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Excellent Care for All Act, 2010

ONTARIO REGULATION 445/10

gENERAL

Consolidation Period: From March 29, 2018 to the e-Laws currency date.

Last amendment: 120/18.

Legislative History: 237/16, 114/17, 555/17, 120/18.

This is the English version of a bilingual regulation.

Part I
Quality Committee

Public hospitals

1. (1) In this Part,

“public hospital” means a hospital within the meaning of the Public Hospitals Act.  O. Reg. 445/10, s. 1 (1).

(2) This section applies to a quality committee established by a public hospital under subsection 3 (1) of the Act.  O. Reg. 445/10, s. 1 (2).

(3) The quality committee shall be composed of the following:

1. At least the number of voting members of the hospital’s board that are required to ensure that one third of the members of the quality committee are voting members of the hospital’s board.

2. One member of the hospital’s medical advisory committee.

3. The hospital’s chief nursing executive within the meaning of Regulation 965 of the Revised Regulations of Ontario, 1990 (Hospital Management) made under the Public Hospitals Act.

4. One person who works in the hospital and who is not a member of the College of Physicians and Surgeons of Ontario or the College of Nurses of Ontario.

5. The hospital’s administrator within the meaning of the Public Hospitals Act.

6. Such other persons as are appointed by the hospital’s board.  O. Reg. 445/10, s. 1 (3).

(4) The hospital’s board shall appoint a voting member of the board to be the chair of the quality committee.  O. Reg. 445/10, s. 1 (4).

(5) A member of the quality committee mentioned in paragraph 2, 3, 4 or 5 of subsection (3) may, with the approval of the hospital’s board, appoint a delegate to sit as a member of the quality committee in his or her stead.  O. Reg. 445/10, s. 1 (5).

Part II
ONTARIO HEALTH QUALITY COUNCIL

Application

2. This Part applies to the Ontario Health Quality Council continued under subsection 10 (1) of the Act.  O. Reg. 445/10, s. 2.

Composition of Council

3. (1) Revoked : O. Reg. 114/17, s. 1 (1).

(2) Subject to subsection 10 (9) of the Act, the Council consists of the members of the Council appointed by the Lieutenant Governor in Council under subsection 10 (2) of the Act, who shall serve as the board of directors of the corporation.  O. Reg. 445/10, s. 3 (2).

(3) Subject to subsection (5), the following provisions apply respecting the term of members of the Council:

1. Each member shall hold office for a term of up to three years at the pleasure of the Lieutenant Governor in Council and may be reappointed for any number of terms of up to three years.

2. Despite paragraph 1, no person may be a member for more than six years in total.

3. Despite paragraph 2, a member who is designated by the Lieutenant Governor in Council as Chair after serving at least three years as a member may be appointed for one further term of up to three years while designated as Chair. O. Reg. 120/18, s. 1.

(4) Revoked : O. Reg. 114/17, s. 1 (3).

(5) If a person ceases to be a member of the Council, the first term of appointment of the person appointed to succeed that person may only be for the remainder of the first person’s term.  O. Reg. 445/10, s. 3 (5).

(6) One of the members shall be the Chair of the Council, and one of the members shall be the vice-Chair, as provided for by the Lieutenant Governor in Council.  O. Reg. 445/10, s. 3 (6).

(7) The Chair shall preside at all meetings of the Council and, in the absence of the Chair or if the office is vacant, the vice-Chair shall have all the powers and shall perform the duties of the Chair.  O. Reg. 445/10, s. 3 (7). 

(8) Members of the Council who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 are entitled to be paid such remuneration as is fixed by the Lieutenant Governor in Council, and are entitled to be reimbursed for reasonable expenses incurred in performing their duties under the Act and this Regulation.  O. Reg. 445/10, s. 3 (8). 

(9) The Council shall meet regularly throughout the year at the call of the Chair, and, in any event, at least four times a year.  O. Reg. 445/10, s. 3 (9). 

(10) A majority of members of the Council constitutes a quorum for meetings of the Council.  O. Reg. 445/10, s. 3 (10).

(11) The members are not personally liable for the debts, acts and obligations of the Council.  O. Reg. 445/10, s. 3 (11).

4. Revoked: O. Reg. 114/17, s. 2.

Non-application of Acts

5. The Corporations Act and the Corporations Information Act do not apply to the Council.  O. Reg. 445/10, s. 5.

Note: On the day subsection 211 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, section 5 of the Regulation is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”. (See: O. Reg. 114/17, s. 3)

Conflict of interest, indemnities and standard of care

6. Section 132, subsection 134 (1) and section 136 of the Business Corporations Act apply to the Council and to its members with necessary modifications.  O. Reg. 445/10, s. 6.

7. Revoked: O. Reg. 114/17, s. 4.

Additional function

8. It is an additional function of the Council to carry out any functions formerly carried out by a ministry of the Government of Ontario that are transferred to the Council by an agreement with the Crown or the Minister and with the approval of the Lieutenant Governor in Council, and the Council has every power needed for the purposes of entering into and carrying out such an agreement.  O. Reg. 445/10, s. 8. 

