jswizzle3737/ontario_laws_and_regs huggingface dataset:
95 (1) Subject to subsection (3), the Registrar may serve an order on a licensee revoking the licensee’s licence, if the Registrar believes on reasonable grounds that, (a) the criteria in paragraphs 1 to 4 of section 35 are no longer met; (b) the licensee has contravened a requirement under this Act; or (c) the licensee or any person acting on behalf of the licensee made a false statement in the application for the licence or in any document or information required to be provided under this Act.  2010, c. 11, s. 95 (1). Contents of order (2) The order may require the licensee to cease operating the retirement home for which the licence was issued and to comply with the requirements the Registrar considers necessary and sets out in the order. 2021, c. 39, Sched. 3, s. 6. Notice of intent (3) The Registrar shall not serve an order on a person under subsection (1) unless, before doing so, the Registrar, (a) serves a notice of intent to issue the order on the person in accordance with subsection (4); (b) gives the person an opportunity to make written submissions with respect to the proposed order in accordance with subsection (5); and (c) reviews the written submissions, if any, made by the person in accordance with subsection (5).  2010, c. 11, s. 95 (3). Content of notice of intent (4) A notice of intent shall, (a) set out the proposed order; (b) set out the reasons for the proposed order, including details of the person’s acts and omissions with dates and locations, if appropriate; and (c) state that the person may provide written submissions to the Registrar in accordance with subsection (5).  2010, c. 11, s. 95 (4). Written submissions (5) A person who is served with a notice of intent may provide written submissions to the Registrar with respect to any matter set out in the notice, within 15 days after the day the notice of intent was served on the person or within whatever other period that is specified in the notice.  2010, c. 11, s. 95 (5). Application for licence after revocation (6) In the case of a final order to revoke a person’s licence to operate a retirement home, the person may reapply to the Registrar under Part III for a licence to operate the home only if the person satisfies the Registrar that new or other evidence is available or that material circumstances have changed.  2010, c. 11, s. 95 (6). Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 3, s. 6 - 09/12/2021
96 Every order made under section 89, 90, 91, 92.1, 93 or 95 must set out the requirements of Part VI for appealing the order to the Tribunal.  2010, c. 11, s. 96; 2021, c. 39, Sched. 3, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 3, s. 7 - 16/03/2022
96.0.1 If the Registrar serves an order on a licensee under section 89, 90, 91, 92.1, 93 or 95 and the order contains personal information or personal health information, the Registrar shall, at the same time, give the licensee a copy of the order with all personal information and personal health information redacted. 2021, c. 39, Sched. 3, s. 8. Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 3, s. 8 - 09/12/2021
96.1 The Registrar may apply to the Superior Court of Justice for an order directing a person to comply with a provision of this Act or the regulations or an order made under this Act and, upon the application, the court may make any order that the court thinks fit. 2017, c. 25, Sched. 10, s. 24. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 24 - 12/12/2017
97 An order made under this Part against a person in respect of non-compliance with a requirement under this Act does not affect the liability of the person to conviction for an offence arising from the non-compliance.  2010, c. 11, s. 97. Offences
99 (1) Every individual who is convicted of an offence under this Act is liable, (a) on a first conviction, (i) to a fine of not more than $25,000, (ii) to imprisonment for a term of not more than one year, or (iii) to both a fine under subclause (i) and imprisonment under subclause (ii); and (b) on each subsequent conviction, (i) to a fine of not more than $50,000, (ii) to imprisonment for a term of not more than one year, or (iii) to both a fine under subclause (i) and imprisonment under subclause (ii).  2010, c. 11, s. 99 (1). Same, corporations (2) Every corporation that is convicted of an offence under this Act is liable, (a) on a first conviction, to a fine of not more than $50,000; and (b) on each subsequent conviction, to a fine of not more than $200,000.  2010, c. 11, s. 99 (2). Exception, duty to report (3) Despite subsections (1) and (2), an individual or a corporation convicted of an offence described in clause 98 (1) (b), (c) or (d) is not liable to any term of imprisonment.  2010, c. 11, s. 99 (3). Order for compensation, restitution (4) A court that convicts a person of an offence under this Act may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.  2010, c. 11, s. 99 (4). part vI   APPEALS
