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Independent Health Facilities Act

R.S.O. 1990, Chapter I.3

Consolidation Period:  From December 10, 2019 to the e-Laws currency date.

Note: This Act is repealed on a day to be named by proclamation of the Lieutenant Governor. (See: 2017, c. 25, Sched. 9, s. 84 (1))

Last amendment: 2019, c. 15, Sched. 19.

Legislative History: 1996, c. 1, Sched. F, s. 19-39; 1998, c. 18, Sched. G, s. 60; 1999, c. 6, s. 30; 2002, c. 18, Sched. I, s. 12; 2004, c. 3, Sched. A, s. 88; 2005, c. 5, s. 34; 2006, c. 19, Sched. C, s. 1 (1), (2); 2006, c. 19, Sched. L, s. 5, 11 (2), (3); 2006, c. 21, Sched. C, s. 113; 2006, c. 21, Sched. F, s. 136 (1); 2006, c. 35, Sched. C, s. 55; 2009, c. 33, Sched. 2, s. 36; 2009, c. 33, Sched. 18, s. 13, 17 (2); 2010, c. 15, s. 229; 2011, c. 1, Sched. 6, s. 5; 2017, c. 25, Sched. 9, s. 84 (1), 122; 2019, c. 7, Sched. 17, s. 93; 2019, c. 15, Sched. 19.

CONTENTS

1.

Interpretation

2.

Application of Act

3.

Licences and facility fees

4.

Powers of Minister

5.

Applications

6.

Issuance of licence

7.

Application for a licence

8.

Adding services to licence

8.1

Where Director refuses to issue licence

9.

Minister may direct refusal to issue licence

10.

Relocation

11.

Transfer of licence

12.

Expiry of licence

13.

Share transfer

14.

Duty of corporation to notify Director

15.

Licence not to be used as security

16.

Contracts

16.1

Requirements for all applications

16.2

Requirements on licensee

16.3

Truthfulness

16.4

Incident review process

16.5

Posting

17.

Order by Director to take control

17.1

Renewal of licence

18.

Revocation or suspension of licence

19.

Refusal to renew or revoke licence by Minister

19.1

No petition to Lieutenant Governor in Council

20.

Process where Director refuses renewal, revokes or suspends, etc.

20.1

Amendments to conditions of licence

21.

Hearings before the Board

22.

Appeal from decision of Board

23.

Service of notice

24.

Minister to pay for services

24.1

Record-keeping

24.2

Refusal to pay if not required form, etc.

24.3

Refusal to pay, pay reduced amount or substitute amount: circumstances

24.4

Reimbursement, non-entitled person

24.5

Debt

24.6

Transitional

24.7

Settlement

24.8

Interest

24.9

Hearing by Board

24.10

Powers of Board

24.11

Appeal to Board

25.

Inspectors

26.

Inspections by inspectors appointed by Registrar

26.1

Purpose of inspection

27.

Appointment of assessors

28.

Appointment of assessors and reports

30.

Powers of assessor

31.

Assessment

33.

Copy constitutes evidence

34.

Order to enter

35.

Obstruction offence

35.1

Production order

35.2

Not compellable witness

35.3

Protection of information

35.4

Certain documents

35.5

Filing with court

35.6

Publication

36.

Ontario Health Insurance

37.

Confidential information

37.1

Personal information

37.2

Disclosure of information to the Director

38.

Immunity

38.1

No compensation

39.

Offences

40.

Restraining order

40.1

Compliance orders

40.2

Due diligence, mistakes do not prevent action

40.3

Consideration of past conduct

41.

Annual report

42.

Regulations

Interpretation

1 (1) In this Act,

“assessor” means an assessor appointed under section 27; (“évaluateur”)

“Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission”)

“College” means the College of Physicians and Surgeons of Ontario; (“Ordre”)

“compliance order” means an order made under section 40.1; (“ordre de conformité”)

“Director” means the Director appointed under section 4; (“directeur”)

“facility fee” means,

(a) a charge, fee or payment for or in respect of a service or operating cost that,

(i) supports, assists and is a necessary adjunct, or any of them, to an insured service, and

(ii) is not part of the insured service, or

(b) a charge, fee or payment for or in respect of a service or class of services designated by the Minister under clause 4 (2) (a); (“frais d’établissement”)

“health facility” means a place in which one or more members of the public receive health services and includes an independent health facility; (“établissement de santé”)

“independent health facility” means,

(a) a health facility in which one or more members of the public receive services for or in respect of which facility fees are charged or paid, or

(b) a health facility or a class of health facilities designated by the Minister under clause 4 (2) (b),

but does not include a health facility referred to in section 2; (“établissement de santé autonome”)

“inspector” means an inspector appointed under section 25 or 26; (“inspecteur”)

“insured person” has the same meaning as in the Health Insurance Act; (“assuré”)

“insured service” means,

(a) a service rendered by a physician for which an amount payable is prescribed by the regulations under the Health Insurance Act, or

(b) a service prescribed as an insured service under the Health Insurance Act rendered by a practitioner within the meaning of that Act; (“service assuré”)

“justice” has the same meaning as in the Provincial Offences Act; (“juge”)

“licence” means a licence issued by the Director under this Act; (“permis”)

“Minister” means the Minister of Health and Long-Term Care; (“ministre”)

“Ministry” means the Ministry of Health and Long-Term Care; (“ministère”)

“patient” means a person who receives health services in a health facility; (“patient”)

“personal information” means personal information as defined in the Freedom of Information and Protection of Privacy Act and includes personal health information as defined in the Personal Health Information Protection Act, 2004; (“renseignements personnels”)

“physician” means a legally qualified medical practitioner; (“médecin”)

“Plan” means the Ontario Health Insurance Plan referred to in section 10 of the Health Insurance Act; (“Régime”)

“potential licensee” means a person who is permitted to operate an independent health facility under subsection 7 (6) or to provide a service under subsection 8 (5); (“titulaire éventuel de permis”)

“provincial offences officer” has the same meaning as in the Provincial Offences Act; (“agent des infractions provinciales”)

“Registrar” means the Registrar of the College of Physicians and Surgeons of Ontario; (“registrateur”)

“regulated health professional” means a health professional whose profession is regulated under the Regulated Health Professions Act, 1991; (membre d’une profession de la santé réglementée)

“regulations” means regulations made under this Act; (“règlements”)

“requirement under this Act” means a requirement contained in this Act or its regulations, or set out in a compliance order or other order authorized under this Act or a requirement that is a limitation and condition of a licence or condition of receiving funding; (“exigence que prévoit la présente loi”)

“voting share” means any share of any class of shares of a body corporate carrying voting rights under all circumstances and any share of any class of shares carrying voting rights by reason of the occurrence of a contingency that has occurred and is continuing. (“action avec droit de vote”)  R.S.O. 1990, c. I.3, s. 1 (1); 1996, c. 1, Sched. F, s. 19; 1998, c. 18, Sched. G, s. 60 (1); 2002, c. 18, Sched. I, s. 12 (1); 2006, c. 19, Sched. L, s. 11 (2, 3); 2009, c. 33, Sched. 18, ss. 13 (1), 17 (2); 2019, c. 15, Sched. 19, s. 1.

Interest affecting the control of a corporation

(2) A person shall be deemed to have an interest affecting the control of a corporation if the person alone or with one or more associates directly or indirectly beneficially owns or controls the lesser of,

(a) voting shares in the corporation in a sufficient number to permit that person either alone or with one or more associates to direct the management and policies of the corporation; or

(b) voting shares to which are attached 10 per cent or more of the voting rights attached to all issued and outstanding voting shares of the corporation.  R.S.O. 1990, c. I.3, s. 1 (2).

Associates

(3) Persons shall be deemed to be associates of each other if,

(a) one person is a corporation of which the other person is an officer or director;

(b) one person is a partner of the other person;

(c) one person is a corporation of which the other person beneficially owns, directly or indirectly, voting shares carrying more than 10 per cent of the voting rights attached to all voting shares of the corporation for the time being outstanding;

(d) both persons are members of a voting trust where the trust relates to shares of a corporation;

(e) one person is the father, mother, brother, sister, child or spouse of the other person or is another relative who has the same home as the other person; or

(f) both persons are associates within the meaning of clauses (a) to (e) of the same person.  R.S.O. 1990, c. I.3, s. 1 (3); 1999, c. 6, s. 30 (1); 2005, c. 5, s. 34 (1).

Definition

(3.1) In subsection (3),

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage.  1999, c. 6, s. 30 (2); 2005, c. 5, s. 34 (2, 3).

Corporations without share capital

(4) For the purposes of this Act, the provisions of this Act related to corporations, their control, and the ownership, control and voting of shares apply with necessary modifications in respect of corporations to which Part III of the Corporations Act applies.  R.S.O. 1990, c. I.3, s. 1 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is amended by striking out “Part III of the Corporations Act” and substituting “the Not-for-Profit Corporations Act, 2010”.  See: 2010, c. 15, ss. 229, 249.

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

1996, c. 1, Sched. F, s. 19 (1, 2, 4, 5) - 1/04/1996; 1998, c. 18, Sched. G, s. 60 (1) - 1/02/1999; 1999, c. 6, s. 30 (1, 2) - 1/03/2000

2002, c. 18, Sched. I, s. 12 (1) - 26/11/2002

2005, c. 5, s. 34 (1-3) - 9/03/2005

2006, c. 19, Sched. L, s. 11 (2, 3) - 22/06/2006

2009, c. 33, Sched. 18, s. 13 (1), 17 (2) - 15/12/2009

2010, c. 15, s. 229 - not in force

2019, c. 15, Sched. 19, s. 1 - 10/12/2019

Application of Act

2 This Act does not apply to the following health facilities, persons, places or services:

1. An office or place in which one or more persons provide services in the course of the practice of a health profession,

i. for or in respect of which the only charges made for insured services are for amounts paid or payable by the Plan as defined in the Health Insurance Act, and

ii. for or in respect of which no facility fee is requested from or paid by the Province or any person.

2. A service or class of services that is exempt by the regulations.

3. A health facility or class of health facilities that is exempt by the regulations.

4. A person who is or a class of persons that is exempt by the regulations.  R.S.O. 1990, c. I.3, s. 2.

Licences and facility fees

Licence required

3 (1) No person shall establish or operate an independent health facility except under the authority of a licence issued by the Director.  R.S.O. 1990, c. I.3, s. 3 (1).

Billing facility fees

(2) No person shall charge a facility fee, or accept payment of a facility fee, for or in respect of a service provided in an independent health facility unless the facility is operated by a person licensed under this Act.  1996, c. 1, Sched. F, s. 20 (1).

Same

(3) No person shall charge a facility fee, or accept payment of a facility fee, for or in respect of a service provided to an insured person in an independent health facility operated by a person licensed under this Act, unless the fee is charged to, or the payment is received from, the Minister or a prescribed person.  1996, c. 1, Sched. F, s. 20 (2).

Regulation

(3.1) A regulation under subsection (3) shall not prescribe an insured person who receives an insured service as a person to whom a facility fee may be charged, or from whom payment of a facility fee may be received, in respect of the service.  1996, c. 1, Sched. F, s. 20 (2).

Obtaining funding to which not entitled

(4) No person shall obtain, receive or attempt to obtain or receive any of the following that the person is not entitled to obtain or receive under this Act or the regulations:

1. Payment for or in respect of an independent health facility.

2. Payment for or in respect of a service provided in an independent health facility. 2019, c. 15, Sched. 19, s. 2.

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

1996, c. 1, Sched. F, s. 20 (1-3) - 1/04/1996

2019, c. 15, Sched. 19, s. 2 - 10/12/2019

Powers of Minister

Director

4 (1) The Minister shall appoint an employee of the Ministry to be the Director of Independent Health Facilities.  R.S.O. 1990, c. I.3, s. 4.

Designated services and facilities

(2) The Minister may designate,

(a) services or classes of services as services for or in respect of which a charge or payment is a facility fee for the purposes of this Act; and

(b) health facilities or classes of health facilities as independent health facilities for the purposes of this Act.  1996, c. 1, Sched. F, s. 21.

Approval of designation

(3) A designation under subsection (2) is subject to the approval of the Lieutenant Governor in Council.  1996, c. 1, Sched. F, s. 21.

Not a regulation

(4) A designation under subsection (2) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1996, c. 1, Sched. F, s. 21; 2006, c. 21, Sched. F, s. 136 (1).

Notice of intention to designate

(5) Subject to subsection (6), the Minister shall publish a notice of intention to make the designation in The Ontario Gazette at least 30 days before a designation is made under subsection (2).  1996, c. 1, Sched. F, s. 21.

Non-application

(6) Subsection (5) does not apply if the Minister believes that to publish a notice of intention to make a designation would be prejudicial to the health and safety of any person.  1996, c. 1, Sched. F, s. 21.

Content of notice

(7) A notice of intention to make a designation shall set out the list of services or classes of services to be designated or the list of health facilities or classes of health facilities to be designated.  1996, c. 1, Sched. F, s. 21.

Notice of designation

(8) The Minister shall publish notice of a designation made under subsection (2) in The Ontario Gazette which shall set out the list of services or classes of services designated or the list of health facilities or classes of health facilities designated.  1996, c. 1, Sched. F, s. 21.

Designation in effect

(9) A designation made under subsection (2) is not effective until it is published in accordance with subsection (8).  1996, c. 1, Sched. F, s. 21.

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

1996, c. 1, Sched. F, s. 21 - 1/04/1996

2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007

Applications

5 (1) The Minister may at any time authorize the Director to call for one or more applications for the establishment and operation of one or more independent health facilities by,

(a) sending a call for applications to one or more specified persons; or

(b) publishing a call for applications in any manner the Director considers appropriate. 2019, c. 15, Sched. 19, s. 3.

