O. Reg. 174/20: ORDER MADE UNDER SUBSECTION 7.0.2 (4) OF THE ACT
filed April 24, 2020 under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9Skip to content
ontario regulation 174/20
made under the
Emergency Management and Civil Protection Act
Made: April 24, 2020 (5:45 pm)
Filed: April 24, 2020
Published on e-Laws: April 27, 2020
Printed in The Ontario Gazette: May 9, 2020
Amending O. Reg. 74/20
(ORDER MADE UNDER SUBSECTION 7.0.2 (4) OF THE ACT)
1. The first paragraph of Ontario Regulation 74/20 is amended by adding “and has been extended pursuant to section 7.0.7 of the Act” at the end.
2. The Regulation is amended by adding the following paragraph before Schedule A:
And Further, this Order shall be in effect for the duration of the declared emergency, subject to section 7.0.8 of the Act.
3. Schedule A to the Regulation is amended by adding the following paragraphs:
1.1 In this Order, “licensee” and “long-term care home” have the same meaning as in the Long-Term Care Homes Act, 2007.
. . . . .
2.1 Despite any other statute, regulation, order, policy, arrangement or agreement, including a collective agreement, health service providers are authorized to assist long-term care homes including, without limitation, by providing assessments in relation to a long-term care home’s infection prevention and control program, by providing clinical supervision within a long-term care home and by providing nursing and personal support services, including assistance with feeding, to residents of a long-term care home.
2.2 In the circumstances described in paragraph 2.1, the following rules apply for the duration of this Order:
i. Staff of a health service provider who provide assistance within a long-term care home remain staff of the health service provider.
ii. The provision of assistance shall not impact whether the health service provider and the licensee of the long-term care home are treated as constituting one employer for the purposes of subsection 1 (4) of the Labour Relations Act, 1995.
iii. The health service provider shall not, by virtue of providing the assistance, be considered to have sold a part of its business to the licensee of the long-term care home for the purposes of section 69 of the Labour Relations Act, 1995.
4. Subparagraph 3 i of Schedule A to the Regulation is amended by adding the following sub-subparagraph:
A.1 Redeploying staff to provide assistance described in paragraph 2.1 within a long-term care home.