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

ONTARIO REGULATION 177/20

formerly under Emergency Management and Civil Protection Act

CONGREGATE CARE SETTINGS

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

Last amendment: 400/20.

Legislative History: 400/20.

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. 400/20, s. 3.

Schedule 1

Interpretation

1. (1) In this Order,

“congregate care setting service agency” means a service agency or transfer payment recipient to which this Order applies under section 2.

(2) A reference in this Order to a “staff member” of a congregate care setting service agency includes a person who performs work for the agency as an employee or as temporary staff, including a person hired through an employment agency or other third party to perform work directly at a residence operated by the agency.

(3) Despite anything else in this Order, the requirements of this Order do not apply with respect to a staff member who can perform all of their work for congregate care setting service agencies by working or providing services remotely.

Application, service agencies and transfer payment recipients

2. This Order applies to service agencies and transfer payment recipients in the following sectors:

Developmental services sector

1. Service agencies as defined under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 that provide,

i. residential services and supports to adults with developmental disabilities who reside in supported group living residences or intensive support residences, as defined in that Act, or

ii. specialized residential accommodation pursuant to an agreement with the Ministry of Children, Community and Social Services, other than specialized accommodation services that support residential living outside of group living arrangements operated by the service agency.

Violence against women/anti-human trafficking sector

2. Transfer payment recipients funded by the Ministry of Children, Community and Social Services that provide residential or emergency residential services under the Violence Against Women Support Services program or the Anti-Human Trafficking Community Supports program.

Intervenor sector

3. Transfer payment recipients funded by the Ministry of Children, Community and Social Services that provide intervenor services for persons who are deafblind in a residential setting.

Employee’s notice

3. (1) This section applies to any person who performs work as a staff member of a congregate care setting service agency in a residence operated by the agency if the person also performs work as a staff member of a congregate care setting service agency in a residence operated by a different congregate care setting service agency in the same sector.

(2) As soon as reasonably possible, and in any event no later than 9 a.m. on Monday, April 27, 2020, a person to whom this section applies shall inform each congregate care setting service agency of whom they are a staff member that they are subject to this Order.

Limit on work locations

4. Beginning at 12:01 a.m. on Thursday, April 30, 2020, a staff member of a congregate care setting service agency who performs work in a residence operated by the agency shall not also perform work as a staff member of a different congregate care setting service agency in the same sector in a residence operated by the different agency.

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 a staff member to whom this Order applies; and

(b) a staff member 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, service agencies

6. Beginning at 12:01 a.m. on Thursday, April 30, 2020, a congregate care setting service agency shall ensure that any of its staff members who perform work in a residence operated by the agency do not also perform work as a staff member in a residence operated by a different congregate care setting service agency in the same sector.

Posting of Order

7. (1) A congregate care setting service agency shall ensure that a copy of this Order is posted in each of its residences in a conspicuous and easily accessible location.

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

Work at one location during outbreak

8. (1) Where, during the time this order is in force, there is an outbreak of coronavirus (COVID-19) in a residence operated by a congregate care setting service agency, the congregate care setting service agency shall,

(a) report to the local medical officer of health; and

(b) ensure that any staff members who are determined to be exposed to the virus at the residence may be scheduled to work only at that residence until such time as the outbreak is over.

(2) For greater clarity, an occurrence of an outbreak, whether a staff member has been exposed, and whether an outbreak is over shall be determined in accordance with the advice, recommendations and instructions of public health officials

Compliance with guidelines

9. Every congregate care setting service agency shall follow any guidance, advice or recommendations from the Ministry of Health or the Chief Medical Officer of Health respecting coronavirus (COVID-19) that applies to congregate care setting service agencies to which this Order applies.

This order prevails

10. Where there is a conflict between a requirement of this Order and any other Order applying to congregate care setting service agencies, including, for greater certainty, Ontario Regulations 121/20 and 145/20, the requirement in this Order prevails.

O. Reg. 400/20, s. 4.

 

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