jswizzle3737/ontario_laws_and_regs huggingface dataset:
3 (1) For the purposes of this Act and without limiting the meaning of “controlling interest”, (a) a person has a controlling interest in a corporation if, (i) the person, either alone or with one or more associates, directly or indirectly owns, beneficially or otherwise, other than by way of security only, voting shares of the corporation carrying more than 50 per cent of the votes for the election of directors, and (ii) the votes carried by such shares are sufficient, if exercised, to elect a majority of the board of directors of the corporation; (b) a person has a controlling interest in an entity that is not a corporation if the person, either alone or with one or more associates, has the direct or indirect right or ability, beneficially or otherwise, to direct the management and policies of the entity; and (c) a person has a controlling interest in a second person if the person, either alone or with one or more associates, has a controlling interest within the meaning of clause (a) or (b), as applicable, in a third person who has a controlling interest within the meaning of clause (a) or (b), as applicable, in the second person, and so on.  2010, c. 11, s. 3 (1). Associate (2) For the purpose of this section, one person is an associate of another person if, (a) one person is a corporation of which the other person is a director or officer; (b) one person is a partnership of which the other person is a partner; (c) one person is a corporation that is controlled, directly or indirectly, by the other person; (d) both persons are members of the same voting trust relating to shares of a corporation; (e) one person is the father, mother, brother, sister, son, daughter or spouse of the other person or is another relative who has the same residence as the other person; or (f) both persons are associates, within the meaning of clauses (a) to (e), of the same person.  2010, c. 11, s. 3 (2). Spouse (3) In subsection (2), “spouse” means, (a) a spouse as defined in section 1 of the Family Law Act, or (b) either of two persons who live together in a conjugal relationship outside marriage.  2010, c. 11, s. 3 (3).
4 A reference in this Act to contravention of a requirement under this Act means contravention of or non-compliance with any of the following, and a reference in this Act to compliance with the requirements under this Act means compliance with all of the following: 1. The provisions of this Act or the regulations. 2. The obligations, terms, conditions, limitations and restrictions prescribed for the licence held by the licensee. 3. The conditions imposed by the Registrar on the licensee’s licence. 4. The orders issued by the Registrar to the licensee under this Act.  2010, c. 11, s. 4.
5 Any expression in this Act referring to rooms in a retirement home that are being used as living quarters for one or more residents does not include any common area in the retirement home or any area used by its staff.  2010, c. 11, s. 5.
6 For the purposes of this Act, a decision or order shall be considered to have become final when no further reviews or appeals are available with respect to the decision or order.  2010, c. 11, s. 6.
7 If the regulations prescribe classes of licence, a reference in this Act or the regulations to a refusal to issue a licence to an applicant includes a refusal to issue a licence of the specific class of licence for which the applicant applied.  2010, c. 11, s. 7.
8 A reference in this Act or the regulations to the imposition of a condition on a licensee’s licence includes a refusal to remove a condition from a licensee’s licence.  2010, c. 11, s. 8. part Ii   Retirement Homes Regulatory Authority Definition
9 In this Part, “consumer” means a resident, a family member of a resident, a person of importance to a resident, a representative of a seniors’ organization or an individual who advocates for seniors.  2010, c. 11, s. 9. Corporation
10 A corporation without share capital is established under the name Retirement Homes Regulatory Authority in English and Office de réglementation des maisons de retraite in French.  2010, c. 11, s. 10.
11 (1) The Authority is composed of the members of its board of directors.  2010, c. 11, s. 11 (1). Same (2) A person ceases to be a member of the Authority when he or she ceases to be a director of the Authority.  2010, c. 11, s. 11 (2).
