jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation
1.1 For the purposes of the Act and this Regulation, “veteran” means a veteran as defined in subsection 2 (1) of the War Veterans’ Allowance Act (Canada). O. Reg. 640/98, s. 1. Approval and Specification
Approval and Specification
2. For the purposes of subsection 3 (1) of the Act, the following classes of charitable institutions may be approved by the Minister, (a) halfway houses where rehabilitative residential group care may be provided for adult persons; (b) homes for the aged; (c) homes where residential group care may be provided for handicapped or convalescent adult persons; (d) hostels; and (e) charitable institutions for miscellaneous purposes. R.R.O. 1990, Reg. 69, s. 2; O. Reg. 368/93, s. 2. PART I   GENERAL
Approval and Specification
3. (1) Revoked: O. Reg. 371/94, s. 2. (2) Except for sections 4, 6, 7, 13, 21, 22, 23 and 24, this Part does not apply to any hostel approved by the Minister under subsection 3 (1) of the Act or to an approved corporation in respect of a hostel that it maintains and operates. R.R.O. 1990, Reg. 69, s. 3. Rules Governing Charitable Institutions
Rules Governing Charitable Institutions
4. An approved corporation, if requested by the Minister, shall file with the Minister evidence that the whole or any part of a building or buildings used or to be used as a charitable institution complies with, (a) the laws affecting the health of inhabitants of the municipality in which the facility is located; (b) any rule, regulation, direction or order of the local board of health and any direction or order of the medical officer of health; (c) any by-law of the municipality in which the facility is located or other law for the protection of persons from fire hazards; (d) any restricted area, standard of housing or building by-law passed by the municipality in which the facility is located under Part III of the Planning Act or any predecessor thereof; (e) the requirements of Ontario Regulation 403/97 (Building Code) made under the Building Code Act, 1992; and (f) the requirements of the Electrical Safety Code made under the Electricity Act, 1998. R.R.O. 1990, Reg. 69, s. 4; O. Reg. 149/99, s. 1; O. Reg. 315/06, s. 1.
Rules Governing Charitable Institutions
5. (1) In every charitable institution the board shall provide, (a) nourishing meals at regular intervals prepared by or under the supervision of a competent person; (b) adequate and sanitary supplies of milk and drinking water; and (c) sleeping accommodation for each resident with the beds so placed that no bed overlaps a window or radiator and no bed at any point is nearer to any other bed than 76 centimetres. R.R.O. 1990, Reg. 69, s. 5 (1). (2) Revoked: O. Reg. 586/94, s. 1.
Rules Governing Charitable Institutions
5.1 (1) An approved corporation maintaining and operating a charitable institution other than an approved charitable home for the aged shall ensure that the institution is maintained at a temperature of at least 20 degrees Celsius from October 1 to May 31 in each year. O. Reg. 586/94, s. 2. (2) An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that the home is maintained at a temperature of at least 22 degrees Celsius at all times. O. Reg. 586/94, s. 2.
Rules Governing Charitable Institutions
5.2 An approved corporation maintaining and operating an approved charitable home for the aged 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. 586/94, s. 2.
Rules Governing Charitable Institutions
7. A charitable institution located in a municipality that does not have public fire protection shall be provided with a complete automatic sprinkler system that complies with standards prescribed under the Building Code Act, 1992.  R.R.O. 1990, Reg. 69, s. 7; O. Reg. 315/06, s. 3.
Rules Governing Charitable Institutions
8. In every charitable institution the board shall, (a) arrange for suitable religious services to be available for all residents; (b) provide opportunities for the residents to participate in recreational, rehabilitative and hobby-craft activities; and (c) ensure that each resident receives, at all times, care adequate for and consistent with his or her individual needs. R.R.O. 1990, Reg. 69, s. 8.
Rules Governing Charitable Institutions
8.1 (1) Without restricting the generality of clause 8 (c), the nursing staff of each charitable institution 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. 235/02, s. 1. (2) Without restricting the generality of any of the requirements of subsection (1) or of clause 8 (c), the nursing staff of each approved charitable home for the aged 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. 337/04, s. 2. (3) In subsection (2), “bath” means a tub bath or full body sponge bath. O. Reg. 337/04, s. 2. Qualifications, Powers and Duties of Staffs
Qualifications, Powers and Duties of Staffs
9. (1) A board shall appoint a person as administrator of the charitable institution maintained and operated by it who shall be approved by the Minister and shall be responsible to the board for the efficient management and operation of the institution. R.R.O. 1990, Reg. 69, s. 9 (1). (2) Before giving approval under subsection (1) to the appointment of an administrator of an approved charitable home for the aged, the Minister shall be satisfied that the appointee has served satisfactorily as an administrator of the home for a period of at least six months and has successfully completed a course of instruction that is approved by the Minister. R.R.O. 1990, Reg. 69, s. 9 (2); O. Reg. 368/93, s. 3. (3) Revoked: O. Reg. 11/97, s. 2.
