Exemptions, homes with EldCap beds
 317. (1) In this section, “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 subsection 187 (18) of the Act, (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 subsection 187 (18) of the Act.  O. Reg. 79/10, s. 317 (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 187 (18) of the Act: 1. The licensee is exempt from sections 4, 16 and 72, clause 92 (a) and section 93 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 on the site, including the hospital. 3. 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 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 17 (1) (c) and (e), ii. section 18, iii. subsection 64 (2), iv. subsection 66 (2), v. section 67, vi. subsection 72 (5), vii. section 75, viii. section 76, ix. section 77, x. section 78, as long as the licensee ensures that all food service workers hired after this section comes into force have completed the food handler training program referred to in subsections 78 (3) and (6) before being hired, xi. subsection 85 (4), xii. subsection 92 (2), xiii. section 214, xiv. section 243, xv. clauses 262 (a), (b) and (h). 5. The licensee is exempt from section 263, except as it applies to clauses 262 (c), (d), (e), (f) and (g). 6. The licensee is exempt from the requirement that physiotherapy services be on site under clause 59 (a). 7. The licensee is exempt from the requirements in subsection 60 (1) unless therapy services are provided in the home or the hospital. 8. The licensee is exempt from section 61 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 70 and 71, subsections 72 (1), (2), (3), (4), (6) and (7), sections 73, 74, 86, 87, 88, 89, 90 and 91, ii. sections 114, 115, 116, 132 and 136. 10. The licensee is exempt from subsection 212 (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 212 (4) as long as the Administrator meets one of the requirements set out in that subsection. 12. In meeting the requirements of section 230, the licensee may use the emergency plan of the hospital. 13. The licensee is exempt from section 234 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. 14. The licensee is exempt from section 235 as long as the records are kept by the hospital and the records are kept for the period set out in section 236. 15. 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. 16. 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 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. 17. For greater certainty, the closure of all the EldCap beds is the closure of the home for the purposes of sections 306 to 312.  O. Reg. 79/10, s. 317 (2); O. Reg. 246/13, s. 25; O. Reg. 205/21, s. 17 (1). (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 187 (18) of the Act: 1. 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. 2. 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. 3. The licensee is exempt from subsection 20 (2) 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 129 and 130 through the hospital.  O. Reg. 79/10, s. 317 (3); O. Reg. 363/11, s. 12 (1-3). (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 187 (18) of the Act: 0.1 The licensee is exempt from subsection 9 (2) of this Regulation if it relies on the policy of the adjoining long-term care home. 1. The licensee is exempt from clause 92 (a) and section 93 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 16 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 84 if its quality improvement and utilization review system is part of the system 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 19 if the adjoining long-term care home meets the requirements under section 19 that apply to the adjoining long-term care home and the generator can maintain those requirements with respect to the licensee’s home, ii. the licensee is exempt from subsection 20 (2) 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 30 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 30, iv. the licensee is exempt from the requirement that physiotherapy services be on site under clause 59 (a) if the services are on site in the adjoining long-term care home, v. the licensee is exempt from the requirement under subsection 60 (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 64, 66, 92 and 95 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 243 and clauses 262 (a), (b) and (h). 5. The licensee is exempt from section 263, except as it applies to clauses 262 (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 65, 70, 71, 72, 73, 74, subsection 75 (1), sections 76, 77 and 78, subsections 85 (2), (3) and (4) and sections 86, 87, 88, 89, 90 and 94, ii. sections 114, 115, 116, 119, 121, 129, 130, 132, 133, subsection 135 (3) and section 136, iii. sections 216, 217, 218, 219 and 221, iv. section 223. 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 100, 101, 102, 103 and 104, ii. sections 224 and 225. 8. In meeting the requirements of subsection 212 (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 213, 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 section 228, the licensee may integrate its quality improvement and utilization review system with that of the adjoining long-term care home. 11. In meeting the requirements of section 230, the licensee may integrate its emergency plan with that of the adjoining long-term care home. 12. The licensee is exempt from the requirements of section 233 if resident records are retained in the adjoining long-term care home and meet the requirements of that section. 13. The licensee is exempt from section 234 if staff records are kept in the adjoining long-term care home and the records contain all the information required under that section. 14. The licensee is exempt from section 235 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 236. 15. The licensee may meet the requirements under section 241 through the measures that are in place in the adjoining long-term care home.  O. Reg. 79/10, s. 317 (4); O. Reg. 363/11, s. 12 (4, 5); O. Reg. 205/21, s. 17 (2). (5) The following apply with respect to homes with EldCap beds within the meaning of clause (d) of the definition of “home with EldCap beds” in subsection 187 (18) of the Act: 1. 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 on the site, including the site of the adjoining long-term care home. 2. The placement co-ordinator is exempt from subsection 165 (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. 79/10, s. 317 (5); O. Reg. 417/12, s. 2 (1). (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 187 (18) of the Act: 1. The licensee is exempt from subsection 8 (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 110 of the Act under which the licensee of the adjoining home manages the EldCap beds, the placement co-ordinator is exempt from subsection 165 (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. 79/10, s. 317 (6). (7) The following applies with respect to homes with EldCap beds within the meaning of clause (f) of the definition of “home with EldCap beds” in subsection 187 (18) of the Act: 1. 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 on the site, including the site of the adjoining long-term care home or the adjoining hospital. 2. The placement co-ordinator is exempt from subsection 165 (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. 417/12, s. 2 (2).