jswizzle3737/ontario_laws_and_regs huggingface dataset:
Waiting lists and ranking, reunification priority access beds
 206.2 (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 165. O. Reg. 559/17, s. 2. (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 155; (b) the person applies in accordance with this Regulation for authorization of his or her 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 171. O. Reg. 559/17, s. 2. (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 165 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 181 and the rules for ranking within categories set out in section 182. O. Reg. 559/17, s. 2.
Admission to reunification priority access beds
 206.3 (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 185; 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 206.2 (2) when the vacancy arises. O. Reg. 559/17, s. 2. (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 206.2 (2) when the vacancy arises. O. Reg. 559/17, s. 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 165 ceases to be designated as a reunification priority access bed. O. Reg. 559/17, s. 2. (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 206.2 (2) who has requested the same class of accommodation as the vacant bed; and (c) there is no resident described in clause 207 (1) (f) in the home. O. Reg. 132/18, s. 1 (1). (5) Subsection (4) applies despite subsections 205 (1) and (5), subsections 205.1 (1) and (2), the rules concerning transfer lists in section 207 and subsection 207 (5). O. Reg. 559/17, s. 2. (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 206.2 (2). O. Reg. 559/17, s. 2. (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 206.2 (2), the date of admission and the date on which the resident is discharged from the home. O. Reg. 132/18, s. 1 (2). (8) A person who is admitted to a reunification priority access bed from the waiting list that is required to be kept under subsection 206.2 (2) is deemed to occupy a reunification priority access bed despite a transfer that is described in section 207, until they are discharged from the long-term care home. O. Reg. 132/18, s. 1 (2). High Acuity Priority Access Beds
Admission to high acuity priority access beds
 206.6 (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 185; 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 206.5 (3) when the vacancy arises. O. Reg. 295/19, s. 7. (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 206.5 (3) when the vacancy arises, an applicant from the waiting list that is required to be kept under section 165 may be admitted to the bed. O. Reg. 295/19, s. 7. (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 206.5 (2). O. Reg. 295/19, s. 7.
Discharge and transfer, high acuity priority access beds
 206.7 (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 206.8 indicates that the resident no longer requires and benefits from the type of care described in clause 206.5 (3) (c); and (b) alternative arrangements have been made for the care required by the resident. O. Reg. 295/19, s. 7. (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. O. Reg. 295/19, s. 7. (3) A resident who is transferred under subsection (2) shall be deemed to have been discharged from the high acuity priority access bed and admitted to the home. O. Reg. 295/19, s. 7. (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 207, subject to the first priority being given to residents described in clause 207 (1) (f) and despite subsection 207 (5). O. Reg. 295/19, s. 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 165 to another bed in the home in the class of accommodation chosen by the resident as soon as such a bed becomes available. O. Reg. 295/19, s. 7. (6) Subsection (5) applies despite the rules concerning transfer lists in section 207, subject to first priority being given to residents described in clause 207 (1) (f) and despite subsection 207 (5). O. Reg. 295/19, s. 7. (7) A resident who is transferred under subsection (5) shall be deemed to have been admitted to the home. O. Reg. 295/19, s. 7. (8) The licensee shall notify the placement co-ordinator of every transfer under this section within 24 hours. O. Reg. 295/19, s. 7.
Reassessment
 206.8 (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. O. Reg. 295/19, s. 7. (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 165. O. Reg. 295/19, s. 7.
Deemed basic accommodation
 206.9 A resident who is admitted to a high acuity priority access bed from the waiting list kept under section 206.5 is deemed to be in long-stay basic accommodation for the purposes of sections 246 to 259 as long as the resident is occupying the high acuity priority access bed. O. Reg. 295/19, s. 7. Direct Access Beds
Designation of beds, amendment and revocation, direct access beds
 206.10 (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. O. Reg. 361/20, s. 3. (2) A licensee shall comply with the terms and conditions of a designation. O. Reg. 361/20, s. 3. (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. O. Reg. 361/20, s. 3. (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. O. Reg. 361/20, s. 3. (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. O. Reg. 361/20, s. 3. (6) Where a revocation is made under clause (4) (c), a resident who is occupying a direct access bed shall be deemed to have been discharged from the direct access bed and admitted to the long-term care home. O. Reg. 361/20, s. 3.
