Exemptions, alternative settings
 370. (1) The following apply to a place that has short-stay program beds but no long-stay program beds and that also has beds for people who are not long-term care home residents: 1.  The licensee is exempt from sections 4, 20 and 42 and subsection 43 (4) of the Act. 2.  The licensee is exempt from subsections 11 (3) and (4) of the Act, as long as a registered nurse is on duty and present anywhere at the place where the beds are located. 3.  The licensee is exempt from sections 62 and 64 of the Act unless a resident of the home wishes to form a Residents’ Council. 4.  The licensee is exempt from section 78 of the Act if there are fewer than 23 long-term care beds. 5.  The licensee is exempt from clause 84 (2) (o) and clause 85 (3) (p) of the Act if there is no Residents’ Council at the place where the beds are located. 6.  The licensee is exempt from the requirement in subsection 43 (1) of the Act to ensure that at least once in every year the survey mentioned in that subsection is taken, but shall ensure that an opportunity is provided to each resident and the resident’s family to complete the survey when the resident is being discharged from the home. 7.  The licensee is exempt from the requirements in subsection 43 (5) of the Act unless there is a Residents’ Council or Family Council in the home. 8.  The references in section 110 subsection 111 (3) and section 113 of the Act and sections 322 and 324 of this Regulation to “long-term care home” or “home” shall be read as references to parts of the place that are used only by or for residents of the long-term care home. 9.  The licensee is exempt from the following provisions of this Regulation: i.  subparagraph 1 ii of subsection 12 (1), ii.  paragraph 3 of subsection 12 (1), iii.  section 13, iv.  clause 14 (a), v.  clauses 20 (c) and (e), vi.  section 21, vii.  subsection 66 (1), viii.  subsection 70 (2), ix.  subsection 72 (2), x.  section 73, xi.  section 81, xii.  section 82, xiv.  subsection 98 (2). 10.  The licensee is exempt from subparagraph 1 iii of subsection 12 (1) except that the doors shall be equipped with an audible door alarm system. 11.  The licensee is exempt from section 19, except for the requirement to have a screen. 12.  The licensee is exempt from the requirements in subsection 22 (1) if the licensee has guaranteed access to a generator for the home that can be operational within three hours of a power outage and the generator can maintain everything required under clauses 22 (1) (a), (b) and (c). 13.  The licensee is exempt from the requirement that physiotherapy services be on site under clause 65 (a). 14.  The licensee is exempt from section 67 if the therapy services are not provided at the place where the beds are located. 15.  The licensee is exempt from subsection 77 (7) unless there is a Residents’ Council for the home. 16.  The licensee is exempt from subsection 249 (3) as long as the Administrator meets one of the requirements set out in that subsection. 17.  The licensee is exempt from subsection 356 (2) except that provision shall apply to alterations, additions or renovations to the area or equipment that is used only by or for residents of the long-term care home. 18.  The licensee is exempt from subsection 356 (3) except that, i.  subject to subparagraph ii, paragraphs 1 and 2 of that subsection apply to the area or equipment that is used only by or for residents of the long-term care home, ii.  the approval of the Director is also required before the licensee commences any alterations, additions, renovations, maintenance or repairs to any part of the place if doing the work may significantly disturb or significantly inconvenience residents of the home. 19.  For greater certainty, the closure of all the long-term care beds is the closure of the home for the purposes of sections 357 to 363. O. Reg. 246/22, s. 370 (1), 390 (7). (2) Despite subsection 51 (7) of the Act, the licensee shall not approve for admission an applicant who requires the safety and security features from which the licensee is exempt under this section. O. Reg. 246/22, s. 370 (2). PART XII   Transition