O. Reg. 434/01: GENERAL

 

ONTARIO regulation 434/01

made under the

developmental services act

Made: November 28, 2001
Filed: November 29, 2001
Printed in The Ontario Gazette: December 15, 2001

Amending Reg. 272 of R.R.O. 1990

(General)

1. (1) The definition of “architect” in subsection 1 (1) of Regulation 272 of the Revised Regulations of Ontario, 1990 is revoked.

(2) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“group home” means a home providing staff-supported residential accommodation in a group setting for persons with a developmental disability, other than a facility listed in Schedule 1;

. . . . .

“licensed public accountant” means a public accountant licensed under the Public Accountancy Act;

(3) The definition of “professional engineer” in subsection 1 (1) of the Regulation is revoked.

(4) Clause (b) of the definition of “assistance” in subsection 1 (2) of the Regulation is revoked and the following substituted:

(b) aid in any form to a person with a developmental disability other than a resident for the purpose of providing all or any of the following,

(i) residential care,

(ii) family respite, and

(iii) travel and transportation;

(5) The definition of “services” in subsection 1 (2) of the Regulation is amended by striking out “handicap” in the portion
before clause (a) and substituting “disability”.

(6) Clause (b) of the definition of “services” in subsection 1 (2) of the Regulation is revoked.

(7) Clauses (c) and (d) of the definition of “services” in sub­section 1 (2) of the Regulation are revoked and the following substituted:

(c) day program supports,

(8) Clauses (h) and (i) of the definition of “services” in sub­section 1 (2) of the Regulation are revoked and the following substituted:

(h) training programs to offer instruction in the nature of developmental disabilities and their prevention,

(9) Clauses (j), (l), (m) and (n) of the definition of “services” in subsection 1 (2) of the Regulation are revoked and the following substituted:

(j) behaviour management,

. . . . .

(l) training of staff who work with persons with a developmental disability,

(m) information programs to increase awareness of existing services for persons with a developmental disability, and

(n) life skills training.

2. Section 2 of the Regulation is amended by adding the fol­lowing subsection:

(2) Group homes are designated as a class of facility to which the Act and this Regulation apply.

3. The heading “Part IV Capital Grants” immediately preceding section 4 and sections 4, 5, 6, 7, 8 and 9 of the Regulation are revoked.

4. The Regulation is amended by adding the following heading immediately preceding section 10:

PART V
RULES GOVERNING FACILITIES

5. (1) Section 10 of the Regulation is amended by striking out “A facility, if requested by the Minister, shall file with the Minister” at the beginning and substituting “The board or, where there is no board, the owner of each facility, if requested by the Minister, shall provide to the Minister”.

(2) Section 10 of the Regulation is amended by striking out “and” at the end of clause (d) and by adding the following clauses:

(f) the requirements of the electrical safety code made under the Electricity Act, 1998; and

(g) the requirements of the fire code made under the Fire Protection and Prevention Act, 1997.

6. The heading “Part V Rules Governing Facilities” immediately preceding section 11 of the Regulation is revoked.

7. (1) Clause 11 (g) of the Regulation is revoked and the following substituted:

(g) a written record is kept of each inspection and each test of fire equipment, a fire drill, the fire detection and alarm system, the heating system, chimneys and smoke detectors, and each such record is kept for at least two years from the date of the inspection or test;

(2) Clause 11 (l) of the Regulation is revoked.

(3) Clause 11 (o) of the Regulation is revoked and the following substituted:

(o) any oxygen used in the facility is stored in a manner consistent with standards in the medical community and the staff is trained in the safe use and storage of oxygen;

(4) Clauses 11 (r) and (s) of the Regulation are revoked.

8. Section 13 of the Regulation is amended by striking out “The board of each facility” at the beginning and substituting “The board or, where there is no board, the owner of each facility”.

