Integrated Community Health Services Centres Act, 2023

The people of Ontario and their Government: Share a vision for connected and convenient care, where the health and wellbeing of all OHIP-insured Ontarians is enabled through health services that are available at no cost to patients; Commit to supporting access to safe, effective, equitable, efficient and person-centred care; Recognize the value of a healthcare system that collaboratively integrates publicly funded, community-based health services with local and regional health system partners; Intend to expand access to publicly funded community-based health services to improve patient wait times, patient experience and access to care in a way that considers the needs of diverse, vulnerable, priority and underserviced populations, taking into account linguistic needs; and Acknowledge the importance of advancing initiatives to optimize health human resources today and in the future.

PART I INTERPRETATION AND APPLICATION

1 (1) In this Act, “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”) “compliance order” means an order made under section 49; (“ordre de conformité”) “Director” means the Director or Directors appointed under section 3 and, where more than one Director has been appointed, means the Director or Directors that have been assigned the power, function or duty in the provision in which the term appears; (“directeur”) “facility cost” means, (a) a charge, fee or payment for or in respect of a service or operating cost that, (i) supports, assists and is a necessary adjunct, or any of them, to an insured service, and (ii) is not part of the insured service, or (b) any other charge, fee or payment that is prescribed as a facility cost; (“coûts d’établissement”) “health facility” means a place …

2 This Act does not apply to a place, service or class of services, health facility or class of health facilities or person or class of persons that is exempted by the regulations.

PART II DIRECTOR

3 (1) The Minister shall appoint one or more persons as the Director for integrated community health services centres. Director may be individual or other entity (2) A Director may be an individual or another entity. If more than one Director appointed (3) Where more than one person is appointed as Director, the appointment may specify the functions and duties of each person who is appointed. Director’s powers (4) Subject to this Act and the regulations, the Director has the power to perform any functions or duties that the Director has under this Act.

PART III LICENSING AND RELATED MATTERS

Licence Applications

4 No person shall establish or operate an integrated community health services centre except under the authority of a licence.

5 (1) The Minister may at any time authorize the Director to call for one or more applications for the establishment and operation of one or more integrated community health services centres by, (a) sending a call for applications to one or more specified persons; or (b) publishing a call for applications in any manner the Director considers appropriate. Contents of call for applications (2) A call for applications shall specify, (a) the service or services to be provided in the integrated community health services centre; (b) the locality in which the integrated community health services centre is to be located; (c) such other requirements and limitations as the Minister considers relevant; and (d) the final date for submission of applications. Submission of applications (3) Any person may respond to a call for applications by submitting an application to the Director. Required contents…

6 (1) The Director may issue a licence to a person who has submitted an application for the establishment and operation of an integrated community health services centre if the Director is of the opinion that, (a) the applicant provided all of the information required in subsection 5 (4); (b) the licence should be issued, taking into account the considerations set out in subsection (2); (c) the integrated community health services centre will be operated in accordance with this Act and the regulations and any other applicable Act or regulation; (d) the persons listed in subsection (3) will operate the integrated community health services centre competently and in a responsible manner in accordance with this Act and the regulations, will ensure that the specified services are provided and will comply with the quality and safety standards; (e) the past conduct relating to the operation of …

7 (1) At any time after the Minister authorizes the Director to request one or more calls for applications for the establishment and operation of an integrated community health services centre, and before any or all of the licences are issued, the Minister may direct the Director, in writing, not to issue a licence or licences in respect of the call for applications. Notice of direction not to license (2) Upon receipt of a direction under subsection (1), the Director shall give written notice of the Minister’s direction to each person who submitted an application in response to the call for applications. Public notice (3) If the Minister issues a direction under this section before the final day for the submission of applications, the Director shall, in addition to giving notice under subsection (2), publish notice of the direction in the same manner in which the call for applications wa…

8 (1) Every licence expires on the expiry date specified on the licence unless it is revoked or is surrendered to the Director before that date. Surrender (2) A licensee may surrender their licence to the Director but shall give the Director at least six months notice before doing so.

Renewal, Relocation, Transfer, Etc.

