jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purposes of this Act are, (a)  to ensure that a wide range of community services is available to people in their own homes and in other community settings so that alternatives to institutional care exist; (b)  to provide support and relief to relatives, friends, neighbours and others who provide care for a person at home; (c)  to improve the quality of community services and to promote the health and well-being of persons requiring such services; (d)  to recognize, in all aspects of the management and delivery of community services, the importance of a person’s needs and preferences, including preferences based on ethnic, spiritual, linguistic, familial and cultural factors; (e)  to integrate community services that are health services with community services that are social services in order to facilitate the provision of a continuum of care and support; (f)  Repealed:  2011, c. 1, Sched. 6, s. 4 (1). (g)  to promote equitable access to community services through the application of consistent eligibility criteria and uniform rules and procedures; (h)  to promote the effective and efficient management of human, financial and other resources involved in the delivery of community services; (i)  to encourage local community involvement, including the involvement of volunteers, in planning, co-ordinating, integrating and delivering community services and in governing the agencies that deliver community services; and (j)  to promote co-operation and co-ordination between providers of community services and providers of other health and social services; (k)  Repealed:  2011, c. 1, Sched. 6, s. 4 (2). 1994, c. 26, s. 1; 2011, c. 1, Sched. 6, s. 4 (1, 2); 2016, c. 23, s. 52. Section Amendments with date in force (d/m/y) 2011, c. 1, Sched. 6, s. 4 (1, 2) - 30/03/2011 2016, c. 23, s. 52
- 05/12/2016 PART II   INTERPRETATION
3 (1) A service provider shall ensure that the following rights of persons receiving community services from the service provider are fully respected and promoted: 1.  A person receiving a community service has the right to be dealt with by the service provider in a courteous and respectful manner and to be free from mental, physical and financial abuse by the service provider. 2.  A person receiving a community service has the right to be dealt with by the service provider in a manner that respects the person’s dignity and privacy and that promotes the person’s autonomy. 3.  A person receiving a community service has the right to be dealt with by the service provider in a manner that recognizes the person’s individuality and that is sensitive to and responds to the person’s needs and preferences, including preferences based on ethnic, spiritual, linguistic, familial and cultural factors. 4.  A person receiving a community service has the right to information about the community services provided to him or her and to be told who will be providing the community services. 5.  A person applying for a community service has the right to participate in the service provider’s assessment of his or her requirements and a person who is determined under this Act to be eligible for a community service has the right to participate in the service provider’s development of the person’s plan of service, the service provider’s review of the person’s requirements and the service provider’s evaluation and revision of the person’s plan of service. 6.  A person has the right to give or refuse consent to the provision of any community service. 7.  A person receiving a community service has the right to raise concerns or recommend changes in connection with the community service provided to him or her and in connection with policies and decisions that affect his or her interests, to the service provider, government officials or any other person, without fear of interference, coercion, discrimination or reprisal. 8.  A person receiving a community service has the right to be informed of the laws, rules and policies affecting the operation of the service provider and to be informed in writing of the procedures for initiating complaints about the service provider. 9.  A person receiving a community service has the right to have his or her records kept confidential in accordance with the law.  1994, c. 26, s. 3 (1). Guide to interpretation (2) This Act and the regulations shall be interpreted so as to advance the objective that the rights set out in subsection (1) be respected.  1994, c. 26, s. 3 (2). Deemed contract (3) A service provider shall be deemed to have entered into a contract with each person receiving a community service from the service provider, agreeing to respect and promote the rights set out in subsection (1).  1994, c. 26, s. 3 (3). PART IV   FUNDING AND APPROVALS
4 The Minister, (a)  may provide community services; (b)  may establish, operate and maintain facilities for the provision of community services; (c)  may make agreements with others for the provision of community services by them; (d)  may make payments for community services provided by others; (e)  may provide financial assistance with respect to operating expenditures incurred or to be incurred by others in connection with their provision of community services; (f)  may provide financial assistance to agencies with respect to capital expenditures incurred or to be incurred by them in connection with their provision of community services; and (g)  may make grants and contributions for the provision of community services and for consultation, research and evaluation with respect to community services.  1994, c. 26, s. 4.
