Health and Supportive Care Providers Oversight Authority Act, 2021

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Sections105

• [s0]

  Part I Interpretation

• 1Interpretation

  1 (1) In this Act, “Authority” means the corporation without share capital incorporated under section 2; (“Office”) “board” means the board of directors of the Authority; (“conseil”) “Chief Executive Officer” means the Chief Executive Officer of the Authority appointed under subsection10 (1); (“directeur général”) “memorandum of understanding” means the memorandum of understanding described in subsection 14 (1); (“protocole d’entente”) “Minister” means the Minister of Health or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “personal health information” has the same meaning as in section 4 of the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”) “personal information” means personal information within the meaning of the Freedom of Information and Protecti…

• [s2]

  Part II The Authority

• [s3]

  Establishment, Composition and Governance

• 2Authority established

  2 A corporation without share capital is established under the name Health and Supportive Care Providers Oversight Authority in English and Office de surveillance des fournisseurs de soins de santé et de soutien in French.

• 3Composition of Authority

  3 (1) The Authority is composed of the members of its board of directors. Same (2) A person ceases to be a member of the Authority when they cease to be a director of the Authority.

• 4Board

  4 (1) The Authority shall have a board of directors which shall manage or supervise the management of the affairs of the Authority. Composition of board (2) The board shall consist of no fewer than eight and no more than 12 directors. Appointed directors (3) The Lieutenant Governor in Council may appoint directors to the board, subject to subsection (4). Not majority (4) The Lieutenant Governor in Council shall ensure that the directors appointed by the Lieutenant Governor in Council do not constitute a majority of the directors on the board. Elected directors (5) The directors that are not appointed by the Lieutenant Governor in Council shall be elected by the members of the board. Eligibility (6) A person is eligible to be elected or appointed as a director of the Authority if they, (a) are not a registrant; (b) meet any prescribed qualifications; and (c) in the case of elected board m…

• 5Interim board

  5 (1) Until the first election of the directors mentioned in subsection 4 (12) takes place, the Authority shall have an interim board consisting of three to five directors who shall be appointed by the Lieutenant Governor in Council. Remuneration and expenses of interim board (2) The remuneration and expenses of the directors on the interim board shall be determined by the Lieutenant Governor in Council. Application of s. 4 (3) Section 4, except subsections (2) to (5) and (8), applies to the interim board.

• 6By-laws

  6 (1) The board may make by-laws for the management of the Authority and for the conduct and administration of the Authority’s operations, including with respect to, (a) delegating any powers and duties of the board or of the Chief Executive Officer under this Act to any person, subject to any conditions the board may specify; (b) establishing and governing the expiry of registrations issued under this Act; and (c) requiring information to be included in the register required by section 32. Elected directors (2) The board shall make a by-law regarding who can serve as directors elected to the board, the criteria and qualifications for persons to be nominated for election to the board and the process for their election. Minister’s approval required (3) The board may make a by-law described in subsection (2) only with the written approval of the Minister. Available to the public (4) The Au…

• 7Not Crown agent

  7 The Authority is not an agent of the Crown and shall not hold itself out as an agent of the Crown.

• 8Not-for-Profit Corporations Act, 2010, Corporations Information Act

  8 The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Authority except as prescribed. 2021, c. 27, Sched. 2, s. 64 (1). Section Amendments with date in force (d/m/y) 2021, c. 27, Sched. 2, s. 64 (1) - 26/10/2021

• [s11]

  Employees, Officers, Agents and Committees

• 8 #11Not-for-Profit Corporations Act, 2010, Corporations Information Act
• [s12]
• 9Employees

  9 The Authority may employ or retain the services of any qualified person to carry out any power or duty of the Authority.

• 10Chief Executive Officer

  10 (1) The board shall appoint one of its employees as the Chief Executive Officer. Restriction (2) The Chief Executive Officer shall not be a registrant or a director of the Authority. Duties (3) The Chief Executive Officer shall have the powers and perform the duties assigned to the Chief Executive Officer under this Act and by the board. Non-application of Statutory Powers Procedure Act (4) The Statutory Powers Procedure Act does not apply to anything done by the Chief Executive Officer under this Act, except as may be prescribed.

