This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II.

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Homemakers’ Services Regulations

made under Section 7 of the

Homemakers’ Services Act

R.S.N.S. 1989, c. 201

O.I.C. 82-224 (effective February 16, 1982), N.S. Reg. 23/1982

as amended up to and including O.I.C. 91-540 (effective May 1, 1991), N.S. Reg. 90/1991

 

1        These regulations may be cited as the Homemakers’ Services Regulations.

 

2        These regulations come into force and apply on and after the 16th day of February, 1982.

 

3        In these regulations

 

                   (a)      “Act” means the Homemakers’ Services Act.

 

                   (b)     “health care services” means services which would normally be provided by medical personnel such as a physician, a registered nurse, or a physiotherapist.

 

                   (c)      “homemaker” means an individual who is in the employ of an agency and who provides the services described in subsection (2) of Section 4.

 

                   (d)     “persons in need” means persons who are in receipt of family benefits under the Family Benefits Act, assistance under the Municipal Assistance Act, or whose income by family size does not exceed the guidelines established by the Department of Community Services of the Province of Nova Scotia.

 

4        (1)    In order for an agency to be eligible to receive funding under the Act and these regulations, the agency shall satisfy the Minister that the homemakers’ services provided by the agency do not include the provision of health care services.

 

          (2)    An agency may provide homemakers’ services to families or individuals for the purpose of assisting in

 

                   (a)      the care of children,

 

                   (b)     maintaining good housekeeping standards,

 

                   (c)      the preparation of meals,

 

                   (d)     the managing of income and expenses,

 

                   (e)      the development of parenting skills,

 

                   (f)      the maintenance of personal hygiene and grooming, and

 

                   (g)     respite care.

 

5        The Minister may refuse to provide, or may refuse to continue to provide, funding to an agency which

 

                   (a)      does not comply with the requirements of the Act and the regulations;

 

                   (b)     provides services in connection with homemakers’ services which the Minister considers to be health care services;

 

                   (c)      provides services which in the opinion of the Minister are inadequate, inappropriate, or unsatisfactory;

 

                   (d)     refuses to participate in the staff training and development programs which the Minister considers necessary;

 

                   (e)      fails to provide adequate and appropriate liability insurance in respect of the homemakers’ services provided by the agency.

 

6        An agency requesting funding from the Minister shall provide the Minister with such information as he may require concerning the homemakers’ services including

 

                   (a)      a proposed budget for the fiscal period for which the agency is requesting funding;

 

                   (b)     statistical information showing the need for the homemakers’ services;

 

                   (c)      an indication of the geographical area to be served;

 

                   (d)     sources of revenue other than funds from the Minister;

 

                   (e)      the proposed personnel complement of the agency and job descriptions for each position.

 

7        (1)    The funding provided to an agency shall be for a single fiscal period and shall be calculated on the basis of

 

                   (a)      the information provided by the agency pursuant to Section 6 of these regulations;

 

                   (b)     the budget and the personnel complement which are approved by the Minister; and

 

                   (c)      the costs which relate to the provision of homemakers’ services to persons in need.

 

          (2)    Agencies which require funds on a yearly basis shall make an application to the Minister yearly at the times specified by the Minister.

 

8        The funding provided to an agency by the Minister shall be whichever is the greater of

 

                   (a)      75% of the approved budget of the agency; or

 

                   (b)     the percentage of the approved budget which is equal to the percentage prescribed in Appendix “A” for the agency involved.

 

9        (1)    The agency shall be responsible for developing an orientation program for its staff and for providing ongoing staff training, and for supervision of the daily performance of the homemakers in the employ of the agency.

 

          (2)    Personnel who are engaged in the provision of homemakers’ services in an agency which is receiving funding from the Minister shall

 

                   (a)      be in good physical and mental health;

 

                   (b)     have qualifications which enable them to provide the types of services listed in [sub]section 4(2) of these regulations; and

 

                   (c)      be suitable to be placed in a position of trust.

 

10      In order to receive funding from the Minister, an agency shall satisfy the Minister that

 

                   (a)      the cost of providing homemakers’ services to persons who are not in need is being paid for either by the client or by funds provided to or raised by the agency from a source other than the Minister;

 

                   (b)     the percentage of the budget of the agency which is not funded by the Minister pursuant to Section 8 will be provided to or raised by the agency from a source other than the Minister; and

 

                   (c)      there is an agreement or undertaking by the appropriate municipal unit to ensure that any deficit in respect of the percentage of the budget of the agency which is not funded by the Minister and which the agency is unable to provide for from other sources will be paid for by the municipal unit.

