jswizzle3737/ontario_laws_and_regs huggingface dataset:
50 (1) In this Part, “personal assistance services device” means a device that is intended to assist a resident with a routine activity of living if the device has the effect of limiting or inhibiting the resident’s freedom of movement and the resident is not able, either physically or cognitively to release oneself from the device.  2010, c. 11, s. 50 (1). Interpretation, restraints (2) The following shall not constitute restraints for the purposes of this Part: 1. The use of a physical device from which a resident is both physically and cognitively able to release oneself. 2. The use of a personal assistance services device permitted by section 69. 3. The administration of a drug to a resident as part of the resident’s treatment as provided for in the resident’s plan of care if the restraining effect of the drug is not the primary purpose for its administration. 4. Confinement as permitted by section 68 or 70.  2010, c. 11, s. 50 (2); 2017, c. 25, Sched. 10, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 9 - 12/12/2017 Rights
52 If a retirement home also falls within the meaning of a care home as defined in the Residential Tenancies Act, 2006, nothing in this Act overrides or affects the provisions of the Residential Tenancies Act, 2006 that would otherwise apply with respect to the home as a care home.  2010, c. 11, s. 52.
53 (1) The licensee of a retirement home shall enter into a written agreement with every resident of the home before the resident commences residency in the home.  2010, c. 11, s. 53 (1). Contents of agreement (2) The agreement shall contain the prescribed requirements.  2010, c. 11, s. 53 (2). Plain language (3) The agreement must be expressed in plain language that is clear and concise.  2010, c. 11, s. 53 (3).
55 (1) Every licensee of a retirement home shall ensure that the following information is made available in the home, in an easily accessible location and in a manner that complies with the prescribed requirements, if any: 1. The package of information described in subsection 54 (2). 2. Copies of the final reports done by inspectors under section 77 in the previous two years for the retirement home, with all personal information and personal health information redacted. 3. Orders made by the Registrar with respect to the retirement home that are in effect or that have been made in the previous two years, with all personal information and personal health information redacted. 4. Decisions of the Tribunal or the Divisional Court that were made under this Act with respect to the retirement home within the previous two years. 5. The minutes of the most recent Residents’ Council meeting, if the Council consents to their disclosure. 6. All other information that is prescribed.  2010, c. 11, s. 55 (1); 2021, c. 39, Sched. 3, s. 2 (1, 2). Posting information (2) Every licensee of a retirement home shall ensure that the following information is posted in the home in a conspicuous and easily accessible location and in a manner that complies with the prescribed requirements, if any: 1. The Residents’ Bill of Rights. 2. The licensee’s licence for the home. 3. An explanation of the measures to be taken in case of fire. 4. All other information that is prescribed.  2010, c. 11, s. 55 (2). Accommodation and care services, prices (3) Every licensee of a retirement home shall ensure that the information set out in clause 54 (2) (k) is made available in print or electronic form, or both, to any person on request, in accordance with the regulations, if any. 2021, c. 39, Sched. 3, s. 2 (3). Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 3, s. 2 (1, 2) - 09/12/2021; 2021, c. 39, Sched. 3, s. 2 (3) - 16/03/2022
56 (1) The licensee of a retirement home shall allow the residents of the home to establish a Residents’ Council for the home.  2010, c. 11, s. 56 (1). Only residents (2) Only residents of the retirement home may be members of the Residents’ Council.  2010, c. 11, s. 56 (2). Powers (3) A Residents’ Council for a retirement home has the power to, (a) inform residents of their rights and obligations under this Act; (b) inform residents of the rights and obligations of the licensee under this Act and under any agreement relating to the home; (c) attempt to resolve disputes between the licensee and residents; (d) sponsor and plan activities for residents subject to any requirements that the licensee may have regarding the licensee’s liability arising from any such activities; (e) collaborate with community groups and volunteers concerning activities for residents; (f) advise the licensee of any concerns or recommendations the Council has about the operation of the home; (g) provide advice and recommendations to the licensee regarding what the residents would like to see done to improve care or the quality of life in the home; (h) report to the Registrar any concerns and recommendations that in the Council’s opinion ought to be brought to the Registrar’s attention; (i) act as a tenants’ association under the Residential Tenancies Act, 2006; or (j) exercise any other prescribed powers.  2010, c. 11, s. 56 (3). Duty to respond (4) If the Residents’ Council has advised the licensee of concerns or recommendations under clause (3) (f) or (g), the licensee shall, within 10 days of receiving the advice, respond to the Residents’ Council in writing.  2010, c. 11, s. 56 (4).
57 (1) If a Residents’ Council has been established for a retirement home, the licensee of the home shall appoint a Residents’ Council assistant who is acceptable to the Council to assist the Council.  2010, c. 11, s. 57 (1). Duties (2) In carrying out his or her duties, a Residents’ Council assistant shall take instructions from the Council, ensure confidentiality if the Council requests it and report to the Council.  2010, c. 11, s. 57 (2).
