jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “Minister” means Minister of Health and Long-Term Care; (“ministre”) “Ministry” means Ministry of Health and Long-Term Care. (“ministère”)  R.S.O. 1990, c. L.1, s. 1; 2006, c. 19, Sched. L, s. 11 (2, 3). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. L, s. 11 (2, 3) - 22/06/2006 2-4 Repealed:  2006, c. 19, Sched. L, s. 6 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. L, s. 6 (1) - 22/06/2006 Health Facilities
5 In this section and in sections 6 to 20, “Director” means the Director of Laboratory and Specimen Collection Centre Licensing appointed under section 6; (“directeur”) “inspector” means an inspector appointed under section 16; (“inspecteur”) “laboratory” means, subject to any exclusions provided for in the regulations, (a)  an institution, building or place in which operations and procedures for the microbiological, serological, chemical, hematological, biophysical, immunohematological, cytological, pathological, cytogenetic, molecular genetic or genetic examination, or such other examinations as are prescribed by the regulations, of specimens taken from the human body are performed to obtain information for diagnosis, prevention or treatment, and (b)  any other institution, building or place that may be provided for in the regulations; (“laboratoire”) “laboratory facility” means a laboratory or a specimen collection centre; (“centre de laboratoire”) “operator” means a person having charge or control of a laboratory facility; (“exploitant”) “personal information” includes personal information as defined in the Freedom of Information and Protection of Privacy Act and personal health information as defined in the Personal Health Information Protection Act, 2004; (“renseignements personnels”) “quality management program” means a quality management program provided for in section 19; (“programme de gestion de la qualité”) “regulations” means the regulations made under section 18; (“règlements”) “Review Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission de révision”) “specimen collection centre” means a place where specimens are taken or collected from the human body for examination to obtain information for diagnosis, prevention or treatment, and any other place that may be provided for in the regulations, but does not include, (a)-(d)  Repealed 2017, c. 11, Sched. 3, s. 1 (6). (e)  a laboratory that is established, operated or maintained under a licence under this Act, or (f)  a place that is excluded from this definition by the regulations; (“centre de prélèvement”) “test” means a procedure for carrying out an examination in a laboratory. (“test”)  R.S.O. 1990, c. L.1, s. 5; 1998, c. 18, Sched. G, s. 62 (2); 2006, c. 19, Sched. L, s. 6 (2, 3); 2007, c. 10, Sched. J, s. 2; 2009, c. 26, s. 12 (1); 2009, c. 33, Sched. 18, s. 17 (2); 2014, c. 14, Sched. 1, s. 12 (1, 2); 2017, c. 11, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 62 (2) - 01/02/1999 2006, c. 19, Sched. L, s. 6 (2, 3) - 22/06/2006 2007, c. 10, Sched. J, s. 2 - 04/06/2007; 2007, c. 10, Sched. P, s. 18 - no effect - see 2014, c. 14, Sched. 1, s. 13 - 11/12/2014 2009, c. 26, s. 12 (1)
- 15/12/2009; 2009, c. 26, s. 12 (2)
- no effect - see 2014, c. 14, Sched. 1, s. 14 - 11/12/2014; 2009, c. 33, Sched. 18, s. 17 (2) - 15/12/2009 2014, c. 14, Sched. 1, s. 12 (1, 2) - 11/12/2014 2017, c. 11, Sched. 3, s. 1 (1-6) - 01/07/2022
6 The Minister shall appoint an officer of the Ministry to be the Director of Laboratory and Specimen  Collection Centre Licensing for purposes of sections 5 to 18.  R.S.O. 1990, c. L.1, s. 6. 7 Repealed:  1998, c. 18, Sched. G, s. 62 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 62 (3) - 01/02/1999
8 No action or other proceeding for damages shall be instituted against the Minister or the Director or anyone acting under the authority of the Director for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty.  1998, c. 18, Sched. G, s. 62 (4); 2014, c. 14, Sched. 1, s. 12 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 62 (4) - 01/02/1999 2014, c. 14, Sched. 1, s. 12 (3) - 11/12/2014
9.1 (1) If the Director is of the opinion upon reasonable grounds that a laboratory facility is being operated or will be operated in a manner that poses an immediate threat to the health or safety of any person, the Director by a written order may suspend the licence of the laboratory facility. 2017, c. 11, Sched. 3, s. 2. Order effective immediately (2) An order under subsection (1) takes effect immediately upon notice of the order being served on the licensee. 2017, c. 11, Sched. 3, s. 2. Notice requiring hearing by Review Board (3) The Director shall deliver with the order under subsection (1) notice that the licensee is entitled to a hearing by the Review Board if the licensee mails or delivers, within 15 days after the notice is served on the licensee, notice in writing requiring a hearing to the Director and the Review Board, and the licensee may so require such a hearing. 2017, c. 11, Sched. 3, s. 2. Power of Review Board where hearing (4) Section 11 applies, with necessary modifications, to a suspension under subsection (1). 