100 (1) A person who is served with notice of any of the following decisions of the Registrar or with any of the following orders of the Registrar may appeal the decision or order, as the case may be, to the Tribunal: 1. A decision to refuse to issue a licence to the person. 2. A decision to impose a condition on the person’s licence. 3. An order made under section 89, 90, 91, 92.1, 93 or 95.  2010, c. 11, s. 100 (1); 2021, c. 39, Sched. 3, s. 9. When and how to appeal (2) To appeal an order or a decision of the Registrar to the Tribunal under this section, a person shall give the Tribunal and the Registrar a written notice of appeal setting out the grounds for the appeal within 15 days after the day the person was served with the Registrar’s order or notice of the Registrar’s decision.  2010, c. 11, s. 100 (2). Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 3, s. 9 - 16/03/2022
101 (1) Despite section 25 of the Statutory Powers Procedure Act, an appeal of an order or a decision of the Registrar to the Tribunal under section 100 does not stay the order or decision, unless the Tribunal orders otherwise in writing.  2010, c. 11, s. 101 (1). Application for stay (2) Upon application, the Tribunal may order a stay of an order or a decision of the Registrar and may do so only if the Tribunal is satisfied that the stay will not cause harm or a risk of harm to a resident.  2010, c. 11, s. 101 (2). Application to remove stay (3) The Registrar may apply to the Tribunal for the removal of a stay ordered under subsection (2) on the ground that, as a result of circumstances having changed since the time the stay was ordered, the stay may cause harm or a risk of harm to a resident.  2010, c. 11, s. 101 (3). Removal of stay (4) On an application under subsection (3), the Tribunal, (a) shall remove the stay if it is satisfied that, as a result of circumstances having changed since the time the stay was ordered, the stay may cause harm or a risk of harm to a resident; and (b) shall not remove the stay if it is not satisfied that circumstances have changed since the time the stay was ordered or if it is satisfied that, despite the change in circumstances, the stay will not cause harm or a risk of harm to a resident.  2010, c. 11, s. 101 (4). Hearing required (5) Before exercising its powers under subsection (2) or (4), the Tribunal shall hold a hearing which shall be heard by a single member of the Tribunal.  2010, c. 11, s. 101 (5). Rules and procedures (6) The Tribunal shall make and implement rules and procedures that apply to an application mentioned in subsection (2) or (3) in order to ensure that the application is dealt with in an expeditious manner, subject to the regulations, if any.  2010, c. 11, s. 101 (6).
102 (1) Upon receiving a notice of appeal under section 100, the Tribunal shall promptly set a time and place for a hearing and shall hold the hearing.  2010, c. 11, s. 102 (1). Parties (2) The parties to the hearing are the appellant, the Registrar and the other persons that the Tribunal specifies.  2010, c. 11, s. 102 (2).
103 (1) After a hearing, the Tribunal shall, (a) affirm the order or decision of the Registrar; or (b) rescind the order or decision of the Registrar, substitute its decision for the order or decision of the Registrar and direct the Registrar to implement the decision of the Tribunal in accordance with the directions, if any, that the Tribunal considers appropriate.  2010, c. 11, s. 103 (1). Administrative penalty order (2) In the case of an order for an administrative penalty, the power of the Tribunal under clause (1) (b) includes the power to reduce the amount of the penalty if the Tribunal finds that the amount of the penalty specified in the order is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances.  2010, c. 11, s. 103 (2).
104 (1) A party to a hearing before the Tribunal under section 102 may appeal the decision of the Tribunal to the Divisional Court on a question of law in accordance with the rules of court.  2010, c. 11, s. 104 (1). Powers of court (2) On the appeal, the Divisional Court may affirm, reverse or vary the decision of the Tribunal.  2010, c. 11, s. 104 (2).
