Connecting People to Home and Community Care Act, 2020 — Bill 175 (42nd Parliament, 1st Session)

Bill 175, 42-1

Ontario — Bills

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Bill 175, Connecting People to Home and Community Care Act, 2020

Elliott, Christine Minister of Health

Royal Assent received. Statutes of Ontario 2020,

chapter 13

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Bill 175 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader’s aid to Bill 175 and does not form part of the law.

Bill 175 has been enacted as

Chapter 13 of the Statutes of Ontario, 2020.

Schedule 1

Connecting Care Act, 2019

The

Connecting Care Act, 2019 is amended to replace

references to “integrated care delivery systems” with references to “Ontario

Health Teams”.

Ontario

Health (“the Agency”) is authorized to provide funding to a health service

provider or Ontario Health Team for the purpose of the provider or Team

providing funding to or on behalf of an individual to purchase home and

community care services.

Ontario

Health Teams, health service providers and contracted service providers are

prohibited from charging for home and community care services, except as

provided for in the regulations.

The

Act is amended to include additional investigation powers that would only apply

to prescribed home and community care services that include residential

accommodation at the premises. These additional powers would allow an

investigator to enter a dwelling in specified circumstances. A justice of the

peace may issue a warrant to enter a dwelling if the justice of the peace is

satisfied on information under oath or affirmation that the investigator was

prevented from entering the dwelling.

Section

27 of the Act is amended to provide that the notice requirement before appointing

a supervisor does not apply to a health service provider or Ontario Health Team

that provides prescribed home and community care services that include

residential accommodation, where in the Minister’s opinion, there is an

immediate threat to the health, safety, or well-being of persons receiving home

and community care services at the premises owned or operated by the provider

or Team. This

section would also specify that certain provisions of the Employment Standards Act, 2000 , Labour

Relations Act, 1995 and the Pay Equity Act

do not apply when a supervisor is appointed under this section.

new

Part V.1 is added to the Act which contains enforcement and penalty

provisions. It is prohibited to obstruct or interfere with an investigator, to

provide false information, to refuse to provide information as required under

the Act and to fail to comply with an order made under this Part. It is also

prohibited for a person or entity to represent themselves as an “Ontario Health

Team”, unless they have been designated as an Ontario Health Team under

section

29 of the Act or have received written authorization from the Minister to use

the title “Ontario Health Team”. This Part would also confer authority on the

Minister to issue binding compliance orders or to make an application to the

Superior Court of Justice for an order directing the person or entity to comply

with this Part. It would also set out procedural requirements, offence and penalty

provisions and other requirements with respect to issuing compliance orders and

prosecuting offences under the Act. This Part also provides that the Minister

may publish on a website or make available to the public the name of the person

or entity to whom an order is directed or who is convicted of an offence under

this Act and a description of the non-compliance or the offence.

new

Part V.2 is added to the Act that sets out the complaints and appeals

process for home and community care services. This Part would require a health

service provider or Ontario Health Team that provides home and community care

services under this Act to establish a process for reviewing complaints in

accordance with prescribed requirements. This Part would allow a person to

appeal to the Health Services Appeal and Review Board (the “Appeal Board”) a

prescribed decision of the health service provider or Ontario Health Team

concerning a complaint if the prescribed requirements are met. This Part would

also specify the procedural rules that apply to proceedings and decisions of

the Appeal Board under the Act, the powers of the Appeal Board, and that a

decision of the Appeal Board under this

Part is final and binding and not

subject to further appeal.

Assorted

other amendments are also made to the Act.

Schedule

Ministry of Health and Long-Term Care Act

The

Ministry of Health and Long-Term Care Act is

amended to maintain the Minister’s power, currently existing under the Home Care and Community Services Act, 1994 , to enter into

agreements with Indigenous organizations to provide for home and community care

services for Indigenous communities.

The

Act is also amended to continue the Minister’s right of subrogation and direct

recovery with respect to costs incurred for home and community care services

and long-term care services.

Schedule

Home Care and Community Services Act, 1994, Repeal and consequential

The

Schedule provides for the repeal of the Home Care and

Community Services Act, 1994 , and allows for the repeal of select

provisions on different dates.

Consequential

amendments are made to the Excellent Care for All Act,

2010 that would continue the jurisdiction of the Patient Ombudsman over

certain prescribed home and community care services funded under the Connecting Care Act, 2019 .

consequential amendment is made to the Health Care Consent

Act, 1996 that would remove references to the Home

Care and Community Services Act, 1994 .

Consequential

amendments are made to the Health Protection and Promotion

Act that would amend the definition of “health care provider or health

care entity” to add a reference to a health service provider or Ontario Health

Team that provides a home and community care service under the Connecting Care Act, 2019 . A reference to a service

provider within the meaning of the Home Care and Community

Services Act, 1994 is removed.

Consequential

amendments are made to the Local Health System Integration

Act, 2006 that would remove references to community services and service

providers within the meaning of the Home Care and

Community Services Act, 1994 , and add references to home and community

care services and health service providers or Ontario Health Teams that provide

home and community care services within the meaning of the Connecting Care Act, 2019 . Subsection 20.1 (2) of the Act

is amended to maintain that the restriction set out in subsection 20.1 (1) of

the Act would not apply to an agreement entered into between a local health

integration network and a health service provider that provides home and

community care services that requires a health service provider to deliver

services in a specified geographic area in Ontario.

consequential amendment is made to the Mental Health and

Addictions Centre of Excellence Act, 2019 that would add a definition of

“Ontario Health Team” within the meaning of the Connecting

Care Act, 2019 . The Act would also be amended by replacing a reference

to “integrated care delivery systems” with “Ontario Health Teams”.

