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Bill 135, Convenient Care at Home Act, 2023

Jones, Hon. Sylvia Minister of Health

Royal Assent received. Statutes of Ontario 2023,

chapter 19

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Bill 135 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 135 and does not form part of the law.

Bill 135 has been enacted as

Chapter 19 of the Statutes of Ontario, 2023.

The

Bill amends the Connecting Care Act, 2019 to

establish the Service Organization. The Service Organization is a corporation

à domicile Ontario in French.

The

existing local health integration networks are amalgamated to become the

Service Organization. The rules for this amalgamation are set out.

The

Service Organization is a subsidiary of the Agency, a Crown agent and a health

service provider. It may be subject to a transfer order under the Act and may

also be a recipient of such an order.

The

objects and corporate governance of the Service Organization are provided for.

Its objects include the provision of home and community care services to

patients, the provision of placement management services and the provision of

operational supports, including care co-ordination services, to health service

providers and Ontario Health Teams. The amendments provide for there to be no

causes of action nor proceedings against the Crown, the Agency, the Service

Organization or specified related persons for certain acts.

The

Agency is given the power to issue directives to the Service Organization, and

the Service Organization must comply with the directives. The Agency may also

require the Service Organization to disclose certain information relating to

service contracts.

Health

service providers or Ontario Health Teams are authorized to disclose records of

personal health information to the Minister for the purpose of monitoring,

assessing and evaluating home and community care services. The amendment

authorizing this collection and disclosure is deemed to have come into force on

May 1, 2022.

New

regulation-making powers are provided to govern certain aspects of the Service

Organization and transitional matters related to the amalgamation. Related

amendments are made to several other Acts.

Bill 135 2023

An Act to amend the Connecting Care Act, 2019 with

respect to home and community care services and health governance and to make

related amendments to other Acts

His Majesty, by and with the advice and consent of the

Legislative Assembly of the Province of Ontario, enacts as follows:

(1) Subsection 1 (1) of the Connecting Care

Act, 2019 is amended by adding the following

definitions:

“client provider” means a health service

provider or an Ontario Health Team that is funded by the Agency under

section

21 to provide home and community care services to the provider’s or Team’s

patients and to which the Service Organization provides operational supports;

(“client-fournisseur”)

“Service

Organization” means the corporation continued under

section 27.2. (“Organisme

de services”)

(2) The

definition of “local health integration network” in subsection 1 (1) of the Act

is repealed.

(3) The

definition of “Minister” in subsection 1 (1) of the Act is repealed and the

following substituted:

“Minister”

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

whom the administration of this Act is assigned under the Executive

Council Act ; (“ministre”)

(4) The

definition of “health service provider” in subsection 1 (2) of the Act is

amended by adding the following paragraph:

0.1 The

Service Organization.

(5) Section

1 of the Act is amended by adding the following subsection:

Regulations

re: Service Organization being health service provider

(3) The

regulations may provide that the Service Organization is deemed not to be a

health service provider or to have been funded by the Agency under

section 21

for the purposes of any provision of this Act or its regulations or any other

Act or regulations.

Subsection 5 (1) of the Act is amended by adding “Subject to

section 14” at the

beginning.

Section 6 of the Act is amended by adding the following clause:

(b.0.1) to

provide oversight of the Service Organization in a manner consistent with the

health system strategies set by the Ministry;

(1) Paragraphs 6 and 7 of subsection 7 (3) of the Act are repealed

and the following substituted:

6. Generating

revenue or otherwise receiving money or assets from any person or entity except

the Crown in right of Ontario, with the exception of money or assets that are

received pursuant to a transfer order under this Act.

(2) Paragraph

3 of subsection 7 (4) of the Act is repealed and the following substituted:

3. Conducting

fundraising activities or acting in association with a person or entity that

conducts any fundraising activities or programs, directly or indirectly, for

the Agency or the Service Organization.

Section 8 of the Act is amended by adding the following subsection:

Eligibility

(1.1) A

director, officer or employee of the Service Organization is not eligible to be

appointed to, or to remain a member of, the Agency’s board of directors.

Subsection 10 (3) of the Act is repealed and the following substituted:

Restriction

(3) The

chief executive officer shall not be a member of the board of directors of the

Agency or the Service Organization and shall not be an officer of the Service

Organization.

Section 14 of the Act is repealed and the following substituted:

Duty

of care and indemnification

(1) Subject

to subsection (2), subsection 43 (1) and

section 46 of the Not-for-Profit Corporations Act, 2010 apply, with

necessary modifications, to the Agency, its board of directors and its

officers.

Approval

of indemnity

(2) The

Agency shall not give an indemnity under

section 46 of the Not-for-Profit Corporations Act, 2010 to any person

unless the indemnity has been approved in accordance with

section 28 of the Financial Administration Act .

Section 27 of the Act is amended by adding the following subsection:

Powers

re: Service Organization

(13.1) If

the Minister appoints a person as a supervisor of the Service Organization

under this section,

(

a) the

Agency’s power to require proposed by-laws to be submitted for approval does

not apply to any by-laws that are made by the supervisor; and

(

b) the

supervisor is not required to comply with any directive issued to the Service

Organization by the Agency.

The Act is amended by adding the following Part:

PART III.1

THE SERVICE ORGANIZATION

Definition

Definition

27.1 In this Part,

“predecessor

corporations” means the following corporations:

1. Central

East Local Health Integration Network.

2. Central

Local Health Integration Network.

3. Central

West Local Health Integration Network.

4. Champlain

Local Health Integration Network.

5. Erie

St. Clair Local Health Integration Network.

6. Hamilton

Niagara Haldimand Brant Local Health Integration Network.

7. Mississauga

Halton Local Health Integration Network.

8. North

East Local Health Integration Network.

9. North

Simcoe Muskoka Local Health Integration Network.

10. North

West Local Health Integration Network.

11. South

East Local Health Integration Network.

12. South

West Local Health Integration Network.

13. Toronto

Central Local Health Integration Network.

14. Waterloo

Wellington Local Health Integration Network.

Amalgamation and

Application

Amalgamation

27.2

(1) The

predecessor corporations are amalgamated and continued as a corporation without

domicile Ontario in French.

Rules

(2) The

following rules apply to the amalgamation:

1. All

rights, obligations, assets and liabilities of the predecessor corporations

that existed immediately before the amalgamation become the rights,

obligations, assets and liabilities of the Service Organization, and the

Service Organization shall stand in the place of the predecessor corporations

for all purposes.

2. The

predecessor corporations cease to exist upon being amalgamated into the Service

Organization.

3. A

conviction against, or ruling, order or judgment in favour of or against one of

the predecessor corporations may be enforced by or against the Service

Organization.

4. The

Service Organization shall be deemed to be the party plaintiff or the party

defendant, as the case may be, in any civil action commenced by or against one

of the predecessor corporations before the amalgamation.

5. Persons

who are employees of the predecessor corporations immediately before the

amalgamation become employees of the Service Organization as of the date of the

amalgamation and, for all purposes, the employment of the employees immediately

before and after the amalgamation is continuous.

6. For

all purposes, including the provisions of an employment contract, a collective

agreement and the Employment Standards Act, 2000 ,

the employment of the employees referred to in paragraph 5 is not terminated or

severed and those employees are not constructively dismissed because of the

amalgamation.

7. All

rights, duties and liabilities relating to all employees and former employees

of the predecessor corporations that are vested in or bind the predecessor

corporations immediately before amalgamation are vested in or bind the Service

Organization instead of the predecessor corporations immediately on and after

the amalgamation.

8. An

agreement to which one of the predecessor corporations was a party immediately

before the amalgamation has effect after the amalgamation as if,

i. the

Service Organization was substituted for the predecessor corporation as a party

to the agreement, and

ii. any

reference in the agreement to the predecessor corporation were a reference to

the Service Organization.

9. The

amalgamation shall not constitute a change of control of any of the predecessor

corporations in respect of any asset, liability, right or obligation of the

predecessor corporations.

10. Despite

any other Act that requires notice or registration in respect of the

amalgamation, the amalgamation is binding on the Service Organization and all

other persons.

11. The

amalgamation is deemed not to,

i. constitute

a breach, termination, repudiation or frustration of any agreement, including a

contract of employment or insurance or a collective agreement,

ii. create

any cause of action in favour of a party to an agreement with one of the

predecessor corporations that was entered into before the amalgamation,

iii. constitute

a breach of any Act, regulation or municipal by-law,

iv. constitute

an event of default or force majeure,

v. give

rise to a breach, termination, repudiation or frustration of any licence,

permit or other right,

vi. give

rise to any right to terminate or repudiate an agreement, licence, permit or

other right, or

vii. give

rise to any estoppel.

12. The

Land Transfer Tax Act and the Retail

Sales Tax Act do not apply to the amalgamation.

Regulations

(3) The

regulations may provide for any additional transitional provisions or rules

that apply to the amalgamation.

Subsidiary

of the Agency

27.3 The Service

Organization is a subsidiary of the Agency.

Crown

Agency

27.4 The Service

Organization is an agent of the Crown for all purposes unless the regulations

provide otherwise.

Application

of other Acts

Not-for-Profit

Corporations Act, 2010 and Corporations Information Act

27.5

(1) Subject

section 27.17, the Not-for-Profit Corporations Act,

2010 and the Corporations Information Act do

not apply to the Service Organization, except as prescribed.

Charities

Accounting Act

(2) The

Charities Accounting Act does not apply to the Service

Organization, the members of its board of directors or to its officers,

employees or agents.

charitable property

(3) The

property of the Service Organization is not charitable property.

Non-application

of single employer rule

(4) Subsection

1 (4) of the Labour Relations Act, 1995 does not

apply to the Service Organization.

Objects and General

Powers

Objects

27.6 The following are the

objects of the Service Organization:

1. Providing

home and community care services to patients of the Service Organization.

2. Providing

the following operational supports to client providers to enable them to

deliver home and community care services to their patients:

i. Care

co-ordination services.

ii. The

assignment of employees of the Service Organization to work under the direction

of a client provider to deliver care co-ordination services.

iii. Any

of the following shared services:

A. Administrative

or business support services that facilitate the management of service

contracts with providers of home and community care services.

B. Enablement

and support of patient care technology platforms.

C. Any

other shared services that may be prescribed.

iv. Any

other operational supports that may be prescribed.

3. Providing

information to the public about, and referrals to, health and social services.

4. Providing

placement management services to patients of the Service Organization or to

patients of other health service providers or Ontario Health Teams.

5. Any

other objects that may be prescribed.

Rules

re: assignment of employees to provide care co-ordination services

27.7 If the Service

Organization enters into a service contract with a client provider which

provides for the assignment of one or more Service Organization employees to

work under the direction of the client provider to deliver care co-ordination

services to the provider’s patients, the assigned employee remains an employee

of the Service Organization and there is no termination of employment or change

in the employment relationship between the employee and the Service

Organization.

General

powers

27.8

(1) Except

as limited by this Act, the Service Organization has the capacity, rights and

powers of a natural person for carrying out its objects.

Use

of revenue

(2) The

Service Organization shall carry out its operations without the purpose of gain

and shall not use its revenue, including all money or assets it receives by

grant, contribution or otherwise, for any purpose other than to further its

objects.

