Connecting Care Act, 2019
Connecting Care Act, 2019, S.O. 2019, c. 5, Sched. 1
Bills that amended this Act3
- Bill 135amend
Convenient Care at Home Act, 2023
“1ST SESSION, 43RD LEGISLATURE, ONTARIO 2 CHARLES III, 2023 Bill 135 (Chapter 19 of the Statutes of Ontario, 2023) An Act to amend the Connecting Care Act, 2019 with respect to home and community care services and health governance and to make related amendments to other Acts The Hon.”
- Bill 15amend
Connecting Care Amendment Act (Patient Bill of Rights), 2021
“-- 2 of 4 -- Bill 15 2021 An Act to amend the Connecting Care Act, 2019 with respect to a patient bill of rights Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 Subsection 1 (1) of the Connecting Care Act, 2019 is amended by adding the following definition: “essential...”
- Bill 212amend
Connecting Care Amendment Act (Patient Bill of Rights), 2020
“-- 2 of 4 -- Bill 212 2020 An Act to amend the Connecting Care Act, 2019 with respect to a patient bill of rights Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 Subsection 1 (1) of the Connecting Care Act, 2019 is amended by adding the following definition: “essenti...”
Sections148
- [s0]Preamble
The people of Ontario and their government, Believe that their health care system should be centred around people, patients, their families, and their caregivers; Believe that public funding should be directed to frontline services to continuously improve patient experience, constantly promote better value, ensure best outcomes for every dollar spent, and improve the overall physical health, mental health and well-being of Ontarians; Are committed to a sustainable, digitally-enabled, publicly funded health care system built to last; Are establishing a new model of integrated public health care delivery which will put each patient at the centre of a connected care system anchored in the community, and where possible, at home, all across Ontario and respecting regional differences; Will empower providers to work directly with one another to offer the highest quality, co-ordinated care, pro…
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PART I Interpretation and OTHER
- 1Interpretation
1 (1) In this Act, “accountability agreement” means the accountability agreement that the Minister and the Agency are required to enter into under subsection 19 (1); (“entente de responsabilisation”) “Agency” means the corporation continued by section 3; (“Agence”) “Appeal Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission d’appel”) “client provider” means a health service provider or an Ontario Health Team that is funded by the Agency under section 21 to provide home and community care services to the provider’s or Team’s patients and to which the Service Organization provides operational supports; (“client-fournisseur”) “compliance order” means an order made under section 43.5; (“arrêté de conformité”) “de-identify” has the same meaning as in section 2 of the Personal Health Informati…
- 2Delegation
2 (1) The Minister may, in writing, delegate any of the Minister’s powers or duties under this Act or any other Act for which the Minister is responsible, other than the power to make regulations, to the Agency, and may make such a delegation subject to any conditions that the Minister considers appropriate. Deeming (2) Where the Minister has made a delegation under subsection (1), a reference in an Act or the regulations to the Minister is deemed, with respect to the power or duty that has been delegated, to be a reference to the Agency.
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PART II The Agency
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Continuation and Application
- 3Agency
3 (1) The corporation that was incorporated under the Corporations Act under the name Health Program Initiatives in English and Initiatives pour les programmes de santé in French on January 18, 2019 is continued as a corporation without share capital under the name Ontario Health in English and Santé Ontario in French. Extinguishment of letters patent (2) The letters patent issued to constitute the corporation continued under subsection (1) are extinguished.
- 4Crown Agency
4 The Agency is an agent of the Crown and may exercise its powers only as an agent of the Crown. Application of other Acts
- 5Not-for-Profit Corporations Act, 2010 and Corporations Information Act
5 (1) Subject to section 14, the Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Agency, except as prescribed. 2019, c. 5, Sched. 1, s. 5 (1); 2019, c. 5, Sched. 1, s. 49 (3); 2023, c. 19, s. 2. Charities Accounting Act (2) The Charities Accounting Act does not apply to the Agency, except in respect of property held in trust for specified charitable purposes. 2019, c. 5, Sched. 1, s. 5 (2). No charitable property (3) The property of the Agency is not charitable property. 2019, c. 5, Sched. 1, s. 5 (3). Non-application of single employer rule (4) Subsection 1 (4) of the Labour Relations Act, 1995 does not apply to the Agency. 2019, c. 5, Sched. 1, s. 5 (4). Section Amendments with date in force (d/m/y) 2019, c. 5, Sched. 1, s. 49 (3) - 15/11/2021 2023, c. 19, s. 2 - 28/06/2024
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Objects and General Powers
- 6Objects of the Agency.
6 The objects of the Agency are, (a) to implement the health system strategies developed by the Ministry; (b) to manage health service needs across Ontario consistent with the Ministry’s health system strategies to ensure the quality and sustainability of the Ontario health system through, (i) health system operational management and co-ordination, (ii) health system performance measurement and management, evaluation, monitoring and reporting, (iii) health system quality improvement, (iv) clinical and quality standards development for patient care and safety, (v) knowledge dissemination, (vi) patient engagement and patient relations, (vii) digital health, information technology and data management services, and (viii) support of health care practitioner recruitment and retention; (b.0.1) to provide oversight of the Service Organization in a manner consistent with the health system strate…
- 7General powers
7 (1) Except as limited by this Act and by section 11.0.1 of the Ministry of Infrastructure Act, 2011, the Agency has the capacity, rights and powers of a natural person for carrying out its objects. 2024, c. 7, s. 3. Assets and revenue (1.1) Despite Part I of the Financial Administration Act, the following assets and revenues of the Agency do not form part of the Consolidated Revenue Fund: 1. Funding that the Agency receives from the Crown in right of Ontario, except for any funding that is specified in the accountability agreement by the Minister as forming part of the Consolidated Revenue Fund. 2. Any revenue generated, or money or assets received, from a person or entity other than the Crown in right of Ontario in compliance with the Agency’s power in paragraph 6 of subsection (3). 3. Any other prescribed assets or revenues. 2025, c. 15, Sched. 2, s. 1 (1). Use of revenue (2) The Age…
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Board of Directors, Chief Executive Officer and Employees
- 8Board of Directors
8 (1) The Agency shall consist of not more than 15 members appointed by the Lieutenant Governor in Council who shall form the board of directors of the Agency. 2019, c. 5, Sched. 1, s. 8 (1). Eligibility (1.1) A director, officer or employee of the Service Organization is not eligible to be appointed to, or to remain a member of, the Agency’s board of directors. 2023, c. 19, s. 5. Term (2) Subject to subsection (3), the following provisions apply respecting the term of members of the board of directors of the Agency: 1. Each member shall hold office for a term of up to three years at the pleasure of the Lieutenant Governor in Council and may be reappointed for any number of terms of up to three years. 2. Despite paragraph 1, no person may be a member for more than six years in total. 3. Despite paragraph 2, a member who is designated as chair under subsection (6) after serving at least t…
- 9Board meetings
9 (1) The board of directors of the Agency shall meet regularly throughout the year and in any event shall hold at least four meetings in each calendar year. Quorum (2) A majority of the board of directors constitutes a quorum for the conduct of the business of the board.