58 (1) If a Residents’ Council has been established for a retirement home, the licensee of the home shall, (a) co-operate with the Residents’ Council and the Residents’ Council assistant and provide them with the prescribed information and assistance within the prescribed time; and (b) consult regularly with the Residents’ Council and at a minimum at least every three months.  2010, c. 11, s. 58 (1). Meeting with Council (2) If invited by the Residents’ Council, the licensee shall, (a) meet with the Council if the licensee is not a corporation; or (b) ensure that representatives of the licensee meet with the Council, if the licensee is a corporation.  2010, c. 11, s. 58 (2). Attendance at meetings of Council (3) A licensee of a retirement home shall not attend a meeting of the Residents’ Council for the home unless invited to do so and shall ensure that the staff of the home do not attend a meeting unless invited to do so.  2010, c. 11, s. 58 (3). No interference (4) A licensee of a retirement home, (a) shall not interfere with the meetings or operation of the Residents’ Council; (b) shall not charge any fees to the Residents’ Council for any purpose relating to the Residents’ Council’s creation, administration or activities; (c) shall not prevent a member of the Residents’ Council from performing any duties as a member of the Council and shall not otherwise hinder, obstruct or interfere with such a member carrying out those duties; (d) shall not prevent a Residents’ Council assistant from entering the retirement home to carry out his or her duties or otherwise hinder, obstruct or interfere with such an assistant carrying out those duties; and (e) shall ensure that no staff member does anything that the licensee is forbidden to do under clauses (a) to (d).  2010, c. 11, s. 58 (4).
59 No action or other proceeding shall be commenced against a member of a Residents’ Council or a Residents’ Council assistant for anything done or omitted to be done in good faith in that capacity.  2010, c. 11, s. 59. Care and Safety
60 (1) Every licensee of a retirement home shall ensure that the care services that the licensee and the staff of the home provide to the residents of the home meet the prescribed care standards.  2010, c. 11, s. 60 (1). Resident-staff communication and response system (2) The prescribed care standards mentioned in subsection (1) may require that the room in a retirement home that each resident of the home uses as living quarters contain a resident-staff communication and response system as described in the standards and if the standards so require, the licensee of the home shall ensure that the home meets the requirement.  2010, c. 11, s. 60 (2). Safety standards (3) Every licensee of a retirement home shall comply with all prescribed safety standards for the home, including standards with respect to fire, safety and public health requirements and emergency evacuation plans.  2010, c. 11, s. 60 (3). Safety plans (4) Every licensee of a retirement home shall ensure that the following are in place for the home: 1. An emergency plan that responds to emergencies in the home or in the community in which the home is located and that meets the prescribed requirements. 2. An infection prevention and control program that meets the prescribed requirements.  2010, c. 11, s. 60 (4). Time for compliance (5) A licensee to whom a standard mentioned in subsection (1) or (3) or a requirement mentioned in subsection (4) applies shall comply with the standard or requirement, as the case may be, within the prescribed time period.  2010, c. 11, s. 60 (5).
61 (1) A licensee of a retirement home shall not prevent a resident of the home from applying for care services from an external care provider of the resident’s choosing.  2010, c. 11, s. 61 (1). No interference (2) Subject to sections 67 and 68, a licensee of a retirement home shall not interfere with the provision of care services to a resident of the home by an external care provider.  2010, c. 11, s. 61 (2). No responsibility of licensee (3) Nothing in this Act shall have the effect of making a licensee responsible for ensuring that the services provided by an external care provider meet the prescribed care standards.  2010, c. 11, s. 61 (3).