9 (1) A licence is renewable, subject to the approval of the Director. Application required (2) A licensee may apply to the Director for the renewal of their licence. Compliance with requirements (3) The Director has the authority to approve an application for the renewal of a licence, subject to the licensee’s compliance with any requirements the Director considers necessary or advisable. Director’s decision (4) In deciding whether to approve an application for the renewal of a licence, the Director shall take into consideration the following matters, as well as any matters that the Director would be entitled to take into consideration if the Director were making a decision under subsection 13 (1): 1. The licensee’s past conduct with respect to compliance with requirements under this Act. 2. Any actions taken by the licensee in response to a compliance order. Additional limitations and …

10 (1) A licensee shall not relocate an integrated community health services centre without the prior approval of the Director. Application (2) A licensee may apply to the Director for approval to relocate an integrated community health services centre. Approval (3) The Director may approve the relocation subject to such limitations and conditions as the Director considers necessary or advisable. No appeal (4) For greater certainty, section 15 does not apply to a decision to not approve a relocation. Limitation on relocation (5) The Director shall not approve the relocation of an integrated community health services centre to a location described in subsection 6 (5).

11 (1) A licence is not transferable without the prior approval of the Director. Application (2) A licensee may apply to the Director for approval of the transfer of a licence. Criteria (3) In deciding whether to approve an application for the transfer of a licence, the Director shall treat the proposed transferee of the licence as if the proposed transferee were an applicant for a licence and, for the purpose, subsection 6 (1) applies with necessary modifications. Considerations not required (4) Despite subsection (3), clause 6 (1) (a) does not apply to the decision to approve the transfer and, for greater certainty, the Director is not required to take into account the considerations set out in subsection 6 (2). Compliance with requirements (5) The Director may conditionally approve a transfer subject to compliance by the licensee or the proposed transferee with any requirements the Di…

12 (1) Where the Director is of the opinion that an integrated community health services centre should continue to operate after the expiry, surrender, suspension or revocation of the licence, after the death of the licensee or after the licensee ceases to operate the centre, the Director, by a written order, may take control of and operate the centre for a period not exceeding one year. Authority of Director (2) Where the Director takes control of and operates an integrated community health services centre under subsection (1), the Director has all the powers of the licensee and the Director may appoint one or more persons to operate the centre and each person so appointed is a representative of the Director. Payment for services and compensation for property (3) Where the Director takes control of an integrated community health services centre, the licensee, former licensee or estate o…

Revocations, Suspensions, Refusals to Renew and Licence Amendments

13 (1) The Director may revoke or suspend a licence where, (a) the licensee, any member of the licensee’s staff, an employee of the licensee or any regulated health professional affiliated with the integrated community health services centre is in contravention of any of the following, (i) the requirements under this Act, (ii) any other Act or regulation of Ontario, or (iii) any Act or regulation of Canada; (b) there is a breach of a limitation or condition of the licence; (c) any person has made a false or misleading statement in any application made under this Act; (d) any person has made a false or misleading statement in any report or document, or in any other information, that is requested by the Director or that is otherwise required to be furnished by this Act or the regulations or any other Act or regulation that applies to the integrated community health services centre; (e) the…

14 (1) The Director may at any time amend the limitations and conditions of a licence, which may include adding or eliminating a service from the list of services in respect of which an integrated community health services centre is licensed. Application (2) A licensee may submit an application to the Director to amend the limitations and conditions of their licence by adding a service to the list of services in respect of which the integrated community health services centre is licensed. Approval (3) The Director may approve an application under subsection (2) subject to such limitations and conditions as the Director considers necessary or advisable. Eliminating service (4) Despite subsection (1), the Director shall not amend the limitations and conditions of a licence to eliminate a service from the list of services in respect of which an integrated community health services centre is…

15 (1) If the Director does not approve the renewal of a licence under section 9, revokes or suspends a licence under subsection 13 (1) or amends the limitations and conditions of a licence under subsection 14 (1) to eliminate a service from the list of services in respect of which an integrated community health services centre is licensed, the Director shall serve notice of the decision, together with written reasons, on the licensee. Notice requiring hearing by Board (2) A notice under subsection (1) shall inform the licensee that the licensee is entitled to a hearing by the Board if the licensee mails or delivers, within 15 days after the notice under subsection (1) is served on the licensee, notice in writing requiring a hearing to the Director and the Board, and the licensee may so require such a hearing. No stay (3) Despite section 25 of the Statutory Powers Procedure Act, a reques…

