jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) The Minister may, in writing, delegate any of the Minister’s powers or duties under this Act or any other Act for which the Minister is responsible, other than the power to make regulations, to the Agency, and may make such a delegation subject to any conditions that the Minister considers appropriate. Deeming (2) Where the Minister has made a delegation under subsection (1), a reference in an Act or the regulations to the Minister is deemed, with respect to the power or duty that has been delegated, to be a reference to the Agency. PART II 
The Agency Continuation and Application
3 (1) The corporation that was incorporated under the Corporations Act under the name Health Program Initiatives in English and Initiatives pour les programmes de santé in French on January 18, 2019 is continued as a corporation without share capital under the name Ontario Health in English and Santé Ontario in French. Extinguishment of letters patent (2) The letters patent issued to constitute the corporation continued under subsection (1) are extinguished.
4 The Agency is an agent of the Crown and may exercise its powers only as an agent of the Crown. Application of other Acts
5 (1) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Agency, except as prescribed. 2019, c. 5, Sched. 1, s. 5 (1); 2019, c. 5, Sched. 1, s. 49 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 5 (1) of the Act is amended by adding “Subject to section 14” at the beginning. (See: 2023, c. 19, s. 2) Charities Accounting Act (2) The Charities Accounting Act does not apply to the Agency, except in respect of property held in trust for specified charitable purposes. 2019, c. 5, Sched. 1, s. 5 (2). No charitable property (3) The property of the Agency is not charitable property. 2019, c. 5, Sched. 1, s. 5 (3). Non-application of single employer rule (4) Subsection 1 (4) of the Labour Relations Act, 1995 does not apply to the Agency. 2019, c. 5, Sched. 1, s. 5 (4). Section Amendments with date in force (d/m/y) 2019, c. 5, Sched. 1, s. 49 (3) - 15/11/2021 2023, c. 19, s. 2
- not in force Objects and General Powers
6 The objects of the Agency are, (a) to implement the health system strategies developed by the Ministry; (b) to manage health service needs across Ontario consistent with the Ministry’s health system strategies to ensure the quality and sustainability of the Ontario health system through, (i) health system operational management and co-ordination, (ii) health system performance measurement and management, evaluation, monitoring and reporting, (iii) health system quality improvement, (iv) clinical and quality standards development for patient care and safety, (v) knowledge dissemination, (vi) patient engagement and patient relations, (vii) digital health, information technology and data management services, and (viii) support of health care practitioner recruitment and retention; Note: On a day to be named by proclamation of the Lieutenant Governor, section 6 of the Act is amended by adding the following clause: (See: 2023, c. 19, s. 3) (b.0.1) to provide oversight of the Service Organization in a manner consistent with the health system strategies set by the Ministry; (b.1) to support, through its Mental Health and Addictions Centre of Excellence, the mental health and addictions strategy provided for under the Mental Health and Addictions Centre of Excellence Act, 2019; (b.2) to support or undertake any functions, powers or duties that may be conferred on the Agency, or an employee of the Agency, under the Integrated Community Health Services Centres Act, 2023; (c) to plan, co-ordinate, undertake and support activities related to tissue donation and transplantation in accordance with the Gift of Life Act; (d) to support the patient ombudsman in carrying out their functions in accordance with the Excellent Care for All Act, 2010; (e) to support or provide supply chain management services to health service providers and related organizations; (f) to provide advice, recommendations and information to the Minister and other participants in the Ontario health care system in respect of issues related to health care that the Minister may specify; (g) to promote health service integration to enable appropriate, co-ordinated and effective health service delivery; (h) to respect the diversity of communities and the requirements of the French Language Services Act in carrying out its objects; and (i) any other prescribed objects. 2019, c. 5, Sched. 1, s. 6, 49 (4); 2019, c. 17, Sched. 1, s. 6 (1); 2023, c. 4, Sched. 1, s. 69 (2). Section Amendments with date in force (d/m/y) 2019, c. 5, Sched. 1, s. 49 (4) - 02/04/2021; 2019, c. 17, Sched. 1, s. 6 (1) - 18/02/2020 2023, c. 4, Sched. 1, s. 69 (2) - 25/09/2023; 2023, c. 19, s. 3 - not in force
