Common use of Roles and Responsibilities of the Parties Clause in Contracts

Roles and Responsibilities of the Parties. 5.1 The Minister 1) The Minister is responsible for overseeing the performance of the RHRA with respect to the fulfilment of its Statutory Mandate. For this purpose, the Minister requires timely access to information from the RHRA as set out in the Information Sharing Protocol, attached as Schedule “B”. 2) The Minister is responsible for bringing forward proposed changes to the Act to the Lieutenant Governor in Council and the Legislative Assembly. 3) The Minister may engage the RHRA: a) throughout the policy development process on legislative or policy changes that may affect the RHRA and its activities, b) in supporting the Ministry with public and stakeholder communications and consultations regarding any proposed legislative, regulatory or policy changes, and c) in the development of communication strategies for critical or on-going issues. 4) The Minister may provide the RHRA with an annual letter outlining the government’s expectations and priorities with respect to the RHRA during the specified fiscal year. The letter would provide measurable expectations from the Minister that align with the RHRA’s Statutory Mandate as well as government priorities and commitments. The Minister will make reasonable efforts to provide the letter in the Fall to inform business planning for the upcoming fiscal year. If provided later than the Fall, the RHRA may provide the Minister with information on any operational impact of the expectations and priorities in the letter. 5) Pursuant to section 19 of the Act, the Minister may issue policy directions to the RHRA relating to its administration of the Act after giving the RHRA the notice that the Minister considers reasonable in the circumstances. The parties acknowledge that a policy direction issued to the RHRA is deemed to form part of the MOU and is binding on it. 6) The Minister may, where the Minister deems appropriate, delegate, make or assign to the RHRA such additional authority, appointments or consents as are within the Minister’s authority, if the RHRA requires such additional authority, appointments, or consents to carry out its Statutory Mandate. 7) The Minister may, where the Minister deems appropriate, assist the RHRA in obtaining any additional authorities, appointments or consents which cannot be granted by the Minister. 8) The Minister may, where the Minister deems appropriate, assist the RHRA in working with other ministries to facilitate agreements and relationships with the RHRA. 9) The Minister may, where the Minister deems appropriate, in consultation with the RHRA and as approved by the Lieutenant Governor in Council or such other government personnel or bodies as are required, conduct intergovernmental relations and negotiate trade and other binding intergovernmental agreements. 10) The Minister shall not interfere with the independent exercise of the statutory functions fulfilled by the RHRA’s Registrar, Deputy Registrars, CRO, RO, Inspectors, and Investigators exercising statutory and regulatory duties. 11) The Minister shall make reasonable efforts to meet with the Chair from time to time, at least semi-annually. 5.2 The RHRA 1) The RHRA shall carry out its duties and responsibilities in accordance with the law, the Act and this MOU. 2) The RHRA shall carry out its duties and responsibilities in accordance with the principle that a retirement home is to be operated so that it is a place where residents live with dignity, respect, privacy and autonomy, in security, safety and comfort and can make informed choices about their care options. The RHRA shall consider current best practices, including risk-based regulatory practices, in carrying out its duties and responsibilities. 3) The RHRA, through the Chair, shall ensure that the Board is aware of the terms of this MOU. 4) The RHRA is responsible for ensuring that it has adequate resources, including financial resources, to comply with this MOU, the Act, and other applicable law, and for acting in accordance with the business plan that it has provided to the Minister under clause 10(1)(a) of this MOU. 5) The RHRA is responsible for developing and maintaining corporate by-laws and shall make such by-laws available on its website within 30 days after the by-laws are passed by the Board. 6) The RHRA is responsible for developing and maintaining up-to-date written policies and procedures for each functional area of its business. 7) The RHRA is responsible for developing, maintaining and making publicly available on its website up-to-date written procurement policies and procedures that comply with the most recent Ontario Public Service Procurement Directive as it applies to Other Included Entities. 8) The RHRA is responsible for developing, maintaining and making publicly available on its website up-to-date written travel, meal and hospitality expenses policies and procedures in keeping with the spirit and principles of the most recent Ontario Public Service Travel, Meal and Hospitality Expenses Directive in order to set out principles for the reimbursement of expenses to ensure fair and reasonable practices, and to provide a framework of accountability to guide the effective oversight of resources in the reimbursement of expenses. 9) The RHRA is responsible for developing and maintaining appropriate risk management processes and plans, performance measurements, governance, and financial management processes with sound internal controls to conduct the RHRA’s operations effectively and efficiently, economically and with regard to stakeholders’ and the public’s expectations for the prudent use of funds. 