Consequential

amendments are made to the Ministry of Health and Long-Term

Care Appeal and Review Boards Act, 1998 that would remove a reference to

the Home Care and Community Services Act, 1994 and

add a reference to the Connecting Care Act, 2019 .

Consequential

amendments are made to the Personal Health Information

Protection Act, 2004 that would add references to home and community

care services and health service providers or Ontario Health Teams that provide

home and community care services within the meaning of the Connecting Care Act, 2019 . The definition of “health information

custodian” is amended to maintain that health service providers, Ontario Health

Teams and contracted service providers that provide home and community care

services pursuant to funding under

section 21 of the Connecting

Care Act, 2019 are health information custodians within the meaning of

that Act.

Section

1 of the Private Hospitals Act is amended to

exclude a premises owned or operated by a health service provider or Ontario

Health Team that is funded under

section 21 of the Connecting

Care Act, 2019 to provide prescribed home and community care services

that include residential accommodation from the definition of “private

hospital”.

Bill 175 2020

Act to amend and repeal various Acts respecting home care and community

services

Contents

of this Act

Commencement

Short

title

Schedule 1

Connecting

Care Act, 2019

Schedule 2

Ministry

of Health and Long-term Care Act

Schedule 3

Care and Community Services Act, 1994, Repeal and Consequential

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) Subject to subsections (2) and (3), 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

Schedule to this Act provides that any 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 Connecting

People to Home and Community Care Act, 2020 .

Schedule 1

Connecting Care Act, 2019

(1) Subsection 1 (1) of the Connecting Care

Act, 2019 is amended by adding the following definition:

“Appeal

Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards

Act, 1998 ; (“Commission d’appel”)

(2) The

definition of “de-identify” in subsection 1 (1) of the Act is amended by

striking out “subsection 47 (1)” and substituting “section 2”.

(3) The

definition of “integrated care delivery system” in subsection 1 (1) of the Act

is repealed.

(4) Subsection

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

definitions:

“compliance

order” means an order made under

section 43.5; (“arrêté de conformité”)

“Ontario

Health Team” or “Team” means a person or entity, or a group of persons or

entities, designated under

section 29; (“équipe Santé Ontario”, “équipe”)

(5) Paragraph

6 of subsection 1 (2) of the Act is repealed and the following substituted:

6. A

not-for-profit entity that provides home and community care services.

(6) Subsection

1 (3) of the Act is repealed.

(7) Section

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

Local

health integration networks, certain services

(4) Where

provided for in the regulations, a local health integration network is deemed

to be a health service provider, and to have been funded by the Agency under

section 21, for the purposes of this Act and its regulations and any other Act

or regulations, subject to any prescribed exceptions, and unless the context

requires otherwise.

(8) Subsection

1 (4) of the Act, as enacted by subsection (7), is repealed.

“integrated care delivery system” and “integrated care delivery systems”

wherever they appear and substituting in each case “Ontario Health Team” and

“Ontario Health Teams” as the case may be.

(2) The

provider or a system” and “provider’s or system’s” wherever they appear and

substituting in each case “provider or Team”, “a provider or a Team” or

“provider’s or Team’s” as the case may be.

(3) The

wherever it appears and substituting in each case “provider, Team”.

(4) The

French version of the Act is amended by striking out “un système intégré de

prestation de soins” wherever it appears and substituting in each case “une

équipe Santé Ontario”.

(5) The

French version of the Act is amended by striking out “le système intégré de

prestation de soins” wherever it appears and substituting in each case

“l’équipe Santé Ontario”.

(6) The

French version of the Act is amended by striking out “systèmes intégrés de

prestation de soins” wherever it appears and substituting in each case “équipes

Santé Ontario”.

(7) The

French version of the Act is amended by striking out “au système intégré de

prestation de soins” wherever it appears and substituting in each case “à

l’équipe Santé Ontario”.

(8) The

French version of the Act is amended by striking out “du système intégré de

prestation de soins” wherever it appears and substituting in each case “de

l’équipe Santé Ontario”.

(9) The

French version of subsection 29 (1) of the Act is amended by striking out “de

système intégré de prestation de soins” and substituting “d’équipe Santé

Ontario”.

(10) The

French version of

section 30 of the Act is amended by striking out “chaque

fournisseur de services de santé et système intégré de prestation de soins” and

substituting “chaque fournisseur de services de santé et équipe Santé Ontario”.

(11) The

French version of the Act is amended by striking out “un tel fournisseur ou

système” wherever it appears and substituting in each case “un tel fournisseur

ou une telle équipe”.

(12) The

French version of the Act is amended by striking out “le fournisseur ou le

système” wherever it appears and substituting in each case “le fournisseur ou

l’équipe”.

(13) The

French version of the Act is amended by striking out “au fournisseur ou au

système” wherever it appears and substituting in each case “au fournisseur ou à

l’équipe”.

