jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 This Act does not apply to the following health facilities, persons, places or services: 1.  An office or place in which one or more persons provide services in the course of the practice of a health profession, i.  for or in respect of which the only charges made for insured services are for amounts paid or payable by the Plan as defined in the Health Insurance Act, and ii.  for or in respect of which no facility fee is requested from or paid by the Province or any person. 2.  A service or class of services that is exempt by the regulations. 3.  A health facility or class of health facilities that is exempt by the regulations. 4.  A person who is or a class of persons that is exempt by the regulations.  R.S.O. 1990, c. I.3, s. 2. Licences and facility fees
3 (1) No person shall establish or operate an independent health facility except under the authority of a licence issued by the Director.  R.S.O. 1990, c. I.3, s. 3 (1). Billing facility fees (2) No person shall charge a facility fee, or accept payment of a facility fee, for or in respect of a service provided in an independent health facility unless the facility is operated by a person licensed under this Act.  1996, c. 1, Sched. F, s. 20 (1). Same (3) No person shall charge a facility fee, or accept payment of a facility fee, for or in respect of a service provided to an insured person in an independent health facility operated by a person licensed under this Act, unless the fee is charged to, or the payment is received from, the Minister or a prescribed person.  1996, c. 1, Sched. F, s. 20 (2). Regulation (3.1) A regulation under subsection (3) shall not prescribe an insured person who receives an insured service as a person to whom a facility fee may be charged, or from whom payment of a facility fee may be received, in respect of the service.  1996, c. 1, Sched. F, s. 20 (2). Obtaining funding to which not entitled (4) No person shall obtain, receive or attempt to obtain or receive any of the following that the person is not entitled to obtain or receive under this Act or the regulations: 1.  Payment for or in respect of an independent health facility. 2.  Payment for or in respect of a service provided in an independent health facility. 2019, c. 15, Sched. 19, s. 2. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 20 (1-3) - 1/04/1996 2019, c. 15, Sched. 19, s. 2 - 10/12/2019 Powers of Minister
4 (1) The Minister shall appoint an employee of the Ministry to be the Director of Independent Health Facilities.  R.S.O. 1990, c. I.3, s. 4. Designated services and facilities (2) The Minister may designate, (a)  services or classes of services as services for or in respect of which a charge or payment is a facility fee for the purposes of this Act; and (b)  health facilities or classes of health facilities as independent health facilities for the purposes of this Act.  1996, c. 1, Sched. F, s. 21. Approval of designation (3) A designation under subsection (2) is subject to the approval of the Lieutenant Governor in Council.  1996, c. 1, Sched. F, s. 21. Not a regulation (4) A designation under subsection (2) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1996, c. 1, Sched. F, s. 21; 2006, c. 21, Sched. F, s. 136 (1). Notice of intention to designate (5) Subject to subsection (6), the Minister shall publish a notice of intention to make the designation in The Ontario Gazette at least 30 days before a designation is made under subsection (2).  1996, c. 1, Sched. F, s. 21. Non-application (6) Subsection (5) does not apply if the Minister believes that to publish a notice of intention to make a designation would be prejudicial to the health and safety of any person.  1996, c. 1, Sched. F, s. 21. Content of notice (7) A notice of intention to make a designation shall set out the list of services or classes of services to be designated or the list of health facilities or classes of health facilities to be designated.  1996, c. 1, Sched. F, s. 21. Notice of designation (8) The Minister shall publish notice of a designation made under subsection (2) in The Ontario Gazette
which shall set out the list of services or classes of services designated or the list of health facilities or classes of health facilities designated.  1996, c. 1, Sched. F, s. 21. Designation in effect (9) A designation made under subsection (2) is not effective until it is published in accordance with subsection (8).  1996, c. 1, Sched. F, s. 21. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 21 - 1/04/1996 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
5 (1) The Minister may at any time authorize the Director to call for one or more applications for the establishment and operation of one or more independent health facilities by, (a)  sending a call for applications to one or more specified persons; or (b)  publishing a call for applications in any manner the Director considers appropriate. 2019, c. 15, Sched. 19, s. 3. Same (2) In deciding whether or not to authorize the Director to call for applications, the Minister shall consider, (a)  the nature of the services to be provided in the independent health facility; (b)  the extent to which the services are already available in Ontario or in any part of Ontario; (c)  the need for the services in Ontario or any part of Ontario; (d)  the future need for the services in Ontario or any part of Ontario; (e)  the projected cost in public money for the establishment and operation of the independent health facility; (f)  the availability of public money to pay for the establishment and operation of the independent health facility; and (g)  any other matter that the Minister considers relevant to the management of the health care system. 