jswizzle3737/ontario_laws_and_regs huggingface dataset:
45 (1) The medical officer of health or public health inspector who made the order, the person who has required the hearing and such other persons as the Board may specify are parties to the proceedings before the Board.  R.S.O. 1990, c. H.7, s. 45 (1). Examination of documentary evidence (2) Any party to the proceedings before the Board shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.  R.S.O. 1990, c. H.7, s. 45 (2). Members holding hearing not to have taken part in investigation, etc. (3) Members of the Board holding a hearing shall not have taken part before the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or representative of the party except upon notice to and opportunity for all parties to participate, but the Board may seek legal advice from an advisor independent from the parties and in such case the nature of the advice shall be made known to the parties in order that they may make submissions as to the law.  R.S.O. 1990, c. H.7, s. 45 (3). Recording of evidence (4)  The oral evidence taken before the Board at a hearing shall be recorded and, if so required, copies or a transcript thereof shall be furnished upon the same terms as in the Superior Court of Justice.  R.S.O. 1990, c. H.7, s. 45 (4); 2002, c. 18, Sched. I, s. 9 (6). (5) Repealed:  1998, c. 18, Sched. G, s. 55 (7). Release of documentary evidence (6) Documents and things put in evidence at a hearing shall, upon the request of the person who produced them, be released to the person by the Board within a reasonable time after the matter in issue has been finally determined.  R.S.O. 1990, c. H.7, s. 45 (6). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 55 (7) - 01/02/1999 2002, c. 18, Sched. I, s. 9 (6) - 26/11/2002
46 (1) Any party to the proceedings before the Board under this Act may appeal from its decision or order to the Divisional Court in accordance with the rules of court.  R.S.O. 1990, c. H.7, s. 46 (1); 1998, c. 18, Sched. G, s. 55 (8). Stay of order (2) Where an appeal is taken under subsection (1) in respect of an order that was stayed by the Board, a judge of the Superior Court of Justice upon application may grant a further stay until the appeal is disposed of.  R.S.O. 1990, c. H.7, s. 46 (2); 2002, c. 18, Sched. I, s. 9 (7). Record to be filed in court (3) Where any party appeals from a decision or order of the Board, the Board shall forthwith file with the Divisional Court the record of the proceedings before it in which the decision was made, which, together with the transcript of evidence if it is not part of the Board’s record, shall constitute the record in the appeal.  R.S.O. 1990, c. H.7, s. 46 (3). Minister entitled to be heard (4) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section.  R.S.O. 1990, c. H.7, s. 46 (4). Powers of court on appeal (5) An appeal under this section may be made on questions of law or fact or both and the court may confirm, alter or rescind the decision of the Board and may exercise all powers of the Board to confirm, alter or rescind the order as the court considers proper, or the court may refer the matter back to the Board for rehearing, in whole or in part, in accordance with such directions as the court considers proper.  R.S.O. 1990, c. H.7, s. 46 (5). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 55 (8) - 01/02/1999 2002, c. 18, Sched. I, s. 9 (7) - 26/11/2002 47 Repealed:  1998, c. 18, Sched. G, s. 55 (9). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 55 (9) - 01/02/1999 PART VI   HEALTH UNITS AND BOARDS OF HEALTH
48 There shall be a board of health for each health unit.  R.S.O. 1990, c. H.7, s. 48.
50 (1) A board of health for a health unit and the council of the band on a reserve within the health unit may enter into an agreement in writing under which, (a) the board agrees to provide health programs and services to the members of the band; and (b) the council of the band agrees to accept the responsibilities of the council of a municipality within the health unit.  R.S.O. 1990, c. H.7, s. 50 (1). Appointment of member by council of band (2) The council of the band that has entered into the agreement has the right to appoint a member of the band to be one of the members of the board of health for the health unit.  R.S.O. 1990, c. H.7, s. 50 (2). Joint appointment (3) The councils of the bands of two or more bands that have entered into agreements under subsection (1) have the right to jointly appoint a person to be one of the members of the board of health for the health unit instead of each appointing a member under subsection (2).  R.S.O. 1990, c. H.7, s. 50 (3). Term (4) An appointment under this section may be for one, two or three years.  R.S.O. 1990, c. H.7, s. 50 (4). Definitions (5) In this section, “band”, “council of the band” and “reserve” have the same meanings as in the Indian Act (Canada).  R.S.O. 1990, c. H.7, s. 50 (5).
51 (1) A member of a board of health appointed by the Lieutenant Governor in Council may be appointed for a term of one, two or three years.  R.S.O. 1990, c. H.7, s. 51 (1). Vacancy (2) Where a vacancy occurs in a board of health by the death, disqualification, resignation or removal of a member, the person or body that appointed the member shall appoint a person forthwith to fill the vacancy for the remainder of the term of the member.  R.S.O. 1990, c. H.7, s. 51 (2). Disqualification (3) No person whose services are employed by a board of health is qualified to be a member of the board of health.  R.S.O. 1990, c. H.7, s. 51 (3).
