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O. Reg. 119/02: GENERAL

filed March 28, 2002 under Charitable Institutions Act, R.S.O. 1990, c. C.9

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ONTARIO regulation 119/02

made under the

charitable institutions act

Made: March 20, 2002
Filed: March 28, 2002
Printed in The Ontario Gazette: April 13, 2002

Amending Reg. 69 of R.R.O. 1990

(General)

1. (1) Subsection 1 (1) of Regulation 69 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“continuum of care applicant”, in relation to a continuum of care approved charitable home for the aged, means a person who resides in a project set out opposite the approved charitable home for the aged in Column 2 of the Continuum of Care Facilities Table and has resided there as of a date earlier than July 1, 1994;

“Continuum of Care Facilities Table” means the table published by the Ministry of Health and Long-Term Care that is titled “Continuum of Care Facilities Table” and that is dated October 24, 1996;

“continuum of care approved charitable home for the aged” means an approved charitable home for the aged set out in Column 1 of the Continuum of Care Facilities Table;

“interim bed” means a bed that exists in an approved charitable home for the aged for a temporary period of time under the terms of a service agreement for interim beds;

(2) The definitions of “private room” and “registered nurse” in subsection 1 (1) of the Regulation are revoked and the following substituted:

“private room” means a room with one bed, other than,

(a) a room with one bed that is part of a semi-private room described in clause (b) of the definition of “semi-private room”, or

(b) a room that is designated by an approved corporation as a standard room;

“registered nurse” means a member of the College of Nurses of Ontario who holds a certificate of registration as a registered nurse under the Nursing Act, 1991;

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

“related temporary approved charitable home for the aged” means, where all or some of the beds in an approved charitable home for the aged are to be temporarily or permanently closed, another approved charitable home for the aged, if any, that is operated by the same approved corporation and is to provide beds to residents of the original approved charitable home for the aged on a temporary basis until beds in the re-opened approved charitable home for the aged or replacement approved charitable home for the aged are available for those residents;

“related temporary home” has the same meaning as in Regulation 637 of the Revised Regulations of Ontario, 1990 made under the Homes for the Aged and Rest Homes Act;

“related temporary nursing home” has the same meaning as in Regulation 832 of the Revised Regulations of Ontario, 1990 made under the Nursing Homes Act;

“re-opened approved charitable home for the aged” means, where all or some of the beds in an approved charitable home for the aged are to be temporarily closed, the same approved charitable home for the aged once those beds are re-opened;

“re-opened home” has the same meaning as in Regulation 637 of the Revised Regulations of Ontario, 1990 made under the Homes for the Aged and Rest Homes Act;

“re-opened nursing home” has the same meaning as in Regulation 832 of the Revised Regulations of Ontario, 1990 made under the Nursing Homes Act;

“replacement approved charitable home for the aged” means, where all or some of the beds in an approved charitable home for the aged are to be permanently closed, the new approved charitable home for the aged, if any, to be operated by the same approved corporation and to serve as a replacement for the beds being closed in the original approved charitable home for the aged;

“replacement home” has the same meaning as in Regulation 637 of the Revised Regulations of Ontario, 1990 made under the Homes for the Aged and Rest Homes Act;

“replacement nursing home” has the same meaning as in Regulation 832 of the Revised Regulations of Ontario, 1990 made under the Nursing Homes Act;

(4) The definition of “semi-private room” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“semi-private room” means,

(a) a room with two beds, other than a room that is designated by an approved corporation as a standard room, or

(b) a room with one bed that is joined to another room with one bed by a washroom shared by both rooms, other than a room that is designated by an approved corporation as a standard room;

(5) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“veterans’ priority access bed” means a bed that has been designated as a veteran’s priority access bed under section 9.8 of the Act.