2019, c. 15, Sched. 19, s. 3. Contents of call for applications (3) A call for applications shall specify, (a)  the service or services to be provided in the independent health facility; (b)  the locality in which the independent health facility is to be located; (c)  such other requirements and limitations as the Minister considers relevant; and (d)  the final date for submission of applications. 2019, c. 15, Sched. 19, s. 3. Submission of applications (4) Persons interested in establishing and operating an independent health facility in response to a call for applications may submit applications to the Director. 2019, c. 15, Sched. 19, s. 3. Contents of application (5) An application shall set out, (a)  the business and professional experience of the person submitting the application; (b)  details of the physical nature of the proposed facility; (c)  the nature of the service or services to be provided in the facility; (d)  the projected cost for the establishment and operation of the facility; (e)  details of the system that will be established to ensure the monitoring of the results of the service or services to be provided in the facility; (f)  details of the professional and other staff proposed for the facility; and (g)  such other information as is relevant to the requirements and limitations specified in the call for application. 2019, c. 15, Sched. 19, s. 3. Consideration of applications (6) The Director shall consider the applications and may request additional information in respect of any application. 2019, c. 15, Sched. 19, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 22 - 1/04/1996 2019, c. 15, Sched. 19, s. 3 - 10/12/2019
8.1 (1) If a person applies for a licence under section 7 or applies to amend the limitations of a licence under section 8 and the Director refuses to issue the licence or to amend the limitations of the licence, the Director shall give the person notice of the refusal.  1996, c. 1, Sched. F, s. 24. Contents of notice (2) A notice under subsection (1) shall inform the person to whom it is given that the person is entitled to, (a)  written reasons for the refusal if the Director receives a request for reasons within seven days of receipt of the notice of the refusal by the person; and (b)  a hearing by the Board if the person mails or delivers, within 15 days after receipt by the person of the written reasons, a written request for a hearing.  1996, c. 1, Sched. F, s. 24. Right to reasons and hearing (3) A person who receives notice under subsection (1) is entitled to, (a)  written reasons for the refusal if the Director receives a request for reasons within seven days of receipt of the notice of the refusal by the person; and (b)  a hearing by the Board if the person mails or delivers, within 15 days after receipt by the person of the written reasons, a written request for a hearing.  1996, c. 1, Sched. F, s. 24. Hearing (4) Where a person requests a hearing under clause (3) (b), the Board shall appoint a time for the hearing and hold a hearing.  1996, c. 1, Sched. F, s. 24. Powers of Board (5) The Board may, by order, (a)  at a hearing regarding the Director’s refusal to issue a licence under section 7, confirm the Director’s refusal to issue a licence or direct the Director to issue the licence; and (b)  at a hearing regarding the Director’s refusal to amend the limitations of a licence under section 8, (i)  confirm the Director’s refusal to amend the limitations of the licence, (ii)  direct the Director to make all or part of the amendments that the person applied for; or (iii)  direct the Director to make all or part of the amendments for which the person applied if the person satisfies conditions specified by the Board.  1996, c. 1, Sched. F, s. 24. Extension of time (6) The Board may extend the time within which a person must give notice requesting a hearing under this section, either before or after expiration of such time, if it is satisfied that there are grounds for granting relief to the person at a hearing and that there are reasonable grounds for applying for the extension, and the Board may give such directions related to the extension as it considers proper.  1996, c. 1, Sched. F, s. 24. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 24 - 1/04/1996
9 (1) At any time after the Minister authorizes the Director to request one or more calls for applications for the establishment and operation of an independent health facility and before all of the licences are issued, the Minister may direct the Director in writing not to issue a licence in respect of the call for applications. 2019, c. 15, Sched. 19, s. 5. Matters to be considered (2) In deciding whether or not to issue a direction under subsection (1), the Minister shall consider, (a)  the nature of the service or services provided or to be provided in the independent health facility; (b)  the extent to which the service or services is already available in Ontario or any part of Ontario; (c)  the need for the service or services in Ontario or any part of Ontario; (d)  the future need for the service or services in Ontario or any part of Ontario; (e)  the projected cost in public money for the establishment and operation of the independent health facility; (f)  the availability of public money to pay for the establishment and operation of the independent health facility; and (g)  any other matter that the Minister considers relevant to the management of the health care system. 2019, c. 15, Sched. 19, s. 5. Notice of direction not to license (3) Upon receipt of a direction under subsection (1), the Director shall give written notice of the Minister’s direction to each person who submitted an application in response to the call for applications. 2019, c. 15, Sched. 19, s. 5. Public notice (4) If the Minister issues a direction under this section before the final day for the submission of applications, the Director shall, in addition to giving notice under subsection (3), publish notice of the direction in the same manner in which the call for applications was published. 2019, c. 15, Sched. 19, s. 5. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 25 (1-3) - 1/04/1996 2019, c. 15, Sched. 19, s. 5 - 10/12/2019