52 (1) Every board of health is a corporation without share capital.  R.S.O. 1990, c. H.7, s. 52 (1). Non-application (2) The Corporations Information Act and the Not-for-Profit Corporations Act, 2010 do not apply to a board of health except, in the case of the Not-for-Profit Corporations Act, 2010, as prescribed by regulation. 2010, c. 15, s. 228 (1). Real property (3) A board of health may acquire and hold real property for the purpose of carrying out the functions of the board and may sell, exchange, lease, mortgage or otherwise charge or dispose of real property owned by it.  R.S.O. 1990, c. H.7, s. 52 (3). Consents required (4) Subsection (3) does not apply unless the board of health has first obtained the consent of the councils of the majority of the municipalities within the health unit served by the board of health.  R.S.O. 1990, c. H.7, s. 52 (4); 2002, c. 18, Sched. I, s. 9 (8). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. I, s. 9 (8) - 26/11/2002 2010, c. 15, s. 228 (1) - 19/10/2021
53 The name of each board of health shall be Board of Health for the  (inserting the name of the health unit) Health Unit in English and Conseil de santé de la circonscription sanitaire de (inserting the name of the health unit) in French.  R.S.O. 1990, c. H.7, s. 53.
54 A majority of the members of a board of health constitutes a quorum of the board.  R.S.O. 1990, c. H.7, s. 54.
55 Sections 52 to 54 and 56 to 59 do not apply to, (a) the regional municipalities of Durham, Halton, Niagara, Peel, Waterloo and York; or (b) a single-tier municipality that has the powers, rights and duties of a local board of health or a board of health established under this Act.  2001, c. 25, s. 477 (5); 2017, c. 25, Sched. 3, s. 1 (4). Section Amendments with date in force (d/m/y) 2001, c. 25, s. 477 (5) - 01/01/2003 2017, c. 25, Sched. 3, s. 1 (4) - 01/05/2018
56 (1) A board of health shall pass by-laws respecting, (a) the management of its property; (b) banking and finance; (c) the calling of and proceedings at meetings; and (d) the appointment of an auditor.  R.S.O. 1990, c. H.7, s. 56 (1). Idem (2) A board of health may pass by-laws respecting, (a) the appointment, duties and removal of officers (other than the medical officer of health or an associate medical officer of health) and employees, and the remuneration, pensions and other benefits of officers and employees; and (b) any other matter necessary or advisable for the management of the affairs of the board of health.  R.S.O. 1990, c. H.7, s. 56 (2).
57 (1) Repealed:  2009, c. 33, Sched. 18, s. 12 (4). Chair and vice-chair (2) At the first meeting of a board of health in each year, the members of the board shall elect one of the members to be chair and one to be vice-chair of the board for the year.  R.S.O. 1990, c. H.7, s. 57 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 18, s. 12 (4) - 15/12/2009
58 A board of health shall keep or cause to be kept minutes of its proceedings and the text of the by-laws and resolutions passed by it.  R.S.O. 1990, c. H.7, s. 58. 58.1 Repealed:  2009, c. 33, Sched. 18, s. 12 (5). Section Amendments with date in force (d/m/y) 1997, c. 15, s. 5 (1) - 10/10/1997 2009, c. 33, Sched. 18, s. 12 (5) - 15/12/2009
59 (1) A board of health shall keep or cause to be kept, (a) books, records and accounts of its financial affairs; (b) the invoices, receipts and other documents in its possession that relate to the financial affairs of the board.  R.S.O. 1990, c. H.7, s. 59 (1). Annual financial statements (2) A board of health shall cause to be prepared statements of its financial affairs in each year including but not limited to, (a) an annual statement of income and expenses; (b) an annual statement of assets and liabilities; and (c) an annual estimate of expenses for the next year.  R.S.O. 1990, c. H.7, s. 59 (2). Retention of records (3) A board of health need not keep any records, statements, minutes, accounts or other materials beyond the period of time prescribed by the regulations.  R.S.O. 1990, c. H.7, s. 59 (3). 60 Repealed:  1997, c. 26, Sched. Section Amendments with date in force (d/m/y) 1997, c. 26, Sched. - 01/01/1998
61 Every board of health shall superintend and ensure the carrying out of Parts II, III and IV and the regulations relating to those Parts in the health unit served by the board of health.  R.S.O. 1990, c. H.7, s. 61.