• 11Advisory committees

  11 (1) The board shall establish a separate advisory committee for each class of registrants in accordance with the regulations to advise and make recommendations to the board and the Chief Executive Officer about issues pertaining to registrants in that class of registration. Composition (2) In addition to any other requirements provided for in the regulations, every advisory committee for a class of registrants shall include, (a) one or more individuals who represent the interests of persons who receive health services or supportive care services from that class of registrants or the caregivers of such individuals; (b) one or more individuals who are registrants in that class of registration; and (c) one or more individuals who are educators of registrants in that class of registration.

• [s15]

  Objects, Powers and Duties

• [s16]
• 12Objects

  12 The objects of the Authority are, (a) to administer this Act and the regulations, including overseeing their enforcement; (b) to establish and maintain educational and skills-based qualifications for each class of registrants; (c) to establish and maintain one or more visual marks or identifiers for use by registrants that can identify registrants to members of the public; (d) to promote the provision of safe, competent, ethical and high-quality health services and supportive care services by registrants to members of the public; (e) to establish and maintain codes of ethics applicable to each class of registrants in relation to the health services or supportive care services they provide to members of the public; (f) to educate registrants, employers and members of the public about matters relating to this Act and the regulations; (g) to advise the Minister, at the Minister’s request…

• 13Capacity, rights, powers and privileges

  13 The Authority has the capacity and the rights, powers and privileges of a natural person, except as limited by this Act or the regulations.

• 14Memorandum of understanding

  14 (1) The Minister and the Authority shall enter into a memorandum of understanding, which must, at a minimum, (a) set out requirements relating to the governance of the Authority; (b) set out requirements with which the Authority shall comply in connection with its administration of this Act and the regulations, including a requirement that the Authority maintain adequate insurance against liability arising out of its administration of this Act and the regulations; and (c) set out requirements with which the Authority shall comply in connection with carrying out its other objects. Conflict (2) In the event of conflict between any provision of this Act or the regulations and any provision of the memorandum of understanding or the Authority’s by-laws or resolutions, the provision of this Act or the regulations prevails to the extent of the conflict. Amendment by Minister (3) If the Minis…

• [s19]

  Accountability

• [s20]
• 15Minister’s authority to appoint supervisor

  15 (1) If the Minister considers it to be in the public interest, the Minister may appoint a person as a supervisor for the Authority for the purposes of assuming control of it and responsibility for its activities. Notice of appointment (2) The Minister shall give the board the notice that the Minister considers reasonable in the circumstances before appointing the supervisor. Immediate appointment (3) Subsection (2) does not apply if there are not enough members on the board to form a quorum. Term of appointment (4) The appointment of the supervisor is valid until the Minister terminates the appointment. Powers and duties of supervisor (5) Unless the supervisor’s appointment provides otherwise, the supervisor has the exclusive right to exercise all the powers and perform all the duties of the directors, officers and members of the Authority. Same (6) In appointing the supervisor, the M…

• 16Status of board during supervisor’s tenure

  16 (1) On the appointment of a supervisor under section 15, the members of the board cease to hold office, unless the supervisor’s appointment provides otherwise. Same (2) During the term of the supervisor’s appointment, the powers of any director of the Authority who continues to hold office are suspended, unless the supervisor’s appointment provides otherwise.

• 17Policy directions

  17 (1) If the Minister considers it to be in the public interest, the Minister may issue policy or operational directions to the Authority relating to its administration of this Act, after giving the Authority the notice that the Minister considers reasonable in the circumstances. Compliance required (2) The Authority shall comply with the policy directions and shall implement measures to do so.

