13 The Authority has the capacity and the rights, powers and privileges of a natural person, except as limited by this Act or the regulations. Note: Sections 14 to 62 of this Act are not yet in force. They come into force on a day to be named by proclamation of the Lieutenant Governor. Memorandum of understanding 14 (1) The Minister and the Authority shall enter into a memorandum of understanding, which must, at a minimum, (a) set out requirements relating to the governance of the Authority; (b) set out requirements with which the Authority shall comply in connection with its administration of this Act and the regulations, including a requirement that the Authority maintain adequate insurance against liability arising out of its administration of this Act and the regulations; and (c) set out requirements with which the Authority shall comply in connection with carrying out its other objects. Conflict (2) In the event of conflict between any provision of this Act or the regulations and any provision of the memorandum of understanding or the Authority’s by-laws or resolutions, the provision of this Act or the regulations prevails to the extent of the conflict. Amendment by Minister (3) If the Minister considers it to be in the public interest, the Minister may unilaterally amend the memorandum of understanding after giving the Authority the notice that the Minister considers reasonable in the circumstances. Accountability Minister’s authority to appoint supervisor 15 (1) If the Minister considers it to be in the public interest, the Minister may appoint a person as a supervisor for the Authority for the purposes of assuming control of it and responsibility for its activities. Notice of appointment (2) The Minister shall give the board the notice that the Minister considers reasonable in the circumstances before appointing the supervisor. Immediate appointment (3) Subsection (2) does not apply if there are not enough members on the board to form a quorum. Term of appointment (4) The appointment of the supervisor is valid until the Minister terminates the appointment. Powers and duties of supervisor (5) Unless the supervisor’s appointment provides otherwise, the supervisor has the exclusive right to exercise all the powers and perform all the duties of the directors, officers and members of the Authority. Same (6) In appointing the supervisor, the Minister may specify the supervisor’s powers and duties and the conditions governing them. Right of access (7) The supervisor has the same rights as the board in respect of the Authority’s documents, records and information. Report to Minister (8) The supervisor shall report to the Minister as the Minister requires. Minister’s directions (9) The Minister may issue directions to the supervisor with regard to any matter within the supervisor’s jurisdiction, and the supervisor shall carry them out. Status of board during supervisor’s tenure 16 (1) On the appointment of a supervisor under section 15, the members of the board cease to hold office, unless the supervisor’s appointment provides otherwise. Same (2) During the term of the supervisor’s appointment, the powers of any director of the Authority who continues to hold office are suspended, unless the supervisor’s appointment provides otherwise. Policy directions 17 (1) If the Minister considers it to be in the public interest, the Minister may issue policy or operational directions to the Authority relating to its administration of this Act, after giving the Authority the notice that the Minister considers reasonable in the circumstances. Compliance required (2) The Authority shall comply with the policy directions and shall implement measures to do so. Ministerial reviews 18 (1) The Minister may require that reviews of the Authority, of its operations or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out, (a) by or on behalf of the Authority; or (b) by a person or entity specified by the Minister. Access to records (2) If a review is carried out by a person or entity specified by the Minister, the Authority shall give the person or entity specified by the Minister and the employees and agents of the person or entity access to all records and other information required to conduct the review. Report to Minister (3) The results of reviews under this section shall be reported to the Minister within the time specified by the Minister. Conditions (4) The Minister may impose any additional requirements or conditions with respect to a review carried out under this section. Duty to advise the Minister 19 (1) The Authority shall promptly inform and advise the Minister with respect to, (a) any information that could affect the Authority’s ability to exercise its powers or perform its duties under this Act; and (b) any urgent or critical matter that is likely to require action by the Minister. Same (2) The Authority shall advise or report to the Minister, within the time period that the Minister specifies, on any matter that the Minister refers to it and that relates to this Act, the regulations or the memorandum of understanding. Internal audit 20 The board shall appoint an auditor licensed under the Public Accounting Act, 2004 to audit the accounts and financial transactions of the Authority annually. External audit 21 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the Authority, other than an audit required under the Corporations Act. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 21 (1) of the Act is amended by striking out “Corporations Act” at the end and substituting “Not-for-Profit Corporations Act, 2010”. (See: 2021, c. 27, Sched. 2, s. 64 (2)) Access (2) When the Auditor General conducts an audit under subsection (1), the Authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. Section Amendments with date in force (d/m/y) 2021, c. 27, Sched. 