5 (1) The Minister, (a)  may approve an agency, other than an agency referred to in clause (b), to provide a community service if the Minister is satisfied that, (i)  the agency, with financial assistance under this Act or under the Connecting Care Act, 2019, will be financially capable of providing the service, and (ii)  the agency is or will be operated in compliance with the Bill of Rights set out in section 3 and with competence, honesty, integrity and concern for the health, safety and well-being of the persons receiving the service; and (b)  shall approve, (i)  an agency that is an organization operating under the authority of a First Nation to provide a community service, if the Minister has entered into an agreement with the First Nation under clause 9 (1) (a) and the agency meets the requirements for approval set out in the agreement, (ii)  an agency that is an organization operating under the authority of a group of First Nations to provide a community service, if the Minister has entered into an agreement with the group of First Nations under clause 9 (1) (b) and the agency meets the requirements for approval set out in the agreement, (iii)  an agency that is an organization operating under the authority of an aboriginal community to provide a community service, if the Minister has entered into an agreement under clause 9 (1) (c) with the agency or an aboriginal organization other than the agency and the agency meets the requirements for approval set out in the agreement.  1994, c. 26, s. 5 (1); 2006, c. 4, s. 47 (2); 2019, c. 5, Sched. 3, s. 10 (4, 5). Financial and other assistance (2) If the Minister approves an agency to provide a community service under subsection (1), the Minister may give the agency financial and other assistance.  1994, c. 26, s. 5 (2). Effective date of approval (3) If the Minister so specifies, an approval under subsection (1) shall be deemed to have taken effect on a day fixed by the Minister that is before the day on which the approval is given.  1994, c. 26, s. 5 (3). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 47 (2)
- 01/05/2010 2019, c. 5, Sched. 3, s. 10 (4) - 06/06/2019; 2019, c. 5, Sched. 3, s. 10 (5) - 01/04/2021
6 (1) If the Minister is satisfied that premises are suitable for the provision of a community service, the Minister may approve the premises for the provision of the service by an approved agency and may give the agency financial and other assistance for the maintenance and operation of the premises and the provision of the service.  1994, c. 26, s. 6 (1). Approval may relate to all or part of building, etc. (2) The Minister’s approval under subsection (1) may specify a building, several buildings, a part of a building or parts of several buildings as the approved premises.  1994, c. 26, s. 6 (2). Effective date of approval (3) If the Minister so specifies, an approval of premises under subsection (1) for the provision of a community service by an approved agency shall be deemed to have taken effect on a day fixed by the Minister that is before the day on which the approval of the premises is given but not before the day on which the approval of the agency under section 5 takes effect.  1994, c. 26, s. 6 (3); 2006, c. 19, Sched. L, s. 7. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. L, s. 7 - 22/06/2006
7 The Minister may impose terms and conditions on an approval given under subsection 5 (1) or 6 (1) and may from time to time amend or remove the terms and conditions or impose new terms and conditions.  1994, c. 26, s. 7.
8 (1) The Minister may impose terms and conditions on payments, grants, contributions and other financial assistance provided under this Act and may from time to time amend or remove the terms and conditions or impose new terms and conditions.  1994, c. 26, s. 8 (1). Security for payment of funds (2) Without limiting the generality of subsection (1), the Minister may, as a condition of providing funds under this Act, require the recipient of the funds to secure their repayment in the manner determined by the Minister.  1994, c. 26, s. 8 (2). PART V   AGREEMENTS WITH FIRST NATIONS OR ABORIGINAL ORGANIZATIONS
9 (1) The Minister may, (a)  enter into an agreement with a First Nation to provide for community services for the people of the First Nation; (b)  enter into an agreement with a group of First Nations to provide for community services for the people of those First Nations; (c)  enter into an agreement with an aboriginal organization to provide for community services for the members of one or more aboriginal communities.  1994, c. 26, s. 9 (1). Same (2) An agreement under subsection (1) may provide for matters in addition to or in substitution for matters provided for in this Act or the regulations and it may also provide that one or more provisions of this Act or the regulations do not apply in respect of a First Nation, an aboriginal community or an organization referred to in clause (e) of the definition of “agency” in subsection 2 (1).  1994, c. 26, s. 9 (2). Regulation (3) If an agreement under subsection (1) provides that one or more provisions of this Act or the regulations do not apply, the Lieutenant Governor in Council shall, by regulation, name the party or parties with whom the Minister made the agreement, the date on which the agreement takes effect, the provisions of this Act and the regulations that do not apply and the persons in respect of whom the provisions do not apply.  1994, c. 26, s. 9 (3). Agreement available for inspection (4) At the request of any person, the Minister shall make a copy of an agreement made under subsection (1) available for inspection by the person during normal business hours at a place designated by the Minister.  1994, c. 26, s. 9 (4). Part VI (ss. 10-18) Repealed:  2011, c. 1, Sched. 6, s. 4 (6). 10-15 Repealed:  2011, c. 1, Sched. 6, s. 4 (6). Section Amendments with date in force (d/m/y) 2011, c. 1, Sched. 6, s. 4 (6) - 30/03/2011 16 Repealed:  2011, c. 1, Sched. 6, s. 4 (6). Section Amendments with date in force (d/m/y) 2007, c. 8, s. 215 (2)
- 01/07/2010 2011, c. 1, Sched. 6, s. 4 (6) - 30/03/2011 17, 18 Repealed:  2011, c. 1, Sched. 6, s. 4 (6). Section Amendments with date in force (d/m/y) 2011, c. 1, Sched. 6, s. 4 (6) - 30/03/2011 PART VII   RULES GOVERNING APPROVED AGENCIES
19 No approved agency shall transfer, assign, lease, encumber, or otherwise convey an interest in, any of the assets it acquires with financial assistance from the Province of Ontario, except in accordance with the regulations.  1994, c. 26, s. 19.
