Acts and Regulations

83-77 - Community Placement Residential Facilities

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 83-77
under the
Family Services Act
(O.C. 83-412)
Filed May 25, 1983
Under section 143 of the Family Services Act the Lieutenant-Governor in Council makes the following Regulation:
90-42
1This Regulation may be cited as the Community Placement Residential Facilities Regulation - Family Services Act.
90-42
2In this Regulation
“Act” means the Family Services Act;(Loi)
“agency” means any government department or agency or any other agency or person whether within or outside the Province which provides social services in accordance with a contract entered into with the Minister under section 19 of the Act;(organisme)
“approval” means an approval for the purposes of section 26 of the Act;(agrément)
“care services” means services that are developmental, rehabilitative, protective, supervisory or therapeutic in nature and which assist a resident to function more effectively as an individual or as a member of a community;(services de soins)
“community placement residential facility” means a home, residence and residential centre;(installation de placement communautaire de type résidentiel)
“home” means a community placement facility providing care services to fewer than three residents and in which one or more of the residents are receiving special care assistance in accordance with section 19 of the General Regulation - Social Welfare Act;(foyer)
“notifiable disease” means a notifiable disease as defined in the Public Health Act;(maladie à déclaration obligatoire)
“primary staff member” means(membre du personnel d’encadrement)
(a) an operator, or
(b) a person employed in a community placement residential facility
who spends seventy-five per cent or more of the time at a community placement residential facility providing for the direct care of residents;
“residence” means a community placement facility that is designated by the Minister to be a community placement resource under section 24 of the Act and provides care services to three or more residents but fewer than ten residents;(établissement de type résidentiel)
“resident” means an adult requiring social services who resides in a community placement residential facility;(pensionnaire)
“residential centre” means a community placement facility that is designated by the Minister to be a community placement resource under section 24 of the Act and provides care services to ten or more residents;(résidence)
“staff member” means a person who is employed to work in a community placement residential facility and includes an operator who is a primary staff member and a volunteer;(membre du personnel)
“transition house” means a community placement residential facility that is designated by the Minister to be a community placement resource under section 24 of the Act and provides accommodations for thirty days or less and support services to abused women and their children.(maison de transition)
90-42; 90-117; 91-137; 2016, c.37, s.68; 2019, c.2, s.56; 2021-66
3This Regulation does not apply to a home if all the residents are members of the immediate family or children of the operator of the home.
3.1(1)The fee for an approval or renewal of an approval is
(a) for a residence, forty-five dollars,
(b) for a residential centre, sixty-five dollars,
(c) for a home, twenty-five dollars.
3.1(2)Notwithstanding subsection (1), there shall be no fee payable for the first renewal of an approval for a residence or residential centre after the residence or residential centre has been issued an approval under subsection 4(8).
92-139
4(1)A person who intends to operate a residence or residential centre may apply for an approval of the residence or residential centre, or an operator of an approved residence or residential centre may apply for the renewal of an approval by filing with the Minister an application on the form provided by the Minister.
