ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - WORK DEPLOYMENT MEASURES IN RETIREMENT HOMES, O. Reg. 118/20

• Jurisdiction: Ontario

ontario regulation 118/20

made under the

Emergency Management and Civil Protection Act

Made: April 2, 2020 (6:45 pm)
Filed: April 2, 2020
Published on e-Laws: April 3, 2020
Printed in The Ontario Gazette: April 18, 2020

ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - WORK DEPLOYMENT MEASURES IN RETIREMENT HOMES

Whereas an emergency was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the “Act”) and has been extended pursuant to section 7.0.7 of the Act;

And Whereas the criteria set out in subsection 7.0.2 (2) of the Act have been satisfied;

Now Therefore, this Order is made pursuant to subsection 7.0.2 (4) of the Act, in particular paragraphs 8, 9, 12 and 14 of that subsection, the terms of which are set out in Schedule 1;

And Further, this Order applies generally throughout Ontario;

And Further, this Order shall be in effect for the duration of the declared emergency, subject to section 7.0.8 of the Act.

Schedule 1

Application

1. This Order applies to every retirement home and licensee within the meaning of the Retirement Homes Act, 2010.

Work redeployment and staffing

2. For the duration of the emergency, a licensee shall and is authorized to take, with respect to work deployment and staffing, any reasonably necessary measure to respond to, prevent and alleviate the outbreak of the coronavirus (COVID-19) (the “Virus”) in a retirement home.

Measures

3. Without limiting the generality of section 2, and despite any other statute, regulation, order, policy, arrangement or agreement, including a collective agreement, a licensee shall and is authorized to do the following:

1. Identify staffing priorities and develop, modify and implement redeployment plans, including the following:

i. Changing the assignment of work, including assigning non-bargaining unit employees or contractors to perform bargaining unit work.

ii. Changing the scheduling of work or shift assignments.

iii. Deferring or cancelling vacations, absences or other leaves, regardless of whether such vacations, absences or leaves are established by statute, regulation, agreement or otherwise.

iv. Employing extra part-time or temporary staff or contractors, including for the purposes of performing bargaining unit work.

v. Using volunteers to perform work, including to perform bargaining unit work.

vi...