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Reopening Ontario (A Flexible Response to COVID-19) Act, 2020
Loi de 2020 sur la réouverture de l’Ontario (mesures adaptables en réponse à la COVID-19)

ONTARIO REGULATION 95/20

formerly under Emergency Management and Civil Protection Act

STREAMLINING REQUIREMENTS FOR LONG-TERM CARE HOMES

Consolidation Period: From July 15, 2020 to the e-Laws currency date.

Last amendment: 412/20.

Legislative History: 412/20.

This Regulation is made in English only.

Terms of Order

1. The terms of this Order are set out in Schedule 1. O. Reg. 412/20, s. 3.

Schedule 1

Definition

1. For the purposes of this Order,

“licensee” means a licensee within the meaning of subsection 2 (1) of the Long-Term Care Homes Act, 2007 (“LTCHA”).

Authority to take necessary measures

2. Revoked: O. Reg. 412/20, s. 4.

Same

3. Despite any requirement set out in the LTCHA or Ontario Regulation 79/10 (General), made under that Act, or any other statute, regulation, order or policy, licensees shall and are authorized to do the following, or are not required to do the following, as the case may be:

i., ii. Revoked: O. Reg. 412/20, s. 5 (2).

iii. Staffing:

A. Licensees may fill any staff position with the person who, in their reasonable opinion, has the adequate skills, training and knowledge to perform the duties required of that position.

B. Licensees are not required to ensure that the minimum number of staffing hours set out in the LTCHA and Ontario Regulation 79/10 are met for a position provided that all of the care requirements associated with that position are met.

C. Licensees are not required to meet the screening measures set out in the LTCHA and Ontario Regulation 79/10 provided that they adopt other measures that ensure resident care and safety.

D. Licensees are not required to meet the training and orientation requirements set out in the LTCHA and Ontario Regulation 79/10 provided that they ensure staff and volunteers take measures to ensure resident care and safety.

iv. Care requirements:

A. Licensees are not required to hold care conferences at intervals set out in Ontario Regulation 79/10 provided that they ensure care conferences take place based on the clinical needs of the resident.

B. Licensees are not required to ensure that a physical examination of a resident occurs annually, but must ensure that a physical examination occurs within a reasonable period of time after the resident’s last examination.

v. Admissions, transfers and discharges:

A. Licensees may use flexible processes for the admission, transfer and discharge of persons but nothing derogates from the requirements under the LTCHA to seek consent from such persons.

vi. Licences and management contracts:

A. Licensees are not required to follow all steps under the LTCHA and Ontario Regulation 79/10 when seeking approval from the Director to obtain a licence or management contract under the LTCHA, unless otherwise required by the Director.

vii. Administration of drugs:

A. Licensees may adopt flexible practices related to the administration of drugs to residents provided that the practices are consistent with and within the scope of practice of the person administering the drug. Nothing in this Order prevents a resident from self-administering a drug where they are already permitted to do so under Ontario Regulation 79/10.

Safe and secure environment

4. Nothing in this Order derogates from a licensee’s responsibility under the LTCHA to ensure a safe and secure environment for residents.

Licensees shall comply with Health Protection and Promotion Act

5. Despite anything in this Order, licensees shall comply with any order or directive issued under the Health Protection and Promotion Act.

O. Reg. 95/20, Sched. 1; O. Reg. 412/20, ss. 4, 5.