(14) The

French version of subsection 21 (1) of the Act is amended by striking out

“qu’il fournit” and substituting “qu’il ou elle fournit”.

(15) The

French version of subsections 26 (3), 27 (3), 27 (5), 27 (9), 27 (12) and 29

(3) of the Act is amended by striking out “du système” wherever it appears and

substituting in each case “de l’équipe”.

(16) The

French version of subsections 26 (4) and 27 (4) of the Act is amended by

striking out “ce système” and substituting “cette équipe”.

(17) The

French version of subsection 27 (9) of the Act is amended by striking out “ou

le fait fonctionner” and substituting “ou le ou la fait fonctionner”.

(18) The

French version of clauses 33 (2) (

g) and (

h) of the Act is amended by striking

out “pour qu’il” and substituting “pour qu’il ou elle”.

(19) The

French version of clauses 35 (3) (

b) and (

c) of the Act is amended by striking

out “s’il” and substituting “s’il ou elle”.

(20) The

French version of clause 35 (3) (

c) of the Act is amended by striking out “où

il” and substituting “où il ou elle”.

(21) The

French version of subsection 37 (1) of the Act is amended by striking out

“qu’il détient” and substituting “qu’il ou elle détient”.

(22) The

French version of subclause 48 (1) (f) (

i) of the Act is amended by striking

out “le fournisseur, le système” and substituting “le fournisseur, l’équipe”.

Section 21 of the Act is amended by adding the following subsection:

and community care services

(1.1) The

Agency may provide funding to a health service provider or Ontario Health Team

for the purpose of the provider or Team providing funding to or on behalf of an

individual to purchase home and community care services.

Subsection 23 (2) of the Act is repealed and the following substituted:

Geographic

restrictions for home and community care services

(2) For

greater certainty, subsection (1) applies to a service accountability agreement

in respect of funding provided by the Agency for the delivery of services by a

health service provider, an Ontario Health Team or other person or entity under

section 22, but it does not apply to any agreement entered into under

section

21 with respect to home and community care services that requires a health

service provider or Ontario Health Team to deliver services in a specified

geographic area in Ontario.

The Act is amended by adding the following section:

Charges

for home and community care services

23.1

(1) If a

health service provider or Ontario Health Team provides a home and community

care service to an individual, the provider or Team shall not require payment

from the individual for the service and shall not accept a payment made by or

on behalf of the individual for the service, except as provided for in the

regulations.

Same

(2) If

a health service provider or Ontario Health Team purchases a home and community

care service from a person or entity, the person or entity shall not require or

accept payment for the service from anyone other than the health service

provider or Ontario Health Team.

Exception

(3) Despite

subsection (2), the person or entity may collect payments on behalf of the

health service provider or Ontario Health Team if it does so in accordance with

the regulations made for the purposes of subsection (1).

(1) Clause 26 (6) (

b) of the Act is amended by striking out

“subsection (7)” and substituting “subsections (7) and (7.1)”.

(2) Section

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

Exception

(7.1) Subsection

(7) does not apply if,

(

a) the

consent of the occupier cannot be obtained, after making reasonable efforts;

(

b) the

dwelling is a premises owned or operated by health service provider or Ontario

Health Team funded under

section 21 to provide prescribed home and community

care services that include residential accommodation at the premises; and

(

c) written

notice has been given to each occupier of the dwelling at least 24 hours before

the entry.

The Act is amended by adding the following section:

Warrant

26.1

(1) A

justice of the peace may issue a warrant authorizing an investigator named in

the warrant to enter premises specified in the warrant and to exercise any of

the powers mentioned in clause 26 (6) (

c) and subsection 26 (9), if the justice

of the peace is satisfied on information under oath or affirmation that the

investigator has been prevented from entering premises under

section 26 (7.1).

Expiry

of warrant

(2) A

warrant issued under this

section shall name a date on which it expires, which

shall not be later than 30 days after the warrant is issued.

Extension

of time

(3) A

justice of the peace may extend the date on which a warrant issued under this

section expires for an additional period of no more than 30 days, upon

application without notice by the investigator named in the warrant.

Use

of force

(4) An

investigator named in a warrant issued under this

section may use whatever

force is necessary to execute the warrant and may call upon a police officer

for assistance in executing the warrant.

Time

of execution

(5) A

warrant issued under this

section may be executed only between 8 a.m. and 8

p.m., unless the warrant specifies otherwise.

Other

matters

(6) Subsections

26 (10) and (11) apply, with necessary modifications, with respect to the

exercise, under a warrant issued under this section, of the powers mentioned in

subsection (1).

Section 27 of the Act is amended by adding the following subsections:

Immediate

appointment, emergency

(7.1) Subsection

(6) does not apply in respect of a health service provider or Ontario Health

Team funded under

section 21 to provide prescribed home and community care

services that include residential accommodation, where in the Minister’s

opinion, there is an immediate threat to the health, safety or well-being of

persons receiving home and community care services at the premises owned or

operated by the provider or Team.

