Residential Care Facilities Licensing Regulation

Residential Care Facilities Licensing Regulation, M.R. 484/88 R The Social Services Administration Act , C.C.S.M. c. S165 Regulation 484/88 R Registered November 14, 1988 bilingual version (HTML) Table of Contents Section 1 Definitions and interpretation 2 Disabilities and disorders 3-6 Letter of approval 7-15 Licence 16-17 Staffing 18 Records 19-21 Safety 22-28 Personal services 29 General requirements 30 Forms Definitions and interpretation 1 In this regulation, "abuse" means physical punishment, threats, verbal or non-verbal coercion directed toward any resident, or the withholding of a resident's regular meal, money or other personal property, or medication or aid necessary for the proper physical functioning of a resident; (« mauvais traitement ») "Act" means The Social Services Administration Act ; («  Loi  ») "disability" or "disorder" means a disability or disorder as set out in section 2; (« déficience » ou « trouble ») "facility" means a residential care facility; (« établissement ») "frailty or cognitive impairment related to aging" means those manifestations of the aging process that significantly reduce mobility, flexibility, co-ordination, perceptivity and functioning of a person but are not due to a mental disability or mental disorder; (« fragilité ou déficience intellectuelle causées par l'âge ») "host family home" means a residential care facility that is the primary residence of the holder of the letter of approval and where he or she (a) lives with a maximum of four residents who are not related to the holder of the letter of approval or his or her family, and (b) provides residential care to the residents; (« résidence de famille hôte ») "inspector" means a person duly authorized by the minister for the purpose of the Act; (« inspecteur ») "mental disability" means a mental disability as defined in The Adults Living with an Intellectual Disability Act ; (« déficience mentale ») "mental disorder" means a mental disorder as defined in The Mental Health Act ; (« trouble mental ») "operator" means a person who owns or operates a residential care facility or any person acting on his or her behalf; (« exploitant ») "resident" means a person who is residing in a facility and is receiving residential care; (« résident ») "residential care" means the accommodation, care and supervision provided to an adult who (a) has a mental disability or mental disorder, or (b) requires accommodation, care and supervision because of frailty or cognitive impairment related to aging; (« soins en résidence ») "supervising agency" means the agency, government department or individual responsible for the overall supervision and treatment planning for a resident. (« organisme de surveillance ») M.R. 15/99; 54/2016 ; 115/2025 Disabilities and disorders 2 For the purpose of the definition "residential care facility" in section 1 of the Act, (a) a mental disability is prescribed as a disability; and (b) a mental disorder is prescribed as a disorder. M.R. 15/99; 54/2016 Letter of approval 3 A person must have a valid and subsisting letter of approval issued by the licensing authority to establish or operate a residential care facility for a maximum of four adults who have a mental disability, a mental disorder, or require care because of frailty or cognitive impairment related to aging. M.R. 15/99; 54/2016 4 An application for a letter of approval under section 3 shall be in such form as the minister may approve. 5 A letter of approval may be issued by the licensing authority only after that authority is satisfied that (a) the facility meets the recommendations of the local supervising agency to the effect that conditions in the facility are conducive to the well-being of the residents; (b) the premises comply with legislation, regulations and standards governing fire safety and public health protection; (c) all personnel connected with the operation of the facility are of good character and medically, physically and emotionally fit to provide the required care and where deemed necessary, a medical examination or character references may be required; and (d) the facility meets such other standards and conditions as may be required by the minister. M.R. 15/99; 54/2016 6 A letter of approval issued under this regulation shall (a) be in such form as the minister may approve; (b) designate the maximum number and sex of persons who may be accommodated therein; (c) be limited as to a particular operator and premises; (c.1) state if the facility is a host family home; and (d) state any other conditions on which the letter of approval is issued. M.R. 54/2016 Licence 7 A person must have a valid and subsisting licence issued by the licensing authority to establish or operate a residential care facility for five or more adults who have a mental disability, a mental disorder, or require care because of frailty or cognitive impairment related to aging. M.R. 15/99; 54/2016 8 [Repealed] M.R. 15/99 9 Notwithstanding section 7, no person shall establish a residential care facility for more than 15 residents without first obtaining written permission to do so from the minister. 10 An application for a licence under this regulation shall be submitted on a form provided by the licensing authority and shall be accompanied by a sketch showing the rooms to be occupied and the number to be cared for in each room. 11 A licence may be issued by the licensing authority only after receipt of recommendations from the authority having jurisdiction as to compliance with legislation, regulations and standards governing (a) fire safety; (b) public health protection; (c) residential care; and (d) such other standards and conditions as may be required by the minister. 11.1 The licensing authority shall not issue a licence to a residential care facility that proposes to provide residential care and supervision to a child unless the child is 16 years of age or over and the Director of Child and Family Services under The Child and Family Services Act is satisfied that placing the child with adults in the facility will not be detrimental to the child. M.R. 15/99 12 Every licence issued under this regulation shall (a) be issued for a period of one year; (b) be in such form as the minister may determine; (c) have endorsed thereon the date on which it expires; (d) designate the maximum number and sex of persons who may be accommodated in the facility; (e) be limited to a particular licensee and premises; and (f) state any other conditions on which the licence is issued. 