Qualifications, Powers and Duties of Staffs
10. (1) The administrator of an approved charitable home for the aged shall be bonded by a bond of a guarantee company approved under the Guarantee Companies Securities Act in an amount satisfactory to the board. R.R.O. 1990, Reg. 69, s. 10 (1); O. Reg. 368/93, s. 4. (2) The board of the institution shall pay the cost of the bond provided under subsection (1). R.R.O. 1990, Reg. 69, s. 10 (2).
Qualifications, Powers and Duties of Staffs
11. (1) No board shall appoint an administrator or person to act temporarily as an administrator or employ a person on the staff of the charitable institution maintained and operated by it until the person so appointed or employed has obtained from a physician a certificate certifying that he or she is, (a) free from active tuberculosis or other communicable or contagious disease; and (b) physically fit to undertake his or her duties in the institution. R.R.O. 1990, Reg. 69, s. 11 (1). (2) At least once a year the administrator and each staff member of the institution shall obtain the certificate prescribed in subsection (1). R.R.O. 1990, Reg. 69, s. 11 (2). (3) This section does not apply to a charitable institution that is an approved charitable home for the aged. O. Reg. 371/94, s. 4.
Qualifications, Powers and Duties of Staffs
11.1 Revoked: O. Reg. 11/97, s. 3.
Qualifications, Powers and Duties of Staffs
12. Where a resident of a charitable institution dies, the administrator shall give notice of the death to a coroner other than a coroner who is the physician appointed under section 14 as the physician for the institution. R.R.O. 1990, Reg. 69, s. 12. Staff Training
Staff Training
12.1 An approved corporation maintaining and operating an approved charitable home for the aged 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. 586/94, s. 4. Additional Powers and Duties of Provincial Supervisors
Additional Powers and Duties of Provincial Supervisors
13. (1) Subsection (2) applies only to inspections under section 10 of the Act of charitable institutions other than approved charitable homes for the aged. O. Reg. 368/93, s. 5. (2) A provincial supervisor shall inspect, (a) each charitable institution for the purpose of determining compliance with the Act and this Regulation and for any other purpose as required by the Minister; (b) the building or buildings and accommodation, the sanitary and eating facilities, the recreational, rehabilitative and hobby-craft facilities and equipment, the fire equipment and fire precautions; and (c) the dietary standards and appraise the nutritional standards for the residents, including those on special diets. R.R.O. 1990, Reg. 69, s. 13 (2). Medical and Related or Ancillary Services
Medical and Related or Ancillary Services
14. (1) An approved corporation maintaining and operating a charitable institution shall appoint a physician for the institution to ensure that medical services are provided to each resident of the institution in accordance with his or her needs. O. Reg. 586/94, s. 5. (2) In the case of the appointment of a physician for a charitable institution that is not an approved charitable home for the aged, the approved corporation shall make the appointment with the approval of the Minister. O. Reg. 586/94, s. 5. (3) In the case of the appointment of a physician for a charitable institution that is an approved charitable home for the aged, the approved corporation shall not appoint any of its directors or officers as the physician for the institution. O. Reg. 586/94, s. 5. (4) If, on December 1, 1994, the person who has been appointed as the physician for an approved charitable home for the aged is a director or officer of the approved corporation maintaining and operating the home, the approved corporation shall revoke the appointment of that person as the physician for the institution and shall appoint a new physician for the institution in accordance with subsections (1) and (3). O. Reg. 586/94, s. 5. (5) An approved corporation maintaining and operating an approved charitable home for the aged shall notify the Director in writing of the name, address, telephone number and date of appointment of the physician for the institution, and whenever there is a change in any of such information provided to the Director relating to the physician for the institution, the approved corporation shall notify the Director in writing of the change. O. Reg. 586/94, s. 5. (6) An approved corporation maintaining and operating a charitable institution may appoint one or more registered nurses in the extended class for the institution, and, if the approved corporation does so, the approved corporation shall obtain a written statement signed by each of those registered nurses in the extended class stating that he or she will advise the administrator on care matters in the institution that are within the competence of a registered nurse in the extended class. O. Reg. 63/03, s. 2. (7) The registered nurse in the extended class appointed under subsection (6) shall comply with the “Standards for Consultation with Physicians by RN(EC)s” including “Collaboration” set out in the publication of the College of Nurses of Ontario entitled “Standards of Practice for Registered Nurses who hold an extended class certificate of registration” as amended from time to time. O. Reg. 63/03, s. 2. (8) An approved corporation maintaining and operating a charitable institution shall notify the Director in writing of the name, address, telephone number and date of appointment of each registered nurse in the extended class appointed under subsection (6) and, wherever there is a change in any of that information, the approved corporation shall notify the Director in writing of the change. O. Reg. 63/03, s. 2.