2. Clause 20.1 (2) (a) of the Regulation is revoked and the following substituted:

(a) the approved corporation is informed by the inter-disciplinary team providing the resident’s care or, in the case of a resident who is absent from the home, by the resident’s physician, that the home cannot provide a sufficiently secure environment to ensure the safety of the resident or the safety of persons who come into contact with the resident, and other arrangements are made to provide the accommodation, care and secure environment required by the resident;

3. Section 20.2 of the Regulation is revoked and the following substituted:

20.2 (1) An approved corporation maintaining and operating an approved charitable home for the aged shall require the inter-disciplinary team providing a resident’s care to inform the approved corporation if the team is of the opinion that the home cannot provide a sufficiently secure environment to ensure the safety of the resident or the safety of persons who come into contact with the resident.

(2) If an approved corporation maintaining and operating an approved charitable home for the aged is informed by the inter-disciplinary team providing a resident’s care that, in the opinion of the team, the home cannot provide a sufficiently secure environment to ensure the safety of the resident or the safety of persons who come into contact with the resident, the approved corporation shall ensure that arrangements are made for the resident to be admitted to a hospital or other facility better suited to provide the accommodation, care and secure environment required by the resident.

4. The Regulation is amended by adding the following section:

Information

59.1 When a person who wishes to seek admission to an approved charitable home for the aged contacts a placement co-ordinator, the placement co-ordinator shall provide the person with information about retirement homes and other alternative services that the person may wish to consider.

5. Subsections 61 (4) and (5) of the Regulation are revoked.

6. (1) Clauses 65 (1) (c) and (d) of the Regulation are revoked and the following substituted:

(i) a member of the College of Physicians and Surgeons of Ontario, or

(ii) a registered nurse who holds a general certificate of registration or an extended certificate of registration in accordance with the regulations made under the Nursing Act, 1991;

(d) an up-to-date functional assessment of the person conducted by a health or social service provider approved by the placement co-ordinator; and

(2) Subsections 65 (2) and (3) of the Regulation are revoked and the following substituted:

(2) Despite subsection (1), the following persons are not required to establish that they are at least 18 years old and are not required to comply with clauses (1) (b), (c) and (d):

1. A long-stay resident applying for a determination of eligibility for the purpose of transferring to another approved charitable home for the aged as a long-stay resident.

2. A long-stay resident under the Homes for the Aged and Rest Homes Act or the Nursing Homes Act applying for a determination of eligibility for the purpose of transferring to an approved charitable home for the aged as a long-stay resident.

(3) Despite subsection (1), a person described in a paragraph of subsection (2) who is applying for a determination of eligibility for the purpose of transferring to a related temporary approved charitable home for the aged, a re-opened approved charitable home for the aged or a replacement approved charitable home for the aged as a long-stay resident is not required to provide his or her request for a determination respecting his or her eligibility in the form provided by the Minister, if he or she is a long-stay resident of the original approved charitable home for the aged or was a long-stay resident of the original approved charitable home for the aged immediately before the closure of his or her bed in the home.

(3) Subsection 65 (4) of the Regulation is amended by striking out “category 1” and substituting “category 1A”.

7. (1) Clause 67 (1) (c) of the Regulation is amended by striking out “79” at the end and substituting “79.4”.

(2) Section 67 of the Regulation is amended by adding the following subsection:

(1.1) Despite clause (1) (a), a request for authorization of admission need not be in writing if it is a request for authorization of admission as a long-stay resident with respect to a related temporary approved charitable home for the aged, a re-opened approved charitable home for the aged or a replacement approved charitable home for the aged made by a person who is a long-stay resident of the original approved charitable home for the aged or was a long-stay resident of the original approved charitable home for the aged immediately before the closure of his or her bed in the home.

8. Subsection 68 (1) of the Regulation is amended by adding “Subject to sections 68.1 and 69.1” at the beginning.

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

68.1 (1) A placement co-ordinator shall not provide the information and request referred to in subsection 68 (1) to an approved corporation maintaining and operating an approved charitable home for the aged selected by an applicant if, at that point in time, the total number of approved charitable homes for the aged, nursing homes under the Nursing Homes Act and homes under the Homes for the Aged and Rest Homes Act, which have approved or are considering the applicant’s admission, is three or more.

