jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions for the Act
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Abuse
 1. (1) For the purposes of the definition of “abuse” in subsection 2 (1) of the Act, “emotional abuse” means, (a) any threatening, insulting, intimidating or humiliating gestures, actions, behaviour or remarks, including imposed social isolation, shunning, ignoring, lack of acknowledgement or infantilization that are performed by anyone other than a resident, or (b) any threatening or intimidating gestures, actions, behaviour or remarks by a resident that causes alarm or fear to another resident if the resident performing the gestures, actions, behaviour or remarks understands and appreciates their consequences; (“mauvais traitement d’ordre psychologique”) “financial abuse” means any misappropriation or misuse of a resident’s money or property; (“exploitation financière”) “physical abuse” means, subject to subsection (2), (a) the use of physical force by anyone other than a resident that causes physical injury or pain, (b) administering or withholding a drug for an inappropriate purpose, or (c) the use of physical force by a resident that causes physical injury to another resident; (“mauvais traitement d’ordre physique”) “sexual abuse” means, (a) subject to subsection (3), any consensual or non-consensual touching, behaviour or remarks of a sexual nature or sexual exploitation that is directed towards a resident by a licensee or staff member, or (b) any non-consensual touching, behaviour or remarks of a sexual nature or sexual exploitation directed towards a resident by a person other than a licensee or staff member; (“mauvais traitement d’ordre sexuel”) “verbal abuse” means, (a) any form of verbal communication of a threatening or intimidating nature or any form of verbal communication of a belittling or degrading nature that diminishes a resident’s sense of well-being, dignity or self-worth, if the communication is made by anyone other than a resident, or (b) any form of verbal communication of a threatening or intimidating nature made by a resident that leads another resident to fear for his or her safety if the resident making the communication understands and appreciates its consequences. (“mauvais traitement d’ordre verbal”)  O. Reg. 166/11, s. 1 (1). (2) For the purposes of clause (a) of the definition of “physical abuse” in subsection (1), physical abuse does not include the use of force that is appropriate to the provision of care or assisting a resident with activities of daily living, unless the force used is excessive in the circumstances.  O. Reg. 166/11, s. 1 (2). (3) For the purposes of the definition of “sexual abuse” in subsection (1), sexual abuse does not include, (a) touching, behaviour or remarks of a clinical nature that are appropriate to the provision of care or assisting a resident with activities of daily living; or (b) consensual touching, behaviour or remarks of a sexual nature between a resident and a licensee or staff member that is in the course of a sexual relationship that began before the resident commenced residency in the retirement home or before the licensee or staff member became a licensee or staff member.  O. Reg. 166/11, s. 1 (3).
Care services
 2. (1) The following services are prescribed as care services for the purposes of the Act: 1. Any service that a member of the College of Physicians and Surgeons of Ontario provides while engaging in the practice of medicine. 2. Any service that a member of the College of Nurses of Ontario provides while engaging in the practice of nursing. 3. Any service that a member of the Ontario College of Pharmacists provides while engaging in the practice of pharmacy. 4. The provision of a dementia care program. 5. The provision of a skin and wound care program.  O. Reg. 166/11, s. 2 (1). (2) Services provided under the Homemakers and Nurses Services Act are not care services for the purposes of the Act.  O. Reg. 166/11, s. 2 (2).
Retirement home
 3. (1) For the purposes of clause (b) of the definition of “retirement home” in subsection 2 (1) of the Act, a residential complex or the part of a residential complex that is a retirement home must be occupied or be intended to be occupied by at least six persons who are not related to the operator of the home.  O. Reg. 166/11, s. 3 (1). (2) The following premises are prescribed for the purposes of clause (f) of the definition of “retirement home” in subsection 2 (1) of the Act as not being retirement homes: 1. Premises, or parts of premises, at which a supportive housing program or a residential treatment program is provided and funded under, i.  Revoked: O. Reg. 195/22, s. 1 (1). ii. the Local Health System Integration Act, 2006, iii. the Connecting Care Act, 2019, or iv. the Ministry of Health and Long-Term Care Act. 2. Premises or parts of premises funded under the Community Homelessness Prevention Initiative of the Ministry of Municipal Affairs and Housing. 3. Premises, or parts of premises, owned or operated by a health service provider or an Ontario Health Team that was funded under section 21 of the Connecting Care Act, 2019 to provide home and community care services that include residential accommodation within the meaning of Ontario Regulation 187/22 (Home and Community Care Services) made under that Act at the premises, or parts of premises, on the day that section 1 of that Regulation came into force. O. Reg. 416/12, s. 1; O. Reg. 210/21, s. 1; O. Reg. 195/22, s. 1. (3) A statement in this section or the definition of “retirement home” in subsection 2 (1) of the Act that part of a premises is or is not a retirement home applies only to that part of the premises.  O. Reg. 166/11, s. 3 (3). Interpretation
Interpretation
 4. (1) In this Regulation, “adverse drug reaction” means a harmful and unintended response by a resident to a drug or combination of drugs that occurs at doses normally used or tested for the diagnosis, treatment or prevention of a disease or the modification of an organic function; (“réaction indésirable à un médicament”) “altered skin integrity” means potential or actual disruption of epidermal or dermal tissue, including skin breakdown, pressure ulcers and skin tears or wounds; (“signes d’altération de l’intégrité épidermique”) “drug” means a drug as defined in the Drug and Pharmacies Regulation Act; (“médicament”) “responsive behaviours” means behaviours that often indicate, (a) an unmet need in a person, whether cognitive, physical, emotional, social, environmental or other, or (b) a response to circumstances within the social or physical environment that may be frustrating, frightening or confusing to a person. (“comportements réactifs”)  O. Reg. 166/11, s. 4 (1). (2) If this Regulation requires or permits a member of a College, as defined in the Regulated Health Professions Act, 1991, to perform an act, that person must hold a current certificate of registration issued by the College that authorizes the person to engage in the practice of a health profession and that is not subject to a term, condition or limitation that the member only practise the health profession while under the direction or supervision of another member of that College.  O. Reg. 166/11, s. 4 (2). 4.1 Revoked: O. Reg. 211/22, s. 1. Operation of a Retirement Home 4.2 Revoked: O. Reg. 211/22, s. 1.