Medical and Related or Ancillary Services
16. (1) The administrator of a charitable institution that is approved by the Minister under subsection 3 (1) of the Act as a home for the aged, the physician appointed under section 14 and the nurse in charge shall develop and maintain written policies on the use of restraining devices and agents including the types of devices or agents intended to be used and such policies shall be subject to the approval of the Minister. R.R.O. 1990, Reg. 69, s. 16 (1). (2) No device or agent for restraining a person shall be applied to a resident unless the device or agent has been ordered in writing by the attending physician and the device or agent is of a type approved under subsection (1). R.R.O. 1990, Reg. 69, s. 16 (2).
Medical and Related or Ancillary Services
17. (1) Where an approved corporation maintains and operates an approved charitable home for the aged or a charitable institution approved by the Minister under subsection 3 (1) of the Act as a home where residential group care may be provided for handicapped or convalescent persons, the board shall appoint at least one nurse or person with nursing experience to the staff of the institution and, where there are residents in bed care, at least one nurse so appointed shall be a registered nurse. R.R.O. 1990, Reg. 69, s. 17 (1); O. Reg. 368/93, s. 6. (2) There shall be employed such additional 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. 69, s. 17 (2). (3) Despite subsections (1) and (2), an approved corporation maintaining and operating an approved charitable home for the aged shall ensure that at least one registered nurse who is a member of the regular staff of the home is on duty and present in the home at all times. O. Reg. 337/04, s. 3. (4) Until August 1, 2005, subsection (3) does not apply to an approved corporation with respect to an approved charitable home for the aged having 80 beds or less. O. Reg. 414/04, s. 1
Medical and Related or Ancillary Services
17.1 (1) An approved corporation maintaining and operating an approved charitable home for the aged 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. 586/94, s. 6. (2) An approved corporation maintaining and operating an approved charitable home for the aged 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. 586/94, s. 6. (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. 586/94, s. 6. (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. 586/94, s. 6. (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. 586/94, s. 6.
Medical and Related or Ancillary Services
17.2 For the purpose of determining whether section 17.1 is being complied with, a person who holds more than one position at an approved charitable home for the aged or who works at an approved charitable home for the aged in more than one capacity shall be considered to be working in only one capacity at any one moment in time. O. Reg. 586/94, s. 6; O. Reg. 11/97, s. 4.
Medical and Related or Ancillary Services
17.3 An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that there are sufficient qualified administrative staff to manage and administer the home. O. Reg. 11/97, s. 5.
Medical and Related or Ancillary Services
18. (1) Before admitting a person to a charitable institution, the administrator or board shall ensure that, (a) the person has been given a medical examination by a physician who may be a physician appointed under section 14. R.R.O. 1990, Reg. 69, s. 18 (1); O. Reg. 371/94, s. 6 (1). (2) Revoked: O. Reg. 371/94, s. 6 (2). (3) A record of the medical examination of each person admitted to the institution shall be kept therein together with any recommendations made by the physician for medical treatment, immunization or for the special needs of the person. R.R.O. 1990, Reg. 69, s. 18 (3). (4)-(6) Revoked: O. Reg. 371/94, s. 6 (2). (7) The record required to be kept under subsection (3) shall be retained along with 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. 69, s. 18 (7); O. Reg. 371/94, s. 6 (3). (8) This section does not apply to approved charitable homes for the aged. O. Reg. 371/94, s. 6 (4).
Medical and Related or Ancillary Services
18.1 (1) An approved corporation maintaining and operating a charitable institution other than an approved charitable home for the aged shall ensure that each person who is admitted to the institution as a resident is given a skin test for tuberculosis unless the test is medically contra-indicated. O. Reg. 371/94, s. 7. (2) An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that each person who is admitted to the home as a resident is given a skin test for tuberculosis unless, (a) the person was given the skin test in an approved charitable home for the aged, a home under the Homes for the Aged and Rest Homes Act or a nursing home under the Nursing Homes Act less than one year before the date of admission; or (b) the test is medically contra-indicated. O. Reg. 371/94, s. 7. (3) The approved corporation shall ensure that the test required under subsection (1) or (2) is given, (a) within 14 days after the person’s admission, if the person is admitted for a period of at least 14 days; or (b) within the period for which the person is admitted, if the person is admitted for a period of less than 14 days. O. Reg. 371/94, s. 7.
