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Regulated Health Professions Act, 1991

Regulated Health Professions Act, 1991, S.O. 1991, c. 18

Ontario· S.O. 1991, c. 18· 234 sections· current to 2026-01-01In force

Bills that amended this Act13

  • Bill 101

    Harvey and Gurvir's Law (Providing Information about Down Syndrome to Expectant Parents, Regulated Health Professionals and the Public), 2022

    amend
    -- 2 of 4 -- Bill 101 2022 An Act to amend the Regulated Health Professions Act, 1991 respecting the provision of information about Down syndrome to expectant parents, regulated health professionals and the public Preamble Persons with Down syndrome and their families have historically faced discrimination and have been victims of eugenics.
  • Bill 129

    Regulated Health Professions Amendment Act (Freedom of Conscience in Health Care), 2017

    amend
    2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, 2017 Bill 129 An Act to amend the Regulated Health Professions Act, 1991 with respect to medical assistance in dying Mr.
  • Bill 148

    Protection of Vulnerable Seniors in the Community Act, 2015

    amend
    1 ST SESSION, 41 ST LEGISLATURE, ONTARIO 64 ELIZABETH II, 2015 1 re SESSION, 41 e LÉGISLATURE, ONTARIO 64 ELIZABETH II, 2015 Bill 148 Projet de loi 148 An Act to amend the Substitute Decisions Act, 1992 and the Regulated Health Professions Act, 1991 Loi modifiant la Loi de 1992 sur la prise de décisions au nom d’autrui et la Loi de 1991 sur les professions de la santé réglementées Ms S.
  • Bill 225

    Harvey and Gurvir's Law (Provision of Information Respecting Down Syndrome), 2020

    amend
    -- 2 of 4 -- Bill 225 2020 An Act to amend the Regulated Health Professions Act, 1991 respecting the provision of information respecting Down syndrome by regulate...
  • Bill 24

    Health Care is Not for Sale Act (Addressing Unfair Fees Charged to Patients), 2022

    amend
    1ST SESSION, 43ND LEGISLATURE, ONTARIO 1 CHARLES III, 2022 Bill 24 An Act to amend the Regulated Health Professions Act, 1991 and the Independent Health Facilities Act to address unfair fees charged to patients for health care services Ms F.
  • Bill 304

    Harvey and Gurvir's Law (Providing Information about Down Syndrome to Expectant Parents, Regulated Health Professionals and the Public), 2021

    amend
    -- 2 of 4 -- Bill 304 2021 An Act to amend the Regulated Health Professions Act, 1991 respecting the provision of information about Down syndrome to expectant parents, regulated health professionals and the public Preamble Persons with Down syndrome and their families have historically faced discrimination and have been victims of eugenics.
  • Bill 39

    Protection of Vulnerable Seniors in the Community Act, 2018

    amend
    3RD SESSION, 41ST LEGISLATURE, ONTARIO 67 ELIZABETH II, 2018 Bill 39 An Act to amend the Substitute Decisions Act, 1992 and the Regulated Health Professions Act, 1991 Ms S.
  • Bill 40

    Regulated Health Professions Amendment Act (Treating Spouses), 2013

    amend
    2ND SESSION, 40 TH LEGISLATURE, ONTARIO 62 ELIZABETH II, 2013 2e SESSION, 40e LÉGISLATURE, ONTARIO 62 ELIZABETH II, 2013 Bill 40 Projet de loi 40 An Act to amend the Regulated Health Professions Act, 1991 Loi modifiant la Loi de 1991 sur les professions de la santé réglementées Mr.
  • Bill 59

    Regulated Health Professions Amendment Act (Optometry Professional Corporations), 2012

    amend
    1 ST SESSION, 40TH LEGISLATURE, ONTARIO 61 ELIZABETH II, 2012 1re SESSION, 40e LÉGISLATURE, ONTARIO 61 ELIZABETH II, 2012 Bill 59 Projet de loi 59 An Act to amend the Regulated Health Professions Act, 1991 Loi modifiant la Loi de 1991 sur les professions de la santé réglementées Mr.
  • Bill 68

    Regulated Health Professions Amendment Act (Treating Spouses), 2012

    amend
    1 ST SESSION, 40TH LEGISLATURE, ONTARIO 61 ELIZABETH II, 2012 1re SESSION, 40e LÉGISLATURE, ONTARIO 61 ELIZABETH II, 2012 Bill 68 Projet de loi 68 An Act to amend the Regulated Health Professions Act, 1991 Loi modifiant la Loi de 1991 sur les professions de la santé réglementées Mr.
  • Bill 7

    Health Care is Not for Sale Act (Addressing Unfair Fees Charged to Patients), 2025

    amend
    1ST SESSION, 44TH LEGISLATURE, ONTARIO 3 CHARLES III, 2025 Bill 7 An Act to amend the Regulated Health Professions Act, 1991 and the Integrated Community Health Services Centres Act, 2023 to address unfair fees charged to patients for health care services Co-sponsors: MPP F.
  • Bill 70

