45 (1) The Lieutenant Governor in Council may make regulations, (a) respecting the form of the health card, and governing the issuance, possession, submission, surrender and destruction of the health card, including measures to protect its security; (a.1) providing for the registration of persons as insured persons and prescribing waiting periods for registration; (b) defining “resident”, “dependant”, “spouse” and “member of the Canadian Forces” for the purposes of this Act or any provision of this Act; (b.1) prescribing the personal information that may be collected, used or disclosed under clause 2 (3) (b); (c) providing for the continuation and termination of insurance coverage in respect of insured persons who cease to be eligible; (c.1)  Repealed: 2015, c. 20, Sched. 15, s. 14 (1). (c.2) enabling the General Manager to set requirements, including requirements to provide documentation, relating to registration or renewal of registration as an insured person, or to verify a person’s continuing eligibility to remain registered as an insured person, and making the meeting of any such requirements a condition of being or continuing to be an insured person; (d) designating disciplines for the purpose of section 16; (e) governing insured services, including specifying those services that are not insured services; (f) governing fees payable for insured services; (g) governing payments for insured services; (h)-(j) Repealed:  1996, c. 1, Sched. H, s. 35 (1). (k) providing for the making of claims for payment of the cost of insured services and prescribing the information that shall be furnished in connection therewith; (l) prescribing the co-payments that shall be made by or on behalf of an insured person to qualify the person to receive those insured services specified in the regulations as requiring co-payments; (m) providing for the times when and manner in which physicians shall submit accounts directly to the Plan under section 15; (n) providing for the times when and manner in which practitioners shall submit accounts directly to the Plan under section 16; (o) exempting any class of accounts from the application of section 15 or any provision thereof; (p) exempting any class of accounts from the application of section 16 or any provision thereof; (q) defining or clarifying the meaning of any word or expression used in this Act but not otherwise defined in this Act; (q.1) respecting section 16.2, including, without being limited to, (i) governing the process of applying for billing privileges, (ii) governing the information that may be required by the General Manager; (r) prescribing facilities that are health facilities for the purposes of this Act in addition to those referred to in the definition of “health facility” in section 1; (r.1) governing service for the purposes of section 26, including prescribing anything that may be prescribed under that section and providing for situations in which service shall be deemed to have been made; (r.2)  Repealed:  2007, c. 10, Sched. G, s. 33 (2). (s) prescribing procedures for the enforcement of and recovery under rights to which the Plan is subrogated and without restricting the generality of the foregoing, (i) requiring the insured person and his or her solicitor to act on behalf of the Plan in any action, (ii) requiring such notices as are prescribed, (iii) providing for the terms and conditions under which an action to enforce such rights may be begun, conducted and settled, (iv) prescribing the portion of the costs of an insured person incurred in an action for the recovery of such rights that shall be borne by the Plan; (t) assigning additional duties to the General Manager and the Appeal Board; (u) prescribing forms for the purposes of this Act and providing for their use; (v) designating classes for the purpose of subsection 11 (3); (w) prescribing persons for the purpose of subsection 11.1 (2); (x)  Repealed: 2015, c. 20, Sched. 15, s. 14 (3). (x.1) governing the costs that may be recovered under section 36.0.1, including the determination of those costs, and the evidence that is admissible to prove those costs in an action under that section; (y) prescribing persons for the purpose of subsections 43.1 (1) and (5); (z) prescribing the co-payments for accommodation referred to in subsection 46 (2); (z.1) providing for and governing anything that this Act refers to as being prescribed or provided for in the regulations, or as being required to be done in accordance with the regulations or as being subject to the regulations. R.S.O. 1990, c. H.6, s. 45 (1); 1993, c. 32, s. 2 (9); 1994, c. 17, s. 72 (1, 2); 1996, c. 1, Sched. H, s. 35 (1, 2, 4); 1999, c. 10, s. 2; 2004, c. 5, s. 43 (1, 2); 2006, c. 19, Sched. L, s. 3 (7); 2007, c. 10, Sched. C, s. 3; 2007, c. 10, Sched. G, s. 33 (1-4); 2007, c. 16, Sched. B, s. 2; 2009, c. 33, Sched. 18, s. 11 (9); 2015, c. 20, Sched. 15, s. 14 (1-3); 2019, c. 15, Sched. 15, s. 34. Regulations (1.1) The Lieutenant Governor in Council may make regulations, (a)-(c) Repealed: 2015, c. 20, Sched. 15, s. 14 (4). (d) prescribing services that meet the requirements of clauses 36.1 (1) (a) and (b) as third party services, or prescribing them as third party services in specified circumstances, and specifying the circumstances; (e) in relation to a specified third party service or in relation to a third party service provided in specified circumstances, (i) prescribing another person or entity as a third party instead of or in addition to the person or entity who makes the request or requirement referred to in clause 36.1 (1) (a), (ii) if more than one person or entity make the request or requirement referred to in clause 36.1 (1) (a), prescribing one or more of them as third parties and providing that the others are not third parties, or (iii) providing that there is no third party; (f) designating or establishing a body that shall have power to decide disputes about payment for third party services, including power to summon witnesses and require the production of documents and power to award costs and interest; (g) governing the composition of the body referred to in clause (f), the qualifications, appointment, functions and remuneration of its members and their immunity from liability; (h) prescribing the parties to a proceeding before the body referred to in clause (f) and the rules governing practice, procedure and evidence in a proceeding before the body, including prescribing whether or not the body is required to hold a hearing; (i) prescribing the duties and powers of the body referred to in clause (f) in relation to making decisions and orders; (j) providing that a court or body acting under subsection 36.3 (4) shall consider other matters in addition to or instead of the guidelines and schedules of fees referred to in subsections 36.3 (5) and (6), and specifying those other matters.  