62 (1) Every board of health, (a) shall appoint a full-time medical officer of health; and (b) may appoint one or more associate medical officers of health, of the board of health.  R.S.O. 1990, c. H.7, s. 62. Vacancy (2) If the position of medical officer of health of a board of health becomes vacant, the board of health and the Minister, acting in concert, shall work expeditiously towards filling the position with a full-time medical officer of health.  2002, c. 32, s. 171. Report, CMOH (3) The annual report of the Chief Medical Officer of Health under section 81 shall include a summary of the medical officer of health and associate medical officer of health vacancies in Ontario.  2007, c. 10, Sched. F, s. 14. Section Amendments with date in force (d/m/y) 2002, c. 32, s. 167 - 13/12/2002 2007, c. 10, Sched. F, s. 14 - 07/08/2007
63 A board of health shall not describe the position of a person whose services are employed by the board by a title that incorporates the title “medical officer of health” or “médecin-hygiéniste”, or the designation “M.O.H.” or “m.-h.” or other designation representing the title, unless the person is the medical officer of health, associate medical officer of health or acting medical officer of health of the board.  R.S.O. 1990, c. H.7, s. 63.
64 No person is eligible for appointment as a medical officer of health or an associate medical officer of health unless, (a) he or she is a physician; (b) he or she possesses the qualifications and requirements prescribed by the regulations for the position; and (c) the Minister approves the proposed appointment.  R.S.O. 1990, c. H.7, s. 64. 65 Repealed:  2005, c. 29, s. 4. Section Amendments with date in force (d/m/y) 2005, c. 29, s. 4 - 12/12/2006
66 (1) A decision by a board of health to dismiss a medical officer of health or an associate medical officer of health from office is not effective unless, (a) the decision is carried by the vote of two-thirds of the members of the board; and (b) the Minister consents in writing to the dismissal.  R.S.O. 1990, c. H.7, s. 66 (1). Notice and attendance (2) A board of health shall not vote on the dismissal of a medical officer of health or an associate medical officer of health unless the board has given the officer, (a) reasonable written notice of the time, place and purpose of the meeting at which the dismissal is to be considered; (b) a written statement of the reason for the proposal to dismiss the officer; and (c) an opportunity to attend and to make representations to the board at the meeting. 2017, c. 25, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 3, s. 9 - 01/05/2018
67 (1) The medical officer of health of a board of health reports directly to the board of health on issues relating to public health concerns and to public health programs and services under this or any other Act.  1997, c. 30, Sched. D, s. 7 (1). Direction of staff (2) The employees of and the persons whose services are engaged by a board of health are subject to the direction of and are responsible to the medical officer of health of the board if their duties relate to the delivery of public health programs or services under this or any other Act.  R.S.O. 1990, c. H.7, s. 67 (2); 1997, c. 30, Sched. D, s. 7 (2). Management (3) The medical officer of health of a board of health is responsible to the board for the management of the public health programs and services under this or any other Act.  1997, c. 30, Sched. D, s. 7 (3). Area of authority (4) The authority of the medical officer of health of a board of health under this Act and the regulations is limited to the health unit served by the board of health.  R.S.O. 1990, c. H.7, s. 67 (4). (5), (6) Repealed: 2019, c. 5, Sched. 3, s. 9 (1). Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 7 (1-3) - 01/01/1998 2016, c. 30, s. 39 (1)
- 08/12/2016 2019, c. 5, Sched. 3, s. 9 (1) - 01/04/2021
68 (1) The associate medical officer of health of a board of health, under the direction of the medical officer of health of the board, shall assist in the performance of the duties of the medical officer of health and, for the purpose, has all the powers of the medical officer of health.  R.S.O. 1990, c. H.7, s. 68 (1). Where M.O.H. absent or unable to act (2) Where the office of medical officer of health of a board of health is vacant or the medical officer of health is absent or unable to act, the associate medical officer of health of the board shall act as and has all the powers of the medical officer of health.  R.S.O. 1990, c. H.7, s. 68 (2).
69 (1) Where, (a) the office of medical officer of health of a board of health is vacant or the medical officer of health is absent or unable to act; and (b) there is no associate medical officer of health of the board or the associate medical officer of health of the board is also absent or unable to act, the board of health shall appoint forthwith a physician as acting medical officer of health.  R.S.O. 1990, c. H.7, s. 69 (1). Powers and duties (2) An acting medical officer of health of a board of health shall perform the duties and has authority to exercise the powers of the medical officer of health of the board.  R.S.O. 1990, c. H.7, s. 69 (2). (3-8) Repealed: 2017, c. 25, Sched. 3, s. 10. Section Amendments with date in force (d/m/y) 2011, c. 7, s. 1 - 04/05/2011 2017, c. 25, Sched. 3, s. 10 - 01/05/2018
70 The medical officer of health of a board of health is entitled to notice of and to attend each meeting of the board and every committee of the board, but the board may require the medical officer of health to withdraw from any part of a meeting at which the board or a committee of the board intends to consider a matter related to the remuneration or the performance of the duties of the medical officer of health.  R.S.O. 1990, c. H.7, s. 70.