- 10Chief executive officer
10 (1) The Agency shall appoint and employ a chief executive officer. 2019, c. 5, Sched. 1, s. 10 (1). Role (2) The chief executive officer is responsible for the management and administration of the affairs of the Agency, subject to the supervision and direction of its board of directors. 2019, c. 5, Sched. 1, s. 10 (2). Restriction (3) The chief executive officer shall not be a member of the board of directors of the Agency or the Service Organization and shall not be an officer of the Service Organization. 2023, c. 19, s. 6. Transition (4) A chief executive officer who held office in the corporation that was incorporated under the Corporations Act under the name Health Program Initiatives in English and Initiatives pour les programmes de santé in French immediately before the coming into force of this section continues to hold that office in the Agency until their position otherwise e…
- 11Other employees
11 (1) The chief executive officer may appoint such employees as are considered necessary for the proper conduct of the affairs of the Agency. Same (2) Any employees who were employed by the corporation that was incorporated under the Corporations Act under the name Health Program Initiatives in English and Initiatives pour les programmes de santé in French immediately before the coming into force of this section continue to be employees of the Agency until their employment otherwise ends.
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Affairs of the Agency
- 12Affairs of Agency
12 (1) Subject to this Act, the board of directors of the Agency shall manage or supervise the management of the activities and affairs of the corporation. Delegation (2) Subject to subsection (3), the board of directors may delegate any of its powers or duties under this Act or any other Act to such employees of the Agency as the board considers appropriate and may impose conditions and restrictions with respect to the delegation. Restrictions (3) The board shall not delegate, (a) the power to appoint investigators under section 26; or (b) any other power or duty that may be prescribed.
- 13By-laws and resolutions
13 (1) Subject to subsections (4) and (5), the board of directors may make by-laws and pass resolutions regulating its proceedings and generally for the conduct and management of the affairs of the Agency, including establishing committees. Officers (2) Without limiting the generality of subsection (1), the board of directors may make by-laws or pass resolutions to appoint officers and assign to them such powers and duties as the board considers appropriate. Committees (3) The board of directors of the Agency shall, (a) establish, by by-law, the committees of the board that the Minister, by regulation, specifies; (b) appoint as members of those committees the persons who meet the qualifications, if any, that the Minister specifies in the regulation; and (c) ensure that those committees operate in accordance with the other requirements, if any, that the Minister specifies in the regulatio…
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Liability, Indemnification and Judgments
- 14Duty of care and indemnification
14 (1) Subject to subsection (2), subsection 43 (1) and section 46 of the Not-for-Profit Corporations Act, 2010 apply, with necessary modifications, to the Agency, its board of directors and its officers. 2023, c. 19, s. 7. Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 14 (1) of the Act is amended by striking out “Subject to subsection (2)” at the beginning. (See: 2026, c. 2, Sched. 5, s. 7 (1)) Approval of indemnity (2) The Agency shall not give an indemnity under section 46 of the Not-for-Profit Corporations Act, 2010 to any person unless the indemnity has been approved in accordance with section 28 of the Financial Administration Act. 2023, c. 19, s. 7. Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 14 (2) of the Act is repealed. (See: 2026, c. 2, Sched. 5, s. 7 (2)) Section Amendments with date in force (d…
- 14 #22Duty of care and indemnification
- 15Unpaid judgments against the Agency
15 The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against the Agency that remains unpaid after the Agency has made all reasonable efforts, including liquidating its assets, to pay the amount of the judgment.
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Fiscal year and Audits
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- 16Fiscal year
16 The fiscal year of the Agency commences on April 1 in each year and ends on March 31 of the following year.
- 17Audit
17 (1) The accounts and financial transactions of the Agency shall be audited annually by the Auditor General. Other audits (2) In addition to the requirement for an annual audit, (a) the Minister may, at any time, review or audit any aspect of the operations of the Agency; and (b) the Auditor General may, at any time, audit any aspect of the operations of the Agency.
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PART iii Funding and Accountability
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- 18Funding of Agency
18 (1) The Minister may provide funding to the Agency on the terms and conditions that the Minister considers appropriate. Savings (2) When determining the funding to be provided to the Agency under subsection (1) for a fiscal year, the Minister shall consider whether to adjust the funding to take into account a portion of any savings from efficiencies that the Agency generated in the previous fiscal year and that the Agency proposes to spend on patient care in subsequent fiscal years in accordance with the accountability agreement.
- 19Accountability of Agency
19 (1) The Minister and the Agency shall enter into an accountability agreement. 2019, c. 5, Sched. 1, s. 19 (1). Accountability agreement (2) The accountability agreement shall be for more than one fiscal year and shall include, (a) performance goals and objectives for the Agency; (b) performance standards, targets and measures for the Agency; (c) requirements for the Agency to report on the performance of the Agency; (d) a plan for spending the funding that the Agency receives under section 18, which spending shall be in accordance with the appropriation from which the Minister has provided the funding to the Agency; (e) a progressive performance management process for the Agency; (f) subject to the regulations, a specification by the Minister of any funding that the Agency receives from the Crown in right of Ontario that is to form part of the Consolidated Revenue Fund; and (g) all ot…
- 20Directives by Minister
20 (1) Where the Minister considers it to be in the public interest to do so, the Minister may issue directives to any or all of the following: 1. The Agency. 2. A person or entity that receives funding from the Agency under section 21. Restriction (2) The Minister shall not issue a directive under subsection (1) that unjustifiably as determined under section 1 of the Canadian Charter of Rights and Freedoms requires a religious organization to provide a service that is contrary to the religion related to the organization. Binding (3) The Agency or person or entity shall comply with every directive of the Minister. General or particular (4) A directive of the Minister may be general or particular in its application. Non-application of Legislation Act, 2006 (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to directives of the Minister. Public availability (6) The Mini…
- 21Funding
21 (1) The Agency may provide funding to a health service provider or Ontario Health Team in respect of health services that the provider or Team provides. 2019, c. 5, Sched. 1, s. 21 (1); 2020, c. 13, Sched. 1, s. 2 (1, 2, 4, 14). Home and community care services (1.1) The Agency may provide funding to a health service provider or Ontario Health Team for the purpose of the provider or Team providing funding to or on behalf of an individual to purchase home and community care services. 2020, c. 13, Sched. 1, s. 3. Non-health services (2) The Agency may provide funding to a health service provider, Ontario Health Team or other person or entity in respect of non-health services that support the provision of health care. 2019, c. 5, Sched. 1, s. 21 (2); 2020, c. 13, Sched. 1, s. 2 (1, 4). Terms and conditions (3) The funding that the Agency provides under this section shall be on the terms …
