Charitable Institutions Act
R.S.O. 1990, Chapter C.9
Historical version for the period May 20, 2004 to October 31, 2004.
Amended by: 1993, c.2, ss.1-11; 1994, c.26, s.70; 1996, c.2, s.61; 1997, c.15, s.3; 1998, c.18, Sched. G, s.46; 1999, c.6, s.5; 2001, c.13, s.4; 2002, c.18, Sched. I, s.3; 2004, c.3, Sched.A, s.77.
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CONTENTS
1. / Definitions2. / Approval of corporations
3. / Approval of buildings
3.1 / Fundamental principle, rights of residents
4. / Evaluation and survey
5. / Restrictions upon approved corporations
6. / Grants for construction of buildings or additions
7. / Grants for acquisition of buildings
8. / Maintenance grants for institutions other than hostels
9. / Operating subsidy for homes for the aged
9.1 / Additional grants
9.2 / Service agreement
9.3 / Excessive charges prohibited
9.4 / Resident responsible for payments for accommodation
9.5 / Recovery of charges
9.6 / Admission of residents
9.7 / Information to approved corporation
9.8 / Preference for veterans
9.9 / Immunity
9.10 / Notice of determination
9.11 / Hearing
9.13 / Appeal to Divisional Court
9.14 / Affidavits
9.15 / Plan of care
9.16 / Quality management
9.17 / Notice
9.18 / Posting of information
9.19 / Residents’ council
9.20 / Meeting
9.21 / Powers of residents’ council
9.22 / Residents’ council assistant
9.23 / Information and assistance
9.24 / Immunity
10. / Inspection of books of charitable institutions
10.1 / Inspection
10.2 / Warrant
10.3 / Protection from personal liability
10.4 / Protection from reprisals
11. / Suspension and revocation of approvals
11.1 / Minister may take control
12. / Regulations
13. / Forms
Definitions
1.In this Act,
“Appeal Board” means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998; (“Commission d’appel”)
“approved charitable home for the aged” means a building, the buildings or the parts of a building or buildings approved under section 3 as a home for the aged; (“foyer de bienfaisance pour personnes âgées agréé”)
“approved charitable institution” means a charitable institution approved under section 3; (“établissement de bienfaisance agréé”)
“approved corporation” means a corporation approved under section 2; (“personne morale agréée”)
“charitable institution” means all or any part of a building or buildings maintained and operated by an approved corporation for persons requiring residential, sheltered, specialized or group care, but does not include,
(a)a children’s residence under Part IX (Licensing) of the Child and Family Services Act, or premises approved under subsection 9 (1) of that Act,
(b)a home or joint home under the Homes for the Aged and Rest Homes Act,
(c)Repealed: 2001, c.13, s.4.
(d)an institution under the Mental Hospitals Act,
(e)a private hospital under the Private Hospitals Act,
(f)a hospital under the Public Hospitals Act; (“établissement de bienfaisance”)
“Director” means a Director appointed for the purposes of this Act; (“directeur”)
“hostel” means a charitable institution for the temporary care of transient or homeless persons; (“centre d’accueil”)
“mentally incapable” means unable to understand the information that is relevant to making a decision concerning the subject-matter or unable to appreciate the reasonably foreseeable consequences of a decision or lack of decision; (“mentalement incapable”)
“Minister” means,
(a)the Minister of Health in relation to matters concerning approved charitable homes for the aged, and
(b)the Minister of Community and Social Services in relation to matters concerning any other class of charitable institutions; (“ministre”)
“provincial supervisor” means a child welfare supervisor, a welfare institutions supervisor or a Director and includes any other employee of the Ministry of Community and Social Services who is designated by the Minister as a provincial supervisor for the purposes of this Act; (“superviseur provincial”)
“regulations” means the regulations made under this Act; (“règlements”)
“resident” means, in the case of an approved charitable home for the aged, a person admitted to and lodged in that home; (“pensionnaire”)
“substitute decision-maker”, in relation to a resident of an approved charitable home for the aged, means,
(a)the person who would be authorized under the Health Care Consent Act, 1996 to give or refuse consent to a treatment on behalf of the resident if the resident were incapable with respect to the treatment under that Act, or
(b)the person who would be authorized under the Health Care Consent Act, 1996 to make a decision concerning a personal assistance service on behalf of the resident if the resident were incapable with respect to the personal assistance service under that Act. (“mandataire spécial”) R.S.O. 1990, c.C.9, s.1; 1993, c.2, s.1; 1994, c.26, s.70(1); 1996, c.2, s.61(1); 1998, c.18, Sched. G, s.46(1); 2001, c.13, s.4.
