MULTI-SECTOR SERVICE ACCOUNTABILITY AGREEMENT
April 1, 2023 to March 31, 2024

SERVICE ACCOUNTABILITY AGREEMENT
with
Momiji Health Care Society
Effective Date: April 1, 2023
Index to Agreement
ARTICLE 1 - DEFINITIONS & INTERPRETATION ................................................................ 2
ARTICLE 2 - TERM AND NATURE OFTHIS AGREEMENT .................................................. 8
ARTICLE 3 - PROVISION OF SERVICES ............................................................................. 8
ARTICLE 4 - FUNDING ........................................................................................................ 11
ARTICLE 5 ± REPAYMENT AND RECOVERY OF FUNDING ............................................ 14
ARTICLE 6 - PLANNING & INTEGRATION ......................................................................... 16
ARTICLE 7 - PERFORMANCE ............................................................................................. 18
ARTICLE 8 ± REPORTING, ACCOUNTING AND REVIEW ................................................ 20
ARTICLE 9 - REPRESENTATIONS, WARRANTIES AND COVENANTS ........................... 23
ARTICLE 10 ± LIMITATION OF LIABILITY, INDEMNITY & INSURANCE ........................... 25
ARTICLE 11 - TERMINATION AND EXPIRY OF AGREEMENT ......................................... 27
ARTICLE 12 - NOTICE ......................................................................................................... 29
ARTICLE 13 ± ADDITIONAL PROVISIONS ......................................................................... 30
ARTICLE 14 - ENTIRE ......................................................................................................... 32
SCHEDULES
Schedule A: Total Funder Funding
Schedule B: Reports
Schedule C: Directives, Guidelines & Policies
Schedule D: Performance
Schedule E: Project Funding Agreement Template
Schedule F: Declaration of Compliance/Declaration of Compliance for Municipalities
Schedule G: N/ATHIS AGREEMENT effective as of the 1st day of April, 2023
BETWEEN:ONTARIO HEALTH (WKH³Funder´- and MOMIJI HEALTH CARE SOCIETY WKH³HSP´

Background:This service accountability agreement is entered into pursuant to the Connecting Care Act,
2019 WKH³CCA´ 
The HSP and the Funder are committed to working together, and with others, to achieve
evolving provincial priorities including building a connected and sustainable health caresystem centred around the needs of patients, their families and their caregivers.
In this context, the HSP and the Funder agree that the Funder will provide funding to the HSP
on the terms and conditions set out in this Agreement to enable the provision of services tothe health system by the HSP.
In consideration of their respective agreements set out below, the Funder and the HSP
covenant and agree as follows:
ARTICLE 1 - DEFINITIONS & INTERPRETATION
1.1

Definitions. In this Agreement the following terms will have the following meanings:³Accountability Agreement´PHDQVWKHDFFRXQWDELOLW\Dgreement, as that term is definedin the Enabling Legislation, in place between the Funder and the Ministry during a FundingYear;³Active Offer´ means the clear and proactive offer of service in French to individuals,
from the first point of contact, without placing the responsibility of requesting services in
French on the individual;³Agreement´ PHDQV WKLV DJUHHPHQW DQG LQFOXGHV WKH 6FKHGXOHV and any instrument
amending this agreement or the Schedules;³Annual Balanced Budget´PHDQVWKDWLQHDFK)XQGLQJ<HDURIWKHWHUPRIWKLVAgreement, the total revenues of the HSP are greater than or equal to the total expenses,
from all sources, of the HSP;

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

2

³Applicable Law´PHDQVDOOIHGHUDOSURYLQFLDORUPXQLFLSDOODZVUHJXODWLRQVFRPPRQlaw, orders, rules or by-laws that are applicable to the HSP, the Services, this$JUHHPHQWDQGWKHSDUWLHV¶REOLJDWLRQVXQGHUWKLV$JUHHPHQWGXULQJWKHWHUPRIWKLVAgreement;³Applicable Policy´PHDQVDQ\UXOHVSROLFLHVGLUHFWLYHVVWDQGDUGVRISUDFWLFHRUProgram Parameters issued or adopted by the Funder, the Ministry or other ministries oragencies of the province of Ontario that are applicable to the HSP, the Services, thisAJUHHPHQWDQGWKHSDUWLHV¶REOLJDWLRQVXQGHUWKLV$JUHHPHQWGXULQJWKHWHUPRIWKLVAgreement. Without limiting the generality of the foregoing, Applicable Policy includes theother documents identified in Schedule C;³Board´PHDQV
(a) in respect of an HSP that does not have a Long-Term Care Home Service
Accountability Agreement with the Funder and is:(1) a corporation, the board of directors;(2) a First Nation, the band council; and(3) a municipality, the municipal council;
and,(b) in respect of an HSP that has a Long-Term Care Home Service Accountability
Agreement with the Funder and may be:(1) a corporation, the board of directors;(2) a First Nation, the band council;(3) a municipality, the committee of management;(4) a board of management established by one or more municipalities or by
RQHRUPRUH)LUVW1DWLRQV¶EDQGFRXQFLOVWKHPHPEHUVRIWKHERDUGRI
management;³BPSAA´PHDQVWKHBroader Public Sector Accountability Act, 2010 and regulations madeunder it, as it and they may be amended from time to time;³Budget´PHDQVWKHEXGJHWDSSURYHGE\WKH)XQGHUDQGDSSHQGHGWRWKLV$JUHHPHQWLQ
Schedule A;³CCA´PHDQVWKHConnecting Care Act, 2019, and the regulations under it, as it and they
may be amended from time to time;³CEO´PHDQVWKHLQGLYLGXDODFFountable to the Board for the provision of the Services inaccordance with the terms of this Agreement;³Chair´PHDQVLIWKH+63LV
Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 20243

(a) a corporation, the Chair of the Board;(b) a First Nation, the Chief; and(c) a municipality, the Mayor,or such other person properly authorized by the Board or under Applicable Law;
³Compliance Declaration´ PHDQVD FRPSOLDQFH GHFODUDWLRQ VXEVWDQWLDOO\ LQ WKHIRUP VHWout in Schedule F;³Confidential Information´ PHDQV LQIRUPDWLRQ WKDW LV PDUNHG RU RWKHUZLVH LGHQWLILHG as
confidential by the disclosing party at the time the information is provided to the receiving
party. Confidential Information does not include information that: (a) was known to thereceiving party prior to receiving the information from the disclosing party; (b) has become
publicly known through no wrongful act of the receiving party; or (c) is required to bedisclosed by law, provided that the receiving party provides Notice in a timely manner ofsuch requirement to the disclosing party, consults with the disclosing party on the
proposed form and nature of the disclosure, and ensures that any disclosure is made instrict accordance with Applicable Law;
³Conflict of Interest´LQUHVSHFWRIDQ+63LQFOXGHVDQ\VLWXDWLRQRUFLUFXPVWDQFHZKHUH
in relation to the performance of its obligations under this Agreement:(a) the HSP;(b) DPHPEHURIWKH+63¶V%RDUGRU(c) DQ\SHUVRQHPSOR\HGE\WKH+63ZKRKDVWKHFDSDFLW\WRLQIOXHQFHWKH+63¶V
decision,has other commitments, relationships or financial interests that:(a) FRXOGRUFRXOGEHVHHQWRLQWHUIHUHZLWKWKH+63¶VREMHFWLYHXQELDVHGDQG
impartial exercise of its judgement; or(b) could or could be seen to compromise, impair or be incompatible with theeffective performance of its obligations under this Agreement;³Controlling Shareholder´RIDFRUSRUDWLRQPHDQVDVKDUHKROGHUZKRRUZKLFKKROGV
(or another person who or which holds for the benefit of such shareholder), other than by
way of security only, voting securities of such corporation carrying more than 50% of thevotes for the election of directors, provided that the votes carried by such securities are
sufficient, if exercised, to elect a majority of the board of directors of such corporation;³Days´PHDQVFDOHQGDUGD\V³Designated´ means designated as a public service agency under the FLSA;³Digital Health´refers to the use of digital and virtual tools, products, technologies, data,and services that enable improved patient experience and population health outcomes,
Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

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care quality, access, integration, coordination, and system sustainability when they areleveraged by patients, providers and integrated care teams;³(IIHFWLYH'DWH´means April 1, 2023;³Enabling Legislation´PHDQVWKH&&$
³Explanatory Indicator´ means a measure that is connected to and helps to explain
performance in a Performance Indicator or a Monitoring Indicator. An Explanatory,QGLFDWRUPD\RUPD\QRWEHDPHDVXUHRIWKH+63¶VSHUIRUPDQFH No Performance
Target is set for an Explanatory Indicator;³Factors Beyond WKH+63¶V&RQWURO´ include occurrences that are, in whole or in part,
FDXVHGE\SHUVRQVHQWLWLHVRUHYHQWVEH\RQGWKH+63¶VFRQWURO([DPSOHVPD\LQFOXGH
but are not limited to, the following:(a) significant costs associated with complying with new or amended Governmentof Ontario technical standards, guidelines, policies or legislation;(b) the availability of health care in the community (hospital care, long-term care,home care, and primary care);(c) the availability of health human resources; arbitration decisions that affect HSP
employee compensation packages, including wage, benefit and pensioncompensation, which exceed reasonable HSP planned compensation
settlement increases and in certain cases non-monetary arbitration awards thatsignificantly impact upon HSP operational flexibility; and(d) catastrophic events, such as natural disasters and infectious disease
outbreaks;³FIPPA´PHDQVWKHFreedom of Information and Protection of Privacy Act (Ontario) andthe regulations made under it as it and they may be amended from time to time;³FLSA´PHDQVWKHFrench Language Services Act and the regulations made under it as it
and they may be amended from time to time;³Funder´PHDQV2QWDULR+HDOWK
³Funding´ means the amounts of money provided by the Funder to the HSP in each
Funding Year of this Agreement;³Funding Year´PHDQVLQWKHFDVHRIWKHILUVW)XQGLQJ<HDUWKHSHULRGFRPPHQFLQJRQ
the Effective Date and ending on the following March 31, and in the case of Funding
Years subsequent to the first Funding Year, the period commencing on the date that is
April 1 following the end of the previous Funding Year and ending on the following March31;³+63¶V3HUVRQQHODQG9ROXQWHHUV´PHDQVWKH&RQWUROOLQJ6hareholders (if any),
directors, officers, employees, agents, volunteers and other representatives of the HSP.
,QDGGLWLRQWRWKHIRUHJRLQJ+63¶V3HUVRQQHODQG9ROXQWHHUVVKDOOLQFOXGHWKH
Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 20245

