Excellent Care for All Act, 2010

The people of Ontario and their Government: Believe in the importance of our system of publicly funded health care services and the need to ensure its future so that all Ontarians, today and tomorrow, can continue to receive high quality health care; Believe that the patient experience and the support of patients and their caregivers to realize their best health is a critical element of ensuring the future of our health care system; Recognize that a high quality health care system is one that is accessible, appropriate, effective, efficient, equitable, integrated, patient centred, population health focussed, and safe; Are committed to ensuring that health care organizations are responsive and accountable to the public, and focused on creating a positive patient experience and delivering high quality health care; Believe that quality is the goal of everyone involved in delivering health c…

Interpretation

1 In this Act, “Agency” means the corporation continued by section 3 of the Connecting Care Act, 2019; (“Agence”) “annual quality improvement plan” means the quality improvement plan required under section 8; (“plan annuel d’amélioration de la qualité”) “caregiver” and related terms have the meaning or meanings provided for in the regulations; (“fournisseur de soins”) “compensation” means all forms of payment, benefits and perquisites paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle him or her to be paid, and includes discretionary payments; (“rémunération”) “compensation plan” means the provisions, however established, for the determination and administration of a person’s compensation; (“régime de rémunération”) “executive”, with respect to a health care organization, means, (a) the chief executive officer of the…

2 Every health care organization, (a) shall comply with every requirement established by this Act and the regulations; and (b) shall ensure that every quality committee it establishes and maintains complies with, and carries out its responsibilities under, this Act and the regulations. 2010, c. 14, s. 2.

Quality Committee

3 (1) Every health care organization shall establish and maintain a quality committee for the health care organization. 2010, c. 14, s. 3 (1). Composition of quality committees (2) The membership, composition and governance of quality committees shall be as provided for in the regulations. 2010, c. 14, s. 3 (2). Accountability (3) Every quality committee shall report to its responsible body. 2010, c. 14, s. 3 (3).

4 Every quality committee has the following responsibilities: 1. To monitor and report to the responsible body on quality issues and on the overall quality of services provided in the health care organization, with reference to appropriate data. 2. To consider and make recommendations to the responsible body regarding quality improvement initiatives and policies. 3. To ensure that best practices information supported by available scientific evidence is translated into materials that are distributed to employees and persons providing services within the health care organization, and to subsequently monitor the use of these materials by these people. 4. To oversee the preparation of annual quality improvement plans. 5. To carry out any other responsibilities provided for in the regulations. 2010, c. 14, s. 4.

Surveys

5 (1) Every health care organization shall carry out surveys, (a) at least once every fiscal year, of persons who have received services from the health care organization in the past 12 months and of caregivers of those persons who had contact with the organization in connection with those services; and (b) at least once every two fiscal years, of employees of the health care organization and of persons providing services within the health care organization. 2010, c. 14, s. 5 (1). Purpose of survey (2) The purpose, (a) of a survey under clause (1) (a) is to collect information concerning satisfaction with the services provided by the health care organization; and (b) of a survey under clause (1) (b) is to collect information on the satisfaction of employees and other persons with their experience working for or providing services within the organization and to solicit views about the qua…

Patient Relations Process

6 (1) Every health care organization shall have a patient relations process and shall make information about that process available to the public. 2010, c. 14, s. 6 (1). Must reflect values (2) The health care organization shall ensure that the patient relations process reflects the content of its patient declaration of values. 2010, c. 14, s. 6 (2).

Patient Declaration of Values

7 (1) Every health care organization that does not already have a publicly available patient declaration of values produced after consultation with the public shall, (a) within six months of becoming subject to this section, consult with the public concerning a draft patient declaration of values; and (b) within 12 months of becoming subject to this section, finalize the patient declaration of values and make it available to the public. 2010, c. 14, s. 7 (1). Amendment (2) A health care organization may amend its patient declaration of values after consulting with the public, and shall make every amended declaration available to the public. 2010, c. 14, s. 7 (2).

