Sunnybrook and Women's College Health Sciences Centre Act, 1998 Witmer, Hon. Elizabeth Minister of Health — Bill 51 (36th Parliament, 2nd Session)

Bill 51, 36-2

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Bill 51, Sunnybrook and Women's College Health Sciences Centre Act, 1998

Witmer, Hon. Elizabeth Minister of Health

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[36] Bill 51 Original (PDF)

B051_E

Bill 51 1998

An Act to amalgamate Sunnybrook Hospital and Orthopaedic and Arthritic

Hospital and to transfer all assets and liabilities of Women's College

Hospital to the amalgamated hospital

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

Assembly of the Province of Ontario, enacts as follows:

Purpose

1. The purposes of this Act are as follows:

1. To provide for the amalgamation of Sunnybrook Hospital and Orthopaedic

and Arthritic Hospital so that all the assets and liabilities of the two

hospitals become those of the amalgamated corporation.

2. To transfer all the assets and liabilities of Women's College Hospital

to the amalgamated corporation as though Women's College Hospital were

amalgamating with Sunnybrook Hospital and Orthopaedic and Arthritic Hospital

and to allow Women's College Hospital to continue to exist as a separate

corporation.

3. To ensure that the amalgamated corporation honours the commitments and

obligations of Sunnybrook Hospital to provide health care to veterans.

Definitions

2. In this Act,

board" means the board of directors of the corporation; ("conseil")

corporation" means the corporation resulting from the amalgamation of

Orthopaedic and Arthritic Hospital and Sunnybrook Hospital under

section 3;

("personne morale")

Orthopaedic and Arthritic Hospital" means the corporation incorporated by

letters patent on June 3, 1949; ("Orthopaedic and Arthritic Hospital")

Orthopaedic and Arthritic (OAC) Corporation" means the corporation

incorporated by letters patent on June 12, 1998; ("Orthopaedic and Arthritic

(OAC) Corporation")

special resolution" means a resolution described in

section 12;

("résolution spéciale")

Sunnybrook Hospital" means the corporation established under The

Sunnybrook Hospital Act, 1966 , being

chapter 150 of the Statutes of

Ontario, 1966; ("Sunnybrook Hospital")

Sunnybrook SHSC Corporation" means the corporation incorporated by letters

patent on May 27, 1998; ("Sunnybrook SHSC Corporation")

University" means The Governing Council of the University of Toronto.

("Université")

Amalgamation

(1) Orthopaedic and Arthritic Hospital and Sunnybrook

Hospital are amalgamated and continued as a corporation without share capital

under the name Sunnybrook and Women's College Health Sciences Centre.

Transfer of assets and liabilities

(2) All rights, obligations, assets and liabilities of Orthopaedic and

Arthritic Hospital and Sunnybrook Hospital are the rights, obligations,

assets and liabilities of the corporation and the corporation stands in the

place of Orthopaedic and Arthritic Hospital and Sunnybrook Hospital for all

purposes.

Transfer of Women's College Hospital's assets and liabilities

(1) On the day this Act comes into force, the rights,

obligations, assets and liabilities of Women's College Hospital, as they were

immediately before the day this Act comes into force, become the rights,

obligations, assets and liabilities of the corporation.

Transfer of medical records

(2) Any medical records kept and maintained by Women's College Hospital

shall be transferred to the corporation in a manner that will protect the

privacy of the records.

Proceedings

(3) On the day this Act comes into force, the corporation replaces Women's

College Hospital as a party to any ongoing proceeding.

Claims

(4) Claims that may be made by or against Women's College Hospital as a

result of circumstances, events or activities that occurred before the day

this Act comes into force shall be made by or against the corporation on or

after the day this Act comes into force.

Employees

(5) Persons who, immediately before the day this Act comes into force,

were employees of Women's College Hospital become, on the day this Act comes

into force, employees of the corporation.

Application of Public Sector Labour Relations Transition Act,

(6) The Public Sector Labour Relations Transition Act, 1997

applies to the transfer of assets and liabilities under this

section as

though the transfer occurred as part of the amalgamation under

section 3 and

for the purpose of the application of that Act to the transfer of assets and

liabilities and the amalgamation,

(

a) Orthopaedic and Arthritic Hospital, Sunnybrook Hospital and Women's

College Hospital are the predecessor employers;

(

b) the corporation is the successor employer; and

(

c) the day this Act comes into force is the changeover date.

Gifts, etc., to hospitals

(1) All gifts, trusts, bequests, devises and grants of

property to Orthopaedic and Arthritic Hospital, Sunnybrook Hospital and

Women's College Hospital shall be deemed to be gifts, trusts, bequests,

devises and grants of property to the corporation.

Use of gifts, etc., to certain hospitals

(2) All gifts, trusts, bequests, devises and grants of property to

Orthopaedic and Arthritic Hospital and Women's College Hospital which are

deemed to be gifts, trusts, bequests, devises and grants of property to the

corporation under subsection (1) shall,

(

a) in the case of gifts, trusts, bequests, devises and grants of property

to Orthopaedic and Arthritic Hospital, be used for purposes of the

musculoskeletal program referred to in subsection 8 (2) and of the

Orthopaedic and Arthritic Institute operated by the corporation; and

(

b) in the case of gifts, trusts, bequests, devises and grants of property

to Women's College Hospital, be used for purposes of the women's health

programs referred to in subsections 8 (2) and (3).

