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Cancer Act

R.S.O. 1990, CHAPTER C.1

Consolidation Period: From June 22, 2006 to the e-Laws currency date.

Last amendment: 2006, c.19, Sched.L, s.11 (2).

PART I
THE ONTARIO CANCER TREATMENT AND RESEARCH FOUNDATION

Foundation continued

1. The corporation known as The Ontario Cancer Treatment and Research Foundation, referred to in this Act as the Foundation, is continued under the name The Ontario Cancer Treatment and Research Foundation in English and under the name Fondation ontarienne pour la recherche en cancérologie et le traitement du cancer in French. R.S.O. 1990, c. C.1, s. 1.

Members

2. (1) The Foundation shall consist of not fewer than seven members who shall be appointed by the Lieutenant Governor in Council and who shall hold office during pleasure. R.S.O. 1990, c. C.1, s. 2 (1).

Vacancies

(2) The Lieutenant Governor in Council may fill any vacancies that occur from time to time in the membership of the Foundation. R.S.O. 1990, c. C.1, s. 2 (2).

Quorum

(3) Five of the members of the Foundation constitute a quorum for the transaction of business. R.S.O. 1990, c. C.1, s. 2 (3).

Chair, vice-chair

3. (1) The Lieutenant Governor in Council may appoint one of the members to be chair of the Foundation and another of the members to be vice-chair of the Foundation. R.S.O. 1990, c. C.1, s. 3 (1).

Presiding officer

(2) The chair shall preside at all meetings of the Foundation at which he or she is present and in his or her absence the vice-chair shall preside and in the absence of both the chair and the vice-chair the members present shall elect one of themselves to preside. R.S.O. 1990, c. C.1, s. 3 (2).

Advisory medical board

4. Subject to the approval of the Lieutenant Governor in Council, the Foundation may appoint an advisory medical board consisting of such persons representative of the medical faculties of the University of Toronto, Queen’s University, The University of Western Ontario and the University of Ottawa, and of radiotherapists, surgeons, pathologists, internists, physicists and the medical profession generally as the Foundation considers appropriate. R.S.O. 1990, c. C.1, s. 4.

Object

5. The object of the Foundation is to establish and conduct a program of research, diagnosis and treatment in cancer, including,

(a) the establishment, maintenance and operation of research, diagnostic and treatment centres in general hospitals or elsewhere;

(b) the transportation of patients and escorts to its treatment centres or to the hospital of the Institute for diagnosis, treatment or investigation;

(c) the establishment and operation of hostels in connection with its treatment centres or the hospital division operated by University Health Network known as Princess Margaret Hospital;

(d) the laboratory and clinical investigation of cancer problems;

(e) the co-ordination of facilities for treatment;

(f) the adequate reporting of cases and the recording and compilation of data;

(g) the education of the public in the importance of early recognition and treatment;

(h) the providing of facilities for undergraduate and postgraduate study;

(i) the training of technical personnel; and

(j) the providing and awarding of research fellowships. R.S.O. 1990, c. C.1, s. 5; 1997, c. 45, s. 15 (1); 2002, c. 18, Sched. I, s. 2.

Agreements

6. The Foundation may make agreements with universities, medical associations, hospitals and persons for the purpose of carrying out the object of the Foundation. R.S.O. 1990, c. C.1, s. 6; 1997, c. 15, s. 2 (1).

Information to be confidential

7. (1) Any information or report respecting a case of cancer furnished to the Foundation by any person shall be kept confidential and shall not be used or disclosed by the Foundation to any person for any purpose other than for compiling statistics or carrying out medical or epidemiological research. R.S.O. 1990, c. C.1, s. 7 (1).

Liability

(2) No action or other proceeding for damages lies or shall be instituted against any legally qualified medical practitioner or any licensed dental surgeon or any hospital in respect of the furnishing to the Foundation of any information or report with respect to a case of cancer examined, diagnosed or treated by such medical practitioner or dental surgeon or at such hospital. R.S.O. 1990, c. C.1, s. 7 (2).

Employees

8. The Foundation may employ a director and employees and may engage the services of experts and other persons and may pay the director, employees, experts or other persons such remuneration as it considers proper out of its funds. R.S.O. 1990, c. C.1, s. 8.

By-laws

9. The Foundation may make such by-laws, rules or regulations as are considered expedient for the administration of its affairs. R.S.O. 1990, c. C.1, s. 9; 1997, c. 15, s. 2 (2).

Funds

10. The funds of the Foundation consist of money received by it from any source including money appropriated for its use by the Parliament of Canada or the Legislature of Ontario, and the Foundation may disburse, expend or otherwise deal with any of its funds in such manner not contrary to law as it considers proper. R.S.O. 1990, c. C.1, s. 10.

Expenses

11. The members of the Foundation and its medical advisory board shall be paid such amounts for travelling and other expenses as the Foundation may determine from time to time. R.S.O. 1990, c. C.1, s. 11; 1997, c. 15, s. 2 (3).

Audit

12. The accounts of the Foundation shall be audited annually by the Auditor General or by such qualified auditor as the Lieutenant Governor in Council designates, in which event the costs of the audit shall be paid out of the funds of the Foundation. R.S.O. 1990, c. C.1, s. 12; 2004, c. 17, s. 32.

Annual report

13. (1) The Foundation shall after the close of each fiscal year make a report upon its affairs during the preceding year to the Minister of Health and Long-Term Care and every such report shall contain a financial statement, certified by the auditor, showing all money received and disbursed by the Foundation during the preceding year. R.S.O. 1990, c. C.1, s. 13 (1); 2006, c. 19, Sched. L, s. 11 (2).

Idem

(2) The Minister of Health and Long-Term Care shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. C.1, s. 13 (2); 2006, c. 19, Sched. L, s. 11 (2).

Power to expropriate land and erect buildings

14. (1) Subject to the approval of the Lieutenant Governor in Council, the Foundation may acquire by purchase or lease, or may enter upon, take and use without the consent of the owner thereof, any land and buildings that are considered suitable for the purposes of the Foundation and may erect buildings, acquire and install machinery and equipment and purchase all such instruments, materials and appliances and other matters and things that are considered necessary. R.S.O. 1990, c. C.1, s. 14 (1).

Idem

(2) Whenever the Foundation exercises the power to enter upon, take or use lands without the consent of the owner thereof, the Expropriations Act applies. R.S.O. 1990, c. C.1, s. 14 (2).

Right to acquire patents, etc.

15. Subject to the approval of the Lieutenant Governor in Council, the Foundation may apply for, or acquire by purchase, assignment or otherwise, rights in any patent relating to any remedy for the prevention or cure of cancer and may sell and dispose thereof or of any interest therein, and grant or assign any rights that have been acquired by the Foundation thereunder. R.S.O. 1990, c. C.1, s. 15.

Property not liable to assessment

16. The real and personal property, business and income of the Foundation is not subject to taxation for municipal or provincial purposes. R.S.O. 1990, c. C.1, s. 16.

PART II (ss. 17-29) Repealed: 1997, c. 45, s. 15 (2).

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