20 An approved agency that is a corporation described in clause (a) or (b) of the definition of “agency” in subsection 2 (1) shall pass by-laws containing the provisions prescribed for the class of agencies to which it belongs.  1994, c. 26, s. 20; 2011, c. 1, Sched. 6, s. 4 (7). Section Amendments with date in force (d/m/y) 2011, c. 1, Sched. 6, s. 4 (7) - 30/03/2011
21 (1) Repealed:  2011, c. 1, Sched. 6, s. 4 (8). Same (2) An approved agency that is a corporation described in clause (a) of the definition of “agency” in subsection 2 (1) shall file a copy of each of the following documents with the Minister promptly after the document is issued or made: 1.  The agency’s articles of incorporation. 2.  Each of the agency’s articles of amendment. 3.  Each of the agency’s by-laws and each of the amendments to its by-laws.  1994, c. 26, s. 21 (2); 2010, c. 15, s. 232 (2). Same (3) An approved agency that is a corporation described in clause (b) of the definition of “agency” in subsection 2 (1) shall file a copy of each of the following documents with the Minister promptly after the document is issued or made: 1.  The agency’s certificate of incorporation with the articles of incorporation attached, the agency’s certificate of amalgamation with the articles of amalgamation attached, or the agency’s certificate of continuation with the articles of continuation attached. 2.  Each of the agency’s certificates of amendment with the articles of amendment attached and each of the agency’s restated certificates of incorporation with the restated articles of incorporation attached. 3.  Each of the agency’s by-laws and each of the amendments to its by-laws.  1994, c. 26, s. 21 (3). No conflict (4) An approved agency that is required to file documents under subsection (2) or (3) shall ensure that none of the documents it is required to file conflicts with any of the following: 1.  This Act. 2.  The regulations. 3.  The provisions required by section 20 to be contained in the agency’s by-laws. 4.  The terms and conditions imposed by the Minister under section 7 or 8.  1994, c. 26, s. 21 (4); 2011, c. 1, Sched. 6, s. 4 (9, 10). Solicitor’s certificate (5) When filing a document under subsection (2) or (3), the approved agency shall also file with the Minister a certificate of the agency’s solicitor certifying that the document does not conflict with any of the items referred to in subsection (4).  1994, c. 26, s. 21 (5); 2011, c. 1, Sched. 6, s. 4 (11). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 232 (2)
- 19/10/2021 2011, c. 1, Sched. 6, s. 4 (8-11) - 30/03/2011
22 (1) When a person applies to an approved agency for any of the community services that the agency provides or arranges, the agency shall, (a)  assess the person’s requirements; (b)  determine the person’s eligibility for the services that the person requires; and (c)  for each person who is determined to be eligible, develop a plan of service that sets out the amount of each service to be provided to the person.  1994, c. 26, s. 22 (1). Revision of plan of service (2) If a person is receiving a community service provided or arranged by an approved agency, the agency shall, (a)  review the person’s requirements when appropriate, depending on the person’s condition and circumstances; and (b)  evaluate the person’s plan of service and revise it as necessary when the person’s requirements change.  1994, c. 26, s. 22 (2). Co-ordination of services (3) If a person is receiving more than one community service provided or arranged by an approved agency, the agency shall assist the person in co-ordinating the services he or she receives, in accordance with the person’s wishes.  1994, c. 26, s. 22 (3). Participation in plan of service (4) An approved agency shall provide an opportunity to participate fully in the development, evaluation and revision of a plan of service to, (a)  the person who is the subject of the plan of service; (b)  if the person who is the subject of the plan of service is mentally incapable, the person or persons who are lawfully authorized to make a decision on his or her behalf concerning the community services in the plan of service; and (c)  the person, if any, designated by the persons referred to in clauses (a) and (b).  1994, c. 26, s. 22 (4); 1996, c. 2, s. 71 (2). Other assessments to be considered (5) In assessing a person’s requirements under clause (1) (a) and in reviewing a person’s requirements under clause (2) (a), an approved agency shall take into account all assessments and information that are provided to it relating to the person’s capacity, the person’s impairment or the person’s requirements for health care or community services.  1994, c. 26, s. 22 (5); 1996, c. 2, s. 71 (3). Person’s preferences to be considered (6) In developing, evaluating and revising a person’s plan of service, an approved agency shall take into account the person’s preferences, including preferences based on ethnic, spiritual, linguistic, familial and cultural factors.  1994, c. 26, s. 22 (6). Compliance with regulations (7) An approved agency shall apply the prescribed criteria, follow the prescribed procedures and comply with the prescribed rules and standards in assessing a person’s requirements, determining a person’s eligibility and developing, evaluating and revising a plan of service.  1994, c. 26, s. 22 (7). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 71 (2, 3) - 29/03/1996
23 (1) An approved agency shall ensure that the services outlined in a person’s plan of service are provided to the person within a time that is reasonable in the circumstances.  1994, c. 26, s. 23 (1). Waiting list (2) If a community service outlined in a person’s plan of service is not immediately available, the approved agency shall place the person on the waiting list for that service and shall advise the person when the service becomes available.  1994, c. 26, s. 23 (2).
24 Nothing in this Act authorizes an approved agency to assess a person’s requirements, determine a person’s eligibility or provide a community service to a person, without the person’s consent.  1994, c. 26, s. 24.
