Health Facilities Special Orders Act

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Sections41

• 1Definitions

  1 In this Act, “ambulance service” has the same meaning as in the Ambulance Act; (“service d’ambulance”) “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Review Boards Act, 1998; (“Commission”) “health facility” means, (a) an ambulance service under the Ambulance Act, (b) Repealed: 2007, c. 8, s. 208 (1). (c) a private hospital under the Private Hospitals Act, (d) a laboratory or a specimen collection centre under the Laboratory and Specimen Collection Centre Licensing Act; (“établissement de santé”) “laboratory” has the same meaning as in the Laboratory and Specimen Collection Centre Licensing Act; “licence” means a certificate issued under the Ambulance Act to the operator of an ambulance service or any of the following licences: 1. Repealed: 2007, c. 8, s. 208 (2). 2. A licence to use a house as a private hospital und…

• 1.
• 2Purposes

  2 The purposes of this Act are: 1. To enable the Minister to act expeditiously to prevent, eliminate or reduce harm to any person, an adverse effect on the health of any person or impairment of the safety of any person caused or likely to be caused by the physical state of a health facility or the manner of operation of a health facility. 2. To enable the Minister to act expeditiously where the conduct of a licensee or of an officer or director of a corporate licensee affords reasonable grounds for belief that the health facility is not being or is not likely to be operated with competence, honesty, integrity and concern for the health and safety of persons served by the health facility. R.S.O. 1990, c. H.5, s. 2.

• 2.
• 3Suspension of licence, etc.

  3 (1) Where the Minister is of the opinion upon reasonable grounds, (a) that the physical state of a health facility or the manner of operation of the health facility by the licensee is causing or is likely to cause harm to or an adverse effect on the health of any person or impairment of the safety of any person; and (b) that it is practicable to correct the physical state or the manner of operation, as the case may be, of the health facility so that it will not cause harm to or an adverse effect on the health of any person or impairment of the safety of any person, the Minister, by a written order, may suspend the licence of a health facility other than an ambulance service, and in the case of an ambulance service may require that the licensee suspend the provision of ambulance services, until the Minister is satisfied that the physical state or the manner of operation, as the case may…

• 3.
• 4Order to suspend or cease an activity

  4 Where the Minister is of the opinion upon reasonable grounds that an activity carried on, or the manner of carrying on an activity, in the course of the operation of a health facility is causing or is likely to cause harm to or an adverse effect on the health of any person or impairment of the safety of any person, the Minister by a written order may require the licensee, (a) to suspend the carrying on of the activity until the Minister is satisfied that the carrying on of the activity, or the manner of carrying on the activity, will not cause harm to or adversely affect the health of any person or impairment of the safety of any person; or (b) where the Minister is of the opinion that it is not practicable for the licensee or the health facility to carry on the activity without causing harm to or adversely affecting the health of any person or impairment of the safety of any person, t…

• 4.
• 5Notice of intention to make order or proposal

  5 (1) The Minister shall not, (a) make an order suspending the licence for a health facility; (a.1) make an order requiring the licensee of an ambulance service to suspend the provision of ambulance services; (b) make an order requiring the suspension of an activity carried on in the course of operating a health facility; (c) propose to revoke the licence for a health facility; or (d) propose to make an order requiring a licensee to cease carrying on an activity carried on in the course of the operation of a health facility,

• 5.
• [s5]

  unless the Minister gives the licensee written notice of the Minister’s intention, together with written reasons therefor. R.S.O. 1990, c. H.5, s. 5 (1); 1999, c. 12, Sched. J, s. 27. Explanations or representations by licensee (2) A notice by the Minister under subsection (1) shall inform the licensee that the Minister will consider any written explanations or representations in the matter submitted to the Minister by the licensee within fifteen days after the notice under subsection (1) is given to the licensee. R.S.O. 1990, c. H.5, s. 5 (2). Consideration by Minister (3) The Minister shall consider the written explanations or representations, if any, submitted by the licensee in accordance with subsection (2) before deciding whether to proceed to make an order or proposal mentioned in subsection (1). R.S.O. 1990, c. H.5, s. 5 (3). Exception (4) Subsections (1) to (3) do not apply wher…

• 6.
• 6Revocation of licence

  6 The Minister may propose to revoke the licence for a health facility where, (a) the physical state of the health facility is causing or is likely to cause harm to or an adverse effect on the health of any person or impairment of the safety of any person and it is not practicable to correct the physical state of the health facility; (b) the manner of operation of the health facility is causing or is likely to cause harm to or an adverse effect on the health of any person or impairment of the safety of any person and it is not practicable to correct the manner of operation of the health facility; or (c) the conduct of the licensee or, where the licensee is a corporation, of the corporation or an officer or director of the corporation affords reasonable grounds for belief that the health facility is not being or is not likely to be operated with competence, honesty, integrity and concern …