63 (1) If a resident requests information relating to the provision of services by an external care provider, the licensee shall promptly provide the resident with such information that is readily available to the licensee.  2010, c. 11, s. 63 (1). Same, after assessment (2) If an assessment undertaken under subsection 62 (1) or (12) indicates that a resident needs care services that the licensee is not able to provide, the licensee shall promptly provide the resident with information that is readily available to the licensee and that will enable the resident to obtain those services from an external care provider.  2010, c. 11, s. 63 (2). Information about alternatives to a retirement home (3) If an assessment undertaken under subsection 62 (1) or (12) indicates that a resident meets one or more of the prescribed criteria, the licensee shall, (a) provide the resident or the resident’s substitute decision-maker with information about other alternatives to living in the retirement home and information about admission to a long-term care home as defined in the
Fixing Long-Term Care Act, 2021; (b) if the resident or the resident’s substitute decision-maker so requests, contact the placement co-ordinator designated in subsection 47 (1) of the Fixing Long-Term Care Act, 2021 for the purpose of providing the resident with information about alternatives to living in a retirement home; and (c) document the actions that the licensee takes under this subsection for the resident and provide the documentation to the Registrar on a periodic basis as is prescribed.  2010, c. 11, s. 125; 2021, c. 39, Sched. 2, s. 25 (2, 3). Section Amendments with date in force (d/m/y) 2010, c. 11, s. 125
- 01/01/2013 2021, c. 39, Sched. 2, s. 25 (2, 3) - 11/04/2022
64 (1) A licensee of a retirement home shall ensure that screening measures are conducted in accordance with the regulations before hiring staff and accepting volunteers to work in the home.  2010, c. 11, s. 64 (1). Police record checks (2) The screening measures shall include a police record check as defined in the regulations, unless the person being screened is under 18 years of age.  2010, c. 11, s. 64 (2); 2015, c. 30, s. 29. Section Amendments with date in force (d/m/y) 2015, c. 30, s. 29
- 01/11/2018
65 (1) Every licensee of a retirement home shall ensure that all the staff who work in the home, (a) have the proper skills and qualifications to perform their duties; and (b) possess the prescribed qualifications.  2010, c. 11, s. 65 (1). Training (2) Every licensee of a retirement home shall ensure that no staff work in the home unless they have received training in, (a) the Residents’ Bill of Rights; (b) the licensee’s policy mentioned in subsection 67 (4) to promote zero tolerance of abuse and neglect of residents; (c) the protection afforded for whistle-blowing described in section 115; (d) the licensee’s policy mentioned in subsection 68 (3) regarding the use of personal assistance services devices for residents; (e) injury prevention; (f) fire prevention and safety; (g) the licensee’s emergency evacuation plan for the home mentioned in subsection 60 (3); (h) the emergency plan and the infection prevention and control program of the licensee for the home mentioned in subsection 60 (4); (i) all Acts, regulations, policies of the Authority and similar documents, including policies of the licensee, that are relevant to the person’s duties; and (j) all other prescribed matters.  2010, c. 11, s. 65 (2). Exception (3) Subsection (2) does not apply to a member of the staff employed or retained in the case of emergencies or exceptional and unforeseen circumstances but, in that case, the licensee shall provide the training described in that subsection to the person within one week of the time when the person begins performing their duties.  2010, c. 11, s. 65 (3). On-going training (4) The licensee shall ensure that the persons who are required to receive the training described in subsection (2) receive on-going training as described in that subsection at the times required by the regulations.  2010, c. 11, s. 65 (4). Additional training for direct care staff (5) The licensee shall ensure that all staff who provide care services to residents receive training in the following matters and at the times required by the regulations, as a condition of continuing to have contact with residents, in addition to the other training that they are required to receive under this section: 1. Abuse recognition and prevention. 2. Mental health issues, including caring for persons with dementia. 3. Behaviour management. 4. Ways to minimize the need of residents for personal assistance services devices and if a resident needs such a device, the ways of using it in accordance with its manufacturer’s operating instructions, this Act and the regulations. 5. All other prescribed matters.  2010, c. 11, s. 65 (5). Section Amendments with date in force (d/m/y) 2010, c. 11, s. 126
- no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020 2017, c. 25, Sched. 10, s. 12 - no effect - see 2010, c. 11, s. 126
- 31/12/2020
66 (1) Subject to subsection (2) and the regulations, every licensee of a retirement home who allows volunteers to participate in the lives and activities of residents of the home shall ensure that the volunteers are trained in accordance with the regulations in applying the emergency plan and the infection prevention and control program of the licensee for the home mentioned in subsection 60 (4) and the licensee’s policy to promote zero tolerance of abuse and neglect of residents mentioned in subsection 67 (4).  2010, c. 11, s. 66; 2017, c. 25, Sched. 10, s. 13 (1). Exception (2) Subsection (1) does not apply to volunteers working in a retirement home if, (a) they are occasional volunteers who do not provide direct care to residents of the home; (b) their work in the home is monitored and supervised in accordance with written policies that the licensee of the home has prepared for that purpose; and (c) they have received information about the matters covered by the training described in subsection (1). 2017, c. 25, Sched. 10, s. 13 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 13 (1, 2) - 12/12/2017
67 (1) Every licensee of a retirement home shall protect residents of the home from abuse by anyone.  2010, c. 11, s. 67 (1). Same, neglect (2) Every licensee of a retirement home shall ensure that the licensee and the staff of the home do not neglect the residents.  2010, c. 11, s. 67 (2). Resident absent from home (3) The duties in subsections (1) and (2) do not apply if a resident is absent from the retirement home, unless the resident continues to receive care services from the licensee or the staff of the home.  2010, c. 11, s. 67 (3). Policy to promote zero tolerance (4) Without in any way restricting the generality of the duties described in subsections (1) and (2), the licensee shall ensure that there is a written policy to promote zero tolerance of abuse and neglect of residents and shall ensure that the policy is complied with.  2010, c. 11, s. 67 (4). Contents (5) At a minimum, the policy to promote zero tolerance of abuse and neglect of residents shall, (a) clearly set out what constitutes abuse and neglect; (b) provide that abuse and neglect are not to be tolerated; (c) provide for a program for preventing abuse and neglect; (d) contain an explanation of the duty under section 75 to report to the Registrar the matters specified in that section; (e) contain procedures for investigating and responding to alleged, suspected or witnessed abuse and neglect of residents; (f) set out the consequences for those who abuse or neglect residents; (g) comply with the prescribed requirements, if any, respecting the matters described in clauses (a) to (f); and (h) deal with the additional matters, if any, that are prescribed.  2010, c. 11, s. 67 (5).
