Health Care Staffing Agency Reporting Act, 2025

S.o. 2025, chapter 7
Schedule 3

Consolidation Period: From June 5, 2025 to the e-Laws currency date.

Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by order of the Lieutenant Governor in Council.

No amendments.

CONTENTS

 

Definitions

1 In this Act,

“health care facility” means a public hospital, the University of Ottawa Heart Institute / Institut de cardiologie de l’Université d’Ottawa, a long-term care home or any other prescribed facility or prescribed provider; (“établissement de soins de santé”)

“health care facility staffing agency” means a temporary help agency, within the meaning of the Employment Standards Act, 2000, that assigns any prescribed persons to perform work in or for a health care facility; (“agence de placement de personnel dans les établissements de soins de santé”)

“long-term care home” means a long-term care home within the meaning of the Fixing Long-Term Care Act, 2021; (“foyer de soins de longue durée”)

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

“prescribed” means prescribed by the regulations; (“prescrit”)

“public hospital” means a hospital within the meaning of the Public Hospitals Act; (“hôpital public”)

“regulations” means the regulations made under this Act. (“règlements”)

Reports

2 (1) A health care facility staffing agency shall, at least every six months or within such other time as may be prescribed, submit a report to the Minister that contains the prescribed aggregate administrative, billing or pay rate information for health care facilities to which the agency assigns prescribed persons.

Submission

(2) A report required under subsection (1) shall be submitted in the prescribed form and manner and within the prescribed timeline.

Record maintenance

3 A health care facility staffing agency shall comply with the following record maintenance requirements:

1. A true copy of any contract to assign prescribed employees to a health care facility that was entered into or amended or modified on or after the day this section comes into force must be retained until three years after the day the contract expires.

2. A true copy of any invoice relating to prescribed administrative, billing or pay rate information that was issued on or after the day the information it contains was prescribed for the purposes of subsection 2 (1) must be retained until three years after the day it was issued.

Publication

4 The Minister may publish, in the prescribed form and manner and within the prescribed timeline, any information contained in the reports submitted under section 2 that is prescribed.

Crown liability

No personal liability

5 (1) No cause of action arises against any current or former member of the Executive Council, an employee or agent of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions.

Crown remains vicariously liable

(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1).

Proceedings barred

(3) No proceeding shall be commenced against any person specified in subsection (1) in respect of a matter referred to in that subsection.

Same

(4) Subsection (3) does not apply with respect to an application for judicial review, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a judgment, order or award made outside Ontario or any form of compensation or damages including loss of revenue or profit.

Proceedings by Crown not prevented

(5) This section does not apply with respect to proceedings brought by the Crown.

No compensation

6 No person is entitled to compensation as a result of the enactment of this Act, the filing of any regulation or the collection, use, disclosure or publication of any information as authorized under this Act.

Conflicts

7 This Act and the regulations prevail over any agreement to the contrary, including any agreement entered into before the day this Act came into force.

Offences

8 Every person who contravenes this Act or the regulations is guilty of an offence and on conviction is liable to a fine,

(a) not exceeding $10,000, in the case of an individual; and

(b) not exceeding $25,000, in the case of a corporation.

Regulations

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

(a) prescribing anything that is referred to in this Act as being prescribed;

(b) governing the reports required under section 2, including governing the form and manner of the reports and the timing of submission;

(c) governing the publication of information under section 4, including governing the form and manner in which the information is published and the timing of publication;

(d) exempting any person or class of persons from any provision of this Act and attaching conditions to the exemption;

(e) respecting any matter considered necessary or advisable to carry out effectively the purpose of this Act.

Application to existing agreements

(2) A regulation made under subsection (1) may, if it so provides, specify that it applies to an agreement that was entered into before the day the regulation is filed, including an agreement that was entered into before the day this Act came into force.

10 Omitted (provides for coming into force of provisions of this Act).

11 Omitted (enacts short title of this Act).