105 (1) Despite section 25 of the Statutory Powers Procedure Act, an appeal of a decision of the Tribunal to the Divisional Court under section 104 does not stay the Tribunal’s decision unless the Divisional Court orders otherwise in writing.  2010, c. 11, s. 105 (1). Power to order stay (2) Upon application, the Divisional Court may order a stay of the Tribunal’s decision and may do so only if the Divisional Court is satisfied that the stay will not cause harm or a risk of harm to a resident.  2010, c. 11, s. 105 (2). Application to remove stay (3) The Registrar may apply to the Divisional Court for the removal of a stay ordered under subsection (2) on the ground that, as a result of circumstances having changed since the time the stay was ordered, the stay may cause harm or a risk of harm to a resident.  2010, c. 11, s. 105 (3). Removal of stay (4) On an application under subsection (3), the Divisional Court, (a) shall remove the stay if it is satisfied that, as a result of circumstances having changed since the time the stay was ordered, the stay may cause harm or a risk of harm to a resident; and (b) shall not remove the stay if it is not satisfied that circumstances have changed since the time the stay was ordered or if it is satisfied that, despite the change in circumstances, the stay will not cause harm or a risk of harm to a resident.  2010, c. 11, s. 105 (4). part VII   general
106 (1) The Registrar shall establish and maintain one or more registers, which shall contain the following information at a minimum, subject to the rules, if any, that are prescribed: 1. For each application for a licence, i. the name and address of the applicant, ii. the name and address of the retirement home, iii. a statement whether there is an automatic sprinkler in the room of each resident of the retirement home or elsewhere in the home and, if so, information about the sprinklers, iv. the number of residents that the retirement home can accommodate, v. the care services that the applicant, when licensed, will make available to the residents of the retirement home, and vi. information about the status of the application, including any decision that the Registrar has made with respect to the application and information about any appeals from that decision. 2. For each licence, i. the name and address of the licensee, ii. the name and address of the retirement home, iii. a statement whether there is an automatic sprinkler in the room of each resident of the retirement home or elsewhere in the home and, if so, information about the sprinklers, iv. the number of residents that the retirement home can accommodate, v. the care services that the applicant, when licensed, will make available to the residents of the retirement home, vi. the class of licence, if any, issued to the licensee, vii. the conditions, if any, imposed on the licence by the Registrar, viii. a summary of each inspection report prepared with respect to the retirement home, with all personal information and personal health information redacted, ix. information about any orders issued by the Registrar to the licensee, including information about appeals from those orders, with all personal information and personal health information redacted, x. information about any conviction of the licensee or any of its directors or officers for an offence under this Act, including the penalty imposed on conviction, and xi. information about any termination, revocation or surrender of the licence. 3. Any other information required by the regulations.  2010, c. 11, s. 106 (1); 2021, c. 39, Sched. 3, s. 10 (1, 2). Available to the public (2) The Registrar shall make the information in the registers available for public inspection.  2010, c. 11, s. 106 (2). Exception (3) The Registrar may withhold some or all of the information listed in subsection (1) from public inspection if the Registrar is satisfied that, (a) disclosing the information may contravene another Act or may cause undue prejudice to an applicant; and (b) withholding the information would not have a significant effect on residents or other consumers within the meaning of section 9. 2021, c. 39, Sched. 3, s. 10 (3). Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 3, s. 10 (1-3) - 09/12/2021
107 The Authority may publish or otherwise make available to the public statistical information about retirement homes.  2010, c. 11, s. 107.
108 (1) The Registrar may at any time request a licensee of a retirement home to give the Registrar, within the time period specified by the Registrar, information that the Registrar specifies in accordance with processes and criteria that the Authority establishes and that the Minister approves and that relates to, (a) the types of care services that the licensee makes available in the home; (b) clinical and functional profiles of residents of the home if the profiles are de-identified; (c) the licensee’s operation of the home and compliance with this Act; or (d) any other prescribed matters. 2010, c. 11, s. 108 (1); 2017, c. 25, Sched. 10, s. 26; 2021, c. 39, Sched. 3, s. 11. Definition (2) In subsection (1), “de-identify”, in relation to information of an individual, means to remove any information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify the individual.  2010, c. 11, s. 108 (2). Compliance with request (3) The licensee shall comply with a request by the Registrar under subsection (1).  2010, c. 11, s. 108 (3). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 26 - 12/12/2017 2021, c. 39, Sched. 3, s. 11 - 09/12/2021
108.1 The Authority may require a licensee to deliver a written communication, on behalf of the Authority, to a resident or their substitute decision-maker in the time and manner the Authority may specify. 2021, c. 39, Sched. 3, s. 12. Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 3, s. 12 - 16/03/2022
109 (1) At least two months before any of the following events occurs or as soon as practicable, the licensee shall give the Registrar a written notice setting out the details of the event: 1. A person ceases to have a controlling interest in the licensee. 2. A person acquires a controlling interest in the licensee. 3. Any other event that would result in the termination of the licence.  2010, c. 11, s. 109 (1). Same (2) As soon as possible after any of the following events occurs, the licensee shall give the Registrar a written notice setting out the details of the event: 1. A change in the directors or officers of the licensee. 2. A change in the directors or officers of a person who has a controlling interest in the licensee. 3. The licensee employs or retains a person to manage the operations or most of the operations of the retirement home. 4. Any other event that is prescribed.  2010, c. 11, s. 109 (2).