contractors and subcontractors and their respective shareholders, directors, officers,
employees, agents, volunteers or other representatives;³Identified´ means identified by the Funder or the Ministry to provide French language
services;³Indemnified Parties´ means the Funder and its officers, employees, directors,
independent contractors, subcontractors, agents, successors and assigns and His
Majesty the King in right of Ontario and His Ministers, appointees andemployees,
independent contractors, subcontractors, agents and assigns. Indemnified Parties also
includes any person participating on behalf of the Funder in a Review;³Interest Income´PHDQVLQWHUHVWHDUQHGRQWKH)XQGLQJ
³Mandate Letter´ has the meaning ascribed to it in the Memorandum of Understanding
between the Ministry and the Funder, and means a letter from the Ministry to the Funderestablishing priorities in accordance with the 3UHPLHU¶V mandate letter to the Ministry;³Minister´PHDQVVXFKPLQLVWHURIWKH&URZQDVPD\EHGHVLJQDWHGDVWKHUHVSRQVLEOH
minister in relation to this Agreement or in relation to any subject matter under thisAgreement, as the case may be, in accordance with the Executive Council Act, as
amended;³Ministry´PHDQVDVWKHFRQWH[WUHTXLUHVWKH0LQLVWHURUWKH0LQLVWU\RI+HDOWKRUVXFKother ministry as may be designated in accordance with Applicable Law as the ministry
responsible in relation to the relevant matter or the Minister of that ministry, as thecontext requires;³Monitoring Indicator´ means a measure of HSP performance that may be monitored
against provincial results or provincial targets, but for which no Performance Target is set;
³MSAA Indicator Technical Specifications document´means the 2023-23 MSAA
Indicator Technical Specifications document, as it may be amended or replaced from time
to time;³Notice´PHDQVDQ\QRWLFHRURWKHUFRPPXQLFDWLRQUHTXLUHGWREHSURYLGHGSXUVXDQWWR
this Agreement or the Enabling Legislation;³Ontario Health´PHDQVWKHFRUSRUDWLRQZLWKRXWVKDUHFDSLWDOXQGHUWKHQDPH2QWDULR
Health as continued under the CCA;
³Performance Agreement´PHDQVDQDJUHHPHQWEHWZHHQDQ+63DQGLWV&(2WKDW
requires the CEO to perform in a manner that enables the HSP to achieve the terms ofthis Agreement and any additional performance improvement targets set out in the+63¶VDQQXDOTXDOLW\LPSURYHPHQWSODQXQGHUWKHExcellent Care for All Act, 2010;³Performance Corridor´PHDQVWKHDFFHSWDEOHUDQJHRIUHVXOWVDURXQGD3HUIRUPDQFH
Target;³Performance Factor´PHDQVDQ\PDWWHUWKDWFRXOGRUZLOOVLJQLILFDQWO\DIIHFWDSDUW\¶V
ability to fulfill its obligations under this Agreement;
Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

6

³Performance Indicator´PHDQVDPHDVXUe of HSP performance for which a
Performance Target is set; technical specifications of specific Performance Indicators
can be found in the MSAA Indicator Technical Specifications document;³Performance Standard´PHDQVWKHDFFHSWDEOHUDQJHRISHUIRUPDQce for a
Performance Indicator or a Service Volume that results when a Performance Corridor isapplied to a Performance Target;³Performance Target´PHDQVWKHOHYHORISHUIRUPDQFHH[SHFWHGRIWKH+63LQUHVSHFWRI
a Performance Indicator or a Service Volume;³person or entity´LQFOXGHVDQ\LQGLYLGXDODQGDQ\FRUSRUDWLRQSDUWQHUVKLSILUPMRLQW
venture or other single or collective form of organization under which business may be
conducted;³Planning Submission´RU³CAPS´RU³Community Accountability Planning
Submission´PHDQVWKH+63%RDUGDSSURYHGSODQQLQJGRFXPHQWVXEPLWWHGE\WKH+63
to the Funder. The form, content and scheduling of the Planning Submission will beidentified by the Funder;³Program Parameter´PHDQVLQUHVSHFWRIDSURJUDPWKHSURvincial standards (such as
operational, financial or service standards and policies, operating manuals and program
eligibility), directives, guidelines and expectations and requirements for that program;³Project Funding Agreement´PHDQVDQDJUHHPHQWLQ the form of Schedule E thatincorporates the terms of this Agreement and enables the Funder to provide one-time or
short term funding for a specific project or service that is not already described in the
Schedules;³Reports´PHDQVWKHUHSRUWVGHVFULEHGLQ6FKHGXOH%DVZHOODVDQ\RWKHUUHSRUWVRU
information required to be provided under the Enabling Legislation or this Agreement;³Review´PHDQVDILQDQFLDORURSHUDWLRQDODXGLWLQYHVWLJDWLRQLQVSHFWLRQRURWKHUIRUP
of review requested or required by the Funder under the terms of the Enabling/HJLVODWLRQRUWKLV$JUHHPHQWEXWGRHVQRWLQFOXGHWKHDQQXDODXGLWRIWKH+63¶V financial
statements;³Schedule´PHDQVDQ\RQHDQG³6FKHGXOHV´PHDQDQ\WZRRUPRUe, as the context
requires, of the schedules appended to this Agreement including the following:
Schedule A: Total Funder Funding;
Schedule B: Reports;
Schedule C: Directives, Guidelines & Policies;
Schedule D: Performance;
Schedule E: Project Funding Agreement Template;
Schedule F: Declaration of Compliance/Declaration of Compliance for Municipalities; andMulti-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

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Schedule G: Home and Community Care Services Terms and Conditions.
³Service Plan´PHDQVWKH2SHUDWLQJ3ODQDQG%XGJHWDSSHQGHGDV6FKHGXOHV$DQG
D2a of Schedule D;³Services´PHDQVWKHFDUHSURJUDPVJRRGVDQGRWKHUVHUYLFHVGHVFULEHGE\UHIHUHQFH
to the Ontario Healthcare Reporting Standards functional centres in Schedule D2a ofSchedule D, and in any Project Funding Agreement executed pursuant to thisAgreement, and includes the type, volume, frequency and availability of the care,programs, goods and other services;³Service Volume´PHDQVDPHDVXUHRI6HUYLFHVIRUZKLFKD Performance Target is set;and
³Transition Plan´PHDQVDWUDQVLWLRQSODQDFFHSWDEOHWRWKH)XQGHUWKDWLQGLFDWHVKRZWKH
QHHGVRIWKH+63¶VFOLHQWVZLOOEHPHWIROORZLQJWKHWHUPLQDWLRQRIWKLV$JUHHPHQWDQGKRZ
the transition of the clients to new service providers will be effected in a timely manner.
1.2

Interpretation. Words in the singular include the plural and vice-versa. Words in one
JHQGHULQFOXGHDOOJHQGHUV7KHZRUGV³LQFOXGLQJ´DQG³LQFOXGHV´DUHQRWLQWHQGHGWREH
OLPLWLQJDQGVKDOOPHDQ³LQFOXGLQJZLWKRXWOLPLWDWLRQ´RU³LQFOXGHVZLWKRXWOLPLWDWLRQ´DVWKH
case may be. The headings do not form part of this Agreement. They are for convenienceof reference only and will not affect the interpretation of this Agreement. Terms used in the
Schedules shall have the meanings set out in this Agreement unless separately andspecifically defined in a Schedule in which case the definition in the Schedule shall govern
for the purposes of that Schedule.

1.3

MSAA Indicator Technical Specification Document. This Agreement shall beinterpreted with reference to the MSAA Indicator Technical Specifications document.
ARTICLE 2 - TERM AND NATURE OFTHIS AGREEMENT

2.1

Term. The term of this Agreement will commence on the Effective Date and will expire on
March 31, 2024 unless terminated earlier or extended pursuant to its terms.

2.2

Service Accountability Agreement. This Agreement is a service accountability
agreement for the purposes of the Enabling Legislation.
ARTICLE 3- PROVISION OF SERVICES

3.1

Provision of Services.
(a)

The HSP will provide the Services in accordance with, and otherwise
comply with:the terms of this Agreement, including the Service Plan;

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 20248

Applicable Law; andApplicable Policy.

3.2

(b)

When providing the Services, the HSP will meet the PerformanceStandards and conditions identified in Schedule D and any applicable
Project Funding Agreements.

(c)

Unless otherwise provided in this Agreement, the HSP will not reduce, stop,
start, expand, cease to provide or transfer the provision of the Services orchange its Service Plan except with Notice to the Funder, and if required by
Applicable Law or Applicable Policy, the prior written consent of the Funder.

(d)

The HSP will not restrict or refuse the provision of Services to an individual,
directly or indirectly, based on the geographic area in which the person
resides in Ontario.

(e)

The HSP will not withdraw any Services from a patient with complex needs
who continues to require those Services, unless prior to discharging thatpatient from the Services, the HSP has made alternate arrangements forequivalent services to be delivered to that patient. Notwithstanding theforegoing, the HSP may discharge a patient with complex needs who
continues to require Services if there is a significant risk that an individual
providing Services to the patient will suffer serious physical harm and the
HSP cannot reasonably reduce the risk so that it is no longer significant,provided that (i) prior to discharge the HSP uses reasonable efforts to makealternate arrangements for the patient, (ii) discharging the patient does not
FRQIOLFWZLWKWKH+63¶VREOLJDWLRQVXQGHU$SSOLFDEOH/DZDQG LLL ZKHQ
discharging the patient and terminating Services the HSP complies with its
obligations under Applicable Law.

Subcontracting for the Provision of Services.
(a)

The parties acknowledge that, subject to the provisions of the Enabling
Legislation, the HSP may subcontract the provision of some or all of theServices. For the purposes of this Agreement, actions taken or not takenby the subcontractor, and Services provided by the subcontractor, will bedeemed actions taken or not taken by the HSP, and Services provided by
the HSP.

(b)

When entering into a subcontract the HSP agrees that the terms of thesubcontract will enable the HSP to meet its obligations under thisAgreement. Without limiting the foregoing, the HSP will include a provisionthat permits the Funder or its authorized representatives, to audit thesubcontractor in respect of the subcontract if the Funder or its authorized
representatives determines that such an audit would be necessary toconfirm that the HSP has complied with the terms of this Agreement.

(c)Nothing contained in this Agreement or a subcontract will create acontractual relationship between any subcontractor or its directors, officers,
employees, agents, partners, affiliates or volunteers and the Funder.

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(d)

When entering into a subcontract, the HSP agrees that the terms of thesubcontract will enable the HSP to meet its obligations under the FLSA.

3.3

Conflict of Interest. The HSP will use the Funding, provide the Services and otherwise
fulfil its obligations under this Agreement, without an actual, potential or perceived Conflictof Interest. The HSP will disclose to the Funder without delay any situation that areasonable person would interpret as an actual, potential or perceived Conflict of Interest
and comply with any requirements prescribed by the Funder to resolve any Conflict ofInterest.

3.4

Digital Health. The HSP shall make best efforts to:
DOLJQZLWKDQGSDUWLFLSDWHLQWKH)XQGHU¶VGLJital health planning, with the aim to improvedata exchange and security, and use digital health to enable optimized patient experience,
population health and wellbeing, and system sustainability;
assist the Funder to implement the provincial digital health plans by designing andmodernizing digital health assets to optimize data sharing, exchange, privacy and security;
track the HSP¶V'LJLWDO+HDOWKSHUIRUPDQFHDJDLQVWWKH)XQGHU¶VSODQVDQGpriorities;
engage with the Funder to maintain and enhance digital health assets to ensure service
resilience, interoperability, security, and comply with any clinical, technical, and information
management standards, including those related to data, architecture, technology, privacy
and security, set for the HSP by the Funder and/or the Ministry; andoperate an information security program in alignment with reasonable guidance provided
by Ontario Health.