Same

(2) In deciding whether or not to authorize the Director to call for applications, the Minister shall consider,

(a) the nature of the services to be provided in the independent health facility;

(b) the extent to which the services are already available in Ontario or in any part of Ontario;

(c) the need for the services in Ontario or any part of Ontario;

(d) the future need for the services in Ontario or any part of Ontario;

(e) the projected cost in public money for the establishment and operation of the independent health facility;

(f) the availability of public money to pay for the establishment and operation of the independent health facility; and

(g) any other matter that the Minister considers relevant to the management of the health care system. 2019, c. 15, Sched. 19, s. 3.

Contents of call for applications

(3) A call for applications shall specify,

(a) the service or services to be provided in the independent health facility;

(b) the locality in which the independent health facility is to be located;

(c) such other requirements and limitations as the Minister considers relevant; and

(d) the final date for submission of applications. 2019, c. 15, Sched. 19, s. 3.

Submission of applications

(4) Persons interested in establishing and operating an independent health facility in response to a call for applications may submit applications to the Director. 2019, c. 15, Sched. 19, s. 3.

Contents of application

(5) An application shall set out,

(a) the business and professional experience of the person submitting the application;

(b) details of the physical nature of the proposed facility;

(c) the nature of the service or services to be provided in the facility;

(d) the projected cost for the establishment and operation of the facility;

(e) details of the system that will be established to ensure the monitoring of the results of the service or services to be provided in the facility;

(f) details of the professional and other staff proposed for the facility; and

(g) such other information as is relevant to the requirements and limitations specified in the call for application. 2019, c. 15, Sched. 19, s. 3.

Consideration of applications

(6) The Director shall consider the applications and may request additional information in respect of any application. 2019, c. 15, Sched. 19, s. 3.

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

1996, c. 1, Sched. F, s. 22 - 1/04/1996

2019, c. 15, Sched. 19, s. 3 - 10/12/2019

Issuance of licence

6 (1) The Director may issue a licence to a person who has submitted an application for the establishment and operation of an independent health facility where the applicant has paid the prescribed fee, if any, and the Director is of the opinion that,

(a) the application meets the criteria specified in the call for applications;

(b) the independent health facility will be operated in accordance with this Act and the regulations and any other applicable Act or regulation;

(c) the persons listed in subsection (1.1) will operate the independent health facility competently and in a responsible manner in accordance with this Act and the regulations and will ensure that the services specified in the call for applications are provided;

(d) the past conduct relating to the operation of an independent health facility or any other matter or business of a person listed in subsection (1.1) affords reasonable grounds to believe that,

(i) the facility will be operated with honesty and integrity and in accordance with the law, and

(ii) the facility will not be operated in a manner that is prejudicial to the health, safety or welfare of any person; and

(e) there is no other reason that the person should not be issued a licence. 2019, c. 15, Sched. 19, s. 4.

Relevant persons

(1.1) The following are the persons listed for the purposes of clauses (1) (c) and (d):

1. The person who has submitted the application.

2. If the person who has submitted the application is a corporation, the officers and directors of the corporation and any other person with an interest affecting control of the corporation.

3. If the person with an interest affecting control mentioned in paragraph 2 is a corporation, the officers and directors of the corporation.

4. Any other prescribed persons. 2019, c. 15, Sched. 19, s. 4.

Discretion

(2) The issuance of a licence to a person who meets the requirements of subsection (1) is discretionary and, despite a call for applications or negotiations in respect of an application, the Director,

(a) is not required to issue a licence to any person; and

(b) may prefer any application over other applications. 2019, c. 15, Sched. 19, s. 4.

Limitations and conditions

(3) A licence may be subject to such limitations and conditions as may be prescribed or as may be specified by the Director and set out in the licence.  1996, c. 1, Sched. F, s. 23 (2).

Same

(4) The Director may specify as a limitation of a licence the list of services or types of services in respect of which the independent health facility is licensed.  1996, c. 1, Sched. F, s. 23 (2).

(5) Repealed:  1996, c. 1, Sched. F, s. 23 (2).

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

1996, c. 1, Sched. F, s. 23 (1, 2) - 1/04/1996

2019, c. 15, Sched. 19, s. 4 - 10/12/2019

Application for a licence

7 (1) A person who is operating a health facility on and before the day the facility is designated as an independent health facility under clause 4 (2) (b) may apply to the Director for a licence to operate the health facility as an independent health facility.  1996, c. 1, Sched. F, s. 24.

Same

(2) If a service is provided in a health facility on and before the day that the service is designated under clause 4 (2) (a), the operator of the facility may apply to the Director for a licence to operate the facility as an independent health facility.  1996, c. 1, Sched. F, s. 24.

Same

(3) If a service is provided in a health facility on and before the day a regulation made under this Act or under the Health Insurance Act comes into force with the result that a facility fee may not be charged or paid for the service unless charged or paid in accordance with this Act, the operator of that facility may apply to the Director for a licence to operate the health facility as an independent health facility.  1996, c. 1, Sched. F, s. 24.

Time of application

(4) An application under subsection (1), (2) or (3) shall be made within one year of the day a designation referred to in subsection (1) or (2) takes effect or within one year of the day the regulation referred to in subsection (3) comes into force.  1996, c. 1, Sched. F, s. 24.

Application

(5) Subsections 5 (5) and (6) and sections 6 and 9 apply with necessary modifications to an application for a licence under this section.  1996, c. 1, Sched. F, s. 24.

Operation of facility during one-year period

(6) Despite subsection 3 (1), a person who is entitled to apply for a licence under subsection (1), (2) or (3) may continue to operate the independent health facility without a licence,

(a) if the person does not apply for a licence at or before the end of the one-year period within which an application under this section must be made, until the end of that period;

(b) if the person applies for a licence at or before the end of the one-year period and the licence is granted, until the day the licence is issued; or

(c) if the person applies for a licence at or before the end of the one-year period and the licence is refused, until the time for requiring a hearing by the Board under section 8.1 expires and, if a hearing is required, until the time for giving notice requiring an appeal from the decision or order of the Board has expired and, if an appeal is required, until the matter in issue has been finally determined.  1996, c. 1, Sched. F, s. 24.

Billing patients during one-year period

(7) Despite subsections 3 (2) and (3), a person who operates an independent health facility under subsection (6) may charge, or accept payment of, a facility fee for or in respect of services provided in the facility that,

(a) were designated under clause 4 (2) (a); or

(b) are, as a result of the coming into force of a regulation referred to in subsection (3), services for or in respect of which facility fees may not be charged or paid unless charged or paid in accordance with this Act.  1996, c. 1, Sched. F, s. 24.

Who to charge

(8) A facility fee charged or paid under subsection (7) may be charged to, and payment may be accepted from, any person, unless subsection (9) applies.  1996, c. 1, Sched. F, s. 24.

Same

(9) A facility fee charged or paid under subsection (7) shall not be charged to, and payment shall not be accepted from, a person other than the Minister or a person prescribed under subsection 3 (3) if, before the day of the designation under clause 4 (2) (a) or (b) or the day the regulation referred to in subsection (3) comes into force, as the case may be, the service was paid for under the Ontario Health Insurance Plan, whether it was paid on a fee for service basis or otherwise.  1996, c. 1, Sched. F, s. 24.

Notice that subs. (6) does not apply

(10) If the Director has reasonable and probable ground to believe that an independent health facility operated under subsection (6) is being operated or will be operated in a manner that is prejudicial to the health, safety or welfare of any person, the Director may, by written notice, inform the person who operates the facility that subsection (6) no longer applies to the facility and direct the person to cease operating the facility and, if applicable, to cease charging and accepting payment of facility fees effective on the date specified in the notice.  1996, c. 1, Sched. F, s. 24.

Application

(11) Subsections 8.1 (2) to (6) apply with necessary modification to a notice given under subsection (10).  1996, c. 1, Sched. F, s. 24.

No stay of direction

(12) Despite section 25 of the Statutory Powers Procedure Act, a request for a hearing by the Board made under clause 8.1 (3) (b), or an appeal to Divisional Court of the Board’s decision under section 22, shall not operate as a stay of a direction to cease operating a facility under subsection (10).  1996, c. 1, Sched. F, s. 24.

No interim order

(13) Despite section 16.1 of the Statutory Powers Procedure Act, the Board shall not make an interim order to stay a direction to cease operating a facility under subsection (10).  1996, c. 1, Sched. F, s. 24.

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

1996, c. 1, Sched. F, s. 24 - 1/04/1996

Adding services to licence

8 (1) A person who is licensed to operate an independent health facility may, in the circumstances set out in subsection (2), apply to the Director to amend the limitations on the person’s licence to add another service to the list of services in respect of which the person is licensed.  1996, c. 1, Sched. F, s. 24.

Same

(2) A person may apply under subsection (1) if,

(a) the additional service in respect of which the application is made is provided at the same place as the place in which the person licensed under this Act operates the independent health facility; and

(b) the additional service is provided at that same place on and before the day,

(i) the Minister designates the additional service under clause 4 (2) (a) as a service for or in respect of which a charge, fee or payment is a facility fee, or

(ii) a regulation made under this Act or under the Health Insurance Act comes into force if the effect of the regulation is to render the additional service a service for or in respect of which facility fees may not be charged or paid unless charged or paid in accordance with this Act.  1996, c. 1, Sched. F, s. 24.

Time of application

(3) An application under subsection (1) shall be made within one year of the day the designation referred to in subclause (2) (b) (i) takes effect or within one year of the day the regulation referred to in subclause (2) (b) (ii) comes into force, as the case may be.  1996, c. 1, Sched. F, s. 24.

Application

(4) Subsections 5 (5) and (6) and sections 6 and 9 apply with necessary modifications to an application to amend a licence made under this section.  1996, c. 1, Sched. F, s. 24.

Provision of services during one-year period

(5) Despite subsection 3 (1), if a person is entitled to apply to amend the limitations on a licence under subsection (1), the service, in respect of which the application may be made, may be provided in the facility operated by that person,

(a) if the person does not apply to amend the limitations on a licence at or before the end of the one-year period within which an application under this section must be made, until the end of that period;

(b) if the person applies to amend the limitations on a licence at or before the end of the one-year period and the application is granted, until the day the licence is amended; or

(c) if the person applies to amend the limitations on a licence at or before the end of the one-year period and the application is refused, until the time for requiring a hearing by the Board under section 8.1 expires and, if a hearing is required, until the time for giving notice requiring an appeal from the decision or order of the Board has expired and, if an appeal is required, until the matter in issue has been finally determined.  1996, c. 1, Sched. F, s. 24.

Billing patients

(6) Despite subsections 3 (2) and (3), a person who is operating a facility in which a service is provided under subsection (5) may charge facility fees in respect of the service to, and accept payment of facility fees in respect of the service from, any person unless subsection (7) applies.  1996, c. 1, Sched. F, s. 24.

Billing Minister

(7) A facility fee for or in respect of a service provided under subsection (5) shall not be charged to, and payment shall not be accepted from, a person other than the Minister or a person prescribed under subsection 3 (3) if, before the day of the designation referred to in subclause (2) (b) (i) or the day the regulation referred to in subclause (2) (b) (ii) comes into force, as the case may be, the service was paid for under the Ontario Health Insurance Plan, whether it was paid on a fee for service basis or otherwise.  1996, c. 1, Sched. F, s. 24.

Notice that subs. (5) does not apply

(8) If the Director has reasonable and probable ground to believe that a service provided under subsection (5) is being provided or will be provided in a manner that is prejudicial to the health, safety or welfare of any person, the Director may, by written notice, inform the person who operates the facility that subsection (5) no longer applies to the facility and direct the person,

(a) to ensure that the service is no longer provided in the facility effective on the date specified in the notice; and

(b) if applicable, to cease charging and accepting payment of facility fees in respect of the service effective on the date specified in the notice.  1996, c. 1, Sched. F, s. 24.

Application

(9) Subsections 8.1 (2) to (6) apply with necessary modification to a notice given under subsection (8).  1996, c. 1, Sched. F, s. 24.

No stay of direction

(10) Despite section 25 of the Statutory Powers Procedure Act, a request for a hearing by the Board made under clause 8.1 (3) (b), or an appeal to Divisional Court of the Board’s decision under section 22, shall not operate as a stay of a direction made under subsection (8).  1996, c. 1, Sched. F, s. 24.

No interim order

(11) Despite section 16.1 of the Statutory Powers Procedure Act, the Board shall not make an interim order to stay a direction made under subsection (8).  1996, c. 1, Sched. F, s. 24.

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

1996, c. 1, Sched. F, s. 24 - 1/04/1996

Where Director refuses to issue licence

8.1 (1) If a person applies for a licence under section 7 or applies to amend the limitations of a licence under section 8 and the Director refuses to issue the licence or to amend the limitations of the licence, the Director shall give the person notice of the refusal.  1996, c. 1, Sched. F, s. 24.

Contents of notice

(2) A notice under subsection (1) shall inform the person to whom it is given that the person is entitled to,

(a) written reasons for the refusal if the Director receives a request for reasons within seven days of receipt of the notice of the refusal by the person; and

(b) a hearing by the Board if the person mails or delivers, within 15 days after receipt by the person of the written reasons, a written request for a hearing.  1996, c. 1, Sched. F, s. 24.

Right to reasons and hearing

(3) A person who receives notice under subsection (1) is entitled to,

(a) written reasons for the refusal if the Director receives a request for reasons within seven days of receipt of the notice of the refusal by the person; and

(b) a hearing by the Board if the person mails or delivers, within 15 days after receipt by the person of the written reasons, a written request for a hearing.  1996, c. 1, Sched. F, s. 24.