Cabinet

approval

(3) The

Service Organization shall not exercise the following powers without the

approval of the Lieutenant Governor in Council:

1. Acquiring,

disposing, leasing, mortgaging, charging, hypothecating or otherwise

transferring or encumbering any interest in real property, except for leasing

space that is reasonably necessary for the purposes of the Service

Organization.

2. Borrowing

or lending money.

3. Investing

its money.

4. Pledging,

charging or encumbering any of its personal property.

5. Creating

a subsidiary.

6. Doing

anything else that is prescribed as being a power that the Service Organization

may not exercise without such approval.

Approval

of Minister

(4) The

Service Organization shall not exercise the following powers without the

approval of the Minister:

1. Making

charitable donations.

2. Applying

for or obtaining registration as a registered charity under the Income Tax Act (Canada).

3. Conducting

fundraising activities or acting in association with a person or entity that

conducts any fundraising activities or programs, directly or indirectly, for

the Agency or the Service Organization.

4. Entering

into an agreement with any person, entity or government for the provision of

services outside Ontario.

5. Entering

into an agreement with any government or government agency outside Ontario,

of Canada.

6. Generating

revenue or otherwise receiving money or assets from any person or entity except

the Crown in right of Ontario or the Agency, with the exception of the

following:

i. Money

or assets that are received pursuant to a transfer order under this Act.

ii. Money

or assets paid to the Service Organization by a client provider in consideration

of operational supports that are provided by the Service Organization to that

client provider under a service contract.

political donations

(5) The

Service Organization shall not make any political donations.

Board of Directors,

Chief Executive Officer and Employees

Board

of directors

27.9

(1) The

Service Organization shall have a board of directors consisting of the members

appointed in accordance with this section.

Appointment

(2) The

board shall consist of,

(

a) no

more than six members appointed by the Minister; and

(

b) no

more than three members appointed by the Minister on the recommendation of the

Agency.

Eligibility

(3) A

director, officer or employee of the Agency is not eligible to be appointed to,

or to remain a member of, the Service Organization’s board of directors.

Term

(4) The

term of the members of the board of directors shall be provided for in the

regulations.

Expenses

(5) The

members of the board of directors shall receive the remuneration and

reimbursement for reasonable expenses that the Lieutenant Governor in Council

determines.

Chair

and vice-chairs

(6) Subject

to subsection (10), the Minister shall designate a chair and at least one vice-chair

from among the members of the board of directors.

Chair’s

role

(7) The

chair shall preside over the meetings of the board of directors.

Absence

of chair

(8) If

the chair is absent or otherwise unable to act or if the office is vacant, a vice-chair

has all the powers and shall perform the duties of the chair.

Absence

of chair and vice-chairs

(9) In

the absence of the chair and the vice-chairs, a director that the board of

directors designates shall act as the chair.

Where

no designation

(10) If

the Minister has not designated a chair or a vice-chair, the members of the

board of directors may select a chair or vice-chair from among their members to

hold office as provided for by by-law, until such time as the Minister makes a

designation.

Board

meetings

27.10

(1) The

board of directors of the Service Organization shall meet regularly throughout

the year and in any event shall hold at least four meetings in each calendar

year.

Quorum

(2) A

majority of the board of directors constitutes a quorum for the conduct of the

business of the board, but only if the number of members at the meeting who

were appointed by the Minister on the recommendation of the Agency is equal to

or less than the number of members at the meeting who were appointed by the

Minister without the Agency’s recommendation.

Chief

executive officer

27.11

(1) The

Service Organization shall appoint and employ a chief executive officer.

Role

(2) The

chief executive officer is responsible for the management and administration of

the affairs of the Service Organization, subject to the supervision and

direction of its board of directors.

Restriction

(3) The

chief executive officer shall not be a member of the board of directors of the

Agency or the Service Organization and shall not be an officer of the Agency.

Remuneration

(4) The

Minister may fix ranges for the salary or other remuneration and benefits of a

chief executive officer and the Service Organization shall provide a salary or

other remuneration and benefits to its chief executive officer within the

ranges, if any, that the Minister fixes.

Other

employees

27.12 The chief executive

officer may appoint such employees as are considered necessary for the proper

conduct of the affairs of the Service Organization.

Affairs of the Service

Organization

Affairs

of the Service Organization

27.13

(1) Subject

to this Act, the board of directors of the Service Organization shall manage or

supervise the management of the activities and affairs of the Service

Organization.

Delegation

(2) Subject

to subsection (3), the board of directors may delegate any of its powers or

duties under this Act or any other Act to such employees of the Service

Organization as the board considers appropriate and may impose conditions and

restrictions with respect to the delegation.

Restrictions

(3) The

board shall not delegate any power or duty that may be prescribed.

By-laws

and resolutions

27.14

(1) Subject

to subsections (4) and (5), the board of directors may make by-laws and pass

resolutions regulating its proceedings and generally for the conduct and

management of the affairs of the Service Organization, including establishing

committees.

Officers

(2) Without

limiting the generality of subsection (1), the board of directors may make

by-laws or pass resolutions to appoint officers and assign to them such powers

and duties as the board considers appropriate.

Committees

(3) The

board of directors of the Service Organization shall,

(

a) establish,

by by-law, the committees of the board that the Agency specifies;

(

b) appoint

as members of those committees the persons who meet the qualifications, if any,

that the Agency specifies; and

(

c) ensure

that those committees operate in accordance with the other requirements, if

any, that the Agency specifies.

Agency’s

approval

(4) The

Agency may require the board of directors of the Service Organization to submit

a proposed by-law to the Agency for approval before making the by-law concerned

and if so, the board shall not make the by-law concerned until the Agency

approves it.

Same,

after making

(5) The

Agency may require the board of directors of the Service Organization to submit

a by-law to the Agency for approval and if so,

(

a) the

by-law concerned ceases to be effective from the time that the Agency imposes the

requirement until the Agency approves the by-law;

(

b) anything

that the board has done in compliance with the by-law concerned before the

Agency imposes the requirement is valid; and

(

c) the

board may do anything that, before the Agency imposes the requirement, it has

agreed to do.

Directives

by Agency

27.15

(1) The

Agency may issue directives to the Service Organization.

Binding

(2) The

Service Organization shall comply with every directive issued by the Agency.

General

or particular

(3) A

directive of the Agency may be general or particular in its application.

Non-application

of Legislation Act, 2006

(4) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to directives issued under this section.

Public

availability

(5) The

Agency shall publish every directive under this

section on a website.

Law

prevails

(6) For

greater certainty, in the event of a conflict between a directive issued under

this

section and a provision of any applicable Act or rule of any applicable

law, the Act or rule prevails.

Minister’s

directives prevail

(7) In

the event of a conflict between a directive issued by the Agency under this

section and a directive issued by the Minister under

section 20, the directive

issued by the Minister prevails.

Service

contract information

27.16

(1) The

Agency may require the Service Organization to disclose to the Agency

information relating to service contracts between the Service Organization and

its providers of home and community care services, including confidential

pricing and volume information.

Restriction

(2) The

Agency shall not require the Service Organization to disclose information under

subsection (1) unless the Agency requires the information to carry out its

objects.

Compliance

(3) The

Service Organization shall comply with a requirement issued by the Agency under

subsection (1) within the time and in the form that the Agency specifies.

Minister’s

direction

(4) The

Minister may direct the Agency to disclose information that it collects under

this

section to the Minister if the Minister requires the information for the

purposes of exercising powers and duties under this Act, and the Agency shall

comply with such a direction.

Deemed

not to be a breach

(5) A

disclosure under this

section is deemed not to constitute a breach of any

service contract.

Minister’s

directives prevail

(6) In

the event of a conflict between a requirement issued by the Agency under

subsection (1) and a directive issued by the Minister under

section 20, the

directive issued by the Minister prevails.

Liability,

Indemnification and Judgments

Duty

of care and indemnification

27.17

(1) Subject

to subsection (2), subsection 43 (1) and

section 46 of the Not-for-Profit Corporations Act, 2010 apply, with

necessary modifications, to the Service Organization, its board of directors

and its officers.

Approval

of indemnity

(2) The

Service Organization shall not give an indemnity under

section 46 of the Not-for-Profit Corporations Act, 2010 to any person

unless the indemnity has been approved in accordance with

section 28 of the Financial Administration Act .

No personal liability

27.18

(1) No cause

of action arises against any current or former director, officer, employee,

volunteer or adviser of the Service Organization for any act done in good faith

in the exercise or performance, or intended exercise or performance, of the

person’s powers, duties or functions under this Act or for any alleged neglect,

default or other omission in the exercise or performance in good faith of those

powers, duties or functions.

Crown,

Agency liability for acts or omissions of Service Organization

(2) No

cause of action arises against any person referred to in subsection 46 (1),

including the Crown or the Agency, for

an act or omission of the Service

Organization or any current or former director, officer, employee, volunteer or

adviser of the Service Organization.

Employment,

etc. with Service Organization

(3) If

an individual referred to in subsection 46 (1) is employed in or assigned to or

otherwise performs duties directly for the Service Organization, the individual

is deemed to be an employee of the Service Organization in relation to the

individual’s acts or omissions arising from the employment, assignment or

performance for the purposes of this

section and

section 27.19 as well as any

claim for vicarious liability.

Service

Organization vicariously liable

(4) Subsections

(1) to (3) do not relieve the Service Organization of liability to which it

would otherwise be subject as a result of the acts or omissions of a person

referred to in subsection (1).

liability for amalgamation of predecessor corporations

(5) No

cause of action arises against the Service Organization, any person referred to

in subsection (1), or any person referred to in subsection 46 (1), including

the Crown or the Agency, as a direct or indirect result of the enactment,

amendment, repeal or application of any provision of

section 27.2, or the

making, amendment, revocation or application of any provision of a regulation

made under subsection 27.2 (3).

Proceedings

by Crown and Agency not prevented

(6) This

section does not apply with respect to proceedings brought by the Crown or the

Agency.

Proceedings

barred

27.19

(1) No

proceeding shall be commenced,

(

a) against

any person specified in subsection 27.18 (1) in respect of a matter referred to

in that subsection;

(

b) against

any person specified in subsection 27.18 (2) in respect of a matter referred to

in that subsection; or

(

c) against

any person specified in subsection 27.18 (5) in respect of a matter referred to

in that subsection.

Same

(2) Subsection

(1) does not apply with respect to an application for judicial review or any

proceeding that is specifically provided for under this Act, but does apply

with respect to any other court, administrative or arbitral proceeding claiming

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

declaratory relief, a remedy in contract, restitution, unjust enrichment or

tort, a remedy for breach of trust or fiduciary obligation or any equitable

remedy, enforcement of a judgment, order or award made outside Ontario or any

form of compensation or damages including loss of revenue or profit.

Proceedings

by Crown or Agency not prevented

(3) This

section does not apply with respect to proceedings brought by the Crown or the

Agency.

compensation

27.20 Except as may be

provided under this Act, no person is entitled to any compensation for any loss

or damages, including loss of revenues or loss of profit, arising from the

enactment, amendment, repeal or application of any provision of sections 27.2,

27.18 or 27.19 or the making, amendment, revocation or application any

provision of a regulation made under subsection 27.2 (3).

