jswizzle3737/ontario_laws_and_regs huggingface dataset:
86.4 (1) If the Minister or the Chief Medical Officer of Health acts under section 84 to ensure that a direction given to a board of health under section 83 is carried out, the Minister may treat all or part of the following expenses as a debt due to the Crown in right of Ontario by the obligated municipalities in the health unit served by the board of health: 1. The expenses of the Minister in acting under section 84. 2. The expenses of the Chief Medical Officer of Health in acting under section 84. 3. The expenses of the assessment of the board of health that gave rise to the direction to the board of health.  1997, c. 30, Sched. D, s. 11. Same (2) If, under section 86, the Chief Medical Officer of Health investigates a situation in a health unit or takes action in a health unit to prevent, eliminate or decrease a risk, the Minister may treat all or part of the following expenses as a debt due to the Crown in right of Ontario by the obligated municipalities in the health unit: 1.  Repealed:  2004, c. 30, s. 6 (2). 2. The expenses of the Chief Medical Officer of Health in acting under section 77.1.  1997, c. 30, Sched. D, s. 11; 2004, c. 30, s. 6; 2009, c. 33, Sched. 18, s. 12 (9). Collection from obligated municipalities (3) If the Minister intends to treat all or part of the expenses referred to in subsection (1) or (2) as a debt due by the obligated municipalities in the health unit, the Minister may certify to the treasurer of each obligated municipality in the health unit the amount due by the obligated municipality to the Crown in right of Ontario in respect of the expenses or the part of the expenses, and the treasurer shall, within seven days after being given the certificate, pay to the Minister of Finance the amount set out in the certificate.  1997, c. 30, Sched. D, s. 11. Interest (4) The Minister may require an obligated municipality to pay interest on any part of the amount set out in a certificate issued under subsection (3) that remains unpaid after the date it is due under subsection (3), in such amounts as may be determined in accordance with the regulations and at such times and in such manner as may be prescribed by the regulations.  1997, c. 30, Sched. D, s. 11. Debt (5) The amount set out in a certificate given to the treasurer of an obligated municipality under subsection (3), together with the interest, if any, that the Minister requires the obligated municipality to pay under subsection (4), is a debt owing by the obligated municipality to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law.  1997, c. 30, Sched. D, s. 11. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 11 - 01/01/1998 2004, c. 30, s. 6 (1, 2) - 16/12/2004 2009, c. 33, Sched. 18, s. 12 (9) - 15/12/2009 87 Repealed:  2007, c. 10, Sched. F, s. 17. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 12 - 01/01/1998 2002, c. 18, Sched. I, s. 9 (10) - 26/11/2002 2003, c. 1, s. 15 (9-14) - 05/05/2003 2007, c. 10, Sched. F, s. 17 - 07/08/2007
88 The agency of the Province of Ontario known as Northern Ontario Public Health Service shall provide, in the parts of Ontario that are designated by the Minister and that are not in a health unit, (a) the health programs and services that a board of health is required to provide under this Act and the regulations; and (b) the services of persons qualified to perform the functions of a medical officer of health, public health inspectors and other public health professionals whose services may be employed by a board of health.  R.S.O. 1990, c. H.7, s. 88. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. H.7, s. 90 (1) - not in force
89 (1) Where a municipality is not within a health unit, the Minister and the corporation of the municipality may enter into an agreement under which the Minister will ensure the provision in the municipality of, (a) the health programs and services that a board is required to provide under this Act and the regulations; and (b) the services of persons qualified to perform the functions of a medical officer of health, public health inspectors and the other public health professionals whose services may be employed by a board of health.  R.S.O. 1990, c. H.7, s. 89 (1). Idem (2) An agreement mentioned in subsection (1) may relate only to particular health programs or services or to particular functions and may specify the charges to be made for any or all of them.  R.S.O. 1990, c. H.7, s. 89 (2). Section Amendments with date in force (d/m/y) R.S.O. 1990, c. H.7, s. 90 (1) - not in force Repeal of ss. 88, 89 90 (1) Sections 88 and 89 are repealed on a day to be named by proclamation of the Lieutenant Governor.  R.S.O. 1990, c. H.7, s. 90 (1). Application of subs. (1) (2) Subsection (1) does not apply until the day that each area in Ontario is within a health unit.  R.S.O. 1990, c. H.7, s. 90 (2).