Operation of a Retirement Home
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Application for licence
 5. (1) For the purposes of section 34 of the Act, an application for a licence to operate a specific retirement home shall be submitted to the Registrar in the form and manner that the Registrar specifies and shall include the following documents and information: 1. The applicant’s name and address. 2. The name of the primary contact person for the applicant and, if available, additional contact information for the applicant, such as e-mail address, telephone number, fax number and website address. 3. The name of every person who has a controlling interest in the applicant. 4. The name of the person, if any, that the applicant has employed or retained to manage the operations or most of the operations of the retirement home. 5. The retirement home’s name and address. 6. A statement whether there is an automatic sprinkler in the room of each resident or elsewhere in the retirement home and, if so, information about the sprinklers. 7. The number of residents that the retirement home can accommodate. 8. The care services that the applicant, when licensed, will make available to the residents. 9. Disclosure of all non-arm’s length relationships between the applicant and external care providers that are currently providing care services to a resident or that the applicant intends to have provide care services to a resident. 10. Signed declarations from each of the persons mentioned in subparagraphs 1 i, ii, iii and iv of section 35 of the Act disclosing the following: i. Every offence with which the person has been charged under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), the Food and Drugs Act (Canada) or the Cannabis Act (Canada) and the outcome of the charge. ii. Every order of a judge or justice of the peace made against the person in respect of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), the Food and Drugs Act (Canada) or the Cannabis Act (Canada), including a peace bond, probation order, prohibition order or warrant to arrest. iii. Every offence of which the person has been convicted under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), the Food and Drugs Act (Canada) or the Cannabis Act (Canada). O. Reg. 211/22, s. 2. (2) An application for a licence shall include payment of the application fee set by the Authority that is in effect on the date the applicant makes the application. O. Reg. 211/22, s. 2.
Extra expense insurance
 5.1 (1) In this section, “authorized insurer” means an insurance provider licensed under the laws of a jurisdiction in Canada to undertake insurance; (“assureur agréé”) “extra expense insurance” means an insurance policy with respect to a retirement home under which the insurer undertakes to pay for the additional costs of providing reasonable alternate accommodation and care to residents of the home for a period of no less than 120 days if, as a result of loss or damage to the home, (a) the licensee is unable to safely provide the normal accommodation or care in the home to those residents, and (b) the loss or damage is a peril for which insurance is reasonably available. (“assurance des frais supplémentaires”)  O. Reg. 53/12, s. 3 (1). (2) For the purposes of paragraph 4 of section 35 of the Act, it is a requirement for the issuance of a licence to operate a specific retirement home that the applicant has demonstrated that the applicant has obtained extra expense insurance with respect to the home, or will obtain it, from an authorized insurer and will maintain it in full force and effect for as long as the applicant operates the home.  O. Reg. 53/12, s. 3 (1); O. Reg. 211/22, s. 3. (2.1) For the purposes of subsection 60 (3) of the Act, every licensee of a retirement home shall at all times maintain in full force and effect extra expense insurance from an authorized insurer.  O. Reg. 53/12, s. 3 (2); O. Reg. 211/22, s. 3. (2.2) For the purposes of subsection 108 (1) of the Act, the Registrar may at any time request that a licensee give the Registrar a certificate of insurance issued by an authorized insurer that demonstrates that the licensee has the extra expense insurance required by subsection (3) and the licensee shall provide the certificate within the time period specified by the Registrar.  O. Reg. 53/12, s. 3 (2). (3) Nothing in this section overrides or affects anything in the Insurance Act that would otherwise apply with respect to an authorized insurer.  O. Reg. 53/12, s. 3 (1).
