Charitable Institutions Act, R.S.O. 1990, c. C.9

• Jurisdiction: Ontario

Charitable Institutions Act

R.S.O. 1990, CHAPTER C.9

Historical version for the period December 15, 2009 to June 30, 2010.

Note: On a day to be named by proclamation of the Lieutenant Governor, this Act is repealed by the Statutes of Ontario, 2007, chapter 8, section 194. See: 2007, c. 8, ss. 194, 232 (2).

Last amendment: 2009, c. 33, Sched. 18, ss. 2, 17 (2).

Definitions

1. In this Act,

“Appeal Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission d’appel”)

“approved charitable home for the aged” means a building, the buildings or the parts of a building or buildings approved under section 3 as a home for the aged; (“foyer de bienfaisance pour personnes âgées agréé”)

“approved charitable institution” means a charitable institution approved under section 3; (“établissement de bienfaisance agréé”)

“approved corporation” means a corporation approved under section 2; (“personne morale agréée”)

“charitable institution” means all or any part of a building or buildings maintained and operated by an approved corporation for persons requiring residential, sheltered, specialized or group care, but does not include,

(a) a children’s residence under Part IX (Licensing) of the Child and Family Services Act, or premises approved under subsection 9 (1) of that Act,

(b) a home or joint home under the Homes for the Aged and Rest Homes Act,

(c) Repealed: 2001, c. 13, s. 4.

(d) Repealed: 2009, c. 33, Sched. 18, s. 2.

(e) a private hospital under the Private Hospitals Act,

(f) a hospital under the Public Hospitals Act; (“établissement de bienfaisance”)

“Director” means a Director appointed for the purposes of this Act; (“directeur”)

“hostel” means a charitable institution for the temporary care of transient or homeless persons; (“centre d’accueil”)

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (1) by adding the following definition:

“local health integration network” means a local health integration network as defined in section 2 of the Local Health System Integration Act, 2006; (“réseau local d’intégration des services de santé”)

See: 2006, c. 4, ss. 43 (1), 55 (2).

“mentally incapable” means unable to understand the information that is relevant to making a decision concerning the subject-matter or unable to appreciate the reasonably foreseeable consequences of a decision or lack of decision; (“mentalement incapable”)

“Minister” means,

(a) the Minister of Health in relation to matters concerning approved charitable homes for the aged, and

(b) the Minister of Community and Social Services in relation to matters concerning any other class of charitable institutions; (“ministre”)

“provincial supervisor” means a child welfare supervisor, a welfare institutions supervisor or a Director and includes any other employee of the Ministry of Community and Social Services who is designated by the Minister as a provincial supervisor for the purposes of this Act; (“superviseur provincial”)

“regulations” means the regulations made under this Act; (“règlements”)

“resident” means, in the case of an approved charitable home for the aged, a person admitted to and lodged in that home; (“pensionnaire”)

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (1) by adding the following definition:

“service accountability agreement” means a service accountability agreement as defined in section 21 of the Commitment to the Future of Medicare Act, 2004; (“entente de responsabilisation en matière de services”)

See: 2006, c. 4, ss. 43 (1), 55 (2).

“substitute decision-maker”, in relation to a resident of an approved charitable home for the aged, means,

(a) the person who would be authorized under the Health Care Consent Act, 1996 to give or refuse consent to a treatment on behalf of the resident if the resident were incapable with respect to the treatment under that Act, or

(b) the person who would be authorized under the Health Care Consent Act, 1996 to make a decision concerning a personal assistance service on behalf of the resident if the resident were incapable with respect to the personal assistance service under that Act. (“mandataire spécial”) R.S.O. 1990, c. C.9, s. 1; 1993, c. 2, s. 1; 1994, c. 26, s. 70 (1); 1996, c. 2, s. 61 (1); 1998, c. 18, Sched. G, s. 46 (1); 2001, c. 13, s. 4; 2009, c. 33, Sched. 18, ss. 2, 17 (2).

Approval of corporations

2. Where the Minister is satisfied that any corporation without share capital having objects of a charitable nature to which Part III of the Corporations Act applies or that is incorporated under a general or special Act of the Parliament of Canada is, with financial assistance under this Act, financially capable of establishing, maintaining and operating a charitable institution and that its affairs are carried on under competent management in good faith for charitable purposes, the Minister may approve such corporation for the purposes of this Act. R.S.O. 1990, c. C.9, s. 2.

Approval of buildings

3. (1) Subject to section 4, where the Minister is satisfied that all or any part of a building or buildings is suitable for providing accommodation as a charitable institution in accordance with this Act and the regulations, the Minister may approve all or any part of such building or buildings, as the case may be, as a member of a class of charitable institutions prescribed in the regulations for the maintenance and operation of which assistance may be given under this Act. R.S.O. 1990, c. C.9, s. 3 (1).

Effective date of approval

(2) An approval given under subsection (1) or under section 2 may take effect on any date fixed by the Minister that is prior to the date on which the approval is given, but in no case shall the date upon which the approval under subsection (1) takes effect precede the date that the approval given under section 2 to the corporation maintaining and operating the institution takes effect. R.S.O. 1990, c. C.9, s. 3 (2).

Fundamental principle, rights of residents

Fundamental principle

3.1 (1) In interpreting a provision of this Act or the regulations that applies to an approved charitable home for the aged and in interpreting a provision of a service agreement between the Crown in right of Ontario and an approved corporation maintaining and operating an approved charitable home for the aged, the fundamental principle to be applied is that an approved charitable home for the aged is primarily the home of its residents and, as such, it is to be operated in such a way that the physical, psychological, social, cultural and spiritual needs of each of its residents are adequately met and that its residents are given the opportunity to contribute, in accordance with their ability, to the physical, psychological, social, cultural and spiritual needs of others. 1993, c. 2, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 43 (2) by striking out “a service agreement between the Crown in right of Ontario” and substituting “a service accountability agreement between a local health integration network”. See: 2006, c. 4, ss. 43 (2), 55 (2).

Residents’ bill of rights

(2) An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that the following rights of residents of the home are fully respected and promoted:

1. Every resident has the right to be treated with courtesy and respect and in a way that fully recognizes the resident’s dignity and individuality and to be free from mental and physical abuse.

2. Every resident has the right to be properly sheltered, fed, clothed, groomed and cared for in a manner consistent with his or her needs.

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

4. Every resident has the right to be afforded privacy in treatment and in caring for his or her personal needs.

5. Every resident has the right to keep in his or her room and display personal possessions, pictures and furnishings in keeping with safety requirements and rights of other residents of the home.

6. Every resident has the right,

i. to be informed of his or her medical condition, treatment and proposed course of treatment,

ii. to give or refuse consent to treatment, including medication, in accordance with the law and to be informed of the consequences of giving or refusing consent,

iii. to have the opportunity to participate fully in making any decision and obtaining an independent medical opinion concerning any aspect of his or her care, including any decision concerning his or her admission, discharge or transfer to or from an approved charitable home for the aged, and

iv. to have his or her records of personal health information within the meaning of the Personal Health Information Protection Act, 2004 kept confidential in accordance with the law.

7. Every resident has the right to receive reactivation and assistance toward independence consistent with his or her requirements.

8. Every resident who is being considered for restraints has the right to be fully informed about the procedures and the consequences of receiving or refusing them.

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

10. Every resident whose death is likely to be imminent has the right to have members of the resident’s family present twenty-four hours per day.

11. Every resident has the right to designate a person to receive information concerning any transfer or emergency hospitalization of the resident and, if a person is so...