    Regulated Health Professions Amendment Act (Spousal Exception), 2013

    amend
    2ND SESSION, 40TH LEGISLATURE, ONTARIO 62 ELIZABETH II, 2013 2e SESSION, 40e LÉGISLATURE, ONTARIO 62 ELIZABETH II, 2013 Bill 70 Projet de loi 70 (Chapter 9 Statutes of Ontario, 2013) (Chapitre 9 Lois de l’Ontario de 2013) An Act to amend the Regulated Health Professions Act, 1991 Loi modifiant la Loi de 1991 sur les professions de la santé réglementées Mr.
  • Bill 77

    Affirming Sexual Orientation and Gender Identity Act, 2015

    amend
    1ST SESSION, 41ST LEGISLATURE, ONTARIO 64 ELIZABETH II, 2015 1re SESSION, 41e LÉGISLATURE, ONTARIO 64 ELIZABETH II, 2015 Bill 77 Projet de loi 77 (Chapter 18 Statutes of Ontario, 2015) (Chapitre 18 Lois de l’Ontario de 2015) An Act to amend the Health Insurance Act and the Regulated Health Professions Act, 1991 regarding efforts to change sexual orientation or gender identity Loi modifiant la Loi

Sections1,040

  • 1Interpretation

    1 (1) In this Act, “Board” means the Health Professions Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission”) “Canadian experience” has the meaning prescribed by the regulations; (“expérience canadienne”) “certificate of authorization” means a certificate of authorization issued under this Act or the Code; (“certificat d’autorisation”) “Code” means the Health Professions Procedural Code in Schedule 2; (“Code”) “College” means the College of a health profession or group of health professions established or continued under a health profession Act; (“ordre”) “Council” means the Council of a College; (“conseil”) “health profession” means a health profession set out in Schedule 1; (“profession de la santé”) “health profession Act” means an Act named in Schedule 1; (“loi sur une profession de la santé”) “health profession cor…

  • 1.
  • 2Administration of Act

    2 The Minister is responsible for the administration of this Act. 1991, c. 18, s. 2.

  • 2.
  • 3Duty of Minister

    3 It is the duty of the Minister to ensure that the health professions are regulated and co-ordinated in the public interest, that appropriate standards of practice are developed and maintained and that individuals have access to services provided by the health professions of their choice and that they are treated with sensitivity and respect in their dealings with health professionals, the Colleges and the Board. 1991, c. 18, s. 3.

  • 3.
  • 4Code

    4 The Code shall be deemed to be part of each health profession Act. 1991, c. 18, s. 4.

  • 4.
  • 5Powers of Minister

    5 (1) The Minister may, (a) inquire into or require a Council to inquire into the state of practice of a health profession in a locality or institution; (b) review a Council’s activities and require the Council to provide reports and information; (c) require a Council to make, amend or revoke a regulation under a health profession Act, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act; (d) require a Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act, the health profession Acts, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act. 1991, c. 18, s. 5 (1); 2009, c. 26, s. 24 (1). Council to comply with Minister’s request (2) If the Minister requires a Council to do anything under subsection (1), the Council shall, within the time and in t…

  • 5.
  • 5.0.1College supervisor

    5.0.1 (1) The Lieutenant Governor in Council may appoint a person as a College supervisor, on the recommendation of the Minister, where the Minister considers it appropriate or necessary. 2014, c. 14, Sched. 2, s. 9. Factors to be considered (2) In deciding whether to make a recommendation under subsection (1), the Minister may consider any matter he or she considers relevant, including, without limiting the generality of the foregoing, (a) the quality of the administration and management, including financial management, of the College; (b) the administration of this Act or the health profession Act as they relate to the health profession; and (c) the performance of other duties and powers imposed on the College, the Council, the committees of the College, or persons employed, retained or appointed to administer this Act, the health profession Act, the Drug and Pharmacies Regulation Act …

  • 6.
  • [s6]
  • 5.1Fair Access to Regulated Professions and Compulsory Trades Act, 2006 not applicable

    5.1 The Fair Access to Regulated Professions and Compulsory Trades Act, 2006 does not apply to any College. 2006, c. 31, s. 35 (1); 2017, c. 2, Sched. 9, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 31, s. 35 (1) - 01/03/2007 2017, c. 2, Sched. 9, s. 10 - 22/03/2017

  • [s7]
  • 5.2Ontario Labour Mobility Act, 2009 not applicable

    5.2 The Ontario Labour Mobility Act, 2009, except sections 21 to 24, does not apply to any College. 2009, c. 24, s. 33 (1). Section Amendments with date in force (d/m/y) 2009, c. 24, s. 33 (1) - 15/12/2009 Reports