- 22Service accountability agreement
22 (1) Where the Agency proposes under section 21 to provide funding to a delivery organization, the Agency and the delivery organization shall enter into a service accountability agreement. 2019, c. 5, Sched. 1, s. 22 (1). Notification required (2) The Agency shall notify a delivery organization that it intends to enter into a service accountability agreement with the delivery organization. 2019, c. 5, Sched. 1, s. 22 (2). Negotiation (3) After being notified under subsection (2), the parties shall seek to negotiate the terms and conditions of the service accountability agreement. 2019, c. 5, Sched. 1, s. 22 (3). Where agreement cannot be negotiated (4) If the parties have not negotiated a service accountability agreement within 90 days of the notice under subsection (2), then, if the Agency considers it in the public interest to do so, the Agency may deliver a notice of offer to the de…
- 23No restriction on patient mobility
23 (1) None of the following shall enter into any agreement or other arrangement that restricts or prevents an individual from receiving services based on the geographic area in Ontario in which the individual resides: 1. The Agency. 2. A health service provider. 3. An Ontario Health Team. 4. Any other person or entity that receives funding under section 21. 2019, c. 5, Sched. 1, s. 23 (1); 2020, c. 13, Sched. 1, s. 2 (1, 4). Geographic restrictions for home and community care services (2) For greater certainty, subsection (1) applies to a service accountability agreement in respect of funding provided by the Agency for the delivery of services by a health service provider, an Ontario Health Team or other person or entity under section 22, but it does not apply to any agreement entered into under section 21 with respect to home and community care services that requires a health service p…
- 23.1Charges for home and community care services
23.1 (1) If a health service provider or Ontario Health Team provides a home and community care service to an individual, the provider or Team shall not require payment from the individual for the service and shall not accept a payment made by or on behalf of the individual for the service, except as provided for in the regulations. 2020, c. 13, Sched. 1, s. 5. Same (2) If a health service provider or Ontario Health Team purchases a home and community care service from a person or entity, the person or entity shall not require or accept payment for the service from anyone other than the health service provider or Ontario Health Team. 2020, c. 13, Sched. 1, s. 5. Exception (3) Despite subsection (2), the person or entity may collect payments on behalf of the health service provider or Ontario Health Team if it does so in accordance with the regulations made for the purposes of subsection …
- 24Audits, reviews, etc.
24 The Agency may at any time direct that any person or entity that receives funding from the Agency under section 21, (a) engage or permit one or more auditors licensed under the Public Accounting Act, 2004 to audit the accounts and financial transactions of the person or entity; or (b) engage in or permit an operational review or peer review of the activities of the person or entity.
- 25Information and reports
25 (1) The Agency may require that any person or entity to which the Agency provides funding or proposes to provide funding under section 21 provide to the Agency the plans, reports, financial statements, including audited financial statements, and other information, other than personal health information, that the Agency requires for the purposes of exercising its powers and duties under this Act or for the purposes that are prescribed. Form of reports (2) A person or entity that is required to provide plans, reports, financial statements or information under subsection (1) shall provide them within the time and in the form that the Agency specifies. Disclosure of information (3) The Agency may disclose information that it collects under this Act, other than personal health information, to the Minister, if the Minister requires the information for the purposes of exercising powers and d…
- 26Investigators
26 (1) The Agency may, where the Agency considers it in the public interest to do so, appoint one or more investigators to investigate and report on, (a) the quality of the management of a health service provider or Ontario Health Team; (b) the quality of the care and treatment of persons by a health service provider or an Ontario Health Team; or (c) any other matter relating to a health service provider or Ontario Health Team. 2019, c. 5, Sched. 1, s. 26 (1); 2020, c. 13, Sched. 1, s. 2 (1, 4). Application (2) Subject to subsections (3) and (4), subsection (1) applies to health service providers and Ontario Health Teams that receive funding from the Agency under section 21. 2019, c. 5, Sched. 1, s. 26 (2); 2020, c. 13, Sched. 1, s. 2 (1, 6). Exclusion, long-term care homes (3) Subsection (1) does not apply to a licensee within the meaning of the Fixing Long-Term Care Act, 2021, and wher…
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- 26.1Warrant
26.1 (1) A justice of the peace may issue a warrant authorizing an investigator named in the warrant to enter premises specified in the warrant and to exercise any of the powers mentioned in clause 26 (6) (c) and subsection 26 (9), if the justice of the peace is satisfied on information under oath or affirmation that the investigator has been prevented from entering premises under section 26 (7.1). 2020, c. 13, Sched. 1, s. 7. Expiry of warrant (2) A warrant issued under this section shall name a date on which it expires, which shall not be later than 30 days after the warrant is issued. 2020, c. 13, Sched. 1, s. 7. Extension of time (3) A justice of the peace may extend the date on which a warrant issued under this section expires for an additional period of no more than 30 days, upon application without notice by the investigator named in the warrant. 2020, c. 13, Sched. 1, s. 7. Use o…
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- 27Supervisor
27 (1) The Minister may appoint a person as a supervisor of a health service provider or an Ontario Health Team where the Minister considers it in the public interest to do so. 2019, c. 5, Sched. 1, s. 27 (1); 2020, c. 13, Sched. 1, s. 2 (1, 4). Application (2) Subject to subsections (3) and (4), subsection (1) applies to health service providers and Ontario Health Teams that receive funding from the Agency under section 21. 2019, c. 5, Sched. 1, s. 27 (2); 2020, c. 13, Sched. 1, s. 2 (1, 6). Exclusion, long-term care homes (3) Subsection (1) does not apply to a licensee within the meaning of the Fixing Long-Term Care Act, 2021, and where a licensee within the meaning of that Act is among the persons or entities comprising an Ontario Health Team, this section only applies to the services and operations of the Team that are not governed under that Act. 2019, c. 5, Sched. 1, s. 27 (3); 202…
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PART III.1 THE SERVICE ORGANIZATION
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Definition
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- 27.1Definition
27.1 In this Part, “predecessor corporations” means the following corporations: 1. Central East Local Health Integration Network. 2. Central Local Health Integration Network. 3. Central West Local Health Integration Network. 4. Champlain Local Health Integration Network. 5. Erie St. Clair Local Health Integration Network. 6. Hamilton Niagara Haldimand Brant Local Health Integration Network. 7. Mississauga Halton Local Health Integration Network. 8. North East Local Health Integration Network. 9. North Simcoe Muskoka Local Health Integration Network. 10. North West Local Health Integration Network. 11. South East Local Health Integration Network. 12. South West Local Health Integration Network. 13. Toronto Central Local Health Integration Network. 14. Waterloo Wellington Local Health Integration Network. 2023, c. 19, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 9 - …
- [s42]
Amalgamation and Application
- [s43]
- 27.2Amalgamation
