GENERAL, O. Reg. 166/11

• Jurisdiction: Ontario

Retirement Homes Act, 2010

ONTARIO REGULATION 166/11

General

Consolidation Period: From May 1, 2022 to the e-Laws currency date.

Last amendment: 313/22.

This is the English version of a bilingual regulation.

Definitions for the Act

Abuse

1. (1) For the purposes of the definition of “abuse” in subsection 2 (1) of the Act,

“emotional abuse” means,

(a) any threatening, insulting, intimidating or humiliating gestures, actions, behaviour or remarks, including imposed social isolation, shunning, ignoring, lack of acknowledgement or infantilization that are performed by anyone other than a resident, or

(b) any threatening or intimidating gestures, actions, behaviour or remarks by a resident that causes alarm or fear to another resident if the resident performing the gestures, actions, behaviour or remarks understands and appreciates their consequences; (“mauvais traitement d’ordre psychologique”)

“financial abuse” means any misappropriation or misuse of a resident’s money or property; (“exploitation financière”)

“physical abuse” means, subject to subsection (2),

(a) the use of physical force by anyone other than a resident that causes physical injury or pain,

(b) administering or withholding a drug for an inappropriate purpose, or

(c) the use of physical force by a resident that causes physical injury to another resident; (“mauvais traitement d’ordre physique”)

“sexual abuse” means,

(a) subject to subsection (3), any consensual or non-consensual touching, behaviour or remarks of a sexual nature or sexual exploitation that is directed towards a resident by a licensee or staff member, or

(b) any non-consensual touching, behaviour or remarks of a sexual nature or sexual exploitation directed towards a resident by a person other than a licensee or staff member; (“mauvais traitement d’ordre sexuel”)

“verbal abuse” means,

(a) any form of verbal communication of a threatening or intimidating nature or any form of verbal communication of a belittling or degrading nature that diminishes a resident’s sense of well-being, dignity or self-worth, if the communication is made by anyone other than a resident, or

(b) any form of verbal communication of a threatening or intimidating nature made by a resident that leads another resident to fear for his or her safety if the resident making the communication understands and appreciates its consequences. (“mauvais traitement d’ordre verbal”) O. Reg. 166/11, s. 1 (1).

(2) For the purposes of clause (a) of the definition of “physical abuse” in subsection (1), physical abuse does not include the use of force that is appropriate to the provision of care or assisting a resident with activities of daily living, unless the force used is excessive in the circumstances. O. Reg. 166/11, s. 1 (2).

(3) For the purposes of the definition of “sexual abuse” in subsection (1), sexual abuse does not include,

(a) touching, behaviour or remarks of a clinical nature that are appropriate to the provision of care or assisting a resident with activities of daily living; or

(b) consensual touching, behaviour or remarks of a sexual nature between a resident and a licensee or staff member that is in the course of a sexual relationship that began before the resident commenced residency in the retirement home or before the licensee or staff member became a licensee or staff member. O. Reg. 166/11, s. 1 (3).

Care services

2. (1) The following services are prescribed as care services for the purposes of the Act:

1. Any service that a member of the College of Physicians and Surgeons of Ontario provides while engaging in the practice of medicine.

2. Any service that a member of the College of Nurses of Ontario provides while engaging in the practice of nursing.

3. Any service that a member of the Ontario College of Pharmacists provides while engaging in the practice of pharmacy.

4. The provision of a dementia care program.

5. The provision of a skin and wound care program. O. Reg. 166/11, s. 2 (1).

(2) Services provided under the Homemakers and Nurses Services Act are not care services for the purposes of the Act. O. Reg. 166/11, s. 2 (2).

Retirement home

3. (1) For the purposes of clause (b) of the definition of “retirement home” in subsection 2 (1) of the Act, a residential complex or the part of a residential complex that is a retirement home must be occupied or be intended to be occupied by at least six persons who are not related to the operator of the home. O. Reg. 166/11, s. 3 (1).

