Police record check
 215. (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 75 (2) of the Act. O. Reg. 451/18, s. 3 (1). (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. O. Reg. 451/18, s. 3 (1). (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. O. Reg. 451/18, s. 3 (1). (4) Subject to Column 4 of the Table to section 1 of the Schedule to the Police Record Checks Reform Act, 2015, the licensee shall require that the staff member or volunteer provide the licensee with a signed declaration disclosing the following with respect to the period since the date the person’s last police record check under subsection (2) was conducted: 1.   Every offence with which the person has been charged under the Cannabis Act (Canada), the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada) and the outcome of the charge. 2.   Every order of a judge or justice of the peace made against the person in respect of an offence under the
Cannabis Act (Canada), the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada), including a peace bond, probation order, prohibition order or warrant to arrest. 3.   Every offence of which the person has been convicted under the Cannabis Act (Canada), the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada). O. Reg. 451/18, s. 3 (1). (5) Statements under subsection (4) must be provided promptly, (a) after the person has been made aware that they have been charged or an order has been made; and (b) after the person has been convicted or a charge is otherwise disposed of.  O. Reg. 79/10, s. 215 (5). (6) The requirements of subsection 75 (2) of the Act and of subsections (1) to (5) of this section do not apply if the person 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 86 (3), while he or she provides services to the home.  O. Reg. 79/10, s. 215 (6). (7) The requirements of subsection 75 (2) of the Act and of subsections (1) to (5) of this section do not apply to, (a) Medical Directors; and (b) physicians or registered nurses in the extended class retained or appointed under subsection 82 (2) or (3).  O. Reg. 79/10, s. 215 (7). (8) When a licensee hires a staff member or accepts a volunteer during a pandemic, the following modifications to the requirements of subsection 75 (1) of the Act and of subsections (1) to (5) of this section apply: 1. Before a staff member is hired or a volunteer is accepted by a licensee, the licensee shall, subject to Column 4 of the Table to section 1 of the Schedule to the Police Record Checks Reform Act, 2015, require that the staff member or volunteer provide the licensee with a signed declaration disclosing the following matters with respect to the period since the date of their last police record check under subsection (2) was conducted, or if no such police record check has been conducted, of every occurrence of the following matters: i. Every offence with which they have been charged under the Cannabis Act (Canada), the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada) and the outcome of the charge. ii. Every order of a judge or justice of the peace made against them in respect of an offence under the Cannabis Act (Canada), the Criminal Code
(Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada), including a peace bond, probation order, prohibition order or warrant to arrest. iii. Every offence of which they have been convicted under the Cannabis Act (Canada), the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada). 2. After a staff member is hired or a volunteer is accepted, the staff member or volunteer has a continuing obligation to promptly advise the licensee respecting any matter mentioned in subsection (4) each time that, i. the staff member or volunteer has been made aware that a charge has been laid or an order has been made against them, and ii. in the case of a charge, the staff member or volunteer has been convicted or a charge is otherwise disposed of. O. Reg. 72/20, s. 3. (9) After subsection (8) has been revoked, every licensee of a long-term care home shall ensure that every staff member or volunteer who was hired or accepted while it was in force complies with the requirements under section 75 of the Act and this section within one month of the revocation, with any necessary modifications. O. Reg. 72/20, s. 3. Training and Orientation