jswizzle3737/ontario_laws_and_regs huggingface dataset:
31 (1) It is the function of an assessor to carry out assessments of the quality and the standards of services provided in independent health facilities.  R.S.O. 1990, c. I.3, s. 31 (1). Co-operation by licensees (2) It is a condition of every licence that the licensee and the staff and employees of the licensee shall co-operate fully with an assessor carrying out an assessment of an independent health facility operated by a licensee.  R.S.O. 1990, c. I.3, s. 31 (2). Idem (3) The co-operation required of a licensee includes, (a)  permitting the assessor to enter and inspect the premises of the independent health facility; (b)  permitting the assessor to inspect records, including patient records; (c)  providing to the assessor information requested by the assessor in respect of records, including patient records, or the care of patients in the independent health facility; (d)  providing the information mentioned in clause (c) in the form requested by the assessor; (e)  permitting the assessor to make or take and remove samples of any substance on the premises of the independent health facility; (f)  providing samples mentioned in clause (e) as requested by the assessor; and (g)  conferring with the assessor when requested to do so by the assessor.  R.S.O. 1990, c. I.3, s. 31 (3). 32 Repealed: 2019, c. 15, Sched. 19, s. 19. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 33 (1-3) - 1/04/1996 2019, c. 15, Sched. 19, s. 19 - 10/12/2019
33 (1) In any proceeding, other than a prosecution, a copy of an inspection report that appears to be signed by an inspector or the Director, or a copy of a decision of the Director made under this Act or the regulations, is admissible as evidence of the inspection report or decision and of the facts appearing in the document without further proof. 2019, c. 15, Sched. 19, s. 20. Same (2) In any proceeding, other than a prosecution, a copy of a record or thing made under clause 26.1 (4) (c) that appears to be certified as a true copy of the original by an inspector is admissible as evidence of the record or thing and of the facts appearing in it without further proof. 2019, c. 15, Sched. 19, s. 20. Same, prosecution (3) In any prosecution, a copy of a decision, direction or inspection report made under this Act or the regulations that appears to be signed by an inspector or the Director is admissible as evidence, in the absence of evidence to the contrary, of the decision, direction or inspection report and of the facts appearing in the document without further proof. 2019, c. 15, Sched. 19, s. 20. Same (4) In any prosecution, a copy of a record or thing made under clause 26.1 (4) (c) that appears to be certified as a true copy of the original by an inspector is admissible as evidence, in the absence of evidence to the contrary, of the record or thing and of the facts appearing in it without further proof. 2019, c. 15, Sched. 19, s. 20. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 20 - 10/12/2019
34 (1) On application without notice, a justice may issue an order authorizing an inspector named in the order to enter a place specified in the order and to exercise any of the powers mentioned in subsection 26.1 (4), if the justice is satisfied on information under oath that the inspector has been prevented from entering a place that may be entered under section 26.1, or has been prevented from exercising a power mentioned in subsection 26.1 (4), or that there are reasonable grounds to believe that the inspector will be prevented from entering the place or exercising the power. 2019, c. 15, Sched. 19, s. 20. Expiry (2) An order shall name a date on which it expires, which shall not be later than 30 days after the order is issued. 2019, c. 15, Sched. 19, s. 20. Extension of time (3) A justice may extend the date on which an order expires for an additional period of no more than 30 days, upon application without notice by the inspector named in the order. 2019, c. 15, Sched. 19, s. 20. Police assistance (4) An inspector named in an order may call upon a police officer for assistance in executing the order and the police officer may use whatever force the police officer considers necessary to execute the order. 2019, c. 15, Sched. 19, s. 20. Time of execution (5) An order may be executed only between 6 a.m. and 9 p.m. unless the order specifies otherwise. 2019, c. 15, Sched. 19, s. 20. Other matters (6) Subsections 26.1 (2) and (4) to (9) apply, with necessary modifications, to the execution of an order. 2019, c. 15, Sched. 19, s. 20. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 20 - 10/12/2019