Waiting lists and ranking, direct access beds
 206.11 (1) Sections 169 to 182 do not apply to an applicant seeking admission to a direct access bed within a long-term care home. O. Reg. 361/20, s. 3. (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 165. O. Reg. 361/20, s. 3. (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 155; (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 206.10; 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. O. Reg. 361/20, s. 3. (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. O. Reg. 361/20, s. 3. (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. O. Reg. 361/20, s. 3. (6) Where a designation has been made under section 206.10, 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. O. Reg. 361/20, s. 3.
Admission to direct access beds
 206.12 (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 185; and (b) the applicant meets the requirements for placement on a waiting list for admission to a direct access bed set out in subsection 206.11 (3) when the vacancy arises. O. Reg. 361/20, s. 3. (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 165 may be admitted to the bed. O. Reg. 361/20, s. 3. (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 206.11 (2). O. Reg. 361/20, s. 3.
Transfer, direct access beds
 206.13 (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 165 to another bed in the home in the class of accommodation chosen by the resident as soon as such a bed becomes available. O. Reg. 361/20, s. 3. (2) Subsection (1) applies despite the rules concerning transfer lists in section 207, subject to first priority being given to residents described in clause 207 (1) (f) and despite subsection 207 (5). O. Reg. 361/20, s. 3. (3) A resident who is transferred under subsection (1) shall be deemed to have been admitted to the home. O. Reg. 361/20, s. 3. (4) The licensee shall notify the placement co-ordinator of every transfer under subsection (1) within 24 hours. O. Reg. 361/20, s. 3. (5) A resident occupying a direct access bed who was not admitted to a direct access bed from the waiting list kept under section 165 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 207, but shall be deemed to continue to occupy a direct access bed. O. Reg. 361/20, s. 3. Transfer List
Where pandemic pressures resolved
 208.3 (1) This section applies where the Minister has made a determination, and published that determination on a website of the Government of Ontario, that severe capacity pressures experienced by public hospitals under the Public Hospitals Act during a pandemic have improved enough to justify the application of this section, or have improved enough in the area covered by the determination, in which case it applies in that area. O. Reg. 83/20, s. 3. (2) If a resident who was admitted to a long-term care home under section 208.2 applies or has applied for admission to one or more long-term care homes, placement co-ordinators and licensees are exempt from complying with the requirements under Part III of the Act to the extent necessary to effect the admission and the following modifications are made respecting the application of Part III of the Act: 1. The resident shall be 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 172.1, 173, 174, 175, 176 and 202, the time for which the resident applied for authorization of admission is deemed to be the date of the resident’s admission to the original home, if this 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 171 for the resident’s first choice of home, unless the resident would otherwise be placed in a higher ranking category. 7. The appropriate placement co-ordinator shall authorize the admission only if the resident consents to the admission. O. Reg. 83/20, s. 3.
Pandemic, admissions from community
 208.4 (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 208.2. O. Reg. 83/20, s. 3. (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 III of the Act to the extent necessary to effect the admission and the following modifications are made respecting the application of Part III 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 44 (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 167 (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. O. Reg. 83/20, s. 3.
Transitional, admissions
 209. (1) This section applies when a person had applied for a determination of eligibility for or authorization of admission to a nursing home under the Nursing Homes Act, an approved charitable home for the aged under the Charitable Institutions Act or a home under the Homes for the Aged and Rest Homes Act before the coming into force of this section and the person has not yet been admitted to the home.  O. Reg. 79/10, s. 209 (1). (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 appropriate regulation under an Act mentioned in subsection (1) continue to apply to the offer.  O. Reg. 79/10, s. 209 (2). (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 Regulation, this Regulation applies to the offer as if the offer had been made under this Regulation.  O. Reg. 79/10, s. 209 (3). (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, and the placement co-ordinator shall reassess the person’s application to ensure that it complies with the provisions of the Act and this Regulation, including ensuring that the person is placed in the appropriate waiting list category.  O. Reg. 79/10, s. 209 (4).
