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Bill 97, Transparent and Accountable Health Care Act, 2022

Gélinas, France

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Status

Debates

Original

Bill 97 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Transparent and Accountable Health Care

Act, 2022 .

Under

the Act, major health sector organizations (which are persons or entities that

receive at least $1 million in public funds from the Ministry of Health in a

year) are required to comply with the Broader Public

Sector Executive Compensation Act, 2014 and with the Public Sector Salary Disclosure Act, 1996 . These

organizations are also deemed to be governmental organizations for the purposes

of the Ombudsman Act . The Auditor General of

Ontario is authorized to audit any aspect of their operations.

The

same requirements apply with respect to publicly-funded suppliers. A

publicly-funded supplier is a person or entity that receives directly or

indirectly at least $1 million in public funds in a year from major health

sector organizations or from other publicly-funded suppliers.

Bill 97 2022

Act to promote transparency and accountability in the funding of health care

services in Ontario

Her

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

Province of Ontario, enacts as follows:

Purpose

1 The purpose of this Act is to promote transparency and

accountability in the funding of health care services in Ontario by ensuring

that certain persons and entities that receive public funds directly or

indirectly are covered by legislative requirements relating to accountability

and transparency.

Definition

this Act,

“fiscal

year” means the fiscal year of the Province of Ontario; (“exercice”)

“public

funds” means public funds as defined in the Broader Public

Sector Accountability Act, 2010 . (“f onds publics”)

Major

health sector organizations

(1) For the purposes of this Act, a person or

entity is a major health sector organization if that person or entity receives

at least $1 million in public funds from the Ministry of Health in a fiscal

year that begins on or after April 1, 2022.

Same

(2) For

example, the following may be major health sector organizations:

1. Boards

of health.

2. Designated

air ambulance service providers within the meaning of the Ambulance

Act .

3. Hospitals.

4. Independent

health facilities within the meaning of the Independent

Health Facilities Act .

5. Ontario

Health and any organizations that are part of Ontario Health.

6. Long-term

care homes.

7. Out-of-hospital

premises.

8. Group

purchasing organizations.

Public

funds

(3) For

the purposes of subsection (1), a person or entity receives public funds from

the Ministry of Health if the funds are received as a grant or transfer payment

or through another funding arrangement.

Interpretation

(4) For

greater certainty, subsection (1) includes a person or entity that carries on

business for profit.

Publicly-funded

suppliers

(1) For the purposes of this Act, a person or

entity is a publicly-funded supplier if the person or entity receives, in the

aggregate, at least $1 million in public funds directly or indirectly from one

or more major health sector organizations or other publicly-funded suppliers in

a fiscal year that begins on or after April 1, 2022.

Public

funds

(2) For

the purposes of subsection (1), a person or entity receives public funds if the

funds are received from a major health sector organization or publicly-funded

supplier, directly or indirectly,

(

a) through

a grant or transfer payment or other funding arrangement;

(

b) for

the provision of goods or services;

(

c) under

a fee for service arrangement; or

(

d) by

way of a loan or loan guarantee.

Interpretation

(3) For

greater certainty, subsection (1) includes a person or entity that carries on

business for profit.

Application of Broader Public Sector

Executive Compensation Act, 2014

(1) If a major health sector organization or a

publicly-funded supplier is not a designated employer under the Broader Public Sector Executive Compensation Act, 2014 , it is deemed to be a

designated employer for the purposes of the application of that Act.

Restriction

(2) Subsection

(1) applies in respect of the first fiscal year that begins on or after April

1, 2022 in which the major health sector organization or publicly-funded

supplier receives at least $1 million in public funds, and in respect of every

fiscal year thereafter.

Application

of Ombudsman Act

(1) If a major health sector organization or a

publicly-funded supplier is not a governmental organization under the Ombudsman Act , it is deemed to be a governmental

organization for the purposes of the application of that Act.

Restriction

(2) Subsection

(1) applies in respect of the first fiscal year that begins on or after April

1, 2022 in which the major health sector organization or publicly-funded

supplier receives at least $1 million in public funds, and in respect of every

fiscal year thereafter.

Application

of Public Sector Salary Disclosure Act, 1996

(1) If a major health sector organization or a

publicly-funded supplier is not an employer under the Public

Sector Salary Disclosure Act, 1996 , it is deemed to be an employer for

the purposes of the application of that Act.

Restriction

(2) Subsection

(1) only applies in respect of fiscal years in which the major health sector

organization or publicly-funded supplier receives at least $1 million in public

funds.

Authority

of the Auditor General

(1) The Auditor General may, at any time, audit

any aspect of the operations of a major health sector organization or a

publicly-funded supplier.

Restriction

(2) Subsection

(1) only applies in respect of fiscal years in which the major health sector

organization or publicly-funded supplier receives at least $1 million in public

funds.

Regulations

9 The Lieutenant Governor in Council may make any regulations

the Lieutenant Governor in Council considers necessary or advisable to carry

out the intent and purpose of this Act.

Commencement

10 This Act comes into force on the day it receives Royal

Assent.

Short

title

11 The

short title of this Act is the Transparent

and Accountable Health Care Act, 2022 .

Date Bill stage Event Outcome Committee

March 9, 2022

First Reading

Vote

Carried

Debates and Progress

First Reading

March 9, 2022

Committee

Second Reading

Committee

Third Reading

Royal Assent

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