16 (1) The Director, the person who has requested the hearing and any other person the Board may specify are parties to proceedings before the Board under this Act. Submissions (2) The Board may permit any person who is not a party before it to make written or oral submissions to the Board and, where it does so, those submissions may be made either personally or through a person authorized under the Law Society Act to represent the non-party. Examination of documentary evidence (3) A party to proceedings shall be afforded an opportunity to examine, before the hearing, any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. Members holding hearing not to have taken part in investigation, etc. (4) Members of the Board holding a hearing shall not have taken part before the hearing in any investigation or conside…

17 (1) Any party to proceedings before the Board may appeal from its decision or order to the Divisional Court on a question of law alone. Record to be filed in court (2) Where any party appeals under subsection (1), the Board shall promptly file in the Divisional Court the record of the proceedings before it in which the decision was made, which, together with the transcript of evidence if it is not part of the Board’s record, shall constitute the record in the appeal. Powers of court on appeal (3) On an appeal under subsection (1), the Divisional Court may affirm or may rescind the decision of the Board or the court may refer the matter back to the Board for rehearing, in whole or in part, in accordance with such directions as the court considers proper. Final decision (4) The decision of the Divisional Court under this section is final.

18 (1) The Minister may direct the Director in writing to, (a) revoke or refuse to renew a licence; or (b) amend the limitations and conditions of a licence to eliminate a service from the list of services in respect of which the integrated community health services centre is licensed. Matters to be considered (2) In deciding whether or not to issue a direction under subsection (1), the Minister shall take into account the considerations listed in subsection 6 (2). Notice to licensee (3) Upon receipt of a direction under subsection (1), the Director must give the licensee at least six months written notice of the revocation, refusal to renew or elimination of services from the list of services in respect of which an integrated community health services centre is licensed. No appeal (4) For greater certainty, section 15 does not apply to a refusal to renew a licence, a revocation of a lic…

Licensee Requirements

19 (1) Every application under this Part must, (a) be in a form acceptable to the Director; and (b) contain any information, which may include personal information, that the Director considers necessary or advisable. Director may request additional information (2) The Director may request additional information from any person in respect of any application under this Part. Information deemed to be supplied in confidence (3) Any information that the Director collects in relation to an application submitted under this Part shall be deemed, for the purposes of section 17 of the Freedom of Information and Protection of Privacy Act, to have been supplied in confidence to the Director.

20 (1) Every licensee shall comply with every applicable requirement under this Act. Quality and safety standards (2) Every licensee shall comply with the applicable quality and safety standards. Licensee responsible (3) If the Director or an inspector is of the opinion that any person under the control of a licensee is failing to comply with a requirement under this Act, the licensee shall be deemed not to have complied with the relevant requirement, and the Director or inspector may take any action permitted under this Act in consequence.

21 Every licensee shall provide truthful, complete and accurate information in any application, report, document or in any other information required or requested under this Act or as a limitation and condition of a licence or of receiving funding.

22 Every licensee shall, in accordance with the requirements provided for in the regulations, establish and maintain a process for receiving and responding to patient complaints.

23 (1) Every licensee shall, in accordance with the requirements provided for in the regulations, if any, establish and maintain a process for the review of incidents. Reporting of incidents (2) Every licensee shall, in accordance with the requirements provided for in the regulations, if any, report incidents to the Director, and the report may include any necessary personal information related to such incidents. Definition (3) In this section, “incident” means any unintended event that occurs when a patient receives services in an integrated community health services centre that, (a) results in death, or serious disability, injury or harm to the patient, and (b) does not result primarily from the patient’s underlying medical condition or from a known risk inherent in providing the service.

24 (1) Every licensee shall post any prescribed documents and information in a prominent place clearly visible to members of the public at or near the entrance of the integrated community health services centre and on the centre’s website, if any. Compliance with regulations (2) The prescribed documents and information must be posted in compliance with the requirements provided for in the regulations, if any.