Unpaid

judgments against the Service Organization

27.21 The Minister of Finance

shall pay from the Consolidated Revenue Fund the amount of any judgment against

the Service Organization that remains unpaid after the Service Organization has

made all reasonable efforts, including liquidating its assets, to pay the

amount of the judgment.

Fiscal Year and Audits

Fiscal

year

27.22 The fiscal year of the Service

Organization commences on April 1 in each year and ends on March 31 of the

following year.

Audit

27.23

(1) The

accounts and financial transactions of the Service Organization shall be

audited annually by the Auditor General.

Other

audits

(2) In

addition to the requirement for an annual audit,

(

a) the Minister may, at any time, review or

audit any aspect of the operations of the Service Organization; and

(

b) the

Auditor General may, at any time, audit any aspect of the operations of the Service

Organization.

Subsections 29 (1) and (2) of the Act are repealed and the following

substituted:

Ontario

Health Team

(1) The

designate as an Ontario Health Team a person or entity, or a group of persons

or entities, that has the ability to deliver, in an integrated and co-ordinated

manner, at least three of the following types of services, or such higher

number of types of services as may be prescribed:

1. Hospital

services.

2. Primary

care services.

3. Mental

health or addictions services.

4. Home

and community care services.

5. Long-term

care home services.

6. Palliative

care services.

7. Any

other prescribed health care service or non-health service that supports the

provision of health care services.

Restriction

(2) The

Minister shall not make a designation under subsection (1) unless any additional

requirements that may be prescribed have been met.

Terms

or conditions

(2.1) An

Ontario Health Team shall comply with any terms or conditions that apply to its

designation.

Revocation

or amendment of designation

(2.2) The

Minister may revoke or amend a designation made under subsection (1) at any

time.

The definition of “transfer recipient” in

section 39 of the Act is amended by

striking out “the Agency, health service provider” and substituting “the

Agency, the Service Organization, health service provider”.

(1) Subsection 40 (1) of the Act is repealed and the following

substituted:

Transfer

order

(1) Despite

anything in any other Act, but subject to subsection (3), the processes and

requirements set out in this Part and any regulations made under this Part, the

Minister may make an order,

(

a) transferring

all or part of the assets, liabilities, rights and obligations, including, for

greater certainty, any rights or obligations under a funding agreement or

accountability agreement of an organization listed in subsection (2), to the

Agency, the Service Organization, a health service provider or an Ontario

Health Team; and

(

b) transferring

all or some of the employees of an organization listed in subsection (2) to the

Agency, the Service Organization, a health service provider or an Ontario

Health Team.

(2) Subsection

40 (2) of the Act is amended by adding the following paragraphs:

0.1 The

Agency.

0.2 The

Service Organization.

(3) Paragraph

7 of subsection 40 (2) of the Act is repealed.

(4) Section

40 of the Act is amended by adding the following subsection:

Regulations

may limit transfers

(3.1) The

regulations may prescribe a program or division within an organization

described in subsection (2), and in such a case a transfer order under

subsection (1) may only be made in respect of,

(

a) assets,

liabilities, rights or obligations that are associated with the program or

division; or

(

b) employees

that work within the program or division.

(1) Subsection 43 (5) of the Act is amended by striking out “Agency”

and substituting “transfer recipient”.

(2) Section

43 of the Act is amended by adding the following subsection:

application to Service Organization

(7) An

order may not be made under this

section to dissolve the Service Organization.

The Act is amended by adding the following section:

Permitted

disclosure and collection of personal health information

45.1

(1) A health

service provider or an Ontario Health Team that is funded under

section 21 to

provide home and community care services and their provider of home and

community care services may disclose a record of personal health information to

the Minister if the disclosure is for the purpose of enabling the Minister to

exercise a power under subsection (2).

Minister

(2) The

Minister may collect, directly or indirectly, personal information for the

following purposes:

1. Monitoring

and evaluating home and community care services provided by a health service

provider or an Ontario Health Team that is funded under

section 21 to provide

those services and their provider of home and community care services.

2. Monitoring

and assessing the health, safety and well-being of persons applying for or

receiving home and community care services.

Head

authorized to disclose

(3) For

the purpose of enabling the Minister to collect personal information under

subsection (1), a head under the Municipal Freedom of

Information and Protection of Privacy Act and a head under the Freedom of Information and Protection of Privacy Act are

authorized to disclose the information to the Minister.

Section 47 of the Act is repealed and the following substituted:

Agency

or Service Organization dissolution

If the

Minister considers it to be in the public interest to wind up the affairs of

the Agency or the Service Organization, the Minister may do all things

necessary to accomplish that, including dealing with the assets and liabilities

of the Agency or Service Organization by,

(

a) liquidating

or selling the assets and paying the proceeds into the Consolidated Revenue

Fund;

(

b) transferring

the assets and liabilities to the Crown, including another agency of the Crown;

(

c) transferring

the Agency’s or Service Organization’s employees to the Crown or to another

agency of the Crown.

(1) Clause 48 (1) (

b) of the Act is amended by striking out “the

Agency, a health service provider” and substituting “the Agency, the Service

Organization, a health service provider”.

(2) Clause

48 (1) (

c) of the Act is repealed and the following substituted:

(

c) prescribing

provisions of the Not-for-Profit Corporations Act, 2010

and the Corporations Information Act , or any

successor to those Acts, that apply to the Agency or the Service Organization

and the modifications with which those provisions are to so apply;

(3) Clause

48 (1) (

d) of the Act is amended by striking out “the Agency” at the end and

substituting “the Agency or the Service Organization”.

(4) Clause

48 (1) (e.1) of the Act is repealed and the following substituted:

(e.1) respecting

and governing the provision and funding of home and community care services for

the purposes of this Act, including governing standards and requirements with

respect to home and community care services and defining or clarifying the

meaning of “home and community care service”, “care co-ordination services” or

related expressions for the purposes of this Act or the regulations or any

provision of this Act or the regulations;

(e.2) governing

the board of directors of the Service Organization, including establishing

eligibility requirements, term limits and the filling of vacancies on the

board;

(e.3) governing

the provision of operational supports and placement management services by the

Service Organization, including,

(

i) governing

Organization and a client provider or another health service provider or an Ontario

Health Team, and

(ii) governing

the assignment of employees of the Service Organization to provide operational

supports or placement management services;

(5) Clause

48 (1) (

h) of the Act is amended by striking out “conditions and”.

(6) Clause

48 (1) (

n) of the Act is repealed and the following substituted:

(

n) governing

transitional or similar matters that may arise due to the enactment of this Act

or any amendments, repeals or revocations made by The

People’s Health Care Act, 2019 , the Connecting

People to Home and Community Care Act, 2020 or the Convenient

Care at Home Act, 2023 including, without in any way limiting the

generality of the foregoing,

(

i) clarifying

the application of any provisions and governing situations where a provision

has been repealed or revoked and a related provision has not, and

(ii) governing

any transitional or similar matters that may arise as a result of the creation

of the Service Organization, including governing the transition of the chief

executive officers and the members of the boards of directors from the

predecessor corporations;

AMENDMENTS TO OTHER

ACTS

Broader

Public Sector Accountability Act, 2010

(1) Subsection 1 (1) of the Broader Public

Sector Accountability Act, 2010 is amended by adding the following

definition:

“Service

Organization” has the same meaning as in the Connecting

Care Act, 2019 . (“Organisme de services”)

(2) Section

5 of the Act is repealed and the following substituted:

Reporting

by Ontario Health and Service Organization

(1) Ontario

Health and the Service Organization shall prepare reports approved by the board

of Ontario Health or the Service Organization, as the case may be, concerning

the use of consultants by Ontario Health or the Service Organization.

Directives

(2) The

Minister of Health may issue directives to Ontario Health and to the Service

Organization respecting the reports, including directives with respect to,

(

a) the

information that shall be included in reports made under subsection (1);

(

b) to

whom the reports shall be submitted; and

(

c) the

form, manner and timing of the reports.

Compliance

(3) Ontario

Health and the Service Organization shall comply with the directives.

(3) Subsection

6 (2) of the Act is amended by striking out “The Minister of Health and

Long-Term Care” at the beginning of the portion before clause (

a) and

substituting “The Minister of Health”.

(4) Subsections

8 (1) and (2) of the Act are repealed and the following substituted:

Public

posting of expenses

(1) Ontario

Health, the Service Organization and every hospital shall, in compliance with

directives made under subsection (2), post on its public website information

about expense claims that is required to be posted under the directives.

Directives

(2) The

Minister of Health may issue directives respecting the information about

expense claims that is to be posted on a public website for the purposes of subsection

(1).

(5) Section

14 of the Act is repealed and the following substituted:

Ontario

Health, Service Organization

(1) Ontario

Health and the Service Organization shall prepare attestations, made by its

chief executive officer and approved by its board, attesting to,

(

a) the

completion and accuracy of reports required on the use of consultants;

(

b) compliance

with the prohibition on engaging lobbyist services using public funds;

(

c) compliance

with the expense claim directives issued by the Management Board of Cabinet;

(

d) compliance

with the perquisites directives issued by the Management Board of Cabinet;

(

e) compliance

with procurement directives issued by the Management Board of Cabinet; and

(

f) compliance

with directives issued by the Management Board of Cabinet on the preparation

and publication of business plans and other business or financial documents.

Directives

(2) The

Minister of Health may issue directives respecting the attestations, including

directives with respect to,

(

a) the

information that shall be included in the attestations and any other

information in relation to the attestations;

(

b) to

whom the attestations shall be submitted; and

(

c) the

form, manner and timing of the attestations.

Compliance

(3) Ontario

Health and the Service Organization shall comply with the directives.

Posting

(4) Ontario

Health and the Service Organization shall publicly post the attestations on

their website.

(6) Subsection

15 (3) of the Act is amended by striking out “The Minister of Health and

Long-Term Care” at the beginning of the portion before clause (

a) and

substituting “The Minister of Health”.

(7) Section

17 of the Act is repealed and the following substituted:

Ontario

Health

(1) Every

obligation of Ontario Health under this Act is deemed to be an obligation they

are required to comply with under the terms of an accountability agreement

required under the Connecting Care Act, 2019 .

Service

Organization

(2) Every

obligation of the Service Organization under this Act is deemed to be an

obligation they are required to comply with under the terms of a service

accountability agreement required under the Connecting

Care Act, 2019 .

(8) Subsections

20 (1) and (2) of the Act are repealed and the following substituted:

Employment

agreements

(1) Every

employment or other agreement between Ontario Health, the Service Organization

or a hospital and a person employed by Ontario Health, the Service Organization

or the hospital in a senior management position is deemed to contain a term

providing that the obligations of Ontario Health, the Service Organization or

the hospital under this Act are also the obligations of the person employed by

Ontario Health, the Service Organization or the hospital.

Reduction

in compensation

(2) Despite

any employment or other agreement, the board of Ontario Health, the Service

Organization or a hospital may, in addition to any other remedy under the

agreement or at common law, reduce the compensation of a person employed in a

senior management position where the board determines that the person has

failed to meet a requirement under this Act.

Community

Safety and Policing Act, 2019

Subparagraph 1 i of subsection 250 (3) of the Community

Safety and Policing Act, 2019 is repealed and the following substituted:

i. Ontario

Health, or

Excellent

Care for All Act, 2010

(1) Clause (c.1) of the definition of “health sector organization”

section 1 of the Excellent Care for All Act, 2010

is amended by striking out the portion before subclause (

i) and substituting

the following:

(c.1) the

Service Organization, but only with respect to,

. . . .

