1 1 RESIDENTIAL SERVICES BILL No. 145

An Act respecting Facilities that Provide Certain Residential Services and to make Consequential Amendments to Other Acts TABLE OF CONTENTS

PART 1 Title and

Interpretation 1

Short title 2

Definitions and

interpretation

PART 2 Licensing 3 Licence required 4 Issuance of licence 5 Conditional licence 6 Licence not transferable 7 Amendment, suspension or cancellation 8 Review respecting decisions

PART 3 Enforcement 9 Officers 10 Inspection 11 Warrant 12 Warrant to provide access to an individual 13 Information requested by the minister 14 Copies of records

PART 4 Protection of Residents 15 Definition for

Part 16 Report of abuse 17 Protection for persons who report

PART 5 Taxation 18 Exemption from taxation

PART 6 Appointment of Administrator 19

Interpretation of

Part 20 Appointment of administrator 21 Duties of administrator 22 Powers of administrator 23 Duties of operator 24 Debts or obligations of operator 25 Exemption from certain statutory requirements 26 Exemption from seizure, etc. 27 Approval of accounts

PART 7 Offences and Penalties 28 Offence 29 Injunction

PART 8 General 30 Exemption 31 Powers of minister 32 Immunity 33 Regulations

PART 9 Repeal and Transitional 34 SS 1984-85-86, c R-21.2 repealed 35 Transitional

PART 10 Consequential Amendments 36 SS 1999, c C-4.01 amended 37 SS 1996, c E-6.01,

section 2 amended 38 SS 1999, c F-23.3 amended 39 SS 1999, c H-0.021,

section 56 amended 40 SS 2015, c L-30.11,

section 2 amended 41 SS 1989-90, c P-6.01,

section 2 amended

PART 11 Coming into Force 42 Coming into force

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PART 1 Title and

Interpretation

Short title 1 This Act may be cited as The Residential Services Act, 2018.

Definitions and

interpretation 2(1) In this Act: “administrator” means an administrator appointed pursuant to

section 20; “care facility” means a prescribed category of home or facility that provides support services; “licence” means a licence issued pursuant to

section 4; “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; “ministry” means the ministry over which the minister presides; “operator” means, except as otherwise provided, a person who has been issued a licence and operates a care facility under that licence; “prescribed” means prescribed in the regulations; “resident” means a person who resides in a care facility; “support services” means: (

a) accommodation; (

b) supervision; (

c) assistance with personal care; (

d) special programming to assist residents who are in need of those services; and (

e) any other prescribed programming, service or support.

(2) A care facility does not include the following: (

a) a facility as defined in The Child Care Act, 2014; (

b) a mental health approved home as defined in The Mental Health Services Act; (

c) facilities designated as special-care homes pursuant to The Facility Designation Regulations; (

d) a personal care home as defined in The Personal Care Homes Act; (

e) other homes or facilities under the jurisdiction of any other ministry or agency of the Government of Saskatchewan; (

f) any other prescribed home or facility.

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PART 2 Licensing Licence required 3(1) A person may apply to the minister for a licence to operate a care facility.

(2) No person, other than a person who holds a valid licence, shall: (

a) conduct or operate a care facility; or (

b) purport to conduct or operate a care facility.

(3) Every application for a licence shall: (

a) be made in any form approved by the ministry; (

b) include any prescribed fee; and (

c) meet any other prescribed requirements. Issuance of licence 4(1) On receipt of an application to operate a care facility in accordance with

section 3, the minister may issue a licence if the minister is satisfied that: (

a) there is a need for the operation of a care facility of the kind mentioned in the application; (

b) the care facility will be of benefit to persons who may be resident in that facility; (

c) the operation of that care facility is in the public interest; and (

d) the person who made the application and the care facility that is the subject of the application meet any other prescribed requirements.

(2) Subject to the regulations, the minister may issue a licence on any terms and conditions that the minister considers appropriate.

(3) A licence may be issued for a period not exceeding 3 years. Conditional licence 5(1) Subject to subsection (2) and the regulations, if a care facility does not comply with any provision of this Act or the regulations, or any term or condition imposed by the minister, the minister may issue a conditional licence to the care facility, for a period not exceeding 6 months, to allow that care facility to comply with that provision.

(2) No conditional licence is to be issued pursuant to subsection (1) if the immediate health and safety of the residents of the care facility are at risk because of the non- compliance with this Act or the regulations, or any term or condition imposed by the minister. Licence not transferable 6 A licence is not transferable.

RESIDENTIAL SERVICES 4 4 Amendment, suspension or cancellation 7 Subject to the regulations, the minister may amend, suspend or cancel a licence if: (

a) the operator or any employee or agent of the operator contravenes any: (

i) provision of this Act or the regulations; or (ii) term or condition imposed by the minister; or (

b) in the opinion of the minister, the premises with respect to which the licence is issued have become unsuitable for use as a care facility. Review respecting decisions 8(1) Subject to the regulations, any applicant or operator may request that the minister review a decision if that person is aggrieved by a decision of the minister to: (

a) refuse to issue a licence; (

b) impose terms or conditions on a licence; (

c) amend, suspend or cancel a licence; or (

d) exempt a person from the requirement to obtain a licence.

