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Community Care Access Corporations Act, 2001
S.O. 2001, Chapter 33
Note: This Act was repealed on November 1, 2017. (See: 2016, c. 30, s. 34)
Last amendment: 2016, c. 30, s. 34.
Legislative History: 2001, c. 33, s. 23; 2004, c. 8, s. 46, Table; 2006, c. 4, s. 41; 2006, c. 21, Sched. F, s. 136 (1); 2007, c. 8, s. 200; 2007, c. 10, Sched. J, s. 1; 2010, c. 15, s. 219; 2011, c. 1, Sched. 6, s. 1; 2011, c. 9, Sched. 6; 2016, c.23, s. 41; 2016, c. 30, s. 34.
CONTENTS
Interpretation1. / Definitions
Continuation or Establishment of Corporations
2. / Community care access corporations
3. / Home Care and Community Services Act, 1994
Corporate Matters
4. / Continuation of designated corporations
5. / Objects
6. / Powers
6.1 / Right to use French
7. / Board of directors
8. / Powers of a board of directors
9. / Committees
10. / Executive Director
11. / Minister’s directions
11.1 / Fiscal year
12. / Auditor
13. / Annual report
14. / Appointment of supervisor
Organization of Corporations
15. / Corporate changes
15.1 / Proposals report
15.2 / Discretion to make regulations and orders
15.3 / Amalgamation of corporations
16. / Transfer of property on dissolution
16.1 / Transfer of property held for charitable purpose
16.2 / No compensation
17. / Transfer of employees
General
18. / Information for the public
19. / Delegation by Minister
20. / Protection from liability
21. / Review of Act
22. / Regulations
Interpretation
Definitions
1 (1)In this Act,
“community care access corporation” means a corporation that is continued under subsection 2 (1) or incorporated under subsection 2 (4); (“société d’accès aux soins communautaires”)
“Minister” means the Minister of Health and Long-Term Care or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act. (“ministre”) 2001, c.33, s.1(1); 2006, c.4, s.41(1).
Interpretation
(2)Expressions used in this Act have the same meaning as in the Home Care and Community Services Act, 1994, unless the context requires otherwise. 2001, c.33, s.1(2); 2007, c.8, s.200(1).
Section Amendments with date in force (d/m/y)
2006, c. 4, s. 41 (1) - 28/03/2006
2007, c. 8, s. 200 (1) - 01/07/2010
Continuation or Establishment of Corporations
Community care access corporations
2 (1)Each corporation designated as a community care access corporation immediately before subsection 41 (2) of the Local Health System Integration Act, 2006 came into force is continued and is a community care access corporation with the names that it had immediately before that time. 2006, c.4, s.41(2).
Extinguishment of letters patent
(2)The letters patent issued to constitute a corporation continued under subsection (1) are extinguished. 2006, c.4, s.41(2).
Transition
(3)The Minister may, by regulation, revoke a regulation made under this section, as it read immediately before subsection 41 (2) of the Local Health System Integration Act, 2006 came into force. 2006, c.4, s.41(2).
Establishment
(4)The Lieutenant Governor in Council may by regulation incorporate one or more corporations without share capital and a corporation incorporated under this subsection is a community care access corporation. 2006, c.4, s.41(2).
Section Amendments with date in force (d/m/y)
2006, c. 4, s. 41 (2) - 28/03/2006
Home Care and Community Services Act, 1994
3 Sections 50, 51, 53, 54 and 55, subsections 56 (2), (3), (4), (5) and (6) and section 57 of the Home Care and Community Services Act, 1994 do not apply with respect to a community care access corporation that has been approved under subsection 5 (1) of that Act. 2011, c.1, Sched.6, s.1(1).
Section Amendments with date in force (d/m/y)
2007, c. 8, s. 200 (2, 3) - 01/07/2010
2011, c. 1, Sched. 6, s. 1 (1) - 30/03/2011
Corporate Matters
Continuation of designated corporations
4 (1)Repealed: 2006, c.4, s.41(3).
Members, transition
(2)On the day subsection 41 (4) of the Local Health System Integration Act, 2006 comes into force, the members of a community care access corporation shall be the members of its board of directors who held office immediately before that day. 2006, c.4, s.41(4).
(3)Repealed: 2006, c.4, s.41(5).
Status
(4)A community care access corporation is not an agent of Her Majesty for any purpose despite the Crown Agency Act. 2001, c.33, s.4(4).
Corporations Information Act
(5)The Corporations Information Act does not apply to a community care access corporation except if the regulations made under this Act specifically provide otherwise. 2006, c.4, s.41(6).
