jswizzle3737/ontario_laws_and_regs huggingface dataset:
Requirements to be placed on waiting list, specialized unit
 219. (1) The appropriate placement co-ordinator shall place a person on the waiting list for admission to a specialized unit within a long-term care home under section 218 if, (a)  the person is determined by the placement co-ordinator to be eligible for long-term care home admission as a long-stay resident under section 172; (b)  the person applies in accordance with this Regulation for authorization of their admission to the specialized unit; (c)  the placement co-ordinator is satisfied, based on the assessments and information provided, that the person requires and is likely to benefit from the type of accommodation, care, services, programs and goods that are provided in the specialized unit; (d)  the licensee of the long-term care home approves the person’s admission to the specialized unit; and (e)  placing the person on the waiting list for the specialized unit will not result in the total number of long-stay program waiting lists on which the person is placed exceeding five, unless the person requires an immediate admission as a result of a crisis arising from their condition or circumstances. (2) For the purposes of clause (1) (e), where a person will be placed on the waiting list for a specialized unit in a long-term care home and will also be placed in category 3A or 3B on the waiting list for a unit or area of the home that is primarily engaged in serving the interests of persons of a particular religion, ethnic origin or linguistic origin under section 191 or will also be placed on the waiting list for the home other than in the unit or area or specialized unit, all of the waiting lists will be counted as one list.
Authorization of admission, specialized unit
 221. (1) The appropriate placement co-ordinator shall authorize the admission of an applicant to the specialized unit only if, (a)  the applicant’s admission may be authorized under section 203; and (b)  the applicant meets the requirements for placement on a waiting list for the specialized unit set out in section 219. (2) Clause (1) (b) does not apply, (a)  when there is no applicant on the waiting list for the specialized unit; and (b)  the Director has made a stipulation under subsection 216 (7) with respect to the specialized unit.
Reassessment
 222. (1) The licensee shall ensure that every resident of a specialized unit undergoes an interdisciplinary reassessment every three months, or sooner if there is a change in the resident’s condition or circumstances, to determine whether the resident continues to require and is benefiting from the accommodation, care, services, programs and goods provided in the specialized unit. (2) Subsection (1) does not apply with respect to a resident who is admitted pursuant to a stipulation made under subsection 216 (7).
Transfer, specialized units
 223. (1) The licensee of a long-term care home may transfer a resident who is being discharged from a specialized unit under subsection 158 (7) to another area in the home. (2) The licensee shall notify the placement co-ordinator of every transfer under subsection (1) within 24 hours. (3) The licensee shall keep a separate transfer list in accordance with section 239 in respect of the accommodation in the specialized unit, and section 239 applies with necessary modifications to transfers of residents within the specialized unit. (4) A resident who is transferred under subsection (1) is deemed to have been discharged from the specialized unit and admitted to the home. (5) The licensee may transfer residents out of a specialized unit and into another area of the home despite the rules concerning transfer lists in section 239, subject to the first priority being given to residents described in clause 239 (1) (f) and despite subsection 239 (7).
Transfer from specialized unit — resident admitted pursuant to a stipulation
 224. (1) The licensee of a long-term care home shall transfer a resident who was admitted to the specialized unit pursuant to a stipulation made under subsection 216 (7) to a bed in another area of the home in the class of accommodation chosen by the resident as soon as such a bed becomes available. (2) Subsection (1) applies despite the rules concerning transfer lists in section 239, subject to first priority being given to residents described in clause 239 (1) (f) and despite subsection 239 (7). (3) A resident who is transferred under subsection (1) is deemed to have been admitted to the home. (4) The licensee shall notify the placement co-ordinator of every transfer under subsection (1) within 24 hours. (5) Subsection 223 (3) applies to residents admitted to the specialized unit pursuant to the stipulation under subsection 216 (7).