(2) A request for review pursuant to subsection (1) does not stay or otherwise affect the validity of the decision with respect to which the review is requested.

(3) On completing a review, the minister may confirm, reverse or vary the decision with respect to which the review was requested.

PART 3 Enforcement Officers 9 The minister may appoint any persons or category of persons as officers for the purpose of ensuring compliance with, or enforcing or overseeing the enforcement of, this Act and the regulations. Inspection 10(1) Subject to subsection (3), the minister, or a person appointed by the minister for the purpose, may enter any care facility with respect to which a licence is issued and conduct an inspection or inquiry for the purpose of: (

a) ensuring the safety and well-being of residents; or (

b) administering this Act and the regulations.

(2) Every operator shall, at all reasonable times: (

a) cause the care facility to be open for inspection by the minister or person appointed by the minister; and (

b) cause all records relating to the operation of the care facility to be available for inspection, or for the purpose of obtaining copies or extracts, by the minister or person appointed by the minister.

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(3) The minister or person appointed by the minister shall not enter a private dwelling without a warrant issued pursuant to this Part unless the occupant of the dwelling consents to the entry.

(4) No person shall obstruct or prevent any person who is authorized to make an entry pursuant to this

section from entering any premises and carrying out an inspection pursuant to this section. Warrant 11(1) If, on an application without notice by the minister or a person appointed by the minister, a justice or a provincial court judge is satisfied by information under oath or affirmation that there are reasonable grounds to believe that an offence against this Act or the regulations has occurred and that evidence of that offence is likely to be found, the justice or the provincial court judge may issue a warrant to do all or any of the following: (

a) enter and search any place or premises named in the warrant; (

b) stop and search any vehicle named in the warrant; (

c) search and remove from any place, premises or vehicle searched anything that may be evidence of an offence against this Act or the regulations; (

d) carry out any other activities mentioned in subsection (2).

(2) With a warrant issued pursuant to subsection (1), the person named in the warrant may: (

a) enter at any time and search any place or premises named in the warrant; (

b) stop and search any vehicle named in the warrant; (

c) open and examine the contents within any trunk, box, bag, parcel, closet, cupboard or other receptacle that the person finds in the place, premises or vehicle; (

d) require the production of and examine any records or property that the person believes, on reasonable grounds, may contain information related to an offence against this Act or the regulations; (

e) for the purpose of making copies, remove any records examined pursuant to this section; and (

f) seize and remove from any place, premises or vehicle searched anything that may be evidence of an offence against this Act or the regulations.

(3) Subject to subsection (4), the minister or person appointed by the minister may exercise all or any of the powers mentioned in subsection (2) without a warrant if: (

a) the conditions for obtaining a warrant exist; and (

b) the minister or person appointed by the minister has reasonable grounds to believe that the delay necessary to obtain a warrant would result: (

i) in danger to human life or safety; or (ii) in the loss, removal or destruction of evidence.

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(4) The minister or person appointed by the minister shall not enter a private dwelling without a warrant issued pursuant to this

section unless the occupant of the dwelling consents to the entry. Warrant to provide access to an individual 12(1) A justice or a provincial court judge may issue a warrant pursuant to this

section if, on an application without notice by the minister or a person appointed by the minister, the justice or provincial court judge is satisfied by information on oath or affirmation that there are reasonable grounds to believe: (

a) the minister or other person who provided the information on oath or affirmation has been refused access to a resident; (

b) there may be a threat to the resident’s health or safety; and (

c) the resident will be found at the place to be searched.

(2) With a warrant issued pursuant to subsection (1), the person named in the warrant may: (

a) enter, search and examine the place named in the warrant and any connected premises; (

b) assist or examine the resident; (

c) remove the resident from the premises; and (

d) seize and remove anything that may provide evidence of any threat to the resident’s health or safety. Information requested by the minister 13(1) The minister may: (

a) request from an operator any information that the minister may require for the purposes of this Act and the regulations; and (

b) specify the manner in which and time within which that information is to be provided.

(2) No operator shall fail to provide to the minister, in the manner and within the time specified by the minister, any information that the minister requests pursuant to subsection (1). Copies of records 14(1) If any records are removed or provided pursuant to this Part, the minister or person appointed by the minister may make copies of those records.

(2) The minister or person appointed by the minster shall: (

a) make those copies with reasonable dispatch; and (

b) promptly return the originals of the records to: (

i) the place from which they were removed or provided; or (ii) any other place that may be agreed to by the minister or person appointed by the minister and the person who provided the records or from whom they were seized.

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PART 4 Protection of Residents Definition for

Part 15 In this Part, “abuse”, in relation to a resident, inc