Not

successor employer

(7.2) The

appointment of a supervisor under this

section in respect of a health service

provider or Ontario Health Team funded under

section 21 to provide prescribed

home and community care services that include residential accommodation is not

a sale of a business for the purposes of

section 9 of the Employment

Standards Act, 2000 ,

section 69 of the Labour

Relations Act, 1995 or

section 13.1 of the Pay

Equity Act .

employers

(7.3) If

a supervisor is appointed under this section,

(

a) no

person is entitled to make an application under subsection 1 (4) of the Labour Relations Act, 1995 ; and

(

b) the

supervisor and the health service provider or Ontario Health Team funded under

section 21 to provide prescribed home and community care services that include

residential accommodation shall not be treated as one employer under

section 4

of the Employment Standards Act, 2000 .

Subclause 29 (2) (a) (iv) of the Act is repealed and the following substituted:

(iv) home

and community care services,

The Act is amended by adding the following Part.

Part

V.1

Enforcement and Penalties

Obstruction

prohibited

43.1 No person or entity

shall, or shall attempt to, hinder, obstruct or interfere with an investigator

in the exercise of the investigator’s powers or the performance of their duties

under this Act.

False

information

43.2

(1) No

person or entity shall orally, in writing or electronically, give or furnish by

any means false or misleading information to an investigator who is conducting

an investigation under this Act.

Same

(2) No

person or entity shall include false or misleading information in any plans,

reports, financial statements, including audited financial statements, and

other information that is required to be provided to the Agency under

section

Refusal

to provide information

43.3 No person or entity

shall refuse to provide,

(

a) information

to an investigator who is conducting an investigation under this Act; or

(

b) anything

that the Agency has required to be provided under

section 25.

Misuse

of terms

43.4 No person or entity

shall use or represent themselves as being entitled to use the title “Ontario

Health Team” or an abbreviation of that title, an equivalent in another

language or a title that could reasonably be confused with that title unless,

(

a) they

have been designated as an Ontario Health Team under

section 29; or

(

b) they

have received a written authorization from the Minister authorizing the use of

the title “Ontario Health Team”.

Compliance

orders

43.5

(1) If the

Minister has grounds to believe that a person or entity has failed to comply

with

section 43.1, 43.2, 43.3 or 43.4, the Minister may make an order requiring

the person or entity to do anything, or refrain from doing anything, to correct

the non-compliance.

Submissions

(2) The

person or entity to whom the order is directed may, within 14 days after the

order is served, provide submissions to the Minister as to how they are, in

fact, in compliance with the prohibition or as to the actions they have taken

to come within compliance.

Reconsideration

by Minister

(3) After

considering the submissions, the Minister shall confirm or rescind the

compliance order and serve on the person or entity a notice of the decision.

Compliance

(4) A

person or entity to whom a compliance order is directed shall comply with it

unless the Minister rescinds it.

Service

(5) Any

notice, order or other document under this

section is sufficiently served on a

person or entity if it is,

(

a) served

personally on the person or entity or on a person who appears to be engaged in

the administration, operation or control of the place of business of the person

or entity;

(

b) sent

by registered mail to the last known address for the place of business of the

person or entity; or

(

c) delivered

in another manner that may be prescribed.

When

service deemed made

(6) A

notice, order or other document shall be deemed to be served,

(

a) on

the day of delivery where service is made personally;

(

b) on

the third day after the day of mailing where service is made by registered

mail; and

(

c) as

provided for in the regulations if it is delivered in another manner that may

be prescribed.

Non-application

of SPPA

(7) The

Statutory Powers Procedure Act does not apply to

the making, confirmation or rescission of a compliance order under this

section.

Court

order to comply

43.6

(1) If it

appears to the Minister that a person or entity is not complying with

section

43.1, 43.2, 43.3 or 43.4 or a compliance order issued under

section 43.5, the

Minister may apply to the Superior Court of Justice, on notice to the person or

entity, for an order directing the person or entity to comply and, on the

application, the court may make the order that the court thinks fit.

Same

(2) Subsection

(1) applies in addition to the power to issue compliance orders, and the

Minister may apply for an order under that subsection directing compliance with

section 43.1, 43.2, 43.3 or 43.4 even if a compliance order has not been

issued.

Offences

43.7

(1) Every

person or entity is guilty of an offence who contravenes

section 43.1, 43.2,

43.3 or 43.4 or subsection 43.5 (4).

Officers,

directors

(2) Every

officer, director, employee and agent of a corporation who commits an offence

under this Act, for which the corporation would be liable for prosecution, is

guilty of an offence and on conviction is liable to the punishment provided for

the offence, whether or not the corporation has been prosecuted or convicted.

Act

of officer, etc.

(3) For

the purposes of this Act and the regulations,

an act or thing done or omitted

to be done by an officer, director, employee or agent of a corporation in the

course of their employment or in the exercise of their powers or in the

performance of their duties is deemed to also be

an act or thing done or

omitted to be done by the corporation.

General

penalty, individual

43.8

(1) An

individual convicted of an offence under this Act is liable to,

(

a) for

a first offence, to a fine of not more than $50,000 or to imprisonment for a

term of not more than 12 months, or to both; and

(

b) for

a subsequent offence, to a fine of not more than $100,000 or to imprisonment

for a term of not more than 12 months, or to both.

Same,

corporation

(2) A

corporation convicted of an offence under this Act is liable to a fine of not

more than $100,000 for a first offence and to a fine of not more than $500,000

for a subsequent offence.