110 (1) Everyone has the right to use French in all prescribed dealings with the Authority.  2010, c. 11, s. 110 (1). Publication (2) The Authority shall ensure that all communications, information and notices with respect to any prescribed dealings with licensees, residents or members of the public are made available in French in accordance with the regulations.  2010, c. 11, s. 110 (2).
111 (1) Any notice, order or other document required to be given or served on a person under this Act is sufficiently given or served if it is, (a) delivered directly to the person; (b) left at the last known address of the person, either in a place that appears to be for incoming mail or with an individual who appears to be 16 years old or older; (c) sent by regular mail to the last known address of the person; (d) sent by commercial courier to the last known address of the person; (e) sent by e-mail to the last known e-mail address of the person; (f) sent by fax to the last known fax number of the person; or (g) given by other means specified by the regulations.  2010, c. 11, s. 111 (1). Deemed receipt (2) Subject to subsection (4), (a) a document left under clause (1) (b) shall be deemed to have been received on the first business day after the day it was left; (b) a document sent under clause (1) (c) shall be deemed to have been received on the fifth business day after the day it was mailed; (c) a document sent under clause (1) (d) shall be deemed to have been received on the second business day after the day the commercial courier received it; (d) a document sent under clause (1) (e) or (f) shall be deemed to have been received on the first business day after the day it was sent; and (e) a document given under clause (1) (g) shall be deemed to have been received on the day specified by the regulations.  2010, c. 11, s. 111 (2). Definition (3) In subsection (2), “business day” means a day from Monday to Friday, other than a holiday as defined in section 87 of the Legislation Act, 2006.  2010, c. 11, s. 111 (3). Failure to receive document (4) Subsection (2) does not apply if the person establishes that, acting in good faith, the person did not receive the document or received it on a later date because of an absence, accident, illness or other cause beyond the person’s control.  2010, c. 11, s. 111 (4).
112 (1) A document that purports to be signed by the Registrar or an inspector or a certified copy of a document that purports to be signed by the Registrar or an inspector is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, that the document was signed by the Registrar or an inspector, as the case may be, without proof of the office or signature of the Registrar or the inspector.  2010, c. 11, s. 112 (1). Same, statement (2) A statement that purports to be certified by the Registrar or an inspector is, without proof of the office or signature of the Registrar or the inspector, as the case may be, admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it in relation to, (a) whether any person is licensed or not licensed to operate a retirement home; (b) the receipt or non-receipt of any document required or permitted to be given to the Registrar or the inspector; (c) the day on which evidence of a person’s contravention of a requirement under this Act first came to the attention of the Registrar or the inspector; and (d) whether a residential complex or a part of it is occupied primarily by persons who are 65 years of age or older.  2010, c. 11, s. 112 (2).
