Screening measures and declarations for directors and management
 256. (1) Every licensee of a long-term care home shall ensure that screening measures are conducted before permitting any person to be a member of the licensee’s board of directors, its board of management or committee of management or other governing structure. (2) The screening measures shall include police record checks. (3) The police record check must be, (a)  conducted by a police record check provider within the meaning of the Police Record Checks Reform Act, 2015; and (b)  subject to subsection (4), conducted within six months before the person becomes a member of the licensee’s board of directors, its board of management or committee of management or other governing structure. (4) Where a person will become a member of the licensee’s board of directors, its board of management or committee of management or other governing structure as a result of their election under the
Municipal Elections Act, 1996, the person must provide a police record check in accordance with this section that was conducted no earlier than six months prior to the date their term of office begins and no later than one month after their term of office begins. (5) The police record check must be a criminal record check referred to in paragraph 1 of subsection 8 (1) of the Police Record Checks Reform Act, 2015, and be conducted to determine the person’s suitability to be a member of the licensee’s board of directors, its board of management or committee of management or other governing structure. (6) Subsections 252 (4) to (7) apply, with necessary modifications, with respect to a member of the licensee’s board of directors, its board of management or committee of management or other governing structure. (7) Subsections 253 (1) and (2) apply, with necessary modifications, with respect to a member of the licensee’s board of directors, its board of management or committee of management or other governing structure. (8) When a person becomes a member of the licensee’s board of directors, its board of management or committee of management or other governing structure during a pandemic, the following apply: 1.  Subsections (2) to (5) do not apply. 2.  If a police record check that complied with subsections (3), (4) and (5), as applicable, was provided to the licensee, subsection 252 (5), as applicable under subsection (6), applies. 3.  If a police record check that complied with subsections subsections (3), (4) and (5),as applicable, was not provided to the licensee, i.  subsection 252 (5), as applicable under subsection (6), does not apply and paragraph 1 of subsection 252 (4), as applicable under subsection (6), applies with respect to any charge, order or conviction or other outcome, regardless of when they occurred, and ii.  the licensee shall ensure that a police record check that complies with  (3), (4) and (5), as applicable, is provided to the licensee within three months after the person became a member of the licensee’s board of directors, its board of management or committee of management or other governing structure, and that the results of the check are kept in accordance with the requirements in section 280, iii.  subparagraph ii does not apply with respect to a person who is no longer a member of the licensee’s board of directors, its board of management or committee of management or other governing structure at the time the police record check would have been required under subparagraph ii. (9) The licensee of a long-term care home shall require every person who was a member of the licensee’s board of directors, its board of management or committee of management or other governing structure on the day this section came into force to provide the licensee, within one month after this section came into force, with a signed declaration disclosing the following, and shall keep the declarations in accordance with the requirements in section 280: 1.  All the following that occurred with respect to the person: i.  every charge for an offence prescribed under subsection 255 (1) with which the person has been charged, ii.  every order of a judge or justice of the peace made against the person in respect of an offence prescribed under subsection 255 (1), including a peace bond, probation order, prohibition order or warrant to arrest, and that iii.  every conviction for an offence prescribed under subsection 255 (1) or any other outcome of a charge for such an offence. 2.  All the following that occurred with respect to the person: i.  every commencement of a proceeding that could lead to a finding of guilt of an act of misconduct prescribed under subsection 255 (2), and ii.  every finding of guilt of an act of misconduct prescribed under subsection 255 (2). (10) Subparagraph 2 i of subsection (9) does not apply with respect to a proceeding that ended more than five years before this section came into force. (11) Subparagraph 2 ii of subsection (9) does not apply with respect to, (a)  a finding of guilt that resulted in a suspension if the suspension ended more than five years before this section came into force; or (b)  a finding of guilt that did not result in a suspension, if the finding of guilt occurred more than five years before this section came into force. (12) The licensee of a long-term care home shall require every person who was a member of the licensee’s board of directors, its board of management or committee of management or other governing structure on the day this section came into force to provide the licensee, within six months after this section came into force, with a police record check that complies with subsections (3), (4) and (5), as applicable, and shall keep the result of the check accordance with the requirements in section 281. (13) Revoked: O. Reg. 66/23, s. 37. (14) Subsection (11) does not apply with respect to a person who, six months after this section came into force, is no longer a member of the licensee’s board of directors, its board of management or committee of management or other governing structure. (15) With respect to a person who becomes a member of the licensee’s board of directors, its board of management or committee of management or other governing structure within six months after this section came into force, (a)  subsections (2) to (5) and subsection (8) do not apply; and (b)  subsections (12) and (14) apply, with necessary modifications. Training and Orientation