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O. Reg. 140/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - AGREEMENTS BETWEEN HEALTH SERVICE PROVIDERS AND RETIREMENT HOMES

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

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current April 9, 2020 (e-Laws currency date)

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Emergency Management and Civil Protection Act

ONTARIO REGULATION 140/20

ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - AGREEMENTS BETWEEN HEALTH SERVICE PROVIDERS AND RETIREMENT HOMES

Note: This Order is revoked on May 29, 2020, unless it is extended. (See s. 7.0.8 of the Act and O. Reg. 106/20, Sched. 1)

Consolidation Period:  From April 9, 2020 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Whereas an emergency was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the “Act”) and has been extended pursuant to section 7.0.7 of the Act;

And Whereas the criteria set out in subsection 7.0.2 (2) of the Act have been satisfied;

And Whereas in light of the impacts of the coronavirus (COVID-19), many Ontario health service providers are experiencing severe space shortages and it is anticipated that there will be even further need to open up space and beds in anticipation of a continued surge of patients who have the coronavirus (COVID-19);

And Whereas there is an urgent necessity to increase capacity and address pressures on health service providers resulting from the coronavirus (COVID-19) pandemic, including supporting health service providers to find alternative accommodation or care for patients;

And Whereas it is necessary to address certain legislative provisions that are impeding the ability to optimize the participation of retirement homes in accommodating certain patients;

Now Therefore, this Order is made pursuant to subsection 7.0.2 (4) of the Act, in particular paragraphs 4 and 14 of that subsection, the terms of which are set out in Schedule 1;

And Further, this Order applies generally throughout Ontario;

And Further, this Order shall be in effect for the duration of the declared emergency, subject to section 7.0.8 of the Act.

Schedule 1
Health Service Providers and Retirement Homes

Application and interpretation

1. (1) This Order applies to health service providers within the meaning of paragraphs 1, 2 and 3 of the definition of “health service provider” in subsection 1 (2) of the Connecting Care Act, 2019.

(2) In this Order,

“care service” has the same meaning as in the Retirement Homes Act, 2010; (“service en matière de soins”)

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

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

Application

2. This Order applies in circumstances where a health service provider and the licensee of a retirement home have, in response to the emergency, entered into an agreement or any other arrangement to have the retirement home provide alternative space, accommodation or care services for patients of the health service provider, or former patients of the health service provider who were discharged during the emergency, on a temporary, short-term basis.

Non-application of certain provisions

3. (1) In the circumstances described in section 2, the following rules apply for the duration of this Order:

1. The agreement or arrangement described in section 2 shall not impact whether the health service provider or the retirement home are considered to be a hospital for the purposes of the Hospital Labour Disputes Arbitration Act.

2. The agreement or arrangement described in section 2 shall not impact whether the health service provider and the licensee of the retirement home are treated as constituting one employer for the purposes of subsection 1 (4) of the Labour Relations Act, 1995.

3. The health service provider shall not, by virtue of the agreement or arrangement described in section 2, be considered to have sold a part of its business to the licensee of the retirement home for the purposes of section 69 of the Labour Relations Act, 1995.

(2) For greater certainty, paragraph 1 of subsection (1) does not,

(a) change the status of a retirement home under the Hospital Labour Disputes Arbitration Act that,

(i) was already a hospital for the purposes of that Act before the agreement or arrangement described in section 2 was made, or

(ii) would be considered to be a hospital under that Act for reasons that are unrelated to the agreement or arrangement described in section 2; or

(b) change the status of a health service provider under the Hospital Labour Disputes Arbitration Act, including with respect to any operations conducted by the health service provider at a retirement home by virtue of the agreement or arrangement described in section 2.

No derogation from responsibilities

4. Nothing in this Order derogates from a licensee’s responsibility under the Retirement Homes Act, 2010 and other applicable legislation to ensure a safe and secure environment for residents.

 

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