21f39 Fixing Long-Term Care Act, 2021, S.O. 2021, c. 39, Sched. 1 Ont.

a spouse as defined in section 1 of the Family Law Act, or

either of two persons who live together in a conjugal relationship outside marriage; (“conjoint”)

as employees of the licensee,

pursuant to a contract or agreement with the licensee, or

pursuant to a contract or agreement between the licensee and an employment agency or other third party; (“personnel”)

Every resident has the right to be treated with courtesy and respect and in a way that fully recognizes the resident’s inherent dignity, worth and individuality, regardless of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.

Every resident has the right to have their lifestyle and choices respected.

Every resident has the right to have their participation in decision-making respected.

Every resident has the right to freedom from abuse.

Every resident has the right to freedom from neglect by the licensee and staff.

Every resident has the right to communicate in confidence, receive visitors of their choice and consult in private with any person without interference.

Every resident has the right to form friendships and relationships and to participate in the life of the long-term care home.

Every resident has the right to share a room with another resident according to their mutual wishes, if appropriate accommodation is available.

Every resident has the right to meet privately with their spouse or another person in a room that assures privacy.

Every resident has the right to pursue social, cultural, religious, spiritual and other interests, to develop their potential and to be given reasonable assistance by the licensee to pursue these interests and to develop their potential.

Every resident has the right to live in a safe and clean environment.

Every resident has the right to be given access to protected outdoor areas in order to enjoy outdoor activity unless the physical setting makes this impossible.

Every resident has the right to keep and display personal possessions, pictures and furnishings in their room subject to safety requirements and the rights of other residents.

Every resident has the right to manage their own financial affairs unless the resident lacks the legal capacity to do so.

Every resident has the right to exercise the rights of a citizen.

Every resident has the right to proper accommodation, nutrition, care and services consistent with their needs.

Every resident has the right to be told both who is responsible for and who is providing the resident’s direct care.

Every resident has the right to be afforded privacy in treatment and in caring for their personal needs.

Every resident has the right to,

Every resident has a right to ongoing and safe support from their caregivers to support their physical, mental, social and emotional wellbeing and their quality of life and to assistance in contacting a caregiver or other person to support their needs.

Every resident has the right to have any friend, family member, caregiver or other person of importance to the resident attend any meeting with the licensee or the staff of the home.

Every resident has the right to designate a person to receive information concerning any transfer or any hospitalization of the resident and to have that person receive that information immediately.

Every resident has the right to receive care and assistance towards independence based on a restorative care philosophy to maximize independence to the greatest extent possible.

Every resident has the right not to be restrained, except in the limited circumstances provided for under this Act and subject to the requirements provided for under this Act.

Every resident has the right to be provided with care and services based on a palliative care philosophy.

Every resident who is dying or who is very ill has the right to have family and friends present 24 hours per day.

Every resident has the right to be informed in writing of any law, rule or policy affecting services provided to the resident and of the procedures for initiating complaints.

Every resident has the right to participate in the Residents’ Council.

Every resident has the right to raise concerns or recommend changes in policies and services on behalf of themself or others to the following persons and organizations without interference and without fear of coercion, discrimination or reprisal, whether directed at the resident or anyone else:

This Act and the regulations.

Any agreement entered into between a licensee and the Crown or an agent of the Crown.

Any agreement entered into between a licensee and a resident or the resident’s substitute decision-maker.

there is a mission statement for each of the licensee’s long-term care homes that sets out the principles, purpose and philosophy of care of the home;

the principles, purpose and philosophy of care set out in the mission statement are driven by the primary goal of providing quality care that is resident-directed and safe; and

the principles, purpose and philosophy of care set out in the mission statement are put into practice in the day-to-day operation of the long-term care home.

the planned care for the resident;

the goals the care is intended to achieve;

clear directions to staff and others who provide direct care to the resident; and

any other requirements provided for in the regulations.

in the assessment of the resident so that their assessments are integrated and are consistent with and complement each other; and

in the development and implementation of the plan of care so that the different aspects of care are integrated and are consistent with and complement each other.

The provision of the care set out in the plan of care.

The outcomes of the care set out in the plan of care.

The effectiveness of the plan of care.

a goal in the plan is met;

the resident’s care needs change or care set out in the plan is no longer necessary; or

care set out in the plan has not been effective.

subsections (4) and (5) apply, with necessary modifications, with respect to the reassessment and revision; and

if the plan of care is being revised because care set out in the plan has not been effective, the licensee shall ensure that different approaches are considered in the revision of the plan of care.

An average of three hours of direct care to be provided per resident per day no later than March 31, 2022.

An average of three hours and 15 minutes of direct care to be provided per resident per day no later than March 31, 2023.

An average of three hours and 42 minutes of direct care to be provided per resident per day no later than March 31, 2024.

identify the reasons for the failure to achieve the targets, including any barriers and risks; and

develop and include a plan that specifies the measures that were implemented to achieve the target and the reasons for the failure to do so, and that contains proposed strategies to assist in achieving the target, or proposed steps to be taken to assist in achieving the target.

an organized program of nursing services for the home to meet the assessed needs of the residents; and

an organized program of personal support services for the home to meet the assessed needs of the residents.

promotes and maximizes independence; and

where relevant to the resident’s assessed care needs, includes, but is not limited to, care or services that address psychosocial needs and physiotherapy and other therapy services, any of which may be either arranged or provided by the licensee.

an organized program of nutritional care and dietary services for the home to meet the daily nutrition needs of the residents; and

an organized program of hydration for the home to meet the hydration needs of residents.

there is an organized program of housekeeping for the home;

there is an organized program of laundry services for the home to meet the linen and personal clothing needs of the residents; and

there is an organized program of maintenance services for the home.

the home, furnishings and equipment are kept clean and sanitary;

each resident’s linen and personal clothing is collected, sorted, cleaned and delivered; and

the home, furnishings and equipment are maintained in a safe condition and in a good state of repair.

evidence-based policies and procedures;

an educational component in respect of infection prevention and control for staff, residents, volunteers and caregivers;

daily monitoring to detect the presence of infection in residents of the long-term care home;

measures to prevent the transmission of infections;

a hand hygiene program; and

any additional matters provided for in the regulations.

shall provide that abuse and neglect are not to be tolerated;

shall clearly set out what constitutes abuse and neglect;

shall provide for a program, that complies with the regulations, for preventing abuse and neglect;

shall contain an explanation of the duty under section 28 to make mandatory reports;

shall contain procedures for investigating and responding to alleged, suspected or witnessed abuse and neglect of residents;

shall set out the consequences for those who abuse or neglect residents;

shall comply with any requirements respecting the matters provided for in clauses (a) through (f) that are provided for in the regulations; and

shall deal with any additional matters as may be provided for in the regulations.

ensure that there are written procedures that comply with the regulations for initiating complaints to the licensee and for how the licensee deals with complaints;

ensure that the written procedures include information about how to make a complaint to the patient ombudsman under the Excellent Care for All Act, 2010 and to the Ministry; and

immediately forward to the Director any written complaint that it receives concerning the care of a resident or the operation of a long-term care home in the manner set out in the regulations, where the complaint has been submitted in the format provided for in the regulations and complies with any other requirements that may be provided for in the regulations.

every alleged, suspected or witnessed incident of the following that the licensee knows of, or that is reported to the licensee, is immediately investigated:

appropriate action is taken in response to every such incident; and

any requirements that are provided for in the regulations for investigating and responding as required under clauses (a) and (b) are complied with.