(2) Sub-subclause

(c.1) (ii) (

D) of the definition of “health sector organization” in

section 1

of the Act is amended by striking out “a local health integration network” and

substituting “the Service Organization”.

(3) The

definition of “local health integration network” in

section 1 of the Act is

repealed.

(4) Section

1 of the Act is amended by adding the following definition:

“Service

Organization” has the same meaning as in the Connecting

Care Act, 2019 ; (“Organisme de services”)

(5) Clause

(c.1) of the definition of “patient or former patient” in subsection 13.1

(9) of the Act is repealed and the following substituted:

(c.1) a

person who receives or has received services from the Service Organization, but

only with respect to matters described in clause (c.1) of the definition of

“health sector organization” in

section 1,

(c.2) a

person who received services from a local health integration network before the

network was amalgamated into the Service Organization, but only with respect to

matters described in clause (c.1) of the definition of “health sector

organization” as it read at the time the services were provided,

(6) Subsection

13.2 (2) of the Act is amended by striking out the portion before clause (

a) and substituting the following:

Facilitated

resolution

(2) The

patient ombudsman shall work with the patient, former patient, caregiver or

other prescribed person and the health sector organization to attempt to

facilitate a resolution of a complaint made under subsection (1) unless, in the

opinion of the patient ombudsman,

. . . .

(7) Subsection

13.5 (2) of the Act is repealed.

Health

Protection and Promotion Act

The definition of “health care provider or health care entity” in subsection

77.7 (6) of the Health Protection and Promotion Act

is amended by adding the following paragraph:

10.1 The

Service Organization.

Ombudsman

Act

Subsection 13 (9) of the Ombudsman Act is repealed

and the following substituted:

Application

to Service Organization

(9) This

Act does not apply to the Service Organization, within the meaning of the Connecting Care Act, 2019 , with respect to matters described

in clause (c.1) of the definition of “health sector organization” in

section 1

of the Excellent Care for All Act, 2010 .

Pay

Equity Act

(1) Clause 1 (

d) of the

Schedule to the Pay

Equity Act is amended by striking out “Minister of Health and Long-Term

Care” and substituting “Minister of Health”.

(2) The

heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the Appendix to the

Schedule

to the Act is repealed and the following substituted:

MINISTRY OF HEALTH AND

MINISTRY OF LONG-TERM CARE

(3) Clause

1 (

b) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the Appendix

to the

Schedule to the Act is repealed and the following substituted:

(

b) a

long-term care home under the authority of a licence issued or replaced, or an

approval granted or continued, under the Fixing Long-Term

Care Act, 2021 but, for greater certainty, only in respect of its

long-term care home beds with respect to which funding is received from the

Province of Ontario or the corporation continued by

section 3 of the Connecting Care Act, 2019 ;

(4) Clause

1 (

d) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the Appendix

to the

Schedule to the Act is repealed and the following substituted:

(

d) a

psychiatric facility within the meaning of the Mental

Health Act , the operation of which is funded in whole or in part by the

Ministry of Health, the Ministry of Long-Term Care or the corporation continued

section 3 of the Connecting Care Act, 2019 ;

(5) Clause

1 (

h) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the Appendix

to the

Schedule to the Act is repealed and the following substituted:

(

h) a

detoxification centre that receives funding from the Ministry of Health, the

Ministry of Long-Term Care or the corporation continued by

section 3 of the Connecting Care Act, 2019 ;

(6) Clause

1 (h.1) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the

Appendix to the

Schedule to the Act is repealed and the following substituted:

(h.1) services

relating to addiction if the provider of the services receives funding from the

Ministry of Health, the Ministry of Long-Term Care or the corporation continued

section 3 of the Connecting Care Act, 2019 ;

(7) Clause

1 (

i) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the Appendix

to the

Schedule to the Act is repealed and the following substituted:

(

i) an

adult community mental health service the operation of which is, pursuant to an

agreement in writing, funded in whole or in part by the Ministry of Health, the

Ministry of Long-Term Care or the corporation continued by

section 3 of the Connecting Care Act, 2019 ;

(8) Clause

1 (

j) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the Appendix

to the

Schedule to the Act is repealed and the following substituted:

(

j) a

placement service the operation of which is, pursuant to a “Placement

Co-ordination Service Agreement” or other agreement in writing, funded in whole

or in part by the Ministry of Health, the Ministry of Long-Term Care or the

corporation continued by

section 3 of the Connecting Care

Act, 2019 .

(9) Clause

14 (

b) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the

Appendix to the

Schedule to the Act is repealed and the following substituted:

(

b) who

receives funding from the Ministry of Health, the Ministry of Long-Term Care or

the corporation continued by

section 3 of the Connecting

Care Act, 2019 in accordance with the number or type of services

provided.

(10) Clause

15 (

b) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the

Appendix to the

Schedule to the Act is repealed and the following substituted:

(

b) receives

funding from the Ministry of Health, the Ministry of Long-Term Care or the

corporation continued by

section 3 of the Connecting Care

Act, 2019 in accordance with the number of individuals on the roster.

Police

Services Act

Subparagraph 1 i of subsection 145 (3) of the Police

Services Act is repealed and the following substituted:

i. Ontario

Health, or

Public

Hospitals Act

(1) Section 6 of the Public Hospitals Act

is repealed.

(2) Subsection

9.1 (2) of the Act is amended by striking out “5, 6 or 9” and substituting “5

or 9”.

Public

Sector Labour Relations Transition Act, 1997

(1) The Public Sector Labour Relations

Transition Act, 1997 is amended by adding the following section:

Amalgamation

into Service Organization

8.0.1

(1) In this

section,

“predecessor corporations” has the same meaning

as in

Part III.1 of the Connecting Care Act, 2019 ;

(“personnes morales remplacées”)

“Service

Organization” has the same meaning as in the Connecting

Care Act, 2019 . (“Organisme de services”)

Application

(2) This

Act applies upon the amalgamation of the predecessor corporations into the

Service Organization under

Part III.1 of the Connecting

Care Act, 2019 .

Predecessor

and successor employers

(3) For

the purposes of this Act, the predecessor corporations are the predecessor

employers and the Service Organization is the successor employer.

Changeover date

(4) For

the purposes of this Act, the changeover date is the day that

section 9 of the Convenient Care at Home Act, 2023 comes into force.

(2) Subsection

11 (2) of the Act is repealed and the following substituted:

Crown

not successor employer

(2) Subject

to subsection (3) and despite anything else in this Act, the Crown shall not be

considered a successor employer.

Exception

(3) Subsection

(2) does not apply to the amalgamation described in

section 8.0.1.

Simpler,

Faster, Better Services Act, 2019

Item 6 of the

Schedule to the Simpler, Faster, Better

Services Act, 2019 is repealed.

Smoke-Free

Ontario Act, 2017

Clause (

b) of the definition of “home health-care worker” in subsection 16

(4) of the Smoke-Free Ontario Act, 2017 is repealed and

the following substituted:

(

b) an

entity that receives funding from the Ministry of Health, the Ministry of

Long-Term Care or the Agency within the meaning of the Connecting

Care Act, 2019 , or

Connecting

People to Home and Community Care Act, 2020

Subsection 2 (9) of

Schedule 3 to the Connecting People to

Home and Community Care Act, 2020 is repealed.

The

People’s Health Care Act, 2019

Subsections 2 (4), (6), (8), (11), (13), (15), (17), (21) and (23) and 7 (3) of

Schedule 3 to The People’s Health Care Act, 2019

are repealed.

COMMENCEMENT AND SHORT

TITLE

Commencement

(1) Except as otherwise provided in this

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

(2) Section

14 is deemed to have come into force on May 1, 2022.

(3) Sections

1 to 9 and 11, subsections 12 (1) to (3) and 13 (2),

section 15, subsections 16

(1) to (4) and (6) and sections 17 to 27 come into force on a day to be named

by proclamation of the Lieutenant Governor.

Short

title

The

short title of this Act is the Convenient Care at Home Act, 2023 .

Bill 135 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Connecting Care Act, 2019 to

establish the Service Organization. The Service Organization is a corporation

à domicile Ontario in French.

The

existing local health integration networks are amalgamated to become the

Service Organization. The rules for this amalgamation are set out.

The

Service Organization is a subsidiary of the Agency, a Crown agent and a health

service provider. It may be subject to a transfer order under the Act and may

also be a recipient of such an order.

The

objects and corporate governance of the Service Organization are provided for.

Its objects include the provision of home and community care services to

patients, the provision of placement management services and the provision of

operational supports, including care co-ordination services, to health service

providers and Ontario Health Teams. The amendments provide for there to be no

causes of action nor proceedings against the Crown, the Agency, the Service

Organization or specified related persons for certain acts.

The

Agency is given the power to issue directives to the Service Organization, and

the Service Organization must comply with the directives. The Agency may also

require the Service Organization to disclose certain information relating to

service contracts.

Health

service providers or Ontario Health Teams are authorized to disclose records of

personal health information to the Minister for the purpose of monitoring,

assessing and evaluating home and community care services. The amendment

authorizing this collection and disclosure is deemed to have come into force on

May 1, 2022.

New

regulation-making powers are provided to govern certain aspects of the Service

Organization and transitional matters related to the amalgamation. Related

amendments are made to several other Acts.

Bill 135 2023

An Act to amend the Connecting Care Act, 2019 with

respect to home and community care services and health governance and to make

related amendments to other Acts

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

Assembly of the Province of Ontario, enacts as follows:

(1) Subsection 1 (1) of the Connecting Care

Act, 2019 is amended by adding the following

definitions:

“client provider” means a health service

provider or an Ontario Health Team that is funded by the Agency under

section

21 to provide home and community care services to the provider’s or Team’s

patients and to which the Service Organization provides operational supports;

(“client-fournisseur”)

“Service

Organization” means the corporation continued under

section 27.2. (“Organisme

de services”)

(2) The

definition of “local health integration network” in subsection 1 (1) of the Act

is repealed.

(3) The

definition of “Minister” in subsection 1 (1) of the Act is repealed and the

following substituted:

“Minister”

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

whom the administration of this Act is assigned under the Executive

Council Act ; (“ministre”)

(4) The

definition of “health service provider” in subsection 1 (2) of the Act is

amended by adding the following paragraph:

0.1 The

Service Organization.

(5) Section

1 of the Act is amended by adding the following subsection:

Regulations

re: Service Organization being health service provider

(3) The

regulations may provide that the Service Organization is deemed not to be a

health service provider or to have been funded by the Agency under

section 21

for the purposes of any provision of this Act or its regulations or any other

Act or regulations.

Subsection 5 (1) of the Act is amended by adding “Subject to

section 14” at the

beginning.

Section 6 of the Act is amended by adding the following clause:

(b.0.1) to

provide oversight of the Service Organization in a manner consistent with the

health system strategies set by the Ministry;

(1) Paragraphs 6 and 7 of subsection 7 (3) of the Act are repealed

and the following substituted:

6. Generating

revenue or otherwise receiving money or assets from any person or entity except

the Crown in right of Ontario, with the exception of money or assets that are

received pursuant to a transfer order under this Act.