Medical and Related or Ancillary Services
18.2 If the Ministry of Health gives an approved corporation maintaining and operating an approved charitable home for the aged a surveillance protocol for a particular communicable disease, the approved corporation shall implement the protocol. O. Reg. 371/94, s. 7. Medications
Discharge
20. (1) A resident may be discharged from an institution in accordance with the written practice and procedure of the board approved by the Director. R.R.O. 1990, Reg. 69, s. 20. (2) Subsection (1) does not apply to a resident of an approved charitable home for the aged. O. Reg. 371/94, s. 8.
Discharge
20.1 (1) No approved corporation shall discharge a resident from an approved charitable home for the aged unless permitted or required to do so by this section or section 48. O. Reg. 178/95, s. 1 (1). (2) An approved corporation may discharge a resident from an approved charitable home for the aged if, (a) the approved corporation 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 a 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. 371/94, s. 9; O. Reg. 119/02, s. 2; O. Reg. 63/03, s. 6. (2.1) An approved corporation shall discharge a resident from an approved charitable home for the aged when it is aware that the resident has died. O. Reg. 178/95, s. 1 (2). (3) An approved corporation may discharge a short-stay resident from an approved charitable home for the aged at the end of the period for which the resident was admitted to the home. O. Reg. 371/94, s. 9. (4) An approved corporation maintaining and operating an approved charitable home for the aged 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. 371/94, s. 9. (5) Before discharging a resident from an approved charitable home for the aged under clause (2) (b) or (c), the approved corporation maintaining and operating 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. 371/94, s. 9.
Discharge
20.2 (1) An approved corporation maintaining and operating an approved charitable home for the aged shall require the interdisciplinary team providing a resident’s care to inform the approved corporation 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. 119/02, s. 3. (2) If an approved corporation maintaining and operating an approved charitable home for the aged is informed by the interdisciplinary 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 approved corporation 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. 119/02, s. 3. Applications for Grants and Payments under Section 6 or 7 of the Act
Applications for Grants and Payments under Section 6 or 7 of the Act
21. For the purposes of sections 22 and 23, “actual cost” means the cost of a building project and includes, (a) fees payable for the services of an architect, professional engineer or other consultant, (b) the cost of purchasing and installing furnishings and equipment, (c) the cost of land surveys, soil tests, permits, licences and legal fees, (d) the cost of paving, sodding and landscaping, and (e) the cost of acquiring the land necessary for the building project; “approved cost” means that portion of the actual cost of a building project approved by the Minister; “building project” means a project composed of one or more of the following elements: (a) the purchase or other acquisition of all or any part of an existing building or buildings including the land contiguous thereto, (b) any renovations, alterations or additions to an existing building or buildings, (c) the purchase or other acquisition of vacant land for the purpose of constructing a building or buildings thereon, (d) the erection of a new building, or any part thereof, (e) the demolition of a building, (f) the installation of public utilities, sewers and items or services necessary for access to the land or building or buildings; “capital grant” means a grant under section 6 or 7 of the Act. R.R.O. 1990, Reg. 69, s. 21.
Applications for Grants and Payments under Section 6 or 7 of the Act
22. (1) An application for a capital grant shall be made to the Minister on a form provided by the Minister. R.R.O. 1990, Reg. 69, s. 22 (1). (2) An applicant who applies under subsection (1) shall file with the Minister two copies of a site plan showing the location of the building or buildings, if any, on the site and, in the case of a building project with one or more of the elements referred to in clauses (a), (b), (d) and (f) of the definition of “building project” in section 21, (a) building plans and specifications prepared by an architect or professional engineer showing the structure, fixtures and arrangements of the building or buildings and describing the areas of the building or buildings to be used for the purposes of the Act; or (b) where the Minister approves, structural sketches and specifications prepared by a person other than an architect or professional engineer describing the building or buildings and the areas of the building or buildings or contiguous to the building or buildings to be used for the purposes of the Act. R.R.O. 1990, Reg. 69, s. 22 (2). (3) No plan, specification or structural sketch filed with the Minister shall be amended or altered without the approval of the Minister. R.R.O. 1990, Reg. 69, s. 22 (3).
