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Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998

S.O. 1998, CHAPTER 18
Schedule H

Consolidation Period:  From July 8, 2020 to the e-Laws currency date.

Last amendment: 2020, c. 13, Sched. 3, s. 7.

Legislative History: 2000, c. 26, Sched. H, s. 2; 2002, c. 18, Sched. I, s. 16; 2004, c. 13, s. 2; 2006, c. 19, Sched. L, s. 8, 11 (2); 2006, c. 21, Sched. C, s. 117; 2006, c. 34, s. 36; 2006, c. 35, Sched. C, s. 76; 2007, c. 8, s. 216; 2009, c. 33, Sched. 18, s. 17 (1); 2017, c. 25, Sched. 9, s. 102; 2017, c. 34, Sched. 46, s. 27; 2019, c. 15, Sched. 15, s. 37; 2020, c. 13, Sched. 3, s. 7.

CONTENTS

PART I
HEALTH PROFESSIONS APPEAL AND REVIEW BOARD

1.

Health Professions Appeal and Review Board

2.

Duties

3.

Composition

4.

Qualifications of members

PART II
HEALTH SERVICES APPEAL AND REVIEW BOARD

5.

Health Services Appeal and Review Board

6.

Duties

7.

Composition

8.

Ineligibility

PART III
PROVISIONS RELATING TO BOTH BOARDS

9.

Application of part

11.

Remuneration and expenses

12.

Employees

13.

Panels

14.

Procedural matters, etc.

15.

Resignation, expiry of membership

16.

Death, revocation of membership, etc.

17.

Members of panel who participate

18.

Immunity

 

PART I
HEALTH PROFESSIONS APPEAL AND REVIEW BOARD

Health Professions Appeal and Review Board

1 The following boards are amalgamated to form the Health Professions Appeal and Review Board, to be known in French as the Commission d’appel et de révision des professions de la santé:

1. The Health Professions Board.

2. The Hospital Appeal Board.  1998, c. 18, Sched. H, s. 1.

Duties

2 The Board’s duties are to conduct the hearings and reviews and to perform the duties that are assigned to it under the Regulated Health Professions Act, 1991, a health profession act as defined in that Act, the Drug and Pharmacies Regulation Act, the Public Hospitals Act or under any other Act.  1998, c. 18, Sched. H, s. 2.

Composition

3 (1) The Board shall be composed of at least 12 members who shall be appointed by the Lieutenant Governor in Council on the recommendation of the Minister of Health and Long-Term Care.  1998, c. 18, Sched. H, s. 3 (1); 2000, c. 26, Sched. H, s. 2 (1); 2006, c. 19, Sched. L, s. 11 (2).

(2) Repealed:  2006, c. 34, s. 36 (1).

Chair and vice-chairs

(3) The Lieutenant Governor in Council shall designate one member of the Board to be the chair and two members to be vice-chairs.  1998, c. 18, Sched. H, s. 3 (3).

Additional vice-chairs

(4) The chair may from time to time designate additional members to be vice-chairs.  1998, c. 18, Sched. H, s. 3 (4).

(5), (6) Repealed:  2006, c. 34, s. 36 (1).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. H, s. 2 (1) - 6/12/2000

2006, c. 19, Sched. L, s. 11 (2) - 22/06/2006; 2006, c. 34, s. 36 (1) - 20/12/2006

Qualifications of members

4 A person may not be appointed as a member of the Board if the person,

(a) is employed under Part III of the Public Service of Ontario Act, 2006;

(a.1) is employed by a Crown agency as defined in the Crown Agency Act;

(b) is or has been a member of a College as defined in the Regulated Health Professions Act, 1991 or of a Council of such a College; or

(c) is or has been a member of the College of Veterinarians of Ontario or of the Council of the College.  1998, c. 18, Sched. H, s. 4; 2006, c. 35, Sched. C, s. 76 (1).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 76 (1) - 20/08/2007

PART II
HEALTH SERVICES APPEAL AND REVIEW BOARD

Health Services Appeal and Review Board

5 The following boards are amalgamated to form the Health Services Appeal and Review Board, to be known in French as the Commission d’appel et de révision des services de santé:

