On may 12th the Ford Government enacted a regulation that gives them the authority to appoint someone to manage or to help manage a long-term care home in the event of a COVID-19 outbreak. The Regulation does not transfer ownership of the long-term care home to the Province, nor does it purport to alter the existing collective bargaining relationship. It expands the existing authority of the Government to appoint one or more persons to manage or assist in managing a long-term care home. The Government may now make an order if at least one resident or staff member in the long-term care home has tested positive for COVID-19 in a laboratory test. To date, approximately 69 CUPE long-term care homes have had COVID-19 cases confirmed through laboratory tests. 

 The Long-term Care Home Act(LTCHA) empowers the Minister of Health and Long-Term Care to appoint one or more persons as the “Director”. The LTCHA defines “Director” as:

 the person appointed under section 175 as the Director and, where more than one person has been appointed, means the person who is the Director for the purposes of the provision in which the term appears

 Under the LTCHA the Director is currently empowered to order that a licensee retain, at the licensee’s expense, one or more persons to manage or assist in managing the long-term care home. The LTCHA empowers the Director to order a licensee to:

 retain, at the licensee’s expense, one or more persons acceptable to the Director to manage or assist in managing the long-term care home

 Subsection 156(2)  of the LTCHA outlines that an order can be made on the following grounds:
• the licensee has not complied with a requirement under this Act; and
• there are reasonable grounds to believe that the licensee cannot or will not properly manage the long-term care home, or cannot do so without assistance.

The new Regulation waives the requirements under subsection 156(2) of the LTCHA, Ontario Regulation 79/10, or any other statute, regulation, order or policy.

 The  Regulation signals that the government may take a more interventionist role in long-term care homes with positive COVID-19 cases. Locals and staff should be prepared for changes to the management structure of long-term care employers. Should one or more persons be assigned to manage or assist with managing a long-term care home, the local should immediately inform their National Representative. Locals should request that the following be provided in writing:

• proposed scope and nature of the assigned individual’s role in the workplace.
• duration of the appointment.
• name of the appointee.

 Locals should take the position that their collective agreement continues to operate and that they reserve the right to grieve where appropriate.

Download the full regulation here 

Download the LTCHA here