Transparent and Accountable Health Care Act, 2025 — Bill 85 (44th Parliament, 1st Session)
Bill 85, 44-1
Ontario — Bills
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Bill 85, Transparent and Accountable Health Care Act, 2025
Gélinas, France
Current status:
First Reading Ordered for Second Reading
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Bill 85 Original (PDF)
EXPLANATORY
NOTE
The
Bill enacts the Transparent and Accountable Health Care
Act, 2025 .
Under
the Act, major health sector organizations (which are persons or entities that
receive at least $1 million in public funds from the Ministry of Health in a
year) are required to comply with the Broader Public
Sector Executive Compensation Act, 2014 and with the Public Sector Salary Disclosure Act, 1996 . These
organizations are also deemed to be governmental organizations for the purposes
of the Ombudsman Act . The Auditor General of
Ontario is authorized to audit any aspect of their operations.
The
same requirements apply with respect to publicly-funded suppliers. A
publicly-funded supplier is a person or entity that receives directly or
indirectly at least $1 million in public funds in a year from major health
sector organizations or from other publicly-funded suppliers.
Bill 85 2025
Act to promote transparency and accountability in the funding of health care
services in Ontario
CONTENTS
Purpose
Definitions
Major
health sector organizations
Publicly-funded
suppliers
Application
of Broader Public Sector Executive Compensation Act, 2014
Application
of Ombudsman Act
Application
of Public Sector Salary Disclosure Act, 1996
Authority
of the Auditor General
Regulations
Commencement
Short
title
His
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:
Purpose
1 The purpose of this Act is to promote transparency and
accountability in the funding of health care services in Ontario by ensuring
that certain persons and entities that receive public funds directly or
indirectly are covered by legislative requirements relating to accountability
and transparency.
Definitions
2 In this Act,
“fiscal
year” means the fiscal year of the Province of Ontario; (“exercice”)
“public
funds” means public funds as defined in the Broader Public
Sector Accountability Act, 2010 . (“fonds publics”)
Major
health sector organizations
(1) For the purposes of this Act, a person or
entity is a major health sector organization if that person or entity receives
at least $1 million in public funds from the Ministry of Health in a fiscal
year that begins on or after April 1, 2027.
Same
(2) For
example, the following may be major health sector organizations:
1. Boards
of health.
2. Designated
air ambulance service providers within the meaning of the Ambulance
Act .
3. Hospitals.
4. Integrated
community health services centres within the meaning of the Integrated Community Health Services Centres Act, 2023 .
5. Ontario
Health and any organizations that are part of Ontario Health.
6. Long-term
care homes.
7. Out-of-hospital
premises.
8. Group
purchasing organizations.
Public
funds
(3) For
the purposes of subsection (1), a person or entity receives public funds from
the Ministry of Health if the funds are received as a grant or transfer payment
or through another funding arrangement.
Interpretation
(4) For
greater certainty, subsection (1) includes a person or entity that carries on
business for profit.
Publicly-funded
suppliers
(1) For the purposes of this Act, a person or
entity is a publicly-funded supplier if the person or entity receives, in the
aggregate, at least $1 million in public funds directly or indirectly from one
or more major health sector organizations or other publicly-funded suppliers in
a fiscal year that begins on or after April 1, 2027.
Public
funds
(2) For
the purposes of subsection (1), a person or entity receives public funds if the
funds are received from a major health sector organization or publicly-funded
supplier, directly or indirectly,
(
a) through
a grant or transfer payment or other funding arrangement;
(
b) for
the provision of goods or services;
(
c) under
a fee for service arrangement; or
(
d) by
way of a loan or loan guarantee.
Interpretation
(3) For
greater certainty, subsection (1) includes a person or entity that carries on
business for profit.
Application
of Broader Public Sector Executive Compensation Act, 2014
(1) If a major health sector organization or a
publicly-funded supplier is not a designated employer under the Broader Public Sector Executive Compensation Act, 2014 , it is deemed to be a
designated employer for the purposes of the application of that Act.
Restriction
(2) Subsection
(1) applies in respect of the first fiscal year that begins on or after April
1, 2027 in which the major health sector organization or publicly-funded
supplier receives at least $1 million in public funds and in respect of every
fiscal year thereafter.
Application
of Ombudsman Act
(1) If a major health sector organization or a
publicly-funded supplier is not a governmental organization under the Ombudsman Act , it is deemed to be a governmental
organization for the purposes of the application of that Act.
Restriction
(2) Subsection
(1) applies in respect of the first fiscal year that begins on or after April
1, 2027 in which the major health sector organization or publicly-funded
supplier receives at least $1 million in public funds and in respect of every
fiscal year thereafter.
Application
of Public Sector Salary Disclosure Act, 1996
(1) If a major health sector organization or a
publicly-funded supplier is not an employer under the Public
Sector Salary Disclosure Act, 1996 , it is deemed to be an employer for
the purposes of the application of that Act.
Restriction
(2) Subsection
(1) only applies in respect of fiscal years in which the major health sector
organization or publicly-funded supplier receives at least $1 million in public
funds.
Authority
of the Auditor General
(1) The Auditor General may, at any time, audit
any aspect of the operations of a major health sector organization or a
publicly-funded supplier.
Restriction
(2) Subsection
(1) only applies in respect of fiscal years in which the major health sector
organization or publicly-funded supplier receives at least $1 million in public
funds.
Regulations
9 The Lieutenant Governor in Council may make any regulations
the Lieutenant Governor in Council considers necessary or advisable to carry
out the intent and purpose of this Act.
Commencement
10 This Act comes into force on the day it receives Royal
Assent.
Short
title
11 The
short title of this Act is the Transparent and Accountable Health
Care Act, 2025 .
Date Bill stage Event Outcome Committee
December 2, 2025
First Reading
Ordered for Second Reading
December 2, 2025
First Reading
Vote
Carried
First Reading
December 2, 2025
Carried
Ordered for Second Reading
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