Hearing

(4) Where a person requests a hearing under clause (3) (b), the Board shall appoint a time for the hearing and hold a hearing.  1996, c. 1, Sched. F, s. 24.

Powers of Board

(5) The Board may, by order,

(a) at a hearing regarding the Director’s refusal to issue a licence under section 7, confirm the Director’s refusal to issue a licence or direct the Director to issue the licence; and

(b) at a hearing regarding the Director’s refusal to amend the limitations of a licence under section 8,

(i) confirm the Director’s refusal to amend the limitations of the licence,

(ii) direct the Director to make all or part of the amendments that the person applied for; or

(iii) direct the Director to make all or part of the amendments for which the person applied if the person satisfies conditions specified by the Board.  1996, c. 1, Sched. F, s. 24.

Extension of time

(6) The Board may extend the time within which a person must give notice requesting a hearing under this section, either before or after expiration of such time, if it is satisfied that there are grounds for granting relief to the person at a hearing and that there are reasonable grounds for applying for the extension, and the Board may give such directions related to the extension as it considers proper.  1996, c. 1, Sched. F, s. 24.

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

1996, c. 1, Sched. F, s. 24 - 1/04/1996

Minister may direct refusal to issue licence

9 (1) At any time after the Minister authorizes the Director to request one or more calls for applications for the establishment and operation of an independent health facility and before all of the licences are issued, the Minister may direct the Director in writing not to issue a licence in respect of the call for applications. 2019, c. 15, Sched. 19, s. 5.

Matters to be considered

(2) In deciding whether or not to issue a direction under subsection (1), the Minister shall consider,

(a) the nature of the service or services provided or to be provided in the independent health facility;

(b) the extent to which the service or services is already available in Ontario or any part of Ontario;

(c) the need for the service or services in Ontario or any part of Ontario;

(d) the future need for the service or services in Ontario or any part of Ontario;

(e) the projected cost in public money for the establishment and operation of the independent health facility;

(f) the availability of public money to pay for the establishment and operation of the independent health facility; and

(g) any other matter that the Minister considers relevant to the management of the health care system. 2019, c. 15, Sched. 19, s. 5.

Notice of direction not to license

(3) Upon receipt of a direction under subsection (1), the Director shall give written notice of the Minister’s direction to each person who submitted an application in response to the call for applications. 2019, c. 15, Sched. 19, s. 5.

Public notice

(4) If the Minister issues a direction under this section before the final day for the submission of applications, the Director shall, in addition to giving notice under subsection (3), publish notice of the direction in the same manner in which the call for applications was published. 2019, c. 15, Sched. 19, s. 5.

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

1996, c. 1, Sched. F, s. 25 (1-3) - 1/04/1996

2019, c. 15, Sched. 19, s. 5 - 10/12/2019

Relocation

10 (1) An operator of an independent health facility who wishes to relocate the facility shall apply to the Director for approval of the relocation in advance of the relocation.  1996, c. 1, Sched. F, s. 26.

Approval

(2) The Director may approve the relocation subject to such conditions as he or she sees fit to impose.  1996, c. 1, Sched. F, s. 26.

Request for information

(3) The Director may require such information of the licensee or of any other person as is necessary to decide whether or not to grant an approval.  1996, c. 1, Sched. F, s. 26.

Deemed approval

(4) Any relocation approved by the Director before the day section 25 of Schedule F to the Savings and Restructuring Act, 1996 comes into force shall be deemed to have been approved in accordance with this section.  1996, c. 1, Sched. F, s. 26.

Note: Sections 5, 6, 8, 9 and 10, as those provisions read on March 31, 1996, shall continue to apply with respect to a request for proposals made before April 1, 1996.  See: 1996, c. 1, Sched. F, s. 39.

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

1996, c. 1, Sched. F, s. 26 - 1/04/1996

Transfer of licence

11 (1) A licence is not transferable without the consent of the Director.  R.S.O. 1990, c. I.3, s. 11 (1).

Criteria

(2) In deciding whether to consent to the transfer of a licence, the Director shall treat the proposed transferee of the licence as if the proposed transferee were an applicant for a licence and, for the purpose, subsection 6 (1) other than clause 6 (1) (a) applies with necessary modifications.  2002, c. 18, Sched. I, s. 12 (2).

Fees must be paid

(3) The Director shall not consent to transfer a licence unless the current holder of the licence has paid the prescribed fee, if any. 2019, c. 15, Sched. 19, s. 6.

Requiring information

(4) The Director may require the licensee, proposed transferee or any other person to provide whatever information the Director considers necessary to decide whether or not to provide consent. 2019, c. 15, Sched. 19, s. 6.

Compliance with requirements

(4.1) The Director may consent to a transfer subject to compliance with any requirements the Director considers necessary. 2019, c. 15, Sched. 19, s. 6.

Limitations and conditions

(5) In consenting to the transfer of a licence, the Director may attach to the licence such limitations and conditions as the Director considers necessary in the circumstances.  R.S.O. 1990, c. I.3, s. 11 (5).

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

2002, c. 18, Sched. I, s. 12 (2) - 26/11/2002

2019, c. 15, Sched. 19, s. 6 - 10/12/2019

Expiry of licence

12 Every licence expires on the date specified on the licence, which shall not be later than the fifth anniversary of its issuance or renewal, unless it is revoked or is surrendered to the Director before that date.  R.S.O. 1990, c. I.3, s. 12.

Share transfer

13 (1) A licensee that is a private company as defined in the Securities Act shall not permit an issue or transfer of its voting shares that may result in a person acquiring or increasing an interest affecting its control while it is a licensee unless its licence includes a condition as to the ownership or control of the licensee and such issue or transfer of voting shares would not result in a breach of that condition.  R.S.O. 1990, c. I.3, s. 13 (1).

(2) Repealed:  2002, c. 18, Sched. I, s. 12 (3).

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

2002, c. 18, Sched. I, s. 12 (3) - 26/11/2002

Duty of corporation to notify Director

14 (1) A licensee that is a corporation shall notify the Director in writing within fifteen days of any change in the officers or directors of the corporation.  R.S.O. 1990, c. I.3, s. 14 (1).

Idem

(2) Where a corporation has an interest in a licence and there is reasonable ground for belief that an event will occur whereby a person would acquire an interest or increase an interest affecting the control of the corporation while the corporation has an interest in the licence, the corporation shall so notify the Director forthwith.  R.S.O. 1990, c. I.3, s. 14 (2).

(3), (4) Repealed:  2009, c. 33, Sched. 18, s. 13 (2).

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

2009, c. 33, Sched. 18, s. 13 (2) - 15/12/2009

Licence not to be used as security

15 A licence shall not be used as security for the payment or performance of an obligation, and any transaction purporting to use a licence as security for the payment or performance of an obligation is void.  R.S.O. 1990, c. I.3, s. 15.

Contracts

16 (1) A licensee shall not enter into a contract that may result in,

(a) a change in the beneficial ownership of the licence without a corresponding transfer of the licence; or

(b) in the case of a licensee that is a corporation, a person acquiring or increasing an interest affecting the control of the corporation while it is a licensee.  R.S.O. 1990, c. I.3, s. 16 (1).

Exception

(2) Subsection (1) does not apply if the licence includes a condition as to the ownership or control of the licensee and the contract would not result in a breach of the condition.  R.S.O. 1990, c. I.3, s. 16 (2).

Requirements for all applications

16.1 Every application under this Act must,

(a) be in a form acceptable to the Director; and

(b) contain any information, which may include personal information, that the Director considers necessary. 2019, c. 15, Sched. 19, s. 7.

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

2019, c. 15, Sched. 19, s. 7 - 10/12/2019

Requirements on licensee

16.2 (1) Every licensee and potential licensee shall comply with every applicable requirement under this Act. 2019, c. 15, Sched. 19, s. 7.

Licensee responsible

(2) If the Director, an inspector or an assessor is of the opinion that any person under the control of a licensee is failing to comply with a requirement under this Act, the licensee shall be deemed not to have complied with the relevant requirement, and the Director, inspector or assessor may take any action permitted under this Act or the regulations in consequence. 2019, c. 15, Sched. 19, s. 7.

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

2019, c. 15, Sched. 19, s. 7 - 10/12/2019

Truthfulness

16.3 Every licensee and potential licensee shall provide truthful, complete and accurate information in any application, report, document or any other information required or requested under this Act or the regulations or as a limitation and condition of a licence or of receiving funding. 2019, c. 15, Sched. 19, s. 7.

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

2019, c. 15, Sched. 19, s. 7 - 10/12/2019

Incident review process

16.4 (1) Every licensee and potential licensee shall, in accordance with the requirements provided for in the regulations, if any, establish and maintain a process for the review of incidents. 2019, c. 15, Sched. 19, s. 7.

Reporting of incidents

(2) Every licensee and potential licensee shall, in accordance with the requirements provided for in the regulations, if any, report incidents to the Director, and the report may include any necessary personal information related to such incidents. 2019, c. 15, Sched. 19, s. 7.

Definition

(3) In this section,

“incident” means any unintended event that occurs when a patient receives services in an independent health facility,

(a) that results in death, or serious disability, injury or harm to the patient, and

(b) that does not result primarily from the patient’s underlying medical condition or from a known risk inherent in providing the service. 2019, c. 15, Sched. 19, s. 7.

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

2019, c. 15, Sched. 19, s. 7 - 10/12/2019

Posting

16.5 (1) Every licensee and potential licensee shall post the prescribed documents and information in a prominent place clearly visible to members of the public at or near the entrance of the independent health facility. 2019, c. 15, Sched. 19, s. 7.

Compliance with regulations

(2) The documents and information must be posted in compliance with the requirements provided for in the regulations, if any. 2019, c. 15, Sched. 19, s. 7.

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

2019, c. 15, Sched. 19, s. 7 - 10/12/2019

Order by Director to take control

17 (1) Where the Director is of the opinion that an independent health facility should continue to operate after the expiry, surrender, suspension or revocation of the licence, after the death of the licensee or after the licensee ceases to operate the facility, the Director by a written order may take control of and operate the facility for a period not exceeding one year.  R.S.O. 1990, c. I.3, s. 17 (1).

Authority of Director

(2) Where the Director takes control of and operates an independent health facility under subsection (1), the Director has all the powers of the licensee and the Director may appoint one or more persons to operate the facility and each person so appointed is a representative of the Director.  R.S.O. 1990, c. I.3, s. 17 (2).

Payment for services and compensation for property

(3) Where the Director takes control of an independent health facility, the licensee, former licensee or estate of the licensee, as the case may be,

(a) is not entitled to payment for any service that is provided by the facility while the facility is under the control of the Director; and

(b) is entitled to reasonable compensation from the Crown for the use of property of the licensee, former licensee or estate of the licensee while the facility is under the control of the Director.  R.S.O. 1990, c. I.3, s. 17 (3).

Order effective immediately

(4) An order under subsection (1) takes effect immediately and is final.  R.S.O. 1990, c. I.3, s. 17 (4).

Renewal of licence

17.1 (1) A licence is renewable, subject to the consent of the Director. 2019, c. 15, Sched. 19, s. 8 (1).

Compliance with requirements

(2) The Director has the authority to make the granting of consent to a renewal of a licence subject to compliance with any requirements the Director considers necessary. 2019, c. 15, Sched. 19, s. 8 (1).

Director’s decision

(3) In deciding whether to grant a renewal, the Director shall take into consideration the following matters, as well as any matters that the Director would be entitled to take into consideration if the Director were making a decision under subsection 18 (1):

1. The licensee’s past conduct with respect to compliance with requirements under this Act.

2. Any actions taken by the licensee in response to a compliance order. 2019, c. 15, Sched. 19, s. 8 (1).

Fees must be paid

(4) The Director shall not renew the licence of a licensee unless the licensee has paid the prescribed fee, if any. 2019, c. 15, Sched. 19, s. 8 (1).

Requiring information

(5) The Director may require the licensee or any other person to provide whatever information the Director considers necessary to decide whether or not to provide consent. 2019, c. 15, Sched. 19, s. 8 (1).

Additional limitations and conditions

(6) At the time of renewing a licence, the Director may impose any limitations and conditions on the licence as the Director considers necessary in the circumstances. 2019, c. 15, Sched. 19, s. 8 (1).

Continuation of licence pending renewal

(7) Where, before the expiry of the licence, a licensee has applied for renewal of the licence and paid the prescribed fee, the licence shall be deemed to continue,

(a) until the renewal is granted; or

(b) where the licensee is served with notice that the Director does not consent to the renewal of a licence under this section, until the date specified by the Director in the notice. 2019, c. 15, Sched. 19, s. 8 (1).