12 (1) The Authority shall have a board of directors which shall manage or supervise the management of the affairs of the Authority.  2010, c. 11, s. 12 (1). Composition (2) The board shall consist of nine directors unless the number is changed by order of the Minister under subsection (3).  2010, c. 11, s. 12 (2). Change in number of directors (3) The Minister may, by order, increase or decrease the number of directors on the board.  2010, c. 11, s. 12 (3). Appointed directors (4) The Lieutenant Governor in Council may appoint directors to the board.  2010, c. 11, s. 12 (4). Not majority (5) The Lieutenant Governor in Council shall ensure, when appointing directors under subsection (4), and the Minister shall ensure, when increasing or decreasing the number of directors under subsection (3), that the directors appointed by the Lieutenant Governor in Council do not constitute a majority of the number of directors required to be on the board.  2010, c. 11, s. 12 (5). Representation (6) The directors appointed by the Lieutenant Governor in Council may include licensees, consumers, and representatives of business, government, government organizations and other interests that the Lieutenant Governor in Council determines.  2010, c. 11, s. 12 (6). Elected directors (7) Directors, other than the directors appointed by the Lieutenant Governor in Council, shall be elected by the members of the board.  2010, c. 11, s. 12 (7). Qualifications (8) The Minister may, by order, set the qualifications for being a director of the Authority and only persons who meet those qualifications shall be appointed or elected as directors.  2010, c. 11, s. 12 (8). Representation, etc., elected directors (9) The Minister may, by order, establish rules regarding who can serve as directors elected to the board, including, (a) that no more than a fixed percentage of members of the board shall be drawn from among the persons or classes of persons specified in the order; (b) the criteria for their nomination; (c) the process for their election; (d) the length of their term; and (e) whether they can be re-elected. 2020, c. 14, Sched. 7, s. 1. Order prevails (10) An order made under subsection (9) prevails over a by-law made under subsection 14 (2) in the case of conflict. 2020, c. 14, Sched. 7, s. 1. Remuneration and expenses (11) The Authority shall pay reasonable remuneration and expenses to the directors.  2010, c. 11, s. 12 (11). Reappointment (12) A director is eligible to be reappointed or re-elected.  2010, c. 11, s. 12 (12). Quorum (13) A majority of the number of directors required to be on the board constitutes a quorum.  2010, c. 11, s. 12 (13). Chair (14) The Minister shall designate a chair of the board from among the directors.  2010, c. 11, s. 12 (14). (15) Repealed: 2021, c. 39, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 1 - 14/07/2020 2021, c. 39, Sched. 3, s. 1 - 09/12/2021 13 Repealed: 2021, c. 39, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 3, s. 1 - 09/12/2021
14 (1) The board may make by-laws for the management of the Authority and for the conduct and administration of the Authority’s affairs.  2010, c. 11, s. 14 (1). Same, elected directors (2) The board shall make a by-law regarding who can serve as directors elected to the board, the criteria for their nomination, the process for their election, the length of their term and whether they can be re-elected.  2010, c. 11, s. 14 (2). Minister’s approval required (3) The board may make a by-law described in subsection (2) only with the approval in writing of the Minister.  2010, c. 11, s. 14 (3). Available to the public (4) The Authority shall make the by-laws available for public inspection within the time specified in the memorandum of understanding or, if no time is specified in the memorandum of understanding, within 30 days after they are made by the board. 2020, c. 14, Sched. 7, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 2 - 14/07/2020
15 (1) In the event of conflict between any provision of this Act or the regulations and any provision of the Not-for-Profit Corporations Act, 2010 or the Corporations Information Act or of a regulation made under either of those Acts, the provision of this Act or the regulations prevails.  2010, c. 11, s. 15; 2017, c. 20, Sched. 8, s. 126. Conflict, Minister’s order (2) In the event of a conflict, a Minister’s order made under this Act prevails over the memorandum of understanding and the Authority’s by-laws and resolutions. 2020, c. 14, Sched. 7, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 126 - 19/10/2021 2020, c. 14, Sched. 7, s. 3 - 14/07/2020 Objects, Powers and Duties
16 The objects of the Authority are, (a) to administer this Act and the regulations, including overseeing their enforcement, for the purpose of ensuring that retirement homes are operated in accordance with this Act and the regulations; (b) to educate licensees, consumers and the public about matters relating to this Act and the regulations, including the requirements applicable to licensees, the prescribed care and safety standards for retirement homes, the rights of residents and best practices for the operation of retirement homes; (c) to provide information about retirement homes; (d) to advise the Minister on policy matters relating to retirement homes; (d.1) to suggest to the Minister amendments to Ontario legislation that it considers would further the purposes of this Act or would assist the Authority in administering the Act and the regulations; and (e) to carry out any other duties or powers assigned to it under any Act or by the Minister.  2010, c. 11, s. 16; 2020, c. 14, Sched. 7, s. 4. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 4 - 14/07/2020
17 The Authority has the capacity and the rights, powers and privileges of a natural person, except as limited by this Act or the regulations.  2010, c. 11, s. 17.