91 The Minister may enter into an agreement with any organization in accordance with which the organization will provide, in the part of Ontario that is specified in the agreement and that is not in a health unit, (a) the health programs and services that a board of health is required to provide under this Act and the regulations; and (b) the services of persons qualified to perform the functions of a medical officer of health, public health inspectors and other public health professionals that may be employed by a board of health.  R.S.O. 1990, c. H.7, s. 91. 91.1 Repealed:
2009, c. 33, Sched. 18, s. 12 (10). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. I, s. 9 (11) - 26/11/2002 2006, c. 19, Sched. L, s. 4 - 22/06/2006 2009, c. 33, Sched. 18, s. 12 (10) - 15/12/2009
92 The Minister, the Chief Medical Officer of Health, a medical officer of health or a public health inspector need not hold or afford to any person an opportunity for a hearing before making an order or giving directions under this Act.  R.S.O. 1990, c. H.7, s. 92.
93 The Minister may appoint a person to perform the duties and exercise the authority in a part of Ontario that is designated by the Minister and that is not within a health unit that may be performed and exercised in a health unit by a medical officer of health, a public health inspector, a public health nurse or any other public health professional whose services may be engaged by a board of health.  R.S.O. 1990, c. H.7, s. 93.
94 The Lieutenant Governor in Council may appoint one or more provincial analysts for the purposes of this Act and every other Act in which a provincial analyst is mentioned.  R.S.O. 1990, c. H.7, s. 94.
95 (1) No action or other proceeding for damages or otherwise shall be instituted against the Chief Medical Officer of Health or an Associate Chief Medical Officer of Health, a member of a board of health, a medical officer of health, an associate medical officer of health of a board of health, an acting medical officer of health of a board of health or a public health inspector or an employee of a board of health or of a municipality who is working under the direction of a medical officer of health for any act done in good faith in the execution or the intended execution of any duty or power under this Act or for any alleged neglect or default in the execution in good faith of any such duty or power.  2007, c. 10, Sched. F, s. 18; 2009, c. 33, Sched. 18, s. 12 (11); 2011, c. 7, s. 4 (1). Crown liability (1.1) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability for the acts or omissions of a minister of the Crown or a Crown employee referred to in subsection (1) and the Crown is liable under that Act as if subsection (1) had not been enacted.  2007, c. 10, Sched. F, s. 18; 2019, c. 7, Sched. 17, s. 84. Persons acting under order (1.2) No action or other proceeding lies or shall be instituted against any person acting pursuant to an order, direction or directive made under section 77.5, 77.6, 77.7, 77.8 or 77.9 for any act done in good faith in the exercise or performance, or the intended exercise or performance of any duty under an order, direction or directive or for neglect or default in the good faith exercise or performance of such a duty.  2007, c. 10, Sched. F, s. 18; 2011, c. 7, s. 4 (2). Exception (2) Subsection (1) does not apply to prevent an application for judicial review or a proceeding that is specifically provided for in this Act.  R.S.O. 1990, c. H.7, s. 95 (2). Board of health not relieved of liability (3) Subsection (1) does not relieve a board of health from liability for damage caused by negligence of or action without authority by a person referred to in subsection (1), and a board of health is liable for such damage in the same manner as if subsection (1) had not been enacted.  R.S.O. 1990, c. H.7, s. 95 (3). Protection from liability for reports (4) No action or other proceeding shall be instituted against a person for making a report in good faith in respect of a communicable disease or a disease of public health significance in accordance with Part IV.  R.S.O. 1990, c. H.7, s. 95 (4); 2017, c. 25, Sched. 3, s. 1 (3). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 18 - 07/08/2007 2009, c. 33, Sched. 18, s. 12 (11) - 15/12/2009 2011, c. 7, s. 4 (1, 2) - 04/05/2011 2017, c. 25, Sched. 3, s. 1 (3) - 01/05/2018 2019, c. 7, Sched. 17, s. 84 - 01/07/2019 PART VIII   REGULATIONS
