S-4.2 - Act respecting health services and social services

Section 346.0.12 Disposition versions

2012-11-30

346.0.12. When an agency revokes a temporary certificate of compliance or revokes or refuses to issue or renew a certificate of compliance, it may prescribe the conditions that must be complied with by the operator of the private seniors’ residence concerned until the cessation of the activities of the residence. In such a case, it must prescribe a maximum period for terminating the activities of the residence.

Those conditions may include

(1)  despite any inconsistent provision, the obligation to allow any person designated by the agency to enter the residence, including the rooms or apartments, at any time;

(2)  the obligation to inform the agency in advance of the relocation of any resident, providing the resident’s name, the name of the person acting on the resident’s behalf, if any, and the address of the resident’s new residence;

(3)  any other measure prescribed to ensure the welfare of every resident during that period.

The certificate ceases to have effect at the end of the period provided for in the first paragraph.

The costs, fees and expenses incurred by the agency to implement those conditions may be claimed from the operator of the private seniors’ residence.

2005, c. 32, s. 141; 2009, c. 46, s. 8; 2011, c. 27, s. 13.

2010-02-01

346.0.12. The agency may suspend, revoke or refuse to renew the certificate of compliance of a certificate holder that

(1)  no longer meets the conditions set out in section 346.0.4;

(2)  failed to take the corrective measures ordered by the agency within the prescribed period, in particular further to recommendations formulated as part of the complaint examination process;

(3)  has been convicted of an offence under this Act during the period of validity of the certificate, unless the certificate holder has obtained a pardon;

(4)  has been convicted, during the period of validity of the certificate, of an indictable or criminal offence related to the abilities and conduct required to operate a residence of the same category, or has a director or officer who has been so convicted, unless a pardon has been obtained; or

(5)  engages in practices or tolerates a situation that could pose a threat to the health or safety of the persons to whom the operator provides services.

2005, c. 32, s. 141; 2009, c. 46, s. 8.

2007-02-01

346.0.12. The agency may suspend, revoke or refuse to renew the certificate of compliance of a certificate holder that

(1)  no longer meets the conditions set out in section 346.0.4;

(2)  has not taken the corrective measures ordered by the agency within the prescribed period following a complaint;

(3)  has been convicted of an offence under this Act during the period of validity of the certificate, unless the certificate holder has obtained a pardon; or

(4)  has been convicted of an indictable offence in connection with the operation of a residence for the elderly during the term of the certificate, unless the certificate holder has obtained a pardon.

2005, c. 32, s. 141.