Reduction in care services
 6. For the purposes of subsection 44 (1) of the Act, the licensee of a retirement home shall, at least 90 days before the reduction in care services takes effect, deliver the written notice mentioned in clause 44 (1) (a) of the Act directly to each resident and give the notice to the resident’s substitute decision-makers, if any.  O. Reg. 166/11, s. 6.
Ceasing to operate a retirement home
 7. (1) For the purposes of section 49 of the Act, the licensee of a retirement home shall give the Registrar the transition plan mentioned in clause 49 (1) (a) of the Act at least 120 days before the home ceases to be operated as a retirement home.  O. Reg. 166/11, s. 7 (1). (2) The transition plan shall include, (a) a statement that the licensee intends to cease operating the home as a retirement home; (b) the date on which the licensee intends to cease operating the home as a retirement home; (c) the licensee’s reasons for ceasing to operate the home as a retirement home; (d) a description of how the licensee intends to use the home after the home ceases to be operated as a retirement home; (e) the date by which the licensee gave, or intends to give, to each resident and the resident’s substitute decision-makers, if any, written notice of the date the home will cease to be operated as a retirement home; (f) a summary of the care needs of the residents and a summary of the care services that the licensee provides to the residents; (g) a list of alternate accommodation and external care providers that may be available to meet the needs of the residents after the home ceases to be operated as a retirement home; (h) a list of health service organizations in the community that may be affected by the home ceasing to be operated as a retirement home; (i) a list of external care providers who provide care services to residents of the home; (j) a description of how the licensee will deal with any money that residents have entrusted to the licensee; (k) the names of all persons who, to the best of the licensee’s knowledge, may manage the operations or most of the operations of the home at any time before it ceases to be operated as a retirement home; and (l) a declaration by the licensee that the licensee will comply with clause 49 (1) (d) of the Act.  O. Reg. 166/11, s. 7 (2). (3) For the purposes of section 49 of the Act, the licensee of a retirement home shall, at least 120 days before a retirement home ceases to be operated as a retirement home, deliver the written notice mentioned in clause 44 (1) (b) of the Act directly to each resident and give the notice to the resident’s substitute decision-makers, if any.  O. Reg. 166/11, s. 7 (3). Residents’ Rights
Residents’ Rights
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Copies of agreements to residents
 8. For the purposes of informing residents of their rights set out in the Residents’ Bill of Rights, the licensee of a retirement home shall provide to each resident of the home and to the resident’s substitute decision-makers, if any, the resident’s plan of care and a copy of each written agreement between the licensee and the resident, (a) as soon as possible after the agreement is made or the plan of care is developed, as the case may be; and (b) whenever the resident or any of the resident’s substitute decision-makers, if any, reasonably requests a copy after the time described in clause (a).  O. Reg. 166/11, s. 8.
Agreement before resident commences residency
 9. The agreement that subsection 53 (1) of the Act requires the licensee of a retirement home to enter into with a resident of the home shall contain, (a) the heading “Retirement Homes Act, 2010 Provisions” or the equivalent of that heading in the language of the agreement if the agreement is not in English; (b) under the heading mentioned in clause (a), a notice to the resident that sections 77 and 80 of the Act authorize an inspector or an investigator respectively to inspect, copy and remove records containing a resident’s personal information, including personal health information, from the home for the purpose of determining whether the licensee is in compliance with the requirements of the Act; (c) under the heading mentioned in clause (a), a statement as to whether or not the licensee will indemnify the resident against loss of the resident’s possessions and if so, the details of the indemnification, including the extent to which the resident’s possessions are insured by the licensee; and (d) under the heading mentioned in clause (a), a statement from the licensee that, (i) the licensee has given to the resident the package of information required by clause 54 (1) (a) of the Act, (ii) the package includes all of the information required under subsection 54 (2) of the Act, and (iii) the licensee warrants that all of the information that the licensee provided in the package was accurate and complete on the date of the agreement.  O. Reg. 166/11, s. 9.
Package of information for residents
 10. For the purposes of clause 54 (2) (v) of the Act, the package of information mentioned in clause 54 (1) (a) of the Act that a licensee of a retirement home is required to give to every resident of the home shall include, (a) a statement that section 62 of the Act requires the licensee to assess a resident when the resident commences residency in the home and to reassess the resident every six months but that the licensee is not authorized to assess or reassess a resident without the resident’s consent; (b) a statement that the residents have the right to form a Residents’ Council if one does not yet exist; (c) a statement whether the licensee offers programs, activities or services to encourage the mental stimulation of residents and, if so, information about them; (d) a statement whether the licensee offers programs, activities or services to address the social, recreational and spiritual needs of residents and, if so, information about them; (e) information about how to reduce the incidence of infectious disease outbreaks, including the need for and method of maintaining proper hand hygiene and the need for and process of reporting infectious illness; (f) information about the strategies the licensee has implemented to reduce or mitigate the risk of falls in common areas of the home; (g) a statement as to whether or not services in the home are provided in French or in any other languages in addition to English and, if so, a list of those languages; (h) a statement that section 68 of the Act prohibits the licensee and external care providers who provide care services in the home from restraining a resident of the home in any way including by the use of a physical device or by the administration of a drug except as permitted by section 71 of the Act when immediate action is necessary to prevent serious bodily harm to a resident or to others; (i) a statement whether the licensee allows a resident of the home to entrust money to the care of the licensee on behalf of the resident and if so, a copy of the written trust account policy and procedures described in subsection 57 (7); (j) a statement that the Act does not require the licensee to audit trust accounts into which the licensee is required to deposit money entrusted into the licensee’s care on behalf of a resident but that the Registrar may order the licensee to audit any such trust account; and (k) a statement that sections 77 and 80 of the Act authorize an inspector or an investigator respectively to inspect, copy and remove records containing a resident’s personal information, including personal health information, from the home for the purpose of determining whether the licensee is in compliance with the requirements of the Act.  O. Reg. 166/11, s. 10.
