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Bill 106, Pandemic and Emergency Preparedness Act, 2022

Sarkaria, Hon. Prabmeet Singh President of the Treasury Board

Royal Assent received. Statutes of Ontario 2022,

chapter 11

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Bill 106 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 106 and does not form part of the law.

Bill 106 has been enacted as

Chapter 11 of the Statutes of Ontario, 2022.

SCHEDULE 1

EMERGENCY MANAGEMENT AND CIVIL PROTECTION ACT

The

Schedule amends the Emergency Management and Civil

Protection Act .

Section

5.1 is amended to require emergency management programs to regularly assess

hazards and risks to public safety. Emergency management programs must also

identify the necessary goods, services and resources that would be required to

respond to the identified hazards and risks. This information must be provided

to the Chief, Emergency Management Ontario annually and at any other requested

time.

New

section 6.0.1 requires the Solicitor General to formulate a provincial

emergency management plan that describes how Ontario will co-ordinate the

response to any emergency that requires co-ordination at the provincial level.

Section

6.1 is amended to consolidate the Lieutenant Governor’s authority to appoint

both the Commissioner of Emergency Management and the Chief, Emergency

Management Ontario into a single section. The Commissioner operates under the

direction of the Solicitor General, and the Chief operates under the direction

of the Commissioner.

New

section 6.1.1 requires the Solicitor General to develop a written framework for

accountability and governance during emergencies and make it available to the

public. The Solicitor General, Commissioner of Emergency Management and Chief,

Emergency Management Ontario and other prescribed ministers are required to

operate in compliance with it.

SCHEDULE 2

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

The

Schedule amends clause 4 (2) (

b) of the Ministry of

Agriculture, Food and Rural Affairs Act to specify that the Minister of

the Ministry may establish policies and provide recommendations, advice,

coordination and assistance to the Government respecting a safe and stable food

supply. In addition, under a new

section 4.2, the Minister is required to

report on the safety and stability of Ontario’s food supply.

SCHEDULE 3

ONTARIO FOOD TERMINAL ACT

The

Ontario Food Terminal Act is amended to require the

Ontario Food Terminal Board to develop and maintain a contingency plan with

respect to the carrying out of its operations and undertakings during emergency

situations that may put the continuity of those operations and undertakings at

risk.

SCHEDULE 4

PERSONAL HEALTH INFORMATION PROTECTION ACT, 2004

The

Schedule amends the Personal Health Information Protection

Act, 2004 . It adds a regulation-making power to authorize the Agency to

specify electronic formats to which the right of access to personal health

information applies. It also adds a new regulation-making power governing

various aspects of the collection, use and disclosure of personal health

information by Ontario Health Teams and persons or entities that are authorized

to use the title of “Ontario Health Team”.

SCHEDULE 5

PERSONAL PROTECTIVE EQUIPMENT SUPPLY AND PRODUCTION ACT, 2022

The

Schedule enacts the Personal Protective Equipment Supply

and Production Act, 2022 . The following are some of the highlights of

the Act:

The

Act requires the Minister to maintain a supply of personal protective equipment

and critical supplies and equipment.

The

Act authorizes the Minister to provide or support supply chain management in

respect of personal protective equipment and critical supplies and equipment on

behalf of government entities and public sector entities. The Minister may also

provide such supply chain management for other entities and individuals, if

certain conditions are met.

The

Act prohibits a person from selling or offering to sell any personal protective

equipment or critical supplies and equipment that the person obtained as a

result of supply chain management provided by the Minister and without charge

or payment of a fee. A person who contravenes the prohibition is liable to a

fine.

Consequential

amendments are made to the Supply Chain Management Act

(Government, Broader Public Sector and Health Sector Entities), 2019 ,

including providing that that Act does not include activities related to the

procurement of personal protective equipment and critical supplies and

equipment.

SCHEDULE 6

REGULATED HEALTH PROFESSIONS ACT, 1991

The

Schedule amends the Regulated Health Professions Act, 1991

to add new requirements to the Health Professions Procedural Code and to add related

regulation-making powers.

The

amendments to the Health Professions Procedural Code require Colleges to comply

requirements. They also prohibit Colleges from requiring Canadian experience as

a qualification for registration, subject to any exemptions provided for in the

regulations. They also require the Councils of the Colleges to make regulations

establishing an emergency class of registration that meets the requirements set

out in the regulations. These requirements come into force on a day to be named

by proclamation of the Lieutenant Governor.

New

regulation-making powers are added to the Act in relation to these new

requirements. An additional regulation-making power is added that would allow

for the establishment of time limits in which Colleges must make certain

decisions related to registration. These regulation-making powers come into

force on Royal Assent.

SCHEDULE 7

SUPPORTING RETENTION IN PUBLIC SERVICES ACT, 2022

The

Schedule enacts the Supporting Retention in Public

Services Act, 2022 .

The

Act authorizes the provision of funding for employers to enhance the

compensation paid to employees of the employer for the purpose of supporting

the provision of public services. Eligibility for funding is determined in

accordance with compensation enhancement programs set out in the regulations.

The

Act describes the treatment of compensation received under a compensation

enhancement program for the purposes of the Pay Equity Act

and the Protecting a Sustainable Public Sector for Future

Generations Act, 2019 . Other rules are set out with respect to labour and

employment matters.

Bill 106 2022

Act to enact two Acts and amend various other Acts

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Emergency

Management and Civil Protection Act

Schedule 2

Ministry

of Agriculture, Food and Rural Affairs Act

Schedule 3

Ontario

Food Terminal Act

Schedule 4

Personal

Health Information Protection Act, 2004

Schedule 5

Personal

Protective Equipment Supply and Production Act, 2022

Schedule 6

Regulated

Health Professions Act, 1991

Schedule 7

Supporting

Retention in Public Services Act, 2022

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Except as otherwise provided

in this section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any of its provisions are to come into

force on a day to be named by proclamation of the Lieutenant Governor, a

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Pandemic and Emergency Preparedness Act, 2022 .

SCHEDULE 1

EMERGENCY MANAGEMENT AND CIVIL PROTECTION ACT

(1) The definition of “emergency plan” in

section 1 of the Emergency Management and Civil Protection Act is amended

by striking out “6, 8” and substituting “6, 6.0.1, 8”.

(2) Section

1 of the Act is amended by adding the following

definitions:

“necessary

goods, services and resources” includes food, water, electricity, fossil fuels,

clothing, equipment, transportation and medical services and supplies;

(“denrées, services et ressources nécessaires”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

means regulations made under this Act. (“règlements”)

Subsection 5.1 (2) of the Act is repealed and the following substituted:

Hazard

and risk assessment and infrastructure identification

(2) In

developing an emergency management program, every minister of the Crown and

every designated agency, board, commission and other branch of government shall

identify and regularly monitor and assess the various hazards and risks to

public safety that could give rise to emergencies and identify the facilities

and other elements of the infrastructure for which the minister or agency,

board, commission or branch is responsible that are at risk of being affected

by emergencies.

Same,

identification of necessary goods, services and resources

(2.1) The

emergency management program must include an identification of the necessary

goods, services and resources that would be required to respond to the hazards

and risks identified under subsection (2) and the availability and readiness of

those necessary goods, services and resources.

Same,

provision upon request

(2.2) Every

minister of the Crown and every designated agency, board, commission and other

branch of government shall provide information on the hazards and risks

identified under subsection (2) and the related information described in

subsection (2.1) to the Chief, Emergency Management Ontario annually and at any

other time requested by the Chief.

Section 6 of the Act is amended by adding the following subsection:

Plan

shall reflect provincial emergency management plan

(1.1) The

emergency plan must reflect any relevant contents from the provincial emergency

management plan formulated under

section 6.0.1.

The Act is amended by adding the following section:

Provincial

emergency management plan

6.0.1

(1) The

Solicitor General shall formulate a provincial emergency management plan that

describes how Ontario will co-ordinate the response to any emergency that

requires co-ordination at the provincial level.

Training

and exercises

(2) The

Solicitor General shall conduct training programs and exercises to ensure the

readiness of public servants and other persons to act under the provincial

emergency management plan.

Annual

report

(3) The

Solicitor General shall prepare an annual report detailing the progress that

has been made on achieving the objectives of the provincial emergency management

plan.