10 (1) An operator of an independent health facility who wishes to relocate the facility shall apply to the Director for approval of the relocation in advance of the relocation.  1996, c. 1, Sched. F, s. 26. Approval (2) The Director may approve the relocation subject to such conditions as he or she sees fit to impose.  1996, c. 1, Sched. F, s. 26. Request for information (3) The Director may require such information of the licensee or of any other person as is necessary to decide whether or not to grant an approval.  1996, c. 1, Sched. F, s. 26. Deemed approval (4) Any relocation approved by the Director before the day section 25 of Schedule F to the Savings and Restructuring Act, 1996 comes into force shall be deemed to have been approved in accordance with this section.  1996, c. 1, Sched. F, s. 26. Note: Sections 5, 6, 8, 9 and 10, as those provisions read on March 31, 1996, shall continue to apply with respect to a request for proposals made before April 1, 1996.  See: 1996, c. 1, Sched. F, s. 39. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 26 - 1/04/1996
11 (1) A licence is not transferable without the consent of the Director.  R.S.O. 1990, c. I.3, s. 11 (1). Criteria (2) In deciding whether to consent to the transfer of a licence, the Director shall treat the proposed transferee of the licence as if the proposed transferee were an applicant for a licence and, for the purpose, subsection 6 (1) other than clause 6 (1) (a) applies with necessary modifications.  2002, c. 18, Sched. I, s. 12 (2). Fees must be paid (3) The Director shall not consent to transfer a licence unless the current holder of the licence has paid the prescribed fee, if any. 2019, c. 15, Sched. 19, s. 6. Requiring information (4) The Director may require the licensee, proposed transferee or any other person to provide whatever information the Director considers necessary to decide whether or not to provide consent. 2019, c. 15, Sched. 19, s. 6. Compliance with requirements (4.1) The Director may consent to a transfer subject to compliance with any requirements the Director considers necessary. 2019, c. 15, Sched. 19, s. 6. Limitations and conditions (5) In consenting to the transfer of a licence, the Director may attach to the licence such limitations and conditions as the Director considers necessary in the circumstances.  R.S.O. 1990, c. I.3, s. 11 (5). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. I, s. 12 (2) - 26/11/2002 2019, c. 15, Sched. 19, s. 6 - 10/12/2019
12 Every licence expires on the date specified on the licence, which shall not be later than the fifth anniversary of its issuance or renewal, unless it is revoked or is surrendered to the Director before that date.  R.S.O. 1990, c. I.3, s. 12.
13 (1) A licensee that is a private company as defined in the Securities Act
shall not permit an issue or transfer of its voting shares that may result in a person acquiring or increasing an interest affecting its control while it is a licensee unless its licence includes a condition as to the ownership or control of the licensee and such issue or transfer of voting shares would not result in a breach of that condition.  R.S.O. 1990, c. I.3, s. 13 (1). (2) Repealed:  2002, c. 18, Sched. I, s. 12 (3). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. I, s. 12 (3) - 26/11/2002
14 (1) A licensee that is a corporation shall notify the Director in writing within fifteen days of any change in the officers or directors of the corporation.  R.S.O. 1990, c. I.3, s. 14 (1). Idem (2) Where a corporation has an interest in a licence and there is reasonable ground for belief that an event will occur whereby a person would acquire an interest or increase an interest affecting the control of the corporation while the corporation has an interest in the licence, the corporation shall so notify the Director forthwith.  R.S.O. 1990, c. I.3, s. 14 (2). (3), (4) Repealed:  2009, c. 33, Sched. 18, s. 13 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 18, s. 13 (2) - 15/12/2009
15 A licence shall not be used as security for the payment or performance of an obligation, and any transaction purporting to use a licence as security for the payment or performance of an obligation is void.  R.S.O. 1990, c. I.3, s. 15.
16 (1) A licensee shall not enter into a contract that may result in, (a)  a change in the beneficial ownership of the licence without a corresponding transfer of the licence; or (b)  in the case of a licensee that is a corporation, a person acquiring or increasing an interest affecting the control of the corporation while it is a licensee.  R.S.O. 1990, c. I.3, s. 16 (1). Exception (2) Subsection (1) does not apply if the licence includes a condition as to the ownership or control of the licensee and the contract would not result in a breach of the condition.  R.S.O. 1990, c. I.3, s. 16 (2).
