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Local Health System Integration Act, 2006, S.O. 2006, c. 4

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Local Health System Integration Act, 2006

S.o. 2006, chapter 4

Consolidation Period:  From April 1, 2021 to the e-Laws currency date.

Note: This Act is repealed on a day to be named by proclamation of the Lieutenant Governor. (See: 2019, c. 5, Sched. 3, s. 11 (2))

Last amendment: 2020, c. 13, Sched. 3, s. 5.

Legislative History: 2006, c. 4, s. 33 (8), 40; 2006, c. 35, Sched. C, s. 63; 2007, c. 8, s. 214; 2007, c. 10, Sched. J, s. 3; 2009, c. 33, Sched. 2, s. 45; 2009, c. 33, Sched. 18, s. 14; 2010, c. 1, Sched. 15; 2010, c. 14, s. 19; 2010, c. 15, s. 231 (see 2017, c. 20, Sched. 8, s. 58); 2010, c. 25, s. 26; 2016, c. 30, s. 1-30; CTS 19 JL 12 - 1; 2017, c. 20, Sched. 8, s. 91; 2017, c. 20, Sched. 11, s. 19, 20; 2017, c. 25, Sched. 9, s. 100; 2017, c. 34, Sched. 46, s. 23; 2019, c. 5, Sched. 3, s. 11; 2019, c. 7, Sched. 53, s. 7; 2020, c. 13, Sched. 3, s. 5.

CONTENTS

PART I
INTERPRETATION

2.

Definitions

PART II
LOCAL HEALTH INTEGRATION NETWORKS

3.

Continuation and establishment

4.

Crown agency and status

5.

Objects

6.

Powers

7.

Board of directors

8.

Powers and duties of board

9.

Meetings

10.

Chief executive officer

11.

Other employees

11.1

Directives by Minister

11.2

Provincial standards

12.

Audit

12.1

Investigators

12.2

Local health integration network supervisor

13.

Fiscal year

13.1

Annual report

13.2

Tabling of annual report

PART IV
FUNDING AND ACCOUNTABILITY

17.

Funding of networks

18.

Accountability of networks

22.

Information and reports

PART VI
GENERAL

35.

Public interest

35.1

No liability

36.

Information for public

37.

Regulations

39.

Corporation

 

Preamble Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I
INTERPRETATION

1 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

Definitions

2 (1) In this Act,

“accountability agreement” means the accountability agreement in respect of the local health system that the Minister and a local health integration network are required to enter into under subsection 18 (1); (“entente de responsabilisation”)

“de-identify” has the same meaning as in subsection 47 (1) of the Personal Health Information Protection Act, 2004; (“anonymiser”)

“geographic area”, in relation to a local health integration network, means,

(a)  if the network is continued under subsection 3 (1) and no geographic area is prescribed for the network, the geographic area for the network that is set out on the local health integration network maps numbers 1 to 14 dated August 2005 that are available for inspection by the public at the offices of the Ministry and published on the Ministry’s website on the Internet, and

(b)  if clause (a) does not apply to the network, the geographic area that is prescribed for the network; (“zone géographique”)

“local health integration network” means a corporation that is continued under subsection 3 (1) or incorporated by regulation under subsection 3 (3); (“réseau local d’intégration des services de santé”)

“local health system” means the part of the health system that provides services in the geographic area of a local health integration network, whether or not the services are provided to people who reside in the geographic area; (“système de santé local”)

“Minister” means the Minister of Health and Long-Term Care or such other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

“personal health information” has the same meaning as in section 4 of the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”) 2006, c. 4, s. 2 (1); 2016, c. 30, s. 1 (1-3); 2019, c. 5, Sched. 3, s. 11 (2, 4).

(2)-(4) Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 of the Act is amended by adding the following subsection: (See: 2020, c. 13, Sched. 3, s. 5 (2))

Exclusion, home and community care services

(5) A person or entity that provides a home and community care service that has been purchased by a local health integration network is not a health service provider within the meaning of this Act in respect of the provision of the purchased service. 2020, c. 13, Sched. 3, s. 5 (2).

Section Amendments with date in force (d/m/y)

2007, c. 8, s. 214 (1, 2) - 01/07/2010

2009, c. 33, Sched. 18, s. 14 - 15/12/2009

2010, c. 15, s. 231 (1) - no effect - see 2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

2016, c. 30, s. 1 (1-3, 5, 6) - 08/12/2016; 2016, c. 30, s. 1 (4) - 01/11/2017

2017, c. 25, Sched. 9, s. 100 (1) - no effect - see 2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

2020, c. 13, Sched. 3, s. 5 (1) - no effect - see 2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021; 2020, c. 13, Sched. 3, s. 5 (2) - not in force

PART II
Local HEALTH integration NETWORKS

Continuation and establishment

3 (1) Each corporation that was incorporated under the Corporations Act under the name in English set out in Column 1 of the following Table and the name in French set out opposite in Column 2 on the date set out opposite in Column 3 is continued as a corporation without share capital under the name in English set out opposite in Column 4 and the name in French set out opposite in Column 5 and is a local health integration network.

Table
Corporations continued as Local Health Integration Networks

 

Item

Column 1
Name of corporation in English

Column 2
Name of corporation in French

Column 3
Date of incorporation

Column 4
Name of continued corporation in English

Column 5
Name of continued corporation in French

1.

Central Health Integration Network

Réseau d’intégration des services de santé du Centre

June 2, 2005

Central Local Health Integration Network

Réseau local d’intégration des services de santé du Centre

2.

