[37] Bill 130 Royal Assent (PDF)
Bill 130 2001
An Act respecting
community care access corporations
CONTENTS
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Interpretation |
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1. 2. 3. |
Definitions Designation of Corporations Designation of community care access Approved agency |
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Corporate Matters |
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4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. |
Continuation of designated corporations Objects Powers Boards of directors Powers of a board of directors Committees Executive Director Minister's directions Auditor Annual report Appointment of supervisor |
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Transitional Matters |
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15. 16. 17. |
Restrictions on corporations listed in the Schedule Approval of restricted activities Duty to co-operate |
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General |
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18. 19. 20. 21. 22. 23. 24. 25. |
Information for the public Delegation by Minister Protection from liability Review of Act Regulations Repeals Commencement Short title |
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Schedule |
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______________ |
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Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Interpretation
Definitions
1. (1) In this Act,
"community care access corporation" means a corporation that is designated under section 2 as a community care access corporation; ("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")
Interpretation
(2) Expressions used in this Act have the same meaning as in the Long-Term Care Act, 1994, unless the context requires otherwise.
Designation of Corporations
Designation of community care access corporations
2. (1) The Minister may, by regulation, designate as a community care access corporation,
(a) any corporation listed in the Schedule to this Act;
(b) any other corporation without share capital that, in the Minister's opinion, provides or arranges for the provision of, or will provide or arrange for the provision of, homemaking services, personal support services or professional services to persons.
Effective date
(2) The designation takes effect on the date specified in the regulation.
Approved agency
3. (1) The Minister may, by regulation, deem a community care access corporation to be an approved agency under the Long-Term Care Act, 1994 and may, in the regulation, specify the professional services, personal support services or homemaking services that the corporation is approved to provide under that Act.
Exceptions
(2) Sections 50, 51, 53, 54 and 55, subsections 56 (2), (3), (4), (5) and (6) and section 57 of the Long-Term Care Act, 1994 do not apply with respect to a community care access corporation, despite any regulation deeming it to be an approved agency.
Corporate Matters
Continuation of designated corporations
4. (1) On the date specified in the regulation in which a community care access corporation is designated under section 2, the corporation is continued as a corporation without share capital under the name or names specified in the regulation.
Composition of corporation
(2) A community care access corporation is composed of the members of its board of directors.
Transition
(3) When a community care access corporation is continued under subsection (1), the persons who are its members immediately before it is continued cease to be members.
Status
(4) A community care access corporation is not an agent of Her Majesty for any purpose despite the Crown Agency Act.
Other Acts
(5) The Corporations Act and the Corporations Information Act do not apply to a community care access corporation.
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.
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.
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 or a regulation.
Restriction, real property
(2) A community care access corporation shall neither acquire nor dispose of real property without the approval of the Minister.
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.
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.
Boards of directors
7. (1) Each community care access corporation shall have a board of directors composed of as many members as the Lieutenant Governor in Council appoints, not to exceed such maximum number of members as may be prescribed by regulation.
Appointment of members
(2) The Lieutenant Governor in Council shall appoint the members of the board of directors of each community care access corporation.
Expenses
(3) The members of a board of directors shall be reimbursed for their reasonable expenses incurred in performing their duties under this Act.
Chair and vice-chair
(4) The Lieutenant Governor in Council may designate a chair and a vice-chair of a board of directors from among the members of the board.
Quorum
(5) A majority of members of the board of directors constitutes a quorum for meetings of the board.
Transition
(6) When a community care access corporation is continued under subsection 4 (1), the persons who are members of its board of directors immediately before it is continued cease to hold office.
Powers of a board of directors
8. (1) The affairs of a community care access corporation are under the management and control of its board of directors.
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.
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.
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.
Committees
9. (1) Each board of directors shall establish a community advisory council as a committee of the board and may establish such other committees of the board as it considers appropriate.
Composition and duties
(2) The community advisory council is composed of such persons as may be prescribed by regulation and has such duties as may be prescribed by regulation.
Same
(3) If there is no regulation prescribing the composition or duties of the community advisory council, the board may determine the composition or duties, as the case may be, of the council.
Additional duties
(4) If there is a regulation prescribing the duties of the community advisory council, the board may assign additional duties to the council.
Executive Director
10. (1) For each community care access corporation, the Lieutenant Governor in Council shall, by order, appoint a person to be its Executive Director.