4(2)Subject to subsection (3), the Minister shall issue an approval or renew the approval of a residence or residential centre where
(a) an application has been received by the Minister;
(a.1) the appropriate fee under section 3.1 has been paid;
(b) the public health inspector for the health region in which the residence or residential centre is located or any public health inspector appointed under the Public Health Act has given a written statement of compliance stating that the sanitation, lighting, ventilation and other general health standards in the residence or residential centre meet the standards established by the Minister of Health under the Public Health Act;
(c) the fire marshal, deputy fire marshal, a fire prevention officer, a special assistant or a local assistant appointed under the Fire Prevention Act has given a written statement of compliance stating that the residence or residential centre meets fire prevention standards and building standards
(i) approved by the fire marshal, or
(ii) prescribed by or incorporated by reference into regulations under the Fire Prevention Act;
(d) the Minister is satisfied that the residence or residential facility complies with the standards and criteria prescribed by this Regulation and any standards and criteria prescribed by the Minister;
(e) upon the Minister’s request, the applicant demonstrates to the satisfaction of the Minister that the residence or residential facility will meet the needs of the community;
(f) the Minister is satisfied that the operator of the residence or residential facility
(i) will operate the residence or residential facility in a manner that will maintain the spirit, dignity and individuality of the residents;
(ii) will be willing to participate in training programs or workshops that are determined by the Minister to be advantageous;
(iii) will provide an atmosphere that is non-restrictive and homelike;
(iv) is aware of local community services and will encourage residents to engage in meaningful social, physical and leisure time activities according to the residents’ interests and abilities;
(v) will maintain a working relationship with the professionals who are providing consultation and assistance for a resident and with the family of the resident; and
(vi) meets any other criteria and standards which the Minister may prescribe respecting the qualifications of an operator; and
(g) the Minister is satisfied that the operator of a residence who is an individual is in good health.
4(3)The Minister shall not issue an approval or a renewal of an approval of a non-profit residential centre or a non-profit residence unless it is managed by a Board of Directors which consists of not less than seven members who are elected at an annual public meeting.
4(4)Repealed: 90-160
4(5)An approval and a renewal thereof shall indicate the maximum number of residents to be admitted to and to receive care services in a residence or a residential centre.
4(6)The Minister may determine the care services to be provided to any resident or any group of residents residing in a residence or residential centre by the operator of the residence or residential centre and the approval pertaining to a residence or residential centre shall indicate those services which have been determined by the Minister.
4(7)An approval expires on the date of expiry stated therein, unless sooner revoked.
4(8)Notwithstanding subsection (2), the Minister may issue an approval or renewal thereof for a residence or residential centre to be valid for a period of time, not to exceed six months, where
(a) the Minister considers that the residence or residential centre is necessary,
(b) the appropriate fee under section 3.1 has been paid, and
(c) the Minister is satisfied that the requirements of subsection (2) shall be complied with within the provisional period of time.
90-160; 92-139; 2000, c.26, s.116; 2006, c.16, s.67; 2016, c.37, s.68; 2017, c.42, s.83; 2019, c.2, s.56; 2022-14
5Repealed: 90-160
90-160
6(1)A person who intends to operate a home may apply for an approval of the home by filing with the Minister an application on the form provided by the Minister.
6(2)Where an application for the approval of a home has been received by the Minister, the Minister shall issue an approval of the home where the Minister is satisfied that
(a) a home meets any criteria and standards prescribed by the Minister;
(a.1) the appropriate fee under section 3.1 has been paid;
(b) the operator of the home
(i) has the personality, ability and temperament to operate the home in a manner that will maintain the spirit, dignity and individuality of the residents;
(ii) will be willing to participate in training programs or workshops that are determined by the Minister to be advantageous;
(iii) will provide an atmosphere that is non-restrictive and homelike;
(iv) is aware of local community services and will encourage residents to engage in meaningful social, physical and leisure time activities according to the residents’ interests and abilities;
(v) will maintain a working relationship with the professionals who are providing consultation and assistance for a resident and with the family of the resident; and
(vi) meets any other criteria and standards which the Minister may prescribe respecting the qualifications of an operator; and
(c) the operator who is an individual is in good medical health.
6(3)The Minister may determine the care services to be provided to a resident residing in a home by the operator of the home and the approval pertaining to a home shall indicate those services which have been determined by the Minister.
6(4)An approval expires on the date of expiry stated therein, unless sooner revoked.
6(5)An operator of a home may apply for a renewal of an approval of the home by submitting an application to the Minister on a form provided by the Minister.
6(6)A renewal of an approval is valid for one year or any portion of a year.
6(7)Before the Minister issues a renewal of an approval of a home, the home and the operator of the home shall meet the criteria and standards described in subsection (2).
