Exemptions, alternative settings
 318. (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, 16 and 84 and subsection 85 (3) of the Act. 2. The licensee is exempt from subsections 8 (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 56 and 58 of the Act unless a resident of the home wishes to form a Residents’ Council. 4. The licensee is exempt from section 72 of the Act if there are fewer than 23 long-term care beds. 5. The licensee is exempt from clause 78 (2) (o) and clause 79 (3) (n) 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 85 (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 85 (4) of the Act unless there is a Residents’ Council or Family Council in the home. 8. The references in section 107, subsection 108 (3) and section 110 of the Act and sections 274 and 276 of this Regulation to the “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 9 (1), ii. paragraph 2 of subsection 9 (1), iii. section 10, iv. clause 11 (a), v. clauses 17 (1) (c) and (e), vi. section 18, vii. subsection 60 (1), viii. subsection 64 (2), ix. subsection 66 (2), x. section 67, xi. section 75, xii. section 76, xiii. section 78, as long as the licensee ensures that all food service workers hired after this section comes into force have completed the food service handler training program referred to in subsections 78 (3) and (6) before being hired, xiv. subsection 92 (2). 10. The licensee is exempt from subparagraph 1 iii of subsection 9 (1) except that the doors shall be equipped with an audible door alarm system. 11. The licensee is exempt from section 16, except for the requirement to have a screen. 12. The licensee is exempt from the requirements in subsection 19 (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 19 (1) (a), (b) and (c). 13. The licensee is exempt from the requirement that physiotherapy services be on site under clause 59 (a). 14. The licensee is exempt from section 61 if the therapy services are not provided at the place where the beds are located. 15. The licensee is exempt from clause 71 (1) (f) unless there is a Residents’ Council for the home. 16.  Revoked: O. Reg. 89/16, s. 5. 17. The licensee is exempt from subsection 212 (4) as long as the Administrator meets one of the requirements set out in that subsection. 18. The licensee is exempt from subsection 305 (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 305 (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. 20. For greater certainty, the closure of all the long-term care beds is the closure of the home for the purposes of sections 306 to 312.  O. Reg. 79/10, s. 318 (1); O. Reg. 363/11, s. 13; O. Reg. 246/13, s. 26; O. Reg. 89/16, s. 5. (2) Despite subsection 44 (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. 79/10, s. 318 (2). Transition