Health Sector Payment Transparency Act, 2017

Bills that amended this Act0

No published amendment links yet for this Act.

Sections21

• 1Purpose

  1 The purpose of this Act is to require the reporting of information about financial relationships that exist within Ontario’s health care system, including within health care research and education, and to enable the collection, analysis and publication of that information in order to, (a) strengthen transparency in order to sustain and enhance the trust that patients have in their health care providers and in the health care system; (b) provide patients with access to information that may assist them in making informed decisions about their health care; (c) provide the Minister and others with information for the purposes of health system research and evaluation, planning and policy analysis; and (d) provide for the collection, use and disclosure of personal information for these purposes.

• 2Definitions

  2 In this Act, “affiliate” has the same meaning as in the Business Corporations Act; (“membre du même groupe”) “drug” means, (a) subject to the regulations, a substance or a preparation containing a substance referred to in clauses (a) to (d) of the definition of drug in subsection 1 (1) of the Drug and Pharmacies Regulation Act for human use, but does not include, (i) a substance or preparation referred to in clause (e) of that definition, or (ii) a natural health product within the meaning of the Natural Health Products Regulation made under the Food and Drugs Act (Canada), and (b) any other prescribed substance or preparation; (“médicament”) “intermediary” means a person or entity who provides or facilitates a transfer of value to a recipient on behalf of a payor; (“intermédiaire”) “medical device” means, (a) a device as defined in section 2 of the Food and Drugs Act (Canada) that is …

• 3Interpretation, “payor”

  3 Any of the following persons is a payor for the purposes of this Act if the person provides a transfer of value to a recipient: 1. A manufacturer that sells a medical product under the manufacturer’s own name or under a trade-mark, design, trade name or other name or mark that is owned or controlled by the manufacturer and that fabricates, produces, processes, assembles, packages or labels the product, even if those tasks are performed by someone else on the manufacturer’s behalf. 2. A person who fabricates, produces, processes, assembles, packages or labels a medical product on behalf of a manufacturer described in paragraph 1. 3. A wholesaler, distributor, importer or broker that promotes or facilitates the sale of a medical product. 4. A marketing firm or person who performs activities for the purposes of marketing or promoting a medical product. 5. A person who organizes continuing…

• 4Reporting obligations

  4 (1) Subject to subsection (2), a payor shall report to the Minister the information set out in subsection (5) with respect to the following transactions: 1. A transfer of value provided directly by a payor to a recipient. 2. A transfer of value provided indirectly by a payor to a recipient through an intermediary. Exceptions (2) A payor is not required to report a transaction that, (a) has a dollar value that is less than the prescribed threshold; or (b) is otherwise prescribed. Report by intermediaries, affiliates (3) If requested by the Minister, an intermediary in a transaction, an affiliate of the intermediary or an affiliate of a payor shall, in the manner and the timeframe set out in the request, report to the Minister the information set out in subsection (5) that the Minister may request with respect to a transaction that is required to be reported under subsection (1). Request…

• 5Use of information for analysis

  5 The Minister shall analyse the information reported under this Act, including any personal information, for the purposes of health system research and evaluation, planning and policy analysis.

• 6Publication of information

  6 (1) The Minister shall, in any format the Minister considers appropriate, disclose the information reported under this Act, which may include personal information, on a website and in any other manner that the Minister considers appropriate at least once in a calendar year and at any other time as the Minister considers appropriate. Publication of analysis (2) If the Minister determines it is appropriate to do so, the Minister shall publish the results of any analysis conducted using information collected under this Act at the time and in the manner that the Minister considers appropriate.

• 7Request for correction

  7 A prescribed person may, in accordance with the regulations, request that the Minister correct information reported to the Minister under this Act, and the Minister shall deal with the request in accordance with the regulations.

• 8Requests for information

  8 (1) The Minister may request that a recipient, a payor, an intermediary or an affiliate of a payor or an intermediary provide any information, including personal information, to the Minister that the Minister requires to determine compliance with this Act and the regulations. Compliance required (2) A recipient, payor, intermediary or affiliate shall comply with any request from the Minister within the timelines specified in the request.

• 9Inspectors

  9 (1) The Minister may appoint, in writing, any person as an inspector for the purposes of this Act. Inspection (2) An inspector may, without a warrant and at any reasonable time, enter a premises or any part of a premises if the inspector reasonably believes that a record relating to a transaction that is required to be reported under subsection 4 (1) may be located there, in order to conduct inspections for the purpose of determining compliance with the requirements under this Act. Dwellings (3) No inspector shall enter a premises or any part of a premises that is being used as a dwelling, except with the consent of the occupier of the premises. Identification (4) The Minister shall issue to every inspector a certificate of appointment which the inspector conducting an inspection shall produce, upon request, when acting in the performance of the inspector’s duties. Powers of inspector …