6(8)Notwithstanding subsection (2), the Minister may issue an approval or renewal of an approval for a home to be valid for a period of time, not to exceed six months, where
(a) the Minister considers that the home is necessary, and
(b) the Minister is satisfied that the requirements of subsection (2) will be complied with within the provisional period of time.
91-120; 92-139; 93-93; 2016, c.37, s.68; 2019, c.2, s.56
7(1)Where an application for an approval or a renewal thereof has been refused, the Minister shall give written notice to the applicant within thirty days of the decision.
7(2)The notice referred to in subsection (1) shall
(a) contain a statement of the reasons for refusal of the approval or the renewal; and
(b) inform the applicant of the right of review of the Minister’s decision pursuant to section 15 of the Act.
2016, c.37, s.68; 2019, c.2, s.56
8Where the Minister has ordered the operation of a community placement residential facility to be terminated in accordance with section 27 of the Act, the Minister shall revoke the approval or renewal issued under section 4 or 6 or deemed to have been issued under this Regulation.
2016, c.37, s.68; 2019, c.2, s.56; 2022-14
9Where
(a) the operator of a community placement residential facility changes, or
(b) the operator of a community placement residential facility discontinues the operation of the community placement residential facility,
the approval of the community placement residential facility expires.
10An operator of a community placement residential facility shall maintain financial records which the Minister may prescribe and shall submit such records to the Minister as the Minister may from time to time require.
2016, c.37, s.68; 2019, c.2, s.56
11Except where expressly authorized by the Minister, a community placement residential facility shall provide no greater care than the care services indicated in the approval.
2016, c.37, s.68; 2019, c.2, s.56
12The number of residents residing in a residence or a residential centre shall not exceed the number indicated on an approval.
13An operator shall not change the allocation of the space used to provide care services within a residence or residential centre until the Minister has approved the change of the allocation of space.
2016, c.37, s.68; 2019, c.2, s.56
14The Minister may at any reasonable time enter and inspect a community placement residential facility to ensure compliance with this Regulation and any criteria and standards prescribed by the Minister.
2016, c.37, s.68; 2019, c.2, s.56
15Sanitation, lighting, ventilation and other general health standards in a residence or a residential centre shall be maintained in accordance with
(a) the standards established by the Minister of Health under the Public Health Act, and
(b) any criteria and standards prescribed by the Minister or by this Regulation.
2000, c.26, s.116; 2006, c.16, s.67; 2016, c.37, s.68; 2017, c.42, s.83; 2019, c.2, s.56
16Fire safety and building standards of a residence or residential centre shall be maintained in accordance with
(a) the standards prescribed by or incorporated by reference into regulations under the Fire Prevention Act,
(b) the standards approved by the fire marshal, deputy fire marshal, a fire prevention officer, a special assistant or a local assistant in accordance with the Fire Prevention Act, and
(c) any criteria and standards prescribed by the Minister or by this Regulation.
2016, c.37, s.68; 2019, c.2, s.56
17First aid supplies satisfactory to the Minister shall be available in every residence or residential centre.
2016, c.37, s.68; 2019, c.2, s.56
18Every residence or residential centre shall be equipped with a fire alarm system and smoke alarms prescribed by the Fire Prevention Act or required by the fire marshal, deputy fire marshal, a fire prevention officer, a special assistant or a local assistant in accordance with that Act.
19(1)Subject to subsection (2), the staff ratio of one primary staff member per ten residents shall be maintained at all times.
19(2)Notwithstanding subsection (1), the Minister may alter the primary staff member ratio where the Minister considers it appropriate.
19(3)Subject to subsection (4), in the calculation of the minimum primary staff member ratio, only a primary staff member shall be included.
19(4)Two volunteers may constitute one primary staff member where
(a) each volunteer provides more than ten hours of service per week to a residence or a residential centre; and
(b) each volunteer provides seventy-five per cent or more of their time of work at a residence or a residential centre providing direct care to the residents.