Employment
(2) Each community care access corporation shall employ as its Executive Director the person appointed by the Lieutenant Governor in Council and shall terminate that person's employment as Executive Director when the term of the appointment expires or if the Lieutenant Governor in Council, by order, revokes the person's appointment.
Role
(3) The Executive Director is the chief executive officer of the community care access corporation and is responsible for the management and administration of its affairs, subject to the supervision and direction of its board of directors.
Remuneration
(4) The Minister shall fix the salary or other remuneration and the benefits, including rights relating to severance, termination, retirement and superannuation, of each Executive Director, and each community care access corporation shall provide such salary or other remuneration and such benefits to its Executive Director.
Acting Executive Director
(5) 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.
Transition
(6) When a community care access corporation is continued under subsection 4 (1), the employment of a person who is employed as its chief executive officer immediately before it is continued is terminated, unless the person is appointed under this section as the first Executive Director of that or any other community care access corporation effective no later than the date of the continuation, in which case,
(a) the person's employment shall be deemed not to have been terminated and to be continuous for the purposes of all termination and severance provisions applicable under contract or under an Act; and
(b) the terms of the person's employment as Executive Director shall reflect the salary or other remuneration and the benefits fixed by the Minister under subsection (4).
Same
(7) If a person, who is employed as the chief executive officer of a corporation listed in the Schedule that has not yet been designated as a community care access corporation under section 2, is appointed under this section as the first Executive Director of a community care access corporation,
(a) the person's employment shall be deemed not to have been terminated and to be continuous for the purposes of all termination and severance provisions applicable under contract or under an Act; and
(b) the terms of the person's employment as Executive Director shall reflect the salary or other remuneration and the benefits fixed by the Minister under subsection (4).
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.
Compliance
(2) Each community care access corporation shall comply with all directions issued by the Minister.
Regulations Act
(3) The Regulations Act does not apply with respect to the directions.
Auditor
12. (1) Each community care access corporation shall appoint one or more auditors licensed under the Public Accountancy Act to audit annually the accounts and financial transactions of the corporation.
Auditor's report
(2) Each community care access corporation shall give a copy of every auditor's report to the Minister within six months after the end of the fiscal year to which the report relates.
Minister's audit
(3) The Minister may require that any aspect of the affairs of a community care access corporation be audited by an auditor appointed by the Minister.
Annual report
13. (1) Each community care access corporation shall give the Minister an annual report on its affairs for the preceding fiscal year and shall do so within six months after the end of the fiscal year to which the report relates.
Same
(2) The annual report must include such information as the Minister may specify.
Other reports
(3) Each community care access corporation shall give the Minister such other information and reports on its affairs and operations as the Minister may require.
Appointment of supervisor
14. (1) The Minister may appoint a person as supervisor of a community care access corporation if the Minister considers it to be in the public interest to do so.
Term of office
(2) The appointment of the supervisor is valid until terminated by the Minister.
Powers of supervisor
(3) Unless the appointment provides otherwise, the supervisor has the exclusive right to exercise all of the rights and powers and to perform all of the duties of the community care access corporation, its board of directors and its Executive Director.
Same
(4) The Minister may, in the appointment, specify the powers and duties of the supervisor and the terms and conditions governing those powers and duties.
Additional powers
(5) If, under the appointment made by the Minister, the community care access corporation, its board of directors or its Executive Director continues to have any rights or powers or may continue to perform any duties during the term of the supervisor's appointment, any exercise of such right or power and any performance of such duty by the corporation, the board of directors or the Executive Director during that time is valid only if approved by the supervisor in writing.
Report to Minister
(6) The supervisor shall give the Minister such information and reports as the Minister may require.
Minister's directions
(7) The Minister may issue directions to the supervisor with regard to anything within the jurisdiction of the supervisor, and the supervisor shall carry them out.
Transitional Matters
Restrictions on corporations listed in the Schedule
15. (1) A corporation listed in the Schedule shall not do any of the following things after this Act comes into force and before the corporation is designated under section 2, unless the corporation has the approval of the Minister:
1. Convey an interest in property.
2. Purchase an interest in property.
3. Enter into or amend a contract or incur a financial liability or an obligation that extends beyond one year.
4. Make or agree to make a payment in connection with the termination of an employment relationship, except in accordance with a contract or collective agreement entered into before the day on which this Act comes into force.
