Ontario Emergency Orders

The Ontario government has been enacting emergency orders daily since the declaration of the emergency due to the COVID-19 pandemic.   A table of these orders is available at this link:

EMCPA Orders and other Regs.INQDDO.April14

Disclaimer: This chart is provided for information purposes only and is not legal advice.  Please note that the links provided to https://www.ontario.ca/laws/ will contain the text of the regulations in this document; however, the statutes accessible at that site might not reflect these regulatory amendments.  Please consult www.ontla.on.ca for the full text of proposed legislation. This chart is current only to the date indicated.

Please note that this chart does not contain public health directives, federal orders, or Ministry of Health communications such as guidances, memos and updates.

Stay safe.

COVID-19 Update: Pandemic-Related Changes to the Long-Term Care Homes Act

COVID-19 Update: Pandemic-Related Changes to the Long-Term Care Homes Act

Licensees, municipalities and boards of management that operate long-term care homes should be aware of the following changes made due to the COVID-19 pandemic:

1. If the resident or the resident’s substitute decision-maker requests discharge due to the pandemic, in writing, the home must permit discharge and communicate the resident’s medical care requirements. Individuals who may require readmission to a long-term care home from which they requested discharge less than three months earlier (due to the pandemic) will have less onerous requirements to meet for being accepted back into the home.

2. Revised admission criteria now apply to patients occupying beds in public hospitals during the pandemic, in order to expedite the reduction of severe capacity pressures facing the hospital. The placement coordinator will gather as much information as possible in the circumstances about the prospective applicant and will be able to select a home for the applicant (instead of the applicant selecting the home). Completion of the authorization for admission form is waived if the applicant has consented to the placement officer disclosing the applicant’s personal health information in order to process the application. The placement coordinator is permitted to inform the home orally about the applicant. The home has 5 days to make a decision regarding admission; if the home rejects the application it must include a brief reason why and must notify the placement coordinator orally but need not inform the applicant. If the home grants admission, the applicant must consent and cannot be admitted against his or her volition. If the home only has preferred accommodation available, it must make this accommodation available at the basic rate.

3. Revised requirements will now apply for processing applications for admission to long-term care home for individuals from the community. Again, the placement coordinator will be able to communicate orally to the home regarding the applicant’s possible admission. The home has 5 days to make a decision regarding admission; if the home rejects the application it must include a brief reason why and must notify the placement coordinator orally but need not inform the applicant. The applicant cannot be admitted against his or her will and must consent to the admission.

For changes #1-3 see Ontario Regulation 83/20 made under the Long-Term Care Homes Act on March 24, 2020, amending Ontario Regulation 79/10 under that Act.

4. Long-term care home employees may be redeployed within the facility or to complete different tasks, despite any restrictions set out in collective agreements. For this change please see Ontario Regulation 74/20 made under the Emergency Management and Civil Protection Act on March 21, 2020. This new requirement was followed by Directive #3 from Ontario’s Chief Medical Officer of Health (CMOH) issued on March 22, 2020 requiring that long-term care facilities, wherever possible, limit the movement of their staff between multiple sites so as to reduce the risk to residents of exposure to the virus.

5. The usual rule is that a registered nurse (RN) who is both an employee of the home and on the regular nursing staff of the home must be on duty and present at the home at all times, subject to requirements in the regulation. If the pandemic prevents that RN from attending on site, and the home’s required back-up plan for mitigating such circumstance cannot be met, the home may instead rely upon:

a. an RN who is contracted to the home directly or through an employment agency;

b. a registered practical nurse who is an employee of the home or contracted to the home directly or through an employment agency, as long as the Director of Nursing and Personal Care or an RN is available for consultation.

c. a member of a regulated health profession who is both a staff member and an employee of the home, who has a set of skills that, in the reasonable opinion of the licensee, would allow that professional to provide care to a resident, as long as the Director of Nursing and Personal Care or an RN is available for consultation.

6. The usual number of hours that the Director of Nursing and Personal Care must provide on-site at the home does not apply during the pandemic.

7. Finally, there are modified training and screening requirements for homes hiring new staff or accepting new volunteers during the pandemic.

Changes #5-7 were made by Ontario Regulation 72/20 under the Long -Term Care Homes Act on March 20, 2020 and amend Ontario Regulation 79/10 under that Act. All of these changes are incorporated into the Long Term Care Homes Act regulation and are available on the government of Ontario’s e-laws website.

We extend our heartfelt thanks to all staff working in healthcare, supporting health care delivery and in essential retail and services. Stay safe. Please contact spalter@ddohealthlaw.com with any inquiries.

DDO Health Law – COVID-19

COVID-19 has the potential to affect all of us in many ways. At DDO Health Law, and our sister firm, INQ Data Law, we are gathering the lessons already learned in operating in this new environment, and will post them here. This includes on clinical matters, health services delivery (including virtual care); privacy and information management; corporate and commercial matters; governance; regulated health professions; procurement; risk management (including reputational risk); public policy and more.

The health and safety of our staff and clients is of paramount importance. In light of the pandemic, we have closed our offices in Toronto and Ottawa but continue to deliver uninterrupted services.

We are proud to have taken measures in 2019 to operate a seamless legal services experience for lawyers and clients working virtually. Last year, we moved to an agile office space that supports remote working, purchased technical tools to support a completely paperless office, and we have equipped our lawyers with resources to easily work remotely, including using video tools to stay connected. Our continued goal is to provide exceptional service.

In the meantime, here is the full text of the Emergency Management and Civil Protection Act, which applies when an emergency has been declared as is the case with COVID-19 today, March 17: https://www.ontario.ca/laws/statute/90e09#BK13.