35 Where an inspector is conducting an inspection under section 26.1 or executing an order under section 34 or where a provincial offences officer is executing a warrant under section 158 or 158.1 of the Provincial Offences Act with respect to a matter relevant to this Act, no person shall, (a)  hinder, obstruct or interfere with the inspector or officer, or otherwise impede the inspector or officer; (b)  destroy or alter a record or other thing that has been demanded under clause 26.1 (4) (b) or that is subject of a warrant under section 158 or 158.1 of the Provincial Offences Act; or (c)  fail to do anything required under subsections 26.1 (6) or (8) or subsection 35.1 (7). 2019, c. 15, Sched. 19, s. 20. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 20 - 10/12/2019
35.1 (1) On application without notice by a provincial offences officer, a justice may issue a production order to a person, other than a person under investigation for an offence, requiring the person to, (a)  produce documents or copies of documents, certified by affidavit to be true copies, or produce data; or (b)  prepare a document based on documents or data already in existence and produce it. 2019, c. 15, Sched. 19, s. 20. Contents of order (2) A production order must stipulate when, where and how the documents or data are to be produced, and to whom they are to be produced. 2019, c. 15, Sched. 19, s. 20. Grounds (3) A justice may make a production order if satisfied by information given under oath or affirmation that there are reasonable grounds to believe that, (a)  an offence under this Act has been or is being committed; (b)  the document or data will provide evidence respecting the offence or suspected offence; and (c)  the person who is subject to the order has possession or control of the document or data. 2019, c. 15, Sched. 19, s. 20. Conditions (4) A production order may contain any conditions the justice considers advisable. 2019, c. 15, Sched. 19, s. 20. Evidence (5) A copy of a document or data produced under this section, on proof by affidavit that it is a true copy, is admissible in evidence in proceedings under this Act and has the same probative force as the original document or data would have if it had been proved in the ordinary way. 2019, c. 15, Sched. 19, s. 20. No return of copies (6) Copies of documents or data produced under this section are not required to be returned to the person who provided them. 2019, c. 15, Sched. 19, s. 20. Compliance required (7) A person to whom a production order is directed shall comply with the order according to its terms. 2019, c. 15, Sched. 19, s. 20. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 20 - 10/12/2019
35.2 An inspector or person who, at the request of an inspector, accompanies an inspector in doing anything authorized under this Act is not a compellable witness in a civil suit or any proceeding respecting any information or material furnished, obtained, made or received by them under this Act while acting within the scope of their employment. 2019, c. 15, Sched. 19, s. 20. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 20 - 10/12/2019
35.3 In a prosecution for an offence under this Act or where documents or materials provided for under section 35.1 of this Act or sections 158 to 160 of the Provincial Offences Act are filed with a court in relation to an inspection or an investigation into an offence under this Act, the court may, at any time, take precautions to avoid the disclosure by the court or any person of any personal information about an individual, including, where appropriate, (a)  removing the identifying information of any person whose personal 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. 2019, c. 15, Sched. 19, s. 20. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 20 - 10/12/2019
35.4 (1) In any proceeding under this Act, the Health Insurance Act
or the Commitment to the Future of Medicare Act, 2004, a document purporting to be an extract of data or information from any database maintained and used by the Ministry in the ordinary course of business to record and track information about claims made under this Act or the Health Insurance Act and payments made under this Act or that Act that appears to be certified as a true extract by the Director or by the General Manager under the Health Insurance Act
is admissible as evidence of the information contained in the extract and of the facts appearing in it without further proof. 2019, c. 15, Sched. 19, s. 20. Prosecutions (2) Subsection (1) does not apply in respect of a prosecution. 2019, c. 15, Sched. 19, s. 20. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 20 - 10/12/2019
