77.7 (1) Where the Chief Medical Officer of Health is of the opinion that there exists or there may exist an immediate risk to the health of persons anywhere in Ontario, he or she may issue a directive to any health care provider or health care entity respecting precautions and procedures to be followed to protect the health of persons anywhere in Ontario.  2007, c. 10, Sched. F, s. 15. Precautionary principle (2) In issuing a directive under subsection (1), the Chief Medical Officer of Health shall consider the precautionary principle where, (a) in the opinion of the Chief Medical Officer of Health there exists or may exist an outbreak of an infectious or communicable disease; and (b) the proposed directive relates to worker health and safety in the use of any protective clothing, equipment or device.  2007, c. 10, Sched. F, s. 15. Must comply (3) A health care provider or health care entity that is served with a directive under subsection (1) shall comply with it.  2007, c. 10, Sched. F, s. 15. No coercion of professionals (4) For greater certainty, a directive under subsection (1) may not be used to compel regulated health professionals to provide services without their consent.  2007, c. 10, Sched. F, s. 15. No conflict with OHSA (5) Despite subsection (1), in the event of a conflict between this section and the Occupational Health and Safety Act or a regulation made under it, the Occupational Health and Safety Act or the regulation made under it prevails.  2007, c. 10, Sched. F, s. 15. Definitions (6) In this section, “health care provider or health care entity” means: 1. A regulated health professional or a person who operates a group practice of regulated health professionals. 2.  Repealed: 2020, c. 13, Sched. 3, s. 4 (1). 3. A health service provider or Ontario Health Team that provides a home and community care service pursuant to funding under section 21 of the Connecting Care Act, 2019, including a person or entity from whom the provider or Team has purchased the home and community care service. 4. A hospital within the meaning of the Public Hospitals Act, a private hospital within the meaning of the Private Hospitals Act, a psychiatric facility within the meaning of the Mental Health Act
or an integrated community health services centre within the meaning of the Integrated Community Health Services Centres Act, 2023. 5. A pharmacy within the meaning of the Drug and Pharmacies Regulation Act. 6. A laboratory or a specimen collection centre as defined in section 5 of the Laboratory and Specimen Collection Centre Licensing Act. 7. An ambulance service within the meaning of the Ambulance Act. 8. A paramedic under the Ambulance Act. 9. A home for special care within the meaning of the
Homes for Special Care Act. 9.1 A local health integration network within the meaning of the Local Health System Integration Act, 2006. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 9.1 of the definition of “health care provider or health care entity” in subsection 77.7 (6) of the Act is repealed. (See: 2019, c. 5, Sched. 3, s. 9 (2)) 10. A long-term care home under the Fixing Long-Term Care Act, 2021. Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “health care provider or health care entity” in subsection 77.7 (6) of the Act is amended by adding the following paragraph: (See: 2023, c. 19, s. 20) 10.1 The Service Organization. 11. A centre, program or service for community health or mental health whose primary purpose is the provision of health care. 12. A prescribed person or entity; (“fournisseur de soins de santé ou entité chargée de la fourniture de soins de santé”) “precautionary principle” has the meaning prescribed in regulations made by the Lieutenant Governor in Council; (“principe de précaution”) “regulated health professional” means a health practitioner whose profession is regulated under the Regulated Health Professions Act, 1991 or the Drugless Practitioners Act. (“membre d’une profession de la santé réglementée”)  2007, c. 10, Sched. F, s. 15; 2009, c. 33, Sched. 18, s. 12 (7); 2011, c. 1, Sched. 6, s. 3; 2016, c. 30, s. 39 (2, 4, 5); 2016, c. 30, s. 39 (3); 2020, c. 13, Sched. 3, s. 4; 2021, c. 39, Sched. 2, s. 10 (2); 2023, c. 4, Sched. 1, s. 72. 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 (7) - 15/12/2009 2011, c. 1, Sched. 6, s. 3 - 30/03/2011 2016, c. 30, s. 39 (2, 4, 5) - 08/12/2016; 2016, c. 30, s. 39 (3)
- 01/11/2017 2017, c. 25, Sched. 9, s. 98 (2, 3) - no effect - see 2023, c. 4, Sched. 1, s. 67 - 18/05/2023 2019, c. 5, Sched. 3, s. 9 (2) - not in force 2020, c. 13, Sched. 3, s. 4 (1, 2) - 01/05/2022 2021, c. 39, Sched. 2, s. 10 (2) - 11/04/2022 2023, c. 4, Sched. 1, s. 72 - 25/09/2023; 2023, c. 19, s. 20
- not in force