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Bill 92, Transparent and Accountable Health Care Act, 2023

Gélinas, France

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Status

Debates

Original

Bill 92 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Transparent and Accountable Health Care

Act, 2023 .

Under

the Act, major health sector organizations (which are persons or entities that

receive at least $1 million in public funds from the Ministry of Health in a

year) are required to comply with the Broader Public

Sector Executive Compensation Act, 2014 and with the Public Sector Salary Disclosure Act, 1996 . These

organizations are also deemed to be governmental organizations for the purposes

of the Ombudsman Act . The Auditor General of

Ontario is authorized to audit any aspect of their operations.

The

same requirements apply with respect to publicly-funded suppliers. A

publicly-funded supplier is a person or entity that receives directly or

indirectly at least $1 million in public funds in a year from major health

sector organizations or from other publicly-funded suppliers.

Bill 92 2023

Act to promote transparency and accountability in the funding of health care

services in Ontario

His

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

Province of Ontario, enacts as follows:

Purpose

The

purpose of this Act is to promote transparency and accountability in the

funding of health care services in Ontario by ensuring that certain persons and

entities that receive public funds directly or indirectly are covered by

legislative requirements relating to accountability and transparency.

Definitions

this Act,

“fiscal

year” means the fiscal year of the Province of Ontario; (“exercice”)

“public

funds” means public funds as defined in the Broader Public

Sector Accountability Act, 2010 . (“fonds publics”)

Major

health sector organizations

(1) For

the purposes of this Act, a person or entity is a major health sector

organization if that person or entity receives at least $1 million in public

funds from the Ministry of Health in a fiscal year that begins on or after

April 1, 2024.

Same

(2) For

example, the following may be major health sector organizations:

1. Boards

of health.

2. Designated

air ambulance service providers within the meaning of the Ambulance

Act .

3. Hospitals.

4. Independent

health facilities within the meaning of the Independent

Health Facilities Act .

5. Ontario

Health and any organizations that are part of Ontario Health.

6. Long-term

care homes.

7. Out-of-hospital

premises.

8. Group

purchasing organizations.

Public

funds

(3) For

the purposes of subsection (1), a person or entity receives public funds from

the Ministry of Health if the funds are received as a grant or transfer payment

or through another funding arrangement.

Interpretation

(4) For

greater certainty, subsection (1) includes a person or entity that carries on

business for profit.

Publicly-funded

suppliers

(1) For

the purposes of this Act, a person or entity is a publicly-funded supplier if

the person or entity receives, in the aggregate, at least $1 million in public

funds directly or indirectly from one or more major health sector organizations

or other publicly-funded suppliers in a fiscal year that begins on or after

April 1, 2024.

Public

funds

(2) For

the purposes of subsection (1), a person or entity receives public funds if the

funds are received from a major health sector organization or publicly-funded

supplier, directly or indirectly,

(

a) through

a grant or transfer payment or other funding arrangement;

(

b) for

the provision of goods or services;

(

c) under

a fee for service arrangement; or

(

d) by

way of a loan or loan guarantee.

Interpretation

(3) For

greater certainty, subsection (1) includes a person or entity that carries on

business for profit.

Application

of Broader Public Sector Executive Compensation Act, 2014

(1) If

a major health sector organization or a publicly-funded supplier is not a

designated employer under the Broader Public Sector

Executive Compensation Act, 2014 , it is deemed to be a

designated employer for the purposes of the application of that Act.

Restriction

(2) Subsection

(1) applies in respect of the first fiscal year that begins on or after April

1, 2024 in which the major health sector organization or publicly-funded supplier

receives at least $1 million in public funds, and in respect of every fiscal

year thereafter.

Application

of Ombudsman Act

(1) If

a major health sector organization or a publicly-funded supplier is not a

governmental organization under the Ombudsman Act ,

it is deemed to be a governmental organization for the purposes of the

application of that Act.

Restriction

(2) Subsection

(1) applies in respect of the first fiscal year that begins on or after April

1, 2024 in which the major health sector organization or publicly-funded

supplier receives at least $1 million in public funds, and in respect of every

fiscal year thereafter.

Application

of Public Sector Salary Disclosure Act, 1996

(1) If

a major health sector organization or a publicly-funded supplier is not an

employer under the Public Sector Salary Disclosure Act,

1996 , it is deemed to be an employer for the purposes of the application

of that Act.

Restriction

(2) Subsection

(1) only applies in respect of fiscal years in which the major health sector

organization or publicly-funded supplier receives at least $1 million in public

funds.

Authority

of the Auditor General

(1) The

Auditor General may, at any time, audit any aspect of the operations of a major

health sector organization or a publicly-funded supplier.

Restriction

(2) Subsection

(1) only applies in respect of fiscal years in which the major health sector

organization or publicly-funded supplier receives at least $1 million in public

funds.

Regulations

The

Lieutenant Governor in Council may make any regulations the Lieutenant Governor

in Council considers necessary or advisable to carry out the intent and purpose

of this Act.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Transparent and

Accountable Health Care Act, 2023 .

Date Bill stage Event Outcome Committee

April 3, 2023

First Reading

Ordered for Second Reading

April 3, 2023

First Reading

Vote

Carried

First Reading

April 3, 2023

Carried

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