27.2 (1) The predecessor corporations are amalgamated and continued as a corporation without share capital under the name of Ontario Health atHome in English and Santé à domicile Ontario in French. 2023, c. 19, s. 9. Rules (2) The following rules apply to the amalgamation: 1. All rights, obligations, assets and liabilities of the predecessor corporations that existed immediately before the amalgamation become the rights, obligations, assets and liabilities of the Service Organization, and the Service Organization shall stand in the place of the predecessor corporations for all purposes. 2. The predecessor corporations cease to exist upon being amalgamated into the Service Organization. 3. A conviction against, or ruling, order or judgment in favour of or against one of the predecessor corporations may be enforced by or against the Service Organization. 4. The Service Organization shall b…
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- 27.3Subsidiary of the Agency
27.3 The Service Organization is a subsidiary of the Agency. 2023, c. 19, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 9 - 28/06/2024
- 27.4Crown Agency
27.4 The Service Organization is an agent of the Crown for all purposes unless the regulations provide otherwise. 2023, c. 19, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 9 - 28/06/2024 Application of other Acts
- 27.5Not-for-Profit Corporations Act, 2010 and Corporations Information Act
27.5 (1) Subject to section 27.17, the Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Service Organization, except as prescribed. 2023, c. 19, s. 9. Charities Accounting Act (2) The Charities Accounting Act does not apply to the Service Organization, the members of its board of directors or to its officers, employees or agents. 2023, c. 19, s. 9. No charitable property (3) The property of the Service Organization is not charitable property. 2023, c. 19, s. 9. Non-application of single employer rule (4) Subsection 1 (4) of the Labour Relations Act, 1995 does not apply to the Service Organization. 2023, c. 19, s. 9. French Language Services Act (5) The French Language Services Act applies to the Service Organization as though it were a government agency under that Act. 2025, c. 7, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) …
- [s47]
Objects and General Powers
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- 27.6Objects
27.6 The following are the objects of the Service Organization: 1. Providing home and community care services to patients of the Service Organization. 2. Providing the following operational supports to client providers to enable them to deliver home and community care services to their patients: i. Care co-ordination services. ii. The assignment of employees of the Service Organization to work under the direction of a client provider to deliver care co-ordination services. iii. Any of the following shared services: A. Administrative or business support services that facilitate the management of service contracts with providers of home and community care services. B. Enablement and support of patient care technology platforms. C. Any other shared services that may be prescribed. iv. Any other operational supports that may be prescribed. 3. Providing information to the public about, and re…
- 27.7Rules re: assignment of employees to provide care co-ordination services
27.7 If the Service Organization enters into a service contract with a client provider which provides for the assignment of one or more Service Organization employees to work under the direction of the client provider to deliver care co-ordination services to the provider’s patients, the assigned employee remains an employee of the Service Organization and there is no termination of employment or change in the employment relationship between the employee and the Service Organization. 2023, c. 19, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 9 - 28/06/2024
- 27.8General powers
27.8 (1) Except as limited by this Act and by section 11.0.1 of the Ministry of Infrastructure Act, 2011, the Service Organization has the capacity, rights and powers of a natural person for carrying out its objects. 2024, c. 7, s. 11 (3). Assets and revenue (1.1) Despite Part I of the Financial Administration Act, the assets and revenue of the Service Organization do not form part of the Consolidated Revenue Fund. 2025, c. 15, Sched. 2, s. 3 (1). Use of revenue (2) The Service Organization shall carry out its operations without the purpose of gain and shall not use its revenue, including all money or assets it receives by grant, contribution or otherwise, for any purpose other than to further its objects. 2023, c. 19, s. 9. Cabinet approval (3) The Service Organization shall not exercise the following powers without the approval of the Lieutenant Governor in Council: 1. Acquiring, dispo…
- [s51]
Board of Directors, Chief Executive Officer and Employees
- [s52]
- 27.9Board of directors
27.9 (1) The Service Organization shall have a board of directors consisting of the members appointed in accordance with this section. 2023, c. 19, s. 9. Appointment (2) The board shall consist of, (a) no more than six members appointed by the Minister; and (b) no more than three members appointed by the Minister on the recommendation of the Agency. 2023, c. 19, s. 9. Eligibility (3) A director, officer or employee of the Agency is not eligible to be appointed to, or to remain a member of, the Service Organization’s board of directors. 2023, c. 19, s. 9. Term (4) The term of the members of the board of directors shall be provided for in the regulations. 2023, c. 19, s. 9. Expenses (5) The members of the board of directors shall receive the remuneration and reimbursement for reasonable expenses that the Lieutenant Governor in Council determines. 2023, c. 19, s. 9. Chair and vice-chairs (6…
- 27.10Board meetings
27.10 (1) The board of directors of the Service Organization shall meet regularly throughout the year and in any event shall hold at least four meetings in each calendar year. 2023, c. 19, s. 9. Quorum (2) A majority of the board of directors constitutes a quorum for the conduct of the business of the board, but only if the number of members at the meeting who were appointed by the Minister on the recommendation of the Agency is equal to or less than the number of members at the meeting who were appointed by the Minister without the Agency’s recommendation. 2023, c. 19, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 9 - 28/06/2024
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- 27.11Chief executive officer
27.11 (1) The Service Organization shall appoint and employ a chief executive officer. 2023, c. 19, s. 9. Role (2) The chief executive officer is responsible for the management and administration of the affairs of the Service Organization, subject to the supervision and direction of its board of directors. 2023, c. 19, s. 9. Restriction (3) The chief executive officer shall not be a member of the board of directors of the Agency or the Service Organization and shall not be an officer of the Agency. 2023, c. 19, s. 9. Remuneration (4) The Minister may fix ranges for the salary or other remuneration and benefits of a chief executive officer and the Service Organization shall provide a salary or other remuneration and benefits to its chief executive officer within the ranges, if any, that the Minister fixes. 2023, c. 19, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 9 …
- 27.12Other employees
27.12 The chief executive officer may appoint such employees as are considered necessary for the proper conduct of the affairs of the Service Organization. 2023, c. 19, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 9 - 28/06/2024
- [s56]
Affairs of the Service Organization
- [s57]
- 27.13Affairs of the Service Organization
27.13 (1) Subject to this Act, the board of directors of the Service Organization shall manage or supervise the management of the activities and affairs of the Service Organization. 2023, c. 19, s. 9. Delegation (2) Subject to subsection (3), the board of directors may delegate any of its powers or duties under this Act or any other Act to such employees of the Service Organization as the board considers appropriate and may impose conditions and restrictions with respect to the delegation. 2023, c. 19, s. 9. Restrictions (3) The board shall not delegate any power or duty that may be prescribed. 2023, c. 19, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 9 - 28/06/2024
- [s58]
- 27.14By-laws and resolutions
