Home Care and Community Services Act, 1994, S.O. 1994, c. 26

• Jurisdiction: Ontario

Home Care and Community Services Act, 1994

S.O. 1994, chapter 26

Historical version for the period April 11, 2022 to April 30, 2022.

Note: This Act is repealed on May 1, 2022, the day named by proclamation of the Lieutenant Governor. (See: 2020, c. 13, Sched. 3, s. 1)

Last amendment: 2021, c. 39, Sched. 2, s. 11.

CONTENTS

PART I
PURPOSES OF ACT

Purposes of Act

1 The purposes of this Act are,

(a) to ensure that a wide range of community services is available to people in their own homes and in other community settings so that alternatives to institutional care exist;

(b) to provide support and relief to relatives, friends, neighbours and others who provide care for a person at home;

(c) to improve the quality of community services and to promote the health and well-being of persons requiring such services;

(d) to recognize, in all aspects of the management and delivery of community services, the importance of a person’s needs and preferences, including preferences based on ethnic, spiritual, linguistic, familial and cultural factors;

(e) to integrate community services that are health services with community services that are social services in order to facilitate the provision of a continuum of care and support;

(f) Repealed: 2011, c. 1, Sched. 6, s. 4 (1).

(g) to promote equitable access to community services through the application of consistent eligibility criteria and uniform rules and procedures;

(h) to promote the effective and efficient management of human, financial and other resources involved in the delivery of community services;

(i) to encourage local community involvement, including the involvement of volunteers, in planning, co-ordinating, integrating and delivering community services and in governing the agencies that deliver community services; and

(j) to promote co-operation and co-ordination between providers of community services and providers of other health and social services;

(k) Repealed: 2011, c. 1, Sched. 6, s. 4 (2).

1994, c. 26, s. 1; 2011, c. 1, Sched. 6, s. 4 (1, 2); 2016, c. 23, s. 52.

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

2011, c. 1, Sched. 6, s. 4 (1, 2) - 30/03/2011

2016, c. 23, s. 52 - 05/12/2016

PART II
INTERPRETATION

Definitions

2 (1) In this Act,

“adult day program” means a program of structured and supervised activities in a group setting for adults with care or support requirements; (“programme de jour pour adultes”)

“agency” means,

(a) a corporation without share capital to which the Not-for-Profit Corporations Act, 2010 applies and that is carried on without the purpose of gain for its members,

(b) a corporation without share capital that is a co-operative, as defined in the Co-operative Corporations Act, and that is carried on without the purpose of gain for its members,

(c) a municipality, or

(d) Repealed: 2011, c. 1, Sched. 6, s. 4 (3).

(e) an organization operating under the authority of,

(i) a First Nation,

(ii) a group of First Nations, or

(iii) an aboriginal community; (“organisme”)

“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 agency” means an agency that is approved under subsection 5 (1); (“organisme agréé”)

“caregiver support services” means counselling, training, visiting and providing information, respite and other assistance to caregivers to support them in carrying out their caregiving responsibilities; (“services de soutien aux fournisseurs de soins”)

“First Nation” means the council of the band, as defined in the Indian Act (Canada); (“Première Nation”)

“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”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “local health integration network” in subsection 2 (1) of the Act is repealed. (See: 2019, c. 5, Sched. 3, s. 10 (1))

“meal services” means delivering nutritious meals to a person’s home or providing them in other locations in the community; (“services relatifs aux repas”)

“mentally capable” means able to understand the information that is relevant to making a decision concerning the subject-matter and able to appreciate the reasonably foreseeable consequences of a decision or lack of decision, and “mentally incapable” means not mentally capable; (“mentalement capable”, “mentalement incapable”)

“Minister” means the Minister of Health and Long-Term Care; (“ministre”)

“Ministry” means the Ministry of Health and Long-Term Care; (“ministère”)

“person” includes a municipality, a corporation and an organization referred to in clause (e) of the definition of “agency”; (“personne”)

“personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”)

“plan of service” means a plan of service developed or revised by an approved agency under section 22; (“programme de services”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“program supervisor” means a program supervisor appointed under section 61; (“superviseur de programmes”)

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

“service accountability agreement” means a service accountability agreement, as defined in subsection 1 (1) of the Connecting Care Act, 2019; (“entente de responsabilisation en matière de services”)