18 (1) The Minister and the Authority shall enter into a memorandum of understanding, which must, at a minimum, (a) set out requirements relating to the governance of the Authority; (b) set out requirements with which the Authority shall comply in connection with its administration of this Act and the regulations, including a requirement that the Authority maintain adequate insurance against liability arising out of its administration of this Act and the regulations; (c) set out requirements with which the Authority shall comply in connection with carrying out its other objects; and (d) set out the financial terms of the administration of this Act. 2010, c. 11, s. 18 (1); 2020, c. 14, Sched. 7, s. 5 (1). Conflict (2) In the event of conflict between any provision of this Act or the regulations and any provision of the memorandum of understanding, by-laws and resolutions, the provision of this Act or the regulations prevails. 2020, c. 14, Sched. 7, s. 5 (2). Amendment by Minister (3) If the Minister considers it reasonable to do so in the public interest, the Minister may unilaterally amend the memorandum of understanding after giving the Authority the notice that the Minister considers reasonable in the circumstances. 2017, c. 25, Sched. 10, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 2 - 12/12/2017 2020, c. 14, Sched. 7, s. 5 (1, 2) - 14/07/2020
19 (1) If the Minister considers it in the public interest to do so, the Minister may issue policy directions to the Authority relating to its administration of this Act and the regulations after giving the Authority the notice that the Minister considers reasonable in the circumstances. 2020, c. 14, Sched. 7, s. 6. Part of MOU (1.1) The policy directions issued under subsection (1) are deemed to form part of the memorandum of understanding. 2020, c. 14, Sched. 7, s. 6. Compliance with directions (2) The Authority shall comply with the directions given by the Minister under this section.  2010, c. 11, s. 19 (2). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 6 - 14/07/2020
19.1 The Minister may require the Authority to, (a) establish one or more advisory committees; (b) include, as members of an advisory committee, at least one consumer representative of the retirement home sector and any other individuals that the board selects or that the Minister determines; or (c) undertake an advisory process in which it seeks advice from one or both of the public and persons with experience or knowledge relating to this Act. 2017, c. 25, Sched. 10, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 3 - 12/12/2017
19.2 (1) The Minister may, (a) require that policy, legislative or regulatory reviews related to the powers and duties of the Authority under this Act, the regulations or the memorandum of understanding be carried out, (i) by or on behalf of the Authority, or (ii) by a person or entity specified by the Minister; or (b) require that reviews of the Authority, of its operations or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out, (i) by or on behalf of the Authority, or (ii) by a person or entity specified by the Minister. 2017, c. 25, Sched. 10, s. 3. Access to records (2) If a review is carried out by a person or entity specified by the Minister, the Authority shall give the person or entity specified by the Minister and the employees and agents of the person or entity access to all records and other information required to conduct the review. 2017, c. 25, Sched. 10, s. 3; 2020, c. 14, Sched. 7, s. 7 (1). Report to Minister (3) The results of reviews under this section shall be reported to the Minister, within the time specified by the Minister. 2020, c. 14, Sched. 7, s. 7 (2). Terms and conditions (4) The Minister may impose terms and conditions with respect to a review carried out under this section. 2020, c. 14, Sched. 7, s. 7 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 3 - 12/12/2017 2020, c. 14, Sched. 7, s. 7 (1, 2) - 14/07/2020
19.3 (1) The Authority shall promptly inform and advise the Minister with respect to, (a) any information that could affect the Authority’s ability to perform its duties under this Act and the regulations; and (b) any urgent or critical matter that is likely to require action by the Minister. 2020, c. 14, Sched. 7, s. 8. Same (2) The Authority shall advise or report to the Minister, within the time period that the Minister specifies, on any matter that the Minister refers to it and that relates to this Act and the regulations. 2020, c. 14, Sched. 7, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 8 - 14/07/2020
19.4 The Minister may consult with the Authority about proposed legislative or policy changes that may affect the Authority and its activities. 2020, c. 14, Sched. 7, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 8 - 14/07/2020
20 In connection with administering this Act and the regulations, the Authority may require the use of forms developed by it.  2010, c. 11, s. 20.
21 (1) The Authority may set and charge fees, costs or other charges in relation to anything that the Authority does in administering this Act and the regulations or anything that the Registrar does under this Act and the regulations, as long as the decisions to set and charge are made in accordance with processes and criteria that the Authority establishes and that the Minister approves. 2020, c. 14, Sched. 7, s. 9 (1). Exception (2) The Authority shall not set or charge any fees, costs or charges payable by a person for making a complaint described in subsection 83 (1) to the Registrar. 2020, c. 14, Sched. 7, s. 9 (1). Setting fees, etc. (3) In setting the fees, costs and charges described in subsection (1), the Authority may specify their amounts or the method for determining the amounts. 2020, c. 14, Sched. 7, s. 9 (1). Collection (4) The Authority may, (a) set the time and manner of payment of the fees, costs and charges charged by it under subsection (1); and (b) require the payment of interest and other penalties, including payment of collection costs, when fees, costs and charges charged under subsection (1) are unpaid or paid after the due date. 2020, c. 14, Sched. 7, s. 9 (1). Publication (5) The Authority, (a) shall publish the fees, costs and charges, the processes and criteria and anything set or required under subsection (4) on its website and in any other way described in the memorandum of understanding; and (b) may publish anything mentioned in clause (a) in any other format the Authority considers advisable. 2020, c. 14, Sched. 7, s. 9 (1). Not public money (6) For greater certainty, the money that the Authority collects in administering this Act and the regulations is not public money as defined in the Financial Administration Act, and the Authority may use the money to carry out its objects subject to section 32.2. 2020, c. 14, Sched. 7, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 9 (1) - 14/07/2020; 2020, c. 14, Sched. 7, s. 9 (2) - 01/07/2021
