158 (1) This section applies if an interim manager occupies and operates a long-term care home pursuant to an order under subsection 157 (4). 2007, c. 8, s. 158 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 158 (1) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 5, s. 39) Interim manager, rules relating to employees (1) This section applies, (a) subject to the regulations, if any, if an interim manager occupies and operates a long-term care home pursuant to an order under subsection 157 (4) with respect to the suspension of a licence; and (b) if an interim manager occupies and operates a long-term care home pursuant to an order under subsection 157 (4) with respect to the revocation of a licence. 2017, c. 25, Sched. 5, s. 39. Continuation of employment (2) The interim manager may continue the employment of some or all of the employees of the licensee at the home. 2007, c. 8, s. 158 (2). Employees not continued by interim manager (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. 2007, c. 8, s. 158 (3). Interim manager 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 interim manager occupies and operates the home, the interim manager is solely responsible for the direction of the employee and has the rights, obligations and authority that the interim manager would have if the interim manager were the employer. 2007, c. 8, s. 158 (4). 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 interim manager 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 interim manager began occupying and operating the home. 3. For greater certainty, paragraph 6 of subsection 157 (6) does not apply with respect to any amount the Crown pays under paragraph 1 but paragraph 7 of subsection 157 (6) does apply to such an amount. 2007, c. 8, s. 158 (5). Other termination pay, etc., for continued employees (6) In addition to any amounts paid under paragraph 1 of subsection (5), the interim manager 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 interim manager lays the employee off or if the interim manager ceases to occupy and operate the home and, for greater certainty, paragraph 7 of subsection 157 (6) applies with respect to the portion of such a payment attributable to a period before the interim manager began occupying and operating the home. 2007, c. 8, s. 158 (6). 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 interim manager apply only with respect to the period during which the interim manager occupies and operates the home. 2007, c. 8, s. 158 (7). Employment of other staff, etc. (8) Without limiting what else the interim manager may do in operating and managing the home, the interim manager may, if the interim manager 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. 2007, c. 8, s. 158 (8). Not successor employer (9) The making of an order under subsection 157 (4), the occupation and operation of the home by the interim manager 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. 2007, c. 8, s. 158 (9). 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 interim manager and the interim manager and the licensee shall not be treated as one employer under section 4 of the Employment Standards Act, 2000. 2007, c. 8, s. 158 (10). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 39 - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 25, Sched. 5, s. 40) Minister’s suspension 158.1 (1) If the Minister has reasonable grounds to believe that a long-term care home is being operated or will be operated in a manner that is prejudicial to the health, safety or welfare of its residents, the Minister may make an order suspending the licence for the home. 2017, c. 25, Sched. 5, s. 40. Application of other provisions, etc. (2) Subject to the regulations and subsection (3), where the Minister makes an order under subsection (1), sections 157 to 171 apply with necessary modifications. 2017, c. 25, Sched. 5, s. 40. Interim management order (3) Where the Minister makes an order under subsection (1), the Director shall make an order described in subsection 157 (4), and such an order is deemed to have been made under subsection 157 (4). 2017, c. 25, Sched. 5, s. 40. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 5, s. 40 - not in force