Central East Health Integration Network

Réseau d’intégration des services de santé du Centre-Est

June 2, 2005

Central East Local Health Integration Network

Réseau local d’intégration des services de santé du Centre-Est

3.

Central West Health Integration Network

Réseau d’intégration des services de santé du Centre-Ouest

June 9, 2005

Central West Local Health Integration Network

Réseau local d’intégration des services de santé du Centre-Ouest

4.

Health Integration Network of Champlain

Réseau d’intégration des services de santé de Champlain

June 2, 2005

Champlain Local Health Integration Network

Réseau local d’intégration des services de santé de Champlain

5.

Health Integration Network of Erie
St. Clair

Réseau d’intégration des services de santé d’Érié St-Clair

June 2, 2005

Erie St. Clair Local Health Integration Network

Réseau local d’intégration des services de santé d’Érié St-Clair

6.

Health Integration Network of Hamilton Niagara Haldimand Brant

Réseau d’intégration des services de santé de Hamilton Niagara Haldimand Brant

June 2, 2005

Hamilton Niagara Haldimand Brant Local Health Integration Network

Réseau local d’intégration des services de santé de Hamilton Niagara Haldimand Brant

7.

Health Integration Network of Mississauga Halton

Réseau d’intégration des services de santé de Mississauga Halton

June 9, 2005

Mississauga Halton Local Health Integration Network

Réseau local d’intégration des services de santé de Mississauga Halton

8.

North East Health Integration Network

Réseau d’intégration des services de santé du Nord-Est

June 9, 2005

North East Local Health Integration Network

Réseau local d’intégration des services de santé du Nord-Est

9.

Health Integration Network of North Simcoe Muskoka

Réseau d’intégration des services de santé de Simcoe Nord Muskoka

June 9, 2005

North Simcoe Muskoka Local Health Integration Network

Réseau local d’intégration des services de santé de Simcoe Nord Muskoka

10.

Local Health Integration Network (North West Ontario)

Réseau d’intégration des services de santé (Nord-Ouest de l’Ontario)

June 16, 2005

North West Local Health Integration Network

Réseau local d’intégration des services de santé du Nord-Ouest

11.

South East Health Integration Network

Réseau d’intégration des services de santé du Sud-Est

June 9, 2005

South East Local Health Integration Network

Réseau local d’intégration des services de santé du Sud-Est

12.

South West Health Integration Network

Réseau d’intégration des services de santé du Sud-Ouest

June 2, 2005

South West Local Health Integration Network

Réseau local d’intégration des services de santé du Sud-Ouest

13.

Health Integration Network of Toronto Central

Réseau d’intégration des services de santé du Centre-Toronto

June 2, 2005

Toronto Central Local Health Integration Network

Réseau local d’intégration des services de santé du Centre-Toronto

14.

Health Integration Network of Waterloo Wellington

Réseau d’intégration des services de santé de Waterloo Wellington

June 2, 2005

Waterloo Wellington Local Health Integration Network

Réseau local d’intégration des services de santé de Waterloo Wellington

2006, c. 4, s. 3 (1); 2017, c. 20, Sched. 11, s. 20.

Extinguishment of letters patent

(2) The letters patent issued to constitute a corporation continued under subsection (1) are extinguished.  2006, c. 4, s. 3 (2).

Establishment

(3) The Lieutenant Governor in Council may by regulation incorporate one or more corporations as corporations without share capital and a corporation incorporated under this subsection is a local health integration network.  2006, c. 4, s. 3 (3).

Regulations

(4) The Lieutenant Governor in Council may, by regulation,

(a)  amalgamate or dissolve one or more local health integration networks;

(b)  divide a local health integration network into two or more local health integration networks;

(b.1)  change the geographic area of one or more local health integration networks;

(c)  change the name of a local health integration network;

(d)  do all things necessary to accomplish the amalgamation, dissolution, division or change of geographic area of one or more local health integration networks made by a regulation under clause (a), (b) or (b.1), including,

(i)  dealing with the assets and the liabilities of any of the networks in the manner specified in the regulation, including by,

(A)  liquidating or selling the assets and paying the proceeds into the Consolidated Revenue Fund, or

(B)  transferring the assets or liabilities to the Crown, an agency of the Crown or to another network, or

(ii)  transferring employees to the Crown, an agency of the Crown or to another network.  2006, c. 4, s. 3 (4); 2016, c. 30, s. 2.

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 2 (1, 2) - 08/12/2016

2017, c. 20, Sched. 11, s. 20 - 14/11/2017

Crown agency and status

4 (1) A local health integration network is an agent of the Crown and may exercise its powers only as an agent of the Crown.  2006, c. 4, s. 4 (1).

Other Acts

(2) The Corporations Act and the Corporations Information Act do not apply to a local health integration network, except as prescribed.  2006, c. 4, s. 4 (2).

Note: On October 19, 2021, the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, subsection 4 (2) of the Act is repealed and the following substituted: (See: 2017, c. 20, Sched. 8, s. 91)

Other Acts

(2) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to a local health integration network, except as prescribed. 2017, c. 20, Sched. 8, s. 91.

Same

(3) The following Acts do not apply to a local health integration network, the members of its board of directors or to its officers, employees or agents:

1.  Repealed:  2009, c. 33, Sched. 2, s. 45.

2.  Charities Accounting Act.  2006, c. 4, s. 4 (3); 2009, c. 33, Sched. 2, s. 45.

No charitable property

(4) The property of a local health integration network is not charitable property.  2006, c. 4, s. 4 (4).