5. Appoint a person to a management position.
6. Amend a by-law of the corporation.
Exception
(2) Subsection (1) does not prevent a corporation listed in the Schedule from doing something that it is otherwise required by law to do or taking action in an emergency.
Same
(3) Subsection (1) does not prevent a corporation listed in the Schedule from making a by-law or passing a resolution to do something set out in subsection (1), so long as the by-law or resolution provides that it does not come into force until the approval of the Minister has been obtained.
Approval of restricted activities
16. (1) Upon request, the Minister may give his or her approval to a corporation listed in the Schedule to do something described in paragraphs 1 to 6 of subsection 15 (1).
Restrictions
(2) When giving the approval, the Minister may impose such conditions and restrictions as he or she considers appropriate.
Retroactivity
(3) The Minister may give the approval in advance or retroactively.
Other powers
(4) The Minister may do any of the following things for the purposes of making decisions under this section:
1. Require a corporation listed in the Schedule to give the Minister information, documents or records that are in the custody or under the control of the corporation.
2. Require a corporation listed in the Schedule to create a new document or record by compiling existing information.
3. Require a corporation listed in the Schedule to update information previously given to the Minister by the corporation.
4. Impose a deadline for doing something described in paragraph 1, 2 or 3.
Duty to co-operate
17. (1) After this Act comes into force and before the corporation is designated under section 2,
(a) a corporation listed in the Schedule and its directors, members, employees and agents shall co-operate with the Minister; and
(b) every director, member, employee or agent of a corporation listed in the Schedule shall, upon request, allow an individual acting on behalf of the Minister to examine and copy any information, document or record in the custody or under the control of the corporation.
Prohibition, obstruction
(2) No person shall knowingly obstruct an individual acting on behalf of the Minister or withhold or conceal from such a person any information, document or record.
Offence
(3) A person who contravenes subsection (2) is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000.
General
Information for the public
18. The Minister shall make every annual report of every community care access corporation available to the public and may make available such other information about each corporation as he or she considers to be necessary in the public interest.
Delegation by Minister
19. (1) The Minister may authorize, in writing, any person or persons to exercise any of the Minister's powers or perform any of his or her duties under this Act, subject to such conditions and restrictions as the Minister may impose.
Effect of delegation
(2) Despite section 6 of the Executive Council Act, a deed or contract signed by a person authorized to do so under subsection (1) has the same effect as if it were signed by the Minister.
Protection from liability
20. (1) No proceeding shall be commenced against the Crown or the Minister with respect to the appointment of a supervisor under section 14.
Same
(2) No proceeding shall be commenced against the Crown, the Minister or a person appointed as supervisor under section 14 for any act that is in good faith done or omitted in the performance or intended performance of the supervisor's duties under this Act.
Liability of the Crown
(3) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, this section does not relieve the Crown of a liability to which the Crown would otherwise be subject in respect of a tort.
Review of Act
21. The Minister shall undertake a comprehensive review of this Act five years after it comes into force.
Regulations
22. (1) The Minister may make regulations,
(a) prescribing those things that are required or permitted to be prescribed, specified or done by regulation;
(b) prescribing restrictions on the capacity, rights, powers or privileges of community care access corporations;
(c) prescribing rights, powers or duties of an Executive Director of a community care access corporation.
Scope of regulations
(2) A regulation may be general or specific in its application.
Repeals
23. Sections 15, 16 and 17 are repealed on a day to be named by proclamation of the Lieutenant Governor.
Commencement
24. This Act comes into force on the day it receives Royal Assent.
Short title
25. The short title of this Act is the Community Care Access Corporations Act, 2001.
Schedule
Corporations
1. Access Centre for Community Care in Lanark, Leeds and Grenville, incorporated under the Corporations Act on November 25, 1996.
2. Access Centre for Hastings & Prince Edward Counties, incorporated under the Corporations Act on September 22, 1997.
3. Algoma Community Care Access Centre, incorporated under the Corporations Act on June 23, 1997.
4. Brant Community Care Access Centre, incorporated under the Corporations Act on November 8, 1996.
5. Chatham/Kent Community Care Access Centre, incorporated under the Corporations Act on September 12, 1996.
6. Cochrane District Community Care Access Centre/Centre d'accès aux soins communautaires du district de Cochrane, incorporated under the Corporations Act on December 19, 1996.
