Exemptions, homes with EldCap beds
 369. (1) In this section, “home with EldCap beds” means one of the following homes: (a)  Atikokan General Hospital (Atikokan), (b)  Bignucolo Residence (The) (Chapleau), (c)  Emo Health Centre (Emo), (d)  Espanola Nursing Home (Espanola), (e)  Geraldton District Hospital (Geraldton), (f)  North Shore Health Network — Eldcap Unit (Blind River), (g)  Hornepayne Community Hospital (Hornepayne), (h)  Lady Dunn Health Centre (Wawa), (i)  Lakeland Long Term Care (Parry Sound), (j)  Santé Manitouwadge Health (Manitouwadge), (k)  Nipigon District Memorial Hospital (Nipigon), (l)  Rainy River Health Centre (Rainy River), (m)  Rosedale Centre (Matheson), (n)  Smooth Rock Falls Hospital (Smooth Rock Falls), (o)  William A. “Bill” George Extended Care Facility (Sioux Lookout); (“foyer ayant des lits du programme EldCap”) “hospital” means, (a)  the Sioux Lookout Meno Ya Win Health Centre in the case of the home with EldCap beds within the meaning of clause (o) of the definition of “home with EldCap beds” in this subsection, (b)  the hospital site where the EldCap beds are located, in the case of homes with EldCap beds within the meaning of clauses (a), (b), (c), (e), (g), (h), (j), (k), (l), (m) and (n) of the definition of “home with EldCap beds” in this subsection. (“hôpital”) O. Reg. 246/22, s. 369 (1). (2) The following apply with respect to homes with EldCap beds within the meaning of clauses (a), (b), (c), (e), (g), (h), (j), (k), (l), (m), (n) and (o) of the definition of “home with EldCap beds” in subsection (1): 1.  The licensee is exempt from sections 4, 20 and 78, clause 95 (a) and section 96 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 on the site, including the hospital. 3.  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 hospital site that are used only by or for residents of the long-term care home. 4.  The licensee is exempt from the following provisions of this Regulation: i.  clauses 20 (c) and (e), ii.  section 21, iii.  subsection 70 (2), iv.  subsection 72 (2), v.  section 73, vi.  subsection 78 (5), vii.  section 81, viii.  section 82, ix.  section 83, x.  subsection 91 (4), xi.  subsection 98 (2), xii.  section 251, xiii.  section 288, xiv.  clauses 312 (a), (b) and (h). 5.  The licensee is exempt from section 313, except as it applies to clauses 312 (c), (d), (e), (f) and (g). 6.  The licensee is exempt from the requirement that physiotherapy services be on site under clause 65 (a). 7.  The licensee is exempt from the requirements in subsection 66 (1) unless therapy services are provided in the home or the hospital. 8.  The licensee is exempt from section 67 if the therapy services are not provided in the home or the hospital. 9.  The licensee may meet the requirements or measures provided for in the following provisions through the hospital: i.  sections 76 and 77, subsections 78 (1), (2), (3), (4), (6) and (7), sections 79, 80, 92, 93, 94, 95, 96 and 97, ii.  sections 123, 124, 125, 141 and 148. 10.  The licensee is exempt from subsection 249 (1), but must have an Administrator who is either a member of staff of the licensee or the hospital and who is on duty anywhere on the site, including the hospital. 11.  The licensee is exempt from subsection 249 (3) as long as the Administrator meets one of the requirements set out in that subsection. 12.  In meeting the requirements of sections 268 and 269, the licensee may use the emergency plan of the hospital. 13.  The licensee is exempt from sections 270 and 271. 14.  The licensee is exempt from section 278 as long as staff records are kept in the hospital and the records contain all the information required under that section and are accessible to an inspector. 15.  The licensee is exempt from section 279 as long as volunteer records are kept in the hospital and the records contain all the information required under that section and are accessible to an inspector. 16.  The licensee is exempt from section 280 as long as records about the members of the licensee’s board of directors, its board of management or committee of management or other governing structure are kept in the hospital and the records contain all the information required under that section and are accessible to an inspector. 17.  The licensee is exempt from section 281 as long as the records are kept by the hospital and the records are kept for the period set out in section 282. 18.  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. 19.  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 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 hospital if doing the work may significantly disturb or significantly inconvenience residents of the home. 20.  For greater certainty, the closure of all the EldCap beds is the closure of the home for the purposes of sections 357 to 363. O. Reg. 246/22, s. 369 (2). (3) The following apply with respect to homes with EldCap beds within the meaning of clauses (a), (b), (c), (e), (g), (h), (j), (k), (l), (m) and (n) of the definition of “home with EldCap beds” in subsection (1): 1.  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. 2.  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. 3.  The licensee is exempt from subsection 23.1 (4) if there is a cooling area, that meets the requirements under that subsection, in the hospital and the cooling area is used for the residents of the home. 4.  The licensee may meet the requirements or measures provided for in sections 138 and 139 through the hospital. O. Reg. 246/22, s. 369 (3); O. Reg. 66/23, s. 46 (1). (4) The following apply with respect to homes with EldCap beds within the meaning of clauses (d), (f) and (i) of the definition of “home with EldCap beds” in subsection (1): 1.  The licensee is exempt from clause 95 (a) and section 96 of the Act. 2.  