2017, c. 11, Sched. 3, s. 2. Service of notice (5) The Director may serve notice of an order under subsection (1) by sending the notice by any means that produces a paper record or by any other method of delivery that is prescribed in the regulations. 2017, c. 11, Sched. 3, s. 2. 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. 2017, c. 11, Sched. 3, s. 2. No stay (7) Despite section 25 of the Statutory Powers Procedure Act, a request for a hearing by the Board made in accordance with subsection (3) of this section or an appeal to Divisional Court of the Review Board’s decision under section 13 does not operate as a stay of a suspension of a licence ordered under subsection (1) of this section. 2017, c. 11, Sched. 3, s. 2. No interim order to stay (8) Despite section 16.1 of the Statutory Powers Procedure Act, the Review Board shall not make an interim order to stay the suspension of a licence ordered under subsection (1) of this section. 2017, c. 11, Sched. 3, s. 2. Powers are additional (9) For greater certainty, the powers of the Director under this section are in addition to, and not in place of, the powers of the Minister under the Health Facilities Special Orders Act. 2017, c. 11, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 11, Sched. 3, s. 2 - 01/07/2022
9.2 (1) A licence issued under this Act is not transferrable without the consent of the Director. 2017, c. 11, Sched. 3, s. 2. How dealt with (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, section 9 applies with necessary modifications. 2017, c. 11, Sched. 3, s. 2. Limitations and conditions (3) In consenting to the transfer of a licence, the Director may attach to the licence such conditions as the Director considers necessary in the circumstances. 2017, c. 11, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 11, Sched. 3, s. 2 - 01/07/2022
10 (1) Where the Director issues a licence under this Act and any party to the proceeding is dissatisfied with the terms and conditions thereof prescribed by the Director, the party may by written notice given to the Director and the Review Board require a hearing by the Review Board, and the Review Board shall appoint a time for and hold a hearing.  R.S.O. 1990, c. L.1, s. 10 (1); 1998, c. 18, Sched. G, s. 62 (1). Decision of Review Board (2) Pursuant to a hearing under subsection (1), the Review Board may affirm the terms and conditions prescribed for the licence by the Director or may cancel such terms and conditions or may prescribe such other terms and conditions for the licence in the place of those prescribed by the Director as it considers proper and such terms and conditions shall be terms and conditions of the licence.  R.S.O. 1990, c. L.1, s. 10 (2); 1998, c. 18, Sched. G, s. 62 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 62 (1) - 01/02/1999
12 (1) The Director, the applicant or the owner or operator who has required the hearing and such other persons as the Review Board may specify are parties to proceedings before the Review Board under this Act.  R.S.O. 1990, c. L.1, s. 12 (1); 1998, c. 18, Sched. G, s. 62 (1). Notice of hearing (2) Notice of a hearing under section 11 shall afford the applicant or the owner or operator a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue or retention of the licence.  R.S.O. 1990, c. L.1, s. 12 (2). Examination of documentary evidence (3) Any party to proceedings under section 11 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. L.1, s. 12 (3). Members holding hearing not to have taken part in investigation, etc. (4) Members of the Review 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 the representative of the party except upon notice to and opportunity for all parties to participate, but the Review Board may seek legal advice from an adviser independent from the parties and in such case the nature of the advice should be made known to the parties in order that they may make submissions as to the law.  R.S.O. 1990, c. L.1, s. 12 (4); 1998, c. 18, Sched. G, s. 62 (1). Recording of evidence (5) The oral evidence taken before the Review 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. L.1, s. 12 (5); 1998, c. 18, Sched. G, s. 62 (1); 2006, c. 19, Sched. C, s. 1 (1). Findings of fact (6) The findings of fact of the Review Board pursuant to 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. L.1, s. 12 (6); 1998, c. 18, Sched. G, s. 62 (1). (7) Repealed:  1998, c. 18, Sched. G, s. 62 (5). Release of documentary evidence (8) Documents and things put in evidence at a hearing shall, upon the request of the person who produced them, be released to the person by the Review Board within a reasonable time after the matter in issue has been finally determined.  R.S.O. 1990, c. L.1, s. 12 (8). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 62 (1, 5) - 01/02/1999 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