22 (1) The Authority may employ or retain the services of the qualified persons that it considers necessary for the administration of this Act and the regulations, the carrying out of the Authority’s other objects, and the fulfilment of its obligations under the memorandum of understanding.  2010, c. 11, s. 22 (1); 2017, c. 25, Sched. 10, s. 4. Not employees of the Crown (2) The employees of the Authority are not and shall not be deemed to be employees of the Crown.  2010, c. 11, s. 22 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 4 - 12/12/2017
22.1 The Authority shall follow the prescribed processes and procedures with respect to providing access to the public to records of the Authority and with respect to managing personal information contained in those records. 2020, c. 14, Sched. 7, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 5 - 12/12/2017 2020, c. 14, Sched. 7, s. 10 - 14/07/2020
22.2 (1) The Minister may, by order, require the Authority to make available to the public, on its website and by any other means that the Authority determines, any information specified by the Minister relating to, (a) the compensation that the Authority pays to members of the board, its officers and its employees; and (b) any other payments that the Authority makes or is required to make to the persons mentioned in clause (a). 2020, c. 14, Sched. 7, s. 11. Information for prior period (2) An order made under subsection (1) may require that the Authority make information referred to in that subsection available to the public with respect to a period that began before the day this section came into force, where the information relates to a member of its board, an officer or employee who was in office or employed on the day this section came into force. 2020, c. 14, Sched. 7, s. 11. Effect of compliance (3) If the Authority makes information available to the public in accordance with an order under subsection (1), or in the reasonable belief that the action is required by the order, no court, person or other entity shall find that the Authority, (a) has contravened any Act enacted or regulation made before or after this section came into force; or (b) is in breach of or has contravened any agreement that purports to restrict or prohibit that action, regardless of whether the agreement is made before or after this section came into force. 2020, c. 14, Sched. 7, s. 11. Definition (4) In this section, “compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle the person to be paid, and includes salary, benefits, perquisites and all forms of non-discretionary and discretionary payments. 2020, c. 14, Sched. 7, s. 11. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 11 - 14/07/2020
22.3 (1) The Minister shall publish any orders the Minister makes under this Act on a website of the Government of Ontario. 2020, c. 14, Sched. 7, s. 12. Not regulations (2) For greater certainty, Part III (Regulations) of the Legislation Act, 2006 does not apply to orders made by the Minister under this Act. 2020, c. 14, Sched. 7, s. 12. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 12 - 01/07/2021
23 (1) The board shall appoint a Registrar who shall perform the duties assigned to the Registrar under this Act and by the board.  2010, c. 11, s. 23 (1). No hearing required (2) Subject to the regulations, the Registrar is not required to hold a hearing or to afford a person an opportunity for a hearing before doing anything under this Act.  2010, c. 11, s. 23 (2). Non-application of Statutory Powers Procedure Act (3) The Statutory Powers Procedure Act does not apply to anything done by the Registrar under this Act.  2010, c. 11, s. 23 (3).
23.1 (1) The board may appoint a maximum of two Deputy Registrars who shall perform the duties that the Registrar assigns and shall act as the Registrar in the Registrar’s absence. 2017, c. 25, Sched. 10, s. 6. If more than one Deputy Registrar (2) If more than one Deputy Registrar is appointed, only one Deputy Registrar may act as the Registrar under subsection (1) at any one time. 2017, c. 25, Sched. 10, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 6 - 12/12/2017
24 (1) The board shall, with the approval of the Minister, appoint a Risk Officer by a resolution approved by at least two-thirds of the members of the board.  2010, c. 11, s. 24 (1). Removal from office (2) The Risk Officer may be removed from office only by a resolution approved by at least two-thirds of the members of the board.  2010, c. 11, s. 24 (2). Duties and powers (3) The Risk Officer, (a) shall review, and assess the effectiveness of, the Authority’s administration of this Act and the regulations, including the Authority’s activities and proposed activities related to ensuring that licensees meet the care standards and safety standards set out in this Act and the regulations and respect the rights of residents set out in this Act and the regulations; and (b) shall perform the other duties and may exercise the other powers that are prescribed.  2010, c. 11, s. 24 (3). Required reports (4) The Risk Officer shall, (a) prepare and give the board and the Minister an annual report about the Authority’s activities and proposed activities mentioned in subsection (3); (b) prepare and give the board the other reports that the board requests; and (c) prepare and give the Minister the reports that the Minister requests.  2010, c. 11, s. 24 (4). Optional reports (5) The Risk Officer may prepare and give the board a report on any matter related to the Authority’s activities or proposed activities mentioned in subsection (3), at the times that the Officer considers it in the public interest to do so.  2010, c. 11, s. 24 (5). Access to records and information (6) When the Risk Officer performs a duty under subsection (3) or prepares a report under subsection (4) or (5), the Authority shall give the Officer access to all records and other information that the Officer believes to be necessary in order to perform that duty or prepare that report.  2010, c. 11, s. 24 (6). Board response to annual report (7) The board shall review the Risk Officer’s annual report at the next annual meeting of the members of the Authority that takes place after the board receives the report and shall make the report available for public inspection promptly after the meeting.  2010, c. 11, s. 24 (7). Board response to other reports (8) Within six months after receiving any other report prepared by the Risk Officer under clause (4) (b) or subsection (5), the board shall review the report and make it available for public inspection.  2010, c. 11, s. 24 (8). Minister to review and disclose other reports (9) Within six months after receiving a report prepared by the Risk Officer under clause (4) (c), the Minister shall review the report and make it available for public inspection.  2010, c. 11, s. 24 (9).