35.5 (1) A copy of any of the following may be filed with the Superior Court of Justice after the time in which an appeal may be made has passed, and once filed shall be entered in the same way as a judgment or order of the Superior Court of Justice and is enforceable as an order of that court: 1.  A decision of the Board made under this Act. 2.  An agreement to reimburse the Minister or the Plan signed by a licensee or potential licensee. 3.  A decision of the Minister under section 24.3 or 24.4. 2019, c. 15, Sched. 19, s. 20. Personal property charge (2) Anything that may be filed under subsection (1) may also be entered as a lien and charge with the registrar under the Personal Property Security Act. 2019, c. 15, Sched. 19, s. 20. Set-off (3) For greater certainty, nothing under this section affects any right of set-off that the Minister possesses under this Act. 2019, c. 15, Sched. 19, s. 20. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 20 - 10/12/2019
35.6 (1) Subject to the regulations, if any, the Minister is authorized to publish information, including personal information other than personal health information, that relates to any payments under this Act to a licensee or potential licensee. 2019, c. 15, Sched. 19, s. 20. Same, Director (2) The Director is authorized to publish any information that relates to compliance with licensing and generally accepted quality and standards under this Act and regulations, including personal information other than personal health information, that may be provided for in the regulations. 2019, c. 15, Sched. 19, s. 20. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 20 - 10/12/2019
37 (1) In this section, “confidential information” means information obtained by a person employed in the administration of this Act or making an assessment or inspection under this Act in the course of the person’s employment, assessment or inspection and that relates to a patient or former patient of a health facility.  R.S.O. 1990, c. I.3, s. 37 (1). Confidentiality of information (2) No person shall communicate confidential information to any person except in accordance with subsection (4).  R.S.O. 1990, c. I.3, s. 37 (2). Application (3) Subsection (2) applies to any person whether or not the person is or was employed in the administration of this Act or is or was an inspector or assessor under this Act.  R.S.O. 1990, c. I.3, s. 37 (3). Communication of confidential information (4) A person employed in the administration of this Act, an assessor or inspector under this Act or any person who obtains confidential information pursuant to this subsection may communicate confidential information, (a)  in connection with the administration or enforcement of any Act or any proceedings under any Act; (b)  in connection with matters relating to professional disciplinary proceedings, to a statutory body governing a health profession; (c)  to the person’s counsel; or (d)  with the consent of the patient or former patient to whom the information relates.  R.S.O. 1990, c. I.3, s. 37 (4). Testimony by officials in civil suits (5) No person employed in the administration of this Act or who made an inspection or assessment under this Act shall be required to give testimony in a civil action or proceeding with respect to any information obtained in the course of the person’s employment, assessment or inspection except in a proceeding under an Act or a regulation under an Act.  R.S.O. 1990, c. I.3, s. 37 (5). Closed proceedings (6) An Ontario Court of Justice may exclude the public from proceedings to enforce any Act if the court is of the opinion that confidential information may be disclosed of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure of that information in the interests of any patient or former patient to whom it relates outweighs the desirability of adhering to the principle that hearings be open to the public.  R.S.O. 1990, c. I.3, s. 37 (6); 2006, c. 19, Sched. C, s. 1 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (2) - 22/06/2006
37.2 (1) At the request of the Director, a licensee or other person shall submit information to the Director and disclose information to persons specified by the Director for purposes related to the administration of the Independent Health Facilities Act or the Health Insurance Act
or for other prescribed purposes.  1996, c. 1, Sched. F, s. 34. Same (2) The information referred to under subsection (1) may include personal information.  1996, c. 1, Sched. F, s. 34. Application (3) This section applies despite anything in the