16.1 Every application under this Act must, (a)  be in a form acceptable to the Director; and (b)  contain any information, which may include personal information, that the Director considers necessary. 2019, c. 15, Sched. 19, s. 7. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 7 - 10/12/2019
16.2 (1) Every licensee and potential licensee shall comply with every applicable requirement under this Act. 2019, c. 15, Sched. 19, s. 7. Licensee responsible (2) If the Director, an inspector or an assessor is of the opinion that any person under the control of a licensee is failing to comply with a requirement under this Act, the licensee shall be deemed not to have complied with the relevant requirement, and the Director, inspector or assessor may take any action permitted under this Act or the regulations in consequence. 2019, c. 15, Sched. 19, s. 7. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 7 - 10/12/2019
16.3 Every licensee and potential licensee shall provide truthful, complete and accurate information in any application, report, document or any other information required or requested under this Act or the regulations or as a limitation and condition of a licence or of receiving funding. 2019, c. 15, Sched. 19, s. 7. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 7 - 10/12/2019
16.4 (1) Every licensee and potential licensee shall, in accordance with the requirements provided for in the regulations, if any, establish and maintain a process for the review of incidents. 2019, c. 15, Sched. 19, s. 7. Reporting of incidents (2) Every licensee and potential licensee shall, in accordance with the requirements provided for in the regulations, if any, report incidents to the Director, and the report may include any necessary personal information related to such incidents. 2019, c. 15, Sched. 19, s. 7. Definition (3) In this section, “incident” means any unintended event that occurs when a patient receives services in an independent health facility, (a)  that results in death, or serious disability, injury or harm to the patient, and (b)  that does not result primarily from the patient’s underlying medical condition or from a known risk inherent in providing the service. 2019, c. 15, Sched. 19, s. 7. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 7 - 10/12/2019
16.5 (1) Every licensee and potential licensee shall post the prescribed documents and information in a prominent place clearly visible to members of the public at or near the entrance of the independent health facility. 2019, c. 15, Sched. 19, s. 7. Compliance with regulations (2) The documents and information must be posted in compliance with the requirements provided for in the regulations, if any. 2019, c. 15, Sched. 19, s. 7. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 7 - 10/12/2019
17 (1) Where the Director is of the opinion that an independent health facility should continue to operate after the expiry, surrender, suspension or revocation of the licence, after the death of the licensee or after the licensee ceases to operate the facility, the Director by a written order may take control of and operate the facility for a period not exceeding one year.  R.S.O. 1990, c. I.3, s. 17 (1). Authority of Director (2) Where the Director takes control of and operates an independent health facility under subsection (1), the Director has all the powers of the licensee and the Director may appoint one or more persons to operate the facility and each person so appointed is a representative of the Director.  R.S.O. 1990, c. I.3, s. 17 (2). Payment for services and compensation for property (3) Where the Director takes control of an independent health facility, the licensee, former licensee or estate of the licensee, as the case may be, (a)  is not entitled to payment for any service that is provided by the facility while the facility is under the control of the Director; and (b)  is entitled to reasonable compensation from the Crown for the use of property of the licensee, former licensee or estate of the licensee while the facility is under the control of the Director.  R.S.O. 1990, c. I.3, s. 17 (3). Order effective immediately (4) An order under subsection (1) takes effect immediately and is final.  R.S.O. 1990, c. I.3, s. 17 (4).
17.1 (1) A licence is renewable, subject to the consent of the Director. 2019, c. 15, Sched. 19, s. 8 (1). Compliance with requirements (2) The Director has the authority to make the granting of consent to a renewal of a licence subject to compliance with any requirements the Director considers necessary. 2019, c. 15, Sched. 19, s. 8 (1). Director’s decision (3) In deciding whether to grant a renewal, the Director shall take into consideration the following matters, as well as any matters that the Director would be entitled to take into consideration if the Director were making a decision under subsection 18 (1): 1.  The licensee’s past conduct with respect to compliance with requirements under this Act. 2.  Any actions taken by the licensee in response to a compliance order. 2019, c. 15, Sched. 19, s. 8 (1). Fees must be paid (4) The Director shall not renew the licence of a licensee unless the licensee has paid the prescribed fee, if any. 2019, c. 15, Sched. 19, s. 8 (1). Requiring information (5) The Director may require the licensee or any other person to provide whatever information the Director considers necessary to decide whether or not to provide consent. 2019, c. 15, Sched. 19, s. 8 (1). Additional limitations and conditions (6) At the time of renewing a licence, the Director may impose any limitations and conditions on the licence as the Director considers necessary in the circumstances. 2019, c. 15, Sched. 19, s. 8 (1). Continuation of licence pending renewal (7) Where, before the expiry of the licence, a licensee has applied for renewal of the licence and paid the prescribed fee, the licence shall be deemed to continue, (a)  until the renewal is granted; or (b)  where the licensee is served with notice that the Director does not consent to the renewal of a licence under this section, until the date specified by the Director in the notice. 2019, c. 15, Sched. 19, s. 8 (1). Transition (8) Despite subsections (1) to (7), any application to renew a licence that was submitted to the Director before the day subsection 8 (1) of Schedule 19 to the Plan to Build Ontario Together Act, 2019 came into force shall be dealt with in accordance with the provisions of this Act as they read on the day the application was submitted. 2019, c. 15, Sched. 19, s. 8 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 17.1 (8) of the Act is repealed. (See: 2019, c. 15, Sched. 19, s. 8 (2)) Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 8, s. (1) - 10/12/2019; 2019, c. 15, Sched. 19, s. 8 (2) - not in force