Review

and revision of plan

(4) The

Solicitor General shall review the provincial emergency management plan and

revise it at least every five years.

Publication

(5) The

Solicitor General shall make the provincial emergency management plan and the

annual report described in subsection (3) available to the public on a website

of the Government of Ontario or in such other manner as may be prescribed.

Section 6.1 of the Act is revoked and the following substituted:

Commissioner

and Chief

6.1

(1) The

Lieutenant Governor shall appoint a Commissioner of Emergency Management and a

Chief, Emergency Management Ontario.

Commissioner

operates under direction of Solicitor General

(2) The

Commissioner of Emergency Management operates under the direction of the

Solicitor General.

Chief

operates under direction of Commissioner

(3) The

Chief, Emergency Management Ontario operates under the direction of the

Commissioner of Emergency Management.

Responsibilities

of Chief

(4) The

Chief, Emergency Management Ontario is responsible for monitoring,

co-ordinating and assisting in the development and implementation of emergency

management programs under sections 2.1 and 5.1 and for ensuring that those

programs are co-ordinated in so far as possible with emergency management

Transition

(5) The

appointments of the Commissioner of Emergency Management and the Chief,

Emergency Management Ontario that were in effect immediately before this

subsection came into force are continued on the day this subsection comes into

force as appointments made under this section.

Accountability

and governance framework

6.1.1

(1) The

Solicitor General shall develop a written framework for accountability and

governance during emergencies.

Contents

(2) The

framework shall articulate,

(

a) the

role, authority, powers and responsibilities of the Solicitor General, the

Commissioner of Emergency Management and the Chief, Emergency Management

Ontario during an emergency; and

(

b) the

roles and responsibilities of each minister of the Crown presiding over a

ministry of the Government of Ontario during an emergency.

Publication

(3) The

Solicitor General shall make the framework available to the public on a website

of the Government of Ontario or in such other manner as may be prescribed.

Compliance

(4) The

Solicitor General, Commissioner of Emergency Management and Chief, Emergency

Management Ontario and any other prescribed ministers of the Crown presiding over

a ministry of the Government of Ontario shall operate in compliance with the

framework.

The

definitions of “Commissioner of Emergency Management” and “necessary goods,

services and resources” in

section 7 of the Act are repealed.

Section 9 of the Act is amended by striking out “section 3, 6 or 8” in the

portion before clause (

a) and substituting “section 3, 6, 6.0.1 or 8”.

Section 10 of the Act is amended by striking out “section 3, 6 or 8” and

substituting “section 3, 6, 6.0.1 or 8”.

The Act is amended by adding the following section:

Regulations,

LGIC

14.1 The Lieutenant Governor

in Council may make regulations prescribing anything that, under this Act, may

or must be prescribed or done by regulation.

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

Clause 4 (2) (

b) of the Ministry of Agriculture, Food and

Rural Affairs Act is amended by adding “including but not limited to

policies, recommendations, advice, coordination and assistance respecting a

safe and stable food supply” at the end.

The Act is amended by adding the following section:

Duty

to report on food supply

4.2 The Minister shall report

on the safety and stability of Ontario’s food supply.

Commencement

This

Schedule comes into force on the day the Pandemic and

Emergency Preparedness Act, 2022 receives Royal Assent.

SCHEDULE 3

ONTARIO FOOD TERMINAL ACT

The Ontario Food Terminal Act is amended by adding

the following section:

Contingency

plan for emergency situations

4.1

(1) The

Board shall develop and maintain a contingency plan with respect to the

carrying out of its operations and undertakings during emergency situations

that may put the continuity of those operations and undertakings at risk.

Same

(2) The

contingency plan must include a description of how all or part of the Board’s

operations could be carried out temporarily, for no longer than 30 days at a

time, from a location other than the Terminal’s current location in the event

of such an emergency situation.

Same

(3) The

Minister may direct the Board to implement all or part of its contingency plan

if the Minister is of the opinion that such an emergency situation exists.

Commencement

This

Schedule comes into force on the day the Pandemic and

Emergency Preparedness Act, 2022 receives Royal Assent.

SCHEDULE 4

PERSONAL HEALTH INFORMATION PROTECTION ACT, 2004

Subsection 52 (1.1) of the Personal Health Information

Protection Act, 2004 is repealed and the following substituted:

Format

of records

(1.1) The

right to access a record of personal health information includes the right to

access the record in,

(

a) an

electronic format that meets the prescribed requirements, subject to any

restrictions, additional requirements or exceptions that may be prescribed; or

(

b) an

electronic format specified by the Agency in accordance with the regulations.

(1) Subsection 73 (1) of the Act is amended by adding the following

clause:

(m.0.1) authorizing

the Agency to specify electronic formats for the purposes of subsection 52

(1.1), which may include requirements, conditions, restrictions or exceptions

that apply to the authorization;

(2) Clause

73 (1) (n.3) of the Act is repealed and the following substituted:

(n.3) governing,

(

i) under

what circumstances a person or entity, or group of persons or entities,

described in subsection (1.1) may collect, use and disclose personal health

information,

(ii) conditions

that apply to the collection, use and disclosure of personal health information

by a person, entity or group mentioned in subclause (i),

(iii) security

requirements, records retention, information practices and rules for access and

correction for personal health information held by a person, entity or group

mentioned in subclause (i),

(iv) disclosures

of personal health information that may be made by a health information

custodian or other person to a person, entity or group mentioned in subclause

(i),

(

v) any

requirements with respect to the collection, use and disclosure of personal

health information that a person, entity or group must comply with if they used

to fall under the description in subsection (1.1) but no longer fall under that

description;

(3) Section

73 of the Act is amended by adding the following subsection:

Application

(1.1) Subclause

(1) (n.3) (

i) applies with respect to the following persons or entities, or

groups of persons or entities, that comply with the prescribed conditions, if

any:

1. Persons

or entities, or groups of persons or entities, designated under subsection 29

(1) of the Connecting Care Act, 2019 as an Ontario

Health Team.

2. Persons

or entities, or groups of persons or entities, that have not yet been

designated as an Ontario Health Team under subsection 29 (1) of the Connecting Care Act, 2019 but that have received written

authorization from the Minister approving them to,

i. use

the title “Ontario Health Team”, and

ii. collect,

use and disclose personal health information in accordance with the conditions

and other requirements made under clause (1) (n.3).

Commencement

This

Schedule comes into force on the day the Pandemic and

Emergency Preparedness Act, 2022 receives Royal Assent.

SCHEDULE 5

PERSONAL PROTECTIVE EQUIPMENT SUPPLY AND PRODUCTION ACT, 2022

Interpretation

this Act,

“critical

supplies and equipment” means supplies and equipment that are not worn, are

primarily used to detect, prevent and minimize exposure to hazards that may

cause injuries or illness and that are prescribed for the purposes of this

definition; (“fournitures et matériel essentiels”)

“government

entity” means,

(

a) the

Crown in right of Ontario, including any ministry of the Government of Ontario,

(

b) a

public body within the meaning of the Public Service of

Ontario Act, 2006 ,

(

c) the

Independent Electricity System Operator, and

(

d) Ontario

Power Generation Inc. and each of its subsidiaries; (“entité gouvernementale”)

“Minister”

means the Minister of Government and Consumer Services or such other member of

the Executive Council as may be assigned administration of this Act under the Executive Council Act ; (“ministre”)

“Ministry”

means the ministry of the Minister; (“ministère”)

“personal

protective equipment” means equipment used or worn to minimize exposure to

hazards that may cause injury or illness and that is prescribed for the purpose

of this definition; (“équipement de protection individuelle”)

“prescribed”

means prescribed by regulation; (“prescrit”)

“public

sector entity” means an entity in the public sector that is prescribed for the

purposes of this definition; (“entité du secteur public”)

“regulation”

means a regulation under this Act; (“règlement”)

“supply

chain management” means the broad range of activities related to the

procurement of personal protective equipment and critical supplies and

equipment, including,

(

a) planning

and sourcing,

(

b) setting

standards and specifications,

(

c) conducting

market research,

(

d) developing

procurement policy,

(

e) determining

procurement methodologies,

(

f) coordinating

and conducting procurements,

(

g) controlling

logistics and inventory,

(

h) managing

information systems,

(

i) coordinating

the actions of government entities, public sector entities and other entities

and furthering those entities’ collaboration,

(

j) overseeing

resources,

(

k) arranging

project financing,

(

l) managing

contracts and relationships,

(

m) receiving

and responding to complaints,

(

n) disposing

of surplus assets, and

(

o) carrying

out a prescribed activity. (“gestion de la chaîne d’approvisionnement”)

Requirement

to maintain supply of PPE and CSE

(1) The

Minister shall, in accordance with such requirements as may be prescribed,

maintain a supply of personal protective equipment and critical supplies and

equipment.