97 The Minister may make regulations, (a) designating diseases as communicable diseases, diseases of public health significance and virulent diseases for the purposes of this Act; (b) prescribing provisions of the Not-for-Profit Corporations Act, 2010 that apply to a board of health and the modifications with which those provisions are to so apply; (c) defining or further specifying the meaning of any or all of “infectious disease”, “pandemic”, “provincial, national or international public health event” or “public health emergency preparedness” for the purposes of section 77.9; (d) prescribing matters for the purposes of clause 77.9 (2) (d); (e), (f) Repealed:  2006, c. 26, s. 15 (3). (g) specifying diseases for the purposes of the definition of “immunizing agent” in subsection 38 (1).  2001, c. 30, s. 3; 2006, c. 26, s. 15 (3); 2007, c. 10, Sched. F, s. 19; 2010, c. 15, s. 228 (2); 2011, c. 7, s. 5; 2017, c. 25, Sched. 3, s. 15. Section Amendments with date in force (d/m/y) 2001, c. 30, s. 3 - 01/05/2003 2006, c. 26, s. 15 (3) - 10/08/2007 2007, c. 10, Sched. F, s. 19 - 07/08/2007 2010, c. 15, s. 228 (2) - 19/10/2021 2011, c. 7, s. 5 - 04/05/2011 2017, c. 25, Sched. 3, s. 15 - 01/05/2018
98 (1) A regulation may be general or particular in its application, may be limited in its application to any class prescribed by the regulations and may be limited as to time or place or both.  R.S.O. 1990, c. H.7, s. 98 (1). Adoption of codes (2) A regulation may adopt by reference, in whole or in part, with such changes as are specified in the regulation, any code, formula, standard or procedure, and may require compliance with any code, formula, standard or procedure so adopted.  R.S.O. 1990, c. H.7, s. 98 (2). Classes (3) A class may be defined in the regulations with respect to any attribute, quality or characteristic or combination of them and may be defined to include any persons, places, premises, organizations, animals, plants or things whether or not of the same type or with the same attributes, qualities or characteristics.  R.S.O. 1990, c. H.7, s. 98 (3).
99 Except as otherwise provided in this Act, a report or notice required under this Act or the regulations shall be made in the form and manner, at or within the period of time and containing the information prescribed by the regulations.  R.S.O. 1990, c. H.7, s. 99. PART IX   ENFORCEMENT
100 (1) Any person who fails to obey an order made under this Act is guilty of an offence.  R.S.O. 1990, c. H.7, s. 100 (1). Offence, reports (2) Any person who contravenes a requirement of Part IV to make a report in respect of a disease of public health significance, a communicable disease or a reportable event following the administration of an immunizing agent is guilty of an offence.  R.S.O. 1990, c. H.7, s. 100 (2); 2017, c. 25, Sched. 3, s. 1 (3). Offence, specified provisions (3) Any person who contravenes section 16, 17, 18, 18.1, 20, 39 or 40, subsection 41 (9), 42 (1), 72 (5), (7) or (8), clause 77.1 (3) (b), subsection 77.3 (3) or 77.5 (6), section 77.7, subsection 77.9 (3), 82 (13), (14), (15), (16) or (17), 83 (3) or 84 (2) or section 105 is guilty of an offence.  2007, c. 10, Sched. F, s. 20; 2011, c. 7, s. 6; 2017, c. 25, Sched. 3, s. 16. Offence, regulations (4) Any person who contravenes a regulation is guilty of an offence.  R.S.O. 1990, c. H.7, s. 100 (4). Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 14 - 01/01/1998 2007, c. 10, Sched. F, s. 20 - 07/08/2007 2011, c. 7, s. 6 - 04/05/2011 2017, c. 25, Sched. 3, s. 1 (3), 16 - 01/05/2018
101 (1) Every person who is guilty of an offence under this Act is liable on conviction to a fine of not more than $5,000 for every day or part of a day on which the offence occurs or continues.  R.S.O. 1990, c. H.7, s. 101 (1). Corporation (2) Where a board of health, a municipality or any other corporation is convicted of an offence under this Act, the maximum penalty that may be imposed for every day or part of a day on which the offence occurs or continues is $25,000 and not as provided in subsection (1).  R.S.O. 1990, c. H.7, s. 101 (2); 1997, c. 30, Sched. D, s. 15 (1). Directors, officers, employees and agents (3) Where a corporation, other than a board of health or a municipality, is convicted of an offence under this Act, (a) each director of the corporation; and (b) each officer, employee or agent of the corporation who was in whole or in part responsible for the conduct of that part of the business of the corporation that gave rise to the offence, is guilty of an offence unless he or she satisfies the court that he or she took all reasonable care to prevent the commission of the offence.  R.S.O. 1990, c. H.7, s. 101 (3); 1997, c. 30, Sched. D, s. 15 (2). Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 15 (1, 2) - 01/01/1998