(2) Paragraph

3 of subsection 7 (4) of the Act is repealed and the following substituted:

3. Conducting

fundraising activities or acting in association with a person or entity that

conducts any fundraising activities or programs, directly or indirectly, for

the Agency or the Service Organization.

Section 8 of the Act is amended by adding the following subsection:

Eligibility

(1.1) A

director, officer or employee of the Service Organization is not eligible to be

appointed to, or to remain a member of, the Agency’s board of directors.

Subsection 10 (3) of the Act is repealed and the following substituted:

Restriction

(3) The

chief executive officer shall not be a member of the board of directors of the

Agency or the Service Organization and shall not be an officer of the Service

Organization.

Section 14 of the Act is repealed and the following substituted:

Duty

of care and indemnification

(1) Subject

to subsection (2), subsection 43 (1) and

section 46 of the Not-for-Profit Corporations Act, 2010 apply, with

necessary modifications, to the Agency, its board of directors and its officers.

Approval

of indemnity

(2) The

Agency shall not give an indemnity under

section 46 of the Not-for-Profit Corporations Act, 2010 to any person

unless the indemnity has been approved in accordance with

section 28 of the Financial Administration Act .

Section 27 of the Act is amended by adding the following subsection:

Powers

re: Service Organization

(13.1) If

the Minister appoints a person as a supervisor of the Service Organization

under this section,

(

a) the

Agency’s power to require proposed by-laws to be submitted for approval does

not apply to any by-laws that are made by the supervisor; and

(

b) the

supervisor is not required to comply with any directive issued to the Service

Organization by the Agency.

The Act is amended by adding the following Part:

Part

III.1

The Service Organization

Definition

Definition

27.1 In this Part,

“predecessor

corporations” means the following corporations:

1. Central

East Local Health Integration Network.

2. Central

Local Health Integration Network.

3. Central

West Local Health Integration Network.

4. Champlain

Local Health Integration Network.

5. Erie

St. Clair Local Health Integration Network.

6. Hamilton

Niagara Haldimand Brant Local Health Integration Network.

7. Mississauga

Halton Local Health Integration Network.

8. North

East Local Health Integration Network.

9. North

Simcoe Muskoka Local Health Integration Network.

10. North

West Local Health Integration Network.

11. South

East Local Health Integration Network.

12. South

West Local Health Integration Network.

13. Toronto

Central Local Health Integration Network.

14. Waterloo

Wellington Local Health Integration Network.

Amalgamation

and Application

Amalgamation

27.2

(1) The

predecessor corporations are amalgamated and continued as a corporation without

domicile Ontario in French.

Rules

(2) The

following rules apply to the amalgamation:

1. All

rights, obligations, assets and liabilities of the predecessor corporations

that existed immediately before the amalgamation become the rights,

obligations, assets and liabilities of the Service Organization, and the

Service Organization shall stand in the place of the predecessor corporations

for all purposes.

2. The

predecessor corporations cease to exist upon being amalgamated into the Service

Organization.

3. A

conviction against, or ruling, order or judgment in favour of or against one of

the predecessor corporations may be enforced by or against the Service

Organization.

4. The

Service Organization shall be deemed to be the party plaintiff or the party

defendant, as the case may be, in any civil action commenced by or against one

of the predecessor corporations before the amalgamation.

5. Persons

who are employees of the predecessor corporations immediately before the

amalgamation become employees of the Service Organization as of the date of the

amalgamation and, for all purposes, the employment of the employees immediately

before and after the amalgamation is continuous.

6. For

all purposes, including the provisions of an employment contract, a collective

agreement and the Employment Standards Act, 2000 ,

the employment of the employees referred to in paragraph 5 is not terminated or

severed and those employees are not constructively dismissed because of the

amalgamation.

7. All

rights, duties and liabilities relating to all employees and former employees

of the predecessor corporations that are vested in or bind the predecessor

corporations immediately before amalgamation are vested in or bind the Service

Organization instead of the predecessor corporations immediately on and after

the amalgamation.

8. An

agreement to which one of the predecessor corporations was a party immediately

before the amalgamation has effect after the amalgamation as if,

i. the

Service Organization was substituted for the predecessor corporation as a party

to the agreement, and

ii. any

reference in the agreement to the predecessor corporation were a reference to

the Service Organization.

9. The

amalgamation shall not constitute a change of control of any of the predecessor

corporations in respect of any asset, liability, right or obligation of the

predecessor corporations.

10. Despite

any other Act that requires notice or registration in respect of the

amalgamation, the amalgamation is binding on the Service Organization and all

other persons.

11. The

amalgamation is deemed not to,

i. constitute

a breach, termination, repudiation or frustration of any agreement, including a

contract of employment or insurance or a collective agreement,

ii. create

any cause of action in favour of a party to an agreement with one of the

predecessor corporations that was entered into before the amalgamation,

iii. constitute

a breach of any Act, regulation or municipal by-law,

iv. constitute

an event of default or force majeure,

v. give

rise to a breach, termination, repudiation or frustration of any licence,

permit or other right,

vi. give

rise to any right to terminate or repudiate an agreement, licence, permit or

other right, or

vii. give

rise to any estoppel.

12. The

Land Transfer Tax Act and the Retail

Sales Tax Act do not apply to the amalgamation.

Regulations

(3) The

regulations may provide for any additional transitional provisions or rules

that apply to the amalgamation.

Subsidiary

of the Agency

27.3 The Service

Organization is a subsidiary of the Agency.

Crown

Agency

27.4 The Service

Organization is an agent of the Crown for all purposes unless the regulations

provide otherwise.

Application

of other Acts

Not-for-Profit

Corporations Act, 2010 and Corporations Information Act

27.5

(1) Subject

section 27.17, the Not-for-Profit Corporations Act,

2010 and the Corporations Information Act do

not apply to the Service Organization, except as prescribed.

Charities

Accounting Act

(2) The

Charities Accounting Act does not apply to the Service

Organization, the members of its board of directors or to its officers,

employees or agents.

charitable property

(3) The

property of the Service Organization is not charitable property.

Non-application

of single employer rule

(4) Subsection

1 (4) of the Labour Relations Act, 1995 does not

apply to the Service Organization.

Objects

and General Powers

Objects

27.6 The following are the

objects of the Service Organization:

1. Providing

home and community care services to patients of the Service Organization.

2. Providing

the following operational supports to client providers to enable them to

deliver home and community care services to their patients:

i. Care

co-ordination services.

ii. The

assignment of employees of the Service Organization to work under the direction

of a client provider to deliver care co-ordination services.

iii. Any

of the following shared services:

A. Administrative

or business support services that facilitate the management of service

contracts with providers of home and community care services.

B. Enablement

and support of patient care technology platforms.

C. Any

other shared services that may be prescribed.

iv. Any

other operational supports that may be prescribed.

3. Providing

information to the public about, and referrals to, health and social services.

4. Providing

placement management services to patients of the Service Organization or to

patients of other health service providers or Ontario Health Teams.

5. Any

other objects that may be prescribed.

Rules

re: assignment of employees to provide care co-ordination services

27.7 If the Service

Organization enters into a service contract with a client provider which

provides for the assignment of one or more Service Organization employees to

work under the direction of the client provider to deliver care co-ordination

services to the provider’s patients, the assigned employee remains an employee

of the Service Organization and there is no termination of employment or change

in the employment relationship between the employee and the Service

Organization.

General

powers

27.8

(1) Except

as limited by this Act, the Service Organization has the capacity, rights and

powers of a natural person for carrying out its objects.

Use

of revenue

(2) The

Service Organization shall carry out its operations without the purpose of gain

and shall not use its revenue, including all money or assets it receives by

grant, contribution or otherwise, for any purpose other than to further its

objects.

Cabinet

approval

(3) The

Service Organization shall not exercise the following powers without the

approval of the Lieutenant Governor in Council:

1. Acquiring,

disposing, leasing, mortgaging, charging, hypothecating or otherwise

transferring or encumbering any interest in real property, except for leasing

space that is reasonably necessary for the purposes of the Service

Organization.

2. Borrowing

or lending money.

3. Investing

its money.

4. Pledging,

charging or encumbering any of its personal property.

5. Creating

a subsidiary.

6. Doing

anything else that is prescribed as being a power that the Service Organization

may not exercise without such approval.

Approval

of Minister

(4) The

Service Organization shall not exercise the following powers without the

approval of the Minister:

1. Making

charitable donations.

2. Applying

for or obtaining registration as a registered charity under the Income Tax Act (Canada).

3. Conducting

fundraising activities or acting in association with a person or entity that

conducts any fundraising activities or programs, directly or indirectly, for

the Agency or the Service Organization.

4. Entering

into an agreement with any person, entity or government for the provision of

services outside Ontario.

5. Entering

into an agreement with any government or government agency outside Ontario, including

Canada.

6. Generating

revenue or otherwise receiving money or assets from any person or entity except

the Crown in right of Ontario or the Agency, with the exception of the

following:

i. Money

or assets that are received pursuant to a transfer order under this Act.

ii. Money

or assets paid to the Service Organization by a client provider in consideration

of operational supports that are provided by the Service Organization to that

client provider under a service contract.

political donations

(5) The

Service Organization shall not make any political donations.

Board

of Directors, Chief Executive Officer and Employees

Board

of directors

27.9

(1) The

Service Organization shall have a board of directors consisting of the members

appointed in accordance with this section.

Appointment

(2) The

board shall consist of,

(

a) no

more than six members appointed by the Minister; and

(

b) no

more than three members appointed by the Minister on the recommendation of the

Agency.

Eligibility

(3) A

director, officer or employee of the Agency is not eligible to be appointed to,

or to remain a member of, the Service Organization’s board of directors.

Term

(4) The

term of the members of the board of directors shall be provided for in the

regulations.

Expenses

(5) The

members of the board of directors shall receive the remuneration and

reimbursement for reasonable expenses that the Lieutenant Governor in Council

determines.

Chair

and vice-chairs

(6) Subject

to subsection (10), the Minister shall designate a chair and at least one

vice-chair from among the members of the board of directors.

Chair’s

role

(7) The

chair shall preside over the meetings of the board of directors.

Absence

of chair

(8) If

the chair is absent or otherwise unable to act or if the office is vacant, a

vice-chair has all the powers and shall perform the duties of the chair.

Absence

of chair and vice-chairs

(9) In

the absence of the chair and the vice-chairs, a director that the board of

directors designates shall act as the chair.

Where

no designation

(10) If

the Minister has not designated a chair or a vice-chair, the members of the

board of directors may select a chair or vice-chair from among their members to

hold office as provided for by by-law, until such time as the Minister makes a

designation.

Board

meetings

27.10

(1) The

board of directors of the Service Organization shall meet regularly throughout

the year and in any event shall hold at least four meetings in each calendar

year.

Quorum

(2) A

majority of the board of directors constitutes a quorum for the conduct of the

business of the board, but only if the number of members at the meeting who

were appointed by the Minister on the recommendation of the Agency is equal to

or less than the number of members at the meeting who were appointed by the

Minister without the Agency’s recommendation.

Chief

executive officer

27.11

(1) The

Service Organization shall appoint and employ a chief executive officer.

Role

(2) The

chief executive officer is responsible for the management and administration of

the affairs of the Service Organization, subject to the supervision and

direction of its board of directors.

