ontario regulation 338/04

made under the

homes for the aged and rest homes act

Made: October 20, 2004
Filed: October 22, 2004
Printed in The Ontario Gazette: November 6, 2004

Amending Reg. 637 of R.R.O. 1990

(General)

1. Subsection 1 (1) of Regulation 637 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“dietitian” means a member of the College of Dietitians of Ontario who holds a general certificate of registration under the Dietetics Act, 1991;

2. Section 3 of the Regulation is amended by adding the following subsection:

(3) Despite subsections (1) and (2), the municipality, municipalities or board maintaining and operating a home shall ensure that at least one registered nurse who is a member of the regular nursing staff of the home is on duty and present in the home at all times.

3. The Regulation is amended by adding the following section:

12.9.1 A person shall be placed in category 1A1 on the waiting list for a home if,

(a) the person does not meet the requirements for placement in category 1A;

(b) the person’s spouse or partner is a long-stay resident of the home or neither the person nor his or her spouse or partner is a long-stay resident of the home but both wish to reside in the home; and

(c) the person meets the eligibility criteria set out in subsection 8 (1).

4. Clause 12.10 (a) of the Regulation is amended by adding “or 1A1” after “1A” at the end.

5. (1) Clause 12.11 (1) (a) of the Regulation is amended by striking out “1A or 1B” and substituting “1A, 1A1 or 1B”.

(2) Clause 12.11 (2) (a) of the Regulation is amended by striking out “1A or 1B” at the end and substituting “1A, 1A1 or 1B”.

(3) Clause 12.11 (3) (a) of the Regulation is amended by striking out “1A or 1B” at the end and substituting “1A, 1A1 or 1B”.

(4) Clause 12.11 (4) (a) of the Regulation is amended by striking out “1A or 1B” and substituting “1A, 1A1 or 1B”.

(5) Subsection 12.11 (5) of the Regulation is revoked and the following substituted:

(5) A person shall be placed in category 2 on the waiting list for a home if,

(a) the person does not meet the requirements for placement in category 1A , 1A1 or 1B;

(b) the person’s spouse or partner is a long-stay resident of the home or neither the person nor his or her spouse or partner is a long-stay resident of the home but both wish to reside in the home; and

(c) the person meets the eligibility criteria set out in section 10.

6. Subsection 12.20 (2) of the Regulation is revoked and the following substituted:

(2) If a person who is on the waiting list for a home should be placed in a different category on the waiting list as a result of amendments made to this Regulation by Ontario Regulation 120/02 or 338/04, the placement co-ordinator keeping the waiting list shall place the person in the different category.

7. Section 17.2 of the Regulation is amended by adding the following subsections:

(2) Without restricting the generality of any of the requirements of subsection (1), the nursing staff of each home shall ensure that each resident receives at least two baths or showers a week, unless there is a medical reason for the resident not to receive the baths or showers.

(3) In subsection (2),

“bath” means a tub bath or full body sponge bath.

8. The Regulation is amended by adding the following section:

Nutritional Care

68.1 The municipality, municipalities or board maintaining and operating a home shall ensure that the following are reviewed and approved in writing at least once a year by the home’s dietitian:

1. The home’s planned menu for all diets, including regular, therapeutic and special diets, texture modification and snacks.

2. The home’s menu cycle.

9. Tables 4 and 5 of the Regulation are revoked and the following substituted:

TABLE 4
RANKING OF WAITING LIST CATEGORIES

	Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Class of Beds	Beds in a related temporary home, other than veterans’ priority access beds	Beds in a re‑opened home, other than veterans’ priority access beds	Beds in a replacement home, other than veterans’ priority access beds	Veterans’ priority access beds in a home, other than a related temporary, re‑opened or replacement home	Veterans’ priority access beds in a related temporary, re‑opened or replacement home	All other beds in a home
Waiting List Categories	Related temporary	Re-opened	Replacement	Veteran	Veteran	Exchange
	Exchange	Exchange	Exchange	Exchange	Related temporary, re‑opened or replacement, as applicable	1A
	1A	1A	1A	1A	Exchange	1A1
	1A1	1A1	1A1	1A1	1A	1B
	1B	1B	1B	1B	1A1	2
	2	2	2	2	1B	3
	3	3	3	3	2
					3

TABLE 5
RULES FOR RANKING WITHIN CATEGORIES

Item	Column 1	Column 2
	Category	Rules
1.	Related temporary, re-opened and replacement home	Persons shall be ranked according to the date of their admission to the original home.
2.	Veteran	(a) Veterans who require immediate admission as a result of a crisis arising from their condition or circumstances shall rank ahead of all other veterans.
		(b) As among themselves, veterans who require immediate admission as a result of a crisis arising from their condition or circumstances shall be ranked according to the urgency of their need for admission.
		(c) Veterans who do not require immediate admission as a result of a crisis arising from their condition or circumstances but are continuum of care applicants on the waiting list for the continuum of care home shall rank ahead of all other veterans who do not require immediate admission as a result of a crisis arising from their condition or circumstances.
		(d) As among themselves, veterans who do not require immediate admission as a result of a crisis arising from their condition or circumstances but are continuum of care applicants shall be ranked according to the time at which they applied for authorization of their admission to the home.
		(e) As among themselves, veterans who do not require immediate admission as a result of a crisis arising from their condition or circumstances and are not continuum of care applicants shall be ranked according to the time at which they applied for authorization of their admission to the home.
3.	1A	Persons shall be ranked according to the urgency of their need for admission.
3.1	1A1	Persons shall be ranked according to the time at which their spouses or partners applied for authorization of their admission to the home.
4.	All categories, other than those in items 1, 2, 3, 3.1 and 5	(a) Persons who are continuum of care applicants on the waiting list for the continuum of care home shall rank ahead of all other persons in the same category.
		(b) As among themselves, persons in the same category who are continuum of care applicants shall be ranked according to the time at which they applied for authorization of their admission to the home.
		(c) As among themselves, persons in the same category who are not continuum of care applicants shall be ranked according to the time at which they applied for authorization of their admission to the home.
5.	Short-stay	Persons shall be ranked according to the time at which they applied for authorization of their admission to the home.

10. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Sections 1, 7 and 8 come into force on January 1, 2005.

(3) Section 2 comes into force on February 1, 2005.