Prescribed

requirements

(2) The

prescribed requirements referred to in subsection (1) may, for example, relate

to,

(

a) the

quantity of personal protective equipment or critical supplies and equipment

that must be maintained;

(

b) the

quality, standards or specifications that the personal protective equipment or

critical supplies and equipment must satisfy;

(

c) the

reliability of the supply of personal protective equipment or critical supplies

and equipment that must be maintained; or

(

d) the

security of the supply of personal protective equipment or critical supplies

and equipment that is obtained.

Supply

chain management, government entities and public sector entities

(1) The

Minister may provide notice to a government entity or a public sector entity

stating that the Minister will provide or support supply chain management in

respect of personal protective equipment and critical supplies and equipment,

on behalf of the entity on a specified date.

Government

entity to obtain supply chain management

(2) An

entity that receives a notice described in subsection (1) shall obtain the

supply chain management from the Minister on and after the date specified in

the notice.

Notice

(3) The

notice given under subsection (1) shall specify,

(

a) the

personal protective equipment or critical supplies and equipment to which the

supply chain management will relate; and

(

b) such

arrangements to transition from the entity procuring its own personal

protective equipment or critical supplies and equipment to obtaining supply

chain management from the Minister.

Same,

publicly accessible

(4) The

Minister shall ensure that every notice given under subsection (1) is publicly

accessible on a Government of Ontario website.

Supply

chain management, other entities

The

Minister may provide or support supply chain management in respect of personal

protective equipment and critical supplies and equipment on behalf of an entity

that is not a government entity or public sector entity if,

(

a) the

Minister determines that doing so would not negatively impact the provision or

support of supply chain management for government entities or public sector

entities; and

(

b) the

Minister and the entity enter into an agreement with respect to supply chain

management.

Supply

chain management, individuals

The

Minister may provide or support supply chain management in respect of personal

protective equipment and critical supplies and equipment on behalf of an

individual if the Minister determines that doing so would not negatively impact

the provision or support of supply chain management for government entities or

public sector entities.

Policies

re prioritization

(1) The

Minister may establish policies governing how the Minister will prioritize the

supply of personal protective equipment and critical supplies and equipment

among government entities, public sector entities, other entities and

individuals.

Publication

of policies

(2) Any

policy made under subsection (1) shall be made available to the public on a

website of the Government of Ontario.

Vendor

performance standards and practices

entity for whom supply chain management is provided or supported under

section

3 or 4 shall comply with regulations requiring it to implement specified vendor

performance standards and practices.

Reporting

requirements

entity for whom supply chain management is provided or supported under

section

3 or 4 shall comply with such reporting requirements as required by the

regulations.

Deemed

part of agreement

Every

obligation of a public sector entity under this Act is deemed to be an

obligation it is required to comply with under the terms of every agreement or

other funding arrangement between the entity and the Crown in right of Ontario

or between the entity and an agency of the Crown in right of Ontario.

Supply

chain management contractors

government entity or public sector entity that contracts with a third party

supply chain manager shall ensure that the contract requires the supply chain

manager to comply with any requirement imposed under this Act on the government

entity or public sector entity, with any necessary modifications.

Annual

report

(1) The

Minister shall publish an annual report on,

(

a) the

supply of personal protective equipment and critical supplies and equipment

that the Minister maintains under

section 2; and

(

b) the

Minister’s supply chain management activities in respect of personal protective

equipment and critical supplies and equipment in the previous year.

Prescribed

information

(2) The

annual report shall include,

(

a) information

about the quantity and origin of production of the personal protective

equipment and critical supplies and equipment that the Minister maintains under

section 2; and

(

b) such

other information as may be prescribed.

Delegation

(1) The

Minister may, in writing, delegate a power or duty granted or vested in the

Minister under this Act to the Deputy Minister of the Ministry, any public

servant who works in the Ministry or to any Crown agency for which the Minister

in the delegation.

Object

and duty

(2) If

the Minister delegates a power or duty under subsection (1) to a Crown agent

that is a corporation, it is an object and duty of the corporation to carry out

that power or duty.

Commercial

information, etc.

disclosure of information in compliance with the regulations referred to in sections

7 and 8 is deemed not to contravene the provisions of an agreement that

purports to restrict or prohibit the disclosure of information.

Fees

The

Minister may establish and charge fees to recover the costs of any goods or

services that are provided by the Minister under this Act, including any costs

incurred in providing or supporting supply chain management for an entity.

Reselling

personal protective equipment or critical supplies and equipment

person shall sell or offer to sell any personal protective equipment or

critical supplies and equipment that the person obtained,

(

a) as

a result of supply chain management provided by the Minister; and

(

b) without

charge or payment of a fee.

Offence

(1) A

person who contravenes

section 15 is guilty of an offence and on conviction is

liable,

(

a) in

the case of an individual, to a fine of not less than $100 and not more than

$20,000; and

(

b) in

the case of a corporation, to a fine of not less than $20,000 and not more than

$250,000.

Limitation

period

(2) No

prosecution shall be commenced under this

section more than two years after the

date on which the offence was committed or alleged to have been committed.

Regulations

The

Lieutenant Governor in Council may make regulations governing anything that, in

this Act, is required or permitted to be prescribed or that is required or

permitted to be done by, or in accordance with, the regulations.

Consequential

amendment

(1) The Supply Chain Management Act

(Government, Broader Public Sector and Health Sector Entities), 2019 is

amended by adding the following section:

Non-application

re personal protective equipment and critical supplies and equipment

2.1 Supply chain management

under this Act does not include activities related to the procurement of

personal protective equipment or critical supplies and equipment.

(2) Subsection

7 (1) of the Act is repealed and the following substituted:

Creation

of corporation

(1) The

Lieutenant Governor in Council may, by regulation, incorporate one or more

corporations without share capital that have as their object and duty,

(

a) providing

or supporting supply chain management on behalf of government entities, broader

public sector entities or health sector entities in accordance with this Act

and the regulations;

(

b) any

objects or duties as may be delegated to the corporation under

section 12 of

the Personal Protective Equipment Supply and Production

Act, 2022 ; and

(

c) such

other objects or duties as may be prescribed.

Commencement

The Act set out in this

Schedule comes into force on a day to be named by

proclamation of the Lieutenant Governor.

Short

title

The

short title of the Act set out in this

Schedule is the Personal Protective Equipment Supply and Production Act, 2022 .

SCHEDULE 6

REGULATED HEALTH PROFESSIONS ACT, 1991

Subsection 1 (1) of the Regulated Health Professions Act,

1991 is amended by adding the following definition:

“Canadian

experience” has the meaning prescribed by the regulations; (“expérience

canadienne”)

(1) Subsection 43 (1) of the Act is amended by adding the following

clause:

(0.

a) prescribing

the meaning of “Canadian experience” for the purposes of this Act;

(2) Clause

43 (1) (h.0.1) of the Act is repealed and the following substituted:

(h.0.1) establishing

and governing requirements with respect to the amount of time in which Colleges

must make decisions under subsections 15 (1) and (4), 18 (2) and (4) and 19

(6) and (8) of the Code;

(3) Subsection

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

(k.1) establishing

French language proficiency testing requirement for the purposes of these

requirements;

(k.2) establishing

and governing exemptions from the restriction on requiring Canadian experience

section 16.2 of the Code;

(k.3) establishing

and governing requirements for emergency classes of registration that are required

section 16.3 of the Code;

(1) Schedule 2 to the Act is amended by adding the following

section:

Language

proficiency requirements

16.1 A College shall ensure

that it complies with any regulations made under clause 43 (1) (k.1) of the Regulated Health Professions Act, 1991 respecting its

(2) Schedule

2 to the Act is amended by adding the following section:

Canadian

experience requirements

16.2 A College shall not

require as a qualification for registration that a person’s experience be

Canadian experience unless an exemption is provided for in any regulations made

under clause 43 (1) (k.2) of the Regulated Health

Professions Act, 1991 .