  • 7.
  • 6Annual report

    6 (1) Each College shall report annually to the Minister on its activities and financial affairs. 2021, c. 25, Sched. 25, s. 2 (1). (2) Repealed: 2007, c. 10, Sched. M, s. 2 (1). Audited financial statement (3) Each College’s annual report shall include an audited financial statement. 1998, c. 18, Sched. G, s. 2 (2). Content and form (4) The Minister may specify the content and form of the annual reports submitted by the College and, where the Minister has done so, the annual reports shall contain that content and be in that form. 2021, c. 25, Sched. 25, s. 2 (2). Minister may publish information (5) The Minister may, in every year, publish information from the annual reports of the Colleges. 2007, c. 10, Sched. M, s. 2 (2). No personal information (6) Information from the annual reports published by the Minister shall not include any personal information. 2007, c. 10, Sched. M, s. 2 (2)…

  • 8.
  • [s9]
  • 7Repealed

    7 Repealed: 2021, c. 25, Sched. 25, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 25, s. 3 - 03/06/2021

  • 9.
  • Section Amendments with date in force (d/m/y)
  • 10.
  • 8Repealed

    8 Repealed: 2021, c. 25, Sched. 25, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 116 (1) - 20/08/2007 2021, c. 25, Sched. 25, s. 3 - 03/06/2021

  • 11.
  • 9Repealed

    9 Repealed: 2021, c. 25, Sched. 25, s. 3. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. M, s. 3 - 04/06/2009 2021, c. 25, Sched. 25, s. 3 - 03/06/2021

  • 10Repealed

    10 Repealed: 2021, c. 25, Sched. 25, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 25, s. 3 - 03/06/2021

  • 12.
  • 11Repealed

    11 Repealed: 2021, c. 25, Sched. 25, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 26, s. 24 (4) - 15/12/2009 2021, c. 25, Sched. 25, s. 3 - 03/06/2021

  • 13.
  • 12Repealed

    12 Repealed: 2021, c. 25, Sched. 25, s. 3. Section Amendments with date in force (d/m/y) 2009, c. 26, s. 24 (5) - 15/12/2009 2021, c. 25, Sched. 25, s. 3 - 03/06/2021

  • 14.
  • 13-15

    13-15 Repealed: 2021, c. 25, Sched. 25, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 25, s. 3 - 03/06/2021

  • 15.
  • 16Repealed

    16 Repealed: 2021, c. 25, Sched. 25, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 116 (2) - 20/08/2007 2021, c. 25, Sched. 25, s. 3 - 03/06/2021

  • 16.
  • 17Repealed

    17 Repealed: 2021, c. 25, Sched. 25, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 25, s. 3 - 03/06/2021

  • 17.
  • [s18]

    Health Professions Board

  • [s19]
  • 18-22

    18-22 Repealed: 1998, c. 18, Sched. G, s. 3. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 3 - 01/02/1999

  • 18.-23.
  • 23Repealed

    23 Repealed: 1998, c. 18, Sched. G, s. 3. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 3 - 01/02/1999 2007, c. 10, Sched. B, s. 21 - 04/06/2007

  • 24.
  • [s21]
  • 24Investigations and expert advice

    24 (1) Repealed: 1998, c. 18, Sched. G, s. 4. Investigators (2) The Board may engage persons who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 to carry out investigations under paragraph 3 of subsection 28 (5) of the Code. 2006, c. 35, Sched. C, s. 116 (3); 2007, c. 10, Sched. M, s. 4 (1). Experts (3) The Board may engage persons who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 to provide expert or professional advice in connection with a registration hearing, complaint review or registration review. 2006, c. 35, Sched. C, s. 116 (3). Independence of experts (4) A person engaged under subsection (3) shall be independent of the parties, and, in the case of a complaint review, of the Inquiries, Complaints and Reports Committee. 2007, c. 10, Sched. M, s. 4 (2). Advice disclosed (5) The nature of any a…

  • 25.
  • 18.-22
  • 18.-22.
  • 25Repealed

    25 Repealed: 1998, c. 18, Sched. G, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 5 - 01/02/1999

  • 26.
  • [s23]
  • 26Repealed

    26 Repealed: 2007, c. 10, Sched. M, s. 5. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. M, s. 5 - 04/06/2009

  • [s24]

    Prohibitions

  • 27.
  • 27Controlled acts restricted

    27 (1) No person shall perform a controlled act set out in subsection (2) in the course of providing health care services to an individual unless, (a) the person is a member authorized by a health profession Act to perform the controlled act; or (b) the performance of the controlled act has been delegated to the person by a member described in clause (a). 1991, c. 18, s. 27 (1); 1998, c. 18, Sched. G, s. 6. Controlled acts (2) A “controlled act” is any one of the following done with respect to an individual: 1. Communicating to the individual or his or her personal representative a diagnosis identifying a disease or disorder as the cause of symptoms of the individual in circumstances in which it is reasonably foreseeable that the individual or his or her personal representative will rely on the diagnosis. 2. Performing a procedure on tissue below the dermis, below the surface of a mucous…

  • 28.
  • [s26]
  • 28Delegation of controlled act

    28 (1) The delegation of a controlled act by a member must be in accordance with any applicable regulations under the health profession Act governing the member’s profession. Idem (2) The delegation of a controlled act to a member must be in accordance with any applicable regulations under the health profession Act governing the member’s profession. 1991, c. 18, s. 28.