27.14 (1) Subject to subsections (4) and (5), the board of directors may make by-laws and pass resolutions regulating its proceedings and generally for the conduct and management of the affairs of the Service Organization, including establishing committees. 2023, c. 19, s. 9. Officers (2) Without limiting the generality of subsection (1), the board of directors may make by-laws or pass resolutions to appoint officers and assign to them such powers and duties as the board considers appropriate. 2023, c. 19, s. 9. Committees (3) The board of directors of the Service Organization shall, (a) establish, by by-law, the committees of the board that the Agency specifies; (b) appoint as members of those committees the persons who meet the qualifications, if any, that the Agency specifies; and (c) ensure that those committees operate in accordance with the other requirements, if any, that the Agen…
- 27.15Directives by Agency
27.15 (1) The Agency may issue directives to the Service Organization. 2023, c. 19, s. 9. Binding (2) The Service Organization shall comply with every directive issued by the Agency. 2023, c. 19, s. 9. General or particular (3) A directive of the Agency may be general or particular in its application. 2023, c. 19, s. 9. Non-application of Legislation Act, 2006 (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to directives issued under this section. 2023, c. 19, s. 9. Public availability (5) The Agency shall publish every directive under this section on a website. 2023, c. 19, s. 9. Law prevails (6) For greater certainty, in the event of a conflict between a directive issued under this section and a provision of any applicable Act or rule of any applicable law, the Act or rule prevails. 2023, c. 19, s. 9. Minister’s directives prevail (7) In the event of a conflict b…
- [s60]
- 27.16Service contract information
27.16 (1) The Agency may require the Service Organization to disclose to the Agency information relating to service contracts between the Service Organization and its providers of home and community care services, including confidential pricing and volume information. 2023, c. 19, s. 9. Restriction (2) The Agency shall not require the Service Organization to disclose information under subsection (1) unless the Agency requires the information to carry out its objects. 2023, c. 19, s. 9. Compliance (3) The Service Organization shall comply with a requirement issued by the Agency under subsection (1) within the time and in the form that the Agency specifies. 2023, c. 19, s. 9. Minister’s direction (4) The Minister may direct the Agency to disclose information that it collects under this section to the Minister if the Minister requires the information for the purposes of exercising powers an…
- [s61]
Liability, Indemnification and Judgments
- [s62]
- 27.17Duty of care and indemnification
27.17 (1) Subject to subsection (2), subsection 43 (1) and section 46 of the Not-for-Profit Corporations Act, 2010 apply, with necessary modifications, to the Service Organization, its board of directors and its officers. 2023, c. 19, s. 9. Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 27.17 (1) of the Act is amended by striking out “Subject to subsection (2)” at the beginning. (See: 2026, c. 2, Sched. 5, s. 7 (3)) Approval of indemnity (2) The Service Organization shall not give an indemnity under section 46 of the Not-for-Profit Corporations Act, 2010 to any person unless the indemnity has been approved in accordance with section 28 of the Financial Administration Act. 2023, c. 19, s. 9. Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 27.17 (2) of the Act is repealed. (See: 2026, c. 2, Sched. 5, s. 7 (4)) Sec…
- [s63]
- 27.18No personal liability
27.18 (1) No cause of action arises against any current or former director, officer, employee, volunteer or adviser of the Service Organization for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. 2023, c. 19, s. 9. Crown, Agency liability for acts or omissions of Service Organization (2) No cause of action arises against any person referred to in subsection 46 (1), including the Crown or the Agency, for an act or omission of the Service Organization or any current or former director, officer, employee, volunteer or adviser of the Service Organization. 2023, c. 19, s. 9. Employment, etc. with Service Organization (3) If an individual referred to in …
- 27.19Proceedings barred
27.19 (1) No proceeding shall be commenced, (a) against any person specified in subsection 27.18 (1) in respect of a matter referred to in that subsection; (b) against any person specified in subsection 27.18 (2) in respect of a matter referred to in that subsection; or (c) against any person specified in subsection 27.18 (5) in respect of a matter referred to in that subsection. 2023, c. 19, s. 9. Same (2) Subsection (1) does not apply with respect to an application for judicial review or any proceeding that is specifically provided for under this Act, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a…
- 27.20No compensation
27.20 Except as may be provided under this Act, no person is entitled to any compensation for any loss or damages, including loss of revenues or loss of profit, arising from the enactment, amendment, repeal or application of any provision of sections 27.2, 27.18 or 27.19 or the making, amendment, revocation or application any provision of a regulation made under subsection 27.2 (3). 2023, c. 19, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 9 - 28/06/2024
- 27.21Unpaid judgments against the Service Organization
27.21 The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against the Service Organization that remains unpaid after the Service Organization has made all reasonable efforts, including liquidating its assets, to pay the amount of the judgment. 2023, c. 19, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 9 - 28/06/2024
- [s67]
Fiscal Year and Audits
- [s68]
- 27.22Fiscal year
27.22 The fiscal year of the Service Organization commences on April 1 in each year and ends on March 31 of the following year. 2023, c. 19, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 9 - 28/06/2024
- 27.23Audit
27.23 (1) The accounts and financial transactions of the Service Organization shall be audited annually by the Auditor General. 2023, c. 19, s. 9. Other audits (2) In addition to the requirement for an annual audit, (a) the Minister may, at any time, review or audit any aspect of the operations of the Service Organization; and (b) the Auditor General may, at any time, audit any aspect of the operations of the Service Organization. 2023, c. 19, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 9 - 28/06/2024
- [s70]
PART iV Integration
- [s71]
Definitions
- [s72]
- 28Definitions
28 In this Part, “facilitation decision” means a decision of the Agency under section 32; (“décision de facilitation”) “integration decision” means, (a) a facilitation decision, (b) an integration order by the Minister under section 33, or (c) a decision by the Minister under subsection 35 (8) that orders a health service provider or Ontario Health Team not to proceed with the integration described in the decision. (“décision d’intégration”) 2019, c. 5, Sched. 1, s. 28; 2020, c. 13, Sched. 1, s. 2 (1, 4). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 4) - 08/07/2020
- [s73]
Ontario Health Teams
- [s74]
- 29Ontario Health Team
29 (1) The Minister may, subject to any terms and conditions that the Minister determines, designate as an Ontario Health Team a person or entity, or a group of persons or entities, that has the ability to deliver, in an integrated and co-ordinated manner, at least three of the following types of services, or such higher number of types of services as may be prescribed: 1. Hospital services. 2. Primary care services. 3. Mental health or addictions services. 4. Home and community care services. 5. Long-term care home services. 6. Palliative care services. 7. Any other prescribed health care service or non-health service that supports the provision of health care services. 2023, c. 19, s. 10. Restriction (2) The Minister shall not make a designation under subsection (1) unless any additional requirements that may be prescribed have been met. 2023, c. 19, s. 10. Terms or conditions (2.1) An…
- [s75]
Integration
- [s76]
- 30Identifying integration opportunities
