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ontario regulation 249/10

made under the

long-term care homes act, 2007

Made: June 15, 2010
Filed: June 18, 2010
Published on e-Laws: June 22, 2010
Printed in The Ontario Gazette: July 3, 2010

Amending O. Reg. 79/10

(General)

1. Subsection 76 (2) of Ontario Regulation 79/10 is revoked and the following substituted:

(2) The licensee shall ensure that the cook referred to in subsection (1), if hired on or after the day this section comes into force,

(a) has a chef training or culinary management diploma or certificate,

(i) granted by a college established under the Ontario Colleges of Applied Arts and Technology Act, 2002, or

(ii) granted by a registered private career college, for successfully completing a program approved by the Superintendent of Private Career Colleges under the Private Career Colleges Act, 2005;

(b) has a diploma or certificate granted in another jurisdiction and has a set of skills that, in the reasonable opinion of the licensee, is equivalent to those that the licensee would expect of a person who has a diploma or certificate provided for in clause (a);

(c) has a certificate of qualification as a Cook issued by the Director of Apprenticeship under the Apprenticeship and Certification Act, 1998, or after Part III of the Ontario College of Trades and Apprenticeship Act, 2009 comes into force, by the Registrar of the College under that Act; or

(d) meets the requirement set out in clause 78 (4) (c).

(3) The licensee shall ensure that the cook referred to in subsection (1), if employed at the home before this subsection came into force,

(a) meets the qualifications required under subsection (2);

(b) has successfully completed a Food Service Worker program at a college established under the Ontario Colleges of Applied Arts and Technology Act, 2002 or a Food Service Worker program provided by a registered private career college and approved by the Superintendent of Private Career Colleges under the Private Career Colleges Act, 2005; or

(c) completes a food handler training program as defined in subsection 78 (5) within three months after the coming into force of this subsection unless he or she meets the requirements under clause (a) or (b) sooner.

2. Subsection 78 (1) of the Regulation is revoked and the following substituted:

Training and qualifications

(1) Every licensee of a long-term care home shall ensure that food service workers hired on or after the day this section comes into force, other than cooks to whom section 76 applies, have successfully completed or are enrolled in a Food Service Worker program at a college established under the Ontario Colleges of Applied Arts and Technology Act, 2002 or a Food Service Worker program provided by a registered private career college and approved by the Superintendent of Private Career Colleges under the Private Career Colleges Act, 2005.

3. The Regulation is amended by adding the following section:

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). 

4. The Regulation is amended by adding the following section:

Transition

246.1 (1) Despite section 246, before January 1, 2011 the maximum amounts that may be charged by a licensee under paragraphs 1 and 2 of subsection 91 (1) of the Act shall, as determined by the Director,

(a) be determined in accordance with sections 247 to 254; or

(b) be the maximum amounts that could be demanded or accepted by or on behalf of a licensee determined in accordance with sections 115 to 116.1 of Regulation 832 of the Revised Regulations of Ontario, 1990 (General) made under the Nursing Homes Act, sections 39.2 to 39.3.1 of Regulation 637 of the Revised Regulations of Ontario, 1990 (General) made under the Homes for the Aged and Rest Homes Act or sections 42 to 43.1 of Regulation 69 of the Revised Regulations of Ontario, 1990 (General) made under the Charitable Institutions Act, as they read immediately before their revocation, subject to the modifications set out in subsections (2) to (6) and any other necessary modifications. 

(2) A resident in an interim bed is deemed to be a long-stay resident for the purposes of sections 115 to 116.1 of Regulation 832 of the Revised Regulations of Ontario, 1990 (General) made under the Nursing Homes Act, sections 39.2 to 39.3.1 of Regulation 637 of the Revised Regulations of Ontario, 1990 (General) made under the Homes for the Aged and Rest Homes Act and sections 42 to 43.1 of Regulation 69 of the Revised Regulations of Ontario, 1990 (General) made under the Charitable Institutions Act.

(3) For the purposes of this section, sections 116 and 116.1 of Regulation 832 of the Revised Regulations of Ontario, 1990 (General) made under the Nursing Homes Act are modified so that,

(a) paragraph 2 of subsection 116 (3) shall be deemed to read,

2. One of the following amounts, as the case may be:

i. In the case of an application for a reduction made on or after July 1, 2009 but before July 1, 2010, $1,050.29.

ii. In the case of an application for a reduction made on or after July 1, 2010, $1,053.33;

(b) paragraph 2 of subsection 116 (4) shall be deemed to read,

2. One of the following amounts, as the case may be:

i. In the case of an application for a reduction made on or after July 1, 2009 but before July 1, 2010, $34.53.

ii. In the case of an application for a reduction made on or after July 1, 2010, $34.63; and

(c) paragraph 1 of subsection 116.1 (1) shall be deemed to read,

1. A long-stay resident for whom the maximum monthly amount is determined to be $1,053.33 under section 116.

(4) For the purposes of this section, sections 39.3 and 39.3.1 of Regulation 637 of the Revised Regulations of Ontario, 1990 (General) made under the Homes for the Aged and Rest Homes Act are modified so that,

(a) paragraph 2 of subsection 39.3 (3) shall be deemed to read,

2. One of the following amounts, as the case may be:

i. In the case of an application for a reduction made on or after July 1, 2009 but before July 1, 2010, $1,050.29.

ii. In the case of an application for a reduction made on or after July 1, 2010, $1,053.33;

(b) paragraph 2 of subsection 39.3 (4) shall be deemed to read,

2. One of the following amounts, as the case may be:

i. In the case of an application for a reduction made on or after July 1, 2009 but before July 1, 2010, $34.53.

ii. In the case of an application for a reduction made on or after July 1, 2010, $34.63; and

(c) paragraph 1 of subsection 39.3.1 (1) shall be deemed to read,

1. A long-stay resident for whom the maximum monthly amount is determined to be $1,053.33 under section 39.3.

(5) For the purposes of this section, sections 43 and 43.1 of Regulation 69 of the Revised Regulations of Ontario, 1990 (General) made under the Charitable Institutions Act are modified so that,

(a) paragraph 2 of subsection 43 (3) shall be deemed to read,

2. One of the following amounts, as the case may be:

i. In the case of an application for a reduction made on or after July 1, 2009 but before July 1, 2010, $1,050.29.

ii. In the case of an application for a reduction made on or after July 1, 2010, $1,053.33;

(b) paragraph 2 of subsection 43 (4) shall be deemed to read,

2. One of the following amounts, as the case may be:

i. In the case of an application for a reduction made on or after July 1, 2009 but before July 1, 2010, $34.53.

ii. In the case of an application for a reduction made on or after July 1, 2010, $34.63; and

(c) paragraph 1 of subsection 43.1 (1) shall be deemed to read as follows:

1. A long-stay resident for whom the maximum monthly amount is determined to be $1,053.33 under section 43.

(6) For the purposes of this section, Table 3 of Regulation 832 of the Revised Regulations of Ontario, 1990 (General) made under the Nursing Homes Act, Table 3 of Regulation 637 of the Revised Regulations of Ontario, 1990 (General) made under the Homes for the Aged and Rest Homes Act and Table 4 of Regulation 69 of the Revised Regulations of Ontario, 1990 (General) made under the Charitable Institutions Act shall be deemed to provide for the appropriate amounts set out in the Table to section 247 of this Regulation for the period from and including July 1, 2010.

5. This Regulation comes into force on July 1, 2010.

 

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