Revocation of designation of specialized unit
 225. (1) The Director may revoke the designation of a specialized unit in a long-term care home, or the designation of some of the beds in a specialized unit, in accordance with any terms and conditions the Director may specify, (a)  upon the recommendation of the Agency; or (b)  upon the Director’s own initiative. (2) Where the Agency recommends a revocation to the Director, it shall provide the Director with, (a)  the reason or reasons for recommending the revocation; (b)  a plan developed by the Agency in consultation with the licensee and the appropriate placement co-ordinator that sets out, (i)  the arrangements that will be made for the accommodation, care and services of the residents of the specialized unit, and (ii)  anticipated timelines for carrying out the plan; and (c)  a proposal for what is to occur with respect to the beds that will no longer be designated as part of the specialized unit. (3) Where the Director revokes a designation on the Director’s own initiative, the Agency shall provide the Director with the plan referred to in clause (2) (b). (4) When the Director revokes a designation, the Director shall, (a)  inform the licensee, the Agency and the appropriate placement co-ordinator of the revocation; and (b)  provide the approved plan, with or without amendments made by the Director, to the licensee, the Agency, and the appropriate placement co-ordinator. (5) The licensee shall comply with the plan as approved by the Director and, upon receiving the approved plan from the Director, shall, (a)  advise in writing each resident who will be affected by the revocation and the resident’s substitute decision-maker, if any, of the revocation; and (b)  contact those residents and substitute decision-makers to begin the process of making alternate arrangements. (6) In accordance with the approved plan, the appropriate placement co-ordinator shall, (a)  inform applicants on the waiting list for admission to the specialized unit that the designation is being revoked; (b)  cease the authorization of admissions to the specialized unit in accordance with the approved plan; and (c)  cease keeping a separate waiting list for the specialized unit in the long-term care home. (7) Where the Director has designated a specialized unit for a specified time, the expiry of the specified time is deemed to be a revocation on the Director’s own initiative for the purposes of this section. Reunification Priority Access Beds
Reunification Priority Access Beds
nan
Designation of beds
 226. (1) The Director may designate a specified number of long-stay program beds in a long-term care home as reunification priority access beds, subject to any terms and conditions as the Director may specify. (2) A licensee shall comply with the terms and conditions of a designation. (3) The Director may, at any time, amend the terms and conditions of a designation or revoke the designation. (4) The Director shall advise the licensee for the long-term care home in which one or more reunification priority access beds are designated and the appropriate placement co-ordinator in writing of, (a)  the designation and any terms and conditions to which it is subject; (b)  if the Director amends the terms and conditions, the amended terms and conditions; and (c)  if the Director revokes the designation, the revocation of the designation.
Waiting lists and ranking, reunification priority access beds
 227. (1) The appropriate placement co-ordinator for a long-term care home shall keep a separate waiting list for admission to the reunification priority access beds designated within the home in accordance with this Regulation that is in addition to and separate from any waiting list that is required to be kept under section 182. (2) The appropriate placement co-ordinator shall place a person on a waiting list for admission to a reunification priority access bed in a long-term care home if, (a)  the person is determined by the placement co-ordinator to be eligible for long-term care home admission as a long-stay resident under section 172; (b)  the person applies in accordance with this Regulation for authorization of their admission to a reunification priority access bed in a long-term care home in which the person’s spouse or partner is a long-stay resident; (c)  the licensee of the long-term care home approves the person’s admission to the reunification priority access bed; and (d)  the person meets the requirements for placement in category 1 on the waiting list for a long-term care home under section 188. (3) The following rules apply to the priority for admission to a reunification priority access bed: 1.  The highest priority shall be given to applicants on a waiting list for admission to a reunification priority access bed in a long-term care home who continue to meet the requirements under subsection (2) when the vacancy arises. As among themselves, they shall be ranked for admission according to the date on which their spouses or partners were admitted to the long-term care home. 2.  If there is no person on the waiting list for admission to a reunification priority access bed described in paragraph 1 when the vacancy arises, all other applicants who are on the waiting list for the home that is required to be kept under section 182 shall be ranked for admission to the reunification priority access bed in accordance with the ranking of waiting list categories set out in Column 6 of the Table to section 199 and the rules for ranking within categories set out in section 200.