Annual Quality Improvement Plans

8 (1) In every fiscal year, every health care organization shall develop a quality improvement plan for the next fiscal year and make the quality improvement plan available to the public. 2010, c. 14, s. 8 (1). Factors in development (2) The annual quality improvement plan must be developed having regard to at least the following: 1. The results of the surveys. 2. Data relating to the patient relations process. 3. In the case of a public hospital, its aggregated critical incident data as compiled based on disclosures of critical incidents pursuant to regulations made under the Public Hospitals Act and information concerning indicators of the quality of health care provided by the hospital disclosed pursuant to regulations made under the Public Hospitals Act. 4. Any factors provided for in the regulations. 2010, c. 14, s. 8 (2). Content (3) The annual quality improvement plan must contain…

Performance based Compensation

9 (1) Every health care organization shall, in accordance with the regulations, ensure that payment of compensation for any executive of the organization under a compensation plan is linked to the achievement of the performance improvement targets set out in the annual quality improvement plan. 2010, c. 14, s. 9 (1). Conflict with this Act (2) This Act prevails over the provisions of a compensation plan and, if there is a conflict between this Act and a compensation plan, the compensation plan is inoperative to the extent of the conflict. 2010, c. 14, s. 9 (2). Compliance reports (3) Every health care organization shall give the Minister such reports as may be provided for in the regulations concerning its compliance with this section. 2010, c. 14, s. 9 (3). Same (4) Each report must be submitted in such form and manner as may be provided for in the regulations and within the period prov…

10 Repealed: 2019, c. 5, Sched. 3, s. 7 (7). Section Amendments with date in force (d/m/y) 2014, c.13, Sched. 5, s. 2 - 01/07/2016 2016, c. 30, s. 37 (3) - 01/05/2017 2019, c. 5, Sched. 3, s. 7 (6) - 18/04/2019; 2019, c. 5, Sched. 3, s. 7 (7) - 01/04/2020

10.1 Repealed: 2019, c. 5, Sched. 3, s. 7 (7). Section Amendments with date in force (d/m/y) 2016, c. 30, s. 37 (4) - 01/05/2017 2019, c. 5, Sched. 3, s. 7 (7) - 01/04/2020

10.2 Repealed: 2019, c. 5, Sched. 3, s. 7 (7). Section Amendments with date in force (d/m/y) 2016, c. 30, s. 37 (4) - 01/05/2017 2017, c. 25, Sched. 2, s. 1 - 12/12/2017 2019, c. 5, Sched. 3, s. 7 (7) - 01/04/2020

10.3, 10.4 Repealed: 2019, c. 5, Sched. 3, s. 7 (7). Section Amendments with date in force (d/m/y) 2016, c. 30, s. 37 (4) - 01/05/2017 2019, c. 5, Sched. 3, s. 7 (7) - 01/04/2020

11-11.2 Repealed: 2019, c. 5, Sched. 3, s. 7 (7). Section Amendments with date in force (d/m/y) 2016, c. 30, s. 37 (5) - 01/05/2017 2019, c. 5, Sched. 3, s. 7 (7) - 01/04/2020

12 Repealed: 2019, c. 5, Sched. 3, s. 7 (7). Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 5, s. 3 (1, 2) - 01/07/2017 2016, c. 30, s. 37 (6, 7, 8) - 08/12/2016 2019, c. 5, Sched. 3, s. 7 (7) - 01/04/2020

13 Repealed: 2019, c. 5, Sched. 3, s. 7 (7). Section Amendments with date in force (d/m/y) 2016, c. 30, s. 37 (9) - 08/12/2016 2019, c. 5, Sched. 3, s. 7 (7) - 01/04/2020

13.0.1 Repealed: 2019, c. 5, Sched. 3, s. 7 (7). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 2, s. 2 - 12/12/2017 2019, c. 5, Sched. 3, s. 7 (7) - 02/12/2019

Patient Ombudsman

13.1 (1) The Lieutenant Governor in Council shall appoint a person to be the patient ombudsman. 2014, c. 13, Sched. 5, s. 4. Functions of the patient ombudsman (2) The functions of the patient ombudsman are, (a) to receive and respond to complaints from patients and former patients of a health sector organization and their caregivers, and from any other prescribed persons; (b) to facilitate the resolution of complaints made by patients and former patients of a health sector organization and their caregivers, and by any other prescribed persons; (c) to undertake investigations of complaints made by patients and former patients of a health sector organization and their caregivers, and by any other prescribed persons, and to undertake investigations of health sector organizations on the patient ombudsman’s own initiative; (d) to make recommendations to health sector organizations following …