7 (1) Except as limited by this Act, the Agency has the capacity, rights and powers of a natural person for carrying out its objects. Use of revenue (2) The Agency shall carry out its operations without the purpose of gain and shall not use its revenue, including all money or assets it receives by grant, contribution or otherwise, for any purpose other than to further its objects. Cabinet approval (3) The Agency shall not exercise the following powers without the approval of the Lieutenant Governor in Council: 1. Acquiring, disposing, leasing, mortgaging, charging, hypothecating or otherwise transferring or encumbering any interest in real property, except for leasing space that is reasonably necessary for the purposes of the Agency. 2. Borrowing or lending money. 3. Investing its money. 4. Pledging, charging or encumbering any of its personal property. 5. Creating a subsidiary. 6. Generating revenue. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 6 of subsection 7 (3) of the Act is repealed and the following substituted: (See: 2023, c. 19, s. 4 (1)) 6. Generating revenue or otherwise receiving money or assets from any person or entity except the Crown in right of Ontario, with the exception of money or assets that are received pursuant to a transfer order under this Act. 7. Receiving money or assets from any person or entity except the Crown in right of Ontario, with the exception of money or assets that are received pursuant to a transfer order under this Act. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 7 of subsection 7 (3) of the Act is repealed. (See: 2023, c. 19, s. 4 (1)) 8. Doing anything else that is prescribed as being a power that the Agency may not exercise without such approval. Approval of Minister (4) The Agency shall not exercise the following powers without the approval of the Minister: 1. Making charitable donations except as authorized by this Act. 2. Applying for or obtaining registration as a registered charity under the Income Tax Act (Canada). 3. Acting in association with a person or entity that conducts any fundraising activities or programs, directly or indirectly, for the Agency. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of subsection 7 (4) of the Act is repealed and the following substituted: (See: 2023, c. 19, s. 4 (2)) 3. Conducting fundraising activities or acting in association with a person or entity that conducts any fundraising activities or programs, directly or indirectly, for the Agency or the Service Organization. 4. Entering into an agreement with any person, entity or government for the provision of services outside Ontario. 5. Entering into an agreement with any government or government agency outside Ontario, including the Government of Canada or the government of a province or territory of Canada. No political donations (5) The Agency shall not make any political donations. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 4 (1, 2) - not in force Board of Directors, Chief Executive Officer and Employees
8 (1) The Agency shall consist of not more than 15 members appointed by the Lieutenant Governor in Council who shall form the board of directors of the Agency. Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 of the Act is amended by adding the following subsection: (See: 2023, c. 19, s. 5) Eligibility (1.1) A director, officer or employee of the Service Organization is not eligible to be appointed to, or to remain a member of, the Agency’s board of directors. 2023, c. 19, s. 5. Term (2) Subject to subsection (3), the following provisions apply respecting the term of members of the board of directors of the Agency: 1. Each member shall hold office for a term of up to three years at the pleasure of the Lieutenant Governor in Council and may be reappointed for any number of terms of up to three years. 2. Despite paragraph 1, no person may be a member for more than six years in total. 3. Despite paragraph 2, a member who is designated as chair under subsection (6) after serving at least three years as a member may be appointed for one further term of up to three years while designated as chair. Termination (3) A member ceases to be a member of the Agency if, before the term of the member expires, (a) the Lieutenant Governor in Council revokes the member’s appointment; or (b) the member dies, resigns as a member of the board of directors or becomes a bankrupt. Successor’s term (4) If a person ceases to be a member of the board of directors before the term of the member expires, the first term of the person’s successor shall be for the remainder of the first person’s term. Expenses (5) The members of the Agency shall receive the remuneration and reimbursement for reasonable expenses that the Lieutenant Governor in Council determines. Chair and vice-chairs (6) Subject to subsection (10), the Lieutenant Governor in Council shall designate a chair and at least one vice-chair from among the members of the board of directors. Chair’s role (7) The chair shall preside over the meetings of the board of directors. Absence of chair (8) If the chair is absent or otherwise unable to act or if the office is vacant, a vice-chair has all the powers and shall perform the duties of the chair. Absence of chair and vice-chairs (9) In the absence of the chair and the vice-chairs, a director that the board of directors designates shall act as the chair. Where no designation (10) If the Lieutenant Governor in Council has not designated a chair or a vice-chair, the members of the board of directors may select a chair or vice-chair from among their members to hold office as provided for by by-law, until such time as the Lieutenant Governor in Council makes a designation. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 5 - not in force
9 (1) The board of directors of the Agency shall meet regularly throughout the year and in any event shall hold at least four meetings in each calendar year. Quorum (2) A majority of the board of directors constitutes a quorum for the conduct of the business of the board.
