Ministry of Health and Long-Term Care Act

1 In this Act, “Deputy Minister” means the Deputy Minister of Health and Long-Term Care; (“sous-ministre”) “health facility” means a health facility as defined in the Health Insurance Act; (“établissement de santé”) “Minister” means the Minister of Health and Long-Term Care; (“ministre”) “Ministry” means the Ministry of Health and Long-Term Care; (“ministère”) “personal information” means personal information as defined in the Freedom of Information and Protection of Privacy Act and includes personal health information as defined in the Personal Health Information Protection Act, 2004; (“renseignements personnels”) “physician” means a legally qualified medical practitioner lawfully entitled to practise medicine in the place in which such practice is carried on by him or her; (“médecin”) “practitioner” means a person other than a physician who is lawfully performing health services in the…

2 The ministry of the Minister is hereby continued under the name Ministry of Health and Long-Term Care in English and ministère de la Santé et des Soins de longue durée in French. 2002, c. 18, Sched. I, s. 15 (5). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. I, s. 15 (5) - 26/11/2002

3 (1) The Minister shall preside over and have charge of the Ministry and all its functions. R.S.O. 1990, c. M.26, s. 3 (1). Administration of Acts (2) The Minister is responsible for the administration of this Act and any other Acts that are assigned to him or her by the Legislature or by the Lieutenant Governor in Council. R.S.O. 1990, c. M.26, s. 3 (2). Delegation (3) The Minister may delegate, in writing, any of his or her powers or duties under this or any other Act or otherwise at law to any of the following persons and may impose conditions and restrictions with respect to the delegation: 1. The Deputy Minister. 2. An associate deputy minister or assistant deputy minister of the Ministry. 3. A public servant employed under Part III of the Public Service of Ontario Act, 2006. 4. Any officer or member of the board of an agency or other entity for which the Minister has been assigned…

4 The Deputy Minister shall perform such duties and functions as are assigned to him or her by the Lieutenant Governor in Council or the Minister. R.S.O. 1990, c. M.26, s. 4.

5 Such employees may be appointed under Part III of the Public Service of Ontario Act, 2006 as are required from time to time for the proper conduct of the business of the Ministry. R.S.O. 1990, c. M.26, s. 5; 2006, c. 35, Sched. C, s. 75 (3). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 75 (3) - 20/08/2007

6 (1) It is the function of the Minister and he or she has power to carry out the following duties: 1. To advise the Government in respect of the health of the people of Ontario. 2. To oversee and promote the health and the physical and mental well-being of the people of Ontario. 3. To be responsible for the development, co-ordination and maintenance of comprehensive health services and a balanced and integrated system of hospitals, long-term care homes, laboratories, ambulances and other health facilities in Ontario. 4. To enter into agreements for the provision of health services and equipment required therefor and for the payment of remuneration for such health services on a basis other than fee for service. 4.1 To enter into agreements with Indigenous organizations to provide for home and community care services for Indigenous communities. 5. To institute a system for payment of amou…

7 The Minister, with the approval of the Lieutenant Governor in Council, may on behalf of the Government of Ontario make agreements with municipalities or other persons or corporations respecting the provision of hospitals and health facilities, and services and personnel thereof. R.S.O. 1990, c. M.26, s. 7.

8 (1) The Minister may, on behalf of the Government of Ontario, enter into agreements to indemnify CBSCI, or any other person or entity approved by the Lieutenant Governor in Council, for Ontario’s pro rata share of amounts payable by CBSCI, the person or entity under the terms of one or more insurance policies issued by it in favour of the Canadian Blood Services and other persons or entities named in the insurance policy. 2006, c. 33, Sched. T, s. 1. Limit on indemnification (2) An indemnification provided pursuant to an agreement under subsection (1) shall not exceed Ontario’s pro rata share of the greater of the following: 1. $750,000,000. 2. An amount prescribed in the regulations made under subsection (3). 2006, c. 33, Sched. T, s. 1. Regulations (3) The Lieutenant Governor in Council may make regulations prescribing an amount for the purposes of paragraph 2 of subsection (2). 2006…