25 A licence shall not be used as security for the payment or performance of an obligation, and any transaction purporting to use a licence as security for the payment or performance of an obligation is void.

26 (1) A licensee shall not enter into a contract that may result in, (a) a change in the beneficial ownership of the licence without a corresponding transfer of the licence; or (b) in the case of a licensee that is a corporation, a person acquiring or increasing an interest affecting the control of the corporation while it is a licensee. Exception (2) Subsection (1) does not apply if the licence includes a limitation or condition as to the ownership or control of the licensee and the contract would not result in a breach of a limitation or condition.

27 A licensee that is a private company as defined in the Securities Act shall not permit an issue or transfer of its voting shares except in accordance with the limitations and conditions of the licence.

28 (1) A licensee that is a corporation shall notify the Director in writing within 15 days of any change in the officers or directors of the corporation. Same (2) Where a corporation has an interest in a licence and there is reasonable ground for belief that an event will occur whereby a person would acquire an interest or increase an interest affecting the control of the corporation while the corporation has an interest in the licence, the corporation shall immediately notify the Director.

PART IV PAYMENTS AND ACCOUNTABILITY

29 (1) The Minister may pay all or part of the facility costs or other operating costs of an integrated community health services centre. Other prescribed costs (2) The Minister may pay any other prescribed costs of an integrated community health services centre. Prohibition on charging of facility costs (3) No person shall charge a facility cost, or accept payment of a facility cost, for or in respect of a service provided in an integrated community health services centre unless the centre is operated by a licensee. Facility costs may only be charged to Minister or prescribed person (4) No person shall charge or accept payment of a facility cost unless the facility cost is charged to, and the payment accepted from, the Minister or a prescribed person. No preferences (5) No person shall, (a) charge or accept payment for providing an insured person with a preference in obtaining access to…

30 (1) For the purposes of this Act, every licensee shall maintain such records as may be necessary to establish whether they have provided a service to a person for or in respect of which a facility cost is charged or paid. Same, providing service (2) For the purposes of this Act, every licensee shall maintain such records as may be necessary to demonstrate that a service for which they prepare or submit a claim for payment is the service that they provided. Same, necessary service (3) For the purposes of this Act, every licensee shall maintain such records as may be necessary to establish whether a service they have provided is medically or therapeutically necessary. Prompt preparation (4) The records described in subsections (1), (2) and (3) must be prepared promptly when the service is provided. Presumption (5) In the absence of a record described in subsection (1) or (3), it is pres…

31 The Minister shall refuse to pay if the claim for payment is not prepared in the required form, does not meet the prescribed requirements or is not submitted to the Minister within the prescribed time. However, the Minister may pay if, in the Minister’s opinion, there are extenuating circumstances.

32 (1) Under any of the following circumstances, the Minister may, with respect to a claim for payment for a service provided by a licensee, refuse to pay for the service, pay a reduced amount for the service, pay for the service the Minister considers to have been provided and not the service described in the claim that was submitted or require reimbursement of the amount paid for the service: 1. If the Minister is of the opinion that any or all of the following apply: i. All or part of the service was not in fact rendered. ii. The service has not been rendered in accordance with a requirement under this Act. iii. There is an absence of a record described in section 30. 2. If the Minister is of the opinion that the nature of the service is misrepresented, whether deliberately or inadvertently. 3. If the Minister is of the opinion that all or part of the service was not provided in accor…

33 The Minister may require reimbursement from a person for an amount paid under this Act in support of an insured service rendered to the person if, after the payment is made, the Minister determines that the person was not an insured person and was not entitled to have a payment made under this Act with respect to the service.

34 The requirement to reimburse the Minister under section 32 or 33 creates a debt owed to the Crown in right of Ontario in the amount set out in the decision of the Minister.

35 Sections 32, 33 and 34 apply, with necessary modifications, to services or payments that occurred under the Independent Health Facilities Act before that Act was repealed.

36 Nothing in this Act prevents the Minister and a licensee from entering into an agreement at any time, and despite any other provision of this Act, with respect to amounts to be paid or recovered with respect to claims for services. However, for greater certainty, the Minister is not required to enter into any such agreement.