(3) Schedule

2 to the Act is amended by adding the following section:

Emergency

classes of registration

16.3

(1) The

Council shall make regulations under clause 95 (1) (

b) establishing an

emergency class of registration.

(2) The

emergency class of registration required by subsection (1) must meet the

requirements in any regulation made under clause 43 (1) (k.3) of the Regulated Health Professions Act, 1991 .

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Pandemic and Emergency

Preparedness Act, 2022 receives Royal Assent.

(2) Section

3 comes into force on a day to be named by proclamation of the Lieutenant

Governor.

SCHEDULE

SUPPORTING RETENTION IN PUBLIC SERVICES ACT, 2022

Interpretation

this Act,

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

means regulations made under this Act. (“règlements”)

Funding

(1) For

the purpose of supporting the provision of public services, a Minister may

provide funding for employers to enhance the compensation paid to employees of

the employer.

Eligibility

(2) Eligibility

for funding under this Act shall be determined in accordance with compensation

enhancement programs set out in the regulations.

Compensation

enhancement programs

(1) A

compensation enhancement program may provide for temporary or permanent

compensation enhancements and may include different eligibility rules for

different classes of employee.

Direct

or indirect funding

(2) A

compensation enhancement program may provide for funding to be provided to an

employer directly or indirectly through a third party.

Use

of funding

(1) Funding

received by an employer under this Act shall be used to enhance the compensation

paid to employees of the employer in accordance with the terms of the

compensation enhancement program under which the funding is provided.

Same,

third parties

(2) Funding

received by a third party under this Act shall be provided to an employer in accordance

with the terms of the compensation enhancement program under which the funding

is provided.

Rules

re: labour matters

(1) Despite

any other Act and despite any regulation, order, policy, arrangement or

agreement, including a collective agreement, the following rules apply with

respect to prescribed compensation enhancement programs:

1. An

agreement between an employer and a trade union or a bargaining agent regarding

the payment of compensation enhancements is not required for the employer to

make payments under the compensation enhancement program to eligible employees.

2. No

employer, tribunal, arbitrator, arbitration board, officer or court may expand

eligibility for or require the payment of a compensation enhancement under the

compensation enhancement program to an employee who is not eligible under the

terms of the program.

Complaints

(2) No

complaint alleging a contravention of the Labour Relations

Act, 1995 or the Crown Employees Collective

Bargaining Act, 1993 shall be made in respect of the payment of compensation

under a prescribed compensation enhancement program.

P ay

Equity Act —permanent

compensation enhancement programs

(1) This

section applies if,

(

a) funding

is provided under a prescribed compensation enhancement program that provides for

a permanent compensation enhancement for employees;

(

b) the

employer of the employees is an employer to which the Pay

Equity Act applies; and

(

c) a

pay equity gap exists in connection with job classes or positions of the

employer’s employees.

Same

(2) If

funding provided under the compensation enhancement program results in an

increase in compensation, within the meaning of the Pay

Equity Act , to an employee’s job class or position, the increase is

deemed to be made for the purposes of achieving pay equity in respect of the employee’s

job class or position, maintaining pay equity in respect of the employee’s job

class or position, or both, under that Act.

Same

(3) If

an increase in compensation described in subsection (2) exceeds the amount

required to achieve pay equity in respect of the employee’s job class or

position, to maintain pay equity in respect of the employee’s job class or

position, or both, subsection (2) does not apply in respect of the excess amount.

Protecting

a Sustainable Public Sector for Future Generations Act, 2019

(1) This

section applies with respect to employees of employers to which the Protecting a Sustainable Public Sector for Future Generations

Act, 2019 applies.

Same

(2) Despite

the Protecting a Sustainable Public Sector for Future

Generations Act, 2019 , the amounts received by an employee under a

prescribed compensation enhancement program are deemed not to be an increase to

a salary rate, an increase to an existing compensation entitlement or a new

compensation entitlement for the purposes of that Act.

cause of action re: enactment of Act, etc.

(1) No

cause of action arises against the Crown or any of the Crown’s current or

former ministers, agents, appointees or employees,

(

a) as

a direct or indirect result of the enactment or amendment of any provision of

this Act;

(

b) as

a direct or indirect result of the making, amending or revoking of any

provision of a regulation or of a compensation enhancement program incorporated

by reference in a regulation; or

(

c) as

a direct or indirect result of anything done or not done in order to comply

with this Act or the regulations.

Proceedings

barred

(2) No

proceeding, including but not limited to any proceeding in contract,

restitution, unjust enrichment, tort, misfeasance, bad faith, trust, fiduciary

obligation or otherwise, that is directly or indirectly based on or related to

anything referred to in subsection (1) may be brought or maintained against a

person referred to in that subsection.

Application

(3) Without

limiting the generality of subsection (2), that subsection applies to an action

or other proceeding claiming any remedy or relief, including specific

performance, injunction, declaratory relief or any form of damages or any other

remedy or relief.

deemed employment relationship

Nothing

in this Act changes the status of an employer of employees and the application

of this Act does not create an employment relationship between the Crown and

employees of employers or a deemed employment relationship between them for the

purposes of this or any other Act or any law.

Act

binds Crown

This

Act binds the Crown.

Regulations

(1) The

Lieutenant Governor in Council may make regulations for carrying out the

purposes and provisions of this Act.

Compensation

enhancement programs

(2) The

Lieutenant Governor in Council may make regulations prescribing compensation

enhancement programs, including their eligibility requirements and their terms.

Same

(3) A

regulation may set out the eligibility requirements and terms of a compensation

enhancement program or may incorporate them by reference from a document as the

document may be amended from time to time.

Temporary

or permanent

(4) A

regulation shall specify whether the program provides for a temporary

compensation enhancement or a permanent compensation enhancement.

Commencement

The Act set out in this

Schedule comes into force on the day the Pandemic and Emergency Preparedness Act, 2022 receives

Royal Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Supporting Retention in Public Services Act, 2022 .

Bill 106 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

EMERGENCY MANAGEMENT AND CIVIL PROTECTION ACT

The

Schedule amends the Emergency Management and Civil

Protection Act .

Section

5.1 is amended to require emergency management programs to regularly assess

hazards and risks to public safety. Emergency management programs must also

identify the necessary goods, services and resources that would be required to

respond to the identified hazards and risks. This information must be provided

to the Chief, Emergency Management Ontario annually and at any other requested

time.

New

section 6.0.1 requires the Solicitor General to formulate a provincial

emergency management plan that describes how Ontario will co-ordinate the

response to any emergency that requires co-ordination at the provincial level.

Section

6.1 is amended to consolidate the Lieutenant Governor’s authority to appoint

both the Commissioner of Emergency Management and the Chief, Emergency

Management Ontario into a single section. The Commissioner operates under the

direction of the Solicitor General, and the Chief operates under the direction

of the Commissioner.

New

section 6.1.1 requires the Solicitor General to develop a written framework for

accountability and governance during emergencies and make it available to the

public. The Solicitor General, Commissioner of Emergency Management and Chief,

Emergency Management Ontario and other prescribed ministers are required to

operate in compliance with it.

SCHEDULE 2

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

The

Schedule amends clause 4 (2) (

b) of the Ministry of

Agriculture, Food and Rural Affairs Act to specify that the Minister of

the Ministry may establish policies and provide recommendations, advice,

coordination and assistance to the Government respecting a safe and stable food

supply. In addition, under a new

section 4.2, the Minister is required to

report on the safety and stability of Ontario’s food supply.

SCHEDULE 3

ONTARIO FOOD TERMINAL ACT

The

Ontario Food Terminal Act is amended to require the

Ontario Food Terminal Board to develop and maintain a contingency plan with

respect to the carrying out of its operations and undertakings during emergency

situations that may put the continuity of those operations and undertakings at

risk.