10 (1) The Agency shall appoint and employ a chief executive officer. Role (2) The chief executive officer is responsible for the management and administration of the affairs of the Agency, subject to the supervision and direction of its board of directors. Restriction (3) The chief executive officer shall not be a member of the board of directors of the Agency. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 10 (3) of the Act is repealed and the following substituted: (See: 2023, c. 19, s. 6) Restriction (3) The chief executive officer shall not be a member of the board of directors of the Agency or the Service Organization and shall not be an officer of the Service Organization. 2023, c. 19, s. 6. Transition (4) A chief executive officer who held office in the corporation that was incorporated under the Corporations Act under the name Health Program Initiatives in English and Initiatives pour les programmes de santé in French immediately before the coming into force of this section continues to hold that office in the Agency until their position otherwise ends. Remuneration (5) The Minister may fix ranges for the salary or other remuneration and benefits of a chief executive officer and the Agency shall provide a salary or other remuneration and benefits to its chief executive officer within the ranges, if any, that the Minister fixes. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 6 - not in force
11 (1) The chief executive officer may appoint such employees as are considered necessary for the proper conduct of the affairs of the Agency. Same (2) Any employees who were employed by the corporation that was incorporated under the Corporations Act
under the name Health Program Initiatives in English and Initiatives pour les programmes de santé in French immediately before the coming into force of this section continue to be employees of the Agency until their employment otherwise ends. Affairs of the Agency
12 (1) Subject to this Act, the board of directors of the Agency shall manage or supervise the management of the activities and affairs of the corporation. Delegation (2) Subject to subsection (3), the board of directors may delegate any of its powers or duties under this Act or any other Act to such employees of the Agency as the board considers appropriate and may impose conditions and restrictions with respect to the delegation. Restrictions (3) The board shall not delegate, (a) the power to appoint investigators under section 26; or (b) any other power or duty that may be prescribed.
13 (1) Subject to subsections (4) and (5), the board of directors may make by-laws and pass resolutions regulating its proceedings and generally for the conduct and management of the affairs of the Agency, including establishing committees. Officers (2) Without limiting the generality of subsection (1), the board of directors may make by-laws or pass resolutions to appoint officers and assign to them such powers and duties as the board considers appropriate. Committees (3) The board of directors of the Agency shall, (a) establish, by by-law, the committees of the board that the Minister, by regulation, specifies; (b) appoint as members of those committees the persons who meet the qualifications, if any, that the Minister specifies in the regulation; and (c) ensure that those committees operate in accordance with the other requirements, if any, that the Minister specifies in the regulation. Minister’s approval (4) The Minister may require the board of directors to submit a proposed by-law to the Minister for approval before making the by-law concerned and if so, the board shall not make the by-law concerned until the Minister approves it. Same, after making (5) The Minister may require the board of directors to submit a by-law to the Minister for approval and if so, (a) the by-law concerned ceases to be effective from the time that the Minister imposes the requirement until the Minister approves the by-law; (b) anything that the board has done in compliance with the by-law concerned before the Minister imposes the requirement is valid; and (c) the board may do anything that, before the Minister imposes the requirement, it has agreed to do. Liability, Indemnification and Judgments
14 (1) Subject to subsection (2), subsection 134 (1) and section 136 of the Business Corporations Act apply with necessary modifications to the Agency, its board of directors and its officers. Approval of indemnity (2) The Agency shall not give an indemnity under section 136 of the Business Corporations Act to any person unless the indemnity has been approved in accordance with section 28 of the Financial Administration Act. Note: On a day to be named by proclamation of the Lieutenant Governor, section 14 of the Act is repealed and the following substituted: (See: 2023, c. 19, s. 7) Duty of care and indemnification 14 (1) Subject to subsection (2), subsection 43 (1) and section 46 of the Not-for-Profit Corporations Act, 2010 apply, with necessary modifications, to the Agency, its board of directors and its officers. 2023, c. 19, s. 7. Approval of indemnity (2) The Agency shall not give an indemnity under section 46 of the Not-for-Profit Corporations Act, 2010 to any person unless the indemnity has been approved in accordance with section 28 of the Financial Administration Act. 2023, c. 19, s. 7. Section Amendments with date in force (d/m/y) 2023, c. 19, s. 7 - not in force
15 The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against the Agency that remains unpaid after the Agency has made all reasonable efforts, including liquidating its assets, to pay the amount of the judgment. Fiscal year and Audits
16 The fiscal year of the Agency commences on April 1 in each year and ends on March 31 of the following year.
17 (1) The accounts and financial transactions of the Agency shall be audited annually by the Auditor General. Other audits (2) In addition to the requirement for an annual audit, (a) the Minister may, at any time, review or audit any aspect of the operations of the Agency; and (b) the Auditor General may, at any time, audit any aspect of the operations of the Agency. PART iii 
Funding and Accountability
18 (1) The Minister may provide funding to the Agency on the terms and conditions that the Minister considers appropriate. Savings (2) When determining the funding to be provided to the Agency under subsection (1) for a fiscal year, the Minister shall consider whether to adjust the funding to take into account a portion of any savings from efficiencies that the Agency generated in the previous fiscal year and that the Agency proposes to spend on patient care in subsequent fiscal years in accordance with the accountability agreement.