Transition

(8) Despite subsections (1) to (7), any application to renew a licence that was submitted to the Director before the day subsection 8 (1) of Schedule 19 to the Plan to Build Ontario Together Act, 2019 came into force shall be dealt with in accordance with the provisions of this Act as they read on the day the application was submitted. 2019, c. 15, Sched. 19, s. 8 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 17.1 (8) of the Act is repealed. (See: 2019, c. 15, Sched. 19, s. 8 (2))

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

2019, c. 15, Sched. 19, s. 8, s. (1) - 10/12/2019; 2019, c. 15, Sched. 19, s. 8 (2) - not in force

Revocation or suspension of licence

18 (1) The Director may revoke or suspend a licence where,

(a) the licensee, any member of the licensee’s staff, an employee of the licensee or any regulated health professional affiliated with the independent health facility is in contravention of any of the following,

(i) this Act or the regulations,

(ii) any other Act or regulation of Ontario, or

(iii) any Act or regulation of Canada;

(b) there is a breach of a limitation or condition of the licence;

(c) any person has made a false or misleading statement in any application made under this Act;

(d) any person has made a false or misleading statement in any report, document or other information required to be furnished by this Act or the regulations or any other Act or regulation that applies to the independent health facility;

(e) the Director is of the opinion that there is reasonable ground for belief that the independent health facility is not being or will not be operated in accordance with the law and with honesty and integrity;

(f) the Director is of the opinion that there is reasonable ground for belief that the independent health facility is not being or will not be operated competently and in a responsible manner in accordance with this Act or the regulations or any other Act or regulation that applies to the facility;

(g) the Director is of the opinion that there is reasonable ground for belief that the independent health facility does not meet the prescribed quality and standards, having regard to any factors the Director considers relevant, including, without being limited to,

(i) the nature of risks revealed in the course of assessments or inspections, and

(ii) the actions taken by the licensee in response to compliance orders;

(h) the licensee has not operated the independent health facility for a period of at least six months and is not taking reasonable steps to prepare the facility to open or re-open;

(i) the licensee is a corporation described in subsection 13 (1) that has permitted an issue or transfer contrary to that subsection, whether or not the licensee has been convicted of an offence under that subsection;

(j) a corporation has failed to notify the Director contrary to section 14, whether or not the licensee has been convicted of an offence under that section;

(k) the licensee has entered into a contract described in section 16 contrary to that section, whether or not the licensee has been convicted of an offence under that section;

(l) the licensee has failed to comply with a request for information under section 37.2, whether or not the licensee has been convicted of an offence under that section;

(m) the licensee, any member of the licensee’s staff, any employee of the licensee or any regulated health professional affiliated with the independent health facility has failed to cooperate with an inspector under section 26.1 or an assessor under section 31;

(n) the Director is of the opinion upon reasonable grounds that the independent health facility is being operated or will be operated in a manner that poses a risk of serious harm to a person’s health and safety;

(o) the licensee has failed to comply with a compliance order, whether or not the licensee has been convicted of an offence under section 39; or

(p) where any other ground that may be prescribed applies. 2019, c. 15, Sched. 19, s. 9 (1).

When effective

(2) A decision of the Director under subsection (1) takes effect immediately upon being served upon the licensee, or, if another date is stipulated in the decision upon that date. 2019, c. 15, Sched. 19, s. 9 (1).

Transition

(3) Any licence suspension made under this section as it read before the day subsection 9 (1) of Schedule 19 to the Plan to Build Ontario Together Act, 2019 came into force shall continue and shall be dealt with in accordance with the provisions of this section as they read at the time of the suspension. 2019, c. 15, Sched. 19, s. 9 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 18 (3) of the Act is repealed. (See: 2019, c. 15, Sched. 19, s. 9 (2))

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

1996, c. 1, Sched. F, s. 27 (1, 2) - 1/04/1996

2002, c. 18, Sched. I, s. 12 (4) - 26/11/2002

2009, c. 33, Sched. 18, s. 13 (3) - 15/12/2009

2019, c. 15, Sched. 19, s. 9, s. (1) - 10/12/2019; 2019, c. 15, Sched. 19, s. 9 (2) - not in force

Refusal to renew or revoke licence by Minister

19 (1) The Minister may direct the Director in writing to,

(a) revoke or refuse to renew a licence; or

(b) eliminate services from the list of services in respect of which an independent health facility is licensed. 1996, c. 1, Sched. F, s. 28 (1).

Matters to be considered

(2) In deciding whether or not to issue a direction under subsection (1), the Minister shall consider,

(a) the nature of the service or services provided or to be provided in the independent health facility;

(b) the extent to which the service or services is already available in Ontario or any part of Ontario;

(c) the need for the service or services in Ontario or any part of Ontario;

(d) the future need for the service or services in Ontario or any part of Ontario;

(e) the projected cost in public money for the establishment and operation of the independent health facility;

(f) the availability of public money to pay for the establishment and operation of the independent health facility; and

(g) any other matter that the Minister considers relevant to the management of the health care system.  R.S.O. 1990, c. I.3, s. 19 (2); 1996, c. 1, Sched. F, s. 28 (2); 2019, c. 15, Sched. 19, s. 10.

Notice to licensee

(3) Upon receipt of a direction under subsection (1), the Director must give the licensee at least six months written notice of the revocation, refusal to renew or elimination of services from the list of services in respect of which an independent health facility is licensed.  1996, c. 1, Sched. F, s. 28 (3).

(4)-(6) Repealed:  2009, c. 33, Sched. 2, s. 36 (1).

No appeal

(7) Section 20 does not apply to a refusal to renew a licence, a revocation of a licence or an elimination of services under this section.  1996, c. 1, Sched. F, s. 28 (5).

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

1996, c. 1, Sched. F, s. 28 (1-5) - 1/04/1996

2009, c. 33, Sched. 2, s. 36 (1) - 15/12/2009

2019, c. 15, Sched. 19, s. 10 - 10/12/2019

No petition to Lieutenant Governor in Council

Definition

19.1 (1) In this section,

“old subsection 19 (4)” means subsection 19 (4) as it read immediately before the day the Good Government Act, 2009 received Royal Assent.  2009, c. 33, Sched. 2, s. 36 (2).

Not subject to petition

(2) Every direction of the Minister that is the subject of a petition filed under the old subsection 19 (4) that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.  2009, c. 33, Sched. 2, s. 36 (2).

Same

(3) Every direction of the Minister that may be the subject of a petition under the old subsection 19 (4) is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.  2009, c. 33, Sched. 2, s. 36 (2).

No effect on validity

(4) Nothing in this section affects the validity of a direction of the Minister that, but for subsection 36 (1) of Schedule 2 to the Good Government Act, 2009 and this section, was or could have been the subject of a petition filed under the old subsection 19 (4).  2009, c. 33, Sched. 2, s. 36 (2).

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

2009, c. 33, Sched. 2, s. 36 (2) - 15/12/2009

Process where Director refuses renewal, revokes or suspends, etc.

20 (1) Where the Director does not consent to the renewal of a licence under section 17.1, revokes or suspends a licence under subsection 18 (1), or amends the limitations of licence under subsection 20.1 (1), the Director shall serve notice of the action, together with written reasons, on the licensee. 2019, c. 15, Sched. 19, s. 11 (1).

Notice requiring hearing by Board

(2) A notice under subsection (1) shall inform the licensee that the licensee is entitled to a hearing by the Board if the licensee mails or delivers, within 15 days after the notice under subsection (1) is served on the licensee, notice in writing requiring a hearing to the Director and the Board, and the licensee may so require such a hearing. 2019, c. 15, Sched. 19, s. 11 (1).

No stay

(3) Despite section 25 of the Statutory Powers Procedure Act, a request for a hearing by the Board made in accordance with subsection (2), or an appeal to Divisional Court of the Board’s decision under section 22 of this Act, shall not operate as a stay of a decision of the Director mentioned in subsection (1). 2019, c. 15, Sched. 19, s. 11 (1).

No interim stay

(3.1) Despite section 16.1 of the Statutory Powers Procedure Act, the Board shall not make an interim order to stay a decision of the Director mentioned in subsection (1). 2019, c. 15, Sched. 19, s. 11 (1).

Onus

(3.2) In a hearing under this section, the onus is on the licensee to establish that the decision of the Director is not in accordance with this Act and the regulations. 2019, c. 15, Sched. 19, s. 11 (1).

Powers of Board where hearing

(4) Where a licensee requires a hearing by the Board, the Board shall appoint a time for and hold the hearing and the Board may by order direct the Director to carry out the proposed action or refrain from carrying out the proposed action and to take such action as the Board considers the Director ought to take in accordance with this Act and the regulations, and for such purposes the Board may substitute its opinion for that of the Director.  R.S.O. 1990, c. I.3, s. 20 (4).

Opportunity to comply

(5) Where the Board is required to hold a hearing, it shall proceed forthwith to hold the hearing unless the licensee satisfies the Board that the licensee has not been given a reasonable opportunity to comply with all the lawful requirements for the retention of the licence and that it would be just and reasonable to give the licensee that opportunity.  R.S.O. 1990, c. I.3, s. 20 (5).

Extension of time for requiring hearing

(6) The Board may extend the time for the giving of notice requiring a hearing by a licensee under this section either before or after expiration of such time where it is satisfied that there are grounds for granting relief to the licensee following upon a hearing and that there are reasonable grounds for applying for the extension, and the Board may give such directions as it considers proper consequent upon the extension.  R.S.O. 1990, c. I.3, s. 20 (6).

(7) Repealed: 2019, c. 15, Sched. 19, s. 11 (2).

Notice re consent to transfer a licence

(8) Subsections (1) to (6) apply with necessary modifications where the Director does not consent to the transfer of a licence and, for the purpose,

(a) the Director shall serve the notice under subsection (1) upon both the licensee and the proposed transferee; and

(b) the licensee and the proposed transferee, or either of them, may require the hearing by the Board, but if they each require such a hearing, the Board shall combine the applications into one proceeding.  R.S.O. 1990, c. I.3, s. 20 (8); 2019, c. 15, Sched. 19, s. 11 (3).

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

2019, c. 15, Sched. 19, s. 11 (1-3) - 10/12/2019

Amendments to conditions of licence

20.1 (1) The Director may at any time amend the limitations and conditions of a licence.  1996, c. 1, Sched. F, s. 29.

Same

(2) Despite subsection (1), the Director shall not amend the limitations of a licence to eliminate services from the list of services and types of services in respect of which an independent health facility is licensed unless,

(a) the Director is of the opinion that there is reasonable ground for belief that the eliminated services are not being provided, or will not be provided, in a responsible manner in accordance with this Act or the regulations, or any other Act or regulation that applies to the facility;

(b) the Director is of the opinion that there is reasonable ground for belief that the eliminated services are being provided, or will be provided, in a manner that is prejudicial to the health, safety or welfare of any person;

(c) the licensee has not provided the services for a period of at least six months and is not taking reasonable steps to provide the services; or

(d) any other prescribed circumstances apply. 2019, c. 15, Sched. 19, s. 12 (1).

Amendment takes effect immediately

(3) An amendment under subsection (2) takes effect immediately upon notice being served under subsection (4).  1996, c. 1, Sched. F, s. 29.

Notice of amendment

(4) The Director shall serve notice of an amendment under subsection (2), together with reasons therefor, on the licensee.  1996, c. 1, Sched. F, s. 29.

Service of notice

(5) The Director may serve notice of an amendment under subsection (2) by sending the notice by facsimile or by any other means that produces a paper record or by any other prescribed method of delivery.  1996, c. 1, Sched. F, s. 29.

Deemed receipt

(6) If the Director serves notice in a manner described in subsection (5), the licensee shall be deemed to have received the notice on the day it is sent.  1996, c. 1, Sched. F, s. 29.

(7)-(9) Repealed: 2019, c. 15, Sched. 19, s. 12 (2).

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

1996, c. 1, Sched. F, s. 29 - 1/04/1996

2019, c. 15, Sched. 19, s. 12 (1, 2) - 10/12/2019

Hearings before the Board

21 (1) The Director, the person who has required the hearing and any other person the Board may specify are parties to proceedings before the Board under this Act.  R.S.O. 1990, c. I.3, s. 21 (1).

Submissions

(2) The Board may permit any person who is not a party before it to make written or oral submissions to the Board and, where it does so, those submissions may be made either personally or through a person authorized under the Law Society Act to represent the non-party.  R.S.O. 1990, c. I.3, s. 21 (2); 2006, c. 21, Sched. C, s. 113.

Examination of documentary evidence

(3) A party to proceedings shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.  R.S.O. 1990, c. I.3, s. 21 (3).

Members holding hearing not to have taken part in investigation, etc.

(4) Members of the Board holding a hearing shall not have taken part before the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or party’s representative except upon notice to and opportunity for all parties to participate, but the Board may seek legal advice from an adviser independent from the parties and, in such case, the nature of the advice shall be made known to the parties in order that they may make submissions as to the law.  R.S.O. 1990, c. I.3, s. 21 (4).

Recording of evidence

(5) The oral evidence taken before the Board at a hearing shall be recorded and, if so required, copies of a transcript thereof shall be furnished upon the same terms as in the Superior Court of Justice.  R.S.O. 1990, c. I.3, s. 21 (5); 2006, c. 19, Sched. C, s. 1 (1).

Findings of fact

(6) The findings of fact of the Board following upon a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.  R.S.O. 1990, c. I.3, s. 21 (6).

(7) Repealed:  1998, c. 18, Sched. G, s. 60 (2).

Release of documentary evidence

(8) Documents and things put in evidence at the hearing shall, upon the request of the person who produced them, be released to that person by the Board within a reasonable time after the matter in issue has been finally determined.  R.S.O. 1990, c. I.3, s. 21 (8).

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

1998, c. 18, Sched. G, s. 60 (2) - 1/04/1996

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006; 2006, c. 21, Sched. C, s. 113 - 1/05/2007

Appeal from decision of Board

22 (1) Any party to proceedings before the Board may appeal from its decision or order to the Divisional Court on a question of law alone.  R.S.O. 1990, c. I.3, s. 22 (1).

Record to be filed in court

(2) Where any party appeals under subsection (1), the Board shall forthwith file in the Divisional Court the record of the proceedings before it in which the decision was made, which, together with the transcript of evidence if it is not part of the Board’s record, shall constitute the record in the appeal.  R.S.O. 1990, c. I.3, s. 22 (2).

Powers of court on appeal

(3) On an appeal under subsection (1), the Divisional Court may affirm or may rescind the decision of the Board or the court may refer the matter back to the Board for rehearing, in whole or in part, in accordance with such directions as the court considers proper.  R.S.O. 1990, c. I.3, s. 22 (3).

