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Bill 227, Public Health Accountability Act (In Honour of Dr. Sheela Basrur), 2020

Gélinas, France

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Acts affected

Original

Bill 227 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Health Protection and Promotion Act

to make the Chief Medical Officer of Health an officer of the Assembly and to

provide for various related matters, including specifying the manner in which

the Chief Medical Officer of Health may be appointed or removed from office, as

well as the appointment of a temporary Chief Medical Officer of Health in

specific circumstances. Consequential amendments are made to

section 81.1,

respecting the position of Associate Chief Medical Officer of Health. The Act

is also amended to provide for the appointment of a select committee in the

event of a declaration of an emergency under the Emergency

Management and Civil Protection Act that relates to a public health

event or a pandemic or may have health impacts anywhere in Ontario. The mandate

of the select committee consists of receiving advice from, and providing

advice to, the Chief Medical Officer of Health with respect to the situation

that gave rise to the declaration of emergency. Finally,

section 86.3 of the

Act is repealed.

Bill 227 2020

Act to amend the Health Protection and Promotion Act with respect to the

positions of Chief Medical Officer of Health and Associate Chief Medical

Officer of Health and related matters

Her

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

Province of Ontario, enacts as follows:

Subsections 81 (1) to (1.3) of the Health Protection and

Promotion Act are repealed and the following substituted:

Chief

Medical Officer of Health

(1) There

shall be a Chief Medical Officer of Health who is an officer of the Assembly.

Subsections 81.1 (4) and (5) of the Act are repealed and the following

substituted:

Functions,

duties, etc.

(4) An

Associate Chief Medical Officer of Health shall perform such functions and

duties as the Chief Medical Officer of Health may specify in writing.

The Act is amended by adding the following sections:

Appointment

81.1.1

(1) The

Assembly shall, by order, appoint the Chief Medical Officer of Health.

Selection

by panel

(2) Unless

decided otherwise by unanimous consent of the Assembly, an order shall be made

under subsection (1) only if the person to be appointed has been selected by

unanimous agreement of a panel composed of one member of the Assembly from each

recognized party and, if there are independent members in the Assembly, one

independent member, chaired by the Speaker who is a non-voting member.

Term

of office

81.1.2

(1) The Chief

Medical Officer of Health shall hold office for a term of five years and may be

reappointed for one further term of five years.

Selection

by panel

(2) Subsection

81.1.1 (2) applies with respect to a reappointment under subsection (1) of this

section.

Continuation

in office

(3) By

order of the Assembly, the Chief Medical Officer of Health may continue to hold

office after expiry of their term of office until a temporary Chief Medical

Officer of Health is appointed or until a successor is appointed.

Removal

or suspension

81.1.3

(1) The

Assembly may, by order passed by a vote of at least two thirds of the members

of the Assembly, remove or suspend the Chief Medical Officer of Health from

office for cause.

Suspension

if Assembly not in session

(2) If

the Assembly is not in session, the Board of Internal Economy may on unanimous

agreement suspend the Chief Medical Officer of Health for cause.

Duration

of suspension

(3) A

suspension under subsection (1) continues until revoked by order of the

Assembly or until the Chief Medical Officer of Health is removed from office

pursuant to subsection (1).

Same

(4) Unless

the Board of Internal Economy revokes the suspension before the next sitting of

the Assembly, a suspension under subsection (2) continues until revoked by

order of the Assembly or until the Chief Medical Officer of Health is removed

from office pursuant to subsection (1).

Same

(5) Despite

subsection (4), no suspension imposed under subsection (2) continues past the

20th sessional day of the next sitting of the Assembly.

Report

to Assembly

(6) The

Board of Internal Economy shall report to the Assembly any action taken under

subsections (2) and (4) at the earliest opportunity of the next sitting of the

Assembly.

Meaning

of “not in session”

(7) For

the purposes of this

section and sections 81.1.5 and 81.1.7, the Assembly is

not in session when it is,

(

a) prorogued;

(

b) adjourned

for an indefinite period or to a day that is more than seven days after the

date on which the Assembly was adjourned.

Salary

and benefits

81.1.4

(1) The

Board of Internal Economy shall determine the salary and benefits of the Chief

Medical Officer of Health.

Pension

plan

(2) Subject

to subsections (3) and (4), the Chief Medical Officer of Health is a member of

the Public Service Pension Plan.

Notice

re pension plan

(3) Within

60 days after his or her appointment takes effect, the Chief Medical Officer of

Health may notify the Speaker in writing that he or she elects not to be a

member of the Public Service Pension Plan.

Same

(4) If

the Chief Medical Officer of Health gives notice of their election to the

Speaker in accordance with subsection (3), the election is irrevocable and is

deemed to have taken effect when the appointment took effect.

Expenses

(5) Subject

to the approval of the Board of Internal Economy, the Chief Medical Officer of

Health is entitled to be reimbursed for reasonable expenses that he or she

incurs in respect of anything done under this Act.

Temporary

Chief Medical Officer of Health

81.1.5

(1) If the Chief

Medical Officer of Health is unable to fulfil the duties of his or her office

or if the office becomes vacant, the Assembly may, by order, appoint a

temporary Chief Medical Officer of Health.

Selection

by panel

(2) Unless

decided otherwise by unanimous consent of the Assembly, an order shall be made

under subsection (1) only if the person to be appointed has been selected by

unanimous agreement of a panel composed of one member of the Assembly from each

recognized party and, if there are independent members in the Assembly, one

independent member, chaired by the Speaker who is a non-voting member.