19 (1) The Minister and the Agency shall enter into an accountability agreement. Accountability agreement (2) The accountability agreement shall be for more than one fiscal year and shall include, (a) performance goals and objectives for the Agency; (b) performance standards, targets and measures for the Agency; (c) requirements for the Agency to report on the performance of the Agency; (d) a plan for spending the funding that the Agency receives under section 18, which spending shall be in accordance with the appropriation from which the Minister has provided the funding to the Agency; (e) a progressive performance management process for the Agency; and (f) all other prescribed matters, if any. If no agreement (3) If the Minister and the Agency are unable to conclude an accountability agreement through negotiations, the Minister may set the terms of the agreement, which shall include the matters set out in clauses (2) (a) to (f). Reports to Minister (4) The Agency shall provide to the Minister, within the time and in the form that the Minister specifies, the plans, reports, financial statements, including audited financial statements, and information, other than personal health information, that the Minister requires for the purposes of administering this Act. Publication (5) The Agency shall publish a current copy of the accountability agreement on its website.
20 (1) Where the Minister considers it to be in the public interest to do so, the Minister may issue directives to any or all of the following: 1. The Agency. 2. A person or entity that receives funding from the Agency under section 21. Restriction (2) The Minister shall not issue a directive under subsection (1) that unjustifiably as determined under section 1 of the Canadian Charter of Rights and Freedoms requires a religious organization to provide a service that is contrary to the religion related to the organization. Binding (3) The Agency or person or entity shall comply with every directive of the Minister. General or particular (4) A directive of the Minister may be general or particular in its application. Non-application of Legislation Act, 2006 (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to directives of the Minister. Public availability (6) The Minister shall publish every directive under this section on a website. Law prevails (7) For greater certainty, in the event of a conflict between a directive issued under this section and a provision of any applicable Act or rule of any applicable law, the Act or rule prevails.
21 (1) The Agency may provide funding to a health service provider or Ontario Health Team in respect of health services that the provider or Team provides. 2019, c. 5, Sched. 1, s. 21 (1); 2020, c. 13, Sched. 1, s. 2 (1, 2, 4, 14). Home and community care services (1.1) The Agency may provide funding to a health service provider or Ontario Health Team for the purpose of the provider or Team providing funding to or on behalf of an individual to purchase home and community care services. 2020, c. 13, Sched. 1, s. 3. Non-health services (2) The Agency may provide funding to a health service provider, Ontario Health Team or other person or entity in respect of non-health services that support the provision of health care. 2019, c. 5, Sched. 1, s. 21 (2); 2020, c. 13, Sched. 1, s. 2 (1, 4). Terms and conditions (3) The funding that the Agency provides under this section shall be on the terms and conditions that the Agency considers appropriate and in accordance with the funding that the Agency receives under section 18, the Agency’s accountability agreement and the prescribed requirements, if any. 2019, c. 5, Sched. 1, s. 21 (3). Assignment of agreements (4) The Minister may assign to the Agency or another person or entity the Minister’s rights and obligations under all or part of an agreement between the Minister and any of the persons and entities described in paragraph 1, 2, or 3, including an agreement to which a person or entity that is not described in those paragraphs is a party: 1. A health service provider. 2. An Ontario Health Team. 3. A person or entity that supports the provision of health care. 2019, c. 5, Sched. 1, s. 21 (4); 2020, c. 13, Sched. 1, s. 2 (1, 4). Termination date (5) In an assignment under subsection (4), the Minister may provide that the agreement, or the part of it assigned, terminates on the earliest of, (a) the date set out in the agreement; (b) the date that the Agency and the health service provider, Ontario Health Team or person or entity that supports the provision of health care enter into a service accountability agreement; and (c) the date, as the Minister specifies, that the Agency and the health service provider, Ontario Health Team or person or entity that supports the provision of health care have to enter into a service accountability agreement. 2019, c. 5, Sched. 1, s. 21 (5); 2020, c. 13, Sched. 1, s. 2 (1, 5). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 2, 4, 5, 14) - 08/07/2020; 2020, c. 13, Sched. 1, s. 3 - 01/05/2022