Improper or incompetent treatment or care of a resident that resulted in harm or a risk of harm to the resident.

Abuse of a resident by anyone or neglect of a resident by the licensee or staff that resulted in harm or a risk of harm to the resident.

Unlawful conduct that resulted in harm or a risk of harm to a resident.

Misuse or misappropriation of a resident’s money.

Misuse or misappropriation of funding provided to a licensee under this Act, or the Connecting Care Act, 2019.

A physician or any other person who is a member of a College as defined in subsection 1 (1) of the Regulated Health Professions Act, 1991.

A member of the Ontario College of Social Workers and Social Service Workers.

Any other person prescribed by the regulations. ;

The licensee of the long-term care home or a person who manages a long-term care home pursuant to a contract described in section 113.

If the licensee or person who manages the home is a corporation, an officer or director of the corporation.

In the case of a home approved under Part IX, a member of the committee of management for the home under section 135 or of the board of management for the home under section 128 or 132.

A staff member.

Any person who provides professional services to a resident in the areas of health, social work or social services work.

Any person who provides professional services to a licensee in the areas of health, social work or social services work.

coerces or intimidates a person not to make a report required by this section;

discourages a person from making a report required by this section; or

authorizes, permits or concurs in a contravention of the duty to make a report required by this section.

Improper or incompetent treatment or care of a resident that resulted in harm or a risk of harm to the resident.

Abuse of a resident by anyone or neglect of a resident by the licensee or staff that resulted in harm or a risk of harm to the resident.

Unlawful conduct that resulted in harm or a risk of harm to a resident.

A violation of section 30.

Misuse or misappropriation of a resident’s money.

Misuse or misappropriation of funding provided to a licensee under this Act, or the Connecting Care Act, 2019.

A failure to comply with a requirement under this Act that resulted in harm or risk of harm to a resident.

Any other matter provided for in the regulations.

Anything described in paragraph 1, 2 or 3 of subsection (1) that resulted in serious harm or a significant risk of serious harm to a resident.

Any other matter provided for in the regulations.

a report under subsection 27 (2); or

a report under section 28.

anything has been disclosed to an inspector;

anything has been disclosed to the Director including, without limiting the generality of the foregoing,

anything has been disclosed to any other personnel of the Ministry, or to any other individual or entity that may be provided for in the regulations; or

evidence 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.

Dismissing a staff member.

Disciplining or suspending a staff member.

Imposing a penalty upon any person.

Intimidating, coercing or harassing any person.

The licensee of a long-term care home or a person who manages a long-term care home pursuant to a contract described in section 113.

If the licensee or the person who manages the home is a corporation, an officer or director of the corporation.

In the case of a home approved under Part IX a member of the committee of management for the home under section 135 or of the board of management for the home under section 128 or 132.

A staff member.

where the staff member is an employee of a licensee or a person who works at a long-term care home pursuant to a contract or agreement with a licensee, the licensee, or

where the staff member works at a long-term care home pursuant to a contract or agreement between the licensee and an employment agency or other third party, the employment agency or third party. (“employeur”)

shall ensure that there is a written policy to minimize the restraining of residents and to ensure that any restraining that is necessary is done in accordance with this Act and the regulations; and

shall ensure that the policy is complied with.

Restrained, in any way, for the convenience of the licensee or staff.

Restrained, in any way, as a disciplinary measure.

Restrained by the use of a physical device, other than in accordance with section 35 or under the common law duty referred to in section 39.

Restrained by the administration of a drug to control the resident, other than under the common law duty referred to in section 39.

Restrained, by the use of barriers, locks or other devices or controls, from leaving a room or any part of a home, including the grounds of the home, or entering parts of the home generally accessible to other residents, other than under the common law duty referred to in section 39.

There is a significant risk that the resident or another person would suffer serious bodily harm if the resident were not restrained.

Alternatives to restraining the resident have been considered, and tried where appropriate, but would not be, or have not been, effective to address the risk referred to in paragraph 1.

The method of restraining is reasonable, in light of the resident’s physical and mental condition and personal history, and is the least restrictive of such reasonable methods that would be effective to address the risk referred to in paragraph 1.

A physician, registered nurse in the extended class or other person provided for in the regulations has ordered or approved the restraining.

The restraining of the resident has been consented to by the resident or, if the resident is incapable, a substitute decision-maker of the resident with authority to give that consent.

The plan of care provides for everything required under subsection (3).

the device is used in accordance with any requirements provided for in the regulations;

the resident is monitored while restrained, in accordance with the requirements provided for in the regulations;

the resident is released and repositioned, from time to time, while restrained, in accordance with the requirements provided for in the regulations;

the resident’s condition is reassessed and the effectiveness of the restraining evaluated, in accordance with the requirements provided for in the regulations;

the resident is restrained only for as long as is necessary to address the risk referred to in paragraph 1 of subsection (2);

the method of restraining used is discontinued if, as a result of the reassessment of the resident’s condition, one of the following is identified that would address the risk referred to in paragraph 1 of subsection (2):

any other requirements provided for in the regulations are satisfied.

Alternatives to the use of a PASD have been considered, and tried where appropriate, but would not be, or have not been, effective to assist the resident with the routine activity of living.

The use of the PASD is reasonable, in light of the resident’s physical and mental condition and personal history, and is the least restrictive of such reasonable PASDs that would be effective to assist the resident with the routine activity of living.

The use of the PASD has been approved by,

The use of the PASD has been consented to by the resident or, if the resident is incapable, a substitute decision-maker of the resident with authority to give that consent.

The plan of care provides for everything required under subsection (5).

The restraining of a resident.