  • 29.
  • [s27]
  • 29Exceptions

    29 (1) An act by a person is not a contravention of subsection 27 (1) if it is done in the course of, (a) rendering first aid or temporary assistance in an emergency; (b) fulfilling the requirements to become a member of a health profession and the act is within the scope of practice of the profession and is done under the supervision or direction of a member of the profession; (c) treating a person by prayer or spiritual means in accordance with the tenets of the religion of the person giving the treatment; (d) treating a member of the person’s household and the act is a controlled act set out in paragraph 1, 5 or 6 of subsection 27 (2); or (e) assisting a person with his or her routine activities of living and the act is a controlled act set out in paragraph 5 or 6 of subsection 27 (2). Counselling (2) Subsection 27 (1) does not apply with respect to a communication made in the course …

  • 30.
  • Section Amendments with date in force (d/m/y) #27
  • 29.1Sexual orientation and gender identity treatments

    29.1 (1) No person shall, in the course of providing health care services, provide any treatment that seeks to change the sexual orientation or gender identity of a person under 18 years of age. 2015, c. 18, s. 2. Exception (2) The treatments mentioned in subsection (1) do not include, (a) services that provide acceptance, support or understanding of a person or the facilitation of a person’s coping, social support or identity exploration or development; and (b) sex-reassignment surgery or any services related to sex-reassignment surgery. 2015, c. 18, s. 2. Person may consent (3) Subsection (1) does not apply if the person is capable with respect to the treatment and consents to the provision of the treatment. 2015, c. 18, s. 2. Substitute decision-maker cannot consent (4) Despite the Health Care Consent Act, 1996, a substitute decision-maker may not give consent on a person’s behalf to …

  • 31.
  • 30Treatment, etc., where risk of harm

    30 (1) No person, other than a member treating or advising within the scope of practice of his or her profession, shall treat or advise a person with respect to his or her health in circumstances in which it is reasonably foreseeable that serious bodily harm may result from the treatment or advice or from an omission from them. 1991, c. 18, s. 30 (1); 2007, c. 10, Sched. M, s. 6. Exception (2) Subsection (1) does not apply with respect to treatment by a person who is acting under the direction of or in collaboration with a member if the treatment is within the scope of practice of the member’s profession. 1991, c. 18, s. 30 (2). Delegation (3) Subsection (1) does not apply with respect to an act by a person if the act is a controlled act that was delegated under section 28 to the person by a member authorized by a health profession Act to do the controlled act. 1991, c. 18, s. 30 (3). Co…

  • 32.
  • 31Dispensing hearing aids

    31 No person shall dispense a hearing aid for a hearing impaired person except under a prescription by, (a) a member authorized by a health profession Act to prescribe a hearing aid for a hearing impaired person; or (b) a person who is prescribed by the regulations. 2025, c. 11, Sched. 8, s. 1. Section Amendments with date in force (d/m/y) 2025, c. 11, Sched. 8, s. 1 - 01/01/2026

  • 33.
  • 31 #31Dispensing hearing aids
  • 32Dental devices, etc.

    32 (1) No person shall design, construct, repair or alter a dental prosthetic, restorative or orthodontic device unless, (a) the technical aspects of the design, construction, repair or alteration are supervised by, (i) a member of the College of Dental Technologists of Ontario or the Royal College of Dental Surgeons of Ontario, or (ii) a person who is prescribed by the regulations; (b) the person is a member of a College mentioned in clause (a); or (c) the person is prescribed by the regulations. 2025, c. 11, Sched. 8, s. 2 (1). Employers (2) A person who employs a person to design, construct, repair or alter a dental prosthetic, restorative or orthodontic device shall ensure that subsection (1) is complied with. 1991, c. 18, s. 32 (2). Supervisors (3) No person shall supervise the technical aspects of the design, construction, repair or alteration of a dental prosthetic, restorative or…

  • 34.
  • 33Restriction of title “doctor”

    33 (1) Except as allowed in the regulations under this Act, no person shall use the title “doctor”, a variation or abbreviation or an equivalent in another language in the course of providing or offering to provide, in Ontario, health care to individuals. 1991, c. 18, s. 33 (1). Same (1.1) Subsection (1) does not apply to a person who is a member of the College of Naturopaths of Ontario. 2007, c. 10, Sched. P, s. 20 (1). Naturopathic doctor (1.2) A member referred to in subsection (1.1) shall not use the title “doctor” in written format without using the phrase, “naturopathic doctor”, immediately following his or her name. 2007, c. 10, Sched. P, s. 20 (1). Idem (2) Subsection (1) does not apply to a person who is a member of, (a) the College of Chiropractors of Ontario; (b) the College of Optometrists of Ontario; (c) the College of Physicians and Surgeons of Ontario; (d) the College of P…

