jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 This Act does not apply to a place, service or class of services, health facility or class of health facilities or person or class of persons that is exempted by the regulations. PART II   DIRECTOR
3 (1) The Minister shall appoint one or more persons as the Director for integrated community health services centres. Director may be individual or other entity (2) A Director may be an individual or another entity. If more than one Director appointed (3) Where more than one person is appointed as Director, the appointment may specify the functions and duties of each person who is appointed. Director’s powers (4) Subject to this Act and the regulations, the Director has the power to perform any functions or duties that the Director has under this Act. PART III   LICENSING AND RELATED MATTERS Licence Applications
4 No person shall establish or operate an integrated community health services centre except under the authority of a licence.
7 (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 integrated community health services centre, and before any or all of the licences are issued, the Minister may direct the Director, in writing, not to issue a licence or licences in respect of the call for applications. Notice of direction not to license (2) 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. Public notice (3) 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 (2), publish notice of the direction in the same manner in which the call for applications was published.
8 (1) Every licence expires on the expiry date specified on the licence unless it is revoked or is surrendered to the Director before that date. Surrender (2) A licensee may surrender their licence to the Director but shall give the Director at least six months notice before doing so. Renewal, Relocation, Transfer, Etc.
9 (1) A licence is renewable, subject to the approval of the Director. Application required (2) A licensee may apply to the Director for the renewal of their licence. Compliance with requirements (3) The Director has the authority to approve an application for the renewal of a licence, subject to the licensee’s compliance with any requirements the Director considers necessary or advisable. Director’s decision (4) In deciding whether to approve an application for the renewal of a licence, 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 13 (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. Additional limitations and conditions (5) At the time of renewing a licence, the Director may impose any limitations and conditions on the licence that the Director considers necessary or advisable in the circumstances. Continuation of licence pending renewal (6) Where, before the expiry of the licence, a licensee has applied for renewal of the licence, the licence shall be deemed to continue, (a)  until the renewal is approved; or (b)  if the licensee is served with notice that the Director does not approve the renewal of a licence under this section, until the date specified by the Director in the notice.
10 (1) A licensee shall not relocate an integrated community health services centre without the prior approval of the Director. Application (2) A licensee may apply to the Director for approval to relocate an integrated community health services centre. Approval (3) The Director may approve the relocation subject to such limitations and conditions as the Director considers necessary or advisable. No appeal (4) For greater certainty, section 15 does not apply to a decision to not approve a relocation. Limitation on relocation (5) The Director shall not approve the relocation of an integrated community health services centre to a location described in subsection 6 (5).
11 (1) A licence is not transferable without the prior approval of the Director. Application (2) A licensee may apply to the Director for approval of the transfer of a licence. Criteria (3) In deciding whether to approve an application for 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) applies with necessary modifications. Considerations not required (4) Despite subsection (3), clause 6 (1) (a) does not apply to the decision to approve the transfer and, for greater certainty, the Director is not required to take into account the considerations set out in subsection 6 (2). Compliance with requirements (5) The Director may conditionally approve a transfer subject to compliance by the licensee or the proposed transferee with any requirements the Director considers necessary or advisable. Approval (6) The Director may approve the transfer of a licence subject to such limitations and conditions as the Director considers necessary or advisable.