19 (1) The Minister may direct the Director in writing to, (a)  revoke or refuse to renew a licence; or (b)  eliminate services from the list of services in respect of which an independent health facility is licensed. 1996, c. 1, Sched. F, s. 28 (1). Matters to be considered (2) In deciding whether or not to issue a direction under subsection (1), the Minister shall consider, (a)  the nature of the service or services provided or to be provided in the independent health facility; (b)  the extent to which the service or services is already available in Ontario or any part of Ontario; (c)  the need for the service or services in Ontario or any part of Ontario; (d)  the future need for the service or services in Ontario or any part of Ontario; (e)  the projected cost in public money for the establishment and operation of the independent health facility; (f)  the availability of public money to pay for the establishment and operation of the independent health facility; and (g)  any other matter that the Minister considers relevant to the management of the health care system.  R.S.O. 1990, c. I.3, s. 19 (2); 1996, c. 1, Sched. F, s. 28 (2); 2019, c. 15, Sched. 19, s. 10. Notice to licensee (3) Upon receipt of a direction under subsection (1), the Director must give the licensee at least six months written notice of the revocation, refusal to renew or elimination of services from the list of services in respect of which an independent health facility is licensed.  1996, c. 1, Sched. F, s. 28 (3). (4)-(6) Repealed:  2009, c. 33, Sched. 2, s. 36 (1). No appeal (7) Section 20 does not apply to a refusal to renew a licence, a revocation of a licence or an elimination of services under this section.  1996, c. 1, Sched. F, s. 28 (5). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 28 (1-5) - 1/04/1996 2009, c. 33, Sched. 2, s. 36 (1) - 15/12/2009 2019, c. 15, Sched. 19, s. 10 - 10/12/2019 No petition to Lieutenant Governor in Council
19.1 (1) In this section, “old subsection 19 (4)” means subsection 19 (4) as it read immediately before the day the Good Government Act, 2009
received Royal Assent.  2009, c. 33, Sched. 2, s. 36 (2). Not subject to petition (2) Every direction of the Minister that is the subject of a petition filed under the old subsection 19 (4) that is not disposed of or withdrawn before the day the Good Government Act, 2009
receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council.  2009, c. 33, Sched. 2, s. 36 (2). Same (3) Every direction of the Minister that may be the subject of a petition under the old subsection 19 (4) is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council.  2009, c. 33, Sched. 2, s. 36 (2). No effect on validity (4) Nothing in this section affects the validity of a direction of the Minister that, but for subsection 36 (1) of Schedule 2 to the Good Government Act, 2009 and this section, was or could have been the subject of a petition filed under the old subsection 19 (4).  2009, c. 33, Sched. 2, s. 36 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 36 (2) - 15/12/2009
20.1 (1) The Director may at any time amend the limitations and conditions of a licence.  1996, c. 1, Sched. F, s. 29. Same (2) Despite subsection (1), the Director shall not amend the limitations of a licence to eliminate services from the list of services and types of services in respect of which an independent health facility is licensed unless, (a)  the Director is of the opinion that there is reasonable ground for belief that the eliminated services are not being provided, or will not be provided, in a responsible manner in accordance with this Act or the regulations, or any other Act or regulation that applies to the facility; (b)  the Director is of the opinion that there is reasonable ground for belief that the eliminated services are being provided, or will be provided, in a manner that is prejudicial to the health, safety or welfare of any person; (c)  the licensee has not provided the services for a period of at least six months and is not taking reasonable steps to provide the services; or (d)  any other prescribed circumstances apply. 2019, c. 15, Sched. 19, s. 12 (1). Amendment takes effect immediately (3) An amendment under subsection (2) takes effect immediately upon notice being served under subsection (4).  1996, c. 1, Sched. F, s. 29. Notice of amendment (4) The Director shall serve notice of an amendment under subsection (2), together with reasons therefor, on the licensee.  1996, c. 1, Sched. F, s. 29. Service of notice (5) The Director may serve notice of an amendment under subsection (2) by sending the notice by facsimile or by any other means that produces a paper record or by any other prescribed method of delivery.  1996, c. 1, Sched. F, s. 29. Deemed receipt (6) If the Director serves notice in a manner described in subsection (5), the licensee shall be deemed to have received the notice on the day it is sent.  1996, c. 1, Sched. F, s. 29. (7)-(9) Repealed: 2019, c. 15, Sched. 19, s. 12 (2). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 29 - 1/04/1996 2019, c. 15, Sched. 19, s. 12 (1, 2) - 10/12/2019
