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Bill 283, Advancing Oversight and Planning in Ontario's Health System Act, 2021

Elliott, Christine Minister of Health

Royal Assent received. Statutes of Ontario 2021,

chapter 27

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Bill 283 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader’s aid to Bill 283 and does not form part of the law.

Bill 283 has been enacted as

Chapter 27 of the Statutes of Ontario, 2021.

Schedule

Covid-19 Vaccination Reporting Act, 2021

Persons

and entities that administer COVID-19 vaccines are required to provide certain

information to the Ministry of Health. The use that the Ministry may make of

the information is provided for.

Schedule

Health and Supportive Care Providers Oversight Authority Act, 2021

The

Schedule enacts the Health and Supportive Care Providers

Oversight Authority Act, 2021 and makes complementary amendments to

several other Acts. The major elements of the

Schedule are described below.

Part

I sets out interpretive provisions that apply to the Act.

Part

II establishes the Health and Supportive Care Providers Oversight Authority

(the “Authority”). The Authority is governed by a board composed of directors

appointed by the Lieutenant Governor in Council and directors appointed by the

members of the board. The board appoints a Chief Executive Officer to discharge

a number of duties and obligations under the Act. The objects of the Authority

include administering the Act and the regulations and governing the health

services and supportive care services provided by registrants. The Authority

must enter into a memorandum of understanding with the Minister of Health, who

is entitled to appoint a supervisor to assume control of the Authority if the

Minister considers it to be in the public interest. The Authority must comply

with policy directions issued by the Minister.

Part

III establishes the process for applying for registration with the Authority.

Applicants can apply to join the personal support worker class of registration

or any other prescribed class of registration. Applicants must meet the

prescribed criteria for registration and shall be refused registration if they

meet the prescribed prohibited grounds for registration. Refusals to register

an applicant and decisions to impose conditions on a registrant may be

submitted to the Health Professions Appeal and Review Board for a written

review.

Part

IV establishes the rules that apply to registrations. Registrations are subject

to conditions applied under the Act or the regulations and expire in accordance

with the rules set out in the Authority’s by-laws. The Chief Executive Officer

is required to establish a register of registrants and make certain information

about them available to the public. Registrants are required to report to the

Chief Executive Officer when they are found guilty of or charged with certain

offences. They are also required to make a report if they have reasonable

grounds to believe that another registrant or a member of a health profession

college has sexually abused a person who receives health services or supportive

care services. Persons who choose not to register with the Authority are not

prohibited from providing health services or supportive care services, but they

cannot hold themselves out as a registrant with the Authority or use any visual

mark or other identifier established by the Authority for registrants.

Part

V establishes the procedures for complaints and investigations. The Chief

Executive Officer may investigate complaints or may appoint investigators on

their own initiative. Investigators have a number of powers to investigate

contraventions of the Act and the regulations. The Chief Executive Officer may

take action as appropriate, which may include requiring additional training for

registrants, applying conditions to their registration or referring

contraventions of the prescribed code of ethics to the discipline committee.

Urgent interim action may also be taken in certain circumstances. The

discipline committee is established by the board to hear allegations of

contraventions of the prescribed code of conduct. They may direct the Chief

Executive Officer to revoke, suspend or impose conditions on a registration.

Their decisions may be appealed to the appeals committee, which is also

established by the board.

Part

VI sets out a number of miscellaneous provisions, including provisions

respecting fees, confidentiality, evidence and the service of documents.

Part

VII sets out offences under the Act and establishes the penalty for committing

an offence. It also empowers the court to take precautions to avoid the

disclosure of personal health information in relation to investigations and

prosecutions under the Act.

Part

VIII sets out limitations on the liability of the Authority, the Crown, and

various officers, employees, service providers, agents and other officials.

Part

IX sets out the Lieutenant Governor in Council’s power to make regulations

under the Act.

Part

X sets out amendments to the Act and complementary amendments to various other

Acts. The Fair Access to Regulated Professions and

Compulsory Trades Act, 2006 is amended so that the Authority is a

regulated profession for the purposes of that Act. The Ministry

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

amended to provide the Health Professions Appeal and Review Board with the

authority to make decisions in respect of the Authority. The Regulated Health Professions Act, 1991 is amended to

permit certain information to be communicated to the Authority and to require

members of every College to report if they have a reasonable belief that a

registrant of the Authority has sexually abused a patient. The Excellent Care for All Act, 2010 , the Quality of Care Information Protection Act, 2016 and the Personal Health Information Protection Act, 2004 are

amended to extend the application of certain provisions of those Acts to the

Authority.

Part

XI sets out the commencement and

short title of the Act set out in this

Schedule.

Schedule

Medicine Act, 1991

The

Medicine Act, 1991 is amended to provide for a

class of members of the College of Physicians and Surgeons of Ontario to be

known as “physician assistants”. Rules concerning the acts they may perform are

provided for.

Schedule

Psychology and Applied Behaviour Analysis Act, 2021

The

Psychology and Applied Behaviour Analysis Act, 2021

is enacted. The Psychology Act, 1991 is repealed,

and the College of Psychologists of Ontario is continued under the name College

of Psychologists and Behaviour Analysts of Ontario.

The

scopes of practice of psychology and applied behaviour analysis are provided

for.

Related

amendments are made to the Regulated Health Professions

Act, 1991 .

Bill 283 2021

Act to amend and enact various Acts with respect to the health system

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Covid-19

Vaccination Reporting Act, 2021

Schedule 2

Health

and Supportive Care Providers Oversight Authority Act, 2021

Schedule 3

Medicine

Act, 1991

Schedule 4

Psychology

and Applied Behaviour Analysis Act, 2021

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

a

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 Advancing

Oversight and Planning in Ontario’s Health System Act, 2021 .

Schedule 1

Covid-19 Vaccination Reporting Act, 2021

Definitions

this Act,

“information”

includes personal health information within the meaning of the Personal Health Information Protection Act, 2004 ; (“renseignements”)

“Minister”

means the Minister of Health, or such other Minister as may be assigned

responsibility for the administration of this Act under the Executive Council Act ; (“ministère”)

“Ministry”

means the Ministry of the Minister; (“ministre”)

“personal

health information” has the same meaning as in

section 4 of the Personal Health Information Protection Act, 2004 ; (“renseignements

personnels sur la santé”)

“regulations”

means the regulations made under this Act; (“règlements”)

“vaccinator”

means any person or entity who administers a vaccine to an individual in

Ontario; (“vaccinateur”)

“vaccine”

means a vaccine to protect against COVID-19. (“vaccine”)

Providing

information re individual

Every

vaccinator shall ensure that the following information is disclosed to the

Ministry in respect of every individual to whom the vaccinator administers a

vaccine and every individual to whom the vaccinator declines to administer a

vaccine, unless the individual has not supplied the information to the

vaccinator:

1. The

name or names of the individual, including a legal name, an alternate name or

an alias.

2. The

telephone number or email address of the individual.

3. The

individual’s date of birth.

4. The

individual’s sex.

5. The

individual’s health number within the meaning of the Personal

Health Information Protection Act, 2004 .

6. Any

other information provided for in the regulations.

Providing

information re vaccine

Every

vaccinator shall ensure that the following information is disclosed to the

Ministry with respect to each dose of a vaccine administered by the vaccinator:

1. Product

name and manufacturer.

2. Date

of administration.

3. Lot

number.

4. Expiry

date.

5. Dose

number for the individual it was administered to.

6. The

responsible public health unit for the geographic area in which the dose was

administered.

7. The

anatomical location of injection.

8. The

route of administration.

9. Any

other information provided for in the regulations.

Information

re vaccinator

Every

vaccinator shall ensure that the following information is disclosed to the

Ministry with respect to the vaccinator:

1. The

vaccinator’s name.

2. The

vaccinator’s contact information.

3. The

vaccinator’s professional designation and licence number.

4. Any

other information provided for in the regulations.

Use

and disclosure of reportable information by Ministry

The

Ministry shall use and disclose the information disclosed to it under sections

2, 3 and 4 in accordance with the Personal Health

Information Protection Act, 2004 and with any additional requirements

that may be provided for in the regulations.

Directives

(1) The

Minister may make directives in writing respecting the form, manner and timing

of the disclosures required under sections 2, 3 and 4, and every vaccinator to

whom a directive is directed shall comply with the directive.

Not

a regulation

(2) A

directive under this

section is not a regulation within the meaning of

Part III

(Regulations) of the Legislation Act, 2006 .

Regulations

The

Lieutenant Governor in Council may make regulations,

(

a) respecting

and governing anything that, under this Act, may be prescribed or provided for

in the regulations;

(

b) modifying

or clarifying the definition of “vaccinator” for the purposes of this Act;

(

c) respecting

how vaccinators may provide information under sections 2, 3 and 4;

(

d) providing

for exemptions from this Act or any provision of this Act, and setting

conditions on such an exemption;

(

e) generally,

for carrying out the purposes, provisions and intent of this Act.

Commencement

The Act set out in this

Schedule comes into force on the day the Advancing Oversight and Planning in Ontario’s Health System Act,

2021 receives Royal Assent.

Short

title

The

short title of the Act set out in this

Schedule is the COVID-19 Vaccination Reporting Act, 2021 .

Schedule 2

Health and Supportive Care Providers Oversight Authority Act, 2021

CONTENTS

PART I

INTERPRETATION

Interpretation

PART II

THE AUTHORITY

Establishment, Composition and

Governance

Authority

established

Composition

of Authority

Board

Interim

board

By-laws

Not

Crown agent

Corporations

Act, Corporations Information Act

Employees, Officers, Agents and

Committees

Employees

Chief

Executive Officer

Advisory

committees

Objects, Powers and Duties

Objects

Capacity,

rights, powers and privileges

Memorandum

of understanding

Accountability

Minister’s

authority to appoint supervisor

Status

of board during supervisor’s tenure

Policy

directions

Ministerial

reviews

Duty

to advise the Minister

Internal

audit

External

audit

Disclosure

of compensation and other payments

Public

interest considerations

Miscellaneous

Prohibitions

Services

in French

PART III

APPLICATIONS FOR REGISTRATION

Applications

Registration

Refusal

to register, etc.

Written

review by HPARB

PART IV

REGISTRATIONS

Conditions and the Register

Registration

subject to conditions

Expiry

of registration

Register

Reporting and Information

Reporting

by registrants re: offences

Reporting

by registrants re: charges and bail conditions, etc.

Sexual

abuse reporting

Collection

of personal information from registrants

Prohibitions on Non-Registrants

Holding

out prohibitions for non-registrants

PART V

COMPLAINTS, INVESTIGATIONS AND DISCIPLINE

Complaints and Investigations

Complaints

Appointment

of investigators

Entry

to dwellings

Entries

and searches

Copying

of documents and objects

Obstruction,

etc. prohibited

Resolution of Complaints or

Investigations and Appeals

Chief

Executive Officer actions

Urgent

interim action

Discipline

and appeals committees

Appeals

committee

Public

access to decisions

PART VI

MISCELLANEOUS

Forms

Fees,

etc.

Confidentiality

Evidence

in civil proceedings

Service

Review

of Act

PART VII

OFFENCES

Offences

Penalty

5 7.