71 (1) Every board of health shall engage the services of such persons, including public health nurses, as are considered necessary to carry out the functions of the board of health, including the duties of the board of health in respect of mandatory health programs and services.  R.S.O. 1990, c. H.7, s. 71 (1). Qualifications (2) No board of health shall engage the services of any person in a professional, administrative or technical classification unless the person meets the qualifications and requirements prescribed by the regulations for the classification.  R.S.O. 1990, c. H.7, s. 71 (2). Public health nurse (3) No board of health shall engage any person as a public health nurse unless the person is a member of the College of Nurses of Ontario who is a registered nurse and, (a) has the public health nursing education prescribed by the regulations from a degree granting institution in Canada or at a degree granting institution outside Canada that is accepted as equivalent by such an institution in Canada; and (b) meets such additional qualifications and requirements as are prescribed by the regulations.  R.S.O. 1990, c. H.7, s. 71 (3); 1998, c. 18, Sched. G, s. 55 (10). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 55 (10) - 01/02/1999
76 The Minister may make grants for the purposes of this Act on such conditions as he or she considers appropriate.  1997, c. 15, s. 5 (2). Section Amendments with date in force (d/m/y) 1997, c. 15, s. 5 (2) - 10/10/1997
77 (1) Where two or more health units are merged, the boards of health of the merged health units are dissolved.  R.S.O. 1990, c. H.7, s. 77 (1). Assets and liabilities (2) Where two or more health units are merged, the assets owned by or under the management and control, as the case may be, and the liabilities of the boards of health of the merged health units are, without compensation, assets owned by or under the management and control and liabilities of the board of health of the new health unit.  R.S.O. 1990, c. H.7, s. 77 (2). Alteration of boundaries of health units (3) Where the boundaries of health units are altered so that an area formerly in one health unit is included in another health unit, the assets owned by or under the management and control and the liabilities of the board of health of the health unit of which the area was formerly a part and that relate to the area are, without compensation, assets owned by or under the management and control, as the case may be, and liabilities of the board of health of the health unit in which the area is included.  R.S.O. 1990, c. H.7, s. 77 (3). Order by Minister (4) Where the boards of health are unable to agree on a matter under subsection (3), the Minister may make an order determining the matter.  R.S.O. 1990, c. H.7, s. 77 (4). Part VI.1   Provincial Public Health Powers
77.1 (1) If the Chief Medical Officer of Health is of the opinion that a situation exists anywhere in Ontario that constitutes or may constitute a risk to the health of any persons, he or she may investigate the situation and take such action as he or she considers appropriate to prevent, eliminate or decrease the risk.  2007, c. 10, Sched. F, s. 15. Same (2) For the purpose of subsection (1), the Chief Medical Officer of Health, (a) may exercise anywhere in Ontario, (i) any of the powers of a board of health, including the power to appoint a medical officer of health or an associate medical officer of health, and (ii) any of the powers of a medical officer of health; and (b) may direct a person whose services are engaged by a board of health to do, anywhere in Ontario, whether within or outside the health unit served by the board of health, any act, (i) that the person has power to do under this Act, or (ii) that the medical officer of health for the health unit served by the board of health has authority to direct the person to do within the health unit.  2007, c. 10, Sched. F, s. 15. Authority and duty of person directed to act (3) If the Chief Medical Officer of Health gives a direction under clause (2) (b) to a person whose services are engaged by a board of health, (a) the person has authority to act, anywhere in Ontario, whether within or outside the health unit served by the board of health, to the same extent as if the direction had been given by the medical officer of health of the board of health and the act had been done in the health unit; and (b) the person shall carry out the direction as soon as practicable.  2007, c. 10, Sched. F, s. 15. Section 22 powers (4) For the purpose of the exercise by the Chief Medical Officer of Health under subsection (2) of the powers of a medical officer of health, a reference in section 22 to a communicable disease shall be deemed to be a reference to an infectious disease.  2007, c. 10, Sched. F, s. 15. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 15 - 07/08/2007
77.2 (1) If the Chief Medical Officer of Health is of the opinion that a situation exists anywhere in Ontario that constitutes or may constitute a risk to the health of any persons, he or she may apply to a judge of the Superior Court of Justice for an order under subsection (2).  2007, c. 10, Sched. F, s. 15. Order of judge of Superior Court of Justice (2) If an application is made under subsection (1), the judge, (a) may order the board of health of a health unit in which the situation causing the risk exists to take such action as the judge considers appropriate to prevent, eliminate or decrease the risk caused by the situation; and (b) may order the board of health of a health unit in which the health of any persons is at risk as a result of a situation existing outside the health unit to take such action as the judge considers appropriate to prevent, eliminate or decrease the risk to the health of the persons in the health unit.  2007, c. 10, Sched. F, s. 15. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 15 - 07/08/2007