22 (1) Where the Agency proposes under section 21 to provide funding to a delivery organization, the Agency and the delivery organization shall enter into a service accountability agreement. 2019, c. 5, Sched. 1, s. 22 (1). Notification required (2) The Agency shall notify a delivery organization that it intends to enter into a service accountability agreement with the delivery organization. 2019, c. 5, Sched. 1, s. 22 (2). Negotiation (3) After being notified under subsection (2), the parties shall seek to negotiate the terms and conditions of the service accountability agreement. 2019, c. 5, Sched. 1, s. 22 (3). Where agreement cannot be negotiated (4) If the parties have not negotiated a service accountability agreement within 90 days of the notice under subsection (2), then, if the Agency considers it in the public interest to do so, the Agency may deliver a notice of offer to the delivery organization setting out the terms of the proposed service accountability agreement, and the Agency shall notify the Minister of that offer. 2019, c. 5, Sched. 1, s. 22 (4). Continued negotiations (5) The delivery organization and the Agency shall continue their negotiations to reach an agreement as soon as practicable after the notice of offer under subsection (4) has been sent by the Agency. 2019, c. 5, Sched. 1, s. 22 (5). Deemed acceptance (6) If the Agency and the delivery organization have not reached a negotiated agreement within 60 days after the notice of offer under subsection (4) was sent by the Agency, the notice of offer under subsection (4) shall be deemed to be the service accountability agreement between the Agency and the delivery organization, and the Agency and the delivery organization shall comply with that agreement. 2019, c. 5, Sched. 1, s. 22 (6). Changes on consent (7) The Agency and the delivery organization may agree in writing to modify any of the provisions set out in subsection (4), (5) or (6), including to override or waive any of these provisions or to set out a different process for reaching a service accountability agreement, and, if they do so, they shall notify the Minister of such an agreement and the Agency shall post such an agreement on its website. 2019, c. 5, Sched. 1, s. 22 (7). Saving (8) Nothing in subsection (4), (5) or (6) prevents the Agency and the delivery organization from negotiating a service accountability agreement during the time periods set out in those subsections. 2019, c. 5, Sched. 1, s. 22 (8). Amending agreements (9) This section applies to any proposal to amend any service accountability agreement with any necessary changes. 2019, c. 5, Sched. 1, s. 22 (9). Definition (10) In this section, “delivery organization” means a health service provider, Ontario Health Team or other person or entity that may be funded by the Agency under section 21. 2019, c. 5, Sched. 1, s. 22 (10); 2020, c. 13, Sched. 1, s. 2 (1, 4). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 4) - 08/07/2020
23 (1) None of the following shall enter into any agreement or other arrangement that restricts or prevents an individual from receiving services based on the geographic area in Ontario in which the individual resides: 1. The Agency. 2. A health service provider. 3. An Ontario Health Team. 4. Any other person or entity that receives funding under section 21. 2019, c. 5, Sched. 1, s. 23 (1); 2020, c. 13, Sched. 1, s. 2 (1, 4). Geographic restrictions for home and community care services (2) For greater certainty, subsection (1) applies to a service accountability agreement in respect of funding provided by the Agency for the delivery of services by a health service provider, an Ontario Health Team or other person or entity under section 22, but it does not apply to any agreement entered into under section 21 with respect to home and community care services that requires a health service provider or Ontario Health Team to deliver services in a specified geographic area in Ontario. 2020, c. 13, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 4) - 08/07/2020; 2020, c. 13, Sched. 1, s. 4 - 01/05/2022
23.1 (1) If a health service provider or Ontario Health Team provides a home and community care service to an individual, the provider or Team shall not require payment from the individual for the service and shall not accept a payment made by or on behalf of the individual for the service, except as provided for in the regulations. 2020, c. 13, Sched. 1, s. 5. Same (2) If a health service provider or Ontario Health Team purchases a home and community care service from a person or entity, the person or entity shall not require or accept payment for the service from anyone other than the health service provider or Ontario Health Team. 2020, c. 13, Sched. 1, s. 5. Exception (3) Despite subsection (2), the person or entity may collect payments on behalf of the health service provider or Ontario Health Team if it does so in accordance with the regulations made for the purposes of subsection (1). 2020, c. 13, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 5 - 01/05/2022
24 The Agency may at any time direct that any person or entity that receives funding from the Agency under section 21, (a) engage or permit one or more auditors licensed under the Public Accounting Act, 2004 to audit the accounts and financial transactions of the person or entity; or (b) engage in or permit an operational review or peer review of the activities of the person or entity.
25 (1) The Agency may require that any person or entity to which the Agency provides funding or proposes to provide funding under section 21 provide to the Agency the plans, reports, financial statements, including audited financial statements, and other information, other than personal health information, that the Agency requires for the purposes of exercising its powers and duties under this Act or for the purposes that are prescribed. Form of reports (2) A person or entity that is required to provide plans, reports, financial statements or information under subsection (1) shall provide them within the time and in the form that the Agency specifies. Disclosure of information (3) The Agency may disclose information that it collects under this Act, other than personal health information, to the Minister, if the Minister requires the information for the purposes of exercising powers and duties under this Act.
