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Independent Health Facilities Act

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

Consolidation Period: From March 30, 2011 to the e-Laws currency date.

Last amendment: 2011, c. 1, Sched. 6, s. 5.

CONTENTS

1.

Interpretation

2.

Application of Act

3.

Licences and facility fees

4.

Powers of Minister

5.

Proposals

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

17.

Order by Director to take control

18.

Revocation and refusal to renew licence

19.

Refusal to renew or revoke licence by Minister

19.1

No petition to Lieutenant Governor in Council

20.

Process where Director proposes to revoke or refuse to renew licence

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

25.

Inspectors appointed by Minister

26.

Inspections by inspectors appointed by Registrar

27.

Appointment of assessors

28.

Appointment of assessors and reports

30.

Powers of assessor

31.

Assessment

32.

Inspection

33.

Warrant to enter and inspect

34.

Evidence

35.

Obstruction of inspector

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

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”)

“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”)

“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”)

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

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

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

“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).

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.

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).

(4) Repealed: 1996, c. 1, Sched. F, s. 20 (3).

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.

Proposals

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

(a) sending a request for a proposal to one or more specified persons; or

(b) publishing a notice in a newspaper of general circulation in Ontario, or in a newspaper of general circulation in a part of Ontario, to the effect that proposals for the establishment and operation of an independent health facility may be submitted to the Director and giving information as to how to obtain a copy of the request for proposals. 1996, c. 1, Sched. F, s. 22.

Same

(2) In deciding whether or not to authorize the Director to request proposals, 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; and

(f) the availability of public money to pay for the establishment and operation of the independent health facility. 1996, c. 1, Sched. F, s. 22.

Contents of request

(3) A request for proposals 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 proposals. R.S.O. 1990, c. I.3, s. 5 (3).

Submission of proposals

(4) Persons interested in establishing and operating an independent health facility in response to a request for proposals may submit proposals therefor to the Director. R.S.O. 1990, c. I.3, s. 5 (4).

Contents of proposal

(5) A proposal shall set out,

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

(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 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;

(g) such other information as is relevant to the requirements and limitations specified in the request for proposals. R.S.O. 1990, c. I.3, s. 5 (5).

Consideration of proposals

(6) The Director shall consider the proposals and may request additional information in respect of any proposal. R.S.O. 1990, c. I.3, s. 5 (6).

Issuance of licence

6. (1) The Director may issue a licence to a person who has submitted a proposal for the establishment and operation of an independent health facility where the Director is of the opinion,

(a) that the proposal meets the criteria specified in the request for proposals;

(b) that the quality and the standards of the independent health facility or of the service or services to be provided in the facility will comply with the regulations or, in the absence of regulations, will conform to the generally accepted quality and standards for the facility and the service or services to be provided in the facility;

(c) that the person will operate the independent health facility competently and with honesty and integrity; and

(d) that the person will establish and maintain a system to ensure the monitoring of the results of the service or services provided in the independent health facility. R.S.O. 1990, c. I.3, s. 6 (1); 1996, c. 1, Sched. F, s. 23 (1).

Discretion

(2) The issuance of a licence to a person who meets the requirements of subsection (1) is discretionary in the Director and, despite a request for proposals or negotiations in respect of a proposal, the Director,

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

(b) may prefer any proposal over other proposals. R.S.O. 1990, c. I.3, s. 6 (2).

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).

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.

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.

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.

Minister may direct refusal to issue licence

9. (1) At any time after the Minister authorizes the Director to request one or more proposals 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 request for proposals. 1996, c. 1, Sched. F, s. 25 (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; and

(f) the availability of public money to pay for the establishment and operation of the independent health facility. R.S.O. 1990, c. I.3, s. 9 (2); 1996, c. 1, Sched. F, s. 25 (2).

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 every person who submitted a proposal. 1996, c. 1, Sched. F, s. 25 (3).

Public notice

(4) If notice of the request for proposals was published in a newspaper of general circulation in Ontario or in a part of Ontario and the Minister issues a direction under this section before the final day for the submission of proposals, the Director shall, in addition to giving notice under subsection (3), publish notice of the direction in the newspaper in which the notice of the request for proposals was published. 1996, c. 1, Sched. F, s. 25 (3).

(5) Repealed: 1996, c. 1, Sched. F, s. 25 (3).

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.

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).

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

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

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).

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).

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).

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).

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).