3.5

French Language Services.
3.5.1 7KH)XQGHUZLOOSURYLGHWKH0LQLVWU\³*XLGHWR5equirements and Obligations
5HODWLQJWR)UHQFK/DQJXDJH6HUYLFHV´WRWKH+63DQGWKH+63ZLOOIXOILOOLWVUROHV
responsibilities and other obligations set out therein.
3.5.2 If Not Identified or Designated. If the HSP has not been Designated or Identified
it will:(a) develop and implement a plan to address the needs of the local Francophone
community, including the provision of information on services available in French;(b) work towards applying the principles of Active Offer in the provision of services;(c) provide a report to the Funder that outlines how the HSP addresses the needs of
its local Francophone community; and(d) collect and submit to the Funder as requested by the Funder from time to time,
French language service data.
3.5.3

If Identified. If the HSP is Identified it will:(a) work towards applying the principles of Active Offer in the provision of services;
Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 202410

(b) provide services to the public in French in accordance with its existing Frenchlanguage services capacity;(c) develop, and provide to the Funder upon request from time to time, a plan to
become Designated by the date agreed to by the HSP and the Funder;(d) continuously work towards improving its capacity to provide services in French
and toward becoming Designated within the time frame agreed to by the parties;(e) provide a report to the Funder that outlines progress in its capacity to provide
services in French and toward becoming Designated;(f) annually, provide a report to the Funder that outlines how it addresses the needsof its local Francophone community; and(g) collect and submit to the Funder, as requested by the Funder from time to time,
French language services data.
3.5.4 If Designated. If the HSP is Designated it will:(a) apply the principles of Active Offer in the provision of services;(b) continue to provide services to the public in French in accordance with theprovisions of the FLSA;(c) maintain its French language services capacity;(d) submit a French language implementation report to the Funder on the datespecified by the Funder, and thereafter, on each anniversary of that date, or onsuch other dates as the Funder may, by Notice, require; and(e) collect and submit to the Funder as requested by the Funder from time to time,
French language services data.
3.6

Mandate Letter language. The Funder will receive a Mandate Letter from the Ministry
annually. Each Mandate Letter articulates areas of focus for the Funder, and the
0LQLVWU\¶VH[SHFWDWLRQWKDWWKH)XQGHUDQGKHDOWKVHUYLFHSURYLGHUVLWIXQGVZLOOFROODERUDWH
to advance these areas of focus. To assist the HSP in its collaborative efforts with theFunder, the Funder will share each relevant Mandate Letter with the HSP. The Funder
may also add local obligations to Schedule D as appropriate to further advance any
priorities set put in a Mandate Letter.

3.7

Policies, Guidelines, Directives and Standards. Either the Funder or the Ministry will
give the HSP Notice of any amendments to the manuals, guidelines or policies identified in
Schedule C. An amendment will be effective in accordance with the terms of theamendment. By signing a copy of this Agreement the HSP acknowledges that it has a
copy of the documents identified in Schedule C.
ARTICLE 4 - FUNDING

4.1

Funding. Subject to the terms of this Agreement, and in accordance with the applicableprovisions of the Accountability Agreement, the Funder:(a)will provide the funds identified in Schedule A to the HSP for the purpose ofproviding or ensuring the provision of the Services; and(b)will deposit the funds in regular instalments, once or twice monthly, over theterm of this Agreement, into an account designated by the HSP provided

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

11

that the account resides at a Canadian financial institution and is in thename of the HSP.
4.2

Limitation on Payment of Funding. Despite section 4.1, the Funder:(a)will not provide any funds to the HSP until this Agreement is fully executed;(b)

may pro-rate the funds identified in Schedule A to the date on which thisAgreement is signed, if that date is after April 1;(c)will not provide any funds to the HSP until the HSP meets the insurance
requirements described in section 10.4;(d)will not be required to continue to provide funds in the event the HSP
breaches any of its obligations under this Agreement, until the breach is
UHPHGLHGWRWKH)XQGHU¶VVDWLVIDFWLRQDQG

(e)upon Notice to the HSP, may adjust the amount of funds it provides to the+63LQDQ\)XQGLQJ<HDUEDVHGXSRQWKH)XQGHU¶VDVVHVVPHQWRIWKH
information contained in the Reports.

4.3

Appropriation. Funding under this Agreement is conditional upon an appropriation ofmoneys by the Legislature of Ontario to the Ministry and funding of the Funder by the
Ministry pursuant to the Enabling Legislation. If the Funder does not receive its
anticipated funding the Funder will not be obligated to make the payments required by thisAgreement.

4.4

Additional Funding.
(a)Unless the Funder has agreed to do so in writing, the Funder is not required
to provide additional funds to the HSP for providing additional Services orfor exceeding the requirements of Schedule D.

(b)

The HSP may request additional funding by submitting a proposal to amend
its Service Plan. The HSP will abide by all decisions of the Funder withrespect to a proposal to amend the Service Plan and will make whateverchanges are requested or approved by the Funder. The Service Plan willbe amended to include any approved additional funding.

(c)

Funding Increases. Before the Funder can make an allocation of
additional funds to the HSP, the parties will:(1) agree on the amount of the increase;(2) agree on any terms and conditions that will apply to the increase; and(3) execute an amendment to this Agreement that reflects the agreement
reached.

4.5

Conditions of Funding.
(a)

The HSP will:
fulfill all obligations in this Agreement;

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

12

use the Funding only for the purpose of providing the Services inaccordance with Applicable Law, Applicable Policy and the terms of thisAgreement;
spend the Funding only in accordance with the Service Plan; andplan for and achieve an Annual Balanced Budget.

4.6

(b)

The Funder may add such additional terms or conditions on the use of theFunding which it considers appropriate for the proper expenditure andmanagement of the Funding.

(c)

All Funding is subject to all Applicable Law and Applicable Policy.

Interest.
(a)

If the Funder provides the Funding to the HSP prior to the HSP¶VLPPHGLDWH
need for the Funding, the HSP shall place the Funding in an interest
bearing account in the name of the HSP at a Canadian financial institution.

(b)Interest Income must be used, within the fiscal year in which it is received,
to provide the Services.

(c)Interest Income will be reported to the Funder and is subject to year-end
reconciliation. In the event that some or all of the Interest Income is not
used to provide the Services, the Funder may take one or more of thefollowing actions:
the Funder may deduct the amount equal to the unused Interest Income
from any further Funding instalments under this or any other agreementwith the HSP;
the Funder may require the HSP to pay an amount equal to the unused
Interest Income to the Ministry of Finance.

4.7

Rebates, Credits and Refunds. The HSP:(a)acknowledges that rebates, credits and refunds it anticipates receiving fromthe use of the Funding have been incorporated in its Budget;(b)agrees that it will advise the Funder if it receives any unanticipated rebates,
credits and refunds from the use of the Funding, or from the use of funding
received from either the Funder or the Ministry in years prior to thisAgreement that was not recorded in the year of the related expenditure;
and

(c)

agrees that all rebates, credits and refunds referred to in (b) will beconsidered Funding in the year that the rebates, credits and refunds arereceived, regardless of the year to which the rebates, credits and refunds
relate.

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

13

4.8

4.9

Procurement of Goods and Services.
(a)

If the HSP is subject to the procurement provisions of the BPSAA, the HSP
will abide by all directives and guidelines issued by the Management Boardof Cabinet that are applicable to the HSP pursuant to the BPSAA.

(b)

If the HSP is not subject to the procurement provisions of the BPSAA, the
HSP will have a procurement policy in place that requires the acquisition of
supplies, equipment or services valued at over $25,000 through acompetitive process that ensures the best value for funds expended. If the
HSP acquires supplies, equipment or services with the Funding it will do sothrough a process that is consistent with this policy.

Disposition7KH+63ZLOOQRWZLWKRXWWKH)XQGHU¶VSULRUZULWWHQFRQVHQWVHOOOHDVHRU
otherwise dispose of any assets purchased with Funding, the cost of which exceeded$25,000 at the time of purchase.
ARTICLE 5 ± REPAYMENT AND RECOVERY OF FUNDING

5.1

Repayment and Recovery.
(a)

At the End of a Funding Year. If, in any Funding Year, the HSP has not
spent all of the Funding the Funder will require the repayment of theunspent Funding.

(b)

On Termination or Expiration of this Agreement. Upon termination or
expiry of this Agreement and subject to section 11.4, the Funder will require
the repayment of any Funding remaining in the possession or under thecontrol of the HSP and the payment of an amount equal to any Funding the
HSP used for purposes not permitted by this Agreement. The Funder will
act reasonably and will consider the impact, if any, that a recovery of)XQGLQJZLOOKDYHRQWKH+63¶VDELOLW\WRPHHWLWVREOLJDWLRQVXQGHUWKLVAgreement.

(c)

On Reconciliation and Settlement. If the year-end reconciliation andsettlement process demonstrates that the HSP received Funding in excess
of its confirmed funds, the Funder will require the repayment of the excess
Funding.

(d)

As a Result of Performance Management or System Planning. If
Services are adjusted, as a result of the performance management or
system planning processes, the Funder may take one or more of thefollowing actions:adjust the Funding to be paid under Schedule A,
require the repayment of excess Funding;adjust the amount of any future funding installments accordingly.

(e)

In the Event of Forecasted Surpluses. If the HSP is forecasting asurplus, the Funder may take one or more of the following actions:

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 202414

adjust the amount of Funding to be paid under Schedule A,
require the repayment of excess Funding;adjust the amount of any future funding installments accordingly.
(f)

On the Request of the Funder. The HSP will, at the request of theFunder, repay the whole or any part of the Funding, or an amount equal
thereto if the HSP:
has provided false information to the Funder knowing it to be false;
breaches a term or condition of this Agreement and does not, within 30
Days after receiving Notice from the Funder take reasonable steps toremedy the breach; orbreaches any Applicable Law that directly relates to the provision of, or
ensuring the provision of, the Services.

(g)

Sections 5.1(c) and (d) do not apply to Funding already expended properlyin accordance with this Agreement. The Funder will, at its sole discretion,
and without liability or penalty, determine whether the Funding has been
expended properly in accordance with this Agreement.

5.2

Provision for the Recovery of Funding. The HSP will make reasonable and prudent
provision for the recovery by the Funder of any Funding for which the conditions ofFunding set out in section 4.5 are not met and will hold this Funding in accordance withthe provisions of section 4.6 until such time as reconciliation and settlement has occurredwith the Funder. Interest earned on Funding will be reported and recovered in accordancewith section 4.6.

5.3

Process for Recovery of Funding. If the Funder, acting reasonably, determines that a
UHFRYHU\RI)XQGLQJXQGHUVHFWLRQLVDSSURSULDWHWKHQWKH)XQGHUZLOOJLYH'D\V¶
Notice to the HSP.
The Notice will describe:
the amount of the proposed recovery;
the term of the recovery, if not permanent;
the proposed timing of the recovery;
the reasons for the recovery; andWKHDPHQGPHQWVLIDQ\WKDWWKH)XQGHUSURSRVHVEHPDGHWRWKH+63¶V
obligations under this Agreement.
Where the HSP disputes any matter set out in the Notice, the parties will discuss thecircumstances that resulted in the Notice and the HSP may make representations to theFunder about the matters set out in the Notice within 14 Days of receiving the Notice.
The Funder will consider the representations made by the HSP and will advise the HSP
of its decision. Funding recoveries, if any, will occur in accordance with the timing set out

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

15

LQWKH)XQGHU¶VGHFLVLRQ1RUHFRYHU\Rf Funding will be implemented earlier than 30
Days after the delivery of the Notice.
(a)Settlement and Recovery of Funding for Prior Years.
(1) The HSP acknowledges that settlement and recovery of Funding canoccur up to 7 years after the provision of Funding.