Protection

of personal health information

PART VIII

LIABILITY OF THE AUTHORITY AND THE CROWN

personal liability, Authority officials

personal liability, Crown officials

Crown liability, persons other than Crown officials

Proceedings

barred

Interpretation,

former officials

PART IX

REGULATIONS

Regulations

PART X

AMENDMENTS TO THIS ACT AND COMPLEMENTARY AMENDMENTS TO OTHER

ACTS

Amendments

to this Act

Excellent

Care for All Act, 2010

Fair

Access to Regulated Professions and Compulsory Trades Act, 2006

Ministry

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

Personal

Health Information Protection Act, 2004

Quality

of Care Information Protection Act, 2016

Regulated

Health Professions Act, 1991

PART XI

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

Part I

Interpretation

Interpretation

(1) In this Act,

“Authority”

means the corporation without share capital incorporated under

section 2; (“Office”)

“board”

means the board of directors of the Authority; (“conseil”)

“Chief

Executive Officer” means the Chief Executive Officer of the Authority appointed

under subsection10 (1); (“directeur général”)

“memorandum

of understanding” means the memorandum of understanding described in subsection

14 (1); (“protocole d’entente”)

“Minister”

means the Minister of Health or such other member of the Executive Council as

may be assigned the administration of this Act under the Executive

Council Act ; (“ministre”)

“personal

health information” has the same meaning as in

section 4 of the Personal Health Information Protection Act, 2004 ; (“renseignements

personnels sur la santé”)

“personal

information” means personal information within the meaning of the Freedom of Information and Protection of Privacy Act ; (“renseignements

personnels”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“registrant”

means a person or individual that is registered with the Authority under this

Act; (“titulaire d’une inscription”)

“regulations”

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

Sexual

abuse

(2) In

this Act,

“sexual

abuse” of a person who receives health services or supportive care services

from a registrant means,

(

a) sexual

intercourse or other forms of physical sexual relations between the registrant

and the person,

(

b) touching,

of a sexual nature, of the person by the registrant, or

(

c) behaviour

or remarks of a sexual nature by the registrant towards the person.

Same,

exceptions

(3) For

the purposes of subsection (2),

“sexual

nature” does not include,

(

a) touching,

behaviour or remarks that are appropriate to the service provided by the

registrant, or

(

b) any

other prescribed conduct, behaviour or remarks.

Part II

The Authority

Establishment, Composition and Governance

Authority

established

2 A corporation without share capital is

established under the name Health and Supportive Care Providers Oversight

santé et de soutien in French.

Composition

of Authority

(1) The Authority is composed of the

members of its board of directors.

Same

(2) A

person ceases to be a member of the Authority when they cease to be a director of

the Authority.

Board

(1) The Authority shall have a board

of directors which shall manage or supervise the management of the affairs of

the Authority.

Composition

of board

(2) The

board shall consist of no fewer than eight and no more than 12 directors.

Appointed

directors

(3) The

Lieutenant Governor in Council may appoint directors to the board, subject to

subsection (4).

Not

majority

(4) The

Lieutenant Governor in Council shall ensure that the directors appointed by the

Lieutenant Governor in Council do not constitute a majority of the directors on

the board.

Elected

directors

(5) The

directors that are not appointed by the Lieutenant Governor in Council shall be

elected by the members of the board.

Eligibility

(6) A

person is eligible to be elected or appointed as a director of the Authority if

they,

(

a) are

not a registrant;

(

b) meet

any prescribed qualifications; and

(

c) in

the case of elected board members described in subsection (5), meet any

qualifications that are set out in the Authority’s by-laws.

Rules

respecting who may serve as director of Authority

(7) The

regulations may establish rules regarding who can serve as a director of the

Authority, including,

(

a) requiring

that no more than a fixed percentage of directors shall be drawn from among

specified persons or classes of persons;

(

b) specifying

the qualifications for being a director of the Authority;

(

c) specifying

the length of a director’s term; and

(

d) specifying

the number of terms that a director can serve.

Remuneration

and expenses

(8) The

Authority shall pay reasonable remuneration and expenses to the directors.

Meetings

(9) The

board shall meet regularly throughout the year and in any event shall hold at

least four meetings in each calendar year.

Quorum

(10) A

majority of the number of directors required to be on the board constitutes a

quorum.

Chair

(11) The

Minister shall designate a chair of the board from among the directors.

First

election

(12) The

first election of the directors mentioned in subsection (5) shall take place

before the second anniversary of the day this

section comes into force or

before a later date that is prescribed.

Interim

board

(1) Until the first election

of the directors mentioned in subsection 4 (12) takes place, the Authority

shall have an interim board consisting of three to five directors who shall be

appointed by the Lieutenant Governor in Council.

Remuneration

and expenses of interim board

(2) The

remuneration and expenses of the directors on the interim board shall be determined

by the Lieutenant Governor in Council.

Application

of s. 4

(3) Section

4, except subsections (2) to (5) and (8), applies to the interim board.

By-laws

(1) The board may make by-laws for

the management of the Authority and for the conduct and administration of the

Authority’s operations, including with respect to,

(

a) delegating

any powers and duties of the board or of the Chief Executive Officer under this

Act to any person, subject to any conditions the board may specify;

(

b) establishing

and governing the expiry of registrations issued under this Act; and

(

c) requiring

information to be included in the register required by

section 32.

Elected

directors

(2) The

board shall make a by-law regarding who can serve as directors elected to the board,

the criteria and qualifications for persons to be nominated for election to the

board and the process for their election.

Minister’s

approval required

(3) The

board may make a by-law described in subsection (2) only with the written

approval of the Minister.

Available

to the public

(4) The

Authority shall publish each by-law on the website of the Authority as soon as

practicable after the by-law becomes effective.

Not

Crown agent

7 The Authority is not an agent of the

Crown and shall not hold itself out as an agent of the Crown.

Corporations

Act ,

Corporations Information Act

8 The Corporations Act and the Corporations

Information Act do not apply to the Authority except as prescribed.

Employees, Officers, Agents and

Committees

Employees

9 The Authority may

employ or retain the services of any qualified person to carry out any power or

duty of the Authority.

Chief

Executive Officer

(1) The

board shall appoint one of its employees as the Chief Executive Officer.

Restriction

(2) The

Chief Executive Officer shall not be a registrant or a director of the

Authority.

Duties

(3) The

Chief Executive Officer shall have the powers and perform the duties assigned

to the Chief Executive Officer under this Act and by the board.

Non-application

of Statutory Powers Procedure Act

(4) The

Statutory Powers Procedure Act does not apply to

anything done by the Chief Executive Officer under this Act, except as may be

prescribed.

Advisory

committees

(1) The

board shall establish a separate advisory committee for each class of

registrants in accordance with the regulations to advise and make

recommendations to the board and the Chief Executive Officer about issues

pertaining to registrants in that class of registration.

Composition

(2) In

addition to any other requirements provided for in the regulations, every

advisory committee for a class of registrants shall include,

(

a) one

or more individuals who represent the interests of persons who receive health

services or supportive care services from that class of registrants or the

caregivers of such individuals;

(

b) one

or more individuals who are registrants in that class of registration; and

(

c) one

or more individuals who are educators of registrants in that class of

registration.

Objects, Powers and Duties

Objects

12 The objects of the

Authority are,

(

a) to

administer this Act and the regulations, including overseeing their

enforcement;

(

b) to

establish and maintain educational and skills-based qualifications for each

class of registrants;

(

c) to

establish and maintain one or more visual marks or identifiers for use by

registrants that can identify registrants to members of the public;

(

d) to

promote the provision of safe, competent, ethical and high-quality health

services and supportive care services by registrants to members of the public;

(

e) to

establish and maintain codes of ethics applicable to each class of registrants

in relation to the health services or supportive care services they provide to

members of the public;

(

f) to

educate registrants, employers and members of the public about matters relating

to this Act and the regulations;

(

g) to

advise the Minister, at the Minister’s request, on matters specified by the

Minister, which may include,

(

i) whether

additional classes of registration should be prescribed,

(ii) whether

existing classes of registration should no longer be prescribed,

(iii) suggestions

for amendments to the Act or the regulations to support the operations of the

Authority, and

(iv) any

other policy matter concerning the Authority’s objects that the Minister

considers advisable; and

(

h) to

carry out any other duties or powers assigned to the Authority under this Act.

Capacity,

rights, powers and privileges

13 The Authority has the

capacity and the rights, powers and privileges of a natural person, except as

limited by this Act or the regulations.

Memorandum

of understanding

(1) The

Minister and the Authority shall enter into a memorandum of understanding,

which must, at a minimum,

(

a) set

out requirements relating to the governance of the Authority;

(

b) set

out requirements with which the Authority shall comply in connection with its

administration of this Act and the regulations, including a requirement that

the Authority maintain adequate insurance against liability arising out of its

administration of this Act and the regulations; and

(

c) set

out requirements with which the Authority shall comply in connection with

carrying out its other objects.

Conflict

(2) In

the event of conflict between any provision of this Act or the regulations and

any provision of the memorandum of understanding or the Authority’s by-laws or

resolutions, the provision of this Act or the regulations prevails to the

extent of the conflict.

Amendment

by Minister

(3) If

the Minister considers it to be in the public interest, the Minister may

unilaterally amend the memorandum of understanding after giving the Authority

the notice that the Minister considers reasonable in the circumstances.

Accountability

Minister’s

authority to appoint supervisor

(1) If the

Minister considers it to be in the public interest, the Minister may appoint a

person as a supervisor for the Authority for the purposes of assuming control

of it and responsibility for its activities.

Notice

of appointment

(2) The

Minister shall give the board the notice that the Minister considers reasonable

in the circumstances before appointing the supervisor.

Immediate

appointment

(3) Subsection

(2) does not apply if there are not enough members on the board to form a quorum.

Term

of appointment

(4) The

appointment of the supervisor is valid until the Minister terminates the

appointment.

Powers

and duties of supervisor

(5) Unless

the supervisor’s appointment provides otherwise, the supervisor has the

exclusive right to exercise all the powers and perform all the duties of the

directors, officers and members of the Authority.

Same

(6) In

appointing the supervisor, the Minister may specify the supervisor’s powers and

duties and the conditions governing them.

Right

of access

(7) The

supervisor has the same rights as the board in respect of the Authority’s

documents, records and information.

Report

to Minister

(8) The

supervisor shall report to the Minister as the Minister requires.

Minister’s

directions

(9) The

Minister may issue directions to the supervisor with regard to any matter

within the supervisor’s jurisdiction, and the supervisor shall carry them out.

Status

of board during supervisor’s tenure

(1) On the

appointment of a supervisor under

section 15, the members of the board cease to

hold office, unless the supervisor’s appointment provides otherwise.

Same

(2) During

the term of the supervisor’s appointment, the powers of any director of the

Authority who continues to hold office are suspended, unless the supervisor’s

appointment provides otherwise.

Policy

directions

(1) If the

Minister considers it to be in the public interest, the Minister may issue

policy or operational directions to the Authority relating to its

administration of this Act, after giving the Authority the notice that the

Minister considers reasonable in the circumstances.

Compliance

required

(2) The

Authority shall comply with the policy directions and shall implement measures

to do so.

Ministerial

reviews

(1) The

Minister may require that reviews of the Authority, of its operations or of

both, including, without limitation, performance, governance, accountability

and financial reviews, be carried out,

(

a) by

or on behalf of the Authority; or

(

b) by

a person or entity specified by the Minister.

Access

to records

(2) If

a review is carried out by a person or entity specified by the Minister, the

Authority shall give the person or entity specified by the Minister and the

employees and agents of the person or entity access to all records and other

information required to conduct the review.

Report

to Minister

(3) The

results of reviews under this

section shall be reported to the Minister within

the time specified by the Minister.

Conditions

(4) The

Minister may impose any additional requirements or conditions with respect to a

review carried out under this section.

Duty

to advise the Minister

(1) The

Authority shall promptly inform and advise the Minister with respect to,

(

a) any

information that could affect the Authority’s ability to exercise its powers or

perform its duties under this Act; and

(

b) any

urgent or critical matter that is likely to require action by the Minister.

Same

(2) The

Authority shall advise or report to the Minister, within the time period that

the Minister specifies, on any matter that the Minister refers to it and that

relates to this Act, the regulations or the memorandum of understanding.