Appointment

if Assembly not in session

(3) If,

while the Assembly is not in session, the Chief Medical Officer of Health is

unable to fulfil the duties of his or her office or the office becomes vacant,

the Board of Internal Economy may appoint a temporary Chief Medical Officer of

Health.

Powers,

salary and benefits

(4) A

temporary Chief Medical Officer of Health shall have the powers and duties of

the Chief Medical Officer of Health and shall be paid a salary and benefits

determined by the Board of Internal Economy and, subject to the approval of the

Board, be reimbursed for reasonable expenses that he or she incurs in respect

of anything done under this Act.

Duration

of office

(5) A

temporary Chief Medical Officer of Health shall hold office until,

(

a) the

Chief Medical Officer of Health is able to fulfil the duties of the office,

where the appointment resulted from the Chief Medical Officer of Health being

unable to do so;

(

b) where

the appointment resulted from a suspension of the Chief Medical Officer of

Health, the suspension is revoked by order of the Assembly, by the Board of

Internal Economy under subsection 81.1.3 (4) or by operation of subsection 81.1.3

(5);

(

c) the

Assembly appoints a different temporary Chief Medical Officer of Health under

subsection (1); or

(

d) the

Assembly appoints a Chief Medical Officer of Health under

section 81.1.1.

Subsequent

appointment not prohibited

81.1.6 A person who continues

his or her first term as Chief Medical Officer of Health under subsection 81.1.2

(3) or who is appointed as a temporary Chief Medical Officer of Health is not

prohibited from a subsequent appointment as Chief Medical Officer of Health under

section 81.1.1 and, in the case of such an appointment, the previous time in

office does not count toward the term of office set out in subsection 81.1.2

(1).

Restrictions

re other work, etc.

81.1.7

(1) The

Chief Medical Officer of Health shall not be a member of the Assembly and shall

not, without prior approval by the Assembly, or by the Board of Internal

Economy when the Assembly is not in session, hold any other office or

employment.

Exception

(2) Despite

subsection (1), the Chief Medical Officer of Health may hold more than one

office to which he or she has been appointed by the Assembly or the Board of

Internal Economy.

Oath

of office

81.1.8 Before beginning the

duties of their office, the Chief Medical Officer of Health shall take an oath or

affirmation to faithfully and impartially exercise the functions of the office.

Nature

of office

81.1.9

(1) The Chief

Medical Officer of Health holds office for a fixed term.

Notice

not required

(2) No

notice to the Chief Medical Officer of Health is required before the expiry of

the Chief Medical Officer of Health’s term of office.

Transition

81.1.10

(1) The

Chief Medical Officer of Health in office immediately before the day the Public Health Accountability Act (In Honour of Dr. Sheela

Basrur), 2020 receives Royal Assent is deemed to be in the first term of

his or her appointment and shall continue to hold office for the remainder of

the term.

Same

(2) For

greater certainty, the time that the Chief Medical Officer of Health referred

to in subsection (1) served prior to the day the Public

Health Accountability Act (In Honour of Dr. Sheela Basrur), 2020

receives Royal Assent is counted as part of the Chief Medical Officer of

Health’s first term.

Select

Committee if health emergency declared

81.1.11

(1) If an

order is made under

section 7.0.1 of the Emergency

Management and Civil Protection Act declaring that an emergency exists

throughout Ontario or in any part of Ontario and the emergency relates to a

public health event or a pandemic or may have health impacts anywhere in

Ontario, a select committee of the Assembly shall be appointed under this

section as soon as reasonably possible after the declaration of emergency.

Composition

(2) Despite

anything to the contrary in the Standing Orders, the select committee appointed

under subsection (1) shall be composed of an equal number of members from the

recognized parties in the Assembly.

Terms

of reference

(3) The

select committee shall receive advice from, and provide advice to, the Chief

Medical Officer of Health with respect to the situation that gave rise to the declaration

of emergency.

Dissolution

(4) The

select committee shall be dissolved three months after the end of the

declaration of the emergency, subject to the declaration of any subsequent

emergency referred to in subsection (1) prior to its dissolution.

Section 86.3 of the Act is repealed.

Subsection 86.4 (1) of the Act is amended by striking out “or the Chief Medical

Officer of Health” in the portion before paragraph 1 and by repealing paragraph

Commencement

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

Short

title

The

short title of this Act is the Public Health Accountability

Act (In Honour of Dr. Sheela Basrur), 2020 .

Date Bill stage Event Outcome Committee

December 2, 2020

Second Reading

Vote

Lost on division

December 1, 2020

Second Reading

Deferred vote

December 1, 2020

Second Reading

Debated

November 4, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

November 4, 2020

Committee

Second Reading

December 1, 2020

Mme France Gélinas, Mrs. Robin Martin, Ms. Bhutila Karpoche, Mr. John Fraser, Ms. Marit Stiles, Ms. Peggy Sattler, Ms. Jessica Bell, Mr. Joel Harden, Mr. Chris Glover, Mr. Jamie West, Miss Monique Taylor

Vote deferred.

December 2, 2020

Lost on division.

Committee

Third Reading

Royal Assent

Acts affected - Bill 227

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

Health Protection and Promotion Act

Legislative Assembly of Ontario

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