O. Reg. 43/02: SMART SYSTEMS FOR HEALTH AGENCY

Development Corporations Act
Loi sur les sociétés de développement

ONTARIO REGULATION 43/02

SMART SYSTEMS FOR HEALTH AGENCY

Historical version for the period February 23, 2005 to September 28, 2008.

Last amendment: O. Reg. 54/05.

This Regulation is made in English only.

CONTENTS

Interpretation
1.	Definitions
Corporate Matters
2.	Agency established
3.	Objects of the Agency
4.	Powers of the Agency
5.	Power re information management, etc.
6.	Board of directors
7.	Powers of the board of directors
8.	Policy directions by Minister
9.	Status of employees
10.	Annual report
10.1	Memorandum of understanding
10.2	Business plan
11.	Annual audit
12.	Fiscal year
13.	Appointment of administrator
14.	Winding up the Agency
15.	Emergency health records
16.	Verification of users
18.	Review of the Agency’s affairs

Interpretation

Definitions

1. In this Regulation,

“Minister” means the Minister of Health and Long-Term Care;

“personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004;

“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act. O. Reg. 43/02, s. 1; O. Reg. 54/05, s. 1.

Corporate Matters

Agency established

2. (1) A corporation to be known in English as the Smart Systems for Health Agency and in French as Agence des systèmes intelligents pour la santé is established as a corporation without share capital. O. Reg. 43/02, s. 2 (1).

(2) The Agency is composed of the members of its board of directors. O. Reg. 43/02, s. 2 (2).

(3) The Agency is, for all its purposes, an agent of Her Majesty within the meaning of the Crown Agency Act and its powers may be exercised only as an agent of Her Majesty. O. Reg. 43/02, s. 2 (3).

(4) Section 132 (conflict of interest), subsection 134 (1) (standard of care) and section 136 (indemnification) of the Business Corporations Act apply, with necessary modifications, to the Agency and to the members of its board of directors. O. Reg. 43/02, s. 2 (4).

(5) The Corporations Act and the Corporations Information Act do not apply to the Agency. O. Reg. 43/02, s. 2 (5).

Objects of the Agency

3. The following are the objects of the Agency:

1. To support effective and efficient delivery, planning and management of health services in Ontario and to support health research by,

i. providing a secure province-wide information infrastructure for the collection, transmission, storage and exchange of information about health matters (including personal information),

ii. planning, implementing and encouraging the use of services, products and technologies that will promote the effective use of the information infrastructure, and

iii. collecting, using and disclosing personal information as permitted by sections 15 and 16 as is necessary for the provision of the information infrastructure.

2. To safeguard the confidentiality and integrity of information about health matters (including personal information) that is collected, transmitted, stored or exchanged by and through the information infrastructure by taking all steps necessary to ensure the security of that information.

3. To protect the privacy of individuals whose personal information is collected, transmitted, stored or exchanged by and through the information infrastructure by taking all steps necessary to ensure the security of that information.

4. Revoked: O. Reg. 54/05, s. 2.

5. To develop policies relating to the operation of the information infrastructure, to the delivery of services, products and technologies related to its operation and to agreements or other arrangements for the delivery of those services, products and technologies.

6. To implement and manage programs, processes and mechanisms for the provision of services, products and technologies related to the operation of the information infrastructure or to negotiate and enter into agreements or other arrangements with public or private sector organizations for the implementation or management of those programs, processes and mechanisms. O. Reg. 43/02, s. 3; O. Reg. 54/05, s. 2.

Powers of the Agency

4. (1) The Agency has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited by this Regulation. O. Reg. 43/02, s. 4 (1).

(2) The Agency shall not purchase or sell real property or establish a subsidiary. O. Reg. 43/02, s. 4 (2).

(3) The Agency shall not borrow money or pledge its assets. O. Reg. 43/02, s. 4 (3).

(4) The Agency shall not make investments or loans or generate revenue, except in the circumstances authorized in this section. O. Reg. 43/02, s. 4 (4).

(5) The Agency may make short-term investments that are consistent with its objects with the approval of the Minister of Finance. O. Reg. 43/02, s. 4 (5).

Power re information management, etc.

5. (1) The Agency, with the written approval of the Minister, may provide information management services or technology services or both for the purpose of facilitating the operation of the health care system in Ontario. O. Reg. 54/05, s. 3.

(2) The Agency shall not provide information management services or information technology services except in accordance with subsection (1). O. Reg. 54/05, s. 3.