Restriction

(3) The

chief executive officer shall not be a member of the board of directors of the

Agency or the Service Organization and shall not be an officer of the Agency.

Remuneration

(4) The

Minister may fix ranges for the salary or other remuneration and benefits of a

chief executive officer and the Service Organization shall provide a salary or

other remuneration and benefits to its chief executive officer within the

ranges, if any, that the Minister fixes.

Other

employees

27.12 The chief executive

officer may appoint such employees as are considered necessary for the proper

conduct of the affairs of the Service Organization.

Affairs

of the Service Organization

Affairs

of the Service Organization

27.13

(1) Subject

to this Act, the board of directors of the Service Organization shall manage or

supervise the management of the activities and affairs of the Service

Organization.

Delegation

(2) Subject

to subsection (3), the board of directors may delegate any of its powers or

duties under this Act or any other Act to such employees of the Service

Organization as the board considers appropriate and may impose conditions and

restrictions with respect to the delegation.

Restrictions

(3) The

board shall not delegate any power or duty that may be prescribed.

By-laws

and resolutions

27.14

(1) Subject

to subsections (4) and (5), the board of directors may make by-laws and pass

resolutions regulating its proceedings and generally for the conduct and

management of the affairs of the Service Organization, including establishing

committees.

Officers

(2) Without

limiting the generality of subsection (1), the board of directors may make

by-laws or pass resolutions to appoint officers and assign to them such powers

and duties as the board considers appropriate.

Committees

(3) The

board of directors of the Service Organization shall,

(

a) establish,

by by-law, the committees of the board that the Agency specifies;

(

b) appoint

as members of those committees the persons who meet the qualifications, if any,

that the Agency specifies; and

(

c) ensure

that those committees operate in accordance with the other requirements, if

any, that the Agency specifies.

Agency’s

approval

(4) The

Agency may require the board of directors of the Service Organization to submit

a proposed by-law to the Agency for approval before making the by-law concerned

and if so, the board shall not make the by-law concerned until the Agency

approves it.

Same,

after making

(5) The

Agency may require the board of directors of the Service Organization to submit

a by-law to the Agency for approval and if so,

(

a) the

by-law concerned ceases to be effective from the time that the Agency imposes the

requirement until the Agency approves the by-law;

(

b) anything

that the board has done in compliance with the by-law concerned before the

Agency imposes the requirement is valid; and

(

c) the

board may do anything that, before the Agency imposes the requirement, it has agreed

to do.

Directives

by Agency

27.15

(1) The

Agency may issue directives to the Service Organization.

Binding

(2) The

Service Organization shall comply with every directive issued by the Agency.

General

or particular

(3) A

directive of the Agency may be general or particular in its application.

Non-application

of Legislation Act, 2006

(4) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to directives issued under this section.

Public

availability

(5) The

Agency shall publish every directive under this

section on a website.

Law

prevails

(6) For

greater certainty, in the event of a conflict between a directive issued under

this

section and a provision of any applicable Act or rule of any applicable

law, the Act or rule prevails.

Minister’s

directives prevail

(7) In

the event of a conflict between a directive issued by the Agency under this

section and a directive issued by the Minister under

section 20, the directive

issued by the Minister prevails.

Service

contract information

27.16

(1) The

Agency may require the Service Organization to disclose to the Agency

information relating to service contracts between the Service Organization and

its providers of home and community care services, including confidential

pricing and volume information.

Restriction

(2) The

Agency shall not require the Service Organization to disclose information under

subsection (1) unless the Agency requires the information to carry out its

objects.

Compliance

(3) The

Service Organization shall comply with a requirement issued by the Agency under

subsection (1) within the time and in the form that the Agency specifies.

Minister’s

direction

(4) The

Minister may direct the Agency to disclose information that it collects under this

section to the Minister if the Minister requires the information for the

purposes of exercising powers and duties under this Act, and the Agency shall

comply with such a direction.

Deemed

not to be a breach

(5) A

disclosure under this

section is deemed not to constitute a breach of any

service contract.

Minister’s

directives prevail

(6) In

the event of a conflict between a requirement issued by the Agency under

subsection (1) and a directive issued by the Minister under

section 20, the

directive issued by the Minister prevails.

Liability,

Indemnification and Judgments

Duty

of care and indemnification

27.17

(1) Subject

to subsection (2), subsection 43 (1) and

section 46 of the Not-for-Profit Corporations Act, 2010 apply, with

necessary modifications, to the Service Organization, its board of directors

and its officers.

Approval

of indemnity

(2) The

Service Organization shall not give an indemnity under

section 46 of the Not-for-Profit Corporations Act, 2010 to any person

unless the indemnity has been approved in accordance with

section 28 of the Financial Administration Act .

No personal liability

27.18

(1) No cause

of action arises against any current or former director, officer, employee,

volunteer or adviser of the Service Organization for any act done in good faith

in the exercise or performance, or intended exercise or performance, of the

person’s powers, duties or functions under this Act or for any alleged neglect,

default or other omission in the exercise or performance in good faith of those

powers, duties or functions.

Crown,

Agency liability for acts or omissions of Service Organization

(2) No

cause of action arises against any person referred to in subsection 46 (1),

including the Crown or the Agency, for

an act or omission of the Service

Organization or any current or former director, officer, employee, volunteer or

adviser of the Service Organization.

Employment,

etc. with Service Organization

(3) If

an individual referred to in subsection 46 (1) is employed in or assigned to or

otherwise performs duties directly for the Service Organization, the individual

is deemed to be an employee of the Service Organization in relation to the

individual’s acts or omissions arising from the employment, assignment or

performance for the purposes of this

section and

section 27.19 as well as any

claim for vicarious liability.

Service

Organization vicariously liable

(4) Subsections

(1) to (3) do not relieve the Service Organization of liability to which it

would otherwise be subject as a result of the acts or omissions of a person

referred to in subsection (1).

liability for amalgamation of predecessor corporations

(5) No

cause of action arises against the Service Organization, any person referred to

in subsection (1), or any person referred to in subsection 46 (1), including

the Crown or the Agency, as a direct or indirect result of the enactment,

amendment, repeal or application of any provision of

section 27.2, or the

making, amendment, revocation or application of any provision of a regulation

made under subsection 27.2 (3).

Proceedings

by Crown and Agency not prevented

(6) This

section does not apply with respect to proceedings brought by the Crown or the

Agency.

Proceedings

barred

27.19

(1) No

proceeding shall be commenced,

(

a) against

any person specified in subsection 27.18 (1) in respect of a matter referred to

in that subsection;

(

b) against

any person specified in subsection 27.18 (2) in respect of a matter referred to

in that subsection; or

(

c) against

any person specified in subsection 27.18 (5) in respect of a matter referred to

in that subsection.

Same

(2) Subsection

(1) does not apply with respect to an application for judicial review or any

proceeding that is specifically provided for under this Act, but does apply

with respect to any other court, administrative or arbitral proceeding claiming

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

declaratory relief, a remedy in contract, restitution, unjust enrichment or

tort, a remedy for breach of trust or fiduciary obligation or any equitable

remedy, enforcement of a judgment, order or award made outside Ontario or any

form of compensation or damages including loss of revenue or profit.

Proceedings

by Crown or Agency not prevented

(3) This

section does not apply with respect to proceedings brought by the Crown or the

Agency.

compensation

27.20 Except as may be

provided under this Act, no person is entitled to any compensation for any loss

or damages, including loss of revenues or loss of profit, arising from the

enactment, amendment, repeal or application of any provision of sections 27.2,

27.18 or 27.19 or the making, amendment, revocation or application any

provision of a regulation made under subsection 27.2 (3).

Unpaid

judgments against the Service Organization

27.21 The Minister of Finance

shall pay from the Consolidated Revenue Fund the amount of any judgment against

the Service Organization that remains unpaid after the Service Organization has

made all reasonable efforts, including liquidating its assets, to pay the

amount of the judgment.

Fiscal

Year and Audits

Fiscal

year

27.22 The fiscal year of the Service

Organization commences on April 1 in each year and ends on March 31 of the

following year.

Audit

27.23

(1) The

accounts and financial transactions of the Service Organization shall be

audited annually by the Auditor General.

Other

audits

(2) In

addition to the requirement for an annual audit,

(

a) the Minister may, at any time, review or

audit any aspect of the operations of the Service Organization; and

(

b) the

Auditor General may, at any time, audit any aspect of the operations of the Service

Organization.

Subsections 29 (1) and (2) of the Act are repealed and the following

substituted:

Ontario

Health Team

(1) The

designate as an Ontario Health Team a person or entity, or a group of persons

or entities, that has the ability to deliver, in an integrated and co-ordinated

manner, at least three of the following types of services, or such higher

number of types of services as may be prescribed:

1. Hospital

services.

2. Primary

care services.

3. Mental

health or addictions services.

4. Home

and community care services.

5. Long-term

care home services.

6. Palliative

care services.

7. Any

other prescribed health care service or non-health service that supports the

provision of health care services.

Restriction

(2) The

Minister shall not make a designation under subsection (1) unless any additional

requirements that may be prescribed have been met.

Terms

or conditions

(2.1) An

Ontario Health Team shall comply with any terms or conditions that apply to its

designation.

Revocation

or amendment of designation

(2.2) The

Minister may revoke or amend a designation made under subsection (1) at any

time.

The definition of “transfer recipient” in

section 39 of the Act is amended by

striking out “the Agency, health service provider” and substituting “the

Agency, the Service Organization, health service provider”.

(1) Subsection 40 (1) of the Act is repealed and the following

substituted:

Transfer

order

(1) Despite

anything in any other Act, but subject to subsection (3), the processes and

requirements set out in this Part and any regulations made under this Part, the

Minister may make an order,

(

a) transferring

all or part of the assets, liabilities, rights and obligations, including, for

greater certainty, any rights or obligations under a funding agreement or

accountability agreement of an organization listed in subsection (2), to the

Agency, the Service Organization, a health service provider or an Ontario

Health Team; and

(

b) transferring

all or some of the employees of an organization listed in subsection (2) to the

Agency, the Service Organization, a health service provider or an Ontario

Health Team.

(2) Subsection

40 (2) of the Act is amended by adding the following paragraphs:

0.1 The

Agency.

0.2 The

Service Organization.

(3) Paragraph

7 of subsection 40 (2) of the Act is repealed.

(4) Section

40 of the Act is amended by adding the following subsection:

Regulations

may limit transfers

(3.1) The

regulations may prescribe a program or division within an organization

described in subsection (2), and in such a case a transfer order under

subsection (1) may only be made in respect of,

(

a) assets,

liabilities, rights or obligations that are associated with the program or

division; or

(

b) employees

that work within the program or division.

(1) Subsection 43 (5) of the Act is amended by striking out “Agency”

and substituting “transfer recipient”.

(2) Section

43 of the Act is amended by adding the following subsection:

application to Service Organization

(7) An

order may not be made under this

section to dissolve the Service Organization.

The Act is amended by adding the following section:

Permitted

disclosure and collection of personal health information

45.1

(1) A health

service provider or an Ontario Health Team that is funded under

section 21 to

provide home and community care services and their provider of home and

community care services may disclose a record of personal health information to

the Minister if the disclosure is for the purpose of enabling the Minister to

exercise a power under subsection (2).