  • [s33]
  • 33.1Psychotherapist title

    33.1 (1) Despite section 8 of the Psychotherapy Act, 2007, a person who holds a certificate of registration authorizing him or her to perform the controlled act of psychotherapy and is a member of one of the following Colleges may use the title “psychotherapist” if he or she complies with the conditions in subsections (2), (3) and (4): 1. The College of Nurses of Ontario. 2. The College of Occupational Therapists of Ontario. 3. The College of Physicians and Surgeons of Ontario. 4. The College of Psychologists of Ontario. 2009, c. 26, s. 24 (6). Oral identification (2) A person mentioned in subsection (1) shall not describe himself or herself orally as a “psychotherapist” to any person unless the member also mentions the full name of the College where he or she is a member and identifies himself or herself as a member of that College or identifies himself or herself using the title restri…

  • [s34]
  • 34Holding out as a College

    34 (1) No corporation shall falsely hold itself out as a body that regulates, under statutory authority, individuals who provide health care. Idem (2) No individual shall hold himself or herself out as a member, employee or agent of a body that the individual falsely represents as or knows is falsely represented as regulating, under statutory authority, individuals who provide health care. 1991, c. 18, s. 34.

  • 35.
  • 34.1Holding out as a health profession corporation

    34.1 (1) No corporation shall hold itself out as a health profession corporation unless it holds a valid certificate of authorization. 2000, c. 42, Sched., s. 30. Same (2) No person shall hold himself or herself out as a shareholder, officer, director, agent or employee of a health profession corporation unless the corporation holds a valid certificate of authorization. 2000, c. 42, Sched., s. 30. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 30 - 01/11/2001

  • 36.
  • [s36]

    Miscellaneous

  • 37.
  • [s37]
  • 35Exemption, aboriginal healers and midwives

    35 (1) This Act does not apply to, (a) aboriginal healers providing traditional healing services to aboriginal persons or members of an aboriginal community; or (b) aboriginal midwives providing traditional midwifery services to aboriginal persons or members of an aboriginal community. Jurisdictions of Colleges (2) Despite subsection (1), an aboriginal healer or aboriginal midwife who is a member of a College is subject to the jurisdiction of the College. Definitions (3) In this section, “aboriginal healer” means an aboriginal person who provides traditional healing services; (“guérisseur autochtone”) “aboriginal midwife” means an aboriginal person who provides traditional midwifery services. (“sage-femme autochtone”) 1991, c. 18, s. 35.

  • 38.
  • [s38]
  • 36Confidentiality

    36 (1) Every person employed, retained or appointed for the purposes of the administration of this Act, a health profession Act or the Drug and Pharmacies Regulation Act and every member of a Council or committee of a College shall keep confidential all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any information to any other person except, (a) to the extent that the information is available to the public under this Act, a health profession Act or the Drug and Pharmacies Regulation Act; (b) in connection with the administration of this Act, a health profession Act or the Drug and Pharmacies Regulation Act, including, without limiting the generality of this, in connection with anything relating to the registration of members, complaints about members, allegations of members’ incapacity, incompetence or acts of professional mis…

  • 39.
  • [s39]
  • 36.1Collection of personal information by College

    36.1 (1) At the request of the Minister, a College shall collect information directly from members of the College as is reasonably necessary for the purpose of health human resources planning or research. 2017, c. 11, Sched. 5, s. 3 (1). Unique identifiers (2) A unique identifier shall be assigned by the Minister or a person designated by the Minister for each member of a College from whom information is collected under subsection (1). 2009, c. 26, s. 24 (7). Form and manner (2.1) The unique identifier shall be in the form and manner specified by the Minister. 2009, c. 26, s. 24 (7). Members to provide information (3) A member of a College who receives a request for information for the purpose of subsection (1) shall provide the information to the College within the time period and in the form and manner specified by the College. 2007, c. 10, Sched. M, s. 8. Disclosure to Minister (4) A …

  • 40.
  • Section Amendments with date in force (d/m/y) #39
  • 36.2Electronic health record

    36.2 (1) The Minister may make regulations, (a) requiring one or more Colleges to collect from their members information relating to their members that is specified in those regulations and that is, in the Minister’s opinion, necessary for the purpose of developing or maintaining the electronic health record under Part V.1 of the Personal Health Information Protection Act, 2004, including ensuring that members are accurately identified for purposes of the electronic health record; (b) requiring the College or Colleges to provide the information to the prescribed organization in the form, manner and timeframe specified by the prescribed organization; (c) respecting the notice mentioned in subsection (4). 2016, c. 6, Sched. 1, s. 4. Members to provide information (2) Where the Minister has made a regulation under subsection (1), and a College has requested information from a member in comp…

