Order in Council 1793/2017

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas:

1. The Ontario Health Quality Council (o/a Health Quality Ontario) (the “Council”) is a corporation without share capital continued under subsection 10(1) of the Excellent Care for All Act, 2010 (the “Act”);
2. The Council is for all purposes an agent of the Crown and its powers may be exercised only as an agent of the Crown.
3. The Council has the capacity, rights, powers and privileges of a natural person for carrying out its functions, except as limited by the Act or the regulations;
4. Section 12 of Ontario Regulation 445/10 made under the Act provides that the Council shall not sell any analysis of the information it has collected, or any of its services, without the approval of the Lieutenant Governor in Council.

Now therefore:

1. Pursuant to section 12 of Ontario Regulation 445/10 made under the Act, approval is hereby given to the Council to sell and collect revenue in connection with the following types of services and analyses:
   1. Health care quality improvement initiatives that are undertaken jointly with other publicly funded organizations;
   2. Quality improvement-related research and evaluation; and
   3. Conferences and education activities to support quality improvement.
2. The foregoing approval is subject to the following conditions:
   1. The Council’s revenue-generating activities shall be consistent with the Council’s functions under the Act;
   2. The Council’s revenue-generating activities shall not interfere with its commitments under the Memorandum of Understanding or the Accountability Agreement between the Council and the Minister of Health and Long-Term Care (the “Minister”);
   3. The Council’s revenue-generating activities shall be focused primarily on quality improvement within the Ontario health care system;
   4. Where the Council charges fees for its services and analyses, it shall do so on a cost-recovery basis only and in compliance with all applicable government directives, policies and guidelines including, without limitation, the Treasury Board Secretariat Costing and Pricing Policy and the Management Board of Cabinet’s Managing, Distributing and Pricing Government Information (Intellectual Property) Directive (the “IP Directive”);
   5. The Council shall ensure that any agreement or arrangement that it enters into in connection with its revenue-generating activities appropriately protects the Crown’s intellectual property rights, and shall obtain any approvals or licenses that may be required under the IP Directive and any other applicable directives or policies;
   6. The Council shall avoid engaging in any revenue-generating activities that may raise any real or perceived conflicts of interest; and
   7. The Council shall provide advance notice to the Minister of any new revenue-generating activities, and shall report to the Minister on its revenue-generating activities at least annually through the Council’s annual report and at such other times and through such other means as the Minister may direct.