Ambulance Amendment Act (Air Ambulances), 2012 Matthews, Hon. Deborah Minister of Health and Long-Term Care — Bill 50 (40th Parliament, 1st Session)

Bill 50, 40-1

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Bill 50, Ambulance Amendment Act (Air Ambulances), 2012

Matthews, Hon. Deborah Minister of Health and Long-Term Care

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[40] Bill 50 Original (PDF)

Bill 50 2012

Act to amend the Ambulance Act with respect to air ambulance services

Note:

This Act amends the Ambulance Act . For the

legislative history of the Act, see the Table of Consolidated Public Statutes –

Detailed Legislative History at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Subsection

1 (1) of the Ambulance Act is amended by adding the

following

definitions:

"board of directors", with regard to a designated air ambulance service

provider, means the board of directors or other governing body, however

described or constituted; ("conseil d'administration")

"designated air ambulance service provider" means a person,

(

a) that

is designated in the regulations, and

(

b) at

the time of designation holds a certificate under

section 8 that refers to the

provision of air ambulance services; ("fournisseur désigné de services d'ambulance

aériens")

(1) The

Act is amended by adding the following Part:

pART

IV.2

Designated AIR AMBULANCE SERVICE PROVIDERS

Appointment

to board of directors

7.1

(1) On

the recommendation of the Minister, and despite the Corporations

Act or any other Act or law, the Lieutenant Governor in Council may

appoint one or more provincial representatives to sit on the board of directors

of a designated air ambulance service provider.

Rights

and responsibilities

(2) Unless otherwise provided in his or her instrument of

appointment or in the regulations, a provincial representative appointed under

subsection (1) has the same rights and responsibilities as an elected member of

the board of directors.

Directives

by Minister

7.2

(1) The

Minister may issue directives to a designated air ambulance service provider

where the Minister considers it to be in the public interest to do so.

Directives

to be followed

(2) A designated air ambulance service provider shall

carry out every directive of the Minister.

Deemed

provisions

7.3 The

regulations may provide for one or more provisions that are deemed to be

included in an agreement between Ontario and a designated air ambulance service

provider, whether the agreement was entered into before or after the regulation

was made and, where the regulations so provide, the provision or provisions are

deemed to be part of the agreement for all purposes.

Special

investigators

7.4

(1) Where

the Lieutenant Governor in Council considers it in the public interest to do

so, the Lieutenant Governor in Council may appoint one or more persons as

special investigators to investigate and report on,

(

a) the

quality of the administration and management of a designated air ambulance

service provider;

(

b) the

quality of the care and treatment provided by a designated air ambulance

service provider;

(

c) the

services provided by a designated air ambulance service provider; or

(

d) any

other matter relating to a designated air ambulance service provider.

Powers

(2) A special investigator appointed under this section,

(

a) has

the powers of an investigator for the purposes of

section 18 and any other

provision of this Act and the regulations, and may exercise those powers in

connection with all aspects of the operation of a designated air ambulance

service provider; and

(

b) has

any additional powers and duties provided for in the regulations.

Obstruction

(3) No person shall obstruct a special investigator or

withhold or destroy, conceal or refuse to furnish any information or thing

required by the special investigator for the purposes of the investigation.

Report

(4) Upon completion of an investigation, a special

investigator shall make a report in writing to the Minister.

Delivery

of report

(5) The Minister shall cause a copy of the report of an

investigation to be delivered to the chair of the board of directors of the

designated air ambulance service provider.

Air

ambulance supervisor

7.5

(1) On

the recommendation of the Minister, the Lieutenant Governor in Council may

appoint a person to be the supervisor of a designated air ambulance service

provider where the Lieutenant Governor in Council considers it in the public

interest to do so.

Notice

of appointment

(2) The Minister shall give the board of directors of a

designated air ambulance service provider at least 14 days notice before

recommending to the Lieutenant Governor in Council that a supervisor be

appointed.

Immediate

appointment if no quorum

(3) Subsection (2) does not apply if there are not enough

members on the board of directors of a designated air ambulance service provider

to form a quorum.

Immediate

appointment in urgent circumstances

(4) Subsection (2) does not apply where the Minister is of

the opinion that it is not appropriate to provide notice under that subsection

in light of a serious risk to patient safety or other urgent concern related to

the designated air ambulance service provider.

Term

of office

(5) The appointment of a supervisor is valid until

terminated by order of the Lieutenant Governor in Council.

Powers

of supervisor

(6) Unless the appointment provides otherwise, a

supervisor has the exclusive right to exercise all of the powers of the board

of directors of the designated air ambulance service provider and, where the

designated air ambulance service provider is a corporation, of the corporation,

its officers and members of the corporation.

Same

(7) The Lieutenant Governor in Council may specify the

powers and duties of a supervisor appointed under this

section and may provide

Additional

powers of supervisor

(8) If, under the order of the Lieutenant Governor in

Council, the board of directors of a designated air ambulance service provider

continues to have the right to act with regard to any matters, any such act of

the board of directors is valid only if approved in writing by the supervisor.

