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O. Reg. 146/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - LIMITING WORK TO A SINGLE LONG-TERM CARE HOME

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

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Versions
current July 15, 2020 (e-Laws currency date)
April 14, 2020 July 14, 2020

Emergency Management and Civil Protection Act

ONTARIO REGULATION 146/20

ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - LIMITING WORK TO A SINGLE LONG-TERM CARE HOME

Historical version for the period April 14, 2020 to July 14, 2020.

Note: This Order is revoked on July 22, 2020, unless it is extended. (See s. 7.0.8 of the Act and O. Reg. 106/20, Sched. 1)

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 section 50.1 of the Employment Standards Act, 2000 provides for emergency leave for employees in declared emergencies and infectious disease emergencies;

Now Therefore, this Order is made pursuant to subsection 7.0.2 (4) of the Act, in particular paragraphs 8, 12 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

Interpretation

1. In this Order,

“health service provider” has the same meaning as in subsection 1 (2) of the Connecting Care Act, 2019, subject to section 2; (“fournisseur de services de santé”)

“long-term care home” has the same meaning as in subsection 2 (1) of the Long-Term Care Homes Act, 2007; (“foyer de soins de longue durée”)

“long-term care provider” means a health service provider within the meaning of paragraphs 4 and 5 of subsection 1 (2) of the Connecting Care Act, 2019; (“fournisseur de soins de longue durée”)

“retirement home” means a retirement home within the meaning of the Retirement Homes Act, 2010. (“maison de retraite”)

Application, municipal long-term care homes

2. This Order applies to a health service provider within the meaning of paragraph 5 of subsection 1 (2) of the Connecting Care Act, 2019 only in relation to long-term care homes the health service provider maintains.

Employee’s notice

3. (1) This section applies to any person who performs work as an employee of a long-term care provider if the person also performs work as an employee of,

(a)  any other health service provider; or

(b)  a retirement home.

(2) As soon as reasonably possible, and in any event no later than 5:00 p.m. on Friday, April 17, 2020, a person to whom this section applies shall inform each of the person’s employers that they are subject to this Order.

(3) A person’s obligation to inform employers under this section only applies with respect to the person’s employers that are health service providers or retirement homes.

Limit on work locations

4. Beginning at 12:01 a.m. on Wednesday, April 22, 2020, an employee of a long-term care provider who performs work in a long-term care home operated or maintained by the long-term care provider shall not also perform work,

(a)  in another long-term care home operated or maintained by the long-term care provider;

(b)  as an employee of any other health service provider; or

(c)  as an employee of a retirement home.

Effect of compliance

5. For greater certainty,

(a)  subsection 7.0.2 (6) of the Act applies with respect to an employee to whom this Order applies; and

(b)  an employee to whom this Order applies shall comply with sections 3 and 4 even if doing so would not be in compliance with the provisions of a collective agreement.

Limit on work locations, long-term care provider

6. Beginning at 12:01 a.m. on Wednesday, April 22, 2020, a long-term care provider shall ensure that any employee who performs work in a long-term care home it operates or maintains is not also performing work,

(a)  in another long-term care home operated or maintained by the long-term care provider;

(b)  as an employee of any other health service provider; or

(c)  as an employee of a retirement home.

Posting of Order

7. (1) A long-term care provider shall ensure that a copy of this Order is posted in the long-term care home in a conspicuous and easily accessible location in a manner that complies with the regulations made under the Long-Term Care Homes Act, 2007.

(2) For greater certainty, this Order is essential information for the purposes of posting.