jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) A directive under this Act may exempt particular organizations or sectors or classes of organizations from any or all of the requirements of the directive.  2010, c. 25, s. 2 (1). Same (2) A directive under this Act may be general or particular in its application, and may provide for different classes or categories.  2010, c. 25, s. 2 (2). Public availability (3) Every directive and guideline under this Act, (a)  shall be made available to the public on request; and (b)  shall be publicly posted on at least one Government of Ontario website.  2010, c. 25, s. 2 (3). Status (4) Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to directives or guidelines.  2010, c. 25, s. 2 (4).
3 (1) The Lieutenant Governor in Council may make regulations, (a)  prescribing organizations that are designated broader public sector organizations for the purposes of the definition of that term; (b)  providing that a local board, or an organization that undertakes its activities for the purpose of profit to its shareholders, is a publicly funded organization, despite the definition of that term; (c)  excluding organizations from the definition of “publicly funded organization” in subsection 1 (1); (d)  defining or further specifying the meaning of any word or expression used in this Act but not defined in this Act.  2010, c. 25, s. 3 (1). Exception re: Hydro One Inc. (1.1) Despite clauses (1) (a) and (b), Hydro One Inc. and its subsidiaries cannot be prescribed to be designated broader public sector organizations or publicly funded organizations for the purposes of this Act. 2015, c. 20, Sched. 4, s. 1. Regulations, directives, etc. (2) The Lieutenant Governor in Council may, by regulation, exercise the power to make a directive, guideline or minister’s regulation under this Act and, where the Lieutenant Governor in Council has done so, everything in this Act that applies with respect to that directive, guideline or regulation is deemed to apply with respect to the regulation made by the Lieutenant Governor in Council, with any necessary modification.  2010, c. 25, s. 3 (2). Section Amendments with date in force (d/m/y) 2015, c. 20, Sched. 4, s. 1 - 04/06/2015 Part ii   lobbyists and Consultants Lobbyists
5 (1) Ontario Health and every local health integration network shall prepare reports approved by the board of Ontario Health or the local health integration network, as the case may be, concerning the use of consultants by Ontario Health or the local health integration network. 2019, c. 5, Sched. 3, s. 2 (3). Directives (2) The Minister of Health and Long-Term Care may issue directives to Ontario Health and to local health integration networks respecting the reports, including directives with respect to, (a)  the information that shall be included in reports made under subsection (1); (b)  to whom the reports shall be submitted; and (c)  the form, manner and timing of the reports.  2010, c. 25, s. 5 (2); 2019, c. 5, Sched. 3, s. 2 (5). Compliance (3) Ontario Health and every local health integration network shall comply with the directives.  2010, c. 25, s. 5 (3); 2019, c. 5, Sched. 3, s. 2 (7). Note: On a day to be named by proclamation of the Lieutenant Governor, section 5 of the Act is repealed and the following substituted: (See: 2023, c. 19, s. 17 (2)) Reporting by Ontario Health and Service Organization 5 (1) Ontario Health and the Service Organization shall prepare reports approved by the board of Ontario Health or the Service Organization, as the case may be, concerning the use of consultants by Ontario Health or the Service Organization. 2023, c. 19, s. 17 (2). Directives (2) The Minister of Health may issue directives to Ontario Health and to the Service Organization respecting the reports, including directives with respect to, (a)  the information that shall be included in reports made under subsection (1); (b)  to whom the reports shall be submitted; and (c)  the form, manner and timing of the reports. 2023, c. 19, s. 17 (2). Compliance (3) Ontario Health and the Service Organization shall comply with the directives. 2023, c. 19, s. 17 (2). Section Amendments with date in force (d/m/y) 2019, c. 5, Sched. 3, s. 2 (3, 5, 7) - 06/06/2019; 2019, c. 5, Sched. 3, s. 2 (4, 6, 8) - no effect - see 2023, c. 19, s. 29
- 04/12/2023 2023, c. 19, s. 17 (2)
- not in force
6 (1) Every hospital shall prepare reports concerning the use of consultants by the hospital that are approved by, (a)  in the case of a public hospital and the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa, the hospital’s board; and (b)  in the case of a private hospital, the hospital’s superintendent. 2010, c. 25, s. 6 (1). Directives (2) The Minister of Health and Long-Term Care may issue directives to hospitals respecting the reports, including directives with respect to, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (2) of the Act is amended by striking out “The Minister of Health and Long-Term Care” at the beginning of the portion before clause (a) and substituting “The Minister of Health”. (See: 2023, c. 19, s. 17 (3)) (a)  the information that shall be included in reports made under subsection (1); (b)  whom the reports shall be submitted; and (c)  the form, manner and timing of the reports. 2010, c. 25, s. 6 (2); 2019, c. 5, Sched. 3, s. 2 (9). Compliance (3) Every hospital shall comply with the directives. 2010, c. 25, s. 6 (3). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 9, s. 86 (3) - no effect - see 2023, c. 4, Sched. 1, s. 67 - 18/05/2023 2019, c. 5, Sched. 3, s. 2 (9) - 01/04/2021 2023, c. 19, s. 17 (3)
