S-4.2 - Act respecting health services and social services

Section 346.0.20.2 Disposition versions

2016-01-01

346.0.20.2. In addition to the powers provided for in section 346.0.11, an agency may evacuate and relocate the residents of a private seniors’ residence if the agency has reasonable grounds to believe that the operator of the residence is tolerating a situation or engaging in practices, including acts of negligence or violence, that present a danger to the health or safety of those persons.

Before proceeding, the agency must notify an evacuation order in writing to the operator, setting out the reasons for the evacuation, and allow the operator to submit observations within a period determined by the agency. It must also take the necessary means to inform the persons concerned and, to that end, it may require the operator to provide the contact information of the residents and, if applicable, of the persons acting on their behalf. If the danger is imminent, the reasons for the evacuation may first be transmitted verbally, and then be notified in writing once the evacuation has been completed.

Once the evacuation order has been notified, any person designated by the agency may enter the residence, including the rooms or apartments at any time, until the evacuation has been completed.

If the situation calls for the evacuation of all the residents, the holder’s certificate of compliance or temporary certificate of compliance ceases to have effect on the issue of the evacuation order and until the holder demonstrates to the satisfaction of the agency that the situation or practices described in the first paragraph have been remedied, unless the agency revokes the certificate under section 346.0.11.

The costs, fees and expenses incurred by the agency for the evacuation and relocation procedure may be claimed from the operator of the private seniors’ residence.

The first, second, third and fifth paragraphs also apply to a congregate residential facility where a private seniors’ residence is operated without a certificate.

2011, c. 27, s. 22; I.N. 2016-01-01 (NCCP).

2012-11-30

346.0.20.2. In addition to the powers provided for in section 346.0.11, an agency may evacuate and relocate the residents of a private seniors’ residence if the agency has reasonable grounds to believe that the operator of the residence is tolerating a situation or engaging in practices, including acts of negligence or violence, that present a danger to the health or safety of those persons.

Before proceeding, the agency must serve an evacuation order in writing on the operator, setting out the reasons for the evacuation, and allow the operator to submit observations within a period determined by the agency. It must also take the necessary means to inform the persons concerned and, to that end, it may require the operator to provide the contact information of the residents and, if applicable, of the persons acting on their behalf. If the danger is imminent, the reasons for the evacuation may first be transmitted verbally, and then in writing once the evacuation has been completed.

Once the evacuation order has been served, any person designated by the agency may enter the residence, including the rooms or apartments at any time, until the evacuation has been completed.

If the situation calls for the evacuation of all the residents, the holder’s certificate of compliance or temporary certificate of compliance ceases to have effect on the issue of the evacuation order and until the holder demonstrates to the satisfaction of the agency that the situation or practices described in the first paragraph have been remedied, unless the agency revokes the certificate under section 346.0.11.

The costs, fees and expenses incurred by the agency for the evacuation and relocation procedure may be claimed from the operator of the private seniors’ residence.

The first, second, third and fifth paragraphs also apply to a congregate residential facility where a private seniors’ residence is operated without a certificate.

2011, c. 27, s. 22.

2011-11-30

346.0.20.2. In addition to the powers provided for in section 346.0.11, an agency may evacuate and relocate the residents of a private seniors’ residence if the agency has reasonable grounds to believe that the operator of the residence is tolerating a situation or engaging in practices, including acts of negligence or violence, that present a danger to the health or safety of those persons.

Before proceeding, the agency must serve an evacuation order in writing on the operator, setting out the reasons for the evacuation, and allow the operator to submit observations within a period determined by the agency. It must also take the necessary means to inform the persons concerned and, to that end, it may require the operator to provide the contact information of the residents and, if applicable, of the persons acting on their behalf. If the danger is imminent, the reasons for the evacuation may first be transmitted verbally, and then in writing once the evacuation has been completed.

Once the evacuation order has been served, any person designated by the agency may enter the residence, including the rooms or apartments at any time, until the evacuation has been completed.

If the situation calls for the evacuation of all the residents, the holder’s certificate of compliance or temporary certificate of compliance ceases to have effect on the issue of the evacuation order and until the holder demonstrates to the satisfaction of the agency that the situation or practices described in the first paragraph have been remedied, unless the agency revokes the certificate under section 346.0.11.

The costs, fees and expenses incurred by the agency for the evacuation and relocation procedure may be claimed from the operator of the private seniors’ residence.

The first, second, third and fifth paragraphs also apply to a congregate residential facility where a private seniors’ residence is operated without a certificate.

2011, c. 27, s. 22.

As regards temporary certificates of compliance, this section comes into force on 30 November 2012, unless the Government sets an earlier date for its coming into force (2011, c. 27, s. 47).