Minister

(2) The

Minister may collect, directly or indirectly, personal information for the

following purposes:

1. Monitoring

and evaluating home and community care services provided by a health service

provider or an Ontario Health Team that is funded under

section 21 to provide

those services and their provider of home and community care services.

2. Monitoring

and assessing the health, safety and well-being of persons applying for or

receiving home and community care services.

Head

authorized to disclose

(3) For

the purpose of enabling the Minister to collect personal information under

subsection (1), a head under the Municipal Freedom of

Information and Protection of Privacy Act and a head under the Freedom of Information and Protection of Privacy Act are

authorized to disclose the information to the Minister.

Section 47 of the Act is repealed and the following substituted:

Agency

or Service Organization dissolution

If the

Minister considers it to be in the public interest to wind up the affairs of

the Agency or the Service Organization, the Minister may do all things

necessary to accomplish that, including dealing with the assets and liabilities

of the Agency or Service Organization by,

(

a) liquidating

or selling the assets and paying the proceeds into the Consolidated Revenue

Fund;

(

b) transferring

the assets and liabilities to the Crown, including another agency of the Crown;

(

c) transferring

the Agency’s or Service Organization’s employees to the Crown or to another

agency of the Crown.

(1) Clause 48 (1) (

b) of the Act is amended by striking out “the

Agency, a health service provider” and substituting “the Agency, the Service

Organization, a health service provider”.

(2) Clause

48 (1) (

c) of the Act is repealed and the following substituted:

(

c) prescribing

provisions of the Not-for-Profit Corporations Act, 2010

and the Corporations Information Act , or any

successor to those Acts, that apply to the Agency or the Service Organization

and the modifications with which those provisions are to so apply;

(3) Clause

48 (1) (

d) of the Act is amended by striking out “the Agency” at the end and

substituting “the Agency or the Service Organization”.

(4) Clause

48 (1) (e.1) of the Act is repealed and the following substituted:

(e.1) respecting

and governing the provision and funding of home and community care services for

the purposes of this Act, including governing standards and requirements with

respect to home and community care services and defining or clarifying the

meaning of “home and community care service”, “care co-ordination services” or

related expressions for the purposes of this Act or the regulations or any

provision of this Act or the regulations;

(e.2) governing

the board of directors of the Service Organization, including establishing

eligibility requirements, term limits and the filling of vacancies on the

board;

(e.3) governing

the provision of operational supports and placement management services by the

Service Organization, including,

(

i) governing

Organization and a client provider or another health service provider or an Ontario

Health Team, and

(ii) governing

the assignment of employees of the Service Organization to provide operational

supports or placement management services;

(5) Clause

48 (1) (

h) of the Act is amended by striking out “conditions and”.

(6) Clause

48 (1) (

n) of the Act is repealed and the following substituted:

(

n) governing

transitional or similar matters that may arise due to the enactment of this Act

or any amendments, repeals or revocations made by The

People’s Health Care Act, 2019 , the Connecting

People to Home and Community Care Act, 2020 or the Convenient

Care at Home Act, 2023 including, without in any way limiting the

generality of the foregoing,

(

i) clarifying

the application of any provisions and governing situations where a provision

has been repealed or revoked and a related provision has not, and

(ii) governing

any transitional or similar matters that may arise as a result of the creation

of the Service Organization, including governing the transition of the chief

executive officers and the members of the boards of directors from the

predecessor corporations;

AMENDMENTS

TO OTHER ACTS

Broader

Public Sector Accountability Act, 2010

(1) Subsection 1 (1) of the Broader Public

Sector Accountability Act, 2010 is amended by adding the following

definition:

“Service

Organization” has the same meaning as in the Connecting

Care Act, 2019 . (“Organisme de services”)

(2) Section

5 of the Act is repealed and the following substituted:

Reporting

by Ontario Health and Service Organization

(1) Ontario

Health and the Service Organization shall prepare reports approved by the board

of Ontario Health or the Service Organization, as the case may be, concerning

the use of consultants by Ontario Health or the Service Organization.

Directives

(2) The

Minister of Health may issue directives to Ontario Health and to the Service

Organization respecting the reports, including directives with respect to,

(

a) the

information that shall be included in reports made under subsection (1);

(

b) to

whom the reports shall be submitted; and

(

c) the

form, manner and timing of the reports.

Compliance

(3) Ontario

Health and the Service Organization shall comply with the directives.

(3) Subsection

6 (2) of the Act is amended by striking out “The Minister of Health and

Long-Term Care” at the beginning of the portion before clause (

a) and

substituting “The Minister of Health”.

(4) Subsections

8 (1) and (2) of the Act are repealed and the following substituted:

Public

posting of expenses

(1) Ontario

Health, the Service Organization and every hospital shall, in compliance with

directives made under subsection (2), post on its public website information

about expense claims that is required to be posted under the directives.

Directives

(2) The

Minister of Health may issue directives respecting the information about

expense claims that is to be posted on a public website for the purposes of

subsection (1).

(5) Section

14 of the Act is repealed and the following substituted:

Ontario

Health, Service Organization

(1) Ontario

Health and the Service Organization shall prepare attestations, made by its

chief executive officer and approved by its board, attesting to,

(

a) the

completion and accuracy of reports required on the use of consultants;

(

b) compliance

with the prohibition on engaging lobbyist services using public funds;

(

c) compliance

with the expense claim directives issued by the Management Board of Cabinet;

(

d) compliance

with the perquisites directives issued by the Management Board of Cabinet;

(

e) compliance

with procurement directives issued by the Management Board of Cabinet; and

(

f) compliance

with directives issued by the Management Board of Cabinet on the preparation

and publication of business plans and other business or financial documents.

Directives

(2) The

Minister of Health may issue directives respecting the attestations, including

directives with respect to,

(

a) the

information that shall be included in the attestations and any other

information in relation to the attestations;

(

b) to

whom the attestations shall be submitted; and

(

c) the

form, manner and timing of the attestations.

Compliance

(3) Ontario

Health and the Service Organization shall comply with the directives.

Posting

(4) Ontario

Health and the Service Organization shall publicly post the attestations on

their website.

(6) Subsection

15 (3) of the Act is amended by striking out “The Minister of Health and

Long-Term Care” at the beginning of the portion before clause (

a) and

substituting “The Minister of Health”.

(7) Section

17 of the Act is repealed and the following substituted:

Ontario

Health

(1) Every

obligation of Ontario Health under this Act is deemed to be an obligation they

are required to comply with under the terms of an accountability agreement

required under the Connecting Care Act, 2019 .

Service

Organization

(2) Every

obligation of the Service Organization under this Act is deemed to be an

obligation they are required to comply with under the terms of a service

accountability agreement required under the Connecting

Care Act, 2019 .

(8) Subsections

20 (1) and (2) of the Act are repealed and the following substituted:

Employment

agreements

(1) Every

employment or other agreement between Ontario Health, the Service Organization

or a hospital and a person employed by Ontario Health, the Service Organization

or the hospital in a senior management position is deemed to contain a term

providing that the obligations of Ontario Health, the Service Organization or

the hospital under this Act are also the obligations of the person employed by

Ontario Health, the Service Organization or the hospital.

Reduction

in compensation

(2) Despite

any employment or other agreement, the board of Ontario Health, the Service

Organization or a hospital may, in addition to any other remedy under the

agreement or at common law, reduce the compensation of a person employed in a

senior management position where the board determines that the person has

failed to meet a requirement under this Act.

Community

Safety and Policing Act, 2019

Subparagraph 1 i of subsection 250 (3) of the Community

Safety and Policing Act, 2019 is repealed and the following substituted:

i. Ontario

Health, or

Excellent

Care for All Act, 2010

(1) Clause (c.1) of the definition of “health sector organization”

section 1 of the Excellent Care for All Act, 2010

is amended by striking out the portion before subclause (

i) and substituting

the following:

(c.1) the

Service Organization, but only with respect to,

. . . .

(2) Sub-subclause

(c.1) (ii) (

D) of the definition of “health sector organization” in

section 1

of the Act is amended by striking out “a local health integration network” and

substituting “the Service Organization”.

(3) The

definition of “local health integration network” in

section 1 of the Act is

repealed.

(4) Section

1 of the Act is amended by adding the following definition:

“Service

Organization” has the same meaning as in the Connecting

Care Act, 2019 ; (“Organisme de services”)

(5) Clause

(c.1) of the definition of “patient or former patient” in subsection 13.1

(9) of the Act is repealed and the following substituted:

(c.1) a

person who receives or has received services from the Service Organization, but

only with respect to matters described in clause (c.1) of the definition of

“health sector organization” in

section 1,

(c.2) a

person who received services from a local health integration network before the

network was amalgamated into the Service Organization, but only with respect to

matters described in clause (c.1) of the definition of “health sector

organization” as it read at the time the services were provided,

(6) Subsection

13.2 (2) of the Act is amended by striking out the portion before clause (

a) and substituting the following:

Facilitated

resolution

(2) The

patient ombudsman shall work with the patient, former patient, caregiver or

other prescribed person and the health sector organization to attempt to

facilitate a resolution of a complaint made under subsection (1) unless, in the

opinion of the patient ombudsman,

. . . .

(7) Subsection

13.5 (2) of the Act is repealed.

Health

Protection and Promotion Act

The definition of “health care provider or health care entity” in subsection

77.7 (6) of the Health Protection and Promotion Act

is amended by adding the following paragraph:

10.1 The

Service Organization.

Ombudsman

Act

Subsection 13 (9) of the Ombudsman Act is repealed

and the following substituted:

Application

to Service Organization

(9) This

Act does not apply to the Service Organization, within the meaning of the Connecting Care Act, 2019 , with respect to matters described

in clause (c.1) of the definition of “health sector organization” in

section 1

of the Excellent Care for All Act, 2010 .

Pay

Equity Act

(1) Clause 1 (

d) of the

Schedule to the Pay

Equity Act is amended by striking out “Minister of Health and Long-Term

Care” and substituting “Minister of Health”.

(2) The

heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the Appendix to the

Schedule

to the Act is repealed and the following substituted:

MINISTRY

OF HEALTH AND MINISTRY OF LONG-TERM CARE

(3) Clause

1 (

b) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the Appendix

to the

Schedule to the Act is repealed and the following substituted:

(

b) a

long-term care home under the authority of a licence issued or replaced, or an

approval granted or continued, under the Fixing Long-Term

Care Act, 2021 but, for greater certainty, only in respect of its

long-term care home beds with respect to which funding is received from the

Province of Ontario or the corporation continued by

section 3 of the Connecting Care Act, 2019 ;

(4) Clause

1 (

d) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the Appendix

to the

Schedule to the Act is repealed and the following substituted:

(

d) a

psychiatric facility within the meaning of the Mental

Health Act , the operation of which is funded in whole or in part by the

Ministry of Health, the Ministry of Long-Term Care or the corporation continued

section 3 of the Connecting Care Act, 2019 ;

(5) Clause

1 (

h) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the Appendix

to the

Schedule to the Act is repealed and the following substituted:

(

h) a

detoxification centre that receives funding from the Ministry of Health, the

Ministry of Long-Term Care or the corporation continued by

section 3 of the Connecting Care Act, 2019 ;

(6) Clause

1 (h.1) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the

Appendix to the

Schedule to the Act is repealed and the following substituted:

(h.1) services

relating to addiction if the provider of the services receives funding from the

Ministry of Health, the Ministry of Long-Term Care or the corporation continued

section 3 of the Connecting Care Act, 2019 ;

(7) Clause

1 (

i) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the Appendix

to the

Schedule to the Act is repealed and the following substituted:

(

i) an

adult community mental health service the operation of which is, pursuant to an

agreement in writing, funded in whole or in part by the Ministry of Health, the

Ministry of Long-Term Care or the corporation continued by

section 3 of the Connecting Care Act, 2019 ;

(8) Clause

1 (

j) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the Appendix

to the

Schedule to the Act is repealed and the following substituted:

(

j) a

placement service the operation of which is, pursuant to a “Placement

Co-ordination Service Agreement” or other agreement in writing, funded in whole

or in part by the Ministry of Health, the Ministry of Long-Term Care or the

corporation continued by

section 3 of the Connecting Care

Act, 2019 .