28 In this Part, “facilitation decision” means a decision of the Agency under section 32; (“décision de facilitation”) “integration decision” means, (a) a facilitation decision, (b) an integration order by the Minister under section 33, or (c) a decision by the Minister under subsection 35 (8) that orders a health service provider or Ontario Health Team not to proceed with the integration described in the decision. (“décision d’intégration”) 2019, c. 5, Sched. 1, s. 28; 2020, c. 13, Sched. 1, s. 2 (1, 4). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 4) - 08/07/2020 Ontario Health Teams
29 (1) The Minister may, subject to any terms and conditions that the Minister determines, designate as an Ontario Health Team a person or entity, or a group of persons or entities, that has the ability to deliver, in an integrated and co-ordinated manner, at least three of the following types of services, or such higher number of types of services as may be prescribed: 1. Hospital services. 2. Primary care services. 3. Mental health or addictions services. 4. Home and community care services. 5. Long-term care home services. 6. Palliative care services. 7. Any other prescribed health care service or non-health service that supports the provision of health care services. 2023, c. 19, s. 10. Restriction (2) The Minister shall not make a designation under subsection (1) unless any additional requirements that may be prescribed have been met. 2023, c. 19, s. 10. Terms or conditions (2.1) An Ontario Health Team shall comply with any terms or conditions that apply to its designation. 2023, c. 19, s. 10. Revocation or amendment of designation (2.2) The Minister may revoke or amend a designation made under subsection (1) at any time. 2023, c. 19, s. 10. Restriction (2) The Minister shall not make a designation under subsection (1) unless, (a) the person, entity or group of persons or entities has the ability to deliver, in an integrated and co-ordinated manner, at least three of the following types of services: (i) hospital services, (ii) primary care services, (iii) mental health or addictions services, (iv) home and community care services, (v) long-term care home services, (vi) palliative care services, (vii) any other prescribed health care service or non-health service that supports the provision of health care services; and (b) any prescribed conditions or requirements have been met. 2019, c. 5, Sched. 1, s. 29 (2); 2020, c. 13, Sched. 1, s. 9. Ontario Health Teams, constituents (3) Any obligation, power or decision that, under this Act, applies to an Ontario Health Team applies to, and is binding on, each constituent person or entity of the Ontario Health Team to the extent necessary to make the obligation, power or decision practicable and effective. 2019, c. 5, Sched. 1, s. 29 (3); 2020, c. 13, Sched. 1, s. 2 (1, 4, 6, 15). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 4, 9, 15) - 08/07/2020; 2020, c. 13, Sched. 1, s. 9 - 01/05/2022 2023, c. 19, s. 10
- 04/12/2023 Integration
30 The Agency and each health service provider and Ontario Health Team shall separately and in conjunction with each other identify opportunities to integrate the services of the health system to provide appropriate, co-ordinated, effective and efficient services. 2019, c. 5, Sched. 1, s. 30; 2020, c. 13, Sched. 1, s. 2 (1, 10). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 10) - 08/07/2020
31 The Agency may integrate the health system by, (a) providing or changing funding to a health service provider or Ontario Health Team under section 21; or (b) facilitating and negotiating, (i) the integration of persons or entities where at least one of the persons or entities is a health service provider or Ontario Health Team, or (ii) the integration of services between health service providers or Ontario Health Teams or between a provider or a Team and a person or entity that is not a provider or a Team, but which supports the provision of health care. 2019, c. 5, Sched. 1, s. 31; 2020, c. 13, Sched. 1, s. 2 (1, 2, 4, 6, 11). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 2, 4, 6, 11) - 08/07/2020
32 The Agency shall issue a facilitation decision when, (a) the Agency facilitates or negotiates, (i) the integration of persons or entities where at least one of the persons or entities is a health service provider or an Ontario Health Team, or (ii) the integration of services between health service providers or Ontario Health Teams or between a health service provider or Ontario Health Team and a person or entity that is neither a health service provider nor an Ontario Health Team but which supports the provision of health care; and (b) the parties reach an agreement with respect to the integration. 2019, c. 5, Sched. 1, s. 32; 2020, c. 13, Sched. 1, s. 2 (1, 4, 6, 11). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 4, 6, 11) - 08/07/2020
34 (1) No integration decision shall permit a transfer of services that results in a requirement for an individual to pay for those services, except as otherwise permitted by law. Form of decision (2) An integration decision shall set out, (a) the purpose and nature of the integration or proposed integration; (b) the parties to the decision; (c) the actions that the parties to the decision are required to take or not to take, including any time period for doing so; (d) a requirement that the parties to the decision develop a human resources adjustment plan in respect of the integration; (e) the effective date of all transfers of services involved in the integration, if any; and (f) any other matter that the Agency or the Minister, as the case may be, considers relevant. Notice of decision (3) On issuing an integration decision, the Agency or the Minister, as the case may be, shall give the decision to the parties to the decision and publish it on a website. Non-application of other Act (4) The Statutory Powers Procedure Act does not apply to an integration decision. Not a regulation (5) An integration decision is not a regulation as defined in Part III (Regulations) of the Legislation Act, 2006. Amendment and revocation, Agency (6) The Agency may amend or revoke a facilitation decision and, (a) subsections (1) to (5) apply to an amendment, with necessary modifications; and (b) subsections (2) to (5) apply to a revocation, with necessary modifications. Amendment and revocation, Minister (7) The Minister may amend or revoke an integration order under section 33 and, (a) section 33 and subsections (1) to (5) of this section apply to an amendment, with necessary modifications; and (b) subsections (2) to (5) of this section apply to a revocation, with necessary modifications.