The use of a PASD, within the meaning of section 36.

to restrain the resident; or

to assist a resident with a routine activity of living, if the device would have the effect of limiting or inhibiting the resident’s freedom of movement.

assist and provide information to residents and their families and others;

advise the Minister on matters and issues concerning the interests of residents; and

perform any other functions provided for in the regulations or assigned by the Minister.

governing anything that a licensee is required to do, ensure or provide under this Part, including establishing standards or outcomes that must be met;

governing temperature requirements for long-term care homes;

requiring and governing the assessment and classification of residents for the purpose of determining care requirements and other needs of residents;

governing the mission statements provided for in section 4 and the requirements under that section;

governing plans of care, including governing their development and implementation and setting requirements in addition to what is required under section 6;

setting higher targets, interim targets and extended target dates for the purposes of sections 8 and 9 and generally respecting the application of those sections, including setting the applicable calculation periods;

governing the meaning of “number of hours of direct care actually worked” and “resident days” for the purposes of sections 8 and 9;

defining “allied health care professional” for the purposes of section 9;

defining “regular nursing staff” for the purposes of subsection 11 (3);

requiring certain classes of long-term care homes to have more registered nurses on duty than are required by subsection 11 (3) and providing for rules governing such a requirement;

respecting and governing palliative care and the development of a palliative care philosophy for the purposes of section 12;

governing the requirements of the infection prevention and control program under section 23, and prescribing conditions and requirements that must be complied with under that section;

requiring certain classes of long-term care homes to have more infection prevention and control leads appointed than are required by subsection 23 (4);

governing responsibilities that an infection prevention and control lead is required to perform;

providing for the qualification of an infection prevention and control lead for the purposes of subsection 23 (5);

governing the format and other requirements for complaints for the purposes of clause 26 (1) (c) and governing the accompanying documentation for the purposes of subsection 26 (2);

specifying, for the purposes of paragraph 4 of subsection 28 (1) and paragraph 5 of subsection 29 (1), what constitutes misuse or misappropriation of a resident’s money;

specifying, for the purposes of paragraph 5 of subsection 28 (1) and paragraph 6 of subsection 29 (1), what constitutes misuse or misappropriation of funding provided to a licensee;

providing for additional persons and entities for the purposes of clause 30 (1) (c), and governing exceptions for the purposes of subsection 30 (2);

providing for anything that under this Part may or must be provided for in regulations, or that is to be done in compliance with or in accordance with the regulations.

the results of the survey are documented and made available to the Residents’ Council and the Family Council, if any, to seek their advice under subsection (4);

the actions taken to improve the long-term care home, and the care, services, programs and goods based on the results of the survey are documented and made available to the Residents’ Council and the Family Council, if any;

the documentation required by clauses (a) and (b) is made available to residents and their families; and

the documentation required by clauses (a) and (b) is kept in the long-term care home and is made available during an inspection under Part X.

to support mission-driven organizations;

to advance and share research on innovative and evidence-informed person-centred models of care; and

any other functions or purposes provided for in the regulations.

governing the requirements for a continuous quality improvement initiative, including its development and its implementation;

providing for and governing the survey of residents, families and caregivers, including its content, form and administration;

providing for and governing the composition and additional functions and purposes of the Long-Term Care Quality Centre;

providing for anything that under this Part may or must be provided for in regulations, or that is to be done in compliance with or in accordance with the regulations.

A placement co-ordinator must have determined that the person is eligible for long-term care home admission under section 50.

The placement co-ordinator for the geographic area where the home is located must have authorized the admission of the person to that specific home under section 51.

An assessment of the applicant’s physical and mental health, and the applicant’s requirements for medical treatment and health care.

An assessment of the applicant’s,

Any other assessment or information provided for in the regulations.

The assessment under paragraph 1 of subsection (4) must be in the form provided by the Director and the form provided by the Director must include information explaining,

The assessment under paragraph 1 of subsection (4) must be made by a physician or registered nurse.

The assessment under paragraph 2 of subsection (4) must be made by an employee or agent of the placement co-ordinator who is also,

The assessments under paragraphs 1 and 2 of subsection (4) must be made by different individuals.

the placement co-ordinator shall suggest alternative services and make appropriate referrals on behalf of the applicant; and

the placement co-ordinator shall ensure that the applicant is notified in writing of,

the home lacks the physical facilities necessary to meet the applicant’s care requirements;

the staff of the home lack the nursing expertise necessary to meet the applicant’s care requirements; or

circumstances exist which are provided for in the regulations as being a ground for withholding approval.

the ground or grounds on which the licensee is withholding approval;

a detailed explanation of the supporting facts, as they relate both to the home and to the applicant’s condition and requirements for care;

an explanation of how the supporting facts justify the decision to withhold approval; and

contact information for the Director.

The applicant.

The appropriate placement co-ordinator.

for each of the assessments required under subsection 50 (4), either the assessment or a reassessment was made within the three months preceding the authorization of admission, or within the preceding three months there was a significant change in the person’s condition or circumstances in which case a reassessment was made at that time;

the applicant is still eligible for long-term care home admission following the review of any reassessment described in clause (a) and any redetermination required under subsection (12);

the licensee of the home approves the person’s admission to the home; and

the person provides consent to being admitted to the home.

review any reassessment required under clause (11) (a); and

if after that review the placement co-ordinator is of the opinion that the applicant may no longer be eligible for long-term care home admission, make a new determination, under section 50, of the applicant’s eligibility.

The licensee may withdraw the approval only in the circumstances set out in clauses (7) (a) to (c), and such a withdrawal may only be made in accordance with the requirements provided for in the regulations.

If the licensee decides not to withdraw the approval, the licensee shall give the appropriate placement co-ordinator a written notice that includes an acknowledgement that the licensee has reviewed the reassessment.

If the licensee decides to withdraw the approval, subsections (9) and (10) apply with necessary modifications.

If the admission of the applicant to a home is delayed.

If a licensee withholds approval for admission of the applicant or withdraws approval for admission of the applicant.

The consent must relate to the admission.

The consent must be informed.

The consent must be given voluntarily.

The consent must not be obtained through misrepresentation or fraud.

the person received the information about the matters set out in subsection (3) that a reasonable person in the same circumstances would require in order to make a decision about the admission; and

the person received responses to their requests for additional information about those matters.

What the admission entails.

The expected advantages and disadvantages of the admission.

Alternatives to the admission.

The likely consequences of not being admitted.

are located in long-term care homes for which funding is provided under an agreement between the Government of Ontario and the Government of Canada relating to veterans; and

are designated by the Minister as veterans’ priority access beds.

affirm the determination of ineligibility made by the placement co-ordinator;

rescind the determination of ineligibility made by the placement co-ordinator and refer the matter back to the placement co-ordinator for redetermination in accordance with such directions as the Appeal Board considers proper; or

rescind the determination of ineligibility made by the placement co-ordinator, substitute its opinion for the opinion of the placement co-ordinator and direct the placement co-ordinator to determine that the applicant is eligible for admission to a long-term care home.

may affirm or rescind the decision of the Appeal Board;

may refer the matter back to the Appeal Board for rehearing in whole or in part in accordance with such directions as the court considers proper;

may refer the matter back to the placement co-ordinator for redetermination in accordance with such directions as the court considers proper;

may substitute its opinion for that of the placement co-ordinator or the Appeal Board; and

may direct the placement co-ordinator to determine that the applicant is eligible for admission to a long-term care home.

occupies a bed in a hospital under the Public Hospitals Act; and

has been designated by an attending clinician in the hospital as requiring an alternate level of care because, in the clinician’s opinion, the person does not require the intensity of resources or services provided in the hospital care setting.

