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Reopening Ontario (A Flexible Response to COVID-19) Act, 2020

ONTARIO REGULATION 158/20

formerly under Emergency Management and Civil Protection Act

LIMITING WORK TO A SINGLE RETIREMENT HOME

Historical version for the period July 15, 2020 to April 22, 2021.

Last amendment: 398/20.

Legislative History: 398/20.

This is the English version of a bilingual regulation.

Terms of Order

1. The terms of this Order are set out in Schedule 1. O. Reg. 398/20, s. 3.

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 Emergency Management and Civil Protection 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 (Work Deployment Measures in Retirement Homes), this Order prevails.

O. Reg. 158/20; O. Reg. 398/20, s. 4.