Posted information
 11. (1) For the purposes of paragraph 4 of subsection 55 (2) of the Act, the following information is prescribed as information that must be posted in a retirement home under that subsection: 1. Contact information for the Authority. 2. A statement as to whether or not services in the home are provided in French or in any other languages in addition to English and, if so, a list of those languages. 3. An explanation of the procedures to be followed in the case of an evacuation. 4. Information about reporting to the Registrar matters relating to the care and safety of the residents of the home that is on a sign that the Registrar provides or that is in a form that the Registrar approves. 5. A statement that sections 77 and 80 of the Act authorize an inspector or an investigator respectively to inspect, copy and remove records containing a resident’s personal information, including personal health information, from the home for the purpose of determining whether the licensee is in compliance with the requirements of the Act. 6. A copy of the most recent final inspection report prepared by an inspector under section 77 of the Act.  O. Reg. 166/11, s. 11; O. Reg. 53/12, s. 4 (1, 2); O. Reg. 211/22, s. 4. (2) Revoked: O. Reg. 53/12, s. 4 (4).
Residents’ Council
 12. (1) For the purposes of clause 58 (1) (a) of the Act, within 10 days of receiving a request from the Residents’ Council, a licensee of a retirement home shall, to the extent that it is reasonably practicable to do so, (a) subject to subsections (2) and (3), provide to the Council any information that the Council requests with respect to building maintenance, resident safety and personal care, programming, food and other aspects of life in the home; (b) make available to the Council, for the purpose of holding meetings from time to time, an area within the home that is easily accessible to all residents and that allows the Council to hold meetings that are closed to the licensee and the staff of the home; and (c) make available to the Council, for the purpose of posting notices and other information, an area within the home that is easily accessible to all residents.  O. Reg. 166/11, s. 12 (1). (2) If the licensee is unable to provide the information or assistance requested under subsection (1) within 10 days of receiving the request, the licensee shall, (a) within the 10 days, advise the Residents’ Council of the reasons for the delay and the date by which the licensee reasonably expects to be able to provide the information or assistance, as the case may be; and (b) provide the information or assistance, as the case may be, to the Residents’ Council as soon as is reasonably practicable.  O. Reg. 166/11, s. 12 (2). (3) If it is not reasonably practicable for the licensee to provide the information or assistance requested under subsection (1), the licensee shall, within 10 days of receiving the request, advise the Residents’ Council of the reasons why the licensee will not be providing the information or assistance, as the case may be.  O. Reg. 166/11, s. 12 (3). Staff and Volunteers
Staff and Volunteers
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Staff training
 14. (1) For the purposes of clause 65 (2) (j) of the Act, every licensee of a retirement home shall ensure that all staff who work in the home receive training in the procedure described in subsection 73 (1) of the Act for a person to complain to the licensee.  O. Reg. 166/11, s. 14 (1). (2) For the purposes of subsection 65 (4) of the Act, the licensee shall ensure that the persons who are required to receive training under subsection 65 (2) of the Act receive the training at least annually.  O. Reg. 166/11, s. 14 (2). (2.1) Subject to subsection (2.2), a licensee is exempt from subsections 65 (2) and (4) of the Act and subsections (1) and (2) of this section with respect to a person who meets the following criteria and who is to perform work at the retirement home: 1. The person falls under clause (b) or (c) of the definition of “staff” in subsection 2 (1) of the Act. 2. The person is only to provide occasional maintenance or repair services to the home or entertainment or religious or recreational services in the home. 3. The person is not to provide direct care to residents. 4. The person is to be monitored and supervised by the licensee in accordance with written policies that the licensee has prepared to monitor and supervise persons who provide occasional maintenance or repair services to the home or entertainment or religious or recreational services in the home. O. Reg. 211/22, s. 5. (2.2) The exemption set out in subsection (2.1) applies only if the licensee provides the person described in that subsection with information, before the person performs work at the retirement home, with respect to the home’s policy to promote zero tolerance for abuse and neglect of residents, emergency plan and infection prevention and control program. O. Reg. 211/22, s. 5. (3) For the purposes of paragraph 5 of subsection 65 (5) of the Act, every licensee of a retirement home shall ensure that every staff member who provides a care service to a resident has received or receives training in, (a) ways to encourage mental stimulation in residents, ways to provide mental stimulation to residents and the positive effects of encouraging and providing such mental stimulation; and (b) each care service offered in the home so that the staff member is able to understand the general nature of each of those services, the standards applicable under the Act to each of those services and the aspects of each of those services that may be relevant to the staff member’s own duties in the home.  O. Reg. 166/11, s. 14 (3). (4) The licensee shall ensure that every staff member receives the training described in subsection (3) and in subsection 65 (5) of the Act as soon as possible and, in any event, no later than six months from the day the person becomes a staff member at the home.  O. Reg. 166/11, s. 14 (4). (5) The licensee shall ensure that the persons who are required to receive the training described in subsection 65 (5) of the Act receive that training on an ongoing basis, namely at least annually after receiving the training described in subsection (4).  O. Reg. 166/11, s. 14 (5).
