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S.M. 2000, c. 31
THE SOCIAL SERVICES ADMINISTRATION AMENDMENT ACT
(Assented to August 18, 2000)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Social Services Administration Act is amended by this Act.
2(1) Section 1 is amended by adding the following definitions in alphabetical order:
"letter of approval" means a letter of approval issued to a residential care facility and includes a provisional letter of approval issued under subsection 13(4); (« lettre d'agrément »)
2(2) The definition "residential care facility" in section 1 is repealed and the following is substituted:
"residential care facility" means premises in which accommodation, care and supervision is provided to one or more adults who
(a) have a disability or disorder prescribed in the regulations, or
(b) require care because of frailty or cognitive impairment related to aging,
but does not include premises
(c) in which accommodation, care and supervision is provided by a person only to his or her family members, or
3(1) Subsection 2(1) is amended
(a) in the section heading, by striking out "Social Security" and substituting "Income Assistance"; and
(b) in the section,
(i) by striking out "Executive Director of Social Security" and substituting "Director of Income Assistance", and
3(2) Subsection 2(2) is amended
(a) in the section heading of the English version, by striking out "Executive"; and
4 The following is added after section 2:
2.1 The minister may, in writing, delegate to any person any of the powers, duties and functions conferred or imposed on the minister under this Act.
5(1) Subsection 3(3) of the English version is amended
(a) by striking out "he sooner" and substituting "he or she"; and
5(2) Subsection 3(6) of the English version is amended
(a) by adding "or her" after "him"; and
6 Section 6 of the French version is amended
(a) in the section heading, by striking out "comités" and substituting "conseils"; and
7 Subsection 10(2) of the English version is amended by adding "or she" after "he".
8 Subsection 11(3) of the English version is amended by striking out "he" wherever it occurs and substituting "the minister".
9(1) Subsection 13(1) of the English version is amended
(a) in clauses (a), (b) and (c) by adding ", herself or itself" after "himself" wherever it occurs; and
9(2) The following is added after subsection 13(3):
13(3.1) The licensing authority may grant the letter of approval or the licence subject to any terms and conditions that the licensing authority considers appropriate.
9(3) Subsection 13(4) is repealed and the following is substituted:
13(4) Notwithstanding any other provision of this Act or the regulations, where a residential care facility does not meet all the requirements of the regulations the licensing authority may grant a provisional letter of approval or a provisional licence, as the case may be, in respect of the facility for such period as the licensing authority considers appropriate to permit the applicant to bring the facility into compliance with the requirements of the regulations.
9(4) Subsections 13(5) to (8) are repealed.
10 The following is added after section 13:
13.1(1) A person may appeal the following decisions of the licensing authority to the committee:
(a) the licensing authority's refusal to grant or renew a letter of approval or licence;
(b) the licensing authority's issuance of a provisional letter of approval or a provisional licence; or
(c) the licensing authority's cancellation or suspension of a letter of approval or licence.
13.1(2) In order to appeal under subsection (1), an appellant must file a written notice of appeal with the committee within 30 days after receiving notice of the licensing authority's decision. The notice of appeal must include the appellant's address for service of documents.
13.1(3) The committee shall within 15 days after receiving the notice of appeal, schedule a date for a hearing and at least five days before the hearing it shall give notice of the date, time and place of the hearing to the appellant and the licensing authority.
13.1(4) The committee may adjourn a hearing as it sees fit.
13.1(5) The committee shall serve written notice of its decision on the parties within 30 days after the date the hearing is completed.
13.1(6) The committee shall serve its decision
(a) personally; or
(b) by registered mail, or by another service that provides proof of delivery to the intended recipient at that person's address appearing on the notice of appeal.
13.1(7) A decision sent by registered mail is deemed to be served five days after the day it was sent.
13.2(1) A party to a decision of the committee may appeal the decision to The Court of Appeal if the party obtains leave to appeal from a judge of The Court of Appeal.
13.2(2 ) An appeal may be taken only on a question of law or jurisdiction.
13.2(3) A party shall make its application for leave to appeal within 30 days after the date the party was served with the committee's decision, or within such further time as a judge, in special circumstances, may allow.
13.2(4) The parties to an appeal under section 13.1 are entitled to be heard on an application for leave to appeal and on an appeal under this section.
11 Section 14 is repealed and the following is substituted:
14(1) The licensing authority may appoint one or more persons as inspectors for the purposes of the Act or the regulations.
14(2) For the purpose of determining whether there is compliance with this Act and the regulations or an order made under this Act, an inspector may
(a) upon presentation of identification, enter and inspect a residential care facility and the operations in the residential care facility;
(b) inspect any records, documents or other things relevant to the inspection;
(c) demand the production for inspection of records, documents or other things relevant to the inspection, including records, documents or other things that are not kept on the premises of the residential care facility;
(d) conduct any examination or test that is reasonably necessary for the inspection; and
(e) on providing a receipt, remove a record, document, sample of a substance, or any other thing, if it is relevant to the inspection.
14(3) An inspector may enter and inspect any premises that the licensing authority believes on reasonable grounds is operated as a residential care facility in contravention of this Act.
14(4) In carrying out an inspection or examination under this Act, an inspector may
(a) use a data processing system at the residential care facility or the place where the records, documents or things are kept to examine any data contained in or available to the system;
(b) reproduce, in the form of a print-out or other intelligible output, any record from the data contained in or available to a data processing system at the residential care facility or in the place; and
(c) use any copying equipment at the residential care facility or place to make copies of any record or document.