7. Community Care Access Centre (CCAC) - Oxford, incorporated under the Corporations Act on December 5, 1996.
8. Community Care Access Centre for Huron, incorporated under the Corporations Act on August 20, 1996.
9. Community Care Access Centre for Kenora and Rainy River Districts, incorporated under the Corporations Act on February 5, 1997.
10. Community Care Access Centre for the Eastern Counties/Centre d'accès aux soins communautaires pour les comtés de l'Est, incorporated under the Corporations Act on December 17, 1996.
11. Community Care Access Centre Niagara, incorporated under the Corporations Act on November 29, 1996.
12. Community Care Access Centre of Halton, incorporated under the Corporations Act on September 8, 1997.
13. Community Care Access Centre of London and Middlesex/Centre d'accès aux soins communautaires de London et Middlesex, incorporated under the Corporations Act on October 15, 1996.
14. Community Care Access Centre of Peel/Centre d'accès aux soins communautaires de Peel, incorporated under the Corporations Act on December 11, 1996.
15. Community Care Access Centre of Waterloo Region, incorporated under the Corporations Act on October 28, 1996.
16. Community Care Access Centre of Wellington-Dufferin, incorporated under the Corporations Act on November 8, 1996.
17. Community Care Access Centre of York Region, incorporated under the Corporations Act on November 14, 1996.
18. Community Care Access Centre Perth County, incorporated under the Corporations Act on January 14, 1997.
19. Community Care Access Centre Simcoe County/ Centre d'accès aux soins communautaires comté de Simcoe, incorporated under the Corporations Act on November 25, 1996.
20. Community Care Access Centre Timiskaming/ Centre d'accès aux soins communautaires Timiskaming, incorporated under the Corporations Act on February 21, 1997.
21. Community Care Access Centre of The District of Thunder Bay, incorporated under the Corporations Act on April 11, 1997.
22. Durham Access to Care, incorporated under the Corporations Act on December 9, 1996.
23. East York Access Centre for Community Services/Centre d'accès aux services communautaires d'East York, incorporated under the Corporations Act on January 30, 1997.
24. Elgin Community Care Access Centre, incorporated under the Corporations Act on December 27, 1996.
25. Etobicoke Community Care Access Centre/ Centre d'accès aux soins communautaires d'Etobicoke, incorporated under the Corporations Act on January 30, 1997.
26. Grey-Bruce Community Care Access Centre, incorporated under the Corporations Act on September 16, 1996.
27. Haliburton, Northumberland and Victoria Long-Term Care Access Centre, incorporated under the Corporations Act on December 27, 1996.
28. Haldimand-Norfolk Community Care Access Centre, incorporated under the Corporations Act on January 28, 1997.
29. Hamilton-Wentworth Community Care Access Centre, incorporated under the Corporations Act on March 17, 1997.
30. Kingston, Frontenac, Lennox & Addington Community Care Access Centre, incorporated under the Corporations Act on November 25, 1996.
31. Manitoulin-Sudbury Community Care Access Centre, incorporated under the Corporations Act on December 20, 1996.
32. Near North Community Care Access Centre/ Centre d'accès aux soins communautaires du Moyen-Nord, incorporated under the Corporations Act on March 6, 1997.
33. North York Community Care Access Centre/ Centre d'accès aux soins communautaires de North York, incorporated under the Corporations Act on January 30, 1997.
34. Ottawa-Carleton Community Care Access Centre/Centre d'accès aux soins communautaires d'Ottawa-Carleton, incorporated under the Corporations Act on January 15, 1997.
35. Renfrew County Community Care Access Centre, incorporated under the Corporations Act on December 4, 1996.
36. Sarnia/Lambton Community Care Access Centre, incorporated under the Corporations Act on August 28, 1996.
37. Scarborough Community Care Access Centre/ Centre d'accès aux soins communautaires de Scarborough, incorporated under the Corporations Act on January 30, 1997.
38. The Peterborough Community Access Centre Incorporated, incorporated under the Corporations Act on January 22, 1997.
39. Toronto Community Care Access Centre/Centre d'accès aux soins communautaires de Toronto, incorporated under the Corporations Act on February 3, 1997.
40. Windsor/Essex Community Care Access Centre, incorporated under the Corporations Act on August 12, 1996.
41. York Community Care Access Centre/Centre d'accès aux soins communautaires de York, incorporated under the Corporations Act on February 3, 1997.