Nursing Home Care Benefits Regulations (C.R.C., c. 334)

Regulations are current to 2014-12-08

Nursing Home Care Benefits Regulations

C.R.C., c. 334

APPROPRIATION ACTS

APPROPRIATION ACT NO. 4, 1974

Regulations Respecting the Making of Contributions by Canada to the Provinces Toward the Cost of Certain Benefits in Respect of Care Provided in Nursing Homes

SHORT TITLE

 These Regulations may be cited as the Nursing Home Care Benefits Regulations.

INTERPRETATION

 In these Regulations,

“assistance agreement”

“assistance agreement” means an agreement made under Part I of the Canada Assistance Plan; (accord d’assistance)

“base year”

“base year” means,

  • (a) in relation to any province other than the Province of Alberta, the 12-month period immediately preceding the day on which the province has introduced a universal nursing home care benefit program, and

  • (b) in relation to the Province of Alberta, April 1, 1973 to March 31, 1974; (année de base)

“base year payment”

“base year payment” means,

  • (a) in relation to any province other than the Province of Alberta, the total amount determined by the Minister to have been payable by Canada to the province under an assistance agreement in respect of the cost in the base year to the province and to municipalities in the province of assistance provided to or on behalf of those persons who were residents of nursing homes that were listed, or were accepted for listing, as homes for special care in a schedule to that agreement, to the extent that such cost would have been assumed under a universal nursing home care benefit program had that program been in effect, and

  • (b) in relation to the Province of Alberta, the total amount, determined in accordance with an agreement made under section 3, that would have been payable by Canada to the Province under an assistance agreement in respect of the cost to the Province and to municipalities in the Province of assistance that, if the Province had not introduced a universal nursing home care benefit program, would have been provided to those persons who were residents of nursing homes or parts thereof that during the base year were included in that program; (versement de l’année de base)

“care”

“care” includes such nursing, personal or supervisory care as is normally provided by or under the supervision of skilled nursing personnel; (soins)

“contribution”

“contribution” means a contribution payable by Canada under an agreement made under section 3; (contribution)

“contribution commencement day”

“contribution commencement day” means,

  • (a) in relation to a province that on January 1, 1974 had in operation a universal nursing home care benefit program, January 1, 1974, and

  • (b) in relation to any other province, the later of the day on which the province has introduced a universal nursing home care benefit program and a day that is six months prior to the day on which the province notifies the Minister in writing of its intention to enter into an agreement under section 3; (date du début de la contribution)

“estimate”

“estimate”, in relation to population, means an estimate certified by the Chief Statistician of Canada; (estimation)

“initial period”

“initial period” means the part of a year commencing on the contribution commencement day; (période initiale)

“Minister”

“Minister” means the Minister of National Health and Welfare; (ministre)

“nursing home”

“nursing home” means a residential institution the primary purpose of which is to provide care to persons who reside therein, but does not include a child care institution; (maison de repos)

“provincial law”

“provincial law” means the Acts of the legislature of a province, and any regulations made thereunder, that provide for benefits under a universal nursing home care benefit program under conditions that are consistent with these Regulations; (législation provinciale)

“resident”

“resident” means a person who resides in a nursing home for the purpose of receiving care therein, but does not include any person who is in the care or custody or under the control or supervision of a child welfare authority as defined in the Canada Assistance Plan, or who could, by reason of age, be taken into the care or custody or brought under the control or supervision of such an authority; (résident)

“universal nursing home care benefit program”

“universal nursing home care benefit program” means a program described in section 3; (programme universel de prestations pour soins dans les maisons de repos)

“weighted average”

“weighted average” means the weighted average that is determined by the province in accordance with an agreement under section 3 and that is approved by the Minister; (moyenne pondérée)

“year”

“year” means a 12-month period ending on March 31st. (année)