Transitional, short-stay residents
 209.1 Where, during the calendar year that this section comes into force, a person was admitted to a home under the Nursing Homes Act, the Charitable Institutions Act or the Homes for the Aged and Rest Homes Act as a short-stay resident in the respite care or convalescent care program, the total length of stay in either program shall be counted for the purposes of subsections 188 (4) and (5).  O. Reg. 249/10, s. 3.
Transitional, residents in interim beds
 210. (1) A resident who occupied an interim bed under Regulation 832 of the Revised Regulations of Ontario, 1990 (General) under the Nursing Homes Act, Regulation 69 of the Revised Regulations of Ontario, 1990 (General) under the Charitable Institutions Act or Regulation 637 of the Revised Regulations of Ontario, 1990 (General) under the Homes for the Aged and Rest Homes Act immediately before the coming into force of this section continues to be a long-stay resident for the purposes of this Regulation for as long as he or she occupies the bed.  O. Reg. 79/10, s. 210 (1). (2) If the appropriate placement co-ordinator offered to authorize a person’s admission to an interim bed in a home under Regulation 832 of the Revised Regulations of Ontario, 1990 (General) under the Nursing Homes Act, Regulation 69 of the Revised Regulations of Ontario, 1990 (General) under the Charitable Institutions Act or Regulation 637 of the Revised Regulations of Ontario, 1990 (General) under the Homes for the Aged and Rest Homes Act 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, the person is a long-stay resident for the purposes of this Regulation for as long as he or she occupies the bed.  O. Reg. 79/10, s. 210 (2). PART IV   COUNCILS
PART IV COUNCILS
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Detailed allocation
 211. For the purposes of subparagraph 9 ii of subsection 57 (1) and subparagraph 7 ii of subsection 60 (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 243 (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. O. Reg. 79/10, s. 211; O. Reg. 205/21, s. 8. PART V   OPERATION OF HOMES Administrator
PART V OPERATION OF HOMES
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Medical Director
 214. (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 72 (3) (b) of the Act, as set out in subsection (3).  O. Reg. 79/10, s. 214 (1). (2) 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. 79/10, s. 214 (2). (3) For the purposes of clause 72 (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 clinical policies and procedures, where appropriate. 3. Communication of expectations to attending physicians and registered nurses in the extended class. 4. Addressing issues relating to resident care, after-hours coverage and on-call coverage. 5. Participation in interdisciplinary committees and quality improvement activities.  O. Reg. 79/10, s. 214 (3). Police Record Checks
Police Record Checks
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Training and orientation program
 216. (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 76 and 77 of the Act.  O. Reg. 79/10, s. 216 (1). (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.  O. Reg. 79/10, s. 216 (2). (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.  O. Reg. 79/10, s. 216 (3).
Designated lead
 217. The licensee shall ensure that there is a designated lead for the training and orientation program.  O. Reg. 79/10, s. 217.
Orientation
 218. (1) For the purposes of paragraph 11 of subsection 76 (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.  O. Reg. 79/10, s. 218. (2) Subsection 76 (3) of the Act does not apply during a pandemic, and instead, the training required under section 76 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 76 (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 76 (2) of the Act. O. Reg. 72/20, s. 4.
Retraining
 219. (1) The intervals for the purposes of subsection 76 (4) of the Act are annual intervals.  O. Reg. 79/10, s. 219 (1). (2) Despite subsection (1), retraining in an area described in paragraph 2 or 10 of subsection 76 (2) of the Act is not required for a person if, since the last training or retraining, there has been no change in the area that is relevant to the person’s responsibilities.  O. Reg. 79/10, s. 219 (2). (3) For the purposes of subsection 76 (6) of the Act, (a) the assessments required by paragraph 1 of that subsection shall be conducted at least annually; and (b) the further training needs identified by the assessments shall be addressed in the manner the licensee considers appropriate.  O. Reg. 79/10, s. 219 (3). (4) The licensee shall ensure that the training and retraining for staff in infection prevention and control required under paragraph 9 of subsection 76 (2) and subsection 76 (4) of the Act includes, (a) hand hygiene; (b) modes of infection transmission; (c) cleaning and disinfection practices; and (d) use of personal protective equipment.  O. Reg. 79/10, s. 219 (4).
