Ontario Agency for Health Protection and Promotion Act, 2007

Bills that amended this Act0

No published amendment links yet for this Act.

Sections68

• 1Purpose

  1 The purpose of this Act is to enhance the protection and promotion of the health of Ontarians and to contribute to efforts to reduce health inequities through the establishment of an agency to provide scientific and technical advice and support to those working across sectors to protect and improve the health of Ontarians and to carry out and support activities such as population health assessment, public health research, surveillance, epidemiology, planning and evaluation. 2007, c. 10, Sched. K, s. 1.

• 1.
• 2Definitions

  2 In this Act, “board of directors” means the board of directors of the Corporation; (“conseil d’administration”) “Chief Medical Officer of Health” means the Chief Medical Officer of Health under the Health Protection and Promotion Act; (“médecin-hygiéniste en chef”) “Corporation” means the Ontario Agency for Health Protection and Promotion established under section 3; (“Agence”) “fiscal year” means the period commencing on April 1 in each year and ending on March 31 of the following year; (“exercice”) “Minister” means the Minister of Health and Long-Term Care or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; (“ministre”) “Ministry” means the Ministry of the Minister; (“ministère”) “personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004; (“renseignemen…

• 2.
• 3Corporation established

  3 A corporation to be known in English as the Ontario Agency for Health Protection and Promotion and in French as Agence ontarienne de protection et de promotion de la santé is established as a corporation without share capital. 2007, c. 10, Sched. K, s. 3.

• 3.
• 4Crown agency and status

  4 The Corporation is an agent of the Crown and may exercise its powers only as an agent of the Crown. 2007, c. 10, Sched. K, s. 4. Not-for-Profit Corporations Act, 2010, Corporations Information Act

• 4.
• 5Corporations Act, Corporations Information Act
• 5.

  5. The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Corporation except as prescribed. 2010, c. 15, s. 235 (1). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 235 (1) - 19/10/2021

• 6Objects

  6 The objects of the Corporation are, (a) to provide scientific and technical advice and support to the health care system and the Government of Ontario in order to protect and promote the health of Ontarians and reduce health inequities; (b) to develop, disseminate and advance public health knowledge, best practices, and research in the areas of population health assessment, infectious diseases, health promotion, chronic diseases, injury prevention, and environmental health; (c) to inform and contribute to policy development processes across sectors of the health care system and within the Government of Ontario through advice and impact analysis of public health issues; (d) to develop, collect, use, analyse and disclose data, including population health, surveillance and epidemiological data, across sectors, including human health, environmental, animal, agricultural, education, communi…

• 6.
• 7Powers

  7 (1) Except as limited by this Act and by section 11.0.1 of the Ministry of Infrastructure Act, 2011, the Corporation has the capacity, rights and powers of a natural person for carrying out its objects. 2024, c. 7, s. 7. Use of revenue (2) The Corporation shall carry out its operations without the purpose of gain for its members and any profits, including all money or assets that it receives by grant, contribution or otherwise, shall be used for promoting its objects. 2007, c. 10, Sched. K, s. 7 (2). Revenues and investments (3) Despite Part I of the Financial Administration Act, the revenues and investments of the Corporation do not form part of the Consolidated Revenue Fund. 2007, c. 10, Sched. K, s. 7 (3). Lieutenant Governor in Council approval (4) The Corporation shall not exercise the following powers without the approval of the Lieutenant Governor in Council: 1. Acquiring, dispo…

• 7.
• 8Additional limitations

  8 The Lieutenant Governor in Council may prescribe additional limitations to the Corporation’s powers. 2007, c. 10, Sched. K, s. 8.

• 8.
• 9Board of directors

  9 (1) The Corporation shall consist of no more than 13 members appointed by the Lieutenant Governor in Council who shall form the board of directors of the Corporation. 2007, c. 10, Sched. K, s. 9 (1). Areas of expertise (2) In appointing the members of the board of directors, regard may be had to the desirability of appointing, (a) persons with skills and expertise in the areas covered by the Corporation’s objects, or in corporate governance; (b) a person with expertise in public accounting or with related financial experience; and (c) a lay person with demonstrated interest or experience in health issues. 2007, c. 10, Sched. K, s. 9 (2). Term of office (3) Subject to subsections (4) and (5), the members of the board of directors shall hold office at pleasure for a term determined by the Lieutenant Governor in Council. 2007, c. 10, Sched. K, s. 9 (3). Termination (4) A member ceases to …

• 9.
• 10Chair and vice-chairs

  10 (1) The Lieutenant Governor in Council shall designate a chair and at least one vice-chair from among the members of the board of directors. 2021, c. 34, Sched. 16, s. 1. Transitional (2) The chair and vice-chairs who were designated immediately before the Supporting People and Businesses Act, 2021 received Royal Assent continue to be authorized to act in those capacities until the Lieutenant Governor in Council makes a designation under subsection (1). 2021, c. 34, Sched. 16, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 16, s. 1 - 02/12/2021

• 10.
• 11Chair’s role

  11 (1) The chair shall preside over the meetings of the board of directors. 2007, c. 10, Sched. K, s. 11 (1). Acting chair (2) If the chair is absent or otherwise unable to act or if the office of chair is vacant, the vice-chairs present at a meeting shall designate an acting chair from among themselves. 2007, c. 10, Sched. K, s. 11 (2). Same (3) In the absence of the chair and the vice-chairs, the directors present at a meeting shall designate an acting chair from among themselves. 2007, c. 10, Sched. K, s. 11 (3).