68 (1) No licensee of a retirement home and no external care providers who provide care services in the home shall restrain a resident of the home in any way, including by the use of a physical device or by the administration of a drug except as permitted by section 71.  2010, c. 11, s. 68 (1). Same, confinement (2) No licensee of a retirement home and no external care providers who provide services in the home shall confine a resident of the home, other than in accordance with section 70 or under the common law duty mentioned in section 71. 2017, c. 25, Sched. 10, s. 14 (1). Policy re devices (3) Every licensee of a retirement home shall ensure that there is a written policy regarding the use of personal assistance services devices for residents of the home and that the policy complies with the prescribed requirements, if any.  2010, c. 11, s. 68 (3). (4) Repealed: See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 14 (1) - 12/12/2017; 2017, c. 25, Sched. 10, s. 14 (2) - no effect - see 2010, c. 11, s. 68 (4)
- 31/12/2020 Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020
69 (1) A licensee of a retirement home or an external care provider who provides care services in the home may permit the use of a personal assistance services device for a resident of the home only for the purpose of assisting the resident with a routine activity of living.  2010, c. 11, s. 69 (1). Restrictions on use (2) A licensee of a retirement home or an external care provider who provides care services in the home may permit the use of a personal assistance services device for a resident of the home only if, (a) the licensee has considered or tried alternatives to the use of the device but has found that the alternatives have not been, or considers that they would not be, effective to assist the resident with a routine activity of living; (b) the use of the device is reasonable, in light of the resident’s physical and mental condition and personal history, and is the least restrictive of such devices that would be effective to assist the resident with a routine activity of living; (c) one or more of the following persons have approved the use of the device: (i) a legally qualified medical practitioner, (ii) a member of the College of Nurses of Ontario, (iii) a member of the College of Occupational Therapists of Ontario, (iv) a member of the College of Physiotherapists of Ontario, (v) any other prescribed person; (d) the resident or, if the resident is incapable, the resident’s substitute decision-maker, has consented to the use of the device; (e) the use of the device is included in the resident’s plan of care; and (f) the device is used in accordance with the prescribed requirements, if any.  2010, c. 11, s. 69 (2). 70 Repealed: See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 15 (1-14) - no effect - see 2010, c. 11, s. 70
- 31/12/2020 Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020
71 (1) Nothing in section 68, 69 or 70 affects the common law duty of a caregiver to restrain or confine a person when immediate action is necessary to prevent serious bodily harm to the person or to others.  2010, c. 11, s. 71 (1); 2017, c. 25, Sched. 10, s. 16 (1). Limitation on restraint by physical device (2) A licensee of a retirement home who is having a resident of the home restrained by a physical device pursuant to the common law duty described in subsection (1) shall ensure that the device is used in accordance with any applicable regulations.  2010, c. 11, s. 71 (2). Limitations on restraint by drug (3) A licensee of a retirement home who is having a resident of the home restrained by the administration of a drug pursuant to the common law duty described in subsection (1) shall ensure that the drug is used in accordance with any applicable regulations and that its administration was ordered by a legally qualified medical practitioner or another person belonging to a prescribed class.  2010, c. 11, s. 71 (3). Limitations on confinement (3.1) A licensee of a retirement home who is having a resident of the home confined pursuant to the common law duty described in subsection (1) shall ensure that the confinement is done in accordance with the prescribed requirements, if any. 2017, c. 25, Sched. 10, s. 16 (2). Records (4) Every licensee of a retirement home shall keep the records required by the regulations in relation to the restraining or confining of a resident of the home pursuant to the common law duty described in subsection (1).  2010, c. 11, s. 71 (4). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 16 (1, 2) - 12/12/2017
71.1 A licensee of a retirement home shall ensure that no device prohibited for use in any applicable regulations is used to restrain or confine a resident of the home. 2017, c. 25, Sched. 10, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 17 - 12/12/2017
72 If money is entrusted to the care of a licensee of a retirement home on behalf of a resident of the home, the licensee shall establish a trust account for the money in accordance with the rules specified in the regulations.  2010, c. 11, s. 72.