(b)

5.4

5.5

Recognizing the transition of responsibilities from the Ministry to theFunder, the HSP agrees that if the parties are directed in writing to do so by
the Ministry, the Funder will settle and recover funding provided by the
Ministry to the HSP prior to the transition of the Funding for the Services to
the Funder, provided that such settlement and recovery occurs within 7
years of the provision of the funding by the Ministry. All such settlements
and recoveries will be subject to the terms applicable to the original
provision of Funding.

Debt Due.

a)

If the Funder requires the re-payment by the HSP of any Funding, theamount required will be deemed to be a debt owing to the Crown by the
HSP. The Funder may adjust future funding instalments to recover theamounts owed or may, at its discretion direct the HSP to pay the amountowing to the Crown and the HSP shall comply immediately with any suchdirection.

b)

All amounts repayable to the Crown will be paid by cheque payable to the³2QWDULR0LQLVWHURI)LQDQFH´DQGPDLOHGRUGHOLYHUHGWRWKH)XQGHUDWWKH
address provided in section 12.1.

Interest Rate. The Funder may charge the HSP interest on any amount owing by the
HSP at the then current interest rate charged by the Province of Ontario on accounts
receivable.
ARTICLE 6 - PLANNING & INTEGRATION

6.1

Planning for Future Years.
(a)Advance Notice7KH)XQGHUZLOOJLYHDWOHDVW'D\V¶1RWLFHWRWKH+63
of the date by which a CAPS must be submitted to the Funder.

(b)Multi-Year Planning. The CAPS will be in a form acceptable to the Funderand may be required to incorporate:(1) prudent multi-year financial forecasts;(2) plans for the achievement of Performance Targets; and(3) realistic risk management strategies.

If the Funder has provided multi-year planning targets for the HSP, the CAPS willreflect the planning targets.

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

16

(c)

Multi-year Planning Targets. Schedule A may reflect an allocation for the
first Funding Year of this Agreement as well as planning targets for up to
two additional years, consistent with the term of this Agreement. In such an
event,
the HSP acknowledges that if it is provided with planning targets, thesetargets:a. are targets only,b. are provided solely for the purposes of planning,c. are subject to confirmation, andd. may be changed at the discretion of the Funder in consultation with the
HSP.
The HSP will proactively manage the risks associated with multi-yearplanning and the potential changes to the planning targets; andthe Funder agrees that it will communicate any changes to the planningtargets as soon as reasonably possible.

(d)

6.2

6.3

Service Accountability Agreements. The HSP acknowledges that if theFunder and the HSP enter into negotiations for a subsequent service
accountability agreement, subsequent funding may be interrupted if thenext service accountability agreement is not executed on or before theexpiration date of this Agreement.

Community Engagement & Integration Activities.
(a)Community Engagement. The HSP will engage the community of diverse
persons and entities in the area where it provides health services whensetting priorities for the delivery of health services and when developing
plans for submission to the Funder including but not limited to CAPS andintegration proposals. As part of its community engagement activities, theHSPs will have in place and utilize effective mechanisms for engaging
families, caregivers, clients, residents, patients and other individuals who
use the services of the HSP, to help inform the HSP plans.

(b)Integration. The HSP will, separately and in conjunction with the Funder,other health service providers, if applicable, and integrated care delivery
systems, if applicable, identify opportunities to integrate the services of thehealth system to provide appropriate, coordinated, effective and efficient
services.

(c)Reporting. The HSP will report on its community engagement andintegration activities, using any templates provided by the Funder, as
requested by the Funder and in any event, in its year-end report to theFunder.

Planning and Integration Activity Pre-proposals.
(a)General. A pre-proposal process has been developed to: (A) reduce thecosts incurred by an HSP when proposing operational or service changes;

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 202417

(B) assist the HSP to carry out its statutory obligations; and (C) enable aneffective and efficient response by the Funder. Subject to specific direction
from the Funder, this pre-proposal process will be used in the following
instances:the HSP is considering an integration or an integration of services, as
defined in the Enabling Legislation between the HSP and anotherperson or entity;
the HSP is proposing to reduce, stop, start, expand or transfer thelocation of services, which for certainty includes: the transfer of services
from the HSP to another person or entity anywhere; and the relocation
RUWUDQVIHURIVHUYLFHVIURPRQHRIWKH+63¶VVLWHVWRDQRWKHURIWKH
+63¶VVLWHVDQ\ZKHUH
to identify opportunities to integrate the services of the health system,other than those identified in (A) or (B) above; or
if requested by the Funder.
(b)

6.4

Funder Evaluation of the Pre-proposal. Use of the pre-proposal process
is not formal Notice of a proposed integration under the Enabling
Legislation. Funder consent to develop the project concept outlined in a
pre-proposal does not constitute approval to proceed with the project. Nordoes the Funder consent to develop a project concept presume theissuance of a favourable decision, should such a decision be required by
WKH(QDEOLQJ/HJLVODWLRQ)ROORZLQJWKH)XQGHU¶VUHYLHZDQGHYDOXDWLRQWKH
HSP may be invited to submit a detailed proposal and a business plan forfurther analysis. Guidelines for the development of a detailed proposal andbusiness case will be provided by the Funder.

Proposing Integration Activities in the Planning Submission. No integration activity
described in section 6.3 may be proposed in a CAPS unless the Funder has consented, in
writing, to its inclusion pursuant to the process set out in section 6.3(b).
ARTICLE 7 - PERFORMANCE

7.1

Performance. The parties will strive to achieve on-going performance improvement. They
will address performance improvement in a proactive, collaborative and responsive
manner.

7.2

Performance Factors.
(a)Each party will notify the other party of the existence of a Performance
Factor, as soon as reasonably possible after the party becomes aware of
the Performance Factor. The Notice will:
describe the Performance Factor and its actual or anticipated impact;
include a description of any action the party is undertaking, or plans toundertake, to remedy or mitigate the Performance Factor;

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 202418

indicate whether the party is requesting a meeting to discuss the
Performance Factor; andaddress any other issue or matter the party wishes to raise with theother party.

7.3

7.4

(b)

The recipient party will provide a written acknowledgment of receipt of the
Notice within 7 Days of the GDWHRQZKLFKWKH1RWLFHZDVUHFHLYHG ³'DWHRI
WKH1RWLFH´ (c)Where a meeting has been requested under paragraph 7.2(a)(3), theparties agree to meet and discuss the Performance Factors within 14 Daysof the Date of the Notice, in accordance with the provisions of section 7.3.

Performance Meetings. During a meeting on performance, the parties will:(a)discuss the causes of a Performance Factor;(b)discuss the impact of a Performance Factor on the health system and therisk resulting from non-performance; and(c)determine the steps to be taken to remedy or mitigate the impact of the
3HUIRUPDQFH)DFWRU WKH³3HUIRUPDQFH,PSURYHPHQW3URFHVV´ 

The Performance Improvement Process.
(a)

The Performance Improvement Process will focus on the risks of nonperformance and problem-solving. It may include one or more of thefollowing actions:a requirement that the HSP develop and implement an improvement
plan that is acceptable to the Funder;
the conduct of a Review;
DQDPHQGPHQWRIWKH+63¶VREOLJDWLRQV
an in-year, or year-end, adjustment to the Funding,among other possible means of responding to the Performance Factor or
improving performance.
(b)

7.5

Any performance improvement process begun under a prior service
accountability agreement that was not completed under the prior agreement
will continue under this Agreement. Any performance improvement
required by a Funder under a prior service accountability agreement will bedeemed to be a requirement of this Agreement until fulfilled or waived by
the Funder.

Factors BH\RQGWKH+63¶V&RQWURO. Despite the foregoing, if the Funder, acting
reasonably, determines that the Performance Factor is, in whole or in part, a Factor%H\RQGWKH+63¶V&RQWURO(a)the Funder will collaborate with the HSP to develop and implement a
mutually agreed upon joint response plan which may include an
DPHQGPHQWRIWKH+63¶VREOLJDWLRQVXQGHUWKLV$JUHHPHQW

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

19

(b)

the Funder will not require the HSP to prepare an Improvement Plan; and(c)the failure to meet an obligation under this Agreement will not be
considered a breach of this Agreement to the extent that failure is caused
E\D)DFWRU%H\RQGWKH+63¶V&RQWUROARTICLE 8 ± REPORTING, ACCOUNTING AND REVIEW
8.1

Reporting.
(a)

Generally. 7KH)XQGHU¶VDELOLW\WRHQDEOHWKHKHDOWKV\VWHPWRSURYLGH
appropriate, co-ordinated, effective and efficient health services, is heavily
dependent on the timely collection and analysis of accurate information.
The HSP acknowledges that the timely provision of accurate information
related to the HSP, and its performance of its obligations under this$JUHHPHQWLVXQGHUWKH+63¶VFRQWURO(b)

Specific Obligations. The HSP:
will provide to the Funder, or to such other entity as the Funder may
direct, in the form and within the time specified by the Funder, theReports, other than personal health information as defined in the
Enabling Legislation, that the Funder requires for the purposes of
exercising its powers and duties under this Agreement, the
Accountability Agreement, the Enabling Legislation or for the purposesthat are prescribed under any Applicable Law;
will fulfil the specific reporting requirements set out in Schedule B;
will ensure that every Report is complete, accurate, signed on behalf of
the HSP by an authorized signing officer where required and provided ina timely manner and in a form satisfactory to the Funder;
agrees that every Report submitted to the Funder by or on behalf of the
HSP, will be deemed to have been authorized by the HSP for
submission.

For certainty, nothing in this section 8.1 or in this Agreement restricts or otherwise
OLPLWVWKH)XQGHU¶VULJKWWRDFFHVVRUWRUHTXLUHDFFHVVWRSHUVRQDOKHDOWK
information as defined in the Enabling Legislation, in accordance with Applicable
Law for purSRVHVRIFDUU\LQJRXWWKH)XQGHU¶VVWDWXWRU\REMHFWVWRDFKLHYHWKH
purposes of the Enabling Legislation.
(c)French Language Services. If the HSP is required to provide services tothe public in French under the provisions of the FLSA, the HSP will be
required to submit a French language services report to the Funder. If the
HSP is not required to provide services to the public in French under theprovisions of the FLSA, it will be required to provide a report to the Funderthat outlines how the HSP addresses the needs of its local Francophone
community.

(d)
CEO Changes. The HSP will immediately notify the Funder if it
DZDUHWKDWWKH+63¶V&(2ZLOOGHSDUWWKHRUJDQL]DWLRQ
Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

becomes20

(e)Declaration of Compliance:LWKLQ'D\VRIWKH+63¶VILVFDO\HDU-end,
the Board will issue a Compliance Declaration declaring that the HSP has
complied with the terms of this Agreement. The form of the declaration isset out in Schedule F and may be amended by the Funder from time to timethrough the term of this Agreement.