• 18Ministerial reviews

  18 (1) The Minister may require that reviews of the Authority, of its operations or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out, (a) by or on behalf of the Authority; or (b) by a person or entity specified by the Minister. Access to records (2) If a review is carried out by a person or entity specified by the Minister, the Authority shall give the person or entity specified by the Minister and the employees and agents of the person or entity access to all records and other information required to conduct the review. Report to Minister (3) The results of reviews under this section shall be reported to the Minister within the time specified by the Minister. Conditions (4) The Minister may impose any additional requirements or conditions with respect to a review carried out under this section.

• 19Duty to advise the Minister

  19 (1) The Authority shall promptly inform and advise the Minister with respect to, (a) any information that could affect the Authority’s ability to exercise its powers or perform its duties under this Act; and (b) any urgent or critical matter that is likely to require action by the Minister. Same (2) The Authority shall advise or report to the Minister, within the time period that the Minister specifies, on any matter that the Minister refers to it and that relates to this Act, the regulations or the memorandum of understanding.

• 20Internal audit

  20 The board shall appoint an auditor licensed under the Public Accounting Act, 2004 to audit the accounts and financial transactions of the Authority annually.

• 21External audit

  21 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the Authority, other than an audit required under the Not-for-Profit Corporations Act, 2010. 2021, c. 27, Sched. 2, s. 21 (1); 2021, c. 27, Sched. 2, s. 64 (2). Access (2) When the Auditor General conducts an audit under subsection (1), the Authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. 2021, c. 27, Sched. 2, s. 21 (2). Section Amendments with date in force (d/m/y) 2021, c. 27, Sched. 2, s. 64 (2) - 01/12/2024

• 22Disclosure of compensation and other payments

  22 (1) The Authority shall, in accordance with the regulations, make available to the public any information specified by the Minister relating to, (a) the compensation that the Authority pays to members of its board of directors, its officers and its employees; and (b) any other payments that the Authority makes or is required to make to the persons mentioned in clause (a). Website, etc. (2) The information described in subsection (1) must be made available to the public on the Authority’s website and by any other means that the Authority determines. Definition (3) In this section, “compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle the person to be paid, and includes salary, benefits, perquisites and all forms of non-discretionary and discretionary payments.

• 23Public interest considerations

  23 In exercising a power under subsection 14 (3), 15 (1) or 17 (1), the Minister may consider any matter the Minister regards as relevant to the public interest including, without limiting the generality of the foregoing, whether, (a) the exercise of the power is necessary to prevent serious harm to public safety or to the interests of individuals who receive health services or supportive care services from registrants; (b) an event of force majeure has occurred; (c) the Authority is facing a risk of insolvency; or (d) the board’s composition is no longer in compliance with the requirements set out in this Act, or the number of directors of the Authority is insufficient for a quorum.

• [s29]

  Miscellaneous Prohibitions

• [s30]
• 24Commercial activities

  24 (1) The Authority shall not engage in commercial activity through an individual, corporation or other entity that is related to the Authority. Subsidiary corporations (2) The Authority shall not establish a subsidiary corporation.

• 25Services in French

  25 The French Language Services Act applies to the Authority as though it were a government agency under that Act.

• [s32]

  Part III Applications for Registration

• [s33]
• 26Applications

  26 (1) An applicant may apply to the Authority for registration or renewal of registration in a class described in subsection (2). Classes (2) The classes of registration to which an applicant may apply are, (a) the personal support worker class; and (b) any other prescribed class. Form and manner (3) The application must be made in the form and manner required by the Authority.

• 27Registration

  27 (1) An applicant is entitled to registration or renewal of registration by the Chief Executive Officer in the class they are applying for unless the Chief Executive Officer refuses to grant the application under section 28. Request for information (2) The Chief Executive Officer may request that an applicant for registration or renewal of registration provide to the Chief Executive Officer, in the form and manner and within the time period specified by the Chief Executive Officer, (a) information specified by the Chief Executive Officer that is relevant to the decision to be made by the Chief Executive Officer as to whether or not to grant the registration or renewal; and (b) verification, by affidavit or otherwise, of any information described in clause (a) that the applicant is providing or has provided to the Chief Executive Officer. Approval and conditions (3) Subject to subsectio…

• 28Refusal to register, etc.