Non-application of single employer rule

(5) Subsection 1 (4) of the Labour Relations Act, 1995 does not apply to a local health integration network. 2016, c. 30, s. 3.

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 2, s. 45 - 15/12/2009

2010, c. 15, s. 231 (2) - no effect - see 2017, c. 20, Sched. 8, s. 58 - 14/11/2017

2016, c. 30, s. 3 - 08/12/2016

2017, c. 20, Sched. 8, s. 91 - 19/10/2021

Objects

5 The objects of a local health integration network are,

(a)-(l) Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

  (m)  to ensure the effective and efficient management of the human, material and financial resources of the network and to account to the Minister for the use of the resources;

(m.1)  to provide health and related social services and supplies and equipment for the care of persons in home, community and other settings and to provide goods and services to assist caregivers in the provision of care for such persons;

(m.2)  to manage the placement of persons into long-term care homes, supportive housing programs, chronic care and rehabilitation beds in hospitals, and other programs and places where community services are provided under the Home Care and Community Services Act, 1994;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 5 (m.2) of the Act is repealed and the following substituted: (See: 2020, c. 13, Sched. 3, s. 5 (4))

(m.2)  to manage the placement of persons into long-term care homes, supportive housing programs, chronic care and rehabilitation beds in hospitals, other programs and places where community services are provided under the Home Care and Community Services Act, 1994, and other programs and places where home and community care services are provided pursuant to funding under section 21 of the Connecting Care Act, 2019;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 5 (m.2) of the Act is repealed and the following substituted: (See: 2020, c. 13, Sched. 3, s. 5 (5))

(m.2)  to manage the placement of persons into long-term care homes, supportive housing programs, chronic care and rehabilitation beds in hospitals, and other programs and places where home and community care services are provided pursuant to funding under section 21 of the Connecting Care Act, 2019;

(m.3)  to provide information to the public about, and make referrals to, health and social services;

(m.4)  Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

(n)  to carry out the other objects that the Minister specifies by regulation made under this Act.  2006, c. 4, s. 5; 2016, c. 30, s. 4; 2019, c. 5, Sched. 3, s. 11 (2, 4); 2020, c. 13, Sched. 3, s. 5 (3).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 4 (1-4) - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

2020, c. 13, Sched. 3, s. 5 (3) - 01/04/2021; 2020, c. 13, Sched. 3, s. 5 (4, 5) - not in force

Powers

6 (1) Except as limited by this Act, a local health integration network has the capacity, rights and powers of a natural person for carrying out its objects.  2006, c. 4, s. 6 (1).

Use of revenue

(2) A local health integration network shall carry out its operations without the purpose of gain and shall not use its revenue, including all money or assets that it receives by grant, contribution or otherwise, for any purpose other than to further its objects.  2006, c. 4, s. 6 (2).

Cabinet approval

(3) A local health integration network shall not exercise the following powers without the approval of the Lieutenant Governor in Council:

1.  Acquiring, disposing, leasing, mortgaging, charging, hypothecating or otherwise transferring or encumbering any interest in real property, except for leasing office space that is reasonably necessary for the purposes of the network.

2.  Borrowing or lending money.

3.  Investing its money.

4.  Pledging, charging or encumbering any of its personal property.

5.  Creating a subsidiary.

6., 7.  Repealed: 2016, c. 30, s. 5.

2006, c. 4, s. 6 (3); 2016, c. 30, s. 5.

Approval of two Ministers

(4) A local health integration network shall not exercise the following powers without the approval of both the Minister and the Minister of Finance:

1.  Receiving money or assets from any person or entity except the Crown in right of Ontario.

2.  Acting in association with a person or entity that conducts any fundraising activities or programs, directly or indirectly, for the network.  2006, c. 4, s. 6 (4).

Approval of Minister

(5) A local health integration network shall not exercise the following powers without the approval of the Minister:

1.  Making charitable donations except as authorized by this Act.

2.  Applying for or obtaining registration as a registered charity under the Income Tax Act (Canada).

3.  Entering into an agreement with any person, entity or government for the provision of services outside Ontario.

4.  Entering into an agreement with any government or government agency outside Ontario, including the Government of Canada or the government of a province or territory of Canada.  2006, c. 4, s. 6 (5).

No political donations

(6) A local health integration network shall not make any political donations.  2006, c. 4, s. 6 (6).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 5 - 08/12/2016

Board of directors

7 (1) Each local health integration network shall consist of no more than 12 members appointed by the Lieutenant Governor in Council who shall form the board of directors of the network, except that the Lieutenant Governor in Council may prescribe a higher number of members that is not more than 14. 2016, c. 30, s. 6 (1).

Term

(2) Subject to subsection (3), the following provisions apply respecting the term of members of the board of directors of a local health integration network:

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 as chair under subsection (6) after serving at least three years as a member may, despite anything else in subsection (6), be appointed for one further term of up to three years while designated as chair. 2016, c. 30, s. 6 (2).

Termination

(3) A member ceases to be a member of the board of directors of a local health integration network if, before the term of the member expires,

(a)  the Lieutenant Governor in Council revokes the member’s appointment as a member of the network; or

(b)  the member dies, resigns as a member of the board of directors or becomes a bankrupt.  2006, c. 4, s. 7 (3).

(4) Repealed: 2016, c. 30, s. 6 (3).

Remuneration

(5) The members of the board of directors shall receive the remuneration and reimbursement for reasonable expenses that the Lieutenant Governor in Council determines.  2006, c. 4, s. 7 (5).

Chair and vice-chair

(6) Subject to subsection (10), the Lieutenant Governor in Council shall designate a chair and at least one vice-chair from among the members of the board of directors.  2006, c. 4, s. 7 (6).