73 (1) Every licensee of a retirement home shall ensure that there is a written procedure for a person to complain to the licensee about the operation of the home and for the way in which the licensee is required to deal with complaints.  2010, c. 11, s. 73 (1). Requirements for procedure (2) The procedure shall comply with the regulations.  2010, c. 11, s. 73 (2).
74 Every licensee of a retirement home shall ensure that, (a) every alleged, suspected or witnessed incident of the following of which the licensee knows or that is reported to the licensee is immediately investigated: (i) abuse of a resident of the home by anyone, (ii) neglect of a resident of the home by the licensee or the staff of the home, or (iii) anything else specified in the regulations; (b) appropriate action as determined in the context of this Part and in the circumstances is taken in response to every incident described in clause (a); and (c) the prescribed requirements, if any, for investigating and responding as required under clauses (a) and (b) are complied with.  2010, c. 11, s. 74.
75 (1) A person who has reasonable grounds to suspect that any of the following has occurred or may occur shall immediately report the suspicion and the information upon which it is based to the Registrar: 1. Improper or incompetent treatment or care of a resident that resulted in harm or a risk of harm to the resident. 2. Abuse of a resident by anyone or neglect of a resident by the licensee or the staff of the retirement home of the resident if it results in harm or a risk of harm to the resident. 3. Unlawful conduct that resulted in harm or a risk of harm to a resident. 4. Misuse or misappropriation of a resident’s money.  2010, c. 11, s. 75 (1). Exception for residents (2) A resident is not required to make a report under subsection (1) but may do so.  2010, c. 11, s. 75 (2). Duty on medical practitioners and others (3) Even if the information on which a report may be based is confidential or privileged, subsection (1) applies to a person mentioned in paragraph 1, 2 or 3 and no action or other proceeding for making the report shall be commenced against a person who acts in accordance with subsection (1) unless that person acts maliciously or without reasonable grounds for the suspicion: 1. A legally qualified medical practitioner or any other person who is a member of a College as defined in subsection 1 (1) of the Regulated Health Professions Act, 1991. 2. A person who is registered as a drugless practitioner under the Drugless Practitioners Act. 3. A member of the Ontario College of Social Workers and Social Service Workers.  2010, c. 11, s. 75 (3). Solicitor-client privilege (4) Nothing in this section abrogates any privilege that may exist between a solicitor and the solicitor’s client.  2010, c. 11, s. 75 (4). Inspection or inquiries (5) If the Registrar receives a report indicating that any of the events described in subsection (1) may have occurred, the Registrar shall ensure that an inspector conducts an inspection of the retirement home or makes inquiries for the purpose of determining whether the licensee of the home is in compliance with the requirements under this Act. 2017, c. 25, Sched. 10, s. 18 (1). Immediate visit (5.1) In acting under subsection (5), the inspector shall immediately visit the retirement home if the report indicates that serious harm has occurred to a resident of the home or that there is a risk of serious harm occurring to a resident of the home. 2017, c. 25, Sched. 10, s. 18 (1). Powers of inspector (6) Sections 77 to 79 apply with necessary modifications to an inspector acting under subsection (5) or (5.1).  2010, c. 11, s. 75 (6); 2017, c. 25, Sched. 10, s. 18 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 18 (1, 2) - 12/12/2017 Part v   enforcement Inspections
76 (1) The Registrar shall appoint inspectors as are necessary for the purposes of this Act.  2010, c. 11, s. 76 (1). Registrar is an inspector (2) The Registrar is, by virtue of his or her office, an inspector.  2010, c. 11, s. 76 (2). Certificate of appointment (3) The Registrar shall issue to every inspector a certificate of appointment which the inspector shall produce, on request, when acting in the performance of his or her duties.  2010, c. 11, s. 76 (3).
78 If the conditions for obtaining a warrant under this or any other Act exist but it would be impracticable to obtain a warrant due to exigent circumstances, an inspector may use whatever force is reasonably necessary, and may call on a police officer for assistance, (a) in order to enter, without the consent of the occupier, a room in a retirement home that is being used as living quarters for one or more residents and to exercise the powers in section 77 with respect to that room; and (b) in order to enter any other part of a retirement home and any place that is operated in connection with the home and from which services are provided to the home and to exercise the powers under section 77 with respect to those areas.  2010, c. 11, s. 78.