Regulated Health Professions Act, 1991, an Act listed in Schedule 1 to the Regulated Health Professions Act, 1991, the Drugless Practitioners Act or any regulations made under those Acts.  1996, c. 1, Sched. F, s. 34. Form and time (4) The information referred to in subsection (1) shall be provided in the form, and within the time, specified by the Director. 2019, c. 15, Sched. 19, s. 22. Rules re providing records and information (5) Where the Director requires a licensee or other person to provide information under subsection (1), the following rules apply: 1.  The licensee or other person shall submit copies of the requested information and, where required by the Director, shall include a signed certificate of authenticity and a signed copy of an audit trail for electronic records. 2.  If the Director is not satisfied with the copies of the requested information, the Director may require the licensee or other person to produce the original documents to the Director, and the documents shall be returned to the licensee or other person in a timely manner after copies have been made. 3.  Where a licensee or other person fails to produce the copies or originals of information required under this section, the Director may, on notice to the licensee or other person, apply to a justice or a provincial judge for an order compelling production of the required information and the justice or provincial judge may issue the order if they are satisfied that there are reasonable grounds for believing that the licensee or other person failed to produce the information. 2019, c. 15, Sched. 19, s. 22. Certificate of authenticity (6) A certificate of authenticity required under this section shall be in a form acceptable to the Director unless otherwise prescribed. 2019, c. 15, Sched. 19, s. 22. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 34 - 1/04/1996 2019, c. 15, Sched. 19, s. 22 - 10/12/2019
38 (1) Despite section 8 of the Crown Liability and Proceedings Act, 2019, no action or other proceeding for damages or otherwise shall be commenced against the Crown, the Minister, the Director, an inspector or assessor appointed under this Act or an officer, employee or agent of the Crown or of the College, the Registrar, the College, the Council of the College or a committee established by the Council or a member of the Council or the committee for any act done or performed in good faith in the performance or intended performance of any duty or function or in the exercise or intended exercise of any power or authority under this Act or the regulations, or for any neglect, default or omission in the performance or exercise in good faith of any duty, function, power or authority under this Act or the regulations.  1998, c. 18, Sched. G, s. 60 (4); 2019, c. 7, Sched. 17, s. 93. Application (2) Subsection (1) does not apply so as to prohibit an action or proceeding commenced against a person or entity referred to in that subsection for damages or losses resulting from the disclosure of personal information under section 37, 37.1 or 37.2.  1996, c. 1, Sched. F, s. 35. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 35 - 1/04/1996 1998, c. 18, Sched. G, s. 60 (4) - 1/02/1999 2019, c. 7, Sched. 17, s. 93 - 01/07/2019
38.1 No compensation shall be payable by the Crown, the Minister, the Director or any other person engaged in the administration of this Act in respect of any loss suffered as a result of, (a)  the Director refusing to issue or renew a licence, revoking or suspending a licence, imposing conditions or limitations on a licence, amending conditions or limitations on a licence, or refusing to consent to the transfer of a licence; (b)  the Director approving or refusing to approve the relocation of an independent health facility; (c)  a compliance order issued under section 40.1; or (d)  enforcement of the prohibitions under section 3. 2019, c. 15, Sched. 19, s. 23. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 36 - 1/04/1996 2019, c. 15, Sched. 19, s. 23 - 10/12/2019 38.2 Repealed:  2011, c. 1, Sched. 6, s. 5. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 37 - 1/04/1996 2011, c. 1, Sched. 6, s. 5 - 30/03/2011
39 (1) Every person who contravenes section 3, 11, 35 or 37 is guilty of an offence.  R.S.O. 1990, c. I.3, s. 39 (1). Same (1.1) Every individual is guilty of an offence who fails to comply with, (a)  a request for information under section 37.2; or (b)  a compliance order. 2019, c. 15, Sched. 19, s. 24 (1). Corporate offences (2) Every person who contravenes section 13, 14, 15 or 16 is guilty of an offence.  R.S.O. 1990, c. I.3, s. 39 (2). Breach of regulations (3) Every person who contravenes the regulations is guilty of an offence.  