36 (1) A person or entity that is a party to an integration decision shall comply with it. 2019, c. 5, Sched. 1, s. 36 (1). Corporate powers (2) Despite any Act, regulation or other instrument related to the corporate governance of a corporation that is subject to an integration decision, including the Business Corporations Act, the Not-for-Profit Corporations Act, 2010, any articles of incorporation, any letters patent, any supplementary letters patent or any by-laws, the corporation shall be deemed to have the necessary powers to comply with the decision, and for greater certainty, a corporation shall comply with an integration decision despite any requirement for any meeting or approval of any member, shareholder or director of a corporation under any Act, regulation, or other instrument related to the corporate governance of the corporation. 2019, c. 5, Sched. 1, s. 36 (2); 2019, c. 5, Sched. 1, s. 49 (6). Court order (3) The Minister may apply to the Superior Court of Justice for an order directing a person or entity that is a party to an integration decision to comply with it. 2019, c. 5, Sched. 1, s. 36 (3). Section Amendments with date in force (d/m/y) 2019, c. 5, Sched. 1, s. 49 (6) - 15/11/2021
37 (1) If an integration decision directs a health service provider or Ontario Health Team to transfer to a transferee property that it holds for a charitable purpose, all gifts, trusts, bequests, devises and grants of property that form part of the property being transferred shall be deemed to be gifts, trusts, bequests, devises and grants of property to the transferee. 2019, c. 5, Sched. 1, s. 37 (1); 2020, c. 13, Sched. 1, s. 2 (1, 4, 21). Specified purpose (2) If a will, deed or other document by which a gift, trust, bequest, devise or grant mentioned in subsection (1) is made indicates that the property being transferred is to be used for a specified purpose, the transferee shall use it for the specified purpose. 2019, c. 5, Sched. 1, s. 37 (2). Application (3) Subsections (1) and (2) apply whether the will, deed or document by which the gift, trust, bequest, devise or grant is made, is made before or after this section comes into force. 2019, c. 5, Sched. 1, s. 37 (3). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 4, 21) - 08/07/2020 38 Repealed: 2019, c. 7, Sched. 53, s. 9 (3). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 53, s. 9 (3) - 29/05/2019 PART V 
Transfers
39 In this Part, “transfer” means a transfer pursuant to an order under subsection 40 (1); (“transfert”) “transfer recipient” means the Agency, health service provider or Ontario Health Team to which assets, liabilities, rights, obligations or employees are being transferred pursuant to an order under subsection 40 (1); (“destinataire du transfert”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “transfer recipient” in section 39 of the Act is amended by striking out “the Agency, health service provider” and substituting “the Agency, the Service Organization, health service provider”. (See: 2023, c. 19, s. 11) “transferor” means an organization from which assets, liabilities, rights, obligations or employees are being transferred pursuant to an order under subsection 40 (1). (“auteur du transfert”) 2019, c. 5, Sched. 1, s. 39; 2020, c. 13, Sched. 1, s. 2 (1, 8). Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 2 (1, 8) - 08/07/2020 2023, c. 19, s. 11
- not in force
42 (1) Persons who are employees of a transferor immediately before the transfer become employees of the transfer recipient as of the date of the transfer. Same (2) For all purposes, the employment of the employees described in subsection (1) immediately before and after the transfer is continuous. Same (3) For all purposes, including the purposes of an employment contract, a collective agreement and the Employment Standards Act, 2000, the employment of the employees described in subsection (1) of this section is not terminated or severed and those employees are not constructively dismissed because of the transfer. Terms of employment (4) All rights, duties and liabilities relating to all employees and former employees of a transferor that are vested in or bind the transferor immediately before the effective date of the transfer are vested in or bind the transfer recipient instead of the transferor immediately after the transfer.