Corporations Act
(5.1)The Corporations Act does not apply to a community care access corporation except if this Act or the regulations made under it specifically provide otherwise. 2006, c.4, s.41(6).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5.1) is repealed. See: 2010, c.15, ss.219 (1), 249.
Exception
(5.2)The following provisions of the Corporations Act apply to a community care access corporation as if it were a corporation under that Act and references in those provisions to letters patent or supplementary letters patent shall be disregarded and references to the Act shall be read as references to the Corporations Act: sections 1, 120, 122 and 123, subsections 124 (1) and (2), sections 125 and 127, subsection 128 (1), section 129 except for clause (1) (e), sections 283, 285, 286, 287, 289, 290, subsection 291 (1), sections 292 to 310 and subsections 311 (1) and (2). 2006, c.4, s.41(6).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5.2) is repealed. See: 2010, c.15, ss.219 (1), 249.
Conflict of interest, indemnities and standard of care
(6)Section 132, subsection 134 (1) and section 136 of the Business Corporations Act apply to a community care access corporation and to the members of its board of directors with necessary modifications. 2001, c.33, s.4(6).
Section Amendments with date in force (d/m/y)
2006, c. 4, s. 41 (3, 5) - 28/03/2006; 2006, c. 4, s. 41 (4, 6) - 01/04/2009
2010, c. 15, s. 219 (1) - not in force
Objects
5 The following are the objects of a community care access corporation:
1. To provide, directly or indirectly, health and related social services and supplies and equipment for the care of persons.
2. To provide, directly or indirectly, goods and services to assist relatives, friends and others in the provision of care for such persons.
3. To manage the placement of persons into long-term care facilities.
4. To provide information to the public about community-based services, long-term care facilities and related health and social services.
5. To co-operate with other organizations that have similar objects.
6. To carry out any charitable object that is prescribed and that is related to any of the objects described in paragraphs 1 to 5. 2001, c.33, s.5; 2006, c.4, s.41(7); 2016, c.23, s. 41.
Section Amendments with date in force (d/m/y)
2006, c. 4, s. 41 (7) - 28/03/2006
2016, c.23, s. 41 - 5/12/2016
Powers
6 (1)A community care access corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited by this Act. 2001, c.33, s.6(1); 2006, c.4, s.41(8).
Restriction, real property
(2)A community care access corporation shall neither acquire nor dispose of real property without the approval of the Minister. 2001, c.33, s.6(2).
Restriction, borrowing
(3)A community care access corporation shall not borrow money on its credit or give security against its property without the approval of the Minister. 2001, c.33, s.6(3).
Use of property, etc.
(4)The assets and income of a community care access corporation shall be applied solely to promote the objects of the corporation. 2001, c.33, s.6(4).
Section Amendments with date in force (d/m/y)
2006, c. 4, s. 41 (8) - 28/03/2006
Right to use French
6.1(1)A person has the right to communicate in French with, and to receive available services in French from, a community care access corporation. 2011, c.9, Sched.6, s.1.
Board to ensure
(2)The board of directors of a community care access corporation shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section. 2011, c.9, Sched.6, s.1.
Limitation
(3)The right to use French given by this section is subject to the limits that are reasonable in the circumstances. 2011, c.9, Sched.6, s.1.
Definition
(4)In this section,
“service” means any service or procedure that is provided to the public by a community care access corporation and includes all communications for the purpose. 2011, c.9, Sched.6, s.1.
Section Amendments with date in force (d/m/y)
2011, c. 9, Sched. 6, s. 1 - 01/01/2012
Board of directors
7 (1)The members of the board of directors of a community care access corporation who held office immediately before subsection 41 (9) of the Local Health System Integration Act, 2006 came into force continue to hold office until replaced. 2006, c.4, s.41(9).
(2)Repealed: 2006, c.4, s.41(9).
Expenses
(3)The members of a board of directors shall be reimbursed for their reasonable expenses incurred in performing their duties under this Act. 2001, c.33, s.7(3).
(4)Repealed: 2006, c.4, s.41(10).
Quorum
(5)A majority of members of the board of directors constitutes a quorum for meetings of the board. 2001, c.33, s.7(5).
(6)Repealed: 2006, c.4, s. 41(11).
Section Amendments with date in force (d/m/y)
2006, c. 4, s. 41 (9, 10) - 01/04/2009; 2006, c. 4, s. 41 (11) - 28/03/2006
Powers of a board of directors
8 (1)Repealed: 2006, c.4, s.41(12).