Admission to reunification priority access beds
 228. (1) The appropriate placement co-ordinator shall authorize the admission of an applicant to a reunification priority access bed only if, (a)  the applicant’s admission may be authorized under section 203; and (b)  the applicant meets the requirements for placement on a waiting list for admission to a reunification priority access bed set out in subsection 227 (2) when the vacancy arises. O. Reg. 246/22, s. 228 (1). (2) Clause (1) (b) does not apply if there is no applicant on the waiting list for admission to a reunification priority access bed who meets the requirements in subsection 227 (2) when the vacancy arises. O. Reg. 246/22, s. 228 (2). (3) A reunification priority access bed that is occupied by a resident who was admitted to the bed from the waiting list that is required to be kept under section 182 ceases to be designated as a reunification priority access bed. O. Reg. 246/22, s. 228 (3). (4) If a reunification priority access bed ceases to be designated under subsection (3), the next long-stay program bed that becomes vacant is deemed to be a reunification priority access bed if, when the vacancy arises, (a)  all of the designated reunification priority access beds in the long-term care home are occupied; (b)  there is at least one person on the waiting list that is required to be kept under subsection 227 (2) who has requested the same class of accommodation as the vacant bed; and (c)  there is no resident described in clause 239 (1) (f) in the home. O. Reg. 246/22, s. 228 (4). (5) Subsection (4) applies despite subsections 223 (1) and (5), subsections 224 (1) and (2), the rules concerning transfer lists in section 239 and subsection 239 (7). O. Reg. 246/22, s. 228 (5). (6) The appropriate placement co-ordinator shall keep the licensee informed as to whether or not there is at least one person on the waiting list that is required to be kept under subsection 227 (2). O. Reg. 246/22, s. 228 (6). (7) A licensee of a long-term care home in which one or more long-stay program beds have been designated as reunification priority access beds shall keep a list of the names of each resident of the home who was admitted to a reunification priority access bed from the waiting list that is required to be kept under subsection 227 (2), the date of admission and the date on which the resident is discharged from the home or is no longer deemed to occupy a reunification priority access bed in accordance with subsection (8). O. Reg. 246/22, s. 228 (7); O. Reg. 484/22, s. 1 (1). (8) A person who is admitted to a reunification priority access bed from the waiting list that is required to be kept under subsection 227 (2) is deemed to occupy a reunification priority access bed despite a transfer that is described in section 239, until the person or their spouse or partner is discharged from the long-term care home. O. Reg. 484/22, s. 1 (2). High Acuity Priority Access Beds
High Acuity Priority Access Beds
nan
Admission to high acuity priority access beds
 231. (1) The appropriate placement co-ordinator shall authorize the admission of an applicant to a high acuity priority access bed only if, (a)  the applicant’s admission may be authorized under section 203; and (b)  the applicant meets the requirements for placement on a waiting list for admission to a high acuity priority access bed set out in subsection 230 (3) when the vacancy arises. (2) Despite clause (1) (b), if there is no applicant on the waiting list for admission to a high acuity priority access bed who meets the requirements in subsection 230 (3) when the vacancy arises, an applicant from the waiting list that is required to be kept under section 182 may be admitted to the bed. (3) The appropriate placement co-ordinator shall keep the licensee informed as to whether or not there is at least one person on the waiting list that is required to be kept under subsection 230 (2).
Discharge and transfer, high acuity priority access beds
 232. (1) A licensee of a long-term care home shall discharge a resident from a high acuity priority access bed if, (a)  the interdisciplinary reassessment required under section 233 indicates that the resident no longer requires and benefits from the type of care described in clause 230 (3) (c); and (b)  alternative arrangements have been made for the care required by the resident. (2) The licensee of a long-term care home may transfer a resident who is being discharged from a high acuity priority access bed under subsection (1) to another bed in the home. (3) A resident who is transferred under subsection (2) is deemed to have been discharged from the high acuity priority access bed and admitted to the home. (4) The licensee may transfer residents out of a high acuity priority access bed and into another bed in the home despite the rules concerning transfer lists in section 239, subject to the first priority being given to residents described in clause 239 (1) (f) and despite subsection 239 (7). (5) The licensee of a long-term care home shall transfer a resident who was admitted to a high acuity priority access bed from the waiting list kept under section 182 to another bed in the home in the class of accommodation chosen by the resident as soon as such a bed becomes available. (6) Subsection (5) applies despite the rules concerning transfer lists in section 239, subject to first priority being given to residents described in clause 239 (1) (f) and despite subsection 239 (7). (7) A resident who is transferred under subsection (5) is deemed to have been admitted to the home. (8) The licensee shall notify the placement co-ordinator of every transfer under this section within 24 hours.
Reassessment
 233. (1) The licensee shall ensure that every resident in a high acuity priority access bed undergoes an interdisciplinary reassessment every three months, or sooner if there is a change in the resident’s condition or circumstances, to determine whether the resident continues to require and is benefiting from the care provided in the high acuity priority access bed. (2) Subsection (1) does not apply with respect to a resident who is admitted to a high acuity priority access bed from the waiting list kept under section 182.