An attending clinician who reasonably believes that an ALC patient may be eligible for admission to a long-term care home may request that a placement co-ordinator carry out any of the actions listed in subparagraphs 2 i to iv.

A placement co-ordinator may do the following, with or without a request from an attending clinician:

A physician, registered nurse or person described in paragraph 3 of subsection 50 (5) may conduct an assessment of the ALC patient for the purpose of determining the ALC patient’s eligibility for admission to a long-term care home.

A licensee of a long-term care home must do the following:

A person with authority to carry out an action listed in paragraph 1, 2, 3 or 4, a hospital within the meaning of the Public Hospitals Act or any other person prescribed by the regulations may collect, use or disclose personal health information if it is necessary to carry out an action listed in paragraph 1, 2, 3 or 4.

governing determinations of eligibility for long-term care home admission;

governing authorizations of admission to long-term care homes, including, without limiting the generality of the foregoing,

governing placement co-ordinators, including, without limiting the generality of the foregoing,

requiring placement co-ordinators to ensure that persons seeking admission to long-term care homes receive information about their rights and assistance in exercising their rights;

providing for exemptions from provisions of this Part, subject to any conditions that may be set out in the regulations;

modifying the application of this Part for emergencies or other special circumstances specified in the regulations;

providing for applications under section 51 for admission to a long-term care home to be made before the home is licensed or approved;

defining “veteran” for the purposes of section 57;

governing the actions that may be performed under section 60.1 with respect to ALC patients, including,

modifying the application of any provision of sections 49 to 54 or the regulations, or providing exemptions from them, with respect to ALC patients who have consented to the application process as described in subsection 60.1 (6);

providing for anything that under this Part may or must be provided for in regulations, or that is to be done in compliance with or in accordance with the regulations. ;

Advise residents respecting their rights and obligations under this Act.

Advise residents respecting the rights and obligations of the licensee under this Act and under any agreement relating to the home.

Attempt to resolve disputes between the licensee and residents.

Sponsor and plan activities for residents.

Collaborate with community groups and volunteers concerning activities for residents.

Advise the licensee of any concerns or recommendations the Council has about the operation of the home.

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.

Report to the Director any concerns and recommendations that in the Council’s opinion ought to be brought to the Director’s attention.

Review,

Exercise any other powers provided for in the regulations.

The licensee, and anyone involved in the management of the long-term care home on behalf of the licensee.

An officer or director of the licensee or of a corporation that manages the long-term care home on behalf of the licensee or, in the case of a home approved under Part IX, a member of the committee of management for the home under section 135 or of the board of management for the home under section 128 or 132 as the case may be.

A person with a controlling interest in the licensee.

The Administrator.

Any other staff member.

A person who is employed by the Ministry or has a contractual relationship with the Minister or with the Crown regarding matters for which the Minister is responsible and who is involved as part of their responsibilities with long-term care home matters.

Any other person provided for in the regulations.

on an ongoing basis advise residents’ families and persons of importance to residents of the right to establish a Family Council; and

convene semi-annual meetings to advise such persons of the right to establish a Family Council.

Provide assistance, information and advice to residents, family members of residents and persons of importance to residents, including when new residents are admitted to the home.

Advise residents, family members of residents and persons of importance to residents respecting their rights and obligations under this Act.

Advise residents, family members of residents and persons of importance to residents respecting the rights and obligations of the licensee under this Act and under any agreement relating to the home.

Attempt to resolve disputes between the licensee and residents.

Sponsor and plan activities for residents.

Collaborate with community groups and volunteers concerning activities for residents.

Review,

Advise the licensee of any concerns or recommendations the Council has about the operation of the home.

Report to the Director any concerns and recommendations that in the Council’s opinion ought to be brought to the Director’s attention.

Exercise any other powers provided for in the regulations.

shall not interfere with the meetings or operation of the Residents’ Council or the Family Council;

shall not prevent a member of the Residents’ Council or Family Council from entering the long-term care home to attend a meeting of the Council or to perform any functions as a member of the Council and shall not otherwise hinder, obstruct or interfere with such a member carrying out those functions;

shall not prevent a Residents’ Council assistant or a Family Council assistant from entering the long-term care home to carry out their duties or otherwise hinder, obstruct or interfere with such an assistant carrying out those duties; and

shall ensure that no staff member, including the Administrator or other person involved in the management or operation of the home, does anything that the licensee is forbidden to do under clauses (a) to (c).

requiring a licensee to assist in the formation of Residents’ Councils and Family Councils, and governing the assistance that the licensee is required to provide to those Councils;

respecting and governing the duties of Residents’ Councils and Family Councils;

defining “detailed allocation” for the purpose of subparagraph 9 iii of subsection 63 (1) and subparagraph 7 iii of subsection 66 (1);

providing for anything that under this Part may or must be provided for in regulations, or that is to be done in compliance with or in accordance with the regulations.

if there is a committee of management for the home under section 135, the obligation under subsection (1) is an obligation on every member of that committee; and

if there is a board of management for the home under section 128 or 132, the obligation under subsection (1) is an obligation on every member of that board.

shall be in charge of the long-term care home and be responsible for its management; and

shall perform any other duties provided for in the regulations.

equal to or greater than the prescribed number of beds, the licensee of the home shall ensure that the Administrator works full-time in that position; or

less than the prescribed number of beds, the licensee of the home shall ensure that the Administrator works in that position, on average, at least the number of hours per week that is prescribed for the number of beds at the home.

shall supervise and direct the nursing staff and personal care staff of the long-term care home and the nursing and personal care provided by them; and

shall perform any other duties provided for in the regulations.

equal to or greater than the prescribed number of beds, the licensee of the home shall ensure that the Director of Nursing and Personal Care works full-time in that position; or

less than the prescribed number of beds, the licensee of the home shall ensure that Director of Nursing and Personal Care works in that position, on average, at least the number of hours per week that is prescribed for the number of beds at the home.

shall advise the licensee on matters relating to medical care in the long-term care home; and

shall perform any other duties provided for in the regulations.

have the proper skills and qualifications to perform their duties; and

possess the qualifications provided for in the regulations.

convicted of an offence prescribed in the regulations; or

found guilty of an act of professional misconduct prescribed in the regulations.

The Residents’ Bill of Rights.

The long-term care home’s mission statement.

The long-term care home’s policy to promote zero tolerance of abuse and neglect of residents.