• 7.
• 7Order by Minister to take control of health facility

  7 (1) Where either the licence for a health facility is suspended under this Act or the licensee of an ambulance service is required by order under this Act to suspend the provision of ambulance services and the Minister is of the opinion that the health facility should continue in operation in order to provide temporarily for the health and safety of persons in the community served by the health facility, the Minister by a written order may take control of and operate the health facility for a period not exceeding six months. R.S.O. 1990, c. H.5, s. 7 (1); 1999, c. 12, Sched. J, s. 28 (1). Order by Minister, ambulance services (1.1) Where the licensee of an ambulance service is required by order under this Act to suspend the provision of ambulance services and the Minister is of the opinion that the ambulance service should continue in operation in order to provide temporarily for the h…

• 7.0.1Notice of order

  7.0.1 (1) If the Minister makes an order under section 3, 4 or 7 in respect of an ambulance service or if the Minister proposes to take any action described in clause 5 (1) (c) or (d) with respect to an ambulance service, the Minister shall, as soon as practicable after the order is made or the proposal is issued, give notice of the order or proposal to, (a) if the ambulance service provides services in an upper-tier municipality that is not part of a designated area, the municipality; or (b) if the ambulance service provides services in a designated area, the delivery agent for the area. 1999, c. 12, Sched. J, s. 29. Definitions (2) In this section, “delivery agent”, “designated area” and “upper-tier municipality” have the same meanings as in the Ambulance Act. 1999, c. 12, Sched. J, s. 29. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. J, s. 29 - 01/05/2000

• 7.1Recovery of costs for ambulance services

  7.1 (1) If the Minister takes control of an ambulance service that provides land ambulance services under subsection 7 (1) or selects a person to manage, operate and administer an ambulance service under subsection 7 (1.1), the upper-tier municipality or the delivery agent that is responsible for paying the costs associated with the provision of such services under the Ambulance Act shall reimburse the Minister for, (a) any fees, costs and expenses incurred by the Minister in ensuring the provision of the land ambulance services in the upper-tier municipality or in the delivery agent’s designated area, including the cost of any repairs under subsection 7 (6); and (b) the amount of any compensation paid by the Minister under section 9 to a person who provides land ambulance services in the upper-tier municipality or designated area. 1997, c. 30, Sched. A, s. 21 (5). Notice by Minister (2)…

• 8.
• 8Payment for services

  8 The licensee of a health facility is not entitled to payment for any service that is provided by the health facility while the health facility is under the control of the Minister under this Act, whether or not the payment is from the Crown, the Minister, the Agency within the meaning of the Connecting Care Act, 2019, a person receiving a service from the licensee or another person. 2006, c. 4, s. 45; 2019, c. 5, Sched. 3, s. 8 (1); 2019, c. 5, Sched. 3, s. 8 (2). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 45 - 28/03/2006 2019, c. 5, Sched. 3, s. 8 (1) - 06/06/2019; 2019, c. 5, Sched. 3, s. 8 (2) - 01/04/2021

• 9.
• 10.
• 9Compensation for use of property

  9 The licensee of a health facility is entitled to reasonable compensation from the Crown for the use of property of the licensee while the health facility is under the control of the Minister under this Act. R.S.O. 1990, c. H.5, s. 9.

• 10Notice of proposal to revoke

  10 (1) Where the Minister proposes to revoke a licence or to require a licensee to cease carrying on an activity, the Minister shall deliver notice of the proposal, together with written reasons therefor, on the licensee. R.S.O. 1990, c. H.5, s. 10 (1). Notice of suspension (2) Where the Minister by order either suspends the licence for a health facility, requires the licensee of an ambulance service to suspend the provision of ambulance services or requires a licensee to suspend the carrying on of an activity in a health facility, the Minister shall deliver with the order notice that the licensee is entitled to a hearing by the Board if the licensee mails or delivers, within fifteen days after the notice is served on the licensee, notice in writing to the Board and to the Minister requiring a hearing, and the licensee may so require such a hearing. R.S.O. 1990, c. H.5, s. 10 (2); 1999, …

• 11.
• 11Parties

  11 (1) The Minister, the licensee who has required the hearing and such other persons as the Board may specify are parties to proceedings before the Board under this Act. R.S.O. 1990, c. H.5, s. 11 (1). (2), (3) Repealed: 2007, c. 8, s. 208 (4). Examination of documentary evidence (4) A party to proceedings under subsection (1) 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. 2007, c. 8, s. 208 (5). Members holding hearing not to have taken part in investigation, etc. (5) Members of the Board holding a hearing shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or his, her or its representative except upon notice to and opportunity for all parties to participate, bu…