Applications for Grants and Payments under Section 6 or 7 of the Act
23. (1) The payment of a capital grant for a building project shall be made after the approved cost has been determined. R.R.O. 1990, Reg. 69, s. 23 (1). (2) A capital grant may be paid as a single payment or in two or more instalments and, except where the Minister directs otherwise, the aggregate of the amounts of the capital grant paid at any point in time shall not exceed, (a) an amount that bears the same proportion to the estimated total payment as the amount of progress made at the time towards completion of the project bears to the total estimated amount of work required for completion; or (b) an amount that bears the same proportion to the estimated total payment as the amount of cost incurred at the time bears to the total estimated cost of the project, whichever is the greater. R.R.O. 1990, Reg. 69, s. 23 (2). (3) A single payment or, in the case of payment in two or more instalments, the final payment of an amount payable for a building project shall be made after, (a) an architect or professional engineer certifies, or the Minister is otherwise satisfied, that the building project has been completed in accordance with the plans filed under clause 22 (2) (a) or the sketches thereof approved by the Minister under clause 22 (2) (b) and the building or addition is ready for use and occupancy; and (b) the applicant for the payment submits a report containing, (i) a statement of the actual cost of the building project, (ii) a statement indicating that all refundable sales tax has been taken into account, (iii) a statement indicating that the total amount of the unpaid accounts applicable to the building project does not exceed the amount of the grant remaining to be paid, and (iv) an undertaking that the amount of the grant remaining to be paid will be applied first to the payment of the unpaid accounts, and, in the case of a grant under clause 6 (b) of the Act, after an authorized officer of the board has submitted a report stating that an amount equal to at least 20 per cent of the actual cost of the building project has been paid to the corporation by the council of the municipality in which the building is situated. R.R.O. 1990, Reg. 69, s. 23 (3).
Applications for Grants and Payments under Section 6 or 7 of the Act
24. The board of an approved corporation shall keep and maintain a current inventory of all furnishings and equipment acquired by each charitable institution maintained and operated by it and the inventory shall set forth each addition to or removal from inventory and the reasons therefor and shall be prepared in such manner and contain such additional information as the Director may require. R.R.O. 1990, Reg. 69, s. 24. Payments under Section 8 of the Act
Payments under Section 8 of the Act
25. (1) An application by an approved corporation for a monthly payment under section 8 of the Act in respect of a charitable institution that is approved by the Minister under subsection 3 (1) of the Act as a halfway house where rehabilitative residential group care may be provided for adult persons or as a charitable institution for miscellaneous purposes shall be made in a form provided by the Minister and shall be submitted to the Director not later than the 20th day of the month following the month for which the application is made. R.R.O. 1990, Reg. 69, s. 25 (1). (2) The amount to be paid by Ontario to an approved corporation under section 8 of the Act in respect of a charitable institution that is approved by the Minister under subsection 3 (1) of the Act as a halfway house where rehabilitative residential group care may be provided for adult persons or as a charitable institution for miscellaneous purposes shall be computed in accordance with the form referred to in subsection (1) and a quarterly expenditure report in a form provided by the Minister. R.R.O. 1990, Reg. 69, s. 25 (2). (3) For the purpose of a computation referred to in subsection (2), the rate of 80 per cent shall apply to the cost of the care and maintenance of the residents. R.R.O. 1990, Reg. 69, s. 25 (3). (4) For the purposes of the form referred to in subsection (1), and the quarterly expenditure report referred to in subsection (2), “total daily cost of care and maintenance” means the daily cost determined in accordance with the form referred to in subsection (1) of providing care and maintenance for each person residing in an approved charitable institution including the portion of the fees, not exceeding $1.30 per month, for each bed based on the approved bed capacity of the institution, paid to a physician appointed under section 14 for all services prescribed in subsections 15 (2), (3) and (4), but not including any amount that would cause the average daily net operating expenditure to exceed the ceiling in Column 2 of Table 1 set out opposite the date the service was provided in Column 1 of Table 1 for each person residing in the institution. R.R.O. 1990, Reg. 69, s. 25 (4); O. Reg. 368/93, s. 9.
Payments under Section 8 of the Act
26. (1) An application by an approved corporation for a monthly payment under section 8 of the Act in respect of a charitable institution that is approved by the Minister under subsection 3 (1) of the Act as a home where residential group care may be provided for handicapped or convalescent adult persons shall be made in a form provided by the Minister and shall be submitted to the Director not later than the 20th day of the month following the month for which the application is made. R.R.O. 1990, Reg. 69, s. 26 (1); O. Reg. 368/93, s. 10 (1). (2) The amount to be paid by Ontario to an approved corporation under section 8 of the Act in respect of a charitable institution that is approved by the Minister under subsection 3 (1) of the Act as a home where residential care may be provided for handicapped or convalescent persons shall be computed in accordance with the form referred to in subsection (1) and a quarterly expenditure report in a form provided by the Minister. R.R.O. 1990, Reg. 69, s. 26 (2); O. Reg. 368/93, s. 10 (2). (3) For the purpose of the computation referred to in subsection (2), the rate of 80 per cent shall apply to the cost of the care and maintenance of the residents. O. Reg. 368/93, s. 10 (3). (4) For the purposes of the form referred to in subsection (1) and the quarterly expenditure report referred to in subsection (2), the daily cost of care and maintenance includes the portion of fees paid to a physician appointed under section 14 for all services prescribed in subsections 15 (2), (3) and (4) for each bed of a resident receiving the services, based on the approved bed capacity of the institution, where the fees do not exceed, (a) $5.60 per month in respect of costs incurred on and after the 1st day of April, 1991 up to and including the 31st day of March, 1992; and (b) $5.66 per month in respect of costs incurred on and after the 1st day of April, 1992. O. Reg. 224/92, s. 1; O. Reg. 368/93, s. 10 (4). (5) The daily cost referred to in subsection (4) does not include any amount that would cause the daily cost to exceed the ceiling in Column 2 of Table 1 set out opposite the date the service was provided in Column 1 of Table 1, for any person residing in the institution. R.R.O. 1990, Reg. 69, s. 26 (5); O. Reg. 368/93, s. 10 (5).