13(1) Notwithstanding sections 11 and 12, a licence may be renewed for two one-year periods by the licensing authority. 13(2) An operator whose licence has been renewed twice under subsection (1) and who desires to continue to operate beyond the expiry date of the second renewal, shall apply for a new licence. 14 Two months prior to the expiry date of a licence, or a renewal of a licence, the applicant for a new licence or a renewal of an existing licence shall submit an application to the licensing authority on a form approved by the minister. 15 Before the owner or operator of a residential care facility discontinues operation, he or she shall, by a notice in writing served on the licensing authority not less than 60 days prior to the proposed date of discontinuance, advise the authority of the intention to discontinue the operation. Staffing 16 A holder of a letter of approval or a licensee of a residential care facility shall (a) maintain competent personnel sufficient in number and adequate for the maintenance, care and supervision of the residents and for other requirements of the facility; and (b) require that night duty staff remain awake and on duty where any resident requires constant care or supervision. M.R. 15/99; 54/2016 17(1) A letter of approval or licence to operate a residential care facility is subject to review and may be cancelled in writing by the licensing authority if (a) the facility is found to be operated without due regard to recommendations by the authority having jurisdiction as to compliance with legislation, regulations, and standards governing public health and fire safety; (b) the facility is found to be operated without due regard to recommendations by the local supervising agency as to the comfort or well-being of the residents; or (c) the facility is operated in a manner contrary to this regulation or any applicable provincial Act or regulation. 17(2) A licensing authority which proposes to cancel a letter of approval or licence shall, not later than 60 days prior to the date of cancellation, so notify the operator in writing and state the reasons for the proposed cancellation. 17(3) Before cancelling a letter of approval or licence, the licensing authority shall allow the operator a reasonable period of time, satisfactory to the authority having jurisdiction, to rectify or correct any deficiencies which may exist at the facility or in the operation thereof. 17(4) Where the health, safety, or well-being of the residents in a residential care facility is or may be endangered, the letter of approval or licence may be cancelled forthwith without notice as required under subsection (2). 17(5) Where a letter of approval or licence is cancelled under subsection (4), the residents of the facility shall be removed from the premises forthwith to a safe place by the supervising agency or the agency or person responsible for the placement of the residents in the facility. M.R. 15/99 Records 18(1) The operator of a facility shall (a) keep records of each resident showing (i) the person's name, date of birth and sex, (ii) the person's date of admission and discharge, (iii) the name, address, and home and business telephone number of next of kin and supervising agency if applicable, (iv) the name and telephone number of a physician to contact in the event of accident or illness, (v) any medications and therapeutic diets prescribed by, and any special instructions given by, the resident's physician, and (vi) any medical disabilities made known to the operator by the resident, the resident's physician, next of kin, or supervising agency; (b) keep such clinical records as may be required with respect to the goals and treatment plans for each resident; (c) keep such personnel records as may be required with respect to the operation of the facility and make these available for inspection on request by the licensing authority; (d) allow person authorized by the licensing authority to examine and make copies of books, records and other documents which are required to be maintained under this regulation; (e) subject to clause (d), ensure that all information gained with respect to any resident or resident's family is kept confidential; (f) advise the supervising agency of any serious change in condition, illness or death or unauthorized absence of a resident within 24 hours of the occurrence thereof; and (g) advise the licensing authority of, and investigate, any accident or incident which jeopardized the health or life of a resident to ascertain the circumstances of the accident or incident and institute appropriate measures to prevent similar occurrences in the future. 18(2) The operator of a facility who receives moneys or other valuable securities for the benefit and use of a resident shall (a) keep and maintain a record thereof and hold those moneys or securities in trust for and on behalf of the resident; (b) issue receipts therefor; (c) keep and maintain a record of any of those moneys or securities disbursed or expended on behalf of the resident; (d) at the request of the licensing authority, submit those records for inspection by the licensing authority or a duly authorized representative thereof; and (e) deposit or keep those moneys or valuables in a safe or other safe storage facility and release part or all of those moneys or securities to the resident at the request of the resident. Safety 19 The operator of a facility shall ensure that the facility is provided with an approved and functioning smoke alarm on every floor level. 