2, s. 64 (2) - not in force Disclosure of compensation and other payments 22 (1) The Authority shall, in accordance with the regulations, make available to the public any information specified by the Minister relating to, (a) the compensation that the Authority pays to members of its board of directors, its officers and its employees; and (b) any other payments that the Authority makes or is required to make to the persons mentioned in clause (a). Website, etc. (2) The information described in subsection (1) must be made available to the public on the Authority’s website and by any other means that the Authority determines. Definition (3) In this section, “compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle the person to be paid, and includes salary, benefits, perquisites and all forms of non-discretionary and discretionary payments. Public interest considerations 23 In exercising a power under subsection 14 (3), 15 (1) or 17 (1), the Minister may consider any matter the Minister regards as relevant to the public interest including, without limiting the generality of the foregoing, whether, (a) the exercise of the power is necessary to prevent serious harm to public safety or to the interests of individuals who receive health services or supportive care services from registrants; (b) an event of force majeure has occurred; (c) the Authority is facing a risk of insolvency; or (d) the board’s composition is no longer in compliance with the requirements set out in this Act, or the number of directors of the Authority is insufficient for a quorum. Miscellaneous Prohibitions Commercial activities 24 (1) The Authority shall not engage in commercial activity through an individual, corporation or other entity that is related to the Authority. Subsidiary corporations (2) The Authority shall not establish a subsidiary corporation. Services in French 25 The French Language Services Act
applies to the Authority as though it were a government agency under that Act. Part III   Applications for Registration Applications 26 (1) An applicant may apply to the Authority for registration or renewal of registration in a class described in subsection (2). Classes (2) The classes of registration to which an applicant may apply are, (a) the personal support worker class; and (b) any other prescribed class. Form and manner (3) The application must be made in the form and manner required by the Authority. Registration 27 (1) An applicant is entitled to registration or renewal of registration by the Chief Executive Officer in the class they are applying for unless the Chief Executive Officer refuses to grant the application under section 28. Request for information (2) The Chief Executive Officer may request that an applicant for registration or renewal of registration provide to the Chief Executive Officer, in the form and manner and within the time period specified by the Chief Executive Officer, (a) information specified by the Chief Executive Officer that is relevant to the decision to be made by the Chief Executive Officer as to whether or not to grant the registration or renewal; and (b) verification, by affidavit or otherwise, of any information described in clause (a) that the applicant is providing or has provided to the Chief Executive Officer. Approval and conditions (3) Subject to subsection (4), the Chief Executive Officer may, (a) approve the registration or renewal of a registration on such conditions as the Chief Executive Officer considers appropriate; and (b) at any time impose on a registration such conditions as the Chief Executive Officer considers appropriate. Notice required if no consent to conditions (4) The Chief Executive Officer must provide notice in writing to the applicant under subsection 28 (3) if the Chief Executive Officer proposes to impose conditions on a registration or renewal to which the applicant has not consented. Refusal to register, etc. 28 (1) If an applicant or a registrant meets the prescribed prohibited grounds for registration, the Chief Executive Officer shall, as applicable, (a) refuse to register or renew the registration of the applicant; or (b) revoke the registrant’s registration. Failure to meet prescribed criteria (2) The Chief Executive Officer may refuse to grant or renew a registration if, in the Chief Executive Officer’s opinion, the applicant does not meet the prescribed criteria for that class of registration. Notice (3) The Chief Executive Officer shall notify an applicant or registrant in writing if they propose to, (a) refuse to grant or renew a registration in accordance with subsection (1) or (2); (b) revoke the registrant’s registration in accordance with subsection (1); or (c) impose conditions to a registration or renewal to which the applicant has not consented. Content of notice (4) The notice described in subsection (3) shall, (a) set out the reasons for the proposed action; and (b) state that the applicant is entitled to a review in writing of the application and the documentary evidence supporting it by the Health Professions Appeal and Review Board if the applicant mails or delivers, within 15 days after service of the notice, a written request to the Chief Executive Officer and to the Health Professions Appeal and Review Board. Where no request for review (5) If an applicant does not request a review in writing after receiving the notice described in clause (4) (b), the Chief Executive Officer may carry out the proposal. If review requested (6) If a review in writing of a matter is requested, the Health Professions Appeal and Review Board shall conduct the written review in accordance with section 29. Continuation pending renewal (7) If, within the time prescribed or, if no time is prescribed, before the expiry of the applicant’s registration, the applicant has applied for renewal of a registration and paid the required fee, if any, the registration shall be deemed to continue, (a) until the renewal is granted; or (b) if the applicant is served notice that the Chief Executive Officer proposes to refuse to grant the renewal, until the time for requesting a review has expired or, if a review is requested, until the Health Professions Appeal and Review Board makes its order. Voluntary cancellation (8) The Chief Executive Officer may cancel a registration upon the request, in writing, of the applicant and this section does not apply to the cancellation. Written review by HPARB 29 (1) After receiving a request for a written review from an applicant under subsection 28 (6), the Health Professions Appeal and Review Board shall conduct a written review in accordance with the procedures provided for in the regulations, if any. Non-application of the Statutory Powers Procedure Act (2) A written review conducted by the Health Professions Appeal and Review Board under this section is not a proceeding within the meaning of the Statutory Powers Procedure Act and the Statutory Powers Procedure Act does not apply to such a review, except as provided for in the regulations. Powers (3) After conducting a written review, the Health Professions Appeal and Review Board may by order, (a) direct the Chief Executive Officer to carry out the Chief Executive Officer’s proposal; or (b) substitute its opinion for that of the Chief Executive Officer, which may include granting, refusing to grant or applying conditions to the registration. CEO shall comply (4) The Chief Executive Officer shall comply with any orders made under subsection (3). Conditions (5) An order under subsection (3) is subject to any conditions specified in the order and may attach conditions to a registration. Parties (6) The Chief Executive Officer and the applicant are the parties to a written review under this section. Part IV   Registrations Conditions and the Register Registration subject to conditions 30 A registration is subject to any conditions that are applied to the registration under this Act or that are otherwise prescribed. Expiry of registration 31 Registrations expire in accordance with the rules set out in the Authority’s by-laws. Register 32 (1) The Chief Executive Officer shall, in accordance with the regulations, establish and maintain a register of registrants and shall make available to the public, (a) the names of registrants; (b) any other information that may be prescribed in respect of registrants; and (c) any other information that may be required by the Authority’s by-laws. Form and manner (2) The information to be maintained by the Chief Executive Officer in the register shall be maintained in the form and manner set out in the regulations. Reporting and Information Reporting by registrants re: offences 33 (1) A registrant shall file a report in writing with the Authority if the registrant has been found guilty of an offence, other than a prescribed offence. Timing of report (2) The report must be filed as soon as reasonably practicable after the registrant receives notice of the finding of guilt. Contents of report (3) Subject to subsection (4), the report must contain, (a) the name of the registrant filing the report; (b) the nature of, and a description of the offence; (c) the date the registrant was found guilty of the offence; (d) the name and location of the court that found the registrant guilty of the offence; and (e) the status of any appeal initiated respecting the finding of guilt. Publication ban (4) The report shall not contain any information that violates a publication ban. Same (5) No action shall be taken under this section which violates a publication ban and nothing in this section requires or authorizes the violation of a publication ban. Additional reports (6) A registrant who files a report under subsection (1) shall file an additional report if there is a change in status of the finding of guilt as the result of an appeal. Reporting by registrants re: charges and bail conditions, etc. 34 (1) A registrant shall file a report in writing with the Authority if the registrant has been charged with an offence other than a prescribed offence, and the report shall include information about every bail condition or other restriction imposed on, or agreed to, by the registrant in connection with the charge. Timing of report (2) The report must be filed as soon as reasonably practicable after, (a) the registrant receives notice that they were charged with the offence; or (b) the bail conditions or other restrictions were imposed on or agreed to by the registrant. Contents of report (3) Subject to subsection (4), the report must contain, (a) the name of the registrant filing the report; (b) the nature of, and a description of, the charge; (c) the date the charge was laid against the registrant; (d) the name and location of the court in which the charge was laid or in which the bail condition or restriction was imposed on or agreed to by the registrant; (e) every bail condition imposed on the registrant as a result of the charge; (f) any other restriction imposed on or agreed to by the registrant relating to the charge; and (g) the status of any proceedings with respect to the charge. Publication ban (4) The report shall not contain any information that violates a publication ban. Same (5) No action shall be taken under this section which violates a publication ban and nothing in this section requires or authorizes the violation of a publication ban. Additional reports (6) A registrant who files a report under subsection (1) shall file an additional report if there is a change in status of the charge or bail conditions as the result of an appeal. Sexual abuse reporting 35 (1) A registrant shall file a written report with the Authority if the registrant has reasonable grounds to believe that another registrant has sexually abused a person who receives health services or supportive care services. Same, member of health profession College (2) A registrant shall file a written report with a College within the meaning of the Regulated Health Professions Act, 1991 if the registrant has reasonable grounds to believe that a member of that College has sexually abused a person who receives health services or supportive care services. If name not known (3) A registrant is not required to file a report under subsection (1) or (2) if the registrant does not know the name of the registrant or member who would be the subject of the report. Requirement to inform (4) If a registrant is required to file a report under subsection (1) or (2), the registrant shall use their best efforts to advise the person who is alleged to have been sexually abused of the requirement to file the report before doing so. Contents of report (5) The report required under subsection (1) or (2) must contain the following information, to the extent that it is known by the registrant: 1. The name of the registrant filing the report. 2. The name of the registrant or member who is the subject of the report. 3. An explanation of the alleged sexual abuse. 4. Subject to subsection (6), the name of the person who was alleged to have been sexually abused. Consent required (6) The name of a person who was alleged to have been sexually abused must not be included in a report under subsection (1) or (2) unless that person, or if that person is incapable, the person’s representative, consents in writing to the inclusion of the person’s name. Collection of personal information from registrants 36 (1) At the request of the Minister, the Authority shall collect information directly from registrants as is reasonably necessary for the purpose of human resources planning or research. Unique identifiers (2) A unique identifier shall be assigned by the Minister or a person designated by the Minister for each registrant from whom information is collected under subsection (1). Form and manner (3) The unique identifier shall be in the form and manner specified by the Minister. Registrants to provide information (4) A registrant who receives a request for information for the purpose of subsection (1) shall provide the information to the Authority within the time period and in the form and manner specified by the Authority. Disclosure to Minister (5) The Authority shall disclose the information collected under subsection (1) to the Minister within the time period and in the form and manner specified by the Minister. Use, collection, disclosure and publication (6) The following applies to information collected under subsection (1): 1. The information may only be used for the purposes set out under subsection (1). 2. The Minister shall not collect personal information if other information will serve the purposes set out under subsection (1). 3. The Minister shall not collect more personal information than is necessary for the purposes set out under subsection (1). 4. The Minister may disclose the information only for the purposes set out in subsection (1). 5. Reports and other documents using information collected under this section may be published for the purposes set out under subsection (1), and for those purposes only, but personal information about a registrant shall not be included in those reports or documents. Notice required by s. 39 (2) of FIPPA (7) If the Minister requires the Authority to collect personal information from its registrants under subsection (1), the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act is given by, (a) a public notice posted on a website of the Government of Ontario; or (b) any other public method that may be prescribed. Same (8) If the Minister publishes a notice referred to under subsection (7), the Minister shall advise the Authority of the notice and the Authority shall also publish a notice about the collection within 20 days of receiving the advice from the Minister. Definitions (9) In this section, “human resources planning” means ensuring the sufficiency and appropriate distribution of registrants in Ontario; (“planification des ressources humaines”) “information” includes personal information about registrants, but does not include personal health information; (“renseignements”) “research” means the study of data and information in respect of human resources planning. (“recherche”) Prohibitions on Non-Registrants Holding out prohibitions for non-registrants Use of mark or visual identifier 37 (1) No individual shall use or hold themselves out as being entitled to use a visual mark or other identifier established by the Authority for a class of registrants unless the individual is authorized to do so by the Authority in accordance with this Act and the regulations. Other forms of holding out (2) No individual shall otherwise represent or hold themselves out as being a registrant unless the individual is registered with the Authority in accordance with this Act. Part V   Complaints, Investigations and Discipline Complaints and Investigations Complaints 38 (1) If the Chief Executive Officer receives a complaint about a registrant, the Chief Executive Officer may investigate the complaint and may, in writing, request information in relation to the complaint from any person, including the registrant who is the subject of the complaint. Request for information (2) A request for information under subsection (1) shall indicate the nature of the complaint. Duty to comply with request (3) A registrant who receives a request for information under subsection (1) shall provide the information as soon as possible. Appointment of investigators 39 (1) The Chief Executive Officer may appoint persons to be investigators for the purposes of conducting investigations, (a) into complaints received by the Chief Executive Officer; or (b) where the Chief Executive Officer has reason to believe that a registrant may have acted in a manner that breaches the Act, the regulations