Final decision

(4) The decision of the Divisional Court under this section is final.  R.S.O. 1990, c. I.3, s. 22 (4).

Service of notice

23 (1) Except where otherwise provided, any notice required by or provided for in this Act may be served by,

(a) personal service;

(b) courier;

(c) registered mail; or

(d) any other prescribed method. 2019, c. 15, Sched. 19, s. 13.

When effective

(2) Service of a notice is effective,

(a) in the case of a notice under clauses (1) (a) to (c), on the day of delivery; and

(b) in the case of a notice under clause (1) (d), as provided for in the regulations. 2019, c. 15, Sched. 19, s. 13.

Service by lettermail

(3) Where an attempt has been made to effect service by a method set out in subsection (1), and for any reason service could not be effected, service may be made by lettermail. 2019, c. 15, Sched. 19, s. 13.

Same

(4) Service by lettermail shall be deemed to be effective 14 business days after the day of mailing, unless the person or entity on whom service is to be made establishes that the notice was not received until a later date for reasons that they could not control, in which case service is effective on the day that the notice is actually received. 2019, c. 15, Sched. 19, s. 13.

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

2019, c. 15, Sched. 19, s. 13 - 10/12/2019

Minister to pay for services

24 (1) The Minister shall pay such amounts as may be prescribed for services rendered in an independent health facility.  1996, c. 1, Sched. F, s. 30.

Minister may pay costs

(2) Subject to the regulations, the Minister may pay all or part of the capital costs or operating costs of an independent health facility or of the costs of the services provided in an independent health facility according to the method of payment approved by the Minister.  1996, c. 1, Sched. F, s. 30.

(3) Repealed: 2019, c. 15, Sched. 19, s. 14 (1).

Costs of establishing

(4) The Minister may pay all or part of the costs of establishing an independent health facility.  1996, c. 1, Sched. F, s. 30.

(5) Repealed: 2019, c. 15, Sched. 19, s. 14 (2).

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

1996, c. 1, Sched. F, s. 30 - 1/04/1996

2019, c. 15, Sched. 19, s. 14 (1, 2) - 10/12/2019

Record-keeping

24.1 (1) For the purposes of this Act, every licensee and potential licensee shall maintain such records as may be necessary to establish whether they have provided a service to a person for or in respect of which a facility fee is charged or paid. 2019, c. 15, Sched. 19, s. 15 (1).

Same, providing service

(2) For the purposes of this Act, every licensee and potential licensee shall maintain such records as may be necessary to demonstrate that a service for which they prepare or submit a claim for payment is the service that they provided. 2019, c. 15, Sched. 19, s. 15 (1).

Same, necessary service

(3) For the purposes of this Act, every licensee and potential licensee shall maintain such records as may be necessary to establish whether a service they have provided is medically or therapeutically necessary. 2019, c. 15, Sched. 19, s. 15 (1).

Prompt preparation

(4) The records described in subsections (1), (2) and (3) must be prepared promptly when the service is provided. 2019, c. 15, Sched. 19, s. 15 (1).

Presumption

(5) In the absence of a record described in subsection (1) or (3), it is presumed that a service for or in respect of which a facility fee is charged or paid was provided and that the amount payable is nil. 2019, c. 15, Sched. 19, s. 15 (1).

Different service provided

(6) In the absence of a record described in subsection (2), the service that was provided is presumed to be the service, if any, that the Minister considers to be described in the records as having been provided and not the service for which the claim for payment was prepared or submitted. 2019, c. 15, Sched. 19, s. 15 (1).

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

2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019

Refusal to pay if not required form, etc.

24.2 The Minister shall refuse to pay if the claim for payment is not prepared in the required form, does not meet the prescribed requirements or is not submitted to the Minister within the prescribed time. However, the Minister may pay if, in the Minister’s opinion, there are extenuating circumstances. 2019, c. 15, Sched. 19, s. 15 (1).

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

2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019

Refusal to pay, pay reduced amount or substitute amount: circumstances

24.3 (1) Under any of the following circumstances, the Minister may, with respect to a claim for payment for a service provided by a licensee or potential licensee, refuse to pay for the service, pay a reduced amount for the service, pay for the service the Minister considers to have been provided and not the service described in the claim that was submitted or require reimbursement of the amount paid for the service:

1. If the Minister is of the opinion that any or all of the following apply:

i. all or part of the service was not in fact rendered,

ii. the service has not been rendered in accordance with a requirement under this Act, or

iii. there is an absence of a record described in section 24.1.

2. If the Minister is of the opinion that the nature of the service is misrepresented, whether deliberately or inadvertently.

3. If the Minister is of the opinion that all or part of the service was not provided in accordance with prescribed quality and standards or, in the absence of regulations, not provided in accordance with generally accepted quality and standards for the facility and the service or services to be provided in the facility.

4. In such other circumstances as may be prescribed. 2019, c. 15, Sched. 19, s. 15 (1).

Statistical methods

(2) The Minister may, in determining amounts to be reimbursed under this section, use a random sample with a reasonable confidence interval of claims submitted by the licensee in respect of a service during a specified period of time and calculate the amount to be reimbursed for that service for that period or a portion of that period by assuming the results observed in the random sample are representative of all of the claims submitted by the licensee for that service during the period in question. 2019, c. 15, Sched. 19, s. 15 (1).

Pre-payment refusal to pay, pay reduced amount or substitute amount

(3) Where the Minister is of the opinion that a circumstance described in subsection (1) exists and has made a decision to refuse to pay or pay a reduced amount to a licensee or potential licensee, or to pay for the service the Minister considers to have been provided and not the service described in the claim, the Minister shall notify the licensee or potential licensee of the decision and the action taken. 2019, c. 15, Sched. 19, s. 15 (1).

Post-payment notice that reimbursement is required

(4) Where the Minister has made a payment to a licensee or potential licensee and the Minister is of the opinion that a circumstance described in subsection (1) exists and that reimbursement to the Minister is required, the Minister shall notify the licensee or potential licensee of the decision to require reimbursement and the amount of reimbursement that is required. 2019, c. 15, Sched. 19, s. 15 (1).

Recovery by Minister

(5) The Minister may obtain or recover money that, in the opinion of the Minister, a licensee or potential licensee owes to the Minister by any method, including, without being limited to, set-off against any money payable to them under this Act or, in the event that the licensee or potential licensee is a physician, any money payable to them under the Plan, unless another method of payment is agreed to by the Minister. 2019, c. 15, Sched. 19, s. 15 (1).

Not a decision

(6) For greater certainty, a refusal to pay under section 24.2 is not a decision for the purposes of this section. 2019, c. 15, Sched. 19, s. 15 (1).

Patient not to pay

(7) No person shall charge or accept payment or other benefit from an insured person for a service that is the subject of a decision of the Minister under this section, except as may be provided for in the regulations, if any. 2019, c. 15, Sched. 19, s. 15 (1).

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

2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019

Reimbursement, non-entitled person

24.4 The Minister may require reimbursement from a person for an amount paid under this Act in support of an insured service rendered to the person if, after the payment is made, the Minister determines that the person was not an insured person and was not entitled to have a payment made under this Act with respect to the service. 2019, c. 15, Sched. 19, s. 15 (1).

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

2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019

Debt

24.5 The requirement to reimburse the Minister under section 24.3 or 24.4 creates a debt owed to the Crown in right of Ontario in the amount set out in the decision of the Minister. 2019, c. 15, Sched. 19, s. 15 (1).

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

2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019

Transitional

24.6 Sections 24.3 and 24.4 apply whether the service or payment in question occurred before or after the coming into force of subsection 15 (1) of Schedule 19 to the Plan to Build Ontario Together Act, 2019. 2019, c. 15, Sched. 19, s. 15 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 24.6 of the Act is repealed. (See: 2019, c. 15, Sched. 19, s. 15 (2))

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

2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019; 2019, c. 15, Sched. 19, s. 15 (2) - not in force

Settlement

24.7 Nothing in this Act prevents the Minister and a licensee or a potential licensee from entering into an agreement at any time, and despite any other provision of this Act, with respect to amounts to be paid or recovered with respect to claims for services. However, for greater certainty, the Minister is not required to enter into any such agreement. 2019, c. 15, Sched. 19, s. 15 (1).

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

2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019

Interest

24.8 Where the Minister has required payment under section 24.3, interest accrues on the amount that is required to be paid commencing on the date of the Minister’s decision, at the rate for postjudgment interest provided for under section 127 of the Courts of Justice Act. 2019, c. 15, Sched. 19, s. 15 (1).

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

2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019

Hearing by Board

24.9 (1) The following persons may request a hearing by the Board with respect to the following matters:

1. A licensee or potential licensee may request a hearing to review a decision of the Minister under subsection 24.3 (3) or (4).

2. A person may request a hearing to review a decision of the Minister under section 24.4. 2019, c. 15, Sched. 19, s. 15 (1).

Notice of request

(2) The person requesting a hearing shall file a notice of the request within 30 days after receiving notice of the decision of the Minister. 2019, c. 15, Sched. 19, s. 15 (1).

Restrictions on hearing requests

(3) For greater certainty,

(a) a licensee or potential licensee may request a hearing only for those matters provided for under subsection 24.3 (3) or (4) and with respect to them, only those matters may be the subject of a hearing by the Board in accordance with this Act; and

(b) a licensee or potential licensee may not request a hearing with respect to a decision by the Minister to pursue a remedy in contract or otherwise by operation of law. 2019, c. 15, Sched. 19, s. 15 (1).

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

2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019

Powers of Board

24.10 (1) If a person requests a hearing, the Board shall appoint a time for and hold the hearing and following the hearing may, by order, direct the Minister to take such action as the Board considers the Minister should take in accordance with this Act and the regulations. 2019, c. 15, Sched. 19, s. 15 (1).

Extension of time for hearing

(2) The Board may extend the time for the giving of notice by a person requesting a hearing under this section, either before or after expiration of such time, where it is satisfied that there are apparent grounds for granting relief to the claimant pursuant to a hearing and that there are reasonable grounds for applying for the extension, and the Board may give such directions as it considers proper consequent upon the extension. 2019, c. 15, Sched. 19, s. 15 (1).

Onus

(3) In any hearing under this section, the onus is on the person, licensee or potential licensee to establish that the decision of the Minister is not in accordance with this Act and the regulations. 2019, c. 15, Sched. 19, s. 15 (1).

Costs

(4) In a hearing under paragraph 1 of subsection 24.9 (1), the Board may make an order granting costs to any party, subject to any rules or limitations that may be provided for in the regulations, and despite any other rules of the Board respecting costs and despite the Statutory Powers Procedure Act. 2019, c. 15, Sched. 19, s. 15 (1).

Interest payable by Minister

(5) If the Board has concluded that an amount is payable by the Minister to a licensee, potential licensee or any other person, interest calculated at the rate provided for post judgment interest under section 127 of the Courts of Justice Act accrues from the date of recovery under subsection 24.3 (5). 2019, c. 15, Sched. 19, s. 15 (1).

No stay

(6) Despite section 25 of the Statutory Powers Procedure Act, a request for a hearing  under paragraph 1 of subsection 24.9 (1) of this Act does not have the effect of staying the decision with respect to which the request was made. 2019, c. 15, Sched. 19, s. 15 (1).

No interim order to stay

(7) Despite section 16.1 of the Statutory Powers Procedure Act, the Board shall not make an interim order to stay the decision with respect to which the request was made. 2019, c. 15, Sched. 19, s. 15 (1).

May only order authorized payments

(8) For greater certainty, the Board may only order payments that are authorized under this Act. 2019, c. 15, Sched. 19, s. 15 (1).

Minister and Director are parties

(9) The Minister and the Director, as applicable, are parties to a hearing under this section. 2019, c. 15, Sched. 19, s. 15 (1).

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

2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019

Appeal to Board

24.11 (1) Any party to the proceedings before the Board under section 24.10 may appeal from its decision or order to the Divisional Court in accordance with the rules of court. 2019, c. 15, Sched. 19, s. 15 (1).

Record to be filed in court

(2) Where any party appeals from a decision or order of the Board, the Board shall forthwith file in the Divisional Court the record of the proceedings before it in which the decision was made, which, together with the transcript of evidence, if it is not part of the Board’s record, shall constitute the record in the appeal. 2019, c. 15, Sched. 19, s. 15 (1).

Powers of court on appeal

(3) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the Board and may exercise all powers of the Board to direct the Minister to take any action which the Board may direct the Minister to take and as the court considers proper and for such purposes the court may substitute its opinion for that of the Minister or of the Board, or the court may refer the matter back to the Board for rehearing, in whole or in part, in accordance with such directions as the court considers proper. 2019, c. 15, Sched. 19, s. 15 (1).

No stay

(4) Despite section 25 of the Statutory Powers Procedure Act, an appeal under this section does not have the effect of staying the decision with respect to which the appeal is made. 2019, c. 15, Sched. 19, s. 15 (1).

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

2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019

Inspectors

25 (1) The Minister or the Director may appoint, in writing, one or more persons, or the members of any class of persons, as inspectors for the purpose of ensuring compliance with this Act and the regulations, subject to any limitations the Minister or Director may provide for in the appointment. 2019, c. 15, Sched. 19, s. 16.

Inspectors by virtue of office

(2) Every reviewer appointed under the Health Insurance Act is, by virtue of office, an inspector for the purposes of this Act and shall be deemed to have been appointed for the purpose mentioned in subsection (1). 2019, c. 15, Sched. 19, s. 16.