20 The operator of a facility shall (a) not abuse a resident, or physically restrain a resident, other than momentary physical restraint for the purpose of protecting the person and property of a resident or others, and only to the degree necessary for such protection, without first obtaining approval from the resident's physician; (b) ensure that each resident's medication (i) is kept at the required temperature in a clean, well-lighted, and secure storage area, (ii) is kept in the original labelled container provided by the dispensing pharmacist, and (iii) is administered by a responsible adult at the time and in the dosage prescribed and that a medication record is maintained of the time and dosage administered; and (c) ensure that an acceptable first aid kit is available and readily accessible in the facility. 21 The operator of a facility shall (a) not provide residential care to a resident with a physical disability unless the facility complies with all applicable legislation and regulations; (b) not admit residents requiring services other than those for which the facility has been approved or licensed; (c) not admit a greater number of residents than that authorized by the letter of approval or licence; (d) advise the supervising agency and initiate the transfer of a resident to a more appropriate facility when the condition of the resident changes to the extent that safe and adequate accommodation, care and supervision can no longer be provided; and (e) obtain the approval of the licensing authority before proceeding with any renovation or change to a facility that may alter the living space, or affect the structural strength, safety, or sanitary condition of the facility. M.R. 54/2016 Personal services 22 The operator of a facility shall provide each resident of the facility with (a) his or her own hand and bath towel and face cloth which shall be maintained in a clean condition by the operator; (b) separate storage space for the storage of clothing; (c) a separate and readily accessible storage area for the storage of personal belongings; (d) weekly laundry service for clothing, unless otherwise arranged by the supervising agency; and (e) facilities for the washing of personal clothing by residents choosing to do so. 23 The operator of a facility shall ensure that every bedroom in the facility is (a) comfortably and suitably furnished and has one chair for each resident; (b) separate for each sex unless the bedroom accommodates only a man or woman and his or her spouse or pre-school children; (c) provided with a separate bed for each resident which shall be (i) a minimum of 99 centimetres (39 inches) wide for each adult and 61 centimetres (24 inches) wide for each child and be adequate in length for the height of the resident, (ii) provided with level, substantial springs, a comfortable mattress, a pillow, one pillow case, two sheets and sufficient blankets or coverings for comfort, and (iii) provided with a complete change of clean bed linen once a week, or more often when soiled, and clean blankets or bed coverings at least every six months; and (d) provided with adequate artificial lighting. 24 The operator of a facility shall ensure that each bathroom in the facility is provided with (a) a door that can be locked to ensure privacy but which can be opened from the outside in the event of an emergency; and (b) an adequate supply of toilet tissue and soap. 25 The operator of a facility shall ensure that each dining area in the facility is (a) separate from the sleeping area; (b) provided with adequate seating facilities for all residents and staff; and (c) provided with adequate and suitable crockery and eating utensils, in good repair, for all residents. 26 The operator of a facility shall ensure that each kitchen in a facility is provided with (a) a refrigerator, stove and sink of adequate size and in good working condition; (b) suitable and adequate cooking utensils in good repair; (c) suitable and adequate facilities for the storage of all perishable and nonperishable foods; and (d) suitable and adequate facilities for the storage of all cleaning supplies and other housekeeping products. 27 The operator of a facility shall (a) at recognized meal time hours, serve a minimum of three meals daily which shall be varied and attractive and nutritionally and calorically adequate for the dietary requirements of each resident as recommended in the current Canada's Food Guide; and (b) provide meals by room tray service when a resident is too ill to eat in the dining area. 28 The operator of a facility for more than eight residents shall compile weekly menu plans for the facility, and indicate thereon any change in the actual food served when variations in the planned menu become necessary, and retain the menus for a period of at least three months, after which time they may be destroyed. General requirements 29 The operator of a facility shall (a) permit the residents to receive visitors daily at any reasonable hour and at any time under special circumstances; (b) provide indoor living and recreation space with suitable games and equipment to enhance physical and emotional health; (c) allow the residents free access to the living and recreational areas and reasonable use of the equipment therein throughout the day and evening; (d) allow and encourage residents to independently utilize the community outside the facility and to constructively occupy their leisure time, and, for residents who do not adequately provide for their own leisure time needs, make available an appropriate number and type of recreational and leisure time activities; (e) provide a telephone for the use of the residents; (f) give all of the resident's clothing, personal possessions, money held in trust, and other valuables held in safe-keeping to the resident or to the next of kin or supervising agency when a resident leaves the facility, or to the spouse or the executor or administrator of the resident's estate on the resident's death; (g) upon request of the licensing authority, co-operate in the evaluation of the effectiveness of the program offered in the facility; and (h) allow the supervising agency or licensing authority to have reasonable access to all persons resident in the facility. M.R. 15/99 Forms 30 Forms required for the purpose of this regulation may be obtained from the office of a licensing authority.