21 (1) The Director, the person who has required the hearing and any other person the Board may specify are parties to proceedings before the Board under this Act.  R.S.O. 1990, c. I.3, s. 21 (1). Submissions (2) The Board may permit any person who is not a party before it to make written or oral submissions to the Board and, where it does so, those submissions may be made either personally or through a person authorized under the Law Society Act to represent the non-party.  R.S.O. 1990, c. I.3, s. 21 (2); 2006, c. 21, Sched. C, s. 113. Examination of documentary evidence (3) A party to proceedings shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.  R.S.O. 1990, c. I.3, s. 21 (3). Members holding hearing not to have taken part in investigation, etc. (4) Members of the Board holding a hearing shall not have taken part before the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or party’s representative except upon notice to and opportunity for all parties to participate, but the Board may seek legal advice from an adviser independent from the parties and, in such case, the nature of the advice shall be made known to the parties in order that they may make submissions as to the law.  R.S.O. 1990, c. I.3, s. 21 (4). Recording of evidence (5) The oral evidence taken before the Board at a hearing shall be recorded and, if so required, copies of a transcript thereof shall be furnished upon the same terms as in the Superior Court of Justice.  R.S.O. 1990, c. I.3, s. 21 (5); 2006, c. 19, Sched. C, s. 1 (1). Findings of fact (6) The findings of fact of the Board following upon a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.  R.S.O. 1990, c. I.3, s. 21 (6). (7) Repealed:  1998, c. 18, Sched. G, s. 60 (2). Release of documentary evidence (8) Documents and things put in evidence at the hearing shall, upon the request of the person who produced them, be released to that person by the Board within a reasonable time after the matter in issue has been finally determined.  R.S.O. 1990, c. I.3, s. 21 (8). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 60 (2) - 1/04/1996 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006; 2006, c. 21, Sched. C, s. 113 - 1/05/2007
22 (1) Any party to proceedings before the Board may appeal from its decision or order to the Divisional Court on a question of law alone.  R.S.O. 1990, c. I.3, s. 22 (1). Record to be filed in court (2) Where any party appeals under subsection (1), the Board shall forthwith file in the Divisional Court the record of the proceedings before it in which the decision was made, which, together with the transcript of evidence if it is not part of the Board’s record, shall constitute the record in the appeal.  R.S.O. 1990, c. I.3, s. 22 (2). Powers of court on appeal (3) On an appeal under subsection (1), the Divisional Court may affirm or may rescind the decision of the Board or the court may refer the matter back to the Board for rehearing, in whole or in part, in accordance with such directions as the court considers proper.  R.S.O. 1990, c. I.3, s. 22 (3). Final decision (4) The decision of the Divisional Court under this section is final.  R.S.O. 1990, c. I.3, s. 22 (4).
23 (1) Except where otherwise provided, any notice required by or provided for in this Act may be served by, (a)  personal service; (b)  courier; (c)  registered mail; or (d)  any other prescribed method. 2019, c. 15, Sched. 19, s. 13. When effective (2) Service of a notice is effective, (a)  in the case of a notice under clauses (1) (a) to (c), on the day of delivery; and (b)  in the case of a notice under clause (1) (d), as provided for in the regulations. 2019, c. 15, Sched. 19, s. 13. Service by lettermail (3) Where an attempt has been made to effect service by a method set out in subsection (1), and for any reason service could not be effected, service may be made by lettermail. 2019, c. 15, Sched. 19, s. 13. Same (4) Service by lettermail shall be deemed to be effective 14 business days after the day of mailing, unless the person or entity on whom service is to be made establishes that the notice was not received until a later date for reasons that they could not control, in which case service is effective on the day that the notice is actually received. 2019, c. 15, Sched. 19, s. 13. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 13 - 10/12/2019
24 (1) The Minister shall pay such amounts as may be prescribed for services rendered in an independent health facility.  1996, c. 1, Sched. F, s. 30. Minister may pay costs (2) Subject to the regulations, the Minister may pay all or part of the capital costs or operating costs of an independent health facility or of the costs of the services provided in an independent health facility according to the method of payment approved by the Minister.  1996, c. 1, Sched. F, s. 30. (3) Repealed: 2019, c. 15, Sched. 19, s. 14 (1). Costs of establishing (4) The Minister may pay all or part of the costs of establishing an independent health facility.  1996, c. 1, Sched. F, s. 30. (5) Repealed: 2019, c. 15, Sched. 19, s. 14 (2). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 30 - 1/04/1996 2019, c. 15, Sched. 19, s. 14 (1, 2) - 10/12/2019
24.1 (1) For the purposes of this Act, every licensee and potential licensee shall maintain such records as may be necessary to establish whether they have provided a service to a person for or in respect of which a facility fee is charged or paid. 2019, c. 15, Sched. 19, s. 15 (1). Same, providing service (2) For the purposes of this Act, every licensee and potential licensee shall maintain such records as may be necessary to demonstrate that a service for which they prepare or submit a claim for payment is the service that they provided. 2019, c. 15, Sched. 19, s. 15 (1). Same, necessary service (3) For the purposes of this Act, every licensee and potential licensee shall maintain such records as may be necessary to establish whether a service they have provided is medically or therapeutically necessary. 2019, c. 15, Sched. 19, s. 15 (1). Prompt preparation (4) The records described in subsections (1), (2) and (3) must be prepared promptly when the service is provided. 2019, c. 15, Sched. 19, s. 15 (1). Presumption (5) In the absence of a record described in subsection (1) or (3), it is presumed that a service for or in respect of which a facility fee is charged or paid was provided and that the amount payable is nil. 2019, c. 15, Sched. 19, s. 15 (1). Different service provided (6) In the absence of a record described in subsection (2), the service that was provided is presumed to be the service, if any, that the Minister considers to be described in the records as having been provided and not the service for which the claim for payment was prepared or submitted. 2019, c. 15, Sched. 19, s. 15 (1). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019
