2(1)The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

2(2)A director responsible for nursing home services shall be appointed in accordance with the Civil Service Act.

3(1)Without the prior written approval of the Minister, no person shall incorporate a company for the purposes of, or one of the objects of which is, establishing, operating or maintaining a nursing home.

3(2)No person shall establish, operate or maintain a nursing home unless the person holds a licence.

3(3)No person shall use the term nursing home or words of like import in connection with any premises unless the person holds a licence.

4(1)On application in accordance with the regulations, the Minister may issue a licence to a person for the purposes of establishing, operating or maintaining a nursing home.

4(2)A licence is valid for the period of time determined in accordance with the regulations.

4(3)On application in accordance with the regulations, the Minister may renew a licence.

4(4)The Minister may refuse to issue or renew a licence under this section if the Minister is not satisfied that it is in the public interest to establish, operate or maintain a nursing home

4(5)A licence is subject to the terms and conditions prescribed by the regulations and any additional terms and conditions that the Minister considers appropriate.

6(1)A licence is not transferable.

6(2)When a licensee is a corporation, the licensee shall notify the Director in writing of a change in the officers or directors of the corporation within 15 days after the change.

7(1)The Minister may modify, revoke or refuse to renew a licence if, in the Minister’s opinion based on reasonable grounds,

7(2)Within 30 days after receipt of notice of an action or decision of the Minister under this section, an operator who is aggrieved by the action or decision may request that the Minister review it.

7(3)On receiving a request under subsection (2), the Minister shall review the Minister’s action or decision and may confirm, vacate or alter it.

9(1)When a licence is revoked, a renewal of a licence is refused or a licence expires and is not renewed, the residents shall arrange to vacate the nursing home as soon as is practicable and the Director shall assist in finding alternative accommodations.

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.

10(1)The Lieutenant-Governor in Council may appoint a trustee, for a term not exceeding 12 months, in any of the following circumstances:

10(2)On the appointment of a trustee under subsection (1),

10(3)The trustee shall have access to all books, records and other documents relating to the operation of the nursing home and, for the purposes of this section, the trustee has the powers of a commissioner under the Inquiries Act.

10(4)The trustee may operate the nursing home and may engage, direct and dismiss staff, purchase goods and supplies, enter into contracts and otherwise engage in any activity necessary to the operation of the nursing home.

10(5)The trustee shall be deemed to be the employer for the purposes of a collective agreement in force in relation to employees of the nursing home and for the purposes of negotiating and entering into a collective agreement.

10(6)The trustee may take action against the operator on behalf of the beneficiaries of a trust held by the operator.

10(7)A trustee appointed under this section shall at all times be indemnified and saved harmless out of the funds of the operator from and against the following:

10(8)When the Lieutenant-Governor in Council is satisfied that the reason for appointing a trustee under subsection (1) no longer exists, the Lieutenant-Governor in Council may terminate the appointment of the trustee and all property, powers, duties and liabilities vested in or acquired by the trustee are revested or vested in the operator on the termination, without further action.

10(9)On the termination of the trustee’s appointment under subsection (8), the trustee shall report to the Lieutenant-Governor in Council with respect to the nursing home.

10(10)The Lieutenant-Governor in Council may make all or any of the trustee’s report public.

10(11)No action shall be taken by an operator for loss of profits during the period of the appointment of a trustee.

10(12)Despite sections 22 and 37 of the Expropriation Act and subsection (1), if the Minister intends to expropriate a nursing home in respect of which a trustee has been appointed under this section, the trustee may continue in possession of the nursing home and to operate the nursing home pending the completion of the expropriation proceeding.

11(1)Without the written authorization of the Minister, no operator shall provide accommodation for more than 150 residents in one nursing home.

11(2)No operator operating a nursing home where supervisory and personal care only are provided shall provide accommodation for more than 29 residents in that nursing home.

14(1)An operator shall keep a complete and up-to-date record for each resident from the time of admission to the time of discharge and the record shall include the following:

14(2)Subject to subsection (3), the records that each operator is required to keep under subsection (1) are confidential documents and no information contained in them shall be imparted to any person other than for the purpose of the care of the resident or for the purpose of carrying out the provisions of this Act and the regulations.

14(3)A copy of the information referred to in subsection (2) may be made available to any person

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.

21(1)No operator shall demand or accept, or cause or permit a person to demand or accept on behalf of the operator, payment for accommodation and services provided in a nursing home in an amount in excess of that prescribed by the regulations.

21(2)The Minister may commence an action in a court of competent jurisdiction to recover from an operator an excess payment referred to in subsection (1) that is accepted by or on behalf of the operator, with costs, and on the recovery shall pay the amount of the excess payment recovered to the person from whom it was accepted.

22(2)With the approval of the Lieutenant-Governor in Council or in accordance with the regulations, the Minister may provide financial assistance to aid and encourage the establishment, operation and maintenance of nursing homes in the Province, and the financial assistance shall be in accordance with the terms and conditions specified by the Minister and the terms and conditions specified in the approval of the Lieutenant-Governor in Council.

22(3)The Minister may take any security that the Minister considers appropriate for financial assistance provided under this section and has authority to enforce the security in accordance with its terms.

22(4)When an amount becomes legally due and payable by virtue of anything done under subsection (2) or as a result of a call of a guarantee issued under that subsection, the amount is a liability of the Province and is payable out of the Consolidated Fund.

23(1)In this section, “person in need” means a person who is unable to provide for themselves.

23(2)The Minister may provide assistance, in accordance with the regulations, to persons in need residing in a nursing home operated by the holder of a valid licence.

23(3)Despite the Right to Information and Protection of Privacy Act and for the purposes of this Act, the Minister may enter into agreements with the Canada Revenue Agency to collect, use or disclose tax information, including personal information, to establish eligibility for assistance.

23(4)Prior to entering into an agreement under subsection (3), the Minister shall obtain the consent of the person whose eligibility is being established.

23(5)For the purposes of this section, “personal information” means the name and date of birth of the person whose eligibility is being established.

25(1)The Minister may appoint persons as inspectors for the purposes of this Act and the regulations.

25(2)The Minister shall issue to each inspector a certificate of their appointment and every inspector shall produce their certificate of appointment on request.

25(3)An inspector may at any reasonable time enter a nursing home to make an inspection to ensure that the provisions of this Act and the regulations are being complied with.

25(4)Before or after attempting to enter a nursing home under subsection (3), an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.

25(5)During an inspection under this section, an inspector

25(6)A copy made as provided for in subsection (5) and purporting to be certified by an inspector is admissible in evidence in an action, proceeding or prosecution and, in the absence of evidence to the contrary, is proof of the original without proof of the appointment, authority or signature of the person appearing to have signed the certificate.

25(7)No person shall obstruct an inspector or withhold, destroy, conceal or refuse to furnish any information or thing required by the inspector for the purposes of an inspection.

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.

29(1)A person who violates or fails to comply with a provision of the regulations commits an offence.

29(2)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

29(3)For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

30(1)Subject to subsection (2), this Act applies to all nursing homes in the Province whether established before or after the commencement of this Act.

30(2)Subject to any terms and conditions that the Minister considers appropriate and indefinitely or for any period of time that the Minister considers appropriate, the Minister may exclude from the application of all or any provision of this Act or the regulations a nursing home that was in existence immediately before June 17, 1982, and that was operating in accordance with the law of the Province at that time.