(f)Financial Reductions. Notwithstanding any other provision of thisAgreement, and at the discretion of the Funder, the HSP may be subject toa financial reduction in any of the following circumstances:
its CAPS is received after the due date;
its CAPS is incomplete;
the quarterly performance reports are not provided when due; or
financial or clinical data requirements are late, incomplete or inaccurate,

where the errors or delay were not as a result of Funder actions or inaction or theactions or inactions of persons acting on behalf of the Funder. If assessed, thefinancial reduction will be as follows:
if received within 7 Days after the due date, incomplete or inaccurate,
the financial penalty will be the greater of (1) a reduction of 0.02 percent(0.02%) of the Funding; or (2) two hundred and fifty dollars ($250.00);
andfor every full or partial week of non-compliance thereafter, the rate will
be one half of the initial reduction.
8.2

Reviews.
(a)During the term of this Agreement and for 7 years after the term of thisAgreement, the HSP agrees that the Funder or its authorized
UHSUHVHQWDWLYHVPD\FRQGXFWD5HYLHZRIWKH+63WRFRQILUPWKH+63¶V
fulfillment of its obligations under this Agreement. For these purposes theFunder or its authorized reSUHVHQWDWLYHVPD\XSRQKRXUV¶1RWLFHWRWKH
+63DQGGXULQJQRUPDOEXVLQHVVKRXUVHQWHUWKH+63¶VSUHPLVHVWR
inspect and copy any financial records, invoices and other financerelated documents, other than personal health information as defined in
the Enabling Legislation, in the possession or under the control of the
HSP which relate to the Funding or otherwise to the Services; andinspect and copy non-financial records, other than personal healthinformation as defined in the Enabling Legislation, in the possession orunder the control of the HSP which relate to the Funding, the Services
or otherwise to the performance of the HSP under this Agreement.

(b)

The cost of any Review will be borne by the HSP if the Review: (1) was
made necessary because the HSP did not comply with a requirement under
the Enabling Legislation or this Agreement; or (2) indicates that the HSP
has not fulfilled its obligations under this Agreement, including its
obligations under Applicable Law and Applicable Policy.

(c)

To assist in respect of the rights set out in (a) above, the HSP shall disclose
any information requested by the Funder or its authorized representatives

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

21

and shall do so in a form requested by the Funder or its authorized
representatives.
(d)

8.3

8.4

8.5

The HSP may not commence a proceeding for damages or otherwise
against any person with respect to any act done or omitted to be done, any
conclusion reached or report submitted that is done in good faith in respectof a Review.

Document Retention and Record Maintenance. The HSP will(a)

UHWDLQDOOUHFRUGV DVWKDWWHUPLVGHILQHGLQ),33$ UHODWHGWRWKH+63¶V
performance of its obligations under this Agreement for 7 years after thetermination or expiration of the term of this Agreement;(b)keep all financial records, invoices and other finance-related documents
relating to the Funding or otherwise to the Services in a manner consistent
with either generally accepted accounting principles or international
ILQDQFLDOUHSRUWLQJVWDQGDUGVDVDGYLVHGE\WKH+63¶VDXGLWRUDQG

(c)keep all non-financial documents and records relating to the Funding orotherwise to the Services in a manner consistent with all Applicable Law.

Disclosure of Information.
(a)

FIPPA. The HSP acknowledges that the Funder is bound by FIPPA andthat any information provided to the Funder in connection with thisAgreement may be subject to disclosure in accordance with FIPPA.

(b)

Confidential Information. The parties will treat Confidential Information as
confidential and will not disclose Confidential Information except with theconsent of the disclosing party or as permitted or required under FIPPA or
the Personal Health Information Protection Act, 2004, the Enabling
Legislation, court order, subpoena or other Applicable Law.
Notwithstanding the foregoing, the Funder may disclose information that itcollects under this Agreement in accordance with the Enabling Legislation.

Transparency. The HSP will post a copy of this Agreement and each ComplianceDeclaration submitted to the Funder during the term of this Agreement in a conspicuous

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

22and easily accessible public place at its sites of operations to which this Agreement
applies and on its public website, if the HSP operates a public website.
8.6

Auditor General)RUJUHDWHUFHUWDLQW\WKH)XQGHU¶VULJKWVXQGHUWKLVDUWLFOHDUHLQ
addition to any rights provided to the Auditor General under the Auditor General Act(Ontario).
ARTICLE 9- REPRESENTATIONS, WARRANTIES AND COVENANTS

9.1

9.2

9.3

General. The HSP represents, warrants and covenants that:(a)it is, and will continue for the term of this Agreement to be, a validly existing
legal entity with full power to fulfill its obligations under this Agreement;(b)it has the experience and expertise necessary to carry out the Services;(c)

it holds all permits, licenses, consents, intellectual property rights andauthorities necessary to perform its obligations under this Agreement;(d)

all information (including information relating to any eligibility requirements
for Funding) that the HSP provided to the Funder in support of its request
for Funding was true and complete at the time the HSP provided it, and will,
subject to the provision of Notice otherwise, continue to be true andcomplete for the term of this Agreement; and(e)it does, and will continue for the term of this Agreement to, operate incompliance with all Applicable Law and Applicable Policy, including
observing where applicable, the requirements of the Corporations Act or
successor legislation and the HSP's by-laws in respect of, but not limited to,the holding of board meetings, the requirements of quorum for decisionmaking, the maintenance of minutes for all board and committee meetings
DQGWKHKROGLQJRIPHPEHUV¶PHHWLQJV

Execution of Agreement. The HSP represents and warrants that:(a)it has the full power and authority to enter into this Agreement; and(b)

it has taken all necessary actions to authorize the execution of thisAgreement.

Governance.
(a)

The HSP represents, warrants and covenants that it has established, andwill maintain for the period during which this Agreement is in effect, policies
and procedures:that set out a code of conduct for, and that identify the ethicalresponsibilities for DOOSHUVRQVDWDOOOHYHOVRIWKH+63¶VRUJDQL]DWLRQto ensure the ongoing effective functioning of the HSP;
for effective and appropriate decision-making;Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 202423

for effective and prudent risk-management, including the identificationand management of potential, actual and perceived conflicts of interest;
for the prudent and effective management of the Funding;WRPRQLWRUDQGHQVXUHWKHDFFXUDWHDQGWLPHO\IXOILOOPHQWRIWKH+63¶V
obligations under this Agreement and compliance with the Enabling
Legislation;
to enable the preparation, approval and delivery of all Reports;
to address complaints about the provision of Services, the management
or governance of the HSP; andto deal with such other matters as the HSP considers necessary toensure that the HSP carries out its obligations under this Agreement.
(b)

The HSP represents and warrants that:it has, or will have within 60 Days of the execution of this Agreement, aPerformance Agreement with its CEO that ties a reasonable portion of
WKH&(2¶VFRPSHQVDWLRQSODQ WRWKH&(2¶VSHUIRUPDQFH
it will take all reasonable care to ensure that its CEO complies with the
Performance Agreement;
LWZLOOHQIRUFHWKH+63¶VULJKWVXQGHUWKH3HUIRUPDQFH$JUHHPHQWDQG
a reasonable portion of any compensation award provided to the CEO
during the term of this Agreement will be pursuant to an evaluation of
WKH&(2¶VSHUIRUPDQFHXQGHUWKH3HUIRUPDQFH$JUHHPHQWDQGWKH
&(2¶VDFKLHYHPHQWRISHUIRUPDQFHJRDOVDQGSHUIRUPDQFH
improvement targets and in compliance with Applicable Law.

³FRPSHQVDWLRQDZDUG´IRUWKHSXUSRVHVRI6HFWLRQ9.3(b)(4) above, means all
forms of payment, benefits and perquisites paid or provided, directly or indirectly,
to or for the benefit of a CEO who performs duties and functions that entitle him or
her to be paid.
9.4

Funding, Services and Reporting. The HSP represents warrants and covenants that(a)the Funding is, and will continue to be, used only to provide the Services inaccordance with the terms of this Agreement;(b)

the Services are and will continue to be provided:by persons with the expertise, professional qualifications, licensing andskills necessary to complete their respective tasks; andin compliance with Applicable Law and Applicable Policy; and(c)every Report is accurate and in full compliance with the provisions of thisAgreement, including any particular requirements applicable to the Reportand any material change to a Report will be communicated to the Funder
immediately.

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

24

9.5

Supporting Documentation. Upon request, the HSP will provide the Funder with proof ofthe matters referred to in this Article.
ARTICLE 10 ± LIMITATION OF LIABILITY, INDEMNITY & INSURANCE

10.1

Limitation of Liability. The Indemnified Parties will not be liable to the HSP or any of the+63¶V3HUVRQQHODQG9ROXQWHHUVIRUFRVWVORVVHVFODims, liabilities and damages
howsoever caused arising out of or in any way related to the Services or otherwise inconnection with this Agreement, unless caused by the negligence or wilful act of any of theIndemnified Parties.

10.2

Ibid. For greater certainty and without limiting section 10.1, the Funder is not liable for
KRZWKH+63DQGWKH+63¶V3HUVRQQHODQG9ROXQWHHUVFDUU\RXWWKH6HUYLFHVDQGLV
therefore not responsible to the HSP for such Services. Moreover, the Funder is notcontracting with or emplR\LQJDQ\+63¶V3HUVRQQHODQG9ROXQWHHUVWRFDUU\RXWWKHWHUPV
of this Agreement. As such, it is not liable for contracting with, employing or terminating a
FRQWUDFWZLWKRUWKHHPSOR\PHQWRIDQ\+63¶V3HUVRQQHODQG9ROXQWHHUVUHTXLUHGWRFDUU\
out this Agreement, nor for the withholding, collection or payment of any taxes, premiums,
FRQWULEXWLRQVRUDQ\RWKHUUHPLWWDQFHVGXHWRJRYHUQPHQWIRUWKH+63¶V3HUVRQQHODQG
Volunteers required by the HSP to carry out this Agreement.

10.3

Indemnification. The HSP hereby agrees to indemnify and hold harmless theIndemnified Parties from and against any and all liability, loss, costs, damages andexpenses (including legal, expert and consultant costs), causes of action, actions, claims,
demands, lawsuits or other procHHGLQJV FROOHFWLYHO\WKH³&ODLPV´ E\ZKRPHYHUPDGH
sustained, brought or prosecuted (including for third party bodily injury (including death),
personal injury and property damage), in any way based upon, occasioned by or
attributable to anything done RURPLWWHGWREHGRQHE\WKH+63RUWKH+63¶V3HUVRQQHODQG9ROXQWHHUVLQWKHFRXUVHRIWKHSHUIRUPDQFHRIWKH+63¶VREOLJDWLRQVXQGHURU
otherwise in connection with, this Agreement, unless caused by the negligence or willful
misconduct of any Indemnified Parties.

10.4

Insurance.
(a)

Generally. The HSP shall protect itself from and against all Claims thatmight arise from anything done or omitted to be done by the HSP and the+63¶V3HUVRQQHODQG9ROXQWHHUVXQGHUWKLV$JUHHPHQWDQGPRUH
specifically all Claims that might arise from anything done or omitted to bedone under this Agreement where bodily injury (including personal injury),death or property damage, including loss of use of property is caused.

(b)

Required Insurance. The HSP will put into effect and maintain, withinsurers having a secure A.M. Best rating of B+ or greater, or theequivalent, all necessary and appropriate insurance that a prudent personin the business of the HSP would maintain, including, but not limited to, thefollowing at its own expense:
Commercial General Liability Insurance, for third party bodily injury,
personal injury and property damage to an inclusive limit of not lessMulti-Sector Service Accountability Agreement April 1, 2023 - March 31, 202425

than 2 million dollars per occurrence and not less than 2 million dollars
products and completed operations aggregate. The policy will include
the following clauses:
a.
b.
c.
d.
e.
f.
g.
h.

