9(2)When a resident is unable on their own to vacate a nursing home as required under subsection (1), the next of kin or legal representative of the resident shall assist the resident in doing so.

17.1(1)No operator shall discharge a resident unless the operator gives notice at least 30 days before the date of discharge to the following persons:

17.1(2)Despite subsection (1), if the operator believes on reasonable grounds that the immediate discharge of the resident is necessary for the safety of the resident or of other residents or staff, the operator may give notice immediately before the resident is discharged.

28.1(1)A person who becomes a resident of a nursing home due to personal injuries suffered as a result of the negligence or wrongful act of another person may make a claim against that person for their losses and injuries, in which case they shall attempt to recover the amount of assistance provided to them by the Minister under section 23.

28.1(2)A person referred to in subsection (1) who suffered personal injuries and who recovers the amount or a portion of the amount of assistance provided to them by the Minister under section 23 shall remit the amount to the Minister without delay.

28.1(3)The Crown in right of the Province may make a claim in its own name or in the name of the person referred to in subsection (1) who suffered personal injuries for recovery of the amount of assistance provided by the Minister under section 23.

28.1(4)The fact that a release has been given, a claim has been settled or a judgment has been obtained shall not discharge the liability of the person who was negligent or who carried out the wrongful act for the amount of assistance provided by the Minister under section 23 unless the person referred to in subsection (1) who suffered personal injuries or the Crown in right of the Province attempted to recover or recovered the amount or a portion of the amount of that assistance.

28.1(5)If a settlement of a claim or a judgment does not provide complete recovery to the person referred to in subsection (1) who suffered personal injuries for their losses and injuries and to the Crown in right of the Province for the amount of assistance provided to them by the Minister under section 23, the two parties shall share pro rata in proportion to their respective losses the amount recovered.

28.1(6)No release or settlement of a claim is binding on the Crown in right of the Province unless the Minister has approved the release or settlement in writing.

28.1(7)If the person who was negligent or who carried out the wrongful act is insured and the person referred to in subsection (1) who suffered personal injuries makes a claim without attempting to recover the amount of assistance provided to them under section 23, the insurer shall pay to the Minister the amount of assistance and payment shall discharge the liability of the insurer to pay that amount to the insured person in any subsequent claim.

28.1(8)In an action commenced under this section, a certificate signed by or purporting to be signed by the Minister or a designate of the Minister is admissible in evidence in any court and is proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the appointment, authority or signature of the Minister or designate.

28.1(9)Despite any other provision of this Act, the Minister may authorize the payment of a fee to a barrister and solicitor who makes a claim on behalf of a person referred to in subsection (1) who suffered personal injuries and who recovers the amount or a portion of the amount of assistance provided to them by the Minister under section 23.