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# result(s)

Ontario Mental Health Foundation Act

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

Historical version for the period December 15, 2009 to March 29, 2011.

Last amendment: 2009, c. 33, Sched. 18, s. 23.

PART I
THE ONTARIO MENTAL HEALTH FOUNDATION

Foundation continued

1. The corporation known in English as The Ontario Mental Health Foundation and in French as Fondation ontarienne de la santé mentale is continued. R.S.O. 1990, c. O.26, s. 1.

Members

2. (1) The Foundation shall consist of not fewer than seven members who shall be appointed by the Lieutenant Governor in Council and who shall hold office during pleasure. R.S.O. 1990, c. O.26, s. 2 (1).

Vacancies

(2) The Lieutenant Governor in Council may fill any vacancies that may occur from time to time in the membership of the Foundation. R.S.O. 1990, c. O.26, s. 2 (2).

Quorum

(3) Five of the members of the Foundation constitute a quorum for the transaction of business. R.S.O. 1990, c. O.26, s. 2 (3).

Chair and vice-chair

3. (1) The Lieutenant Governor in Council may appoint one of the members to be chair of the Foundation and another of the members to be vice-chair of the Foundation. R.S.O. 1990, c. O.26, s. 3 (1).

Presiding officer

(2) The chair shall preside at all meetings of the Foundation at which he or she is present and in his or her absence the vice-chair shall preside and in the absence of both the chair and the vice-chair the members present shall elect one of themselves to preside. R.S.O. 1990, c. O.26, s. 3 (2).

Advisory medical board

4. Subject to the approval of the Lieutenant Governor in Council, the Foundation may appoint an advisory medical board consisting of such persons representative of the medical faculties of University of Toronto, Queen’s University, The University of Western Ontario and Université d’Ottawa, and of psychiatrists and the medical profession generally as the Foundation considers appropriate. R.S.O. 1990, c. O.26, s. 4.

Object

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

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

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

(c) the establishment, maintenance and operation of hostels in connection with its treatment centres and community hospitals;

(d) the laboratory and clinical investigation of psychiatric disorders;

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

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

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

(h) the providing of facilities for under-graduate and post-graduate study;

(i) the training of technical personnel; and

(j) the providing and awarding of research fellowships. R.S.O. 1990, c. O.26, s. 5.

Agreements

6. The Foundation may make agreements with universities, medical associations, hospitals and persons for the purpose of carrying out the object of the Foundation. R.S.O. 1990, c. O.26, s. 6; 1997, c. 15, s. 14 (1).

Staff

7. The Foundation may employ a director and officers, clerks and servants and may engage the services of experts and other persons and may pay such director, officers, clerks, servants, experts and other persons such remuneration as it considers proper out of its funds. R.S.O. 1990, c. O.26, s. 7.

By-laws

8. The Foundation may make by-laws and rules for the administration of its affairs. 1997, c. 15, s. 14 (2).

Funds

9. The funds of the Foundation consist of money received by it from any source, including money appropriated for its use by the Parliament of Canada or the Legislature of Ontario, and the Foundation may disburse, expend or otherwise deal with any of its funds in such manner not contrary to law as it considers proper. R.S.O. 1990, c. O.26, s. 9.

Exemption from taxation

10. The real and personal property, business and income of the Foundation is not subject to taxation for municipal or provincial purposes. R.S.O. 1990, c. O.26, s. 10.

Expenses

11. The members of the Foundation and its medical advisory board shall be paid such amounts for travelling and other expenses as the Foundation may determine from time to time. R.S.O. 1990, c. O.26, s. 11; 1997, c. 15, s. 14 (3).

Audit

12. The accounts of the Foundation shall be audited annually by the Auditor General or by such qualified auditor as the Lieutenant Governor in Council may designate, in which event the costs of the audit shall be paid out of the funds of the Foundation. R.S.O. 1990, c. O.26, s. 12; 2004, c. 17, s. 32.

Annual report

13. (1) The Foundation shall after the close of each fiscal year make a report upon its affairs during the preceding year to the Minister of Health and Long-Term Care and every such report shall contain a financial statement, certified by the auditor, showing all money received and disbursed by the Foundation during the preceding year. R.S.O. 1990, c. O.26, s. 13 (1); 2006, c. 19, Sched. L, s. 11 (2).

Idem

(2) The Minister of Health and Long-Term Care shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. O.26, s. 13 (2); 2006, c. 19, Sched. L, s. 11 (2).

PART II
CLARKE INSTITUTE OF PSYCHIATRY

Clarke Institute of Psychiatry

14. The corporation known as the Clarke Institute of Psychiatry, and referred to in this Part as the Institute, is continued under the name Clarke Institute of Psychiatry in English and Institut psychiatrique Clarke in French. R.S.O. 1990, c. O.26, s. 14.

Members

15. (1) The Institute shall consist of not fewer than seven and not more than twelve persons to be appointed by the Lieutenant Governor in Council, of whom two shall be appointed upon the recommendation of the Minister of Health and Long-Term Care, at least two shall be members of the Foundation, and the remainder shall be appointed from among a list of persons nominated by the Foundation, and the persons who constitute the Institute also constitute the board of trustees of the Institute, in this Part referred to as the “Board”. R.S.O. 1990, c. O.26, s. 15 (1); 2006, c. 19, Sched. L, s. 11 (2).