Other

conditions in probation order

(3) Despite

clause 72 (3) (

c) of the Provincial Offences Act ,

the court that convicts a person of an offence under this Act may prescribe

conditions described in that clause even though the offence is not punishable

by imprisonment.

limitation

(4) Section

76 of the Provincial Offences Act does not apply to

a prosecution under this Act.

Compliance

order not necessary

(5) A

person or entity may be prosecuted for failing to comply with

section 43.1,

43.2, 43.3 or 43.4 whether or not a compliance order has been made in respect

of the alleged contravention.

Copy

of order

(6) In

a prosecution for failing to comply with a compliance order, a copy of the

order that appears to have been signed by the Minister is evidence of the order

and the facts contained in it without proof of the signature.

Presiding

judge

(7) The

Attorney General or an agent of the Attorney General may, by notice to the

clerk of the Ontario Court of Justice, require that a provincial judge preside

over a proceeding in respect of a prosecution under this Act.

Publication

of enforcement information

43.9

(1) The

Minister may publish on a website, or otherwise make available to the public,

(

a) with

respect to a compliance order issued under

section 43.5 or a court order issued

under

section 43.6,

(

i) the

name of the person or entity to whom the order is directed,

(ii)

the date of the order, and

(iii) a

description of the non-compliance that gave rise to the order; and

(

b) with

respect to a person who is convicted of an offence under this Act,

(

i) the

name of the person,

(ii) a

description of the offence,

(iii) the

date of the conviction, and

(iv) the

person’s sentence.

Limitation

(2) The

Minister shall not act under subsection (1) with respect to a compliance order

unless,

(

a) at

least 14 days have elapsed since the Minister served the order and the person

to whom the order is directed has not provided submissions under subsection

43.5 (2), or

(

b) the

Minister has confirmed the order under subsection 43.5 (3).

Compliance

with FIPPA

(3) Any

action taken by the Minister in compliance with this

section shall be deemed to

be in compliance with clause 42 (1) (

e) of the Freedom of

Information and Protection of Privacy Act .

The Act is amended by adding the following Part:

Part

V.2

Home and Community Care Complaints and Appeals

Complaints

43.10 A health service

provider or Ontario Health Team that is funded under

section 21 to provide home

and community care services shall establish a process for reviewing complaints

respecting such services that are made to it in accordance with the prescribed

requirements.

Appeal

of decision

43.11 A person may appeal to

the Appeal Board a prescribed decision of the health service provider or

Ontario Health Team concerning a complaint if the prescribed requirements are

met.

Hearing

43.12 If a person appeals a

decision of the health service provider or Ontario Health Team to the Appeal

Board in accordance with the prescribed requirements, the Appeal Board shall

promptly appoint a time and place for a hearing in accordance with prescribed

requirements.

Health Insurance Act applies

43.13 Subsections 23 (1),

(2), (4) and (6) of the Health Insurance Act apply

to the proceedings and decisions of the Appeal Board under this Act.

Decision

of Appeal Board

43.14 After a hearing by the

Appeal Board under this Part the Appeal Board may,

(

a) affirm

the decision of the health service provider or Ontario Health Team;

(

b) rescind

the decision of the health service provider or Ontario Health Team and refer

the matter back to the provider or Team for a new decision in accordance with

such directions as the Appeal Board considers appropriate; or

(

c) rescind

the decision of the health service provider or Ontario Health Team, substitute

its opinion for that of the provider or Team and direct the provider or Team to

implement the decision of the Appeal Board in accordance with such directions

as the Appeal Board considers appropriate.

Decision

final

43.15 A decision of the

Appeal Board under this

Part is final and binding and is not subject to further

appeal.

(1) Subsection 48 (1) of the Act is amended by adding the following clause:

(e.1) respecting

and governing the provision and funding of home and community care services for

the purposes of this Act, including governing standards and requirements with

respect to home and community care services, and defining or clarifying the

meaning of “home and community care service” and related expressions for the

purposes of this Act or the regulations or any provision of this Act or the

regulations;

(2) Clause

48 (1) (

n) of the Act is repealed and the following substituted:

(

n) governing

transitional

or similar

matters that may arise due to the enactment of this Act or any amendments,

repeals or revocations made by The People’s Health Care

Act, 2019 or the Connecting People to Home and

Community Care Act, 2020 including, without in any way limiting the

generality of the foregoing, clarifying the application of any provisions and

governing situations where a provision has been repealed or revoked and a

related provision has not;

Commencement

(1) Subject to subsections (2) and (3), this

Schedule comes into

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

(2) Subsection

1 (2) comes into force on the later of the day

section 1 of

Schedule 30 to the Plan to Build Ontario Together Act, 2019 comes into force

and the day the Connecting People to Home and Community

Care Act, 2020 receives Royal Assent.

(3) Subsections

1 (3) and (4) and sections 2 and 10 come into force on the day the Connecting People to Home and Community Care Act, 2020

receives Royal Assent.

Schedule 2

Ministry of Health and Long-Term Care Act

Subsection 6 (1) of the Ministry of Health and Long-Term

Care Act is amended by adding the following paragraph:

4.1 To

enter into agreements with Indigenous organizations to provide for home and

community care services for Indigenous communities.