37 Where the Minister has required payment under section 32, interest accrues on the amount that is required to be paid commencing on the date of the Minister’s decision, at the rate for postjudgment interest provided for under section 127 of the Courts of Justice Act.

38 (1) The following persons may request a hearing by the Board with respect to the following matters: 1. A licensee may request a hearing to review a decision of the Minister under subsection 32 (3) or (4). 2. A person may request a hearing to review a decision of the Minister under section 33. Notice of request (2) The person requesting a hearing shall file a notice of the request within 30 days after receiving notice of the decision of the Minister. Restrictions on hearing requests (3) For greater certainty, (a) a licensee may request a hearing only for those matters provided for under subsection 32 (3) or (4) and with respect to them and only those matters may be the subject of a hearing by the Board in accordance with this Act; and (b) a licensee may not request a hearing with respect to a decision by the Minister to pursue a remedy in contract or otherwise by operation of law.

39 (1) If a person requests a hearing, the Board shall appoint a time for and hold the hearing and following the hearing may, by order, direct the Minister to take such action as the Board considers the Minister should take in accordance with this Act and the regulations. Extension of time for hearing (2) The Board may extend the time for the giving of notice by a person requesting a hearing under this section, either before or after expiration of such time, where it is satisfied that there are apparent grounds for granting relief to the claimant pursuant to a hearing and that there are reasonable grounds for applying for the extension, and the Board may give such directions as it considers proper regarding the extension. Onus (3) In any hearing under this section, the onus is on the licensee or other person to establish that the decision of the Minister is not in accordance with this Ac…

40 (1) Any party to the proceedings before the Board under section 39 may appeal from its decision or order to the Divisional Court in accordance with the rules of court. Record to be filed in court (2) Where any party appeals from a decision or order of the Board, the Board shall promptly file in the Divisional Court the record of the proceedings before it in which the decision was made, which, together with the transcript of evidence, if it is not part of the Board’s record, shall constitute the record in the appeal. Powers of court on appeal (3) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the Board and may exercise all powers of the Board to direct the Minister to take any action which the Board may direct the Minister to take and as the court considers proper and for such purposes the court may s…

41 (1) In this section, “Plan” means the Ontario Health Insurance Plan referred to in section 10 of the Health Insurance Act. Plan to reimburse facility cost (2) Where the Director is satisfied that a person has paid a facility cost, all or part of which was charged in contravention of section 29, the Director may direct that the amount of the facility cost that was charged in contravention of section 29 be paid to the person out of the Plan. Fee is debt to Plan (3) The person who charged the facility cost referred to in subsection (2) is indebted to the Plan for an amount equal to the amount paid out of the Plan under subsection (2) and the administrative charge prescribed by the regulations. Set-off against Plan (4) If the person who charged the facility cost referred to in subsection (2) is a person who submits accounts directly to the Plan, then, subject to subsections (5), (6) and (…

PART V INSPECTIONS AND COMPLIANCE ORDERS

Inspections

42 (1) The Minister or the Director may appoint, in writing, one or more persons, or the members of any class of persons, as inspectors for the purpose of ensuring compliance with this Act and the regulations, subject to any limitations the Minister or Director may provide for in the appointment. Inspectors by virtue of office (2) Every reviewer appointed under the Health Insurance Act is, by virtue of office, an inspector for the purposes of this Act and shall be deemed to have been appointed for the purpose mentioned in subsection (1). Certificate of appointment (3) The Minister or Director shall issue to every inspector appointed under subsection (1) a certificate of appointment which the inspector shall produce, upon request, when acting in the performance of their duties. An inspector mentioned in subsection (2) shall produce their certificate of appointment issued under the Health …

43 (1) The regulations may prescribe one or more organizations as inspecting bodies of integrated community health services centres for the purposes of this Act and the regulations. Power to act (2) Every organization that is prescribed as an inspecting body is deemed to have among its objects all the powers necessary to act as an inspecting body for the purposes of this Act and the regulations. Responsibilities of inspecting bodies (3) Subject to the regulations, an inspecting body has the following powers and responsibilities with respect to the integrated community health services centres that are provided for in the regulations: 1. Establishing, maintaining and publishing quality and safety standards for integrated community health services centres. 2. Establishing schedules for the regular inspection of integrated community health services centres. 3. Providing for the inspection of…