77.3 (1) The Chief Medical Officer of Health may request a board of health to provide such information in respect of the board of health and the health unit served by the board of health as the Chief Medical Officer of Health specifies.  2007, c. 10, Sched. F, s. 15. Same (2) The Chief Medical Officer of Health may specify the time at which, and the form in which, the information must be provided.  2007, c. 10, Sched. F, s. 15. Duty to comply (3) A board of health that receives a request for information under this section shall provide the information in accordance with the request.  2007, c. 10, Sched. F, s. 15. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 15 - 07/08/2007
77.6 (1) Subject to subsections (2) and (3), if the Chief Medical Officer of Health is of the opinion, based on reasonable and probable grounds, that there exists an immediate and serious risk to the health of persons anywhere in Ontario, he or she may issue an order directing any health information custodian indicated in the order to supply the Chief Medical Officer of Health or his or her delegate with any information provided for in the order, including personal health information.  2009, c. 33, Sched. 18, s. 12 (6). Restriction (2) The Chief Medical Officer of Health may only make an order under subsection (1) if he or she is of the opinion, based on reasonable and probable grounds, that the information is necessary to investigate, eliminate or reduce the immediate and serious risk to the health of any persons, and the information supplied must be no more than is reasonably necessary to prevent, eliminate or reduce the risk to the health of persons anywhere in Ontario.  2009, c. 33, Sched. 18, s. 12 (6). Further restriction (3) The Chief Medical Officer of Health may use or disclose the information provided to him or her under subsection (1) only for the purpose of investigating, eliminating or reducing the risk to the health of persons anywhere in Ontario and for no other purpose.  2009, c. 33, Sched. 18, s. 12 (6). Restriction on recipient (4) Any person to whom the Chief Medical Officer of Health discloses the information pursuant to subsection (3) may use or disclose that information only for the purpose of investigating, eliminating or reducing the risk to the health of persons anywhere in Ontario and for no other purpose.  2009, c. 33, Sched. 18, s. 12 (6). Prevail over other provisions (5) Subsections (3) and (4) prevail despite anything in, (a) the Freedom of Information and Protection of Privacy Act; (b) the Municipal Freedom of Information and Protection of Privacy Act; and (c) the Personal Health Information Protection Act, 2004.  2009, c. 33, Sched. 18, s. 12 (6). Comply with order (6) A health information custodian that is served with an order under subsection (1) shall comply with the order within the time and in the manner provided for in the order.  2009, c. 33, Sched. 18, s. 12 (6). Definitions (7) In this section, “health information custodian” means a health information custodian within the meaning of the Personal Health Information Protection Act, 2004; (“dépositaire de renseignements sur la santé”) “personal health information” means personal health information within the meaning of the Personal Health Information Protection Act, 2004. (“renseignements personnels sur la santé”)  2009, c. 33, Sched. 18, s. 12 (6). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 15 - 07/08/2007 2009, c. 33, Sched. 18, s. 12 (6) - 15/12/2009
77.7.1 (1) Where the Minister is of the opinion that there exists or there may exist an immediate risk to the health of persons in Ontario from a new or emerging disease, the Minister may issue an order directing any health care provider or health care entity specified in subsection 77.7 (6) or any other prescribed person to supply the Minister or his or her delegate with any information provided for in the order. 2017, c. 25, Sched. 3, s. 11. Comply with order (2) A health care provider or health care entity that is served with an order under subsection (1) shall comply with it. 2017, c. 25, Sched. 3, s. 11. Personal information, personal health information (3) A health care provider or health care entity, in complying with an order under subsection (1), shall not include personal health information within the meaning of the Personal Health Information Protection Act, 2004 or personal information within the meaning of the Freedom of Information and Personal Protection Act
when supplying information to the Minister or his or her delegate. 2017, c. 25, Sched. 3, s. 11. Duration (4) An order under this section is in force for the period set out in the order. 2017, c. 25, Sched. 3, s. 11. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 3, s. 11 - 01/05/2018