  28 (1) If an applicant or a registrant meets the prescribed prohibited grounds for registration, the Chief Executive Officer shall, as applicable, (a) refuse to register or renew the registration of the applicant; or (b) revoke the registrant’s registration. Failure to meet prescribed criteria (2) The Chief Executive Officer may refuse to grant or renew a registration if, in the Chief Executive Officer’s opinion, the applicant does not meet the prescribed criteria for that class of registration. Notice (3) The Chief Executive Officer shall notify an applicant or registrant in writing if they propose to, (a) refuse to grant or renew a registration in accordance with subsection (1) or (2); (b) revoke the registrant’s registration in accordance with subsection (1); or (c) impose conditions to a registration or renewal to which the applicant has not consented. Content of notice (4) The notic…

• 29Written review by HPARB

  29 (1) After receiving a request for a written review from an applicant under subsection 28 (6), the Health Professions Appeal and Review Board shall conduct a written review in accordance with the procedures provided for in the regulations, if any. Non-application of the Statutory Powers Procedure Act (2) A written review conducted by the Health Professions Appeal and Review Board under this section is not a proceeding within the meaning of the Statutory Powers Procedure Act and the Statutory Powers Procedure Act does not apply to such a review, except as provided for in the regulations. Powers (3) After conducting a written review, the Health Professions Appeal and Review Board may by order, (a) direct the Chief Executive Officer to carry out the Chief Executive Officer’s proposal; or (b) substitute its opinion for that of the Chief Executive Officer, which may include granting, refusi…

• [s37]

  Part IV Registrations

• [s38]

  Conditions and the Register

• [s39]
• 30Registration subject to conditions

  30 A registration is subject to any conditions that are applied to the registration under this Act or that are otherwise prescribed.

• 31Expiry of registration

  31 Registrations expire in accordance with the rules set out in the Authority’s by-laws.

• 32Register

  32 (1) The Chief Executive Officer shall, in accordance with the regulations, establish and maintain a register of registrants and shall make available to the public, (a) the names of registrants; (b) any other information that may be prescribed in respect of registrants; and (c) any other information that may be required by the Authority’s by-laws. Form and manner (2) The information to be maintained by the Chief Executive Officer in the register shall be maintained in the form and manner set out in the regulations.

• [s42]

  Reporting and Information

• [s43]
• 33Reporting by registrants re: offences

  33 (1) A registrant shall file a report in writing with the Authority if the registrant has been found guilty of an offence, other than a prescribed offence. Timing of report (2) The report must be filed as soon as reasonably practicable after the registrant receives notice of the finding of guilt. Contents of report (3) Subject to subsection (4), the report must contain, (a) the name of the registrant filing the report; (b) the nature of, and a description of the offence; (c) the date the registrant was found guilty of the offence; (d) the name and location of the court that found the registrant guilty of the offence; and (e) the status of any appeal initiated respecting the finding of guilt. Publication ban (4) The report shall not contain any information that violates a publication ban. Same (5) No action shall be taken under this section which violates a publication ban and nothing i…

• 34Reporting by registrants re: charges and bail conditions, etc.

  34 (1) A registrant shall file a report in writing with the Authority if the registrant has been charged with an offence other than a prescribed offence, and the report shall include information about every bail condition or other restriction imposed on, or agreed to, by the registrant in connection with the charge. Timing of report (2) The report must be filed as soon as reasonably practicable after, (a) the registrant receives notice that they were charged with the offence; or (b) the bail conditions or other restrictions were imposed on or agreed to by the registrant. Contents of report (3) Subject to subsection (4), the report must contain, (a) the name of the registrant filing the report; (b) the nature of, and a description of, the charge; (c) the date the charge was laid against the registrant; (d) the name and location of the court in which the charge was laid or in which the bai…

