BILL NO. 65
(as passed, with amendments)
2nd Session, 61st General Assembly
59 Elizabeth II, 2010
Homes for Special Care Act
CHAPTER 17 OF THE ACTS OF 2010
The Honourable Denise Peterson-Rafuse
Minister of Community Services
First Reading: May 5, 2010 (LINK TO BILL AS INTRODUCED)
Second Reading: May 6, 2010
Third Reading: May 10, 2010 (WITH COMMITTEE AMENDMENTS)
Royal Assent: May 11, 2010
Be it enacted by the Governor and Assembly as follows:
(h) the licensee or its administrator has failed to demonstrate that its actions, either direct or indirect, are incidental to the attainment of the objects for which it was incorporated or are within the proper exercise of its powers or conform with its own governance requirements; or
(i) the licensee or its administrator is unable to demonstrate that it has or will exercise sufficient control, either directly or indirectly, over the operations of the licensee, including the care of its residents, its premises, its accommodation, its equipment and its facilities.
8B The Minister may appoint such person or persons who shall have such powers and duties prescribed in the regulations to manage and administer or to assist to manage and administer, and generally oversee the operations of a licensee whose license has been suspended, cancelled or not re-issued, until the license is re-instated or re-issued, as the Minister considers necessary.
8C (1) No action or other proceeding for damages or otherwise shall be instituted against the Minister's appointee under Section 8B or any agent of the appointee, as a result of any act done in good faith in the performance or intended performance of any duty under this Act or in the exercise or intended exercise of any power and duty under this Act, or of any neglect or default in the performance or exercise in good faith of such power or duty.
8D Neither the appointment by the Minister under Section 8B, the operation and management of the facility by the appointee nor the ceasing of that operation and management is a sale, lease or transfer of the licensee's business or operations thereof for the purpose of Section 31 of the Trade Union Act nor a merger, amalgamation or transfer of jurisdiction for the purpose of Section 32 of that Act.
(wc) respecting the services and scope of the services to be provided by a person appointed pursuant to Section 8B and any conditions that apply to the exercise of the person's discretion in the scope of the services to be provided;
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