or the prescribed code of ethics that applies to them. Certificate of appointment (2) The Chief Executive Officer shall issue to every investigator a certificate of appointment bearing the Chief Executive Officer’s signature or a facsimile of the signature. Production of certificate of appointment (3) Every investigator who is conducting an investigation shall, upon request, produce the certificate of appointment as an investigator. Application of Public Inquiries Act, 2009 (4) An investigator may inquire into and examine the actions of a registrant and section 33 of the Public Inquiries Act, 2009 applies to that inquiry and examination. Reasonable inquiries (5) An investigator may make reasonable inquiries of any person, including the registrant who is the subject of the investigation, on matters relevant to the investigation. Entry and examination (6) Subject to section 40, an investigator may, on the production of their certificate of appointment, enter a place in which a registrant provides health services or supportive care services to the public, or in which documents or records relevant to the registrant’s provision of health services or supportive care services are located, at any reasonable time and may examine anything found there that is relevant to the investigation. Entry to dwellings 40 In conducting an investigation, an investigator shall not enter any dwelling except, (a) with the consent of the occupier; or (b) under the authority of a warrant issued under section 41. Entries and searches 41 (1) A justice of the peace may, on the application of an investigator made without notice, issue a warrant authorizing an investigator to enter and search a place and examine any document or thing specified in the warrant if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds for believing that, (a) the registrant being investigated has contravened the prescribed code of ethics that applies to them; and (b) there is something relevant to the investigation at the place. Hours of execution (2) A warrant issued under subsection (1) may be executed only between 8 a.m. and 8 p.m. unless the warrant specifies otherwise. Application for dwelling (3) An application for a warrant under subsection (1) to enter a dwelling shall specifically indicate that the application relates to a dwelling. Powers under the warrant (4) Subject to any conditions contained in the warrant, a warrant issued under subsection (1) authorizes an investigator to, (a) enter or access the building, dwelling, receptacle or place specified in the warrant and to seize, examine and remove anything described in the warrant; (b) make reasonable inquiries of any person, orally or in writing, with respect to anything relevant to the investigation; (c) require a person to produce the information or evidence described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the information or evidence described in the warrant; (d) use any data storage, processing or retrieval device or system used to engage in the activities of a registrant in order to produce information or evidence described in the warrant, in any form; and (e) use any investigative technique or procedure or do anything described in the warrant. Assistance and entry by force (5) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) may call upon police officers for assistance in executing the warrant and may enter a place using whatever reasonable force is necessary. Investigator to show identification (6) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) shall produce their certificate of appointment, on request, to any person at the place. Copying of documents and objects 42 (1) An investigator may copy, at the Authority’s expense, a document or object that an investigator may examine under subsection 39 (6) or under the authority of a warrant issued under subsection 41 (1). Removal for documents and objects (2) An investigator may remove a document or object described in subsection (1) if, (a) it is not practicable to copy it in the place where it is examined; or (b) a copy of it is not sufficient for the purposes of the investigation. Return of documents and objects or copies (3) If it is practicable to copy a document or object removed under subsection (2), the investigator shall, (a) if it was removed under clause (2) (a), return the document or object within a reasonable time; or (b) if it was removed under clause (2) (b), provide the person who was in possession of the document or object with a copy of it within a reasonable time. Copy as evidence (4) A copy of a document or object certified by an investigator to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document or object itself. Definition (5) In this section, “document” means a record of information in any form and includes any part of it. Obstruction, etc. prohibited 43 (1) No person shall, (a) hinder, obstruct or interfere with an investigator in the performance of their duties; (b) withhold or conceal from an investigator or destroy anything that is relevant to the investigation; or (c) knowingly furnish false information to an investigator in the performance of their duties. Co-operation (2) A registrant shall co-operate fully with, (a) any investigator appointed under this Act; and (b) any request for information by the Chief Executive Officer under subsection 38 (1). Resolution of Complaints or Investigations and Appeals Chief Executive Officer actions 44 At any time following the receipt of a complaint or following the appointment of an investigator, the Chief Executive Officer may do any of the following, as appropriate, subject to any additional procedures provided for in the regulations: 1. Attempt to mediate or resolve the complaint. 2. Give the registrant a written warning that action may be taken against them if they continue to engage in specified activity. 3. Require the registrant to take further educational courses or training. 