79 (1) Upon application by an inspector without notice, a justice of the peace may issue a warrant authorizing an inspector named in the warrant to enter premises specified in the warrant and to exercise any of the powers mentioned in section 77, if the justice of the peace is satisfied on information under oath that, (a) the inspector has been prevented from exercising a right of entry to the premises, or a power, under section 77; or (b) there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the premises, or a power, under section 77.  2010, c. 11, s. 79 (1). Same, entry into retirement home (2) Upon an application by an inspector without notice, a justice of the peace may issue a warrant authorizing an inspector named in the warrant to enter one or more rooms in a retirement home that are being used as living quarters for one or more residents, if the justice of the peace is satisfied on information under oath that there are reasonable grounds to believe that, (a) a person has contravened or is contravening a requirement under this Act; and (b) there is information or evidence in the rooms that relates to the contravention.  2010, c. 11, s. 79 (2). Expiry of warrant (3) The warrant shall name the date on which it expires, which shall not be later than 30 days after the warrant is issued.  2010, c. 11, s. 79 (3). Extension of time (4) A justice of the peace may extend the date on which the warrant expires for an additional period of no more than 30 days, on application without notice by the inspector named in the warrant.  2010, c. 11, s. 79 (4). Force (5) The inspector named in the warrant may use whatever force is necessary to execute the warrant and may call on a police officer for assistance in executing the warrant.  2010, c. 11, s. 79 (5). Time of execution (6) The warrant may be executed only between 8 a.m. and 8 p.m. unless it specifies otherwise.  2010, c. 11, s. 79 (6). Other matters (7) Subsections 77 (5) to (17) apply, with necessary modifications, to an inspector executing a warrant issued under this section.  2010, c. 11, s. 79 (7).
80 (1) The Registrar may appoint persons to be investigators for the purposes of conducting investigations under this section.  2010, c. 11, s. 80 (1). Certificate of appointment (2) The Registrar shall issue to every investigator a certificate of appointment bearing the Registrar’s signature or a facsimile of the signature.  2010, c. 11, s. 80 (2). Production of certificate of appointment (3) Every investigator who is conducting an investigation under this section shall, upon request, produce the certificate of appointment as an investigator.  2010, c. 11, s. 80 (3). (4), (5) Repealed: 2017, c. 25, Sched. 10, s. 20. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 20 - 12/12/2017
80.1 (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if satisfied on information under oath that there is reasonable ground for believing that, (a) a person has contravened or is contravening this Act or the regulations or has committed an offence that is relevant to the person’s fitness for a licence; and (b) there is, (i) in any building, dwelling, receptacle or place, anything relating to the contravention of this Act or the regulations or to the person’s fitness for a licence, or (ii) information or evidence relating to the contravention of this Act or the regulations or the person’s fitness for a licence that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant. 2017, c. 25, Sched. 10, s. 21. Power to enter (2) Subject to any conditions contained in it, a search warrant issued under subsection (1) authorizes an investigator to enter or access the building, dwelling, receptacle or place specified in the warrant. 2017, c. 25, Sched. 10, s. 21. Other powers of investigator, etc. (3) Subject to any conditions contained in a search warrant issued under subsection (1), subsections 77 (4) to (12) apply, with necessary modifications, to an investigation under the warrant, reading references to an inspector as references to an investigator and references to a search warrant as references to a search warrant issued under subsection (1) of this section. 2017, c. 25, Sched. 10, s. 21. Conditions on warrant (4) A warrant issued under subsection (1) shall contain the conditions that the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances. 2017, c. 25, Sched. 10, s. 21. Expiry of warrant (5) A warrant issued under subsection (1) shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an investigator. 2017, c. 25, Sched. 10, s. 21. Time of execution (6) An entry or access under a warrant issued under subsection (1) shall be made between 8 a.m. and 8 p.m., unless the warrant specifies otherwise. 2017, c. 25, Sched. 10, s. 21. Use of force (7) An investigator may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant. 2017, c. 25, Sched. 10, s. 21. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 21 - 12/12/2017
80.2 An investigator who is lawfully present in a place, pursuant to a warrant or otherwise, in the execution of the investigator’s duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations. 2017, c. 25, Sched. 10, s. 21. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 21 - 12/12/2017
80.3 (1) An investigator may enter or access, without a warrant, any building, dwelling, receptacle or place in which there is anything relating to the contravention of this Act or the regulations or to the person’s fitness for a licence if the conditions for obtaining the warrant exist but, by reason of exigent circumstances, it would be impracticable to obtain the warrant. 2017, c. 25, Sched. 10, s. 21. Applicability of s. 77 (2) Subsections 77 (4) to (12) apply, with necessary modifications, to a search under this section, reading references to an inspector as references to an investigator. 2017, c. 25, Sched. 10, s. 21. Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. 2017, c. 25, Sched. 10, s. 21. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 21 - 12/12/2017 Complaints to the Registrar
81 Sections 82 to 88 apply to retirement homes in respect of which a licence has been issued.  2010, c. 11, s. 81.
82 The Registrar may develop a process for handling complaints that the Registrar receives about an alleged contravention of a requirement under this Act with respect to a retirement home, as long as the process does not conflict with sections 83 to 87.  2010, c. 11, s. 82.