25 (1) An approved agency shall give a notice to, (a)  each person receiving a community service provided or arranged by the approved agency; (b)  if the person receiving the community service is mentally incapable, the person who is lawfully authorized to make a decision on his or her behalf concerning the community service; and (c)  the person, if any, designated by the persons referred to in clauses (a) and (b).  1994, c. 26, s. 25 (1); 1996, c. 2, s. 71 (4). Content of notice (2) The notice, (a)  shall set out the rights listed in subsection 3 (1) and shall state that the approved agency and the service providers, if any, from whom the approved agency purchases community services are obliged to respect and promote those rights; (b)  shall set out the procedures for making complaints or suggestions respecting the approved agency and the service providers, if any, from whom the approved agency purchases community services; (c)  shall state that a request for access to a record of personal health information may be made by a person entitled to the access under the Personal Health Information Protection Act, 2004, and shall specify the person to whom the request must be made; (d)  Repealed:  2004, c. 3, Sched. A, s. 89 (5). (e)  shall, if the agency has entered into an agreement with the Minister under clause 4 (c) or a service accountability agreement, state that a person referred to in clause (1) (a), (b) or (c) has a right to review the agreement at the location and times specified in the notice; and (f)  shall set out such other matters as are prescribed.  1994, c. 26, s. 25 (2); 2004, c. 3, Sched. A, s. 89 (5); 2006, c. 4, s. 47 (3); 2019, c. 5, Sched. 3, s. 10 (6). Format of notice (3) The notice shall be given in writing, subject to subsection (4).  1994, c. 26, s. 25 (3). Same (4) If the person to whom the notice is required to be given requests that the notice be given in one of the alternative formats prescribed by the regulations, the approved agency shall give the notice to the person in the requested format instead of in writing.  1994, c. 26, s. 25 (4). Review of agreement (5) If a person attempts to exercise the right referred to in clause (2) (e) at the location and time specified in the notice, the approved agency shall ensure that the person is allowed to exercise the right.  1994, c. 26, s. 25 (5). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 71 (4) - 29/03/1996 2004, c. 3, Sched. A, s. 89 (5) - 01/11/2004 2006, c. 4, s. 47 (3)
- 01/05/2010 2019, c. 5, Sched. 3, s. 10 (6) - 06/06/2019
26 (1) An approved agency shall develop and implement a plan for preventing, recognizing and addressing physical, mental and financial abuse of persons who receive community services provided by the agency or purchased by the agency from other service providers.  1994, c. 26, s. 26 (1). Same (2) The plan required under subsection (1) shall provide, among other things, for the education and training of the approved agency’s employees and volunteers in methods of preventing, recognizing and addressing physical, mental and financial abuse.  1994, c. 26, s. 26 (2).
27 An approved agency shall ensure that a quality management system is developed and implemented for monitoring, evaluating and improving the quality of the community services provided or arranged by the agency.  1994, c. 26, s. 27. Charges for services
28 (1) If an approved agency provides or arranges the provision to a person of a professional or personal support service in accordance with the person’s plan of service, the approved agency shall not require payment from the person for the service and shall not accept a payment made by or on behalf of the person for the service.  1994, c. 26, s. 28 (1). Rules for charges for other services (2) Subject to subsection (3), if an approved agency provides or arranges the provision to a person of a homemaking or community support service in accordance with the person’s plan of service, the approved agency may require payment from the person for the service and may accept a payment made by or on behalf of the person for the service. 2016, c. 30, s. 40 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 28 (2) of the Act is amended by striking out “Subject to subsection (3),” at the beginning. (See: 2019, c. 5, Sched. 3, s. 10 (7)) LHINs providing services (3) If a local health integration network provides or arranges the provision to a person of a homemaking or community support service in accordance with the person’s plan of service, the network shall not require payment from the person for the service and shall not accept a payment made by or on behalf of the person for the service. 2016, c. 30, s. 40 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 28 (3) of the Act is repealed. (See: 2019, c. 5, Sched. 3, s. 10 (8)) Section Amendments with date in force (d/m/y) 2016, c. 30, s. 40 (1)
- 08/12/2016 2019, c. 5, Sched. 3, s. 10 (7, 8) - not in force Part VII.1   provision of community services Note: On a day to be named by proclamation of the Lieutenant Governor, the heading to Part VII.1 of the Act is repealed and the following substituted: (See: 2019, c. 5, Sched. 3, s. 10 (10)) Part VII.1   Funding
28.1 (1) Despite subsection 5 (1), the Minister may approve a local health integration network to provide a community service for the residents of the geographic area of the local health integration network. 2016, c. 30, s. 40 (2). Effective date of approval (2) If the Minister so specifies, an approval under subsection (1) shall be deemed to have taken effect on a day fixed by the Minister that is before the day on which the approval is given. 2016, c. 30, s. 40 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 28.1 of the Act is repealed. (See: 2019, c. 5, Sched. 3, s. 10 (11)) Section Amendments with date in force (d/m/y) 2016, c. 30, s. 40 (2)