30 The Agency and each health service provider and Ontario Health Team shall separately and in conjunction with each other identify opportunities to integrate the services of the health system to provide appropriate, co-ordinated, effective and efficient services. 2019, c. 5, Sched. 1, s. 30; 2020, c. 13, Sched. 1, s. 2 (1, 10). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 10) - 08/07/2020
- [s77]
- 31Integration by Agency
31 The Agency may integrate the health system by, (a) providing or changing funding to a health service provider or Ontario Health Team under section 21; or (b) facilitating and negotiating, (i) the integration of persons or entities where at least one of the persons or entities is a health service provider or Ontario Health Team, or (ii) the integration of services between health service providers or Ontario Health Teams or between a provider or a Team and a person or entity that is not a provider or a Team, but which supports the provision of health care. 2019, c. 5, Sched. 1, s. 31; 2020, c. 13, Sched. 1, s. 2 (1, 2, 4, 6, 11). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 2, 4, 6, 11) - 08/07/2020
- 32Facilitation decision
32 The Agency shall issue a facilitation decision when, (a) the Agency facilitates or negotiates, (i) the integration of persons or entities where at least one of the persons or entities is a health service provider or an Ontario Health Team, or (ii) the integration of services between health service providers or Ontario Health Teams or between a health service provider or Ontario Health Team and a person or entity that is neither a health service provider nor an Ontario Health Team but which supports the provision of health care; and (b) the parties reach an agreement with respect to the integration. 2019, c. 5, Sched. 1, s. 32; 2020, c. 13, Sched. 1, s. 2 (1, 4, 6, 11). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 4, 6, 11) - 08/07/2020
- 33Required integration
33 (1) The Minister may, if the Minister considers it in the public interest to do so and subject to the other provisions of this section, order one or more health service providers or Ontario Health Teams that receive funding from the Agency to do anything to integrate the health system on or after the date set out in the order, including any or all of the following: 1. To provide all or part of a service or to cease to provide all or part of a service. 2. To provide a service to a certain level, quantity or extent. 3. To transfer all or part of a service from one location to another. 4. To transfer all or part of a service to or to receive all or part of a service from another person or entity. 5. To cease operating, to dissolve or to wind up its operations. 6. To amalgamate with one or more persons or entities that receive funding from the Agency under section 21. 7. To co-ordinate se…
- 34Prohibition
34 (1) No integration decision shall permit a transfer of services that results in a requirement for an individual to pay for those services, except as otherwise permitted by law. Form of decision (2) An integration decision shall set out, (a) the purpose and nature of the integration or proposed integration; (b) the parties to the decision; (c) the actions that the parties to the decision are required to take or not to take, including any time period for doing so; (d) a requirement that the parties to the decision develop a human resources adjustment plan in respect of the integration; (e) the effective date of all transfers of services involved in the integration, if any; and (f) any other matter that the Agency or the Minister, as the case may be, considers relevant. Notice of decision (3) On issuing an integration decision, the Agency or the Minister, as the case may be, shall give t…
- [s81]
- 35Integration by providers and systems
35 (1) A health service provider or Ontario Health Team may integrate its services with those of another person or entity. 2019, c. 5, Sched. 1, s. 35 (1); 2020, c. 13, Sched. 1, s. 2 (1, 4). Application of other Act (2) Nothing in this Act shall be interpreted as preventing the application of the Public Sector Labour Relations Transition Act, 1997, in accordance with the terms of that Act, to an integration mentioned in subsection (1). 2019, c. 5, Sched. 1, s. 35 (2). Notice (3) If the integration mentioned in subsection (1) relates to services that are funded, in whole or in part, by the Agency, the health service provider or Ontario Health Team, (a) shall give notice of the proposed integration to the Minister, unless the regulations provide otherwise; (b) may proceed with the proposed integration if the provider or Team is not required to give the notice mentioned in clause (a); (c) …
- [s82]
- 36Compliance
36 (1) A person or entity that is a party to an integration decision shall comply with it. 2019, c. 5, Sched. 1, s. 36 (1). Corporate powers (2) Despite any Act, regulation or other instrument related to the corporate governance of a corporation that is subject to an integration decision, including the Business Corporations Act, the Not-for-Profit Corporations Act, 2010, any articles of incorporation, any letters patent, any supplementary letters patent or any by-laws, the corporation shall be deemed to have the necessary powers to comply with the decision, and for greater certainty, a corporation shall comply with an integration decision despite any requirement for any meeting or approval of any member, shareholder or director of a corporation under any Act, regulation, or other instrument related to the corporate governance of the corporation. 2019, c. 5, Sched. 1, s. 36 (2); 2019, c. …
- 37Transfer of property held for charitable purpose
37 (1) If an integration decision directs a health service provider or Ontario Health Team to transfer to a transferee property that it holds for a charitable purpose, all gifts, trusts, bequests, devises and grants of property that form part of the property being transferred shall be deemed to be gifts, trusts, bequests, devises and grants of property to the transferee. 2019, c. 5, Sched. 1, s. 37 (1); 2020, c. 13, Sched. 1, s. 2 (1, 4, 21). Specified purpose (2) If a will, deed or other document by which a gift, trust, bequest, devise or grant mentioned in subsection (1) is made indicates that the property being transferred is to be used for a specified purpose, the transferee shall use it for the specified purpose. 2019, c. 5, Sched. 1, s. 37 (2). Application (3) Subsections (1) and (2) apply whether the will, deed or document by which the gift, trust, bequest, devise or grant is made…
- 38Repealed
38 Repealed: 2019, c. 7, Sched. 53, s. 9 (3). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 53, s. 9 (3) - 29/05/2019
- [s85]
PART V Transfers
- [s86]
- 39Definitions
39 In this Part, “transfer” means a transfer pursuant to an order under subsection 40 (1); (“transfert”) “transfer recipient” means the Agency, the Service Organization, health service provider or Ontario Health Team to which assets, liabilities, rights, obligations or employees are being transferred pursuant to an order under subsection 40 (1); (“destinataire du transfert”) “transferor” means an organization from which assets, liabilities, rights, obligations or employees are being transferred pursuant to an order under subsection 40 (1). (“auteur du transfert”) 2019, c. 5, Sched. 1, s. 39; 2020, c. 13, Sched. 1, s. 2 (1, 8); 2023, c. 19, s. 11. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 8) - 08/07/2020 2023, c. 19, s. 11 - 28/06/2024
- 40Transfer order
40 (1) Despite anything in any other Act, but subject to subsection (3), the processes and requirements set out in this Part and any regulations made under this Part, the Minister may make an order, (a) transferring all or part of the assets, liabilities, rights and obligations, including, for greater certainty, any rights or obligations under a funding agreement or accountability agreement of an organization listed in subsection (2), to the Agency, the Service Organization, a health service provider or an Ontario Health Team; and (b) transferring all or some of the employees of an organization listed in subsection (2) to the Agency, the Service Organization, a health service provider or an Ontario Health Team. 2023, c. 19, s. 12 (1). Organizations (2) The following are the organizations for the purposes of subsection (1): 0.1 The Agency. 0.2 The Service Organization. 1. Cancer Care Onta…
- 41Assumption of rights, obligations, etc.