12 (1) Where the Director is of the opinion that an integrated community health services centre 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 centre, the Director, by a written order, may take control of and operate the centre for a period not exceeding one year. Authority of Director (2) Where the Director takes control of and operates an integrated community health services centre under subsection (1), the Director has all the powers of the licensee and the Director may appoint one or more persons to operate the centre and each person so appointed is a representative of the Director. Payment for services and compensation for property (3) Where the Director takes control of an integrated community health services centre, 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 centre while the centre 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 centre is under the control of the Director. Order effective immediately (4) An order under subsection (1) takes effect immediately and is final. Revocations, Suspensions, Refusals to Renew and Licence Amendments
14 (1) The Director may at any time amend the limitations and conditions of a licence, which may include adding or eliminating a service from the list of services in respect of which an integrated community health services centre is licensed. Application (2) A licensee may submit an application to the Director to amend the limitations and conditions of their licence by adding a service to the list of services in respect of which the integrated community health services centre is licensed. Approval (3) The Director may approve an application under subsection (2) subject to such limitations and conditions as the Director considers necessary or advisable. Eliminating service (4) Despite subsection (1), the Director shall not amend the limitations and conditions of a licence to eliminate a service from the list of services in respect of which an integrated community health services centre is licensed unless, (a)  the Director is of the opinion that there is reasonable ground for belief that the eliminated service is 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 centre; (b)  the Director is of the opinion that there is reasonable ground for belief that the eliminated service is being provided, or will be provided, in a manner that is prejudicial to the health, safety or welfare of any person; (c)  the licensed service has not been provided at the integrated community health services centre for a period of at least six months; or (d)  any other prescribed circumstances apply. Amendment takes effect immediately (5) An amendment under subsection (1) that eliminates a service takes effect immediately upon notice being served under subsection (6). Notice of amendment (6) The Director shall serve notice of an amendment under subsection (1) that eliminates a service, together with reasons for the decision, on the licensee. No appeal of decision to not add service (7) For greater certainty, section 15 does not apply to a decision by the Director to not approve an application under subsection (2) of this section by adding a service to the list of services in respect of which the integrated community health services centre is licensed. Transition (8) The period of six months referred to in clause (4) (c) includes any period of time in which the integrated community health services centre was licensed as an independent health facility under the
Independent Health Facilities Act, before that Act was repealed, and was not providing a licensed service.
16 (1) The Director, the person who has requested the hearing and any other person the Board may specify are parties to proceedings before the Board under this Act. 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. 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. 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 so that the parties may make submissions as to the law. Recording of evidence (5) Any oral evidence taken before the Board at a hearing shall be recorded and, if so required, copies of a transcript of that evidence shall be provided upon the same terms as in the Superior Court of Justice. Findings of fact (6) The findings of fact of the Board in a hearing shall be based exclusively on evidence admissible or matters that may be noticed under the Statutory Powers Procedure Act. Release of documentary evidence (7) 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.
17 (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. Record to be filed in court (2) Where any party appeals under subsection (1), the Board shall promptly 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. 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. Final decision (4) The decision of the Divisional Court under this section is final.
18 (1) The Minister may direct the Director in writing to, (a)  revoke or refuse to renew a licence; or (b)  amend the limitations and conditions of a licence to eliminate a service from the list of services in respect of which the integrated community health services centre is licensed. Matters to be considered (2) In deciding whether or not to issue a direction under subsection (1), the Minister shall take into account the considerations listed in subsection 6 (2). 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 integrated community health services centre is licensed. No appeal (4) For greater certainty, section 15 does not apply to a refusal to renew a licence, a revocation of a licence or an elimination of services under this section. Licensee Requirements
19 (1) Every application under this Part 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 or advisable. Director may request additional information (2) The Director may request additional information from any person in respect of any application under this Part. Information deemed to be supplied in confidence (3) Any information that the Director collects in relation to an application submitted under this Part shall be deemed, for the purposes of section 17 of the Freedom of Information and Protection of Privacy Act, to have been supplied in confidence to the Director.
20 (1) Every licensee shall comply with every applicable requirement under this Act. Quality and safety standards (2) Every licensee shall comply with the applicable quality and safety standards. Licensee responsible (3) If the Director or an inspector 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 or inspector may take any action permitted under this Act in consequence.
21 Every licensee shall provide truthful, complete and accurate information in any application, report, document or in any other information required or requested under this Act or as a limitation and condition of a licence or of receiving funding.
22 Every licensee shall, in accordance with the requirements provided for in the regulations, establish and maintain a process for receiving and responding to patient complaints.