(1) The Act is amended by adding the following section:

Subrogation

11.2

(1) If a

person suffers personal injuries as the result of the negligence or other

wrongful act or omission of another, the Minister is subrogated to the right of

the injured person to recover the costs incurred and that will probably be

incurred for the following:

1. Home

and community care services for which funding is provided under

section 21 of

the Connecting Care Act, 2019 .

2. Long-term

care services provided to the person by a licensee under the Long-Term Care Homes Act, 2007 .

3. Community

services for which funding is provided under

section 19 of the Local Health System

Integration Act, 2006 .

Direct

cause of action

(2) If

the Minister has paid for services referred to in subsection (1) as a result of

the negligence or other wrongful act or omission of a person, the Minister has

a right, independent of the Minister’s subrogated right under subsection (1), to

recover, directly against that person, the costs for the services that have

been incurred in the past and that will probably be incurred in the future as a

result of the negligence or the wrongful act or omission.

Application

of Health Insurance Act

(3) Subject

to any regulations that may be made under subsection (6) of this section, sections

30 to 35 and

section 36.0.1 of the Health Insurance Act

and the regulations made under that Act with respect to subrogation apply,

subject to necessary modifications, to the subrogated right and right of direct

recovery created under this section.

Personal

information

(4) The

Minister may collect, directly or indirectly, personal information for the

purpose of enforcing the right to which the Minister is subrogated under

subsection (1) or has under subsection (2).

Authorized

to disclose

(5) For

the purposes of enabling the Minister to collect personal information under

subsection (4), a person or entity that provides a service referred to in

subsection (1) or an institution subject to the Freedom of

Information and Protection of Privacy Act or the Municipal

Freedom of Information and Protection of Privacy Act is authorized to

disclose the personal information to the Minister, and such disclosure is

deemed authorized under the Personal Health Information

Protection Act, 2004 , Freedom of Information and

Protection of Privacy Act or Municipal Freedom of

Information and Protection of Privacy Act , as the case may be.

Regulations

(6) The

Lieutenant Governor in Council may make any regulations that the Lieutenant

Governor in Council considers necessary or advisable governing or clarifying

the application of this section.

Definition

(7) In

this section,

“personal

information” means personal information as defined in the Freedom

of Information and Protection of Privacy Act and includes personal

health information as defined in the Personal Health

Information Protection Act, 2004 .

(2) Paragraph

3 of subsection 11.2 (1) of the Act, as enacted by subsection (1), is repealed.

Commencement

This

Schedule comes into force on a day to be named by

proclamation of the Lieutenant Governor.

Schedule 3

Home Care and Community Services Act, 1994, Repeal and consequential

Care and Community Services Act, 1994

(1) The Home Care and Community Services Act,

1994 is repealed on a day to be named by proclamation of the Lieutenant

Governor.

(2) A

proclamation under subsection (1) may provide for the repeal of one or more

provisions of the Act at different times, and proclamations may be issued at

different times with respect to any of those provisions.

Excellent

Care for All Act, 2010

(1) The definition of “health sector organization” in

section 1 of

the Excellent Care for All Act, 2010 is amended by

adding the following clause:

(

b) a

health service provider or Ontario Health Team that is provided for in the

regulations and that provides a prescribed home and community care service

pursuant to funding under

section 21 of the Connecting

Care Act, 2019 ,

(2) Subclause

(c.1) (

i) of the definition of “health sector organization” in

section 1 of the

Act is repealed and the following substituted:

(

i) a

prescribed home and community care service that is provided by a local health

integration network,

(3) Subclause

(c.1) (

i) of the definition of “health sector organization” in

section 1 of the

Act, as re-enacted by subsection (2), is repealed.

(4) Sub-subclause

(c.1) (ii) (

B) of the definition of “health sector organization” in

section 1

of the Act is repealed.

(5) Subclause

(c.1) (ii) of the definition of “health sector organization” in

section 1 of

the Act is amended by adding the following sub-subclause:

(B.1) a

supportive housing program funded by the Ministry of Health or a supportive

housing program that includes a home and community care service funded by the

Agency under

section 21 of the Connecting Care Act, 2019 ,

(6) Sub-subclause

(c.1) (ii) (

D) of the definition of “health sector organization” in

section 1

of the Act is repealed and the following substituted:

(

D) an

adult day program that is provided under the Home Care and

Community Services Act, 1994 , an adult day program that is provided or

arranged by a local health integration network, or a home and community care

service that is an adult day program funded by the Agency under

section 21 of

the Connecting Care Act, 2019 , or

(7) Sub-subclause

(c.1) (ii) (

D) of the definition of “health sector organization” in

section 1

of the Act, as re-enacted by subsection (6), is repealed and the following

substituted:

(

D) an

adult day program that is provided by a local health integration network or a

home and community care service that is an adult day program funded by the

Agency under

section 21 of the Connecting Care Act, 2019 ,

(8) The

definition of “patient or former patient” in subsection 13.1 (9) of the Act is

amended by adding the following clause:

(

c) a

person who receives or has received services from a health service provider or

an Ontario Health Team described in clause (

b) of the definition of “health

sector organization” in

section 1,

(9) Clause

(c.1) of the definition of “patient or former patient” in subsection 13.1

(9) of the Act is repealed.