(2) The following premises are prescribed for the purposes of clause (f) of the definition of “retirement home” in subsection 2 (1) of the Act as not being retirement homes:

1. Premises, or parts of premises, at which a supportive housing program or a residential treatment program is provided and funded under,

i. Revoked: O. Reg. 195/22, s. 1 (1).

ii. the Local Health System Integration Act, 2006,

iii. the Connecting Care Act, 2019, or

iv. the Ministry of Health and Long-Term Care Act.

2. Premises or parts of premises funded under the Community Homelessness Prevention Initiative of the Ministry of Municipal Affairs and Housing.

3. Premises, or parts of premises, owned or operated by a health service provider or an Ontario Health Team that was funded under section 21 of the Connecting Care Act, 2019 to provide home and community care services that include residential accommodation within the meaning of Ontario Regulation 187/22 (Home and Community Care Services) made under that Act at the premises, or parts of premises, on the day that section 1 of that Regulation came into force. O. Reg. 416/12, s. 1; O. Reg. 210/21, s. 1; O. Reg. 195/22, s. 1.

(3) A statement in this section or the definition of “retirement home” in subsection 2 (1) of the Act that part of a premises is or is not a retirement home applies only to that part of the premises. O. Reg. 166/11, s. 3 (3).

Interpretation

Interpretation

4. (1) In this Regulation,

“adverse drug reaction” means a harmful and unintended response by a resident to a drug or combination of drugs that occurs at doses normally used or tested for the diagnosis, treatment or prevention of a disease or the modification of an organic function; (“réaction indésirable à un médicament”)

“altered skin integrity” means potential or actual disruption of epidermal or dermal tissue, including skin breakdown, pressure ulcers and skin tears or wounds; (“signes d’altération de l’intégrité épidermique”)

“drug” means a drug as defined in the Drug and Pharmacies Regulation Act; (“médicament”)

“responsive behaviours” means behaviours that often indicate,

(a) an unmet need in a person, whether cognitive, physical, emotional, social, environmental or other, or

(b) a response to circumstances within the social or physical environment that may be frustrating, frightening or confusing to a person. (“comportements réactifs”) O. Reg. 166/11, s. 4 (1).

(2) If this Regulation requires or permits a member of a College, as defined in the Regulated Health Professions Act, 1991, to perform an act, that person must hold a current certificate of registration issued by the College that authorizes the person to engage in the practice of a health profession and that is not subject to a term, condition or limitation that the member only practise the health profession while under the direction or supervision of another member of that College. O. Reg. 166/11, s. 4 (2).

4.1 Revoked: O. Reg. 211/22, s. 1.

Operation of a Retirement Home

4.2 Revoked: O. Reg. 211/22, s. 1.

Application for licence

5. (1) For the purposes of section 34 of the Act, an application for a licence to operate a specific retirement home shall be submitted to the Registrar in the form and manner that the Registrar specifies and shall include the following documents and information:

1. The applicant’s name and address.

2. The name of the primary contact person for the applicant and, if available, additional contact information for the applicant, such as e-mail address, telephone number, fax number and website address.

3. The name of every person who has a controlling interest in the applicant.

4. The name of the person, if any, that the applicant has employed or retained to manage the operations or most of the operations of the retirement home.

5. The retirement home’s name and address.

6. A statement whether there is an automatic sprinkler in the room of each resident or elsewhere in the retirement home and, if so, information about the sprinklers.

7. The number of residents that the retirement home can accommodate.

8. The care services that the applicant, when licensed, will make available to the residents.

9. Disclosure of all non-arm’s length relationships between the applicant and external care providers that are currently providing care services to a resident or that the applicant intends to have provide care services to a resident.

10. Signed declarations from each of the persons mentioned in subparagraphs 1 i, ii, iii and iv of section 35 of the Act disclosing the following:

i. Every offence with which the person has been charged under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), the Food and Drugs Act (Canada) or the Cannabis Act (Canada) and the outcome of the charge.

ii. Every order of a judge or justice of the peace made against the person in respect of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), the Food and Drugs Act (Canada) or the Cannabis Act (Canada), including a peace bond, probation order, prohibition order or warrant to arrest.

iii. Every offence of which the person has been convicted under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), the Food and Drugs Act (Canada) or the Cannabis Act (Canada). O. Reg. 211/22, s. 2.

(2) An application for a licence shall include payment of the application fee...