115 (1) No person shall retaliate or threaten to retaliate against another person, whether by action or omission, because any person has disclosed anything to the Registrar or an inspector or has provided evidence that has been or may be given in a proceeding, including a proceeding in respect of the enforcement of this Act or the regulations, or in an inquest under the Coroners Act.  2010, c. 11, s. 115 (1). Interpretation, retaliate (2) Without limiting the meaning of “retaliate” in this section, the following constitute retaliation for the purpose of this section: 1. Dismissing, suspending or disciplining a member of the staff of a retirement home. 2. Evicting a resident from a retirement home. 3. Subjecting a resident of a retirement home to discriminatory treatment. 4. Imposing a penalty on any person. 5. Intimidating, coercing or harassing any person.  2010, c. 11, s. 115 (2). Interpretation, discriminatory treatment (3) Without limiting the meaning of “discriminatory treatment” in subsection (2), discriminatory treatment for the purpose of that subsection includes any change in or discontinuation of any service or care provided to a resident.  2010, c. 11, s. 115 (3). Threats against resident made to others (4) The prohibition in subsection (1) includes threatening a family member of a resident, substitute decision-maker of a resident, or person of importance to a resident with retaliation against the resident.  2010, c. 11, s. 115 (4). Malicious, etc., disclosure (5) The prohibition in subsection (1) applies to retaliation or threatening retaliation against a resident, even if the disclosure to the Registrar or inspector was made maliciously or in bad faith.  2010, c. 11, s. 115 (5). Disclosure not to be discouraged (6) None of the following persons shall do anything that discourages, is aimed at discouraging or has the effect of discouraging a person from making a disclosure to the Registrar or an inspector: 1. The licensee of a retirement home. 2. A member of the staff of a retirement home. 3. If the member mentioned in paragraph 2 is a corporation, a director or officer of the corporation.  2010, c. 11, s. 115 (6). Protection from legal action (7) No action or other proceeding shall be instituted against any person for making a disclosure to the Registrar or an inspector, unless the person acted maliciously or in bad faith.  2010, c. 11, s. 115 (7).
116 (1) In this section, “Board” means the Ontario Labour Relations Board; (“Commission”) “employer”, in relation to a member of the staff of a retirement home, means, (a) the licensee of the home, if the member works at the home as an employee of the licensee or pursuant to a contract or agreement with the licensee, or (b) if the member works at the home pursuant to a contract or agreement between the licensee of the home and an employment agency or other third party, the employment agency or third party. (“employeur”)  2010, c. 11, s. 116 (1). Arbitration or complaint (2) A member of the staff of a retirement home who complains that the employer or a person acting on behalf of the employer has contravened section 115 may either have the matter dealt with by final and binding settlement by arbitration under the collective agreement, if any, that applies to the member and his or her employer or file a complaint with the Board, in which case the rules governing the practice and procedure of the Board apply with necessary modifications to the complaint.  2010, c. 11, s. 116 (2). Inquiry by Board (3) The Board may inquire into any complaint filed under subsection (2) and, if the Board does so, subsections 96 (1), (2), (3), (4), (6), (7) and (8) and sections 110, 111, 114 and 116 of the Labour Relations Act, 1995 apply with necessary modifications.  2010, c. 11, s. 116 (3). Onus of proof (4) On an inquiry under subsection (3), the onus is on the employer or the person acting on behalf of the employer to prove that the employer or person, as the case may be, did not contravene section 115.  2010, c. 11, s. 116 (4). Board may substitute penalty (5) If, on an inquiry under subsection (3), the Board determines that an employer has dismissed, suspended or disciplined a member of the staff of a retirement home for cause and the contract of employment or the collective agreement, as the case may be, does not contain a specific penalty for the reason for the dismissal, suspension or discipline, the Board may substitute any other penalty that it considers just and reasonable in the circumstances in the place of the dismissal, suspension or discipline.  2010, c. 11, s. 116 (5).
117 No person shall hinder or obstruct any person in the performance of his or her duties under this Act.  2010, c. 11, s. 117.
118 No person shall knowingly provide false or misleading information to an inspector, the Registrar or any person employed or retained by the Authority in any statement or document in respect of any matter relating to this Act or the regulations, whether made or given orally, on paper or electronically.  2010, c. 11, s. 118.
119 Nothing in this Act overrides or affects any rights or obligations that a tenant or landlord has under the Residential Tenancies Act, 2006.  2010, c. 11, s. 119.
120 (1) Within five years after this section comes into force, the Minister shall undertake a comprehensive review of this Act and shall prepare a report setting out the findings of the review.  2010, c. 11, s. 120 (1). Tabling in Assembly (2) The Minister shall deliver the report to the Speaker of the Assembly, who shall lay the report before the Assembly at the earliest reasonable opportunity.  2010, c. 11, s. 120 (2).