83 (1) If the Registrar receives a complaint about an alleged contravention of a requirement under this Act with respect to a retirement home, the Registrar shall review the complaint promptly and may request the licensee to provide the Registrar with information relevant to the complaint.  2010, c. 11, s. 83 (1). Request for information (2) A request for information under subsection (1) must be in writing and must indicate the nature of the complaint.  2010, c. 11, s. 83 (2). Duty to comply with request (3) A licensee who receives a request for information under this section shall provide the information to the Registrar by the date that the Registrar specifies.  2010, c. 11, s. 83 (3).
84 In addition to any other powers available to the Registrar under this Act, the Registrar may, in handling a complaint received under subsection 83 (1) with respect to a retirement home, do any one or more of the following that the Registrar considers appropriate: 1. Make inquiries relating to the complaint. 2. Conduct an inspection of the home and any place that is operated in connection with the home and from which services are provided to the home, or direct another inspector to do so. 3. Attempt to mediate or resolve the complaint. 4. Provide information to, or attempt to educate, the complainant, the licensee or the other persons that the Registrar considers appropriate. 5. Give the licensee a written warning that if the licensee continues with the activity that led to the complaint, the Registrar may take action against the licensee. 6. Take other action that is prescribed in the circumstances that are prescribed.  2010, c. 11, s. 84.
85 (1) If a complaint received under subsection 83 (1) with respect to a retirement home or information that the Registrar receives indicates that any of the following may have occurred, the Registrar shall ensure that an inspector conducts an inspection of the home or makes inquiries for the purpose of determining whether the licensee of the home is in compliance with the requirements under this Act: 1. Improper or incompetent treatment or care of a resident that resulted in harm or a risk of harm to the resident. 2. Abuse of a resident by anyone or neglect of a resident by the licensee or staff of the home that resulted in harm or a risk of harm to the resident. 3. Contravention of a requirement under this Act, or other unlawful conduct, that resulted in harm or a risk of harm to a resident. 4. Any other matter specified in the regulations.  2010, c. 11, s. 85; 2017, c. 25, Sched. 10, s. 22 (1). Immediate visit (2) In acting under subsection (1), the inspector shall immediately visit the retirement home if the report indicates that serious harm has occurred to a resident of the home or that there is a risk of serious harm occurring to a resident of the home. 2017, c. 25, Sched. 10, s. 22 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 22 (1, 2) - 12/12/2017
86 Sections 77 to 79 apply with necessary modifications to an inspector acting under paragraph 2 of section 84 or under section 85.  2010, c. 11, s. 86.
87 After receiving a complaint under subsection 83 (1) with respect to a retirement home, the Registrar shall notify the complainant in writing of, (a) any action taken by the Registrar in respect of the complaint; (b) any decision that the Registrar makes to take no further action in respect of the complaint; and (c) the complainant’s right to have the Complaints Review Officer review the complaint under section 88.  2010, c. 11, s. 87.
89 (1) If the Registrar believes on reasonable grounds that a person is operating a retirement home without a licence, the Registrar may serve an order on the person ordering the person to cease to operate the premises as a retirement home by a date that the Registrar specifies or to apply for a licence under this Act by a date that the Registrar specifies or both. 2017, c. 25, Sched. 10, s. 23. Contents of order (2) The order may require the person to comply, at the person’s expense, with the requirements the Registrar considers necessary and sets out in the order. 2021, c. 39, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 23 - 12/12/2017 2021, c. 39, Sched. 3, s. 4 - 09/12/2021
90 (1) If the Registrar believes on reasonable grounds that a licensee has contravened a requirement under this Act, the Registrar may serve an order on the licensee ordering the licensee to refrain from doing something, or to do something, for the purpose of ending the contravention and achieving compliance and for the purpose of ensuring that the contravention is not repeated and that compliance is maintained.  2010, c. 11, s. 90 (1). Contravention to be specified (2) The order must set out the contravention or contraventions on which it is based, with dates and locations if appropriate.  2010, c. 11, s. 90 (2). Examples (3) Without limiting the generality of subsection (1), an order under that subsection may order the licensee, (a) to prepare, submit to the Registrar, and implement, a plan for ending the contravention, achieving compliance and ensuring that the contravention is not repeated and that compliance is maintained; and (b) to obtain, and ensure that the staff of the retirement home obtain, additional education or training.  2010, c. 11, s. 90 (3). Date (4) The order may specify a date or the dates by which the licensee shall comply with its requirements.  2010, c. 11, s. 90 (4).