Chair’s role

(7) The chair shall preside over the meetings of the board of directors.  2006, c. 4, s. 7 (7).

Vice-chair

(8) If the chair is absent or otherwise unable to act or if the office is vacant, a vice-chair has all the powers and shall perform the duties of the chair.  2006, c. 4, s. 7 (8).

Absence of chair and vice-chairs

(9) In the absence of the chair and the vice-chairs, a director that the board of directors designates shall act as the chair.  2006, c. 4, s. 7 (9).

Where no designation

(10) If the Lieutenant Governor in Council has not designated a chair or a vice-chair of a network, the members of the board of directors may select a chair or vice-chair from among their members to hold office as provided for by by-law, until such time as the Lieutenant Governor in Council makes a designation. 2016, c. 30, s. 6 (4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 6 (1-4) - 08/12/2016

Powers and duties of board

8 (1) The affairs of each local health integration network are under the management and control of its board of directors.  2006, c. 4, s. 8 (1).

By-laws and resolutions

(2) Subject to subsections (3) and (4), a board of directors may make by-laws and pass resolutions regulating its proceedings and generally for the conduct and management of the affairs of the local health integration network including establishing committees. 2016, c. 30, s. 7 (1).

Officers

(2.1) Without limiting the generality of subsection (2), a board of directors may make by-laws or pass resolutions to appoint officers and assign to them such powers and duties as the board considers appropriate. 2016, c. 30, s. 7 (1).

Delegation

(2.2) A board of directors may delegate any of its powers or duties under this Act or any other Act to such person or persons as the board considers appropriate and may impose conditions and restrictions with respect to the delegation. 2016, c. 30, s. 7 (1).

(2.3) Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Minister’s approval

(3) The Minister may require the board of directors to submit a proposed by-law to the Minister for approval before making the by-law concerned and if so, the board shall not make the by-law concerned until the Minister approves it.  2006, c. 4, s. 8 (3).

Same, after making

(4) The Minister may require the board of directors to submit a by-law to the Minister for approval and if so,

(a)  the by-law concerned ceases to be effective from the time that the Minister imposes the requirement until the Minister approves the by-law;

(b)  anything that the board has done in compliance with the by-law concerned before the Minister imposes the requirement is valid; and

(c)  the board may do anything that, before the Minister imposes the requirement, it has agreed to do.  2006, c. 4, s. 8 (4).

Committees

(5) The board of directors of a local health integration network shall,

(a)  establish, by by-law, the committees of the board that the Minister, by regulation made under this Act, specifies;

(b)  appoint as members of the committees the persons who meet the qualifications, if any, that the Minister specifies in the regulation; and

(c)  ensure that the committees operate in accordance with the other requirements, if any, that the Minister specifies in the regulation.  2006, c. 4, s. 8 (5).

Duty of care and indemnification

(6) Subject to subsection (7), subsection 134 (1) and section 136 of the Business Corporations Act apply with necessary modifications to each local health integration network, its board of directors and its officers.  2006, c. 4, s. 8 (6).

Approval of indemnity

(7) A local health integration network shall not give an indemnity under section 136 of the Business Corporations Act to any person unless the indemnity has been approved in accordance with section 28 of the Financial Administration Act.  2006, c. 4, s. 8 (7).

(8) Repealed: 2016, c. 30, s. 7 (3).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 7 (1, 3) - 08/12/2016; 2016, c. 30, s. 7 (2) - 01/09/2017

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

Meetings

9 (1) The board of directors of a local health integration network shall meet regularly throughout the year and in any event shall hold at least four meetings in each calendar year.  2006, c. 4, s. 9 (1).

Quorum

(2) A majority of the directors constitutes a quorum for the conduct of business of the board.  2006, c. 4, s. 9 (2).

(3)-(7) Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 8 - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2) – 06/06/2019

Chief executive officer

10 (1) Each local health integration network shall appoint and employ a chief executive officer.  2006, c. 4, s. 10 (1).

Restriction

(2) The chief executive officer of a local health integration network shall not be a member of the board of directors of any local health integration network.  2006, c. 35, Sched. C, s. 63 (1).

Role

(3) The chief executive officer of a local health integration network is responsible for the management and administration of the affairs of the network, subject to the supervision and direction of its board of directors.  2006, c. 4, s. 10 (3).

(3.1) Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Remuneration

(4) The Minister may fix ranges for the salary or other remuneration and benefits of a chief executive officer and each local health integration network shall provide a salary or other remuneration and benefits to its chief executive officer within the ranges, if any, that the Minister fixes.  2006, c. 4, s. 10 (4).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 63 (1) - 20/08/2007

2016, c. 30, s. 9 - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

Other employees

11 (1) A local health integration network may employ the employees, other than a chief executive officer, that the network considers necessary for the proper conduct of the business of the network.  2006, c. 4, s. 11 (1).

(2) Repealed:  2006, c. 35, Sched. C, s. 63 (2).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 63 (2) - 20/08/2007

Directives by Minister

11.1 (1) The Minister may issue operational or policy directives to a local health integration network where the Minister considers it to be in the public interest to do so. 2016, c. 30, s. 10.

Binding

(2) A local health integration network shall comply with every directive of the Minister. 2016, c. 30, s. 10.

General or particular

(3) An operational or policy directive of the Minister may be general or particular in its application. 2016, c. 30, s. 10.

Non-application of Legislation Act, 2006

(4) Part III (Regulations) of the Legislation Act, 2006 does not apply to operational or policy directives. 2016, c. 30, s. 10.