By-laws and resolutions
(2)A board may make by-laws and pass resolutions regulating its proceedings and generally for the conduct and management of the affairs of the community care access corporation. 2001, c.33, s.8(2).
Officers
(3)Without limiting the generality of subsection (2), a board may pass by-laws or resolutions to appoint officers and assign to them such powers and duties as the board considers appropriate. 2001, c.33, s.8(3).
Delegation
(4)A board may delegate any of its powers or duties under this Act to such person or persons as the board considers appropriate and may impose conditions and restrictions with respect to the delegation. 2001, c.33, s.8(4).
Section Amendments with date in force (d/m/y)
2006, c. 4, s. 41 (12) - 01/04/2009
Committees
9 A board of directors may establish committees of the board as it considers appropriate. 2006, c.4, s.41(13).
Section Amendments with date in force (d/m/y)
2006, c. 4, s. 41 (13) - 28/03/2006
Executive Director
10 (1)The board of directors of a community care access corporation shall appoint an Executive Director who shall bethe chief executive officer responsible for the management and administration of the corporation, subject to the supervision and direction of the board. 2006, c.4, s.41(15).
Not a director
(2)The Executive Director of a community care access corporation shall not be a member of the board of directors of any community care access corporation. 2006, c.4, s.41(15).
Removal
(3)The board of directors of a community care access corporation may remove the Executive Director of the corporation. 2006, c.4, s.41(15).
Transition
(4)The employment of the Executive Director of a community care access corporation who holds office immediately before subsection 41 (15) of the Local Health System Integration Act, 2006 comes into force is continued with the terms and conditions of employment that existed at that time. 2006, c.4, s.41(15).
Remuneration
(5)Each community care access corporation shall fix the salary or other remuneration and the benefits, including rights relating to severance, termination, retirement and superannuation, of its Executive Director. 2006, c.4, s.41(15).
Acting Executive Director
(6)The board of directors of a community care access corporation may, by by-law or resolution, appoint an employee of the corporation to act in the place of the Executive Director when the Executive Director is absent or refuses to act or the office of the Executive Director is vacant, and while so acting, the employee has all of the rights and powers and shall perform all of the duties of the Executive Director. 2006, c.4, s.41(15).
Section Amendments with date in force (d/m/y)
2006, c. 4, s. 41 (14) - 28/03/2006; 2006, c. 4, s. 41 (15) - 01/04/2009
Minister’s directions
11 (1)The Minister may issue directions on matters relating to the exercise of a community care access corporation’s rights and powers and the performance of its duties under this Act. 2001, c.33, s.11(1).
Compliance
(2)Each community care access corporation shall comply with all directions issued by the Minister. 2001, c.33, s.11(2).
Legislation Act, 2006, Part III
(3)Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to the directions. 2001, c.33, s.11(3); 2006, c.21, Sched.F, s.136(1).
Section Amendments with date in force (d/m/y)
2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
Fiscal year
11.1The fiscal year of a community care access corporation begins on April 1 in each year and ends on March 31 in the following year. 2011, c.1, Sched.6, s.1(2).
Section Amendments with date in force (d/m/y)
2011, c. 1, Sched. 6, s. 1 (2) - 30/03/2011
Auditor
12 (1)Each community care access corporation shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit annually the accounts and financial transactions of the corporation. 2001, c.33, s.12(1); 2004, c.8, s.46.
Auditor’s report
(2)Each community care access corporation shall give a copy of every auditor’s report for a fiscal year of the corporation to the Minister within six months after the end of that fiscal year, if that fiscal year ends before the day before the first anniversary of the day on which subsection 41 (16) of the Local Health System Integration Act, 2006 comes into force. 2006, c.4, s.41(16).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed. See: 2001, c.33, s.23, as re-en. by 2006, c.4, s.41 (26).
(3)Repealed: 2006, c.4, s.41(16).
Section Amendments with date in force (d/m/y)
2001, c. 33, s. 23 - see 2006, c.4, s.41 (26) - not in force
2004, c. 8, s. 46, Table - 01/11/2005
2006, c. 4, s. 41 (16) - 01/04/2009
Annual report
13 (1)Each community care access corporation shall give an annual report on its affairs for the preceding fiscal year to the Minister within six months after the end of that fiscal year, if that fiscal year ends before the day before the first anniversary of the day on which subsection 41 (17) of the Local Health System Integration Act, 2006 comes into force. 2006, c.4, s.41(17).