Payments under Section 8 of the Act
27. (1) For the purposes of the forms referred to in subsections 25 (1) and (2) and subsections 26 (1) and (2), “debt retirement payments” means principal and interest paid for any debt approved by the Minister in respect of a building for which a grant has not been paid under section 6 or 7 of the Act. R.R.O. 1990, Reg. 69, s. 27 (1). (2) Where the Minister approves, there may be paid to an approved corporation, prior to the corporation making application therefor, any part of the estimated monthly amount payable under section 8 of the Act and such amount shall be adjusted upon receipt by the Director of an application under subsection 25 (1) or subsection 26 (1), as the case may be, for any month of the period for which the payment was made. R.R.O. 1990, Reg. 69, s. 27 (2). (3) In determining the revenue for the purposes of the forms referred to in subsections 25 (1) and (2) and subsections 26 (1) and (2), an amount equal to all or any part of the rent or shelter cost paid by or on behalf of any resident may, with the approval of the Minister, be excluded. R.R.O. 1990, Reg. 69, s. 27 (3). (4) For the purposes of the forms referred to in subsections 25 (1) and (2) and subsections 26 (1) and (2), the net operating expenditures are subject to the approval of the Minister. R.R.O. 1990, Reg. 69, s. 27 (4). Classification
Classification
28. (1) The Minister shall ensure that in each year the residents of each approved charitable home for the aged undergo a classification process that includes the following steps: 1. The completion, by a person appointed by the Director, of a resident classification form for each resident of an approved charitable home for the aged who, on the day on which completion of resident classification forms for residents of the home is begun, is a long-stay resident of the home for whom a plan of care has been developed. 2. Based on information taken from the completed resident classification forms, the classification of each resident for whom such a form was completed into one of seven categories, named A through G, each successive category representing a higher level of nursing and other personal care requirements than the preceding category. O. Reg. 368/93, s. 11. (2) Subsection (1) does not apply to an approved charitable home for the aged in which less than half the number of beds agreed to be operated in the service agreement relating to the home are occupied on the day on which completion of resident classification forms for residents of the home is about to begin. O. Reg. 368/93, s. 11. Payments under Subsection 9 (1) of the Act
Payments under Subsection 9 (1) of the Act
28.1 (1) For 1996 and following years, the amount payable to an approved corporation in respect of an approved charitable home for the aged under subsection 9 (1) of the Act for a particular year shall be determined in accordance with, (a) the subsidy calculation worksheet for the year; (b) the semi-annual reports required to be given to the Minister under section 28.5 in respect of the year; and (c) the year-end report and auditor’s report required to be given to the Minister under section 28.6 in respect of the year. O. Reg. 341/96, s. 3. (2) The amount payable to an approved corporation in respect of an approved charitable home for the aged for a particular year pursuant to the subsidy calculation worksheet for the year shall be paid in monthly instalments or in such other instalments as the approved corporation and the Crown in right of Ontario agree to in the service agreement relating to the home. O. Reg. 341/96, s. 3.
Payments under Subsection 9 (1) of the Act
28.2-28.4 Revoked: O. Reg. 341/96, s. 3. Reconciliation
Reconciliation
28.5 (1) Forthwith after the first six months and the last six months of each year, an approved corporation that maintained and operated an approved charitable home for the aged during the year shall give to the Minister a semi-annual report for the home. O. Reg. 341/96, s. 4. (2) For the six-month period ending June 30, 1998 and the six-month period ending December 31, 1998, the semi-annual report shall be made on and in accordance with the document published by the Ministry of Health titled “Long-Term Care Facility Semi-Annual Report” and dated December 31, 1998. O. Reg. 181/01, s. 2 (1). (2.1) For the six-month period ending June 30, 1999 and for each subsequent six-month period, the semi-annual report shall be made on and in accordance with the semi-annual report form approved by the Minister. O. Reg. 181/01, s. 2 (2). (3) If the amount paid to an approved corporation in respect of an approved charitable home for the aged for the first six months of a year pursuant to the subsidy calculation worksheet for the year exceeds the estimated provincial subsidy for the six-month period, as determined in accordance with the semi-annual report for the period, the Minister may deduct the excess from subsequent payments to the approved corporation. O. Reg. 341/96, s. 4. (4) Revoked: O. Reg. 41/98, s. 1 (2).
