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ontario regulation 451/18

made under the

Long-Term Care Homes Act, 2007

Made: October 17, 2018
Filed: October 24, 2018
Published on e-Laws: October 24, 2018
Printed in The Ontario Gazette: November 10, 2018

Amending O. Reg. 79/10

(GENERAL)

1. Subsection 86 (4) of Ontario Regulation 79/10 is amended by striking out “criminal reference check” and substituting “police record check”.

2. Section 98 of the Regulation is amended by striking out “police force” and substituting “police service”.

3. (1) Subsections 215 (1) to (4) of the Regulation are revoked and the following substituted:

Police record check

(1) This section applies where a police record check is required before a licensee hires a staff member or accepts a volunteer as set out in subsection 75 (2) of the Act.

(2) The police record check must be,

(a) conducted by a police record check provider within the meaning of the Police Record Checks Reform Act, 2015; and

(b) conducted within six months before the staff member is hired or the volunteer is accepted by the licensee.

(3) The police record check must be a vulnerable sector check referred to in paragraph 3 of subsection 8 (1) of the Police Record Checks Reform Act, 2015, and be conducted to determine the person’s suitability to be a staff member or volunteer in a long-term care home and to protect residents from abuse and neglect.

(4) Subject to Column 4 of the Table to section 1 of the Schedule to the Police Record Checks Reform Act, 2015, the licensee shall require that the staff member or volunteer provide the licensee with a signed declaration disclosing the following with respect to the period since the date the person’s last police record check under subsection (2) was conducted:

1.   Every offence with which the person has been charged under the Cannabis Act (Canada), the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada) and the outcome of the charge.

2.   Every order of a judge or justice of the peace made against the person in respect of an offence under the Cannabis Act (Canada), the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada), including a peace bond, probation order, prohibition order or warrant to arrest.

3.   Every offence of which the person has been convicted under the Cannabis Act (Canada), the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada).

(2) Subsection 215 (8) of the Regulation is revoked.

4. Paragraph 3 of subsection 234 (1) of the Regulation is amended by striking out “criminal reference check” and substituting “police record check”.

Commencement

5. (1) Subject to subsection (2), this Regulation comes into force on November 1, 2018.

(2) Section 2 comes into force on the day subsection 2 (1) of Schedule 1 to the Safer Ontario Act, 2018 comes into force.

 

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