University Health Network Act, 1997, S.O. 1997, c. 45

University Health Network Act, 1997

S.O. 1997, CHAPTER 45

Historical version for the period November 26, 2002 to December 14, 2009.

Last amendment: 2002, c. 18, Sched. I, s. 19.

Definitions

1. In this Act,

“amalgamating corporations” means The Toronto Hospital and The Ontario Cancer Institute (operating Princess Margaret Hospital) as they existed on the day before this Act comes into force; (“associations qui fusionnent”)

“corporation” means the corporation continued by subsection 2 (1). (“association”) 1997, c. 45, s. 1; 2002, c. 18, Sched. I, s. 19 (2).

University Health Network

2. (1) The corporation formerly known as The Toronto Hospital, as continued after the amalgamation of The Toronto Hospital and The Ontario Cancer Institute, is continued as a corporation without share capital under the name of University Health Network in English and Réseau universitaire de santé in French. 2002, c. 18, Sched. I, s. 19 (3).

Composition

(2) The members of the corporation shall consist of the members of its board of trustees. 1997, c. 45, s. 2 (2).

Assets and liabilities

3. (1) All rights, obligations, assets and liabilities of The Toronto Hospital and The Ontario Cancer Institute become the rights, obligations, assets and liabilities of the corporation and the corporation stands in the place of The Toronto Hospital and The Ontario Cancer Institute for all purposes. 1997, c. 45, s. 3 (1).

Gifts, etc., to former corporations

(2) All gifts, trusts, bequests, devises and grants of property or the income or proceeds from property given to, made to or held in trust for The Toronto Hospital or The Ontario Cancer Institute or any of their units shall, in the absence of any contrary intention set out in any deed, will or document, be deemed to be given to, made to or held in trust for the corporation. 1997, c. 45, s. 3 (2).

Gifts, etc., to foundations

(3) All gifts, trusts, bequests, devises and grants of property or the income or proceeds from property given to, made to or held in trust for The Toronto Hospital Foundation for the use of The Toronto Hospital or The Princess Margaret Hospital Foundation for the use of the Princess Margaret Hospital or The Ontario Cancer Institute or any of their units shall, in the absence of any contrary intention set out in any deed, will or document, be deemed to have been given to, made to or held in trust for the relevant foundation for the use of the corporation. 1997, c. 45, s. 3 (3).

Timing

(4) Subsections (2) and (3) apply whether the deed, will or document was made before or after the coming into force of this Act. 1997, c. 45, s. 3 (4).

Special use

(5) All gifts, trusts, bequests, devises and grants of property or the income or proceeds from property given to, made to or held in trust for The Ontario Cancer Institute or The Princess Margaret Hospital Foundation which are deemed to be given to, made to or held in trust for the corporation under subsections (2) and (3) shall be applied to the oncology program of the corporation. 1997, c. 45, s. 3 (5).

Objects

4. (1) The objects of the corporation are,

(a) to establish and provide programs of patient care and community health and to equip, maintain, operate and conduct hospital, teaching and research facilities;

(b) to maintain and operate, among other priority programs, facilities known as The Ontario Cancer Institute/Princess Margaret Hospital for cancer research, diagnosis and treatment;

(c) to conduct programs of education and research in fields of health in association with the University of Toronto or with other persons; and

(d) to accept donations, gifts, legacies and bequests for use in promoting the objects of and carrying on the work of the corporation. 1997, c. 45, s. 4 (1).

Consultation

(2) The corporation shall, before conducting programs under clause (1) (c) with persons other than the University of Toronto, consult with the University of Toronto in the manner set out in the by-laws of the corporation. 1997, c. 45, s. 4 (2).

Board

5. (1) The affairs of the corporation shall be managed by a board of trustees consisting of,

(a) such persons as are provided for in the by-laws of the corporation; and

(b) such other persons as are provided for under the Public Hospitals Act. 2002, c. 18, Sched. I, s. 19 (4).

Same

(2) Until a board is established as provided for in the by-laws of the corporation, the following shall serve as the board of trustees:

1. The persons who, immediately before the coming into force of section 19 of Schedule I to the Government Efficiency Act, 2002, were members of the Executive Committee of the board of trustees of the corporation established under the by-laws of the corporation.

2. The members of the board of trustees who hold office by virtue of the Public Hospitals Act. 2002, c. 18, Sched. I, s. 19 (4).

Electronic communications

6. (1) The corporation may by by-law provide for meetings of the board or of the members to be held by means of telephone, electronic or other communication facilities which permit persons participating in a meeting to communicate with each other simultaneously and instantaneously and a person participating in such meeting shall be deemed to be present at that meeting. 1997, c. 45, s. 6 (1).

Resolution

(2) A resolution in writing, signed by the persons entitled to vote on that resolution at a meeting of the members, the board or a committee of the board is as valid as if it had been passed at a meeting of the members, board or committee. 1997, c. 45, s. 6 (2).

Powers

7. Subject to any express term of a specific trust, the corporation may invest its funds in such securities as are authorized by by-law without being limited to those investments authorized for trustees under the Trustee Act. 1997, c. 45, s. 7.

Annual meeting

8. (1) The annual meeting of the corporation shall be held between April 1 and October 1 in each year on a day fixed by the board and may be combined with the annual meeting of the financial contributors as provided in the by-laws. 1997, c. 45, s. 8 (1).

Notice

(2) Notice of the annual or any other meeting of the corporation shall be given in the manner set out in the by-laws of the corporation. 1997, c. 45, s. 8 (2).

Proxy voting

9. The board may by by-law permit proxy voting by the financial contributors of the corporation in the manner set out in the by-laws. 1997, c. 45, s. 9.

Committees

10. The board may by by-law appoint committees and delegate to any committee any of the powers of the board as set out in the by-laws. 1997, c. 45, s. 10.

Chair

11. The board shall elect a chair from among the trustees who shall hold office for such period as may be set out in the by-laws. 1997, c. 45, s. 11.

Officers

12. The board shall appoint a president and may appoint other officers of the corporation who may be members of the board. 1997, c. 45, s. 12.

Voting rights

13. The board may by by-law establish voting rights and categories of persons eligible to vote at any meeting called to elect trustees, based on financial contributions or other criteria. 1997, c. 45, s. 13.

Transition

14. (1) The members of the board of The Toronto Hospital in office immediately before the coming into force of this Act are the first trustees of the corporation and shall remain in office until their successors are elected or appointed under this Act and the by-laws of the corporation. 1997, c. 45, s. 14 (1).

Staff continuation

(2) Subject to the Public Hospitals Act, each person who is a member of the medical staff of The Ontario Cancer Institute, including the Princess Margaret Hospital, or The Toronto Hospital continues as a member of the medical staff of the corporation for the term of his or her appointment. 1997, c. 45, s. 14 (2).

15, 16. Omitted (amends or repeals other Acts). 1997, c. 45, ss. 15, 16.

17. Omitted (provides for coming into force of provisions of this Act). 1997, c. 45, s. 17.

18. Omitted (enacts short title of this Act). 1997, c. 45, s. 18.

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