25 (1) The board shall appoint a Complaints Review Officer by a resolution approved by at least two-thirds of the members of the board.  2010, c. 11, s. 25 (1). Removal from office (2) The Complaints Review Officer may be removed from office only by a resolution approved by at least two-thirds of the members of the board.  2010, c. 11, s. 25 (2).
26 The Authority, (a) with the approval of the Minister, shall establish a code of ethics that includes rules respecting conflicts of interest, political activity and disclosure of wrongdoing; (b) shall ensure that the code of ethics is complied with by every director and officer of the Authority, every inspector and every other person employed, retained or appointed by the Authority; and (c) shall ensure that the code of ethics is available for public inspection.  2010, c. 11, s. 26.
27 (1) A fund is established under the name Retirement Homes Regulatory Authority Emergency Fund in English and Fonds d’urgence de l’Office de réglementation des maisons de retraite in French.  2010, c. 11, s. 27 (1). Same (2) The Authority shall make payments into the Fund, hold the property of the Fund in trust, make payments out of the Fund, require repayment to the Fund and otherwise administer and manage the Fund in accordance with the regulations.  2010, c. 11, s. 27 (2).
28 (1) No action or other proceeding shall be instituted against a director or officer of the Authority, an inspector or any other person employed, retained or appointed by the Authority for any act done in good faith in the execution or intended execution of any duty imposed or power conferred by this Act or the regulations, or for any alleged omission in the execution in good faith of that duty or power.  2010, c. 11, s. 28 (1). Liability of the Authority (2) Subsection (1) does not relieve the Authority of any liability to which it would otherwise be subject in respect of an act or omission of a person mentioned in that subsection.  2010, c. 11, s. 28 (2).
29 (1) The Authority, the members, directors and officers of the Authority, the inspectors and the other persons employed, retained or appointed by the Authority are not agents of the Crown and shall not hold themselves out as agents of the Crown.  2010, c. 11, s. 29 (1). Same (2) The directors mentioned in subsection (1) include directors appointed by the Lieutenant Governor in Council.  2010, c. 11, s. 29 (2).
30 (1) No cause of action arises against the Crown, a minister of the Crown, a Crown employee or a Crown agent as a direct or indirect result of any act or omission of a person who is not a minister of the Crown, a Crown employee or a Crown agent if the act or omission is related, directly or indirectly, to the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations or a Minister’s order. 2020, c. 14, Sched. 7, s. 13 (1). Same (1.1) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (1). 2020, c. 14, Sched. 7, s. 13 (1). Application (1.2) Without limiting the generality of subsection (1.1), that subsection applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, including loss of revenue and loss of profit, or any other remedy or relief, including a proceeding to enforce a judgment, order or award made by a court, tribunal or arbitrator outside of Canada. 2020, c. 14, Sched. 7, s. 13 (1). Indemnification of the Crown (2) The Authority shall indemnify the Crown, in accordance with the memorandum of understanding, in respect of damages and costs incurred by the Crown for any act or omission of the Authority or its officers, directors, inspectors, investigators, employees or agents, (a) in carrying out the administration of this Act, the regulations, a Minister’s order or the memorandum of understanding; or (b) in the execution or intended execution of its powers and duties under this Act, the regulations, a Minister’s order or the memorandum of understanding. 2020, c. 14, Sched. 7, s. 13 (2). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 13 (1) - 14/07/2020; 2020, c. 14, Sched. 7, s. 13 (2) - 01/07/2021
30.1 (1) No action or other proceeding shall be instituted against an employee of the Crown or a former employee for any act done in good faith in the exercise or intended exercise or performance of any duty or power under this Act, the regulations or a Minister’s order or for any alleged neglect or default in the exercise or performance in good faith of such a duty or power. 2020, c. 14, Sched. 7, s. 14. Crown liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) of this section does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject. 2020, c. 14, Sched. 7, s. 14. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 14 - 14/07/2020
31 (1) The Authority shall give the Minister an annual report about its activities and financial affairs. 2020, c. 14, Sched. 7, s. 15 (1). Form and content (2) The report shall be in a form acceptable to the Minister and shall provide the information that the Minister requires.  2010, c. 11, s. 31 (2). Available to the public (3) The Authority shall publish the report on its website and by any other method within the period and in the manner the Minister requires. 2020, c. 14, Sched. 7, s. 15 (2). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 15 (1, 2) - 14/07/2020
