46 (1) Subject to subsections (5) and (8), no cause of action arises against any of the following with respect to any act done or omitted to be done or any decision, directive, standard, regulation or order made or issued under this Act, the Mental Health and Addictions Centre of Excellence Act, 2019, the Gift of Life Act, the Integrated Community Health Services Centres Act, 2023 or the Excellent Care for All Act, 2010 or under any provisions of the Personal Health Information Protection Act, 2004 or the regulations made under that Act that are prescribed for the purposes of this section that is done in good faith in the execution or intended execution of a power or duty under any of those Acts: 1. The Crown. 2. Any current or former member of the Executive Council, including the Minister. 3. The Agency. 4. Any current or former member, director or officer of the Agency or a volunteer of the Agency. 5. Any current or former employee, agent or adviser of the Crown or the Agency. 6. Any current or former investigator or supervisor appointed under this Act, or any current or former member of their staffs. 2019, c. 5, Sched. 1, s. 46 (1), 49 (7); 2019, c. 15, Sched. 30, s. 9; 2019, c. 17, Sched. 1, s. 6 (2); 2023, c. 4, Sched. 1, s. 69 (4). Same, transfer orders (2) No cause of action arises against a current or former director, officer or employee of a transferor or transfer recipient in respect of a claim arising in connection with a transfer order made under this Act. 2019, c. 5, Sched. 1, s. 46 (2). Proceedings barred (3) No proceeding, including but not limited to any proceeding for a remedy in contract, restitution, unjust enrichment, tort, trust or fiduciary obligation, or any remedy under any statute, that is directly or indirectly based on or related to anything referred to in subsection (1) or (2) may be brought or maintained against a person referred to in those subsections. 2019, c. 5, Sched. 1, s. 46 (3). Application (4) Subsection (3) applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, or any other remedy or relief, and includes a proceeding to enforce a judgment or order made by a court or tribunal outside of Canada. 2019, c. 5, Sched. 1, s. 46 (4). Health services (5) Nothing in subsection (1), (3) or (4) prevents a claim for compensation or damages against the Agency with respect to the delivery of health services by the Agency to an individual, and, for greater certainty, the Agency does not deliver services when the Agency funds services under section 21 to be delivered by a health service provider, an Ontario Health Team or other person or entity. 2019, c. 5, Sched. 1, s. 46 (5); 2020, c. 13, Sched. 1, s. 2 (1, 4). No compensation (6) Despite any other Act, but subject to subsection (8), no person or entity, including a health service provider or Ontario Health Team, is entitled to any compensation for any loss or damages, including loss of revenue or loss of profit, arising from any direct or indirect action that the Lieutenant Governor in Council, the Minister or the Agency takes under this Act, including an integration decision or a transfer order. 2019, c. 5, Sched. 1, s. 46 (6); 2020, c. 13, Sched. 1, s. 2 (1, 4). Same, transfer of property (7) Despite any other Act, but subject to subsection (8), no person or entity, including a health service provider or Ontario Health Team, is entitled to compensation for any loss or damages, including loss of use, loss of revenue and loss of profit, arising from the transfer of property under a decision or order made under this Act, including an integration decision or a transfer order. 2019, c. 5, Sched. 1, s. 46 (7); 2020, c. 13, Sched. 1, s. 2 (1, 4). Exception (8) If an integration decision directs a health service provider or Ontario Health Team to transfer property to or to receive property from a person or entity, a person or entity, including a health service provider or Ontario Health Team, who suffers a loss resulting from the transfer is entitled to compensation as prescribed in respect of the portion of the loss that relates to the portion of the value of the property that was not acquired with money received from the Government of Ontario, the Agency or any other agency of the Government, whether or not it is a Crown agent. 2019, c. 5, Sched. 1, s. 46 (8); 2020, c. 13, Sched. 1, s. 2 (1, 4, 12). No expropriation (9) Nothing in this Act and nothing done or not done in accordance with this Act constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2019, c. 5, Sched. 1, s. 46 (9). Section Amendments with date in force (d/m/y) 2019, c. 5, Sched. 1, s. 49 (7) - 02/04/2021; 2019, c. 15, Sched. 30, s. 9 - 31/07/2020; 2019, c. 17, Sched. 1, s. 6 (2) - 18/02/2020 2020, c. 13, Sched. 1, s. 2 (1, 4, 12) - 08/07/2020 2023, c. 4, Sched. 1, s. 69 (4) - 25/09/2023