• 12.
• 12Evidence of disabled person

  12 (1) Where a party to a proceeding under this Act wishes to call as a witness in the proceeding a person who by reason of age, infirmity or physical disability is unable to attend the proceeding, the members of the Board who are holding the hearing, at the request of the party, may attend upon the witness and take the evidence of the witness. R.S.O. 1990, c. H.5, s. 12 (1). Medical report sufficient proof (2) A medical report signed by a legally qualified medical practitioner stating that the practitioner believes the witness is unable to attend a proceeding by reason of age, infirmity or physical disability is proof, in the absence of evidence to the contrary, of the inability of the witness to attend the proceeding. R.S.O. 1990, c. H.5, s. 12 (2). Opportunity to examine (3) A person shall not take evidence from a witness under subsection (1) unless reasonable notice of the time for t…

• 13.
• 13Appeal to court

  13 (1) Any party to the proceedings before the Board under this Act may appeal from its decision or order to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. H.5, s. 13 (1); 1998, c. 18, Sched. G, s. 53 (3). Record to be filed in court (2) Where any party appeals from a decision or order of the Board, the Board shall forthwith file in the Superior Court of Justice 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. R.S.O. 1990, c. H.5, s. 13 (2); 2006, c. 19, Sched. C, s. 1 (1). 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 …

• 14.
• 14When order comes into force

  14 (1) An order made under section 3 or 4 of this Act comes into force when it is delivered to the person to whom it is directed and is effective until varied or rescinded on appeal. 1999, c. 12, Sched. J, s. 31. No stay of order (1.1) An order under this Act is not stayed by a hearing or appeal held under this Act. 1999, c. 12, Sched. J, s. 31. Effect of notice of proposal to revoke (2) Where the Minister delivers notice of a proposal to revoke the licence for a health facility other than an ambulance service to the licensee of the health facility, the licence is suspended from the time of the delivery until the expiry of the time for requiring a hearing or, where a hearing is required, the final disposition of the hearing and appeal, if any, in the matter. 1999, c. 12, Sched. J, s. 31. Same, ambulance services (2.1) Where the Minister delivers notice of a proposal to revoke the licence…

• 15.
• 15Delivery of documents

  15 (1) An order, notice or document that is required or authorized to be given or delivered to a person under this Act or the regulations is sufficiently given or delivered if delivered personally or mailed to the person at his or her last address appearing in the records of the Ministry. R.S.O. 1990, c. H.5, s. 15 (1). Idem (2) Delivery of an order, notice or document mentioned in subsection (1) shall not be carried out by mail until all reasonable efforts have been made to give or deliver the order, notice or document personally. R.S.O. 1990, c. H.5, s. 15 (2).

• 16.
• 16Offence, individual

  16 (1) Every individual who knowingly fails to comply with an order under this Act is guilty of an offence and on conviction is liable, (a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both; (b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both. 2002, c. 18, Sched. I, s. 7. Same, corporation (2) Every corporation that knowingly fails to comply with an order under this Act is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence. 2002, c. 18, Sched. I, s. 7. Same, directors and officers (3) A director or officer of the corporation who authorizes or permits a contravention by the corporation under subsection (2) is guilty o…

• 17.
• 17Proceedings to restrain contravention of order

  17 Despite any other remedy or any penalty, the contravention by any person of an order made under this Act may be restrained by order of a judge of the Superior Court of Justice upon application without notice by the Minister. R.S.O. 1990, c. H.5, s. 17; 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

• 18.
• 18Regulations to supplement Act

  18 The Lieutenant Governor in Council may make regulations authorizing all such acts or things not specifically provided for in this Act as, in the opinion of the Lieutenant Governor in Council, are necessary or advisable to carry out effectively the purposes of this Act. R.S.O. 1990, c. H.5, s. 18.

• 19.
• 19Conflict

  19 The provisions of this Act are in addition to the provisions of the Ambulance Act, the Private Hospitals Act and the Laboratory and Specimen Collection Centre Licensing Act, and in the event of a conflict between a provision of one of those Acts and a provision of this Act, the provision of this Act shall prevail. 2007, c. 8, s. 208 (6). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 208 (6) - 01/07/2010 2017, c. 25, Sched. 9, s. 96 (4) - no effect - see 2023, c. 4, Sched. 1, s. 67 - 18/05/23 ______________