The duty under section 28 to make mandatory reports.

The protections afforded by section 30.

The long-term care home’s policy to minimize the restraining of residents.

Fire prevention and safety.

Emergency and evacuation procedures.

Infection prevention and control.

All Acts, regulations, policies of the Ministry and similar documents, including policies of the licensee, that are relevant to the person’s responsibilities.

Any other areas provided for in the regulations.

The further training needed by the persons mentioned in subsection (1) is assessed regularly in accordance with the requirements provided for in the regulations.

The further training needs identified by the assessments are addressed in accordance with the requirements provided for in the regulations.

Abuse recognition and prevention.

Mental health issues, including caring for persons with dementia.

Behaviour management.

How to minimize the restraining of residents and, where restraining is necessary, how to do so in accordance with this Act and the regulations.

Palliative care.

Any other areas provided for in the regulations.

the further training needed by the persons mentioned in subsection (8) is assessed regularly in accordance with the requirements provided for in the regulations; and

the further training needs identified by the assessments are addressed in accordance with the requirements provided for in the regulations.

the Residents’ Bill of Rights;

the long-term care home’s mission statement;

the long-term care home’s policy to promote zero tolerance of abuse and neglect of residents;

the duty under section 28 to make mandatory reports;

fire safety and universal infection control practices;

any other areas provided for in the regulations; and

the protections afforded by section 30.

a package of information that complies with this section is given to every resident and to the substitute decision-maker of the resident, if any, at the time that the resident is admitted;

the package of information is made available to family members of residents and persons of importance to residents;

the package of information is revised as necessary;

any material revisions to the package of information are provided to any person who has received the original package and who is still a resident or substitute decision-maker of a resident; and

the contents of the package and of the revisions are explained to the person receiving them.

the Residents’ Bill of Rights;

the long-term care home’s mission statement;

the long-term care home’s policy to promote zero tolerance of abuse and neglect of residents;

an explanation of the duty under section 28 to make mandatory reports;

the long-term care home’s procedure for initiating complaints to the licensee;

the written procedure, provided by the Director, for making complaints to the Director, together with the contact information of the Director, or the contact information of a person designated by the Director to receive complaints;

notification of the long-term care home’s policy to minimize the restraining of residents and how a copy of the policy can be obtained;

the name and telephone number of the licensee and an email address maintained and monitored by the licensee that can receive communications from a resident or the substitute decision-maker of the resident;

a statement of the maximum amount that a resident can be charged under paragraph 1 or 2 of subsection 94 (1) for each type of accommodation offered in the long-term care home;

a statement of the reductions, available under the regulations, in the amount that qualified residents can be charged for each type of accommodation offered in the long-term care home;

information about what is paid for by funding under this Act or the Connecting Care Act, 2019 or the payments that residents make for accommodation and for which residents do not have to pay additional charges;

a list of what is available in the long-term care home for an extra charge, and the amount of the extra charge;

a statement that residents are not required to purchase care, services, programs or goods from the licensee and may purchase such things from other providers, subject to any restrictions by the licensee, under the regulations, with respect to the supply of drugs;

a disclosure of any non-arm’s length relationships that exist between the licensee and other providers who may offer care, services, programs or goods to residents;

information about the Residents’ Council, including any information that may be provided by the Residents’ Council for inclusion in the package;

information about the Family Council, if any, including any information that may be provided by the Family Council for inclusion in the package, or, if there is no Family Council, any information provided for in the regulations;

an explanation of the protections afforded by section 30; and

any other information provided for in the regulations.

the Residents’ Bill of Rights;

the long-term care home’s mission statement;

the long-term care home’s policy to promote zero tolerance of abuse and neglect of residents;

an explanation of the duty under section 28 to make mandatory reports;

the long-term care home’s procedure for initiating complaints to the licensee;

the written procedure, provided by the Director, for making complaints to the Director, together with the contact information of the Director, or the contact information of a person designated by the Director to receive complaints;

notification of the long-term care home’s policy to minimize the restraining of residents, and how a copy of the policy can be obtained;

a copy of the service accountability agreement entered into in accordance with section 22 of the Connecting Care Act, 2019;

the name and telephone number of the licensee and an email address maintained and monitored by the licensee that can receive communications from a resident or the substitute decision-maker of the resident;

an explanation of the measures to be taken in case of fire;

an explanation of evacuation procedures;

copies of the inspection reports from the past two years for the long-term care home;

orders made by an inspector or the Director with respect to the long-term care home that are in effect or that have been made in the last two years;

a written plan for achieving compliance, prepared by the licensee, that the Director has ordered in accordance with clause 155 (1) (b) following a referral under paragraph 4 of subsection 154 (1);

decisions of the Appeal Board or Divisional Court that were made under this Act with respect to the long-term care home within the past two years;

the most recent minutes of the Residents’ Council meetings, with the consent of the Residents’ Council;

the most recent minutes of the Family Council meetings, if any, with the consent of the Family Council;

an explanation of the protections afforded under section 30; and

any other information provided for in the regulations.

the regulated document complies with all the requirements of the regulations; and

the compliance has been certified by a lawyer.

that is required by the regulations to meet certain requirements; and

that is described as a regulated document in the regulations.

a document has not been signed;

an agreement has been voided; or

a consent or directive with respect to treatment or care has been given, not given, withdrawn or revoked.

measures for dealing with, responding to and preparing for emergencies, including, without being limited to, epidemics and pandemics; and

procedures for evacuating and relocating the residents, and evacuating staff and others in case of an emergency.

the information to be included in the attestation;

to whom the attestation shall be submitted; and

the form, manner and timing of the attestation.

governing how drugs in long-term care homes are dealt with, including, without restricting the generality of the foregoing, governing their administration, handling and storage, requiring their destruction in specified circumstances, allowing licensees to restrict from whom drugs may be supplied and placing restrictions on who may have drugs in their possession;

relating to the use of psychotropic drugs in long-term care homes, including requiring a licensee of a home to discuss the use of such drugs with the Medical Director of the home and requiring the Medical Director to prepare reports and advise the licensee on the use of such drugs in the home;

prescribing numbers of beds and numbers of hours per week for the purposes of subsection 76 (3);

prescribing numbers of beds and numbers of hours per week for the purposes of subsection 77 (4);

providing for the qualifications of staff for the purposes of clause 79 (b);

governing duties that the staff of a long-term care home are required to perform;

respecting duties that physicians and registered nurses in the extended class who attend on residents are required to perform;

governing steps to be taken by licensees to provide a stable and consistent workforce in accordance with section 80, including placing limits on the use of temporary, casual and agency staff by licensees, and limiting the amount of services that can be provided by persons who are not employees;

defining “temporary” and “casual” for the purposes of section 80;

providing that the use of other classes of staff are restricted as provided for in section 80, and defining those classes of staff;