23 (1) Every licensee shall, in accordance with the requirements provided for in the regulations, if any, establish and maintain a process for the review of incidents. Reporting of incidents (2) Every 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. Definition (3) In this section, “incident” means any unintended event that occurs when a patient receives services in an integrated community health services centre that, (a)  results in death, or serious disability, injury or harm to the patient, and (b)  does not result primarily from the patient’s underlying medical condition or from a known risk inherent in providing the service.
24 (1) Every licensee shall post any prescribed documents and information in a prominent place clearly visible to members of the public at or near the entrance of the integrated community health services centre and on the centre’s website, if any. Compliance with regulations (2) The prescribed documents and information must be posted in compliance with the requirements provided for in the regulations, if any.
25 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.
26 (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. Exception (2) Subsection (1) does not apply if the licence includes a limitation or condition as to the ownership or control of the licensee and the contract would not result in a breach of a limitation or condition.
27 A licensee that is a private company as defined in the Securities Act shall not permit an issue or transfer of its voting shares except in accordance with the limitations and conditions of the licence.
28 (1) A licensee that is a corporation shall notify the Director in writing within 15 days of any change in the officers or directors of the corporation. Same (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 immediately notify the Director. PART IV   PAYMENTS AND ACCOUNTABILITY
29 (1) The Minister may pay all or part of the facility costs or other operating costs of an integrated community health services centre. Other prescribed costs (2) The Minister may pay any other prescribed costs of an integrated community health services centre. Prohibition on charging of facility costs (3) No person shall charge a facility cost, or accept payment of a facility cost, for or in respect of a service provided in an integrated community health services centre unless the centre is operated by a licensee. Facility costs may only be charged to Minister or prescribed person (4) No person shall charge or accept payment of a facility cost unless the facility cost is charged to, and the payment accepted from, the Minister or a prescribed person. No preferences (5) No person shall, (a)  charge or accept payment for providing an insured person with a preference in obtaining access to an insured service at an integrated community health services centre; (b)  obtain or accept a benefit, direct or indirect, for providing an insured person with a preference in obtaining access to an insured service at an integrated community health services centre; or (c)  offer to do anything referred to in clause (a) or (b). No refusal for choice not to pay (6) No person shall refuse to provide or refuse to continue to provide an insured service to an insured person for any reason relating to the insured person’s choice not to pay, or not to provide a direct or indirect benefit, for any product, device or service offered at the integrated community health services centre. Obtaining funding to which not entitled (7) 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: 1.  Payment for or in respect of an integrated community health services centre. 2.  Payment for or in respect of a service provided in an integrated community health services centre. Regulation (8) A regulation made in respect of subsection (4) shall not prescribe an insured person who receives an insured service as a person to whom a facility cost may be charged, or from whom payment of a facility cost may be received, in respect of the service.
30 (1) For the purposes of this Act, every 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 cost is charged or paid. Same, providing service (2) For the purposes of this Act, every 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. Same, necessary service (3) For the purposes of this Act, every licensee shall maintain such records as may be necessary to establish whether a service they have provided is medically or therapeutically necessary. Prompt preparation (4) The records described in subsections (1), (2) and (3) must be prepared promptly when the service is provided. 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 cost is charged or paid was provided and that the amount payable is nil. 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.
31 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.