Records and Returns
30. (1) Each corporation shall keep separate books of account for each charitable institution operated by it. R.R.O. 1990, Reg. 69, s. 30 (1). (2) The books of account shall, (a) set forth the revenue and expenditures of the institution; (b) contain a separate record of money received by the institution from sources other than under the Act; and (c) be audited at least once a year by a licensed public accountant. R.R.O. 1990, Reg. 69, s. 30 (2). (3) Each corporation shall keep a subsidiary ledger of the charges made and the payments received for the care and maintenance of the residents in each charitable institution operated by it. R.R.O. 1990, Reg. 69, s. 30 (3). (4) Each book of account and subsidiary ledger shall be retained by a corporation for at least six years from the date of the last entry in a book of account or ledger for a particular year. R.R.O. 1990, Reg. 69, s. 30 (4).
Records and Returns
31. (1) Subject to subsection (2), each corporation shall forward to the Minister for each charitable institution maintained and operated by it, (a) not later than the last day of the fourth month following the end of each fiscal year, the complete financial statement of the charitable institution for the immediately preceding fiscal year, together with the report of a licensed public accountant stating whether in his or her opinion, (i) the accountant has received all the information and explanations he or she has required, (ii) the financial statement and the claims for provincial subsidy are in accordance with the books and records of the institution, as the case may be, (iii) the calculation of the provincial subsidy is in accordance with the regulations, and (iv) 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 (b) such other financial and statistical information as the Minister may require. R.R.O. 1990, Reg. 69, s. 31 (1). (2) The fiscal year of a corporation is the period designated by the Minister as the fiscal year of the corporation. R.R.O. 1990, Reg. 69, s. 31 (2). (3) Clause (1) (a) does not apply to approved charitable homes for the aged in respect of fiscal years ending on or after June 30, 1994. O. Reg. 368/93, s. 13.
Records and Returns
31.1 (1) An approved corporation maintaining and operating an approved charitable home for the aged 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. 371/94, s. 10. (2) The approved corporation shall make the report promptly after the occurrence in the form provided by the Minister. O. Reg. 371/94, s. 10. Recovery by a Corporation or the Province
Trust Accounts
33. (1) Every board shall establish and maintain a trust account in a bank listed in Schedule I or II to the Bank Act (Canada), Province of Ontario Savings Office, a trust corporation registered under the Loan and Trust Corporations Act or a credit union incorporated under the Credit Unions and Caisses Populaires Act, 1994 or a predecessor of it in which all money of residents received by the administrator of the charitable institution for safekeeping shall be deposited. R.R.O. 1990, Reg. 69, s. 33 (1); O. Reg. 315/06, s. 4. (2) Where a resident has money upon admission to an approved charitable institution or receives money while resident therein, he or she may request the administrator to deposit it in the trust account referred to in subsection (1). R.R.O. 1990, Reg. 69, s. 33 (2). (3) Where a resident has money deposited for him or her in the trust account referred to in subsection (1), the resident may, subject to section 32, request the administrator to make all or any part of it available to him or her at any time. R.R.O. 1990, Reg. 69, s. 33 (3). (4) The administrator shall keep a separate book of account, that shall be retained for at least six years from the date the trust account referred to in subsection (1) is closed or becomes inactive, showing all deposits to and withdrawals from the trust account, the name of the resident for whom the deposit or withdrawal is made and the date of each deposit or withdrawal. R.R.O. 1990, Reg. 69, s. 33 (4). (5) The administrator shall provide a resident with a written receipt for all money received from the resident for deposit in the trust account referred to in subsection (1) and the resident shall provide the administrator with a written receipt for all money withdrawn from the account by the administrator for the resident. R.R.O. 1990, Reg. 69, s. 33 (5).
Trust Accounts
34. The trust account established under section 33 shall be audited annually by the licensed public accountant who audits the books of account and ledgers of the charitable institution. R.R.O. 1990, Reg. 69, s. 34. PART II   ADDITIONAL RULES GOVERNING CHARITABLE INSTITUTIONS FOR MISCELLANEOUS PURPOSES APPROVED BY THE MINISTER UNDER SUBSECTION 3 (1) OF THE ACT
Trust Accounts
35. This Part applies to the charitable institutions for miscellaneous purposes approved by the Minister under subsection 3 (1) of the Act. R.R.O. 1990, Reg. 69, s. 35.