governing screening measures for the purposes of section 81, including specifying the kinds of police record checks required under subsection 81 (2);

requiring licensees to obtain regular declarations from staff and volunteers, including, and without limiting the generality of the foregoing, requiring declarations about criminal convictions from persons for whom a police record check was required under subsection 81 (2);

prescribing offences and acts of professional misconduct for the purposes of subsection 81 (4), setting time periods for the purposes of subsection 81 (6), and generally governing the application of those subsections and clarifying the meaning of “governing structure” for the purposes of subsection 81 (5);

respecting and governing training for the purposes of section 82;

respecting information that is to be included in the package of information provided to residents under section 84, including the form and content of information that is to be provided and when and how the package must be updated, and defining “non-arm’s length relationship” for the purposes of clause 84 (2) (n);

governing the posting and communication of information under section 85;

governing regulated documents for the purposes of section 86, including describing what documents are regulated documents and establishing what requirements must be met by a regulated document, including providing for forms that must be used;

exempting agreements from the application of section 87;

governing the attestation provided for in section 90, including the information to be included in the attestation, to whom it shall be submitted, and its form, manner and timing;

providing for anything that under this Part may or must be provided for in regulations, or that is to be done in compliance with or in accordance with the regulations.

For basic accommodation, a resident shall not be charged more than the amount provided for in the regulations for the accommodation provided.

For preferred accommodation, a resident shall not be charged more than can be charged for basic accommodation in accordance with paragraph 1 unless the preferred accommodation was provided under an agreement, in which case the resident shall not be charged more than the amount provided for in the regulations for the accommodation provided.

For anything other than accommodation, a resident shall be charged only if it was provided under an agreement and shall not be charged more than the amount provided for in the regulations, or, if no amount is provided for, more than a reasonable amount.

Despite paragraph 3, a resident shall not be charged for anything that the regulations provide is not to be charged for.

charges made to the resident; and

money held on behalf of the resident by the licensee or an employee or agent of the licensee.

that are separate from the accounts and records of any other long-term care home operated by the licensee, and from any other business of the licensee; and

that meet any other requirements that may be provided for in the regulations.

respecting and governing rules, conditions and restrictions to which the provision of funding under this Act is subject;

governing charges for the purposes of section 94, including prescribing different charges for different kinds of basic and preferred accommodation;

providing that a resident may apply to the Director for a reduction in the charges for accommodation that would otherwise be required to be paid by the resident on the condition that the Minister pays the licensee the difference between the reduced amount and the amount that would otherwise be charged, and providing for rules governing such an application and reduction;

governing the payment of amounts charged by the licensee under section 94;

governing non-arm’s length transactions, including defining “non-arm’s length transaction” for the purposes of section 96 or for the purposes of the regulations, or both, prohibiting certain types of non-arm’s length transactions, and providing that certain types of non-arm’s length transactions may only be entered into with the prior consent of the Director;

providing for anything that under this Part may or must be provided for in regulations, or that is to be done in compliance with or in accordance with the regulations.

premises falling under the jurisdiction of,

other premises provided for in the regulations.

the long-term care home bed capacity that exists,

the other facilities or services that are available,

the current and predictable continuing demand for long-term care home beds,

the funds available for long-term care homes in Ontario;

any other matters that may be provided for in the regulations; and

any other matters that the Minister considers to be relevant.

the Minister has made a policy respecting the matters described in subsection (1); and

the Director has decided that an application for a licence is covered by the policy and that the Director is entitled to act under the policy.

the effect that issuing the licence would have on the concentration of ownership, control or management of long-term care homes,

the effect that issuing the licence would have on the balance between non-profit and for-profit long-term care homes,

any other matters that may be provided for in the regulations.

the home and its operation would comply with this Act and the regulations and any other applicable Act, regulation or municipal by-law;

where the home is subject to a development agreement, the home, or the beds that are subject to a development agreement, complies with, and will continue to comply with, the applicable design manual and any additional design requirements required under the development agreement;

the past conduct relating to the operation of a long-term care home or any other matter or business of the following affords reasonable grounds to believe that the home will be operated in accordance with the law and with honesty and integrity:

it has been demonstrated by the person that the person or, where the person is a corporation, its officers and directors and the persons with a controlling interest in it, is competent to operate a long-term care home in a responsible manner in accordance with this Act and the regulations and is in a position to furnish or provide the required services;

the past conduct relating to the operation of a long-term care home or any other matter or business of the following affords reasonable grounds to believe that the home will not be operated in a manner that is prejudicial to the health, safety or welfare of its residents:

the person is not ineligible because of any other reason that may be provided for in the regulations.

a description of where the long-term care home will be;

the following aspects of the licence to be issued:

other components provided for in the regulations; and

any other components that the Director considers appropriate.

at the time a licence is issued, with or without the consent of the licensee; or

at the time a licence is reissued under section 108, with or without the consent of the new licensee.

with the consent of the Director; or

as may be provided for in this Act or the regulations.

amend the licence to reduce the number of beds allowed under the licence by the number of unoccupied and unavailable beds; or

impose any conditions on the licence that are provided for in the regulations.

licences being surrendered to the Director for reissue with beds transferred from one licence to another; or

a licence being surrendered to the Director for reissue with beds transferred to a new licence issued by the Director.

issuing a licence for a new long-term care home under section 102;

undertaking to issue a licence under section 103;

transferring a licence, or beds under a licence, under section 108; or

amending a licence to increase the number of beds or to extend the term of the licence under section 116.

has determined that a public consultation is not warranted in the circumstances; or

has made a policy governing types of circumstances in which public consultation is not warranted, and the policy applies to the circumstances, unless the Director makes an exception to the policy.

Before approving the contract, the Director must be satisfied that the contract complies with any requirements established by the regulations.

The approval by the Director is subject to section 101 as if the person who would manage the long-term care home were to be the licensee. ;

authorizing premises to be used as a long-term care home on a temporary basis; or

authorizing temporary additional beds at a long-term care home.

The licence may be revoked by the Director at any time on the giving of the notice provided for in the licence, as well as being revocable under section 159.

The licence may be issued for a term of no more than five years, and may not be renewed.

No interest in a temporary licence, including a beneficial interest, may be transferred.

Section 108.

Section 109.

Any other provisions provided for in the regulations.

authorizing premises to be used as a long-term care home on a temporary basis; or

authorizing temporary additional beds at a long-term care home.

The licence may be revoked by the Director at any time on the giving of the notice provided for in the licence, as well as being revocable under section 159.

The licence may be issued for a term of no more than one year, and may not be renewed.

No interest in a temporary emergency licence, including a beneficial interest, may be transferred.

Section 99.

Section 100.

Section 101.

Section 108.

Section 109.

