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Bill 296, Retirement Home Justice and Accountability Act, 2021

Shaw, Sandy

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Acts affected

Original

Bill 296 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Retirement Homes Act, 2010 to

dissolve the Retirement Homes Regulatory Authority and provide that certain of

its functions will now be performed by the Ministry.

Bill 296 2021

Act to amend the Retirement Homes Act, 2010 to dissolve the Retirement Homes

Regulatory Authority

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

(1) The

definitions of “Authority”, “board”, “memorandum of

understanding” and “Risk Officer” in subsection 2 (1) of the Retirement Homes Act, 2010 are repealed.

(2) The

definition of “Complaints Review Officer” in subsection 2 (1) of the Act is

amended by striking out “of the Authority appointed under

section 25” at the

end and substituting “appointed under

section 14”.

(3) The

definition of “Fund” in subsection 2 (1) of the Act is repealed and the

following substituted:

“Fund”

means the Retirement Homes Emergency Fund continued under subsection 15 (1); (“Fonds”)

(4) The

definition of “Registrar” in subsection 2 (1) of the Act is repealed and the

following substituted:

“Registrar”

means the Registrar appointed under

section 13; (“registrateur”)

Part II of the Act is repealed and the following substituted:

Part

Retirement Homes Regulation

Authority

dissolved

The Retirement

Homes Regulatory Authority is dissolved.

Enforcement

The

Ministry shall ensure that retirement homes are operated in accordance with

this Act and the regulations.

Education

(1) The

Ministry shall educate licensees, consumers and the public about matters

relating to this Act and the regulations, including the requirements applicable

to licensees, the prescribed care and safety standards for retirement homes,

the rights of residents and best practices for the operation of retirement

homes.

Definition

(2) In

this Part,

“consumer”

means a resident, a family member of a resident, a person of importance to a

resident, a representative of a seniors’ organization or an individual who

advocates for seniors.

Advisory

committees continued

All

advisory committees established in accordance with clause 19.1 (

a) of the Act,

as it read on the day before its repeal under

section 2 of the Retirement Homes Amendment Act (Retirement Homes Regulatory

Authority), 2021 , and that remained in existence on that

day are continued.

Registrar

(1) The

Minister shall appoint a Registrar who shall perform the duties assigned to the

Registrar under this Act and in the regulations.

hearing required

(2) Subject

to the regulations, the Registrar is not required to hold a hearing or to

afford a person an opportunity for a hearing before doing anything under this

Act.

Non-application

of Statutory Powers Procedure Act

(3) The

Statutory Powers Procedure Act does not apply to

anything done by the Registrar under this Act.

Deputy

Registrars

(4) The

Minister may appoint a maximum of two Deputy Registrars who shall perform the

duties that the Registrar assigns and shall act as the Registrar in the

Registrar’s absence.

more than one Deputy Registrar

(5) If

more than one Deputy Registrar is appointed, only one Deputy Registrar may act

as the Registrar under subsection (4) at any one time.

Complaints

Review Officer

The

Minister shall appoint a Complaints Review Officer.

Emergency

fund

(1) The

Retirement Homes Regulatory Authority Emergency Fund established under

subsection 27 (1), as it read on the day before its repeal under

section 2 of

the Retirement Homes Amendment Act (Retirement Homes

Regulatory Authority), 2021 , is continued under the name Retirement

retraite in French.

Same

(2) The

Minister shall administer and manage the Fund.

Fees,

etc.

(1) The

Minister may set and charge fees, costs or other charges in relation to the

administration of this Act and the regulations or anything that the Registrar

does under this Act and the regulations.

Exception

(2) The

Minister shall not set or charge any fees, costs or charges payable by a person

for making a complaint described in subsection 83 (1) to the Registrar.

Setting

fees, etc.

(3) In

setting the fees, costs and charges described in subsection (1), the Minister

may specify their amounts or the method for determining the amounts.

Collection

(4) The

Minister may,

(

a) set

the time and manner of payment of the fees, costs and charges charged under

subsection (1); and

(

b) require

the payment of interest and other penalties, including payment of collection

costs, when fees, costs and charges charged under subsection (1) are unpaid or

paid after the due date.

Publication

(5) The

Minister,

(

a) shall

ensure that the fees, costs and charges, the processes and criteria and

anything set or required under subsection (4) are published on a Government of

Ontario website; and

(

b) may

publish anything mentioned in clause (

a) in any other format the Minister

considers advisable.

Section 38 of the Act is amended by striking out “set by the Authority under

section 21” at the end and substituting “set by the Minister under

section 16”.

Paragraph 10 of subsection 51 (1) of the Act is amended by striking out “the

Authority” and substituting “the Ministry”.

Clause 54 (2) (

g) of the Act is amended by striking out “the role of the

Authority” and substituting “the role of the Ministry in regulating retirement

homes”.

Clause 65 (2) (

i) of the Act is repealed and the following substituted:

(

i) all

Acts, regulations, policies of the licensee and similar documents that are

relevant to the person’s duties; and

Subsection 93 (1) of the Act is amended by striking out “the Authority” and

substituting “the Ministry”.

Subsection 94 (3) of the Act is amended by striking out “The Authority” at the

beginning and substituting “The Ministry”.

(1) Clause 98 (1) (

f) of the Act is amended by striking out “under

section 21 or 38” at the end.

(2) Paragraph

7.3 of subsection 98 (2) of the Act is repealed.

Section 107 of the Act is amended by striking out “The Authority” at the

beginning and substituting “The Ministry”.

Subsection 108 (1) of the Act is amended by striking out “processes and

criteria that the Authority establishes and that the Minister approves” in the

portion before clause (

a) and substituting “processes and criteria that the

Minister establishes”.

Section 110 of the Act is repealed.

Subsections 113 (2), (3) and (4) of the Act are repealed.

Section 118 of the Act is amended by striking out “the Authority” and

substituting “the Ministry”.

(1) Subparagraph 32 ii of subsection 121 (1) of the Act is amended

by striking out “the board of the Authority” and substituting “the Ministry”.

(2) Paragraph

33 of subsection 121 (1) of the Act is repealed.

(3) Paragraph

36 of subsection 121 (1) of the Act is repealed and the following substituted:

36. permitting

the Registrar, in specified circumstances, to direct that payments be made from

the Fund to the Ministry for matters relating to the Ministry’s carrying out

its duties or powers or to direct the Ministry to reduce the fees payable by

applicants for a licence or by licensees;

Commencement

This Act comes into force six months after the day it receives Royal Assent.

Short

title

The

short title of this Act is the Retirement Home Justice

and Accountability Act, 2021 .

Date Bill stage Event Outcome Committee

May 31, 2021

Second Reading

Vote

Lost on division

May 31, 2021

Second Reading

Deferred vote

May 31, 2021

Second Reading

Debated

May 19, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

May 19, 2021

Committee

Second Reading

May 31, 2021

Ms. Sandy Shaw, Mrs. Daisy Wai, Mme France Gélinas, Mr. Lorne Coe, Mr. Wayne Gates, Mr. Mike Schreiner, Mrs. Jennifer (Jennie) Stevens

Vote deferred.

May 31, 2021

Lost on recorded division.

Committee

Third Reading

Royal Assent

Acts affected - Bill 296

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Retirement Homes Act, 2010

Legislative Assembly of Ontario

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