43 (1) The Minister may make an order to dissolve an organization that is listed in subsection 40 (2). 2019, c. 5, Sched. 1, s. 43 (1). Dissolution of organization (2) If the Minister makes an order under subsection (1), the organization affected by the order is dissolved as of the date specified in the order, despite any requirement that would otherwise apply under any other Act. 2019, c. 5, Sched. 1, s. 43 (2). Members terminated (3) The persons who are the members of the organization affected by the order immediately before the dissolution cease to be members on the day of the dissolution. 2019, c. 5, Sched. 1, s. 43 (3). Directors terminated (4) The terms of office of the directors and officers of the organization affected by the order who are in office immediately before its dissolution are terminated on the day of the dissolution. 2019, c. 5, Sched. 1, s. 43 (4); 2023, c. 19, s. 13 (1). Filings (5) The chair and chief executive officer of the transfer recipient shall make any filings or reports that the organization may have made or that it would have been required to make before its dissolution, and the chair and chief executive officer are deemed to have all the rights of a member, director or officer of the organization to make the filings or reports. 2019, c. 5, Sched. 1, s. 43 (5). No change of control (6) The dissolution of an organization affected by the order shall not constitute a change of control of the organization in respect of its assets, liabilities, rights or obligations. 2019, c. 5, Sched. 1, s. 43 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, section 43 of the Act is amended by adding the following subsection: (See: 2023, c. 19, s. 13 (2)) No application to Service Organization (7) An order may not be made under this section to dissolve the Service Organization. 2023, c. 19, s. 13 (2). Section Amendments with date in force (d/m/y) 2023, c. 19, s. 13 (1)
- 04/12/2023; 2023, c. 19, s. 13 (2)
- not in force Part V.1   Enforcement and Penalties
43.1 No person or entity shall, or shall attempt to, hinder, obstruct or interfere with an investigator in the exercise of the investigator’s powers or the performance of their duties under this Act. 2020, c. 13, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 10 - 08/07/2020
43.2 (1) No person or entity shall orally, in writing or electronically, give or furnish by any means false or misleading information to an investigator who is conducting an investigation under this Act. 2020, c. 13, Sched. 1, s. 10. Same (2) No person or entity shall include false or misleading information in any plans, reports, financial statements, including audited financial statements, and other information that is required to be provided to the Agency under section 25. 2020, c. 13, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 10 - 08/07/2020
43.3 No person or entity shall refuse to provide, (a) information to an investigator who is conducting an investigation under this Act; or (b) anything that the Agency has required to be provided under section 25. 2020, c. 13, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 10 - 08/07/2020
43.4 No person or entity shall use or represent themselves as being entitled to use the title “Ontario Health Team” or an abbreviation of that title, an equivalent in another language or a title that could reasonably be confused with that title unless, (a) they have been designated as an Ontario Health Team under section 29; or (b) they have received a written authorization from the Minister authorizing the use of the title “Ontario Health Team”. 2020, c. 13, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 10 - 08/07/2020
43.5 (1) If the Minister has grounds to believe that a person or entity has failed to comply with section 43.1, 43.2, 43.3 or 43.4, the Minister may make an order requiring the person or entity to do anything, or refrain from doing anything, to correct the non-compliance. 2020, c. 13, Sched. 1, s. 10. Submissions (2) The person or entity to whom the order is directed may, within 14 days after the order is served, provide submissions to the Minister as to how they are, in fact, in compliance with the prohibition or as to the actions they have taken to come within compliance. 2020, c. 13, Sched. 1, s. 10. Reconsideration by Minister (3) After considering the submissions, the Minister shall confirm or rescind the compliance order and serve on the person or entity a notice of the decision. 2020, c. 13, Sched. 1, s. 10. Compliance (4) A person or entity to whom a compliance order is directed shall comply with it unless the Minister rescinds it. 2020, c. 13, Sched. 1, s. 10. Service (5) Any notice, order or other document under this section is sufficiently served on a person or entity if it is, (a) served personally on the person or entity or on a person who appears to be engaged in the administration, operation or control of the place of business of the person or entity; (b) sent by registered mail to the last known address for the place of business of the person or entity; or (c) delivered in another manner that may be prescribed. 2020, c. 13, Sched. 1, s. 10. When service deemed made (6) A notice, order or other document shall be deemed to be served, (a) on the day of delivery where service is made personally; (b) on the third day after the day of mailing where service is made by registered mail; and (c) as provided for in the regulations if it is delivered in another manner that may be prescribed. 2020, c. 13, Sched. 1, s. 10. Non-application of SPPA (7) The Statutory Powers Procedure Act does not apply to the making, confirmation or rescission of a compliance order under this section. 2020, c. 13, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 10 - 08/07/2020
43.6 (1) If it appears to the Minister that a person or entity is not complying with section 43.1, 43.2, 43.3 or 43.4 or a compliance order issued under section 43.5, the Minister may apply to the Superior Court of Justice, on notice to the person or entity, for an order directing the person or entity to comply and, on the application, the court may make the order that the court thinks fit. 2020, c. 13, Sched. 1, s. 10. Same (2) Subsection (1) applies in addition to the power to issue compliance orders, and the Minister may apply for an order under that subsection directing compliance with section 43.1, 43.2, 43.3 or 43.4 even if a compliance order has not been issued. 2020, c. 13, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 10 - 08/07/2020
43.7 (1) Every person or entity is guilty of an offence who contravenes section 43.1, 43.2, 43.3 or 43.4 or subsection 43.5 (4). 2020, c. 13, Sched. 1, s. 10. Officers, directors (2) Every officer, director, employee and agent of a corporation who commits an offence under this Act, for which the corporation would be liable for prosecution, is guilty of an offence and on conviction is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. 2020, c. 13, Sched. 1, s. 10. Act of officer, etc. (3) For the purposes of this Act and the regulations, an act or thing done or omitted to be done by an officer, director, employee or agent of a corporation in the course of their employment or in the exercise of their powers or in the performance of their duties is deemed to also be an act or thing done or omitted to be done by the corporation. 2020, c. 13, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 13, Sched. 1, s. 10 - 08/07/2020