16 (1) The Lieutenant Governor in Council may make regulations, (a) providing for additional organizations that are health care organizations for the purposes of the definition of “health care organization” in section 1; (b) respecting who may be a member of a quality committee; (c) governing the manner in which compensation for the executives of health care organizations is to be connected to the achievement of the performance improvement targets set out in quality improvement plans, and, without restricting the generality of the foregoing, providing for anything that may be provided for under section 9; (d)-(m)  Repealed: 2019, c. 5, Sched. 3, s. 7 (20). (m.1)  respecting and providing for conditions, restrictions or requirements that apply to the Agency and persons acting on its behalf in the collection, use and disclosure of personal health information under this Act; (n) governing the confidentiality and security of information, including personal information, the collection, use and disclosure of such information, the retention and disposal of such information, and access to and correction of such information, including restrictions on any of these things, for the purposes of the carrying out of the functions of the Agency under this Act; (o)-(t)  Repealed: 2019, c. 5, Sched. 3, s. 7 (23). (t.1) providing for additional functions of the patient ombudsman for the purposes of clause 13.1 (2) (e); (t.2) further defining, specifying or clarifying the meaning of “patient or former patient” and similar expressions for the purposes of sections 13.1 to 13.4; (t.3) respecting any matter that this Act describes as being prescribed or provided for in the regulations; (u) respecting any other matter that the Lieutenant Governor in Council considers necessary or desirable for carrying out the purposes and provisions of this Act.  2010, c. 14, s. 16 (1); 2014, c. 13, Sched. 5, s. 5; 2016, c. 30, s. 37 (13-15); 2017, c. 25, Sched. 2, s. 4; 2019, c. 5, Sched. 3, s. 7 (20-23). Public consultation before making regulations (2) The Lieutenant Governor in Council shall not make any regulation under this section unless, (a) the Minister has published a notice of the proposed regulation on the website of the Ministry and in any other format the Minister considers advisable; (b) the notice complies with the requirements of this section; (c) the time periods specified in the notice, during which members of the public may exercise a right described in clause (3) (b) or (c), have expired; and (d) the Minister has considered whatever comments and submissions that members of the public have made on the proposed regulation in accordance with clause (3) (b) or (c) and has reported to the Lieutenant Governor in Council on what, if any, changes to the proposed regulation the Minister considers appropriate.  2010, c. 14, s. 16 (2). Contents of notice (3) The notice mentioned in clause (2) (a) shall contain, (a) a description of the proposed regulation and the text of it; (b) a statement of the time period during which members of the public may submit written comments on the proposed regulation to the Minister and the manner in which and the address to which the comments must be submitted; (c) a description of whatever other rights, in addition to the right described in clause (b), that members of the public have to make submissions on the proposed regulation and the manner in which and the time period during which those rights must be exercised; (d) a statement of where and when members of the public may review written information about the proposed regulation; and (e) all other information that the Minister considers appropriate.  2010, c. 14, s. 16 (3). Time period for comments (4) The time period mentioned in clauses (3) (b) and (c) shall be at least 30 days after the Minister gives the notice mentioned in clause (2) (a) unless the Minister shortens the time period in accordance with subsection (5).  2010, c. 14, s. 16 (4). Shorter time period for comments (5) The Minister may shorten the time period if, in the Minister’s opinion, (a) the urgency of the situation requires it; (b) the proposed regulation clarifies the intent or operation of this Act or the regulations; or (c) the proposed regulation is of a minor or technical nature.  2010, c. 14, s. 16 (5). Discretion to make regulations (6) Upon receiving the Minister’s report mentioned in clause (2) (d), the Lieutenant Governor in Council, without further notice under subsection (2), may make the proposed regulation with the changes that the Lieutenant Governor in Council considers appropriate, whether or not those changes are mentioned in the Minister’s report.  2010, c. 14, s. 16 (6). No public consultation (7) The Minister may decide that subsections (2) to (6) should not apply to the power of the Lieutenant Governor in Council to make a regulation under this section if, in the Minister’s opinion, (a) the urgency of the situation requires it; (b) the proposed regulation clarifies the intent or operation of this Act or the regulations; or (c) the proposed regulation is of a minor or technical nature.  2010, c. 14, s. 16 (7). Same (8) If the Minister decides that subsections (2) to (6) should not apply to the power of the Lieutenant Governor in Council to make a regulation under this section, (a) those subsections do not apply to the power of the Lieutenant Governor in Council to make the regulation; and (b) the Minister shall give notice of the decision to the public as soon as is reasonably possible after making the decision.  2010, c. 14, s. 16 (8). Contents of notice (9) The notice mentioned in clause (8) (b) shall include a statement of the Minister’s reasons for making the decision and all other information that the Minister considers appropriate.  2010, c. 14, s. 16 (9). Publication of notice (10) The Minister shall publish the notice mentioned in clause (8) (b) on the website of the Ministry and give the notice by all other means that the Minister considers appropriate.  2010, c. 14, s. 16 (10). Temporary regulation (11) If the Minister decides that subsections (2) to (6) should not apply to the power of the Lieutenant Governor in Council to make a regulation under this section because the Minister is of the opinion that the urgency of the situation requires it, the regulation shall, (a) be identified as a temporary regulation in the text of the regulation; and (b) unless it is revoked before its expiry, expire at a time specified in the regulation, which shall not be after the second anniversary of the day on which the regulation comes into force.  2010, c. 14, s. 16 (11). No review (12) Subject to subsection (13), a court shall not review any action, decision, failure to take action or failure to make a decision by the Lieutenant Governor in Council or the Minister under subsections (2) to (11).  2010, c. 14, s. 16 (12). Exception (13) Any person resident in Ontario may make an application for judicial review under the Judicial Review Procedure Act on the grounds that the Minister has not taken a step required by subsections (2) to (11).  2010, c. 14, s. 16 (13). Time for application (14) No person shall make an application under subsection (13) with respect to a regulation later than 21 days after, (a) the Minister publishes a notice with respect to the regulation under clause (2) (a) or subsection (10), where applicable; or (b) the regulation is filed, if it is a regulation described in subsection (11).  2010, c. 14, s. 16 (14). Section Amendments with date in force (d/m/y) 2010, c. 14, s. 17
- no effect - see 2017, c. 20, Sched. 8, s. 82 (2) - 14/11/2017 2014, c. 13, Sched. 5, s. 5 - 01/07/2016 2016, c. 30, s. 37 (13-15) - 08/12/2016 2017, c. 20, Sched. 8, s. 82 (1) - no effect - see 2019, c. 5, Sched. 3, s. 26 - no effect - see 2019, c. 5, Sched. 3, s. 7 (23) - 01/04/2020; 2017, c. 25, Sched. 2, s. 4 - 12/12/2017 2019, c. 5, Sched. 3, s. 7 (20-23) - 01/04/2020 17 Repealed: 2017, c. 20, Sched. 8, s. 82 (2). Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 82 (2) - 14/11/2017 18-20 Omitted (amends, repeals or revokes other legislation).  2010, c. 14, ss. 18-20. 21 Omitted (provides for coming into force of provisions of this Act).  2010, c. 14, s. 21. 22 Omitted (enacts short title of this Act).  2010, c. 14, s. 22. ______________  Français