Black Mental Health Day Act, 2022 — Bill 32 (43rd Parliament, 1st Session)
Bill 32, 43-1
Ontario — Bills
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Bill 32, Black Mental Health Day Act, 2022
Karpoche, Bhutila
Andrew, Jill
Lindo, Laura Mae
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Original
Bill 32 Original (PDF)
EXPLANATORY
NOTE
The
Bill proclaims the first Monday in March in each year as Black Mental Health
Day.
The
Anti-Racism Act, 2017 is amended to require the
Ministry of Health, the Ministry of Long-Term Care, Ontario Health and any
person receiving funding from the Government of Ontario to provide health care
services to take all reasonable steps to ensure that information relating to
the race of patients in Ontario is collected.
The
Ministry of Health and Long-Term Care Act is
amended. Currently, the Act lists the functions, duties and powers of the
Minister. The Bill amends the list by adding the duty to ensure that health
services are provided in a culturally appropriate manner.
Bill 32 2022
Act to proclaim Black Mental Health Day and to raise awareness of related
issues
Preamble
Anti-Black
racism persists in the Province of Ontario and in provincial government systems
and services today. It results in inequitable treatment and unequal outcomes
for Black Ontarians across all sectors, including the education, justice,
employment, housing and child welfare sectors.
Racial
inequalities, anti-Black racism, discrimination and the lasting effects of
trauma have negative impacts on the mental health and physical well-being of
Black Ontarians. The lack of concrete action to address anti-Black racism in
public services like healthcare and education, and in the area of housing
services, only increases the toll of anti-Black racism on Black Ontarians’ mental
health, regardless of income, education, or employment status.
proclaiming the first Monday in March in each year as Black Mental Health Day
in Ontario, the provincial government can show Black Ontarians that it
recognizes the ongoing impact on mental health that results from staying silent
on issues of anti-Black racism in public services. Black Mental Health Day will
also raise awareness of the specific mental health needs of Black communities
across Ontario.
Currently,
there is no co-ordinated approach or requirement for the collection of
race-based healthcare data, despite evidence of racial inequities in health
outcomes in Ontario and calls, from the community and health care providers,
for the province to collect such data to inform evidence-based policymaking and
service provision.
Attempts
to respond to the mental health needs of Black Ontarians have often failed to
recognize the diversity that exists within Black communities, highlighting the
importance of providing culturally appropriate services that respond to this
diversity.
Far
too often the health needs of Black individuals are left unaddressed by our
healthcare system. Black Ontarians are faced with enduring race-based
stereotypes that result in the denial of proper medical assessments, increased
rates of misdiagnosis, under-treatment and failure to diagnose. The effects of
anti-Black racism can result in mental health conditions or aggravate those
conditions, including conditions such as depression and anxiety. Mental health
issues have been found to increase both risk of physical illness and harm from
physical illness that Black communities already experience at higher rates.
There
is a need to deliver mental health services using anti-oppression frameworks
that recognize the long-standing and enduring impact of anti-Black racism on
Black Ontarians. Taking this important step will lead healthcare professionals
to work collectively to ensure that Black Ontarians can access pathways to
allow them to live healthy lives.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Black
Mental Health Day
The
first Monday in March in each year is proclaimed as Black Mental Health Day.
Anti-Racism
Act, 2017
(1) Subsection 6 (7) of the Anti-Racism Act,
2017 is repealed.
(2) The
Act is amended by adding the following section:
Mandatory
collection in the health sector
6.1
(1) The
Ministry of Health, the Ministry of Long-Term Care, Ontario Health and any
person who receives funding from the Government of Ontario to provide health
care services shall take all reasonable steps to ensure that information
relating to the race of patients in Ontario is collected.
Same
(2) Unless
already provided for in the data standards and the regulations made under
subsection 6 (5), the data standards are deemed to list any personal
information necessary for the purposes of subsection (1) and the regulations
are deemed to require the collection of such personal information.
Ministry
of Health and Long-Term Care Act
Subsection 6 (1) of the Ministry of Health and Long-Term
Care Act is amended by adding the following paragraph:
2.1 To
ensure that health services are provided in a culturally appropriate manner.
Commencement
This Act comes into force on the day it receives Royal Assent.
Short
title
The
short title of this Act is the Black Mental Health Day Act, 2022 .
Date Bill stage Event Outcome Committee
November 3, 2022
First Reading
Ordered for Second Reading
November 3, 2022
First Reading
Vote
Carried
First Reading
November 3, 2022
Carried