Health

Care Consent Act, 1996

Subsection 76 (2) of the Health Care Consent Act, 1996

is amended by striking out “subsections 33 (2), (3) and (4) of the Home Care and Community

Services Act, 1994 (withholding record of personal health information)”.

Health

Protection and Promotion Act

(1) Paragraph 2 of the definition of “health care provider or health

care entity” in subsection 77.7 (6) of the Health

Protection and Promotion Act is repealed.

(2) The

definition of “health care provider or health care entity” in subsection 77.7

(6) of the Act is amended by adding the following paragraph:

3. A

health service provider or Ontario Health Team that provides a home and

community care service pursuant to funding under

section 21 of the Connecting Care Act, 2019 , including a person or entity

from whom the provider or Team has purchased the home or community care

service.

Local

Health System Integration Act, 2006

(1) The definition of “health service provider” in subsection 2

(2) of the Local Health System Integration Act, 2006 is

amended by adding the following paragraph:

8.1. A

not-for-profit entity that provides home and community care services.

(2) Section

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

Exclusion,

home and community care services

(5) A

person or entity that provides a home and community care service that has been

purchased by a local health integration network is not a health service

provider within the meaning of this Act in respect of the provision of the

purchased service.

(3) Section

5 of the Act is amended by striking out “to plan, fund and integrate the local

health system to achieve the purpose of this Act, including” at the end of the

portion before clause (a).

(4) Clause

5 (m.2) of the Act is repealed and the following substituted:

(m.2) to

manage the placement of persons into long-term care homes, supportive housing

programs, chronic care and rehabilitation beds in hospitals, other programs and

places where community services are provided under the Home

Care and Community Services Act, 1994 , and other programs and places

where home and community care services are provided pursuant to funding under

section 21 of the Connecting Care Act, 2019 ;

(5) Clause

5 (m.2) of the Act, as re-enacted by subsection (4), is repealed and the

following substituted:

(m.2) to

manage the placement of persons into long-term care homes, supportive housing

programs, chronic care and rehabilitation beds in hospitals, and other programs

and places where home and community care services are provided pursuant to

funding under

section 21 of the Connecting Care Act, 2019 ;

(6) Subsection

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

Geographic

restrictions for homecare services

(2) For

greater certainty, subsection (1) applies to a service accountability agreement

in respect of funding provided by a local health integration network for the

delivery of services by a health service provider under

section 20, but it does

not apply to,

(

a) any

agreement between a local health integration network and a service provider under

the Home Care and Community Services Act, 1994 that

requires the health service provider to deliver services in the geographic area

or a sub-region of the network; or

(

b) any

agreement between a local health integration network and a health service provider

that provides home and community care services that requires the health service

provider to deliver services in the geographic area or a sub-region of the

network.

(7) Subsection

20.1 (2) of the Act, as re-enacted by subsection (6), is repealed and the

following substituted:

Geographic

restrictions for homecare services

(2) For

greater certainty, subsection (1) applies to a service accountability agreement

in respect of funding provided by a local health integration network for the

delivery of services by a health service provider under

section 20, but it does

not apply to any agreement between a local health integration network and a

health service provider that provides home and community care services that

requires the health service provider to deliver services in the geographic area

or a sub-region of the network.

Mental

Health and Addictions Centre of Excellence Act, 2019

(1) The definition of “integrated care delivery system” in

section 2

of the Mental Health and Addictions Centre of Excellence

Act, 2019 is repealed.

(2) Section

2 of the Act is amended by adding the following definition:

“Ontario

Health Team” means an Ontario Health Team within the meaning of the Connecting Care Act, 2019 ; (“équipe Santé Ontario)

(3) Paragraph

4 of subsection 4 (2) of the Act is amended by striking out “integrated care

delivery systems” and substituting “Ontario Health Teams”.

Ministry

of Health and Long-Term Care Appeal and Review Boards Act, 1998

(1) Paragraph 8 of subsection 6 (1) of the Ministry

of Health and Long-Term Care Appeal and Review Boards Act, 1998 is

repealed.

(2) Subsection

6 (1) of the Act is amended by adding the following paragraph:

2. The

Connecting Care Act, 2019 .

Personal

Health Information Protection Act, 2004

(1) Clause (

e) of the definition of “health care” in

section 2 of

the Personal Health Information Protection Act, 2004

is repealed.

(2) The

definition of “health care” in

section 2 of the Act is amended by adding the

following clause:

(

f) a

home and community care service that is funded under

section 21 of the Connecting Care Act, 2019 ,

(3) Paragraph

2 of the definition of “health information custodian” in subsection 3 (1) of

the Act is repealed.

(4) The

definition of “health information custodian” in subsection 3 (1) of the Act is

amended by adding the following paragraph:

3. A

health service provider or person or entity that is part of an Ontario Health

Team and that provides a home and community care service pursuant to funding

under

section 21 of the Connecting Care Act, 2019 ,

including a person or entity from whom the provider or Team has purchased the

home or community care service.

(5) Paragraph

1 of subsection 3 (3) of the Act is amended by striking out “paragraph 1, 2 or

5” and substituting “paragraph “1, 2, 3 or 5”.

(6) Paragraph

1 of subsection 3 (3) of the Act, as amended by subsection (5), is amended by

striking out “paragraph “1, 2, 3 or 5”. and substituting “paragraph 1, 3 or 5”.