Approval of corporations
2.Where the Minister is satisfied that any corporation without share capital having objects of a charitable nature to which Part III of the Corporations Act applies or that is incorporated under a general or special Act of the Parliament of Canada is, with financial assistance under this Act, financially capable of establishing, maintaining and operating a charitable institution and that its affairs are carried on under competent management in good faith for charitable purposes, the Minister may approve such corporation for the purposes of this Act. R.S.O. 1990, c.C.9, s.2.
Approval of buildings
3.(1)Subject to section 4, where the Minister is satisfied that all or any part of a building or buildings is suitable for providing accommodation as a charitable institution in accordance with this Act and the regulations, the Minister may approve all or any part of such building or buildings, as the case may be, as a member of a class of charitable institutions prescribed in the regulations for the maintenance and operation of which assistance may be given under this Act. R.S.O. 1990, c.C.9, s.3(1).
Effective date of approval
(2)An approval given under subsection (1) or under section 2 may take effect on any date fixed by the Minister that is prior to the date on which the approval is given, but in no case shall the date upon which the approval under subsection (1) takes effect precede the date that the approval given under section 2 to the corporation maintaining and operating the institution takes effect. R.S.O. 1990, c.C.9, s.3(2).
Fundamental principle, rights of residents
Fundamental principle
3.1(1)In interpreting a provision of this Act or the regulations that applies to an approved charitable home for the aged and in interpreting a provision of a service agreement between the Crown in right of Ontario and an approved corporation maintaining and operating an approved charitable home for the aged, the fundamental principle to be applied is that an approved charitable home for the aged is primarily the home of its residents and, as such, it is to be operated in such a way that the physical, psychological, social, cultural and spiritual needs of each of its residents are adequately met and that its residents are given the opportunity to contribute, in accordance with their ability, to the physical, psychological, social, cultural and spiritual needs of others. 1993, c.2, s.2.
Residents’ bill of rights
(2)An approved corporation maintaining and operating an approved charitable home for the aged shall ensure that the following rights of residents of the home are fully respected and promoted:
1.Every resident has the right to be treated with courtesy and respect and in a way that fully recognizes the resident’s dignity and individuality and to be free from mental and physical abuse.
2.Every resident has the right to be properly sheltered, fed, clothed, groomed and cared for in a manner consistent with his or her needs.
3.Every resident has the right to be told who is responsible for and who is providing the resident’s direct care.
4.Every resident has the right to be afforded privacy in treatment and in caring for his or her personal needs.
5.Every resident has the right to keep in his or her room and display personal possessions, pictures and furnishings in keeping with safety requirements and rights of other residents of the home.
6.Every resident has the right,
i.to be informed of his or her medical condition, treatment and proposed course of treatment,
ii.to give or refuse consent to treatment, including medication, in accordance with the law and to be informed of the consequences of giving or refusing consent,
iii.to have the opportunity to participate fully in making any decision and obtaining an independent medical opinion concerning any aspect of his or her care, including any decision concerning his or her admission, discharge or transfer to or from an approved charitable home for the aged, and
iv.to have his or her medical records kept confidential in accordance with the law.
Note: Effective November 1, 2004, subparagraph iv is repealed by the Statutes of Ontario, 2004, chapter 3, Schedule A, subsection 77(1) and the following substituted:
iv.to have his or her records of personal health information within the meaning of the Personal Health Information Protection Act, 2004 kept confidential in accordance with the law.
See: 2004, c.3, Sched.A, ss.77(1), 99(2).
7.Every resident has the right to receive reactivation and assistance toward independence consistent with his or her requirements.