44 (1) An inspector acting within the scope of their appointment may enter any of the following places at any reasonable time to conduct inspections in accordance with the purpose for which the inspector was appointed: 1. A licensed integrated community health services centre, or a place in respect of which an application for or related to a licence has been made. 2. Any business premises of a person or entity that owns or operates one or more integrated community health services centres. 3. Any place that the inspector suspects, on reasonable grounds, is operating as an integrated community health services centre. 4. Any place where a licensee or other person who may be operating an integrated community health services centre maintains records that relate in any way to, i. the charging and accepting of facility costs, or ii. the provision of services at an integrated community health se…

45 (1) In any proceeding, other than a prosecution, a copy of an inspection report that appears to be signed by an inspector or the Director, or a copy of a decision of the Director made under this Act, is admissible as evidence of the inspection report or decision and of the facts appearing in the document without further proof. Same (2) In any proceeding, other than a prosecution, a copy of a record or thing made under clause 44 (4) (c) that appears to be certified as a true copy of the original by an inspector is admissible as evidence of the record or thing and of the facts appearing in it without further proof. Same, prosecution (3) In any prosecution, a copy of a decision, direction or inspection report made under this Act that appears to be signed by an inspector or the Director is admissible as evidence, in the absence of evidence to the contrary, of the decision, direction or in…

46 (1) On application without notice, a justice may issue an order authorizing an inspector named in the order to enter a place specified in the order and to exercise any of the powers mentioned in subsection 44 (4), if the justice is satisfied on information under oath that the inspector has been prevented from entering a place that may be entered under section 44, or has been prevented from exercising a power mentioned in subsection 44 (4), or that there are reasonable grounds to believe that the inspector will be prevented from entering the place or exercising the power. Expiry (2) An order shall name a date on which it expires, which shall not be later than 30 days after the order is issued. Extension of time (3) A justice may extend the date on which an order expires for an additional period of no more than 30 days, upon application without notice by the inspector named in the order…

47 Where an inspector is conducting an inspection under section 44 or executing an order under section 46 or where a provincial offences officer is executing a warrant under section 158 or 158.1 of the Provincial Offences Act with respect to a matter relevant to this Act, no person shall, (a) hinder, obstruct or interfere with the inspector or officer, or otherwise impede the inspector or officer; (b) destroy or alter a record or other thing that has been demanded under clause 44 (4) (b) or that is subject of a warrant under section 158 or 158.1 of the Provincial Offences Act; or (c) fail to do anything required under subsections 44 (6) or (8) or subsection 48 (7).

48 (1) On application without notice by a provincial offences officer, a justice may issue a production order to a person, other than a person under investigation for an offence, requiring the person to, (a) produce documents or copies of documents, certified by affidavit to be true copies, or produce data; or (b) prepare a document based on documents or data already in existence and produce it. Contents of order (2) A production order must stipulate when, where and how the documents or data are to be produced, and to whom they are to be produced. Grounds (3) A justice may make a production order if satisfied by information given under oath or affirmation that there are reasonable grounds to believe that, (a) an offence under this Act has been or is being committed; (b) the document or data will provide evidence respecting the offence or suspected offence; and (c) the person who is subje…

Compliance Orders

49 (1) The Director may order a licensee to, (a) do anything, or refrain from doing anything, to achieve compliance with a requirement under this Act; (b) prepare, submit and implement a plan for achieving compliance with a requirement under this Act; or (c) ensure that specified licensed services are not provided at the integrated community health services centre until the licensee achieves compliance with a requirement under this Act. Same, inspecting body (2) An inspecting body may order a licensee to do anything set out in clause (1) (a) or (b). Grounds (3) A compliance order under subsection (1) or (2) may be made if, in the opinion of the Director or inspecting body, after considering any factors provided for in this Act or the regulations, the licensee has not complied with a requirement under this Act or, if in the opinion of the Director or inspecting body, it is necessary or ad…

PART VI MISCELLANEOUS

50 Where the Minister or Director makes a decision under this Act, they may consider any person’s current or past failures to comply with a requirement under this Act or under any other Act that they may consider relevant.

