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Ministry of Health and Long-Term Care Act

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

Historical version for the period December 10, 2015 to December 7, 2016.

Last amendment:  2015, c. 37, s. 2.

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”)

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

“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); 2006, c. 35, Sched. C, s. 75 (1).

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

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

1. The Deputy Minister.

2. An associate deputy minister or assistant deputy minister of the Ministry.

3. A public servant employed under Part III of the Public Service of Ontario Act, 2006.

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, or any employee of such an agency or other entity.

5. A person or member of a class of person prescribed in the regulations.  2006, c. 35, Sched. C, s. 75 (2).

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 Part III of the Public Service of Ontario Act, 2006 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; 2006, c. 35, Sched. C, s. 75 (3).

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, long-term care 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, long-term care 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, long-term care 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.

11. To undertake research and analysis on pregnancy loss and infant death that assists those, including mothers and families, who experience such loss and that informs the establishment or expansion of programs related to such loss. R.S.O. 1990, c. M.26, s. 6 (1); 1993, c. 2, s. 25; 2007, c. 8, s. 217; 2015, c. 37, s. 2.

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.

Agreements re certain indemnifications

8. (1) The Minister may, on behalf of the Government of Ontario, enter into agreements to indemnify CBSCI, or any other person or entity approved by the Lieutenant Governor in Council, for Ontario’s pro rata share of amounts payable by CBSCI, the person or entity under the terms of one or more insurance policies issued by it in favour of the Canadian Blood Services and other persons or entities named in the insurance policy.  2006, c. 33, Sched. T, s. 1.

Limit on indemnification

(2) An indemnification provided pursuant to an agreement under subsection (1) shall not exceed Ontario’s pro rata share of the greater of the following:

1. $750,000,000.

2. An amount prescribed in the regulations made under subsection (3).  2006, c. 33, Sched. T, s. 1.

Regulations

(3) The Lieutenant Governor in Council may make regulations prescribing an amount for the purposes of paragraph 2 of subsection (2).  2006, c. 33, Sched. T, s. 1.

Order in Council

(4) Order in Council number 1061/2006, made on May 17, 2006 by the Lieutenant Governor in Council under the Financial Administration Act, is revoked, and any agreement concerning indemnification entered into on behalf of Ontario under the authority of that order shall be deemed to be an agreement entered into by the Minister under subsection (1), with effect from the date of the agreement.  2006, c. 33, Sched. T, s. 1.

Definitions

(5) In this section,

“CBSCI” means Canadian Blood Services Captive Insurance Company Limited – Compagnie d’assurance captive de la Société canadienne du sang limitée, a corporation incorporated under the laws of British Columbia; (“CACSCS”)

“Ontario’s pro rata share” means the liability of Ontario as provided for in an agreement under subsection (1) and as expressed as a percentage of the total liability assumed under that agreement. (“part proportionnelle de l’Ontario”)  2006, c. 33, Sched. T, s. 1.

8.1 Repealed:  2006, c. 4, s. 48 (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,

(0.a) prescribing persons or classes of person for the purposes of paragraph 5 of subsection 3 (3);

(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)-(d.3) Repealed:  2006, c. 4, s. 48 (2).

(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)-(j) Repealed:  2006, c. 4, s. 48 (2).

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); 2006, c. 4, s. 48 (2); 2006, c. 35, Sched. C, s. 75 (4).

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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