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O. Reg. 55/21: COMPLIANCE ORDERS FOR RETIREMENT HOMES

filed February 5, 2021 under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9

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ontario regulation 55/21

made under the

Emergency Management and Civil Protection Act

Made: February 5, 2021 (12:50 p.m.)
Filed: February 5, 2021
Published on e-Laws: February 5, 2021
Printed in The Ontario Gazette: February 20, 2021

Compliance Orders for RETIREMENT HOMES

Terms of Order

1. The terms of this Order are set out in Schedule 1.

Schedule 1

Interpretation

1. In this Order,

“licensee” has the same meaning as in in subsection 2 (1) of the Retirement Homes Act, 2010; (“titulaire de permis”)

“Registrar” has the same meaning as in subsection 2 (1) of the Retirement Homes Act, 2010; (“registrateur”)

“retirement home” has the same meaning as in subsection 2 (1) of the Retirement Homes Act, 2010. (“maison de retraite”)

Authority to make mandatory compliance orders, retirement homes in outbreak

2. (1) If the Registrar determines that there is a risk of harm to residents of a retirement home related to COVID-19, the Registrar is authorized to make an order under subsection 90 (1) of the Retirement Homes Act, 2010 ordering the licensee of the retirement home to refrain from doing something, or to do something, for the purpose of preventing, responding to or alleviating the effects of COVID-19.

(2) Without limiting the generality of subsection (1), the Registrar’s order may require the licensee to comply with the advice, recommendations and instructions of,

(a)  their local medical officer of health or designate;

(b)  hospitals; or

(c)  a manager appointed under section 91 of the Retirement Homes Act, 2010 for their retirement home.

(3) Subsection (1) applies despite any requirement or grounds set out in the Retirement Homes Act, 2010 or Ontario Regulation 166/11 (General) made under that Act, and despite any other statute, regulation, order or policy.

(4) An order made pursuant to subsection (1) shall set out the period of time during which the order is in effect, but the period shall not extend past the day this Order ceases to apply or is revoked.

(5) An order made pursuant to subsection (1) is not subject to an application for a stay under subsection 101 (2) of the Retirement Homes Act, 2010.

 

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