Term of office

(2) A member of the Institute shall hold office for three years and is eligible for reappointment for a second term of three years, but a member other than the chair is not eligible for reappointment after having served a second term of three years until a period of twelve months has elapsed from the date of his or her retirement. R.S.O. 1990, c. O.26, s. 15 (2).

Vacancies

(3) The Lieutenant Governor in Council may fill any vacancies that occur from time to time in the membership of the Institute in accordance with the method of appointment prescribed by subsection (1). R.S.O. 1990, c. O.26, s. 15 (3).

Quorum

16. One-half of the total number of members of the Institute constitutes a quorum for the transaction of business at a meeting. R.S.O. 1990, c. O.26, s. 16.

Chair

17. The Lieutenant Governor in Council may appoint a member of the Foundation, or a member of the Institute appointed upon the nomination of the Foundation, as chair of the Institute, who shall on appointment also be the chair of the Board. R.S.O. 1990, c. O.26, s. 17.

Objects

18. The objects of the Institute are to maintain, manage and operate a hospital with facilities for psychiatric research, education, diagnosis and treatment. R.S.O. 1990, c. O.26, s. 18.

Agreements with universities

19. (1) Subject to the approval of the Foundation, the Institute may enter into agreements with any university for providing teaching or research facilities for that university in the hospital maintained and operated under this Act. R.S.O. 1990, c. O.26, s. 19 (1).

Other agreements

(2) The Institute may enter into agreements with the Foundation or any university, medical association, hospital or any person for the purpose of carrying out the objects of the Institute. R.S.O. 1990, c. O.26, s. 19 (2).

Director and staff

20. The Institute may employ a director and such staff as may from time to time be required for the purposes of the Institute and may pay such director and staff such remuneration as it considers proper out of its funds. R.S.O. 1990, c. O.26, s. 20.

By-laws, etc.

21. Subject to the approval of the Foundation, the Institute may make such by-laws, rules or regulations as are considered expedient for the administration of its affairs. R.S.O. 1990, c. O.26, s. 21.

Funds

22. (1) The funds of the Institute consist of money received by it from any source, including the Foundation, and the Institute may disburse, expend or otherwise deal with any of its funds in such manner, not contrary to law, as it considers proper. R.S.O. 1990, c. O.26, s. 22 (1).

Estimates

(2) The Institute shall annually prepare and submit to the Foundation the estimates of the money required for its purposes during its ensuing fiscal year. R.S.O. 1990, c. O.26, s. 22 (2).

Exemption from taxation

23. The real and personal property, business and income of the Institute are not subject to taxation for municipal or provincial purposes. R.S.O. 1990, c. O.26, s. 23.

Expenses

24. The members of the Institute may be paid such amounts for travelling and other expenses incurred in the work of the Institute as the Institute may determine from time to time. R.S.O. 1990, c. O.26, s. 24.

Audit

25. The accounts and financial transactions of the Institute shall be audited annually by the Auditor General or by such other auditor as the Lieutenant Governor in Council may appoint. R.S.O. 1990, c. O.26, s. 25; 2004, c. 17, s. 32.

Annual report

26. (1) The Institute shall, after the close of each fiscal year, make a report on its affairs during the preceding year to the Minister of Health and Long-Term Care and to the Foundation, and every such report shall contain a financial statement, certified by the auditor, showing all money received and disbursed by the Institute during the preceding year. R.S.O. 1990, c. O.26, s. 26 (1); 2006, c. 19, Sched. L, s. 11 (2).

Idem

(2) The Minister of Health and Long-Term Care shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. O.26, s. 26 (2); 2006, c. 19, Sched. L, s. 11 (2).

Admission to Institute

27. (1) The Institute may admit any person,

(a) upon his or her own oral or written application;

(b) in the case of any person under the age of sixteen years, upon the oral or written application of a parent or the person who stands in the role of parent to the person seeking admission. R.S.O. 1990, c. O.26, s. 27 (1).

(2) Repealed: 2009, c. 33, Sched. 18, s. 23 (1).

Accommodation available

(3) Despite subsection (1), a person may be admitted to the Institute only after the Institute has informed the applicant that accommodation is available for the person to be admitted. R.S.O. 1990, c. O.26, s. 27 (3); 2009, c. 33, Sched. 18, s. 23 (2).

Transfer to public hospital

28. A patient in the Institute may be transferred to a public hospital for treatment and may be returned to the Institute upon the conclusion of the treatment. R.S.O. 1990, c. O.26, s. 28.

Charges for services

29. The Board may prescribe and collect charges for its services to a person who is or has been a patient in the Institute. R.S.O. 1990, c. O.26, s. 29.

Restriction on actions

30. (1) Repealed: 2002, c. 24, Sched. B, s. 25.

Torts of patients

(2) No action lies against the Institute or an officer, employee or servant thereof for a tort of a patient. R.S.O. 1990, c. O.26, s. 30 (2).

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