77.8 (1) Subject to subsection (2), if the Chief Medical Officer of Health is of the opinion, based on reasonable and probable grounds, that there exists an immediate and serious risk to the health of persons anywhere in Ontario, he or she may, as he or she considers reasonably necessary for the purpose of investigating, eliminating or reducing the risk to the health of persons anywhere in Ontario, (a) collect previously collected specimens and information respecting the analysis of previously collected specimens; and (b) order any person to provide previously collected specimens or information respecting the analysis of previously collected specimens to the Chief Medical Officer of Health.  2009, c. 33, Sched. 18, s. 12 (8). Restriction (2) The Chief Medical Officer of Health may use, provide or disclose the previously collected specimens or information only for the purpose of investigating, eliminating or reducing the risk to the health of persons anywhere in Ontario and for no other purpose.  2009, c. 33, Sched. 18, s. 12 (8). Restriction on recipient (3) Any person to whom the Chief Medical Officer of Health discloses or provides previously collected specimens, or information respecting the analysis of previously collected specimens may use, provide or disclose them only for the purpose of investigating, eliminating or reducing the risk to the health of persons anywhere in Ontario and for no other purpose.  2009, c. 33, Sched. 18, s. 12 (8). Prevail over other provisions (4) This section prevails despite anything in, (a) the Freedom of Information and Protection of Privacy Act; (b) the Municipal Freedom of Information and Protection of Privacy Act; and (c) the Personal Health Information Protection Act, 2004.  2009, c. 33, Sched. 18, s. 12 (8). Comply with order (5) A person that is served with an order under clause (1) (b) shall comply with the order within the time and in the manner provided for in the order.  2009, c. 33, Sched. 18, s. 12 (8). Restriction re individuals (6) Nothing in this section permits the Chief Medical Officer of Health to compel an individual to provide a bodily sample or submit to tests without the individual’s consent.  2009, c. 33, Sched. 18, s. 12 (8). Personal information (7) For the purposes of this section, the Chief Medical Officer of Health has the power to collect, use, retain and disclose personal information, including personal health information.  2009, c. 33, Sched. 18, s. 12 (8). Definitions (8) In this section, “personal health information” means personal health information within the meaning of the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”) “personal information” means personal information within the meaning of the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”) “specimens” includes specimens from any person, animal or plant, living or deceased or from any other thing. (“échantillons”)  2009, c. 33, Sched. 18, s. 12 (8). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 15 - 07/08/2007 2009, c. 33, Sched. 18, s. 12 (8) - 15/12/2009
77.9 (1) The Chief Medical Officer of Health may issue a directive to any or all boards of health or medical officers of health requiring the adoption or implementation of policies or measures concerning the matters set out in subsection (2) if the Chief Medical Officer of Health is of the opinion, (a) that there exists, or there is an immediate risk of, a provincial, national or international public health event, a pandemic or an emergency with health impacts anywhere in Ontario; and (b) that the policies or measures are necessary to support a co-ordinated response to the situations referred to in clause (a) or to otherwise protect the health of persons.  2011, c. 7, s. 3. Restriction (2) The Chief Medical Officer of Health may only make a directive under this section with respect to measures or policies concerning, (a) infectious diseases; (b) health hazards; (c) public health emergency preparedness; or (d) a matter prescribed in regulations made by the Minister.  2011, c. 7, s. 3. Compliance required (3) A board of health or medical officer of health that is served with a directive under this section shall comply with it.  2011, c. 7, s. 3. Duration (4) Subject to subsections (5) and (6), a directive under this section is in force for the period set out in the directive, which shall not exceed six months.  2011, c. 7, s. 3. Termination or renewal (5) The Chief Medical Officer of Health may terminate a directive under this section, or renew it for one or more additional periods of not more than six months each.  2011, c. 7, s. 3. Consultation (6) The Chief Medical Officer of Health shall consult with every affected board of health and medical officer of health before, (a) renewing a directive under this section so that it is in force more than six months; or (b) issuing a directive identical or substantially similar to one or more directives already issued, where the effect would be that identical or substantially similar directives would be in force for the same board or medical officer of health for a total period of more than six months, whether or not they are in force for consecutive periods.  2011, c. 7, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 7, s. 3 - 04/05/2011 PART VII   ADMINISTRATION
78 (1) The Minister has power to make investigations respecting the causes of disease and mortality in any part of Ontario.  R.S.O. 1990, c. H.7, s. 78 (1). Direction to investigate (2) The Minister may direct an officer of the Ministry or any other person to investigate the causes of any disease or mortality in any part of Ontario.  R.S.O. 1990, c. H.7, s. 78 (2). Application of Public Inquiries Act, 2009 (3) Section 33 of the Public Inquiries Act, 2009 applies to the investigation.  2009, c. 33, Sched. 6, s. 62. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 62 - 01/06/2011
79 (1) The Minister may establish and maintain public health laboratory centres at such places and with such buildings, appliances and equipment as the Minister considers proper.  R.S.O. 1990, c. H.7, s. 79 (1). Direction by Minister (2) The Minister may give direction from time to time to a public health laboratory centre as to its operation and the nature and extent of its work, and the public health laboratory centre shall comply with the direction.  R.S.O. 1990, c. H.7, s. 79 (2).