31.1 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the Authority, other than an audit required under the Not-for-Profit Corporations Act, 2010. 2017, c. 25, Sched. 10, s. 7. Access to records and information (2) If the Auditor General conducts an audit under subsection (1), the Authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. 2017, c. 25, Sched. 10, s. 7 (1). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 7 (1) - 12/12/2017; 2017, c. 25, Sched. 10, s. 7 (2) - 19/10/2021
32 (1) If the Minister considers it in the public interest to do so, the Minister may, by order, appoint an administrator of the Authority for the purpose of assuming control of the Authority and responsibility for its activities.  2010, c. 11, s. 32 (1); 2020, c. 14, Sched. 7, s. 16 (1). Notice of appointment (2) The Minister shall give the board the notice that the Minister considers reasonable in the circumstances before appointing the administrator, unless there are not enough directors on the board to form a quorum, in which case the Minister may appoint the administrator without notice. 2020, c. 14, Sched. 7, s. 16 (2). Term of appointment (3) The appointment of an administrator remains in force until the Minister terminates it.  2010, c. 11, s. 32 (3). Powers and duties (4) The Minister may specify in the appointment the powers and duties of the administrator and the terms and conditions governing those powers and duties.  2010, c. 11, s. 32 (4). Same (5) The administrator has the exclusive right to exercise all the powers and perform all the duties of the Authority and its members, directors and officers, unless the appointment provides otherwise.  2010, c. 11, s. 32 (5). Approval of board acts (6) If the administrator’s appointment provides that the board may continue to act during the term of the appointment, any act of the board during that time is valid only if the administrator approves it in writing.  2010, c. 11, s. 32 (6). Rights with respect to documents, etc. (7) The administrator has the same rights as the board in respect of the records, documents and information of the Authority.  2010, c. 11, s. 32 (7). Accountability to Minister (8) The administrator shall report to the Minister as the Minister requires and shall comply with the Minister’s directions.  2010, c. 11, s. 32 (8). No personal liability (9) No action or other proceeding shall be instituted against the administrator for any act done in good faith in the execution or intended execution of any duty imposed or power conferred by this Act, the regulations, a Minister’s order or the administrator’s appointment, or for any alleged omission in the execution in good faith of that duty or power.  2010, c. 11, s. 32 (9); 2020, c. 14, Sched. 7, s. 16 (3). Crown liability (10) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (9) does not relieve the Crown of any liability to which it would otherwise be subject.  2010, c. 11, s. 32 (10); 2019, c. 7, Sched. 17, s. 156. Liability of the Authority (11) Subsection (9) does not relieve the Authority of any liability to which it would otherwise be subject.  2010, c. 11, s. 32 (11). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 156 - 01/07/2019 2020, c. 14, Sched. 7, s. 16 (1-3) - 14/07/2020
32.1 (1) On the appointment of an administrator under subsection 32 (1), the members of the board of directors cease to hold office, unless the order provides otherwise. 2020, c. 14, Sched. 7, s. 17. Same (2) During the term of the administrator’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the order provides otherwise. 2020, c. 14, Sched. 7, s. 17. No personal liability (3) No action or other proceeding shall be instituted against a member or former member of the board for any act, neglect or default done by the administrator or the Authority after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2). 2020, c. 14, Sched. 7, s. 17. Crown liability (4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (3) of this section does not relieve the Crown of liability to which it would otherwise be subject. 2020, c. 14, Sched. 7, s. 17. Liability of designated administrative authority (5) Subsection (3) does not relieve the Authority of liability to which it would otherwise be subject. 2020, c. 14, Sched. 7, s. 17. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 17 - 14/07/2020
32.2 The Authority shall not engage in commercial activity through an individual, corporation or other entity that is related to the Authority. 2020, c. 14, Sched. 7, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 18 - 01/07/2021 part Iii   Licence to Operate a retirement home
33 (1) No person shall operate a retirement home unless the person is licensed under this Act to operate that specific home.  2010, c. 11, s. 33 (1). (2) Repealed: 2021, c. 39, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 3, s. 1 - 09/12/2021
34 In order to obtain a licence to operate a specific retirement home, a person shall apply to the Registrar in accordance with this Act and the regulations and shall provide the Registrar with the documents and information specified in the regulations and the other documents and information that the Registrar reasonably requires.  2010, c. 11, s. 34.