2016, c.37, s.68; 2019, c.2, s.56; 2022-14
19.1(1)For the purposes of subsections 3.1(1) and (2) of the Act, a check with the Department under paragraphs 3.1(1)(a) to (d) of the Act and a criminal record check or vulnerable sector check under paragraph 3.1(1)(e) of the Act, in relation to a person, shall be conducted only with the consent of the person.
19.1(2)A check with the Department and a criminal record check or vulnerable sector check shall be conducted on each person referred to in subsection 3.1(1) or (2) of the Act
(a) when an application for an approval is made or before a person becomes a staff member,
(b) five years after the issuance of an approval and every five years after that,
(c) five years after a person becomes a staff member and every five years after that, and
(d) when the Minister receives information that may affect the suitability of a person to
(i) provide care services in a community placement residential facility, or
(ii) have contact with a resident.
19.1(3)The offences set out in Schedules A and B are prescribed for the purposes of paragraph 3.1(1)(e) of the Act.
19.1(4)An operator shall ensure that reports of the most recent checks are kept at each individual community placement residential facility.
19.1(5)An operator may employ or engage in any other manner as a staff member a person who has been convicted of a violation of subsection 320.14(1) or (4) of the Criminal Code (Canada), but that person shall not transport a resident in a motor vehicle while acting in the course of the person’s employment for five years after the date of the person’s conviction.
99-50; 2000, c.26, s.116; 2008, c.6, s.19; 2010-16; 2016, c.37, s.68; 2019, c.2, s.56; 2020-23; 2022-14
19.2Prior to employment in a community placement residential facility, every person shall
(a) give a complete medical history and receive a physical examination,
(b) submit to any examination that is required to determine whether the person is a carrier of or sick from a notifiable disease, and
(c) submit the results of the examinations referred to in paragraphs (a) and (b) to the operator.
2021-66; 2022-14
20(1)Repealed: 99-50
20(2)All staff members shall be sixteen years of age or over.
20(3)All staff members shall
(a) be in good health,
(b) be free from and not be a carrier of any notifiable disease,
(c) take any medical examination or test a medical officer of health may require, and
(c.1) comply with the preventative procedures with respect to health and safety that may be required by the Minister.
(d) Repealed: 99-50
20(3.1)No staff member shall work in a community placement residential facility while a carrier of, or sick from, a notifiable disease except under the conditions determined by a medical officer of health.
20(3.2)No staff member shall refuse without valid reason to submit to the preventative procedures with respect to health and safety that may be required by the Minister.
20(4)All primary staff members shall
(a) have the personality, ability and temperament to provide services in a community placement residential facility in a manner that will maintain the spirit, dignity and individuality of the residents;
(b) participate in training programs or workshops that are determined by the Minister to be advantageous;
(c) provide an atmosphere that is non-restrictive and homelike;
(d) be aware of local community services and encourage residents to engage in meaningful social, physical and leisure time activities according to the residents’ interests and abilities; and
(e) maintain a working relationship with the professionals who are providing consultation and assistance for a resident and with the family of the resident.
(f) Repealed: 99-50
20(5)An operator who is not a primary staff member shall
(a) operate a residence or residential centre in a manner that will maintain the spirit, dignity and individuality of the residents;
(b) participate in training programs or workshops that are determined by the Minister to be advantageous;
(c) provide an atmosphere that is non-restrictive and homelike;
(d) be aware of local community services and encourage residents to engage in meaningful social, physical and leisure time activities according to the residents’ interests and abilities;
(e) maintain a working relationship with the professionals who are providing consultation and assistance for a resident and with the family of the resident; and
(f) meet any other criteria and standards prescribed by the Minister.
99-50; 2016, c.37, s.68; 2017, c.42, s.83; 2019, c.2, s.56; 2021-66
21(1)Any staff member under nineteen years of age shall be supervised by an adult primary staff member at all times while providing services directly to a resident.
21(2)While services are being provided by staff members who are under nineteen years of age, an adult primary staff member shall supervise no more than two staff members.