Public availability

(5) The Minister shall make every directive under this section available to the public. 2016, c. 30, s. 10.

Law prevails

(6) For greater certainty, in the event of a conflict between a directive issued under this section and a provision of any applicable Act or rule of any applicable law, the Act or rule prevails. 2016, c. 30, s. 10.

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 10 - 08/12/2016

Provincial standards

11.2 (1) The Minister may issue provincial standards for the provision of health services that are provided or arranged by local health integration networks or health service providers where the Minister considers it to be in the public interest to do so. 2016, c. 30, s. 10.

General or particular

(2) A standard of the Minister may be general or particular in its application. 2016, c. 30, s. 10.

Obligations re standards

(3) Every local health integration network and health service provider to which a standard under this section is directed shall comply with the standard. 2016, c. 30, s. 10.

Non-application of Legislation Act, 2006

(4) Part III (Regulations) of the Legislation Act, 2006 does not apply to a standard under this section. 2016, c. 30, s. 10.

Resolving differences over priorities

(5) If a standard of a local health integration network or a health service provider conflicts with a provincial standard, the provincial standard prevails. 2016, c. 30, s. 10.

Same

(6) In the event of a conflict between a standard issued under this section and a provision of any applicable Act or rule of any applicable law, the Act or rule prevails. 2016, c. 30, s. 10.

Public availability

(7) The Minister shall make every standard under this section available to the public. 2016, c. 30, s. 10.

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 10 - 08/12/2016

Audit

12 (1) The board of directors of a local health integration network shall appoint an auditor licensed under the Public Accounting Act, 2004 to audit the accounts and financial transactions of the network annually.  2006, c. 4, s. 12 (1). 

Other audits

(2) In addition to the requirement for an annual audit,

(a)  the Minister may, at any time, review or audit any aspect of the operations of a local health integration network; and

(b)  the Auditor General may, at any time, audit any aspect of the operations of a local health integration network.  2006, c. 4, s. 12 (2); 2010, c. 25, s. 26.

Section Amendments with date in force (d/m/y)

2010, c. 25, s. 26 - 01/01/2011

Investigators

12.1 (1) The Minister may appoint one or more investigators to investigate and report on the quality of the management and administration of a local health integration network, or any other matter relating to a local health integration network, where the Minister considers it in the public interest to do so. 2016, c. 30, s. 11.

Powers

(2) An investigator may, without a warrant and at reasonable times,

(a)  enter the premises of a local health integration network; and

(b)  inspect the premises and the records relevant to the investigation. 2016, c. 30, s. 11.

Identification

(3) An investigator conducting an investigation shall produce, on request, evidence of his or her appointment. 2016, c. 30, s. 11.

Powers of investigator

(4) An investigator conducting an investigation may,

(a)  require the production of records or anything else that is relevant to the investigation, including books of account, documents, bank accounts, vouchers, correspondence and payroll records, records of staff hours worked and records of personal health information;

(b)  examine and copy any record or thing required under clause (a);

(c)  upon giving a receipt and showing the evidence of appointment, remove a record or anything else that is relevant to the investigation for review or copying, as long as the review or copying is carried out with reasonable dispatch and the record or thing is promptly returned to the local health integration network;

(d)  in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; and

(e)  question a person on matters relevant to the investigation. 2016, c. 30, s. 11.

Obligation to produce and assist

(5) If an investigator requires the production of a record or anything else that is relevant to the investigation, the local health integration network that has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form. 2016, c. 30, s. 11.

Restriction

(6) An investigator shall not exercise the investigator’s powers under subsections (4) and (5) to access personal health information except,

(a)  with the consent of the individual who is the subject of the personal health information; or

(b)  in such circumstances as may be prescribed. 2016, c. 30, s. 11.

Same

(7) If an investigator accesses personal health information under subsection (6), the investigator shall not,

(a)  collect, use or disclose the personal health information if other information will serve the purpose of the investigation; or

(b)  collect, use or disclose more personal health information than is reasonably necessary for the purpose of the investigation. 2016, c. 30, s. 11.

Confidentiality

(8) An investigator and his or her agents shall keep confidential all information that comes to the investigator’s knowledge in the course of an investigation under this Act and shall not communicate any information to any other person except as required by law or except where the communication is to the Minister or a person employed in or performing services for the Ministry. 2016, c. 30, s. 11.

Report

(9) The investigator shall, upon completion of an investigation, make a report in writing to the Minister. 2016, c. 30, s. 11.

De-identification of personal health information

(10) Before providing a report to the Minister under subsection (9), the investigator shall ensure that all personal health information is de-identified. 2016, c. 30, s. 11.

Same

(11) The Minister shall cause a copy of the report of an investigation, with all personal health information de-identified, to be delivered to the chair of the board of directors of the local health integration network. 2016, c. 30, s. 11.

Public availability

(12) The Minister shall make every report of an investigation available to the public. 2016, c. 30, s. 11.

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 11 - 08/12/2016

Local health integration network supervisor

12.2 (1) On the recommendation of the Minister, the Lieutenant Governor in Council may appoint a person as a local health integration network supervisor where the Lieutenant Governor in Council considers it in the public interest to do so. 2016, c. 30, s. 11.

Notice of appointment

(2) The Minister shall give the board of a local health integration network at least 14 days notice before recommending to the Lieutenant Governor in Council that a local health integration network supervisor be appointed. 2016, c. 30, s. 11.

Term of office

(3) The appointment of a local health integration network supervisor is valid until terminated by order of the Lieutenant Governor in Council. 2016, c. 30, s. 11.