- 08/12/2016 2019, c. 5, Sched. 3, s. 10 (11) - not in force
28.2 The Minister may impose terms and conditions on an approval given under subsection 28.1 (1) and may from time to time amend or remove the terms and conditions or impose new terms and conditions. 2016, c. 30, s. 40 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 28.2 of the Act is repealed. (See: 2019, c. 5, Sched. 3, s. 10 (11)) Section Amendments with date in force (d/m/y) 2016, c. 30, s. 40 (2)
- 08/12/2016 2019, c. 5, Sched. 3, s. 10 (11) - not in force
28.3 (1) If the Minister approves a local health integration network to provide a community service under section 28.1, the Minister may, (a)  fund the local health integration network for the purpose of providing community services and set terms and conditions with respect to such funding; and (b)  enter into an agreement with the local health integration network for the purpose of providing community services. 2016, c. 30, s. 40 (2). Deemed accountability agreement (2) An agreement entered into under subsection (1) is deemed to be an accountability agreement for the purposes of section 18 of the Local Health System Integration Act, 2006. 2016, c. 30, s. 40 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 28.3 of the Act is repealed. (See: 2019, c. 5, Sched. 3, s. 10 (11)) Section Amendments with date in force (d/m/y) 2016, c. 30, s. 40 (2)
- 08/12/2016 2019, c. 5, Sched. 3, s. 10 (11) - not in force
28.4 (1) When a local health integration network provides a community service as approved by the Minister under subsection 28.1 (1), the network is deemed to be an approved agency or service provider, as the case may be, for the purpose of this Act and the regulations under this Act, and the network shall provide the services in accordance with this Act and the regulations under this Act except that the following provisions of this Act and the regulations that apply under those sections do not apply to a network: 1.  Sections 19, 20 and 21. 2.  Clause 25 (2) (e) and subsection 25 (5). 3.  Clause 31 (b). 4.  Part X (other than subsection 56 (1)). 2016, c. 30, s. 40 (2). Clarification (2) For greater clarity, a local health integration network is deemed to be an approved agency and not a service provider for the purposes of clauses 25 (2) (a) and (b), subsection 26 (1) and section 29. 2016, c. 30, s. 40 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 28.4 of the Act is repealed. (See: 2019, c. 5, Sched. 3, s. 10 (11)) Section Amendments with date in force (d/m/y) 2016, c. 30, s. 40 (2)
- 08/12/2016 2019, c. 5, Sched. 3, s. 10 (11) - not in force
29 (1) If an approved agency purchases a community service from a service provider in accordance with a person’s plan of service, the service provider shall not require or accept payment for the service from anyone other than the approved agency.  1994, c. 26, s. 29 (1). Purchased services: collection of fee from recipient (2) Despite subsection (1), the service provider may collect on behalf of the approved agency the amount that the approved agency requires the person receiving the service to pay under section 28.  1994, c. 26, s. 29 (2).
30 A service provider shall, (a)  give the Minister the prescribed reports, documents and information at the prescribed times; and (b)  give the Minister such reports, documents and information as the Minister requests at the times specified by the Minister.  1994, c. 26, s. 30.
31 A service provider shall post in his, her or its business premises, (a)  a copy of section 3; (b)  a copy of the agreement, if any, made between the service provider and the Minister under clause 4 (c) or a service accountability agreement; and (c)  such other documents and information as are prescribed.  1994, c. 26, s. 31; 2006, c. 4, s. 47 (4); 2019, c. 5, Sched. 3, s. 10 (24). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 47 (4)
- 01/05/2010 2019, c. 5, Sched. 3, s. 10 (24) - 06/06/2019
32 A service provider may disclose a record of personal health information to the Minister if the disclosure is for the purpose of enabling the Minister to exercise a power under section 64.  2004, c. 3, Sched. A, s. 89 (6). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 71 (5-11) - 29/03/1996 2004, c. 3, Sched. A, s. 89 (6) - 01/11/2004
33 (1) Subject to this section, a service provider shall disclose a record of personal health information as required by a summons, order, direction, notice or similar requirement, in connection with a matter that is in issue or that may be in issue in a court or under an Act.  1994, c. 26, s. 33 (1); 2004, c. 3, Sched. A, s. 89 (7). Statement by service provider (2) If the service provider states in writing that, in the opinion of the service provider, disclosure of the record of personal health information or a part of the record is likely to result in serious physical or serious emotional harm to the person to whom the record relates or to another person, the service provider shall not disclose the record, or the part of the record, specified in the statement, unless the service provider is ordered to do so by the court or the administrative body before which the matter is or may be in issue, after a hearing from which the public is excluded and that is held on notice to the service provider.  