This regulation sets licensing rules for personal care homes, including who may apply, how a licence is renewed or displayed, when ownership can be transferred, and what approvals or plans are required for suspension or discontinuance.
Personal Care Home Licensing Regulation, M.R. 29/2005 The Health Services Insurance Act , C.C.S.M. c. H35 Regulation 29/2005 Registered February 28, 2005 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Applying for a licence 3 Complete and accurate information 4 Term of a licence 5 Renewal of a licence 6 Display of licence 6.1 Discontinuance or suspension 7 Transfer of ownership 8 Transitional: existing licences under The Public Health Act 9 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Health Services Insurance Act . («  Loi  ») "licence" means a licence issued under subsection 118.1(1) of the Act to operate a personal care home. (« licence ») "operator" means the holder of a licence to operate a personal care home. (« responsable ») Applying for a licence 2 The owner of a personal care home may apply for a licence by filing an application with the minister, in a form approved by the minister. Complete and accurate information 3 A person filing an application for a licence must ensure that the information contained in the application is complete and accurate. Term of a licence 4 Subject to sections 7 and 8, and to subsection 118.2(2) of the Act, a licence expires on December 31 of the year in which it was issued. Renewal of a licence 5 After reviewing the operation of a personal care home in such a manner as the minister considers necessary, the minister may renew its licence for a term of one year. Display of licence 6 An operator must display the licence for a personal care home in a prominent and easily accessible location in the home. Discontinuance or suspension 6.1(1) An operator may discontinue or suspend the operation of the personal care home only with the prior approval of the minister. 6.1(2) The operator may apply for the approval by filing an application with the minister, in a form approved by the minister. 6.1(3) If the discontinuance or suspension is approved by the minister, (a) the minister may impose terms and conditions on the approval to ensure continuity of care for residents; and (b) the operator and the health authority with whom the operator has entered into an agreement in respect of the personal care home must prepare a plan to ensure continuity of care for residents. 6.1(4) For the purpose of this section and without limitation, the operator (a) discontinues the operation of the personal care home when the operator refuses or fails to accept new residents and gives notice to terminate the agreement with the health authority in respect of the personal care home; and (b) suspends the operation of the personal care home when the operator permits the average occupancy rate at the personal care home to fall below 95% within a three-month period. 6.1(5) This section does not apply to a discontinuance or suspension of the operation of the personal care home in circumstances where continued operation would be hazardous to the health, safety or well-being of the residents. 6.1(6) For certainty, this section applies despite any termination clause in any agreement with a health authority in respect of the personal care home. M.R. 137/2025 Transfer of ownership 7 If ownership of a personal care home is to be transferred from an operator to another person, and all necessary approvals for the transfer under section 70 of the Act and sections 27 and 28 of The Regional Health Authorities Act have been obtained, (a) the licence of the operator expires upon transfer of ownership; and (b) the other person must apply for and be issued a licence before operating the personal care home. Transitional: existing licences under The Public Health Act 8 A person who, on the day that this regulation comes into force, holds a licence under The Public Health Act to operate a personal care home, is deemed to be an operator holding a licence under this regulation. The term of the licence is as specified in the licence. Coming into force 9 This regulation comes into force on the day that The Health Services Insurance Amendment Act , S.M. 1998, c. 53, sections 1 and 4, clause 11(d) and sections 13 to 15 come into force.