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O. Reg. 158/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - LIMITING WORK TO A SINGLE RETIREMENT HOME

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

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current April 16, 2020 (e-Laws currency date)

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Emergency Management and Civil Protection Act

ONTARIO REGULATION 158/20

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

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 16, 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 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”)

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

“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”)

“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 with respect 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 licensee if the person also performs work as an employee of,

(a) any other licensee; or

(b) a health service provider.

(2) As soon as reasonably possible, and in any event no later than 9:00 a.m. on Monday, April 20, 2020, a person to whom this section applies shall inform each of the person’s employers that the person is subject to this Order.

(3) A person’s obligation to inform employers only applies with respect to the person’s employers that are licensees or health service providers.

Limit on work locations

4. Beginning at 12:01 a.m. on Wednesday, April 22, 2020, an employee of a licensee who performs work in a retirement home shall not also perform work,

(a) in another retirement home operated by the licensee;

(b) as an employee of another licensee; or

(c) as an employee of a health service provider.

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, licensee

6. Beginning at 12:01 a.m. on Wednesday, April 22, 2020, a licensee shall ensure that any employee in a retirement home it operates is not also performing work,

(a) in another retirement home, including another retirement home operated by the licensee; or

(b) as an employee of a health service provider.

Posting of Order

7. A licensee shall ensure that a copy of this Order is posted in each retirement home that the licensee operates in a conspicuous and easily accessible location in a manner that complies with the regulations made under the Retirement Homes Act, 2010.

Conflict

8. In the event of a conflict between this Order and Ontario Regulation 118/20 (Order Under Subsection 7.0.2 (4) of the Act - Work Deployment Measures in Retirement Homes) made under the Act, this Order prevails.

 

 

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