Where the MOHLTC Clause Samples
The 'Where the MOHLTC' clause defines specific circumstances or actions that involve the Ministry of Health and Long-Term Care (MOHLTC) within the context of an agreement or policy. Typically, this clause outlines the rights, responsibilities, or procedures that are triggered when the MOHLTC takes certain actions, such as issuing directives, providing funding, or requesting information. For example, it may specify what happens if the MOHLTC changes regulations or requires compliance with new standards. The core function of this clause is to clarify the relationship between the parties and the MOHLTC, ensuring that all parties understand their obligations and the process to follow when the MOHLTC is involved, thereby reducing ambiguity and potential disputes.
Where the MOHLTC a) Has entered into a Development Agreement with a LTCH Health Service Provider or a proposed LTCH Health Service Provider (an “Operator”);
b) Has consented to the grant of a security interest to a Lender under the Development Agreement; and
c) Has directed the LHIN to consent to the assignment of the Operator’s rights under a SAA, then the LHIN,
d) Shall deliver to the Lender a commitment, in the MOHLTC’s standard form, to provide the LHIN’s consent to the assignment of the Operator’s rights under the SAA between the Operator and the LHIN;
e) Upon the grant of a licence to the Operator in respect of the Home, and for so long as a CFS is to be paid in respect of the Home, shall consent to the grant of a security interest in the SAA between the LHIN and the Operator in respect of the Home, provided that:
(i) The security interest in the SAA may only be exercised together with the exercise of a security interest in the licence for the beds; and
(ii) The security interest is subject to all applicable statutory requirements and restrictions, including section 107 of the LTCHA and sections 2(2), 19 and 20 of the LHSIA; and
f) Shall amend section 15.8 of the SAA in respect of the Home to remove the following sentence: “No assignment or subcontract shall relieve the HSP from its obligations under the Agreement or impose any liability upon the LHIN to any assignee or subcontractor.” Beds in Abeyance
Where the MOHLTC chooses to devolve a province-wide program to the LHINs, the MOHLTC will identify a Lead LHIN, and the particular terms and conditions applicable to the funding and administration of the province-wide program after its devolution, and provide this information to all LHINs. When the MOHLTC is advised by the LHINs that the devolution of the province-wide program has been accepted, the MOHLTC will add the accountability for the devolved province-wide program to its accountability agreement with the Lead LHIN.
3.2.3 The LHIN will
(i) Consider and respond to any request by the MOHLTC to devolve a province- wide program to the LHINs in accordance with the terms of the “Agreement Concerning the Devolution of Provincial Programs” effective April 1, 2011, also known as the Lead LHIN Model Agreement;
(ii) Abide by any program specific terms and conditions identified by the MOHLTC in respect of the devolved province-wide program;
(iii) Administer the devolved province-wide program in accordance with the terms and conditions of the Lead LHIN Model Agreement;
(iv) Post a copy of the Lead LHIN Model Agreement on its website; and
(v) Confirm any proposed changes to the Lead LHIN Model Agreement with the MOHLTC prior to implementation.
3.2.4 The governance and administration of each devolved provincial program may be reviewed by the LHINs and the MOHLTC as required.