Regulated Health Professions Amendment Act (Spousal Exception), 2013 Clark, Steve — Bill 70 (40th Parliament, 2nd Session)

Bill 70, 40-2

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 70, Regulated Health Professions Amendment Act (Spousal Exception), 2013

Clark, Steve

Please select

View bill

Status

Debates

Acts affected

Original

Royal Assent

[40] Bill 70 Royal Assent (PDF)

Bill 70 2013

Act to amend the Regulated Health Professions Act, 1991

Her

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

Province of Ontario, enacts as follows:

(1) Section 1 of

Schedule 2 (Health Professions Procedural Code) to the Regulated Health Professions Act, 1991 is amended

by adding the following subsections:

Exception,

spouses

(5) If the Council has made a regulation

under clause 95 (1) (0.a), conduct, behaviour or remarks that would otherwise

constitute sexual abuse of a patient by a member under the definition of

"sexual abuse" in subsection (3) do not constitute sexual abuse if,

(

a) the

patient is the member's spouse; and

(

b) the

member is not engaged in the practice of the profession at the time the conduct,

behaviour or remark occurs.

Definition

(6) For the purposes of subsection (5),

"spouse",

in relation to a member, means,

(

a) a

person who is the member's spouse as defined in

section 1 of the Family Law Act , or

(

b) a

person who has lived with the member in a conjugal relationship outside of

marriage continuously for a period of not less than three years.

(2) Subsection 95 (1) of

Schedule 2 to the Act is

amended by adding the following clause:

(0.

a) providing

that the spousal exception in subsection 1 (5) applies in respect of the

College;

Commencement

2. This

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

Short

title

3. The

short title of this Act is the Regulated Health

Professions Amendment Act (Spousal Exception), 2013 .

EXPLANATORY NOTE

This

Explanatory Note was written as a reader's aid to Bill 70 and does not form

part of the law. Bill 70 has been enacted as

Chapter 9 of the Statutes of

Ontario, 2013.

Currently,

subsection 1 (3) of the Health Professions Procedural Code, which is a

Schedule

to the Regulated Health Professions Act, 1991 , sets

out a definition of "sexual abuse" that includes certain conduct, behaviour and

remarks between a patient and a member of a regulated health profession. New

subsection 1 (5) of the Code provides for an exception where the patient is the

member's spouse and the conduct, behaviour or remark does not occur while the

member is engaged in the practice of the profession. The exception is only

available to a member of a particular health profession if the member's College

makes a regulation that adopts the exception.

[40] Bill 70 Original (PDF)

Bill 70 2013

Act to amend the Regulated Health Professions Act, 1991

Note:

This Act amends the Regulated Health Professions Act, 1991 .

For the legislative history of the Act, see the Table of Consolidated Public

Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

(1) Section 1 of

Schedule 2 (Health Professions Procedural Code) to the Regulated Health Professions Act, 1991 is amended

by adding the following subsections:

Exception,

spouses

(5) If the Council has made a regulation under clause 95

(1) (0.a), conduct, behaviour or remarks that would otherwise constitute sexual

abuse of a patient by a member under the definition of "sexual abuse" in

subsection (3) do not constitute sexual abuse if,

(

a) the

patient is the member's spouse; and

(

b) the

member is not engaged in the practice of the profession at the time the

conduct, behaviour or remark occurs.

Definition

(6) For the purposes of subsection (5),

"spouse",

in relation to a member, means,

(

a) a

person who is the member's spouse as defined in

section 1 of the Family Law Act , or

(

b) a

person who has lived with the member in a conjugal relationship outside of

marriage continuously for a period of not less than three years.

(2) Subsection 95 (1) of

Schedule 2 to the Act is amended by adding

the following clause:

(0.

a) providing

that the spousal exception in subsection 1 (5) applies in respect of the College;

Commencement

2. This

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

Short

title

3. The

short title of this Act is the Regulated Health

Professions Amendment Act (Spousal Exception), 2013 .

EXPLANATORY

NOTE

Currently,

subsection 1 (3) of the Health Professions Procedural Code, which is a

Schedule

to the Regulated Health Professions Act, 1991 , sets

out a definition of "sexual abuse" that includes certain conduct, behaviour and

remarks between a patient and a member of a regulated health profession. New

subsection 1 (5) of the Code provides for an exception where the patient is the

member's spouse and the conduct, behaviour or remark does not occur while the

member is engaged in the practice of the profession. The exception is only available

to a member of a particular health profession if the member's College makes a

regulation that adopts the exception.

Date Bill stage Activity Committee

November 6, 2013

Royal Assent

Royal Assent received

October 23, 2013

Third Reading

Carried

October 23, 2013

Third Reading

Debate

October 9, 2013

Ordered for Third Reading pursuant to the Order of the House

October 9, 2013

Reported without amendment

October 9, 2013

Consideration of a Bill

Standing Committee on the Legislative Assembly

October 3, 2013

Motion to arrange proceedings

October 2, 2013

Consideration of a Bill

Standing Committee on the Legislative Assembly

May 30, 2013

Ordered referred to Standing Committee

Standing Committee on the Legislative Assembly

May 30, 2013

Second Reading

Carried

May 30, 2013

Second Reading

Debate

May 15, 2013

First Reading

Carried

Debates and Progress

First Reading

May 15, 2013

Committee

Second Reading

May 30, 2013

Mr. Steve Clark, M me France Gélinas, Ms. Helena Jaczek, Mrs. Jane McKenna, Mr. Kevin Daniel Flynn, Mr. John O’Toole, Mr. Jim McDonell, Mr. Rick Nicholls

May 30, 2013

Declared carried. Referred to the Standing Committee on the Legislative Assembly.

Motion to Arrange Proceedings

October 3, 2013

Committee

Standing Committee on the Legislative Assembly

October 2, 2013

October 9, 2013

October 9, 2013

Reported to the House without amendment. Ordered for third reading pursuant to the Order of the House.

Third Reading

October 23, 2013

Declared Carried.

Mr. Steve Clark, M me France Gélinas, Hon. Deborah Matthews, Mr. Bill Walker, Ms. Helena Jaczek, Mr. John O'Toole, Mr. John Yakabuski, Mr. Kevin Daniel Flynn, Mr. Rick Nicholls, Mr. Rob E. Milligan

Royal Assent

Acts affected - Bill 70

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

Regulated Health Professions Act, 1991

Legislative Assembly of Ontario

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top

Document details

Collection	Ontario — Bills
Citation	Bill 70, 40-2
Type	bill
Volume / chapter	p40 s2 bill 70 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	b884613b116c39024bb2a7d169f0cd29ce1f5177

Source file is stored in the law ingest library (html).