Exceptions
 254. (1) The requirements under subsection 81 (2) of the Act and sections 252 and 253 of this Regulation do not apply if the person who is, or who is being hired to be, a staff member who will perform work at the home, (a)  falls under clause (b) or (c) of the definition of “staff” in subsection 2 (1) of the Act; (b)  will only provide occasional maintenance or repair services to the home; (c)  will not provide direct care to residents; and (d)  will be monitored and supervised, in accordance with the licensee’s policies and procedures referred to in subsection 92 (3), while they provide services to the home. (2) When a licensee hires a Medical Director, or a physician or registered nurse in the extended class is retained or appointed under subsection 88 (2) or (3), the following modifications to the requirements of section 81 of the Act and section 252 of this Regulation apply: 1.  Subsection 81 (2) of the Act does not apply. 2.  Section 252 applies, despite paragraph 1 and subsection 252 (1), with the following modifications: i.  Subsections 252 (2) and (3) do not apply. ii.  Subsection 252 (5) applies to any charge, order or conviction or other outcome that occurred since the date the person was admitted to their College, unless subsection 255 (4) applies to the person. (3) When a licensee hires a staff member or accepts a volunteer during a pandemic, the following modifications to the requirements of section 81 of the Act and section 252 of this Regulation apply: 1.  Subsection 81 (2) of the Act does not apply. 2.  Section 252 applies, despite paragraph 1 and subsection 252 (1), with the following modifications: i.  subsections 252 (2) and (3) do not apply, ii.  if a police record check that complied with subsections 252 (2) and (3) was provided to the licensee, subsection 252 (5) applies, iii.  if a police record check that complied with subsections 252 (2) and (3) was not provided to the licensee, subsection 252 (5) does not apply and paragraph 1 of subsection 252 (4) applies with respect to any charge, order or conviction or other outcome, regardless of when they occurred. (4) If a staff member is hired or a volunteer is accepted during a pandemic and no police record check that complies with subsections 252 (2) and (3) was provided to the licensee, the licensee shall ensure that a such police record check is provided to the licensee within three months after the staff member was hired or the volunteer was accepted, and the licensee shall keep the results of the record check in accordance with the requirements in section 278 or 279 as applicable. (5) If a staff member was hired or a volunteer was accepted during a pandemic before this section came into force and no police record check that complied with subsections 215 (2) and (3) of Ontario Regulation 79/10 (General) made under the former Act was provided to the licensee, the licensee shall ensure that a police record check that complies with subsections 252 (2) and (3) of this Regulation is provided to the licensee within three months after this section comes into force and the licensee shall keep the results of the record check in accordance with the requirements in section 278 or 279 as applicable. (6) Subsections (4) and (5) do not apply with respect to a person who is no longer a staff member or volunteer at the time the police record check would have been required under those subsections.