Revocation and refusal to renew licence

18. (1) The Director may revoke, suspend or refuse to renew a licence where,

(a) the licensee or any member of the licensee’s staff or an employee of the licensee is in contravention of this Act or the regulations or any other Act of the Legislature or of the Parliament of Canada or regulation that applies to the independent health facility or to the licensee, any member of the licensee’s staff or an employee of the licensee, as the case may be;

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

(c) any person has made a false statement in the proposal submitted to the Director in respect of the independent health facility;

(d) any person has made a false statement in the application for renewal of the licence;

(e) any person has made a false 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;

(f) Repealed: 2002, c. 18, Sched. I, s. 12 (4).

(g) 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;

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

(i) there is reasonable ground for belief that the independent health facility is being operated or will be operated in a manner that is prejudicial to the health, safety or welfare of any person;

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

(k) the licensee is a corporation described in subsection 13(1) that has permitted an issue or transfer contrary to that subsection;

(l) a corporation has failed to notify the Director contrary to section 14; or

(m) the licensee has entered into a contract described in section 16 contrary to that section. R.S.O. 1990, c. I.3, s. 18 (1); 2002, c. 18, Sched. I, s. 12 (4); 2009, c. 33, Sched. 18, s. 13 (3).

Emergency suspension

(2) If 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 an immediate threat to the health or safety of any person, the Director by a written order may suspend the licence of the facility. R.S.O. 1990, c. I.3, s. 18 (2).

Order effective immediately

(3) An order under subsection (2) takes effect immediately upon notice of the order being served on the licensee. 1996, c. 1, Sched. F, s. 27 (1).

Notice requiring hearing by Board

(4) The Director shall deliver with the order under subsection (2) notice that the licensee is entitled to a hearing by the Board if the licensee mails or delivers, within fifteen days after the notice 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. R.S.O. 1990, c. I.3, s. 18 (4).

Powers of Board where hearing

(5) Subsections 20(4) and (6) apply with necessary modifications to a suspension under subsection (2). R.S.O. 1990, c. I.3, s. 18 (5).

Service of notice

(6) The Director may serve notice of an order 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. 27 (2).

Deemed receipt

(7) If the Director serves notice in a manner described in subsection (6), the licensee shall be deemed to have received the notice on the day it is sent. 1996, c. 1, Sched, F, s. 27 (2).

No stay

(8) Despite section 25 of the Statutory Powers Procedure Act, a request for a hearing by the Board made in accordance with subsection (4), or an appeal to Divisional Court of the Board’s decision under section 22, shall not operate as a stay of a suspension of a licence ordered under subsection (2). 1996, c. 1, Sched, F, s. 27 (2).

No interim order to stay

(9) Despite section 16.1 of the Statutory Powers Procedure Act, the Board shall not make an interim order to stay the suspension of a licence ordered under subsection (2). 1996, c. 1, Sched, F, s. 27 (2).

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; and

(f) the availability of public money to pay for the establishment and operation of the independent health facility. R.S.O. 1990, c. I.3, s. 19 (2); 1996, c. 1, Sched. F, s. 28 (2).

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).

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).

Process where Director proposes to revoke or refuse to renew licence

20. (1) Where the Director proposes to revoke, suspend or refuse to renew a licence under subsection 18(1), the Director shall serve notice of the proposed action, together with written reasons therefor, on the licensee. R.S.O. 1990, c. I.3, s. 20 (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 fifteen 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. R.S.O. 1990, c. I.3, s. 20 (2).

Powers of Director where no hearing

(3) Where a licensee does not require a hearing by the Board in accordance with subsection (2), the Director may carry out the proposed action stated in the notice under subsection (1). R.S.O. 1990, c. I.3, s. 20 (3).

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).

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 proposes to refuse to grant the renewal, until the time for giving notice requiring a hearing by the Board has expired and, where a hearing is required, until the time for giving notice requiring an appeal from the decision or order of the Board has expired and, where an appeal is required, until the matter in issue has been finally determined. R.S.O. 1990, c. I.3, s. 20 (7).

Notice re consent to transfer a licence

(8) Subsections (1) to (6) apply with necessary modifications where the Director proposes to refuse to 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).

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 so as to eliminate services from the list of services and types of services in respect of which an independent health facility is licensed unless,

(a) there is reasonable ground to believe 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) there is reasonable ground to believe 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; or

(c) the licensee has ceased to provide the services for a period of at least six months and is not taking reasonable steps to begin providing the services again. 1996, c. 1, Sched. F, s. 29.

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.

Application

(7) Subsections 20 (2) to (6) and sections 21, 22 and 23 apply with necessary modifications where the Director amends the limitations of a licence under subsection (2). 1996, c. 1, Sched. F, s. 29.