32 (1) Under any of the following circumstances, the Minister may, with respect to a claim for payment for a service provided by a licensee, refuse to pay for the service, pay a reduced amount for the service, pay for the service the Minister considers to have been provided and not the service described in the claim that was submitted or require reimbursement of the amount paid for the service: 1.  If the Minister is of the opinion that any or all of the following apply: i.  All or part of the service was not in fact rendered. ii.  The service has not been rendered in accordance with a requirement under this Act. iii.  There is an absence of a record described in section 30. 2.  If the Minister is of the opinion that the nature of the service is misrepresented, whether deliberately or inadvertently. 3.  If the Minister is of the opinion that all or part of the service was not provided in accordance with the quality and safety standards. 4.  In such other circumstances as may be prescribed. Statistical methods (2) The Minister may, in determining amounts to be reimbursed under this section, use a random sample with a reasonable confidence interval of claims submitted by the licensee in respect of a service during a specified period of time and calculate the amount to be reimbursed for that service for that period or a portion of that period by assuming the results observed in the random sample are representative of all of the claims submitted by the licensee for that service during the period in question. Pre-payment refusal to pay, pay reduced amount or substitute amount (3) Where the Minister is of the opinion that a circumstance described in subsection (1) exists and has made a decision to refuse to pay or pay a reduced amount to a licensee, or to pay for the service the Minister considers to have been provided and not the service described in the claim, the Minister shall notify the licensee of the decision and the action taken. Post-payment notice that reimbursement is required (4) Where the Minister has made a payment to a licensee and the Minister is of the opinion that a circumstance described in subsection (1) exists and that reimbursement to the Minister is required, the Minister shall notify the licensee of the decision to require reimbursement and the amount of reimbursement that is required. Recovery by Minister (5) The Minister may obtain or recover money that, in the opinion of the Minister, a licensee owes to the Minister by any method, including, without being limited to, set-off against any money payable to them under this Act or, in the event that the licensee is a physician, any money payable to them under the Plan, unless another method of payment is agreed to by the Minister. Not a decision (6) For greater certainty, a refusal to pay under section 31 is not a decision for the purposes of this section. Patient not to pay (7) No person shall charge or accept payment or other benefit from an insured person for a service that is the subject of a decision of the Minister under this section, except as may be provided for in the regulations, if any.
33 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.
34 The requirement to reimburse the Minister under section 32 or 33 creates a debt owed to the Crown in right of Ontario in the amount set out in the decision of the Minister.
35 Sections 32, 33 and 34 apply, with necessary modifications, to services or payments that occurred under the Independent Health Facilities Act before that Act was repealed.
36 Nothing in this Act prevents the Minister and a 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.
37 Where the Minister has required payment under section 32, 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.
38 (1) The following persons may request a hearing by the Board with respect to the following matters: 1.  A licensee may request a hearing to review a decision of the Minister under subsection 32 (3) or (4). 2.  A person may request a hearing to review a decision of the Minister under section 33. 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. Restrictions on hearing requests (3) For greater certainty, (a)  a licensee may request a hearing only for those matters provided for under subsection 32 (3) or (4) and with respect to them and only those matters may be the subject of a hearing by the Board in accordance with this Act; and (b)  a 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.
39 (1) If a person requests a hearing, the Board shall appoint a time for and hold the hearing and following the hearing may, by order, direct the Minister to take such action as the Board considers the Minister should take in accordance with this Act and the regulations. Extension of time for hearing (2) The Board may extend the time for the giving of notice by a person requesting a hearing under this section, either before or after expiration of such time, where it is satisfied that there are apparent grounds for granting relief to the claimant pursuant to a hearing and that there are reasonable grounds for applying for the extension, and the Board may give such directions as it considers proper regarding the extension. Onus (3) In any hearing under this section, the onus is on the licensee or other person to establish that the decision of the Minister is not in accordance with this Act and the regulations. Costs (4) In a hearing under paragraph 1 of subsection 38 (1), the Board may make an order granting costs to any party, subject to any rules or limitations that may be provided for in the regulations, and despite any other rules of the Board respecting costs and despite the Statutory Powers Procedure Act. Interest payable by Minister (5) If the Board has concluded that an amount is payable by the Minister to a licensee or any other person, interest calculated at the rate provided for postjudgment interest under section 127 of the Courts of Justice Act accrues from the date of recovery under subsection 32 (5) of this Act. No stay (6) Despite section 25 of the Statutory Powers Procedure Act, a request for a hearing under paragraph 1 of subsection 38 (1) of this Act does not have the effect of staying the decision with respect to which the request was made. No interim order to stay (7) Despite section 16.1 of the Statutory Powers Procedure Act, the Board shall not make an interim order to stay the decision with respect to which the request was made. May only order authorized payments (8) For greater certainty, the Board may only order payments that are authorized under this Act. Minister and Director are parties (9) The Minister and the Director, as applicable, are parties to a hearing under this section.