- not in force
7 (1) The Lieutenant Governor in Council may make regulations requiring designated broader public sector organizations to report on the use of consultants, including regulations respecting the content, form, manner and timing of the reports.  2010, c. 25, s. 7 (1). Compliance (2) Every designated broader public sector organization to which the regulations apply shall comply with regulations.  2010, c. 25, s. 7 (2). Part II.1 (s. 7.1-7.20) Repealed: 2019, c. 7, sched. 5, s. 7 (1). 7.1 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020 7.2 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2014, c. 7, Sched. 2, s. 2 - 01/01/2015 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020 7.3, 7.4 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020 7.5 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2015, c. 20, Sched. 4, s. 3 - 04/06/2015 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020 7.6-7.12 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020 7.13 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2015, c. 20, Sched. 4, s. 4 - 04/06/2015 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020 7.14-18 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020 7.19 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2015, c. 20, Sched. 4, s. 5 - 04/06/2015 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020 7.20 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 4, s. 1 - 31/03/2012 2019, c. 7, Sched. 5, s. 7 (1) - 18/09/2020 Part iii   Public Reporting of Expense Claim Information
8 (1) Ontario Health, every local health integration network and every hospital shall, in compliance with directives made under subsection (2), post on its public website information about expense claims that is required to be posted under the directives. 2019, c. 5, Sched. 3, s. 2 (10). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 8 (1) of the Act is repealed and the following substituted: (See: 2023, c. 19, s. 17 (4)) Public posting of expenses (1) Ontario Health, the Service Organization and every hospital shall, in compliance with directives made under subsection (2), post on its public website information about expense claims that is required to be posted under the directives. 2023, c. 19, s. 17 (4). Directives (2) The Minister of Health and Long-Term Care may issue directives respecting the information about expense claims that is to be posted on a public website for the purposes of subsection (1).  2010, c. 25, s. 8 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 8 (2) of the Act is repealed and the following substituted: (See: 2023, c. 19, s. 17 (4)) Directives (2) The Minister of Health may issue directives respecting the information about expense claims that is to be posted on a public website for the purposes of subsection (1). 2023, c. 19, s. 17 (4). Same (3) Without limiting the generality of subsection (2), the directives shall provide for, (a)  designation of the individuals, including board members and senior managers, whose expense claim information must be posted; (b)  the information in expense claims that is required to be posted, and the form and manner in which the information is to be posted; (c)  the timing and frequency of when expense claim information must be posted; and (d)  the duration of time for which expense claim information must be posted.  2010, c. 25, s. 8 (3). Section Amendments with date in force (d/m/y) 2019, c. 5, Sched. 3, s. 2 (10) - 06/06/2019; 2019, c. 5, Sched. 3, s. 2 (11) - no effect - see 2023, c. 19, s. 29
- 04/12/2023 2023, c. 19, s. 17 (4)
- not in force
9 (1) The Lieutenant Governor in Council may make regulations establishing rules for public posting of expenses by broader public sector organizations.  2010, c. 25, s. 9 (1). Compliance (2) Every organization to which the regulations apply shall comply with the regulations.  2010, c. 25, s. 9 (2). Part Iv   Expense Claims: Allowable expenses
10 (1) The Management Board of Cabinet may issue directives requiring designated broader public sector organizations to establish expense rules.  2010, c. 25, s. 10 (1). Allowable expense (2) An expense is an allowable expense, and may be reimbursed by a designated broader public sector organization if the expense meets the requirements set out in the rules made under the directives.  2010, c. 25, s. 10 (2). Not allowable expense (3) An expense is not an allowable expense, and shall not be reimbursed by a designated broader public sector organization, if the expense does not meet the requirements set out in the rules made under the directives.  2010, c. 25, s. 10 (3). Examples (4) Without limiting the generality of subsection (1), the directives may require designated broader public sector organizations to establish rules that, (a)  impose restrictions on who may make expense claims, on the types of expenses or the amounts that may be claimed or the circumstances in which the expense claims may be made; (b)  require specified information or documents to be supplied or kept in support of an expense claim; (c)  require the establishment of procedural requirements for making expense claims; and (d)  meet any standards set out in the directives.  2010, c. 25, s. 10 (4). Compliance (5) Every designated broader public sector organization to which the directives apply shall comply with the directives.  2010, c. 25, s. 10 (5).
