Resident Payments
116.1 (1) An application may be made to the Director for a reduction in the fee payable by any of the following persons for basic accommodation: 1. A long-stay resident for whom the maximum monthly amount is determined to be $1,050.29 under section 116. 2. A long-stay resident whose spouse lives outside a nursing home, a home under the Homes for the Aged and Rest Homes Act, an approved charitable home for the aged under the Charitable Institutions Act or a hospital or other facility that is government-funded. O. Reg. 219/96, s. 2; O. Reg. 196/97, s. 3 (1); O. Reg. 233/98, s. 2 (1); O. Reg. 373/99, s. 3; O. Reg. 64/00, s. 2 (1); O. Reg. 302/00, s. 2; O. Reg. 180/01, s. 5; O. Reg. 233/02, s. 2; O. Reg. 218/03, s. 2; O. Reg. 333/05, s. 2 (1); O. Reg. 317/06, s. 2 (1); O. Reg. 204/07, s. 2 (1); O. Reg. 159/08, s. 2; O. Reg. 193/09, s. 2. (2) The application may be made by, (a) in the case of an application under paragraph 1 of subsection (1), the resident; or (b) in the case of an application under paragraph 2 of subsection (1), the resident or the spouse. O. Reg. 219/96, s. 2; O. Reg. 64/00, s. 2 (2); O. Reg. 333/05, s. 2 (2). (3) The application shall be made by submitting to the Director the exceptional circumstances application, together with, (a) in the case of an application under paragraph 1 of subsection (1), (i) if the resident is required to file with the Minister of National Revenue a return of income for the immediately preceding year, the notice of assessment for that year sent by the Minister of National Revenue to the resident, or (ii) if the resident is not required to file with the Minister of National Revenue a return of income for the immediately preceding year, proof of the resident’s disposable income for that year; or (b) in the case of an application under paragraph 2 of subsection (1), (i) if the resident is required to file with the Minister of National Revenue a return of income for the immediately preceding year, the notice of assessment for that year sent by the Minister of National Revenue to the resident, (ii) if the resident is not required to file with the Minister of National Revenue a return of income for the immediately preceding year, proof of the resident’s disposable income for that year, (iii) if the spouse is required to file with the Minister of National Revenue a return of income for the immediately preceding year, the notice of assessment for that year sent by the Minister of National Revenue to the spouse, and (iv) if the spouse is not required to file with the Minister of National Revenue a return of income for the immediately preceding year, proof of the spouse’s disposable income for that year. O. Reg. 219/96, s. 2; O. Reg. 64/00, s. 2 (3, 4); O. Reg. 333/05, s. 2 (3, 4). (4) If a person is described in both paragraphs of subsection (1), an application to the Director for a reduction in the fee payable by the person for basic accommodation may be made under one of the paragraphs, but not under both. O. Reg. 219/96, s. 2. (5) Despite sections 115 and 116, if an application is made under this section for a reduction in the fee payable by a long-stay resident of a nursing home for basic accommodation, (a) the maximum monthly amount that may be demanded or accepted by or on behalf of the licensee of the nursing home for providing the resident with basic accommodation for a full month during the period described in subsection (6) is the monthly amount determined by the Director in accordance with the exceptional circumstances application; and (b) the maximum daily amount that may be demanded or accepted by or on behalf of the licensee of the nursing home for providing the resident with basic accommodation for less than a full month during the period described in subsection (6) is the daily amount determined by the Director in accordance with the exceptional circumstances application. O. Reg. 219/96, s. 2. (6) The period referred to in subsection (5) begins on the first day of the month in which the exceptional circumstances application is submitted to the Director and ends on the earliest of, (a) the first June 30 following the day on which the period begins; (a.1) Revoked: O. Reg. 204/07, s. 2 (2). (b) the last day of the month immediately preceding the month in which the next exceptional circumstances application is submitted to the Director under this section in respect of the same resident; (c) if the fee payable by the resident for basic accommodation is reduced based on an application under paragraph 1 of subsection (1), the last day of the month immediately preceding the month in which the next reduction application is submitted to the administrator of the home under section 116 in respect of the same resident; (d) the termination date, if any, specified by the Director on the exceptional circumstances application at the time it is processed; and (e) the date of the termination, if any, by the Director under subsection (7). O. Reg. 219/96, s. 2; O. Reg. 317/06, s. 2 (2); O. Reg. 204/07, s. 2 (2). (7) If the fee payable by a resident for basic accommodation is reduced based on an application under paragraph 2 of subsection (1), the Director shall terminate the reduction if an amount equivalent to the reduction is not transferred to the spouse. O. Reg. 219/96, s. 2; O. Reg. 64/00, s. 2 (5); O. Reg. 333/05, s. 2 (5). (8) Revoked: O. Reg. 233/98, s. 2 (2).