22(1)Admission of a resident to a community placement residential facility by an operator shall comply with the provisions of this section.
22(2)A person applying for admission as a resident to a community placement residential facility shall undergo an examination by a qualified physician and provide the operator with a certificate of the qualified physician as evidence of that examination.
22(3)A person applying for admission as a resident to a community placement residential facility shall
(a) provide the operator with evidence of an examination by an agency showing that the person meets any admission criteria and standards prescribed by the Minister; or
(b) provide the operator with a written social assessment by the Minister indicating that the person
(i) has demonstrated significant social needs as a consequence of being limited mentally or physically in the ability to care properly for themselves independently, and that these needs cannot be adequately met by such person or by other community social services or personal services, or
(ii) has been determined by the Minister under Part III of the Act to be a neglected or abused adult.
2016, c.37, s.68; 2019, c.2, s.56; 2022-14
23(1)Where an operator of a community placement residential facility intends to admit a person to the facility, the operator shall advise the Minister of the person’s proposed admission to the facility and provide the Minister with
(a) a copy of the medical certificate of the person provided in accordance with subsection 22(2), and
(b) where applicable, a copy of the evidence of examination of the person by an agency provided in accordance with paragraph 22(3)(a)
at least ten working days before the proposed date of admission.
23(2)Where a person is admitted to a community placement residential facility, the operator shall advise the Minister forthwith of the person’s admission.
90-117; 2016, c.37, s.68; 2019, c.2, s.56
24The Minister may request an agency to prepare a nursing care assessment where, in the opinion of the Minister, a resident or any person applying for admission as a resident to a community placement residential facility has an apparent health problem.
2016, c.37, s.68; 2019, c.2, s.56
25(1)An operator of a community placement residential facility may discharge a resident in any of the following circumstances: 
(a) the resident is a safety threat to themselves or other residents or staff members and the community placement residential facility is not able to provide the necessary level of care;
(b) the community placement residential facility is no longer able to meet one or more of the needs of the resident;
(c) the operator and the resident, and the next of kin or legal representative of the resident, if any, cannot reach an agreement with respect to the resident’s care despite taking all reasonable measures to do so; or
(d) the resident has not made full payment for accommodation and services provided in the community placement residential facility and the operator and the resident cannot reach an agreement with respect to payments despite taking all reasonable measures to do so.
25(2)No operator of a community placement residential facility shall discharge a resident unless the operator gives notice at least 30 days before the date of discharge to the following persons:
(a) the resident;
(b) the next of kin or legal representative of the resident, if any; and
(c) the Minister.
25(3)Despite subsection (2), 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 members, the operator may give notice immediately before the resident is discharged.
2016, c.37, s.68; 2019, c.2, s.56; 2022-14
25.1Sections 22, 23, 24 and 25 do not apply to a transition house.
91-137
25.2(1)Notwithstanding section 22, subsection 23(1) and section 25, a person may be admitted as a resident to a community placement residential facility and an operator may admit and discharge a person as a resident without the person complying with the requirements of section 22 or the operator complying with the requirements of subsection 23(1) or section 25 if the person is admitted on the written recommendation of the Minister stating that
(a) it is an emergency placement and that there does not appear to be a viable alternative to the placement, and
(b) the person being admitted is not a danger to themselves or others.
25.2(2)A person admitted under subsection (1) shall not reside in the community placement residential facility for more than seven days after the date of admission and an operator shall not permit a person admitted under subsection (1) to reside in the facility for more than seven days after the date of admission.
25.2(3)An operator shall notify the Minister of the discharge of a person admitted under subsection (1) at least one day before the person’s proposed date of discharge.
93-98; 96-56; 2016, c.37, s.68; 2019, c.2, s.56; 2022-14
26The Board of Directors of a residential centre or non-profit residence shall, subject to any criteria and standards prescribed by the Act and the Minister, determine policies respecting
(a) the overall supervision and administration of the residence or residential centre;
(b) the hiring of personnel;
(c) the preparation of budget reports;
(d) the establishment of program orientation;
(e) fund raising; and
(f) liaison with other community services.