(3) The Minister shall not grant an approval under subsection (1) except in compliance with requirements in policies or directives issued by Management Board of Cabinet. O. Reg. 54/05, s. 3.

(4) The Minister may impose terms and conditions on approvals granted under subsection (1) and may from time to time amend or remove the terms and conditions or impose new terms and conditions. O. Reg. 54/05, s. 3.

(5) While providing the services authorized by this section, the Agency may access personal information, including personal health information, if necessary in the course of providing services, including in the course of performing maintenance or repairs, but the Agency shall not access personal information for any other purpose when providing those services. O. Reg. 54/05, s. 3.

Board of directors

6. (1) The board of directors of the Agency is composed of as many members, not fewer than seven and not more than 15, as may be appointed by the Lieutenant Governor in Council. O. Reg. 43/02, s. 6 (1).

(2) The Lieutenant Governor in Council may designate a board member as chair of the board. O. Reg. 43/02, s. 6 (2).

(3) The chair presides at the meetings of the board. O. Reg. 43/02, s. 6 (3).

(4) In the case of the absence or illness of the chair or there being a vacancy in the office of chair, the member designated by the board for the purpose shall act as and have all the powers of the chair. O. Reg. 43/02, s. 6 (4).

(5) The members of the board are to be paid such remuneration and expenses as the Lieutenant Governor in Council determines. O. Reg. 43/02, s. 6 (5).

(6) A majority of the members constitutes a quorum. O. Reg. 43/02, s. 6 (6).

Powers of the board of directors

7. (1) The affairs of the Agency are under the management and control of the board of directors, subject to any directions given under section 8. O. Reg. 43/02, s. 7 (1).

(2) The board may pass by-laws and resolutions regulating its proceedings and generally for the conduct and management of the affairs of the Agency. O. Reg. 43/02, s. 7 (2).

Policy directions by Minister

8. (1) The Minister may issue policy directions to the board of directors where, in the opinion of the Minister, it is in the public interest to do so, and the board shall comply with the directions. O. Reg. 43/02, s. 8 (1).

(2) A policy direction cannot require the Agency to collect, use or disclose personal health information. O. Reg. 43/02, s. 8 (2).

Status of employees

9. Employees of the Agency are not civil servants, public servants or Crown employees within the meaning of the Public Service Act. O. Reg. 43/02, s. 9.

Annual report

10. (1) The Agency shall give the Minister an annual report on its affairs, and the Minister shall submit the report to the Lieutenant Governor in Council and then lay it before the Assembly if it is in session or, if not, at the next session. O. Reg. 43/02, s. 10 (1).

(2) Each annual report must include,

(a) a general description of every instance of an unauthorized person’s access to, or use or disclosure of, personal information or personal health information within the Agency’s information infrastructure; and

(b) information about every instance of the Agency’s unauthorized access to, or unauthorized use, disclosure or disposal of, personal information or personal health information within the Agency’s information infrastructure. O. Reg. 54/05, s. 4.

(3) The Agency shall give the Minister such other information and reports on its affairs as the Minister may require. O. Reg. 43/02, s. 10 (3).

Memorandum of understanding

10.1 (1) Every five years, the Agency and the Minister shall enter into a memorandum of understanding containing only such terms as may be directed by the Minister. O. Reg. 54/05, s. 5.

(2) The memorandum of understanding must address any matter that may be required by order of the Lieutenant Governor in Council or by a direction of Management Board of Cabinet. O. Reg. 54/05, s. 5.

(3) The Agency shall comply with the memorandum of understanding. O. Reg. 54/05, s. 5.

Business plan

10.2 (1) The Agency shall submit its annual business plan for the next fiscal year to the Minister for approval by October 1 in each year or by such other date as may be specified by the Minister. O. Reg. 54/05, s. 5.

(2) The business plan shall be based on a four-year cycle and shall contain,

(a) the Agency’s proposed operating budget for the next fiscal year;

(b) the Agency’s projected operating budgets for the three fiscal years after the next fiscal year; and

(c) any information that the Minister may require. O. Reg. 54/05, s. 5.

(3) The Agency shall not expend funds except in accordance with a business plan approved by the Minister. O. Reg. 54/05, s. 5.

(4) The Agency may make changes to business plan with the approval of the Minister. O. Reg. 54/05, s. 5.

(5) Within 30 days from the end of each quarter of a fiscal year, the Agency shall submit a quarterly statement to the Minister. O. Reg. 54/05, s. 5.