  • 41.
  • 37Onus of proof to show registration

    37 (1) A person who is charged with an offence to which registration under a health profession Act would be a defence shall be deemed, in the absence of evidence to the contrary, to have not been registered. 1991, c. 18, s. 37. Onus of proof to show certificate of authorization (2) A person who is charged with an offence to which holding a certificate of authorization would be a defence shall be deemed, in the absence of evidence to the contrary, to have not been issued a certificate of authorization. 2000, c. 42, Sched., s. 31; 2007, c. 10, Sched. M, s. 9 (1). Injunctions (3) Subsections (1) and (2) apply, with necessary modifications, to a person who is the subject of an application under section 87 of the Code. 2007, c. 10, Sched. M, s. 9 (2). Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 31 - 01/11/2001 2007, c. 10, Sched. M, s. 9 (1, 2) - 04/06/2009

  • 42.
  • 38Immunity

    38 No action or other proceeding for damages shall be instituted against the Crown, the Minister, a College supervisor appointed under section 5.0.1 or his or her staff, an employee of the Crown, a College, a Council, or a member, officer, employee, agent or appointee of a College, a Council, a committee of a Council or a panel of a committee of a Council for an act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a health profession Act, the Drug and Pharmacies Regulation Act or a regulation or a by-law under those Acts or for any neglect or default in the performance or exercise in good faith of the duty or power. 1991, c. 18, s. 38; 1998, c. 18, Sched. G, s. 8; 2007, c. 10, Sched. M, s. 10; 2009, c. 26, s. 24 (8); 2021, c. 25, Sched. 25, s. 4. Section Amendments with date in force (d/m/y) 199…

  • 43.
  • 39Service

    39 (1) A notice or decision to be given to a person under this Act, the Drug and Pharmacies Regulation Act or a health profession Act may be given by mail or by fax. 2007, c. 10, Sched. M, s. 11. When notice or decision given by mail received (2) If a notice or decision is sent by mail addressed to a person at the person’s last known address, there is a rebuttable presumption that it was received by the person on the fifth day after mailing. 2007, c. 10, Sched. M, s. 11. When notice or decision given by fax received (3) If a notice or decision is sent by fax to a person at the person’s last known fax number, there is a rebuttable presumption that it was received by the person, (a) on the day it was faxed, if faxed after midnight and before 4 p.m.; or (b) on the following day, if faxed at any other time. 2007, c. 10, Sched. M, s. 11. Section Amendments with date in force (d/m/y) 2007, c. …

  • 40Offences

    40 (1) Every person who contravenes subsection 27 (1), 29.1 (1) or 30 (1) 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 imprisonment for a term of not more than one year, or both; and (b) for a second or subsequent offence, to a fine of not more than $50,000, or to imprisonment for a term of not more than one year, or both. 2007, c. 10, Sched. M, s. 12; 2015, c. 18, s. 3. Same (2) Every individual who contravenes section 31, 32 or 33 or subsection 34 (2), 34.1 (2) or 36 (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence. 2007, c. 10, Sched. M, s. 12. Same (3) Every corporation that contravenes section 31, 32 or 33 or subsection 34 (1), 34.1 (1) or 36 (1) is guilty of an offence and on conviction …

  • 44.
  • 41Responsibility of employment agencies

    41 Every person who procures employment for an individual and who knows that the individual cannot perform the duties of the position without contravening subsection 27 (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence, and not more than $50,000 for a second or subsequent offence. 1991, c. 18, s. 41; 2007, c. 10, Sched. M, s. 13. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. M, s. 13 - 04/06/2007

  • 45.
  • 42Responsibility of employers

    42 (1) The employer of a person who contravenes subsection 27 (1) while acting within the scope of his or her employment is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence, and not more than $50,000 for a second or subsequent offence. 1991, c. 18, s. 42 (1); 2007, c. 10, Sched. M, s. 14 (1). Responsibility of directors of corporate employers (2) In addition, if the employer described in subsection (1) is a corporation, every director of the corporation who approved of, permitted or acquiesced in the contravention is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence, and not more than $50,000 for a second or subsequent offence. 1991, c. 18, s. 42 (2); 2007, c. 10, Sched. M, s. 14 (2). Exception (3) Subsection (2) does not apply with respect to a corporation that operates a public …

  • 46.
  • 42.1No limitation

    42.1 Section 76 of the Provincial Offences Act does not apply to a prosecution under this Act, the Drug and Pharmacies Regulation Act or a health profession Act. 2007, c. 10, Sched. M, s. 15. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. M, s. 15 - 04/06/2007