Internal

audit

20 The board shall appoint

an auditor licensed under the Public Accounting Act, 2004

to audit the accounts and financial transactions of the Authority annually.

External

audit

(1) The Auditor General appointed

under the Auditor General Act may conduct an audit

of the Authority, other than an audit required under the Corporations

Act .

Access

(2) When

the Auditor General conducts an audit under subsection (1), the Authority shall

give the Auditor General and employees of the Auditor General access to all

records and other information required to conduct the audit.

Disclosure

of compensation and other payments

(1) The

Authority shall, in accordance with the regulations, make available to the

public any information specified by the Minister relating to,

(

a) the

compensation that the Authority pays to members of its board of directors, its

officers and its employees; and

(

b) any

other payments that the Authority makes or is required to make to the persons

mentioned in clause (a).

Website,

etc.

(2) The

information described in subsection (1) must be made available to the public on

the Authority’s website and by any other means that the Authority determines.

Definition

(3) In

this section,

“compensation”

means anything paid or provided, directly or indirectly, to or for the benefit

of a person who performs duties and functions that entitle the person to be

paid, and includes salary, benefits, perquisites and all forms of

non-discretionary and discretionary payments.

Public

interest considerations

23 In exercising a power

under subsection 14 (3), 15 (1) or 17 (1), the Minister may consider any matter

the Minister regards as relevant to the public interest including, without

limiting the generality of the foregoing, whether,

(

a) the

exercise of the power is necessary to prevent serious harm to public safety or

to the interests of individuals who receive health services or supportive care

services from registrants;

(

b) an

event of force majeure has occurred;

(

c) the

Authority is facing a risk of insolvency; or

(

d) the

board’s composition is no longer in compliance with the requirements set out in

this Act, or the number of directors of the Authority is insufficient for a

quorum.

Miscellaneous

Prohibitions

Commercial

activities

(1) The

Authority shall not engage in commercial activity through an individual,

corporation or other entity that is related to the Authority.

Subsidiary

corporations

(2) The

Authority shall not establish a subsidiary corporation.

Services

in French

25 The French Language Services Act applies to the Authority as

though it were a government agency under that Act.

Part III

Applications for Registration

Applications

(1) An

applicant may apply to the Authority for registration or renewal of

registration in a class described in subsection (2).

Classes

(2) The

classes of registration to which an applicant may apply are,

(

a) the

personal support worker class; and

(

b) any

other prescribed class.

Form

and manner

(3) The

application must be made in the form and manner required by the Authority.

Registration

(1) An

applicant is entitled to registration or renewal of registration by the Chief

Executive Officer in the class they are applying for unless the Chief Executive

Officer refuses to grant the application under

section 28.

Request

for information

(2) The

Chief Executive Officer may request that an applicant for registration or

renewal of registration provide to the Chief Executive Officer, in the form and

manner and within the time period specified by the Chief Executive Officer,

(

a) information

specified by the Chief Executive Officer that is relevant to the decision to be

made by the Chief Executive Officer as to whether or not to grant the

registration or renewal; and

(

b) verification,

by affidavit or otherwise, of any information described in clause (

a) that the

applicant is providing or has provided to the Chief Executive Officer.

Approval

and conditions

(3) Subject

to subsection (4), the Chief Executive Officer may,

(

a) approve

the registration or renewal of a registration on such conditions as the Chief

Executive Officer considers appropriate; and

(

b) at

any time impose on a registration such conditions as the Chief Executive

Officer considers appropriate.

Notice

required if no consent to conditions

(4) The

Chief Executive Officer must provide notice in writing to the applicant under

subsection 28 (3) if the Chief Executive Officer proposes to impose conditions

on a registration or renewal to which the applicant has not consented.

Refusal

to register, etc.

(1) If an

applicant or a registrant meets the prescribed prohibited grounds for

registration, the Chief Executive Officer shall, as applicable,

(

a) refuse

to register or renew the registration of the applicant; or

(

b) revoke

the registrant’s registration.

Failure

to meet prescribed criteria

(2) The

Chief Executive Officer may refuse to grant or renew a registration if, in the

Chief Executive Officer’s opinion, the applicant does not meet the prescribed

criteria for that class of registration.

Notice

(3) The

Chief Executive Officer shall notify an applicant or registrant in writing if

they propose to,

(

a) refuse

to grant or renew a registration in accordance with subsection (1) or (2);

(

b) revoke

the registrant’s registration in accordance with subsection (1); or

(

c) impose

conditions to a registration or renewal to which the applicant has not

consented.

Content

of notice

(4) The

notice described in subsection (3) shall,

(

a) set

out the reasons for the proposed action; and

(

b) state

that the applicant is entitled to a review in writing of the application and

the documentary evidence supporting it by the Health Professions Appeal and

Review Board if the applicant mails or delivers, within 15 days after service

of the notice, a written request to the Chief Executive Officer and to the

Health Professions Appeal and Review Board.

Where

no request for review

(5) If

an applicant does not request a review in writing after receiving the notice

described in clause (4) (b), the Chief Executive Officer may carry out the

proposal.

review requested

(6) If

a review in writing of a matter is requested, the Health Professions Appeal and

Review Board shall conduct the written review in accordance with

section 29.

Continuation

pending renewal

(7) If,

within the time prescribed or, if no time is prescribed, before the expiry of

the applicant’s registration, the applicant has applied for renewal of a

registration and paid the required fee, if any, the registration shall be

deemed to continue,

(

a) until

the renewal is granted; or

(

b) if

the applicant is served notice that the Chief Executive Officer proposes to

refuse to grant the renewal, until the time for requesting a review has expired

or, if a review is requested, until the Health Professions Appeal and Review

Board makes its order.

Voluntary

cancellation

(8) The

Chief Executive Officer may cancel a registration upon the request, in writing,

of the applicant and this

section does not apply to the cancellation.

Written

review by HPARB

(1) After

receiving a request for a written review from an applicant under subsection 28

(6), the Health Professions Appeal and Review Board shall conduct a written

review in accordance with the procedures provided for in the regulations, if

any.

Non-application

of the Statutory Powers Procedure Act

(2) A

written review conducted by the Health Professions Appeal and Review Board

under this

section is not a proceeding within the meaning of the Statutory Powers Procedure Act and the Statutory Powers Procedure Act does not apply to such a

review, except as provided for in the regulations.

Powers

(3) After

conducting a written review, the Health Professions Appeal and Review Board may

by order,

(

a) direct

the Chief Executive Officer to carry out the Chief Executive Officer’s

proposal; or

(

b) substitute

its opinion for that of the Chief Executive Officer, which may include

granting, refusing to grant or applying conditions to the registration.

CEO

shall comply

(4) The

Chief Executive Officer shall comply with any orders made under subsection (3).

Conditions

(5) An

order under subsection (3) is subject to any conditions specified in the order

and may attach conditions to a registration.

Parties

(6) The

Chief Executive Officer and the applicant are the parties to a written review

under this section.

Part IV

Registrations

Conditions and the Register

Registration

subject to conditions

30 A registration is

subject to any conditions that are applied to the registration under this Act

or that are otherwise prescribed.

Expiry

of registration

31 Registrations expire in

accordance with the rules set out in the Authority’s by-laws.

Register

(1) The

Chief Executive Officer shall, in accordance with the regulations, establish

and maintain a register of registrants and shall make available to the public,

(

a) the

names of registrants;

(

b) any

other information that may be prescribed in respect of registrants; and

(

c) any

other information that may be required by the Authority’s by-laws.

Form

and manner

(2) The

information to be maintained by the Chief Executive Officer in the register

shall be maintained in the form and manner set out in the regulations.

Reporting and Information

Reporting

by registrants re: offences

(1) A

registrant shall file a report in writing with the Authority if the registrant

has been found guilty of an offence, other than a prescribed offence.

Timing

of report

(2) The

report must be filed as soon as reasonably practicable after the registrant

receives notice of the finding of guilt.

Contents

of report

(3) Subject

to subsection (4), the report must contain,

(

a) the

name of the registrant filing the report;

(

b) the

nature of, and a description of the offence;

(

c) the

date the registrant was found guilty of the offence;

(

d) the

name and location of the court that found the registrant guilty of the offence;

and

(

e) the

status of any appeal initiated respecting the finding of guilt.

Publication

ban

(4) The

report shall not contain any information that violates a publication ban.

Same

(5) No

action shall be taken under this

section which violates a publication ban and

nothing in this

section requires or authorizes the violation of a publication

ban.

Additional

reports

(6) A

registrant who files a report under subsection (1) shall file an additional

report if there is a change in status of the finding of guilt as the result of

an appeal.

Reporting

by registrants re: charges and bail conditions, etc.

(1) A

registrant shall file a report in writing with the Authority if the registrant

has been charged with an offence other than a prescribed offence, and the

report shall include information about every bail condition or other

restriction imposed on, or agreed to, by the registrant in connection with the

charge.

Timing

of report

(2) The

report must be filed as soon as reasonably practicable after,

(

a) the

registrant receives notice that they were charged with the offence; or

(

b) the

bail conditions or other restrictions were imposed on or agreed to by the

registrant.

Contents

of report

(3) Subject

to subsection (4), the report must contain,

(

a) the

name of the registrant filing the report;

(

b) the

nature of, and a description of, the charge;

(

c) the

date the charge was laid against the registrant;

(

d) the

name and location of the court in which the charge was laid or in which the

bail condition or restriction was imposed on or agreed to by the registrant;

(

e) every

bail condition imposed on the registrant as a result of the charge;

(

f) any

other restriction imposed on or agreed to by the registrant relating to the

charge; and

(

g) the

status of any proceedings with respect to the charge.

Publication

ban

(4) The

report shall not contain any information that violates a publication ban.

Same

(5) No

action shall be taken under this

section which violates a publication ban and

nothing in this

section requires or authorizes the violation of a publication

ban.

Additional

reports

(6) A

registrant who files a report under subsection (1) shall file an additional

report if there is a change in status of the charge or bail conditions as the

result of an appeal.

Sexual

abuse reporting

(1) A

registrant shall file a written report with the Authority if the registrant has

reasonable grounds to believe that another registrant has sexually abused a

person who receives health services or supportive care services.

Same,

member of health profession College

(2) A

registrant shall file a written report with a College within the meaning of the

Regulated Health Professions Act, 1991 if the

registrant has reasonable grounds to believe that a member of that College has

sexually abused a person who receives health services or supportive care

services.

name not known

(3) A

registrant is not required to file a report under subsection (1) or (2) if the

registrant does not know the name of the registrant or member who would be the

subject of the report.

Requirement

to inform

(4) If

a registrant is required to file a report under subsection (1) or (2), the

registrant shall use their best efforts to advise the person who is alleged to

have been sexually abused of the requirement to file the report before doing

so.

Contents

of report

(5) The

report required under subsection (1) or (2) must contain the following

information, to the extent that it is known by the registrant:

1. The

name of the registrant filing the report.

2. The

name of the registrant or member who is the subject of the report.

3. An

explanation of the alleged sexual abuse.

4. Subject

to subsection (6), the name of the person who was alleged to have been sexually

abused.

Consent

required

(6) The

name of a person who was alleged to have been sexually abused must not be

included in a report under subsection (1) or (2) unless that person, or if that

person is incapable, the person’s representative, consents in writing to the

inclusion of the person’s name.

Collection

of personal information from registrants

(1) At the

request of the Minister, the Authority shall collect information directly from

registrants as is reasonably necessary for the purpose of human resources

planning or research.

Unique

identifiers

(2) A

unique identifier shall be assigned by the Minister or a person designated by

the Minister for each registrant from whom information is collected under

subsection (1).