4. Impose conditions on the registration under clause 27 (3) (b), subject to the requirements in section 28. 5. Refer any contraventions of the prescribed code of ethics that applies to the registrant, in whole or in part, to the discipline committee of the Authority. 6. Take any further prescribed actions that the Chief Executive Officer considers appropriate. Urgent interim action 45 (1) The Chief Executive Officer may, at any time following the receipt of a complaint or following the appointment of an investigator, suspend or impose conditions on a registrant’s registration on an interim basis if the Chief Executive Officer believes on reasonable and probable grounds that the conduct of the registrant exposes or is likely to expose members of the public who receive health services or supportive care services from the registrant to harm or injury and that urgent intervention by the Chief Executive Officer is needed. No notice or review required (2) The requirements in section 28 do not apply to an interim action taken under subsection (1). Duration (3) An interim action taken under subsection (1) continues in force until, (a) it is varied or revoked by the Chief Executive Officer; (b) the Chief Executive Officer chooses to take an action under paragraphs 1, 2, 3, 4 or 6 of section 44 with respect to the matter; (c) if the Chief Executive Officer refers the matter to the discipline committee under paragraph 5 of section 44, (i) the matter is disposed of by the discipline committee and any applicable deadline for appealing the decision to the appeals committee expires, or (ii) the appeals committee finally disposes of the matter. Procedure following interim action (4) If an interim action is taken under subsection (1), the Chief Executive Officer shall give precedence to the complaint or investigation that gave rise to the interim action and endeavour to investigate or otherwise deal with the matter within a reasonable period of time. Discipline and appeals committees Discipline committee 46 (1) The board shall establish a discipline committee in accordance with the regulations to hear and determine, in accordance with the prescribed procedures, issues concerning whether registrants have failed to comply with the prescribed code of ethics that applies to them. Non-application of Statutory Powers Procedure Act (2) The Statutory Powers Procedure Act does not apply to proceeding before the discipline committee concerning whether registrants have failed to comply with the prescribed code of ethics that applies to them, except as provided for in the regulations. Appointment of members (3) The board shall appoint the members of the discipline committee and, in making the appointments, shall ensure that the prescribed requirements for the composition of the committee are met. Result of a determination (4) If the discipline committee makes a determination under subsection (1) that a registrant has failed to comply with the prescribed code of ethics that applies to them, it may make an order as appropriate, (a) directing the Chief Executive Officer to revoke the registrant’s registration; (b) directing the Chief Executive Officer to suspend a registrant’s registration for a specified period of time; (c) directing the Chief Executive Officer to impose specified conditions on a registrant’s registration for a specified or indefinite period of time; or (d) taking such other action as may be prescribed. CEO shall comply (5) The Chief Executive Officer shall comply with any orders made under subsection (4). No notice or review required (6) The requirements in section 28 do not apply with respect to any actions taken to comply with an order made under subsection (4). Same (7) In making an order under subsection (4), the discipline committee may specify criteria to be satisfied for the removal of a suspension or the removal of conditions imposed on a registrant’s registration. Circumstances where revocation of registration is mandatory (8) Despite subsection (4), if the discipline committee determines that a registrant has failed to comply with the prescribed code of ethics that applies to them in prescribed circumstances, the discipline committee must make an order directing the Chief Executive Officer to revoke the registrant’s registration. Suspension of order (9) The discipline committee may suspend the effect of all or part of an order made under subsection (4) for a specified period and on specified conditions. Exception (10) Subsection (9) does not apply to orders that the discipline committee is required to make under subsection (8). Appeals committee 47 (1) The board shall establish an appeals committee in accordance with the regulations to consider, in accordance with the prescribed procedures, appeals from orders of the discipline committee. Appointment of members (2) The board shall appoint the members of the appeals committee and, in making such appointments, shall ensure that the prescribed requirements for the composition of the committee are met. Appeal (3) A party to a proceeding before the discipline committee may appeal the final order of the discipline committee to the appeals committee in accordance with the regulations. Procedure (4) The appeals committee shall conduct any appeals to it in accordance with the procedural requirements set out in the regulations, if any. Non-application of Statutory Powers Procedure Act (5) The Statutory Powers Procedure Act does not apply to a proceeding before the appeals committee, except as may be prescribed. Power of the appeals committee (6) The appeals committee may by order overturn, affirm or modify the order of the discipline committee and may make an order described in section 44. Public access to decisions 48 Decisions of the discipline committee and the appeals committee shall be made available to the public in such manner as