Community Care Access Corporations Act, 2001, S.O. 2001, c. 33

• Jurisdiction: Ontario

Community Care Access Corporations Act, 2001

S.O. 2001, Chapter 33

Historical version for the period December 8, 2016 to October 31, 2017.

Note: This Act is repealed on November 1, 2017, the day named by proclamation of the Lieutenant Governor. (See: 2016, c. 30, s. 34)

Last amendment: 2016, c. 30, s. 34.

CONTENTS

Interpretation

Definitions

1 (1) In this Act,

“community care access corporation” means a corporation that is continued under subsection 2 (1) or incorporated under subsection 2 (4); (“société d’accès aux soins communautaires”)

“Minister” means the Minister of Health and Long-Term Care or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act. (“ministre”) 2001, c. 33, s. 1 (1); 2006, c. 4, s. 41 (1).

Interpretation

(2) Expressions used in this Act have the same meaning as in the Home Care and Community Services Act, 1994, unless the context requires otherwise. 2001, c. 33, s. 1 (2); 2007, c. 8, s. 200 (1).

Section Amendments with date in force (d/m/y)

2006, c. 4, s. 41 (1) - 28/03/2006

2007, c. 8, s. 200 (1) - 01/07/2010

Continuation or Establishment of Corporations

Community care access corporations

2 (1) Each corporation designated as a community care access corporation immediately before subsection 41 (2) of the Local Health System Integration Act, 2006 came into force is continued and is a community care access corporation with the names that it had immediately before that time. 2006, c. 4, s. 41 (2).

Extinguishment of letters patent

(2) The letters patent issued to constitute a corporation continued under subsection (1) are extinguished. 2006, c. 4, s. 41 (2).

Transition

(3) The Minister may, by regulation, revoke a regulation made under this section, as it read immediately before subsection 41 (2) of the Local Health System Integration Act, 2006 came into force. 2006, c. 4, s. 41 (2).

Establishment

(4) The Lieutenant Governor in Council may by regulation incorporate one or more corporations without share capital and a corporation incorporated under this subsection is a community care access corporation. 2006, c. 4, s. 41 (2).

Section Amendments with date in force (d/m/y)

2006, c. 4, s. 41 (2) - 28/03/2006

Home Care and Community Services Act, 1994

3 Sections 50, 51, 53, 54 and 55, subsections 56 (2), (3), (4), (5) and (6) and section 57 of the Home Care and Community Services Act, 1994 do not apply with respect to a community care access corporation that has been approved under subsection 5 (1) of that Act. 2011, c. 1, Sched. 6, s. 1 (1).

Section Amendments with date in force (d/m/y)

2007, c. 8, s. 200 (2, 3) - 01/07/2010

2011, c. 1, Sched. 6, s. 1 (1) - 30/03/2011

Corporate Matters

Continuation of designated corporations

4 (1) Repealed: 2006, c. 4, s. 41 (3).

Members, transition

(2) On the day subsection 41 (4) of the Local Health System Integration Act, 2006 comes into force, the members of a community care access corporation shall be the members of its board of directors who held office immediately before that day. 2006, c. 4, s. 41 (4).

(3) Repealed: 2006, c. 4, s. 41 (5).

Status

(4) A community care access corporation is not an agent of Her Majesty for any purpose despite the Crown Agency Act. 2001, c. 33, s. 4 (4).

Corporations Information Act

(5) The Corporations Information Act does not apply to a community care access corporation except if the regulations made under this Act specifically provide otherwise. 2006, c. 4, s. 41 (6).

Corporations Act

(5.1) The Corporations Act does not apply to a community care access corporation except if this Act or the regulations made under it specifically provide otherwise. 2006, c. 4, s. 41 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5.1) is repealed. See: 2010, c. 15, ss. 219 (1), 249.

Exception

(5.2) The following provisions of the Corporations Act apply to a community care access corporation as if it were a corporation under that Act and references in those provisions to letters patent or supplementary letters patent shall be disregarded and references to the Act shall be read as references to the Corporations Act: sections 1, 120, 122 and 123, subsections 124 (1) and (2), sections 125 and 127, subsection 128 (1), section 129 except for clause (1) (e), sections 283, 285, 286, 287, 289, 290, subsection 291 (1), sections 292 to 310 and subsections 311 (1) and (2). 2006, c. 4, s. 41 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5.2) is repealed. See: 2010, c. 15, ss. 219 (1), 249.

Conflict of interest, indemnities and standard of care

(6) Section 132, subsection 134 (1) and section 136 of the Business Corporations Act apply to a community care access corporation and to the members of its board of directors with necessary modifications. 2001, c. 33, s. 4 (6).