35 The Registrar shall issue a licence to operate a specific retirement home to an applicant if, in the opinion of the Registrar, the applicant has complied with section 34 and the following criteria have been met: 1. The applicant has demonstrated that the following persons are competent to operate the home in a responsible manner in accordance with this Act and the regulations and are in a position to provide or facilitate the provision of care services to its residents: i. The applicant. ii. If the applicant is a corporation, A. the persons who have a controlling interest in the applicant, and B. the directors and officers of the applicant. iii. If the applicant is not a corporation, the persons who have a controlling interest in the applicant. iv. If a person who has a controlling interest in the applicant is itself a corporation, the person’s directors and officers. 2. The past conduct of the persons described in subparagraphs 1 i, ii, iii and iv affords reasonable grounds to believe that the home will be operated, i. in accordance with this Act and the regulations and all other applicable Acts, regulations and municipal by-laws, ii. with honesty and integrity, and iii. in a manner that is not prejudicial to the health, safety or welfare of its residents. 3. The applicant has satisfied the prescribed requirements, if any, for the issuance of the class of licence for which the applicant is applying and is not ineligible for that class of licence on any ground specified in the regulations. 4. The applicant has satisfied the other requirements for the issuance of the licence that are specified in the regulations and the applicant is not ineligible for the licence on any ground specified in the regulations.  2010, c. 11, s. 35.
36 Subject to section 40, the Registrar shall refuse to issue a licence to an applicant if, in the opinion of the Registrar, the applicant has not complied with section 34 or the criteria set out in paragraphs 1 to 4 of section 35 have not been met.  2010, c. 11, s. 36.
37 (1) In order to determine whether the criteria in paragraphs 1 to 4 of section 35 have been met, the Registrar may, (a) make inquiries and conduct investigations into the character, financial history and competence of any licensee or any of the persons described in subparagraphs 1 i to iv of section 35; (b) require any licensee or any person who is the subject of an inquiry or investigation to provide material or information that is relevant to the inquiry or investigation; (c) request material or information that is relevant to the inquiry or investigation from any person that the Registrar has reason to believe can provide it; (d) require that any material or information provided under clause (b) or (c) be verified by statutory declaration or otherwise; and (e) cause an inspector to conduct an inspection of the retirement home and any place that is operated in connection with the home and from which services are provided to the home.  2010, c. 11, s. 37 (1); 2017, c. 25, Sched. 10, s. 8. (2) Repealed: 2021, c. 39, Sched. 3, s. 1. Application of s. 77 (3) Subsections 77 (4) to (12) and (17) apply with necessary modifications to an inspection under this section.  2010, c. 11, s. 37 (3). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 8 (1, 2) - 12/12/2017 2021, c. 39, Sched. 3, s. 1 - 09/12/2021
38 An applicant for a licence or a licensee shall pay all fees, costs and other charges set by the Authority under section 21. 2020, c. 14, Sched. 7, s. 19. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 19 - 14/07/2020
39 At or after the time a licence is issued, the Registrar may impose the conditions that the Registrar considers appropriate on the licence, subject to section 40.  2010, c. 11, s. 39.
40 (1) The Registrar shall not make a decision to refuse to issue a licence to an applicant or to impose a condition on a licensee’s licence at or after the time the licence is issued unless, before doing so, the Registrar, (a) serves a notice of intent to make the decision on the applicant or licensee, as the case may be, in accordance with subsection (2); (b) gives the applicant or licensee an opportunity to make written submissions with respect to the proposed decision in accordance with subsection (3); and (c) reviews the written submissions, if any, made by the applicant or licensee in accordance with subsection (3).  2010, c. 11, s. 40 (1). Content of notice of intent (2) A notice of intent shall, (a) set out the proposed decision and the reasons for it; and (b) state that the applicant or licensee may provide written submissions to the Registrar in accordance with subsection (3).  2010, c. 11, s. 40 (2). Written submissions (3) An applicant or licensee 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 applicant or licensee or within whatever other period is specified in the notice.  2010, c. 11, s. 40 (3).
41 If the Registrar makes a decision to refuse to issue a licence to an applicant or to impose a condition on a licensee’s licence, the Registrar shall serve on the applicant or licensee, as the case may be, a notice of decision setting out, (a) the decision and the reasons for it; and (b) the requirements of Part VI for appealing the decision to the Tribunal.  2010, c. 11, s. 41.
42 After a decision to refuse to issue a person a licence to operate a specific retirement home has become final, the person may reapply to the Registrar for a licence to operate the home if the person satisfies the Registrar that new or other evidence is available or that material circumstances have changed.  2010, c. 11, s. 42.
43 After a decision to impose a condition on a licensee’s licence has become final, the licensee may apply to the Registrar for removal of the condition if the licensee satisfies the Registrar that new or other evidence is available or that material circumstances have changed.  2010, c. 11, s. 43.