No stay of decision

(8) Despite section 25 of the Statutory Powers Procedure Act, a request for a hearing by the Board made in accordance with section 20, or an appeal to Divisional Court of the Board’s decision under section 22, shall not operate as a stay of the operation of an amendment made under this section. 1996, c. 1, Sched. F, s. 29.

No interim order

(9) Despite section 16.1 of the Statutory Powers Procedure Act, the Board shall not make an interim order to stay the operation of an amendment under this section. 1996, c. 1, Sched. F, s. 29.

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).

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. Except where otherwise provided, any notice required by this Act to be served may be served personally or by registered mail addressed to the person to whom notice is to be given at the person’s last known address and, where notice is served by registered mail, the service shall be deemed to have been made on the third day after the day of mailing unless the person to whom notice is given establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice until a later date. R.S.O. 1990, c. I.3, s. 23.

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.

Recoveries

(3) If the Minister is of the opinion that amounts that, for a prescribed reason, should not have been paid to a person were in fact paid to the person under subsection (1), the Minister may set off the amount against any amounts payable to the person under this section in the future. 1996, c. 1, Sched. F, s. 30.

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.

Delegation

(5) The Minister may delegate any power of the Minister under this section. 1996, c. 1, Sched. F, s. 30.

Inspectors appointed by Minister

25. (1) The Minister may appoint in writing one or more persons as inspectors. R.S.O. 1990, c. I.3, s. 25 (1).

Limitation

(2) In an appointment under subsection (1), the Minister may limit the duties or the authority, or both, of an inspector in such manner as the Minister considers necessary or advisable. R.S.O. 1990, c. I.3, s. 25 (2).

Investigation

(3) Where the Director is of the opinion that it is necessary or advisable that an inspection be made of an independent health facility licensed under this Act to ensure that this Act, the regulations and the limitations and conditions of the licence are being complied with, the Director may direct one or more inspectors appointed by the Minister to make the investigation and to report to the Director. R.S.O. 1990, c. I.3, s. 25 (3).

Duty of inspector

(4) An inspector appointed by the Minister shall make such inspections as the Director requires under subsection (3) and shall make such reports and interim reports in respect of the inspections as are required by the Director. R.S.O. 1990, c. I.3, s. 25 (4).

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).

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).

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).

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).

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.

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).

Inspection

32. (1) An inspector appointed by the Registrar may, at any reasonable time, without a warrant, enter any premises of a health facility to make an inspection,

(a) in respect of a health facility operated by a person not licensed under this Act, to determine whether there is or has been a contravention of section 3;

(b) in respect of a health facility operated under subsection 7 (6) by a person not licensed under this Act, to ensure that the quality and standards of services provided in the facility comply with the regulations or, in the absence of regulations, conform to the generally accepted quality and standards for the health facility and the service or services provided in such a health facility; and

(c) in respect of a health facility in which a service is provided under subsection 8 (5), to ensure that the quality and standards of the service provided under subsection 8 (5) comply with the regulations or, in the absence of regulations, conform to the generally accepted quality and standards for the service. R.S.O. 1990, c. I.3, s. 32 (1); 1996, c. 1, Sched. F, s. 33 (1, 2).

Inspector appointed by Minister

(2) An inspector appointed by the Minister may, at any reasonable time, without a warrant, enter any premises of an independent health facility operated by a person licensed under this Act to make an inspection to ensure that this Act and the regulations, and the limitations and conditions, if any, of the licence, are being complied with. R.S.O. 1990, c. I.3, s. 32 (2).

Search of premises other than health facilities

(3) Where an inspector has reasonable ground to believe that there is in any premises, other than a health facility, any thing that there is reasonable ground to believe will afford evidence as to the commission of an offence under this Act or in relation to the establishment or operation of an independent health facility licensed under this Act, the inspector may apply under section 158 of the Provincial Offences Act for a warrant to enter and search the premises. R.S.O. 1990, c. I.3, s. 32 (3).

Private residence

(4) Subsection (1) is not authority to enter a private residence without the consent of an occupier, except under the authority of a warrant under section 33. R.S.O. 1990, c. I.3, s. 32 (4).

Exempt health facilities

(5) Subsection (1) is authority to enter a health facility that is, under section 2, otherwise exempt from the application of this Act. R.S.O. 1990, c. I.3, s. 32 (5).