Certificate of appointment

(3) The Minister or Director shall issue to every inspector appointed under subsection (1) a certificate of appointment which the inspector shall produce, upon request, when acting in the performance of their duties.  An inspector mentioned in subsection (2) shall produce their certificate of appointment issued under the Health Insurance Act. 2019, c. 15, Sched. 19, s. 16.

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

2019, c. 15, Sched. 19, s. 16 - 10/12/2019

Inspections by inspectors appointed by Registrar

Notice to Registrar of C.P.S.O.

26 (1) Where the Director is of the opinion that there is reasonable ground for belief that there is or has been a contravention of section 3, the Director may give notice to the Registrar of the College.  R.S.O. 1990, c. I.3, s. 26 (1).

Same

(2) If the Director is of the opinion that there is reasonable ground to believe that the quality and standards of a service provided in a health facility operated under subsection 7 (6), or of a service provided under subsection 8 (5), do not comply with the regulations or, in the absence of regulations, do not conform to the generally accepted quality and standards for the health facility and for services provided in such a facility, the Director may give notice to the Registrar.  1996, c. 1, Sched. F, s. 31.

Appointment of inspectors by Registrar

(3) Upon receipt of a notice under subsection (1) or (2), the Registrar shall appoint in writing one or more persons as inspectors to make the inspection.  R.S.O. 1990, c. I.3, s. 26 (3).

Certificate of appointment

(3.1) The Registrar shall issue to every inspector appointed under subsection (3) a certificate of appointment which the inspector shall produce, upon request, when acting in the performance of their duties. 2019, c. 15, Sched. 19, s. 17.

Notice by inspector

(4) Before making an inspection, an inspector shall give written notice to the person who appears to be in control or management of the health facility.  R.S.O. 1990, c. I.3, s. 26 (4).

Progress reports

(5) The Registrar shall report to the Director upon the appointment of the inspector or inspectors and, at the request of the Director, upon the progress of the inspection.  R.S.O. 1990, c. I.3, s. 26 (5).

Report to Registrar

(6) An inspector appointed by the Registrar shall make the inspection and shall make such reports and interim reports in respect of the inspection as are required by the Registrar.  R.S.O. 1990, c. I.3, s. 26 (6).

Report to Director

(7) The Registrar shall report the result of the inspection to the Director.  R.S.O. 1990, c. I.3, s. 26 (7).

Report to College

(8) The Registrar shall also report the result of the inspection to the Executive Committee or such other committee of the College as the Registrar considers appropriate.  R.S.O. 1990, c. I.3, s. 26 (8).

Time and form of reports

(9) Reports and interim reports under this section shall be made at such times, in such form, in such detail and with such supporting material as is required by the person or body to whom the report is to be made.  R.S.O. 1990, c. I.3, s. 26 (9).

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

1996, c. 1, Sched. F, s. 31 - 1/04/1996

2019, c. 15, Sched. 19, s. 17 - 10/12/2019

Purpose of inspection

26.1 (1) An inspector acting within the scope of their appointment may enter any of the following places at any reasonable time to conduct inspections in accordance with the purpose for which the inspector was appointed, as provided for in section 25 or 26, as the case may be:

1. A licensed independent health facility or a place in respect of which an application for or related to a licence has been made.

2. Any business premises of a person or entity that owns or operates one or more independent health facilities.

3. Any place that the inspector suspects on reasonable grounds is operating as an independent health facility.

4. Any facility being operated by a potential licensee.

5. Any place where a licensee, potential licensee or person who may be operating an independent health facility maintains records that relate in any way to,

i. the charging and accepting of facility fees, or

ii. the provision of services at an independent health facility. 2019, c. 15, Sched. 19, s. 18.

Dwellings

(2) No inspector shall enter a part of a place that is being used as a dwelling, except with the consent of the occupier of the part of the place or under the authority of an order under section 34. 2019, c. 15, Sched. 19, s. 18.

Use of force

(3) An inspector is not entitled to use force to enter and inspect a place. 2019, c. 15, Sched. 19, s. 18.

Powers of inspector

(4) An inspector conducting an inspection may, if the inspector considers it to be relevant to the inspection,

(a) examine records or anything else;

(b) demand the production of a record or any other thing;

(c) upon providing a receipt, remove a record or any other thing for review, examination or copying;

(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;

(e) take photographs or make any other kind of recording but only in a manner that does not intercept any private communication and that is in keeping with reasonable expectations of privacy;

(f) question a person about a matter relevant to the inspection;

(g) call upon experts who may enter the premises and provide assistance to the inspector in carrying out the inspection in any manner that the inspector considers necessary; and

(h) if the consent of the person who is to receive the services has been obtained, observe the staff of the facility in providing services to members of the public. 2019, c. 15, Sched. 19, s. 18.

Written demand

(5) A demand under this section that a record or any other thing be produced must be in writing and must include,

(a) a statement of the nature of the record or thing required; and

(b) a statement of when the records and other things are to be produced. 2019, c. 15, Sched. 19, s. 18.

Obligation to produce and assist

(6) If an inspector demands that a record or any other thing be produced under this section, the person who 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. 2019, c. 15, Sched. 19, s. 18.

Records and things removed from place

(7) A record or other thing that has been removed for review, examination or copying,

(a) shall be made available to the person from whom it was removed on request and at a time and place that are convenient for the person and for the inspector; and

(b) shall be returned to the person within a reasonable time. 2019, c. 15, Sched. 19, s. 18.

Co-operation

(8) Every person shall give all reasonable assistance to an inspector in the exercise of the inspector’s powers or the performance of the inspector’s duties under this Act or the regulations. 2019, c. 15, Sched. 19, s. 18.

Confidentiality

(9) An inspector shall keep confidential all information that comes to his or her knowledge in the course of his or her duties under this section and shall not communicate any information to any other person except as permitted or required by law or except where the communication is to,

(a) the Director or a person employed in or performing services for the Ministry; or

(b) in the case of an inspector appointed under section 26, the Registrar, and the Registrar of any other relevant College under the Regulated Health Professions Act, 1991. 2019, c. 15, Sched. 19, s. 18.

Inspection report

(10) Within a reasonable period of time after completing an inspection, or at any other time upon the written request of the Director, an inspector appointed under section 25 shall make a report in writing to the Director. 2019, c. 15, Sched. 19, s. 18.

Record

(11) In this section,

“record” means any document or record of information, in any form, including a record that contains personal information. 2019, c. 15, Sched. 19, s. 18.

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

2019, c. 15, Sched. 19, s. 18 - 10/12/2019

Appointment of assessors

27 (1) The Registrar may appoint persons in writing as assessors.  R.S.O. 1990, c. I.3, s. 27 (1).

Appointment by committee of College

(2) The Council of the College, or a committee established by the Council acting on the direction of the Council, may appoint persons as assessors.  R.S.O. 1990, c. I.3, s. 27 (2).

Appointment upon notice

(3) If the Director considers it necessary or advisable that assessments be carried out of the quality and standards of services provided in an independent health facility operated by a person licensed under this Act, the Director may give notice in writing to the chief administrative officer of the governing, registering or licensing body of a health profession.  2009, c. 33, Sched. 18, s. 13 (4).

Choice of notice

(4) The Director is not required to give notice to or consult with the licensee or operator of the health facility before giving notice to the chief administrative officer of the governing, registering or licensing body of a health profession.  R.S.O. 1990, c. I.3, s. 27 (4).

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

2009, c. 33, Sched. 18, s. 13 (4) - 15/12/2009

Appointment of assessors and reports

Appointment of assessor

28 (1) Upon receipt of notice under section 27, the chief administrative officer of the governing, registering or licensing body of a health profession shall appoint one or more persons in writing as assessors.  R.S.O. 1990, c. I.3, s. 28 (1).

Reports to Director

(2) The chief administrative officer shall report to the Director upon the officer’s appointments of assessors under subsection (1) and upon the assessments made by them.  R.S.O. 1990, c. I.3, s. 28 (2).

Time and form of reports

(3) The chief administrative officer shall make the reports at such times, in such form, in such detail and with such supporting material as is required by the Director.  R.S.O. 1990, c. I.3, s. 28 (3).

29 Repealed:  2009, c. 33, Sched. 18, s. 13 (5).

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

2006, c. 35, Sched. C, s. 55 - 20/08/2007

2009, c. 33, Sched. 18, s. 13 (5) - 15/12/2009

Powers of assessor

30 For the purposes of assessing the health care provided to one or more persons in a health facility, an assessor may, at any reasonable time,

(a) inspect and receive information from medical records or from notes, charts and other material relating to patient care and reproduce and retain copies thereof;

(b) interview the licensee or operator and members of the staff of the health facility on matters that relate to the quality and standards of service provided in the health facility, subject to the person’s right to have counsel or some other representative present during the interview; and

(c) if the consent of the person who is to receive services has been obtained, observe the staff of the facility providing services to members of the public.  1996, c. 1, Sched. F, s. 32.

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

1996, c. 1, Sched. F, s. 32 - 1/04/1996

Assessment

31 (1) It is the function of an assessor to carry out assessments of the quality and the standards of services provided in independent health facilities.  R.S.O. 1990, c. I.3, s. 31 (1).

Co-operation by licensees

(2) It is a condition of every licence that the licensee and the staff and employees of the licensee shall co-operate fully with an assessor carrying out an assessment of an independent health facility operated by a licensee.  R.S.O. 1990, c. I.3, s. 31 (2).

Idem

(3) The co-operation required of a licensee includes,

(a) permitting the assessor to enter and inspect the premises of the independent health facility;

(b) permitting the assessor to inspect records, including patient records;

(c) providing to the assessor information requested by the assessor in respect of records, including patient records, or the care of patients in the independent health facility;

(d) providing the information mentioned in clause (c) in the form requested by the assessor;

(e) permitting the assessor to make or take and remove samples of any substance on the premises of the independent health facility;

(f) providing samples mentioned in clause (e) as requested by the assessor; and

(g) conferring with the assessor when requested to do so by the assessor.  R.S.O. 1990, c. I.3, s. 31 (3).

32 Repealed: 2019, c. 15, Sched. 19, s. 19.

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

1996, c. 1, Sched. F, s. 33 (1-3) - 1/04/1996

2019, c. 15, Sched. 19, s. 19 - 10/12/2019

Copy constitutes evidence

33 (1) In any proceeding, other than a prosecution, a copy of an inspection report that appears to be signed by an inspector or the Director, or a copy of a decision of the Director made under this Act or the regulations, is admissible as evidence of the inspection report or decision and of the facts appearing in the document without further proof. 2019, c. 15, Sched. 19, s. 20.

Same

(2) In any proceeding, other than a prosecution, a copy of a record or thing made under clause 26.1 (4) (c) that appears to be certified as a true copy of the original by an inspector is admissible as evidence of the record or thing and of the facts appearing in it without further proof. 2019, c. 15, Sched. 19, s. 20.

Same, prosecution

(3) In any prosecution, a copy of a decision, direction or inspection report made under this Act or the regulations that appears to be signed by an inspector or the Director is admissible as evidence, in the absence of evidence to the contrary, of the decision, direction or inspection report and of the facts appearing in the document without further proof. 2019, c. 15, Sched. 19, s. 20.

Same

(4) In any prosecution, a copy of a record or thing made under clause 26.1 (4) (c) that appears to be certified as a true copy of the original by an inspector is admissible as evidence, in the absence of evidence to the contrary, of the record or thing and of the facts appearing in it without further proof. 2019, c. 15, Sched. 19, s. 20.

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

2019, c. 15, Sched. 19, s. 20 - 10/12/2019

Order to enter

34 (1) On application without notice, a justice may issue an order authorizing an inspector named in the order to enter a place specified in the order and to exercise any of the powers mentioned in subsection 26.1 (4), if the justice is satisfied on information under oath that the inspector has been prevented from entering a place that may be entered under section 26.1, or has been prevented from exercising a power mentioned in subsection 26.1 (4), or that there are reasonable grounds to believe that the inspector will be prevented from entering the place or exercising the power. 2019, c. 15, Sched. 19, s. 20.

Expiry

(2) An order shall name a date on which it expires, which shall not be later than 30 days after the order is issued. 2019, c. 15, Sched. 19, s. 20.

Extension of time

(3) A justice may extend the date on which an order expires for an additional period of no more than 30 days, upon application without notice by the inspector named in the order. 2019, c. 15, Sched. 19, s. 20.

Police assistance

(4) An inspector named in an order may call upon a police officer for assistance in executing the order and the police officer may use whatever force the police officer considers necessary to execute the order. 2019, c. 15, Sched. 19, s. 20.

Time of execution

(5) An order may be executed only between 6 a.m. and 9 p.m. unless the order specifies otherwise. 2019, c. 15, Sched. 19, s. 20.

Other matters

(6) Subsections 26.1 (2) and (4) to (9) apply, with necessary modifications, to the execution of an order. 2019, c. 15, Sched. 19, s. 20.

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

2019, c. 15, Sched. 19, s. 20 - 10/12/2019

Obstruction offence

35 Where an inspector is conducting an inspection under section 26.1 or executing an order under section 34 or where a provincial offences officer is executing a warrant under section 158 or 158.1 of the Provincial Offences Act with respect to a matter relevant to this Act, no person shall,

(a) hinder, obstruct or interfere with the inspector or officer, or otherwise impede the inspector or officer;

(b) destroy or alter a record or other thing that has been demanded under clause 26.1 (4) (b) or that is subject of a warrant under section 158 or 158.1 of the Provincial Offences Act; or

(c) fail to do anything required under subsections 26.1 (6) or (8) or subsection 35.1 (7). 2019, c. 15, Sched. 19, s. 20.