24.2 The Minister shall refuse to pay if the claim for payment is not prepared in the required form, does not meet the prescribed requirements or is not submitted to the Minister within the prescribed time. However, the Minister may pay if, in the Minister’s opinion, there are extenuating circumstances. 2019, c. 15, Sched. 19, s. 15 (1). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019
24.4 The Minister may require reimbursement from a person for an amount paid under this Act in support of an insured service rendered to the person if, after the payment is made, the Minister determines that the person was not an insured person and was not entitled to have a payment made under this Act with respect to the service. 2019, c. 15, Sched. 19, s. 15 (1). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019
24.5 The requirement to reimburse the Minister under section 24.3 or 24.4 creates a debt owed to the Crown in right of Ontario in the amount set out in the decision of the Minister. 2019, c. 15, Sched. 19, s. 15 (1). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019
24.6 Sections 24.3 and 24.4 apply whether the service or payment in question occurred before or after the coming into force of subsection 15 (1) of Schedule 19 to the Plan to Build Ontario Together Act, 2019. 2019, c. 15, Sched. 19, s. 15 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, section 24.6 of the Act is repealed. (See: 2019, c. 15, Sched. 19, s. 15 (2)) Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019; 2019, c. 15, Sched. 19, s. 15 (2) - not in force
24.7 Nothing in this Act prevents the Minister and a licensee or a potential licensee from entering into an agreement at any time, and despite any other provision of this Act, with respect to amounts to be paid or recovered with respect to claims for services. However, for greater certainty, the Minister is not required to enter into any such agreement. 2019, c. 15, Sched. 19, s. 15 (1). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019
24.8 Where the Minister has required payment under section 24.3, interest accrues on the amount that is required to be paid commencing on the date of the Minister’s decision, at the rate for postjudgment interest provided for under section 127 of the Courts of Justice Act. 2019, c. 15, Sched. 19, s. 15 (1). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019
24.9 (1) The following persons may request a hearing by the Board with respect to the following matters: 1.  A licensee or potential licensee may request a hearing to review a decision of the Minister under subsection 24.3 (3) or (4). 2.  A person may request a hearing to review a decision of the Minister under section 24.4. 2019, c. 15, Sched. 19, s. 15 (1). Notice of request (2) The person requesting a hearing shall file a notice of the request within 30 days after receiving notice of the decision of the Minister. 2019, c. 15, Sched. 19, s. 15 (1). Restrictions on hearing requests (3) For greater certainty, (a)  a licensee or potential licensee may request a hearing only for those matters provided for under subsection 24.3 (3) or (4) and with respect to them, only those matters may be the subject of a hearing by the Board in accordance with this Act; and (b)  a licensee or potential licensee may not request a hearing with respect to a decision by the Minister to pursue a remedy in contract or otherwise by operation of law. 2019, c. 15, Sched. 19, s. 15 (1). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019
24.11 (1) Any party to the proceedings before the Board under section 24.10 may appeal from its decision or order to the Divisional Court in accordance with the rules of court. 2019, c. 15, Sched. 19, s. 15 (1). Record to be filed in court (2) Where any party appeals from a decision or order of the Board, the Board shall forthwith file in the Divisional Court the record of the proceedings before it in which the decision was made, which, together with the transcript of evidence, if it is not part of the Board’s record, shall constitute the record in the appeal. 2019, c. 15, Sched. 19, s. 15 (1). Powers of court on appeal (3) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the Board and may exercise all powers of the Board to direct the Minister to take any action which the Board may direct the Minister to take and as the court considers proper and for such purposes the court may substitute its opinion for that of the Minister or of the Board, or the court may refer the matter back to the Board for rehearing, in whole or in part, in accordance with such directions as the court considers proper. 2019, c. 15, Sched. 19, s. 15 (1). No stay (4) Despite section 25 of the Statutory Powers Procedure Act, an appeal under this section does not have the effect of staying the decision with respect to which the appeal is made. 2019, c. 15, Sched. 19, s. 15 (1). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 15 (1) - 10/12/2019