Powers of supervisor

(4) Unless the appointment provides otherwise, a local health integration network supervisor has the exclusive right to exercise all of the powers of the board of the network and of the network and its directors, officers and members. 2016, c. 30, s. 11.

Same

(5) The Lieutenant Governor in Council may specify the powers and duties of a local health integration network supervisor appointed under this section and the terms and conditions governing those powers and duties. 2016, c. 30, s. 11.

Additional powers of supervisor

(6) If, under the order of the Lieutenant Governor in Council, the board of the network continues to have the right to act with regard to any matters, any such act of the board is valid only if approved in writing by the local health integration network supervisor. 2016, c. 30, s. 11.

Right of access

(7) A local health integration network supervisor appointed for a local health integration network has the same rights as the board and the chief executive officer of the network in respect of the documents, records and information of the board and the network. 2016, c. 30, s. 11.

Restrictions, personal health information

(8) A local health integration network supervisor shall not,

(a)  collect, use or disclose personal health information if other information will serve the purposes of the supervisor; or

(b)  collect, use or disclose more personal health information than is reasonably necessary for the purposes of the supervisor. 2016, c. 30, s. 11.

Minister’s directions

(9) The Minister may issue directions to a local health integration network supervisor with regard to any matter within the jurisdiction of the supervisor. 2016, c. 30, s. 11.

Directions to be followed

(10) A local health integration network supervisor shall carry out every direction of the Minister. 2016, c. 30, s. 11.

Report to Minister

(11) A local health integration network supervisor shall report to the Minister as required by the Minister. 2016, c. 30, s. 11.

De-identification of personal health information

(12) Before providing a report to the Minister under subsection (11), the local health integration network supervisor shall ensure that all personal health information is de-identified. 2016, c. 30, s. 11.

Public availability

(13) The Minister shall make every report of a supervisor available to the public. 2016, c. 30, s. 11.

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 11 - 08/12/2016

Fiscal year

13 The fiscal year of a local health integration network commences on April 1 in each year and ends on March 31 of the following year. 2017, c. 34, Sched. 46, s. 23.

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 46, s. 23 - 01/01/2018

Annual report

13.1 (1) Each local health integration network shall prepare an annual report, provide it to the Minister and make it available to the public. 2017, c. 34, Sched. 46, s. 23.

Same

(2) The local health integration network 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;

(b)  when to provide it to the Minister; and

(c)  when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 23.

Same

(3) The local health integration network shall include in the annual report,

(a)  data relating specifically to Aboriginal health issues addressed by the local health integration network; and

(b)  such additional content as the Minister may require. 2017, c. 34, Sched. 46, s. 23.

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 46, s. 23 - 01/01/2018

Tabling of annual report

13.2 The Minister shall table each local health integration network’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. 2017, c. 34, Sched. 46, s. 23.

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 46, s. 23 - 01/01/2018

13.3 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 46, s. 23 - 01/01/2018

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

Part iii (s. 14-16) Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

14 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 12 - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 31/01/2020, 01/04/2021

14.1 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 13 - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

15 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 14 (1, 2) - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

16 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 15 (1, 2) - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

Part IV
funding and accountability

Funding of networks

17 (1) The Minister may provide funding to a local health integration network on the terms and conditions that the Minister considers appropriate.  2006, c. 4, s. 17 (1).

Savings by a network

(2) When determining the funding to be provided to a local health integration network under subsection (1) for a fiscal year, the Minister shall consider whether to adjust the funding to take into account a portion of any savings from efficiencies that the local health system generated in the previous fiscal year and that the network proposes to spend on patient care in subsequent fiscal years in accordance with the accountability agreement.  2006, c. 4, s. 17 (2).

Accountability of networks

18 (1) The Minister and each local health integration network shall enter into an accountability agreement in respect of the local health system.  2006, c. 4, s. 18 (1).

Accountability agreement

(2) An accountability agreement shall be for more than one fiscal year and shall include,

(a)  performance goals and objectives for the network and the local health system;

(b)  performance standards, targets and measures for the network and the local health system;

(c)  requirements for the network to report on the performance of the network and the local health system;

(d)  a plan for spending the funding that the network receives under section 17, which spending shall be in accordance with the appropriation from which the Minister has provided the funding to the network;

(e)  a progressive performance management process for the network; and

(f)  all other prescribed matters, if any.  2006, c. 4, s. 18 (2).

If no agreement

(3) If the Minister and a local health integration network are unable to conclude an accountability agreement through negotiations, the Minister may set the terms of the agreement which shall include the matters set out in clauses (2) (a) to (f).  2006, c. 4, s. 18 (3).

Reports to Minister

(4) A local health integration network shall provide to the Minister, within the time and in the form that the Minister specifies, the plans, reports, financial statements, including audited financial statements, and information, other than personal health information, that the Minister requires for the purposes of administering this Act.  2006, c. 4, s. 18 (4); 2016, c. 30, s. 16.

Availability to the public

(5) The Minister and each local health integration network shall make copies of the accountability agreement of the network available to the public at the offices of the Ministry and the network, respectively.  2006, c. 4, s. 18 (5).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 16 - 08/12/2016

19 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 17 - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

20 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 18 - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

20.1 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 18 - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

2020, c. 13, Sched. 3, s. 5 (6, 7) - no effect - see 2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

20.2 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 19 - 01/09/2017

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

21 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 20 - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

21.1 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 21 - 01/09/2017

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

21.2 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 21 - 01/09/2017

2017, c. 25, Sched. 9, s. 100 (2) - no effect - see 2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

Information and reports

22 (1) Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Same, other persons

(2) A local health integration network may require that a prescribed person or entity provide to the network the prescribed plans, reports and other information, other than personal health information, that the network requires for the purposes of exercising its powers and duties under this Act or for the purposes that are prescribed.  2006, c. 4, s. 22 (2); 2016, c. 30, s. 22 (2).

