O. Reg. 318/21: LIMITING WORK TO A SINGLE RETIREMENT HOME, Filled April 23, 2021 under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17
ontario regulation 318/21
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. 158/20
(LIMITING WORK TO A SINGLE RETIREMENT HOME)
1. Schedule 1 to Ontario Regulation 158/20 is revoked and the following substituted:
SCHEDULE 1
Limiting Work to a Single Retirement 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”)
“licensee” has the same meaning as in subsection 2 (1) of the Retirement Homes Act, 2010; (“titulaire de permis”)
“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”)
“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 licensee who performs work in a retirement home shall not also perform work,
(a) in another retirement home operated by the licensee;
(b) as an employee of another licensee; or
(c) as an employee of a health service provider.
(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, licensee
5. (1) A licensee shall ensure that any employee in a retirement home it operates is not also performing work,
(a) in another retirement home, including another retirement home operated by the licensee; or
(b) as an employee of a health service provider.
(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 licensee shall ensure that a copy of this Order is posted in each retirement home that the licensee operates in a conspicuous and easily accessible location in a manner that complies with the regulations made under the Retirement Homes Act, 2010.
Conflict
7. In the event of a conflict between this Order and Ontario Regulation 118/20 (Work Deployment Measures in Retirement Homes), this Order prevails.
2. This Regulation comes into force on the day it is filed.