40 (1) Any party to the proceedings before the Board under section 39 may appeal from its decision or order to the Divisional Court in accordance with the rules of court. Record to be filed in court (2) Where any party appeals from a decision or order of the Board, the Board shall promptly 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. 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. 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.
42 (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. 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). 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. Inspection upon notice (4) If the Director considers it necessary or advisable that an inspection be carried out of an integrated community health services centre’s compliance with this Act and the regulations, the Director may give notice in writing to an inspector to conduct an inspection and the inspector shall comply with the notice.
45 (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, is admissible as evidence of the inspection report or decision and of the facts appearing in the document without further proof. Same (2) In any proceeding, other than a prosecution, a copy of a record or thing made under clause 44 (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. Same, prosecution (3) In any prosecution, a copy of a decision, direction or inspection report made under this Act 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. Same (4) In any prosecution, a copy of a record or thing made under clause 44 (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.
46 (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 44 (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 44, or has been prevented from exercising a power mentioned in subsection 44 (4), or that there are reasonable grounds to believe that the inspector will be prevented from entering the place or exercising the power. 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. 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. 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. Time of execution (5) An order may be executed only between 6 a.m. and 9 p.m. unless the order specifies otherwise. Other matters (6) Subsections 44 (2) and (4) to (9) apply, with necessary modifications, to the execution of an order.
47 Where an inspector is conducting an inspection under section 44 or executing an order under section 46 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 44 (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 44 (6) or (8) or subsection 48 (7).
48 (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. 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. 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. Conditions (4) A production order may contain any conditions the justice considers advisable. 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. 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. Compliance required (7) A person to whom a production order is directed shall comply with the order according to its terms. Compliance Orders
49 (1) The Director may order a licensee to, (a)  do anything, or refrain from doing anything, to achieve compliance with a requirement under this Act; (b)  prepare, submit and implement a plan for achieving compliance with a requirement under this Act; or (c)  ensure that specified licensed services are not provided at the integrated community health services centre until the licensee achieves compliance with a requirement under this Act. Same, inspecting body (2) An inspecting body may order a licensee to do anything set out in clause (1) (a) or (b). Grounds (3) A compliance order under subsection (1) or (2) may be made if, in the opinion of the Director or inspecting body, after considering any factors provided for in this Act or the regulations, the licensee has not complied with a requirement under this Act or, if in the opinion of the Director or inspecting body, it is necessary or advisable to protect the health or safety of any person. Time of validity (4) 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. Due diligence, mistakes do not prevent action (5) The authority to make a compliance order under this section may be exercised with respect to a licensee who has not complied with a requirement under this Act whether or not, (a)  the licensee took all reasonable steps to prevent the non-compliance; or (b)  at the time of the non-compliance, the 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. PART VI   MISCELLANEOUS
50 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.
51 (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; (d)  electronic means; or (e)  any other prescribed method. When effective (2) Service of a notice is effective, (a)  in the case of a notice under clauses (1) (a) to (d), on the day of delivery; and (b)  in the case of a notice under clause (1) (e), as provided for in the regulations. 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. 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.
52 No person, including an inspector or a person who, at the request of an inspector, accompanies an inspector in doing anything authorized under this Act, is a compellable witness in a civil suit or any proceeding respecting any information or material furnished, obtained, made or received by them in the course of performing a function or duty or exercising a power under this Act.
53 In a prosecution for an offence under this Act or where documents or materials provided for under section 48 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.