The Indemnified Parties as additional insureds;
Contractual Liability;
Cross-Liability;
Products and Completed Operations Liability;
Employers Liability and Voluntary Compensation unless the HSP
comSOLHVZLWKWKH6HFWLRQEHORZHQWLWOHG³3URRIRI:6,$
&RYHUDJH´
Tenants Legal Liability; (for premises/building leases only);
Non-Owned automobile coverage with blanket contractual
coverage for hired automobiles; andA 30-Day written notice of cancellation, termination or materialchange.

Proof of WSIA Coverage. Unless the HSP puts into effect andmaintains Employers Liability and Voluntary Compensation as set out
above, the HSP will provide the Funder with a valid Workplace Safety
and Insurance Act, 1997 ³:6,$´ &OHDUDQFH&HUWLILFDWHDQGDQ\renewal replacements, and will pay all amounts required to be paid tomaintain a valid WSIA Clearance Certificate throughout the term of thisAgreement.
All Risk Property Insurance on property of every description, for theterm, providing coverage to a limit of not less than the full replacement
cost, including earthquake and flood. All reasonable deductibles andself-insured retentions are the responsibility of the HSP.
Comprehensive Crime insurance, Disappearance, Destruction andDishonest coverage.
Errors and Omissions Liability Insurance insuring liability for errors andomissions in the provision of any professional services as part of theServices or failure to perform any such professional services, in theamount of not less than two million dollars per claim and in the annual
aggregate.
(c)

Certificates of Insurance. The HSP will provide the Funder with proof of
the insurance required by this Agreement in the form of a valid certificate of
insurance that references this Agreement and confirms the required
coverage, on or before the commencement of this Agreement, and renewal
replacements on or before the expiry of any such insurance. Upon therequest of the Funder, a copy of each insurance policy shall be madeavailable to it. The HSP shall ensure that each of its subcontractors obtains
all the necessary and appropriate insurance that a prudent person in thebusiness of the subcontractor would maintain and that the Indemnified
Parties are named as additional insureds with respect to any liability arisingin the course of performance of the subcontractor's obligations under thesubcontract.

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

26

ARTICLE 11 - TERMINATION AND EXPIRY OF AGREEMENT
11.1

Termination by the Funder.
(a)Without Cause. The Funder may terminate this Agreement at any time, for
DQ\UHDVRQXSRQJLYLQJDWOHDVW'D\V¶1RWLFHWRWKH+63(b)

Where No Appropriation. If, as provided for in section 4.3, the Funder
does not receive the necessary funding from the Ministry, the Funder may
terminate this Agreement immediately by giving Notice to the HSP.

(c)

For Cause. The Funder may terminate all or part of this Agreement
immediately upon giving Notice to the HSP if:
in the opinion of the Funder:
a.
b.
c.
d.

the HSP has knowingly provided false or misleading information
regarding its funding request or in any other communication with theFunder;the HSP breaches any material provision of this Agreement;
the HSP is unable to provide or has discontinued all or part of theServices; or
it is not reasonable for the HSP to continue to provide all or part of
the Services;

WKHQDWXUHRIWKH+63¶VEXVLQHVVRULWVFRUSRUDWHVWDWXVFKDQJHVVR
that it no longer meets the applicable eligibility requirements of the
program under which the Funder provides the Funding;the HSP makes an assignment, proposal, compromise, or arrangement
for the benefit of creditors, or is petitioned into bankruptcy, or files forthe appointment of a receiver; or
the HSP ceases to carry on business.
(d)Material Breach. A breach of a material provision of this Agreement
includes, but is not limited to:misuse of Funding;a failure or inability to provide the Services as set out in the ServicePlan;a failure to provide the Compliance Declaration;a failure to implement, or follow, a Performance Agreement, one ormore material requirements of a Performance Improvement Process orof a Transition Plan;a failure to respond to Funder requests in a timely manner;a failure to: A) advise the Funder of actual, potential or perceived
Conflict of Interest; or B) comply with any requirements prescribed by
the Funder to resolve a Conflict of Interest; anda Conflict of Interest that cannot be resolved.

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

27

(e)

11.2

Transition Plan. In the event of termination by the Funder pursuant to thissection, the Funder and the HSP will develop a Transition Plan. The HSP
agrees that it will take all actions, and provide all information, required by
WKH)XQGHUWRIDFLOLWDWHWKHWUDQVLWLRQRIWKH+63¶VFOLHQWVTermination by the HSP.
(a)

The HSP may terminate this Agreement at any time, for any reason, uponJLYLQJPRQWKV¶1RWLFH RUVXFKVKRUWHUSHULRGDVPD\EHDJUHHGE\WKH
HSP and the Funder) to the Funder provided that the Notice isaccompanied by:satisfactory evidence that the HSP has taken all necessary actions toauthorize the termination of this Agreement; anda Transition Plan, acceptable to the Funder, that indicates how the
QHHGVRIWKH+63¶VFOLHQWVZLOOEHPHWIROORZLQJWKHWHUPLQDWLRQDQGKRZ
the transition of the clients to new service providers will be effected
within the six-month Notice period.

(b)

11.3

In the event that the HSP fails to provide an acceptable Transition Plan, theFunder may reduce Funding payable to the HSP prior to termination of thisAgreement to compensate the Funder for transition costs.

Opportunity to Remedy.
(a)Opportunity to Remedy. If the Funder considers that it is appropriate toallow the HSP an opportunity to remedy a breach of this Agreement, theFunder may give the HSP an opportunity to remedy the breach by giving
the HSP Notice of the particulars of the breach and of the period of timewithin which the HSP is required to remedy the breach. The Notice will also
advise the HSP that the Funder may terminate this Agreement:at the end of the Notice period provided for in the Notice if the HSP fails
to remedy the breach within the time specified in the Notice; or
prior to the end of the Notice period provided for in the Notice if it
becomes apparent to the Funder that the HSP cannot completely
remedy the breach within that time or such further period of time as theFunder considers reasonable, or the HSP is not proceeding to remedy
the breach in a way that is satisfactory to the Funder.

(b)

Failure to Remedy. If the Funder has provided the HSP with anopportunity to remedy the breach, and:the HSP does not remedy the breach within the time period specified in
the Notice;
it becomes apparent to the Funder that the HSP cannot completely
remedy the breach within the time specified in the Notice or such further
period of time as the Funder considers reasonable; orthe HSP is not proceeding to remedy the breach in a way that is
satisfactory to the Funder,

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 202428

then the Funder may immediately terminate this Agreement by giving Notice oftermination to the HSP.
11.4

Consequences of Termination. If this Agreement is terminated pursuant to this Article,
the Funder may:(a)cancel all further Funding instalments;(b)

demand the repayment of any Funding remaining in the possession orunder the control of the HSP;(c)

WKURXJKFRQVXOWDWLRQZLWKWKH+63GHWHUPLQHWKH+63¶VUHDVRQDEOHFRVWV
to wind down the Services; and(d)permit the HSP to offset the costs determined pursuant to section (c),against the amount owing pursuant to section (b).

11.5

Effective Date. Termination under this Article will take effect as set out in the Notice.

11.6

Corrective Action. Despite its right to terminate this Agreement pursuant to this Article,
the Funder may choose not to terminate this Agreement and may take whatever corrective
action it considers necessary and appropriate, including suspending Funding for such
period as the Funder determines, to ensure the successful completion of the Services inaccordance with the terms of this Agreement.

11.7

Expiry of Agreement. If the HSP intends to allow this Agreement to expire at the end of
LWVWHUPWKH+63ZLOOSURYLGHPRQWKV¶1RWLFH RUVXFKVKRUWHUSHULRGDV may be agreed
by the HSP and the Funder) to the Funder, along with a Transition Plan, acceptable to the)XQGHUWKDWLQGLFDWHVKRZWKHQHHGVRIWKH+63¶VFOLHQWVZLOOEHPHWIROORZLQJWKHH[SLU\and how the transition of the clients to new service providers will be effected within the 6month Notice period.

11.8

Failure to Provide Notice of Expiry. ,IWKH+63IDLOVWRSURYLGHWKHUHTXLUHGPRQWKV¶
Notice that it intends to allow this Agreement to expire, or fails to provide a Transition Planalong with any such Notice, this Agreement shall automatically be extended and the HSP
will continue to provide the Services under this Agreement for so long as the Funder may
reasonably require to enable all clients of the HSP to transition to new service providers.
ARTICLE 12 - NOTICE

12.1

Notice. A Notice will be in writing; delivered personally, by pre-paid courier, by any formof mail where evidence of receipt is provided by the post office, or by facsimile withconfirmation of receipt, or by email where no delivery failure notification has been
UHFHLYHG)RUFHUWDLQW\GHOLYHU\IDLOXUHQRWLILFDWLRQLQFOXGHVDQDXWRPDWHGµRXWRIRIILFH¶
notification. A Notice will be addressed to the other party as provided below or as either
party will later designate to the other in writing:Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

29

To the Funder:
Ontario Health525 University Avenue, 5th Floor
Toronto ON, M5G 2L3
Attn: Chief Regional Officer, Toronto and East
Email: OH-East_Submissions@ontariohealth.ca
To the HSP:
Momiji Health Care Society
3555 Kingston Road, Suite 22
Scarborough, ON M1M 3W4
Attn: Executive Director
Email: ehong@momiji.on.ca
12.2

Notices Effective From. A Notice will be deemed to have been duly given 1 business
day after delivery if the Notice is delivered personally, by pre-paid courier or by mail. A
Notice that is delivered by facsimile with confirmation of receipt or by email where nodelivery failure notification has been received will be deemed to have been duly given 1
business day after the facsimile or email was sent.
ARTICLE 13 ± ADDITIONAL PROVISIONS

13.1

Interpretation. In the event of a conflict or inconsistency in any provision of thisAgreement, the main body of this Agreement will prevail over the Schedules.

13.2

Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any
provision of this Agreement will not affect the validity or enforceability of any otherprovision of this Agreement and any invalid or unenforceable provision will be deemed to
be severed.

13.3

Waiver$SDUW\PD\RQO\UHO\RQDZDLYHURIWKHSDUW\¶VIDLOXUHWRFRPSO\ZLWKDQ\WHUPRI
this Agreement if the other party has provided a written and signed Notice of waiver. Any
waiver must refer to a specific failure to comply and will not have the effect of waiving any
subsequent failures to comply.

13.4

Parties Independent. The parties are and will at all times remain independent of eachother and are not and will not represent themselves to be the agent, joint venturer, partner
or employee of the other. No representations will be made or acts taken by either party
which could establish or imply any apparent relationship of agency, joint venture,
partnership or employment and neither party will be bound in any manner whatsoever by

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 202430

any agreements, warranties or representations made by the other party to any otherperson or entity, nor with respect to any other action of the other party.
13.5

Funder is an Agent of the Crown. The parties acknowledge that the Funder is an agentof the Crown and may only act as an agent of the Crown in accordance with the provisionsof the Enabling Legislation. Notwithstanding anything else in this Agreement, any express
or implied reference to the Funder providing an indemnity or any other form ofindebtedness or contingent liability that would directly or indirectly increase theindebtedness or contingent liabilities of the Funder or of Ontario, whether at the time of
execution of this Agreement or at any time during the term of this Agreement, will be voidand of no legal effect.