Deemed basic accommodation
 234. A resident who is admitted to a high acuity priority access bed from the waiting list kept under section 230 is deemed to be in long-stay basic accommodation for the purposes of sections 290 to 309 as long as the resident is occupying the high acuity priority access bed. Direct Access Beds
Direct Access Beds
nan
Designation of beds, amendment and revocation, direct access beds
 235. (1) The Minister may designate a specified number of long-stay program beds in a long-term care home as direct access beds, subject to any terms and conditions as the Minister may specify. (2) A licensee shall comply with the terms and conditions of a designation. (3) The Minister may, at any time, (a)  amend the terms and conditions of a designation; or (b)  revoke the designation, subject to any terms or conditions the Minister considers appropriate. (4) The Minister shall advise the licensee for the long-term care home in which one or more direct access beds are designated and the appropriate placement co-ordinator in writing of, (a)  the designation and any terms and conditions to which it is subject; (b)  if the Minister amends the terms and conditions, the amended terms and conditions; and (c)  if the Minister revokes the designation, the revocation of the designation and any terms and conditions of the revocation. (5) Immediately after being advised of a revocation under clause (4) (c), the appropriate placement co-ordinator shall, (a)  inform applicants on the waiting list for admission to the direct access bed that the designation is being revoked; (b)  cease the authorization of admissions to the direct access bed; and (c)  cease keeping a separate waiting list for the direct access bed in the long-term care home. (6) Where a revocation is made under clause (4) (c), a resident who is occupying a direct access bed is deemed to have been discharged from the direct access bed and admitted to the long-term care home.
Waiting lists and ranking, direct access beds
 236. (1) Sections 186 to 200 do not apply to an applicant seeking admission to a direct access bed within a long-term care home. (2) The appropriate placement co-ordinator for a long-term care home shall keep a separate waiting list for admission to the direct access beds designated within the home in accordance with this Regulation that is in addition to and separate from any waiting list that is required to be kept under section 182. (3) The appropriate placement co-ordinator shall place a person on a waiting list for admission to a direct access bed in a long-term care home if, (a)  the person requires immediate admission to a long-term care home; (b)  the person is determined by the placement co-ordinator to be eligible for long-term care home admission as a long-stay resident under section 172; (c)  the person occupies a bed in a hospital under the Public Hospitals Act that is specified in a designation made by the Minister under section 235; and (d)  the person requires an alternate level of care at the hospital specified in the designation for at least 60 days while waiting to be admitted to a long-term care home. (4) Applicants on a waiting list for a direct access bed in a long-term care home shall be ranked for admission based upon the time at which the hospital in which they occupy a bed determines that they require an alternate level of care leading to discharge to a long-term care home. (5) The appropriate placement co-ordinator shall, (a)  inform every applicant for a direct access bed and their substitute decision-maker, if any, that the applicant is only permitted to be on one waiting list for the home with the bed; and (b)  only place an applicant on the waiting list for a direct access bed in a long-term care home if the applicant or their substitute decision-maker, if any, consents to their being removed from every other waiting list for the home. (6) Where a designation has been made under section 235, the appropriate placement co-ordinator shall, (a)  advise persons on the waiting lists for long-term care homes who meet the requirements under subsection (3) or their substitute decision-makers, if any, of the designation and ask them if they desire to be placed on the waiting list for a direct access bed; and (b)  place a person mentioned in clause (a) on the waiting list for a direct access bed if the person or their substitute decision-maker, if any, consents to their being placed on the list.
Admission to direct access beds
 237. (1) The appropriate placement co-ordinator shall authorize the admission of an applicant to a direct access bed only if, (a)  the applicant’s admission may be authorized under section 203; and (b)  the applicant meets the requirements for placement on a waiting list for admission to a direct access bed set out in subsection 236 (3) when the vacancy arises. (2) Despite clause (1) (b), if there is no applicant on the waiting list for admission to a direct access bed when the vacancy arises, an applicant from the waiting list that is required to be kept under section 182 may be admitted to the bed. (3) The appropriate placement co-ordinator shall keep the licensee informed as to whether or not there is at least one person on the waiting list that is required to be kept under subsection 236 (2).
Transfer, direct access beds
 238. (1) The licensee of a long-term care home shall transfer a resident who was admitted to a direct access bed from the waiting list kept under section 182 to another bed in the home in the class of accommodation chosen by the resident as soon as such a bed becomes available. (2) Subsection (1) applies despite the rules concerning transfer lists in section 239, subject to first priority being given to residents described in clause 239 (1) (f) and despite subsection 239 (7). (3) A resident who is transferred under subsection (1) is deemed to have been admitted to the home. (4) The licensee shall notify the placement co-ordinator of every transfer under subsection (1) within 24 hours. (5) A resident occupying a direct access bed who was not admitted to a direct access bed from the waiting list kept under section 182 and who desires to transfer to another class of accommodation in the long-term care home shall be transferred in accordance with the rules set out in section 239, but is deemed to continue to occupy a direct access bed. Transfer List
Transfer List
nan
Special Circumstances
nan
Residents previously admitted to preferred accommodation under pandemic, hospital admissions
 240.4 (1) This section applies in the following circumstances: 1.  Where a resident was admitted to a long-term care home under section 208.2 of Ontario Regulation 79/10 (General) made under the former Act. 2.  Where a resident was admitted to a long-term care home under section 242 of this Regulation prior to the coming into force of this section. 3.  Where a person consented to the admission under section 242 of this Regulation but did not move into the home before the coming into force of this section. O. Reg. 484/22, s. 2. (2) If the placement co-ordinator authorized the admission of a resident or person described in subsection (1) to preferred accommodation when basic accommodation had been requested, the licensee shall place the resident on the internal transfer list in accordance with clause 239 (1) (a) as of the date of their admission even if they have not explicitly requested the transfer. O. Reg. 484/22, s. 2.