2016, c.37, s.68; 2019, c.2, s.56
27The Minister may make standards and criteria
(a) providing for the establishment and maintenance of personal records of residents to be maintained by an operator;
(b) providing for the audit of financial records of a community placement residential facility;
(c) prescribing the liabilities to be covered under an insurance policy to be maintained by an operator;
(d) providing for the confidentiality of information pertaining to residents and the manner of maintaining confidentiality;
(e) providing for grievance procedures for residents;
(f) providing the establishment and maintenance of budget records to be maintained by an operator;
(g) prescribing documents to be filed with the Minister;
(h) providing for program and administrative documentation to be established and maintained by an operator; and
(i) prescribing personnel practices and procedures to be established and maintained by an operator.
90-117; 2016, c.37, s.68; 2019, c.2, s.56
28Regulation 78-154 under the Special Care Homes Act is repealed.
SCHEDULE A
CRIMINAL CODE (CANADA)

Section

General Description of Offence
43
Correction of child by force
151
Sexual interference
152
Invitation to sexual touching
153
Sexual exploitation
153.1
Sexual exploitation of person with disability
155
Incest
160
Bestiality
161
Order of prohibition
162
Voyeurism
162.1
Publication, etc., of an intimate image without consent
163
Corrupting morals
163.1
Child pornography
167
Immoral theatrical performance
168
Mailing obscene matter
170
Parent or guardian procuring sexual activity
171
Householder permitting prohibited sexual activity
171.1
Making sexually explicit material available to child
172
Corrupting children
172.1
Luring a child
172.2
Agreement or arrangement – sexual offence against child
173
Indecent acts
175
Causing disturbance, indecent exhibition, loitering
215
Duty of persons to provide necessaries
218
Abandoning child
219
Criminal negligence
220
Causing death by criminal negligence
221
Causing bodily harm by criminal negligence
229 - 240
Murder, manslaughter and infanticide
241
Counselling or aiding suicide
242
Neglect to obtain assistance in child-birth
243
Concealing body of child
244
Discharging firearm with intent
244.1
Causing bodily harm with intent – air gun or pistol
245
Administering noxious thing
246
Overcoming resistance to commission of offence
264
Criminal harassment
264.1
Uttering threats
265, 266
Assault
267
Assault with a weapon or causing bodily harm
268
Aggravated assault
269
Unlawfully causing bodily harm
269.1
Torture
270
Assaulting a peace officer
271
Sexual assault
272
Sexual assault with a weapon, threats to a third party or causing bodily harm
273
Aggravated sexual assault
273.3
Removal of child from Canada
279 - 283
Kidnapping, trafficking in persons, hostage taking, abduction
286.1
Obtaining sexual services for consideration
286.2
Material benefit from sexual services
318
Advocating genocide
319
Public incitement of hatred
322
Theft
330
Theft by person required to account
331
Theft by person holding power of attorney
336
Criminal breach of trust
343 - 346
Robbery and extortion
348
Breaking and entering with intent, committing offence or breaking out
356
Theft from mail
363
Obtaining execution of valuable security by fraud
368
Use, trafficking or possession of forged document
372
False information
374
Drawing document without authority, etc.
380
Fraud
423
Intimidation
430
Mischief
431
Attack on premises, residence or transport of internationally protected person
433 - 436.1
Arson and other fires
445 - 445.01
Animals
445.1 - 447
Cruelty to animals
2010-16; 2020-23
SCHEDULE B
CONTROLLED DRUGS AND SUBSTANCES ACT (CANADA)
Section
General Description of Offence
5
Trafficking in substance
6
Importing and exporting
7
Production of substance
2020-23
N.B. This Regulation is consolidated to March 18, 2022.