O. Reg. 165/11: DEFINITIONS AND PUBLIC INFORMATION ABOUT REPORTING MATTERS RELATING TO CARE AND SAFETY

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ONTARIO REGULATION 165/11

made under the

RETIREMENT HOMES ACT, 2010

Made: May 4, 2011
Filed: May 16, 2011
Published on e-Laws: May 18, 2011
Printed in The Ontario Gazette: June 4, 2011

DEFINITIONS AND PUBLIC INFORMATION ABOUT REPORTING MATTERS RELATING TO CARE AND SAFETY

Care services

1. Services provided under the Homemakers and Nurses Services Act are not care services for the purposes of the Act.

Retirement home

2. (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.

(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: premises, or parts of premises, at which a supportive housing program or a residential treatment program is provided and funded under the Home Care and Community Services Act, 1994, the Local Health System Integration Act, 2006 or the Ministry of Health and Long-Term Care Act.

(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.

Public information

3. (1) For the purposes of paragraph 4 of subsection 55 (2) of the Act, the following information is prescribed as information that must be posted in a retirement home under that subsection: information about reporting to the Registrar matters relating to the care and safety of the residents of the home that is on a sign that the Registrar provides or that is in a form that the Registrar approves.

(2) Paragraph 4 of subsection 55 (2) of the Act applies to an operator of a retirement home who is not licensed under the Act as if the operator were a licensee.

Exemption for reporting to the Registrar

4. A person is exempt from the requirement to make a report to the Registrar under subsection 75 (1) of the Act if the person does not have reasonable grounds to suspect that the subject, or possible subject, of improper or incompetent treatment or care, abuse, neglect, unlawful conduct or misuse or misappropriation of money is a resident of a retirement home.

Exemptions from offences

5. A paragraph of subsection 98 (2) of the Act set out in Column 1 of the following Table does not apply to any person before the day that the section of the Act set out in Column 2 opposite it comes into force:

TABLE
EXEMPTION FROM OFFENCES

Column 1	Column 2
Paragraph of subsection 98 (2) of the Act	Section of the Act
1	33
2	44
3	49
4	60
5	61
6	67

Amendment

6. Subsection 3 (2) of this Regulation is revoked.

Commencement

7. (1) Subject to subsections (2), (3), (4) and (5), this Regulation comes into force on the later of the day section 121 of the Act comes into force and the day this Regulation is filed.

(2) Section 3 comes into force on the later of the day subsection 55 (2) and section 121 of the Act come into force and the day this Regulation is filed.

(3) Section 4 comes into force on the later of the day subsection 75 (1) and section 121 of the Act come into force and the day this Regulation is filed.

(4) Section 5 comes into force on the later of the day subsection 98 (2) and section 121 of the Act come into force and the day this Regulation is filed.

(5) Section 6 comes into force on the later of the day subsection 33 (1) of the Act comes into force and the day this Regulation is filed.

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