Ministry of Health Appeal and Review Boards Act, 1998, S.O. 1998, c. 18, Sched. H
Skip to contentMinistry of Health Appeal and Review Boards Act, 1998
S.O. 1998, CHAPTER 18
Schedule H
Historical version for the period November 26, 2002 to June 23, 2004.
Amended by: 2000, c. 26, Sched. H, s. 2; 2002, c. 18, Sched. I, s. 16.
CONTENTS
PART I | |
Health Professions Appeal and Review Board | |
Duties | |
Composition | |
Qualifications of members | |
PART II | |
Health Services Appeal and Review Board | |
Duties | |
Composition | |
Qualifications of members | |
PART III | |
Application of part | |
Annual report | |
Remuneration and expenses | |
Employees | |
Panels | |
Procedural matters, etc. | |
Resignation, expiry of membership | |
Death, revocation of membership, etc. | |
Members of panel who participate | |
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. 1998, c. 18, Sched. H, s. 3 (1); 2000, c. 26, Sched. H, s. 2 (1).
Term of appointment
(2) Members of the Board shall be appointed for terms not exceeding three years. 1998, c. 18, Sched. H, s. 3 (2).
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).
Replacement of members
(5) A person appointed to replace a member of the Board before the member’s term expires shall hold office for the remainder of the term. 1998, c. 18, Sched. H, s. 3 (5).
Reappointments
(6) Members of the Board are eligible for reappointment. 1998, c. 18, Sched. H, s. 3 (6).
Qualifications of members
4. A person may not be appointed as a member of the Board if the person,
(a) is employed in the public service of Ontario or 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.
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. The Charitable Institutions Act.
3. The Healing Arts Radiation Protection Act.
4. The Health Care Accessibility Act.
5. The Health Facilities Special Orders Act.
6. The Health Insurance Act.
7. The Health Protection and Promotion Act.
8. The Homes for the Aged and Rest Homes Act.
9. The Immunization of School Pupils Act.
10. The Independent Health Facilities Act.
11. The Laboratory and Specimen Collection Centre Licensing Act.
12. The Long-Term Care Act, 1994.
13. The Nursing Homes Act.
14. The Private Hospitals Act. 1998, c. 18, Sched. H, s. 6 (1).
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.
Composition
7. (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. 1998, c. 18, Sched. H, s. 7 (1); 2000, c. 26, Sched. H, s. 2 (2).
Term of appointment
(2) Members of the Board shall be appointed for terms not exceeding three years. 1998, c. 18, Sched. H, s. 7 (2).
Limitation on number of physicians
(3) No more than three legally qualified medical practitioners may be appointed to the Board. 1998, c. 18, Sched. H, s. 7 (3).
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).
Replacement of members
(6) A person appointed to replace a member of the Board before the member’s term expires shall hold office for the remainder of the term. 1998, c. 18, Sched. H, s. 7 (6).
Reappointments
(7) Members of the Board are eligible for reappointment. 1998, c. 18, Sched. H, s. 7 (7).
Qualifications of members
8. A person may not be appointed as a member of the Board if the person is employed in the public service of Ontario or by a Crown agency as defined in the Crown Agency Act. 1998, c. 18, Sched. H, s. 8.
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.
Annual report
10. A Board shall report annually to the Minister of Health on its activities. 1998, c. 18, Sched. H, s. 10.
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. A Board may employ, under the Public Service Act, persons it considers necessary to carry out its duties. 1998, c. 18, Sched. H, s. 12.
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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