(6) The quarterly statement shall include,

(a) a financial statement for the quarter;

(b) information describing the Agency’s operations during the quarter; and

(c) any other information that the Minister may require. O. Reg. 54/05, s. 5.

Annual audit

11. (1) The board of directors shall ensure that the Agency’s accounts and financial transactions are audited annually. O. Reg. 43/02, s. 11 (1).

(2) The annual audit is subject to the review of the Provincial Auditor. O. Reg. 43/02, s. 11 (2).

(3) The Minister may, at any time, require that an audit of the Agency be conducted. O. Reg. 43/02, s. 11 (3).

Fiscal year

12. The Agency’s fiscal year commences on April 1 in each year and ends on March 31 in the following year. O. Reg. 43/02, s. 12.

Appointment of administrator

13. (1) The Minister may, by order, appoint a person to temporarily administer the business and affairs of the Agency if the Minister considers it to be in the public interest to do so, and the Minister may impose conditions and restrictions upon the administrator. O. Reg. 43/02, s. 13 (1).

(2) The administrator has all of the powers of the board of directors of the Agency and may exercise them for the purpose of managing the affairs of the Agency, ensuring that the Agency carries out its objects and performing such other duties as may be specified by the Minister. O. Reg. 43/02, s. 13 (2).

(3) The board of directors of the Agency cannot exercise any of its powers while the administrator holds office. O. Reg. 43/02, s. 13 (3).

(4) The term of office of the administrator is 12 months or such lesser period as the Minister may determine, and the Minister may extend the term for further terms of not more than six months. O. Reg. 43/02, s. 13 (4).

(5) The Minister may terminate the administrator’s appointment before the end of the term if the Minister is satisfied that the appointment is no longer in the public interest. O. Reg. 43/02, s. 13 (5).

Winding up the Agency

14. (1) If the Minister decides that it is in the public interest to wind up the business and affairs of the Agency, he or she may do all things necessary to do so, including distributing the Agency’s assets. O. Reg. 43/02, s. 14 (1).

(2) In acting under subsection (1), the Minister may direct that all or some of the Agency’s assets be,

(a) liquidated or sold as a going concern and the proceeds paid into the Consolidated Revenue Fund; or

(b) transferred to Her Majesty in right of Ontario or to another agency of the Crown. O. Reg. 43/02, s. 14 (2).

(3) Any information or technology in the custody or control of the Agency immediately before it is wound up that the Agency holds on behalf of another person must be returned to that person. O. Reg. 43/02, s. 14 (3); O. Reg. 54/05, s. 6.

(4) Any personal information collected by the Agency under subsection 15 (2) that is in its custody or control immediately before it is wound up must be transferred to the individual to whom it relates or, if that is not possible, to the physician who attends that individual. O. Reg. 43/02, s. 14 (4).

(5) After the personal information is transferred under subsection (4), the Agency shall promptly destroy the personal health information in its records. O. Reg. 43/02, s. 14 (5).

Emergency health records

15. (1) This section applies when an individual and his or her health care provider agree that personal information may be disclosed to hospitals, physicians and other health care providers for the purpose of providing or facilitating emergency health care services to the individual. O. Reg. 43/02, s. 15 (1).

(2) The Agency may collect and use personal information described in subsection (3) for the purpose of compiling and maintaining an emergency health record about the individual and shall not collect or use it for any other purpose. O. Reg. 43/02, s. 15 (2).

(3) The emergency health record for an individual may contain only that personal information that the individual and his or her health care provider agree is necessary for the provision of emergency health care services. O. Reg. 43/02, s. 15 (3).

(4) The Agency may disclose an individual’s emergency health record and the personal information contained in it to a hospital, physician or other health care provider involved in providing or facilitating emergency health care services to the individual and shall not disclose it for any other purpose. O. Reg. 43/02, s. 15 (4).

Verification of users

16. (1) The Agency may collect personal information and use or disclose it in order,

(a) to register persons to use the Agency’s information infrastructure;

(b) to verify the identity of persons registering or registered to use the Agency’s information infrastructure; and

(c) to maintain and administer the registration of such persons. O. Reg. 54/05, s. 7.

(2) The Agency shall not use or disclose the personal information referred to in subsection (1) for any other purpose. O. Reg. 54/05, s. 7.

17. Revoked: O. Reg. 54/05, s. 7.

Review of the Agency’s affairs

18. The Minister shall conduct a review of the Agency’s affairs and submit a report to the Executive Council no later than the third anniversary of the day on which this Regulation comes into force. O. Reg. 43/02, s. 18.