Form of reports

(3) A person or entity that is required to provide plans, reports, financial statements or information under subsection (1) or (2) shall provide them within the time and in the form that the local health integration network specifies.  2006, c. 4, s. 22 (3).

Disclosure of information

(4) A local health integration network may disclose information that it collects under this section to the Minister or another local health integration network if the Minister or that network, as the case may be, requires the information for the purposes of exercising powers and duties under this Act. 2019, c. 5, Sched. 3, s. 11 (1).

Section Amendments with date in force (d/m/y)

2010, c. 14, s. 19 - 08/06/2010

2016, c. 30, s. 22 (1-3) - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (1) - 01/04/2020; 2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

Part v (s. 23-34) Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

23, 24 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

25 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2006, c. 4, s. 40 (3) - 25/07/2007

CTS 19 JL 12 - 1

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

26 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

27 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 23 (1-4) - 08/12/2016

2017, c. 25, Sched. 9, s. 100 (3) - no effect - 2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

28 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2007, c. 8, s. 214 (3, 4) - 01/07/2010

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

29 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2010, c. 15, s. 231 (3) - no effect - 2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

30 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

31 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 24 - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

32 Repealed: 2019, c. 7, Sched. 53, s. 7.

Section Amendments with date in force (d/m/y)

2006, c. 4, s. 40 (3) - 25/07/2007

2019, c. 7, Sched. 53, s. 7 - 29/05/2019

33 Repealed: 2016, c. 30, s. 25.

Section Amendments with date in force (d/m/y)

2006, c. 4, s. 33 (8) - no effect - see: 2016, c. 30, s. 25 - 08/12/2016

2016, c. 30, s. 25 - 08/12/2016

34 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

Part v.1 (s. 34.1-34.5) Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

34.1-34.5 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 26 - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

part VI
general

Public interest

35 In making a decision in the public interest under this Act, the Lieutenant Governor in Council, the Minister or a local health integration network, as the case may be, may consider any matter they regard as relevant including, without limiting the generality of the foregoing,

(a)  the quality of the management and administration of the local health integration network or the health service provider, as the case may be;

(b)  the proper management of the health care system in general;

(c)  the availability of financial resources for the management of the health care system and for the delivery of health care services;

(d)  the accessibility to health services in the geographic area or sub-region where the local health integration network or the health service provider, as the case may be, is located; and

(e)  the quality of the care and treatment of patients. 2016, c. 30, s. 27 (1).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 27 (1) - 08/12/2016

No liability

35.1 (1) No proceeding for damages or otherwise, other than an application for judicial review under the Judicial Review Procedure Act or a claim for compensation that is permitted under subsection 31 (3) of this Act, shall be commenced against any of the following with respect to any act done or omitted to be done or any decision, directive, standard or order made or issued under this Act that is done in good faith in the execution or intended execution of a power or duty under this Act:

1.  The Crown.

2.  The Minister.

3.  A local health integration network.

4.  Any member, director or officer of a local health integration network or an agent or a volunteer of a local health integration network.

5.  Any person employed by the Crown, the Minister or a local health integration network.

6.  An investigator or a supervisor appointed under section 12.1, 12.2, 21.1 or 21.2, or their staffs. 2016, c. 30, s. 27.

No protection re negligent health service delivery

(2) Nothing in subsection (1) prevents a claim for compensation with respect to the delivery of services by a local health integration network or the delivery of services arranged by a local health integration network, and, for greater certainty, a local health integration network does not deliver services, and services are not arranged by a local health integration network, when the network funds services under subsection 19 (1) to be delivered by a health service provider. 2016, c. 30, s. 27 (1).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 27 (1) - 08/12/2016; 2016, c. 30, s. 27 (2) - 01/09/2017

Information for public

36 The Minister and each local health integration network shall establish and maintain websites on the Internet and shall publish on their respective websites the documents that the Minister or the network, as the case may be, is required to make available to the public under this Act.  2006, c. 4, s. 36.

Regulations

37 (1) The Lieutenant Governor in Council may make regulations,

(a)  governing anything described in this Act as being prescribed;

(b)  Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

(c)  exempting a health service provider, a local health integration network or a class of health service providers or local health integration networks from any provision of this Act or the regulations made under it and specifying circumstances in which the exemption applies;

(d)  prescribing provisions of the Corporations Act that apply to a local health integration network and the modifications with which those provisions are to so apply;

Note: On October 19, 2021, the day named by proclamation of the Lieutenant Governor, clause (d) is amended by striking out “the Corporations Act” and substituting “the Not-for-Profit Corporations Act, 2010”.  See: 2010, c. 15, ss. 231 (4), 249.

(e)  specifying a person or any class of persons who may not be appointed as members of a local health integration network;

(f)-(k) Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

(l)  defining, for the purposes of this Act, any word or expression used in this Act that has not already been expressly defined in this Act.  2006, c. 4, s. 37 (1); 2016, c. 30, s. 28; 2019, c. 5, Sched. 3, s. 11 (2, 4).

Same, Minister

(2) The Minister may make regulations,

(a)  specifying additional objects of a local health integration network;

(b)  respecting any matter that can be dealt with by a regulation mentioned in subsection 8 (5).  2006, c. 4, s. 37 (2).