13.6

Express Rights and Remedies Not Limited. The express rights and remedies of theFunder are in addition to and will not limit any other rights and remedies available to theFunder at law or in equity. For further certainty, the Funder has not waived any provisionof any applicable statute, including the Enabling Legislation, nor the right to exercise its
rights under these statutes at any time.

13.7

No Assignment. The HSP will not assign this Agreement or the Funding in whole or inpart, directly or indirectly, without the prior written consent of the Funder. No assignment
or subcontract shall relieve the HSP from its obligations under this Agreement or impose
any liability upon the Funder to any assignee or subcontractor. The Funder may assign
this Agreement or any of its rights and obligations under this Agreement to any one ormore agencies or ministries of His Majesty the King in right of Ontario and as otherwise
directed by the Ministry.

13.8

Governing Law. This Agreement and the rights, obligations and relations of the parties
hereto will be governed by and construed in accordance with the laws of the Province ofOntario and the federal laws of Canada applicable therein. Any litigation arising in

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 202431connection with this Agreement will be conducted in Ontario unless the parties agree in
writing otherwise.
13.9

Survival. The provisions in Articles 1.0, 5.0, 8.0, 9.5, 10.0, 12.0, 13.0 and 14.0 willcontinue in full force and effect for a period of seven years from the date of expiry or
termination of this Agreement.

13.10 Further Assurances. The parties agree to do or cause to be done all acts or things
necessary to implement and carry into effect this Agreement to its full extent.
13.11 Amendment of Agreement. This Agreement may only be amended by a writtenagreement duly executed by the parties.
13.12 Counterparts. This Agreement may be executed in any number of counterparts, each ofwhich will be deemed an original, but all of which together will constitute one and the same
instrument.
13.13 Insignia and Logos. The HSP shall not use any insignia or logo of His Majesty theKing in right of Ontario, including those of the Funder, unless it has received the priorwritten permission of the Funder to do so.

ARTICLE 14 - ENTIRE
14.1

Entire Agreement. This Agreement forms the entire Agreement between the parties andsupersedes all prior oral or written representations and agreements, except that where theFunder has provided Funding to the HSP pursuant to the April 1, 2019-March 31, 2022
Multi-Sector Accountability Agreement, or amendment thereto, or a prior multi-sector
accountability agreement, or amendment thereto, between the HSP and a local healthintegration network or Funder or to this Agreement, whether by Project Funding
Agreement or otherwise, and an amount of Funding for the same purpose is set out in the
Schedules, that Funding is subject to all of the terms and conditions on which funding forthat purpose was initially provided, unless those terms and conditions have beensuperseded by any terms or conditions of this Agreement or by the MSAA Indicator
Technical Specifications document, or unless they conflict with Applicable Law or
Applicable Policy.

-SIGNATURE PAGE FOLLOWS-

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

32

The parties have executed this Agreement on the dates set out below.
ONTARIO HEALTH
By:_____________________________
____
__
_____
Anna Greenberg,
Chief Regional Officer, Toronto and East

April 25, 2023_________________________________
Date

And by:JK8>bb______________________________________________________________
___
__
___
___
_ _
__
__
Eric Partington,
Date
to
on ,
Vice President, Performance, Accountability,
and Funding Allocation, Ontario Health (East)
MOMIJI HEALTH CARE SOCIETY
By:y:_________________________________ _________________
_____
____
Ann
nn Ashley
Co-Chair,o-Chair, Board of Directors
Directctoros
I have authority to bind the HSP

28 March 2023_________________________________
Date

And by:_____________________________
Jennifer Uyeno,
Co-Chair, Board of Directors
I have authority to bind the HSP

28 March 2023_________________________________
Date

And
d by:
_____________________________
__
___
_ __
__________________Ericc Hong,Hong
Executive Director
I have authority to bind the HSP

28 March 2023_________________________________
Date

Multi-Sector Service Accountability Agreement April 1, 2023 - March 31, 2024

33

Multi-Sector Service Accountability Agreements
Ontario Health - Toronto Region
Health Service Provider: Momiji Health Care Society2023-2024 Schedule A: Total Funder Funding

Ontario Health Program: Revenue & Expenses

Row #Account: Financial (F) Reference OHRSVERSION 12.0

2023-2024
Plan Target

REVENUE
Global Base Allocation
MOHLTC Base Allocation
MOHLTC Other funding envelopes
Ontario Health One Time
MOHLTC One Time
Paymaster Flow Through (Row 79)
Service Recipient Revenue

1
2
3
4
5
6
7

F 11006
F 11010F 11014F 11008 & 11009
F 11012F 11019F 11050 to 11090$1,396,257
$0
$0
$0
$0
$0
$525,000

Subtotal Revenue Ontario Health/MOHLTC
Recoveries from External/Internal Sources
Donations
Other Funding Sources & Other Revenue

8
9
10
11

$1,921,257$9,180$0$267,855

Subtotal Other Revenues
TOTAL REVENUEFUND TYPE 2
EXPENSES
Compensation
Salaries (Worked hours + Benefit hours cost) (Row 90+101)

1213

Sum of Rows 1 to 7
F 12*, [excl. F 1217*, 1219*, 122*]
F 131*, & 151*
F 130* to 190*, 110*, [excl. F 11006, 11008 to
11010, 11012, 11014, 11019, 11050 to 11090,
131*, 140*, 141*, 151*]
Sum of Rows 9 to 11
Sum of Rows 8 and 12

F 31010, 31030, 31090, 35010, 35030, 35090
F 31040 to 31085 , 35040 to 35085, 38040 to
38085, 39040 to 39085
F 305*F 39010, 39030, 39090
F 39010, 39030, 39090
F 38010, 38030, 38090
F 31010, 31030, 31090, 35010, 35030, 35090
F 31010, 31030, 31090, 35010, 35030, 35090
F 39095
F 39092$1,323,802$263,730

Benefit Contributions (Row 91+102)
Employee Future Benefit Compensation
Physician Compensation (Row 128)
Physician Assistant Compensation (Row 129)
Nurse Practitioner Compensation (Row 130)
Physiotherapist Compensation (Row 131)
Chiropractor Compensation (Row 132)All Other Medical Staff Compensation (Row 133)
Sessional Fees

14
15
16
17
18
19
20
21
22
23

$277,035$2,198,292

$0
$0
$0
$0
$0
$0
$0
$0

Service Costs
Med/Surgical Supplies & Drugs
Supplies & Sundry Expenses

24
25

Community One Time Expense
Personal Protective Equipment Expense
Equipment Expenses
Contracted Out Expense
Buildings & Grounds Expenses
TOTAL EXPENSES
FUND TYPE 2

26
27
28
29
30
31

F 460*, 465*, 560*, 565* [excl. F 46080]
F 4*, 5*, 6*, [excl. F 460*, 465*, 560*, 565*, 69596,
69571, 72000, 62800, 45100, 69700]
F 69596
F 46080
F 7*, [excl. F 750*, 780* ]F 8*
F 9*, [excl. F 950*]
Sum of Rows 14 to 30

FUND TYPE 2 - NET SURPLUS/(DEFICIT) FROM OPERATIONS
Amortization - Grants/Donations Revenue
Amortization - Major Equip, Software License & Fees
Amortization - Building

32
33
34
35

Row 13 minus Row 31
F 141*F 750* , 780*
F 950*

$0
$0
$0
$0

NET SURPLUS/(DEFICIT) Incl. Amortization
FUND TYPE 3 - OTHER
Total Revenue (Type 3)
Total Expenses (Type 3)

36

Sum of Rows 33 to 35

$0

37
38

F 1*
F 3*, F 4*, F 5*, F 6*, F 7*, F 8*, F 9*

NET SURPLUS/(DEFICIT)39

Row 37 minus Row 38

$0

40
41

F 1*
F 3*, F 4*, F 5*, F 6*, F 7*, F 8*, F 9*

$0
$0

42

Row 40 minus Row 41$0

FUND TYPE 3

FUND TYPE 1 - HOSPITAL
Total Revenue (Type 1)
Total Expenses (Type 1)
NET SURPLUS/(DEFICIT)

FUND TYPE 1$0$513,169$0$0$10,600$6,000$80,992$2,198,292$28,000$28,000

ALL FUND TYPES
Total Revenue (All Funds)
Total Expenses (All Funds)
NET SURPLUS/(DEFICIT)ALL FUND TYPES

43
44

Row 15 + Row 39 + Row 42
Row 16 + Row 40 + Row 43

45

Row 43 minus Row 44$2,226,292$2,226,292$0Multi-Sector Service Accountability Agreements
Ontario Health - Toronto Region
Health Service Provider: Momiji Health Care Society2023-2024 Schedule B: Reports - Community Support Services

Only those requirements listed below that relate to the programs and services that are funded by Ontario Health will
be applicable.
A list of reporting requirements and related submission dates is set out below. Unless otherwise indicated, the HSP is only
required to provide information that is related to the funding that is provided under this Agreement. Reports that require full
entity reporting are followed by an asterisk “*”.
When a reporting due date falls on a weekend, the report will be due on the next business day.
OHRS/MIS Trial Balance Submission (through OHFS)*
2023-242023-24 Q2
October 31, 2023
2023-24 Q3January 31, 2024
2023-24 Q4
May 31, 2024
Supplementary Reporting - Quarterly Report (through SRI)*
2023-242023-24 Q2
November 7, 2023
2023-24 Q3
February 7, 2024
2023-24 Q4June 7, 2024

Due Date (Must pass 3c Edits)

Due Date

Annual Reconciliation Report (ARR) through SRI*
Fiscal Year2023-24
June 30, 2024

Due Date

Board Approved Audited Financial Statements *Fiscal Year2023-24
June 30, 2024

Due Date

Declaration of Compliance
Fiscal Year2023-24

Due Date
June 30, 2024

Community Support Services – Other Reporting Requirements
Requirement2023-24
French Language Service Report
Community Engagement and Integration Activities Reporting
Fiscal Year2023-24
June 30, 2024

Due Date
April 29, 2024

Due Date

Multi-Sector Service Accountability Agreements
Ontario Health - Toronto Region
Health Service Provider: Momiji Health Care Society2023-2024 Schedule C: Directives, Guidelines & Policies - Community Support Services

Only those requirements listed below that relate to the programs and services that are funded by Ontario Health will beapplicable.
● 2014 Addendum to Directive to LHINs: Personal Support Services Wage Enhancement● 2015 Addendum to Directive to LHINs: Personal Support Services Wage Enhancement● 2016 Addendum to Directive to LHINs: Personal Support Services Wage Enhancement● Assisted Living Services for High Risk Seniors Policy, 2011 (ALS-HRS)● Assisted Living Services in Supportive Housing Policy and Implementation Guidelines (1994)● Attendant Outreach Service Policy Guidelines and Operational Standards (1996)● Broader Public Sector Perquisites Directive August 2011
● Broader Public Sector Procurement Directive July 2011
● Community Financial Policy, 2016
● Community Support Services Complaints Policy (2004)● Guide to Requirements and Obligations Relating to French Language Health Services, November 2017
● Guideline for Community Health Service Providers Audits and Reviews, August 2012
● Ontario Healthcare Reporting Standards – OHRS/MIS – most current version available to applicable year
● Personal Support Services Wage Enhancement Directive, 2014
● Policy Guideline for CCAC and CSS Collaborative Home and Community-Based Care Coordination, 2014
● Policy Guideline Relating to the Delivery of Personal Support Services by CCACs and CSS Agencies, 2014
● Protocol for the Approval of Agencies under the Home Care and Community Services Act, 2012
● Screening of Personal Support Workers (2003)

Multi-Sector Service Accountability Agreements
Ontario Health - Toronto Region
Health Service Provider: Momiji Health Care Society2023-2024 Schedule D1: Core Indicators
R12 title

Performance Indicators*Balanced Budget - Fund Type 2**Percentage Total Margin
Service Activity by Functional Centre (Refer to Schedule D2a)
Number of Individuals Served (By Functional Centre- Refer to Schedule D2a)

Monitoring Indicators
Variance forecast to Actual Expenditures
Variance Forecast to Actual Units of Service
Alternate Level of Care (ALC) Rate

Explanatory Indicators
Cost per Unit Service (by Functional Centre)
Cost per Individual Served (by Program/Service/Functional Centre)
Client Experience
Percentage of Alternate Level of Care (ALC) days
* Balanced Budget Fund Type 2: HSP's are required to submit a balanced budget** No negative variance is accepted for Total Margin

23-24
2023-2024
TargetPerformanceStandard

$0

>=0

0.00%

>= 0%

Multi-Sector Service Accountability Agreements
Ontario Health - Toronto Region
Health Service Provider: Momiji Health Care Society2023-2024 Schedule D2A: Clinical Activity - Detail

1

titl
e
R1

OHRS Description & Functional Centre*These values are provided for information purposes only. They are not Accountability Indicators.