11 The Management Board of Cabinet may make guidelines with respect to allowable expenses for publicly funded organizations.  2010, c. 25, s. 11. part iv.1   perquisites
11.1 (1) The Management Board of Cabinet may issue directives requiring designated broader public sector organizations to establish rules about perquisites.  2011, c. 9, Sched. 4, s. 1. Allowable perquisite (2) A perquisite is an allowable perquisite, and may be provided by a designated broader public sector organization, if the perquisite meets the requirements set out in the rules made under the directives.  2011, c. 9, Sched. 4, s. 1. Not allowable perquisite (3) A perquisite is not an allowable perquisite, and shall not be provided by a designated broader public sector organization, if the perquisite does not meet the requirements set out in the rules made under the directives.  2011, c. 9, Sched. 4, s. 1. Examples (4) Without limiting the generality of subsection (1), the directives may require designated broader public sector organizations to establish rules that, (a)  impose restrictions on who may receive perquisites, on the types of perquisites or the amounts that may be expended or on the circumstances in which the perquisites may be provided or used; (b)  require specified information or documents to be supplied or kept in support of a perquisite; (c)  require the establishment of procedural requirements for providing or using perquisites; and (d)  meet any standards set out in the directives.  2011, c. 9, Sched. 4, s. 1. Compliance (5) Every designated broader public sector organization to which the directives apply shall comply with the directives.  2011, c. 9, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 4, s. 1 - 02/08/2011
11.2 The Management Board of Cabinet may make guidelines with respect to allowable perquisites for publicly funded organizations.  2011, c. 9, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 4, s. 1 - 02/08/2011 Part V   Procurement Standards
12 (1) The Management Board of Cabinet may issue directives governing the procurement of goods and services by designated broader public sector organizations.  2010, c. 25, s. 12 (1). Same (2) Without limiting the generality of subsection (1), the directives may incorporate by reference a Government of Ontario policy or directive, in whole or in part, as amended from time to time.  2010, c. 25, s. 12 (2). Compliance (3) Every designated broader public sector organization to which the directives apply shall comply with the directives.  2010, c. 25, s. 12 (3).
13 The Management Board of Cabinet may make guidelines with respect to the procurement of goods and services by publicly funded organizations.  2010, c. 25, s. 13. Part V.1   Business Plans
13.1 (1) The Management Board of Cabinet may issue directives requiring designated broader public sector organizations to prepare and publish business plans and any other business or financial documents that the directives may specify. 2014, c.13, Sched. 3, s. 1. Same (2) Without limiting the generality of subsection (1), the directives may, (a)  incorporate by reference a Government of Ontario policy or directive, in whole or in part, as amended from time to time; (b)  specify the form, content and timing of the business plans and other documents; and (c)  specify one or more methods of publishing the business plans and other documents. 2014, c.13, Sched. 3, s. 1. Compliance (3) Every designated broader public sector organization to which the directives apply shall comply with the directives. 2014, c.13, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 3, s. 1 - 01/01/2016
13.2 The Management Board of Cabinet may make guidelines with respect to the preparation and publication by publicly funded organizations of business plans and any other business or financial documents that the guidelines may specify. 2014, c.13, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 3, s. 1 - 01/01/2016 Part Vi   Compliance Reports
