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Bill 95, Making the Patient Ombudsman an Officer of the Assembly Act, 2023

Fraser, John

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Status

Debates

Acts affected

Original

Bill 95 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Excellent Care for All Act, 2010 to

make the patient ombudsman an officer of the Assembly.

Currently,

the patient ombudsman is appointed by the Lieutenant Governor in Council, who

fixes their salary or other remuneration and has the power to revoke their

appointment. The Bill amends the Act so that the patient ombudsman is appointed

by the Assembly and so that the appointment is subject to revocation by the

Assembly. The amendments provide that the patient ombudsman’s salary is fixed

by the Board of Internal Economy and requires the patient ombudsman to provide

reports to the Speaker, rather than to the Minister.

The

Bill provides that the current patient ombudsman continues in office until

their appointment is revoked or until the term of their appointment expires.

Bill 95 2023

Act to amend the Excellent Care for All Act, 2010 with respect to the patient

ombudsman

His

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

Province of Ontario, enacts as follows:

(1) Subsection 13.1 (1) of the Excellent Care

for All Act, 2010 is repealed and the following substituted:

Patient

ombudsman

(1) There

shall be a patient ombudsman who is an officer of the Assembly.

Appointment

(1.1) The

Assembly shall, by order, appoint the patient ombudsman.

(2) Subsections

13.1 (3) and (4) of the Act are repealed and the following substituted:

Salary,

etc.

(3) The

Board of Internal Economy shall fix the salary or other remuneration and the

benefits, including rights relating to severance, termination, retirement and

superannuation, of the patient ombudsman.

(3) Subsections

13.1 (7) and (8) of the Act are repealed and the following substituted:

Revocation

(7) The

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

of the Assembly, revoke the appointment of the patient ombudsman for cause.

Temporary

appointment

(8) If

the position of patient ombudsman is vacant or if for any reason the patient

ombudsman is unable or unwilling to fulfil the duties of the office, the

Assembly may, by order, appoint a temporary patient ombudsman for a term of up

to six months.

Appointment

if Assembly not in session

(8.1) If

the position of patient ombudsman is vacant or if for any reason the patient

ombudsman is unable or unwilling to fulfil the duties of the office while the

Assembly is not in session, the Board of Internal Economy may appoint a

temporary patient ombudsman for a term of up to six months.

Transition

(8.2) The

patient ombudsman who held office on the day before the Making

the Patient Ombudsman an Officer of the Assembly Act, 2023 received

Royal Assent continues to hold office until their appointment is revoked under

subsection (7) or until the term of their appointment expires.

Subsection 13.5 (1) of the Act is repealed and the following substituted:

Reports

by patient ombudsman

(1) The

patient ombudsman shall report to the Speaker of the Assembly on the activities

and recommendations of the patient ombudsman at least annually, and otherwise

as the patient ombudsman considers appropriate.

Report

to be tabled

(1.1) The

Speaker of the Assembly shall cause a report described in subsection (1) to be

laid before the Assembly if it is in session or, if not, at the next session.

Commencement

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

Short

title

The

short title of this Act is the Making the Patient

Ombudsman an Officer of the Assembly Act, 2023 .

Date Bill stage Event Outcome Committee

April 4, 2023

First Reading

Ordered for Second Reading

April 4, 2023

First Reading

Vote

Carried

First Reading

April 4, 2023

Carried