Imminent closure of home
 240.5 (1) In cases where only basic accommodation has been requested by the resident or their substitute decision-maker, if any, a placement co-ordinator may authorize the temporary admission of a resident of a home into preferred accommodation in another home where all of the following circumstances exist: 1.  The resident’s current home is facing a closure that has been designated as an imminent home closure pursuant to section 361.1. 2.  The second home is one where the resident has applied for admission for basic accommodation only, but only preferred accommodation is available. 3.  The resident or the resident’s substitute decision-maker, if any, consents to the admission. O. Reg. 66/23, s. 35. (2) Where a placement co-ordinator has authorized an admission under subsection (1) and the resident moves into the second home, the licensee of the second home shall make the preferred accommodation available to the resident as basic accommodation. O. Reg. 66/23, s. 35. (3) If the placement co-ordinator authorizes placement in preferred accommodation under this section and the resident moves into the home, the licensee shall place them on the internal transfer list in accordance with clause 239 (1) (a) on the date of the resident’s admission even if the resident has not explicitly requested the transfer. O. Reg. 66/23, s. 35. (4) If a resident is admitted to preferred accommodation under this section, the licensee is eligible to charge the resident for preferred accommodation in accordance with the Act and this Regulation, including the agreement referred to in paragraph 2 of subsection 94 (1) of the Act, where, (a)  the resident or their substitute decision-maker, if any, refuses an offer to transfer to basic accommodation; or (b)  the resident or their substitute decision-maker, if any, chooses that the resident stay in preferred accommodation. O. Reg. 66/23, s. 35.
Special circumstances, pandemic, residents admitted previously
 243. (1) This section applies where a resident was admitted to a long-term care home under section 208.2 of Ontario Regulation 79/10 (General) made under the former Act or where a person consented to the admission under section 208.2 of that Regulation but did not move into the home before the coming into force of this section. O. Reg. 246/22, s. 243 (1); O. Reg. 484/22, s. 4. (2) Where this section applies, placement co-ordinators and licensees are exempt from complying with the requirements under Part IV of the Act to the extent necessary to effect the admission and the following modifications are made respecting the application of Part IV of the Act: 1.  The resident is deemed to be eligible for admission to the home or homes they have selected. 2.  The resident is not required to make the application for authorization of admission in writing, as long as they have provided consent to the disclosure of all information necessary for the appropriate placement co-ordinator to deal with the application. 3.  The licensee of the resident’s home shall assist the placement co-ordinator by providing information about the care that is being given to the resident and information that the licensee has about the resident’s, i.  physical and mental health, ii.  requirements for medical treatment and health care, iii.  functional capacity, iv.  requirements for personal care, and v.  behaviour. 4.  The appropriate placement co-ordinator shall co-ordinate the provision, to the licensee of the home for which authorization of admission is sought, of as much information as is available in the circumstances about the matters listed in paragraph 3 and the licensee shall make the decision whether to approve or withhold approval for admission based on this information. 5.  For the purposes of ranking the resident within a category under sections 190, 191, 192, 193, 194 and 220, the time for which the resident applied for authorization of admission is deemed to be the date of the resident’s admission to the home under section 208.2 of Ontario Regulation 79/10 (General) made under the former Act if that date is earlier than the one that would otherwise apply. 6.  The appropriate placement co-ordinator shall place the resident in category 1 of the waiting list referred to in section 188 for the resident’s first choice of home, unless the resident would otherwise be placed in a higher ranking category, but the appropriate placement co-ordinator shall not place the resident in category 1 of the waiting list referred to in section 188 for a transfer to a subsequent home unless the resident meets the requirements for that category. 7.  The appropriate placement co-ordinator shall authorize the admission only if the resident consents to the admission. O. Reg. 246/22, s. 243 (2).