10) The RHRA is responsible for developing, maintaining and making publicly available on its website up-to-date written policies and procedures, including service standards, for responding to and assisting in the resolution of consumer complaints about retirement homes and other complaints received by the RHRA related to its administration of the Act. 11) The RHRA is responsible for providing the Minister with timely information in relation to any matter requested by the Minister and shall also provide the information identified in the Information Sharing Protocol attached as Schedule “B”. 12) The RHRA is responsible for developing, maintaining and making publicly available on its website up-to-date written policies and procedures, including service standards, for licensing applications. 13) To better inform the public about infectious disease outbreaks in retirement homes, the RHRA is responsible for collecting and making publicly available on its website up-to-date infectious disease outbreak data regarding COVID-19 or other pandemics that is reported by retirement homes, as required by the Minister if the Minister determines that the information is not publicly available in an accessible format through the collection and publication of infectious diseases information by the Ministry of Health, Public Health Ontario or local public health agencies. 14) When able and appropriate, the RHRA shall coordinate its enforcement activities in relation to the investigation of serious incidents with the enforcement activities of other municipal, provincial and federal enforcement authorities. 15) When engaged by the Minister and in a manner specified by the Minister, in accordance with subsection 5.1(3) of this MOU, the RHRA shall collaborate in: a) the policy development process on legislative or policy changes that may affect the RHRA and its activities, including collecting specific information requested in writing by the Minister; b) supporting public and stakeholder communications and consultations regarding any proposed legislative, regulatory or policy changes; and c) the development of communication strategies for critical or on-going issues. 16) The RHRA shall promptly inform and advise the Minister regarding any information related to the administration of the Act and any urgent or critical matters that may require legislative, regulatory or policy changes or other action by the Minister. 17) The RHRA shall not use public funds or funds generated under the Act to hire Lobbyists to Lobby the provincial government. 18) If the Minister exercises any of the Minister’s powers under the Act, the RHRA shall take all necessary and advisable steps to ensure compliance with the power that has been exercised.

Roles and Responsibilities of the Parties. 5.1 The Minister 1) The Minister is responsible for overseeing the performance of the RHRA with respect to the fulfilment of its Administrative Authority Statutory Mandate. For this purpose, the Minister requires timely access to information from the RHRA Administrative Authority as set out in the Information Sharing Protocol, attached as Schedule “B”.Schedule 2) The Minister is responsible for bringing forward proposed changes to the Act and the SCSAA to the Lieutenant Governor in Council and the Legislative Assembly. 3) The Minister may engage the RHRAAdministrative Authority: a) throughout the policy development process on legislative or policy changes that may affect the RHRA and its activitiesprocess, b) in supporting the Ministry with coordinating public and stakeholder communications and consultations regarding any proposed legislative, regulatory or policy changes, and c) in the development of communication strategies for critical or on-going issues. 4) The Minister may provide the RHRA Administrative Authority with an annual letter outlining the government’s expectations and priorities with respect to the RHRA Administrative Authority during the specified fiscal year. The letter would provide measurable expectations from the Minister that align with the RHRA’s Statutory Mandate as well as government priorities and commitments. The Minister will make reasonable efforts to provide the letter in the Fall to inform business planning for the upcoming fiscal year. If provided later than the Fall, the RHRA may provide the Minister with information on any operational impact of the expectations and priorities in the letter. 5) Pursuant to section 19 13.1 of the ActSCSAA and subject to section 13.7 of the SCSAA, the Minister may issue policy directions to the RHRA Administrative Authority relating to its administration of the Act Designated Legislation after giving the RHRA Administrative Authority the notice that the Minister considers reasonable in the circumstances. The parties acknowledge that a policy direction issued to the RHRA Administrative Authority is deemed to form part of the MOU Agreement and is binding on it. 6) The Minister may, where the Minister deems appropriate, delegate, make or assign to the RHRA Administrative Authority such additional authority, appointments or consents as are within the Minister’s authority, if the RHRA dministrative Authority requires such additional authority, appointments, or consents to carry out its Statutory Mandate. 7) The Minister may, where the Minister deems appropriate, assist the RHRA Administrative Authority in obtaining any additional authorities, appointments or consents which cannot be granted by the Minister. 8) The Minister may, where the Minister deems appropriate, assist the RHRA Administrative Authority in working with other ministries to facilitate agreements and relationships with the RHRAAdministrative Authority. 9) The Minister may, where the Minister deems appropriate, in consultation with the RHRA and as approved by the Lieutenant Governor in Council or such other government personnel or bodies as are required, conduct intergovernmental relations and negotiate trade and other binding intergovernmental agreements. 