1994, c. 26, s. 33 (2); 2004, c. 3, Sched. A, s. 89 (8). Examination of record of personal health information (3) The court or the administrative body holding a hearing under subsection (2) may examine the record of personal health information in order to determine whether it should be disclosed, and at the request of the court or the administrative body, the service provider shall disclose the record to the court or the administrative body for the purpose of such examination.  1994, c. 26, s. 33 (3); 2004, c. 3, Sched. A, s. 89 (9). Order (4) After a hearing under subsection (2), the court or the administrative body may order the service provider to disclose the record, or the part of the record, specified in the notice, (a)  if the court or body is not satisfied that the disclosure is likely to result in serious physical or serious emotional harm to the person to whom the record relates or to another person, or (b)  if, despite being satisfied that the disclosure is likely to result in serious physical or serious emotional harm to the person to whom the record relates or to another person, the court or body is satisfied that the disclosure is essential in the interests of justice.  1994, c. 26, s. 33 (4). Return of record to service provider (5) If, under this section, a record of personal health information is admitted into evidence in a proceeding in a court or before an administrative body or is given to a person, the clerk of the court or body in which the record was admitted into evidence or the person to whom the record was given shall return the record to the service provider promptly after the determination of the matter in issue in respect of which the record was required.  1994, c. 26, s. 33 (5); 2004, c. 3, Sched. A, s. 89 (10). Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 89 (7-10) - 01/11/2004
34 In a proceeding before the Appeal Board under this Act in respect of a person, a service provider who has the custody or the control of a record of personal health information respecting the person shall disclose it to the Appeal Board at the request of any party to the proceeding.  2004, c. 3, Sched. A, s. 89 (11). Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 89 (11) - 01/11/2004
35 (1) Subject to subsection (2), no person shall disclose, in a proceeding in a court or before an administrative body, information about a person obtained in the course of, (a)  an assessment or review of the person’s requirements for community services; (b)  a determination of the person’s eligibility for a community service; (c)  the development or revision of a plan of service for the person; (d)  the provision of a community service to the person; or (e)  employment by a service provider.  1994, c. 26, s. 35 (1). Exception (2) A person may disclose information described in subsection (1) in a proceeding before a court or an administrative body if, (a)  the disclosure is consented to, (i)  if the person to whom the information relates is mentally capable, by the person to whom the information relates, or (ii)  if the person to whom the information relates is mentally incapable, by his or her substitute decision-maker; or (b)  the court or body determines that the disclosure is essential in the interests of justice, after a hearing from which the public is excluded and that is held, (i)  if the person to whom the information relates is mentally capable, on notice to the person to whom the information relates, or (ii)  if the person to whom the information relates is mentally incapable, on notice to his or her substitute decision-maker.  1994, c. 26, s. 35 (2); 1996, c. 2, s. 71 (12, 13). Non-application (3) This section does not apply to a proceeding before the Appeal Board under this Act.  2004, c. 3, Sched. A, s. 89 (12). Same (4) This section does not apply to a proceeding before a court or an administrative body that is commenced by or on behalf of the person to whom the information relates and that relates to a community service provided to or applied for by the person.  1994, c. 26, s. 35 (4). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 71 (12, 13) - 29/03/1996 2004, c. 3, Sched. A, s. 89 (12) - 01/11/2004
35.1 Sections 33, 34 and 35 prevail despite anything to the contrary in the Personal Health Information Protection Act, 2004.  2004, c. 3, Sched. A, s. 89 (13). Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 89 (13) - 01/11/2004
36 (1) Despite subsection 89 (14) of Schedule A to the Health Information Protection Act, 2004, this section, as it read immediately before that subsection came into force, continues to apply to a request for access that a person made under this section before that subsection came into force.  2004, c. 3, Sched. A, s. 89 (14). Explanation of plan of service (2) If a person who makes a request to an approved agency for access to his or her plan of service also requests that the approved agency provide an explanation of the plan of service, the approved agency shall provide the explanation when it gives the person access to the plan of service.  2004, c. 3, Sched. A, s. 89 (14). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 71 (14-18) - 29/03/1996 2004, c. 3, Sched. A, s. 89 (14) - 01/11/2004 37 Repealed:  2004, c. 3, Sched. A, s. 89 (15). Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 89 (15) - 01/11/2004
38 In providing or arranging the provision of community services and in performing its other functions and duties under this Act, a service provider shall comply with the prescribed rules and standards and shall follow the prescribed procedures.  1994, c. 26, s. 38. PART IX   COMPLAINTS AND APPEALS