Transition
 220. Every licensee of a long-term care home shall ensure that staff members who were working or employed at the home immediately before the coming into force of this section and to whom subsections 76 (2) and (4) of the Act would have applied after the coming into force of this section receive retraining in accordance with section 219, and for that purpose the staff members shall be deemed to have received their training under subsection 76 (2) of the Act on the day of the coming into force of this section.  O. Reg. 79/10, s. 220.
Additional training — direct care staff
 221. (1) For the purposes of paragraph 6 of subsection 76 (7) of the Act, the following are other areas in which training shall be provided to all staff who provide direct care to residents: 1. Falls prevention and management. 2. Skin and wound care. 3. Continence care and bowel management. 4. Pain management, including pain recognition of specific and non-specific signs of pain. 5. For staff who apply physical devices or who monitor residents restrained by physical devices, training in the application, use and potential dangers of these physical devices. 6. For staff who apply PASDs or monitor residents with PASDs, training in the application, use and potential dangers of the PASDs.  O. Reg. 79/10, s. 221 (1). (2) The licensee shall ensure that all staff who provide direct care to residents receive the training provided for in subsection 76 (7) of the Act based on the following: 1. Subject to paragraph 2, the staff must receive annual training in all the areas required under subsection 76 (7) of the Act. 2. If the licensee assesses the individual training needs of a staff member, the staff member is only required to receive training based on his or her assessed needs.  O. Reg. 79/10, s. 221 (2). (3) The licensee shall ensure that the training required under paragraph 2 of subsection 76 (7) of the Act includes training in techniques and approaches related to responsive behaviours.  O. Reg. 79/10, s. 221 (3). (4) The licensee shall ensure that the training required under paragraph 4 of subsection 76 (7) of the Act includes training in the application, use and potential dangers of physical devices used to restrain residents and personal assistance services devices.  O. Reg. 79/10, s. 221 (4). (5) For the purposes of subsection 76 (7) of the Act, direct care staff who were working or employed at the home immediately before the coming into force of this section and to whom subsection 76 (7) of the Act would have applied after the coming into force of this section shall be deemed to have received their training on the day of the coming into force of this section.  O. Reg. 79/10, s. 221 (5).
Exemptions, training
 222. (1) Subject to subsection (2), a licensee of a long-term care home is exempt from the requirements under section 76 of the Act with respect to persons who, (a) fall 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; and (c) will not provide direct care to residents.  O. Reg. 79/10, s. 222 (1). (2) The licensee shall ensure that the persons described in clauses (1) (a) to (c) are provided with information about the items listed in paragraphs 1, 3, 4, 5, 7, 8 and 9 of subsection 76 (2) of the Act before providing their services.  O. Reg. 79/10, s. 222 (2). (3) A licensee is exempt from ensuring that the following persons receive the training provided for in subsection 76 (7) of the Act: 1. Medical Directors. 2. Physicians or registered nurses in the extended class retained or appointed under subsection 82 (2) or (3).  O. Reg. 79/10, s. 222 (3).
Orientation for volunteers
 223. (1) Every licensee of a long-term care home shall ensure that every volunteer receives the orientation provided for in section 77 of the Act.  O. Reg. 79/10, s. 223 (1). (2) For the purposes of clause 77 (f) of the Act, the following are the other areas on which information shall be provided: 1. Resident safety, including information on reporting incidents, accidents and missing residents, and information on wheelchair safety. 2. Emergency and evacuation procedures. 3. Escorting residents. 4. Mealtime assistance, if the volunteer is to provide such assistance. 5. Communication techniques to meet the needs of the residents. 6. Techniques and approaches to respond to the needs of residents with responsive behaviours.  O. Reg. 79/10, s. 223 (2). (3) This section only applies with respect to persons who begin volunteering at the home for the first time after the coming into force of this section.  O. Reg. 79/10, s. 223 (3). Information
Information for residents, etc.