(9) Clause

14 (

b) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the

Appendix to the

Schedule to the Act is repealed and the following substituted:

(

b) who

receives funding from the Ministry of Health, the Ministry of Long-Term Care or

the corporation continued by

section 3 of the Connecting

Care Act, 2019 in accordance with the number or type of services

provided.

(10) Clause

15 (

b) under the heading “MINISTRY OF HEALTH AND LONG-TERM CARE” in the

Appendix to the

Schedule to the Act is repealed and the following substituted:

(

b) receives

funding from the Ministry of Health, the Ministry of Long-Term Care or the corporation

continued by

section 3 of the Connecting Care Act, 2019

in accordance with the number of individuals on the roster.

Police

Services Act

Subparagraph 1 i of subsection 145 (3) of the Police

Services Act is repealed and the following substituted:

i. Ontario

Health, or

Public

Hospitals Act

(1) Section 6 of the Public Hospitals Act

is repealed.

(2) Subsection

9.1 (2) of the Act is amended by striking out “5, 6 or 9” and substituting “5

or 9”.

Public

Sector Labour Relations Transition Act, 1997

(1) The Public Sector Labour Relations

Transition Act, 1997 is amended by adding the following section:

Amalgamation

into Service Organization

8.0.1

(1) In this

section,

“predecessor corporations” has the same meaning

as in

Part III.1 of the Connecting Care Act, 2019 ;

(“personnes morales remplacées”)

“Service

Organization” has the same meaning as in the Connecting

Care Act, 2019 . (“Organisme de services”)

Application

(2) This

Act applies upon the amalgamation of the predecessor corporations into the

Service Organization under

Part III.1 of the Connecting

Care Act, 2019 .

Predecessor

and successor employers

(3) For

the purposes of this Act, the predecessor corporations are the predecessor

employers and the Service Organization is the successor employer.

Changeover date

(4) For

the purposes of this Act, the changeover date is the day that

section 9 of the Convenient Care at Home Act, 2023 comes into force.

(2) Subsection

11 (2) of the Act is repealed and the following substituted:

Crown

not successor employer

(2) Subject

to subsection (3) and despite anything else in this Act, the Crown shall not be

considered a successor employer.

Exception

(3) Subsection

(2) does not apply to the amalgamation described in

section 8.0.1.

Simpler,

Faster, Better Services Act, 2019

Item 6 of the

Schedule to the Simpler, Faster, Better

Services Act, 2019 is repealed.

Smoke-Free

Ontario Act, 2017

Clause (

b) of the definition of “home health-care worker” in subsection 16

(4) of the Smoke-Free Ontario Act, 2017 is repealed and

the following substituted:

(

b) an

entity that receives funding from the Ministry of Health, the Ministry of

Long-Term Care or the Agency within the meaning of the Connecting

Care Act, 2019 , or

Connecting

People to Home and Community Care Act, 2020

Subsection 2 (9) of

Schedule 3 to the Connecting People to

Home and Community Care Act, 2020 is repealed.

The

People’s Health Care Act, 2019

Subsections 2 (4), (6), (8), (11), (13), (15), (17), (21) and (23) and 7 (3) of

Schedule 3 to The People’s Health Care Act, 2019

are repealed.

COMMENCEMENT

AND

SHORT TITLE

Commencement

(1) Except as otherwise provided in this

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

(2) Section

14 is deemed to have come into force on May 1, 2022.

(3) Sections

1 to 9 and 11, subsections 12 (1) to (3) and 13 (2),

section 15, subsections 16

(1) to (4) and (6) and sections 17 to 27 come into force on a day to be named

by proclamation of the Lieutenant Governor.

Short

title

The

short title of this Act is the Convenient Care at Home

Act, 2023 .

Date Bill stage Event Outcome Committee

December 4, 2023

Royal Assent

Royal Assent received

November 28, 2023

Third Reading

Vote

Carried on division

November 28, 2023

Third Reading

Question put

November 28, 2023

Third Reading

Closure

Carried on division

November 27, 2023

Third Reading

Moved closure

Vote deferred

November 27, 2023

Third Reading

Debated

November 27, 2023

Third Reading

Debated

Debate adjourned

November 23, 2023

Third Reading

Debated

Debate adjourned

November 23, 2023

Third Reading

Debated

Debate adjourned

November 22, 2023

Second Reading

Ordered for Third Reading

November 22, 2023

Second Reading

Report adopted

November 22, 2023

Third Reading

Ordered for Third Reading

November 22, 2023

Second Reading

Reported without amendment

Standing Committee on Social Policy

November 21, 2023

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

November 15, 2023

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

November 14, 2023

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

November 14, 2023

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

October 24, 2023

Second Reading

Ordered referred to Standing Committee

Standing Committee on Social Policy

October 24, 2023

Second Reading

Vote

Carried on division

October 24, 2023

Second Reading

Question put

Vote deferred

October 24, 2023

Second Reading

Debated

October 23, 2023

Second Reading

Debated

Debate adjourned

October 23, 2023

Second Reading

Debated

Debate adjourned

October 16, 2023

Second Reading

Debated

Debate adjourned

October 4, 2023

First Reading

Ordered for Second Reading

October 4, 2023

First Reading

Vote

Carried

First Reading

October 4, 2023

Carried

Second Reading

October 16, 2023

Principal Debaters

Cho, Hon. Raymond Sung Joon

Scarborough North

Fraser, John

Ottawa South

Gates, Wayne

Niagara Falls

Gélinas, France

Nickel Belt

Jones, Hon. Sylvia

Dufferin—Caledon

Martin, Robin

Eglinton—Lawrence

McCrimmon, Karen

Kanata—Carleton

Questions and Responses

Armstrong, Teresa

London—Fanshawe

Bailey, Robert

Sarnia—Lambton

Coe, Lorne

Whitby

Fife, Catherine

Waterloo

French, Jennifer

Oshawa

Harden, Joel

Ottawa Centre

Kusendova-Bashta, Natalia

Mississauga Centre

Leardi, Anthony

Essex

Pasma, Chandra

Ottawa West—Nepean

Rae, Matthew

Perth—Wellington

Saunderson, Brian

Simcoe—Grey

Stevens, Jennifer (Jennie)

St. Catharines

Taylor, Monique

Hamilton Mountain

October 23, 2023

Principal Debaters

Blais, Stephen

Orléans

Bourgouin, Guy

Mushkegowuk—James Bay

Gallagher Murphy, Dawn

Newmarket—Aurora

Harden, Joel

Ottawa Centre

Pasma, Chandra

Ottawa West—Nepean

Saunderson, Brian

Simcoe—Grey

Shamji, Adil

Don Valley East

Stevens, Jennifer (Jennie)

St. Catharines

Taylor, Monique

Hamilton Mountain

Questions and Responses

Armstrong, Teresa

London—Fanshawe

Bourgouin, Guy

Mushkegowuk—James Bay

Coe, Lorne

Whitby

Fife, Catherine

Waterloo

Flack, Hon. Rob

Elgin—Middlesex—London

French, Jennifer

Oshawa

Gates, Wayne

Niagara Falls

Ghamari, Goldie

Carleton

Hogarth, Christine

Etobicoke—Lakeshore

Kernaghan, Terence

London North Centre

Kusendova-Bashta, Natalia

Mississauga Centre

Leardi, Anthony

Essex

Mamakwa, Sol

Kiiwetinoong

Pierre, Natalie

Burlington

Rae, Matthew

Perth—Wellington

Sabawy, Sheref

Mississauga—Erin Mills

Vanthof, John

Timiskaming—Cochrane

October 23, 2023

Debated

October 24, 2023

Principal Debaters

Burch, Jeff

Niagara Centre

Kusendova-Bashta, Natalia

Mississauga Centre

Questions and Responses

Bouma, Will

Brantford—Brant

Gallagher Murphy, Dawn

Newmarket—Aurora

Glover, Chris

Spadina—Fort York

Pang, Billy

Markham—Unionville

Pasma, Chandra

Ottawa West—Nepean

Sattler, Peggy

London West

Vaugeois, Lise

Thunder Bay—Superior North

Question put

October 24, 2023

Carried on division

Ordered referred to Standing Committee

Standing Committee on Social Policy

November 14, 2023

Consideration of a Bill

Standing Committee on Social Policy

November 15, 2023

Consideration of a Bill

Standing Committee on Social Policy

November 21, 2023

Consideration of a Bill

Standing Committee on Social Policy

November 22, 2023

Reported without amendment

Standing Committee on Social Policy

Ordered for Third Reading

Third Reading

November 23, 2023

Principal Debaters

Begum, Doly

Scarborough Southwest

Fraser, John

Ottawa South

Gallagher Murphy, Dawn

Newmarket—Aurora

Gates, Wayne

Niagara Falls

Jones, Hon. Sylvia

Dufferin—Caledon

Jordan, John

Lanark—Frontenac—Kingston

Kerzner, Hon. Michael

York Centre

Leardi, Anthony

Essex

Martin, Robin

Eglinton—Lawrence

Shamji, Adil

Don Valley East

Wong-Tam, Kristyn

Toronto Centre

Questions and Responses

Byers, Rick

Bruce—Grey—Owen Sound

Dowie, Andrew

Windsor—Tecumseh

Flack, Hon. Rob

Elgin—Middlesex—London

French, Jennifer

Oshawa

Gélinas, France

Nickel Belt

Glover, Chris

Spadina—Fort York

Jordan, John

Lanark—Frontenac—Kingston

Kernaghan, Terence

London North Centre

Mamakwa, Sol

Kiiwetinoong

Pierre, Natalie

Burlington

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Smith, Laura

Thornhill

Stevens, Jennifer (Jennie)

St. Catharines

Taylor, Monique

Hamilton Mountain

Wai, Daisy

Richmond Hill

November 23, 2023

Debated

November 27, 2023

Questions and Responses

Gallagher Murphy, Dawn

Newmarket—Aurora

Gélinas, France

Nickel Belt

Kusendova-Bashta, Natalia

Mississauga Centre

Martin, Robin

Eglinton—Lawrence

Tabuns, Peter

Toronto—Danforth

Vaugeois, Lise

Thunder Bay—Superior North

November 27, 2023

Debated

Moved closure

November 28, 2023

Closure carried on division

Carried on division

Royal Assent

December 4, 2023

Royal Assent received