9. The Regulation is amended by adding the following sections:

13.1 In every group home, the board or, where there is no board, the owner shall,

(a) provide nourishing meals at regular intervals prepared by or under the supervision of a competent person;

(b) provide adequate and sanitary supplies of drinking water;

(c) provide sleeping accommodation in rooms located on the ground floor or on the floor immediately above it;

(d) provide an outside recreation area, maintained in a safe and sanitary condition;

(e) provide an inside recreation area, maintained in a safe and sanitary condition;

(f) ensure that a minimum temperature of 20 Celsius is maintained from October 1 to May 31 in each year;

(g) ensure that a plan is developed for each resident, that the plan builds on the resident’s capacity to engage in activities which promote community life, that the plan honours the resident’s preferences, choices and abilities, that the resident participates in the development of the plan, that the plan is developed in a manner that respects the resident’s interests and concerns, and that the plan and the process of revising the plan change as the resident changes;

(h) ensure that each resident has access to medical services in accordance with his or her needs;

(i) ensure that each member of the staff has the qualifications and skill level required to perform the duties the member was hired to perform;

(j) ensure that each member of the staff receives such immunization as is recommended by the local medical officer of health and a health assessment before the person commences employment; and

(k) before hiring as a member of the staff or taking on as a volunteer a person who will have direct contact with residents, a personal reference check and a criminal reference check are completed with respect to the person.

13.2 (1) The board or, where there is no board, the owner of each group home shall keep a written record for each resident and shall retain the record for at least 20 years after the date of the last entry with respect to the resident in the record or, if the resident dies, for at least five years after the date of death of the resident.

(2) The record shall set out in respect of each resident,

(a) his or her name, age and gender;

(b) his or her address prior to admission to the group home;

(c) the names, addresses and occupations of his or her parents or guardians;

(d) his or her personal and family history;

(e) the date and circumstances of his or her admission to the group home;

(f) the terms of payment for his or her care and support;

(g) a record of all medical, psychological and other similar examinations of the resident, together with the findings and recommendations;

(h) an account of any matter or history that might affect the resident;

(i) the date and circumstances of his or her discharge from the group home; and

(j) the name and address of any person having charge of the resident at the time of his or her discharge and the relationship between them.

13.3 (1) The board or, where there is no board, the owner of each group home shall prepare and maintain separate books of account and financial records for each group home for each fiscal year that accurately record,

(a) all revenue and expenditures of the group home for the fiscal year; and

(b) all money received by the group home for the fiscal year other than funds received from sources under the Act.

(2) The books of account and financial records of each group home must be retained by the board or, where there is no board, the owner of the group home for at least seven years after the end of the fiscal year to which the books and records relate.

(3) The board or, where there is no board, the owner of each group home shall ensure that the financial statements of the group home for each fiscal year are audited by a licensed public accountant who is not a member of the board or, where there is no board, by a licensed public accountant who is not an owner of the group home.

13.4 (1) The board or, where there is no board, the owner of each group home shall provide to the Minister, not later than the last day of the fourth month following the end of each fiscal year,

(a) a copy of the audited financial statements of the group home for the fiscal year;

(b) a statement reconciling the operating subsidy paid by the Province during the fiscal year with any operating surplus for the fiscal year repayable to the Province; and

(c) a report of the auditor stating whether, in the auditor’s opinion,

(i) the auditor has received sufficient information and explanations to report on the group home’s financial statements for the fiscal year,

(ii) the financial statements for the fiscal year and the claims for provincial subsidy are in accordance with the books and records of the group home, and

(iii) the financial statements have been prepared in accordance with generally accepted accounting principles applied on a basis consistent with those of prior years.

(2) The fiscal year of a group home is the period designated by the Minister as the fiscal year of the group home.

. . . . .

15.1 (1) The board or, where there is no board, the owner of each group home is entitled to recover without interest from a resident or former resident of the group home or from the estate of that resident, as a debt due to the corporation or owner, the amount of the costs paid by the corporation or owner for providing assistance to the resident, even if provincial aid has been paid under section 35 of the Act.

(2) The Crown in right of Ontario is subrogated to the right of the corporation or owner to recover costs under subsection (1).

(3) Where costs in respect of which provincial aid has been paid under section 35 of the Act are recovered under subsection (1) or (2), the Crown in right of Ontario is entitled to the same percentage of the amount recovered as the percentage on which the contribution by the Province to the corporation or owner in respect of the amount recovered was based.

10. Sections 17, 18, 19, 20, 21 and 22 of the Regulation are revoked.

11. Forms 1, 2 and 3 of the Regulation are revoked.

12. This Regulation comes into force on the later of,

(a) the day section 2 of the Homes for Retarded Persons Repeal Act, 2001 comes into force; and

(b) the day this Regulation is filed.