44 (1) A licensee of a retirement home shall not reduce the care services that the licensee makes available in the home, directly or indirectly, to the residents unless the licensee, (a) has delivered directly to each resident a written notice indicating the date the reduction will take effect, at least the prescribed number of days before the reduction takes effect; (b) has given the substitute decision-maker, if any, of each resident the written notice described in clause (a); (c) if a resident indicates that he or she is going to continue to reside in the home, has taken reasonable steps to facilitate the resident’s access to any external care providers that the resident needs; and (d) if a resident indicates that he or she is going to cease to reside in the home, has taken reasonable steps to find appropriate alternate accommodation for the resident.  2010, c. 11, s. 44 (1). Care services authorized for class of licence (2) If the regulations prescribe classes of licence relating to the provision of types of care services, a licensee holding a licence of a specific class in respect of a retirement home shall not make available to the residents of the home more, fewer or different care services than the types of care services authorized for that class of licence.  2010, c. 11, s. 44 (2).
45 No person may transfer any interest in a licence, including a beneficial interest.  2010, c. 11, s. 45.
46 (1) In this section, “security interest” means an interest in or charge on a licence or property of the licensee that includes a licence, where the interest or charge secures the repayment of a debt or the performance of any other obligation.  2010, c. 11, s. 46 (1). Exercise of security interest (2) The exercise by a person of a security interest in a licence or in property of a licensee that includes a licence does not result in a transfer of the licence if, within 15 days after exercising the interest, the person who exercises the interest gives the Registrar a written notice of the exercise of the interest and a written plan specifying how the person intends to manage the operations of the retirement home.  2010, c. 11, s. 46 (2). Time limit for acting as licensee (3) If the person exercising a security interest gives the notice required by subsection (2), the Registrar shall determine the time period for which the person may act as if the person were the licensee.  2010, c. 11, s. 46 (3). Extension of time limit (4) At any time before the expiry of the time period determined under subsection (3), the Registrar may extend the time period for which the person may act as if the person were the licensee.  2010, c. 11, s. 46 (4). Acting as licensee (5) During the time period determined under subsection (3) or (4), as the case may be, this Act applies with necessary modifications to the person as if the person were the licensee.  2010, c. 11, s. 46 (5). Receiver (6) This section applies, with necessary modifications, to a receiver appointed with respect to a licence or property of a licensee that includes a licence, as if the receiver were a person exercising a security interest.  2010, c. 11, s. 46 (6).
47 (1) The appointment of a trustee in bankruptcy for a licensee does not result in a transfer of any licence of the licensee, but this Act applies with necessary modifications to the trustee in bankruptcy that deals with the licence, as if that person were the licensee.  2010, c. 11, s. 47 (1). Notice to Registrar (2) Within 15 days after the date of the bankruptcy as defined in the Bankruptcy and Insolvency Act
(Canada) with respect to a licensee of a retirement home, the trustee in bankruptcy shall give the Registrar a written notice of the bankruptcy together with a written plan specifying how the trustee intends to manage the operations of the home.  2010, c. 11, s. 47 (2).
48 (1) Subject to subsection (2), a licence terminates, (a) when a person ceases to have a controlling interest in the licensee; (b) when a person acquires a controlling interest in the licensee; (c) at the time or on the occurrence of an event that is described in the licence; (d) at the time or on the occurrence of an event that is prescribed; or (e) at the expiration of the time period that the Registrar determines for the purpose of subsection 46 (3) or (4), as the case may be.  2010, c. 11, s. 48 (1). Continuation pending final decision (2) If the licensee applies to the Registrar for a new licence before the old licence terminates under subsection (1), the old licence shall be deemed not to terminate until the new licence is issued or the decision to refuse to issue the new licence has become final.  2010, c. 11, s. 48 (2).
49 (1) Subject to subsection (3), a licensee of a retirement home shall not cease operating it as a retirement home until the licensee, (a) has given the Registrar a transition plan that complies with the prescribed requirements, at least the prescribed number of days before the home ceases to be operated as a retirement home; (b) has delivered directly to each resident a written notice indicating the date the home will cease to be operated as a retirement home, at least the prescribed number of days before the home ceases to be operated as a retirement home, as the case may be; (c) has given the substitute decision-maker, if any, of each resident the written notice described in clause (b); (d) if a resident so requests, has taken reasonable steps to find appropriate alternate accommodation for the resident or to facilitate the resident’s access to any external care providers that the resident needs.  2010, c. 11, s. 49 (1). Deemed surrender of licence (2) The licensee’s licence is deemed to be surrendered on the date the retirement home ceases to be operated as a retirement home.  2010, c. 11, s. 49 (2). Exception (3) This section does not apply to a licensee of a retirement home if the Registrar makes an order under Part V to the licensee to cease operating the home or to revoke the licensee’s licence.  2010, c. 11, s. 49 (3). Part IV   residents’ rights, care and safety Interpretation