Information for external care providers
 14.1 The licensee shall ensure that as soon as is practical after the licensee is made aware that an external care provider is or will be providing care services to a resident in the retirement home, the external care provider is provided with information with respect to the home’s policy to promote zero tolerance for abuse and neglect of residents. O. Reg. 211/22, s. 6.
Standards for Retirement Homes
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Temperature control
 16. (1) Every licensee of a retirement home shall ensure that there are procedures in place for responding to extreme hot and cold weather conditions, including detailed practices for addressing failures of any temperature control systems in the home.  O. Reg. 166/11, s. 16 (1). (2) The licensee shall document the procedures implemented.  O. Reg. 166/11, s. 16 (2). (3) Every licensee of a retirement home shall ensure that timely action is taken to deal with extreme temperature changes in the home.  O. Reg. 166/11, s. 16 (3).
Cleanliness
 17. (1) Every licensee of a retirement home shall ensure that the common areas of the home, including the floors and any furnishings, equipment and linens in those areas, are clean and sanitary.  O. Reg. 166/11, s. 17 (1). (2) Every licensee of a retirement home shall ensure that bathrooms in common areas of the home that are used by residents are adequately stocked with supplies including toilet paper.  O. Reg. 53/12, s. 5. (3) The licensee shall document the routines and methods used to comply with subsections (1) and (2).  O. Reg. 166/11, s. 17 (3).
Pest control
 18. (1) Every licensee of a retirement home shall ensure that there are procedures in place to keep the home free from pests and to deal with pests in the home.  O. Reg. 166/11, s. 18 (1). (2) The licensee shall document the procedures implemented.  O. Reg. 166/11, s. 18 (2). (3) The licensee shall ensure that timely action is taken to deal with pests in the retirement home.  O. Reg. 166/11, s. 18 (3).
Maintenance
 19. (1) Every licensee of a retirement home shall ensure that a maintenance program is in place to ensure that the building forming the retirement home, including both interior and exterior areas and its operational systems, are maintained in good repair.  O. Reg. 166/11, s. 19 (1). (2) The maintenance program shall include policies and procedures for routine, preventative and remedial maintenance of the following in the retirement home: 1. Plumbing fixtures, toilets and sinks located in common areas of the home. 2. Heating systems and hot water boilers. 3. If provided by the licensee, ventilation systems, air conditioning systems, hot water holding tanks and computerized systems monitoring the home’s water temperature. 4. If provided by the licensee, equipment, devices, assistive aids, positioning aids and shower grab bars.  O. Reg. 166/11, s. 19 (2).
Food preparation
 20. (1) Every licensee of a retirement home shall ensure that this section is complied with whenever food is prepared in the home.  O. Reg. 166/11, s. 20 (1). (2) The licensee shall ensure that all foods and fluids used in food preparation are prepared, stored, and served using methods to prevent contamination and food borne illness.  O. Reg. 166/11, s. 20 (2). (3) The licensee shall implement procedures for each of the following matters and ensure that all staff involved in preparing food receives adequate training in them and are retrained annually: 1. The safe handling and storage of food, including how to maintain food at an appropriate temperature and how to practice good hand hygiene. 2. The safe operation, cleaning and sanitizing of all dishes, utensils and equipment involved in food preparation. 3. The separation of clean and dirty dishes during the service of food. 4. The safe disposal of leftover food. 5. Appropriate cleaning schedules and sanitation practices.  O. Reg. 166/11, s. 20 (3). (4) The licensee shall ensure that whenever food is prepared in the retirement home, at least one person involved in preparing the food, (a) holds a current certificate in food handler training from a local board of health or an agency of the board of health; or (b) has recently successfully completed a food handler training program equivalent to that offered by a local board of health or an agency of the board of health. O. Reg. 211/22, s. 8.
