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ontario regulation 72/20

made under the

Long-Term Care Homes Act, 2007

Made: March 20, 2020
Filed: March 20, 2020
Published on e-Laws: March 23, 2020
Printed in The Ontario Gazette: April 4, 2020

Amending O. Reg. 79/10

(GENERAL)

1. Subsection 45 (1) of Ontario Regulation 79/10 is amended by adding the following paragraph:

3.  For all homes, in the case of a pandemic that prevents a registered nurse from getting to the home, and where the back-up plan referred to in clause 31 (3) (d) of this Regulation fails to ensure that the requirement under subsection 8 (3) of the Act is met,

i.  a registered nurse who works at the home pursuant to a contract or agreement with the licensee or who works at the home pursuant to a contract or agreement between the licensee and an employment agency or other third party may be used,

ii.  a registered practical nurse who is an employee of the licensee or who works at the home pursuant to a contract or agreement with the licensee or who works at the home pursuant to a contract or agreement between the licensee and an employment agency or other third party may be used if the Director of Nursing and Personal Care or a registered nurse is available for consultation, or

iii.  a member of a regulated health profession who is a staff member of the home and who has a set of skills that, in the reasonable opinion of the licensee, would allow them to provide care to a resident, may be used if the Director of Nursing and Personal Care or a registered nurse is available for consultation.

2. Section 213 of the Regulation is amended by adding the following subsection:

(6) Subsection 71 (4) of the Act and subsection (1) of this section do not apply during a pandemic.

3. Section 215 of the Regulation is amended by adding the following subsections:

(8) When a licensee hires a staff member or accepts a volunteer during a pandemic, the following modifications to the requirements of subsection 75 (1) of the Act and of subsections (1) to (5) of this section apply:

1.  Before a staff member is hired or a volunteer is accepted by a licensee, the licensee shall, subject to Column 4 of the Table to section 1 of the Schedule to the Police Record Checks Reform Act, 2015, require that the staff member or volunteer provide the licensee with a signed declaration disclosing the following matters with respect to the period since the date of their last police record check under subsection (2) was conducted, or if no such police record check has been conducted, of every occurrence of the following matters:

i.  Every offence with which they have  been charged under the Cannabis Act (Canada), the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada) and the outcome of the charge.

ii.  Every order of a judge or justice of the peace made against them in respect of an offence under the Cannabis Act (Canada), the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada), including a peace bond, probation order, prohibition order or warrant to arrest.

iii.  Every offence of which they have been convicted under the Cannabis Act (Canada), the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada).

2.  After a staff member is hired or a volunteer is accepted, the staff member or volunteer has a continuing obligation to promptly advise the licensee respecting any matter mentioned in subsection (4) each time that,

i.  the staff member or volunteer has been made aware that a charge has been laid or an order has been made against them, and

ii.  in the case of a charge, the staff member or volunteer has been convicted or a charge is otherwise disposed of.

(9) After subsection (8) has been revoked, every licensee of a long-term care home shall ensure that every staff member or volunteer who was hired or accepted while it was in force complies with the requirements under section 75 of the Act and this section within one month of the revocation, with any necessary modifications.

4. Section 218 of the Regulation is amended by adding the following subsection:

(2) Subsection 76 (3) of the Act does not apply during a pandemic, and instead, the training required under section 76 of the Act must be provided,

(a)  within one week of when the person begins performing their responsibilities, with respect to the matters set out in paragraphs 1, 3, 4, 7, 8 and 9 of subsection 76 (2) of the Act; and

(b)  within three months of when the person begins performing their responsibilities, with respect to the remaining matters set out in subsection 76 (2) of the Act.

Commencement

5. This Regulation comes into force on the day it is filed.

 

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