• 35Sexual abuse reporting

  35 (1) A registrant shall file a written report with the Authority if the registrant has reasonable grounds to believe that another registrant has sexually abused a person who receives health services or supportive care services. Same, member of health profession College (2) A registrant shall file a written report with a College within the meaning of the Regulated Health Professions Act, 1991 if the registrant has reasonable grounds to believe that a member of that College has sexually abused a person who receives health services or supportive care services. If name not known (3) A registrant is not required to file a report under subsection (1) or (2) if the registrant does not know the name of the registrant or member who would be the subject of the report. Requirement to inform (4) If a registrant is required to file a report under subsection (1) or (2), the registrant shall use thei…

• 36Collection of personal information from registrants

  36 (1) At the request of the Minister, the Authority shall collect information directly from registrants as is reasonably necessary for the purpose of human resources planning or research. Unique identifiers (2) A unique identifier shall be assigned by the Minister or a person designated by the Minister for each registrant from whom information is collected under subsection (1). Form and manner (3) The unique identifier shall be in the form and manner specified by the Minister. Registrants to provide information (4) A registrant who receives a request for information for the purpose of subsection (1) shall provide the information to the Authority within the time period and in the form and manner specified by the Authority. Disclosure to Minister (5) The Authority shall disclose the information collected under subsection (1) to the Minister within the time period and in the form and manne…

• [s47]

  Prohibitions on Non-Registrants Holding out prohibitions for non-registrants

• [s48]
• 37Use of mark or visual identifier

  37 (1) No individual shall use or hold themselves out as being entitled to use a visual mark or other identifier established by the Authority for a class of registrants unless the individual is authorized to do so by the Authority in accordance with this Act and the regulations. Other forms of holding out (2) No individual shall otherwise represent or hold themselves out as being a registrant unless the individual is registered with the Authority in accordance with this Act.

• [s49]

  Part V Complaints, Investigations and Discipline

• [s50]

  Complaints and Investigations

• [s51]
• 38Complaints

  38 (1) If the Chief Executive Officer receives a complaint about a registrant, the Chief Executive Officer may investigate the complaint and may, in writing, request information in relation to the complaint from any person, including the registrant who is the subject of the complaint. Request for information (2) A request for information under subsection (1) shall indicate the nature of the complaint. Duty to comply with request (3) A registrant who receives a request for information under subsection (1) shall provide the information as soon as possible.

• 39Appointment of investigators

  39 (1) The Chief Executive Officer may appoint persons to be investigators for the purposes of conducting investigations, (a) into complaints received by the Chief Executive Officer; or (b) where the Chief Executive Officer has reason to believe that a registrant may have acted in a manner that breaches the Act, the regulations or the prescribed code of ethics that applies to them. Certificate of appointment (2) The Chief Executive Officer shall issue to every investigator a certificate of appointment bearing the Chief Executive Officer’s signature or a facsimile of the signature. Production of certificate of appointment (3) Every investigator who is conducting an investigation shall, upon request, produce the certificate of appointment as an investigator. Application of Public Inquiries Act, 2009 (4) An investigator may inquire into and examine the actions of a registrant and section 33…

• 40Entry to dwellings

  40 In conducting an investigation, an investigator shall not enter any dwelling except, (a) with the consent of the occupier; or (b) under the authority of a warrant issued under section 41.

• 41Entries and searches

  41 (1) A justice of the peace may, on the application of an investigator made without notice, issue a warrant authorizing an investigator to enter and search a place and examine any document or thing specified in the warrant if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds for believing that, (a) the registrant being investigated has contravened the prescribed code of ethics that applies to them; and (b) there is something relevant to the investigation at the place. Hours of execution (2) A warrant issued under subsection (1) may be executed only between 8 a.m. and 8 p.m. unless the warrant specifies otherwise. Application for dwelling (3) An application for a warrant under subsection (1) to enter a dwelling shall specifically indicate that the application relates to a dwelling. Powers under the …

