O. Reg. 16/21: WORK REDEPLOYMENT FOR CERTAIN HEALTH SERVICES PROVIDERS
filed January 18, 2021 under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17
Skip to contentontario regulation 16/21
made under the
Reopening Ontario (A Flexible Response to COVID-19) Act, 2020
Made: January 15, 2021
Filed: January 18, 2021
Published on e-Laws: January 18, 2021
Printed in The Ontario Gazette: February 6, 2021
Amending O. Reg. 74/20
(WORK REDEPLOYMENT FOR CERTAIN HEALTH SERVICES PROVIDERS)
1. (1) Paragraph 1.1 of Schedule A to Ontario Regulation 74/20 is revoked and the following substituted:
1.1 In this Order,
“licensee” means,
(a) in relation to a long-term care home, a licensee within the meaning of the Long-Term Care Homes Act, 2007, and
(b) in relation to a retirement home, a licensee within the meaning of the Retirement Homes Act, 2010; (“titulaire de permis”)
“long-term care home” has the same meaning as in the Long-Term Care Homes Act, 2007; (“foyer de soins de longue durée”)
“retirement home” has the same meaning as in the Retirement Homes Act, 2010. (“maison de retraite”)
(2) Paragraph 2 of Schedule A to the Regulation is amended by striking out “for patients” at the end and substituting “for patients, including, for greater certainty, by redeploying staff to another health service provider”.
(3) Schedule A to the Regulation is amended by adding the following paragraph:
2.1.1 Despite any other statute, regulation, order, policy, arrangement or agreement, including a collective agreement, health service providers are authorized to assist retirement homes including, without limitation, by providing assessments in relation to a retirement home’s infection prevention and control program, by providing clinical supervision within a retirement home and by providing nursing and personal support services, including assistance with feeding, to residents of a retirement home.
(4) Paragraph 2.2 of Schedule A to the Regulation is revoked and the following substituted:
2.2 In the circumstances described in paragraphs 2 to 2.1.1, the following rules apply:
i. Staff of a health service provider who are deployed to another health service provider or who provide assistance within a long-term care home or retirement home remain staff of the deploying health service provider.
ii. The deployment or provision of assistance shall not impact whether the deploying health service provider, the receiving health service provider, the receiving long-term care home or the receiving retirement home, as the case may be, are treated as constituting one employer for the purposes of subsection 1 (4) of the Labour Relations Act, 1995.
iii. The deploying health service provider shall not, by virtue of deploying staff or providing assistance, be considered to have sold a part of its business to the receiving health services provider, the receiving long-term care home or the receiving retirement home, as the case may be, for the purposes of section 69 of the Labour Relations Act, 1995.
(5) Sub-subparagraph 3 i A of Schedule A to the Regulation is amended by adding “or to different locations in facilities of another health services provider” at the end.
(6) Subparagraph 3 i of Schedule A to the Regulation is amended by adding the following sub-subparagraph:
A.0.1 Redeploying staff to another health service provider.
(7) Sub-subparagraph 3 i A.1 of Schedule A to the Regulation is amended by adding “or a retirement home” at the end.
Commencement
2. This Regulation comes into force on the day it is filed.