80 (1) The Minister may appoint in writing one or more employees of the Ministry or other persons as inspectors.  R.S.O. 1990, c. H.7, s. 80 (1). Duty (2) An inspector shall make inspections of health units to ascertain the extent of compliance with this Act and the regulations and the carrying out of the purpose of this Act.  R.S.O. 1990, c. H.7, s. 80 (2); 1997, c. 30, Sched. D, s. 10. Limitation (3) The Minister in an appointment may limit the duties or the authority or both of an inspector in such manner as the Minister considers necessary or advisable.  R.S.O. 1990, c. H.7, s. 80 (3). Directions and reports (4) The Minister may require an inspector to act under the direction of or to report to the Minister, the Deputy Minister of Health and Long-Term Care, the Chief Medical Officer of Health or other officer of the Ministry.  R.S.O. 1990, c. H.7, s. 80 (4); 2006, c. 19, Sched. L, s. 11 (4). Certificate of appointment (5) The Minister shall issue to every inspector a certificate of appointment and every inspector, in the execution of his or her duties under this Act and the regulations, shall produce his or her certificate of appointment upon request.  R.S.O. 1990, c. H.7, s. 80 (5). Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 10 - 01/01/1998 2006, c. 19, Sched. L, s. 11 (4) - 22/06/2006
81 (1) The Lieutenant Governor in Council shall appoint a Chief Medical Officer of Health on the address of the Legislative Assembly.  2004, c. 30, s. 1 (1). Term of office (1.1) Subject to subsection (1.2), the Chief Medical Officer of Health holds office for a term of five years and may be reappointed for a further term or terms by the Lieutenant Governor in Council on the address of the Legislative Assembly.  2004, c. 30, s. 1 (1). Removal (1.2) The Lieutenant Governor in Council may remove the Chief Medical Officer of Health for cause on the address of the Legislative Assembly.  2004, c. 30, s. 1 (1). Transitional (1.3) The Chief Medical Officer of Health who held office immediately before the day subsection 1 (1) of the Health Protection and Promotion Amendment Act, 2004 comes into force shall be deemed to have been appointed under subsection (1), with his or her initial term of five years commencing on that day.  2004, c. 30, s. 1 (1). Qualifications (2) No person is qualified to be or to act as Chief Medical Officer of Health unless he or she is a physician of at least five years standing and possesses the qualifications prescribed by the regulations for the position of medical officer of health.  R.S.O. 1990, c. H.7, s. 81 (2). Duty of Chief M.O.H. re occupational and environmental health (3) The Chief Medical Officer of Health shall keep himself or herself informed in respect of matters related to occupational and environmental health.  R.S.O. 1990, c. H.7, s. 81 (3). Annual report (4) The Chief Medical Officer of Health shall, in every year, make a report in writing on the state of public health in Ontario, and shall deliver the report to the Speaker of the Legislative Assembly.  2004, c. 30, s. 1 (2). Laying before Assembly (5) The Speaker shall lay the report before the Assembly at the earliest reasonable opportunity.  2004, c. 30, s. 1 (2). Minister’s copy (6) The Chief Medical Officer of Health shall deliver a copy of the report to the Minister at least 30 days before delivering it to the Speaker.  2004, c. 30, s. 1 (2). Other reports (7) The Chief Medical Officer of Health may make any other reports respecting the public health as he or she considers appropriate, and may present such a report to the public or any other person he or she considers appropriate.  2004, c. 30, s. 1 (3). Section Amendments with date in force (d/m/y) 2004, c. 30, s. 1 (1, 3) - 16/12/2004; 2004, c. 30, s. 1 (2) - 01/01/2005
81.1 (1) The position of Associate Chief Medical Officer of Health is established.  2007, c. 10, Sched. F, s. 16. Person who shall hold position (2) Subject to subsection (3), the position of Associate Chief Medical Officer of Health shall be held by the person or persons who, by virtue of their position, hold the title of “Associate Chief Medical Officer of Health” in the Ministry.  2007, c. 10, Sched. F, s. 16. Qualifications (3) No person is qualified to be or to act as the Associate Chief Medical Officer of Health unless he or she is a physician and possesses the qualifications of the position of medical officer of health prescribed by the regulations. 2017, c. 25, Sched. 3, s. 12. Functions, duties, etc. (4) An Associate Chief Medical Officer of Health, (a) shall perform such functions and duties as the Chief Medical Officer of Health may specify in writing; and (b) shall act in the place of the Chief Medical Officer of Health when the Chief Medical Officer of Health is absent or is unable to perform the functions of his or her office or when the office of Chief Medical Officer of Health is vacant.  2007, c. 10, Sched. F, s. 16. Regulations (5) The Minister may make regulations clarifying, modifying or restricting the functions, powers and duties of Associate Chief Medical Officers of Health.  2007, c. 10, Sched. F, s. 16. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 16 - 07/08/2007 2017, c. 25, Sched. 3, s. 12 - 01/05/2018
81.2 (1) The Minister may enter into an agreement with the board of health of any health unit for the purpose of setting out requirements for the accountability of the board of health and the management of the health unit.  2007, c. 10, Sched. F, s. 16. May include services (2) An agreement under subsection (1) may also provide for services which are to be provided by boards of health in addition to any services set out in this Act or the regulations.  2007, c. 10, Sched. F, s. 16. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 16 - 07/08/2007