  • 47., 48.
  • 43Regulations

    43 (1) Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations, (0.a) prescribing the meaning of “Canadian experience” for the purposes of this Act; (a) prescribing forms of energy for the purposes of paragraph 7 of subsection 27 (2); (b) exempting a person or activity from subsection 27 (1) or 30 (1); (c) attaching conditions to an exemption in a regulation made under clause (b); (d) allowing the use of the title “doctor”, a variation or abbreviation or an equivalent in another language; (e) respecting health profession corporations; (f) governing the issue, renewal, suspension, revocation and expiration of certificates of authorization; (g) governing the names of health profession corporations; (g.0.1) prescribing persons for the purposes of sections 31 or 32; (g.1) prescribing purposes and providing for limitations for the purposes of clauses 3…

  • 49.
  • 43.1Regulations

    43.1 Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations governing funding under programs required under section 85.7 of the Code, including regulations, (a) prescribing the maximum amount or a means of establishing the maximum amount of funding that may be provided for a person in respect of a case of sexual abuse; (b) prescribing the period of time during which funding may be provided for a person in respect of a case of sexual abuse. 1993, c. 37, s. 3. Section Amendments with date in force (d/m/y) 1993, c. 37, s. 3 - 31/12/1993

  • 50.
  • [s50]
  • 43.2Expert committees

    43.2 The Lieutenant Governor in Council may make regulations, (a) establishing one or more expert committees for the purposes of this Act, the Code and health profession Acts; (b) specifying the functions, duties, powers and membership of an expert committee; (c) requiring an expert committee to provide reports and information to the Minister and providing for the content of such reports and information; (d) requiring information to be provided by a College or Council to an expert committee, and governing the content of the information and the form and manner and time within which the information is to be provided to the committee. 2009, c. 26, s. 24 (9). Section Amendments with date in force (d/m/y) 2009, c. 26, s. 24 (9) - 15/12/2009

  • [s51]
  • 44References to health professionals

    44 A reference in an Act or regulation to a person described in Column 1 of the Table shall be deemed to be a reference to a person described opposite in Column 2. 1991, c. 18, s. 44.

  • [s52]
  • 45

    45 Omitted (amends or repeals other Acts). 1991, c. 18, s. 45.

  • [s53]
  • 1. #53
  • 46

    46 Omitted (revokes regulations). 1991, c. 18, s. 46.

  • [s54]
  • 1. #54
  • 47, 48

    47, 48 Omitted (amends or repeals other Acts). 1991, c. 18, ss. 47, 48.

  • [s55]
  • 2. #55
  • 49

    49 Omitted (provides for coming into force of provisions of this Act). 1991, c. 18, s. 49.

  • [s56]
  • 1. #56
  • 2. #56
  • 3. #56
  • 50

    50 Omitted (enacts short title of this Act). 1991, c. 18, s. 50.

  • [s57]

    table Item Column 1 Column 2 1. person registered as a chiropodist under the Chiropody Act member of the College of Chiropodists of Ontario 2. person registered as a dental technician under the Dental Technicians Act member of the College of Dental Technologists of Ontario 3. person licensed as a denture therapist under the Denture Therapists Act member of the College of Denturists of Ontario 4. person registered as a chiropractor under the Drugless Practitioners Act member of the College of Chiropractors of Ontario 5. person registered as a masseur under the Drugless Practitioners Act member of the College of Massage Therapists of Ontario 6. Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. 7. person registered as a physiotherapist under the Drugless Practitioners Act member of the College of Physiotherapists …

  • 3. #57
  • 4. #57
  • 47., 48
  • [s58]

    schedule 1 SELF GOVERNING HEALTH PROFESSIONS Health Profession Acts Health Profession Audiology and Speech-Language Pathology Act, 1991 Audiology and Speech-Language Pathology Chiropody Act, 1991 Chiropody Chiropractic Act, 1991 Chiropractic Dental Hygiene Act, 1991 Dental Hygiene Dental Technology Act, 1991 Dental Technology Dentistry Act, 1991 Dentistry Denturism Act, 1991 Denturism Dietetics Act, 1991 Dietetics Homeopathy Act, 2007 Homeopathy Kinesiology Act, 2007 Kinesiology Massage Therapy Act, 1991 Massage Therapy Medical Laboratory Technology Act, 1991 Medical Laboratory Technology Medical Radiation and Imaging Technology Act, 2017 Medical Radiation and Imaging Technology Medicine Act, 1991 Medicine Midwifery Act, 1991 Midwifery Naturopathy Act, 2007 Naturopathy Nursing Act, 1991 Nursing Occupational Therapy Act, 1991 Occupational Therapy Opticianry Act, 1991 Opticianry Optometry …