(2) If, at a later point in time, the total number of approved charitable homes for the aged, nursing homes under the Nursing Homes Act and homes under the Homes for the Aged and Rest Homes Act, which have approved or are considering the applicant’s admission, is less than three, the placement co-ordinator may then provide the information and request referred to in subsection 68 (1) to an approved corporation maintaining and operating another approved charitable home for the aged selected by the applicant so long as, at any point in time, the total number of approved charitable homes for the aged, nursing homes under the Nursing Homes Act and homes under the Homes for the Aged and Rest Homes Act, which have approved or are considering the applicant’s admission, does not exceed three.

(3) This section does not apply to a person who will be placed in category 1A or the short-stay category on the waiting list for the approved charitable home for the aged if the approved corporation approves his or her admission to the home.

10. Subsection 69 (1) of the Regulation is amended by adding “Subject to section 69.1” at the beginning.

11. The Regulation is amended by adding the following section:

69.1 (1) Sections 68 and 69 do not apply to a related temporary approved charitable home for the aged, a re-opened approved charitable home for the aged or a replacement approved charitable home for the aged.

(2) The approved corporation maintaining and operating a related temporary approved charitable home for the aged, a re-opened approved charitable home for the aged or a replacement approved charitable home for the aged shall be deemed to approve the admission to the home as a long-stay resident of any person who is a long-stay resident of the original approved charitable home for the aged or was a long-stay resident of the original approved charitable home for the aged immediately before the closure of his or her bed in the home.

12. (1) Subsection 70 (2) of the Regulation is amended by striking out “83” and substituting “81”.

(2) Section 70 of the Regulation is amended by adding the following subsection:

(3) Each placement co-ordinator shall also keep a refusal list for the purposes of section 72.

13. Sections 71 to 83 of the Regulation are revoked and the following substituted:

71. (1) The placement co-ordinator designated for an approved charitable home for the aged under subsection 9.6 (3) of the Act shall place a person on the waiting list for the home if, and only if,

(a) the person is determined by a placement co-ordinator to be eligible for admission to an approved charitable home for the aged;

(b) the person applies in accordance with this Regulation for authorization of his or her admission to the home;

(d) placing the person on the waiting list for the home will not result in the total number of waiting lists for approved charitable homes for the aged, nursing homes under the Nursing Homes Act and homes under the Homes for the Aged and Rest Homes Act on which the person is placed exceeding three.

(2) Clause (1) (d) does not apply to a person who will be placed in category 1A or the short-stay category on the waiting list.

72. (1) A person shall be removed from the waiting list for each approved charitable home for the aged to which the person is awaiting admission as a long-stay resident and shall be placed on the refusal list if,

(a) the person,

(i) is a long-stay resident of another approved charitable home for the aged, a nursing home under the Nursing Homes Act or a home under the Homes for the Aged and Rest Homes Act, or

(ii) is not described in subclause (i) and does not occupy a bed in,

(A) a hospital under the Public Hospitals Act or a private hospital licensed under the Private Hospitals Act,

(B) a facility that is designated as a psychiatric facility under section 80.2 of the Mental Health Act and that is not exempt under that section from the requirement to provide in-patient services in paragraph 1 of subsection 4 (1) of Regulation 741 of the Revised Regulations of Ontario, 1990 made under that Act, or

(C) a facility listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under the Developmental Services Act; and

(b) a placement co-ordinator offers to authorize the person’s admission to an approved charitable home for the aged, a nursing home under the Nursing Homes Act or a home under the Homes for the Aged and Rest Homes Act as a long-stay resident, and the person,

(i) refuses to consent to admission,

(ii) refuses to enter into the written agreement mentioned in clause 86 (1) (e) of this Regulation, clause 155 (1) (e) of Regulation 832 of the Revised Regulations of Ontario, 1990 made under the Nursing Homes Act or clause 12.21 (1) (e) of Regulation 637 of the Revised Regulations of Ontario, 1990 made under the Homes for the Aged and Rest Homes Act, as applicable, or

(iii) fails to move into the facility on or before the fifth day following the day on which he or she is informed of the availability of accommodation.

(2) Subsection (1) does not apply if the reason the person acts in the manner described in subclause (1) (b) (i), (ii) or (iii) is that the person has a short-term illness or injury which,

(a) prevents the person from moving into the facility at that time; or

(b) would make moving into the facility at that time detrimental to the person’s health.