8.Every resident who is being considered for restraints has the right to be fully informed about the procedures and the consequences of receiving or refusing them.
9.Every resident has the right to communicate in confidence, to receive visitors of his or her choice and to consult in private with any person without interference.
10.Every resident whose death is likely to be imminent has the right to have members of the resident’s family present twenty-four hours per day.
11.Every resident has the right to designate a person to receive information concerning any transfer or emergency hospitalization of the resident and, if a person is so designated, to have that person so informed forthwith.
12.Every resident has the right to exercise the rights of a citizen and to raise concerns or recommend changes in policies and services on behalf of himself or herself or others to the residents’ council, staff of the approved charitable home for the aged, government officials or any other person inside or outside the approved charitable home for the aged, without fear of restraint, interference, coercion, discrimination or reprisal.
13.Every resident has the right to form friendships, to enjoy relationships and to participate in the residents’ council.
14.Every resident has the right to meet privately with his or her spouse or same-sex partner in a room that assures privacy and, if both spouses or same-sex partners are residents in the same approved charitable home for the aged, they have a right to share a room according to their wishes, if an appropriate room is available.
15.Every resident has a right to pursue social, cultural, religious and other interests, to develop his or her potential and to be given reasonable provisions by the approved charitable home for the aged to accommodate these pursuits.
16.Every resident has the right to be informed in writing of any law, rule or policy affecting the operation of the approved charitable home for the aged and of the procedures for initiating complaints.
17.Every resident has the right to manage his or her own financial affairs if the resident is able to do so and, if the resident’s financial affairs are managed by the approved charitable home for the aged, to receive a quarterly accounting of any transactions undertaken on his or her behalf and to be assured that the resident’s property is managed solely on the resident’s behalf.
18.Every resident has the right to live in a safe and clean environment.
19.Every resident has the right to be given access to protected areas outside the approved charitable home for the aged in order to enjoy outdoor activity, unless the physical setting makes this impossible. 1993, c.2, s.2; 1999, c.6, s.5(1).
Further guide to interpretation
(3)Without restricting the generality of subsection (1), a provision of this Act or the regulations that applies to an approved charitable home for the aged and a provision of a service agreement relating to an approved charitable home for the aged shall be interpreted so as to advance the objective that the resident’s rights set out in subsection (2) be respected. 1993, c.2, s.2.
Deemed contract
(4)An approved corporation maintaining and operating an approved charitable home for the aged shall be deemed to have entered into a contract with each resident of the home, agreeing to respect and promote the rights of the resident set out in subsection (2). 1993, c.2, s.2.
Definitions
(5)In this section,
“same-sex partner” means either of two persons of the same sex who live together in a conjugal relationship outside marriage; (“partenaire de même sexe”)
“spouse” means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. (“conjoint”) 1999, c.6, s.5(2).
Evaluation and survey
4.(1)Before selecting or acquiring a site or erecting or acquiring a building for use as a charitable institution, an approved corporation establishing the charitable institution shall,
(a)evaluate the site in accordance with the regulations to determine whether it will best serve the programs of the institution and the best interests of the prospective residents of the institution; and
(b)conduct a survey of the community and a review of population requirements in accordance with the regulations,
and submit a report thereof to the Minister. R.S.O. 1990, c.C.9, s.4(1).
Commencement of subs. (1)
(2)Subsection (1) does not come into force until a day to be named by proclamation of the Lieutenant Governor. R.S.O. 1990, c.C.9, s.4(2).
Restrictions upon approved corporations
5.(1)No approved corporation shall,
(a)change its name or the name of any charitable institution maintained and operated by it without the approval in writing of the Minister;
(b)erect a new building to be used as a charitable institution until the site and plans thereof are approved in writing by the Minister, or erect an addition to an existing building used or to be used as a charitable institution until the plans thereof are approved in writing by the Minister;
(c)purchase or otherwise acquire any building or part thereof to be used by it as a charitable institution without the approval in writing of the Minister;
(d)change the site or use of, sell or otherwise dispose of any part of, or structurally alter, any charitable institution in respect of which the approved corporation has received a payment under this Act, or any predecessor thereof, without the approval in writing of the Minister; or
(e)operate an approved charitable home for the aged unless,
(i)the approved corporation is a party to a service agreement with the Crown in right of Ontario that relates to the home, and
(ii)the service agreement complies with this Act and the regulations. R.S.O. 1990, c.C.9, s.5(1); 1993, c.2, s.3.