Form

and manner

(3) The

unique identifier shall be in the form and manner specified by the Minister.

Registrants

to provide information

(4) A

registrant who receives a request for information for the purpose of subsection

(1) shall provide the information to the Authority within the time period and

in the form and manner specified by the Authority.

Disclosure

to Minister

(5) The

Authority shall disclose the information collected under subsection (1) to the

Minister within the time period and in the form and manner specified by the

Minister.

Use,

collection, disclosure and publication

(6) The

following applies to information collected under subsection (1):

1. The

information may only be used for the purposes set out under subsection (1).

2. The

Minister shall not collect personal information if other information will serve

the purposes set out under subsection (1).

3. The

Minister shall not collect more personal information than is necessary for the

purposes set out under subsection (1).

4. The

Minister may disclose the information only for the purposes set out in

subsection (1).

5. Reports

and other documents using information collected under this

section may be

published for the purposes set out under subsection (1), and for those purposes

only, but personal information about a registrant shall not be included in

those reports or documents.

Notice

required by s. 39 (2) of FIPPA

(7) If

the Minister requires the Authority to collect personal information from its

registrants under subsection (1), the notice required by subsection 39 (2) of

the Freedom of Information and Protection of Privacy Act

is given by,

(

a) a

public notice posted on a website of the Government of Ontario; or

(

b) any

other public method that may be prescribed.

Same

(8) If

the Minister publishes a notice referred to under subsection (7), the Minister

shall advise the Authority of the notice and the Authority shall also publish a

notice about the collection within 20 days of receiving the advice from the

Minister.

Definitions

(9) In

this section,

“human

resources planning” means ensuring the sufficiency and appropriate distribution

of registrants in Ontario; (“planification des ressources humaines”)

“information”

includes personal information about registrants, but does not include personal

health information; (“renseignements”)

“research”

means the study of data and information in respect of human resources planning.

(“recherche”)

Prohibitions on Non-Registrants

Holding

out prohibitions for non-registrants

Use

of mark or visual identifier

(1) No

individual shall use or hold themselves out as being entitled to use a visual

mark or other identifier established by the Authority for a class of

registrants unless the individual is authorized to do so by the Authority in accordance

with this Act and the regulations.

Other

forms of holding out

(2) No

individual shall otherwise represent or hold themselves out as being a

registrant unless the individual is registered with the Authority in accordance

with this Act.

Part V

Complaints, Investigations and Discipline

Complaints and Investigations

Complaints

(1) If the

Chief Executive Officer receives a complaint about a registrant, the Chief

Executive Officer may investigate the complaint and may, in writing, request

information in relation to the complaint from any person, including the

registrant who is the subject of the complaint.

Request

for information

(2) A

request for information under subsection (1) shall indicate the nature of the

complaint.

Duty

to comply with request

(3) A

registrant who receives a request for information under subsection (1) shall

provide the information as soon as possible.

Appointment

of investigators

(1) The

Chief Executive Officer may appoint persons to be investigators for the purposes

of conducting investigations,

(

a) into

complaints received by the Chief Executive Officer; or

(

b) where

the Chief Executive Officer has reason to believe that a registrant may have

acted in a manner that breaches the Act, the regulations or the prescribed code

of ethics that applies to them.

Certificate

of appointment

(2) The

Chief Executive Officer shall issue to every investigator a certificate of

appointment bearing the Chief Executive Officer’s signature or a facsimile of

the signature.

Production

of certificate of appointment

(3) Every

investigator who is conducting an investigation shall, upon request, produce

the certificate of appointment as an investigator.

Application

of Public Inquiries Act, 2009

(4) An

investigator may inquire into and examine the actions of a registrant and

section 33 of the Public Inquiries Act, 2009

applies to that inquiry and examination.

Reasonable

inquiries

(5) An

investigator may make reasonable inquiries of any person, including the

registrant who is the subject of the investigation, on matters relevant to the

investigation.

Entry

and examination

(6) Subject

section 40, an investigator may, on the production of their certificate of

appointment, enter a place in which a registrant provides health services or

supportive care services to the public, or in which documents or records

relevant to the registrant’s provision of health services or supportive care

services are located, at any reasonable time and may examine anything found

there that is relevant to the investigation.

Entry

to dwellings

40 In conducting an

investigation, an investigator shall not enter any dwelling except,

(

a) with

the consent of the occupier; or

(

b) under

the authority of a warrant issued under

section 41.

Entries

and searches

(1) A justice

of the peace may, on the application of an investigator made without notice,

issue a warrant authorizing an investigator to enter and search a place and

examine any document or thing specified in the warrant if the justice of the

peace is satisfied that the investigator has been properly appointed and that

there are reasonable and probable grounds for believing that,

(

a) the

registrant being investigated has contravened the prescribed code of ethics

that applies to them; and

(

b) there

is something relevant to the investigation at the place.

Hours

of execution

(2) A

warrant issued under subsection (1) may be executed only between 8 a.m. and 8

p.m. unless the warrant specifies otherwise.

Application

for dwelling

(3) An

application for a warrant under subsection (1) to enter a dwelling shall

specifically indicate that the application relates to a dwelling.

Powers

under the warrant

(4) Subject

to any conditions contained in the warrant, a warrant issued under subsection

(1) authorizes an investigator to,

(

a) enter

or access the building, dwelling, receptacle or place specified in the warrant

and to seize, examine and remove anything described in the warrant;

(

b) make

reasonable inquiries of any person, orally or in writing, with respect to

anything relevant to the investigation;

(

c) require

a person to produce the information or evidence described in the warrant and to

provide whatever assistance is reasonably necessary, including using any data

storage, processing or retrieval device or system to produce, in any form, the

information or evidence described in the warrant;

(

d) use

any data storage, processing or retrieval device or system used to engage in

the activities of a registrant in order to produce information or evidence

described in the warrant, in any form; and

(

e) use

any investigative technique or procedure or do anything described in the

warrant.

Assistance

and entry by force

(5) An

investigator entering and searching a place under the authority of a warrant

issued under subsection (1) may call upon police officers for assistance in

executing the warrant and may enter a place using whatever reasonable force is

necessary.

Investigator

to show identification

(6) An

investigator entering and searching a place under the authority of a warrant

issued under subsection (1) shall produce their certificate of appointment, on

request, to any person at the place.

Copying

of documents and objects

(1) An

investigator may copy, at the Authority’s expense, a document or object that an

investigator may examine under subsection 39 (6) or under the authority of a

warrant issued under subsection 41 (1).

Removal

for documents and objects

(2) An

investigator may remove a document or object described in subsection (1) if,

(

a) it

is not practicable to copy it in the place where it is examined; or

(

b) a

copy of it is not sufficient for the purposes of the investigation.

Return

of documents and objects or copies

(3) If

it is practicable to copy a document or object removed under subsection (2),

the investigator shall,

(

a) if

it was removed under clause (2) (a), return the document or object within a

reasonable time; or

(

b) if

it was removed under clause (2) (b), provide the person who was in possession

of the document or object with a copy of it within a reasonable time.

Copy

as evidence

(4) A

copy of a document or object certified by an investigator to be a true copy

shall be received in evidence in any proceeding to the same extent and shall

have the same evidentiary value as the document or object itself.

Definition

(5) In

this section,

“document”

means a record of information in any form and includes any part of it.

Obstruction,

etc. prohibited

(1) No

person shall,

(

a) hinder,

obstruct or interfere with an investigator in the performance of their duties;

(

b) withhold

or conceal from an investigator or destroy anything that is relevant to the

investigation; or

(

c) knowingly

furnish false information to an investigator in the performance of their

duties.

Co-operation

(2) A

registrant shall co-operate fully with,

(

a) any

investigator appointed under this Act; and

(

b) any

request for information by the Chief Executive Officer under subsection 38 (1).

Resolution of Complaints or

Investigations and Appeals

Chief

Executive Officer actions

44 At any time following

the receipt of a complaint or following the appointment of an investigator, the

Chief Executive Officer may do any of the following, as appropriate, subject to

any additional procedures provided for in the regulations:

1. Attempt

to mediate or resolve the complaint.

2. Give

the registrant a written warning that action may be taken against them if they

continue to engage in specified activity.

3. Require

the registrant to take further educational courses or training.

4. Impose

conditions on the registration under clause 27 (3) (b), subject to the

requirements in

section 28.

5. Refer

any contraventions of the prescribed code of ethics that applies to the

registrant, in whole or in part, to the discipline committee of the Authority.

6. Take

any further prescribed actions that the Chief Executive Officer considers

appropriate.

Urgent

interim action

(1) The

Chief Executive Officer may, at any time following the receipt of a complaint

or following the appointment of an investigator, suspend or impose conditions

on a registrant’s registration on an interim basis if the Chief Executive

Officer believes on reasonable and probable grounds that the conduct of the

registrant exposes or is likely to expose members of the public who receive health

services or supportive care services from the registrant to harm or injury and

that urgent intervention by the Chief Executive Officer is needed.

notice or review required

(2) The

requirements in

section 28 do not apply to an interim action taken under

subsection (1).

Duration

(3) An

interim action taken under subsection (1) continues in force until,

(

a) it

is varied or revoked by the Chief Executive Officer;

(

b) the

Chief Executive Officer chooses to take an action under paragraphs 1, 2, 3, 4

or 6 of

section 44 with respect to the matter;

(

c) if

the Chief Executive Officer refers the matter to the discipline committee under

paragraph 5 of

section 44,

(

i) the

matter is disposed of by the discipline committee and any applicable deadline

for appealing the decision to the appeals committee expires, or

(ii) the

appeals committee finally disposes of the matter.

Procedure

following interim action

(4) If

an interim action is taken under subsection (1), the Chief Executive Officer

shall give precedence to the complaint or investigation that gave rise to the

interim action and endeavour to investigate or otherwise deal with the matter

within a reasonable period of time.

Discipline

and appeals committees

Discipline

committee

(1) The

board shall establish a discipline committee in accordance with the regulations

to hear and determine, in accordance with the prescribed procedures, issues

concerning whether registrants have failed to comply with the prescribed code

of ethics that applies to them.

Non-application

of Statutory Powers Procedure Act

(2) The

Statutory Powers Procedure Act does not apply to

proceeding before the discipline committee concerning whether registrants have

failed to comply with the prescribed code of ethics that applies to them,

except as provided for in the regulations.

Appointment

of members

(3) The

board shall appoint the members of the discipline committee and, in making the

appointments, shall ensure that the prescribed requirements for the composition

of the committee are met.

Result

of a determination

(4) If

the discipline committee makes a determination under subsection (1) that a

registrant has failed to comply with the prescribed code of ethics that applies

to them, it may make an order as appropriate,

(

a) directing

the Chief Executive Officer to revoke the registrant’s registration;

(

b) directing

the Chief Executive Officer to suspend a registrant’s registration for a

specified period of time;

(

c) directing

the Chief Executive Officer to impose specified conditions on a registrant’s

registration for a specified or indefinite period of time; or

(

d) taking

such other action as may be prescribed.

CEO

shall comply

(5) The

Chief Executive Officer shall comply with any orders made under subsection (4).

notice or review required

(6) The

requirements in

section 28 do not apply with respect to any actions taken to

comply with an order made under subsection (4).

Same

(7) In

making an order under subsection (4), the discipline committee may specify

criteria to be satisfied for the removal of a suspension or the removal of

conditions imposed on a registrant’s registration.

Circumstances

where revocation of registration is mandatory

(8) Despite

subsection (4), if the discipline committee determines that a registrant has

failed to comply with the prescribed code of ethics that applies to them in

prescribed circumstances, the discipline committee must make an order directing

the Chief Executive Officer to revoke the registrant’s registration.

Suspension

of order

(9) The

discipline committee may suspend the effect of all or part of an order made

under subsection (4) for a specified period and on specified conditions.