SCHEDULE 4

PERSONAL HEALTH INFORMATION PROTECTION ACT, 2004

The

Schedule amends the Personal Health Information Protection

Act, 2004 . It adds a regulation-making power to authorize the Agency to

specify electronic formats to which the right of access to personal health

information applies. It also adds a new regulation-making power governing

various aspects of the collection, use and disclosure of personal health

information by Ontario Health Teams and persons or entities that are authorized

to use the title of “Ontario Health Team”.

SCHEDULE 5

PERSONAL PROTECTIVE EQUIPMENT SUPPLY AND PRODUCTION ACT, 2022

The

Schedule enacts the Personal Protective Equipment Supply

and Production Act, 2022 . The following are some of the highlights of

the Act:

The

Act requires the Minister to maintain a supply of personal protective equipment

and critical supplies and equipment.

The

Act authorizes the Minister to provide or support supply chain management in

respect of personal protective equipment and critical supplies and equipment on

behalf of government entities and public sector entities. The Minister may also

provide such supply chain management for other entities and individuals, if certain

conditions are met.

The

Act prohibits a person from selling or offering to sell any personal protective

equipment or critical supplies and equipment that the person obtained as a

result of supply chain management provided by the Minister and without charge

or payment of a fee. A person who contravenes the prohibition is liable to a

fine.

Consequential

amendments are made to the Supply Chain Management Act

(Government, Broader Public Sector and Health Sector Entities), 2019 ,

including providing that that Act does not include activities related to the

procurement of personal protective equipment and critical supplies and

equipment.

SCHEDULE 6

REGULATED HEALTH PROFESSIONS ACT, 1991

The

Schedule amends the Regulated Health Professions Act, 1991

to add new requirements to the Health Professions Procedural Code and to add

related regulation-making powers.

The

amendments to the Health Professions Procedural Code require Colleges to comply

requirements. They also prohibit Colleges from requiring Canadian experience as

a qualification for registration, subject to any exemptions provided for in the

regulations. They also require the Councils of the Colleges to make regulations

establishing an emergency class of registration that meets the requirements set

out in the regulations. These requirements come into force on a day to be named

by proclamation of the Lieutenant Governor.

New

regulation-making powers are added to the Act in relation to these new

requirements. An additional regulation-making power is added that would allow

for the establishment of time limits in which Colleges must make certain

decisions related to registration. These regulation-making powers come into

force on Royal Assent.

SCHEDULE 7

SUPPORTING RETENTION IN PUBLIC SERVICES ACT, 2022

The

Schedule enacts the Supporting Retention in Public

Services Act, 2022 .

The

Act authorizes the provision of funding for employers to enhance the

compensation paid to employees of the employer for the purpose of supporting

the provision of public services. Eligibility for funding is determined in

accordance with compensation enhancement programs set out in the regulations.

The

Act describes the treatment of compensation received under a compensation

enhancement program for the purposes of the Pay Equity Act

and the Protecting a Sustainable Public Sector for Future

Generations Act, 2019 . Other rules are set out with respect to labour

and employment matters.

Bill 106 2022

Act to enact two Acts and amend various other Acts

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Emergency

Management and Civil Protection Act

Schedule 2

Ministry

of Agriculture, Food and Rural Affairs Act

Schedule 3

Ontario

Food Terminal Act

Schedule 4

Personal

Health Information Protection Act, 2004

Schedule 5

Personal

Protective Equipment Supply and Production Act, 2022

Schedule 6

Regulated

Health Professions Act, 1991

Schedule 7

Supporting

Retention in Public Services Act, 2022

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Except as otherwise provided

in this section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any of its provisions are to come into

force on a day to be named by proclamation of the Lieutenant Governor, a

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Pandemic and Emergency Preparedness Act, 2022 .

SCHEDULE 1

EMERGENCY MANAGEMENT AND CIVIL PROTECTION ACT

(1) The definition of “emergency plan” in

section 1 of the Emergency Management and Civil Protection Act is amended

by striking out “6, 8” and substituting “6, 6.0.1, 8”.

(2) Section

1 of the Act is amended by adding the following

definitions:

“necessary

goods, services and resources” includes food, water, electricity, fossil fuels,

clothing, equipment, transportation and medical services and supplies;

(“denrées, services et ressources nécessaires”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

means regulations made under this Act. (“règlements”)

Subsection 5.1 (2) of the Act is repealed and the following substituted:

Hazard

and risk assessment and infrastructure identification

(2) In

developing an emergency management program, every minister of the Crown and

every designated agency, board, commission and other branch of government shall

identify and regularly monitor and assess the various hazards and risks to

public safety that could give rise to emergencies and identify the facilities

and other elements of the infrastructure for which the minister or agency,

board, commission or branch is responsible that are at risk of being affected

by emergencies.

Same,

identification of necessary goods, services and resources

(2.1) The

emergency management program must include an identification of the necessary

goods, services and resources that would be required to respond to the hazards

and risks identified under subsection (2) and the availability and readiness of

those necessary goods, services and resources.

Same,

provision upon request

(2.2) Every

minister of the Crown and every designated agency, board, commission and other

branch of government shall provide information on the hazards and risks

identified under subsection (2) and the related information described in

subsection (2.1) to the Chief, Emergency Management Ontario annually and at any

other time requested by the Chief.

Section 6 of the Act is amended by adding the following subsection:

Plan

shall reflect provincial emergency management plan

(1.1) The

emergency plan must reflect any relevant contents from the provincial emergency

management plan formulated under

section 6.0.1.

The Act is amended by adding the following section:

Provincial

emergency management plan

6.0.1

(1) The

Solicitor General shall formulate a provincial emergency management plan that

describes how Ontario will co-ordinate the response to any emergency that

requires co-ordination at the provincial level.

Training

and exercises

(2) The

Solicitor General shall conduct training programs and exercises to ensure the

readiness of public servants and other persons to act under the provincial

emergency management plan.

Annual

report

(3) The

Solicitor General shall prepare an annual report detailing the progress that

has been made on achieving the objectives of the provincial emergency

management plan.

Review

and revision of plan

(4) The

Solicitor General shall review the provincial emergency management plan and

revise it at least every five years.

Publication

(5) The

Solicitor General shall make the provincial emergency management plan and the

annual report described in subsection (3) available to the public on a website

of the Government of Ontario or in such other manner as may be prescribed.

Section 6.1 of the Act is revoked and the following substituted:

Commissioner

and Chief

6.1

(1) The

Lieutenant Governor shall appoint a Commissioner of Emergency Management and a Chief,

Emergency Management Ontario.

Commissioner

operates under direction of Solicitor General

(2) The

Commissioner of Emergency Management operates under the direction of the

Solicitor General.

Chief

operates under direction of Commissioner

(3) The

Chief, Emergency Management Ontario operates under the direction of the

Commissioner of Emergency Management.

Responsibilities

of Chief

(4) The

Chief, Emergency Management Ontario is responsible for monitoring,

co-ordinating and assisting in the development and implementation of emergency

management programs under sections 2.1 and 5.1 and for ensuring that those

programs are co-ordinated in so far as possible with emergency management

Transition

(5) The

appointments of the Commissioner of Emergency Management and the Chief,

Emergency Management Ontario that were in effect immediately before this

subsection came into force are continued on the day this subsection comes into

force as appointments made under this section.

Accountability

and governance framework

6.1.1

(1) The

Solicitor General shall develop a written framework for accountability and

governance during emergencies.

Contents

(2) The

framework shall articulate,

(

a) the

role, authority, powers and responsibilities of the Solicitor General, the

Commissioner of Emergency Management and the Chief, Emergency Management

Ontario during an emergency; and

(

b) the

roles and responsibilities of each minister of the Crown presiding over a

ministry of the Government of Ontario during an emergency.

Publication

(3) The

Solicitor General shall make the framework available to the public on a website

of the Government of Ontario or in such other manner as may be prescribed.

Compliance

(4) The

Solicitor General, Commissioner of Emergency Management and Chief, Emergency

Management Ontario and any other prescribed ministers of the Crown presiding

over a ministry of the Government of Ontario shall operate in compliance with

the framework.

The

definitions of “Commissioner of Emergency Management” and “necessary goods,

services and resources” in

section 7 of the Act are repealed.

