Ministry of Health and Long-Term Care Act, R.S.O. 1990, c. M.26

Ministry of Health and Long-Term Care Act

R.S.O. 1990, CHAPTER M.26

Historical version for the period November 26, 2002 to March 27, 2006.

Amended by: 1993, c. 2, ss. 25, 26; 1994, c. 26, s. 74; 1996, c. 1, Sched. F, ss. 1, 2; 1997, c. 15, s. 12; 2002, c. 18, Sched. I, s. 15.

Definitions

1. In this Act,

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

“health facility” means a health facility as defined in the Health Insurance Act; (“établissement de santé”)

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

“physician” means a legally qualified medical practitioner lawfully entitled to practise medicine in the place in which such practice is carried on by him or her; (“médecin”)

“practitioner” means a person other than a physician who is lawfully performing health services in the place where they are rendered; (“praticien”)

“regulations” means the regulations made under this Act. (“règlements”) R.S.O. 1990, c. M.26, s. 1; 2002, c. 18, Sched. I, s. 15 (2-4).

Ministry continued

2. The ministry of the Minister is hereby continued under the name Ministry of Health and Long-Term Care in English and ministère de la Santé et des Soins de longue durée in French. 2002, c. 18, Sched. I, s. 15 (5).

Minister

3. (1) The Minister shall preside over and have charge of the Ministry and all its functions. R.S.O. 1990, c. M.26, s. 3 (1).

Administration of Acts

(2) The Minister is responsible for the administration of this Act and any other Acts that are assigned to him or her by the Legislature or by the Lieutenant Governor in Council. R.S.O. 1990, c. M.26, s. 3 (2).

Delegation of authority

(3) The Minister may delegate, in writing, any of his or her powers or duties under this or any other Act to any of the following persons and may impose conditions and restrictions with respect to the delegation:

1. The Deputy Minister.

2. Any public servant.

3. Any other person who is employed in the Ministry.

4. Any officer or member of the board of an agency or other entity for which the Minister has been assigned responsibility by the Lieutenant Governor in Council. 2002, c. 18, Sched. I, s. 15 (6).

Effect of agreements

(4) Despite the Executive Council Act, an agreement made by a person empowered to do so under subsection (3) has the same effect as if made and signed by the Minister. R.S.O. 1990, c. M.26, s. 3 (4).

Deputy Minister

4. The Deputy Minister shall perform such duties and functions as are assigned to him or her by the Lieutenant Governor in Council or the Minister. R.S.O. 1990, c. M.26, s. 4.

Employees

5. Such employees may be appointed under the Public Service Act as are required from time to time for the proper conduct of the business of the Ministry. R.S.O. 1990, c. M.26, s. 5.

Duties and functions of Minister

6. (1) It is the function of the Minister and he or she has power to carry out the following duties:

1. To advise the Government in respect of the health of the people of Ontario.

2. To oversee and promote the health and the physical and mental well-being of the people of Ontario.

3. To be responsible for the development, co-ordination and maintenance of comprehensive health services and a balanced and integrated system of hospitals, nursing homes, laboratories, ambulances and other health facilities in Ontario.

4. To enter into agreements for the provision of health services and equipment required therefor and for the payment of remuneration for such health services on a basis other than fee for service.

5. To institute a system for payment of amounts payable under the Health Insurance Act in the form of payment by the Province of all or any part of the annual expenditures of hospitals and health facilities.

6. To establish and operate, alone or in co-operation with one or more persons or organizations, institutes and centres for the training of hospital and health service personnel.

7. To govern the care, treatment and services and facilities therefor provided by hospitals and health facilities and assess the revenues required to provide such care, treatment and services.

8. To control charges made to all patients by hospitals and health facilities.

9. To authorize and provide financial support, alone or in co-operation with one or more persons or organizations, on a periodic basis or otherwise, for the establishment and operation of corporations to supply centralized services and commodities to hospitals, nursing homes and health facilities and to others associated with health workers and the health field generally and enter into agreements necessary therefor, and enter into agreements with hospitals, nursing homes and other health facilities and other persons on such terms and conditions and for such periods as the Minister considers advisable to assist in financing all or any part of the cost of such centralized services and commodities or for any other purpose incidental to the foregoing.

10. To convene conferences and conduct seminars and educational programs respecting health matters. R.S.O. 1990, c. M.26, s. 6 (1); 1993, c. 2, s. 25.

Idem

(2) The Minister in exercising his or her powers and carrying out his or her duties and functions under this Act,

(a) shall inquire into and determine the hospital and health facilities, services and personnel required to meet the health needs of the people of Ontario;

(b) shall promote and assist in the development of adequate health resources, both human and material, in Ontario;

(c) may initiate, promote, conduct and maintain surveys, scientific and administrative research programs and planning studies into any matters relating to the health needs of Ontario and obtain statistics for purposes of the Ministry;

(d) may collect such information and statistics respecting the state of health of members of the public, health resources, facilities and services and any other matters relating to the health needs or conditions affecting the public as are considered necessary or advisable, and publish any information so collected; and

(e) may recommend to the Government the methods and programs by which the health needs of the people of Ontario can be met. R.S.O. 1990, c. M.26, s. 6 (2).

Agreements for provision of health facilities, etc.

7. The Minister, with the approval of the Lieutenant Governor in Council, may on behalf of the Government of Ontario make agreements with municipalities or other persons or corporations respecting the provision of hospitals and health facilities, and services and personnel thereof. R.S.O. 1990, c. M.26, s. 7.

8. Repealed: 2002, c. 18, Sched. I, s. 15 (7).

District health councils

8.1 (1) The Lieutenant Governor in Council or the Minister may establish district health councils and may specify the geographic area for which each district health council is authorized to perform its functions. 1994, c. 26, s. 74 (1).

