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Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER H-5

AN ACT RESPECTING HOMES FOR SPECIAL CARE

Analysis

1. Short title

2. Definitions

3. Director

4. Deputy minister

5. Acts to be read together

6. Staff

7. Regulations

8. Payments from fund


Short title

1. This Act may be cited as the Homes for Special Care Act.

1973 No26 s1

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Definitions

2. In this Act

(a) "department" means the Department of Social Services;

(b) "deputy minister" means the Deputy Minister of Social Services;

(c) "director" means the Director of Homes for Special Care;

(d) "homes for special care" includes

(i) the institution known as the "Hoyles Home" in the City of St. John's,

(ii) the institution known as the "Harbour Lodge", Carbonear,

(iii) the institution known as the "Children's Home" on Water Street West in the City of St. John's, and

(iv) other institutions in the province

(A) for the care of persons who, because of age, need, infirmity, blindness or other incapacity or disability, are unable to fully care for themselves, or

(B) for the accommodation of persons for a reason considered sufficient by the Lieutenant-Governor in Council,

and which is designated by the Lieutenant-Governor in Council as a home for special care for the purpose of this Act; and

(e) "minister" means the Minister of Social Services.

1973 No26 s2; 1979 c49 Sch C

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Director

3. The minister may prescribe functions and duties for the director with respect to this Act.

1973 No26 s4

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Deputy minister

4. Where, in this Act, powers are vested in or responsibilities are entrusted to the minister, they shall, in the absence of the minister, be considered to be vested in and entrusted to the deputy minister.

1973 No26 s5

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Acts to be read together

5. (1) The provisions of this Act shall be carried into effect with the same effect as if they were incorporated in and formed part of the Department of Social Services Act and for this purpose this Act shall be read with that Act, but, where there is a conflict between this Act and that Act, this Act shall prevail.

(2) Sections 7, 8, 9, 10, 12, 14, 17, 20, 21, 22 and 23 of the Department of Social Services Act are, with the necessary changes, applicable to this Act.

1973 No26 s6; 1979 c49 s41

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Staff

6. The professional and other staff that may be necessary for the proper

(a) care of the persons accommodated in; and

(b) operation of

a home for special care shall be appointed or employed in the manner authorized by law, but the minister may temporarily employ those professional, technical and other assistants that he or she considers necessary and fix the remuneration of and prescribe the expenses that may be incurred by those assistants in carrying out their official duties.

1973 No26 s7

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Regulations

7. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may make regulations

(a) necessary or desirable for the carrying out of the powers, functions and duties referred to in this Act;

(b) for the conduct and internal economy of homes for special care, the admission, retention and discharge of persons to, in and from a home for special care, and for charges to be made to or in respect of those persons as to admission, retention or discharge;

(c) providing for conditions of the admission, retention and discharge referred to in paragraph (b), including conditions respecting charges to be payable by persons responsible for the support or maintenance of persons admitted to homes for special care and providing for the making of orders for the discharge of persons from those homes if the conditions are not complied with;

(d) providing for the management, maintenance, proper use and protection of property, real or personal, of which the minister has the administration and control; and

(e) generally, to give effect to the purpose of this Act.

(2) Different regulations may be made under subsection (1) in respect of different classes or kinds of homes for special care or in respect of 1 home for special care as distinguished from another.

1973 No26 s9

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Payments from fund

8. A payment required to be made by or on behalf of the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall be paid by the Minister of Finance, on the request of the minister, out of the Consolidated Revenue Fund of the province.

1973 No26 s10

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