Section 9 of the Act is amended by striking out “section 3, 6 or 8” in the

portion before clause (

a) and substituting “section 3, 6, 6.0.1 or 8”.

Section 10 of the Act is amended by striking out “section 3, 6 or 8” and

substituting “section 3, 6, 6.0.1 or 8”.

The Act is amended by adding the following section:

Regulations,

LGIC

14.1 The Lieutenant Governor

in Council may make regulations prescribing anything that, under this Act, may

or must be prescribed or done by regulation.

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE

MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT

Clause 4 (2) (

b) of the Ministry of Agriculture, Food and

Rural Affairs Act is amended by adding “including but not limited to

policies, recommendations, advice, coordination and assistance respecting a

safe and stable food supply” at the end.

The Act is amended by adding the following section:

Duty

to report on food supply

4.2 The Minister shall

report on the safety and stability of Ontario’s food supply.

Commencement

This

Schedule comes into force on the day the Pandemic and

Emergency Preparedness Act, 2022 receives Royal Assent.

SCHEDULE 3

ONTARIO FOOD TERMINAL ACT

The Ontario Food Terminal Act is amended by adding

the following section:

Contingency

plan for emergency situations

4.1

(1) The

Board shall develop and maintain a contingency plan with respect to the

carrying out of its operations and undertakings during emergency situations

that may put the continuity of those operations and undertakings at risk.

Same

(2) The

contingency plan must include a description of how all or part of the Board’s

operations could be carried out temporarily, for no longer than 30 days at a

time, from a location other than the Terminal’s current location in the event

of such an emergency situation.

Same

(3) The

Minister may direct the Board to implement all or part of its contingency plan

if the Minister is of the opinion that such an emergency situation exists.

Commencement

This

Schedule comes into force on the day the Pandemic and

Emergency Preparedness Act, 2022 receives Royal Assent.

SCHEDULE 4

PERSONAL HEALTH INFORMATION PROTECTION ACT, 2004

Subsection 52 (1.1) of the Personal Health Information

Protection Act, 2004 is repealed and the following substituted:

Format

of records

(1.1) The

right to access a record of personal health information includes the right to

access the record in,

(

a) an

electronic format that meets the prescribed requirements, subject to any

restrictions, additional requirements or exceptions that may be prescribed; or

(

b) an

electronic format specified by the Agency in accordance with the regulations.

(1) Subsection 73 (1) of the Act is amended by adding the following

clause:

(m.0.1) authorizing

the Agency to specify electronic formats for the purposes of subsection 52

(1.1), which may include requirements, conditions, restrictions or exceptions

that apply to the authorization;

(2) Clause

73 (1) (n.3) of the Act is repealed and the following substituted:

(n.3) governing,

(

i) under

what circumstances a person or entity, or group of persons or entities,

described in subsection (1.1) may collect, use and disclose personal health

information,

(ii) conditions

that apply to the collection, use and disclosure of personal health information

by a person, entity or group mentioned in subclause (i),

(iii) security

requirements, records retention, information practices and rules for access and

correction for personal health information held by a person, entity or group

mentioned in subclause (i),

(iv) disclosures

of personal health information that may be made by a health information

custodian or other person to a person, entity or group mentioned in subclause

(i),

(

v) any

requirements with respect to the collection, use and disclosure of personal

health information that a person, entity or group must comply with if they used

to fall under the description in subsection (1.1) but no longer fall under that

description;

(3) Section

73 of the Act is amended by adding the following subsection:

Application

(1.1) Subclause

(1) (n.3) (

i) applies with respect to the following persons or entities, or

groups of persons or entities, that comply with the prescribed conditions, if

any:

1. Persons

or entities, or groups of persons or entities, designated under subsection 29

(1) of the Connecting Care Act, 2019 as an Ontario

Health Team.

2. Persons

or entities, or groups of persons or entities, that have not yet been

designated as an Ontario Health Team under subsection 29 (1) of the Connecting Care Act, 2019 but that have received written

authorization from the Minister approving them to,

i. use

the title “Ontario Health Team”, and

ii. collect,

use and disclose personal health information in accordance with the conditions

and other requirements made under clause (1) (n.3).

Commencement

This

Schedule comes into force on the day the Pandemic and

Emergency Preparedness Act, 2022 receives Royal Assent.

SCHEDULE 5

PERSONAL PROTECTIVE EQUIPMENT SUPPLY AND PRODUCTION ACT, 2022

Interpretation

this Act,

“critical

supplies and equipment” means supplies and equipment that are not worn, are

primarily used to detect, prevent and minimize exposure to hazards that may

cause injuries or illness and that are prescribed for the purposes of this

definition; (“fournitures et matériel essentiels”)

“government

entity” means,

(

a) the

Crown in right of Ontario, including any ministry of the Government of Ontario,

(

b) a

public body within the meaning of the Public Service of

Ontario Act, 2006 ,

(

c) the

Independent Electricity System Operator, and

(

d) Ontario

Power Generation Inc. and each of its subsidiaries; (“entité gouvernementale”)

“Minister”

means the Minister of Government and Consumer Services or such other member of

the Executive Council as may be assigned administration of this Act under the Executive Council Act ; (“ministre”)

“Ministry”

means the ministry of the Minister; (“ministère”)

“personal

protective equipment” means equipment used or worn to minimize exposure to

hazards that may cause injury or illness and that is prescribed for the purpose

of this definition; (“équipement de protection individuelle”)

“prescribed”

means prescribed by regulation; (“prescrit”)

“public

sector entity” means an entity in the public sector that is prescribed for the

purposes of this definition; (“entité du secteur public”)

“regulation”

means a regulation under this Act; (“règlement”)

“supply

chain management” means the broad range of activities related to the

procurement of personal protective equipment and critical supplies and

equipment, including,

(

a) planning

and sourcing,

(

b) setting

standards and specifications,

(

c) conducting

market research,

(

d) developing

procurement policy,

(

e) determining

procurement methodologies,

(

f) coordinating

and conducting procurements,

(

g) controlling

logistics and inventory,

(

h) managing

information systems,

(

i) coordinating

the actions of government entities, public sector entities and other entities

and furthering those entities’ collaboration,

(

j) overseeing

resources,

(

k) arranging

project financing,

(

l) managing

contracts and relationships,

(

m) receiving

and responding to complaints,

(

n) disposing

of surplus assets, and

(

o) carrying

out a prescribed activity. (“gestion de la chaîne d’approvisionnement”)

Requirement

to maintain supply of PPE and CSE

(1) The

Minister shall, in accordance with such requirements as may be prescribed,

maintain a supply of personal protective equipment and critical supplies and

equipment.

Prescribed

requirements

(2) The

prescribed requirements referred to in subsection (1) may, for example, relate

to,

(

a) the

quantity of personal protective equipment or critical supplies and equipment

that must be maintained;

(

b) the

quality, standards or specifications that the personal protective equipment or

critical supplies and equipment must satisfy;

(

c) the

reliability of the supply of personal protective equipment or critical supplies

and equipment that must be maintained; or

(

d) the

security of the supply of personal protective equipment or critical supplies

and equipment that is obtained.

Supply

chain management, government entities and public sector entities

(1) The

Minister may provide notice to a government entity or a public sector entity

stating that the Minister will provide or support supply chain management in

respect of personal protective equipment and critical supplies and equipment,

on behalf of the entity on a specified date.

Government

entity to obtain supply chain management

(2) An

entity that receives a notice described in subsection (1) shall obtain the

supply chain management from the Minister on and after the date specified in

the notice.

Notice

(3) The

notice given under subsection (1) shall specify,

(

a) the

personal protective equipment or critical supplies and equipment to which the

supply chain management will relate; and

(

b) such

arrangements to transition from the entity procuring its own personal

protective equipment or critical supplies and equipment to obtaining supply

chain management from the Minister.

Same,

publicly accessible

(4) The

Minister shall ensure that every notice given under subsection (1) is publicly

accessible on a Government of Ontario website.

Supply

chain management, other entities

The

Minister may provide or support supply chain management in respect of personal

protective equipment and critical supplies and equipment on behalf of an entity

that is not a government entity or public sector entity if,

(

a) the

Minister determines that doing so would not negatively impact the provision or

support of supply chain management for government entities or public sector

entities; and

(

b) the

Minister and the entity enter into an agreement with respect to supply chain

management.