This Act creates broad authority for emergency orders to be issued, including to compel the collection, use and disclosure of information where necessary to prevent, respond to or alleviate the effects of the emergency. Orders are in place for as long as necessary; and with limitations on intrusiveness. See s. 7.0.2(4) for a list of emergency orders that may be made by the Lieutenant Governor in Council (or if delegated, by a provincial Minister or the Commissioner of Emergency Management). See also paragraph 13 of section 7.02(4) for authority to make emergency orders compelling the collection, use or disclosure of information during a declared emergency. See sections 7.02(7)-(9) for the limits on intrusiveness of such orders – including special rules for research if information is de-identified or consent of the person is obtained.

We wish you and your families continued health and safety in these unprecedented times as we work collectively to contain COVID-19’s impact.

DDO Health Law Update

January 24, 2020: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

Bills

 

No new bills of interest.

 

Proposed and Approved Regulations

 

No new or approved regulations of interest.

 

Government news

Ontario Takes Steps to Safeguard the Health of the Public against the Coronavirus

 

Articles of Interest

 

MAID

Changes coming to medical assistance in dying legislation

Online government survey on medical aid in dying sees record-breaking response

Medical assistance in dying will be extended to people not at the end of their life

 

Health

Ontario public health restructuring should be negotiated, not forced: Report

Ontario hospitals ask for nearly $1 billion to ease hallway health-care problem

Three Canadian airports to screen air travellers from central China amid outbreak

Alberta’s doctors say they worry about the effects of a conscience rights bill

Pay-as-you-go health care: Uninsured people in Canada face sky-high bills, delays in treatment, doctors say

Some of Ontario’s biggest hospitals are filled beyond capacity nearly every day, new data reveals

 

Privacy

How To Assess Your Company’s Privacy And Data Protection Readiness

 

Professionalism

Ontario surgeon suspended for crude Twitter remarks about 2 female doctors

Markham family doctor who twice sent dying infant home loses licence

 

Things to Do This Winter

50 things to do this winter in Toronto

DDO Health Law Update

January 17, 2020: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

Bills

No new bills of interest.

 

Proposed and Approved Regulations

 

No new or approved regulations of interest.

 

Articles of Interest

 

Cannabis

Health risks with cannabis edibles can be short- and long-term, says deputy chief public health officer

 

Health

Ottawa launches public consultations to meet court deadline to loosen rules for medically assisted death

‘There’s nothing for him,’ says mom of son with brain injury from fentanyl overdoses

Is Canada at risk from a mysterious Chinese virus related to SARS?

Ontario hospitals ask for nearly $1 billion to ease hallway health-care problem

 

Privacy

In Healthcare, It’s Not About More Data — It’s About The Right Data

How Doctors May Be Spending More Time With Electronic Health Records Than Patients

9 Reasons Why Cybersecurity Stress Is an Industry Epidemic

Ottawa considering ‘significant and meaningful’ compensation for privacy breach victims

 

A.I

Artificial intelligence doesn’t need ‘agile’ governance, it needs firm regulation

Personalized Healthcare Technology On Display At CES 2020

 

Professionalism

Oakville doctor charged with multiple counts of sexual assault against female patients

Patient accuses Scarborough doctor of sexual assault during medical exam

DDO Health Law Update

January 10, 2020: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

Bills

 

  1. Bill 138, Plan to Build Ontario Together Act, 2019 received royal assent on December 10, 2019.

 

  1. Bill 153, Long Term Cares Home Amendment (Till Death Do Us Part) Act, 2019

 

This Bill was introduced by Catherine Fife (Waterloo), NDP. It was referred to the Standing Committee on December 12, 2019.

 

The Bill amends the Residents’ Bill of Rights set out in section 3 of the Long-Term Care Homes Act, 2007 by adding the right of residents not to be separated from their spouses upon admission but to have accommodation made available for both spouses so that they may continue to live together.

 

More Information: https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-153

 

Proposed and Approved Regulations

 

  1. REG 191/18 (Personal Information), Child, Youth and Family Services Act, 2017 (CYFSA)

 

The proposed regulatory provisions that fall under O. REG 191/18 are now in force as of January 1, 2020:

 

Ontario Newsroom

Government of Ontario Protecting the Health Care System from Fraud

Ontario Supporting St. Joseph’s Health Centre Redevelopment in Toronto

 

Articles of Interest

 

Ontario Health

Anderson reflects on tenure at Lakeridge Health

 

Cannabis

Wait for a ‘high’ before gobbling more cannabis edibles, doctors say

 

Health

Ontario sets July 1 as official end date for red-and-white health cards

‘A deeper love’: CTV News’ Marcia MacMillan shares her mother’s journey with dementia 2

Editorial Board: Ontario should end religious exemption for vaccination

Ontarians urged to get travel insurance as out-of-country OHIP coverage officially ends

How to avoid a massive holiday health care bill when OHIP out-of-country coverage ends

First confirmed case of severe vaping-related illness reported in Alberta

Dementia prevention vaccine ready for human trials, researchers say

 

First Nations

Dr. Nadine Caron named as First Nations Health Authority chair at UBC

 

Privacy

eHealth Saskatchewan hit by ransomware attack but personal health data is secure, says CEO.

Patient desperately needs his health records, but disgraced doctor won’t give them up

Are LifeLabs hack victims risking their privacy to get free credit monitoring?

3 Healthcare Cybersecurity Trends to Watch in 2020

 

A.I

A.I. Comes to the Operating Room

AI can now outperform doctors at detecting breast cancer. Here’s why it won’t replace them.

 

Professionalism

Calgary neurologist pleads guilty to dozens of assaults dating back to 1980s

Disgraced fertility doctor’s clinic broke federal rules as far back as 1999, inspection reports reveal

 

New Years

Five simple healthy eating goals for January and beyond

A survival guide to Eataly

Things to do this weekend