10) The Minister shall not interfere with the independent exercise of the statutory functions fulfilled by the RHRA’s RegistrarAdministrative Authority registrars or deputy registrars, Deputy Registrarsinspectors, CROinvestigators, RO, Inspectorsstatutory directors or deputy directors, and Investigators other officers exercising statutory and regulatory duties. 1110) The Minister shall make reasonable efforts to meet with the Chair from time to time, at least semi-annually. 5.2 The RHRA 111) The RHRA shall carry out its duties and responsibilities Pursuant to subsection 112(3) of the Act, the Minister may approve or refuse to approve regulations made by the Administrative Authority, but the regulations have been made in accordance with the law, the Act consultation process and this MOU. 2) The RHRA shall carry out its duties and responsibilities in accordance with the principle that a retirement home is to be operated so that it is a place where residents live with dignity, respect, privacy and autonomy, in security, safety and comfort and can make informed choices about their care options. The RHRA shall consider current best practices, including risk-based regulatory practices, in carrying out its duties and responsibilities. 3) The RHRA, through the Chair, shall ensure that the Board is aware of the terms of this MOU. 4) The RHRA is responsible for ensuring that it has adequate resources, including financial resources, to comply with this MOU, the Act, and other applicable law, and for acting in accordance with the business plan that it has provided to the Minister under clause 10(1)(a) of this MOU. 5) The RHRA is responsible for developing and maintaining corporate by-laws and shall make such by-laws available on its website within 30 days after the by-laws are passed by the Board. 6) The RHRA is responsible for developing and maintaining up-to-date written policies and procedures for each functional area of its business. 7) The RHRA is responsible for developing, maintaining and making publicly available on its website up-to-date written procurement policies and procedures that comply with the most recent Ontario Public Service Procurement Directive as it applies to Other Included Entities. 8) The RHRA is responsible for developing, maintaining and making publicly available on its website up-to-date written travel, meal and hospitality expenses policies and procedures in keeping with the spirit and principles of the most recent Ontario Public Service Travel, Meal and Hospitality Expenses Directive in order to set out principles for the reimbursement of expenses to ensure fair and reasonable practices, and to provide a framework of accountability to guide the effective oversight of resources in the reimbursement of expenses. 9) The RHRA is responsible for developing and maintaining appropriate risk management processes and plans, performance measurements, governance, and financial management processes with sound internal controls to conduct the RHRA’s operations effectively and efficiently, economically and with regard to stakeholders’ and the public’s expectations for the prudent use of funds. 10) The RHRA is responsible for developing, maintaining and making publicly available on its website up-to-date written policies and procedures, including service standards, for responding to and assisting in the resolution of consumer complaints about retirement homes and other complaints received by the RHRA related to its administration of the Act. 11) The RHRA is responsible for providing the Minister with timely information in relation to any matter requested by the Minister and shall also provide the information identified in the Information Sharing Protocol criteria attached as Schedule “B”C . 12) The RHRA is responsible for developing, maintaining and making publicly available on its website up-to-date written policies and procedures, including service standards, for licensing applications. 13) To better inform the public about infectious disease outbreaks in retirement homes, the RHRA is responsible for collecting and making publicly available on its website up-to-date infectious disease outbreak data regarding COVID-19 or other pandemics that is reported by retirement homes, as required by the Minister if the Minister determines that the information is not publicly available in an accessible format through the collection and publication of infectious diseases information by the Ministry of Health, Public Health Ontario or local public health agencies. 14) When able and appropriate, the RHRA shall coordinate its enforcement activities in relation to the investigation of serious incidents with the enforcement activities of other municipal, provincial and federal enforcement authorities. 15) When engaged by the Minister and in a manner specified by the Minister, in accordance with subsection 5.1(3) of this MOU, the RHRA shall collaborate in: a) the policy development process on legislative or policy changes that may affect the RHRA and its activities, including collecting specific information requested in writing by the Minister; b) supporting public and stakeholder communications and consultations regarding any proposed legislative, regulatory or policy changes; and c) the development of communication strategies for critical or on-going issues. 16) The RHRA shall promptly inform and advise the Minister regarding any information related to the administration of the Act and any urgent or critical matters that may require legislative, regulatory or policy changes or other action by the Minister. 17) The RHRA shall not use public funds or funds generated under the Act to hire Lobbyists to Lobby the provincial government. 18) If the Minister exercises any of the Minister’s powers under the Act, the RHRA shall take all necessary and advisable steps to ensure compliance with the power that has been exercised.