Supply

chain management, individuals

The

Minister may provide or support supply chain management in respect of personal

protective equipment and critical supplies and equipment on behalf of an

individual if the Minister determines that doing so would not negatively impact

the provision or support of supply chain management for government entities or

public sector entities.

Policies

re prioritization

(1) The

Minister may establish policies governing how the Minister will prioritize the

supply of personal protective equipment and critical supplies and equipment

among government entities, public sector entities, other entities and individuals.

Publication

of policies

(2) Any

policy made under subsection (1) shall be made available to the public on a

website of the Government of Ontario.

Vendor

performance standards and practices

entity for whom supply chain management is provided or supported under

section

3 or 4 shall comply with regulations requiring it to implement specified vendor

performance standards and practices.

Reporting

requirements

entity for whom supply chain management is provided or supported under

section

3 or 4 shall comply with such reporting requirements as required by the

regulations.

Deemed

part of agreement

Every

obligation of a public sector entity under this Act is deemed to be an

obligation it is required to comply with under the terms of every agreement or

other funding arrangement between the entity and the Crown in right of Ontario

or between the entity and an agency of the Crown in right of Ontario.

Supply

chain management contractors

government entity or public sector entity that contracts with a third party

supply chain manager shall ensure that the contract requires the supply chain

manager to comply with any requirement imposed under this Act on the government

entity or public sector entity, with any necessary modifications.

Annual

report

(1) The

Minister shall publish an annual report on,

(

a) the

supply of personal protective equipment and critical supplies and equipment

that the Minister maintains under

section 2; and

(

b) the

Minister’s supply chain management activities in respect of personal protective

equipment and critical supplies and equipment in the previous year.

Prescribed

information

(2) The

annual report shall include,

(

a) information

about the quantity and origin of production of the personal protective

equipment and critical supplies and equipment that the Minister maintains under

section 2; and

(

b) such

other information as may be prescribed.

Delegation

(1) The

Minister may, in writing, delegate a power or duty granted or vested in the

Minister under this Act to the Deputy Minister of the Ministry, any public

servant who works in the Ministry or to any Crown agency for which the Minister

in the delegation.

Object

and duty

(2) If

the Minister delegates a power or duty under subsection (1) to a Crown agent

that is a corporation, it is an object and duty of the corporation to carry out

that power or duty.

Commercial

information, etc.

disclosure of information in compliance with the regulations referred to in sections

7 and 8 is deemed not to contravene the provisions of an agreement that

purports to restrict or prohibit the disclosure of information.

Fees

The

Minister may establish and charge fees to recover the costs of any goods or

services that are provided by the Minister under this Act, including any costs

incurred in providing or supporting supply chain management for an entity.

Reselling

personal protective equipment or critical supplies and equipment

person shall sell or offer to sell any personal protective equipment or

critical supplies and equipment that the person obtained,

(

a) as

a result of supply chain management provided by the Minister; and

(

b) without

charge or payment of a fee.

Offence

(1) A

person who contravenes

section 15 is guilty of an offence and on conviction is

liable,

(

a) in

the case of an individual, to a fine of not less than $100 and not more than

$20,000; and

(

b) in

the case of a corporation, to a fine of not less than $20,000 and not more than

$250,000.

Limitation

period

(2) No

prosecution shall be commenced under this

section more than two years after the

date on which the offence was committed or alleged to have been committed.

Regulations

The

Lieutenant Governor in Council may make regulations governing anything that, in

this Act, is required or permitted to be prescribed or that is required or

permitted to be done by, or in accordance with, the regulations.

Consequential

amendment

(1) The Supply Chain Management Act

(Government, Broader Public Sector and Health Sector Entities), 2019 is

amended by adding the following section:

Non-application

re personal protective equipment and critical supplies and equipment

2.1 Supply chain management

under this Act does not include activities related to the procurement of

personal protective equipment or critical supplies and equipment.

(2) Subsection

7 (1) of the Act is repealed and the following substituted:

Creation

of corporation

(1) The

Lieutenant Governor in Council may, by regulation, incorporate one or more

corporations without share capital that have as their object and duty,

(

a) providing

or supporting supply chain management on behalf of government entities, broader

public sector entities or health sector entities in accordance with this Act

and the regulations;

(

b) any

objects or duties as may be delegated to the corporation under

section 12 of

the Personal Protective Equipment Supply and Production

Act, 2022 ; and

(

c) such

other objects or duties as may be prescribed.

Commencement

The Act set out in this

Schedule comes into force on a day to be named by

proclamation of the Lieutenant Governor.

Short

title

The

short title of the Act set out in this

Schedule is the Personal Protective Equipment Supply and Production Act, 2022 .

SCHEDULE 6

REGULATED HEALTH PROFESSIONS ACT, 1991

Subsection 1 (1) of the Regulated Health Professions Act,

1991 is amended by adding the following definition:

“Canadian

experience” has the meaning prescribed by the regulations; (“expérience

canadienne”)

(1) Subsection 43 (1) of the Act is amended by adding the following

clause:

(0.

a) prescribing

the meaning of “Canadian experience” for the purposes of this Act;

(2) Clause

43 (1) (h.0.1) of the Act is repealed and the following substituted:

(h.0.1) establishing

and governing requirements with respect to the amount of time in which Colleges

must make decisions under subsections 15 (1) and (4), 18 (2) and (4) and 19

(6) and (8) of the Code;

(3) Subsection

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

(k.1) establishing

Colleges are required to comply, including prescribing what constitutes an

these requirements;

(k.2) establishing

and governing exemptions from the restriction on requiring Canadian experience

section 16.2 of the Code;

(k.3) establishing

and governing requirements for emergency classes of registration that are required

section 16.3 of the Code;

(1) Schedule 2 to the Act is amended by adding the following

section:

Language

proficiency requirements

16.1 A College shall ensure

that it complies with any regulations made under clause 43 (1) (k.1) of the Regulated Health Professions Act, 1991 respecting its

(2) Schedule

2 to the Act is amended by adding the following section:

Canadian

experience requirements

16.2 A College shall not

require as a qualification for registration that a person’s experience be

Canadian experience unless an exemption is provided for in any regulations made

under clause 43 (1) (k.2) of the Regulated Health

Professions Act, 1991 .

(3) Schedule

2 to the Act is amended by adding the following section:

Emergency

classes of registration

16.3

(1) The

Council shall make regulations under clause 95 (1) (

b) establishing an

emergency class of registration.

(2) The

emergency class of registration required by subsection (1) must meet the

requirements in any regulation made under clause 43 (1) (k.3) of the Regulated Health Professions Act, 1991 .

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Pandemic and Emergency

Preparedness Act, 2022 receives Royal Assent.

(2) Section

3 comes into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE

SUPPORTING RETENTION IN PUBLIC SERVICES ACT, 2022

Interpretation

this Act,

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

means regulations made under this Act. (“règlements”)

Funding

(1) For

the purpose of supporting the provision of public services, a Minister may

provide funding for employers to enhance the compensation paid to employees of

the employer.

Eligibility

(2) Eligibility

for funding under this Act shall be determined in accordance with compensation

enhancement programs set out in the regulations.

Compensation

enhancement programs

(1) A

compensation enhancement program may provide for temporary or permanent

compensation enhancements and may include different eligibility rules for different

classes of employee.

Direct

or indirect funding

(2) A

compensation enhancement program may provide for funding to be provided to an

employer directly or indirectly through a third party.

Use

of funding

(1) Funding

received by an employer under this Act shall be used to enhance the

compensation paid to employees of the employer in accordance with the terms of

the compensation enhancement program under which the funding is provided.

Same,

third parties

(2) Funding

received by a third party under this Act shall be provided to an employer in

accordance with the terms of the compensation enhancement program under which

the funding is provided.

Rules

re: labour matters

(1) Despite

any other Act and despite any regulation, order, policy, arrangement or

agreement, including a collective agreement, the following rules apply with

respect to prescribed compensation enhancement programs:

1. An

agreement between an employer and a trade union or a bargaining agent regarding

the payment of compensation enhancements is not required for the employer to

make payments under the compensation enhancement program to eligible employees.