(3) If a person described in subclause (1) (a) (i) is removed from the waiting list for an approved charitable home for the aged under subsection (1), the person shall be placed on the waiting list for the home again to await admission as a long-stay resident if,

(a) the person provides to the placement co-ordinator designated for the home under subsection 9.6 (3) of the Act a new written request for authorization of his or her admission to the home as a long-stay resident; and

(b) placing the person on the waiting list for the home will not result in the total number of waiting lists for approved charitable homes for the aged, nursing homes under the Nursing Homes Act and homes under the Homes for the Aged and Rest Homes Act on which the person is placed exceeding three.

(4) If a person described in subclause (1) (a) (ii) is removed from the waiting list for an approved charitable home for the aged under subsection (1), the person shall be placed on the waiting list for the home again to await admission as a long-stay resident if,

(i) the request is provided 24 weeks or more after the day the person was removed from the waiting list, or

(ii) the request is provided less than 24 weeks after the day the person was removed from the waiting list but there has been a deterioration in the person’s condition or circumstances; and

(5) Clause (4) (b) does not apply to a person who will be placed in category 1A on the waiting list for the home.

72.1 (1) A person may be removed from the waiting list for an approved charitable home for the aged to which the person is awaiting admission as a short-stay resident if the placement co-ordinator designated for the home under subsection 9.6 (3) of the Act offers to authorize the person’s admission to the home and the person,

(a) refuses to consent to admission; or

(b) fails to move into the home on the day agreed to by the person.

(2) A person who is removed from the waiting list for an approved charitable home for the aged under subsection (1) shall be placed on the waiting list for the home again to await admission as a short-stay resident if the person provides to the placement co-ordinator designated for the home under subsection 9.6 (3) of the Act a new written request for authorization of his or her admission to the home as a short-stay resident.

Placement into Categories on Waiting List

73. Sections 74 to 79.4 apply only to persons who meet the requirements of section 71 or subsection 72 (3) or (4) or 72.1 (2) for placement on a waiting list.

74. (1) A person shall be placed in category 1A on the waiting list for an approved charitable home for the aged if the person requires immediate admission as a result of a crisis arising from the person’s condition or circumstances.

(2) A person shall be placed in category 1A on the waiting list for an approved charitable home for the aged if,

(a) the person occupies a bed in,

(i) a hospital under the Public Hospitals Act or a private hospital licensed under the Private Hospitals Act,

(ii) a facility that is designated as a psychiatric facility under section 80.2 of the Mental Health Act and is not exempt under that section from the requirement to provide in-patient services in paragraph 1 of subsection 4 (1) of Regulation 741 of the Revised Regulations of Ontario, 1990 made under that Act, or

(iii) a facility listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under the Developmental Services Act; and

(b) there will be no bed for the person in the hospital or facility within six weeks as a result of,

(i) a permanent closure of all or some of the beds in the hospital or facility, or

(ii) a temporary closure of all or some of the beds in the hospital or facility due to an emergency or redevelopment.

(3) A person shall be placed in category 1A on the waiting list for an approved charitable home for the aged if,

(a) the person is a long-stay resident of another approved charitable home for the aged, a nursing home under the Nursing Homes Act or a home under the Homes for the Aged and Rest Homes Act; and

(b) there will be no bed for the person in the facility within six weeks as a result of a permanent or temporary closure of all or some of the beds in the facility.

75. A person shall be placed in category 1B on the waiting list for an approved charitable home for the aged if,

(a) the person does not meet the requirements for placement in category 1A;

(b) the home is primarily engaged in serving the interests of persons of a particular religion, ethnic origin or linguistic origin; and

76. (1) A person shall be placed in category 2 on the waiting list for an approved charitable home for the aged if,

(a) the person does not meet the requirements for placement in category 1A or 1B; and

(b) the person occupies a bed in,

(i) a hospital under the Public Hospitals Act or a private hospital licensed under the Private Hospitals Act,

(iii) a facility listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under the Developmental Services Act.