Section Amendments with date in force (d/m/y)

2006, c. 4, s. 41 (3, 5) - 28/03/2006; 2006, c. 4, s. 41 (4, 6) - 01/04/2009

2010, c. 15, s. 219 (1) - not in force

Objects

5 The following are the objects of a community care access corporation:

1. To provide, directly or indirectly, health and related social services and supplies and equipment for the care of persons.

2. To provide, directly or indirectly, goods and services to assist relatives, friends and others in the provision of care for such persons.

3. To manage the placement of persons into long-term care facilities.

4. To provide information to the public about community-based services, long-term care facilities and related health and social services.

5. To co-operate with other organizations that have similar objects.

6. To carry out any charitable object that is prescribed and that is related to any of the objects described in paragraphs 1 to 5. 2001, c. 33, s. 5; 2006, c. 4, s. 41 (7); 2016, c. 23, s. 41.

Section Amendments with date in force (d/m/y)

2006, c. 4, s. 41 (7) - 28/03/2006

2016, c. 23, s. 41 - 5/12/2016

Powers

6 (1) A community care access corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited by this Act. 2001, c. 33, s. 6 (1); 2006, c. 4, s. 41 (8).

Restriction, real property

(2) A community care access corporation shall neither acquire nor dispose of real property without the approval of the Minister. 2001, c. 33, s. 6 (2).

Restriction, borrowing

(3) A community care access corporation shall not borrow money on its credit or give security against its property without the approval of the Minister. 2001, c. 33, s. 6 (3).

Use of property, etc.

(4) The assets and income of a community care access corporation shall be applied solely to promote the objects of the corporation. 2001, c. 33, s. 6 (4).

Section Amendments with date in force (d/m/y)

2006, c. 4, s. 41 (8) - 28/03/2006

Right to use French

6.1 (1) A person has the right to communicate in French with, and to receive available services in French from, a community care access corporation. 2011, c. 9, Sched. 6, s. 1.

Board to ensure

(2) The board of directors of a community care access corporation shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section. 2011, c. 9, Sched. 6, s. 1.

Limitation

(3) The right to use French given by this section is subject to the limits that are reasonable in the circumstances. 2011, c. 9, Sched. 6, s. 1.

Definition

(4) In this section,

“service” means any service or procedure that is provided to the public by a community care access corporation and includes all communications for the purpose. 2011, c. 9, Sched. 6, s. 1.

Section Amendments with date in force (d/m/y)

2011, c. 9, Sched. 6, s. 1 - 01/01/2012

Board of directors

7 (1) The members of the board of directors of a community care access corporation who held office immediately before subsection 41 (9) of the Local Health System Integration Act, 2006 came into force continue to hold office until replaced. 2006, c. 4, s. 41 (9).

(2) Repealed: 2006, c. 4, s. 41 (9).

Expenses

(3) The members of a board of directors shall be reimbursed for their reasonable expenses incurred in performing their duties under this Act. 2001, c. 33, s. 7 (3).

(4) Repealed: 2006, c. 4, s. 41 (10).

Quorum

(5) A majority of members of the board of directors constitutes a quorum for meetings of the board. 2001, c. 33, s. 7 (5).

(6) Repealed: 2006, c. 4, s. 41 (11).

Section Amendments with date in force (d/m/y)

2006, c. 4, s. 41 (9, 10) - 01/04/2009; 2006, c. 4, s. 41 (11) - 28/03/2006

Powers of a board of directors

8 (1) Repealed: 2006, c. 4, s. 41 (12).

By-laws and resolutions

(2) A board may make by-laws and pass resolutions regulating its proceedings and generally for the conduct and management of the affairs of the community care access corporation. 2001, c. 33, s. 8 (2).

Officers

(3) Without limiting the generality of subsection (2), a board may pass by-laws or resolutions to appoint officers and assign to them such powers and duties as the board considers appropriate. 2001, c. 33, s. 8 (3).

Delegation

(4) A board may delegate any of its powers or duties under this Act to such person or persons as the board considers appropriate and may impose conditions and restrictions with respect to the delegation. 2001, c. 33, s. 8 (4).

Section Amendments with date in force (d/m/y)

2006, c. 4, s. 41 (12) - 01/04/2009

Committees

9 A board of directors may establish committees of the board as it considers appropriate. 2006, c. 4, s. 41 (13).

Section Amendments with date in force (d/m/y)

2006, c. 4, s. 41 (13) - 28/03/2006

Executive Director

10 (1) The board of directors of a community care access corporation shall appoint an Executive Director who shall be the chief executive officer responsible for the management and administration of the corporation, subject to the supervision...