Health Care Directives and Substitute Health Care Decision Makers Regulations, 2017, H-0.002 Reg 1

1 HEALTH CARE DIRECTIVES AND SUBSTITUTE HEALTH CARE DECISION MAKERS, 2017 H-0.002 REG 1 The Health Care Directives and Substitute Health Care Decision Makers Regulations, 2017 being Chapter H-0.002 Reg 1 (effective February 15, 2017). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 HEALTH CARE DIRECTIVES AND SUBSTITUTE H-0.002 REG 1 HEALTH CARE DECISION MAKERS, 2017 Table of Contents 1 Title 6 Long-term care facility 2 Definitions 7 Application of section 24 of the Act to a caregiver 3 Prescribed ecclesiastical authorities 8 RRS c H-0.001 Reg 1 repealed and religious orders 9 Coming into force 4 Caregiver position Appendix 5 Day-to-day treatment 3 HEALTH CARE DIRECTIVES AND SUBSTITUTE HEALTH CARE DECISION MAKERS, 2017 H-0.002 REG 1 CHAPTER H-0.002 REG 1 The Health Care Directives and Substitute Health Care Decision Makers Act, 2015 Title 1 These regulations may be cited as The Health Care Directives and Substitute Health Care Decision Makers Regulations, 2017. Definitions 2 In these regulations: “Act” means The Health Care Directives and Substitute Health Care Decision Makers Act, 2015; (« Loi ») “Table” means a table set out in the Appendix. (« table ») 17 Feb 2017 cH-0.002 Reg 1 s2. Prescribed ecclesiastical authorities and religious orders 3 For the purposes of section 17 of the Act, the ecclesiastical authority listed in column 2 of Table 1 and designated by the corresponding religious order listed in column 1 of Table 1 may make a health care decision on behalf of a professed member of that religious order. 17 Feb 2017 cH-0.002 Reg 1 s3. Caregiver position 4 For the purposes of section 18 of the Act, the following persons who have capacity and are 18 years of age or more are designated as occupying a caregiver position: (a) a proprietor of an approved private-service home as defined in The Private-service Homes Regulations; (b) an operator of a mental health approved home as defined in The Mental Health Services Regulations; (c) a person who was the foster parent of an adult immediately before the adult reached the age of majority, if the adult continues to reside with the foster parent; (d) the personal attorney, as defined in The Powers of Attorney Act, 2002, of the adult; (e) a person authorized in writing by the proxy, personal guardian, or nearest relative to make day-to-day treatment decisions for the adult. 17 Feb 2017 cH-0.002 Reg 1 s4. 4 HEALTH CARE DIRECTIVES AND SUBSTITUTE H-0.002 REG 1 HEALTH CARE DECISION MAKERS, 2017 Day-to-day treatment 5 For the purposes of section 18 of the Act, “day-to-day treatment” means any of the following non-invasive treatments that do not incur an expense for the adult unless, if an expense is incurred, the adult’s property guardian or property attorney has approved the expense: (a) physician visits; (b) routine procedures conducted in a physician’s office; (c) routine laboratory tests; (d) foot care; (e) basic eye exams; (f) physiotherapy; (g) speech language therapy; (h) basic dental care; (i) wound care; (j) swallowing assessments; (k) hearing tests. 17 Feb 2017 cH-0.002 Reg 1 s5. Long-term care facility 6 For the purposes of section 20 of the Act, the following facilities are designated as long-term care facilities: (a) a personal care home as defined in The Personal Care Homes Act; (b) a mental health approved home as defined in The Mental Health Services Act; (c) a special-care home designated pursuant to The Facility Designation Regulations; (d) an approved private-service home as defined in The Private-service Home Regulations. 17 Feb 2017 cH-0.002 Reg 1 s6. Application of section 24 of the Act to a caregiver 7 Section 24 of the Act applies with any necessary modification to a person occupying a caregiver position designated pursuant to section 4 who acts in good faith and in accordance with the Act. 17 Feb 2017 cH-0.002 Reg 1 s7. RRS c H-0.001 Reg 1 repealed 8 The Health Care Directives and Substitute Health Care Decision Makers Regulations are repealed. 