O. Reg. 309/21: LIMITING WORK TO A SINGLE LONG-TERM CARE HOME

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ontario regulation 309/21

made under the

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

Made: April 23, 2021
Filed: April 23, 2021
Published on e-Laws: April 26, 2021
Printed in The Ontario Gazette: May 8, 2021

Amending O. Reg. 146/20

(LIMITING WORK TO A SINGLE LONG-TERM CARE HOME)

1. Schedule 1 to Ontario Regulation 146/20 is revoked and the following substituted:

SCHEDULE 1
Limiting Work to a single Long-Term Care Home

Interpretation

1. (1) In this Order,

“health service provider” has the same meaning as in subsection 1 (2) of the Connecting Care Act, 2019, subject to section 2; (“fournisseur de services de santé”)

“long-term care home” has the same meaning as in subsection 2 (1) of the Long-Term Care Homes Act, 2007; (“foyer de soins de longue durée”)

“long-term care provider” means a health service provider within the meaning of paragraphs 4 and 5 of subsection 1 (2) of the Connecting Care Act, 2019; (“fournisseur de soins de longue durée”)

“medical officer of health” means a medical officer of health as defined in the Health Protection and Promotion Act; (“médecin-hygiéniste”)

“retirement home” means a retirement home within the meaning of the Retirement Homes Act, 2010. (“maison de retraite”)

(2) For the purposes of this Order, a person is fully immunized against COVID-19 if,

(a) they have received the total required number of doses of a COVID-19 vaccine approved by Health Canada; and

(b) they received their final dose of the COVID-19 vaccine at least 14 days ago.

Application, municipal long-term care homes

2. This Order applies to a health service provider within the meaning of paragraph 5 of subsection 1 (2) of the Connecting Care Act, 2019 only in relation to long-term care homes the health service provider maintains.

Limit on work locations

3. (1) An employee of a long-term care provider who performs work in a long-term care home operated or maintained by the long-term care provider shall not also perform work,

(a) in another long-term care home operated or maintained by the long-term care provider;

(b) as an employee of any other health service provider; or

(c) as an employee of a retirement home.

(2) Subsection (1) does not apply with respect to an employee who is fully immunized against COVID-19, unless otherwise directed by a medical officer of health.

Effect of compliance

4. For greater certainty,

(a) subsection 7.0.2 (6) of the Emergency Management and Civil Protection Act applies with respect to an employee to whom this Order applies; and

(b) an employee to whom this Order applies shall comply with section 3 even if doing so would not be in compliance with the provisions of a collective agreement.

Limit on work locations, long-term care provider

5. (1) A long-term care provider shall ensure that any employee who performs work in a long-term care home it operates or maintains is not also performing work,

(a) in another long-term care home operated or maintained by the long-term care provider;

(b) as an employee of any other health service provider; or

(c) as an employee of a retirement home.

(2) Subsection (1) does not apply with respect to an employee who is fully immunized against COVID-19, unless otherwise directed by a medical officer of health.

Posting of Order

6. A long-term care provider shall ensure that a copy of this Order is posted in the long-term care home in a conspicuous and easily accessible location in a manner that complies with the regulations made under the Long-Term Care Homes Act, 2007.

Commencement

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

 

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