Acts and Regulations

N-11 - Nursing Homes Act

Full text
Regulations
29The Lieutenant-Governor in Council may make regulations
(a) respecting the application for and the issuance and renewal of licences, including the terms and conditions to be satisfied by an applicant prior to the issuance of a licence;
(b) respecting terms and conditions to which licences are subject;
(c) respecting the period of time for which a licence is valid;
(d) respecting the services, care, facilities and amenities that nursing homes shall provide and governing and prescribing the staff requirements and duties of staff in respect of the care and services that shall be provided to residents;
(e) respecting the admission of residents to nursing homes;
(f) respecting the assessment and classification of residents for the purpose of determining the level of care required by residents;
(g) respecting amounts that may be charged residents for accommodation including prescribing maximum amounts that may be charged;
(h) regulating or prohibiting charges by nursing homes in respect of any amenity or facility required to be provided;
(i) respecting the construction, establishment, location, safety, equipment, maintenance and repair of nursing homes and of any additions or alterations thereto and respecting the information, plans and other material that are to be furnished to the Director;
(j) respecting the management and operation of nursing homes;
(j.1) respecting the establishment of boards of directors of nursing homes that are operated on a non-profit basis and the selection and appointment of board members and their terms of office, including the maximum number of years that board members may serve;
(j.2) respecting the size and composition of boards of directors of nursing homes that are operated on a non-profit basis;
(j.3) respecting the criteria on which the eligibility of a person to be a member of a board of directors of a nursing home that is operated on a non-profit basis is to be determined;
(j.4) respecting conflicts of interest pertaining to members of boards of directors of nursing homes that are operated on a non-profit basis, including the circumstances that constitute a conflict of interest, the disclosure of a conflict of interest and the manner in which a conflict of interest is to be dealt with;
(j.5) respecting criteria to be considered in the selection and appointment of members of boards of directors of nursing homes that are operated on a non-profit basis;
(k) respecting the officers, staff and employees of nursing homes and prescribing their duties, responsibilities and qualifications for employment;
(l) requiring the bonding of the chief administrators of nursing homes in such form, on such terms and with such collateral security as are prescribed and providing for the forfeiture of bonds and the disposition of the proceeds;
(m) requiring in-service training programs to be provided staff and employees of nursing homes;
(n) instituting a system for budgeting the annual expenditures of nursing homes;
(o) respecting the form and content of books, records and accounts that shall be kept by nursing homes;
(p) respecting the establishment and maintenance of trust accounts for residents;
(q) requiring the accounts of nursing homes to be audited and respecting such audits;
(r) requiring nursing homes to furnish such information or accounts as may be specified;
(s) respecting the reports and returns that shall be made to the Minister by licensees;
(t) respecting treatment, care, conduct, discipline and discharge of residents of nursing homes;
(u) respecting access to resident, medical or drug records by specified persons for specified purposes;
(v) prescribing duties of inspectors;
(w) exempting designated nursing homes from specified provisions of this Act or the regulations;
(x) respecting forms for the purposes of this Act;
(x.1) defining terms used in this Act and not otherwise defined;
(y) respecting interest to be charged on loans made under section 22;
(z) authorizing the Minister to provide financial assistance under section 22 in prescribed circumstances or for prescribed purposes without the approval of the Lieutenant-Governor in Council;
(aa) prescribing the circumstances in which and the purposes for which the Minister may provide financial assistance under section 22 without the approval of the Lieutenant-Governor in Council;
(bb) respecting the manner of making an application for assistance under section 23;
(cc) respecting the information, material or proof of any fact, including evidence under oath, that is to be furnished before assistance is given under section 23;
(dd) respecting the procedure to be followed in the consideration of all information, material and evidence furnished in connection with an application for assistance under section 23;
(ee) respecting the investigation of applications for assistance under section 23 in order to determine the eligibility of applicants;
(ff) providing for the determination or reassessment of the income of an applicant for or recipient of assistance under section 23 and that of his or her spouse or common-law partner;
(ff.1) prescribing contributions to be made by an applicant for or recipient of assistance under section 23 and his or her spouse or common-law partner before assistance is provided or continued under section 23;
(gg) respecting the amount of assistance to be provided under section 23 having regard to varying degrees of need and the circumstances and conditions pertaining thereto;
(hh) respecting the time and manner in which assistance under section 23 is to be given;
(ii) respecting the circumstances or conditions under which assistance under section 23 may be altered or cancelled;
(ii.1) authorizing the Minister to waive part or all of contributions referred to in paragraph (ff.1) and prescribing the circumstances or conditions under which his or her discretion to waive contributions may be exercised;
(jj) respecting the forms to be used for purposes of section 23;
(kk) respecting the procedure to be followed in appealing a decision of the Minister under section 23;
(ll) respecting safeguards governing the disclosure of information concerning recipients of assistance under section 23.