15 (1) Every hospital shall prepare attestations attesting to, (a)  the completion and accuracy of reports required on the use of consultants; (b)  compliance with the prohibition on engaging lobbyist services using public funds; (c)  compliance with the expense claim directives issued by the Management Board of Cabinet; (c.1)  compliance with the perquisites directives issued by the Management Board of Cabinet; (d)  compliance with procurement directives issued by the Management Board of Cabinet; and (e)  compliance with directives issued by the Management Board of Cabinet on the preparation and publication of business plans and other business or financial documents. 2010, c. 25, s. 15 (1); 2011, c. 9, Sched. 4, s. 3; 2014, c. 13, Sched. 3, s. 3. Who shall make attestations (2) An attestation must be approved by the hospital’s board, if it has one, and shall be made by, (a)  in the case of a public hospital, the administrator; (b)  in the case of a private hospital, the superintendent; and (c)  in the case of the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa, its chief executive officer.  2010, c. 25, s. 15 (2). Directives (3) The Minister of Health and Long-Term Care may issue directives respecting the attestation, including directives with respect to, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15 (3) of the Act is amended by striking out “The Minister of Health and Long-Term Care” at the beginning of the portion before clause (a) and substituting “The Minister of Health”. (See: 2023, c. 19, s. 17 (6)) (a)  the information that shall be included in the attestations and any other information in relation to the attestations; (b)  to whom the attestations shall be submitted; and (c)  the form, manner and timing of the attestations.  2010, c. 25, s. 15 (3). Compliance (4) Every hospital shall comply with the directives.  2010, c. 25, s. 15 (4). Posting (5) Every hospital shall publicly post the attestations on their website.  2010, c. 25, s. 15 (5). Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 4, s. 3 - 02/08/2011 2014, c. 13, Sched. 3, s. 3 - 01/01/2016 2017, c. 25, Sched. 9, s. 86 (4) - no effect - see 2023, c. 4, Sched. 1, s. 67 - 18/05/2023 2023, c. 19, s. 17 (6)
- not in force
16 (1) The Lieutenant Governor in Council may make regulations requiring broader public sector organizations to file attestations about compliance with the requirements under this Act, and governing the content, form, manner and timing of those attestations.  2010, c. 25, s. 16 (1). Compliance (2) Every organization to which the regulations apply shall comply with the regulations.  2010, c. 25, s. 16 (2). Part vii    Enforcement provisions
17 Every obligation of Ontario Health and of a local health integration network under this Act is deemed to be an obligation they are required to comply with under the terms of an accountability agreement required under the Local Health System Integration Act, 2006 or under the Connecting Care Act, 2019. 2019, c. 5, Sched. 3, s. 2 (16). Note: On a day to be named by proclamation of the Lieutenant Governor, section 17 of the Act is repealed and the following substituted: (See: 2023, c. 19, s. 17 (7)) Ontario Health 17 (1) Every obligation of Ontario Health under this Act is deemed to be an obligation they are required to comply with under the terms of an accountability agreement required under the Connecting Care Act, 2019. 2023, c. 19, s. 17 (7). Service Organization (2) Every obligation of the Service Organization under this Act is deemed to be an obligation they are required to comply with under the terms of a service accountability agreement required under the Connecting Care Act, 2019. 2023, c. 19, s. 17 (7). Section Amendments with date in force (d/m/y) 2019, c. 5, Sched. 3, s. 2 (16) - 06/06/2019; 2019, c. 5, Sched. 3, s. 2 (17) - no effect - see 2023, c. 19, s. 29
- 04/12/2023 2023, c. 19, s. 17 (7)
- not in force
18 Every obligation of a hospital under this Act is deemed to be an obligation it is required to comply with under the terms of the service accountability agreement entered into between the hospital and Ontario Health under the Connecting Care Act, 2019. 2010, c. 25, s. 18; 2019, c. 5, Sched. 3, s. 2 (18, 19). Section Amendments with date in force (d/m/y) 2019, c. 5, Sched. 3, s. 2 (18) - 06/06/2019; 2019, c. 5, Sched. 3, s. 2 (19) - 01/04/2021
19 Every obligation of a broader public sector organization under this Act is deemed to be an obligation it is required to comply with under the terms of every agreement or other funding arrangement between the organization and the Government of Ontario or between the organization and an agency of the Government of Ontario.  2010, c. 25, s. 19.