(2)Repealed: 1997, c. 15, s. 3(1).
Cl. (1)(b), re-enacted
(3)On a day to be named by proclamation of the Lieutenant Governor, clause (1)(b) is repealed and the following substituted therefor:
(b)erect a new building or an addition to an existing building for use as a charitable institution until,
(i)the need for the building or the addition has been established to the satisfaction of the Minister,
(ii)in the case of the erection of a new building, the site, selected and evaluated in accordance with the regulations, has been approved by the Minister, and
(iii)the plans therefor, developed and prepared in accordance with the regulations, have been approved in writing by the Minister. R.S.O. 1990, c.C.9, s.5(3).
Grants for construction of buildings or additions
6.Where the site and plans of a new building or the plans of an addition to an existing building used or to be used as a charitable institution have been approved by the Minister under clause 5(1)(b), the Minister may, out of the money appropriated therefor by the Legislature, direct payment to the approved corporation erecting the new building or the addition,
(a)where all or any part of the new building or the addition is to be used as a charitable institution other than a hostel, of an amount equal to the cost to the approved corporation of the new charitable institution, computed in accordance with the regulations, but not exceeding an amount based upon the bed capacity of the new charitable institution at the rate of $5,000 per bed or such greater amount per bed as is prescribed by the regulations; and
(b)where all or any part of the new building or the addition is to be used as a hostel, of an amount equal to 30 per cent of the cost to the approved corporation of the new hostel, computed in accordance with the regulations, but not exceeding an amount based upon the bed capacity of the new hostel at the rate of $1,500 per bed, or such greater amount per bed as is prescribed by the regulations, but no payment shall be made under this clause unless the council of the municipality in which the new building or the addition is situated directs payment to the approved corporation erecting the new hostel of an amount equal to at least 20 per cent of the cost thereof to the approved corporation. R.S.O. 1990, c.C.9, s.6.
Grants for acquisition of buildings
7.Where,
(a)the acquisition or structural alteration of a building or any part thereof to be used as a charitable institution other than a hostel has been approved by the Minister under clause 5(1)(c) or (d), as the case may be; or
(b)the Minister has approved the renovation of a charitable institution other than a hostel or approved the purchase of furnishings or equipment in connection with an approved charitable institution other than a hostel,
the Minister may, out of money appropriated therefor by the Legislature, direct payment to the approved corporation acquiring or operating and maintaining the institution, as the case may be, of an amount equal to the cost to the approved corporation of the acquisition, alteration, renovation or purchase of furnishings or equipment, as the case may be, computed in accordance with the regulations, but not exceeding an amount based upon the bed capacity of the institution at the rate of$1,200 per bed or such greater amount per bed as is prescribed by the regulations. R.S.O. 1990, c.C.9, s.7.
Maintenance grants for institutions other than hostels
8.There shall be paid to an approved corporation out of the money appropriated therefor by the Legislature an amount equal to 80 per cent or such higher percentage as the regulations prescribe of the cost, computed in accordance with the regulations,
(a)of the care and maintenance of each resident of an approved charitable institution maintained and operated by the corporation, other than a hostel or an approved charitable home for the aged; or
(b)of residential services approved by the Director provided by or on behalf of the corporation in other than an approved charitable institution. R.S.O. 1990, c.C.9, s.8; 1993, c.2, s.4.
Operating subsidy for homes for the aged
9.(1)Payments shall be made in accordance with the regulations, out of money appropriated by the Legislature, to an approved corporation maintaining and operating an approved charitable home for the aged, to assist in defraying the maintenance and operating costs incurred or to be incurred by the approved corporation in providing accommodation, care, services, programs and goods to residents of the home. 1993, c.2, s.5.