Powers on inspection

(6) Upon an inspection under this section, the inspector,

(a) has the right to inspect the premises and the operations carried out on the premises;

(a.1) has the right, if the consent of the person who is to receive services has been obtained, to observe the staff of the facility providing services to members of the public;

(b) has the right to free access, at any reasonable time, to all books of account, documents, correspondence and records, including payroll, employment, patient and drug records and any other records that are relevant for the purposes of the inspection, regardless of the form or medium in which such records are kept, but if such books, documents, correspondence or records are kept in a form or medium that is not legible, the inspector is entitled to require the person apparently in charge of them to produce a legible physical copy for examination by the inspector;

(c) has the right to remove, upon giving a receipt therefor and showing the certificate of appointment issued by the Minister, any material referred to in clause (b) that relates to the purpose of the inspection for the purpose of making a copy thereof, provided that the material is promptly returned to the person apparently in charge of the premises from which the material was removed;

(d) has the right, at any reasonable time, to make and take or require to be made or taken samples of any substance on the premises;

(e) has the right to remove, upon giving a receipt therefor and showing the certificate of appointment issued by the Minister, any sample referred to in clause (d) that relates to the purpose of the inspection for the purpose of making an analysis thereof; and

(f) may question a person on matters that are or may be relevant to an inspection under this Act, subject to the person’s right to have counsel or some other representative present during the examination. R.S.O. 1990, c. I.3, s. 32 (6); 1996, c. 1, Sched. F, s. 33 (3).

Co-operation by licensees

(7) It is a condition of every licence that the licensee and the staff and employees of the licensee shall co-operate fully with an inspector carrying out an inspection of an independent health facility operated by a licensee. R.S.O. 1990, c. I.3, s. 32 (7).

Warrant to enter and inspect

33. (1) A provincial judge or justice of the peace may issue a warrant in the form prescribed by the regulations where the judge or justice is satisfied upon application by an inspector, on information upon oath, that there is reasonable ground for believing that it is necessary to do anything set out in clause 32(6)(a), (b), (c), (d) or (e) in respect of a health facility and,

(a) no occupier is present to grant access to a premises that is locked or otherwise inaccessible;

(b) no occupier is present to grant access to a private residence; or

(c) an occupier of the premises,

(i) has denied an inspector entry to the premises,

(ii) has instructed an inspector to leave the premises,

(iii) has obstructed an inspector,

(iv) has refused to produce to an inspector any material referred to in clause 32(6)(b), or

(v) has refused to make or take a sample as required in clause 32(6)(d). R.S.O. 1990, c. I.3, s. 33 (1).

Authority given by warrant

(2) A warrant issued under subsection (1) authorizes the inspector to whom it is issued, by force if necessary, and together with such police officer or officers as the inspector calls upon for assistance, to do anything set out in clause 32(6)(a), (b), (c), (d) or (e) and specified in the warrant. R.S.O. 1990, c. I.3, s. 33 (2).

Execution of warrant

(3) A warrant issued under subsection (1) shall be executed at reasonable times. R.S.O. 1990, c. I.3, s. 33 (3).

Expiry of warrant

(4) A warrant issued under subsection (1) shall state the date on which it expires, which shall be a date not later than fifteen days after the warrant is issued. R.S.O. 1990, c. I.3, s. 33 (4).

Application without notice

(5) A provincial judge or justice of the peace may receive and consider an application for a warrant under subsection (1) without notice to and in the absence of the owner or occupier of the premises. R.S.O. 1990, c. I.3, s. 33 (5).

Evidence

34. (1) Copies of material removed from premises under this Act and certified as being true copies of the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the material of which they are copies. R.S.O. 1990, c. I.3, s. 34 (1).

Analysis report as evidence

(2) A certificate or report of an analysis of a sample removed from premises under this Act that purports to be signed by the laboratory technician who carried out the analysis shall be received in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the certificate or report without proof of the signature or position of the person appearing to have signed the certificate or report. R.S.O. 1990, c. I.3, s. 34 (2).

Obstruction of inspector

35. No person shall obstruct an inspector or withhold or conceal from an inspector any book, document, correspondence, record or thing relevant to the subject-matter of an inspection. R.S.O. 1990, c. I.3, s. 35.

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).

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).

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 if all prescribed conditions have been met and 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. However, the Minister shall not disclose the information if, in his or her opinion, the disclosure is not necessary for those purposes. 1996, c. 1, Sched. F, s. 34; 2006, c. 19, Sched. L, s. 5 (3).

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.

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.

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).

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.

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 the Minister or 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 as a result of enforcing the prohibitions under section 3. 1996, c. 1, Sched. F, s. 36.

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

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 person who fails to comply with subsection 37.2 (1) of the Act is guilty of an offence. 2002, c. 18, Sched. I, s. 12 (5).