Exception

(10) Subsection

(9) does not apply to orders that the discipline committee is required to make

under subsection (8).

Appeals

committee

(1) The

board shall establish an appeals committee in accordance with the regulations

to consider, in accordance with the prescribed procedures, appeals from orders

of the discipline committee.

Appointment

of members

(2) The

board shall appoint the members of the appeals committee and, in making such

appointments, shall ensure that the prescribed requirements for the composition

of the committee are met.

Appeal

(3) A

party to a proceeding before the discipline committee may appeal the final

order of the discipline committee to the appeals committee in accordance with

the regulations.

Procedure

(4) The

appeals committee shall conduct any appeals to it in accordance with the

procedural requirements set out in the regulations, if any.

Non-application

of Statutory Powers Procedure Act

(5) The

Statutory Powers Procedure Act does not apply to a

proceeding before the appeals committee, except as may be prescribed.

Power

of the appeals committee

(6) The

appeals committee may by order overturn, affirm or modify the order of the

discipline committee and may make an order described in

section 44.

Public

access to decisions

48 Decisions of the

discipline committee and the appeals committee shall be made available to the

public in such manner as may be prescribed.

Part VI

Miscellaneous

Forms

49 The Authority may require

the use of forms it develops in connection with administering this Act or the

regulations.

Fees,

etc.

(1) The

Authority may set and charge fees, costs or other charges in relation to

anything that the Authority does in administering this Act or anything that the

Chief Executive Officer does under this Act as long as the decisions to set and

charge are made in accordance with processes and criteria that the Authority

establishes and that the Minister approves.

Exception

(2) The

Authority shall not set or charge any fees, costs or charges payable by a

person for making a complaint to the Chief Executive Officer.

Setting

fees, etc.

(3) In

setting the fees, costs and charges described in subsection (1), the Authority

may specify their amounts or the method for determining the amounts.

Collection

(4) The

Authority may,

(

a) set

the time and manner of payment of the fees, costs and charges charged by it

under subsection (1); and

(

b) require

the payment of interest and other penalties, including payment of collection

costs, when fees, costs and charges charged under subsection (1) are unpaid or

paid after the due date.

Publication

(5) The

Authority shall publish the fees, costs and charges, the processes and criteria

and anything set or required under subsection (4) on its website and in any

other way described in the memorandum of understanding.

Not

public money

(6) For

greater certainty, the money that the Authority collects in administering this

Act or the regulations is not public money as defined in the Financial Administration Act , and the Authority may use

the money to carry out its objects.

Confidentiality

(1) A person

who obtains information in the course of exercising a power or carrying out a

duty related to the administration of this Act, the regulations or the

memorandum of understanding shall preserve secrecy with respect to the

information and shall not communicate the information to any person except,

(

a) as

may be required in connection with a proceeding under this Act or in connection

with the administration of this Act or the regulations;

(

b) for

the purposes of the administration of another prescribed Act of Ontario or

Canada;

(

c) to

a College that governs a health profession within the meaning of the Regulated Health Professions Act, 1991 or to a similar

body that governs a health profession outside of Ontario;

(

d) to

another person or entity outside of Ontario that regulates the activities of

individuals who perform health services or supportive care services that are

substantially similar to those performed by registrants;

(

e) to

a police officer to aid an investigation that may result in a law enforcement

proceeding, subject to any restrictions set out in the regulations;

(

f) to

the counsel of the person who is required to keep the information confidential

under this section;

(

g) for

the purpose of confirming whether the Authority has received a complaint or is

investigating a registrant, if there is a compelling public interest in the

disclosure of that information;

(

h) if

the disclosure is required by

an Act of Ontario or Canada;

(

i) if

there are reasonable grounds to believe that the disclosure is necessary for

the purpose of eliminating or reducing a significant risk of serious bodily

harm to a person or group of persons;

(

j) with

the consent of the person to whom the information relates; or

(

k) to

a prescribed entity or organization.

Testimony

(2) Except

in a proceeding under this Act, no person shall be required to give testimony

in a civil proceeding with regard to information obtained in the course of

exercising a power or carrying out a duty related to the administration of this

Act, the regulations or the memorandum of understanding.

Evidence

in civil proceedings

52 No record of a

proceeding under this Act, no document or thing prepared for or statement given

at such a proceeding and no order or decision made in such a proceeding is

admissible in a civil proceeding other than a proceeding under this Act.

Service

(1) Any

notice, order or request made under this Act is sufficiently given or served if

it is,

(

a) delivered

personally;

(

b) sent

by courier;

(

c) sent

by registered mail;

(

d) sent

by e-mail; or

(

e) sent

by fax.

Deemed

service

(2) Subject

to subsection (3), the notice, order or request shall be deemed to have been

served,

(

a) on

the day it was delivered personally;

(

b) on

the fifth day after it was couriered;

(

c) on

the fifth day after it was mailed;

(

d) on

the day after it was sent by email; or

(

e) on

the day after it was sent by fax.

Holidays

(3) If

the day described in clause (2) (b), (c), (

d) or (

e) is a holiday, the notice

shall be deemed to have been served on the next day that is not a holiday.

Failure

to receive beyond person’s control

(4) Subsection

(2) does not apply if the person receiving the notice, order or request that

the person, acting in good faith, did not receive it or received it on a later

date because of a reason beyond the person’s control, including accident,

disability or illness.

Exception

(5) Despite

subsections (1) and (2), the Health Professions Appeal and Review Board may

order any other method of service that it considers appropriate in the

circumstances of any notices, orders or requests to or from the Board.

Review

of Act

(1) Within

five years after this

section comes into force, the Minister shall undertake a

comprehensive review of this Act and shall prepare a report setting out the

findings of the review.

Tabling

in Assembly

(2) The

Minister shall deliver the report to the Speaker of the Assembly, who shall lay

the report before the Assembly at the earliest reasonable opportunity.

Part VII

Offences

Offences

55 A person is guilty of

an offence if the person,

(

a) furnishes

false information in any application of registration or renewal of registration

under this Act;

(

b) contravenes

subsection 35 (1) or (2) (Sexual abuse reporting);

(

c) contravenes

section 37 (Holding out prohibitions for non-registrants); or

(

d) contravenes

section 43 (Obstruction, etc. prohibited).

Penalty

Individual

(1) Every

individual who is found guilty of an offence under

section 55 is liable on

conviction to a fine of not more than $25,000.

Corporation

(2) Every

corporation that is found guilty of an offence under

section 55 is liable on

conviction to a fine of not more than $50,000.

Directors

and officers

(3) If

a corporation is guilty of an offence under

section 55, every director or

officer of the corporation who authorized, permitted or acquiesced in the

commission of the offence is deemed to be a party to and guilty of the offence

and on conviction is liable to a fine of not more than $25,000.

Protection of personal health

information

57 Where documents or materials are filed with a court in

relation to an investigation into an offence under this Act or in a prosecution

for an offence under this Act, including under sections 158 to 160 of the Provincial Offences Act , the court may, at any time, take

precautions to avoid the disclosure by the court or any person of any personal

health information about an individual, including, where appropriate,

(

a) removing

the identifying information of any person whose personal health information is

referred to in any documents or materials;

(

b) receiving

representations without notice;

(

c) conducting

hearings or parts of hearings in private; or

(

d) sealing

all or part of the court files.

Part

VIII

Liability of the Authority and the Crown

personal liability, Authority officials

(1) No cause

of action arises against any of the following persons as a result of any act

done in good faith in the exercise or performance or intended exercise or

performance of their duties or powers under this Act or any alleged neglect or

default in the performance in good faith of such duties or powers:

1. The

Chief Executive Officer.

2. An

investigator appointed under this Act.

3. A

director or an officer of the Authority.

4. Any

other person whom the Authority employs or whose services the Authority retains

in accordance with this Act.

5. An

agent of the Authority.

6. A

member of the discipline committee, the appeals committee or of any other

committee provided for in the regulations.

7. A

supervisor appointed under this Act.

personal liability during supervisor’s tenure, directors

(2) No

cause of action arises against a director of the Authority for any act, neglect

or default done by the supervisor or the Authority after the director’s removal

under subsection 16 (1) or while the director’s powers are suspended under

subsection 16 (2).

Liability

of Authority for Authority officials

(3) Subsections

(1) and (2) do not relieve the Authority of liability to which it would

otherwise be subject in respect of the acts or omissions of a person mentioned

in subsection (1).

Authority

officials not agents or employees of the Crown

(4) The

persons listed in subsection (1) are not and shall not be deemed to be agents

or employees of the Crown, and they shall not hold themselves out as such.

personal liability, Crown officials

(1) No cause

of action arises against any of the following persons as a result of any act

done in good faith in the exercise or performance or intended exercise or

performance of their duties or powers under this Act or any alleged neglect or

default in the performance in good faith of such duties or powers:

1. A

member of the Executive Council, including the Minister.

2. An

employee, officer or agent of the Crown.

Crown

liability for Crown officials

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability to

which it would otherwise be subject.

Loss

of status as Crown official

(3) A

person mentioned in subsection (1) who accepts employment in or assignment to

the Authority, including appointment as a director or supervisor of the

Authority, is deemed not to be an employee, officer or agent of the Crown for

the purposes of this Part during the period of the employment or assignment, as

the case may be, in respect of any act or omission relating to the employment

or assignment.

Crown liability, persons other than Crown officials

(1) No cause

of action arises against the Crown, or any person mentioned in subsection 59

(1), as a direct or indirect result of any act or omission of a person who is

not a person mentioned in subsection 59 (1) if the act or omission is related,

directly or indirectly, to the exercise or performance or intended exercise or

performance of a duty or power under this Act.

Indemnification

(2) The

Authority shall indemnify the Crown and any person mentioned in subsection 59

(1) in respect of damages and costs incurred by the Crown or any such person

for any act or omission of the Authority or of any person mentioned in

subsection 58 (1) in carrying out that person’s duties or powers under this

Act.

Proceedings

barred

(1) No

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

restitution, tort or trust, shall be commenced against,

(

a) any

person mentioned in subsection 58 (1) in respect of a matter referred to in

that subsection;

(

b) any

director of the Authority mentioned in subsection 58 (2) in respect of a matter

referred to in that subsection;

(

c) any

person mentioned in subsection 59 (1) in respect of a matter referred to in

that subsection; or

(

d) any

person, including the Crown, mentioned in subsection 60 (1) in respect of a

matter referred to in that subsection.

Application

(2) Without

limiting the generality of subsection (1), that subsection applies to any

proceeding, including a court, administrative or arbitral proceeding, claiming

any remedy or relief, including specific performance, injunction, declaratory

relief, any form of compensation or damages, including loss of revenue and loss

of profit, or any other remedy or relief, and includes a proceeding to enforce

a judgment, order or award made by a court, tribunal or arbitrator outside of

Canada.

Exception

— judicial review

(3) This

Part does not apply to prevent an application for judicial review.

Interpretation,

former officials

62 A reference in this

Part to an officer, employee, service provider, agent, or other official

includes reference to a former officer, employee, service provider, agent, or

other official, in relation to the exercise of powers and the performance of

duties and functions in their capacity as an officer, employee, service

provider, agent or other official.