may be prescribed. Part VI   Miscellaneous Forms 49 The Authority may require the use of forms it develops in connection with administering this Act or the regulations. Fees, etc. 50 (1) The Authority may set and charge fees, costs or other charges in relation to anything that the Authority does in administering this Act or anything that the Chief Executive Officer does under this Act as long as the decisions to set and charge are made in accordance with processes and criteria that the Authority establishes and that the Minister approves. Exception (2) The Authority shall not set or charge any fees, costs or charges payable by a person for making a complaint to the Chief Executive Officer. Setting fees, etc. (3) In setting the fees, costs and charges described in subsection (1), the Authority may specify their amounts or the method for determining the amounts. Collection (4) The Authority may, (a) set the time and manner of payment of the fees, costs and charges charged by it under subsection (1); and (b) require the payment of interest and other penalties, including payment of collection costs, when fees, costs and charges charged under subsection (1) are unpaid or paid after the due date. Publication (5) The Authority shall publish the fees, costs and charges, the processes and criteria and anything set or required under subsection (4) on its website and in any other way described in the memorandum of understanding. Not public money (6) For greater certainty, the money that the Authority collects in administering this Act or the regulations is not public money as defined in the Financial Administration Act, and the Authority may use the money to carry out its objects. Confidentiality 51 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act, the regulations or the memorandum of understanding shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b) for the purposes of the administration of another prescribed Act of Ontario or Canada; (c) to a College that governs a health profession within the meaning of the Regulated Health Professions Act, 1991 or to a similar body that governs a health profession outside of Ontario; (d) to another person or entity outside of Ontario that regulates the activities of individuals who perform health services or supportive care services that are substantially similar to those performed by registrants; (e) to a police officer to aid an investigation that may result in a law enforcement proceeding, subject to any restrictions set out in the regulations; (f) to the counsel of the person who is required to keep the information confidential under this section; (g) for the purpose of confirming whether the Authority has received a complaint or is investigating a registrant, if there is a compelling public interest in the disclosure of that information; (h) if the disclosure is required by an Act of Ontario or Canada; (i) if there are reasonable grounds to believe that the disclosure is necessary for the purpose of eliminating or reducing a significant risk of serious bodily harm to a person or group of persons; (j) with the consent of the person to whom the information relates; or (k) to a prescribed entity or organization. Testimony (2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act, the regulations or the memorandum of understanding. Evidence in civil proceedings 52 No record of a proceeding under this Act, no document or thing prepared for or statement given at such a proceeding and no order or decision made in such a proceeding is admissible in a civil proceeding other than a proceeding under this Act. Service 53 (1) Any notice, order or request made under this Act is sufficiently given or served if it is, (a) delivered personally; (b) sent by courier; (c) sent by registered mail; (d) sent by e-mail; or (e) sent by fax. Deemed service (2) Subject to subsection (3), the notice, order or request shall be deemed to have been served, (a) on the day it was delivered personally; (b) on the fifth day after it was couriered; (c) on the fifth day after it was mailed; (d) on the day after it was sent by email; or (e) on the day after it was sent by fax. Holidays (3) If the day described in clause (2) (b), (c), (d) or (e) is a holiday, the notice shall be deemed to have been served on the next day that is not a holiday. Failure to receive beyond person’s control (4) Subsection (2) does not apply if the person receiving the notice, order or request that the person, acting in good faith, did not receive it or received it on a later date because of a reason beyond the person’s control, including accident, disability or illness. Exception (5) Despite subsections (1) and (2), the Health Professions Appeal and Review Board may order any other method of service that it considers appropriate in the circumstances of any notices, orders or requests to or from the Board. Review of Act 54 (1) Within five years after this section comes into force, the Minister shall undertake a comprehensive review of this Act and shall prepare a report setting out the findings of the review. Tabling in Assembly (2) The Minister shall deliver the report to the Speaker of the Assembly, who shall lay the report before the Assembly at the earliest reasonable opportunity. Part VII   Offences Offences 55 A person is guilty of an offence if the person, (a) furnishes false information in any application of registration or renewal of registration under this Act; (b) contravenes subsection 35 (1) or (2) (Sexual abuse reporting); (c) contravenes section 37 (Holding out prohibitions for non-registrants); or (d) contravenes section 43 (Obstruction, etc. prohibited). Penalty Individual 56 (1) Every individual who is found guilty of an offence under section 55 is liable on conviction to a fine of not more than $25,000. Corporation (2) Every corporation that is found guilty of an offence under section 55 is liable on