(7) Clause

(

c) of the definition of “personal health information” in subsection 4 (1) of

the Act is repealed.

(8) The

definition of “personal health information” in subsection 4 (1) of the Act is

amended by adding the following clause:

(c.1) is

a plan that sets out the home and community care services for the individual to

be provided by a health service provider or Ontario Health Team pursuant to

funding under

section 21 of the Connecting Care Act, 2019 ,

(9) Subsection

20 (2) of the Act is amended by striking out “paragraph 1, 2 or 4” and

substituting “paragraph 1, 2, 3 or 4”.

(10) Subsection

20 (2) of the Act, as amended by subsection (9), is amended by striking out

“paragraph 1, 2, 3 or 4” and substituting “paragraph 1, 3 or 4”.

(11) Subsection

20 (3) of the Act is amended by striking out “paragraph 1, 2 or 4” and

substituting “paragraph 1, 2, 3 or 4”.

(12) Subsection

20 (3) of the Act, as amended by subsection (11), is amended by striking out

“paragraph 1, 2, 3 or 4” and substituting “paragraph 1, 3 or 4”.

(13) Clause

38 (1) (

a) of the Act is amended by striking out “paragraph 1, 2 or 4” and

substituting “paragraph 1, 2, 3 or 4”.

(14) Clause

38 (1) (

a) of the Act, as amended by subsection (13), is amended by striking

out “paragraph 1, 2, 3 or 4” and substituting “paragraph 1, 3 or 4”.

(15) Subclause

39 (1) (d) (

i) of the Act is amended by striking out “paragraph 1, 2 or 4” and

substituting “paragraph 1, 2, 3 or 4”.

(16) Subclause

39 (1) (d) (

i) of the Act, as amended by subsection (15), is amended by

striking out “paragraph 1, 2, 3 or 4” and substituting “paragraph 1, 3 or 4”.

(17) Subsection

52 (4) of the Act is repealed and the following substituted:

and community care service information

(4) Despite

subsection (1), a health information custodian shall not refuse to grant the

individual access to his or her plan of service within the meaning of the Home Care and Community Services Act, 1994 or to the

individual’s personal health information that is described in clause (c.1) of

the definition of “personal health information” in subsection 4 (1) of this

Act.

(18) Subsection

52 (4) of the Act, as re-enacted by subsection (17), is repealed and the

following substituted:

and community care service information

(4) Despite

subsection (1), a health information custodian shall not refuse to grant the

individual access to the individual’s personal health information that is described

in clause (c.1) of the definition of “personal health information” in

subsection 4 (1).

Private

Hospitals Act

The definition of “private hospital” in

section 1 of the Private

Hospitals Act is amended by adding the following clause:

(

b) a

premises owned or operated by a health service provider or Ontario Health Team funded

under

section 21 of the Connecting Care Act, 2019

to provide home and community care services prescribed under that Act that

include residential accommodation at the premises,

Commencement

(1) Subject to subsection (2), this

Schedule comes into force on a

day to be named by proclamation of the Lieutenant Governor.

(2) Sections

1 and 6 come into force on the day the Connecting People

to Home and Community Care Act, 2020 receives Royal Assent.

Bill 175 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for

new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

Schedule 1

Connecting Care Act, 2019

The

Connecting Care Act, 2019 is amended to replace

references to “integrated care delivery systems” with references to “Ontario

Health Teams”.

Ontario

Health (“the Agency”) is authorized to provide funding to a health service

provider or Ontario Health Team for the purpose of the provider or Team

providing funding to or on behalf of an individual to purchase home and

community care services.

Ontario

Health Teams, health service providers and contracted service providers are

prohibited from charging for home and community care services, except as

provided for in the regulations.

The

Act is amended to include additional investigation powers that would only apply

to prescribed home and community care services that include residential

accommodation at the premises. These additional powers would allow an

investigator to enter a dwelling in specified circumstances. A justice of the

peace may issue a warrant to enter a dwelling if the justice of the peace is

satisfied on information under oath or affirmation that the investigator was

prevented from entering the dwelling.

Section

27 of the Act is amended to provide that the notice requirement before

appointing a supervisor does not apply to a health service provider or Ontario

Health Team that provides prescribed home and community care services that

include residential accommodation, where in the Minister’s opinion, there is an

immediate threat to the health, safety, or well-being of persons receiving home

and community care services at the premises owned or operated by the provider

or Team. This

section would also specify that certain provisions of the Employment Standards Act, 2000 , Labour

Relations Act, 1995 and the Pay Equity Act

do not apply when a supervisor is appointed under this section.

new

Part V.1 is added to the Act which contains enforcement and penalty

provisions. It is prohibited to obstruct or interfere with an investigator, to

provide false information, to refuse to provide information as required under

the Act and to fail to comply with an order made under this Part. It is also

prohibited for a person or entity to represent themselves as an “Ontario Health

Team”, unless they have been designated as an Ontario Health Team under

section

29 of the Act or have received written authorization from the Minister to use

the title “Ontario Health Team”. This Part would also confer authority on the Minister

to issue binding compliance orders or to make an application to the Superior

Court of Justice for an order directing the person or entity to comply with

this Part. It would also set out procedural requirements, offence and penalty