14(5) A holder of a letter of approval or a licensee of a residential care facility and any other person who has custody or control of a record, document or thing referred to in subsection (2), shall give an inspector all reasonable assistance to enable the inspector to carry out his or her duties and shall furnish to the inspector any information the inspector may reasonably require.
14(6) No person shall hinder, obstruct or interfere with an inspector conducting an inspection under this section.
12 The following is added after section 14:
14.1(1) Where the licensing authority or an inspector is satisfied that a residential care facility described in a letter of approval or a licence
(a) is not being operated or maintained in compliance with the requirements or standards set out in the Act or regulations; or
(b) is being operated or maintained in a manner that is hazardous to the health, safety or well-being of any resident;
the licensing authority or inspector may, by written order, require the licensee or holder of the letter of approval to take measures to remedy the non-compliance within the time limits specified in the order.
14.1(2) The licensing authority may cancel or suspend a letter of approval or a licence if the holder of the letter of approval or the licensee, as the case may be, does not comply with the compliance order.
14.2(1) If the licence for a residential care facility is suspended or cancelled or has expired and a new licence has not been issued the minister may, by written order, appoint a provisional administrator of the residential care facility to carry on the operation of the facility.
14.2(2) Upon the appointment of a provisional administrator under subsection (1), the rights of the licensee or its board of directors with respect to the operation of the residential care facility — other than the right to appeal under section 13.1 — are suspended, and the provisional administrator has all the powers, duties, privileges and authority of the former licensee of the residential care facility or its board of directors for the purpose of carrying on the operation of the residential care facility and
(a) may enter, and authorize others to enter, the residential care facility for the purpose of carrying on its operations;
(b) may name persons to assist in the operation of the residential care facility; and
(c) shall have the use of all the money, books and records of the former licensee of the residential care facility which pertain to its operation.
14.2(3) The provisional administrator shall carry on the operation of the residential care facility
(a) until the licence is reinstated if an appeal under section 13.1 is taken and the licence is reinstated as a result;
(b) if no appeal is taken, or if the appeal is dismissed, until the provisional administrator has made alternative arrangements to provide care for the residents and terminated the operation of the residential care facility; or
(c) until the appointment of the provisional administrator is revoked by written order of the minister.
14.2(4) The former licensee and its officers and employees shall cooperate with the provisional administrator and make available to him or her the former licensee's funds, books, records and anything else under its authority that is necessary to the facility's operation.
14.2(5) Where a provisional administrator is appointed under subsection (1) the costs and expenses incurred in carrying on the operation of the residential care facility, including remuneration for the provisional administrator and staff employed by him or her for the purpose of carrying on the operation of the residential care facility, shall, as far as possible, be paid from the funds of the former licensee of the residential care facility that pertain to the operation of the facility.
14.2(6) Any expenses of a provisional administration that cannot be paid from the former licensee's funds may be paid from the Consolidated Fund, and the amount of those expenses is a debt due and owing to the Crown from the former licensee of the residential care facility.
13 Section 15 is repealed.
14 Subsections 16(1) and (2) are amended by striking out "section 13" and substituting "section 13 or subsection 14(6)".
15 Section 17 is repealed.
16 Subsection 18(2) is amended
(a) in clause (a) of the English version by adding "or her" after "his"; and
(b) by striking out clause (b) and substituting the following:
17 Section 20 of the English version is amended in the part after clause (b) by adding "or her" after "his".
18(1) Section 21 is renumbered as subsection 21(1) and the following is added after clause 21(1)(a):
18(2) Clauses 21(1)(g) to (m) are repealed and the following is substituted:
(g) prescribing disabilities and disorders for the purpose of clause (a) of the definition "residential care facility" in section 1;
(h) respecting the licensing of residential care facilities, including the issuance of licences and the renewal, variation, suspension and cancellation of licences;
(i) respecting the granting of letters of approval with respect to residential care facilities including the issuance of letters of approval and the renewal, variation, suspension and cancellation of letters of approval;
(j) prescribing the fees payable for licences and letters of approval granted with respect to residential care facilities;
(k) respecting standards for residential care facilities and their operation, including standards of safety, care, accommodation, nutrition, services and programs;
(l) respecting the staffing of residential care facilities and the requirements to be met by staff and volunteers;
(m) respecting the books, accounts and records, including health records, that are to be kept by licencees and holders of letters of approvals and the storage and destruction of them;
(n) requiring licencees and holders of letters of approval to provide financial and other records in the form and at the times as the licensing authority may require;
(o) respecting the requirement to keep individual financial records for each resident of a residential care facility;
(p) respecting contracts between licensees or holders of letters of approval and residents of residential care facilities;
18(3) The following is added after subsection 21(1):
21(2) A regulation under subsection (1) respecting residential care facilities may be made applicable to any class of persons or any class of residential care facilities.
19 Where, on the day sections 13.1 and 13.2 as enacted by section 10 come into force, an appeal concerning a letter of approval or a licence has been commenced but not finally disposed of, the appeal shall be continued and completed in accordance with subsections 13(6) to (8) as they read immediately before the coming into force of this section as if sections 13.1 and 13.2 had not been enacted.
20(1) This Act, except section 2, subsections 9(2), (3) and (4) and sections 10, 11, 12, 14, 18 and 19, comes into force on royal assent.
20(2) Section 2, subsections 9(2), (3) and (4) and sections 10, 11, 12, 14, 18 and 19 come into force on a day fixed by proclamation.