25 (1) The Minister or the Director may appoint, in writing, one or more persons, or the members of any class of persons, as inspectors for the purpose of ensuring compliance with this Act and the regulations, subject to any limitations the Minister or Director may provide for in the appointment. 2019, c. 15, Sched. 19, s. 16. Inspectors by virtue of office (2) Every reviewer appointed under the Health Insurance Act is, by virtue of office, an inspector for the purposes of this Act and shall be deemed to have been appointed for the purpose mentioned in subsection (1). 2019, c. 15, Sched. 19, s. 16. Certificate of appointment (3) The Minister or Director shall issue to every inspector appointed under subsection (1) a certificate of appointment which the inspector shall produce, upon request, when acting in the performance of their duties.  An inspector mentioned in subsection (2) shall produce their certificate of appointment issued under the Health Insurance Act. 2019, c. 15, Sched. 19, s. 16. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 19, s. 16 - 10/12/2019 Inspections by inspectors appointed by Registrar
26 (1) Where the Director is of the opinion that there is reasonable ground for belief that there is or has been a contravention of section 3, the Director may give notice to the Registrar of the College.  R.S.O. 1990, c. I.3, s. 26 (1). Same (2) If the Director is of the opinion that there is reasonable ground to believe that the quality and standards of a service provided in a health facility operated under subsection 7 (6), or of a service provided under subsection 8 (5), do not comply with the regulations or, in the absence of regulations, do not conform to the generally accepted quality and standards for the health facility and for services provided in such a facility, the Director may give notice to the Registrar.  1996, c. 1, Sched. F, s. 31. Appointment of inspectors by Registrar (3) Upon receipt of a notice under subsection (1) or (2), the Registrar shall appoint in writing one or more persons as inspectors to make the inspection.  R.S.O. 1990, c. I.3, s. 26 (3). Certificate of appointment (3.1) The Registrar shall issue to every inspector appointed under subsection (3) a certificate of appointment which the inspector shall produce, upon request, when acting in the performance of their duties. 2019, c. 15, Sched. 19, s. 17. Notice by inspector (4) Before making an inspection, an inspector shall give written notice to the person who appears to be in control or management of the health facility.  R.S.O. 1990, c. I.3, s. 26 (4). Progress reports (5) The Registrar shall report to the Director upon the appointment of the inspector or inspectors and, at the request of the Director, upon the progress of the inspection.  R.S.O. 1990, c. I.3, s. 26 (5). Report to Registrar (6) An inspector appointed by the Registrar shall make the inspection and shall make such reports and interim reports in respect of the inspection as are required by the Registrar.  R.S.O. 1990, c. I.3, s. 26 (6). Report to Director (7) The Registrar shall report the result of the inspection to the Director.  R.S.O. 1990, c. I.3, s. 26 (7). Report to College (8) The Registrar shall also report the result of the inspection to the Executive Committee or such other committee of the College as the Registrar considers appropriate.  R.S.O. 1990, c. I.3, s. 26 (8). Time and form of reports (9) Reports and interim reports under this section shall be made at such times, in such form, in such detail and with such supporting material as is required by the person or body to whom the report is to be made.  R.S.O. 1990, c. I.3, s. 26 (9). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 31 - 1/04/1996 2019, c. 15, Sched. 19, s. 17 - 10/12/2019
27 (1) The Registrar may appoint persons in writing as assessors.  R.S.O. 1990, c. I.3, s. 27 (1). Appointment by committee of College (2) The Council of the College, or a committee established by the Council acting on the direction of the Council, may appoint persons as assessors.  R.S.O. 1990, c. I.3, s. 27 (2). Appointment upon notice (3) If the Director considers it necessary or advisable that assessments be carried out of the quality and standards of services provided in an independent health facility operated by a person licensed under this Act, the Director may give notice in writing to the chief administrative officer of the governing, registering or licensing body of a health profession.  2009, c. 33, Sched. 18, s. 13 (4). Choice of notice (4) The Director is not required to give notice to or consult with the licensee or operator of the health facility before giving notice to the chief administrative officer of the governing, registering or licensing body of a health profession.  R.S.O. 1990, c. I.3, s. 27 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 18, s. 13 (4) - 15/12/2009 Appointment of assessors and reports
28 (1) Upon receipt of notice under section 27, the chief administrative officer of the governing, registering or licensing body of a health profession shall appoint one or more persons in writing as assessors.  R.S.O. 1990, c. I.3, s. 28 (1). Reports to Director (2) The chief administrative officer shall report to the Director upon the officer’s appointments of assessors under subsection (1) and upon the assessments made by them.  R.S.O. 1990, c. I.3, s. 28 (2). Time and form of reports (3) The chief administrative officer shall make the reports at such times, in such form, in such detail and with such supporting material as is required by the Director.  R.S.O. 1990, c. I.3, s. 28 (3). 29 Repealed:  2009, c. 33, Sched. 18, s. 13 (5). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 55 - 20/08/2007 2009, c. 33, Sched. 18, s. 13 (5) - 15/12/2009
30 For the purposes of assessing the health care provided to one or more persons in a health facility, an assessor may, at any reasonable time, (a)  inspect and receive information from medical records or from notes, charts and other material relating to patient care and reproduce and retain copies thereof; (b)  interview the licensee or operator and members of the staff of the health facility on matters that relate to the quality and standards of service provided in the health facility, subject to the person’s right to have counsel or some other representative present during the interview; and (c)  if the consent of the person who is to receive services has been obtained, observe the staff of the facility providing services to members of the public.  1996, c. 1, Sched. F, s. 32. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. F, s. 32 - 1/04/1996