17 Feb 2017 cH-0.002 Reg 1 s8. 5 HEALTH CARE DIRECTIVES AND SUBSTITUTE HEALTH CARE DECISION MAKERS, 2017 H-0.002 REG 1 Coming into force 9(1) Subject to subsection (2), these regulations come into force on the day on which section 1 of The Health Care Directives and Substitute Health Care Decision Makers Act, 2015 comes into force. (2) If these regulations are filed with the Registrar of Regulations after the day on which section 1 of The Health Care Directives and Substitute Health Care Decision Makers Act, 2015 comes into force, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 17 Feb 2017 cH-0.002 Reg 1 s9. Appendix TABLE 1 [Section 17 of the Act] [Section 3 of the Regulations] Prescribed Ecclesiastical Authorities and Religious Orders Religious Order Ecclesiastical Authority 1. Basilian Fathers superior general 2. Benedictines abbot 3. Blessed Sacrament Fathers provincial 4. Carmelite Solitary archbishop of the arch- diocese of Regina 5. Congrégation de Notre-Dame superior general 6. Daughters of Mary Mother of the Church superior general 7. Daughters of Providence provincial superior 8. Franciscans provincial 9. Franciscan Sisters of St. Elizabeth superior general 10. Grey Sisters of the Immaculate Conception superior general 11. Institute of the Blessed Virgin Mary (Loretto provincial Sisters) 12. Jesuit Fathers provincial 13. Madonna House Apostolate, Marian Centre director general 14. Marianists regional 15. Missionaries of the Holy Family Polish Province local superior 16. Missionary Oblates of Mary Immaculate superior general 17. Missionary Society of St. Thomas the Apostle director general 18. Myriam Family of the Prairies servant general 19. Oblate Fathers of Assumption Province superior general 20. Oblate Fathers of Lacombe Canada provincial 21. Redemptorist Fathers (Ukrainian Catholic) provincial 22. Redemptorists (Latin Rite) provincial superior 23. Religious of Jesus and Mary provincial superior 6 HEALTH CARE DIRECTIVES AND SUBSTITUTE H-0.002 REG 1 HEALTH CARE DECISION MAKERS, 2017 Religious Order Ecclesiastical Authority 24. School Sisters of Notre Dame provincial superior 25. Sister Servants of Mary Immaculate (Ukrainian provincial superior Catholic) 26. Sisters Adorers of the Precious Blood superior general 27. Sisters For Christian Community coordinator 28. Sisters of Charity of the Immaculate Conception superior general 29. Sisters of Charity of Montreal (Grey Nuns) provincial superior 30. Sisters of Charity of St. Louis provincial superior 31. Sisters of Notre-Dame d’Auvergne regional superior 32. Sisters of the Child Jesus provincial superior 33. Sisters of the Holy Cross provincial superior 34. Sisters of the Holy Names of Jesus and Mary provincial superior 35. Sisters of the Immaculate Heart of Mary superior general 36. Sisters of Mission Service health care director 37. Sisters of Our Lady of the Cross provincial superior 38. Sisters of Our Lady of the Missions team coordinator 39. Sisters of Our Lady of Sion provincial superior 40. Sisters of the Presentation of Mary provincial superior 41. Sisters of Providence of St. Vincent de Paul general superior (Kingston) 42. Sisters of Service sister general 43. Sisters of St. Joseph (Ukrainian Catholic) superior 44. Sisters of St. Joseph (Pembroke) superior general 45. Sisters of St. Joseph (Peterborough) superior general 46. Sisters of St. Joseph (Toronto) superior general 47. Society of African Missions superior 48. Society of Christ (Fathers) provincial 49. Society of the Divine Word superior general 50. Ursuline Sisters of Bruno superior general 51. Ursuline Sisters of Chatham superior general 52. Ursuline Sisters of Prelate superior general 17 Feb 2017 cH-0.002 Reg 1. 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