2023-2024
Target2023-2024
PerformanceStandard

ACTIVITY SUMMARY

F
ull- Total Full-Time Equivalents for all F/CtiVi
sit Total Visits for all F/CsNot Total Not Uniquely Identified Service Recipient Interactions for all F/CUHo Total Hours of Care for all F/CurIn
p Total Inpatient/Resident Days for all F/C
ati
Indi Total Individuals Served by Functional Centre for all F/CviAt
te Total Attendance Days for all F/CnG
ro Total Group Sessions for all F/CuM
e Total Meals Delivered for all F/C
alG
ro Total Group Participants for all F/CuS
er Total Service Provider Interactions for all F/Cvi
Me Total Mental Health Sessions for all F/CntT
ot Total Cost for All F/C
alS
er Total Service Provider Group Interactions for all F/C
vi

28.53

n/a

22,60021,470 - 23,730

00-0

30,00028,800 - 31,200

53,00051,410 - 54,590

2,699

2,429 - 2,969

25,00024,000 - 26,000

0

0-0

0

0-0

0

0-0

0

0-0

0

0-0

$2,198,292

n/a

0

0-0

Multi-Sector Service Accountability Agreements
Ontario Health - Toronto Region
Health Service Provider: Momiji Health Care Society2023-2024 Schedule D2D: CSS Sector Specific Indicators

Performance Indicators
No Performance Indicators

Explanatory Indicators
Number of persons waiting for service (by functional centre)

Developmental Indicators
Average Number of Days Waited for First Service (By Functional Centre)

1

23-24
2023-2024
TargetPerformanceStandard--

Multi-Sector Service Accountability Agreements
Ontario Health - Toronto Region
Health Service Provider: Momiji Health Care Society2023-2024 Schedule D3: Local Obligations

This schedule sets out provincial goals identified by Ontario Health (OH) and the Local Obligations associated with each of the goals. The provincial goals apply to all
HSPs and HSPs must select the most appropriate obligation(s) under each goal for implementation. HSPs must provide a report on the progress of theirimplementation(s) as per direction provided by OH regional teams.
Goal: Improve Access and Flow by Reducing Alternate Level of Care (ALC)
Local Obligations related to goal:● Participate in and align with regional plans to support admission diversion, maximize capacity, and support patients transition to community.
Goal: Advance Indigenous Health Strategies and Outcomes
Local Obligations related to goal:●

Develop and/or advance First Nations, Inuit, Métis and Urban Indigenous (FNIMUI) FNIMUI Health Workplan:a. Partner with your OH team to work through a process of establishing a First Nations, Inuit, Métis and Urban Indigenous Health Workplan, which aligns
with provincial guidance, and includes a plan for Indigenous cultural awareness (improving understanding of Indigenous history, perspectives, cultures,and traditions) and cultural safety (improving understanding of anti-racist practice and identifying individual and systemic biases that contribute toracism across the health care system). Ontario Health will provide guidance material to support this process.
b. Or, if a First Nations, Inuit, Métis and Urban Indigenous Health Workplan (or similar) already exists, demonstrate advancement to implementation of the
plan.

●

Demonstrate progress (and document in reporting template) on outcomes, access and/or executive training:a. mprovement in outcomes regarding First Nations, Inuit, Métis and Urban Indigenous health (note for 23/24 this will give HSPs the opportunity todemonstrate any improvement based on the data currently available to them. In future years, standardized indicators will be developed.)b. Progress in increasing culturally safe access to healthcare services, programs to foster Indigenous engagement, and relationship building to improveIndigenous health (note for 23/24 this will give HSPs the opportunity to demonstrate any improvement based on initiatives they have targeted in theirFirst Nations, Inuit, Métis and Urban Indigenous Health Workplan. In future years, standardized indicators will be developed.)c. Demonstrate that executive level staff have completed Indigenous Cultural Safety Training

Goal: Advance Equity, Inclusion, Diversity, and Anti-Racism Strategies to Improve Health Outcomes
Local Obligations related to goal:●

Develop and/or advance an organizational health equity plan
● develop an equity plan that aligns with OH equity, inclusion, diversity and anti-racism framework, and existing provincial priorities, where applicable(i.e., French language health services plan; Accessibility for Ontarians with Disabilities Act; the provincial Black Health Plan; High Priority Community
Strategy; etc.). Please note that HSPs will be provided with guidance materials to help develop their equity plan and complete a reporting template tosubmit to the region.
● Or, if an equity plan already exists, demonstrate advancement to implementation of the plan, by completing the equity reporting template andsubmitting to the region.

● Increase understanding and awareness of health equity through education/continuous learning● Continue capacity-building through knowledge transfer, education, and training about health equity within the Region, HSPs will demonstrate that aminimum, executive level staff have completed relevant equity, inclusion, diversity, and anti-racism education (recommended education options to beprovided).

Multi-Sector Service Accountability Agreements
Ontario Health - Toronto Region
Health Service Provider: Momiji Health Care Society2023-2024 Schedule E: Project Funding Agreement Template
Project Funding Agreement Template
Note:

This project template is intended to be used to fund one-off projects or for the provision of services not ordinarily provided by
the HSP. Whether or not the HSP provides the services directly or subcontracts the provision of the services to anotherprovider, the HSP remains accountable for the funding that is provided by Ontario Health.

THIS PROJECT FUNDING AGREEMENT (“PFA”) is effective as of [insert date] (the “Effective Date”) between:
ONTARIO HEALTH- and [Legal Name of the Health Service Provider] (the “HSP”)
WHEREAS Ontario Health and the HSP entered into a Service Accountability Agreement dated [insert date] (the “SAA”) for theprovision of Services and now wish to set out the terms of pursuant to which Ontario Health will fund the HSP for [insert brief
description of project] (the “Project”);
NOW THEREFORE in consideration of their respective agreements set out below and subject to the terms of the SAA, the parties
covenant and agree as follows:
1.0

Definitions. Unless otherwise specified in this PFA, capitalized words and phrases shall have the meaning set out in the
SAA. When used in this PFA, the following words and phrases have the following meanings:“Project Funding” means the funding for the Services;“Services” mean the services described in Appendix A to this PFA; and“Term” means the period of time from the Effective Date up to and including [insert project end date].

2.0

Relationship between the SAA and this PFA. This PFA is made subject to and hereby incorporates the terms of the
SAA. On execution this PFA will be appended to the SAA as a Schedule.

3.0

The Services. The HSP agrees to provide the Services on the terms and conditions of this PFA including all of its
Appendices and schedules.

4.0

Rates and Payment Process. Subject to the SAA, the Project Funding for the provision of the Services shall be as
specified in Appendix A to this PFA.

5.0

Representatives for PFA.
(a) The HSP’s Representative for purposes of this PFA shall be [insert name, telephone number, fax number and e-mailaddress.] The HSP agrees that the HSP’s Representative has authority to legally bind the HSP.
(b) Ontario Health's Representative for purposes of this PFA shall be: [insert name, telephone number, fax number and email address.]

6.0

Additional Terms and Conditions. The following additional terms and conditions are applicable to this PFA.
(a) Notwithstanding any other provision in the SAA or this PFA, in the event the SAA is terminated or expires prior to the
expiration or termination of this PFA, this PFA shall continue until it expires or is terminated in accordance with its terms.
(b) [insert any additional terms and conditions that are applicable to the Project]

IN WITNESS WHEREOF the parties hereto have executed this PFA as of the date first above written.
[insert name of HSP]
By:
[insert name and title]
Ontario HealthBy:[insert name and title]

Multi-Sector Service Accountability Agreements
Ontario Health - Toronto Region
Health Service Provider: Momiji Health Care Society

APPENDIX A: SERVICES
1.

DESCRIPTION OF PROJECT2.

DESCRIPTION OF SERVICES

3.

OUT OF SCOPE

4.

DUE DATES

5.

PERFORMANCE TARGETS

6.

REPORTING

7.

PROJECT ASSUMPTIONS

8.

PROJECT FUNDING
8.1

The Project Funding for completion of this PFA is as follows:[X]

8.2 Regardless of any other provision of this PFA, the Project Funding payable for the completion of the Services under
this PFA is one-time funding and is not to exceed [X].

Multi-Sector Service Accountability Agreements
Ontario Health - Toronto Region
Health Service Provider: Momiji Health Care Society2023-2024 - Schedule F: Declaration of Compliance

DECLARATION OF COMPLIANCE
Issued pursuant to the MSAA effective April 1, 2023
To:

The Board of Directors of the [insert name of Ontario Health Region].
Attn: Board Chair.

From:

The Board of Directors (the “Board”) of the [insert name of HSP] (the “HSP”)

Date:[insert date]Re:

April 1, 2023 – March 31, 2024 (the “Applicable Period”)

Unless otherwise defined in this declaration, capitalized terms have the same meaning as set out in the MSAA between the Ontario HealthRegion and the HSP effective April 1, 2023.

The Board has authorized me, by resolution dated [insert date], to declare to you as follows:
After making inquiries of the [insert name and position of person responsible for managing the HSP on a day to day basis, e.g. the Chief
Executive Office or the Executive Director] and other appropriate officers of the HSP and subject to any exceptions identified on Appendix
1 to this Declaration of Compliance, to the best of the Board’s knowledge and belief, the HSP has fulfilled, its obligations under the service
accountability agreement (the “MSAA”) in effect during the Applicable Period.
Without limiting the generality of the foregoing, the HSP has complied with:
(i)
(ii)
(iii)

Article 4.8 of the MSAA concerning applicable procurement practices;
The Connecting Care Act, 2019; andAny compensation restraint legislation which applies to the HSP____________________________________[insert name of Chair], [insert title]

Multi-Sector Service Accountability Agreements
Ontario Health - Toronto Region
Health Service Provider: Momiji Health Care Society

Appendix 1 - Exceptions[Please identify each obligation under the MSAA that the HSP did not meet during the Applicable Period, together with an explanation as
to why the obligation was not met and an estimated date by which the HSP expects to be in compliance.]