Admission to a Care Home (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-10-04
CLNP Page ID:	2418
Page Categories:	[Care Homes (LTB)], [Substitute Decision Makers]
Citation:	Admission to a Care Home (LTB), CLNP 2418, <https://rvt.link/dd>, retrieved on 2024-10-04
Editor:	Sharvey
Last Updated:	2024/10/04

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Homes for Special Care Act, R.S.O. 1990, c. H.12

1 In this Act,

“home for special care” means a home for the care of persons requiring nursing, residential or sheltered care; (“foyer de soins spéciaux”)

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7 The Lieutenant Governor in Council may make regulations with respect to homes for special care for,

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(e) the admission, treatment, care, conduct, control, custody and discharge of residents or of any class of residents;

Health Care Consent Act, 1996

20 (1) If a person is incapable with respect to a treatment, consent may be given or refused on his or her behalf by a person described in one of the following paragraphs:

1. The incapable person’s guardian of the person, if the guardian has authority to give or refuse consent to the treatment.

2. The incapable person’s attorney for personal care, if the power of attorney confers authority to give or refuse consent to the treatment.

3. The incapable person’s representative appointed by the Board under section 33, if the representative has authority to give or refuse consent to the treatment.

4. The incapable person’s spouse or partner.

5. A child or parent of the incapable person, or a children’s aid society or other person who is lawfully entitled to give or refuse consent to the treatment in the place of the parent. This paragraph does not include a parent who has only a right of access. If a children’s aid society or other person is lawfully entitled to give or refuse consent to the treatment in the place of the parent, this paragraph does not include the parent.

6. A parent of the incapable person who has only a right of access.

7. A brother or sister of the incapable person.

8. Any other relative of the incapable person. 1996, c. 2, Sched. A, s. 20 (1); 2016, c. 23, s. 51 (1); 2021, c. 4, Sched. 11, s. 14 (1, 2).

(2) A person described in subsection (1) may give or refuse consent only if he or she,

(a) is capable with respect to the treatment;

(b) is at least 16 years old, unless he or she is the incapable person’s parent;

(c) is not prohibited by court order or separation agreement from having access to the incapable person or giving or refusing consent on his or her behalf;

(d) is available; and

(e) is willing to assume the responsibility of giving or refusing consent. 1996, c. 2, Sched. A, s. 20 (2); 2021, c. 4, Sched. 11, s. 14 (3).

(3) A person described in a paragraph of subsection (1) may give or refuse consent only if no person described in an earlier paragraph meets the requirements of subsection (2). 1996, c. 2, Sched. A, s. 20 (3).

(4) Despite subsection (3), a person described in a paragraph of subsection (1) who is present or has otherwise been contacted may give or refuse consent if he or she believes that no other person described in an earlier paragraph or the same paragraph exists, or that although such a person exists, the person is not a person described in paragraph 1, 2 or 3 and would not object to him or her making the decision. 1996, c. 2, Sched. A, s. 20 (4).

(5) If no person described in subsection (1) meets the requirements of subsection (2), the Public Guardian and Trustee shall make the decision to give or refuse consent. 1996, c. 2, Sched. A, s. 20 (5).

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41 Section 20 applies, with necessary modifications, for the purpose of determining who is authorized to give or refuse consent to admission to a care facility on behalf of a person who is incapable with respect to the admission. 1996, c. 2, Sched. A, s. 41.

R.R.O. 1990, Reg. 636: GENERAL: under Homes for Special Care Act, R.S.O. 1990, c. H.12

1. In this Regulation,

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“trustee” means the Public Guardian and Trustee, a guardian of property duly appointed under the Substitute Decisions Act, 1992, an attorney under a continuing power of attorney, a trustee duly appointed under a statute, a will or other instrument. R.R.O. 1990, Reg. 636, s. 1; O. Reg. 376/93, s. 1; O. Reg. 66/00, s. 1; O. Reg. 651/00, s. 1; O. Reg. 329/05, s. 1.

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26. The administrator of a home for special care shall,

(a) deposit all money received from any resident of the home or from any trustee acting on behalf of such resident in a non-interest bearing account in a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada) or in a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020;

(b) provide a resident, or a trustee acting on behalf of a resident, with a written receipt for all money received for deposit in the trust account to the credit of such resident;

(c) maintain a separate book of account showing all deposits to and withdrawals from the trust account, the name of the resident for whom such deposit or withdrawal is made and the date of each deposit or withdrawal;

(d) in those instances where money received from a resident has been deposited in the trust account, make part or all of the money available to such resident upon the resident providing a written receipt therefor;

(e) in those instances where money received from a trustee on behalf of a resident has been deposited in the trust account, make part or all of the money available to such resident only in accordance with the written instructions of the trustee;

(f) with respect to each resident on whose behalf money is deposited in the trust account to the credit of such resident, retain in possession for a period of not less than six years,

(i) the deposit books, deposit slips, passbooks, monthly statements, cheque books and cancelled cheques applicable to the trust account referred to in clause (a),

(ii) the book of account referred to in clause (c),

(iii) the written receipts referred to in clause (d), and

(iv) the written instructions of the trustee referred to in clause (e), and at any time and from time to time on written demand of a resident, or his or her authorized agent, or a trustee acting on behalf of a resident, or such trustee’s authorized agent make the foregoing documentation available for inspection at reasonable hours during any business day;

(g) retain every record required to be kept under clause (c) for a period of six years from the date of the making of the record. R.R.O. 1990, Reg. 636, s. 26; O. Reg. 651/00, s. 8; O. Reg. 574/17, s. 1; O. Reg. 135/22, s. 1.

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33. A person with a serious mental illness may be admitted to a home for special care upon his or her application, the application of a guardian of the person duly appointed under the Substitute Decisions Act, 1992, the application of a person acting under a valid power of attorney for personal care or the application of a lawfully authorized substitute decision-maker, if, immediately before the admission, the person has been assessed and considered eligible for placement by a member of the staff of an organization with whose board the Minister has entered into an arrangement under section 42. O. Reg. 176/12, s. 1.

Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008

13 (1) A person with a developmental disability who wishes to receive services and supports from a service agency or direct funding for services and supports under this Act, or both, may submit an application for such services and supports or for such funding to the application entity designated for the geographical area in which the person resides. 2008, c. 14, s. 13 (1).

(2) An application under subsection (1) may be made on behalf of a person with a developmental disability, by a member of the person’s family, by the person’s caregiver or by any other person. 2008, c. 14, s. 13 (2).

(3) An application under subsection (1) may specify that the application is for,

(a) services and supports provided by service agencies under this Act;

(b) direct funding for services and supports; or

(c) a combination of some services and supports from service agencies and some direct funding. 2008, c. 14, s. 13 (3).

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22 A service agency shall comply with any prescribed requirements with respect to the operation of the agency, including any requirements relating to the composition of its board of directors, if any, the agency’s by-laws or the qualifications of any employees of the agency or of any other persons who provide services and supports on behalf of the agency. 2008, c. 14, s. 22.

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38 The Lieutenant Governor in Council may make regulations,

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(h) governing applications for services and supports or for funding made by or on behalf of persons with developmental disabilities under Part V, including determinations of eligibility for such services and supports and funding and prioritization for services and supports and funding;

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(l) governing the provision of services and supports by service agencies to, or for the benefit of, persons with developmental disabilities, including the provision of residential services and supports;