Part IX

Regulations

Regulations

63 The Lieutenant Governor

in Council may make regulations,

(

a) prescribing

anything that, under this Act, may or must be prescribed, provided for or

otherwise done by regulation;

(

b) exempting

any person or class of person from any part of this Act and attaching

conditions to the exemption;

(

c) prescribing

classes of registrants in addition to the personal support worker class;

(

d) governing

the rules that apply to different classes of registrants;

(

e) prescribing

the code of ethics for the classes of registrants, which may include

establishing different codes of ethics for different classes of registrants;

(

f) requiring

the establishment of any committee of the Authority that is not already

established in this Act;

(

g) governing

the composition, operations, procedures and functions of any committee of the

Authority;

(

h) respecting

applications for registration or renewal of registration, which may include,

(

i) prescribing

requirements for registration and renewal of registration,

(ii) requiring

applicants or registrants to meet specified educational or skills-based

requirements, which may include completing a program of studies or taking one

or more designated courses,

(iii) designating

organizations that are authorized to provide the programs and courses referred

to in subclause (ii), and

(iv) prescribing

exemptions from these requirements and attaching conditions to the exemption;

(

i) respecting

the issuance of visual marks and other identifiers established and maintained

by the Authority and authorizing their use by registrants;

(

j) requiring

and governing the disclosure of compensation and other payments under

section 22;

(

k) governing

the register that is required to be established and maintained under

section 32

of this Act, including prescribing the information to be contained in the

register and the form and manner in which it shall be maintained;

(

l) respecting

matters having to do with the complaints received by the Authority and

investigations involving allegations of sexual abuse by registrants, which may include,

(

i) requiring

the Authority to establish a fund for the purposes of providing therapy and

counselling for persons who allege that sexual abuse has been committed by

registrants,

(ii) requiring

the Authority to provide other types of supports in relation to allegations of

sexual abuse by registrants;

(

m) respecting

investigations under this Act;

(

n) respecting

the manner in which and the frequency with which decisions of the discipline

committee and appeals committee are made available to the public;

(

o) requiring

or authorizing the Chief Executive Officer or the board to conduct continuous

quality improvement activities for registrants, which may include requiring

registrants to complete continuous quality improvement activities as a

condition of registration;

(

p) providing

for any transitional matter necessary for the effective implementation of this

Act;

(

q) defining,

for the purposes of this Act, any word or expression that is used in this Act

but not defined in this Act;

(

r) respecting

matters concerning the winding up and dissolution of the Authority and the

transfer of its assets, liabilities, rights and obligations;

(

s) respecting

any matter that the Lieutenant Governor in Council considers advisable to carry

out effectively the intent and purpose of this Act.

Part X

Amendments to this Act and complementary Amendments to other Acts

Amendments

to this Act

(1) Section 8 of this Act

is repealed and the following substituted:

Not-for-Profit

Corporations Act, 2010, Corporations Information Act

8 The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Authority

except as prescribed.

(2) Subsection

21 (1) of the Act is amended by striking out “ Corporations

Act ” at the end and substituting “ Not-for-Profit

Corporations Act, 2010 ”.

Excellent

Care for All Act, 2010

65 The definition of “proceeding” in

subsection 13.2 (5) of the Excellent Care for All Act,

2010 is repealed and the following substituted:

“proceeding”

includes a proceeding held in, before or under the rules of a court, a

tribunal, a commission, a justice of the peace, a coroner, a committee of a

College within the meaning of the Regulated Health

Professions Act, 1991 , a committee of the Board of Regents continued

under the Drugless Practitioners Act , a committee

of the Ontario College of Social Workers and Social Service Workers under the Social Work and Social Service Work Act, 1998 , a

committee of the Authority within the meaning of the Health

and Supportive Care Providers Oversight Authority Act, 2021 , an

arbitrator or a mediator.

Fair

Access to Regulated Professions and Compulsory Trades Act, 2006

Section 1 of

Schedule 1 to the Fair Access to Regulated Professions and Compulsory Trades Act,

2006 is amended by adding the following paragraph:

6. The

Health and Supportive Care Providers Oversight Authority.

Ministry

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

(1) Section 2 of the Ministry of Health and Long-Term Care Appeal and Review Boards

Act, 1998 is amended by striking out “the Drug and

Pharmacies Regulation Act , the” and substituting “the Drug and Pharmacies Regulation Act , the Health and Supportive Care Providers Oversight Authority Act,

2021 , the”.

(2) Subsection

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

4.1 The

Health and Supportive Care Providers Oversight Authority

Act, 2021 .

Personal

Health Information Protection Act, 2004

(1) The definition of

“proceeding” in

section 2 of the Personal Health

Information Protection Act, 2004 is repealed and the following

substituted:

“proceeding”

includes a proceeding held in, before or under the rules of a court, a

tribunal, a commission, a justice of the peace, a coroner, a committee of a

College within the meaning of the Regulated Health

Professions Act, 1991 , a committee of the Board of Regents continued

under the Drugless Practitioners Act , a committee

of the Ontario College of Social Workers and Social Service Workers under the Social Work and Social Service Work Act, 1998 , a committee

of the Authority within the meaning of the Health and

Supportive Care Providers Oversight Authority Act, 2021 , an arbitrator

or a mediator; (“instance”)

(2) Clause

9 (2) (

e) of the Act is repealed and the following substituted

(

e) the

regulatory activities of a College under the Regulated

Heath Professions Act, 1991 , the College under the Social

Work and Social Service Work Act, 1998 , the Board under the Drugless Practitioners Act or the Health and Supportive

Care Providers Oversight Authority under the Health and

Supportive Care Providers Oversight Authority Act, 2021 ; or

(3) Subsection

17.1 (1) of the Act is amended by adding the following definition:

“Authority”

means the Authority within the meaning of the Health and

Supportive Care Providers Oversight Authority Act, 2021 ; (“Office”)

(4) Subsection

17.1 (2) of the Act is amended by striking out the portion before paragraph 1

and substituting the following:

Termination,

suspension, etc., of employed members or registrants

(2) Subject

to any exceptions and additional requirements, if any, that are prescribed, if

a health information custodian employs a health care practitioner who is a

member of a College or a registrant of the Authority, the health information

custodian shall give written notice of any of the following events to the

College or Authority within 30 days of the event occurring:

. . . .

(5) Subsection

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

(b.1) to

the Authority within the meaning of the Health and

Supportive Care Providers Oversight Authority Act, 2021 for the purpose

of the administration or enforcement of that Act;

Quality

of Care Information Protection Act, 2016

69 The definition of “proceeding” in

subsection 2 (1) of the Quality of Care Information

Protection Act, 2016 is repealed and the following substituted:

“proceeding”

includes a proceeding that is within the jurisdiction of the Legislature and

that is held in, before or under the rules of a court, a tribunal, a

commission, a justice of the peace, a coroner, a committee of a College within

the meaning of the Regulated Health Professions Act, 1991 ,

a committee of the Board of Regents continued under the Drugless

Practitioners Act , a committee of the Ontario College of Social Workers

and Social Service Workers under the Social Work and

Social Service Work Act, 1998 , a committee of the Authority within the

meaning of the Health and Supportive Care Providers

Oversight Authority Act, 2021 , an arbitrator or a mediator, but does not

include any activities carried on by a quality of care committee; (“instance”)

Regulated

Health Professions Act, 1991

70 (1) Subsection 36 (1) of

the Regulated Health Professions Act, 1991 is amended

by adding the following clause:

(c.1) to

the Health and Supportive Care Providers Oversight Authority for the purposes

of administering the Health and Supportive Care Providers

Oversight Authority Act, 2021 ;

(2) Section

85.1 of

Schedule 2 to the Act is repealed and the following substituted:

Reporting

by members

85.1

(1) A member

shall file a report in accordance with

section 85.3 if the member has

reasonable grounds, obtained in the course of practising the profession, to

believe that,

(

a) another

member of the same or a different College has sexually abused a patient; or

(

b) a

registrant of the Health and Supportive Care Providers Oversight Authority has

sexually abused a patient who receives health care or supportive care services

from the registrant.

name not known

(2) A

member is not required to file a report if the member does not know the name of

the member or registrant who would be the subject of the report.

information from a patient

(3) If

a member is required to file a report because of reasonable grounds obtained

from one of the member’s patients, the member shall use his or her best efforts

to advise the patient of the requirement to file the report before doing so.

(3) Section

85.3 of

Schedule 2 to the Act is repealed and the following substituted:

Requirements

of required reports

85.3

(1) A report

required under

section 85.1 or 85.2 must be filed in writing with,

(

a) the

Registrar of the College if a member of the College is the subject of the

report; or

(

b) the

Health and Supportive Care Providers Oversight Authority if a registrant of the

Authority is the subject of the report.

Timing

of report

(2) The report must be filed within 30 days

after the obligation to report arises unless the person who is required to file

the report has reasonable grounds to believe that the member or registrant will

continue to sexually abuse the patient or will sexually abuse other patients,

or that the incompetence or the incapacity of the member is likely to expose a

patient to harm or injury and there is urgent need for intervention, in which

case the report must be filed forthwith.

Contents

of report

(3) The

report must contain,

(

a) the

name of the person filing the report;

(

b) the

name of the member or registrant who is the subject of the report;

(

c) an

explanation of the alleged sexual abuse, incompetence or incapacity; and

(

d) if

the grounds of the person filing the report are related to a particular patient

of the member who is the subject of the report, the name of that patient,

subject to subsection (4).

Patients

not named without consent

(4) The

name of a patient who may have been sexually abused must not be included in a

report unless the patient, or if the patient is incapable, the patient’s

representative, consents in writing to the inclusion of the patient’s name.

reporter providing psychotherapy

(5) If

a member who is required to file a report under

section 85.1 is providing

psychotherapy to the member who would be the subject of the report, the report

must also contain the opinion of the member filing the report, if he or she is

able to form one, as to whether or not the member who is the subject of the

report is likely to sexually abuse patients in the future.

Part XI

Commencement and

Short Title

Commencement

71 The Act set out in this

Schedule

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

Governor.

Short

title

72 The

short title of the Act set out in

this

Schedule is the Health and Supportive Care Providers

Oversight Authority Act, 2021 .

Schedule 3

Medicine Act, 1991

The Medicine Act, 1991 is amended by adding the

following section:

Physician

assistants

4.1

(1) There

shall be a class of members to be known as physician assistants.

Restriction

(2) Subsect

to subsection (3), a reference in any other Act or regulation to a physician, a

legally qualified medical practitioner, a member of the College or any similar

expression does not include a physician assistant unless the other Act or

regulation specifically provides that it does.

Exception

(3) Despite

subsection (2), a provision of the Regulated Health

Professions Act, 1991 , that applies with respect to a member of the

College applies with respect to a physician assistant unless it provides

otherwise, except in,

(a) clause

33 (2) (

c) of that Act; and

(

b) paragraph

3 of subsection 33.1 (1) of that Act.

Additional

requirements for authorized acts by physician assistants

(4) A

member who is a physician assistant shall not perform

an act under the

authority of

section 4 unless the performance of the act by the member is

permitted by the regulations and the member performs the act in accordance with

the regulations.

Grounds

for misconduct

(5) In

addition to the grounds set out in subsection 51 (1) of the Health Professions

Procedural Code, a panel of the Discipline Committee shall find that a member

has committed

an act of professional misconduct if the member contravenes

subsection (4).

(1) Subsection 9 (1) of the Act is amended by striking out

““physician” or “surgeon”” and substituting ““physician”, “surgeon” or

“physician assistant””.

(2) Subsection

9 (3) of the Act is amended by striking out “physician or surgeon” and

substituting “physician, surgeon or physician assistant”.

Section 12 of the Act is amended by adding the following clause:

(

d) governing

the performance of acts by members who are physician assistants.

Commencement

This

Schedule comes into force on a day to be named by

proclamation of the Lieutenant Governor.

Schedule 4

Psychology and Applied Behaviour Analysis Act, 2021

Definitions

1 In this Act,

“College”

means the College of Psychologists and Behaviour Analysts of Ontario; (“Ordre”)

“Health

Professions Procedural Code” means the Health Professions Procedural Code set

out in

Schedule 2 to the Regulated Health Professions Act,

1991 ; (“Code des professions de la santé”)

“member”

means a member of the College; (“membre”)

“profession”

means the professions of psychology and applied behaviour analysis;

(“profession”)

“this

Act” includes the Health Professions Procedural Code. (“la présente loi”)

Health

Professions Procedural Code

(1) The

Health Professions Procedural Code shall be deemed to be part of this Act.