1993, c. 32, s. 2 (10); 1996, c. 1, Sched. H, s. 35 (5, 6); 2015, c. 20, Sched. 15, s. 14 (4). Classes (1.2) A regulation may create different classes of persons, facilities, accounts, fees payable or payments and may establish different entitlements for or relating to each class or impose different requirements, conditions or restrictions on or relating to each class.  1996, c. 1, Sched. H, s. 35 (7). Adoption of schedules of fees (2) A regulation may adopt by reference in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, the fees in any schedule of fees as prescribed amounts payable in whole or in part, by the Plan.  R.S.O. 1990, c. H.6, s. 45 (2). Ministerial order (2.1) Upon the advice of the General Manager, and where the Minister considers it to be in the public interest to do so, the Minister may make an order amending a schedule of fees or benefits that has been adopted in a regulation in any manner the Minister considers appropriate for the purposes of the regulation.  2004, c. 5, s. 43 (3). Duration (2.2) An order made under subsection (2.1) remains in force until the earliest of the following events occurs: 1. The order is cancelled by an order made under subsection (2.3). 2. A regulation is made adopting a schedule of fees or benefits or an amendment to the schedule of fees or benefits in which essentially the same subject-matter is addressed. 3. Twelve months have elapsed from the making of the order.  2004, c. 5, s. 43 (3). Cancellation (2.3) Upon the advice of the General Manager, and where the Minister considers it to be in the public interest to do so, the Minister may make an order cancelling an order under subsection (2.1).  2004, c. 5, s. 43 (3). Not a regulation (2.4) An order made under subsection (2.1) or (2.3) is not a regulation for the purposes of Part III (Regulations) of the Legislation Act, 2006, but has the same effect as if the schedule of fees or benefits as amended by the order had been adopted by regulation.  2004, c. 5, s. 43 (3); 2006, c. 21, Sched. F, s. 136 (1). Publication (2.5) The Minister shall publish an order made under subsection (2.1) or (2.3) in The Ontario Gazette, and in any other manner the Minister considers appropriate, and the order is effective from the publication date of the issue of the Gazette
in which publication is made, unless paragraph 2 or 3 of subsection (2.2) applies first.  2004, c. 5, s. 43 (3). Variation (2.6) An amendment made by an order under subsection (2.1) may be varied at any time by regulation.  2004, c. 5, s. 43 (3). Restriction (2.7) An order under subsection (2.1) may not be made more than once with respect to essentially the same subject-matter.  2004, c. 5, s. 43 (3). When regulation may be effective (3) A regulation is, if it so provides, effective with reference to a period before it is filed.  R.S.O. 1990, c. H.6, s. 45 (3). Exemptions (3.1) A regulation may exempt a class of persons or facilities from the application of a specified provision of the Act or regulations.  1996, c. 1, Sched. H, s. 35 (8). Insured services (3.2) Without limiting the generality of clause (1) (e), a regulation made under it may provide the following: 1. Which services rendered in or by hospitals and health facilities are insured services. 2. Which constituent elements form part of an insured service rendered by physicians or practitioners. 3. Which constituent elements shall be deemed not to form part of an insured service rendered by a physician or practitioner.  1996, c. 1, Sched. H, s. 35 (8). Restriction (3.3) A regulation made under clause (1) (e) or (g) shall not include a provision that would disqualify the Province of Ontario, under the Canada Health Act, for contribution by the Government of Canada because the Plan would no longer satisfy the criteria under that Act.  1996, c. 1, Sched. H, s. 35 (8). Services designated without prescribing amounts payable (4) The Lieutenant Governor in Council may make regulations under clause (1) (e) prescribing services that are insured services without prescribing any amounts payable by the Plan for those services.  R.S.O. 1990, c. H.6, s. 45 (4). (5) Repealed: 2023, c. 4, Sched. 1, s. 71 (8). Circumstances (6) A regulation made under clause (1) (l) may specify the circumstances in which it applies and may establish different entitlements or impose different requirements, conditions or restrictions in the specified circumstances.  1996, c. 1, Sched. H, s. 35 (9). (7) Repealed:  1996, c. 1, Sched. H, s. 35 (9). (8) Repealed:  1996, c. 1, Sched. H, s. 35 (10). Section Amendments with date in force (d/m/y) 1993, c. 32, s. 2 (9), (10) - 14/12/1993; 1994, c. 17, s. 72 (1) - 01/04/1994; 1994, c. 17, s. 72 (2) - 18/05/1994; 1996, c. 1, Sched. H, s. 35 (1), (2), (4)-(10) - 01/05/1996; 1996, c. 1, Sched. H, s. 35 (3) - no effect; 1999, c. 10, s. 2 - 05/01/2000 2004, c. 5, s. 43 (1-3) - 23/09/2004 2006, c. 19, Sched. L, s. 3 (7) - 22/06/2006; 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2007, c. 10, Sched. C, s. 3 (1, 2) - 04/06/2007; 2007, c. 10, Sched. G, s. 33 (1-3) - 04/09/2007; 2007, c. 10, Sched. G, s. 33 (4) - 31/03/2010; 2007, c. 10, Sched. G, s. 33 (5) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2017; 2007, c. 16, Sched. B, s. 2 - 03/12/2007 2009, c. 26, s. 11 (12-14) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2019; 2009, c. 33, Sched. 18, s. 11 (9) - 15/12/2009 2017, c. 25, Sched. 9, s. 97 (11) - no effect see - 2023, c. 4, Sched. 1, s. 67 2019, c. 15, Sched. 15, s. 34 (1-3) - 10/12/2019 2023, c. 4, Sched. 1, s. 71 (8) - 25/09/2023