39 (1) An approved agency shall establish a process for reviewing complaints made to it by a person about any of the following matters: 1.  A decision by the approved agency that the person is not eligible to receive a particular community service. 2.  A decision by the approved agency to exclude a particular community service from the person’s plan of service. 3.  A decision by the approved agency respecting the amount of any particular community service to be included in the person’s plan of service. 4.  A decision by the approved agency to terminate the provision of a community service to the person. 5.  The quality of a community service provided to the person or arranged for the person by the approved agency. 6.  An alleged violation by the approved agency of any of the person’s rights set out in subsection 3 (1).  1994, c. 26, s. 39 (1). Complaint under par. 5 or 6 of subs. (1) (2) Within 60 days after a complaint is made to an approved agency about a matter referred to in paragraph 5 or 6 of subsection (1), the approved agency shall review the complaint and respond to the person who made the complaint.  1994, c. 26, s. 39 (2). Complaint under par. 1, 2, 3 or 4 of subs. (1) (3) Within 60 days after a complaint is made to an approved agency about a decision referred to in paragraph 1, 2, 3 or 4 of subsection (1), the approved agency shall, (a)  affirm the decision and give a written notice of the affirmation to the persons referred to in subsection (4); (b)  rescind the decision and give a written notice of the rescission to the persons referred to in subsection (4); or (c)  rescind the decision, substitute a new decision in its place and give a copy of the new decision to the persons referred to in subsection (4).  1994, c. 26, s. 39 (3). Who must be given notice (4) A notice under clause (3) (a) or (b) or a copy of a decision under clause (3) (c) shall be given, (a)  to the person to whom the decision relates; and (b)  if the person to whom the decision relates is mentally incapable, to the person who is lawfully authorized to make a decision on his or her behalf concerning the community service.  1996, c. 2, s. 71 (19). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 71 (19) - 29/03/1996 Appeals
40 (1) A person to whom a decision referred to in paragraph 1, 2, 3 or 4 of subsection 39 (1) relates and who has made a complaint to the approved agency about the decision may appeal the decision to the Appeal Board if, (a)  either of the persons referred to in subsection 39 (4) receives a notice of the affirmation of the decision under clause 39 (3) (a); or (b)  neither of the persons referred to in subsection 39 (4) receives a notice under clause 39 (3) (a) or (b) or a copy of a decision under clause 39 (3) (c) within 60 days after the complaint is made.  1994, c. 26, s. 40 (1). Appeal of new decision (2) A person to whom a decision referred to in paragraph 1, 2, 3 or 4 of subsection 39 (1) relates and who has made a complaint to the approved agency about the decision may, if either of the persons referred to in subsection 39 (4) receives a copy of the approved agency’s new decision under clause 39 (3) (c), appeal the new decision to the Appeal Board.  1994, c. 26, s. 40 (2). Notice (3) To appeal the decision of the approved agency to the Appeal Board under subsection (1) or (2), the person shall give the Appeal Board a notice requiring a hearing.  1994, c. 26, s. 40 (3).
41 (1) If a person appeals a decision of an approved agency to the Appeal Board in accordance with section 40, the Appeal Board shall promptly appoint a time and place for a hearing.  1994, c. 26, s. 41 (1). When hearing to begin (2) The hearing shall begin within 30 days after the day the Appeal Board receives the notice requiring the hearing, unless the parties agree to a postponement.  1994, c. 26, s. 41 (2). Notice of hearing (3) The Appeal Board shall give each of the parties and the Minister at least seven days notice of the time and place of the hearing.  1994, c. 26, s. 41 (3).
42 The parties to a proceeding before the Appeal Board under this Act are the person appealing the approved agency’s decision, the approved agency whose decision is being appealed and any other persons specified by the Appeal Board.  1994, c. 26, s. 42.
43 The Minister is entitled to be heard by counsel or otherwise in a proceeding before the Appeal Board under this Act.  1994, c. 26, s. 43. 44, 45 Repealed:  1998, c. 18, Sched. G, s. 65 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 65 (2) - 01/02/1999
46 (1) If a party to a proceeding before the Appeal Board under this Act wishes to give evidence in the proceeding or wishes to call another person as a witness to give evidence in the proceeding but the party or other person is unable to attend the hearing by reason of age, infirmity or physical disability, the Appeal Board members holding the hearing may, at the request of the party, attend upon the party or the other person, as the case may be, and take his or her evidence.  1994, c. 26, s. 46 (1). Medical report proves inability (2) A medical report signed by a legally qualified medical practitioner stating that the practitioner believes that the person is unable to attend the hearing by reason of age, infirmity or physical disability is proof, in the absence of evidence to the contrary, of the inability of the person to attend the hearing.  1994, c. 26, s. 46 (2). Notice to all parties (3) No Appeal Board member shall take evidence from anyone under subsection (1) unless reasonable notice of the time and place for taking the evidence is given to all parties to the proceeding and each party attending is given an opportunity to examine or cross-examine the person giving the evidence.  1994, c. 26, s. 46 (3).