• 42Copying of documents and objects

  42 (1) An investigator may copy, at the Authority’s expense, a document or object that an investigator may examine under subsection 39 (6) or under the authority of a warrant issued under subsection 41 (1). Removal for documents and objects (2) An investigator may remove a document or object described in subsection (1) if, (a) it is not practicable to copy it in the place where it is examined; or (b) a copy of it is not sufficient for the purposes of the investigation. Return of documents and objects or copies (3) If it is practicable to copy a document or object removed under subsection (2), the investigator shall, (a) if it was removed under clause (2) (a), return the document or object within a reasonable time; or (b) if it was removed under clause (2) (b), provide the person who was in possession of the document or object with a copy of it within a reasonable time. Copy as evidence (…

• 43Obstruction, etc. prohibited

  43 (1) No person shall, (a) hinder, obstruct or interfere with an investigator in the performance of their duties; (b) withhold or conceal from an investigator or destroy anything that is relevant to the investigation; or (c) knowingly furnish false information to an investigator in the performance of their duties. Co-operation (2) A registrant shall co-operate fully with, (a) any investigator appointed under this Act; and (b) any request for information by the Chief Executive Officer under subsection 38 (1).

• [s57]

  Resolution of Complaints or Investigations and Appeals

• [s58]
• 44Chief Executive Officer actions

  44 At any time following the receipt of a complaint or following the appointment of an investigator, the Chief Executive Officer may do any of the following, as appropriate, subject to any additional procedures provided for in the regulations: 1. Attempt to mediate or resolve the complaint. 2. Give the registrant a written warning that action may be taken against them if they continue to engage in specified activity. 3. Require the registrant to take further educational courses or training. 4. Impose conditions on the registration under clause 27 (3) (b), subject to the requirements in section 28. 5. Refer any contraventions of the prescribed code of ethics that applies to the registrant, in whole or in part, to the discipline committee of the Authority. 6. Take any further prescribed actions that the Chief Executive Officer considers appropriate.

• 45Urgent interim action

  45 (1) The Chief Executive Officer may, at any time following the receipt of a complaint or following the appointment of an investigator, suspend or impose conditions on a registrant’s registration on an interim basis if the Chief Executive Officer believes on reasonable and probable grounds that the conduct of the registrant exposes or is likely to expose members of the public who receive health services or supportive care services from the registrant to harm or injury and that urgent intervention by the Chief Executive Officer is needed. No notice or review required (2) The requirements in section 28 do not apply to an interim action taken under subsection (1). Duration (3) An interim action taken under subsection (1) continues in force until, (a) it is varied or revoked by the Chief Executive Officer; (b) the Chief Executive Officer chooses to take an action under paragraphs 1, 2, 3, …

• 46Discipline committee

  46 (1) The board shall establish a discipline committee in accordance with the regulations to hear and determine, in accordance with the prescribed procedures, issues concerning whether registrants have failed to comply with the prescribed code of ethics that applies to them. Non-application of Statutory Powers Procedure Act (2) The Statutory Powers Procedure Act does not apply to proceeding before the discipline committee concerning whether registrants have failed to comply with the prescribed code of ethics that applies to them, except as provided for in the regulations. Appointment of members (3) The board shall appoint the members of the discipline committee and, in making the appointments, shall ensure that the prescribed requirements for the composition of the committee are met. Result of a determination (4) If the discipline committee makes a determination under subsection (1) tha…

• 47Appeals committee

  47 (1) The board shall establish an appeals committee in accordance with the regulations to consider, in accordance with the prescribed procedures, appeals from orders of the discipline committee. Appointment of members (2) The board shall appoint the members of the appeals committee and, in making such appointments, shall ensure that the prescribed requirements for the composition of the committee are met. Appeal (3) A party to a proceeding before the discipline committee may appeal the final order of the discipline committee to the appeals committee in accordance with the regulations. Procedure (4) The appeals committee shall conduct any appeals to it in accordance with the procedural requirements set out in the regulations, if any. Non-application of Statutory Powers Procedure Act (5) The Statutory Powers Procedure Act does not apply to a proceeding before the appeals committee, excep…

• 48Public access to decisions

  48 Decisions of the discipline committee and the appeals committee shall be made available to the public in such manner as may be prescribed.