• 11.
• 12Powers and duties of the board

  12 The affairs of the Corporation are under the management and control of its board of directors. 2007, c. 10, Sched. K, s. 12.

• 12.
• 13By-laws, resolutions re proceedings

  13 The board of directors may pass by-laws and resolutions for conducting and managing the affairs of the Corporation. 2007, c. 10, Sched. K, s. 13.

• 13.
• 14Standing committees

  14 (1) The board of directors shall by by-law establish the following standing committees: 1. A governance standing committee. 2. A strategic planning standing committee. 3. An audit standing committee. 2007, c. 10, Sched. K, s. 14 (1). Additional standing committees (2) The board of directors may, by by-law, establish additional standing committees. 2007, c. 10, Sched. K, s. 14 (2). Composition, functions, etc. (3) Subject to subsections (4), (5) and (6) and the regulations, a by-law establishing a standing committee shall provide for the committee’s composition, functions and operation, and may provide that persons who are not members of the board of directors may serve on standing committees. 2007, c. 10, Sched. K, s. 14 (3). Strategic planning standing committee (4) The Chief Medical Officer of Health is by virtue of his or her office a member of the strategic planning standing commi…

• 14.
• 15Delegation of powers of the board

  15 (1) The board of directors may by by-law delegate any of its powers to a standing committee. 2007, c. 10, Sched. K, s. 15 (1). Delegation subject to conditions and restrictions (2) A delegation under subsection (1) is subject to any conditions or restrictions set out in the by-law. 2007, c. 10, Sched. K, s. 15 (2).

• 15.
• 16Validity of acts of directors and officers

  16 An act done by a director or by an officer is not invalid by reason only of any defect that is thereafter discovered in his or her appointment, election or qualification. 2007, c. 10, Sched. K, s. 16.

• 16.
• 17Conflict of interest

  17 The board of directors shall develop, in consultation with the Minister, conflict of interest policies for the directors, officers and employees of the Corporation. 2007, c. 10, Sched. K, s. 17.

• 17.
• 18Meetings of board

  18 (1) The board of directors shall meet regularly throughout the year and in any event shall hold at least four meetings in each calendar year. 2007, c. 10, Sched. K, s. 18 (1). Quorum (2) A majority of the directors constitutes a quorum. 2007, c. 10, Sched. K, s. 18 (2). CMOH to be informed (3) The Corporation shall provide the Chief Medical Officer of Health with, (a) reasonable notice of any meeting of the board of directors; (b) the agenda for that meeting; and (c) any material that is to be considered at that meeting. 2007, c. 10, Sched. K, s. 18 (3). Attendance of CMOH (4) The Chief Medical Officer of Health, or his or her designate, is entitled to attend and to participate in any meeting of the board of directors. 2007, c. 10, Sched. K, s. 18 (4).

• 18.
• 19Chief executive officer

  19 (1) The Corporation shall appoint a chief executive officer who shall be an employee of the Corporation and not a member of the board of directors. 2007, c. 10, Sched. K, s. 19 (1). Role (2) The chief executive officer is responsible for the management and administration of the affairs of the Corporation, subject to the supervision and direction of the board of directors. 2007, c. 10, Sched. K, s. 19 (2).

• 19.
• 20Audit

  20 (1) The board of directors shall appoint an auditor licensed under the Public Accounting Act, 2004 to audit the accounts and the financial transactions of the Corporation annually. 2007, c. 10, Sched. K, s. 20 (1). Other audits (2) In addition to the requirement for an annual audit, (a) the Minister may, at any time, direct that one or more auditors licensed under the Public Accounting Act, 2004 audit the accounts and the financial transactions of the Corporation; and (b) the Auditor General may, at any time, audit any aspect of the operations of the Corporation. 2007, c. 10, Sched. K, s. 20 (2).

• 20.
• 21Annual business plan

  21 (1) On or before April 1 in each year, or another date specified by the Minister, the board of directors shall adopt a business plan for the fiscal year. 2007, c. 10, Sched. K, s. 21 (1). Strategic objectives and rolling budget (2) The business plan shall include a three-year rolling budget, the strategic objectives for the Corporation, and any performance measures the Corporation shall meet. 2007, c. 10, Sched. K, s. 21 (2). Submission to Minister (3) On or before January 1 in each year, or another date specified by the Minister, the board of directors shall submit a copy of the business plan to the Minister for approval. 2007, c. 10, Sched. K, s. 21 (3).