Pandemic, admissions from community
 244. (1) This section applies in the special circumstance of processing the admission to a long-term care home during a pandemic of a person, other than a person described in section 242. (2) Where a person described in subsection (1) requires admission to a long-term care home, placement co-ordinators and licensees are exempt from complying with the requirements under Part IV of the Act to the extent necessary to effect the admission and the following modifications are made respecting the application of Part IV of the Act: 1.  The placement co-ordinator shall make a determination of eligibility for admission to a long-term care home based on as much information as is available in the circumstances about the person’s, i.  physical and mental health, ii.  requirements for medical treatment and health care, iii.  functional capacity, iv.  requirements for personal care, and v.  behaviour. 2.  The appropriate placement co-ordinator shall co-ordinate the provision, to the licensee of the home for which authorization of admission is sought, of as much information as is available in the circumstances about the matters listed in paragraph 1, and this information may be communicated orally. 3.  The licensee shall, either orally or in writing, approve or withhold approval of the admission in accordance with subsections 51 (7) to (9) of the Act, as modified by this section, within five days of receiving the information under paragraph 2, and if the licensee withholds approval of the person’s admission, the licensee shall, at the time of withholding, either orally or in writing inform the appropriate placement co-ordinator of the ground or grounds on which the licensee is withholding approval and a brief explanation of why, but is not required to notify the person. 4.  Subsection 184 (1) does not apply if the reason a person refuses to consent to admission to a home is that there is a pandemic. 5.  The appropriate placement co-ordinator shall authorize the admission only if the person consents to the admission.
Transitional, Admissions
nan
Transitional, admissions
 246. (1) This section applies when a person had applied for a determination of eligibility for or authorization of admission to a long-term care home under the former Act before the coming into force of this section and the person has not yet been admitted to the home. (2) If the appropriate placement co-ordinator offered to authorize the person’s admission to a home and the person accepted the offer before the coming into force of this section and moves into the home after the coming into force of this section, then the provisions of the former Act continue to apply to the offer. (3) If the appropriate placement co-ordinator offered to authorize the person’s admission to a home and the person did not accept the offer prior to the coming into force of this section, this Regulation applies to the offer as if the offer had been made under this Regulation. (4) If, before the coming into force of this section, the appropriate placement co-ordinator did not offer to authorize the person’s admission to a home, this Regulation applies to the application.
Transitional, short-stay residents
 247. Where, during the calendar year that this section comes into force, a person was admitted to a home under the former Act as a short-stay resident in the respite care, convalescent care or interim bed program, the total length of stay in the program shall be counted for the purposes of subsections 206 (4) and (5) and section 214. PART V   COUNCILS
PART V COUNCILS
nan
Detailed allocation
 248. For the purposes of subparagraph 9 iii of subsection 63 (1) and subparagraph 7 iii of subsection 66 (1) of the Act, “detailed allocation” means the reconciliation report for a calendar year, together with the auditor’s report on that reconciliation report, that is submitted to the Minister under clause 288 (1) (a) and to, (a)  the local health integration network for the geographic region in which the long-term care home is located as is, or was previously, required by regulations made under the Local Health System Integration Act, 2006, or (b)  the Agency, as is required by regulations made under the Connecting Care Act, 2019. PART VI   OPERATION OF HOMES Administrator
PART VI OPERATION OF HOMES
nan
Administrator
nan
Administrator
 249. (1) Every licensee of a long-term care home shall ensure that the home’s Administrator works regularly in that position on site at the home for the following amount of time per week: 1.  In a home with a licensed bed capacity of 64 beds or fewer, at least 16 hours per week. 2.  In a home with a licensed bed capacity of more than 64 but fewer than 97 beds, at least 24 hours per week. 3.  In a home with a licensed bed capacity of 97 beds or more, at least 35 hours per week. (2) An Administrator who is attending a meeting or training related to their position as Administrator is considered to be working on site at the home as long as they are available by telephone. (3) Subject to subsection (4), the licensee shall ensure that everyone hired as an Administrator, (a)  has a post-secondary degree from a program that is a minimum of three years in duration, or a post-secondary diploma in health or social services from a program that is a minimum of two years in duration; (b)  has at least three years working experience, (i)  in a managerial or supervisory capacity in the health or social services sector, or (ii)  in another managerial or supervisory capacity, if they have already successfully completed the course mentioned in clause (d); (c)  has demonstrated leadership and communications skills; and (d)  has successfully completed or, subject to subsection (5), is enrolled in, a program in long-term care home administration or management that is a minimum of 100 hours in duration of instruction time. (4) A person who was working or employed as an Administrator on July 1, 2010 and has continued