conviction to a fine of not more than $50,000. Directors and officers (3) If a corporation is guilty of an offence under section 55, every director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is deemed to be a party to and guilty of the offence and on conviction is liable to a fine of not more than $25,000. Protection of personal health information 57 Where documents or materials are filed with a court in relation to an investigation into an offence under this Act or in a prosecution for an offence under this Act, including under sections 158 to 160 of the Provincial Offences Act, the court may, at any time, take precautions to avoid the disclosure by the court or any person of any personal health information about an individual, including, where appropriate, (a) removing the identifying information of any person whose personal health information is referred to in any documents or materials; (b) receiving representations without notice; (c) conducting hearings or parts of hearings in private; or (d) sealing all or part of the court files. Part VIII   Liability of the Authority and the Crown No personal liability, Authority officials 58 (1) No cause of action arises against any of the following persons as a result of any act done in good faith in the exercise or performance or intended exercise or performance of their duties or powers under this Act or any alleged neglect or default in the performance in good faith of such duties or powers: 1. The Chief Executive Officer. 2. An investigator appointed under this Act. 3. A director or an officer of the Authority. 4. Any other person whom the Authority employs or whose services the Authority retains in accordance with this Act. 5. An agent of the Authority. 6. A member of the discipline committee, the appeals committee or of any other committee provided for in the regulations. 7. A supervisor appointed under this Act. No personal liability during supervisor’s tenure, directors (2) No cause of action arises against a director of the Authority for any act, neglect or default done by the supervisor or the Authority after the director’s removal under subsection 16 (1) or while the director’s powers are suspended under subsection 16 (2). Liability of Authority for Authority officials (3) Subsections (1) and (2) do not relieve the Authority of liability to which it would otherwise be subject in respect of the acts or omissions of a person mentioned in subsection (1). Authority officials not agents or employees of the Crown (4) The persons listed in subsection (1) are not and shall not be deemed to be agents or employees of the Crown, and they shall not hold themselves out as such. No personal liability, Crown officials 59 (1) No cause of action arises against any of the following persons as a result of any act done in good faith in the exercise or performance or intended exercise or performance of their duties or powers under this Act or any alleged neglect or default in the performance in good faith of such duties or powers: 1. A member of the Executive Council, including the Minister. 2. An employee, officer or agent of the Crown. Crown liability for Crown officials (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject. Loss of status as Crown official (3) A person mentioned in subsection (1) who accepts employment in or assignment to the Authority, including appointment as a director or supervisor of the Authority, is deemed not to be an employee, officer or agent of the Crown for the purposes of this Part during the period of the employment or assignment, as the case may be, in respect of any act or omission relating to the employment or assignment. No Crown liability, persons other than Crown officials 60 (1) No cause of action arises against the Crown, or any person mentioned in subsection 59 (1), as a direct or indirect result of any act or omission of a person who is not a person mentioned in subsection 59 (1) if the act or omission is related, directly or indirectly, to the exercise or performance or intended exercise or performance of a duty or power under this Act. Indemnification (2) The Authority shall indemnify the Crown and any person mentioned in subsection 59 (1) in respect of damages and costs incurred by the Crown or any such person for any act or omission of the Authority or of any person mentioned in subsection 58 (1) in carrying out that person’s duties or powers under this Act. Proceedings barred 61 (1) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be commenced against, (a) any person mentioned in subsection 58 (1) in respect of a matter referred to in that subsection; (b) any director of the Authority mentioned in subsection 58 (2) in respect of a matter referred to in that subsection; (c) any person mentioned in subsection 59 (1) in respect of a matter referred to in that subsection; or (d) any person, including the Crown, mentioned in subsection 60 (1) in respect of a matter referred to in that subsection. Application (2) Without limiting the generality of subsection (1), that subsection applies to any proceeding, including a court, administrative or arbitral proceeding, claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, including loss of revenue and loss of profit, or any other remedy or relief, and includes a proceeding to enforce a judgment, order or award made by a court, tribunal or arbitrator outside of Canada. Exception — judicial review (3) This Part does not apply to prevent an application for judicial review. Interpretation, former officials 62 A reference in this Part to an officer, employee, service provider, agent, or other official includes reference to a former officer, employee, service provider, agent, or other official, in relation to the exercise of powers and the performance of duties and functions in their capacity as an officer, employee, service provider, agent or other official. Part IX   Regulations