 224. (0.1) For the purposes of clause 78 (2) (n) of the Act,  “non-arm’s length relationship” means the relationship between two parties engaged in a non-arm’s length transaction within the meaning of subsection 265 (1).  O. Reg. 363/11, s. 11. (1) For the purposes of clause 78 (2) (r) of the Act, every licensee of a long-term care home shall ensure that the package of information provided for in section 78 of the Act includes information about the following: 1. The resident’s ability under subsection 82 (2) of this Regulation to retain a physician or registered nurse in the extended class to perform the services required under subsection 82 (1). 2. The resident’s obligation to pay the basic accommodation charge as described in subsection 91 (3) of the Act. 3. The obligation of the resident to pay accommodation charges during a medical, psychiatric, vacation or casual absence as set out in section 258 of this Regulation. 4. The method to apply to the Director for a reduction in the charge for basic accommodation and the supporting documentation that may be required, including, i. the resident’s Notice of Assessment issued under the Income Tax Act
(Canada) for the resident’s most recent taxation year, ii. the resident’s proof of income statement (option “C” print) from the Canada Revenue Agency for the resident’s most recent taxation year, or iii. the resident’s written authorization to electronically obtain income information for the resident’s most recent taxation year from the Canada Revenue Agency. 5. A list of the charges that a licensee is prohibited from charging a resident under subsection 91 (1) of the Act. 6. The list of goods and services permitted under paragraph 3 of subsection 91 (1) of the Act that a resident may purchase from the licensee and the charges for those goods and services. 7. The resident’s ability to have money deposited in a trust account under section 241 of this Regulation. 8. The Ministry’s toll-free telephone number for making complaints about homes and its hours of service.  O. Reg. 79/10, s. 224 (1); O. Reg. 128/18, s. 3. (2) A licensee is exempt from subsection 78 (1) of the Act with respect to a resident, (a) who is being relocated to another long-term care home operated by the same licensee and section 208 of this Regulation applies; or (b) who is transferring to a related temporary long-term care home, a re-opened long-term care home or a replacement long-term care home operated by the same licensee.  O. Reg. 79/10, s. 224 (2).
Posting of information
 225. (1) For the purposes of clause 79 (3) (q) of the Act, every licensee of a long-term care home shall ensure that the information required to be posted in the home and communicated to residents under section 79 of the Act includes the following: 1. The fundamental principle set out in section 1 of the Act. 2. The home’s licence or approval, including any conditions or amendments, other than conditions that are imposed under the regulations or the conditions under subsection 101 (3) of the Act. 3. The most recent audited report provided for in clause 243 (1) (a). 4. The Ministry’s toll-free telephone number for making complaints about homes and its hours of service. 5. Together with the explanation required under clause 79 (3) (d) of the Act, the contact information of the Director to whom a mandatory report shall be made under section 24 of the Act. 6. Any notice of public consultation that the Director provides to the licensee and identifies to be for posting in the home. O. Reg. 79/10, s. 225 (1); O. Reg. 263/18, s. 2; O. Reg. 264/19, s. 2. (2) The licensee shall ensure that the information referred to in clauses 79 (3) (a), (e), (f), (h), (i) and (j) of the Act, as well as the fundamental principle set out in section 1 of the Act and the telephone number referred to in paragraph 4 of subsection (1), is posted in print with a font size of at least 16.  O. Reg. 79/10, s. 225 (2). (3) The licensee shall ensure that the fundamental principle set out in section 1 of the Act and the Residents’ Bill of Rights are posted in both English and French.  O. Reg. 79/10, s. 225 (3).