• [s63]

  Part VI Miscellaneous

• [s64]
• 49Forms

  49 The Authority may require the use of forms it develops in connection with administering this Act or the regulations.

• 50Fees, etc.

  50 (1) The Authority may set and charge fees, costs or other charges in relation to anything that the Authority does in administering this Act or anything that the Chief Executive Officer does under this Act as long as the decisions to set and charge are made in accordance with processes and criteria that the Authority establishes and that the Minister approves. Exception (2) The Authority shall not set or charge any fees, costs or charges payable by a person for making a complaint to the Chief Executive Officer. Setting fees, etc. (3) In setting the fees, costs and charges described in subsection (1), the Authority may specify their amounts or the method for determining the amounts. Collection (4) The Authority may, (a) set the time and manner of payment of the fees, costs and charges charged by it under subsection (1); and (b) require the payment of interest and other penalties, includ…

• 51Confidentiality

  51 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act, the regulations or the memorandum of understanding shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b) for the purposes of the administration of another prescribed Act of Ontario or Canada; (c) to a College that governs a health profession within the meaning of the Regulated Health Professions Act, 1991 or to a similar body that governs a health profession outside of Ontario; (d) to another person or entity outside of Ontario that regulates the activities of individuals who perform health services or supportive care services that are subs…

• 52Evidence in civil proceedings

  52 No record of a proceeding under this Act, no document or thing prepared for or statement given at such a proceeding and no order or decision made in such a proceeding is admissible in a civil proceeding other than a proceeding under this Act.

• 53Service

  53 (1) Any notice, order or request made under this Act is sufficiently given or served if it is, (a) delivered personally; (b) sent by courier; (c) sent by registered mail; (d) sent by e-mail; or (e) sent by fax. Deemed service (2) Subject to subsection (3), the notice, order or request shall be deemed to have been served, (a) on the day it was delivered personally; (b) on the fifth day after it was couriered; (c) on the fifth day after it was mailed; (d) on the day after it was sent by email; or (e) on the day after it was sent by fax. Holidays (3) If the day described in clause (2) (b), (c), (d) or (e) is a holiday, the notice shall be deemed to have been served on the next day that is not a holiday. Failure to receive beyond person’s control (4) Subsection (2) does not apply if the person receiving the notice, order or request that the person, acting in good faith, did not receive it…

• 54Review of Act

  54 (1) Within five years after this section comes into force, the Minister shall undertake a comprehensive review of this Act and shall prepare a report setting out the findings of the review. Tabling in Assembly (2) The Minister shall deliver the report to the Speaker of the Assembly, who shall lay the report before the Assembly at the earliest reasonable opportunity.

• [s70]

  Part VII Offences

• [s71]
• 55Offences

  55 A person is guilty of an offence if the person, (a) furnishes false information in any application of registration or renewal of registration under this Act; (b) contravenes subsection 35 (1) or (2) (Sexual abuse reporting); (c) contravenes section 37 (Holding out prohibitions for non-registrants); or (d) contravenes section 43 (Obstruction, etc. prohibited). Penalty

• 56Individual

  56 (1) Every individual who is found guilty of an offence under section 55 is liable on conviction to a fine of not more than $25,000. Corporation (2) Every corporation that is found guilty of an offence under section 55 is liable on conviction to a fine of not more than $50,000. Directors and officers (3) If a corporation is guilty of an offence under section 55, every director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is deemed to be a party to and guilty of the offence and on conviction is liable to a fine of not more than $25,000.

• 57Protection of personal health information

  57 Where documents or materials are filed with a court in relation to an investigation into an offence under this Act or in a prosecution for an offence under this Act, including under sections 158 to 160 of the Provincial Offences Act, the court may, at any time, take precautions to avoid the disclosure by the court or any person of any personal health information about an individual, including, where appropriate, (a) removing the identifying information of any person whose personal health information is referred to in any documents or materials; (b) receiving representations without notice; (c) conducting hearings or parts of hearings in private; or (d) sealing all or part of the court files.