“service provider” means,

(a) the Minister, if the Minister is providing a community service under clause 4 (a) or (b),

(b) an approved agency,

(c) a person who provides a community service with the support of a payment under clause 4 (d), financial assistance under clause 4 (e) or (f) or a grant or contribution under clause 4 (g), or

(d) a person who provides a community service purchased by an approved agency; (“fournisseur de services”)

“substitute decision-maker”, in relation to a person to whom a record, information or an approved agency’s decision relates, means,

(a) any person who is a substitute decision-maker within the meaning of the Personal Health Information Protection Act, 2004, or

(b) any other person who is lawfully authorized to make a decision concerning a community service on behalf of the person to whom the record, information or approved agency’s decision relates; (“mandataire spécial”)

“transportation services” means providing transportation to persons who are unable to use existing transportation or assisting persons to obtain access to existing transportation. (“services de transport”) 1994, c. 26, s. 2 (1); 1996, c. 2, s. 71 (1); 1998, c. 18, Sched. G, s. 65 (1); 2002, c. 17, Sched. F, Table; 2004, c. 3, Sched. A, s. 89 (1-3); 2006, c. 4, s. 47 (1); 2006, c. 19, Sched. L, s. 11 (2, 3); 2009, c. 33, Sched. 18, s. 17 (2); 2010, c. 15, s. 232 (1); 2011, c. 1, Sched. 6, s. 4 (3-5); 2019, c. 5, Sched. 3, s. 10 (2, 3).

(2) Repealed: 2004, c. 3, Sched. A, s. 89 (4).

Community services

(3) For the purpose of this Act, the following are community services:

1. Community support services.

2. Homemaking services.

3. Personal support services.

4. Professional services. 1994, c. 26, s. 2 (3).

Community support services

(4) For the purpose of this Act, the following are community support services:

1. Meal services.

2. Transportation services.

3. Caregiver support services.

4. Adult day programs.

5. Home maintenance and repair services.

6. Friendly visiting services.

7. Security checks or reassurance services.

8. Social or recreational services.

9. Providing prescribed equipment, supplies or other goods.

10. Services prescribed as community support services. 1994, c. 26, s. 2 (4).

Homemaking services

(5) For the purpose of this Act, the following are homemaking services:

1. Housecleaning.

2. Doing laundry.

3. Ironing.

4. Mending.

5. Shopping.

6. Banking.

7. Paying bills.

8. Planning menus.

9. Preparing meals.

10. Caring for children.

11. Assisting a person with any of the activities referred to in paragraphs 1 to 10.

12. Training a person to carry out or assist with any of the activities referred to in paragraphs 1 to 10.

13. Providing prescribed equipment, supplies or other goods.

14. Services prescribed as homemaking services. 1994, c. 26, s. 2 (5).

Personal support services

(6) For the purpose of this Act, the following are personal support services:

1. Personal hygiene activities.

2. Routine personal activities of living.

3. Assisting a person with any of the activities referred to in paragraphs 1 and 2.

4. Training a person to carry out or assist with any of the activities referred to in paragraphs 1 and 2.

5. Providing prescribed equipment, supplies or other goods.

6. Services prescribed as personal support services. 1994, c. 26, s. 2 (6).

Professional services

(7) For the purpose of this Act, the following are professional services:

1. Nursing services.

2. Occupational therapy services.

3. Physiotherapy services.

4. Social work services.

5. Speech-language pathology services.

6. Dietetics services.

7. Training a person to provide any of the services referred to in paragraphs 1 to 6.

8. Providing prescribed equipment, supplies or other goods.

9. Services prescribed as professional services. 1994, c. 26, s. 2 (7).

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

1996, c. 2, s. 71 (1) - 29/03/1996; 1998, c. 18, Sched. G, s. 65 (1) - 01/02/1999

2002, c. 17, Sched. F, Table - 01/01/2003

2004, c. 3, Sched. A, s. 89 (1-4) - 01/11/2004

2006, c. 4, s. 47 (1) - 01/05/2010; 2006, c. 19, Sched. L, s. 11 (2, 3) - 22/06/2006

2009, c. 33, Sched. 18, s. 17 (2) - 15/12/2009

2010, c. 15, s. 232 (1) - 19/10/2021

2011, c. 1, Sched. 6, s. 4 (3-5) - 30/03/2011

2019, c. 5, Sched. 3, s. 10 (1) -...