13 (1) Any party to the proceedings before the Review Board under this Act may appeal from its decision or order to the Divisional Court in accordance with the rules of court.  R.S.O. 1990, c. L.1, s. 13 (1); 1998, c. 18, Sched. G, s. 62 (1, 6). Record to be filed in court (2) Where any party appeals from a decision or order of the Review Board, the Review Board shall forthwith file in the Superior Court of Justice 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 Review Board’s record, shall constitute the record in the appeal.  R.S.O. 1990, c. L.1, s. 13 (2); 1998, c. 18, Sched. G, s. 62 (1); 2006, c. 19, Sched. C, s. 1 (1). Minister entitled to be heard (3) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section.  R.S.O. 1990, c. L.1, s. 13 (3). Powers of court on appeal (4) 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 Review Board and may exercise all powers of the Review Board to direct the Director to take any action which the Review Board may direct him or her to take and as the court considers proper and for such purposes the court may substitute its opinion for that of the Director or of the Review Board, or the court may refer the matter back to the Review Board for rehearing, in whole or in part, in accordance  with such directions as the court considers proper.  R.S.O. 1990, c. L.1, s. 13 (4); 1998, c. 18, Sched. G, s. 62 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 62 (1, 6) - 01/02/1999 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
14 (1) Every owner and operator of a laboratory shall ensure that no tests are performed in the laboratory other than tests authorized by the licence, and no person employed in the laboratory shall knowingly participate in such tests.  R.S.O. 1990, c. L.1, s. 14 (1). Specimen taking or collecting permitted (2) Every owner and operator of a specimen collection centre shall ensure that no specimen taking or collecting is carried out in the specimen collection centre other than specimen taking or collecting authorized by the licence, and no person employed in the specimen collection centre shall knowingly participate in such specimen taking or collecting.  R.S.O. 1990, c. L.1, s. 14 (2). 15 Repealed: 2017, c. 11, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 11, Sched. 3, s. 4 - 01/07/2022
17 (1) If it appears to the Director that a person is not complying with this Act or the regulations, the Director may apply to the Superior Court of Justice for an order directing the person to comply, and, upon the application, the court may make the order that the court thinks fit. 2014, c. 14, Sched. 1, s. 12 (11). Same (2) Subsection (1) applies in addition to any other procedures that may be available to the Director, whether or not the Director has exercised his or her rights under such procedures. 2014, c. 14, Sched. 1, s. 12 (11). Compliance (3) A person to whom an order under subsection (1) is directed shall comply with it according to its terms. 2014, c. 14, Sched. 1, s. 12 (11). Appeal (4) An appeal lies to the Divisional Court from an order made under subsection (1). 2014, c. 14, Sched. 1, s. 12 (11). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. I, s. 13 (1) - 26/11/2002 2011, c. 1, Sched. 6, s. 6 (1) - 30/03/2011 2014, c. 14, Sched. 1, s. 12 (11) - 11/12/2014
17.1 (1) The Ministry may directly or indirectly collect personal information for purposes related to the administration or enforcement of this Act, subject to any requirements or conditions provided for in the regulations. 2017, c. 11, Sched. 3, s. 6. Use of personal information (2) The Ministry may use personal information for purposes related to the administration or enforcement of this Act, subject to any requirements or conditions provided for in the regulations. 2017, c. 11, Sched. 3, s. 6. Disclosure of personal information (3) The Ministry may disclose personal information for purposes related to the administration or enforcement of this Act, subject to any requirements or conditions provided for in the regulations. 2017, c. 11, Sched. 3, s. 6. Personal health information not to be used for administration (4) Despite the definition of “personal information” in section 5, “personal information” for purposes related to the administration of this Act does not include personal health information as defined in the Personal Health Information Protection Act, 2004. 2017, c. 11, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 11, Sched. 3, s. 6 - 01/07/2022
19 The Minister may enter into an agreement with an agency or agencies designated in the regulations to provide for the carrying out of a quality management program acceptable to the Director.  2006, c. 19, Sched. L, s. 6 (7). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. L, s. 6 (7) - 22/06/2006
20 The Minister may establish a committee of not fewer than five persons for the purpose of recommending to the Minister standards and procedures for assessments under a quality management program.  2006, c. 19, Sched. L, s. 6 (7). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. L, s. 6 (7) - 22/06/2006 21 Repealed: 2017, c. 11, Sched. 3, s. 8. Section Amendments with date in force (d/m/y) 2011, c. 1, Sched. 6, s. 6 (3) - 30/03/2011 2017, c. 11, Sched. 3, s. 8 - 01/07/2022 Fines and the Recovery Thereof