160 (1) This section applies, (a) subject to the regulations, if any, if a long-term care home supervisor occupies and operates a long-term care home pursuant to an order under section 159 with respect to the suspension of a licence; (b) if a long-term care home supervisor occupies and operates a long-term care home pursuant to an order under section 159 with respect to the revocation of a licence; and (c) subject to the regulations, if any, if a long-term care home supervisor occupies and operates a long-term care home pursuant to an appointment under subsection 159 (5) where a licence has expired or been surrendered by the licensee. Continuation of employment (2) The long-term care home supervisor may continue the employment of some or all of the employees of the licensee at the home. Employees not continued by supervisor (3) The non-continuation of an employee’s employment under subsection (2) does not affect the employment relationship between the employee and the licensee or their respective rights against, and obligations to, each other, including under any contract of employment or collective agreement. Long-term care home supervisor directs continued employees (4) An employee whose employment is continued under subsection (2) remains the employee of the licensee, but during the period during which the long-term care home supervisor occupies and operates the home, the long-term care home supervisor is solely responsible for the direction of the employee and has the rights, obligations and authority that the long-term care home supervisor would have if the long-term care home supervisor were the employer. Certain termination and severance pay (5) The following apply with respect to all employees of the licensee at the home: 1. If the employee’s employment is terminated by the licensee during the period during which the long-term care home supervisor occupies and operates the home, the Crown shall pay the employee any termination pay, severance pay and entitlements owing under subsections 61 (1) and 64 (1) of the Employment Standards Act, 2000 that the licensee fails to pay. 2. The obligation to pay under paragraph 1 is limited to the portion of the pay and entitlements attributable to periods before the long-term care home supervisor began occupying and operating the home. 3. For greater certainty, paragraph 8 of subsection 159 (10) does not apply with respect to any amount the Crown pays under paragraph 1, but paragraph 9 of subsection 159 (10) does apply to such an amount. Other termination pay, etc., for continued employees (6) In addition to any amounts paid under paragraph 1 of subsection (5), the long-term care home supervisor may pay an employee whose employment is continued under subsection (2) any other termination pay or severance pay and entitlements the employee may be entitled to if the long-term care home supervisor lays the employee off or if the long-term care home supervisor ceases to occupy and operate the home and, for greater certainty, paragraph 9 of subsection 159 (10) applies with respect to the portion of such a payment attributable to a period before the long-term care home supervisor began occupying and operating the home. Limit on changes to terms and conditions (7) Changes to terms and conditions of employment or provisions of a collective agreement agreed to by the long-term care home supervisor apply only with respect to the period during which the long-term care home supervisor occupies and operates the home. Employment of other staff, etc. (8) Without limiting what else the long-term care home supervisor may do in operating and managing the home, the long-term care home supervisor may, if the long-term care home supervisor considers it necessary to avoid harm or a risk of harm to any resident, employ or contract for persons to work in the home or contract for the delivery of services to the home. Not successor employer (9) The making of an order under subsection 159 (5), the occupation and operation of the home by the long-term care home supervisor or the ceasing of that occupation and operation is not a sale of a business for the purposes of section 9 of the Employment Standards Act, 2000, section 69 of the Labour Relations Act, 1995 or section 13.1 of the Pay Equity Act. Related employers (10) No person is entitled to make an application under subsection 1 (4) of the Labour Relations Act, 1995
with respect to the long-term care home supervisor, and the long-term care home supervisor and the licensee shall not be treated as one employer under section 4 of the Employment Standards Act, 2000.