O. Reg. 240/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - MANAGEMENT OF RETIREMENT HOMES IN OUTBREAK

Emergency Management and Civil Protection Act

ONTARIO REGULATION 240/20

ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT — MANAGEMENT OF RETIREMENT HOMES IN OUTBREAK

Historical version for the period May 29, 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;

Now Therefore, this Order is made pursuant to subsection 7.0.2 (4) of the Act, in particular paragraphs 4, 6, and 14 of that subsection, the terms of which are set out in Schedule 1;

And Further, this Order applies generally throughout Ontario.

SCHEDULE 1

Interpretation

1. In this Order,

“Registrar” has the same meaning as in subsection 2 (1) of the Retirement Homes Act, 2010; (“registrateur”)

“retirement home” has the same meaning as in subsection 2 (1) of the Retirement Homes Act, 2010; (“maison de retraite”)

Authority to make mandatory management orders, retirement homes in outbreak

2. (1) The Registrar is authorized to make an order under subsection 91 (1) of the Retirement Homes Act, 2010 with respect to a retirement home where there is a risk of harm to residents of that home related to the coronavirus (COVID-19), if at least one resident or staff member in the retirement home has tested positive for that virus in a laboratory test.

(2) Subsection (1) applies despite any requirement or grounds set out in the Retirement Homes Act, 2010 or Ontario Regulation 166/11 (General) made under that Act, and despite any other statute, regulation, order or policy.

(3) An order made pursuant to subsection (1) shall set out the period of time during which the order is in effect, but the period shall not extend past the day this Order is revoked.

(4) An order made pursuant to subsection (1) shall set out the name of the person who is to manage the retirement home.

(5) An order made pursuant to subsection (1) is not subject to an application for a stay under subsection 101 (2) of the Retirement Homes Act, 2010.