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

2019, c. 15, Sched. 19, s. 20 - 10/12/2019

Production order

35.1 (1) On application without notice by a provincial offences officer, a justice may issue a production order to a person, other than a person under investigation for an offence, requiring the person to,

(a) produce documents or copies of documents, certified by affidavit to be true copies, or produce data; or

(b) prepare a document based on documents or data already in existence and produce it. 2019, c. 15, Sched. 19, s. 20.

Contents of order

(2) A production order must stipulate when, where and how the documents or data are to be produced, and to whom they are to be produced. 2019, c. 15, Sched. 19, s. 20.

Grounds

(3) A justice may make a production order if satisfied by information given under oath or affirmation that there are reasonable grounds to believe that,

(a) an offence under this Act has been or is being committed;

(b) the document or data will provide evidence respecting the offence or suspected offence; and

(c) the person who is subject to the order has possession or control of the document or data. 2019, c. 15, Sched. 19, s. 20.

Conditions

(4) A production order may contain any conditions the justice considers advisable. 2019, c. 15, Sched. 19, s. 20.

Evidence

(5) A copy of a document or data produced under this section, on proof by affidavit that it is a true copy, is admissible in evidence in proceedings under this Act and has the same probative force as the original document or data would have if it had been proved in the ordinary way. 2019, c. 15, Sched. 19, s. 20.

No return of copies

(6) Copies of documents or data produced under this section are not required to be returned to the person who provided them. 2019, c. 15, Sched. 19, s. 20.

Compliance required

(7) A person to whom a production order is directed shall comply with the order according to its terms. 2019, c. 15, Sched. 19, s. 20.

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

2019, c. 15, Sched. 19, s. 20 - 10/12/2019

Not compellable witness

35.2 An inspector or person who, at the request of an inspector, accompanies an inspector in doing anything authorized under this Act is not a compellable witness in a civil suit or any proceeding respecting any information or material furnished, obtained, made or received by them under this Act while acting within the scope of their employment. 2019, c. 15, Sched. 19, s. 20.

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

2019, c. 15, Sched. 19, s. 20 - 10/12/2019

Protection of information

35.3 In a prosecution for an offence under this Act or where documents or materials provided for under section 35.1 of this Act or sections 158 to 160 of the Provincial Offences Act are filed with a court in relation to an inspection or an investigation into an offence under this Act, the court may, at any time, take precautions to avoid the disclosure by the court or any person of any personal information about an individual, including, where appropriate,

(a) removing the identifying information of any person whose personal information is referred to in any documents or materials;

(b) receiving representations without notice;

(c) conducting hearings or parts of hearings in private; or

(d) sealing all or part of the court files. 2019, c. 15, Sched. 19, s. 20.

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

2019, c. 15, Sched. 19, s. 20 - 10/12/2019

Certain documents

35.4 (1) In any proceeding under this Act, the Health Insurance Act or the Commitment to the Future of Medicare Act, 2004, a document purporting to be an extract of data or information from any database maintained and used by the Ministry in the ordinary course of business to record and track information about claims made under this Act or the Health Insurance Act and payments made under this Act or that Act that appears to be certified as a true extract by the Director or by the General Manager under the Health Insurance Act is admissible as evidence of the information contained in the extract and of the facts appearing in it without further proof. 2019, c. 15, Sched. 19, s. 20.

Prosecutions

(2) Subsection (1) does not apply in respect of a prosecution. 2019, c. 15, Sched. 19, s. 20.

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

2019, c. 15, Sched. 19, s. 20 - 10/12/2019

Filing with court

35.5 (1) A copy of any of the following may be filed with the Superior Court of Justice after the time in which an appeal may be made has passed, and once filed shall be entered in the same way as a judgment or order of the Superior Court of Justice and is enforceable as an order of that court:

1. A decision of the Board made under this Act.

2. An agreement to reimburse the Minister or the Plan signed by a licensee or potential licensee.

3. A decision of the Minister under section 24.3 or 24.4. 2019, c. 15, Sched. 19, s. 20.

Personal property charge

(2) Anything that may be filed under subsection (1) may also be entered as a lien and charge with the registrar under the Personal Property Security Act. 2019, c. 15, Sched. 19, s. 20.

Set-off

(3) For greater certainty, nothing under this section affects any right of set-off that the Minister possesses under this Act. 2019, c. 15, Sched. 19, s. 20.

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

2019, c. 15, Sched. 19, s. 20 - 10/12/2019

Publication

35.6 (1) Subject to the regulations, if any, the Minister is authorized to publish information, including personal information other than personal health information, that relates to any payments under this Act to a licensee or potential licensee. 2019, c. 15, Sched. 19, s. 20.

Same, Director

(2) The Director is authorized to publish any information that relates to compliance with licensing and generally accepted quality and standards under this Act and regulations, including personal information other than personal health information, that may be provided for in the regulations. 2019, c. 15, Sched. 19, s. 20.

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

2019, c. 15, Sched. 19, s. 20 - 10/12/2019

Ontario Health Insurance

36 (1) In this section,

“Plan” means the Ontario Health Insurance Plan referred to in section 10 of the Health Insurance Act.  1998, c. 18, Sched. G, s. 60 (3).

Plan to reimburse facility fee

(2)  Where the Director is satisfied that a person has paid a facility fee all or part of which was charged in contravention of section 3, the Director may direct that the amount of the facility fee that was charged in contravention of section 3 be paid to the person out of the Plan.  R.S.O. 1990, c. I.3, s. 36 (2).

Fee is debt to Plan

(3) The person who charged the facility fee referred to in subsection (2) is indebted to the Plan for an amount equal to the amount paid out of the Plan under subsection (2) and the administrative charge prescribed by the regulations.  R.S.O. 1990, c. I.3, s. 36 (3).

Set-off against Plan

(4) If the person who charged the facility fee referred to in subsection (2) is a person who submits accounts directly to the Plan, then, subject to subsections (5), (6) and (8), part or all of the money owed to the Plan under subsection (3) may be recovered by set-off against any money payable to the person by the Plan.  R.S.O. 1990, c. I.3, s. 36 (4).

Notice of proposed set-off

(5) The Director shall serve notice of the proposed set-off referred to in subsection (4), together with written reasons therefor, on the person who is indebted to the Plan.  R.S.O. 1990, c. I.3, s. 36 (5).

Notice requiring hearing by Board

(6) A notice under subsection (5) shall inform the person that he or she is entitled to a hearing by the Board if the person mails or delivers, within fifteen days after the notice under subsection (5) is served on the person, notice in writing requiring a hearing to the Director and the Board, and the person may so require a hearing.  R.S.O. 1990, c. I.3, s. 36 (6).

Powers where no hearing

(7) Where a person does not require a hearing by the Board in accordance with subsection (6), the proposed set-off stated in the notice under subsection (5) may be carried out.  R.S.O. 1990, c. I.3, s. 36 (7).

Powers of Board where hearing

(8) Where a person requires a hearing by the Board, the Board shall appoint a time for and hold the hearing and the Board may by order direct that the proposed set-off be carried out or refrained from being carried out, and for such purposes, the Board may substitute its opinion for that of the Director.  R.S.O. 1990, c. I.3, s. 36 (8).

Extension of time for requiring hearing

(9) The Board may extend the time for the giving of notice requiring a hearing by a person under this section either before or after expiration of such time where it is satisfied that there are grounds for granting relief to the person following upon a hearing and that there are reasonable grounds for applying for the extension, and the Board may give such directions as it considers proper consequent upon the extension.  R.S.O. 1990, c. I.3, s. 36 (9).

ss. 21, 22 apply

(10) Sections 21 and 22 apply with necessary modifications to a hearing and decision by the Board under this section.  R.S.O. 1990, c. I.3, s. 36 (10).

Disclosure of information

(11) Despite subsection 38 (1) of the Health Insurance Act, the General Manager may furnish to,

(a) a member of the Board;

(b) the person who was charged or who paid the facility fee;

(c) the person who charged or accepted payment of the facility fee and counsel for the person;

(d) any person engaged in the administration of this Act or the regulations or any proceedings under this Act or the regulations;

(e) any other person with the consent of the person to whom the services were provided in respect of which the facility fee was charged,

information pertaining to the nature of the services provided, the date or dates on which the services were provided and for whom, the name and address of the person who provided the services, the amounts paid or payable by the Plan for such services, and the persons to whom the fee for the insured service and the facility fee were paid or are payable, for the purpose of this section.  R.S.O. 1990, c. I.3, s. 36 (11).

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

1998, c. 18, Sched. G, s. 60 (3) - 1/02/1999

Confidential information

37 (1) In this section,

“confidential information” means information obtained by a person employed in the administration of this Act or making an assessment or inspection under this Act in the course of the person’s employment, assessment or inspection and that relates to a patient or former patient of a health facility.  R.S.O. 1990, c. I.3, s. 37 (1).

Confidentiality of information

(2) No person shall communicate confidential information to any person except in accordance with subsection (4).  R.S.O. 1990, c. I.3, s. 37 (2).

Application

(3) Subsection (2) applies to any person whether or not the person is or was employed in the administration of this Act or is or was an inspector or assessor under this Act.  R.S.O. 1990, c. I.3, s. 37 (3).

Communication of confidential information

(4) A person employed in the administration of this Act, an assessor or inspector under this Act or any person who obtains confidential information pursuant to this subsection may communicate confidential information,

(a) in connection with the administration or enforcement of any Act or any proceedings under any Act;

(b) in connection with matters relating to professional disciplinary proceedings, to a statutory body governing a health profession;

(c) to the person’s counsel; or

(d) with the consent of the patient or former patient to whom the information relates.  R.S.O. 1990, c. I.3, s. 37 (4).

Testimony by officials in civil suits

(5) No person employed in the administration of this Act or who made an inspection or assessment under this Act shall be required to give testimony in a civil action or proceeding with respect to any information obtained in the course of the person’s employment, assessment or inspection except in a proceeding under an Act or a regulation under an Act.  R.S.O. 1990, c. I.3, s. 37 (5).

Closed proceedings

(6) An Ontario Court of Justice may exclude the public from proceedings to enforce any Act if the court is of the opinion that confidential information may be disclosed of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure of that information in the interests of any patient or former patient to whom it relates outweighs the desirability of adhering to the principle that hearings be open to the public.  R.S.O. 1990, c. I.3, s. 37 (6); 2006, c. 19, Sched. C, s. 1 (2).

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

2006, c. 19, Sched. C, s. 1 (2) - 22/06/2006

Personal information

37.1 (1) The Minister may directly or indirectly collect personal information, subject to such conditions as may be prescribed, for purposes related to the administration of this Act, the Health Insurance Act or the Commitment to the Future of Medicare Act, 2004 or for such other purposes as may be prescribed.  1996, c. 1, Sched. F, s. 34; 2006, c. 19, Sched. L, s. 5 (1).

Use of personal information

(2) The Minister may use personal information, subject to such conditions as may be prescribed, for purposes related to the administration of this Act, the Health Insurance Act or the Commitment to the Future of Medicare Act, 2004 or for such other purposes as may be prescribed.  1996, c. 1, Sched. F, s. 34; 2006, c. 19, Sched. L, s. 5 (2).

Disclosure

(3) Despite subsection 37 (2), the Minister shall disclose personal information, subject to such conditions as may be prescribed, if the disclosure is necessary for purposes related to the administration of this Act, the Health Insurance Act or the Commitment to the Future of Medicare Act, 2004 or for such other purposes as may be prescribed, but shall not disclose the information if, in his or her opinion, the disclosure is not necessary for those purposes. 2017, c. 25, Sched. 9, s. 122.

Disclosure to health college

(3.1) Where the Director or the Minister is of the opinion that it is advisable to do so, the Director or Minister shall disclose personal information to a College within the meaning of the Regulated Health Professions Act, 1991 for the purpose of the administration of that Act or an Act named in Schedule 1 to that Act. 2019, c. 15, Sched. 19, s. 21.

Agreements

(4) Despite subsection 37 (2) and subject to such conditions as may be prescribed, the Minister may enter into agreements to collect, use or disclose personal information for the purposes of the administration of this Act, the Health Insurance Act or the Commitment to the Future of Medicare Act, 2004 or for such other purposes as may be prescribed.  1996, c. 1, Sched. F, s. 34; 2006, c. 19, Sched. L, s. 5 (4).

Same

(5) An agreement under subsection (4) shall provide that personal information, collected or disclosed under the agreement will be used only,

(a) to verify the accuracy of information held by a party to the agreement;

(b) to administer or enforce a law administered by a party to the agreement; or

(c) for a prescribed purpose.  1996, c. 1, Sched. F, s. 34.

Confidentiality

(6) An agreement under subsection (4) shall provide that personal information collected, used or disclosed under it is confidential and shall establish mechanisms for maintaining the confidentiality of the information.  1996, c. 1, Sched. F, s. 34.

Obligation

(7) Before disclosing personal information obtained under the Act or under an agreement, the person who obtained it shall delete from it all names and identifying numbers, symbols or other particulars assigned to individuals unless,

(a) disclosure of the names or other identifying information is necessary for the purposes described in subsection (3), (4) or 37.2 (1); or

(b) disclosure of the names or other identifying information is otherwise authorized under the Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004.  1996, c. 1, Sched. F, s. 34; 2004, c. 3, Sched. A, s. 88.

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

1996, c. 1, Sched. F, s. 34 - 1/04/1996

2004, c. 3, Sched. A, s. 88 - 1/11/2004

2006, c. 19, Sched. L, s. 5 (1-4) - 22/06/2006

2017, c. 25, Sched. 9, s. 122 - 12/12/2017

2019, c. 15, Sched. 19, s. 21 - 10/12/2019

Disclosure of information to the Director

37.2 (1) At the request of the Director, a licensee or other person shall submit information to the Director and disclose information to persons specified by the Director for purposes related to the administration of the Independent Health Facilities Act or the Health Insurance Act or for other prescribed purposes.  1996, c. 1, Sched. F, s. 34.