Transitional, information and posting
 226. A licensee of a long-term care home is not required to comply with clauses 78 (2) (b) and 79 (3) (b) of the Act until one year after section 189 of the Act comes into force.  O. Reg. 79/10, s. 226. Regulated Documents
Quality Improvement
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Continuous quality improvement
 228. Every licensee of a long-term care home shall ensure that the quality improvement and utilization review system required under section 84 of the Act complies with the following requirements: 1. There must be a written description of the system that includes its goals, objectives, policies, procedures and protocols and a process to identify initiatives for review. 2. The system must be ongoing and interdisciplinary. 3. The improvements made to the quality of the accommodation, care, services, programs and goods provided to the residents must be communicated to the Residents’ Council, Family Council and the staff of the home on an ongoing basis. 4. A record must be maintained by the licensee setting out, i. the matters referred to in paragraph 3, ii. the names of the persons who participated in evaluations, and the dates improvements were implemented, and iii. the communications under paragraph 3.  O. Reg. 79/10, s. 228. Infection Prevention and Control Program
Emergency plans
 230. (1) This section applies to the emergency plans required under subsection 87 (1) of the Act.  O. Reg. 79/10, s. 230 (1). (2) Every licensee of a long-term care home shall ensure that the emergency plans for the home are in writing.  O. Reg. 79/10, s. 230 (2). (3) In developing the plans, the licensee shall, (a) consult with the relevant community agencies, partner facilities and resources that will be involved in responding to the emergency; and (b) ensure that hazards and risks that may give rise to an emergency impacting the home are identified and assessed, whether the hazards and risks arise within the home or in the surrounding vicinity or community.  O. Reg. 79/10, s. 230 (3). (4) The licensee shall ensure that the emergency plans provide for the following: 1. Dealing with, i. fires, ii. community disasters, iii. violent outbursts, iv. bomb threats, v. medical emergencies, vi. chemical spills, vii. situations involving a missing resident, and viii. loss of one or more essential services. 2. Evacuation of the home, including a system in the home to account for the whereabouts of all residents in the event that it is necessary to evacuate and relocate residents and evacuate staff and others in case of an emergency. 3. Resources, supplies and equipment vital for the emergency response being set aside and readily available at the home. 4. Identification of the community agencies, partner facilities and resources that will be involved in responding to the emergency.  O. Reg. 79/10, s. 230 (4). (5) The licensee shall ensure that the emergency plans address the following components: 1. Plan activation. 2. Lines of authority. 3. Communications plan. 4. Specific staff roles and responsibilities.  O. Reg. 79/10, s. 230 (5). (6) The licensee shall ensure that the emergency plans for the home are evaluated and updated at least annually, including the updating of all emergency contact information.  O. Reg. 79/10, s. 230 (6). (7) The licensee shall, (a) test the emergency plans related to the loss of essential services, fires, situations involving a missing resident, medical emergencies and violent outbursts on an annual basis, including the arrangements with the community agencies, partner facilities and resources that will be involved in responding to an emergency; (b) test all other emergency plans at least once every three years, including arrangements with community agencies, partner facilities and resources that will be involved in responding to an emergency; (c) conduct a planned evacuation at least once every three years; and (d) keep a written record of the testing of the emergency plans and planned evacuation and of the changes made to improve the plans.  O. Reg. 79/10, s. 230 (7). (8) The licensee shall keep current all arrangements with community agencies, partner facilities and resources that will be involved in responding to emergencies.  O. Reg. 79/10, s. 230 (8). Records
Resident records
 231. Every licensee of a long-term care home shall ensure that, (a) a written record is created and maintained for each resident of the home; and (b) the resident’s written record is kept up to date at all times.  O. Reg. 79/10, s. 231.
Records of current residents
 232. Every licensee of a long-term care home shall ensure that the records of the residents of the home are kept at the home.  O. Reg. 79/10, s. 232.
Retention of resident records
 233. (1) Every licensee of a long-term care home shall ensure that the record of every former resident of the home is retained by the licensee for at least 10 years after the resident is discharged from the home.  O. Reg. 79/10, s. 233 (1). (2) A record kept under subsection (1) must be kept at the home for at least the first year after the resident is discharged from the home.  O. Reg. 79/10, s. 233 (2).
