346.0.1. Each agency must, for the purpose of identifying the private seniors’ residences in its region, establish and maintain a register of those residences.
For the purposes of this Act, a private seniors’ residence is all or part of a congregate residential facility occupied or designed to be occupied mainly by persons 65 years of age or over; in addition to leasing rooms or apartments, the operator of the residence offers various services included in at least two of the following categories of services, defined by regulation: meal services, personal assistance services, nursing care services, domestic help services, security services or recreation services. The cost of those services may be included in the rent or paid in another manner.
Each agency collects the following information to establish the register and keep it up to date: the name and address of the operator, the number of the certificate of compliance issued to the operator under this subdivision, or the number of the operator’s temporary certificate of compliance if the operator does not hold a certificate of compliance, the period of validity of the certificate concerned, the name and address of the person in charge of the residence if that person is not the operator, the address and physical description of the residence, certain information concerning the building, the municipal permits the operator holds and any other permit required to carry on the operator’s activities, certain characteristics of the residence, the services offered by the operator of the residence, the facilities available and, if applicable, the category of private seniors’ residence to which the residence belongs. In addition, if a residence is administered by a board of directors, the agency shall draw up a list of board members comprising the name, address, occupation and function of each member, as well as the nature of any family relationships between the members themselves or between members and persons working at the residence. This information, with the exception of that concerning any family relationships between the members or between members and persons working at the residence, is public information.
The Government may, by regulation, define the categories of services listed in the second paragraph, specify the information that must be collected and kept up to date by an agency under the third paragraph, prescribe any other information to be collected and kept up to date and determine whether it is public information. It may also provide for categories of private seniors’ residences including at least one category of residences offering services for independent elderly persons and one category of residences offering services for semi-independent elderly persons.
For the purposes of the second paragraph,(1) services offered indirectly by the operator of a private seniors’ residence, in particular through a legal person or a partnership controlled by or that controls the operator or through another resource with which the operator has entered into an agreement for that purpose, are considered to be offered by the operator;
(2) a facility operated by an institution or a building, a part of a building or a dwelling offering the services of an intermediate resource or a family-type resource, which remains subject to the other provisions applicable to it under this Act, is not a private seniors’ residence.
2002, c. 36, s. 1; 2005, c. 32, s. 140; 2009, c. 46, s. 3; 2011, c. 27, s. 38; 2011, c. 27, s. 7.