• [s74]

  Part VIII Liability of the Authority and the Crown

• [s75]
• 58No personal liability, Authority officials

  58 (1) No cause of action arises against any of the following persons as a result of any act done in good faith in the exercise or performance or intended exercise or performance of their duties or powers under this Act or any alleged neglect or default in the performance in good faith of such duties or powers: 1. The Chief Executive Officer. 2. An investigator appointed under this Act. 3. A director or an officer of the Authority. 4. Any other person whom the Authority employs or whose services the Authority retains in accordance with this Act. 5. An agent of the Authority. 6. A member of the discipline committee, the appeals committee or of any other committee provided for in the regulations. 7. A supervisor appointed under this Act. No personal liability during supervisor’s tenure, directors (2) No cause of action arises against a director of the Authority for any act, neglect or defa…

• 59No personal liability, Crown officials

  59 (1) No cause of action arises against any of the following persons as a result of any act done in good faith in the exercise or performance or intended exercise or performance of their duties or powers under this Act or any alleged neglect or default in the performance in good faith of such duties or powers: 1. A member of the Executive Council, including the Minister. 2. An employee, officer or agent of the Crown. Crown liability for Crown officials (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject. Loss of status as Crown official (3) A person mentioned in subsection (1) who accepts employment in or assignment to the Authority, including appointment as a director or supervisor of the Authority, is deemed not to be an employee, officer or agent of the Crown for t…

• 60No Crown liability, persons other than Crown officials

  60 (1) No cause of action arises against the Crown, or any person mentioned in subsection 59 (1), as a direct or indirect result of any act or omission of a person who is not a person mentioned in subsection 59 (1) if the act or omission is related, directly or indirectly, to the exercise or performance or intended exercise or performance of a duty or power under this Act. Indemnification (2) The Authority shall indemnify the Crown and any person mentioned in subsection 59 (1) in respect of damages and costs incurred by the Crown or any such person for any act or omission of the Authority or of any person mentioned in subsection 58 (1) in carrying out that person’s duties or powers under this Act.

• 61Proceedings barred

  61 (1) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be commenced against, (a) any person mentioned in subsection 58 (1) in respect of a matter referred to in that subsection; (b) any director of the Authority mentioned in subsection 58 (2) in respect of a matter referred to in that subsection; (c) any person mentioned in subsection 59 (1) in respect of a matter referred to in that subsection; or (d) any person, including the Crown, mentioned in subsection 60 (1) in respect of a matter referred to in that subsection. Application (2) Without limiting the generality of subsection (1), that subsection applies to any proceeding, including a court, administrative or arbitral proceeding, claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, including loss of…

• 62Interpretation, former officials

  62 A reference in this Part to an officer, employee, service provider, agent, or other official includes reference to a former officer, employee, service provider, agent, or other official, in relation to the exercise of powers and the performance of duties and functions in their capacity as an officer, employee, service provider, agent or other official.

• [s80]

  Part IX Regulations

• [s81]
• 63Regulations

  63 The Lieutenant Governor in Council may make regulations, (a) prescribing anything that, under this Act, may or must be prescribed, provided for or otherwise done by regulation; (b) exempting any person or class of person from any part of this Act and attaching conditions to the exemption; (c) prescribing classes of registrants in addition to the personal support worker class; (d) governing the rules that apply to different classes of registrants; (e) prescribing the code of ethics for the classes of registrants, which may include establishing different codes of ethics for different classes of registrants; (f) requiring the establishment of any committee of the Authority that is not already established in this Act; (g) governing the composition, operations, procedures and functions of any committee of the Authority; (h) respecting applications for registration or renewal of registratio…

• [s82]

  part x (omitted)

• [s83]
• 64

  64 Omitted (provides for amendments to this Act).

• 65-70

  65-70 Omitted (amends, repeals or revokes other legislation).

• [s85]

  part xi (omitted)

• [s86]
• 71

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

• 72

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