Staff records
 234. (1) Subject to subsections (2) and (3), every licensee of a long-term care home shall ensure that a record is kept for each staff member of the home that includes at least the following with respect to the staff member: 1. The staff member’s qualifications, previous employment and other relevant experience. 2. Where applicable, a verification of the staff member’s current certificate of registration with the College of the regulated health profession of which he or she is a member, or verification of the staff member’s current registration with the regulatory body governing his or her profession. 3. Where applicable, the results of the staff member’s police record check under subsection 75 (2) of the Act. 4. Where applicable, the staff member’s declarations under subsection 215 (4).  O. Reg. 79/10, s. 234 (1); O. Reg. 451/18, s. 4. (2) The licensee is not required to keep the record provided for in subsection (1) with respect to a staff member who falls under clause (b) or (c) of the definition of “staff” in subsection 2 (1) of the Act and, (a) will only provide occasional maintenance or repair services to the home; and (b) will not provide direct care to residents.  O. Reg. 79/10, s. 234 (2). (3) Where the licensee obtains the information set out in paragraphs 3 and 4 of subsection (1) from a staff member, the licensee shall keep a record of that information with respect to the staff member.  O. Reg. 79/10, s. 234 (3). (4) The licensee is only required to ensure that the record under subsection (1) includes the matters set out in paragraphs 2, 3 and 4 of that subsection with respect to a staff member who falls under clause (c) of the definition of “staff” in subsection 2 (1) of the Act and, (a) who will provide direct care to residents; or (b) who does not fall under clauses (2) (a) and (b) of this section.  O. Reg. 79/10, s. 234 (4).
Records of current staff
 235. (1) Subject to subsection (2), every licensee of a long-term care home shall ensure that the records of current staff members are kept at the home.  O. Reg. 79/10, s. 235 (1). (2) Where a staff member works at more than one long-term care home operated by the licensee, the licensee shall ensure that the record of the staff member is readily available at each home where the staff member works.  O. Reg. 79/10, s. 235 (2).
Retention of staff records
 236. (1) Every licensee of a long-term care home shall ensure that the record of every former staff member of the home is retained by the licensee for at least seven years after the staff member ceases working or being employed at the home.  O. Reg. 79/10, s. 236 (1). (2) A record kept under subsection (1) must be kept at the home for at least the first year after the staff member ceases working or being employed at the home.  O. Reg. 79/10, s. 236 (2). (3) Where a staff member referred to in subsection 235 (2) ceases to work or be employed at any of the long-term care homes operated by the licensee, the licensee shall ensure that the record is readily available for at least one year at each of the homes where the staff member worked or was employed.  O. Reg. 79/10, s. 236 (3).
Records, revocation of licence
 237. When the Director makes an order revoking a licence under section 157 of the Act, the licensee shall turn over to the Director or a person designated by the Director, on a date specified by the Director, all the records that are in the possession or control of the licensee and that pertain to the residents of the long-term care home, including all records that are required to be retained under section 233.  O. Reg. 79/10, s. 237.
Transitional, records
 238. (1) Subject to subsections (2) to (6), sections 231 to 237 apply, to the extent possible, with respect to records that were originally created under the Nursing Homes Act, the Charitable Institutions Act or the Homes for the Aged and Rest Homes Act as if they were created under the Act.  O. Reg. 79/10, s. 238 (1). (2) Where a portion of a resident’s record created under the Charitable Institutions Act or the Homes for the Aged and Rest Homes Act was not kept at a long-term care home immediately before this section came into force, it is not necessary to keep that portion at the home for the purposes of section 232.  O. Reg. 79/10, s. 238 (2). (3) Subsection 233 (1) does not apply with respect to the record of a former resident who died more than five years before the day this section came into force.  O. Reg. 79/10, s. 238 (3). (4) Subsection 233 (2) does not apply with respect to the record of a former resident who died or was discharged before the day this section came into force.  O. Reg. 79/10, s. 238 (4). (5) Section 236 applies to the records originally created and maintained under the Nursing Homes Act of a person who ceased to be a staff member less than two years before the day this section came into force.  O. Reg. 79/10, s. 238 (5). (6) Section 236 applies to the extent possible to the records originally created and maintained under the Charitable Institutions Act or the Homes for the Aged and Rest Homes Act of a person who ceased to be a staff member less than two years before the day this section came into force.  O. Reg. 79/10, s. 238 (6). Reports