Members

(2) The members of a district health council shall be appointed by the Lieutenant Governor in Council or the Minister. 1994, c. 26, s. 74 (1).

Criteria for appointment

(3) In the selection of persons to be appointed under subsection (2), the Lieutenant Governor in Council or the Minister, as the case may be, shall consider the importance of ensuring that the membership of the district health council reflects the diversity of the population in the council’s geographic area in terms of gender, age, disability, place of residence within the council’s geographic area and cultural, ethnic, linguistic and spiritual factors. 1994, c. 26, s. 74 (1).

Functions

(4) The functions of a district health council are,

(a) to advise the Minister on health needs and other health matters in the council’s geographic area;

(b) to make recommendations on the allocation of resources to meet health needs in the council’s geographic area;

(c) to make plans for the development and implementation of a balanced and integrated health care system in the council’s geographic area; and

(d) to perform any other duties assigned to it under this or any other Act or by the Minister. 1994, c. 26, s. 74 (1).

Corporation

(5) Each district health council is a corporation without share capital composed of the members of the district health council from time to time. 1994, c. 26, s. 74 (1).

Application of Corporations Act

(6) The Corporations Act does not apply to a district health council, except as provided by the regulations. 1994, c. 26, s. 74 (1).

Application of Corporations Information Act

(7) The Corporations Information Act does not apply to a district health council. 1994, c. 26, s. 74 (1).

Capacity and powers

(8) A district health council has all the capacity and powers of a natural person for the purpose of carrying out the district health council’s functions, except as provided by the regulations. 1994, c. 26, s. 74 (1).

First Nations, aboriginal communities

(9) If health services for a First Nation or an aboriginal community in a district health council’s geographic area are planned, managed or delivered by the First Nation or an organization operating under its authority or by the aboriginal community or an aboriginal organization, or if resources for health services for the First Nation or the aboriginal community are allocated by the First Nation or an organization operating under its authority or by the aboriginal community or an aboriginal organization, the Minister,

(a) may direct the district health council not to exercise one or more of its functions with respect to the First Nation or the aboriginal community, despite subsection (4); and

(b) may direct the district health council to co-operate with the First Nation or the organization operating under its authority or with the aboriginal community or the aboriginal organization when the district health council exercises functions other than those which the Minister has directed it not to exercise with respect to the First Nation or the aboriginal community. 1994, c. 26, s. 74 (1).

Plans and information

(10) A provider of health services who is prescribed by the regulations or who belongs to a class of providers prescribed by the regulations shall, at the times specified by the Minister, give the Minister and the district health councils specified by the Minister such plans and other information as the Minister may request relating to the present activities and the future direction of the provider. 1994, c. 26, s. 74 (1).

Immunity from liability

(11) No proceeding for damages or otherwise shall be commenced against a district health council or a member, officer, employee or agent of a district health council or of a committee of a district health council for any act done in good faith in the execution or intended execution of any duty, function or power under this Act or for any alleged neglect or default in the execution in good faith of any duty, function or power under this Act. 1994, c. 26, s. 74 (1).

Appointment of advisory committees

9. The Lieutenant Governor in Council or the Minister may appoint committees to perform such advisory functions as are considered necessary or desirable in order to assist the Minister in the discharge of his or her duties. R.S.O. 1990, c. M.26, s. 9.

10. Repealed: 1997, c. 15, s. 12 (1).

Approval of sales

11.  No land, building or other premises or place or any part thereof acquired or used for the purposes of a regional school of nursing, institute or training centre approved by the Minister for the education of registered nurses, registered nursing assistants, medical laboratory technicians, radiological technicians, ambulance personnel or any other health care personnel for which a grant or loan has been made by the Government shall be sold, leased, mortgaged or otherwise disposed of without the approval of the Minister. R.S.O. 1990, c. M.26, s. 11.

Regulations

12.  Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations,

(a) to prescribe and govern the standards for the facilities for providing care, treatment and services in hospitals and health facilities;

(b) providing for the transportation of patients from one hospital or health facility to another hospital or health facility;

(c) providing for the transportation of organs, biologicals and surgical and other health care supplies and equipment;

(c.1) Repealed: 2002, c. 18, Sched. I, s. 15 (8).

(d) governing district health councils and their committees, including the composition, structure, functions, duties and manner of operation of district health councils and their committees;

(d.1) governing the recruitment and selection of candidates to be nominated for appointment to district health councils and governing the recruitment and selection of the members of committees, or any class of committees, of district health councils;

(d.2) making a provision of the Corporations Act applicable to district health councils;

(d.3) restricting or limiting the capacity and powers of district health councils;

(e) prescribing the proportions of standard ward, semi-private and private accommodation that shall be provided in individual hospitals and health facilities;

(f) Repealed: 1997, c. 15, s. 12 (2).

(g) designating facilities or classes of facilities that are health facilities for the purposes of this Act;

(h) governing the establishment, maintenance, operation and use of and the treatment provided in facilities for the diagnosis, surveillance and treatment of tuberculosis, and governing the establishment, maintenance, operation and use of facilities for the diagnosis and surveillance of other respiratory diseases.

(i) prescribing providers of health services or classes of providers of health services for the purpose of subsection 8.1(10);

(j) requiring providers of health services who submit plans under subsection 8.1(10) to allow the plans to be inspected by members of the public at specified times and governing the inspections. R.S.O. 1990, c. M.26, s. 12; 1994, c. 26, s. 74 (2, 3); 1996, c. 1, Sched. F, s. 2; 1997, c. 15, s. 12 (2); 2002, c. 18, Sched. I, s. 15 (8, 9).

Annual report

13.  The Minister after the close of each year shall submit to the Lieutenant Governor in Council an annual report upon the affairs of the Ministry 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. M.26, s. 13.

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