Gifts, etc., to Orthopaedic and Arthritic Hospital Foundation

(3) All gifts, trusts, bequests, devises and grants of property to

Orthopaedic and Arthritic Hospital Foundation for the benefit of Orthopaedic

and Arthritic Hospital shall be deemed to be gifts, trusts, bequests, devises

and grants of property to the foundation for the benefit of the corporation

and, subject to subsection (6), the property shall be used for such purposes

within the corporation's objects as may be specified by the foundation.

Gifts, etc., to Sunnybrook Foundation

(4) All gifts, trusts, bequests, devises and grants of property to The

Sunnybrook Foundation for the benefit of Sunnybrook Hospital shall be deemed

to be gifts, trusts, bequests, devises and grants of property to the

foundation for the benefit of the corporation and, subject to subsection (6),

the property shall be used for such purposes within the corporation's objects

as may be specified by the foundation.

Gifts, etc., to Women's College Hospital Foundation

(5) All gifts, trusts, bequests, devises and grants of property to Women's

College Hospital Foundation for the benefit of Women's College Hospital shall

be deemed to be gifts, trusts, bequests, devises and grants of property to

the foundation for the benefit of the corporation and, subject to subsection

(6), the property shall be used for such purposes within the corporation's

objects as may be specified by the foundation.

Specified purpose

(6) If a will, deed or other document by which a gift, trust, bequest,

devise or grant referred to in subsection (1), (3), (4) or (5) is made

indicates that the property is to be used for a specified purpose, the

property shall be used for that purpose.

Gifts to foundation, no specified use

(7) If a will, deed or other document by which a gift, trust, bequest,

devise or grant of property is made to a foundation referred to in subsection

(3), (4) or (5) does not specify that it is for the benefit of the relevant

hospital, the foundation may, in the absence of any contrary intention set

out in the will, deed or document, use it for the benefit of the corporation

or for any other purpose within the objects of the foundation.

Timing

(8) Subsections (1), (3), (4), (5) and (7) apply whether the will, deed or

document, by which the gift, trust, bequest, devise or grant is made, is made

before or after the day this Act comes into force.

Powers

6. The corporation has the capacity and the rights,

powers and privileges of a natural person.

No members

7. The corporation has no members.

Objects

(1) The objects of the corporation are,

(

a) to operate and maintain an academic centre of excellence that, in

partnership with its communities and fully-affiliated with the University of

Toronto, ensures a full range of high-quality, value-based, patient-centred

services and that is a leader in women's health;

(

b) to operate, maintain and equip health care and hospital facilities and

programs; and

(

c) to operate among other priority programs, the programs referred to in

subsection (2) and the programs referred to in subsection (3).

Programs

(2) The corporation shall establish and operate a musculoskeletal program

and a women's health program as priority programs.

Ambulatory care women's health programs

(3) The corporation shall establish ambulatory care women's health

programs, including a sexual assault care centre, at a facility to be located

at 76 Grenville Street in the City of Toronto.

Change of location

(4) The location of the facility provided for under subsection (3) may be

changed by agreement of the corporation and Women's College Hospital or,

failing an agreement, in accordance with a dispute resolution mechanism which

shall be provided for in the agreement referred to in subsection (6).

Name of facility

(5) The name of the facility referred to in subsection (3) shall be the

Women's College Hospital Ambulatory Care Centre, unless changed in accordance

with subsection (7).

Management agreement

(6) The corporation shall enter into an agreement with Women's College

Hospital for the management and operation of the programs referred to in

subsection (3).

Change of name or to agreement

(7) The name of the facility may be changed, and the agreement referred to

in subsection (6) may be amended, only with the written consent of Women's

College Hospital and the written consent of the corporation, which consent

shall be given only if approved by a special resolution of the board.

Termination of agreement

(8) The agreement referred to in subsection (6) shall not be unilaterally

terminated by either party and shall continue unless terminated in accordance

with its provisions.

Committees

(1) Subject to subsection (3), the corporation shall

establish and maintain the following committees:

1. A women's health committee.

2. A musculoskeletal committee.

3. A veterans committee.

Same, composition

(2) The composition and mandate of the committees referred to in

subsection (1) shall be in accordance with the by-laws of the corporation and

approved by a special resolution of the board.

Dissolution of committees

(3) The board may, by special resolution, dissolve or change the name of a

committee referred to in subsection (1).

Delegation of board's powers

(4) The board may, by special resolution, delegate to its committees such

powers of the board as it deems appropriate.

Board

(1) The affairs of the corporation shall be managed

by a board of directors which shall, subject to

section 11, consist of:

(

a) five directors appointed by Women's College Hospital;

(

b) two directors appointed by Orthopaedic and Arthritic (OAC)

Corporation;

(

c) one director appointed by the University, on the recommendation of

Orthopaedic and Arthritic (OAC) Corporation;

(

d) seven directors appointed by the University, on the recommendation of

Sunnybrook SHSC Corporation;

(

e) the chair of the University or a person appointed by the chair of the

University;

(

f) the president and vice-president of the medical staff of the

corporation and the chair of the medical advisory committ

Document details

Collection	Ontario — Bills
Citation	Bill 51, 36-2
Type	bill
Volume / chapter	p36 s2 bill 51 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	87cf4dee17849b54495fa56429ace9d296fd0d9c

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