• 10Production order

  10 (1) On application, without notice by an inspector, a justice may issue a production order to a person, other than a person being investigated, requiring the person to, (a) produce data, a document or a copy of a document certified by affidavit to be a true copy; or (b) prepare and produce data or a document based on documents or other things already in existence. Contents of order (2) A production order shall set out the time at which, the form and manner in which and to whom the data, document or copy of a document shall be produced. Grounds (3) A justice may make a production order if the justice is satisfied, by information given under oath or affirmation, that there are grounds to believe that, (a) an offence under this Act has been or is being committed; (b) the data or document will provide evidence respecting the offence or suspected offence; and (c) the person who is subject …

• 11Compliance orders

  11 (1) If the Minister or an inspector has grounds to believe that a person has failed to comply with this Act or the regulations, the Minister or the inspector may serve on the person a compliance order requiring the person to do anything, or refrain from doing anything, in order to comply with this Act and the regulations. Submissions (2) The person to whom the order is directed may, within 14 days after the order is served, provide submissions to the Minister as to how the person has complied with the Act and the regulations. Reconsideration by Minister (3) After considering the submissions, the Minister shall confirm or rescind the compliance order and serve on the person a notice of the decision. Compliance (4) A person to whom a compliance order is directed shall comply with it unless the Minister rescinds it. Service of order (5) A compliance order shall be served in accordance wi…

• 12Court order to comply

  12 If it appears to the Minister that a person is not complying with this Act or the regulations, the Minister may apply to the Superior Court of Justice, on notice to the person, for an order directing the person to comply and, on the application, the court may make the order that the court thinks fit.

• 13Publication re orders

  13 (1) The Minister shall publish on a website the following information about a compliance order issued under section 11 or a court order issued under section 12: 1. The name of the person or entity to whom the order is directed. 2. A description of the non-compliance that gave rise to the order. Limitation (2) The Minister shall not publish information about a compliance order issued under section 11 unless, (a) 14 days have elapsed since the Minister or inspector served the order and the person to whom the order is directed has not provided submissions under subsection 11 (2); or (b) the Minister has confirmed the order under subsection 11 (3).

• 14Delegation

  14 The Minister may delegate in writing any of the Minister’s powers or duties under this Act to any person.

• 15Liability

  15 (1) No action or other proceeding for damages may be instituted against the Minister, an employee or agent of the Ministry, a person to whom a power or duty of the Minister under this Act is delegated or an employee or agent of that person for any act done in good faith in the execution or intended execution of the person’s powers or duties under this Act or for any alleged neglect or default in the execution in good faith of the person’s powers or duties under this Act. 2017, c. 25, Sched. 4, s. 15 (1). Liability in certain cases (2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject. 2017, c. 25, Sched. 4, s. 15 (2). Note: On the later of the day section 33 of Schedule 17 (Crown Liability and Proceedings Act, 2019) to the Protecting What Matters Most Act (Budget…

• 16Obligation of directors and officers

  16 Every director and officer of a corporation to which this Act applies shall ensure that the corporation complies with this Act and the regulations.

• 17Offences

  17 (1) Every person who contravenes any provision of this Act or the regulations is guilty of an offence and on conviction is liable, (a) in the case of an individual’s first offence, to a fine not exceeding $10,000 for each day or part of a day on which the offence occurs or continues; (b) in the case of an individual’s second or subsequent offence, to a fine not exceeding $25,000 for each day or part of a day on which the offence occurs or continues; (c) in the case of a corporation’s first offence, to a fine not exceeding $50,000 for each day or part of a day on which the offence occurs or continues; or (d) in the case of a corporation’s second or subsequent offence, to a fine not exceeding $100,000 for each day or part of a day on which the offence occurs or continues. No imprisonment or probation (2) A person convicted of an offence under this Act is not liable to imprisonment or to…

• 18Review of the Act

  18 (1) The Minister shall periodically conduct a review of this Act. Written report (2) The Minister shall prepare a written report respecting the review and make it available to the public on a website and in any other manner that the Minister considers appropriate. Period for review (3) The first review shall be completed and the report made available to the public within five years after the day this section comes into force. Same (4) Each subsequent review shall be completed and the report made available to the public within five years after the day the report on the previous review has been made available to the public.

• 19Regulations

  19 The Lieutenant Governor in Council may make regulations, (a) respecting any matter that this Act describes as being prescribed by or provided for in the regulations; (b) defining or clarifying any word or expression used in this Act but not otherwise defined; (c) prescribing substances or preparations that are not a drug for the purposes of the definition of “drug” in section 2; (d) further defining, specifying or clarifying the meaning of “intermediary” or “transfer of value” in section 2; (e) respecting the correction of information under section 7, including prescribing procedures for requests for corrections, procedures for making a correction and procedures that apply if the Minister does not make a requested correction; (f) governing the service of a compliance order under subsection 11 (5); (g) exempting a person or a class of person from the application of this Act or any prov…

• 20

  20 Omitted (provides for coming into force of provisions of this Act).

• 21

  21 Omitted (enacts short title of this Act). ______________