Same

(2) The information referred to under subsection (1) may include personal information.  1996, c. 1, Sched. F, s. 34.

Application

(3) This section applies despite anything in the Regulated Health Professions Act, 1991, an Act listed in Schedule 1 to the Regulated Health Professions Act, 1991, the Drugless Practitioners Act or any regulations made under those Acts.  1996, c. 1, Sched. F, s. 34.

Form and time

(4) The information referred to in subsection (1) shall be provided in the form, and within the time, specified by the Director. 2019, c. 15, Sched. 19, s. 22.

Rules re providing records and information

(5) Where the Director requires a licensee or other person to provide information under subsection (1), the following rules apply:

1. The licensee or other person shall submit copies of the requested information and, where required by the Director, shall include a signed certificate of authenticity and a signed copy of an audit trail for electronic records.

2. If the Director is not satisfied with the copies of the requested information, the Director may require the licensee or other person to produce the original documents to the Director, and the documents shall be returned to the licensee or other person in a timely manner after copies have been made.

3. Where a licensee or other person fails to produce the copies or originals of information required under this section, the Director may, on notice to the licensee or other person, apply to a justice or a provincial judge for an order compelling production of the required information and the justice or provincial judge may issue the order if they are satisfied that there are reasonable grounds for believing that the licensee or other person failed to produce the information. 2019, c. 15, Sched. 19, s. 22.

Certificate of authenticity

(6) A certificate of authenticity required under this section shall be in a form acceptable to the Director unless otherwise prescribed. 2019, c. 15, Sched. 19, s. 22.

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

1996, c. 1, Sched. F, s. 34 - 1/04/1996

2019, c. 15, Sched. 19, s. 22 - 10/12/2019

Immunity

38 (1) Despite sections 5 and 23 of the Proceedings Against the Crown Act, no action or other proceeding for damages or otherwise shall be commenced against the Crown, the Minister, the Director, an inspector or assessor appointed under this Act or an officer, employee or agent of the Crown or of the College, the Registrar, the College, the Council of the College or a committee established by the Council or a member of the Council or the committee for any act done or performed in good faith in the performance or intended performance of any duty or function or in the exercise or intended exercise of any power or authority under this Act or the regulations, or for any neglect, default or omission in the performance or exercise in good faith of any duty, function, power or authority under this Act or the regulations.  1998, c. 18, Sched. G, s. 60 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 38 (1) of the Act is amended by striking out “sections 5 and 23 of the Proceedings Against the Crown Act” and substituting “section 8 of the Crown Liability and Proceedings Act, 2019”. (See: 2019, c. 7, Sched. 17, s. 93)

Application

(2) Subsection (1) does not apply so as to prohibit an action or proceeding commenced against a person or entity referred to in that subsection for damages or losses resulting from the disclosure of personal information under section 37, 37.1 or 37.2.  1996, c. 1, Sched. F, s. 35.

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

1996, c. 1, Sched. F, s. 35 - 1/04/1996

1998, c. 18, Sched. G, s. 60 (4) - 1/02/1999

2019, c. 7, Sched. 17, s. 93 - not in force

No compensation

38.1 No compensation shall be payable by the Crown, the Minister, the Director or any other person engaged in the administration of this Act in respect of any loss suffered as a result of,

(a) the Director refusing to issue or renew a licence, revoking or suspending a licence, imposing conditions or limitations on a licence, amending conditions or limitations on a licence, or refusing to consent to the transfer of a licence;

(b) the Director approving or refusing to approve the relocation of an independent health facility;

(c) a compliance order issued under section 40.1; or

(d) enforcement of the prohibitions under section 3. 2019, c. 15, Sched. 19, s. 23.

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

1996, c. 1, Sched. F, s. 36 - 1/04/1996

2019, c. 15, Sched. 19, s. 23 - 10/12/2019

38.2 Repealed:  2011, c. 1, Sched. 6, s. 5.

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

1996, c. 1, Sched. F, s. 37 - 1/04/1996

2011, c. 1, Sched. 6, s. 5 - 30/03/2011

Offences

39 (1) Every person who contravenes section 3, 11, 35 or 37 is guilty of an offence.  R.S.O. 1990, c. I.3, s. 39 (1).

Same

(1.1) Every individual is guilty of an offence who fails to comply with,

(a) a request for information under section 37.2; or

(b) a compliance order. 2019, c. 15, Sched. 19, s. 24 (1).

Corporate offences

(2) Every person who contravenes section 13, 14, 15 or 16 is guilty of an offence.  R.S.O. 1990, c. I.3, s. 39 (2).

Breach of regulations

(3) Every person who contravenes the regulations is guilty of an offence.  R.S.O. 1990, c. I.3, s. 39 (3).

Penalty, individual

(4) Every individual who is convicted of an offence under this section is liable, for each day or part of a day on which the offence occurs or continues,

(a) for a first offence, to a fine of not more than $50,000 or, subject to subsection (5.1), to imprisonment for a term of not more than 12 months, or to both;

(b) for a subsequent offence, to a fine of not more than $100,000 or, subject to subsection (5.1), to imprisonment for a term of not more than 12 months, or to both. 2019, c. 15, Sched. 19, s. 24 (2).

Same, corporation

(5) Every corporation that is convicted of an offence under this section is liable, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $100,000 for a first offence and to a fine of not more than $500,000 for a subsequent offence. 2019, c. 15, Sched. 19, s. 24 (2).

No imprisonment

(5.1) Despite anything else in this Act, an individual convicted of an offence under clause (1.1) (b) is not liable to imprisonment, or to a warrant of committal under subsection 69 (14) of the Provincial Offences Act, as a result of the conviction or as a result of default in payment of the fine resulting from the conviction. 2019, c. 15, Sched. 19, s. 24 (2).

Due diligence, mistake not a defence

(5.2) It is not a defence to a charge under clause (1.1) (b) that the person took all reasonable steps to prevent any failure to comply with this Act or, at the time of the failure, the person had an honest and reasonable belief in a set of facts that, if true, would have resulted in there not being any non-compliance. 2019, c. 15, Sched. 19, s. 24 (2).

Presiding judge

(5.3) The Crown may, by notice to the clerk of the Ontario Court of Justice, require that a provincial judge preside over a proceeding in respect of an offence under this section. 2019, c. 15, Sched. 19, s. 24 (2).

Compensation or restitution

(6) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.  2002, c. 18, Sched. I, s. 12 (6).

No limitation

(7) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.  2002, c. 18, Sched. I, s. 12 (6).

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

2002, c. 18, Sched. I, s. 12 (5, 6) - 26/11/2002

2019, c. 15, Sched. 19, s. 24 (1, 2) - 10/12/2019

Restraining order

40 (1) In addition to any other remedy and to any penalty imposed by law, a contravention of section 3 may be restrained by action at the instance of the Attorney General.  R.S.O. 1990, c. I.3, s. 40 (1).

Restraining order upon conviction

(2) Upon its own initiative or upon application by counsel for the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other remedy and to any penalty imposed by law, may make an order prohibiting the continuation or repetition by the person of the action that constitutes the offence.  R.S.O. 1990, c. I.3, s. 40 (2).

Compliance orders

40.1 (1) The Director or a prescribed person may order a licensee or a potential licensee to,

(a) do anything, or refrain from doing anything, to achieve compliance with a requirement under this Act; or

(b) prepare, submit and implement a plan for achieving compliance with a requirement under this Act. 2019, c. 15, Sched. 19, s. 25.

Grounds

(2) A compliance order under subsection (1) may be made if, in the opinion of the Director or prescribed person, after considering any factors provided for in this Act or the regulations, the licensee or potential licensee has not complied with a requirement under this Act or, if in the opinion of the Director or prescribed person, it is necessary or advisable to protect the health or safety of any person. 2019, c. 15, Sched. 19, s. 25.

Time of validity

(3) A compliance order issued under this section is valid until the date set out in the order or until the conditions specified in the order have been met, whichever is earlier. 2019, c. 15, Sched. 19, s. 25.

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

2019, c. 15, Sched. 19, s. 25 - 10/12/2019

Due diligence, mistakes do not prevent action

40.2 The authority to take an action under subsection 18 (1), or to issue an order under section 40.1, may be exercised with respect to a licensee or potential licensee who has not complied with a requirement under this Act whether or not,

(a) the licensee or potential licensee took all reasonable steps to prevent the non-compliance; or

(b) at the time of the non-compliance, the licensee or potential licensee had an honest and reasonable belief in a set of facts that, if true, would have resulted in there not being any non-compliance. 2019, c. 15, Sched. 19, s. 25.

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

2019, c. 15, Sched. 19, s. 25 - 10/12/2019

Consideration of past conduct

40.3 Where the Minister or Director makes a decision under this Act, they may consider any person’s current or past failures to comply with a requirement under this Act or under any other Act that they may consider relevant. 2019, c. 15, Sched. 19, s. 25.

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

2019, c. 15, Sched. 19, s. 25 - 10/12/2019

Annual report

41 The Minister shall annually prepare a report on the implementation of this Act and submit it 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. I.3, s. 41.

Regulations

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

1. providing for and governing anything that this Act refers to as being prescribed or provided for in the regulations, or as being required to be done in accordance with the regulations or as being subject to the regulations;

2. defining or clarifying the meaning of any word or expression used in this Act that is not otherwise defined in this Act;

3. providing for exemptions from this Act or any provision of this Act, subject to any conditions that may be set out in the regulation;

4. governing the process for submitting applications;

5. extending the time for applying for a licence under section 7 or for an amendment to the limitations on a licence under section 8;

6. providing that a health facility operated under subsection 7 (6) or providing services under subsection 8 (5) is subject to a regulation, or a provision in a regulation, made under this section;

7. governing the relocation of independent health facilities under section 10, providing for the terms and conditions of the relocation and respecting the time at which the application must be made;

8. governing any application that may be made or submitted under this Act;

9. respecting forms and their use;

10. governing fees for things done under or in accordance with this Act, and requiring their payment;

11. classifying health facilities or independent health facilities;

12. governing the care, treatment and services provided in independent health facilities or any class of them, including governing safety, quality management programs, and quality and standards;

13. governing the requirements for staff and employees of independent health facilities or any class of them;

14. governing the construction, establishment, location, equipment, maintenance and repair of, additions and alterations to, and operations of independent health facilities or any class of them;

15. governing the books, records and accounts to be kept by licensees including their form and content and the place or places where they are to be kept;

16. requiring the accounts of independent health facilities to be audited and requiring the licensees to furnish information or accounts required by the Director;

17. governing the records to be kept by licensees with respect to the care and treatment of patients of the independent health facility;

18. governing reports and returns to be made to the Director by licensees;

19. requiring and governing a system or systems to be used by licensees to monitor the results of the services provided in independent health facilities or any class of them;

20. governing access to patient or drug records and specifying persons who may have access to such records;

21. prescribing the amounts that the Minister shall pay under subsection 24 (1) or the method of determining the amounts, and prescribing conditions for the payment of such amounts;

22. governing payments made by the Minister under subsection 24 (2) and setting conditions for payment;

23 governing claims made for the purposes of payment by the Minister under subsection 24 (1) or (2), including requiring claims to be made in the prescribed manner and at the prescribed time and prescribing conditions for the making of claims;

24. providing for additional powers, functions and duties of a governing, registering or licensing body of a profession conducting assessments under subsection 27 (3) and providing for other duties of assessors and inspectors;

25. requiring licensees, potential licensees and applicants for a licence to pay fees established by a governing, registering or licensing body of a profession conducting assessments under subsection 27 (3) and governing the circumstances in which the licensees and other persons are required to pay;

26. classifying services;

27. prescribing services, classes of services and operating costs that are part of the insured service;

28. prescribing services, classes of services and operating costs that are not part of an insured service and that do not support, assist and are not a necessary adjunct, or any of them, to an insured service;

29. prescribing any services, any classes of services and any operating costs that are not part of an insured service and that support, assist and are a necessary adjunct, or any of them, to the insured service, and prescribing the maximum amount a person may charge for services or operating costs;

30. prescribing conditions and limitations that attach to licences of independent health facilities or any class or classes of them;

31. governing and restricting the disposition and transfer of the assets of independent health facilities;

32. governing compliance orders, including factors that must be considered before issuing a compliance order and actions to be taken in connection with the issuance of a compliance order;

33. generally for carrying out what the Lieutenant Governor in Council considers to be the purposes, provisions and intent of this Act. 2019, c. 15, Sched. 19, s. 26.

Scope of regulations

(2) A regulation may be general or particular in its application, and may be made applicable to different classes of persons, licensees, health facilities or classes of services. 2019, c. 15, Sched. 19, s. 26.

Nil amount

(3) An amount or fee prescribed or provided for under subsection (1) may be a nil amount. 2019, c. 15, Sched. 19, s. 26.

Rolling incorporation by reference

(4) If a regulation adopts by reference any code, standard, guideline or similar document, the regulation may require compliance with the code, standard or guideline, as amended from time to time, whether the amendment was made before or after the regulation was made. 2019, c. 15, Sched. 19, s. 26.

Retroactive effect

(5) A regulation made under this Act is, if it so provides, effective with reference to a period before the day it is filed. 2019, c. 15, Sched. 19, s. 26.

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

1996, c. 1, Sched. F, s. 38 (1-7) - 1/04/1996

2002, c. 18, Sched. I, s. 12 (7-10) - 26/11/2002

2011, c. 1, Sched. 6, s. 5 - 30/03/2011

2019, c. 15, Sched. 19, s. 26 - 10/12/2019

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