83 (1) The Minister may give a board of health a written direction described in subsection (2) if he or she is of the opinion, based on an assessment under section 82, that the board of health has, (a) failed to provide or ensure the provision of a health program or service in accordance with section 5, 6 or 7, the regulations or the public health standards; (b) failed to comply in any other respect with this Act or the regulations; or (c) failed to ensure the adequacy of the quality of the administration or management of its affairs.  1997, c. 30, Sched. D, s. 11; 2017, c. 25, Sched. 3, s. 1 (2). Same (2) In a direction under this section, the Minister may require a board of health, (a) to do anything that the Minister considers necessary or advisable to correct the failure identified in the direction; or (b) to cease to do anything that the Minister believes may have caused or contributed to the failure identified in the direction.  1997, c. 30, Sched. D, s. 11. Compliance with direction (3) A board of health that is given a direction under this section shall comply with the direction, (a) within the period of time specified in the direction; or (b) if no period of time is specified in the direction, within 30 days from the day the direction is given.  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 2017, c. 25, Sched. 3, s. 1 (2) - 01/05/2018
84 (1) If, in the opinion of the Minister, a board of health has failed to comply with a direction under section 83 within the period of time required under subsection 83 (3), the Minister may do whatever is necessary to ensure that the direction is carried out, including but not limited to, (a) providing or ensuring the provision of any health program or service in accordance with sections 5, 6 and 7, the regulations and the public health standards; (b) exercising any of the powers of the board of health or the medical officer of health of the board of health; (c) appointing a person to act as the medical officer of health of the board of health in the place of the medical officer of health appointed by the board; (d) providing advice and guidance to the board of health, the medical officer of health of the board of health, and any person whose services are engaged by the board of health; (e) approving, revoking or amending any decision of the board of health, the medical officer of health of the board of health, or any person whose services are engaged by the board of health; and (f) accessing any record or document that is in the custody or under the control of the board of health, the medical officer of health of the board of health, or any person whose services are engaged by the board of health.  1997, c. 30, Sched. D, s. 11; 2017, c. 25, Sched. 3, s. 1 (2). No obstruction (2) No person shall hinder or obstruct the Minister in the exercise of his or her powers under subsection (1).  1997, c. 30, Sched. D, s. 11. Effect of Board hearing (3) The Minister may exercise his or her powers under subsection (1) even though a hearing by the Board in respect of the direction has been required or is proceeding under section 85.  1997, c. 30, Sched. D, s. 11. Effect of Board decision (4) If the Board determines, after a hearing under section 85, that the board of health has complied with the direction, the Minister shall not thereafter exercise his or her powers under subsection (1) and shall cease to exercise any of such powers that he or she had already begun to exercise before the Board rendered its decision.  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 2017, c. 25, Sched. 3, s. 1 (2) - 01/05/2018
85 (1) If, in the opinion of the Minister, a board of health has failed to comply with a direction under section 83 within the period of time required under subsection 83 (3), the Minister may give the board of health a notice of failure to comply.  1997, c. 30, Sched. D, s. 11. Same (2) A notice of failure to comply shall be in writing and shall inform the board of health that the board of health is entitled to a hearing by the Board to determine whether the board of health has complied with the direction, if the board of health requires the hearing in accordance with subsection (3).  1997, c. 30, Sched. D, s. 11. Entitlement to hearing (3) A board of health that is given a notice of failure to comply is entitled to a hearing by the Board to determine whether the board of health has complied with the direction if, within 15 days after the day the notice of failure to comply is given to the board of health, the board of health mails or delivers to the Board and to the Minister a notice in writing requiring a hearing by the Board.  1997, c. 30, Sched. D, s. 11. Hearing (4) If a board of health requires a hearing in accordance with subsection (3), the Board shall appoint a time and place for, and hold, the hearing.  1997, c. 30, Sched. D, s. 11. Parties (5) The parties to a hearing under this section are the board of health that has required the hearing, the Minister and such other persons as the Board may specify.  1997, c. 30, Sched. D, s. 11. Other provisions apply with modifications (6) Subsections 44 (5) and (6) and 45 (2) to (6) apply with necessary modifications to a hearing under this section.  1997, c. 30, Sched. D, s. 11. Powers of Board (7) After a hearing under this section, the Board, (a) may determine that the board of health has complied with the direction and, in doing so, may substitute its opinion for that of the Minister; or (b) may determine that the board of health has not complied with the direction and order the board of health to do, or not to do, such things as the Board specifies in order to comply with the direction.  1997, c. 30, Sched. D, s. 11. No appeal (8) Section 46 does not apply to a decision or order of the Board under this section.  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 86 Repealed:  2007, c. 10, Sched. F, s. 17. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 11 - 01/01/1998 2004, c. 30, s. 2 (1-4) - 16/12/2004 2007, c. 10, Sched. F, s. 17 - 07/08/2007 86.1 Repealed:  2007, c. 10, Sched. F, s. 17. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 11 - 01/01/1998 2002, c. 18, Sched. I, s. 9 (9) - 26/11/2002 2004, c. 30, s. 3 - 16/12/2004 2007, c. 10, Sched. F, s. 17 - 07/08/2007 86.2 Repealed:  2007, c. 10, Sched. F, s. 17. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 11 - 01/01/1998 2004, c. 30, s. 4 - 16/12/2004 2007, c. 10, Sched. F, s. 17 - 07/08/2007
86.3 (1) The Minister may authorize or direct the Chief Medical Officer of Health in writing to exercise any right or power or perform any duty that is granted to or vested in the Minister under section 82, 83, 84 or 85.  1997, c. 30, Sched. D, s. 11; 2004, c. 30, s. 5. Limitations, etc. (2) An authorization or a direction under subsection (1) may contain such limitations, restrictions, conditions and requirements as the Minister considers appropriate.  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. 5 - 16/12/2004