8.1 (1) The Minister shall establish the following councils: 1. One or more Indigenous health councils to advise the Minister about health and service delivery issues related to Indigenous peoples. 2. A French language health services advisory council to advise the Minister about health and service delivery issues related to francophone communities. 2019, c. 5, Sched. 2, s. 1. Members (2) The Minister shall engage with Indigenous communities before appointing members of a council established under paragraph 1 of subsection (1). 2019, c. 5, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 1994, c. 26, s. 74 (1) - 31/03/1995 2006, c. 4, s. 48 (1) - 28/03/2006 2019, c. 5, Sched. 2, s. 1 - 31/01/2020

9 The Lieutenant Governor in Council or the Minister may appoint committees to perform such advisory functions as are considered necessary or desirable in order to assist the Minister in the discharge of his or her duties. R.S.O. 1990, c. M.26, s. 9.

10 The Minister may establish a Patient and Family Advisory Council to provide patient perspectives and advice on strategic health policy priorities to the Minister. 2016, c. 30, s. 41. Section Amendments with date in force (d/m/y) 1997, c. 15, s. 12 (1) - 10/10/1997 2016, c. 30, s. 41 - 08/12/2016

11 No land, building or other premises or place or any part thereof acquired or used for the purposes of a regional school of nursing, institute or training centre approved by the Minister for the education of registered nurses, registered nursing assistants, medical laboratory technicians, radiological technicians, ambulance personnel or any other health care personnel for which a grant or loan has been made by the Government shall be sold, leased, mortgaged or otherwise disposed of without the approval of the Minister. R.S.O. 1990, c. M.26, s. 11.

11.1 (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 physician, practitioner or health facility within the meaning of the Health Insurance Act, including payments that are made to a person or entity pursuant to an agreement under paragraph 4 of subsection 6 (1). 2019, c. 15, Sched. 15, s. 36 (2). Exception (2) This section does not authorize the publication by the Minister of information concerning an opinion that the General Manager has formed under subsection 18 (8) or section 18.2 of the Health Insurance Act, or a hearing that the General Manager has requested in connection with such an opinion. 2019, c. 15, Sched. 15, s. 36 (2). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 15, s. 36 (2) - 10/12/2019

11.2 (1) If a person suffers personal injuries as the result of the negligence or other wrongful act or omission of another, the Minister is subrogated to the right of the injured person to recover the costs incurred and that will probably be incurred for the following: 1. Home and community care services for which funding is provided under section 21 of the Connecting Care Act, 2019. 2. Long-term care services provided to the person by a licensee under the Fixing Long-Term Care Act, 2021. 3. Repealed: 2020, c. 13, Sched. 2, s. 2 (2). 2020, c. 13, Sched. 2, s. 2 (1, 2); 2021, c. 39, Sched. 2, s. 14. Direct cause of action (2) If the Minister has paid for services referred to in subsection (1) as a result of the negligence or other wrongful act or omission of a person, the Minister has a right, independent of the Minister’s subrogated right under subsection (1), to recover, directly again…

12 (1) Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations, (0.a) prescribing persons or classes of person for the purposes of paragraph 5 of subsection 3 (3); (a) to prescribe and govern the standards for the facilities for providing care, treatment and services in hospitals and health facilities; (a.1) governing and respecting the information that may be published under section 11.1; (b) providing for the transportation of patients from one hospital or health facility to another hospital or health facility; (c) providing for the transportation of organs, biologicals and surgical and other health care supplies and equipment; (c.1) Repealed: 2002, c. 18, Sched. I, s. 15 (8). (d)-(d.3) Repealed: 2006, c. 4, s. 48 (2). (e) prescribing the proportions of standard ward, semi-private and private accommodation that shall be provided in individual ho…

13 The Minister after the close of each year shall submit to the Lieutenant Governor in Council an annual report upon the affairs of the Ministry and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. M.26, s. 13. ______________