102 (1) Despite any other remedy or any penalty, the contravention by any person of an order made under this Act or of a directive relating to a small drinking water system may be restrained by order of a judge of the Superior Court of Justice upon application without notice by the person who made the order or issued the directive or by the Chief Medical Officer of Health or the Minister.  2007, c. 10, Sched. D, s. 1 (10). Proceedings to prohibit continuation or repetition of contravention (2) Where any provision of this Act or the regulations is contravened, despite any other remedy or any penalty imposed, the Minister or the Chief Medical Officer of Health may apply to a judge of the Superior Court of Justice for an order, (a) prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the judge, will or will likely result in the continuation or repetition of the contravention by the person committing the contravention; and (b) requiring the person committing the contravention to take any action that is, in the opinion of the judge, necessary or advisable for the purpose of reducing the likelihood of a continuation or repetition of the contravention.  2007, c. 10, Sched. F, s. 21. Enforcement (2.1) Where a judge has made an order based on an application under subsection (2), the order may be enforced in the same manner as any other order or judgment of the Superior Court of Justice.  2007, c. 10, Sched. F, s. 21. Health Care Consent Act, 1996 (3) The Health Care Consent Act, 1996 does not apply to a treatment that is required by an order made under this section.  1996, c. 2, s. 67 (5). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 67 (5) - 29/03/1996 2002, c. 18, Sched. I, s. 9 (12, 13) - 26/11/2002 2007, c. 10, Sched. D, s. 1 (10) - 01/12/2008; 2007, c. 10, Sched. F, s. 21 - 01/01/2008
103 (1) A copy of an order purporting to be made by the Minister, the Chief Medical Officer of Health, a medical officer of health or a public health inspector is, without proof of the office or signature of the Minister, the Chief Medical Officer of Health, the medical officer of health or the public health inspector, as the case may be, receivable in evidence as proof, in the absence of evidence to the contrary, of the making of the order and of its contents for all purposes in any action, proceeding or prosecution.  R.S.O. 1990, c. H.7, s. 103 (1). Certificate as evidence (2) A certificate as to the result of any test that purports to be signed by a provincial analyst is, without proof of the office or signature of the provincial analyst, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the certificate for all purposes in any action, proceeding or prosecution.  R.S.O. 1990, c. H.7, s. 103 (2).
104 A person who in good faith and in a reasonable manner, in complying or attempting to comply with an order under Part III, takes or refrains from taking any action shall not be convicted of an offence in respect of such taking or refraining from taking of action.  R.S.O. 1990, c. H.7, s. 104.
105 No person shall furnish false information knowingly to an inspector appointed by the Minister, an assessor appointed under section 82, the Chief Medical Officer of Health, a medical officer of health, a public health inspector or a person who is carrying out any power, duty or direction under this Act or is otherwise acting in the lawful performance of his or her duties under this Act.  R.S.O. 1990, c. H.7, s. 105; 1997, c. 30, Sched. D, s. 16. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 16 - 01/01/1998
106 (1) Any notice, order or other document under this Act or the regulations is sufficiently given, served or delivered if delivered personally or sent by ordinary mail addressed to the person to whom it is to be given, served or delivered at the person’s last known address or in the case of an order to which subsection 22 (5.0.1) applies, as provided in subsections 22 (5.0.2) and (5.0.3).  R.S.O. 1990, c. H.7, s. 106 (1); 2007, c. 10, Sched. F, s. 22. When service deemed made (2) A notice, order or other document shall be deemed to be given, served or delivered, (a) seven days after the day of mailing if sent by ordinary mail in accordance with subsection (1); or (b) on the earlier of seven days after the day the order was given and the day it should reasonably have come to the attention of the members of a class under the notice requirements in subsection 22 (5.0.2) or (5.0.3).  2009, c. 33, Sched. 18, s. 12 (12). When notice, order or other document not received (3) Subsection (2) does not apply if a person or a member of a class of persons establishes that he or she, acting in good faith, did not receive the notice, order or other document until a later date through absence, accident, illness or other cause beyond the person’s control.  2009, c. 33, Sched. 18, s. 12 (12). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 22 - 07/08/2007 2009, c. 33, Sched. 18, s. 12 (12) - 15/12/2009 Part X (s. 107-111) Repealed: 2017, c. 25, Sched. 3, s. 17. 107, 108 Repealed: 2017, c. 25, Sched. 3, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 3, s. 17 - 01/05/2018 109 Repealed:  2009, c. 33, Sched. 18, s. 12 (13). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 18, s. 12 (13) - 15/12/2009 110, 111 Repealed: 2017, c. 25, Sched. 3, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 3, s. 17 - 01/05/2018 ______________  Français