41 (1) If the Minister makes an order under section 40, (a) the transfer recipient assumes the operations, activities and affairs of the transferor, as of the date of the transfer; and (b) the assets, liabilities, rights and obligations of the transferor that are provided for in the order, including contractual rights, interests, approvals, registrations and entitlements, that exist immediately before the transfer date continue as the assets, liabilities, rights and obligations of the transfer recipient and are transferred to the transfer recipient. Convictions, rulings etc. (2) Where a transfer involves transferring the assets, liabilities, rights and obligations of a transferor to a transfer recipient, a conviction against, or ruling, order or judgment in favour of or against a transferor may be enforced by or against the transfer recipient. Civil actions, etc. (3) Where a transfer inv…
- 42Employees continued
42 (1) Persons who are employees of a transferor immediately before the transfer become employees of the transfer recipient as of the date of the transfer. Same (2) For all purposes, the employment of the employees described in subsection (1) immediately before and after the transfer is continuous. Same (3) For all purposes, including the purposes of an employment contract, a collective agreement and the Employment Standards Act, 2000, the employment of the employees described in subsection (1) of this section is not terminated or severed and those employees are not constructively dismissed because of the transfer. Terms of employment (4) All rights, duties and liabilities relating to all employees and former employees of a transferor that are vested in or bind the transferor immediately before the effective date of the transfer are vested in or bind the transfer recipient instead of the…
- 43Dissolution order
43 (1) The Minister may make an order to dissolve an organization that is listed in subsection 40 (2). 2019, c. 5, Sched. 1, s. 43 (1). Dissolution of organization (2) If the Minister makes an order under subsection (1), the organization affected by the order is dissolved as of the date specified in the order, despite any requirement that would otherwise apply under any other Act. 2019, c. 5, Sched. 1, s. 43 (2). Members terminated (3) The persons who are the members of the organization affected by the order immediately before the dissolution cease to be members on the day of the dissolution. 2019, c. 5, Sched. 1, s. 43 (3). Directors terminated (4) The terms of office of the directors and officers of the organization affected by the order who are in office immediately before its dissolution are terminated on the day of the dissolution. 2019, c. 5, Sched. 1, s. 43 (4); 2023, c. 19, s. 13…
- [s91]
Part V.1 Enforcement and Penalties
- [s92]
- 43.1Obstruction prohibited
43.1 No person or entity shall, or shall attempt to, hinder, obstruct or interfere with an investigator in the exercise of the investigator’s powers or the performance of their duties under this Act. 2020, c. 13, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 10 - 08/07/2020
- 43.2False information
43.2 (1) No person or entity shall orally, in writing or electronically, give or furnish by any means false or misleading information to an investigator who is conducting an investigation under this Act. 2020, c. 13, Sched. 1, s. 10. Same (2) No person or entity shall include false or misleading information in any plans, reports, financial statements, including audited financial statements, and other information that is required to be provided to the Agency under section 25. 2020, c. 13, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 10 - 08/07/2020
- 43.3Refusal to provide information
43.3 No person or entity shall refuse to provide, (a) information to an investigator who is conducting an investigation under this Act; or (b) anything that the Agency has required to be provided under section 25. 2020, c. 13, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 10 - 08/07/2020
- 43.4Misuse of terms
43.4 No person or entity shall use or represent themselves as being entitled to use the title “Ontario Health Team” or an abbreviation of that title, an equivalent in another language or a title that could reasonably be confused with that title unless, (a) they have been designated as an Ontario Health Team under section 29; or (b) they have received a written authorization from the Minister authorizing the use of the title “Ontario Health Team”. 2020, c. 13, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 10 - 08/07/2020
- 43.5Compliance orders
43.5 (1) If the Minister has grounds to believe that a person or entity has failed to comply with section 43.1, 43.2, 43.3 or 43.4, the Minister may make an order requiring the person or entity to do anything, or refrain from doing anything, to correct the non-compliance. 2020, c. 13, Sched. 1, s. 10. Submissions (2) The person or entity to whom the order is directed may, within 14 days after the order is served, provide submissions to the Minister as to how they are, in fact, in compliance with the prohibition or as to the actions they have taken to come within compliance. 2020, c. 13, Sched. 1, s. 10. Reconsideration by Minister (3) After considering the submissions, the Minister shall confirm or rescind the compliance order and serve on the person or entity a notice of the decision. 2020, c. 13, Sched. 1, s. 10. Compliance (4) A person or entity to whom a compliance order is directed …
- 43.6Court order to comply
43.6 (1) If it appears to the Minister that a person or entity is not complying with section 43.1, 43.2, 43.3 or 43.4 or a compliance order issued under section 43.5, the Minister may apply to the Superior Court of Justice, on notice to the person or entity, for an order directing the person or entity to comply and, on the application, the court may make the order that the court thinks fit. 2020, c. 13, Sched. 1, s. 10. Same (2) Subsection (1) applies in addition to the power to issue compliance orders, and the Minister may apply for an order under that subsection directing compliance with section 43.1, 43.2, 43.3 or 43.4 even if a compliance order has not been issued. 2020, c. 13, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 10 - 08/07/2020
- 43.7Offences
43.7 (1) Every person or entity is guilty of an offence who contravenes section 43.1, 43.2, 43.3 or 43.4 or subsection 43.5 (4). 2020, c. 13, Sched. 1, s. 10. Officers, directors (2) Every officer, director, employee and agent of a corporation who commits an offence under this Act, for which the corporation would be liable for prosecution, is guilty of an offence and on conviction is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. 2020, c. 13, Sched. 1, s. 10. Act of officer, etc. (3) For the purposes of this Act and the regulations, an act or thing done or omitted to be done by an officer, director, employee or agent of a corporation in the course of their employment or in the exercise of their powers or in the performance of their duties is deemed to also be an act or thing done or omitted to be done by the corporation…
- 43.8General penalty, individual
43.8 (1) An individual convicted of an offence under this Act is liable to, (a) for a first offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both; and (b) for a subsequent offence, to a fine of not more than $100,000 or to imprisonment for a term of not more than 12 months, or to both. 2020, c. 13, Sched. 1, s. 10. Same, corporation (2) A corporation convicted of an offence under this Act is liable to a fine of not more than $100,000 for a first offence and to a fine of not more than $500,000 for a subsequent offence. 2020, c. 13, Sched. 1, s. 10. Other conditions in probation order (3) Despite clause 72 (3) (c) of the Provincial Offences Act, the court that convicts a person of an offence under this Act may prescribe conditions described in that clause even though the offence is not punishable by imprisonment. 2020, c. 13, Sched…
- 43.9Publication of enforcement information
43.9 (1) The Minister may publish on a website, or otherwise make available to the public, (a) with respect to a compliance order issued under section 43.5 or a court order issued under section 43.6, (i) the name of the person or entity to whom the order is directed, (ii) the date of the order, and (iii) a description of the non-compliance that gave rise to the order; and (b) with respect to a person who is convicted of an offence under this Act, (i) the name of the person, (ii) a description of the offence, (iii) the date of the conviction, and (iv) the person’s sentence. 2020, c. 13, Sched. 1, s. 10. Limitation (2) The Minister shall not act under subsection (1) with respect to a compliance order unless, (a) at least 14 days have elapsed since the Minister served the order and the person to whom the order is directed has not provided submissions under subsection 43.5 (2), or (b) the Mi…