47 Subsections 23 (1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Act.  1998, c. 18, Sched. G, s. 65 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 65 (3) - 01/02/1999
48 (1) After a hearing by the Appeal Board under this Act, the Appeal Board may, (a)  affirm the decision of the approved agency; (b)  rescind the decision of the approved agency and refer the matter back to the approved agency for a new decision in accordance with such directions as the Appeal Board considers appropriate; or (c)  rescind the decision of the approved agency, substitute its opinion for that of the approved agency and direct the approved agency to implement the decision of the Appeal Board in accordance with such directions as the Appeal Board considers appropriate.  1994, c. 26, s. 48 (1). (2) Repealed:  1998, c. 18, Sched. G, s. 65 (4). Decision and reasons (3) The Appeal Board shall render its decision within three days after the end of the hearing and shall provide written reasons to the parties as soon as possible after rendering the decision.  1994, c. 26, s. 48 (3). Decision to Minister (4) The Appeal Board shall give the Minister a copy of its decision and reasons.  1994, c. 26, s. 48 (4). Decision final (5) A decision of the Appeal Board under this Act is final and binding and is not subject to appeal.  1994, c. 26, s. 48 (5). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 65 (4) - 01/02/1999 49 Repealed:  1998, c. 18, Sched. G, s. 65 (5). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 65 (5) - 01/02/1999 PART X   REVOCATION AND TAKEOVER POWERS
50 The Minister may revoke or suspend an approval of an agency given under subsection 5 (1) if, (a)  Repealed:  2011, c. 1, Sched. 6, s. 4 (12). (b)  the agency requests the Minister to revoke or suspend its approval or consents to the revocation or suspension of its approval; or (c)  the Minister believes on reasonable grounds that, (i)  the agency has contravened a term or condition imposed on the approval under section 7, (ii)  the agency has contravened a provision of this Act or the regulations, (iii)  the agency has breached a provision of the agreement, if any, entered into with the Minister under clause 4 (c), (iii.1)  the agency has breached a provision of the service accountability agreement, if any, (iv)  the agency is not, with financial assistance under this Act or the Connecting Care Act, 2019, financially capable of providing the services that it has been approved to provide, or (v)  the agency is not being operated with competence, honesty, integrity and concern for the health, safety and well-being of the persons receiving its services. (d)  Repealed: 2019, c. 5, Sched. 3, s. 10 (28). 1994, c. 26, s. 50; 2006, c. 4, s. 47 (5, 6); 2011, c. 1, Sched. 6, s. 4 (12); 2019, c. 5, Sched. 3, s. 10 (25-28). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 47 (5, 6)
- 01/05/2010 2011, c. 1, Sched. 6, s. 4 (12) - 30/03/2011 2019, c. 5, Sched. 3, s. 10 (25, 26) - 06/06/2019; 2019, c. 5, Sched. 3, s. 10 (27, 28) - 01/04/2021
51 The Minister may revoke or suspend an approval of premises given to an agency under subsection 6 (1) if, (a)  the agency requests the Minister to revoke or suspend the approval or consents to the revocation or suspension of the approval; (b)  the approval of the agency given under subsection 5 (1) is revoked or suspended; or (c)  the Minister believes on reasonable grounds that, (i)  the agency has contravened a term or condition imposed on the approval of the premises under section 7, (ii)  the agency has contravened a provision of this Act or the regulations, or (iii)  the premises are not suitable for providing the service for which they were approved. (d)  Repealed: 2019, c. 5, Sched. 3, s. 10 (29). 1994, c. 26, s. 51; 2006, c. 4, s. 47 (7); 2019, c. 5, Sched. 3, s. 10 (29). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 47 (7)
- 01/05/2010 2019, c. 5, Sched. 3, s. 10 (29) - 01/04/2021 52 Repealed:  2011, c. 1, Sched. 6, s. 4 (12). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 47 (8, 9) - 01/05/2010 2011, c. 1, Sched. 6, s. 4 (12) - 30/03/2011 Takeovers by Minister
53 (1) The Minister may exercise a power set out in subsection (2) with respect to an approved agency if, (a)  the agency requests the Minister to exercise the power or consents to the exercise of the power; (b)  the approval of the agency given under subsection 5 (1) is revoked or suspended; or (c)  the Minister believes on reasonable grounds that, (i)  the agency has contravened a term or condition imposed under section 7 on an approval given to the agency under subsection 5 (1) or 6 (1), (ii)  Repealed:  2011, c. 1, Sched. 6, s. 4 (12). (iii)  the agency has contravened a provision of this Act or the regulations, (iv)  the agency has breached a provision of the agreement, if any, entered into with the Minister under clause 4 (c), (iv.1)  the agency has breached a provision of the service accountability agreement, if any, (v)  the agency is not, with financial assistance under this Act or the Connecting Care Act, 2019, financially capable of providing the services it has been approved to provide, or (vi)  Repealed:  2011, c. 1, Sched. 6, s. 4 (13). (vii)  the agency is not being operated with competence, honesty, integrity and concern for the health, safety and well-being of the persons receiving its services.  1994, c. 26, s. 53 (1); 2006, c. 4, s. 47 (10); 2011, c. 1, Sched. 6, s. 4 (12, 13); 2019, c. 5, Sched. 3, s. 10 (30-32). Takeover (2) For the purpose of subsection (1), the Minister may exercise the following powers: 1.  With respect to an approved agency that is a corporation described in clause (a) or (b) of the definition of “agency” in subsection 2 (1), i.  the power to remove some or all of the directors of the agency and appoint others in their place, ii.  the power to take control of, operate and manage the agency or a part of the agency in the place of its board of directors. 2.  With respect to an approved agency that is a municipality, the power to take control of, operate and manage that part of the agency that provides the community services that the agency was approved to provide.  1994, c. 26, s. 53 (2); 2011, c. 1, Sched. 6, s. 4 (14). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 47 (10)
- 01/05/2010 2011, c. 1, Sched. 6, s. 4 (12-14) - 30/03/2011 2019, c. 5, Sched. 3, s. 10 (30, 31) - 06/06/2019; 2019, c. 5, Sched. 3, s. 10 (32) - 01/04/2021 Takeovers: notice and hearing