13.2 (1) Subject to any prescribed limitations with respect to time, a patient or a former patient of a health sector organization, a caregiver of a patient or former patient, and any other prescribed person, may make a complaint in writing to the patient ombudsman about actions or inactions of a health sector organization that relate, (a) in the case of a patient or former patient, to the care and health care experience of the patient or former patient; (b) in the case of a caregiver, to the care and health care experience of the patient or former patient to whom the caregiver provides or provided care; or (c) in the case of another prescribed person, to the care and health care experience of another person provided for in the regulations. 2014, c. 13, Sched. 5, s. 4; 2016, c. 30, s. 37 (11). Facilitated resolution (2) The patient ombudsman shall work with the patient, former patient, c…

13.3 (1) Where, after attempting to facilitate the resolution of a complaint under section 13.2, the patient ombudsman believes that the complaint should be investigated, the patient ombudsman may investigate the complaint. 2014, c. 13, Sched. 5, s. 4. May decide not to investigate (2) Without limiting the generality of the powers conferred on the patient ombudsman by this Act, the patient ombudsman may in his or her discretion decide not to investigate, or, as the case may require, not to further investigate any complaint for any reason for which the patient ombudsman could have determined not to attempt to facilitate the resolution of the complaint under section 13.2. 2014, c. 13, Sched. 5, s. 4. Patient to be informed (3) In any case where the patient ombudsman makes a determination not to investigate or further investigate a complaint, the patient ombudsman shall inform the patient, …

13.4 (1) After making an investigation, the patient ombudsman may make any recommendations to a health sector organization that was the subject of the investigation that the patient ombudsman sees fit. 2014, c. 13, Sched. 5, s. 4. Copy to patient (2) Where the patient ombudsman makes recommendations to a health sector organization under subsection (1), the patient ombudsman shall also provide a copy of the recommendations to the patient, former patient, caregiver or other prescribed person who made the complaint, if any. 2014, c. 13, Sched. 5, s. 4. Personal information to be removed (3) Subject to any prescribed exceptions, the patient ombudsman shall, before providing the copy of recommendations under subsection (2), ensure that all personal information and personal health information about anyone other than the patient, former patient, caregiver or other prescribed person is redacted.…

13.5 (1) The patient ombudsman shall report to the Minister on the activities and recommendations of the patient ombudsman at least annually, and otherwise as the patient ombudsman considers appropriate. 2014, c. 13, Sched. 5, s. 4. (2) Repealed: 2023, c. 19, s. 19 (7). No personal information (3) The patient ombudsman shall not include any personal information or personal health information in any reports made under this section. 2014, c. 13, Sched. 5, s. 4. Reports to be public (4) The patient ombudsman shall make the reports under this section available to the public, through publication on a website and any other means the patient ombudsman may consider appropriate. 2014, c. 13, Sched. 5, s. 4; 2019, c. 5, Sched. 3, s. 7 (12). Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 5, s. 4 - 01/07/2016 2019, c. 5, Sched. 3, s. 7 (12) - 01/04/2020 2023, c. 19, s. 19 (7) - 28…

13.6 (1) The Agency may collect personal health information where the patient ombudsman collects that information in exercising the patient ombudsman’s powers under this Act. 2017, c. 25, Sched. 2, s. 3; 2019, c. 5, Sched. 3, s. 7 (13). Same (2) The Agency may use personal health information for purposes related to the functions of the patient ombudsman. 2017, c. 25, Sched. 2, s. 3; 2019, c. 5, Sched. 3, s. 7 (13). Disclosure (3) The Agency may disclose personal health information, (a) for purposes related to the functions of the patient ombudsman; or (b) where it is required by law or by an agreement or arrangement made under the authority of a statute of Ontario or Canada. 2019, c. 5, Sched. 3, s. 7 (14). Other information (4) In exercising their powers under this Act, the patient ombudsman and the Agency shall not collect, use or disclose personal health information if other informati…

13.6.1 The Freedom of Information and Protection of Privacy Act does not apply to records in the Agency’s custody or control that contain information obtained or prepared by the patient ombudsman in the course of conducting an investigation under section 13.3. 2017, c. 25, Sched. 2, s. 3; 2019, c. 5, Sched. 3, s. 7 (15). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 2, s. 3 - 12/12/2017 2019, c. 5, Sched. 3, s. 7 (15) - 01/04/2020

