S-4.2, r. 0.01 - Regulation respecting the certification of private seniors’ residences

Section 34 Disposition versions

2022-12-15

34. The operator of a private seniors’ residence who provides services to the residents through subcontractors or who uses the services of third persons to fill the operator’s needs for personnel, in particular the services of a placement agency, must obtain from the subcontractors or other third persons a guarantee that

(1)  the persons that may be chosen to work in the residence have been verified to determine if they have been charged with or convicted of an indictable or other offence for which a pardon has not been obtained;

(2)  the verification referred to in subparagraph 1 has been conducted for all Canadian provinces and the results show all such charges or convictions;

(3)  they will not permit a person charged with an indictable or other offence relating to the abilities and conduct required for the duties the person may perform in the residence, or having been convicted of such an indictable or other offence, to work in the residence unless, in the case of a conviction, a pardon has been obtained; and

(4)  persons selected to work in the residence as care attendants for personal assistance services meet the training requirements set out in sections 28 and 29.

The operator must provide the persons selected to work in residence, as soon as possible after they begin work, with the information they need to provide services safely, including a general description of the fire safety plan and of the procedures referred to in Schedule III. In addition, the operator must, where applicable, bring to their attention the rules on the safe use of devices and equipment for dispensing personal assistance services and the procedures for the distribution and administration of prescription medication to residents.

O.C. 259-2018, s. 34; O.C. 1574-2022, s. 31.

2018-04-05

34. The operator of a private seniors’ residence providing services to the residents through subcontractors or who uses the services of third persons to fill the operator’s needs for personnel, in particular the services of a placement agency, must obtain from the subcontractors or other third persons the guarantee that the persons that could be chosen to work in the residence have been verified to determine if they are indicted for a criminal offence or have been found guilty of such an offence for which they have not obtained a pardon. The operator must also obtain from any subcontractor or other third person the guarantee that a person who has been indicted for or found guilty of a criminal offence related to the abilities and conduct required to work in the residence will not work in the residence, unless, in the case of a conviction, a pardon has been obtained.

The operator must also obtain from the subcontractors or other third persons referred to in the first paragraph the guarantee that the persons chosen to work in the residence as care attendants hold the attestations referred to in section 28. The operator must also obtain from the subcontractors and third persons the guarantee that those persons hold a diploma referred to in subparagraph 1 of the first paragraph of section 29 or that they have obtained one of the documents referred to in subparagraph 2 or 3 of the first paragraph of that section.

O.C. 259-2018, s. 34.

Not in force

In force: 2018-04-05

34. The operator of a private seniors’ residence providing services to the residents through subcontractors or who uses the services of third persons to fill the operator’s needs for personnel, in particular the services of a placement agency, must obtain from the subcontractors or other third persons the guarantee that the persons that could be chosen to work in the residence have been verified to determine if they are indicted for a criminal offence or have been found guilty of such an offence for which they have not obtained a pardon. The operator must also obtain from any subcontractor or other third person the guarantee that a person who has been indicted for or found guilty of a criminal offence related to the abilities and conduct required to work in the residence will not work in the residence, unless, in the case of a conviction, a pardon has been obtained.

The operator must also obtain from the subcontractors or other third persons referred to in the first paragraph the guarantee that the persons chosen to work in the residence as care attendants hold the attestations referred to in section 28. The operator must also obtain from the subcontractors and third persons the guarantee that those persons hold a diploma referred to in subparagraph 1 of the first paragraph of section 29 or that they have obtained one of the documents referred to in subparagraph 2 or 3 of the first paragraph of that section.

O.C. 259-2018, s. 34.