 

11      An agency shall require every applicant for homemakers’ services to provide the agency with information concerning the need of the applicant for homemakers’ services and financial information concerning the ability of the applicant to pay for the homemakers’ services.

 

12      The agency shall consult with the appropriate municipal unit and determine if and to what extent the municipal unit is prepared to provide funding to the agency.

 

13      (1)    An agency shall maintain accurate and up-to-date records in relation to all clients receiving homemakers’ services.

 

          (1A) These records shall be maintained for a period of not less than three years from the date of the last provision of service to a client.

 

          (2)    The agency shall ensure that the records relating to clients are maintained in such a way as to protect the physical safety and security of the records, as well as the maintenance of confidentiality of the contents of the records.

 

14      (1)    Except in an emergency situation, a homemaker shall not administer drugs to a client.

 

          (2)    A homemaker may ensure that the client takes medication as prescribed by a physician.

 

15      The Minister shall have the right to examine the records and accounts of the agency or to authorize a person to do so on his behalf and an agency shall permit the Minister or his designate to do so.

 

16      The Minister may establish a Homemakers’ Services Advisory Committee consisting of at least ten (10) members and a chairman to be appointed by the Minister. The role and function of the Committee is to advise the Minister on all aspects of the homemakers’ services program.

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Appendix “A”

 

1        For the purposes of Section 8 the following percentages are hereby prescribed:

Agency	Percentage
Antigonish and Area Homemakers’ Services	83.5
Municipality of Clare	88.0
Municipality of Digby County	82.0
Family & Children’s Services of Annapolis Co.	78.0
Family & Children’s Services of Cumberland Co.	81.0
Northside Visiting Homemakers’	81.0
Municipality of Guysborough Co.	91.0
Town of Mulgrave	81.0
Hants Community Outreach	77.0
Municipality of Antigonish Co.	92.0
Municipality of Halifax Co.	78.0
Town of New Waterford	93.0
Pictou County Family Aid Corps	78.0
Municipality of Barrington	85.0
Municipality of Yarmouth Co.	81.3
Municipality of Argyle	81.3
Town of Yarmouth	81.3
Municipality of St. Mary’s	84.0
Town of Clarks Harbour	85.0

 

 

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Legislative History
Reference Tables

Homemakers’ Services Regulations	N.S. Reg. 23/1982
Homemakers' Services Act
Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Homemakers’ Services Regulations made under the Homemakers’ Services Act includes all of the following regulations:

N.S. Regulation	In force  date*	How in force	Royal Gazette Part II Issue
23/1982	Feb 16, 19824	date specified	Mar 11, 1982
79/1982	Apr 13, 1982	date made	May 6, 1982
90/1991	May 1, 1991	date specified	May 17, 1991

The following regulations are not yet in force and are not included in the current consolidation:

N.S. Regulation	In force  date*	How in force	Royal Gazette Part II Issue

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added  am. = amended	fc. = fee change ra. = reassigned		rep. = repealed rs. = repealed and substituted
Provision affected		How affected
2 ........................................................		rs. 79/19824
4(2)(g)5………………………….		ad. 90/1991
5(e)………………………………		ad. 90/1991
10(c)……………………………..		ad. 90/1991

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

	Note	Effective date
1	The Municipal Assistance Act referred to in s. 3(d) does not exist as an NS statute.  Reference is possibly intended to be to the Municipal Assistance Regulations (N.S. Reg. 76/1981).
2	S. 4(2)(i) to (vii) numbered as subclauses in original text redesignated as 4(2)(a) to (g) for the purposes of this consolidation.
3	S. 13(1) in original text contains 2 sentences.  Second sentence redesignated as s. 13(1A) for the purposes of this consolidation.
4	The effective date of these regulations is specified in both the order and s. 2 of the regulations.  S. 2 was replaced by N.S. Reg. 79/1982.  The original date specified in s. 2 was February 15, 1982.
5	Amendment to s. 4(2)(vii) made by N.S. Reg. 90/1991 applied to s. 4(2)(g) as redesignated for the purposes of this consolidation.

Repealed and Superseded

N.S. Regulation	Title	In force date	Repealed date

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.

 

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