Hazardous substances
 21. (1) In this section, “hazardous substance” means a hazardous product as defined in the Hazardous Products Act (Canada).  O. Reg. 166/11, s. 21 (1); O. Reg. 453/18, s. 4. (2) Every licensee of a retirement home shall ensure that all hazardous substances used by staff of the home or under their control are labelled properly and are kept inaccessible to residents at all times.  O. Reg. 166/11, s. 21 (2).
Risk of falls
 22. (1) Every licensee of a retirement home shall develop, document and implement strategies to reduce or mitigate the risk of falls in common areas of the home.  O. Reg. 166/11, s. 22 (1). (2) If a resident of a retirement home falls in a common area of the home or while being assisted by the licensee or staff, the licensee shall ensure that, (a) there is a timely and appropriate response to the fall; (b) corrective action is taken as necessary to prevent future harm to residents; and (c) the licensee or a staff member documents the fall, the response to the fall and the corrective actions taken, if any.  O. Reg. 166/11, s. 22 (2). (3) If a resident of a retirement home falls in the home in circumstances other than those described in subsection (2) and the licensee or a staff member becomes aware of the fall, the licensee shall ensure that the licensee or a staff member documents the fall, the response to the fall and the corrective actions taken, if any.  O. Reg. 166/11, s. 22 (3). (4) Every licensee of a retirement home shall keep a written record of all falls for which the licensee is required to ensure documentation under subsection (2) or (3) and that occur in each year, evaluate the risk of falls in the home at least annually and keep a written record of each evaluation.  O. Reg. 166/11, s. 22 (4).
Behaviour management
 23. (1) Every licensee of a retirement home shall develop and implement a written behaviour management strategy that includes, (a) techniques to prevent and address resident behaviours that pose a risk to the resident or others in the home; (b) strategies for interventions to prevent and address resident behaviours that pose a risk to the resident or others in the home; (c) strategies for monitoring residents that have demonstrated behaviours that pose a risk to the resident or others in the home; and (d) protocols for how staff and volunteers shall report and be informed of resident behaviours that pose a risk to the resident or others in the home.  O. Reg. 166/11, s. 23 (1). (2) The licensee shall ensure that all staff who provide care services to residents are advised at the beginning of every shift of each resident whose behaviours require heightened monitoring because those behaviours pose a risk to the resident or others in the home.  O. Reg. 166/11, s. 23 (2). Safety Plans
Safety Plans
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Emergency plan, general
 24. (1) The emergency plan required under paragraph 1 of subsection 60 (4) of the Act shall meet the requirements set out in this section.  O. Reg. 166/11, s. 24 (1). (2) The licensee of a retirement home shall ensure that the emergency plan for the home is in writing.  O. Reg. 166/11, s. 24 (2). (3) If there is a conflict or an inconsistency between a provision of the fire code under the Fire Protection and Prevention Act, 1997 and a provision of the emergency plan, the fire code prevails to the extent of the conflict or inconsistency.  O. Reg. 166/11, s. 24 (3). (4) The licensee shall keep current all arrangements with community agencies, partner facilities and resources that will be involved in responding to an emergency.  O. Reg. 166/11, s. 24 (4). (5) The licensee shall, (a) on an annual basis at least, test the emergency plan, including arrangements with community agencies, partner facilities and resources that will be involved in responding to an emergency, related to, (i) the loss of essential services, (ii) situations involving a missing resident, (iii) medical emergencies, (iii.1) epidemics and pandemics, and (iv) violent outbursts; (b) at least once every two years, conduct a planned evacuation of the retirement home; and (c) keep a written record of the testing of the emergency plan and planned evacuations and of any changes made to improve the emergency plan.  O. Reg. 166/11, s. 24 (5); O. Reg. 211/22, s. 9 (1). (6) When conducting a planned evacuation of a retirement home as required under clause (5) (b), the licensee may use a stand-in or proxy for a resident if, in the licensee’s opinion, the resident’s participation in the evacuation may cause harm or risk of harm to the resident’s health or safety. O. Reg. 211/22, s. 9 (2).
Emergency plan — retirement home with capacity for more than 10 residents
 25. (1) The emergency plan for a retirement home that has the capacity to accommodate more than 10 residents shall, in addition to the requirements in section 24, meet the requirements set out in this section. O. Reg. 211/22, s. 10 (1). (2) The licensee shall ensure that the development of the emergency plan includes, (a) consultation with the relevant community agencies, partner facilities and resources that will be involved in responding to an emergency; (b) identification of hazards and risks that may give rise to an emergency affecting the home, whether the hazards and risks arise within the home or in the surrounding vicinity or community, and strategies to address those hazards and risks.  O. Reg. 166/11, s. 25 (2). (3) The licensee shall ensure that the emergency plan provides for the following: 1. Dealing with, i. fires, ii. community disasters, iii. violent outbursts, iv. bomb threats, v. medical emergencies, v.1 epidemics and pandemics, vi. chemical spills, vii. situations involving a missing resident, and viii. loss of one or more essential services. 2. Evacuation of the retirement home, including a system in the home to account for the whereabouts of all residents in the event that it is necessary to evacuate and relocate residents and evacuate staff and others in case of an emergency. 3. Resources, supplies and equipment vital for the emergency response being set aside and readily available at the retirement home and regular testing of all such resources, supplies and equipment to ensure that they are in working order. 4. Identification of the community agencies, partner facilities and resources that will be involved in responding to an emergency.  O. Reg. 166/11,  s. 25 (3); O. Reg. 211/22, s. 10 (2). (4) The licensee shall ensure that the emergency plan addresses the following components: 1. Plan activation. 2. Lines of authority. 3. Communications plan. 4. Specific staff roles and responsibilities.  O. Reg. 166/11, s. 25 (4). (5) The licensee shall ensure that the emergency plan for the retirement home is evaluated and updated at least annually and that the updating includes contact information for the relevant community agencies, partner facilities and resources that will be involved in responding to an emergency.  O. Reg. 166/11, s. 25 (5).
