Recovery by a Corporation or the Province
32. (1) In this section, “assets” means liquid assets including cash, bonds, debentures, stocks, the beneficial interest in assets held in trust and available to be used for maintenance and any other liquid assets that can be readily converted into cash; “income” means income received from any source other than, (a) donations made by a religious, charitable or benevolent organization, or (b) casual gifts of small value. R.R.O. 1990, Reg. 69, s. 32 (1). (2) Subject to subsection (3), an approved corporation shall recover, out of the income and assets of a resident or former resident or his or her estate, as a debt due to the corporation, the cost incurred by the corporation for the care and maintenance of the resident even if a provincial subsidy has been paid in respect of the cost. R.R.O. 1990, Reg. 69, s. 32 (2). (3) In determining the income and assets of a resident that are available for payment of the cost of his or her care and maintenance, (a) the amount received each month by a resident in a charitable institution that is approved, (i) as a halfway house where rehabilitative residential group care may be provided for adult persons under clause 2 (a), or (ii) Revoked: O. Reg. 368/93, s. 14 (1). (iii) as a home where residential group care may be provided for handicapped or convalescent adult persons under clause 2 (c), shown as personal needs allowance in Column 3 set out opposite the date the resident was in the institution in Column 1 of Table 1; (b) where a resident is being paid an allowance under the Family Benefits Act as a blind person, a permanently unemployable person, or a disabled person, any income in addition to any amounts received under clause (a) by the resident under that Act for travel in the community; (c) where the resident is in a charitable institution that is approved as a home where residential group care may be provided for handicapped or convalescent adults under clause 2 (c), the amount of income exempted under paragraph 1 of subsection 13 (2) of Regulation 366 of the Revised Regulations of Ontario, 1990, made under the Family Benefits Act; (d) Revoked: O. Reg. 414/91, s. 1 (2). (e) any income in addition to any amounts received under clauses (a), (b) and (c) by a resident by way of payment or refund under, (i) section 7 of the Income Tax Act, and (ii) section 2 or 7 of the Ontario Pensioners Property Tax Assistance Act; (f) an amount of assets considered reasonable by the board and the Director for the burial expenses of the resident; and (g) an amount of assets accumulated from the income retained or deducted for the personal use of the resident under clause (a), (b) or (c), shall not be included and the resident shall be permitted to retain such income for his or her own personal use despite any assignment thereof or agreement to the contrary made by him or her for the benefit of the institution but after the resident’s death such amounts may be recovered from his or her estate to reimburse the corporation for any unpaid arrears of the cost of the resident’s care and maintenance. R.R.O. 1990, Reg. 69, s. 32 (3); O. Reg. 414/91, s. 1 (1-4); O. Reg. 368/93, s. 14 (1). (4) Where the income referred to in clause (3) (a) is not received on a monthly basis, an amount shown as personal needs allowance in Column 3 set out opposite the date the resident was in the institution in Column 1 of Table 1 shall be deducted each month for the personal use of the resident before determining the amount available for the cost of his or her care and maintenance. R.R.O. 1990, Reg. 69, s. 32 (4); O. Reg. 414/91, s. 1 (5); O. Reg. 368/93, s. 14 (2). (5) In determining the revenue for the purposes of the forms referred to in subsections 25 (1) and (2) and subsections 26 (1) and (2), there shall be included any amount that the Minister determines, in accordance with subsections (3) and (4), to be payable by a resident who is not paying the entire cost of his or her care and maintenance and whom the Minister determines is able to pay a greater share of such costs. R.R.O. 1990, Reg. 69, s. 32 (5). (6) The Crown in right of Ontario is subrogated to the right of the corporation to recover costs under subsection (2). R.R.O. 1990, Reg. 69, s. 32 (6). (7) Where all or any part of the costs, in respect of which a provincial subsidy has been paid under section 8 of the Act, are recovered under subsection (2) or (6), Ontario is entitled to the same percentage of the amount recovered as the percentage on which the contribution by Ontario to the corporation in respect of the amount recovered is based. R.R.O. 1990, Reg. 69, s. 32 (7). (8) Any amount recovered from a resident or his or her estate under subsection (2) or (6) shall be applied to such part of the arrears of a resident’s cost as the Director may from time to time prescribe. R.R.O. 1990, Reg. 69, s. 32 (8). Trust Accounts