  • 2. #58
  • 4. #58
  • 5. #58
  • [s59]

    schedule 2 HEALTH PROFESSIONS PROCEDURAL CODE Note: This Code is deemed by section 4 of the Regulated Health Professions Act, 1991 to be part of each health profession Act. CONTENTS 1. Interpretation 1.1 Statement of purpose, sexual abuse provisions College 2. College is body corporate 2.1 Duty of College 3. Objects of College 3.1 College website 4. Council 5. Terms 6. Quorum 7. Meetings 8. Remuneration and expenses 9. Employees 10. Committees 11. Annual reports 12. Executive Committee’s exercise of Council’s powers 13. Members 14. Continuing jurisdiction Registration 15. Registration 16. Disclosure of application file 16.1 Language proficiency requirements 16.2 Canadian experience requirements 16.3 Emergency classes of registration 17. Panels 18. Consideration by panel 19. Application for variation 20. Notice of orders 21. Appeal to Board 22. Registration hearings or reviews 22.1 Defini…

  • 1. #59
  • 3. #59
  • 5. #59
  • 6. #59
  • [s60]
  • 1 #60Interpretation

    1 (1) In this Code, “alternative dispute resolution process” means mediation, conciliation, negotiation, or any other means of facilitating the resolution of issues in dispute; (“processus de règlement extrajudiciaire des différends”) “Board” means the Health Professions Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission”) “business day” means a day from Monday to Friday, other than a holiday as defined in section 87 of the Legislation Act, 2006; (“jour ouvrable”) “by-laws” means by-laws made by the Council; (“règlements administratifs”) “certificate of authorization” means a certificate of authorization issued under the Regulated Health Professions Act, 1991 or this Code; (“certificat d’autorisation”) “certificate of registration” means a certificate of registration issued by the Registrar; (“certificat d’inscription”…

  • 1. #60
  • 3. #60
  • 4. #60
  • 6. #60
  • 7. #60
  • Section Amendments with date in force (d/m/y) #60
  • [s61]
  • 1 #61Interpretation
  • 1. #61
  • 1.1Statement of purpose, sexual abuse provisions

    1.1 The purpose of the provisions of this Code with respect to sexual abuse of patients by members is to encourage the reporting of such abuse, to provide funding for therapy and counselling in connection with allegations of sexual abuse by members and, ultimately, to eradicate the sexual abuse of patients by members. 2017, c. 11, Sched. 5, s. 7. Section Amendments with date in force (d/m/y) 1993, c. 37, s. 5 - 31/12/1993 2017, c. 11, Sched. 5, s. 7 - 01/05/2018 College

  • 2. #61
  • 4. #61
  • 5. #61
  • 7. #61
  • 8. #61
  • Section Amendments with date in force (d/m/y) #61
  • [s62]
  • 1. #62
  • 2 #62College is body corporate

    2 (1) The College is a body corporate without share capital with all the powers of a natural person. 1991, c. 18, Sched. 2, s. 2 (1). Not-for-Profit Corporations Act, 2010 (2) The Not-for-Profit Corporations Act, 2010 does not apply to the College, except as may be prescribed by regulation made under clause 43 (1) (n) of the Regulated Health Professions Act, 1991. 2010, c. 15, s. 241 (3). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 241 (3) - 19/10/2021

  • 2. #62
  • 4. #62
  • 5. #62
  • 6. #62
  • 8. #62
  • 9. #62
  • 1 #63Interpretation
  • 1. #63
  • 1.1 #63Statement of purpose, sexual abuse provisions
  • 10. #63
  • 2 #63College is body corporate
  • 2. #63
  • 2.1Duty of College

    2.1 It is the duty of the College to work in consultation with the Minister to ensure, as a matter of public interest, that the people of Ontario have access to adequate numbers of qualified, skilled and competent regulated health professionals. 2008, c. 18, s. 1. Section Amendments with date in force (d/m/y) 2008, c. 18, s. 1 - 27/11/2008

  • 3. #63
  • 5. #63
  • 6. #63
  • 7. #63
  • 9. #63
  • [s64]
  • 10. #64
  • 11. #64
  • 2. #64
  • 3 #64Objects of College

    3 (1) The College has the following objects: 1. To regulate the practice of the profession and to govern the members in accordance with the health profession Act, this Code and the Regulated Health Professions Act, 1991 and the regulations and by-laws. 2. To develop, establish and maintain standards of qualification for persons to be issued certificates of registration. 3. To develop, establish and maintain programs and standards of practice to assure the quality of the practice of the profession. 4. To develop, establish and maintain standards of knowledge and skill and programs to promote continuing evaluation, competence and improvement among the members. 4.1 To develop, in collaboration and consultation with other Colleges, standards of knowledge, skill and judgment relating to the performance of controlled acts common among health professions to enhance interprofessional collaborati…

  • 3. #64
  • 6. #64
  • 7. #64
  • 8. #64
  • [s65]
  • 1.1 #65Statement of purpose, sexual abuse provisions
  • 11. #65
  • 12. #65
  • 2 #65College is body corporate
  • 2. #65

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