2. No

employer, tribunal, arbitrator, arbitration board, officer or court may expand

eligibility for or require the payment of a compensation enhancement under the

compensation enhancement program to an employee who is not eligible under the

terms of the program.

Complaints

(2) No

complaint alleging a contravention of the Labour Relations

Act, 1995 or the Crown Employees Collective Bargaining

Act, 1993 shall be made in respect of the payment of compensation under

a prescribed compensation enhancement program.

Pay Equity Act —permanent compensation

enhancement programs

(1) This

section applies if,

(

a) funding

is provided under a prescribed compensation enhancement program that provides for

a permanent compensation enhancement for employees;

(

b) the

employer of the employees is an employer to which the Pay

Equity Act applies; and

(

c) a

pay equity gap exists in connection with job classes or positions of the

employer’s employees.

Same

(2) If

funding provided under the compensation enhancement program results in an

increase in compensation, within the meaning of the Pay

Equity Act , to an employee’s job class or position, the increase is

deemed to be made for the purposes of achieving pay equity in respect of the employee’s

job class or position, maintaining pay equity in respect of the employee’s job

class or position, or both, under that Act.

Same

(3) If

an increase in compensation described in subsection (2) exceeds the amount

required to achieve pay equity in respect of the employee’s job class or

position, to maintain pay equity in respect of the employee’s job class or

position, or both, subsection (2) does not apply in respect of the excess

amount.

Protecting

a Sustainable Public Sector for Future Generations Act, 2019

(1) This

section applies with respect to employees of employers to which the Protecting a Sustainable Public Sector for Future Generations

Act, 2019 applies.

Same

(2) Despite

the Protecting a Sustainable Public Sector for Future

Generations Act, 2019 , the amounts received by an employee under a

prescribed compensation enhancement program are deemed not to be an increase to

a salary rate, an increase to an existing compensation entitlement or a new

compensation entitlement for the purposes of that Act.

cause of action re: enactment of Act, etc.

(1) No

cause of action arises against the Crown or any of the Crown’s current or former

ministers, agents, appointees or employees,

(

a) as

a direct or indirect result of the enactment or amendment of any provision of

this Act;

(

b) as

a direct or indirect result of the making, amending or revoking of any

provision of a regulation or of a compensation enhancement program incorporated

by reference in a regulation; or

(

c) as

a direct or indirect result of anything done or not done in order to comply

with this Act or the regulations.

Proceedings

barred

(2) No

proceeding, including but not limited to any proceeding in contract,

restitution, unjust enrichment, tort, misfeasance, bad faith, trust, fiduciary

obligation or otherwise, that is directly or indirectly based on or related to

anything referred to in subsection (1) may be brought or maintained against a

person referred to in that subsection.

Application

(3) Without

limiting the generality of subsection (2), that subsection applies to an action

or other proceeding claiming any remedy or relief, including specific

performance, injunction, declaratory relief or any form of damages or any other

remedy or relief.

deemed employment relationship

Nothing

in this Act changes the status of an employer of employees and the application

of this Act does not create an employment relationship between the Crown and

employees of employers or a deemed employment relationship between them for the

purposes of this or any other Act or any law.

Act

binds Crown

This

Act binds the Crown.

Regulations

(1) The

Lieutenant Governor in Council may make regulations for carrying out the

purposes and provisions of this Act.

Compensation

enhancement programs

(2) The

Lieutenant Governor in Council may make regulations prescribing compensation

enhancement programs, including their eligibility requirements and their terms.

Same

(3) A

regulation may set out the eligibility requirements and terms of a compensation

enhancement program or may incorporate them by reference from a document as the

document may be amended from time to time.

Temporary

or permanent

(4) A

regulation shall specify whether the program provides for a temporary

compensation enhancement or a permanent compensation enhancement.

Commencement

The Act set out in this

Schedule comes into force on the day the Pandemic and Emergency Preparedness Act, 2022 receives

Royal Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Supporting Retention in Public Services Act, 2022 .

Date Bill stage Event Outcome Committee

April 14, 2022

Royal Assent

Royal Assent received

April 14, 2022

Third Reading

Vote

Carried on division

April 13, 2022

Third Reading

Debated

April 13, 2022

Third Reading

Debated

April 12, 2022

Third Reading

Debated

April 12, 2022

Second Reading

Ordered for Third Reading

April 12, 2022

Second Reading

Reported without amendment

April 11, 2022

Second Reading

Consideration of a Bill

Standing Committee on Finance and Economic Affairs

April 6, 2022

Second Reading

Consideration of a Bill

Standing Committee on Finance and Economic Affairs

April 5, 2022

Second Reading

Consideration of a Bill

Standing Committee on Finance and Economic Affairs

March 31, 2022

Second Reading

Ordered referred to Standing Committee

Standing Committee on Finance and Economic Affairs

March 31, 2022

Second Reading

Vote

Carried on division

March 30, 2022

Second Reading

Deferred vote

March 30, 2022

Second Reading

Debated

March 30, 2022

Second Reading

Debated

March 29, 2022

First Reading

Vote

Carried

Debates and Progress

First Reading

March 29, 2022

Committee

Second Reading

March 30, 2022

Principal Debaters :

Hon. Prabmeet Singh Sarkaria, Mr. Rudy Cuzzetto, Mme France Gélinas, Mr. Will Bouma, Hon. Lisa M. Thompson, Mr. Kevin Yarde, Mr. John Fraser, Hon. Sylvia Jones, Mrs. Jennifer (Jennie) Stevens, Hon. Victor Fedeli, Mr. Wayne Gates, Ms. Sara Singh, Mr. Gurratan Singh, Mr. Michael Mantha, Miss Monique Taylor

Questions and Comments :

Ms. Doly Begum, Mr. Michael Parsa, Mr. Terence Kernaghan, Hon. David Piccini, Mr. Faisal Hassan, Mr. Lorne Coe, Ms. Peggy Sattler, Ms. Natalia Kusendova, Mr. Randy Pettapiece, Hon. Jane McKenna, Ms. Donna Skelly, Mr. Taras Natyshak, Mr. Sheref Sabawy, Ms. Goldie Ghamari, Hon. Paul Calandra

March 30, 2022 (Continued)

Vote deferred.

March 31, 2022

Carried on division. Referred to the Standing Committee on Finance and Economic Affairs.

Committee

Standing Committee on Finance and Economic Affairs

April 5, 2022

April 6, 2022

April 11, 2022

April 12, 2022

Reported to the House without amendment. Ordered for third reading.

Third Reading

April 12, 2022

Principal Debaters :

Hon. Prabmeet Singh Sarkaria, Mr. Rudy Cuzzetto, Ms. Peggy Sattler, Hon. Merrilee Fullerton

Questions and Comments :

Ms. Jill Andrew, Mr. Will Bouma, Ms. Doly Begum, Ms. Donna Skelly, Mme France Gélinas, Mr. Sam Oosterhoff, Mr. Sheref Sabawy

April 12, 2022 (Continued)

April 13, 2022

Principal Debaters :

Ms. Jill Andrew, Hon. Victor Fedeli, Miss Monique Taylor, Hon. Ross Romano, Mr. Gurratan Singh, Mr. Jamie West, Hon. Sylvia Jones

Questions and Comments :

Mr. Norman Miller, Ms. Peggy Sattler, Hon. Jane McKenna, Mr. Kevin Yarde, Mr. Sam Oosterhoff, Hon. Paul Calandra, Mr. John Yakabuski, Mr. Toby Barrett, Mr. Robert Bailey, Mr. Randy Pettapiece, Mr. Michael Mantha, Mr. Will Bouma, Mr. Lorne Coe, Mr. Taras Natyshak, Mr. Dave Smith

April 13, 2022 (Continued)

Vote deferred.

April 14, 2022

Carried on division.

Royal Assent

Thursday, April 14, 2022

Acts affected - Bill 106

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Emergency Management and Civil Protection Act

Ministry of Agriculture, Food and Rural Affairs Act

Ontario Food Terminal Act

Personal Health Information Protection Act, 2004

Regulated Health Professions Act, 1991

Supply Chain Management Act (Government, Broader Public Sector and Health Sector Entities), 2019

Legislative Assembly of Ontario

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