9. Revoked: O. Reg. 114/17, s. 5.

Chief executive officer and employees

10. (1) The Council shall appoint a chief executive officer.  O. Reg. 445/10, s. 10 (1). 

(2) The chief executive officer is responsible for the operation of the Council, subject to the supervision and direction of the Council.  O. Reg. 445/10, s. 10 (2).

(3) The chief executive officer may appoint such employees as are considered necessary for the proper conduct of the affairs of the Council.  O. Reg. 445/10, s. 10 (3).

(4) The employees are not public servants for the purposes of Part III of the Public Service of Ontario Act, 2006O. Reg. 445/10, s. 10 (4).  

(5) The chief executive officer who held office immediately before the coming into force of this Regulation continues to hold office until his or her position otherwise ends, and employees who were employed immediately before the coming into force of this Regulation continue to be employees until their employment otherwise ends.  O. Reg. 445/10, s. 10 (5).

11. Revoked: O. Reg. 237/16, s. 1.

Restriction on sale

12. The Council shall not sell any analysis of the information it has collected, or any of its services, without the approval of the Lieutenant Governor in Council.  O. Reg. 445/10, s. 12.

Fiscal year

13. The Council’s fiscal year begins on April 1 in each year and ends on March 31 in the following year.  O. Reg. 445/10, s. 13.

Auditor

14.  (1) The Council shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit annually the accounts and financial transactions of the corporation.  O. Reg. 445/10, s. 14 (1). 

(2) The Council shall give a copy of every auditor’s report to the Minister no later than 120 days after the end of the fiscal year to which the report relates, and shall make available to the Auditor General, on his or her request, the auditor’s report and all accounts, records and other documents relating to the audit.  O. Reg. 445/10, s. 14 (2); O. Reg. 555/17, s. 1.

(3) The Minister may require that any aspect of the affairs of the Council be audited by an auditor appointed by the Minister.  O. Reg. 445/10, s. 14 (3). 

Annual report

15. (1) The Council shall prepare an annual report, provide it to the Minister no later than 120 days after the end of the Council’s fiscal year and make it available to the public. O. Reg. 555/17, s. 2.

(2) The Council shall comply with such directives as may be issued by the Management Board of Cabinet with respect to,

(a) the form and content of the annual report; and

(b) when and how to make it available to the public. O. Reg. 555/17, s. 2.

(3) The Council shall include such additional content in the annual report as the Minister may require. O. Reg. 555/17, s. 2.

Tabling of annual report

15.1 The Minister shall table the Council’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. O. Reg. 555/17, s. 2.

Winding-up

16. If the Minister considers it to be in the public interest to wind up the affairs of the Council, he or she may do all things necessary to accomplish that, including dealing with the assets of the Council by,

(a) liquidating or selling the assets and paying the proceeds into the Consolidated Revenue Fund; or

(b) transferring the assets to the Crown, including another agency of the Crown.  O. Reg. 445/10, s. 16.

Part II.1
information practices

Personal health information

16.1 (1) For the purposes of section 13.0.1 of the Act and subject to subsection (2) of this section, the Council may collect, use and disclose personal health information about a patient or caregiver for the following purposes: 

1. To create vignettes describing the experiences of patients and caregivers with the health care system and publicize these vignettes on the Council’s website, in its reports and public communications, in conference materials and in educational materials.

2. To facilitate the participation of patients, caregivers and members of the public,

i. on the Patient, Family and Public Advisory Council and the Patient, Family and Public Advisors Broader Network, and

ii. in the Council’s development of,

A. quality indicators,

B. performance indicators, benchmarks and standards,

C. quality improvement supports and resources,

D. performance measures, and

E. guidelines, reviews, recommendations and reports. O. Reg. 120/18, s. 2.

(2) The Council shall not collect, use or disclose personal health information about a patient or caregiver for the purposes set out in subsection (1) unless,

(a) the Council obtains the express written consent of,

(i) the patient or caregiver to whom the information relates, or

(ii) if the patient or caregiver is incapable of giving consent or is deceased, the substitute decision-maker of the patient or caregiver; and

(b) the Council collects the personal health information directly from,

(i) the patient or caregiver to whom the information relates,

(ii) the substitute decision-maker of the patient or caregiver to whom the information relates, or

(iii) the caregiver of the patient to whom the information relates, if the patient or the substitute decision-maker of the patient has consented to the collection in accordance with clause (a). O. Reg. 120/18, s. 2.

(3) For the purposes of this section,

“substitute decision-maker” has the same meaning as in the Personal Health Information Protection Act, 2004; (“mandataire spécial”)

“patient” includes former patients. (“patient”) O. Reg. 120/18, s. 2.

Part III (omitted)

17. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 445/10, s. 17.

 

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