Trust Accounts
36. (1) Each resident of a charitable institution who is under sixteen years of age shall, with the written permission of his or her parent or guardian, be immunized as required by the local medical officer of health. R.R.O. 1990, Reg. 69, s. 36 (1). (2) The administrator of a charitable institution shall prepare at six-month intervals a statement of the future plans for the care and maintenance of each resident and shall retain the statement in the resident’s file. R.R.O. 1990, Reg. 69, s. 36 (2).
Trust Accounts
37. A board having jurisdiction over any charitable institution to which this Part applies shall, in respect of every school-age resident in the institution, (a) provide for his or her educational requirements in a manner most suited to his or her needs; (b) provide opportunities for his or her religious education; and (c) provide vocational guidance for the resident and shall encourage him or her to develop a vocation. R.R.O. 1990, Reg. 69, s. 37. PART III   ADDITIONAL RULES GOVERNING APPROVED CHARITABLE HOMES FOR THE AGED
Trust Accounts
38. This Part applies to approved charitable homes for the aged. O. Reg. 368/93, s. 15. Definitions
Definitions
39. In this Part, “casual absence” means an absence of a resident from an approved charitable home for the aged for a period not exceeding forty-eight hours for a purpose other than receiving medical or psychiatric care or undergoing medical or psychiatric assessment; “medical absence” means an absence of a resident from an approved charitable home for the aged for the purpose of receiving medical care other than psychiatric care or for the purpose of undergoing medical assessment other than psychiatric assessment; “psychiatric absence” means an absence of a resident from an approved charitable home for the aged for the purpose of receiving psychiatric care or undergoing psychiatric assessment; “vacation absence” means an absence of a resident from an approved charitable home for the aged for a period exceeding forty-eight hours for a purpose other than receiving medical or psychiatric care or undergoing medical or psychiatric assessment. O. Reg. 236/94, s. 1.
Definitions
40. Revoked: O. Reg. 341/96, s. 6. Preferred Accommodation Maximum
Preferred Accommodation Maximum
40.1 An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that no more than 60 per cent of the bed capacity of the home is set aside as preferred accommodation. O. Reg. 371/94, s. 11. Resident Payment
Resident Payment
41. The maximum amounts that may be demanded or accepted by or on behalf of an approved corporation under clauses 9.3 (1) (a) and (b) of the Act shall be determined in accordance with sections 42 to 46.1. O. Reg. 314/94, s. 1.
Resident Payment
42. (1) The maximum daily amount that may be demanded or accepted by or on behalf of an approved corporation for providing a short-stay resident with accommodation during a period in Column 1 of Table 4 is the amount in Column 2 of Table 4 set out opposite the period. O. Reg. 178/95, s. 5. (2) The maximum monthly amount that may be demanded or accepted by or on behalf of an approved corporation for providing a long-stay resident with basic accommodation for a full month during a period in Column 1 of Table 4 is the amount in Column 3 of Table 4 set out opposite the period. O. Reg. 178/95, s. 5; O. Reg. 192/95, s. 1 (1). (3) The maximum daily amount that may be demanded or accepted by or on behalf of an approved corporation for providing a long-stay resident with basic accommodation for less than a full month during a period in Column 1 of Table 4 is the amount in Column 4 of Table 4 set out opposite the period. O. Reg. 178/95, s. 5; O. Reg. 192/95, s. 1 (2). (4) The maximum monthly amount that may be demanded or accepted by or on behalf of an approved corporation for providing a long-stay resident with semi-private accommodation for a full month during a period in Column 1 of Table 4 is the amount in Column 5 of Table 4 set out opposite the period. O. Reg. 178/95, s. 5. (5) The maximum daily amount that may be demanded or accepted by or on behalf of an approved corporation for providing a long-stay resident with semi-private accommodation for less than a full month during a period in Column 1 of Table 4 is the amount in Column 6 of Table 4 set out opposite the period. O. Reg. 178/95, s. 5. (6) The maximum monthly amount that may be demanded or accepted by or on behalf of an approved corporation for providing a long-stay resident with private accommodation for a full month during a period in Column 1 of Table 4 is the amount in Column 7 of Table 4 set out opposite the period. O. Reg. 178/95, s. 5. (7) The maximum daily amount that may be demanded or accepted by or on behalf of an approved corporation for providing a long-stay resident with private accommodation for less than a full month during a period in Column 1 of Table 4 is the amount in Column 8 of Table 4 set out opposite the period. O. Reg. 178/95, s. 5.