Emergency plan — retirement home with capacity for 10 or fewer residents
 26. The emergency plan for a retirement home that has the capacity to accommodate 10 or fewer residents shall, in addition to the requirements in section 24, meet the following requirements: 1. The plan shall be developed in consultation with the relevant community agencies, partner facilities and resources that will be involved in responding to an emergency. 2. The plan shall identify and address hazards and risks that may give rise to an emergency affecting the home. 3. The plan shall include steps in the evacuation of the home, including a system in the home to account for the whereabouts of all residents in the event that it is necessary to evacuate and relocate residents and evacuate staff and others in case of an emergency. 4. The plan shall require that resources, supplies and equipment vital for the emergency response are set aside, readily available at the home and tested regularly to ensure that they are in working order. 5. The plan shall identify the relevant community agencies, partner facilities and resources that will be involved in responding to an emergency. 6. The licensee shall ensure that the plan is updated at least annually and that the updating includes contact information for the relevant community agencies, partner facilities and resources that will be involved in responding to an emergency.  O. Reg. 166/11, s. 26; O. Reg. 211/22, s. 11.
Standards for Care Services Provided by Regulated Health Professionals
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Certificate of registration required
 28. If the licensee of a retirement home or the staff of the home provide a care service described in the provision of this Regulation mentioned in Column 1 of the following Table to a resident of the home, the licensee shall ensure that all individuals involved in providing that service have the appropriate and current certificate of registration with the College mentioned opposite it in Column 2:  Table   Certificate of Registration REquired  Column 1   Column 2 

  Care Service Provided   Certificate of Registration Required 

  Paragraph 1 of subsection 2 (1)   College of Physicians and Surgeons of Ontario 

  Paragraph 2 of subsection 2 (1)   College of Nurses of Ontario  

  Paragraph 3 of subsection 2 (1)   Ontario College of Pharmacists O. Reg. 166/11, s. 28. Standards Relating to the Administration of Drugs or Other Substances
Standards Relating to the Administration of Drugs or Other Substances
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Administration of drugs or other substances
 29. If one of the care services that the licensee or the staff of a retirement home provide to a resident of the home is the administration of a drug or other substance, the licensee shall ensure that, (a) no drug is administered by the licensee or the staff to the resident in the home unless the drug has been prescribed for the resident by a person who is authorized to prescribe a drug under section 27 of the Regulated Health Professions Act, 1991; (b) no drug is administered by the licensee or the staff to the resident in the home except in accordance with the directions for use specified by the person who prescribed the drug for the resident; (c) neither the licensee nor a staff member administers a drug to a resident in the home unless the licensee or the staff member has received training in the procedures applicable to the administration of the drug; (d) a member of a College, as defined in the Regulated Health Professions Act, 1991, supervises the administration of the drug or other substance to the resident in the home; (e) if the licensee or a staff member is involved in the administration of the drug or other substance at the home, that the licensee or staff member is trained in, (i) ways of reducing the incidence of infectious disease, including maintaining proper hand hygiene, (ii) the safe disposal of syringes and other sharps, and (iii) recognizing an adverse drug reaction and taking appropriate action; and (f) no drug is administered by a volunteer.  O. Reg. 166/11, s. 29.
Storage of drugs or other substances
 30. If drugs or other substances are stored in a retirement home on behalf of a resident, the licensee of the home shall ensure that, (a) the drugs or other substances are stored in an area or a medication cart that, (i) is used exclusively for drugs or other substances and for supplies related to drugs or other substances, (ii) is locked and secure, (iii) protects the drugs or other substances from heat, light, humidity or other environmental conditions that may affect their efficacy, and (iv) complies with the manufacturer’s instructions for the storage of the drugs or other substances; (b) controlled substances as defined in the Controlled Drugs and Substances Act (Canada) are stored in a separate, double-locked stationary cupboard in the locked area or stored in a separate locked area within the locked medication cart; and (c) an audit of the controlled substances mentioned in clause (b) is performed monthly.  O. Reg. 166/11, s. 30.