Scope

(3) A regulation made under this Act may be general or specific in its application, may create different classes and may make different provisions for different classes or circumstances.  2006, c. 4, s. 37 (3).

Classes

(4) A class described in the regulations made under this Act may be described according to any characteristic or combination of characteristics and may be described to include or exclude any specified member, whether or not with the same characteristics.  2006, c. 4, s. 37 (4).

Section Amendments with date in force (d/m/y)

2010, c. 15, s. 231 (4) - 19/10/2021

2016, c. 30, s. 28 - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

37.1 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 29 - no effect - 2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

38 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. J, s. 3 - 28/03/2006

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

Corporation

39 (1) The Lieutenant Governor in Council may by regulation incorporate a corporation without share capital to provide shared services to local health integration networks and others. 2016, c. 30, s. 30.

Matters in regulations

(2) The Lieutenant Governor in Council may, in the regulations incorporating the corporation without share capital, or in other regulations, make regulations with respect to the following:

1.  The name of the corporation.

2.  The conditions and restrictions that apply with respect to the corporation.

3.  The composition of the corporation.

4.  The composition of the board of directors and the appointment and remuneration of directors. As an option, the regulation may authorize the Lieutenant Governor in Council to make the appointment and determine the remuneration.

5.  The objects of the corporation, which may include the provision of shared services to local health integration networks, health service providers or other entities whose primary function is to deliver health services.

6.  The capacity, rights, powers and privileges of the corporation and any restrictions on them.

7.  The office of a chair and one or more vice-chairs, and their functions.

8.  The appointment and remuneration of the chief executive officer. As an option, the regulation may authorize the Lieutenant Governor in Council to make the appointment and determine the remuneration.

9.  The appointment of auditors.

10.  The frequency, nature and scope of reporting from the corporation and to whom the reports will be given.

11.  The corporation’s authority to employ or otherwise engage persons for the proper conduct of its activities.

12.  Requirements for the investigation, review and audits of the corporation by the Minister or his or her delegate.

13.  The application or non-application to the corporation of the Business Corporations Act, the Corporations Information Act or the Corporations Act or any provisions of those Acts or any successor of those Acts or any regulations under any of those Acts.

14.  The procedures and administration of the corporation.

15.  Directives and policies that the Minister may issue to the corporation relating to the exercise of its powers or the performance of its duties and the duty of the board of directors to ensure that the directives and policies are implemented promptly and efficiently.

16.  Amalgamating the corporation or any part of it with any other person or entity or dissolving the corporation or any part of it, and doing all things necessary to accomplish the amalgamation or dissolution, including dealing with the assets and liabilities of the corporation, and transferring such assets or transferring employees to the Crown, a Crown agent or another corporation.

17.  Any other matters the Lieutenant Governor in Council considers necessary or desirable. 2016, c. 30, s. 30.

Crown agency

(3) The corporation is a Crown agent for all purposes unless a regulation specifies otherwise. 2016, c. 30, s. 30.

(4) Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

No personal liability

(5) No action or other proceeding for damages may be instituted against any member, director, officer, employee or agent of the corporation for any act done in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. 2016, c. 30, s. 30.

Non-application of single employer rule

(6) Subsection 1 (4) of the Labour Relations Act, 1995 does not apply to the corporation. 2016, c. 30, s. 30.

Restrictions on borrowing, etc.

(7) The corporation shall not, as a Crown agent, borrow, invest funds or manage financial risks, unless it is permitted to do so by regulation and unless the activity is authorized by a by-law that has been approved in writing by the Minister of Health and Long-Term Care and by the Minister of Finance. 2016, c. 30, s. 30.

Same

(8) Subject to subsection (9), the Ontario Financing Authority shall co-ordinate and arrange all borrowing, investing of funds and managing of financial risks for the corporation. 2016, c. 30, s. 30.

Direction re borrowing, etc.

(9) The Minister of Finance may, in writing, direct a person other than the Ontario Financing Authority to coordinate and arrange the borrowing, investing of funds and managing of financial risks for the corporation. 2016, c. 30, s. 30.

Same

(10) The direction under subsection (9) may be general or specific and may include terms and conditions that the Minister of Finance considers advisable. 2016, c. 30, s. 30.

Use of certain revenues

(11) The revenues that the corporation receives as a Crown agent shall be used for the purposes specified by regulation, and for no other purpose. 2016, c. 30, s. 30.

Information disclosure

(12) If the corporation is requested by a local health integration network to provide assistance to the network to process a person’s request under the Freedom of Information and Protection of Privacy Act, the network shall disclose such information to the corporation as is necessary for that purpose, including personal information, but shall not disclose any information whose disclosure is not necessary for the purpose of processing the request. 2016, c. 30, s. 30.

Definition

(13) In this section,

“corporation” means the corporation without share capital incorporated by regulation under subsection (1). 2016, c. 30, s. 30.

Section Amendments with date in force (d/m/y)

2010, c. 1, Sched. 15, s. 1 - 28/03/2010

2016, c. 30, s. 30 - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

40 Repealed: 2019, c. 5, Sched. 3, s. 11 (2, 4).

Section Amendments with date in force (d/m/y)

2016, c. 30, s. 30 - 08/12/2016

2019, c. 5, Sched. 3, s. 11 (2, 4) - 01/04/2021

41-54 Omitted (amends or repeals other Acts).  2006, c. 4, ss. 41-54.

55 Omitted (provides for coming into force of provisions of this Act).  2006, c. 4, s. 55.

56 Omitted (enacts short title of this Act).  2006, c. 4, s. 56.

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