13.7 (1) Repealed: 2019, c. 5, Sched. 3, s. 7 (16). (2) Repealed: 2016, c. 30, s. 37 (12). Testimony (3) Neither the patient ombudsman nor anyone employed by the Agency is a competent or compellable witness in a civil proceeding outside this Act in connection with anything done under sections 13.1 to 13.4. 2014, c. 13, Sched. 5, s. 4; 2019, c. 5, Sched. 3, s. 7 (17). Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 5, s. 4 - 01/07/2016 2016, c. 30, s. 37 (12) - 01/05/2017 2019, c. 5, Sched. 3, s. 7 (16, 17) - 01/04/2020

Medical Assistance in Dying

13.8 (1) No action or other proceeding for damages shall be instituted against a physician or nurse practitioner or any other person assisting him or her for any act done or omitted in good faith in the performance or intended performance of medical assistance in dying. 2017, c. 7, s. 2 (2). Exception (2) Subsection (1) does not apply to an action or proceeding that is based upon the alleged negligence of a physician, nurse practitioner or other person. 2017, c. 7, s. 2 (2). Care providers (3) No action or other proceeding for damages based on direct or vicarious liability shall be instituted against a care provider or a director, officer or employee of a care provider for any act done or omitted in good faith, (a) by the care provider in relation to the delivery of medical assistance in dying; or (b) by a physician or nurse practitioner or any other person assisting him or her in the pe…

13.9 (1) Subject to subsection (2), the fact that a person received medical assistance in dying may not be invoked as a reason to deny a right or refuse a benefit or any other sum which would otherwise be provided under a contract or statute. 2017, c. 7, s. 2 (2). Contrary intention (2) Subsection (1) applies unless an express contrary intention appears in the statute. 2017, c. 7, s. 2 (2). Section Amendments with date in force (d/m/y) 2017, c. 7, s. 2 (2) - 10/05/2017

13.10 The Minister shall establish a care co-ordination service to assist patients and caregivers in accessing additional information and services for medical assistance in dying and other end-of-life options. 2017, c. 7, s. 2 (2). Section Amendments with date in force (d/m/y) 2017, c. 7, s. 2 (2) - 10/05/2017

Offences

14 Every person who contravenes a provision of this Act or the regulations is guilty of an offence and on conviction is liable to a fine, (a) not exceeding $10,000, in the case of an individual; and (b) not exceeding $25,000, in the case of a corporation. 2010, c. 14, s. 14.

Regulations

15 (1) The Minister may make regulations, (a) providing for additional persons who are executives for the purposes of the definition of “executive” in section 1; (b) providing for additional bodies that are responsible bodies for the purposes of the definition of “responsible body” in section 1; (c) governing quality committees other than with respect to who may be a member, and, without restricting the generality of the foregoing, respecting their functions, record-keeping requirements and reporting relationships and providing for additional responsibilities for quality committees; (d) respecting the annual quality improvement plans, and, without restricting the generality of the foregoing, respecting the factors that regard must be had to in developing them, their content, including performance targets, and the manner in which health care organizations develop, publish and disclose the…

16 (1) The Lieutenant Governor in Council may make regulations, (a) providing for additional organizations that are health care organizations for the purposes of the definition of “health care organization” in section 1; (b) respecting who may be a member of a quality committee; (c) governing the manner in which compensation for the executives of health care organizations is to be connected to the achievement of the performance improvement targets set out in quality improvement plans, and, without restricting the generality of the foregoing, providing for anything that may be provided for under section 9; (d)-(m) Repealed: 2019, c. 5, Sched. 3, s. 7 (20). (m.1) respecting and providing for conditions, restrictions or requirements that apply to the Agency and persons acting on its behalf in the collection, use and disclosure of personal health information under this Act; (n) governing the…

17 Repealed: 2017, c. 20, Sched. 8, s. 82 (2). Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 82 (2) - 14/11/2017

18-20 Omitted (amends, repeals or revokes other legislation). 2010, c. 14, ss. 18-20.

21 Omitted (provides for coming into force of provisions of this Act). 2010, c. 14, s. 21.

22 Omitted (enacts short title of this Act). 2010, c. 14, s. 22. ______________