Medication management system
 31. (1) If one of the care services that the licensee or the staff of a retirement home provide to a resident of the home is the administration of a drug or other substance, the licensee shall establish a medication management system, which includes written policies and procedures, to ensure that all drugs and other substances to be administered to residents of the home are acquired, received in the home, stored, dispensed, administered, destroyed and disposed of correctly as required by law and in accordance with prevailing practices.  O. Reg. 166/11, s. 31 (1). (2) As part of the medication management system, the licensee shall make a current reference text about pharmaceuticals available to all staff who are involved in the administration of a drug or other substance to a resident.  O. Reg. 166/11, s. 31 (2).
Records
 32. If the licensee or a member of the staff of a retirement home administers a drug or other substance to a resident, the licensee shall ensure that,  (a) the person who administered the drug or other substance prepares a written record noting the name and amount of the drug or other substance, the route of its administration and the time and date on which it was administered; (b) if a drug is administered, there is written evidence that the drug was prescribed for the resident by a person who is authorized to prescribe a drug under section 27 of the Regulated Health Professions Act, 1991; and (c) the administration of drugs and other substances in the home is evaluated at least annually and the licensee keeps a written record of each evaluation.  O. Reg. 166/11, s. 32.
Medication error
 33. (1) In this section, “medication error”, in relation to a retirement home, means an act of commission or omission by the licensee or a member of the staff in connection with the prescribing, ordering, storing, labelling, dispensing, administering or distributing of a drug or other substance or the transcribing of a prescription if the act results in harm to a resident of the home.  O. Reg. 166/11, s. 33 (1). (2) If a medication error occurs in a retirement home or if a resident of the home has an adverse reaction to a drug or other substance administered to the resident in the home by the licensee or a member of the staff, the licensee shall ensure that, (a) a written record is prepared documenting the error or reaction and the immediate actions taken to assess and maintain the resident’s health; (b) the error or reaction is reported to the resident, the resident’s substitute decision-makers, if any, and, to the extent that the following persons are known to the licensee: the person who prescribed the drug, the resident’s attending physician or registered nurse in the extended class and any person who provides pharmacy services to the resident; (c) a written record is prepared indicating to whom the error or reaction was reported; and (d) in the case of a medication error, corrective action is taken as necessary to prevent future harm to residents.  O. Reg. 166/11, s. 33 (2). (3) Every licensee of a retirement home shall evaluate the risk of medication errors and adverse drug reactions in the home at least annually and keep a written record of each evaluation.  O. Reg. 166/11, s. 33 (3). Standards Relating to Other Care Services
Standards Relating to Other Care Services
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Assistance with feeding
 34. If one of the care services that the licensee or the staff of a retirement home provide to a resident of the home is assistance with feeding, the licensee shall ensure that, (a) if there is a dining area in the home, the area contains furnishings and equipment that, (i) are suitable for the age of the population being served, (ii) allow adequate space for residents and any staff and volunteers assisting those residents to use the area safely, and (iii) are available in sufficient quantities for the number of residents who use the dining area and for the staff and volunteers who assist those residents; (b) the resident receives assistance, if required, to eat and drink as safely, comfortably and independently as possible, including assistance with any eating aids or assistive devices and any necessary encouragement; (c) the resident receives assistance, if required, to insert his or her dentures before a meal; (d) staff monitor the resident during a meal; and (e) if the resident is unable to independently access snacks and drinks between meals, the resident is given access to those items.  O. Reg. 166/11, s. 34.
Assistance with bathing
 35. If one of the care services that the licensee or the staff of a retirement home provide to a resident of the home is assistance with bathing, the licensee shall ensure that, (a) the resident is bathed only by staff who are trained to bathe a person of the resident’s characteristics and condition; (b) the resident is bathed in a manner that respects the resident’s privacy and preferences, except to the extent that these are contraindicated by a medical condition; and (c) the resident is bathed as frequently as is consistent with the resident’s plan of care.  O. Reg. 166/11, s. 35.
Continence care
 36. (1) If one of the care services that the licensee or the staff of a retirement home provide to a resident of the home is continence care, the licensee shall establish a continence care program that includes, (a) measures to promote continence; (b) measures to prevent constipation, including nutrition and hydration protocols; (c) toileting programs; and (d) strategies to maximize the resident’s independence, comfort and dignity, including the use of equipment, supplies, devices and assistive aids.  O. Reg. 166/11, s. 36 (1). (2) If, as part of the continence care program, a licensee provides continence care products to a resident, the licensee shall, (a) provide products that, (i) are based on the resident’s individually assessed needs, (ii) properly fit the resident, (iii) promote the resident’s comfort, ease of use, dignity and good skin integrity, (iv) promote continued independence wherever possible, and (v) are appropriate for the time of day, and for the individual resident’s type of incontinence; and (b) evaluate the resident’s satisfaction with the products at least annually in consultation with the resident, the resident’s substitute decision-makers, if any, and the staff who provide care services to the resident, and consider the evaluation when purchasing products.  O. Reg. 166/11, s. 36 (2).