Right

of access

(9) A supervisor has the same rights as the board of

directors and the officers of the designated air ambulance service provider in

respect of the documents, records and information of the board of directors and

the designated air ambulance service provider.

Report

to Minister

(10) A supervisor shall report to the Minister as required

by the Minister.

Minister's

directives

(11) The Minister may issue directives to a supervisor

with regard to any matter within the jurisdiction of the supervisor.

Directives

to be followed

(12) A supervisor shall carry out every directive of the

Minister.

Public

interest

7.6 In

making a decision in the public interest under this Part, the Lieutenant

Governor in Council or the Minister, as the case may be, may consider any

matter they regard as relevant, including, without limiting the generality of

the foregoing,

(

a) the

quality of the administration and management of the designated air ambulance

service provider;

(

b) the

proper management of the health care system in general;

(

c) the

availability of financial resources for the management of the health care

system and for the delivery of air ambulance services;

(

d) the

(

e) the

quality of the care and treatment provided by the designated air ambulance

service provider.

Whistle-blowing

protection

7.7

(1) No

person shall retaliate against another person, whether by action or omission,

or threaten to do so because,

(

a) anything

has been disclosed to an inspector, investigator or special investigator in

connection with a designated air ambulance service provider;

(

b) anything

has been disclosed to the Ministry in connection with a designated air

ambulance service provider including, without limiting the generality of the

foregoing,

(

i) if

the Ministry has been advised of a breach of a requirement under this Act in

connection with a designated air ambulance service provider,

(ii) if

the Ministry has been advised of any matter concerning patient care provided by

a designated air ambulance service provider that the person advising believes

ought to be reported to the Ministry, or

(iii) if

the Ministry has been advised of any other matter concerning the operation of a

designated air ambulance service provider that the person advising believes

ought to be reported to the Ministry; or

(

c) evidence

relating to a designated air ambulance service provider has been or may be

given in a proceeding, including a proceeding in respect of the enforcement of

this Act or the regulations, or in an inquest under the Coroners

Act .

Interpretation,

retaliate

(2) Without in any way restricting the meaning of the word

"retaliate", the following constitute retaliation for the purposes of

subsection (1):

1. Dismissing

a staff member.

2. Disciplining

or suspending a staff member.

3. Imposing

a penalty upon any person.

4. Intimidating,

coercing or harassing any person.

May

not discourage reporting

(3) None of the following persons shall do anything that

discourages, is aimed at discouraging or that has the effect of discouraging a

person from doing anything mentioned in clauses (1) (

a) to (c):

1. A

designated air ambulance service provider.

2. If

the designated air ambulance service provider is a corporation, an officer or

director of the corporation.

3. A

staff member of a designated air ambulance service provider.

May

not encourage failure to report

(4) No person mentioned in paragraphs 1 to 3 of subsection

(3) shall do anything to encourage a person to fail to do anything mentioned in

clauses (1) (

a) to (c).

Protection

from legal action

(5) No action or other proceeding shall be commenced

against any person for doing anything mentioned in clauses (1) (

a) to (

c) unless the person acted maliciously or in bad faith.

(2) Subsection 7.1 (1) of the Act, as enacted by

subsection (1), is amended by striking out " Corporations

Act " and substituting " Not-for-Profit Corporations

Act, 2010 ".

3. The

Act is amended by adding the following section:

Certain

continued bodies

(1) Where

a provider of air ambulance services that is a body corporate incorporated

under the laws of any jurisdiction other than Ontario is continued as a

corporation under the Corporations Act , the

following shall apply to the continued body corporate (the "continued

corporation") from the date of continuance:

1. The

property of the body corporate continues to be the property of the continued

corporation.

2. The

continued corporation continues to be liable for the obligations of the body

corporate.

3. An

existing cause of action, claim or liability to prosecution is unaffected.

4. Any

civil, criminal, administrative, investigative or other action or proceeding pending

by or against the body corporate may be continued by or against the continued

corporation.

5. Any

conviction against, or ruling, order or judgment in favour of or against the

body corporate may be enforced by or against the continued corporation.

Same

(2) Nothing in subsection (1) derogates from the

application of

section 314 of the Corporations Act

or from the application of any other provision of that Act.

4. Subsection

22 (1) of the Act is amended by adding the following clauses:

(b.1) designating

persons for the purposes of clause (

a) of the definition of "designated air

ambulance service provider" in subsection 1 (1);

(b.2) respecting

the powers and duties of special investigators in connection with designated

air ambulance service providers, including providing for additional powers and

duties;

(b.3) respecting

and governing provisions that are to be deemed to be included in an agreem

Document details

Collection	Ontario — Bills
Citation	Bill 50, 40-1
Type	bill
Volume / chapter	p40 s1 bill 50 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	3ddb9edba5bbdfdc82c066979e3dcb6a80c59926

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