Any other provisions provided for in the regulations.

change the licensee or the location of the home;

extend the term;

increase the preferred accommodation the licensee is allowed to provide; or

make any other change provided for in the regulations.

a substantial renovation of the home; or

a significant addition of beds to the home.

The amendment may only be made following a determination or decision under section 99.

The amendment is subject to any restrictions under section 100. ;

defining “nursing care” for the purposes of subsection 98 (1);

governing and clarifying how clauses 100 (1) (a) and (b) are to be applied;

defining “design manual” for the purposes of section 101;

governing public consultation for the purposes of section 109 and governing requirements and restrictions with respect to any determination or policy of the Director under that section;

for the purposes of section 110, requiring a person exercising a security interest to satisfy requirements provided for in the regulations before the person can enter into a contract described in section 113, establishing and respecting limits on how long a long-term care home may be managed pursuant to such a contract once entered into, and governing the management of a home by a person acting under such a contract;

governing the amending of licences under section 116, including providing for procedures that must be followed and changes that may not be made;

modifying the application of this Part in respect of licences for a long-term care home in which there are beds that are subject to different terms under the licence;

providing for anything that under this Part may or must be provided for in regulations, or that is to be done in compliance with or in accordance with the regulations.

A certified copy of every by-law passed under this subsection shall be promptly transmitted to the Director.

If the Minister gives approval for the establishment of the home under section 133, a board of management shall be established as a corporation, by regulation, for the home.

The home shall be vested in the board of management and the board shall have charge of the home.

All the municipalities in the territorial district shall contribute to the establishment and maintenance of the municipal home.

15 per cent of the total estimates of the board for the year; or

such other percentage or limit as may be prescribed by the regulations.

25 per cent of the estimated current revenue of the board for the year; or

such other percentage or limit as may be prescribed by the regulations.

25 per cent of the revenue of the board determined for the previous year; or

such other percentage or limit as may be prescribed by the regulations.

an error or omission in the amount of the assessment of one or more supporting municipalities;

an error or omission in a calculation; or

a failure to apply one or more provisions of the regulation made under subsection (1).

If the Minister gives approval for the establishment of the home under section 133, a board of management shall be established as a corporation, by regulation, for the home.

The home shall be vested in the board of management and the board shall have charge of the home.

The Not-for-Profit Corporations Act, 2010 does not apply to a board of management, except as provided for under the regulations.

The regulations may provide for the composition of a board of management and the qualifications and term of office of its members.

Section 133.

Section 134.

Section 135.

Sections 138 to 142.

Section 103 (Undertaking to issue licence), other than subsection 103 (8).

Section 104 (Conditions of licence), other than clause 104 (2) (b).

Section 107 (Beds allowed under licence).

Section 109 (Public consultation), other than clauses 109 (1) (c) and (d).

Subsection 111 (3) (Notice, management contract).

Section 113 (Management contracts).

Section 116 (Amendments with consent).

Section 117 (Competitive process).

Section 118 (No appeal).

Section 120 (Regulations).

The first reference to the Director in subsection 107 (3).

Subsection 109 (2).

Section 113.

The determination or decision under section 99 that is mentioned in subsection (2) shall not deal with whether there should be a home in the municipality.

recommendations as to the carrying out of the proposal;

the findings of fact, the information and the knowledge used in making the recommendations; and

the conclusions of law arrived at that are relevant to the recommendations.

the Director’s opinion on which the provisional exercise of the power is based; and

the reasons for the Director’s opinion.

The Director has all of the powers of the municipality, municipalities or board of management, as the case may be, to occupy, manage, operate and administer the home, and they do not have those powers.

The following provisions apply, with necessary modifications, with respect to the operation and management of the home by the Director,

despite sections 25 and 39 of the Expropriations Act, may immediately occupy, operate and manage the municipal home or joint home or arrange for it to be occupied, operated and managed by a person or entity designated by the Director; and

may apply without notice to the Superior Court of Justice for an order directing the sheriff to assist the Director or the person or entity designated by the Director in occupying the home or joint home.

clarifying the application of Part VIII to this Part;

providing additional or alternate rules governing approvals under this Part;

governing boards of management under sections 128 and 132, including, without limiting the generality of the foregoing,

prescribing the percentage or limit for the purpose of subsections 129 (3), (5) and (6);

respecting the specification of times by which payments required under sections 129 and 130 must be made;

prescribing any circumstances, restrictions or requirements related to borrowing under sections 129 and 130;

providing for and governing any transitional matters the Lieutenant Governor in Council considers necessary or advisable in connection with borrowing under sections 129 and 130;

providing for anything that under this Part may or must be provided for in regulations, or that is to be done in compliance with or in accordance with the regulations.

any inspection required under section 146; or

any other inspection of a long-term care home, subject to any exceptions provided for in the regulations.

may inspect,

may inspect or copy a record or other thing;

may demand the production of records or other things that the inspector believes are relevant to the inspection from any person;

may question a person;

may photograph, film or make any other kind of recording, but only in a manner that does not intercept any private communications and that is in keeping with reasonable expectations of privacy;

may conduct examinations or tests;

may use data storage, processing or retrieval devices or systems located at the premises in order to produce a record in readable form;

may, on providing a receipt, remove a record, a sample of a substance or any other thing or take a specimen; and

may call upon experts for assistance in carrying out the inspection.

a statement of the nature of the records and other things required; and

a statement of when the records and other things are to be produced.

provide whatever assistance is reasonably necessary to produce the record in a readable form, including using a data storage, processing or retrieval device or system; and

provide whatever assistance is reasonably necessary to interpret the record for the inspector.

the inspector has been prevented from entering a long-term care home, or place operated in connection with the home and providing services to it, or has been prevented from exercising a power under subsection 150 (1);

there are reasonable grounds to believe that the inspector will be prevented from entering a long-term care home, or place operated in connection with the home and providing services to it, or will be prevented from exercising a power under subsection 150 (1); or

there are reasonable grounds to believe that an offence against this Act or the regulations has been or is being committed.

hinders, obstructs or interferes with or attempts to hinder, obstruct or interfere with an inspector conducting an inspection, or otherwise impedes an inspector in carrying out the inspector’s duties;

destroys or alters a record or other thing that has been demanded under clause 150 (1) (c); or

fails to do anything required under subsection 150 (3) or (4).

Issue a written notification to the licensee.

Make an order under section 155.

Issue a notice of administrative penalty under section 158.