to work or be employed in that position may be hired for another position as an Administrator in a different long-term care home if the person, (a)  worked or was employed as an Administrator in a long-term care home, (i)  on a full-time basis for at least three years during the five years immediately before being employed in the different home, or (ii)  on a part-time basis for the equivalent of at least three full-time years during the seven years immediately before being employed in the different home; and (b)  has successfully completed or, subject to subsection (5), is enrolled in, a program in long-term care home administration or management that is a minimum of 100 hours in duration of instruction time. (5) The licensee shall cease to employ as an Administrator a person who was required to be enrolled in a program described in clause (3) (d) or (4) (b) if the person ceases to be enrolled in the program or fails to successfully complete the program within the following periods: 1.  For a program that includes at least 400 hours of instruction time, the maximum period is five years from the day the person is hired as an Administrator. 2.  For a program that includes more than 200 but less than 400 hours of instruction time, the maximum period is three years from the day the person is hired as an Administrator. 3.  For a program that includes 200 or less hours of instruction time, the maximum period is two years from the day the person is hired as an Administrator. Director of Nursing and Personal Care
Director of Nursing and Personal Care
nan
Director of Nursing and Personal Care
 250. (1) Every licensee of a long-term care home shall ensure that the home’s Director of Nursing and Personal Care works regularly in that position on site at the home for the following amount of time per week: 1.  In a home with a licensed bed capacity of 19 beds or fewer, at least four hours per week. 2.  In a home with a licensed bed capacity of more than 19 but fewer than 30 beds, at least eight hours per week. 3.  In a home with a licensed bed capacity of more than 29 but fewer than 40 beds, at least 16 hours per week. 4.  In a home with a licensed bed capacity of more than 39 but fewer than 65 beds, at least 24 hours per week. 5.  In a home with a licensed bed capacity of 65 beds or more, at least 35 hours per week. (2) For homes with a licensed bed capacity of more than 39 beds, a Director of Nursing and Personal Care who is attending a meeting or training related to their position as a Director of Nursing and Personal Care is considered to be working on site at the home as long as they are available by telephone. (3) The licensee shall ensure that everyone hired as a Director of Nursing and Personal Care, (a)  has at least one year of experience working as a registered nurse in the long-term care sector; (b)  has at least three years of experience working as a registered nurse in a managerial or supervisory capacity in a health care setting; and (c)  has demonstrated leadership and communication skills. (4) Despite subsection (3), a person who was working or employed as a Director of Nursing and Personal Care in a long-term care home immediately before July 1, 2010 may be hired as a Director of Nursing and Personal Care in a different home if the person worked or was employed as a Director of Nursing and Personal Care in a long-term care home, (a)  on a full-time basis for at least three years during the five years immediately before being employed in the different home; or (b)  on a part-time basis for the equivalent of at least three full-time years during the seven years immediately before being employed in the different home. (5) Subsection 77 (4) of the Act and subsection (1) of this section do not apply during a pandemic. Medical Director
Medical Director
nan
Medical Director
 251. (1) Every licensee of a long-term care home shall enter into a written agreement with the Medical Director for the home that provides for at least the following: 1.  The term of the agreement. 2.  The responsibilities of the licensee. 3.  The responsibilities or duties of the Medical Director under clause 78 (3) (b) of the Act, as set out in subsection (4) of this section. 4.  That the Medical Director will complete, i.  the Ontario Long Term Care Clinicians’ Medical Director course within 12 months after the Medical Director first begins to perform their duties and responsibilities or, if the Medical Director was the Medical Director of the home when this section comes into force, within 12 months after this section comes into force, and ii.  such other training as is specified in the agreement, within the time period specified in the agreement. 5.  The minimum number of hours the Medical Director is required to spend on-site at the home for each month and the specific duties the Medical Director must perform onsite, as required by the licensee. O. Reg. 246/22, s. 251 (1). (2) Revoked: O. Reg. 66/23, s. 36 (1). (3) The Medical Director of a long-term care home may not be, (a)  the licensee of the home; (b)  a person having a controlling interest in the licensee; or (c)  in the case of a licensee that is a corporation, a member of the board of the corporation. O. Reg. 246/22, s. 251 (3). (4) For the purposes of clause 78 (3) (b) of the Act, the Medical Director has the following responsibilities and duties: 1.  Development, implementation, monitoring and evaluation of medical services. 2.  Advising on and approving clinical policies and procedures. 3.  Communication of expectations to attending physicians and registered nurses in the extended class, including communicating relevant medical policies and procedures. 4.  Addressing issues relating to resident care, after-hours coverage and on-call coverage. 5.  Attendance and participation in interdisciplinary committees and quality improvement activities. 6.  Providing oversight of resident medical care in the home. O. Reg. 246/22, s. 251 (4); O. Reg. 66/23, s. 36 (2). Screening Measures and Ongoing Declarations
