Bill 92 2010

An Act to require automatic sprinklers in all Ontario retirement homes

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

   1.  In this Act,

"care service" means,

  (a)  a prescribed health care service provided by a member of a College as defined in the Regulated Health Professions Act, 1991,

  (b)  administration of a drug, as defined in the Drug and Pharmacies Regulation Act, or another substance,

   (c)  assistance with feeding,

  (d)  assistance with bathing,

  (e)  continence care,

    (f)  assistance with dressing,

  (g)  assistance with personal hygiene,

   (h)  assistance with ambulation,

    (i)  provision of a meal, or

    (j)  any other service prescribed as a care service,

but does not include any service that is prescribed as not being a care service; ("service en matière de soins")

"Minister" means the Minister Responsible for Seniors or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; ("ministre")

"operator", in relation to a retirement home, means a person who owns or controls the business of operating the home; ("exploitant")

"prescribed" means prescribed by the regulations made under this Act; ("prescrit")

"resident" means a person residing in a retirement home; ("résident")

"retirement home" means a residential complex or the part of a residential complex,

  (a)  that is occupied primarily by persons who are 65 years of age or older,

  (b)  that is occupied or intended to be occupied by at least the prescribed number of persons who are not related to the operator of the home, and

   (c)  where the operator of the home makes at least two care services available, directly or indirectly, to the residents,

but does not include,

  (d)  premises or parts of premises that are governed by or funded under,

           (i)  the Charitable Institutions Act,

          (ii)  the Developmental Services Act,

         (iii)  the Homes for Special Care Act,

         (iv)  the Homes for the Aged and Rest Homes Act,

          (v)  the Long-Term Care Homes Act, 2007,

         (vi)  the Ministry of Community and Social Services Act,

        (vii)  the Nursing Homes Act,

       (viii)  the Private Hospitals Act,

         (ix)  the Public Hospitals Act, or

          (x)  the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008,

  (e)  premises at which emergency hostel services are provided under the Ontario Works Act, 1997, or 

    (f)  the other premises that are prescribed. ("maison de retraite")

Sprinklers

   2.  (1)  An operator of a retirement home shall ensure that the home is equipped with automatic sprinklers that comply with the prescribed requirements, if any.

Conflict with other legislation

   (2)  If there is a conflict between any requirement prescribed for the purposes of subsection (1) and any other Act or regulation, the requirement that provides residents of a retirement home with the greater protection prevails.

Regulations

   3.  The Minister may make regulations prescribing anything that this Act refers to as being prescribed.

Amendment

   4.  On the later of the day this Act comes into force and the day section 194 of the Long-Term Care Homes Act, 2007 comes into force, subclauses (d) (i), (iv) and (vii) of the definition of "retirement home" in section 1 of this Act are repealed.

Commencement

   5.  This Act comes into force on the day it receives Royal Assent.

Short title

   6.  The short title of this Act is the Mandating Sprinklers in All Ontario Retirement Homes Act, 2010.

 

EXPLANATORY NOTE

The Bill requires retirement home operators to ensure that the home is equipped with automatic sprinklers.  The sprinklers must comply with any requirements that the Minister may prescribe.