ontario regulation 417/12
made under the
Long-Term Care Homes Act, 2007
Made: December 12, 2012
Filed: December 17, 2012
Published on e-Laws: December 17, 2012
Printed in The Ontario Gazette: January 5, 2013
Amending O. Reg. 79/10
1. Ontario Regulation 79/10 is amended by adding the following section:
Exemption, small homes at hospitals
45.1 The licensee of a long-term care home is exempt from subsections 8 (3) and (4) of the Act with respect to the home, as long as the following conditions apply:
1. The home has a licensed bed capacity of 39 beds or fewer.
2. The home adjoins a hospital under the Public Hospitals Act.
3. A registered nurse is on duty and present anywhere on the site, including the hospital.
2. (1) Subsection 317 (5) of the Regulation is amended by striking out “clauses (d) and (f)” in the portion before paragraph 1 and substituting “clause (d)”.
(2) Section 317 of the Regulation is amended by adding the following subsection:
(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.
3. This Regulation shall be deemed to have come into force on July 1, 2010.