R.S.O. 1990, c. I.3, s. 39 (3). Penalty, individual (4) Every individual who is convicted of an offence under this section is liable, for each day or part of a day on which the offence occurs or continues, (a)  for a first offence, to a fine of not more than $50,000 or, subject to subsection (5.1), to imprisonment for a term of not more than 12 months, or to both; (b)  for a subsequent offence, to a fine of not more than $100,000 or, subject to subsection (5.1), to imprisonment for a term of not more than 12 months, or to both. 2019, c. 15, Sched. 19, s. 24 (2). Same, corporation (5) Every corporation that is convicted of an offence under this section is liable, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $100,000 for a first offence and to a fine of not more than $500,000 for a subsequent offence. 2019, c. 15, Sched. 19, s. 24 (2). No imprisonment (5.1) Despite anything else in this Act, an individual convicted of an offence under clause (1.1) (b) is not liable to imprisonment, or to a warrant of committal under subsection 69 (14) of the Provincial Offences Act, as a result of the conviction or as a result of default in payment of the fine resulting from the conviction. 2019, c. 15, Sched. 19, s. 24 (2). Due diligence, mistake not a defence (5.2) It is not a defence to a charge under clause (1.1) (b) that the person took all reasonable steps to prevent any failure to comply with this Act or, at the time of the failure, the person had an honest and reasonable belief in a set of facts that, if true, would have resulted in there not being any non-compliance. 2019, c. 15, Sched. 19, s. 24 (2). Presiding judge (5.3) The Crown may, by notice to the clerk of the Ontario Court of Justice, require that a provincial judge preside over a proceeding in respect of an offence under this section. 2019, c. 15, Sched. 19, s. 24 (2). Compensation or restitution (6) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.  2002, c. 18, Sched. I, s. 12 (6). No limitation (7) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.  2002, c. 18, Sched. I, s. 12 (6). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. I, s. 12 (5, 6) - 26/11/2002 2019, c. 15, Sched. 19, s. 24 (1, 2) - 10/12/2019
40 (1) In addition to any other remedy and to any penalty imposed by law, a contravention of section 3 may be restrained by action at the instance of the Attorney General.  R.S.O. 1990, c. I.3, s. 40 (1). Restraining order upon conviction (2) Upon its own initiative or upon application by counsel for the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other remedy and to any penalty imposed by law, may make an order prohibiting the continuation or repetition by the person of the action that constitutes the offence.  R.S.O. 1990, c. I.3, s. 40 (2).
40.1 (1) The Director or a prescribed person may order a licensee or a potential licensee to, (a)  do anything, or refrain from doing anything, to achieve compliance with a requirement under this Act; or (b)  prepare, submit and implement a plan for achieving compliance with a requirement under this Act. 2019, c. 15, Sched. 19, s. 25. Grounds (2) A compliance order under subsection (1) may be made if, in the opinion of the Director or prescribed person, after considering any factors provided for in this Act or the regulations, the licensee or potential licensee has not complied with a requirement under this Act or, if in the opinion of the Director or prescribed person, it is necessary or advisable to protect the health or safety of any person. 2019, c. 15, Sched. 19, s. 25. Time of validity (3) A compliance order issued under this section is valid until the date set out in the order or until the conditions specified in the order have been met, whichever is earlier. 2019, c. 15, Sched. 19, s. 25. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 25 - 10/12/2019
40.2 The authority to take an action under subsection 18 (1), or to issue an order under section 40.1, may be exercised with respect to a licensee or potential licensee who has not complied with a requirement under this Act whether or not, (a)  the licensee or potential licensee took all reasonable steps to prevent the non-compliance; or (b)  at the time of the non-compliance, the licensee or potential licensee had an honest and reasonable belief in a set of facts that, if true, would have resulted in there not being any non-compliance. 2019, c. 15, Sched. 19, s. 25. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 25 - 10/12/2019
40.3 Where the Minister or Director makes a decision under this Act, they may consider any person’s current or past failures to comply with a requirement under this Act or under any other Act that they may consider relevant. 2019, c. 15, Sched. 19, s. 25. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 25 - 10/12/2019
41 The Minister shall annually prepare a report on the implementation of this Act and submit it to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session.  R.S.O. 1990, c. I.3, s. 41.