Nursing Homes Act, R.S.O. 1990, c. N.7

JurisdictionOntario

Nursing Homes Act

R.S.O. 1990, CHAPTER N.7

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Note: On a day to be named by proclamation of the Lieutenant Governor, this Act is repealed by the Statutes of Ontario, 2007, chapter 8, section 194.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. 17 (2), 19.

Interpretation

1. (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”)

“Director” means the Director appointed under subsection 3 (2); (“directeur”)

“equity share” means a share of a class of shares of a corporation that carries a voting right either under all circumstances or under some circumstances that have occurred and are continuing; (“action participante”)

“inspector” means an inspector appointed under section 23; (“inspecteur”)

“licensee” means a person who is the holder of a licence under this Act; (“titulaire de permis”)

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 49 (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. 49 (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 the Minister of Health; (“ministre”)

“Ministry” means the Ministry of Health; (“ministère”)

“nursing home” means any premises maintained and operated for persons requiring nursing care or in which such care is provided to two or more unrelated persons, but does not include any premises falling under the jurisdiction of,

(a) the Charitable Institutions Act,

(b) the Child and Family Services Act,

(c) the Homes for the Aged and Rest Homes Act,

(d) Repealed: 2009, c. 33, Sched. 18, s. 19.

(e) the Private Hospitals Act, or

(f) the Public Hospitals Act; (“maison de soins infirmiers”)

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

“resident” means a person admitted to and lodged in a nursing home; (“pensionnaire”)

“security interest” means an agreement between a person and a licensee that secures the licensee’s payment or performance of an obligation by giving the person an interest in the licence; (“droit de sûreté”)

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 49 (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. 49 (1), 55 (2).

“spouse” means,

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

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

“substitute decision-maker”, in relation to a resident, 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. N.7, s. 1 (1); 1993, c. 2, s. 28; 1996, c. 2, s. 74 (1); 1998, c. 18, Sched. G, s. 66 (1, 2); 1999, c. 6, s. 46 (1); 2005, c. 5, s. 49 (1, 2); 2009, c. 33, Sched. 18, ss. 17 (2), 19.

Controlling interest

(2) A person shall be deemed to have a controlling interest in a corporation if the person alone or with an associate directly or indirectly beneficially owns or controls,

(a) issued and outstanding equity shares in the corporation in an amount to permit the person to direct the management and policies of the corporation; or

(b) 10 per cent or more of the issued and outstanding equity shares in the corporation. R.S.O. 1990, c. N.7, s. 1 (2).

Associates

(3) One person shall be deemed to be an associate of another person if,

(a) one person is a corporation of which the other person is an officer or director;

(b) one person is a partnership of which the other person is a partner;

(c) one person is a corporation that is controlled directly or indirectly by the other person;

(d) both persons are corporations and one person is controlled directly or indirectly by the same individual or corporation that controls directly or indirectly the other person;

(e) both persons are members of a voting trust where the trust relates to shares of a corporation;

(f) one person is the father, mother, brother, sister, child or spouse of the other person or is another relative who has the same home as the other person; or

(g) both persons are associates within the meaning of clauses (a) to (f) of the same person. R.S.O. 1990, c. N.7, s. 1 (3); 1999, c. 6, s. 46 (2); 2005, c. 5, s. 49 (3).

Calculating shares

(4) In calculating the total number of equity shares of a corporation beneficially owned or controlled for the purposes of this Act, the total number shall be calculated as the total of all the shares actually owned or controlled, but each share that carries the right to more than one vote shall be calculated as having the number of shares equal to the total number of votes it carries. R.S.O. 1990, c. N.7, s. 1 (4).

Fundamental principle, rights of residents

Fundamental principle

2. (1) The fundamental principle to be applied in the interpretation of this Act, the regulations and a service agreement between the Crown in right of Ontario and a licensee is that a nursing home 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. R.S.O. 1990, c. N.7, s. 2 (1); 1993, c. 2, s. 29 (1).

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 49 (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. 49 (2), 55 (2).

Residents’ bill of rights

(2) Every licensee shall ensure that the following rights of residents 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 other residents’ rights.

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 a nursing home, 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 towards 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 where a person is so designated to have that person so informed forthwith.

12. Every resident has the right to exercise the rights of a citizen and to raise concerns or recommend changes in policies and services on behalf of himself or herself or others to the residents’ council, nursing home staff, government officials or any other person inside or outside the nursing home, without fear of restraint, interference, coercion, discrimination or reprisal.

13. Every resident has the right to form friendships, to enjoy relationships...

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