Screening Measures and Ongoing Declarations
nan
Hiring staff, accepting volunteers
 252. (1) This section applies where a police record check is required before a licensee hires a staff member or accepts a volunteer as set out in subsection 81 (2) of the Act. (2) 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)  conducted within six months before the staff member is hired or the volunteer is accepted by the licensee. (3) The police record check must be a vulnerable sector check referred to in paragraph 3 of subsection 8 (1) of the Police Record Checks Reform Act, 2015, and be conducted to determine the person’s suitability to be a staff member or volunteer in a long-term care home and to protect residents from abuse and neglect. (4) The licensee shall require that the person provide the licensee, before the person is hired as a staff member or accepted as a volunteer, with a signed declaration disclosing the following: 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 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). (5) Paragraph 1 of subsection (4) applies with respect to any charge, order or conviction or other outcome that occurred since the date the person’s police record check under subsection (2) was conducted. (6) Subparagraph 2 i of subsection (4) does not apply with respect to a proceeding that ended more than five years before the staff member is hired or the volunteer accepted. (7) Subparagraph 2 ii of subsection (4) 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 the staff member is hired or the volunteer accepted; or (b)  a finding of guilt that did not result in a suspension, if the finding of guilt occurred more than five years before the staff member is hired or the volunteer accepted.
Declarations for staff and volunteers
 253. (1) The licensee of a long-term care home shall require every person who is a staff member or volunteer at the home to provide the licensee with signed declarations disclosing the following: 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 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). (2) Declarations under subsection (1) apply with respect to any charge, order, conviction or other outcome, commencement of a proceeding or finding of guilt that the person became aware of since this section came into force and shall be provided promptly after the person became aware. (3) The licensee of a long-term care home shall require every person who is a staff member or volunteer at the home on the day this section comes into force to provide the licensee with signed declarations disclosing all the following that occurred with respect to the person: 1.  Every commencement of a proceeding that could lead to a finding of guilt of an act of misconduct prescribed under subsection 255 (2). 2.  Every finding of guilt of an act of misconduct prescribed under subsection 255 (2). (4) Paragraph
1 of subsection (3) does not apply with respect to a proceeding that ended more than five years before this section came into force. (5) Paragraph
2 of subsection (3) 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. (6) The licensee of a long-term care home shall require the declaration of a staff member or volunteer under subsection (3) to be provided within one month after the staff member first works, or volunteer first volunteers, at the home after this section comes into force.
Training and Orientation
nan
Training and orientation program
 257. (1) Every licensee of a long-term care home shall ensure that a training and orientation program for the home is developed and implemented to provide the training and orientation required under sections 82 and 83 of the Act. (2) The licensee shall ensure that, at least annually, the program is evaluated and updated in accordance with evidence-based practices and, if there are none, in accordance with prevailing practices. (3) The licensee shall keep a written record relating to each evaluation under subsection (2) that includes the date of the evaluation, the names of the persons who participated in the evaluation, a summary of the changes made and the date that those changes were implemented.
Designated lead
 258. The licensee shall ensure that there is a designated lead for the training and orientation program.
Orientation
 259. (1) For the purposes of paragraph 11 of subsection 82 (2) of the Act, the following are additional areas in which training shall be provided: 1.  The licensee’s written procedures for handling complaints and the role of staff in dealing with complaints. 2.  Safe and correct use of equipment, including therapeutic equipment, mechanical lifts, assistive aids and positioning aids, that is relevant to the staff member’s responsibilities. 3.  Cleaning and sanitizing of equipment relevant to the staff member’s responsibilities. (2) The licensee shall ensure that the training for staff in infection prevention and control required under paragraph 9 of subsection 82 (2) of the Act includes, (a)  hand hygiene; (b)  modes of infection transmission; (c)  signs and symptoms of infectious diseases; (d)  respiratory etiquette; (e)  what to do if experiencing symptoms of infectious disease; (f)  cleaning and disinfection practices; (g)  use of personal protective equipment including appropriate donning and doffing; and (h)  handling and disposing of biological and clinical waste including used personal protective equipment. (3) Subsection 82 (3) of the Act does not apply during a pandemic, and instead, the training required under section 82 of the Act must be provided, (a)  within one week of when the person begins performing their responsibilities, with respect to the matters set out in paragraphs 1, 3, 4, 7, 8 and 9 of subsection 82 (2) of the Act; and (b)  within three months of when the person begins performing their responsibilities, with respect to the remaining matters set out in subsection 82 (2) of the Act.