Terms

in Code

(2) In

the Health Professions Procedural Code, as it applies in respect of this Act,

“College”

means the College of Psychologists and Behaviour Analysts of Ontario; (“ordre”)

“health

profession Act” means this Act; (“loi sur une profession de la santé”)

“profession”

means the professions of psychology and applied behaviour analysis; (“profession”)

“regulations”

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

Definitions

in Code

(3) Definitions

in the Health Professions Procedural Code apply with necessary modifications to

terms in this Act.

Scope

of practice

Psychology

(1) The

practice of psychology is the assessment of behavioural and mental conditions,

the diagnosis of neuropsychological disorders and dysfunctions and psychotic,

neurotic and personality disorders and dysfunctions, the prevention and

treatment of behavioural and mental disorders and dysfunctions and the

maintenance and enhancement of physical, intellectual, emotional, social and

interpersonal functioning.

Applied

behaviour analysis

(2) The

practice of applied behaviour analysis is the assessment of covert and overt

behaviour and its functions through direct observation and measurement, and the

design, implementation, delivery and evaluation of interventions derived from

the principles of behaviour in order to produce meaningful improvements.

Authorized

acts

In the

course of engaging in the practice of psychology, a member is authorized,

subject to the terms, conditions and limitations imposed on the member’s

certificate of registration, to perform the following:

1. To

communicate a diagnosis identifying, as the cause of a person’s symptoms, a

neuropsychological disorder or psychologically based psychotic, neurotic or

personality disorder.

2. To

treat, by means of psychotherapy technique delivered through a therapeutic

relationship, an individual’s serious disorder of thought, cognition, mood,

emotional regulation, perception or memory that may seriously impair the

individual’s judgement, insight, behaviour, communication or social

functioning.

College

continued

The

College of Psychologists of Ontario is continued under the name College of

psychologues et des analystes du comportement de l’Ontario in French.

Council

(1) The

Council shall be composed of,

(

a) at

least eight and no more than 12 persons who are members elected in accordance

with the by-laws, at least three and no more than five of whom must hold a

certificate of registration in applied behaviour analysis;

(

b) at

least eight and no more than 13 persons appointed by the Lieutenant Governor in

Council who are not,

(

i) members,

(ii) members

of a College as defined in the Regulated Health

Professions Act, 1991 , or

(iii) members

of a Council as defined in the Regulated Health

Professions Act, 1991 ; and

(

c) at

least two and no more than four persons selected, in accordance with a by-law

made under

section 11, from among members who belong to the faculty of a

department of a university in Ontario, if that department is,

(

i) a

department of psychology, or

(ii) a

department, however described, that offers a specialization in applied

behaviour analysis.

Additional

qualification

(2) At

least one of the members selected pursuant to clause 1 (

c) must belong to the

faculty of a department that offers a specialization in applied behaviour

analysis.

Who

can vote in elections

(3) Subject

to the by-laws, every member who practises or resides in Ontario and who is not

in default of payment of the annual membership fee is entitled to vote in an

election of members of the Council.

President

and Vice-President

The

Council shall have a President and Vice-President who shall be elected annually

by the Council from among the Council’s members.

Restricted

titles

(1) No

person other than a member shall use the title “psychologist”, “psychological

associate” or “behaviour analyst”, a variation or abbreviation or an equivalent

in another language.

Representations

of qualification, etc.

(2) No

person other than a member shall hold themself out as a person who is qualified

to practise in Ontario as a psychologist, psychological associate or behaviour

analyst or in a specialty of psychology or applied behaviour analysis.

Same

(3) A

person who is not a member contravenes subsection (2) if the person uses the

word “psychology” or “psychological”, an abbreviation or an equivalent in

another language in any title or designation or in any description of services

offered or provided.

Exception

for university faculty

(4) Subsections

(1) and (3) do not apply to a person in the course of their employment by a

university.

Definition

(5) In

this section,

“abbreviation”

includes an abbreviation of a variation.

Notice

if suggestions referred to Advisory Council

(1) The

Registrar shall give a notice to each member if the Minister refers to the Advisory

Council, as defined in the Regulated Health Professions

Act, 1991 , a suggested,

(

a) amendment

to this Act;

(

b) amendment

to a regulation made by the Council; or

(

c) regulation

to be made by the Council.

Requirements

re notice

(2) A

notice mentioned in subsection (1) shall set out the suggestion referred to the

Advisory Council and the notice shall be given within 30 days after the Council

of the College receives the Minister’s notice of the suggestion.

Offence

Every

person who contravenes subsection 8 (1) or (2) is guilty of an offence and on

conviction is liable to a fine of not more than $25,000 for a first offence and

not more than $50,000 for a second or subsequent offence.

By-laws

The

Council may make by-laws,

(

a) respecting

the qualifications, number, selection and terms of office of Council members

who are selected; and

(

b) specifying

Ontario universities for the purposes of clause 6 (1) (c).

Transition

(1) A

person who, on the day before

section 15 of this Act came into force, was

registered under the Psychology Act, 1991 shall be

deemed to be the holder of a certificate of registration issued under this Act

subject to any term, condition or limitation to which the registration was

subject.

Same,

Council members

(2) A

person who, on the day before

section 15 of this Act came into force, was a

member of the Council or the President or Vice-President of the Council under

the Psychology Act, 1991 continues in office under

this Act until their term would otherwise expire.

Same,

by-laws and regulations

(3) By-laws

and regulations made under the Psychology Act, 1991

that were in force on the day before

section 15 of this Act came into force

remain in force until they are revoked or replaced under this Act.

Power

of Council

(4) The

Council of the College of Psychologists of Ontario has the power to make

by-laws and regulations under this Act to come into force on or after the day

section 15 comes into force.

Other

Acts

reference in any other Act to a member of the College of Psychologists of

Ontario shall be deemed to be a reference to a member of the College of

Psychologists and Behaviour Analysts of Ontario who practises the profession of

psychology.

Amendment

to this Act

Section 9 of this Act is repealed.

Repeal,

Psychology Act, 1991

The Psychology Act, 1991 is repealed.

Regulated

Health Professions Act, 1991

(1) Clause

33 (2) (

d) of the Regulated Health Professions Act, 1991

is amended by striking out “College of Psychologists of Ontario” and substituting

“College of Psychologists and Behaviour Analysts of Ontario who holds a

certificate of registration in the profession of psychology”.

(2) Item

15 of the Table to the Act is struck out and the following substituted:

person

registered under the Psychologists Registration Act

member

of the College of Psychologists and Behaviour Analysts of Ontario

15.1.

member

of the College of Psychologists of Ontario

member

of the College of Psychologists and Behaviour Analysts of Ontario

(3) Schedule

1 to the Act is amended by striking out,

Psychology

Act, 1991

Psychology

and

substituting the following:

Psychology

and Applied Behaviour Analysis Act, 2021

Psychology

and applied behaviour analysis

Commencement

(1) Subject to subsection (2), the Act set out in this

Schedule

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

Governor.

(2) Subsection

12 (4) comes into force on the day the Advancing Oversight

and Planning in Ontario’s Health System Act, 2021 receives Royal Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Psychology and Applied Behaviour Analysis Act, 2021 .

Bill 283 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

Covid-19 Vaccination Reporting Act, 2021

Persons

and entities that administer COVID-19 vaccines are required to provide certain

information to the Ministry of Health. The use that the Ministry may make of

the information is provided for.

Schedule

Health and Supportive Care Providers Oversight Authority Act, 2021

The

Schedule enacts the Health and Supportive Care Providers Oversight

Authority Act, 2021 and makes complementary amendments to several other

Acts. The major elements of the

Schedule are described below.

Part

I sets out interpretive provisions that apply to the Act.

Part

II establishes the Health and Supportive Care Providers Oversight Authority

(the “Authority”). The Authority is governed by a board composed of directors

appointed by the Lieutenant Governor in Council and directors appointed by the

members of the board. The board appoints a Chief Executive Officer to discharge

a number of duties and obligations under the Act. The objects of the Authority

include administering the Act and the regulations and governing the health

services and supportive care services provided by registrants. The Authority

must enter into a memorandum of understanding with the Minister of Health, who

is entitled to appoint a supervisor to assume control of the Authority if the

Minister considers it to be in the public interest. The Authority must comply

with policy directions issued by the Minister.

Part

III establishes the process for applying for registration with the Authority.

Applicants can apply to join the personal support worker class of registration

or any other prescribed class of registration. Applicants must meet the

prescribed criteria for registration and shall be refused registration if they

meet the prescribed prohibited grounds for registration. Refusals to register

an applicant and decisions to impose conditions on a registrant may be

submitted to the Health Professions Appeal and Review Board for a written

review.

Part

IV establishes the rules that apply to registrations. Registrations are subject

to conditions applied under the Act or the regulations and expire in accordance

with the rules set out in the Authority’s by-laws. The Chief Executive Officer

is required to establish a register of registrants and make certain information

about them available to the public. Registrants are required to report to the

Chief Executive Officer when they are found guilty of or charged with certain

offences. They are also required to make a report if they have reasonable

grounds to believe that another registrant or a member of a health profession

college has sexually abused a person who receives health services or supportive

care services. Persons who choose not to register with the Authority are not

prohibited from providing health services or supportive care services, but they

cannot hold themselves out as a registrant with the Authority or use any visual

mark or other identifier established by the Authority for registrants.

Part

V establishes the procedures for complaints and investigations. The Chief

Executive Officer may investigate complaints or may appoint investigators on

their own initiative. Investigators have a number of powers to investigate

contraventions of the Act and the regulations. The Chief Executive Officer may

take action as appropriate, which may include requiring additional training for

registrants, applying conditions to their registration or referring contraventions

of the prescribed code of ethics to the discipline committee. Urgent interim

action may also be taken in certain circumstances. The discipline committee is

established by the board to hear allegations of contraventions of the

prescribed code of conduct. They may direct the Chief Executive Officer to

revoke, suspend or impose conditions on a registration. Their decisions may be

appealed to the appeals committee, which is also established by the board.

Part

VI sets out a number of miscellaneous provisions, including provisions

respecting fees, confidentiality, evidence and the service of documents.

Part

VII sets out offences under the Act and establishes the penalty for committing

an offence. It also empowers the

court to take precautions to avoid the disclosure of personal health

information in relation to investigations and prosecutions under the Act.

Part

VIII sets out limitations on the liability of the Authority, the Crown, and

various officers, employees, service providers, agents and other officials.

Part

IX sets out the Lieutenant Governor in Council’s power to make regulations

under the Act.

Part

X sets out amendments to the Act and complementary amendments to various other

Acts. The Fair Access to Regulated Professions and

Compulsory Trades Act, 2006 is amended so that the Authority is a

regulated profession for the purposes of that Act. The Ministry

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

amended to provide the Health Professions Appeal and Review Board with the

authority to make decisions in respect of the Authority. The Regulated Health Professions Act, 1991 is amended to

permit certain information to be communicated to the Authority and to require

members of every College to report if they have a reasonable belief that a

registrant of the Authority has sexually abused a patient. The Excellent Care for All Act, 2010 , the Quality of Care Information Protection Act, 2016 and the Personal Health Information Protection Act, 2004 are

amended to extend the application of certain provisions of those Acts to the

Authority.

Part

XI sets out the commencement and

short title of the Act set out in this

Schedule.