(2) A person shall be placed in category 2 on the waiting list for an approved charitable home for the aged if,

(a) the person does not meet the requirements for placement in category 1A or 1B;

(b) the person is a long-stay resident of another approved charitable home for the aged, a nursing home under the Nursing Homes Act or a home under the Homes for the Aged and Rest Homes Act; and

(c) there will be no bed for the person in the facility within 16 weeks as a result of a permanent or temporary closure of all or some of the beds in the facility.

(3) A person shall be placed in category 2 on the waiting list for an approved charitable home for the aged if,

(a) the person does not meet the requirements for placement in category 1A or 1B;

(b) the person was or is a long-stay resident of another approved charitable home for the aged, a nursing home under the Nursing Homes Act or a home under the Homes for the Aged and Rest Homes Act; and

(i) because the facility cannot provide a sufficiently secure environment to ensure the safety of that person or the safety of persons who come into contact with that person, or

(ii) because of an absence for the purpose of receiving medical or psychiatric care or undergoing medical or psychiatric assessment.

(4) A person shall be placed in category 2 on the waiting list for an approved charitable home for the aged if,

(a) the person does not meet the requirements for placement in category 1A or 1B; and

(b) the person requires admission within three months because,

(i) should there be any change in the person’s condition or circumstances, the person would require immediate admission as a result of a crisis arising from the person’s condition or circumstances, or

(ii) attending to the person’s care needs is jeopardizing the health and well-being of the person’s caregiver.

(5) A person shall be placed in category 2 on the waiting list for an approved charitable home for the aged if,

(a) the person does not meet the requirements for placement in category 1A or 1B; and

(b) the person’s spouse or partner is a long-stay resident of the approved charitable home for the aged or neither the person nor his or her spouse or partner is a long-stay resident of the approved charitable home for the aged but both wish to reside in the approved charitable home for the aged.

(6) If a person applies for authorization of his or her admission to an approved charitable home for the aged, a home under the Homes for the Aged and Rest Homes Act or a nursing home under the Nursing Homes Act as a long-stay resident and a placement co-ordinator, with the consent of the person, authorizes the person’s admission to a facility that is not the person’s first choice, the person shall, if he or she wishes, be kept on the waiting lists for the person’s preferred approved charitable homes for the aged and shall be placed in category 2.

77. Despite sections 74 to 76, a person shall be placed in the veteran category on the waiting list for an approved charitable home for the aged if,

(a) the home contains veterans’ priority access beds;

(b) the person has applied for authorization of his or her admission to a veteran’s priority access bed; and

78. Despite sections 74 to 76, a person shall be placed in the exchange category on the waiting list for an approved charitable home for the aged if,

(a) the person,

(i) occupies a bed in a hospital under the Public Hospitals Act or a private hospital licensed under the Private Hospitals Act,

(ii) occupies a bed in a facility that is designated as a psychiatric facility under section 80.2 of the Mental Health Act and is not exempt under that section from the requirement to provide in-patient services in paragraph 1 of subsection 4 (1) of Regulation 741 of the Revised Regulations of Ontario, 1990 made under that Act,

(iii) occupies a bed in a facility listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under the Developmental Services Act, or

(iv) is a long-stay resident of another approved charitable home for the aged, a nursing home under the Nursing Homes Act or a home under the Homes for the Aged and Rest Homes Act;

(b) the person is the subject of an agreement between the approved charitable home for the aged to which the person seeks admission, at least one hospital or facility mentioned in subclause (a) (i), (ii) or (iii) and possibly one or more other hospitals, facilities or homes, to exchange identified residents or patients, in order to meet the specialized requirements of any of the exchanged residents or patients; and

(c) the result of the exchange will be that the person will become a resident of the approved charitable home for the aged to which the person seeks admission and a resident of the approved charitable home for the aged will be discharged.

79. Despite sections 74 to 76 and section 78 but subject to section 77, a person shall be placed in the related temporary approved charitable home for the aged category on the waiting list for an approved charitable home for the aged if,

(a) the approved charitable home for the aged is or will be a related temporary approved charitable home for the aged; and

(b) the person is a long-stay resident of the original approved charitable home for the aged or was a long-stay resident of the original approved charitable home for the aged immediately before the closure of his or her bed in the home.