1988, c.69, s.2; 2009, c.12, s.2
Regulations
29The Lieutenant-Governor in Council may make regulations
(a) respecting the application for and the issuance and renewal of licences, including the terms and conditions to be satisfied by an applicant prior to the issuance of a licence;
(b) respecting terms and conditions to which licences are subject;
(c) respecting the period of time for which a licence is valid;
(d) respecting the services, care, facilities and amenities that nursing homes shall provide and governing and prescribing the staff requirements and duties of staff in respect of the care and services that shall be provided to residents;
(e) respecting the admission of residents to nursing homes;
(f) respecting the assessment and classification of residents for the purpose of determining the level of care required by residents;
(g) respecting amounts that may be charged residents for accommodation including prescribing maximum amounts that may be charged;
(h) regulating or prohibiting charges by nursing homes in respect of any amenity or facility required to be provided;
(i) respecting the construction, establishment, location, safety, equipment, maintenance and repair of nursing homes and of any additions or alterations thereto and respecting the information, plans and other material that are to be furnished to the Director;
(j) respecting the management and operation of nursing homes;
(j.1) respecting the establishment of boards of directors of nursing homes that are operated on a non-profit basis and the selection and appointment of board members and their terms of office, including the maximum number of years that board members may serve;
(j.2) respecting the size and composition of boards of directors of nursing homes that are operated on a non-profit basis;
(j.3) respecting the criteria on which the eligibility of a person to be a member of a board of directors of a nursing home that is operated on a non-profit basis is to be determined;
(j.4) respecting conflicts of interest pertaining to members of boards of directors of nursing homes that are operated on a non-profit basis, including the circumstances that constitute a conflict of interest, the disclosure of a conflict of interest and the manner in which a conflict of interest is to be dealt with;
(j.5) respecting criteria to be considered in the selection and appointment of members of boards of directors of nursing homes that are operated on a non-profit basis;
(k) respecting the officers, staff and employees of nursing homes and prescribing their duties, responsibilities and qualifications for employment;
(l) requiring the bonding of the chief administrators of nursing homes in such form, on such terms and with such collateral security as are prescribed and providing for the forfeiture of bonds and the disposition of the proceeds;
(m) requiring in-service training programs to be provided staff and employees of nursing homes;
(n) instituting a system for budgeting the annual expenditures of nursing homes;
(o) respecting the form and content of books, records and accounts that shall be kept by nursing homes;
(p) respecting the establishment and maintenance of trust accounts for residents;
(q) requiring the accounts of nursing homes to be audited and respecting such audits;
(r) requiring nursing homes to furnish such information or accounts as may be specified;
(s) respecting the reports and returns that shall be made to the Minister by licensees;
(t) respecting treatment, care, conduct, discipline and discharge of residents of nursing homes;
(u) respecting access to resident, medical or drug records by specified persons for specified purposes;
(v) prescribing duties of inspectors;
(w) exempting designated nursing homes from specified provisions of this Act or the regulations;
(x) respecting forms for the purposes of this Act;
(y) respecting interest to be charged on loans made under section 22;
(z) authorizing the Minister to provide financial assistance under section 22 in prescribed circumstances or for prescribed purposes without the approval of the Lieutenant-Governor in Council;
(aa) prescribing the circumstances in which and the purposes for which the Minister may provide financial assistance under section 22 without the approval of the Lieutenant-Governor in Council;
(bb) respecting the manner of making an application for assistance under section 23;
(cc) respecting the information, material or proof of any fact, including evidence under oath, that is to be furnished before assistance is given under section 23;
(dd) respecting the procedure to be followed in the consideration of all information, material and evidence furnished in connection with an application for assistance under section 23;
(ee) respecting the investigation of applications for assistance under section 23 in order to determine the eligibility of applicants;
(ff) respecting the manner in which income of an applicant for assistance under section 23 is to be determined;
(gg) respecting the amount of assistance to be provided under section 23 having regard to varying degrees of need and the circumstances and conditions pertaining thereto;
(hh) respecting the time and manner in which assistance under section 23 is to be given;
(ii) respecting the circumstances or conditions under which assistance under section 23 may be altered or cancelled;
(jj) respecting the forms to be used for purposes of section 23;
(kk) respecting the procedure to be followed in appealing a decision of the Minister under section 23;
(ll) respecting safeguards governing the disclosure of information concerning recipients of assistance under section 23.
1988, c.69, s.2