Transfer Order — Critical Care Services Ontario

Made under Part V of the Connecting Care Act, 2019, S.O. 2019, c. 5, Sched. 1

Whereas:

1. In furtherance of the Government’s plan to implement a new model of integrated health care delivery in Ontario, the Government enacted the Connecting Care Act, 2019 (the “Act”) under which Ontario Health has assumed centralized responsibility for most of the functions of more than twenty provincial health agencies, including responsibilities for health system operational management and co-ordination, health system performance measurement, quality improvement, data management and reporting.
2. Critical Care Services Ontario (CCSO) is a provincial program operated by UHN which was established to centrally coordinate and support the delivery of critical care services and related programs by hospitals and other system partners throughout Ontario. CCSO provides system-level planning, data analytics and performance management services to enable province-wide patient access to integrated, high quality, and timely critical care.
3. Subsection 40(1) of the Act confers authority on the Minister of Health (the “Minister”) to issue orders transferring into Ontario Health all or part of the staff, assets, liabilities, rights and obligations of a prescribed organization – or a program or division within a prescribed organization – that provides programs or services that are consistent with the objects of Ontario Health.
4. CCSO was prescribed in section 3 of Ontario Regulation 390/19 as a program that can be transferred by Minister’s order from UHN into Ontario Health.
5. Under subsection 40(3) of the Act, the Minister provided UHN and Ontario Health with a preliminary notice letter dated June 21, 2024 advising of the Minister’s intention to order the transfer of CCSO from UHN into Ontario Health.
6. The Minister now wishes to order the transfer into Ontario Health of certain employees, assets, liabilities, rights and obligations of UHN that are necessary to effect the assumption by Ontario Health of accountability for CCSO programs, services and functions, with such order to be effective as of October 1, 2025.

Now therefore:

Order:

Part I. Definitions and Interpretation

1. For the purposes of this Order, the following terms shall have the following meanings:

   “CCA” means the Connecting Care Act, 2019, S.O. 2019, c.5, Sched. 1, as amended;

   “Contracts” means the contracts specified under Part II, Section B of this Order;

   “Effective Date” means 12:00:01 a.m. on October 1, 2025;

   “Expired Contract” means a contract or a part thereof that governs, relates to, or applies to the Program that was entered into by the Transferor and a third party, and which expired or was terminated prior to the Effective Date;

   “Minister” means the Minister of Health;

   “Personal Health Information” means personal health information as that term is defined in PHIPA;

   “PHIPA” means the Personal Health Information Protection Act, 2004, S.O. 2004, c.3, Sched. A, as amended;

   “Program” means the program known as Critical Care Services Ontario;

   “Record” means a record that was made or received by the Transferor in connection with the Program that is in the custody or control of the Transferor immediately prior to the Effective Date of this Order;

   “Transfer Recipient” means Ontario Health; 

   “Transferor” means UHN; and

   “Transferred Operations” has the meaning set out in Part II of this Order.

2. For the purposes of interpreting this Order,
   1. words in the singular include the plural and vice-versa; and
   2. “include”, “includes” and “including” denote that the subsequent list is not exhaustive.

Part II. Operations to be Transferred

Pursuant to subsection 40(1) of the CCA, the Minister orders that, as of the Effective Date, the operations, activities and affairs of the Transferor relating to the Program be transferred to, and assumed by, the Transfer Recipient along with the employees, assets, liabilities, rights and obligations specified below (the “Transferred Operations”):

1. Employees:
   1. The employees of the Transferor associated with the Program who occupy the positions identified in Appendix A to this Order (the “Transferred Employees”);
   2. Where a position identified in Appendix A is vacant on the Effective Date, the vacant FTE position;
   3. Accrued vacation banks for the Transferred Employees; and
   4. All employment-related Records relating to the Transferred Employees.
2. Contracts: 
   The assets, liabilities, rights and obligations arising from or under the following:
   1. the licensing agreements, vendor contracts, and other agreements specified in List 1 of Appendix B to this Order;
   2. the PHIPA agent agreements specified in List 2 of Appendix B to this Order; and
   3. any surviving rights, obligations or liabilities under an Expired Contract.
3. Physical Assets: 
   The assets, liabilities, rights and obligations associated with the physical assets specified in Appendix C to this Order.
4. Litigation-related Matters: 
   The rights, obligations and liabilities of the Transferor arising from any civil actions, administrative or regulatory proceedings, prosecutions, grievances, complaints, convictions, rulings, orders, judgments, dispute settlements, or legal claims relating to the Transferred Operations.
5. Records (non-employment): 
   The assets, liabilities, rights and obligations associated with all Records that relate to or were created by the Transferor in connection with the Program, including Records relating to contract management and administration and such Records relating to Expired Contracts.
6. Audits, reviews, investigations, etc.: 
   The rights, obligations, and liabilities of the Transferor in respect of any audits, reviews, inspections or investigations that may be undertaken in respect of CCSO program activities under applicable law, including by the Auditor General or the Information and Privacy Commissioner.

Part III. Additional Provisions

1. Transfer of Accountability. The Transfer Recipient stands in the place of the Transferor for all purposes in respect of the Transferred Operations and assumes the assets, liabilities, rights and obligations in respect of the Transferred Operations as specified in this Order.
2. Personal Health Information. The Transferor’s rights and obligations as a PHIPA agent in respect of the Records of Personal Health Information that are being transferred pursuant to this Order (“Transferred PHI Records”) are transferred to, and shall be assumed by, the Transfer Recipient. As of the Effective Date, the Transfer Recipient shall be the PHIPA agent in respect of the Transferred PHI Records.
3. Records to be retained by the Transferor. For greater certainty, only Records that relate to the Program are being transferred under this Order. Records that do not relate to the Program shall be retained by the Transferor.
4. Mixed Records. In the case of any general or mixed Records that pertain to both Program matters and non-Program matters, the Transferor and Transfer Recipient shall make arrangements to ensure that both parties have copies of, or access to, the Records as necessary to enable each party to carry out its respective objects and functions in compliance with applicable law.
5. Resolution of Issues. In the event that any issue arises respecting the interpretation or implementation of this Order that cannot adequately be resolved through discussions and agreement between the Transferor and the Transfer Recipient, the issue shall be referred to the Minister for a decision. The Minister may request, in the Minister’s sole discretion, that the Transferor and the Transfer Recipient provide a written description of the issue and of their respective positions if the Minister believes that this would assist the Minister in determining an appropriate resolution.

Original signed by

Hon. Sylvia Jones 
Minister of Health

Issued on this 1^st day of October 2025.

Appendix A: Transferred Employees

Appendix B: Contracts

List 1: Vendor Contracts, Licensing Agreements, etc.

List 2: PHIPA Agent Agreements

Appendix C: Physical Assets