79.1 Despite sections 74 to 76 and section 78 but subject to section 77, a person shall be placed in the re-opened approved charitable home for the aged category on the waiting list for an approved charitable home for the aged if,

(a) the approved charitable home for the aged is or will be a re‑opened approved charitable home for the aged; and

79.2 Despite sections 74 to 76 and section 78 but subject to section 77, a person shall be placed in the replacement approved charitable home for the aged category on the waiting list for an approved charitable home for the aged if,

(a) the approved charitable home for the aged is or will be a replacement approved charitable home for the aged; and

79.3 A person shall be placed in category 3 on the waiting list for an approved charitable home for the aged if the person does not meet the requirements for placement in any other category.

79.4 (1) Sections 74 to 79.3 do not apply to a person applying for authorization of admission to an approved charitable home for the aged as a short-stay resident in the respite care or supportive care program.

(2) A person referred to in subsection (1) shall be placed in the short-stay category on the waiting list for the approved charitable home for the aged.

Ranking of Categories

80. For each class of beds set out in a column of Table 5, the categories on the waiting list shall be ranked in the order set out in the rows below that class of beds, such that a category mentioned in a higher row ranks ahead of a category mentioned in a lower row.

Ranking Within Categories

81. (1) Within a waiting list category set out in Column 1 of Table 6, persons shall be ranked for admission in accordance with the rules set out opposite the category in Column 2 of Table 6.

(2) If, within six weeks after making his or her first application for authorization of admission to one or more approved charitable homes for the aged, nursing homes under the Nursing Homes Act or homes under the Homes for the Aged and Rest Homes Act as a long-stay resident, and before being admitted to one of such facilities, a person makes one or more additional applications for authorization of his or her admission to one or more approved charitable homes for the aged as a long-stay resident, the additional applications made within the six-week period shall, for the purpose of Table 6, be deemed to have been made at the time that the first application was made.

(3) If a person who was determined by a placement co-ordinator to be ineligible for admission to an approved charitable home for the aged as a long-stay resident is determined to be eligible for admission as a long-stay resident as a result of an application to the Appeal Board under subsection 9.10 (2) of the Act or an appeal to the Divisional Court under subsection 9.13 (1) of the Act, and if the person then makes an application for authorization of his or her admission to one or more approved charitable homes for the aged, homes under the Homes for the Aged and Rest Homes Act or nursing homes under the Nursing Homes Act as a long-stay resident,

(a) that application for authorization shall, for the purposes of Table 6, be deemed to have been made at the time that the placement co-ordinator determined that the person was ineligible for admission; and

(b) all additional applications for authorization of admission to one or more approved charitable homes for the aged as a long-stay resident, made by the person within six weeks after making the first application and before being admitted to one of such facilities shall, for the purpose of Table 6, be deemed to have been made at the time that the first application is deemed under clause (a) to have been made.

(4) Despite subsection (2), if a person provides to the placement co-ordinator designated for an approved charitable home for the aged under subsection 9.6 (3) of the Act a new request for authorization of admission to the home under subsection 72 (3) or (4) or 72.1 (2), the person shall, for the purpose of Table 6, be deemed to have applied for authorization of admission to the home at the time of the provision of the new request.

14. (1) Subsection 84 (1) of the Regulation is amended by striking out “an approved charitable home” and substituting “an approved charitable home for the aged”.

(2) Subsection 84 (2) of the Regulation is revoked.

(3) Subsection 84 (4) of the Regulation is amended by inserting “for the aged” after “an approved charitable home” in the portion before clause (a).

(4) Clause 84 (4) (a) of the Regulation is amended by striking out “or subsection 72 (3)” at the end.

(5) Clause 84 (4) (d) of the Regulation is amended by striking out “an approved charitable home” at the end and substituting “the approved charitable home for the aged”.

(6) Subsection 84 (5) of the Regulation is revoked and the following substituted:

(5) Persons on a waiting list for interim beds for an approved charitable home for the aged shall be ranked for admission according to the time at which they applied for authorization of their admission to an interim bed in that home.

(6) Subsections 81 (2) and (3) apply with necessary modifications to the ranking of persons on a waiting list for interim beds for an approved charitable home for the aged.

