jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) In this Act, “Authority” means the corporation without share capital incorporated under section 2; (“Office”) “board” means the board of directors of the Authority; (“conseil”) “Chief Executive Officer” means the Chief Executive Officer of the Authority appointed under subsection10 (1); (“directeur général”) “memorandum of understanding” means the memorandum of understanding described in subsection 14 (1); (“protocole d’entente”) “Minister” means the Minister of Health or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “personal health information” has the same meaning as in section 4 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”) “prescribed” means prescribed by the regulations; (“prescrit”) “registrant” means a person or individual that is registered with the Authority under this Act; (“titulaire d’une inscription”) “regulations” means the regulations made under this Act. (“règlements”) Sexual abuse (2) In this Act, “sexual abuse” of a person who receives health services or supportive care services from a registrant means, (a) sexual intercourse or other forms of physical sexual relations between the registrant and the person, (b) touching, of a sexual nature, of the person by the registrant, or (c) behaviour or remarks of a sexual nature by the registrant towards the person. Same, exceptions (3) For the purposes of subsection (2), “sexual nature” does not include, (a) touching, behaviour or remarks that are appropriate to the service provided by the registrant, or (b) any other prescribed conduct, behaviour or remarks. Part II   The Authority Establishment, Composition and Governance
2 A corporation without share capital is established under the name Health and Supportive Care Providers Oversight Authority in English and Office de surveillance des fournisseurs de soins de santé et de soutien in French.
3 (1) The Authority is composed of the members of its board of directors. Same (2) A person ceases to be a member of the Authority when they cease to be a director of the Authority.
4 (1) The Authority shall have a board of directors which shall manage or supervise the management of the affairs of the Authority. Composition of board (2) The board shall consist of no fewer than eight and no more than 12 directors. Appointed directors (3) The Lieutenant Governor in Council may appoint directors to the board, subject to subsection (4). Not majority (4) The Lieutenant Governor in Council shall ensure that the directors appointed by the Lieutenant Governor in Council do not constitute a majority of the directors on the board. Elected directors (5) The directors that are not appointed by the Lieutenant Governor in Council shall be elected by the members of the board. Eligibility (6) A person is eligible to be elected or appointed as a director of the Authority if they, (a) are not a registrant; (b) meet any prescribed qualifications; and (c) in the case of elected board members described in subsection (5), meet any qualifications that are set out in the Authority’s by-laws. Rules respecting who may serve as director of Authority (7) The regulations may establish rules regarding who can serve as a director of the Authority, including, (a) requiring that no more than a fixed percentage of directors shall be drawn from among specified persons or classes of persons; (b) specifying the qualifications for being a director of the Authority; (c) specifying the length of a director’s term; and (d) specifying the number of terms that a director can serve. Remuneration and expenses (8) The Authority shall pay reasonable remuneration and expenses to the directors. Meetings (9) The board shall meet regularly throughout the year and in any event shall hold at least four meetings in each calendar year. Quorum (10) A majority of the number of directors required to be on the board constitutes a quorum. Chair (11) The Minister shall designate a chair of the board from among the directors. First election (12) The first election of the directors mentioned in subsection (5) shall take place before the second anniversary of the day this section comes into force or before a later date that is prescribed.
5 (1) Until the first election of the directors mentioned in subsection 4 (12) takes place, the Authority shall have an interim board consisting of three to five directors who shall be appointed by the Lieutenant Governor in Council. Remuneration and expenses of interim board (2) The remuneration and expenses of the directors on the interim board shall be determined by the Lieutenant Governor in Council. Application of s. 4 (3) Section 4, except subsections (2) to (5) and (8), applies to the interim board.
6 (1) The board may make by-laws for the management of the Authority and for the conduct and administration of the Authority’s operations, including with respect to, (a) delegating any powers and duties of the board or of the Chief Executive Officer under this Act to any person, subject to any conditions the board may specify; (b) establishing and governing the expiry of registrations issued under this Act; and (c) requiring information to be included in the register required by section 32. Elected directors (2) The board shall make a by-law regarding who can serve as directors elected to the board, the criteria and qualifications for persons to be nominated for election to the board and the process for their election. Minister’s approval required (3) The board may make a by-law described in subsection (2) only with the written approval of the Minister. Available to the public (4) The Authority shall publish each by-law on the website of the Authority as soon as practicable after the by-law becomes effective.
7 The Authority is not an agent of the Crown and shall not hold itself out as an agent of the Crown.
8 The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Authority except as prescribed. 2021, c. 27, Sched. 2, s. 64 (1). Section Amendments with date in force (d/m/y) 2021, c. 27, Sched. 2, s. 64 (1) - 26/10/2021 Employees, Officers, Agents and Committees
9 The Authority may employ or retain the services of any qualified person to carry out any power or duty of the Authority.
10 (1) The board shall appoint one of its employees as the Chief Executive Officer. Restriction (2) The Chief Executive Officer shall not be a registrant or a director of the Authority. Duties (3) The Chief Executive Officer shall have the powers and perform the duties assigned to the Chief Executive Officer under this Act and by the board. Non-application of Statutory Powers Procedure Act (4) The Statutory Powers Procedure Act does not apply to anything done by the Chief Executive Officer under this Act, except as may be prescribed. Note: Section 11 of this Act is not yet in force. It comes into force on a day to be named by proclamation of the Lieutenant Governor. Advisory committees 11 (1) The board shall establish a separate advisory committee for each class of registrants in accordance with the regulations to advise and make recommendations to the board and the Chief Executive Officer about issues pertaining to registrants in that class of registration. Composition (2) In addition to any other requirements provided for in the regulations, every advisory committee for a class of registrants shall include, (a) one or more individuals who represent the interests of persons who receive health services or supportive care services from that class of registrants or the caregivers of such individuals; (b) one or more individuals who are registrants in that class of registration; and (c) one or more individuals who are educators of registrants in that class of registration. Objects, Powers and Duties
12 The objects of the Authority are, (a) to administer this Act and the regulations, including overseeing their enforcement; (b) to establish and maintain educational and skills-based qualifications for each class of registrants; (c) to establish and maintain one or more visual marks or identifiers for use by registrants that can identify registrants to members of the public; (d) to promote the provision of safe, competent, ethical and high-quality health services and supportive care services by registrants to members of the public; (e) to establish and maintain codes of ethics applicable to each class of registrants in relation to the health services or supportive care services they provide to members of the public; (f) to educate registrants, employers and members of the public about matters relating to this Act and the regulations; (g) to advise the Minister, at the Minister’s request, on matters specified by the Minister, which may include, (i) whether additional classes of registration should be prescribed, (ii) whether existing classes of registration should no longer be prescribed, (iii) suggestions for amendments to the Act or the regulations to support the operations of the Authority, and (iv) any other policy matter concerning the Authority’s objects that the Minister considers advisable; and (h) to carry out any other duties or powers assigned to the Authority under this Act.