26 (1) The Agency may, where the Agency considers it in the public interest to do so, appoint one or more investigators to investigate and report on, (a) the quality of the management of a health service provider or Ontario Health Team; (b) the quality of the care and treatment of persons by a health service provider or an Ontario Health Team; or (c) any other matter relating to a health service provider or Ontario Health Team. 2019, c. 5, Sched. 1, s. 26 (1); 2020, c. 13, Sched. 1, s. 2 (1, 4). Application (2) Subject to subsections (3) and (4), subsection (1) applies to health service providers and Ontario Health Teams that receive funding from the Agency under section 21. 2019, c. 5, Sched. 1, s. 26 (2); 2020, c. 13, Sched. 1, s. 2 (1, 6). Exclusion, long-term care homes (3) Subsection (1) does not apply to a licensee within the meaning of the Fixing Long-Term Care Act, 2021, and where a licensee within the meaning of that Act is among the persons or entities comprising an Ontario Health Team, this section only applies to the services and operations of the Team that are not governed under that Act. 2019, c. 5, Sched. 1, s. 26 (3); 2020, c. 13, Sched. 1, s. 2 (1, 4, 15); 2021, c. 39, Sched. 2, s. 4 (3). Hospitals (4) Subsection (1) does not apply to a hospital within the meaning of the Public Hospitals Act or to an Ontario Health Team that includes such a hospital, but the Lieutenant Governor in Council, on the advice of the Minister, may appoint one or more investigators with respect to such a hospital or Team, and this section applies with necessary modification to an appointment by the Lieutenant Governor in Council. 2019, c. 5, Sched. 1, s. 26 (4); 2020, c. 13, Sched. 1, s. 2 (1, 4, 16). Notice of appointment (5) Before appointing an investigator, the Agency shall give notice of its intention to appoint an investigator to the Minister and to the health service provider or Ontario Health Team. 2019, c. 5, Sched. 1, s. 26 (5); 2020, c. 13, Sched. 1, s. 2 (1, 7). Powers (6) An investigator may, without a warrant and at reasonable times, (a) enter the premises of a health service provider or Ontario Health Team that may be investigated under this section; (b) subject to subsections (7) and (7.1), enter any premises where a health service provider or Ontario Health Team that may be investigated under this section provides services; and (c) inspect the premises, the services provided on the premises and the records that the investigator determines are relevant to the investigation. 2019, c. 5, Sched. 1, s. 26 (6); 2020, c. 13, Sched. 1, s. 2 (1, 4), 6 (1). Dwellings (7) No investigator shall enter a place that is being used as a dwelling, except with the consent of the occupier. 2019, c. 5, Sched. 1, s. 26 (7). Exception (7.1) Subsection (7) does not apply if, (a) the consent of the occupier cannot be obtained, after making reasonable efforts; (b) the dwelling is a premises owned or operated by health service provider or Ontario Health Team funded under section 21 to provide prescribed home and community care services that include residential accommodation at the premises; and (c) written notice has been given to each occupier of the dwelling at least 24 hours before the entry. 2020, c. 13, Sched. 1, s. 6 (2). Identification (8) An investigator conducting an investigation shall produce, on request, evidence of their appointment. 2019, c. 5, Sched. 1, s. 26 (8). Powers of investigator conducting investigation (9) An investigator conducting an investigation may, (a) require the production of records or anything else that the investigator determines is relevant to the investigation, including books of account, documents, bank accounts, vouchers, correspondence and payroll records, records of staff hours worked and records of personal health information; (b) examine and copy any record or thing required under clause (a); (c) upon giving a receipt and showing the evidence of appointment, remove a record or anything else that the investigator determines is relevant to the investigation for review or copying, as long as the review or copying is carried out with reasonable dispatch and the record or thing is promptly returned; (d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; and (e) question a person on matters the investigator determines are relevant to the investigation. 2019, c. 5, Sched. 1, s. 26 (9). Obligation to produce and assist (10) If an investigator requires the production of a record or anything else that the investigator determines is relevant to the investigation under this section, any of the following who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form: 1. The health service provider or Ontario Health Team that may be investigated under this section. 2. Any person employed by the provider or Team. 3. Any person performing services for the provider or Team. 2019, c. 5, Sched. 1, s. 26 (10); 2020, c. 13, Sched. 1, s. 2 (1, 2, 5, 12). Obligation to comply with questioning (11) A person who is questioned by an investigator under clause  (9) (e) shall co-operate fully with the investigator. 2019, c. 5, Sched. 1, s. 26 (11). Same (12) If an investigator accesses personal health information under subsection (9), the investigator, (a) shall not collect, use or disclose the personal health information if other information will serve the purpose of the investigation; (b) shall not collect, use or disclose more personal health information than is reasonably necessary for the purpose of the investigation; and (c) shall comply with any conditions or requirements that may be prescribed. 2019, c. 5, Sched. 1, s. 26 (12). Confidentiality (13) An investigator and the investigator’s agents shall keep confidential all information that comes to the investigator’s knowledge in the course of an investigation under this Act and shall not communicate any information to any other person except as required by law or except where the communication is to the Agency or a person employed in or performing services for the Agency. 2019, c. 5, Sched. 1, s. 26 (13). Report of investigator (14) The investigator shall, upon completion of an investigation, make a report in writing to the Agency. 2019, c. 5, Sched. 1, s. 26 (14). De-identification of personal health information (15) Before providing a report to the Agency under subsection (14), the investigator shall ensure that all personal health information is de-identified. 2019, c. 5, Sched. 1, s. 26 (15). Same (16) The Agency shall cause a copy of the report of an investigation, with all personal health information de-identified, to be delivered to the health service provider or Ontario Health Team that is the subject of the investigation. 2019, c. 5, Sched. 1, s. 26 (16); 2020, c. 13, Sched. 1, s. 2 (1, 7). Public availability (17) The Agency shall make every report of an investigation available to the public. 2019, c. 5, Sched. 1, s. 26 (17). Appointment by Minister (18) Subject to the restrictions described in subsections (3) and (4), the Minister may appoint investigators under this section, and this section applies with necessary modification to such an appointment and investigation. 2019, c. 5, Sched. 1, s. 26 (18). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 2, 4-7, 12, 15, 16) - 08/07/2020; 2020, c. 13, Sched. 1, s. 6 (1, 2) - 01/05/2022; CTS 6 AL 21 - 1 2021, c. 39, Sched. 2, s. 4 (3) - 11/04/2022