The licensee is exempt from the following sections of the Act, subject to the following conditions, i.  the licensee is exempt from section 4 if it relies on the mission statement of the adjoining long-term care home, ii.  the licensee is exempt from section 20 if its organized volunteer program is part of the organized volunteer program of the adjoining long-term care home, iii.  the licensee is exempt from section 42 if its continuous quality improvement initiative is part of the initiative of the adjoining long-term care home. 3.  The licensee is exempt from the following provisions of this Regulation, subject to the following conditions: i.  the licensee is exempt from the requirements in section 22 if the adjoining long-term care home meets the requirements under section 22 that apply to the adjoining long-term care home and the generator can maintain everything required under clauses 22 (1) (a), (b) and (c) with respect to the licensee’s home, ii.  the licensee is exempt from subsection 23.1 (4) if there is a cooling area that meets the requirements under that subsection in the adjoining long-term care home and the cooling area is used for the residents of the licensee’s home, iii.  the licensee is exempt from the requirements under section 34 if it relies on the measures that are in place in the adjoining long-term care home and those measures meet the requirements under section 34, iv.  the licensee is exempt from the requirement that physiotherapy services be on site under clause 65 (a) if the services are on site in the adjoining long-term care home, v.  the licensee is exempt from the requirement under subsection 66 (1) if the therapy services are provided on site in the adjoining long-term care home, vi.  the licensee is exempt from the requirements under sections 70, 72, 98 and 101 if the designated lead for the adjoining long-term care home is the designated lead with respect to the licensee’s home and the lead meets the requirements under the relevant section. 4.  The licensee is exempt from section 288 and clauses 312 (a), (b) and (h). 5.  The licensee is exempt from section 313, except as it applies to clauses 312 (c), (d), (e), (f) and (g). 6.  The licensee may meet the requirements or measures provided for in the following provisions of this Regulation through the adjoining long-term care home: i.  sections 71, 76, 77, 78, 79, 80, subsection 81 (1), sections 82, 83 and 84, subsections 91 (2), (3) and (4) and sections 92, 93, 94, 95, 96 and 100, ii.  sections 123, 124, 125, 128, 130, 138, 139, 141, 145, subsection 147 (3) and section 148, iii.  sections 257, 258, 259, 260 and 261, iv.  section 263. 7.  The licensee may meet the requirements provided for in the following provisions of this Regulation if the measures required under those provisions are in place in the adjoining long-term care home and are used for the licensee’s home: i.  sections 107, 108, 110, 111 and 112, ii.  sections 264 and 265. 8.  In meeting the requirements of subsection 249 (1), the number of hours worked by the Administrator may be calculated based on the total number of EldCap beds and the number of beds in the adjoining home, and the Administrator may be on duty on site either in the home with the EldCap beds or the adjoining home. 9.  In meeting the requirements of section 249, the number of hours worked by the Director of Nursing and Personal Care may be calculated based on the total number of EldCap beds and the number of beds in the adjoining long-term care home. 10.  In meeting the requirements of Part III, the licensee may integrate its continuous quality improvement initiative with that of the adjoining long-term care home. 11.  In meeting the requirements of sections 268 and 269, the licensee may integrate its emergency plan with that of the adjoining long-term care home. 12.  The licensee is exempt from sections 270 and 271. 13.  The licensee is exempt from the requirements of section 276 if resident records are retained in the adjoining long-term care home and meet the requirements of that section. 14.  The licensee is exempt from section 278 if staff records are kept in the adjoining long-term care home and the records contain all the information required under that section. 15.  The licensee is exempt from section 281 if the staff records are kept by the licensee of the adjoining long-term care home and the records are kept for the period set out in section 282. 16.  The licensee may meet the requirements under section 286 through the measures that are in place in the adjoining long-term care home. O. Reg. 246/22, s. 369 (4); O. Reg. 66/23, s. 46 (2). (5) The following apply with respect to homes with EldCap beds within the meaning of clauses (d) and (f) of the definition of “home with EldCap beds” in subsection (1): 1.  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 on the site, including the site of the adjoining long-term care home. 2.  The placement co-ordinator is exempt from subsection 182 (1) with respect to the EldCap beds and shall keep one waiting list for the EldCap beds and the beds in the adjoining long-term care home. O. Reg. 246/22, s. 369 (5). (6) The following apply with respect to homes with EldCap beds within the meaning of clause (i) of the definition of “home with EldCap beds” in subsection (1): 1.  The licensee is exempt from subsection 11 (3) of the Act, as long as a registered nurse is on duty and present anywhere on the site, including the site of the adjoining long-term care home. 2.  If there is a management contract under section 113 of the Act under which the licensee of the adjoining home manages the EldCap beds, the placement co-ordinator is exempt from subsection 182 (1) of this Regulation with respect to the EldCap beds and shall keep one waiting list for the EldCap beds and the beds in the adjoining long-term care home. O. Reg. 246/22, s. 369 (6).