15. (1) Section 85 of the Regulation is amended by striking out “79” and substituting “79.4”.

(2) Section 85 of the Regulation is amended by adding the following subsection:

(2) If a person who is on the waiting list for an approved charitable home for the aged should be placed in a different category on the waiting list as a result of amendments made to this Regulation by Ontario Regulation 119/02, the placement co-ordinator keeping the waiting list shall place the person in the different category.

16. (1) Subsection 86 (1) of the Regulation is amended by striking out “Subject to section 88” at the beginning and substituting “Subject to section 87”.

(2) Clauses 86 (1) (c), (d), (e) and (f) of the Regulation are revoked and the following substituted:

(d) there is no one on the waiting list for the home who is recorded to be waiting for the class of accommodation that is available, who ranks ahead of the person, and whose admission may be authorized under this section; and

(e) in the case of a person who is applying for authorization of his or her admission to the home as a long-stay resident, the person agrees in writing with the approved corporation maintaining and operating the home that,

(i) the person will move into the home before noon of the fifth day following the day on which he or she is informed of the availability of accommodation in the home,

(ii) if the person moves into the home before noon of the fifth day following the day on which he or she is informed of the availability of accommodation in the home, the person will pay,

(A) for each day following the day on which the person is informed of the availability of accommodation in the home and preceding the day on which the person moves into the home, the amount that the approved corporation would have charged him or her for accommodation for that day had he or she been a long-stay resident lodged in the available accommodation on that day, and

(B) if the person moves into the home on or after the third day following the day on which he or she is informed of the availability of accommodation in the home, the daily bed-holding amount as determined under section 47 for each day from and including the second day following the day on which the person is informed of the availability of accommodation in the home and preceding the day on which the person moves into the home, and

(iii) if the person does not move into the home before noon of the fifth day following the day on which he or she is informed of the availability of accommodation in the home, the person will pay,

(A) for each of the five days following the day on which the person is informed of the availability of accommodation in the home, the amount that the approved corporation would have charged him or her for accommodation for that day had he or she been a long-stay resident lodged in the available accommodation on that day, and

(B) for each of the second, third, fourth and fifth days following the day on which the person is informed of the availability of accommodation in the home, the daily bed-holding amount as determined under section 47.

(3) Subsection 86 (2) of the Regulation is revoked and the following substituted:

(2) For the purposes of clauses (1) (c) and (d), the following are the classes of accommodation for which a person may be recorded to be waiting:

1. Accommodation for a woman in a respite care or supportive care program.

2. Accommodation for a man in a respite care or supportive care program.

3. Basic accommodation for a woman other than in a respite care or supportive care program.

4. Basic accommodation for a man other than in a respite care or supportive care program.

5. Semi-private accommodation for a woman other than in a respite care or supportive care program.

6. Semi-private accommodation for a man other than in a respite care or supportive care program.

7. Private accommodation for a woman other than in a respite care or supportive care program.

8. Private accommodation for a man other than in a respite care or supportive care program.

(4) Subsection 86 (2.2) of the Regulation is revoked.

(5) Subsection 86 (3) of the Regulation is amended by striking out “third” and substituting “fifth”.

(6) Section 86 of the Regulation is amended by adding the following subsection:

(5) An approved corporation maintaining and operating an approved charitable home for the aged shall inform the placement co‑ordinator designated for the home under subsection 9.6 (3) of the Act of available accommodation in the home within 24 hours after the accommodation becomes available.

17. Clause 87 (b) of the Regulation is amended by striking out “category 1” and substituting “category 1A”.

18. Subsection 89 (1) of the Regulation is revoked and the following substituted:

(1) An approved corporation maintaining and operating an approved charitable home for the aged shall keep a transfer list consisting of,

(a) the names of the residents of the home who are requesting a transfer from preferred accommodation in the home to basic accommodation in the home; and

(b) the names of the residents of the home who are requesting a transfer from private accommodation in the home to semi-private accommodation in the home.