20 (1) Every employment or other agreement between a hospital, a local health integration network or Ontario Health and a person employed by the hospital, the network or Ontario Health in a senior management position is deemed to contain a term providing that the obligations of the hospital, the network or Ontario Health under this Act are also the obligations of the person employed by the hospital, the network or Ontario Health. 2019, c. 5, Sched. 3, s. 2 (20). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 20 (1) of the Act is repealed and the following substituted: (See: 2023, c. 19, s. 17 (8)) Employment agreements (1) Every employment or other agreement between Ontario Health, the Service Organization or a hospital and a person employed by Ontario Health, the Service Organization or the hospital in a senior management position is deemed to contain a term providing that the obligations of Ontario Health, the Service Organization or the hospital under this Act are also the obligations of the person employed by Ontario Health, the Service Organization or the hospital. 2023, c. 19, s. 17 (8). Reduction in compensation (2) Despite any employment or other agreement, the board of a hospital, a local health integration network or Ontario Health may, in addition to any other remedy under the agreement or at common law, reduce the compensation of a person employed in a senior management position where the board determines that the person has failed to meet a requirement under this Act. 2019, c. 5, Sched. 3, s. 2 (22). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 20 (2) of the Act is repealed and the following substituted: (See: 2023, c. 19, s. 17 (8)) Reduction in compensation (2) Despite any employment or other agreement, the board of Ontario Health, the Service Organization or a hospital may, in addition to any other remedy under the agreement or at common law, reduce the compensation of a person employed in a senior management position where the board determines that the person has failed to meet a requirement under this Act. 2023, c. 19, s. 17 (8). Same, private hospitals (3) Despite any employment or other agreement, the superintendent of a private hospital may, in addition to any other remedy under the agreement or at common law, reduce the compensation of a person employed in a senior management position where the superintendent determines that the person has failed to meet a requirement under this Act. 2019, c. 5, Sched. 3, s. 2 (22). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 20 (3) of the Act is repealed. (See: 2019, c. 5, Sched. 3, s. 2 (24)) Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 9, s. 86 (5) - no effect - see 2019, c. 5, Sched. 3, s. 29 (2) - 18/04/2019 2019, c. 5, Sched. 3, s. 2 (20, 22) - 06/06/2019; 2019, c. 5, Sched. 3, s. 2 (21, 23) - no effect - see 2023, c. 19, s. 29
- 04/12/2023; 2019, c. 5, Sched. 3, s. 2 (24) - not in force 2023, c. 19, s. 17 (8)
- not in force
21 (1) Any provision in an agreement that conflicts with a requirement under Part II, III, IV, IV.1, V.1,VI or this Part is not valid or enforceable by any party to the agreement, whether the agreement was entered into before or after the coming into force of that Part.  2010, c. 25, s. 21 (1); 2011, c. 9, Sched. 4, s. 4; 2014, c. 13, Sched. 3, s. 4. Otherwise valid agreements (2) Nothing in this section affects the validity of any provision in an agreement that does not conflict with a Part of this Act mentioned in subsection (1), or with any right of payment for anything done or provided at a time when the provision was not in conflict with the Part.  2010, c. 25, s. 21 (2). Transitional (3) An agreement entered into before Part V applies to a designated broader public sector organization is not invalid on the basis that the procurement process used by the organization does not comply with any directive issued under that Part.  2010, c. 25, s. 21 (3). Same (4) A directive issued under Part V does not apply to a procurement process where a designated broader public sector organization has issued a request for proposal before the directive applied to the organization.  2010, c. 25, s. 21 (4). Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 4, s. 4 - 02/08/2011 2014, c. 13, Sched. 3, s. 4 - 01/01/2016
22 (1) No cause of action arises against the Crown, or any of the Crown’s ministers, agents, appointees and employees, or an organization subject to this Act, as a direct or indirect result of, (a) the enactment or repeal of any provision of this Act; (b)   the making or revocation of any provision of the regulations, directives or guidelines made under this Act; or (c)  anything done or not done in accordance with this Act or the regulations or the directives or guidelines.  2010, c. 25, s. 22 (1). Same (2) Without limiting the generality of subsection (1), that subsection applies to an action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, including loss of revenue and loss of profit, or any other remedy or relief.  2010, c. 25, s. 22 (2). Proceedings barred (3) No proceeding, including but not limited to any proceeding in contract, restitution, tort, trust, fiduciary obligation or otherwise, that is directly or indirectly based on or related to anything referred to in clause (1) (a), (b) or (c) may be brought or maintained against the Crown or any of the Crown’s ministers, agents, appointees and employees or an organization subject to this Act.  2010, c. 25, s. 22 (3). No judicial review (4) Despite any other Act or law, no person may bring an application for judicial review of a directive issued under Part V or a procurement process undertaken under a directive.  2010, c. 25, s. 22 (4). Rights preserved (5) Subsections (1), (2), (3) and (4) do not prevent the Attorney General from bringing an application or commencing proceedings to require an organization subject to this Act to comply with this Act and its regulations and directives.  2010, c. 25, s. 22 (5). Same (6) Subsections (1), (2), (3) and (4) do not prevent the enforcement of an agreement or funding arrangement referred to in sections 17, 18 and 19.  2010, c. 25, s. 22 (6).