51 (1) Except where otherwise provided, any notice required by or provided for in this Act may be served by, (a) personal service; (b) courier; (c) registered mail; (d) electronic means; or (e) any other prescribed method. When effective (2) Service of a notice is effective, (a) in the case of a notice under clauses (1) (a) to (d), on the day of delivery; and (b) in the case of a notice under clause (1) (e), as provided for in the regulations. Service by lettermail (3) Where an attempt has been made to effect service by a method set out in subsection (1), and for any reason service could not be effected, service may be made by lettermail. Same (4) Service by lettermail shall be deemed to be effective 14 business days after the day of mailing, unless the person or entity on whom service is to be made establishes that the notice was not received until a later date for reasons that they cou…

52 No person, including an inspector or a person who, at the request of an inspector, accompanies an inspector in doing anything authorized under this Act, is a compellable witness in a civil suit or any proceeding respecting any information or material furnished, obtained, made or received by them in the course of performing a function or duty or exercising a power under this Act.

53 In a prosecution for an offence under this Act or where documents or materials provided for under section 48 of this Act or sections 158 to 160 of the Provincial Offences Act are filed with a court in relation to an inspection or an investigation into an offence under this Act, the court may, at any time, take precautions to avoid the disclosure by the court or any person of any personal information about an individual, including, where appropriate, (a) removing the identifying information of any person whose personal 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.

54 (1) In any proceeding under this Act, the Health Insurance Act or the Commitment to the Future of Medicare Act, 2004, a document purporting to be an extract of data or information from any database maintained and used by the Ministry in the ordinary course of business to record and track information about claims made under this Act or the Health Insurance Act and payments made under this Act or that Act that appears to be certified as a true extract by the Director or by the General Manager under the Health Insurance Act is admissible as evidence of the information contained in the extract and of the facts appearing in it without further proof. Prosecutions (2) Subsection (1) does not apply in respect of a prosecution.

55 (1) A copy of any of the following may be filed with the Superior Court of Justice after the time in which an appeal may be made has passed, and once filed shall be entered in the same way as a judgment or order of the Superior Court of Justice and is enforceable as an order of that court: 1. A decision of the Board made under this Act. 2. An agreement to reimburse the Minister or the Plan signed by a licensee. 3. A decision of the Minister under section 32 or 33. Personal property charge (2) Anything that may be filed under subsection (1) may also be entered as a lien and charge with the registrar under the Personal Property Security Act. Set-off (3) For greater certainty, nothing under this section affects any right of set-off that the Minister possesses under this Act.

56 (1) Subject to the regulations, if any, the Minister is authorized to publish information, including personal information other than personal health information, that relates to any payments under this Act to a licensee. Same, Director (2) The Director is authorized to publish any information that relates to compliance with licensing and quality and safety standards under this Act, including personal information other than personal health information.

57 (1) Every inspecting body and every inspector appointed by an inspecting body shall keep confidential all information that comes to their knowledge in the course of performing a function or duty or exercising a power related to the administration of this Act, subject to subsection (2). Disclosure (2) An inspecting body or inspector appointed by an inspecting body may disclose information described in subsection (1), (a) to the Director, upon request of the Director or for purposes related to this Act, the Health Insurance Act or the Commitment to the Future of Medicare Act, 2004; (b) to comply with any requirement under this Act to post the information or to make the information public; (c) where the person to whom the information relates has consented to the disclosure; (d) where the disclosure of the information is required or permitted by a law of Ontario or Canada; (e) where discl…

58 (1) The Minister may directly or indirectly collect personal information or use personal information, subject to such conditions as may be prescribed, for purposes related to the administration of this Act, the Health Insurance Act or the Commitment to the Future of Medicare Act, 2004 or for such other purposes as may be prescribed. Disclosure (2) The Minister shall disclose personal information, subject to such conditions as may be prescribed, if the disclosure is necessary for purposes related to the administration of this Act, the Health Insurance Act or the Commitment to the Future of Medicare Act, 2004 or for such other purposes as may be prescribed, but shall not disclose the information if, in the Minister’s opinion, the disclosure is not necessary for those purposes. Does not limit other use or disclosure (3) Subsections (1) and (2) do not limit the Minister’s authority to use…