Issue a written notification to the licensee and refer the matter to the Director for further action by the Director.

do anything, or refrain from doing anything, to achieve compliance with a requirement under this Act;

prepare, submit and implement a written plan for achieving compliance with a requirement under this Act;

arrange for staff specified in the order to receive training provided for in the regulations from providers set out in the regulations; or

allow employees of the Ministry, or agents or contractors acting under the authority of the Ministry, to perform any work or activity at the long-term care home that is necessary, in the opinion of the person making the order, to achieve compliance with a requirement under this Act and to pay the reasonable costs of the work or activity.

the licensee has not complied with a requirement under this Act; and

there are reasonable grounds to believe that the licensee will not or cannot perform the work or activity necessary to achieve compliance.

recover the reasonable costs of any work or activity performed under this section by withholding an amount from the funding that would otherwise be provided to the licensee under this Act; or

direct the Agency, if it provides funding to the licensee under the Connecting Care Act, 2019 to withhold from such funding an amount equal to the reasonable costs of any work or activity performed under this section.

that a specified amount of funding provided to or collected by the licensee under this Act be returned or paid by the licensee;

that a specified amount of funding be withheld from the funding that would otherwise be provided to the licensee under this Act;

that a specified amount of funding provided to the licensee by the Agency under the Connecting Care Act, 2019 be returned by the licensee; or

that the Agency, if it provides funding to the licensee under the Connecting Care Act, 2019, withhold a specified amount from funding.

The licensee should not gain from the non-compliance.

If the non-compliance reduces the value of the care and services provided by the licensee, the amount of funding returned, paid or withheld should be at least equal to the reduction in value.

The amount of funding returned, paid or withheld should be sufficient to encourage compliance with the requirement under this Act.

Any other principles that may be provided for in the regulations.

identifies the non-compliance in respect of which the order has been or may be made;

requires the licensee to take steps specified in the agreement within the time specified in the agreement; and

subject to any limitations provided for in the regulations, provides that the order be cancelled or not be made or the amount of funding to be returned, paid or withheld be reduced.

manage or assist in managing the entire operations of the long-term care home; or

manage or assist in managing a specific issue related to the operation of the long-term care home.

the licensee has not complied with a requirement under this Act;

there are reasonable grounds to believe that the licensee cannot or will not properly manage the long-term care home, or cannot do so without assistance;

there are circumstances present in the long-term care home that are prejudicial to the health, safety or welfare of residents; or

there is an emergency in the long-term care home, or a situation comparable to an emergency, such as an outbreak of disease of public health significance, a communicable disease as defined in the Health Protection and Promotion Act or a pandemic.

encouraging compliance with a requirement under this Act; or

preventing a licensee from deriving, directly or indirectly, any economic benefit as a result of not complying with a requirement under this Act.

shall not exceed $250,000;

shall be determined by the inspector or Director in accordance with the regulations; and

shall reflect the purpose referred to in subsection (2).

A notice of administrative penalty under subsection (1).

A decision of the Director under subsection 169 (6) or (7).

A decision of the Appeal Board under subsection 175 (2).

the licensee has not complied with a requirement under this Act;

any person has made a false statement in the application for the licence, or the licensee or any person acting on behalf of the licensee has made a false statement in any report, document or other information required to be furnished under this Act or under any other legislation in relation to the long-term care home;

the conduct of the licensee, a person with a controlling interest in the licensee or, where the licensee is a corporation, the conduct of the officers or directors, affords reasonable grounds to believe,

a person has acquired control over, or interfered with, the operation of the long-term care home by exercising a security interest contrary to section 110;

a person is in a position to acquire or has acquired control over the operation of the long-term care home by exercising a security interest in accordance with section 110, and the conditions provided for in the regulations apply; or

a person has gained a controlling interest in the licensee without the approval of the Director, contrary to section 112, or a condition of such an approval has been breached.

for a period of time specified in the suspension order, subject to the regulations, if any; or

until the revocation of the licence becomes effective and the residents of the home are relocated.

it would not be safe for residents to close the home immediately; and

the licensee is unable or unwilling to safely operate the home in accordance with all applicable requirements, including licence requirements, for the additional period necessary to close the home safely.

The long-term care home supervisor has all of the powers of the licensee to occupy, manage, operate and administer the home, and the licensee does not have those powers and does not have access to the long-term care home while it is under the supervisor’s control.

The long-term care home supervisor shall allow the Ministry full control of the home until the suspension is lifted, the licence expires, the licence is revoked or another solution is reached that is acceptable to the Director.

The licensee may not surrender its licence without the Director’s prior approval, unless all applicable requirements under this Act and the regulations have been met.

The long-term care home supervisor may have any repairs made to the home that the supervisor considers necessary to prevent, eliminate or reduce harm to or an adverse effect upon the health of any person or impairment of the safety of any person.

The cost of repairs under paragraph 4 are a debt owed by the licensee to the Crown and may be set off against the compensation mentioned in paragraph 6 and against any other funding that would otherwise be provided to the licensee under this Act or the Connecting Care Act, 2019.

The licensee is not entitled to funding under this Act or the Connecting Care Act, 2019 or payment for any service provided at the home, including a payment by a resident for accommodation, while the home is under the control of the long-term care home supervisor, other than reasonable compensation for use of the licensee’s property.

Any other amount owed by the licensee to the Crown may be set off against the compensation mentioned in paragraph 6.

The Crown and the long-term care home supervisor shall not, by reason of the appointment of the long-term care home supervisor, the occupation or operation of the home by the long-term care home supervisor or the continuation of an employee’s employment under subsection 160 (2), be responsible for a liability or a portion of a liability incurred or attributable to a period before the supervisor began occupying and operating the home.

If the Crown or the long-term care home supervisor pays any amount, a portion of which is attributable to anything that arose or occurred before the long-term care home supervisor began occupying and operating the home, the licensee shall owe the Crown a debt equal to that portion.

despite sections 25 and 39 of the Expropriations Act, may immediately occupy, operate and manage the long-term care home; and

may apply without notice to the Superior Court of Justice for an order directing the sheriff to assist the long-term care home supervisor in occupying the home.

subject to the regulations, if any, if a long-term care home supervisor occupies and operates a long-term care home pursuant to an order under section 159 with respect to the suspension of a licence;

if a long-term care home supervisor occupies and operates a long-term care home pursuant to an order under section 159 with respect to the revocation of a licence; and

subject to the regulations, if any, if a long-term care home supervisor occupies and operates a long-term care home pursuant to an appointment under subsection 159 (5) where a licence has expired or been surrendered by the licensee.

If the employee’s employment is terminated by the licensee during the period during which the long-term care home supervisor occupies and operates the home, the Crown shall pay the employee any termination pay, severance pay and entitlements owing under subsections 61 (1) and 64 (1) of the Employment Standards Act, 2000 that the licensee fails to pay.

The obligation to pay under paragraph 1 is limited to the portion of the pay and entitlements attributable to periods before the long-term care home supervisor began occupying and operating the home.

For greater certainty, paragraph 8 of subsection 159 (10) does not apply with respect to any amount the Crown pays under paragraph 1, but paragraph 9 of subsection 159 (10) does apply to such an amount.