person requires immediate admission as a result of a crisis arising from the person’s condition or circumstances. O. Reg. 119/02, s. 13. (2) A person shall be placed in category 1A on the waiting list for an approved charitable home for the aged 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. 119/02, s. 13. (3) A person shall be placed in category 1A on the waiting list for an approved charitable home for the aged if, (a) the person is a long-stay resident of another approved charitable home for the aged, a nursing home under the Nursing Homes Act or a home under the Homes for the Aged and Rest 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. 119/02, s. 13.
Placement into Categories on Waiting List
74.1 A person shall be placed in category 1A1 on the waiting list for an approved charitable home for the aged 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 approved charitable home for the aged or neither the person nor his or her spouse or partner is a long-stay resident of the approved charitable home for the aged but both wish to reside in the approved charitable home for the aged; and (c) the person meets the eligibility criteria set out in subsection 61 (1). O. Reg. 337/04, s. 5.
Placement into Categories on Waiting List
75. A person shall be placed in category 1B on the waiting list for an approved charitable home for the aged 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. 119/02, s. 13; O. Reg. 337/04, s. 6.
Placement into Categories on Waiting List
75.1, 75.2 Revoked: O. Reg. 119/02, s. 13.
Placement into Categories on Waiting List
77. Despite sections 74 to 76, a person shall be placed in the veteran category on the waiting list for an approved charitable home for the aged 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. 119/02, s. 13.
Placement into Categories on Waiting List
78.  (1) Despite sections 74 to 76, a person shall be placed in the exchange category on the waiting list for an approved charitable home for the aged 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 approved charitable home for the aged, a nursing home under the Nursing Homes Act or a home under the Homes for the Aged and Rest Homes Act; (b) the person is the subject of an agreement between the approved charitable home for the aged 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 approved charitable home for the aged to which the person seeks admission and a resident of the approved charitable home for the aged will be discharged. O. Reg. 119/02, s. 13. (2) Despite sections 74 to 76, 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. 366/08, s. 1. (3) In subsection (2), “long-term care home” means, (a) an approved charitable home for the aged; (b) a home under the Homes for the Aged and Rest Homes Act; or (c) a nursing home under the Nursing Homes Act. O. Reg. 366/08, s. 1.
Placement into Categories on Waiting List
79. Despite sections 74 to 76 and section 78 but subject to section 77, a person shall be placed in the related temporary approved charitable home for the aged category on the waiting list for an approved charitable home for the aged if, (a) the approved charitable home for the aged is or will be a related temporary approved charitable home for the aged; and (b) the person is a long-stay resident of the original approved charitable home for the aged or was a long-stay resident of the original approved charitable home for the aged immediately before the closure of his or her bed in the home. O. Reg. 119/02, s. 13.
Placement into Categories on Waiting List
79.1 Despite sections 74 to 76 and section 78 but subject to section 77, a person shall be placed in the re-opened approved charitable home for the aged category on the waiting list for an approved charitable home for the aged if, (a) the approved charitable home for the aged is or will be a re-opened approved charitable home for the aged; and (b) the person is a long-stay resident of the original approved charitable home for the aged or was a long-stay resident of the original approved charitable home for the aged immediately before the temporary closure of his or her bed in the home. O. Reg. 119/02, s. 13.
Placement into Categories on Waiting List
79.2 Despite sections 74 to 76 and section 78 but subject to section 77, a person shall be placed in the replacement approved charitable home for the aged category on the waiting list for an approved charitable home for the aged if, (a) the approved charitable home for the aged is or will be a replacement approved charitable home for the aged; and (b) the person is a long-stay resident of the original approved charitable home for the aged or was a long-stay resident of the original approved charitable home for the aged immediately before the permanent closure of his or her bed in the home. O. Reg. 119/02, s. 13.
Placement into Categories on Waiting List
79.3 A person shall be placed in category 3 on the waiting list for an approved charitable home for the aged if the person does not meet the requirements for placement in any other category. O. Reg. 119/02, s. 13.
Placement into Categories on Waiting List
79.4 (1) Sections 74 to 79.3 do not apply to a person applying for authorization of admission to an approved charitable home for the aged as a short-stay resident in the respite care or supportive care program. O. Reg. 119/02, s. 13. (2) A person referred to in subsection (1) shall be placed in the short-stay category on the waiting list for the approved charitable home for the aged. O. Reg. 119/02, s. 13. Ranking of Categories
Ranking of Categories
80. For each class of beds set out in a column of Table 5, 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. 119/02, s. 13. Ranking Within Categories
Ranking Within Categories
81. (1) Within a waiting list category set out in Column 1 of Table 6, persons shall be ranked for admission in accordance with the rules set out opposite the category in Column 2 of Table 6. O. Reg. 119/02, s. 13. (2) If, within six weeks after making his or her first application for authorization of admission to one or more approved charitable homes for the aged, nursing homes under the Nursing Homes Act or homes under the Homes for the Aged and Rest Homes 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 approved charitable homes for the aged as a long-stay resident, the additional applications made within the six-week period shall, for the purpose of Table 6, be deemed to have been made at the time that the first application was made. O. Reg. 119/02, s. 13. (3) If a person who was determined by a placement co-ordinator to be ineligible for admission to an approved charitable home for the aged 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 9.10 (2) of the Act or an appeal to the Divisional Court under subsection 9.13 (1) of the Act, and if the person then makes an application for authorization of his or her admission to one or more approved charitable homes for the aged, homes under the Homes for the Aged and Rest Homes Act or nursing homes under the Nursing Homes Act as a long-stay resident, (a) that application for authorization shall, for the purposes of Table 6, 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 approved charitable homes for the aged 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 6, be deemed to have been made at the time that the first application is deemed under clause (a) to have been made. O. Reg. 119/02, s. 13. (4) Despite subsection (2), if a person provides to the placement co-ordinator designated for an approved charitable home for the aged under subsection 9.6 (3) of the Act a new request for authorization of admission to the home under subsection 72 (3) or (4) or 72.1 (2), the person shall, for the purpose of Table 6, be deemed to have applied for authorization of admission to the home at the time of the provision of the new request. O. Reg. 119/02, s. 13.
Ranking Within Categories
82., 83. Revoked: O. Reg. 119/02, s. 13. Waiting List for Interim Beds