59 (1) The Director may request, at any time, that a licensee or other person disclose to the Director, or to a person specified by the Director, any information or reports that the Director considers necessary or advisable for purposes related to the administration of this Act or the Health Insurance Act or for other prescribed purposes, and the licensee or other person shall comply with the request. Same (2) The information referred to under subsection (1) may include personal information. Application (3) This section applies despite anything in the Regulated Health Professions Act, 1991, an Act listed in Schedule 1 to the Regulated Health Professions Act, 1991 or any regulations made under those Acts. Form and time (4) The information referred to in subsection (1) shall be provided in the form, and within the time, specified by the Director. Rules re providing records and information …

60 (1) No cause of action arises against any current or former member of the Executive Council, the Director, an inspector appointed under this Act, an inspecting body or an officer, employee or agent of the Crown 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, functions or authority under this Act. Crown remains vicariously liable (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) of this section does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). Proceedings barred (3) No proceeding shall be commenced against …

61 No compensation shall be payable by the Crown, the Minister, the Director or any other person engaged in the administration of this Act in respect of any loss suffered as a result of, (a) the Director refusing to issue or renew a licence, revoking or suspending a licence, imposing limitations and conditions on a licence, amending limitations and conditions on a licence or refusing to approve the transfer of a licence; (b) the Director approving or refusing to approve the relocation of an integrated community health services centre; (c) enforcement of the prohibitions under section 4 or 29; or (d) a compliance order issued under section 49.

62 (1) The following rules apply to any inspection, assessment or related proceeding under the Independent Health Facilities Act that was not finally determined on the day that Act was repealed: 1. The inspection, assessment or proceeding, and any related proceedings, are continued. 2. The inspection, assessment or proceeding, and any related proceedings, shall be dealt with in accordance with the Independent Health Facilities Act, as it read immediately before its repeal. 3. The appointments of any persons under the Independent Health Facilities Act are continued for the purpose of disposing of the inspection, assessment or proceeding and any related proceeding until those issues have been finally determined. Same (2) When this subsection comes into force, every licence for an independent health facility under the Independent Health Facilities Act that was in force immediately before th…

PART VII OFFENCES AND COMPLIANCE

63 (1) Every person who contravenes section 4, 10, 11, subsection 20 (2) or section 25, 26, 27, 29, 47 or 57 is guilty of an offence. Same (2) Every person is guilty of an offence who fails to comply with, (a) a request for information under section 59; or (b) a compliance order. Breach of regulations (3) Every person who contravenes the regulations is guilty of an offence. Penalty, individual (4) Every individual who is convicted of an offence under this section is liable, for each day or part of a day on which the offence occurs or continues, (a) for a first offence, to a fine of not more than $50,000 or, subject to subsection (6), 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, subject to subsection (6), to imprisonment for a term of not more than 12 months, or to both. Same, corporation (5) E…

64 (1) In addition to any other remedy and to any penalty imposed by law, a contravention of section 4 or 29 may be restrained by action at the instance of the Attorney General. Restraining order upon conviction (2) Upon its own initiative or upon application by counsel for the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other remedy and to any penalty imposed by law, may make an order prohibiting the continuation or repetition by the person of the action that constitutes the offence.

PART VIII REGULATIONS

65 (1) The Lieutenant Governor in Council may make regulations, 1. providing for and governing anything that this Act refers to as being prescribed or provided for in the regulations, or as being required to be done in accordance with the regulations or as being subject to the regulations; 2. defining or clarifying the meaning of any word or expression used in this Act that is not otherwise defined in this Act; 3. providing for exemptions from this Act or any provision of this Act, subject to any conditions that may be set out in the regulation; 4. prescribing charges, fees or payments that are or are not facility costs for the purposes of this Act; 5. prescribing health facilities that are or are not integrated community health services centres for the purposes of this Act; 6. providing for additional powers, functions and duties of the Director; 7. governing the issuance, renewal, tran…

66, 67 Omitted (repeals or revokes other legislation). Part X (OMITTED)

68-87 Omitted (repeals or revokes other legislation). Part XI (OMITTED)

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

89 Omitted (enacts short title of this Act). ________