1. The Health Services Appeal Board.

2. The Health Facilities Appeal Board.

3. The Health Protection Appeal Board.

4. The Nursing Homes Review Board.

5. The Laboratory Review Board.  1998, c. 18, Sched. H, s. 5.

Duties

6 (1) The Board’s duties are to conduct the hearings and reviews and to perform the duties that are assigned to it under the following Acts:

1. The Ambulance Act.

2. Repealed:  2007, c. 8, s. 216.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (1) of the Act is amended by adding the following paragraph: (See: 2020, c. 13, Sched. 3, s. 7 (2))

2. The Connecting Care Act, 2019.

3. The Healing Arts Radiation Protection Act.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 6 (1) of the Act is repealed. (See: 2017, c. 25, Sched. 9, s. 102 (1))

4. The Commitment to the Future of Medicare Act, 2004.

5. The Health Facilities Special Orders Act.

6. The Health Insurance Act.

7. The Health Protection and Promotion Act.

8. The Home Care and Community Services Act, 1994.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 8 of subsection 6 (1) of the Act is repealed. (See: 2020, c. 13, Sched. 3, s. 7 (1))

9. The Immunization of School Pupils Act.

10. The Independent Health Facilities Act.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 10 of subsection 6 (1) of the Act is repealed. (See: 2017, c. 25, Sched. 9, s. 102 (2))

11. The Laboratory and Specimen Collection Centre Licensing Act.

12. The Long-Term Care Homes Act, 2007.

13. Repealed:  2007, c. 8, s. 216.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (1) of the Act is amended by adding the following paragraph: (See: 2017, c. 25, Sched. 9, s. 102 (3))

13. The Oversight of Health Facilities and Devices Act, 2017.

14. The Private Hospitals Act.  1998, c. 18, Sched. H, s. 6 (1); 2006, c. 19, Sched. L, s. 8; 2007, c. 8, s. 216.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 14 of subsection 6 (1) of the Act is repealed. (See: 2017, c. 25, Sched. 9, s. 102 (4))

Same

(2) The Board shall perform its duties under the Acts set out in subsection (1) in accordance with those Acts and the regulations made under them.  1998, c. 18, Sched. H, s. 6 (2).

Limit on jurisdiction

(3) Despite subsection (2), the Board shall not inquire into or make a decision concerning the constitutional validity of a provision of an Act or a regulation.  2002, c. 18, Sched. I, s. 16.

Same

(4) Subsection (3) shall be deemed always to have applied to the Board, but its enactment by section 16 of Schedule I to the Government Efficiency Act, 2002 does not affect any proceeding that was finally determined before the date on which that section came into force.  2002, c. 18, Sched. I, s. 16.

Section Amendments with date in force (d/m/y)

2002, c. 18, Sched. I, s. 16 - 26/11/2002

2006, c. 19, Sched. L, s. 8 - 22/06/2006

2007, c. 8, s. 216 - 1/07/2010

2017, c. 25, Sched. 9, s. 102 (1-4) - not in force

2020, c. 13, Sched. 3, s. 7 (1, 2) - not in force

Composition

7 (1) The Board shall be composed of at least 20 members who shall be appointed by the Lieutenant Governor in Council on the recommendation of the Minister of Health. 2019, c. 15, Sched. 15, s. 37 (1).

Lawyer members

(2) At least three members of the Board must be members of the Law Society of Ontario who are licensed to practice law in Ontario as barristers and solicitors. 2019, c. 15, Sched. 15, s. 37 (1).

Physician members

(3) At least three members of the Board must be legally qualified medical practitioners, but the majority of the members of the Board must not be legally qualified medical practitioners. 2019, c. 15, Sched. 15, s. 37 (1).

Chair and vice-chairs

(4) The Lieutenant Governor in Council shall designate one member of the Board to be the chair and two members to be vice-chairs.  1998, c. 18, Sched. H, s. 7 (4).

Additional vice-chairs

(5) The chair may from time to time designate additional members to be vice-chairs.  1998, c. 18, Sched. H, s. 7 (5).