• 21.
• 22Annual report

  22 (1) The Corporation shall prepare an annual report, provide it to the Minister and make it available to the public. 2017, c. 34, Sched. 46, s. 30. Same (2) The Corporation shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; (b) when to provide it to the Minister; and (c) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 30. Same (3) The Corporation shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 30. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 30 - 01/01/2018

• 22.
• 22 #22Annual report
• 22.1Tabling of annual report

  22.1The Minister shall table the Corporation’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 30. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 30 - 01/01/2018

• 23.
• 23Other reports

  23 The Corporation shall provide to the Minister, within the time and in the form that the Minister specifies, the plans, reports, financial statements, including audited financial statements and information that the Minister requires for the purposes of administering this Act. 2007, c. 10, Sched. K, s. 23. PART III directives

• 24.
• 24CMOH directives

  24 (1) The Chief Medical Officer of Health may issue directives in writing to the Corporation for the Corporation to provide scientific and technical advice and operational support to any person or entity in an emergency or outbreak situation that has health implications. 2007, c. 10, Sched. K, s. 24 (1). Implementation (2) The board of directors shall ensure that a directive of the Chief Medical Officer of Health under subsection (1) is carried out in accordance with its terms, this Act, and the regulations. 2007, c. 10, Sched. K, s. 24 (2). PART iV TRANSFERs

• 25.
• 25Transfers

  25 (1) Despite any other Act, but subject to the Financial Administration Act, the regulations, if any, under this Act and the approval of the Lieutenant Governor in Council, the Crown in right of Ontario may transfer to the Corporation any of its rights, obligations, assets and liabilities or any interest in or entitlement to a right, obligation, asset and liability, with or without consideration, on terms and conditions agreed upon between the Crown and the Corporation and, without restricting the generality of the foregoing, may transfer public health laboratory centres established by the Minister under section 79 of the Health Protection and Promotion Act. 2007, c. 10, Sched. K, s. 25 (1). Non-cash expenses (2) A non-cash transfer under subsection (1) is an authorized non-cash expense for the purposes of section 11.1 of the Financial Administration Act. 2007, c. 10, Sched. K, s. 25 (…

• 26.
• 26No actions or proceedings against Crown

  26 No proceeding for damages or otherwise shall be commenced against the Crown, the Minister or any person employed by the Crown with respect to any act done or omitted to be done or any decision of the Corporation, a director or officer of the Corporation, a member of a standing committee or a person employed by the Corporation. 2007, c. 10, Sched. K, s. 26.

• 27.
• 27Immunity from civil action

  27 (1) No proceeding for damages or otherwise shall be commenced against the Minister, a director or officer of the Corporation, a member of a standing committee, or any person employed by the Crown or the Corporation, with respect to any act done or omitted to be done or any decision under this Act that is done in good faith in the execution or intended execution of a power or duty under this Act. 2007, c. 10, Sched. K, s. 27 (1); 2011, c. 1, Sched. 6, s. 7 (1). Corporation remains liable (2) Subsection (1) does not relieve the Corporation of any liability to which it would otherwise be subject in respect of a tort committed by a director, officer or employee. 2007, c. 10, Sched. K, s. 27 (2). Crown remains liable in certain cases (3) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of a liability to which it would othe…

• 28.
• 28Unpaid judgments against the Corporation

  28 The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against the Corporation that remains unpaid after, as determined by the Lieutenant Governor in Council, the Corporation has made all reasonable efforts to pay the amount of the judgment. 2007, c. 10, Sched. K, s. 28. PART Vi dissolution

• 29.
• 29Dissolution

  29 (1) The Minister may, on a date specified by the Minister, dissolve the Corporation. 2007, c. 10, Sched. K, s. 29 (1). Publication in The Ontario Gazette (2) The Minister shall publish notice of the dissolution under subsection (1) in The Ontario Gazette. 2007, c. 10, Sched. K, s. 29 (2). PART vii regulations

• 30.
• 30Regulations

  30 (1) The Minister may make regulations, (a) prescribing, for the purposes of section 5, provisions of the Not-for-Profit Corporations Act, 2010 and the Corporations Information Act that apply to the Corporation, and any modifications to which those provisions are subject; (b) prescribing provisions of the Business Corporations Act, other than those mentioned in subsection 9 (7), that apply to the Corporation, and any modifications to which those provisions are subject; (c) governing the establishment of standing committees by the board of directors. 2007, c. 10, Sched. K, s. 30 (1); 2010, c. 15, ss. 235 (2). Same, LG in C (2) The Lieutenant Governor in Council may make regulations, (a) prescribing additional objects of the Corporation under clause 6 (k); (b) prescribing additional limitations to the Corporation’s powers under section 8; (c) respecting matters that relate to or arise as…

• 31., 32.
• 31, 32

  31, 32 Omitted (amends or repeals other Acts). 2007, c. 10, Sched. K, ss. 31, 32.

• 33.
• 33

  33 Omitted (provides for coming into force of provisions of this Act). 2007, c. 10, Sched. K, s. 33.

• 34.
• 34

  34 Omitted (enacts short title of this Act). 2007, c. 10, Sched. K, s. 34. ______________