91 (1) The Registrar may serve an order on the licensee of a retirement home ordering the licensee to employ or retain, at the licensee’s expense, one or more persons acceptable to the Registrar to manage or assist in managing all or some of the operations of the home, if the Registrar believes on reasonable grounds that, (a) the licensee has contravened a requirement under this Act; and (b) the licensee cannot or will not properly manage the operations of the home or cannot do so without assistance.  2010, c. 11, s. 91 (1). Contravention to be specified (2) The order must set out the contravention or contraventions on which it is based, with dates and locations if appropriate.  2010, c. 11, s. 91 (2). Date (3) The order may specify a date or the dates by which the licensee shall comply with its requirements.  2010, c. 11, s. 91 (3).
92 The Registrar may make an order under section 90 or 91 and the Tribunal and the Divisional Court may affirm such an order even if, (a) the licensee took all reasonable steps to prevent the contravention; or (b) at the time of the contravention, the licensee had an honest and reasonable belief in a mistaken set of facts which, if true, would have resulted in there not being any contravention.  2010, c. 11, s. 92.
92.1 (1) The Registrar may serve an order on a licensee of a retirement home in accordance with this section if, (a) there are extraordinary circumstances, as set out in the regulations, that require immediate action to be taken with respect to the retirement home; and (b) the Registrar believes on reasonable grounds that the extraordinary circumstances have resulted or may result in harm or a risk of harm to one or more residents. 2021, c. 39, Sched. 3, s. 5. Management order (2) The Registrar may serve an order on the licensee of a retirement home ordering the licensee to employ or retain, at the licensee’s expense, one or more persons acceptable to the Registrar to manage or assist in managing all or some of the operations of the retirement home. 2021, c. 39, Sched. 3, s. 5. Contents of management order (3) The order may specify the period of time during which the order is in effect and may name a person or persons selected by the Registrar who are to manage or assist in managing all or some of the operations of the retirement home. 2021, c. 39, Sched. 3, s. 5. Other order (4) The Registrar may serve an order on the licensee of a retirement home ordering the licensee to refrain from doing something, or to do something, for the purpose of responding to the extraordinary circumstances, preventing or alleviating the corresponding harm or risk of harm to one or more residents, or both. 2021, c. 39, Sched. 3, s. 5. Examples (5) Without limiting the generality of subsection (4), the order may require the licensee to comply with the advice, recommendations and instructions of, (a) a local medical officer of health or designate; (b) a person or persons with expertise in dealing with the extraordinary circumstances giving rise to the order; or (c) a person or persons employed or retained under subsection (2) or section 91. 2021, c. 39, Sched. 3, s. 5. Same, limitation (6) An order under subsection (4) shall not require the licensee to contravene any requirement under this Act. 2021, c. 39, Sched. 3, s. 5. Contents of other order (7) An order under subsection (4) may specify the date or dates by which the licensee shall comply with its requirements. 2021, c. 39, Sched. 3, s. 5. No stay (8) An order under this section is not subject to an application for a stay under subsection 101 (2) of the Act. 2021, c. 39, Sched. 3, s. 5. Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 3, s. 5 - 16/03/2022
93 (1) If the Registrar believes on reasonable grounds that a person has contravened a requirement under this Act, the Registrar may serve an order on the person ordering the person to pay an administrative penalty to the Authority in accordance with the regulations.  2010, c. 11, s. 93 (1). Purpose (2) The purpose of an administrative penalty is to encourage compliance with the requirements under this Act.  2010, c. 11, s. 93 (2). Amount of penalty (3) The amount of the administrative penalty shall reflect the purpose of the penalty and shall be determined in accordance with the regulations, but shall not exceed $10,000.  2010, c. 11, s. 93 (3). Content of order (4) An order for an administrative penalty must set out, (a) the contravention or contraventions on which it is based, with dates and locations if appropriate; (b) the amount of the penalty or how it will be determined; and (c) the time within which and the manner in which the penalty must be paid.  2010, c. 11, s. 93 (4). Two-year limitation (5) An order shall not be served on a person under this section more than two years after the day the person’s most recent contravention on which the order is based first came to the knowledge of the Registrar.  2010, c. 11, s. 93 (5).
94 (1) An order under section 93 that has not been complied with may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of that court.  2010, c. 11, s. 94 (1). Interest (2) Section 129 of the Courts of Justice Act applies in respect of an order filed with the Superior Court of Justice under subsection (1), and the date on which the order is filed under subsection (1) shall be deemed to be the date of the order that is mentioned in section 129 of the Courts of Justice Act.  2010, c. 11, s. 94 (2). Payment into emergency fund (3) The Authority shall pay all administrative penalties collected by it into the Fund.  2010, c. 11, s. 94 (3).