40 (1) Despite anything in any other Act, but subject to subsection (3) and the processes and requirements set out in this Part and any regulations made under this Part, the Minister may make an order, (a) transferring all or part of the assets, liabilities, rights and obligations, including, for greater certainty, any rights or obligations under a funding agreement or accountability agreement of an organization listed in subsection (2) to the Agency, a health service provider or an Ontario Health Team; and (b) transferring all or some of the employees of an organization listed in subsection (2) to the Agency, a health service provider or an Ontario Health Team. 2019, c. 5, Sched. 1, s. 40 (1); 2020, c. 13, Sched. 1, s. 2 (1, 4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 40 (1) of the Act is repealed and the following substituted: (See: 2023, c. 19, s. 12 (1)) Transfer order (1) Despite anything in any other Act, but subject to subsection (3), the processes and requirements set out in this Part and any regulations made under this Part, the Minister may make an order, (a) transferring all or part of the assets, liabilities, rights and obligations, including, for greater certainty, any rights or obligations under a funding agreement or accountability agreement of an organization listed in subsection (2), to the Agency, the Service Organization, a health service provider or an Ontario Health Team; and (b) transferring all or some of the employees of an organization listed in subsection (2) to the Agency, the Service Organization, a health service provider or an Ontario Health Team. 2023, c. 19, s. 12 (1). Organizations (2) The following are the organizations for the purposes of subsection (1): Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 40 (2) of the Act is amended by adding the following paragraphs: (See: 2023, c. 19, s. 12 (2)) 0.1 The Agency. 0.2 The Service Organization. 1. Cancer Care Ontario. 2. eHealth Ontario. 3. HealthForceOntario Marketing and Recruitment Agency. 4. Health Shared Services Ontario. 5. Ontario Health Quality Council. 6. Trillium Gift of Life Network. 7. Any local health integration network. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 7 of subsection 40 (2) of the Act is repealed. (See: 2023, c. 19, s. 12 (3)) 8. Any other prescribed organization that receives funding from the Ministry or the Agency and that provides programs or services that are consistent with the objects of the Agency. 2019, c. 5, Sched. 1, s. 40 (2). Notification requirement (3) Before the Minister makes an order under subsection (1), the Minister shall notify the Agency and each affected transferor and transfer recipient. 2019, c. 5, Sched. 1, s. 40 (3). Regulations may limit transfers (3.1) The regulations may prescribe a program or division within an organization described in subsection (2), and in such a case a transfer order under subsection (1) may only be made in respect of, (a) assets, liabilities, rights or obligations that are associated with the program or division; or (b) employees that work within the program or division. 2023, c. 19, s. 12 (4). Information for preparation, etc. (4) For the purpose of preparing for and determining the content of an order or potential order under subsection (1), (a) the Minister may require an organization to provide to the Minister information, including personal information, relating to its operations, employees, assets, liabilities, rights and obligations; and (b) the Minister may collect personal information from the organization. 2019, c. 5, Sched. 1, s. 40 (4). Format (5) The Minister may require that the information be provided in the format specified by the Minister. 2019, c. 5, Sched. 1, s. 40 (5). Compliance (6) An organization shall comply with a requirement under this section. 2019, c. 5, Sched. 1, s. 40 (6). Exclusion, personal health information (7) For greater certainty, the authority of the Minister to require an organization to provide and of the Minister to collect personal information under this section does not include the authority to require the provision or authorize the collection of personal health information. 2019, c. 5, Sched. 1, s. 40 (7). No notice to individual (8) Any collection by the Minister of personal information under this section is exempt from the application of subsection 39 (2) of the Freedom of Information and Protection of Privacy Act. 2019, c. 5, Sched. 1, s. 40 (8). Consistent purpose (9) For the purposes of the
Freedom of Information and Protection of Privacy Act, personal information collected under subsection (4) of this section may be used by the Ministry for the purpose described in that subsection, and that use shall be deemed to be for a purpose that is consistent with the purpose for which the personal information was obtained or compiled. 2019, c. 5, Sched. 1, s. 40 (9). Contents of order (10) An order made under subsection (1), (a) shall provide for the assets, liabilities, rights, obligations or employees that are to be transferred; (b) shall specify a date on which the transfer of assets, liabilities, rights, obligations or employees, as the case may be, takes effect; and (c) may specify that issues arising out of the interpretation of the order be resolved by the method specified in the order. 2019, c. 5, Sched. 1, s. 40 (10). Non-application of Legislation Act, 2006 (11) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1). 2019, c. 5, Sched. 1, s. 40 (11). Notice of order (12) The Minister shall provide the transferor and transfer recipient with a copy of the order, and shall publish the order on a website. 2019, c. 5, Sched. 1, s. 40 (12). Same (13) The transferor and transfer recipient that receives a copy of an order provided under subsection (12) shall, (a) provide notice of the order and make copies available to affected employees and their bargaining agents and to other persons or entities whose contracts are affected by the order; and (b) publish the order on a website. 2019, c. 5, Sched. 1, s. 40 (13). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 4) - 08/07/2020 2023, c. 19, s. 12 (4)
- 04/12/2023; 2023, c. 19, s. 12 (1-3)
- not in force