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Ministry of Health Appeal and Review Boards Act, 1998

S.O. 1998, CHAPTER 18
Schedule H

Historical version for the period December 20, 2006 to April 30, 2007.

Amended by: 2000, c. 26, Sched. H, s. 2; 2002, c. 18, Sched. I, s. 16; 2004, c. 13, s. 2; 2006, c. 19, Sched. L, ss. 8, 11 (2); 2006, c. 21, Sched. C, s. 117; 2006, c. 34, s. 36; 2006, c. 35, Sched. C, s. 76.

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

7.1

Transitional Physician Audit Panel

8.

Qualifications of members

8.

Ineligibility

PART III
PROVISIONS RELATING TO BOTH BOARDS

9.

Application of part

10.

Annual report

11.

Remuneration and expenses

12.

Employees

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(2) Repealed: 2006, c. 34, s. 36 (1).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

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;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2006, chapter 35, Schedule C, subsection 76 (1) and the following substituted:

(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;

See: 2006, c. 35, Sched. C, ss. 76 (1), 137 (1).

(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 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 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); 2006, c. 19, Sched. L, s. 8.

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 and Long-Term Care. 1998, c. 18, Sched. H, s. 7 (1); 2000, c. 26, Sched. H, s. 2 (2); 2006, c. 19, Sched. L, s. 11 (2).

(2) Repealed: 2006, c. 34, s. 36 (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).

(6), (7) Repealed: 2006, c. 34, s. 36 (2).

Transitional Physician Audit Panel

7.1 (1) There is established a panel of the Board, to be known as the Transitional Physician Audit Panel in English and comité provisoire de vérification des honoraires de médecins in French, to deal with reviews under section 18.0.1 of the Health Insurance Act, consisting of,

(a) the members of the Board appointed under subsections (2) and (4); and

(b) the members of the Board who meet the qualifications set out in subsection (2) or (4). 2004, c. 13, s. 2.

Appointment, medical practitioners

(2) Despite subsection 7 (3), the Lieutenant Governor in Council, on the recommendation of the Minister of Health and Long-Term Care and in consultation with the Ontario Medical Association and the College of Physicians and Surgeons of Ontario, shall appoint no fewer than six legally qualified medical practitioners to the Board to serve as members of the Transitional Physician Audit Panel. 2004, c. 13, s. 2.

Restriction

(3) A legally qualified medical practitioner who was subject to a review by the Medical Review Committee or who was required to reimburse the Plan under the Health Insurance Act may not be appointed under subsection (2) until at least 10 years have passed since he or she was subject to a review by the Medical Review Committee or was required to reimburse the Plan. 2004, c. 13, s. 2.

Appointment, lawyers

(4) The Lieutenant Governor in Council, on the recommendation of the Minister of Health and Long-Term Care shall appoint to the Board no fewer than three members of the Law Society of Upper Canada, other than life members, honorary members or student members of the Society, to serve as members of the Transitional Physician Audit Panel. 2004, c. 13, s. 2.

Note: Effective May 1, 2007, subsection (4) is repealed by the Statutes of Ontario, 2006, chapter 21, Schedule C, subsection 117 (1) and the following substituted:

Appointment, lawyers

(4) On the recommendation of the Minister of Health and Long-Term Care, the Lieutenant Governor in Council shall appoint to the Board, to serve as members of the Transitional Physician Audit Panel, no fewer than three persons who are licensed under the Law Society Act to practise law in Ontario as barristers and solicitors. 2006, c. 21, Sched. C, s. 117 (1).

See: 2006, c. 21, Sched. C, ss. 117 (1), 138 (2).

Restriction

(5) Members appointed under subsections (2) and (4) shall not otherwise sit as members of the Board. 2004, c. 13, s. 2.

Rules re panel

(6) For the purposes of dealing with a review under section 18.0.1 of the Health Insurance Act, the following rules apply:

1. The review shall be dealt with by three members of the Transitional Physician Audit Panel designated by the chair of the Board.

2. Two of the three members shall be legally qualified medical practitioners, and one shall be a member of the Law Society of Upper Canada.

Note: Effective May 1, 2007, paragraph 2 is repealed by the Statutes of Ontario, 2006, chapter 21, Schedule C, subsection 117 (2) and the following substituted:

2. Two of the three members shall be legally qualified medical practitioners, and one shall be a person licensed under the Law Society Act to practise law in Ontario as a barrister and solicitor.

See: 2006, c. 21, Sched. C, ss. 117 (2), 138 (2).

3. The chair of the Board shall designate a member to serve as chair for the purposes of the review.

4. The panel may not award costs.

5. Reviews by the panel are closed to the public.

6. Personal health information that is contained in any document or evidence filed or adduced with regard to the review, or in any order or decision of the panel, shall not be made accessible to the public, and the panel may edit any documents it releases to the public to remove any personal health information.

7. The parties to a review must exchange witness statements, summaries of evidence and copies of any documents proposed to be adduced in evidence at least 15 days before the day on which the review is scheduled to commence.

8. No evidence is admissible at a review that was not substantially disclosed in accordance with paragraph 7 and no document is admissible in a review that was not disclosed in accordance with paragraph 7.

9. The panel may not review, reconsider or amend a direction, decision or order except to correct a typographical error or error of calculation.

10. A review shall be conducted orally unless the General Manager appointed under the Health Insurance Act and the physician consent to the review being conducted electronically or in writing.

11. Subject to paragraphs 1 to 10, Part III applies. 2004, c. 13, s. 2.

Repeal

(7) This section is repealed on a day to be named by proclamation of the Lieutenant Governor. 2004, c. 13, s. 2.

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.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 is repealed by the Statutes of Ontario, 2006, chapter 35, Schedule C, subsection 76 (2) and the following substituted:

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).

See: 2006, c. 35, Sched. C, ss. 76 (2), 137 (1).

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 and Long-Term Care on its activities. 1998, c. 18, Sched. H, s. 10; 2006, c. 19, Sched. L, s. 11 (2).

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.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 12 is repealed by the Statutes of Ontario, 2006, chapter 35, Schedule C, subsection 76 (3) and the following substituted:

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).

See: 2006, c. 35, Sched. C, ss. 76 (3), 137 (1).

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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