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 $25,000 or 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 $50,000 or to imprisonment for a term of not more than 12 months, or to both. 2002, c. 18, Sched. I, s. 12 (6).

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 $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence. 2002, c. 18, Sched. I, s. 12 (6).

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).

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).

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. exempting any health facility or class of health facility from this Act or the regulations or any provision thereof, including section 2 or a regulation made under section 2 and providing that the exemption be subject to prescribed conditions;

1.1 exempting any person or class of persons from this Act or the regulations or any provision thereof and providing that the exemption be subject to prescribed conditions;

1.2 prescribing persons for the purposes of subsection 3 (3);

2. governing the process for submitting proposals;

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

3. governing applications for renewals of licences;

4. prescribing forms and providing for their use;

5. prescribing fees for licences, for transfers and renewal of licences and for such other functions or duties carried out by the Director or other officer in the administration of this Act as may be prescribed;

5.1 requiring licensees and other persons to pay prescribed fees;

5.2 requiring licensees to pay the cost of an assessment under section 30 or of an inspection under clause 32 (1) (b) and prescribing the circumstances in which the licensees are required to pay;

6. classifying health facilities or independent health facilities;

7. respecting and governing the care, treatment and services provided in independent health facilities or any class thereof;

8. prescribing and governing the quality and the standards of services provided in independent health facilities or any class thereof;

9. prescribing and governing the quality and the standards of independent health facilities or any class thereof;

10. prescribing and governing the requirements for staff and employees of independent health facilities or any class thereof;

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

11.1 governing the relocation of independent health facilities under section 10, prescribing the terms and conditions of the relocation and prescribing the time at which the application must be made;

12. prescribing the books, records and accounts that shall be kept by licensees including their form and content and the place or places where they shall be kept;

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

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

15. governing the reports and returns that shall be made to the Director by licensees;

16. requiring and governing the system or systems that shall be kept by licensees to monitor the results of the services provided in independent health facilities or any class thereof;

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

18. prescribing other duties of assessors;

19. prescribing other duties of inspectors;

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

19.2 governing payments made by the Minister under subsection 24 (2) and prescribing conditions for payment;

19.3 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;

20. classifying services;

21. exempting any service or class of service from this Act or the regulations or any provision thereof and providing that the exemption be subject to prescribed conditions;

22. 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;

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

24. 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;

25. prescribing the maximum amount a person may charge for services or operating costs prescribed under paragraph 24;

26. prescribing conditions that shall attach to licences of independent health facilities or any class or classes thereof;

27. prescribing administrative charges for the purposes of section 36;

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

29. Repealed: 2002, c. 18, Sched. I, s. 12 (8).

30. Repealed: 2002, c. 18, Sched. I, s. 12 (8).

31. prescribing conditions under which the Minister may collect or use personal information under subsection 37.1 (1) or (2), conditions under which the Minister shall disclose personal information under subsection 37.1 (3) and conditions under which the Minister may enter into agreements under subsection 37.1 (4);

32. prescribing purposes for which personal information may be collected, used or disclosed under subsection 37.1 (1), (2) or (3) and for which an agreement may be entered into under subsection 37.1 (4);

33. prescribing conditions under which persons are required to submit or disclose information under section 37.2;

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

35. prescribing anything referred to in this Act as prescribed. R.S.O. 1990, c. I.3, s. 42 (1); 1996, c. 1, Sched. F, s. 38 (1-6); 2002, c. 18, Sched. I, s. 12 (7, 8); 2011, c. 1, Sched. 6, s. 5.

Scope of regulations

(2) A regulation may be general or particular in its application. R.S.O. 1990, c. I.3, s. 42 (2).

(3) Repealed: 2002, c. 18, Sched. I, s. 12 (9).

Classes

(4) Any regulation made under subsection (1) may be made applicable to different classes of health facilities or different classes of services. 1996, c. 1, Sched. F, s. 38 (7).

(5) Repealed: 2011, c. 1, Sched. 6, s. 5.

Nil amount

(6) An amount or fee prescribed under paragraph 5, 5.1 or 19.2 of subsection (1) may be a nil amount. 1996, c. 1, Sched. F, s. 38 (7); 2002, c. 18, Sched. I, s. 12 (10).

Application of regulations

(7) The Lieutenant Governor in Council may make regulations to provide 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 subsection (1). 1996, c. 1, Sched. F, s. 38 (7).

Retroactive effect

(8) A regulation made under this Act is, if it so provides, effective with reference to a period before the day it is filed. 1996, c. 1, Sched. F, s. 38 (7).

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