- [s101]
Part V.2 Home and Community Care Complaints and Appeals
- [s102]
- 43.10Complaints
43.10 A health service provider or Ontario Health Team that is funded under section 21 to provide home and community care services shall establish a process for reviewing complaints respecting such services that are made to it in accordance with the prescribed requirements. 2020, c. 13, Sched. 1, s. 11. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 11 - 01/05/2022
- 43.11Appeal of decision
43.11 A person may appeal to the Appeal Board a prescribed decision of the health service provider or Ontario Health Team concerning a complaint if the prescribed requirements are met. 2020, c. 13, Sched. 1, s. 11. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 11 - 01/05/2022
- 43.12Hearing
43.12 If a person appeals a decision of the health service provider or Ontario Health Team to the Appeal Board in accordance with the prescribed requirements, the Appeal Board shall promptly appoint a time and place for a hearing in accordance with prescribed requirements. 2020, c. 13, Sched. 1, s. 11. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 11 - 01/05/2022
- 43.13Health Insurance Act applies
43.13 Subsections 23 (1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Act. 2020, c. 13, Sched. 1, s. 11. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 11 - 01/05/2022
- 43.14Decision of Appeal Board
43.14 After a hearing by the Appeal Board under this Part the Appeal Board may, (a) affirm the decision of the health service provider or Ontario Health Team; (b) rescind the decision of the health service provider or Ontario Health Team and refer the matter back to the provider or Team for a new decision in accordance with such directions as the Appeal Board considers appropriate; or (c) rescind the decision of the health service provider or Ontario Health Team, substitute its opinion for that of the provider or Team and direct the provider or Team to implement the decision of the Appeal Board in accordance with such directions as the Appeal Board considers appropriate. 2020, c. 13, Sched. 1, s. 11. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 11 - 01/05/2022
- 43.15Decision final
43.15 A decision of the Appeal Board under this Part is final and binding and is not subject to further appeal. 2020, c. 13, Sched. 1, s. 11. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 11 - 01/05/2022
- [s108]
PART VI General
- [s109]
- 44Community engagement
44 (1) The Agency, Ontario Health Teams and health service providers shall establish mechanisms for engaging with patients, families, caregivers, health sector employees and others as part of their operational planning processes in accordance with the regulations, if any, made by the Minister. 2019, c. 5, Sched. 1, s. 44 (1); 2020, c. 13, Sched. 1, s. 2 (1, 6). Duties (2) In fulfilling its duties under subsection (1), the Agency shall, (a) engage the Indigenous health planning entities that the Minister, by regulation, specifies, in a manner that recognizes the role of Indigenous peoples in the planning and delivery of health services in their communities; (b) engage the French language health planning entities that the Minister, by regulation, specifies; (c) engage the Minister’s Patient and Family Advisory Council established under the Ministry of Health and Long-Term Care Act; and (d)…
- 45Public interest
45 In making a decision in the public interest under this Act, the Lieutenant Governor in Council, the Minister or the Agency, as the case may be, may consider any matter they regard as relevant, including, without limiting the generality of the foregoing, (a) the quality of the management and administration of the Agency, the health service provider, the Ontario Health Team or the other person or entity that receives funding from the Agency under section 21, as the case may be; (b) the proper management of the health care system in general; (c) the availability of financial resources for the management of the health care system and for the delivery of health care services; (d) accessibility to health services; (e) the quality of the care and treatment of patients; and (f) the accessibility of health services in French. 2019, c. 5, Sched. 1, s. 45; 2020, c. 13, Sched. 1, s. 2 (1, 8). Sec…
- 45.1Permitted disclosure and collection of personal health information
45.1 (1) A health service provider or an Ontario Health Team that is funded under section 21 to provide home and community care services and their provider of home and community care services may disclose a record of personal health information to the Minister if the disclosure is for the purpose of enabling the Minister to exercise a power under subsection (2). 2023, c. 19, s. 14. Minister (2) The Minister may collect, directly or indirectly, personal information for the following purposes: 1. Monitoring and evaluating home and community care services provided by a health service provider or an Ontario Health Team that is funded under section 21 to provide those services and their provider of home and community care services. 2. Monitoring and assessing the health, safety and well-being of persons applying for or receiving home and community care services. 2023, c. 19, s. 14. Head autho…
- 46Extinguishment of causes of action
46 (1) Subject to subsections (5) and (8), no cause of action arises against any of the following with respect to any act done or omitted to be done or any decision, directive, standard, regulation or order made or issued under this Act, the Mental Health and Addictions Centre of Excellence Act, 2019, the Gift of Life Act, the Integrated Community Health Services Centres Act, 2023 or the Excellent Care for All Act, 2010 or under any provisions of the Personal Health Information Protection Act, 2004 or the regulations made under that Act that are prescribed for the purposes of this section that is done in good faith in the execution or intended execution of a power or duty under any of those Acts: 1. The Crown. 2. Any current or former member of the Executive Council, including the Minister. 3. The Agency. 4. Any current or former member, director or officer of the Agency or a volunteer o…
- 47Agency or Service Organization dissolution
47 If the Minister considers it to be in the public interest to wind up the affairs of the Agency or the Service Organization, the Minister may do all things necessary to accomplish that, including dealing with the assets and liabilities of the Agency or Service Organization by, (a) liquidating or selling the assets and paying the proceeds into the Consolidated Revenue Fund; (b) transferring the assets and liabilities to the Crown, including another agency of the Crown; or (c) transferring the Agency’s or Service Organization’s employees to the Crown or to another agency of the Crown. 2023, c. 19, s. 15. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 15 - 28/06/2024
- [s114]
PART VII Regulations
- 47 #115Agency or Service Organization dissolution
- 48Regulations
48 (1) The Lieutenant Governor in Council may make regulations, (a) specifying persons or entities that are included in or excluded from the definition of “health service provider” in subsection 1 (2); (b) exempting the Agency, the Service Organization, a health service provider, an Ontario Health Team or any other person or entity from any provision of this Act or the regulations, and specifying circumstances in which the exemption applies; (c) prescribing provisions of the Not-for-Profit Corporations Act, 2010 and the Corporations Information Act, or any successor to those Acts, that apply to the Agency or the Service Organization and the modifications with which those provisions are to so apply; (d) specifying persons who may not be appointed as members of the Agency or the Service Organization; (d.1) prescribing assets or revenues of the Agency that do not form part of the Consolidat…
- [s116]
- 49
49 Omitted (provides for amendments to this Act). Section Amendments with date in force (d/m/y) 2023, c. 4, Sched. 1, s. 69 (5) - 18/05/2023 Part IX (OMITTED)
- 50
50 Omitted (provides for coming into force of provisions of this Act).
- 51
51 Omitted (enacts short title of this Act). ______________
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