Schedule

Medicine Act, 1991

The

Medicine Act, 1991 is amended to provide for a

class of members of the College of Physicians and Surgeons of Ontario to be

known as “physician assistants”. Rules concerning the acts they may perform are

provided for.

Schedule

Psychology and Applied Behaviour Analysis Act, 2021

The

Psychology and Applied Behaviour Analysis Act, 2021

is enacted. The Psychology Act, 1991 is repealed,

and the College of Psychologists of Ontario is continued under the name College

of Psychologists and Behaviour Analysts of Ontario.

The

scopes of practice of psychology and applied behaviour analysis are provided

for.

Related

amendments are made to the Regulated Health Professions

Act, 1991 .

Bill 283 2021

Act to amend and enact various Acts with respect to the health system

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Covid-19

Vaccination Reporting Act, 2021

Schedule 2

Health

and Supportive Care Providers Oversight Authority Act, 2021

Schedule 3

Medicine

Act, 1991

Schedule 4

Psychology

and Applied Behaviour Analysis Act, 2021

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

a

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 Advancing

Oversight and Planning in Ontario’s Health System Act, 2021 .

Schedule 1

Covid-19 Vaccination Reporting Act, 2021

Definitions

this Act,

“information” includes personal health

information within the meaning of the Personal Health Information

Protection Act, 2004 ; (“renseignements”)

“Minister”

means the Minister of Health, or such other Minister as may be assigned

responsibility for the administration of this Act under the Executive Council Act ; (“ministère”)

“Ministry”

means the Ministry of the Minister; (“ministre”)

“personal

health information” has the same meaning as in

section 4 of the Personal Health Information Protection Act, 2004 ; (“renseignements

personnels sur la santé”)

“regulations”

means the regulations made under this Act; (“règlements”)

“vaccinator”

means any person or entity who administers a vaccine to an individual in

Ontario; (“vaccinateur”)

“vaccine”

means a vaccine to protect against COVID-19. (“vaccine”)

Providing

information re individual

Every

vaccinator shall ensure that the following information is disclosed to the

Ministry in respect of every individual to whom the vaccinator administers a

vaccine and every individual to whom the vaccinator declines to administer a

vaccine, unless the individual has not supplied the information to the

vaccinator:

1. The

name or names of the individual, including a legal name, an alternate name or

an alias.

2. The

telephone number or email address of the individual.

3. The

individual’s date of birth.

4. The

individual’s sex.

5. The individual’s Ontario health

card number.

5. The individual’s health number

within the meaning of the Personal Health Information

Protection Act, 2004 .

6. Any

other information provided for in the regulations.

Providing

information re vaccine

Every

vaccinator shall ensure that the following information is disclosed to the

Ministry with respect to each dose of a vaccine administered by the vaccinator:

1. Product

name and manufacturer.

2. Date

of administration.

3. Lot

number.

4. Expiry

date.

5. Dose

number for the individual it was administered to.

6. The

responsible public health unit for the geographic area in which the dose was

administered.

7. The

anatomical location of injection.

8. The

route of administration.

9. Any

other information provided for in the regulations.

Information

re vaccinator

Every

vaccinator shall ensure that the following information is disclosed to the

Ministry with respect to the vaccinator:

1. The

vaccinator’s name.

2. The

vaccinator’s contact information.

3. The

vaccinator’s professional designation and licence number.

4. Any

other information provided for in the regulations.

Use and disclosure of reportable

information by Ministry

(1) Subject to subsection (2), the Ministry

shall use and disclose the information disclosed under sections 2, 3 and 4 in

accordance with the Personal Health Information Protection

Act, 2004 .

(2) Despite the Personal Health Information Protection Act, 2004 , the

Ministry shall use and disclose any information that may be prescribed in the

regulations in accordance with the requirements provided for in the

regulations.

Use and disclosure of reportable

information by Ministry

5 The Ministry shall use and disclose the information

disclosed to it under sections 2, 3 and 4 in accordance with the Personal Health Information Protection Act, 2004 and with

any additional requirements that may be provided for in the regulations.

Directives

(1) The

Minister may make directives in writing respecting the form, manner and timing

of the disclosures required under sections 2, 3 and 4, and every vaccinator to

whom a directive is directed shall comply with the directive.

Not

a regulation

(2) A

directive under this

section is not a regulation within the meaning of

Part III

(Regulations) of the Legislation Act, 2006 .

Regulations

The

Lieutenant Governor in Council may make regulations,

(

a) respecting

and governing anything that, under this Act, may be prescribed or provided for

in the regulations;

(

b) modifying

or clarifying the definition of “vaccinator” for the purposes of this Act;

(

c) respecting

how vaccinators may provide information under sections 2, 3 and 4;

(

d) providing

for exemptions from this Act or any provision of this Act, and setting

conditions on such an exemption;

(

e) generally,

for carrying out the purposes, provisions and intent of this Act.

Commencement

The Act set out in this

Schedule comes into force on the day the Advancing Oversight and Planning in Ontario’s Health System Act,

2021 receives Royal Assent.

Short

title

The

short title of the Act set out in this

Schedule is the COVID-19 Vaccination Reporting Act, 2021 .

Schedule 2

Health and Supportive Care Providers Oversight Authority Act, 2021

CONTENTS

PART I

INTERPRETATION

Interpretation

PART II

THE AUTHORITY

Establishment, Composition and

Governance

Authority

established

Composition

of Authority

Board

Interim

board

By-laws

Not

Crown agent

Corporations

Act, Corporations Information Act

Employees, Officers, Agents and

Committees

Employees

Chief

Executive Officer

Advisory

committees

Objects, Powers and Duties

Objects

Capacity,

rights, powers and privileges

Memorandum

of understanding

Accountability

Minister’s

authority to appoint supervisor

Status

of board during supervisor’s tenure

Policy

directions

Ministerial

reviews

Duty

to advise the Minister

Internal

audit

External

audit

Disclosure

of compensation and other payments

Public

interest considerations

Miscellaneous

Prohibitions

Services

in French

PART III

APPLICATIONS FOR REGISTRATION

Applications

Registration

Refusal

to register, etc.

Written

review by HPARB

PART IV

REGISTRATIONS

Conditions and the Register

Registration

subject to conditions

Expiry

of registration

Register

Reporting and Information

Reporting

by registrants re: offences

Reporting

by registrants re: charges and bail conditions, etc.

Sexual

abuse reporting

Collection

of personal information from registrants

Prohibitions on Non-Registrants

Holding

out prohibitions for non-registrants

PART V

COMPLAINTS, INVESTIGATIONS AND DISCIPLINE

Complaints and Investigations

Complaints

Appointment

of investigators

Entry

to dwellings

Entries

and searches

Copying

of documents and objects

Obstruction,

etc. prohibited

Resolution of Complaints or

Investigations and Appeals

Chief

Executive Officer actions

Urgent

interim action

Discipline

and appeals committees

Appeals

committee

Public

access to decisions

PART VI

MISCELLANEOUS

Forms

Fees,

etc.

Confidentiality

Evidence

in civil proceedings

Service

Review

of Act

PART VII

OFFENCES

Offences

Penalty

56.1

Protection of personal health information

PART VIII

LIABILITY OF THE AUTHORITY AND THE CROWN

personal liability, Authority officials

personal liability, Crown officials

Crown liability, persons other than Crown officials

Proceedings

barred

Interpretation,

former officials

PART IX

REGULATIONS

Regulations

PART X

AMENDMENTS TO THIS ACT AND COMPLEMENTARY AMENDMENTS TO OTHER

ACTS

Amendments

to this Act

Excellent

Care for All Act, 2010

Fair

Access to Regulated Professions and Compulsory Trades Act, 2006

Ministry

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

Personal

Health Information Protection Act, 2004

Quality

of Care Information Protection Act, 2016

Regulated

Health Professions Act, 1991

PART XI

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

Part I

Interpretation

Interpretation

(1) In this Act,

“Authority”

means the corporation without share capital incorporated under

section 2; (“Office”)

“board”

means the board of directors of the Authority; (“conseil”)

“Chief

Executive Officer” means the Chief Executive Officer of the Authority appointed

under subsection10 (1); (“directeur général”)

“memorandum

of understanding” means the memorandum of understanding described in subsection

14 (1); (“protocole d’entente”)

“Minister”

means the Minister of Health or such other member of the Executive Council as

may be assigned the administration of this Act under the Executive

Council Act ; (“ministre”)

“personal health information” has the

same meaning as in

section 4 of the Personal Health Information Protection Act,

2004; (“renseignements personnels sur la santé”)

“personal information” means personal information

within the meaning of the Freedom of Information and Protection of Privacy Act;

(“renseignements personnels”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“registrant”

means a person or individual that is registered with the Authority under this

Act; (“titulaire d’une inscription”)

“regulations”

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

Sexual

abuse

(2) In

this Act,

“sexual

abuse” of a person who receives health services or supportive care services

from a registrant means,

(

a) sexual

intercourse or other forms of physical sexual relations between the registrant

and the person,

(

b) touching,

of a sexual nature, of the person by the registrant, or

(

c) behaviour

or remarks of a sexual nature by the registrant towards the person.

Same,

exceptions

(3) For

the purposes of subsection (2),

“sexual

nature” does not include,

(

a) touching,

behaviour or remarks that are appropriate to the service provided by the

registrant, or

(

b) any

other prescribed conduct, behaviour or remarks.

Part II

The Authority

Establishment, Composition and Governance

Authority

established

2 A corporation without share capital is

established under the name Health and Supportive Care Providers Oversight

santé et de soutien in French.

Composition

of Authority

(1) The Authority is composed of the

members of its board of directors.

Same

(2) A

person ceases to be a member of the Authority when they cease to be a director of

the Authority.

Board

(1) The Authority shall have a board

of directors which shall manage or supervise the management of the affairs of

the Authority.

Composition

of board

(2) The

board shall consist of no fewer than eight and no more than 12 directors.

Appointed

directors

(3) The

Lieutenant Governor in Council may appoint directors to the board, subject to

subsection (4).

Not

majority

(4) The

Lieutenant Governor in Council shall ensure that the directors appointed by the

Lieutenant Governor in Council do not constitute a majority of the directors on

the board.

Elected

directors

(5) The

directors that are not appointed by the Lieutenant Governor in Council shall be

elected by the members of the board.

Eligibility

(6) A

person is eligible to be elected or appointed as a director of the Authority if

they,

(

a) are

not a registrant;

(

b) meet

any prescribed qualifications; and

(

c) in

the case of elected board members described in subsection (5), meet any

qualifications that are set out in the Authority’s by-laws.

Rules

respecting who may serve as director of Authority

(7) The

regulations may establish rules regarding who can serve as a director of the

Authority, including,

(

a) requiring

that no more than a fixed percentage of directors shall be drawn from among

specified persons or classes of persons;

(

b) specifying

the qualifications for being a director of the Authority;

(

c) specifying

the length of a director’s term; and

(

d) specifying

the number of terms that a director can serve.

Remuneration

and expenses

(8) The

Authority shall pay reasonable remuneration and expenses to the directors.

Meetings

(9) The

board shall meet regularly throughout the year and in any event shall hold at

least four meetings in each calendar year.

Quorum

(10) A

majority of the number of directors required to be on the board constitutes a

quorum.

Chair

(11) The

Minister shall designate a chair of the board from among the directors.

First

election

(12) The

first election of the directors mentioned in subsection (5) shall take place

before the second anniversary of the day this

section comes into force or

before a later date that is prescribed.

Interim

board

(1) Until the first election

of the directors mentioned in subsection 4 (12) takes place, the Authority shall

have an interim board consisting of three to five directors who shall be

appointed by the Lieutenant Governor in Council.

Remuneration

and expenses of interim board

(2) The

remuneration and expenses of the directors on the interim board shall be determined

by the Lieutenant