19. The Regulation is amended by adding the following section:

Closing of an Approved Charitable Home for the Aged

90. (1) If an approved corporation maintaining and operating an approved charitable home for the aged intends to close all or some of the beds in the home permanently or temporarily, the approved corporation shall, no later than 16 weeks before the date of the closure, give written notice of that intention to,

(a) the Director;

(b) the administrator of the home;

(d) each resident who will be affected by the closure and the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care.

(2) Forthwith after receiving a notice under subsection (1), the placement co-ordinator shall contact each resident who will be affected by the closure and the person who is lawfully authorized to make a decision on behalf of the resident concerning the resident’s personal care, in order to begin the process of authorizing the resident’s admission to another approved charitable home for the aged, a nursing home under the Nursing Homes Act or a home under the Homes for the Aged and Rest Homes Act.

20. The heading to Table 2 of the Regulation is revoked and the following substituted:

TABLE 2
SUBSIDY CALCULATION WORKSHEET

21. The heading to Table 4 of the Regulation is revoked and the following substituted:

TABLE 4
RESIDENT PAYMENTS

22. The Regulation is amended by adding the following Tables:

TABLE 5
RANKING OF WAITING LIST CATEGORIES

	Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Class of Beds	Beds in a related temporary approved charitable home for the aged, other than veterans’ priority access beds	Beds in a re‑opened approved charitable home for the aged, other than veterans’ priority access beds	Beds in a replacement approved charitable home for the aged, other than veterans’ priority access beds	Veterans’ priority access beds in an approved charitable home for the aged, other than a related temporary, re‑opened or replacement approved charitable home for the aged	Veterans’ priority access beds in a related temporary, re‑opened or replacement approved charitable home for the aged	All other beds in an approved charitable home for the aged
Waiting List Categories	Related temporary	Re-opened	Replacement	Veteran	Veteran	Exchange
	Exchange	Exchange	Exchange	Exchange	Related temporary, re‑opened or replacement, as applicable	1A
	1A	1A	1A	1A	Exchange	1B
	1B	1B	1B	1B	1A	2
	2	2	2	2	1B	3
	3	3	3	3	2
					3

TABLE 6

rULES FOR RANKING WITHIN CATEGORIES

Item	Column 1	Column 2
Item	Category	Rules
1.	Related temporary, re-opened and replacement approved charitable home for the aged	Persons shall be ranked according to the date of their admission to the original approved charitable home for the aged.
2.	Veteran	(a) Veterans who require immediate admission as a result of a crisis arising from their condition or circumstances shall rank ahead of all other veterans. (b) As among themselves, veterans who require immediate admission as a result of a crisis arising from their condition or circumstances shall be ranked according to the urgency of their need for admission. (c) Veterans who do not require immediate admission as a result of a crisis arising from their condition or circumstances but are continuum of care applicants on the waiting list for the continuum of care approved charitable home for the aged shall rank ahead of all other veterans who do not require immediate admission as a result of a crisis arising from their condition or circumstances. (d) As among themselves, veterans who do not require immediate admission as a result of a crisis arising from their condition or circumstances but are continuum of care applicants shall be ranked according to the time at which they applied for authorization of their admission to the approved charitable home for the aged. (e) As among themselves, veterans who do not require immediate admission as a result of a crisis arising from their condition or circumstances and are not continuum of care applicants shall be ranked according to the time at which they applied for authorization of their admission to the approved charitable home for the aged.
3.	1A	Persons shall be ranked according to the urgency of their need for admission.
4.	All categories, other than those in items 1, 2, 3 and 5	(a) Persons who are continuum of care applicants on the waiting list for the continuum of care approved charitable home for the aged shall rank ahead of all other persons in the same category. (b) As among themselves, persons in the same category who are continuum of care applicants shall be ranked according to the time at which they applied for authorization of their admission to the approved charitable home for the aged. (c) As among themselves, persons in the same category who are not continuum of care applicants shall be ranked according to the time at which they applied for authorization of their admission to the approved charitable home for the aged.
5.	Short-stay	Persons shall be ranked according to the time at which they applied for authorization of their admission to the approved charitable home for the aged.

23. This Regulation comes into force on May 1, 2002.

15/02

O. Reg. 119/02: GENERAL

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