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O. Reg. 666/05: Certificate of Authorization

filed December 16, 2005 under Regulated Health Professions Act, 1991, S.O. 1991, c. 18

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ontario regulation 666/05

made under the

regulated health professions act, 1991

Made: December 13, 2005
Approved: December 15, 2005
Filed: December 16, 2005
Published on e-Laws: December 20, 2005
Printed in The Ontario Gazette: December 31, 2005

Amending O. Reg. 39/02

(Certificates of Authorization)

1. Ontario Regulation 39/02 is amended by adding the following section:

Definitions

0.1  In this Regulation,

“family member” means, in relation to a shareholder, the shareholder’s spouse, child or parent;

“spouse” means, in relation to a shareholder, a person to whom the shareholder is married or with whom the shareholder is living in a conjugal relationship outside marriage;

“voting dentist shareholder” means, in relation to a corporation, a member of the Royal College of Dental Surgeons of Ontario who owns voting shares of the corporation;

“voting physician shareholder” means, in relation to a corporation, a member of the College of Physicians and Surgeons of Ontario who owns voting shares of the corporation.

2. (1) Paragraph 2 of subsection 1 (1) of the Regulation is revoked and the following substituted:

2. In the case of a certificate of authorization issued by a College other than the College of Physicians and Surgeons of Ontario or the Royal College of Dental Surgeons of Ontario, all of the issued and outstanding shares of the corporation are legally and beneficially owned, directly or indirectly, by one or more members of the issuing College.

2.1 In the case of a certificate of authorization issued by the College of Physicians and Surgeons of Ontario, each issued and outstanding voting share of the corporation is legally and beneficially owned, directly or indirectly, by a member of the College and each issued and outstanding non-voting share of the corporation is owned in one of the following ways:

i. It is legally and beneficially owned, directly or indirectly, by a member of the College.

ii. It is legally and beneficially owned, directly or indirectly, by a family member of a voting physician shareholder.

iii. It is owned legally by one or more individuals, as trustees, in trust for one or more children of a voting physician shareholder who are minors, as beneficiaries.

2.2 In the case of a certificate of authorization issued by the Royal College of Dental Surgeons of Ontario, each issued and outstanding voting share of the corporation is legally and beneficially owned, directly or indirectly, by a member of the College and each issued and outstanding non-voting share of the corporation is owned in one of the following ways:

i. It is legally and beneficially owned, directly or indirectly, by a member of the College.

ii. It is legally and beneficially owned, directly or indirectly, by a family member of a voting dentist shareholder.

iii. It is owned legally by one or more individuals, as trustees, in trust for one or more children of a voting dentist shareholder who are minors, as beneficiaries.

(2) Subsections 1 (3) and (4) of the Regulation are revoked and the following substituted:

(3) The name of the corporation must include the surname of one or more shareholders of the corporation who are members of the College, as the surname is set out in the College register, and may also include the shareholder’s given name, one or more of the shareholder’s initials or a combination of his or her given name and initials.

(4) The name of the corporation must indicate the health profession to be practised by members of the College through the corporation.

3. (1) Subparagraph 6 i of subsection 2 (1) of the Regulation is revoked and the following substituted:

i. that the corporation is in compliance with section 3.2 of the Business Corporations Act, including the regulations made under that section, as of the date the statutory declaration is executed,

(2) Paragraph 7 of subsection 2 (1) of the Regulation is revoked and the following substituted:

7. The name of each person who is a shareholder of the corporation as of the day the application is submitted and, if the shareholder is a member of the College, his or her business address, business telephone number and registration number with the College as of that day.

4. The Regulation is amended by adding the following section:

Duty to give Registrar declaration upon shareholder change

4.1 At the time that a corporation holding a certificate of authorization issued by the College of Physicians and Surgeons of Ontario or the Royal College of Dental Surgeons of Ontario notifies the Registrar under section 85.9 of the Code of a change in the shareholders of the corporation, the corporation shall also give the Registrar the statutory declaration of a director of the corporation, executed after the change of shareholders, certifying that the corporation is in compliance with section 3.2 of the Business Corporations Act, including the regulations made under that section, as of the date the statutory declaration is executed.

5. (1) Subparagraph 5 i of section 5 of the Regulation is revoked and the following substituted:

i. that the corporation is in compliance with section 3.2 of the Business Corporations Act, including the regulations made under that section, as of the date the statutory declaration is executed,

(2) Paragraph 6 of section 5 of the Regulation is revoked and the following substituted:

6. The name of each person who is a shareholder of the corporation as of the day the application for renewal is submitted and, if the shareholder is a member of the College, his or her business address, business telephone number and registration number with the College as of that day.

6. Subsection 6 (1) of the Regulation is amended by adding the following paragraph:

6. In the case of a corporation that holds a certificate of authorization issued by the College of Physicians and Surgeons of Ontario or the Royal College of Dental Surgeons of Ontario, the corporation fails to give the Registrar a statutory declaration in accordance with section 4.1.

7. This Regulation comes into force on January 1, 2006.

Made by:

George Smitherman

Minister of Health and Long-Term Care

Date made: December 13, 2005.