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Statutes of Newfoundland 1998

CHAPTER S-13.1

AN ACT RESPECTING HOME SUPPORT
SERVICES PROVIDED TO PERSONS IN
SELF-MANAGED CARE

(Assented to December 15, 1998)

Analysis

1. Short title

2. Definitions

3. Designation

4. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Self-managed Home Support Services Act.

Definitions

2. In this Act "home support services" means services which the person receiving them assumes responsibility for managing or which another person or group of persons assumes responsibility for managing on behalf of the person receiving them and includes personal care, household management, behavioural aide services and respite services paid for in whole or in part from public money and provided to individuals and families to assist with activities of daily living in their own homes but does not include services provided by a person whose business or a part of whose business it is to provide those services using persons in its employ to do so.

Designation

3. (1) A person to whom home support services are being provided is considered to be the employer of the person who provides the home support services.

(2) Notwithstanding subsection (1), where a person to whom home support services are provided

(a) is not competent to make decisions and carry out tasks ordinarily associated with being an employer and another person or a group of persons undertakes to do so on his or her behalf; or

(b) agrees with another person or a group of persons that that person or group shall make decisions and carry out tasks ordinarily associated with being an employer

and that person or group enters into a contract with the minister to act as the employer, that person or group is considered to be the employer of the person who provides the home support services.

Commencement

4. This Act or a section of this Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

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