54 (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. Prosecutions (2) Subsection (1) does not apply in respect of a prosecution.
55 (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. 3.  A decision of the Minister under section 32 or 33. 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. Set-off (3) For greater certainty, nothing under this section affects any right of set-off that the Minister possesses under this Act.
56 (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. Same, Director (2) The Director is authorized to publish any information that relates to compliance with licensing and quality and safety standards under this Act, including personal information other than personal health information.
57 (1) Every inspecting body and every inspector appointed by an inspecting body shall keep confidential all information that comes to their knowledge in the course of performing a function or duty or exercising a power related to the administration of this Act, subject to subsection (2). Disclosure (2) An inspecting body or inspector appointed by an inspecting body may disclose information described in subsection (1), (a)  to the Director, upon request of the Director or for purposes related to this Act, the Health Insurance Act
or the Commitment to the Future of Medicare Act, 2004; (b)  to comply with any requirement under this Act to post the information or to make the information public; (c)  where the person to whom the information relates has consented to the disclosure; (d)  where the disclosure of the information is required or permitted by a law of Ontario or Canada; (e)  where disclosure is required in a proceeding before the Board; (f)  where the inspecting body has reasonable grounds to believe that the disclosure is necessary for the purpose of eliminating or reducing a significant risk of serious bodily harm to a person or group of persons; or (g)  in such circumstances as may be prescribed.
58 (1) The Minister may directly or indirectly collect personal information or use personal information, subject to such conditions as may be prescribed, for purposes related to the administration of this Act, the Health Insurance Act or the Commitment to the Future of Medicare Act, 2004 or for such other purposes as may be prescribed. Disclosure (2) The Minister shall disclose personal information, subject to such conditions as may be prescribed, if the disclosure is necessary for purposes related to the administration of this Act, the Health Insurance Act or the Commitment to the Future of Medicare Act, 2004 or for such other purposes as may be prescribed, but shall not disclose the information if, in the Minister’s opinion, the disclosure is not necessary for those purposes. Does not limit other use or disclosure (3) Subsections (1) and (2) do not limit the Minister’s authority to use and disclose personal information collected under subsection (1) if the use or disclosure, as the case may be, is permitted by the Personal Health Information Protection Act, 2004
or the Freedom of Information and Protection of Privacy Act. Disclosure to Minister (4) A person is authorized to disclose any personal information to the Minister for a purpose set out in subsection (1). Collection and use of personal information by inspecting body (5) An inspecting body may directly or indirectly collect personal information or use personal information, subject to such conditions as may be prescribed, for purposes related to the administration of this Act or for such other purposes as may be prescribed. Limitation (6) In the course of performing a function or duty or exercising a power related to the administration of this Act, an inspecting body or inspector appointed by an inspecting body shall not, (a)  collect, use or disclose personal information if other information will serve the purpose of the collection, use or disclosure; and (b)  collect, use or disclose more personal information than is reasonably necessary to meet the purposes of the collection, use or disclosure. Disclosure to health college (7) Where the Director, the Minister or an inspecting body determines that it is advisable to do so, the Director, Minister or inspecting body shall disclose personal information to a College within the meaning of the Regulated Health Professions Act, 1991
for the purpose of the administration of that Act or an Act named in Schedule 1 to that Act. Notification if inspecting body (8) An inspecting body shall notify the Director when making a disclosure under subsection (7).
59 (1) The Director may request, at any time, that a licensee or other person disclose to the Director, or to a person specified by the Director, any information or reports that the Director considers necessary or advisable for purposes related to the administration of this Act or the Health Insurance Act or for other prescribed purposes, and the licensee or other person shall comply with the request. Same (2) The information referred to under subsection (1) may include personal information. 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 or any regulations made under those Acts. 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. 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. Certificate of authenticity (6) A certificate of authenticity required under this section shall be in a form acceptable to the Director unless otherwise prescribed. Crown liability