(6), (7) Repealed:  2006, c. 34, s. 36 (2).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. H, s. 2 (2) - 6/12/2000

2006, c. 19, Sched. L, s. 11 (2) - 22/06/2006; 2006, c. 34, s. 36 (2) - 20/12/2006

2019, c. 15, Sched. 15, s. 37 (1) - 10/12/2019

7.1 Repealed: 2019, c. 15, Sched. 15, s. 37 (2).

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. H, s. 7.1 (7) - see 2004, c. 13, s. 2 - not in force

2004, c. 13, s. 2 - 1/09/2004

2006, c. 21, Sched. C, s. 117 (1, 2) - 1/05/2007

2019, c. 15, Sched. 15, s. 37 (2) - 10/12/2019

Ineligibility

8 A person may not be appointed as a member of the Board if the person,

(a) is employed under Part III of the Public Service of Ontario Act, 2006; or

(b) is employed by a Crown agency as defined in the Crown Agency Act.  2006, c. 35, Sched. C, s. 76 (2).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 76 (2) - 20/08/2007

PART III
PROVISIONS RELATING TO BOTH BOARDS

Application of part

9 This Part applies with respect to the Health Professions Appeal and Review Board and the Health Services Appeal and Review Board.  1998, c. 18, Sched. H, s. 9.

10 Repealed: 2017, c. 34, Sched. 46, s. 27.

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. L, s. 11 (2) - 22/06/2006

2017, c. 34, Sched. 46, s. 27 - 01/01/2018

Remuneration and expenses

11 The members of a Board shall be paid the remuneration and expenses the Lieutenant Governor in Council determines.  1998, c. 18, Sched. H, s. 11.

Employees

12 Such employees as are considered necessary for the proper conduct of the affairs of the Board may be appointed under Part III of the Public Service of Ontario Act, 2006.  2006, c. 35, Sched. C, s. 76 (3).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 76 (3) - 20/08/2007

Panels

13 (1) A proceeding before a Board shall be considered and determined by a panel of one or more members of the Board.  1998, c. 18, Sched. H, s. 13 (1).

Selection of panel

(2) The selection of the members of the Board who sit on a panel shall be at the discretion of the chair.  1998, c. 18, Sched. H, s. 13 (2).

Number of members

(3) A panel shall have an uneven number of members.  1998, c. 18, Sched. H, s. 13 (3).

Chair or vice-chair on panel

(4) One of the members of a panel shall be the chair or a vice-chair of the Board.  1998, c. 18, Sched. H, s. 13 (4).

Procedural matters, etc.

14 (1) In a proceeding before a panel of three or more members of a Board, a procedural or interlocutory matter may, if the chair so decides, be heard and determined by one of the members of the panel and the member shall be selected by the chair.  1998, c. 18, Sched. H, s. 14 (1).

Same

(2) Subsection 13 (4) does not apply with respect to procedural or interlocutory matters.  1998, c. 18, Sched. H, s. 14 (2).

Resignation, expiry of membership

15 If a member of a panel of a Board which has begun proceedings with respect to a particular matter resigns from the Board or if the member’s appointment to the Board expires, the member is deemed to continue to be a member of the Board for the purposes of dealing with that matter.  1998, c. 18, Sched. H, s. 15.

Death, revocation of membership, etc.

16 If a member of a panel of a Board which has begun proceedings with respect to a particular matter dies, has their appointment to the Board revoked or becomes unable or unwilling to continue as a member before the matter is concluded, the remaining members of the panel may deal with the matter.  1998, c. 18, Sched. H, s. 16.

Members of panel who participate

17 Only the members of a panel who were present throughout a proceeding shall participate in the panel’s decision.  1998, c. 18, Sched. H, s. 17.

Immunity

18 No proceeding for damages shall be commenced against a Board, a member, employee or agent of a Board or anyone acting under the authority of the chair of a Board for any act done in good faith in the performance or intended performance of the person’s duty or for any alleged neglect or default in the performance in good faith of the person’s duty.  1998, c. 18, Sched. H, s. 18.

19 Omitted (provides for coming into force of provisions of this Act).  1998, c. 18, Sched. H, s. 19.

20 Omitted (enacts short title of this Act).  1998, c. 18, Sched. H, s. 20.

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