Regulations
17 (1) The Lieutenant Governor in Council may make regulations, (a) designating drugs to be included in or excluded from the definition of “monitored drug”; (a.1) designating persons for the purposes of the definition of a “dispenser” or “prescriber”; (b) excluding a person from the application of this Act, or from one or more provisions of this Act, subject to the conditions, if any, provided for in the regulations; (c) for the purpose of paragraph 5 of subsection 4 (2), specifying additional powers or functions of the executive officer under this Act; (d) specifying requirements or conditions in respect of the collection, use or disclosure of personal information by the Minister or the executive officer under this Act; (e) governing the notice that is required to be made available under section 6 in respect of the collection, use and disclosure of personal information by the Minister or the executive officer; (f) for the purpose of paragraph 2 of subsection 8 (1), respecting any information, including personal information, that shall be disclosed to the Minister or the executive officer; (g) for the purpose of paragraph 7 of subsection 10 (1), specifying additional information, including personal information, that a prescriber must record on a prescription; (h) for the purpose of paragraph 8 of subsection 11 (1), specifying additional information, including personal information, that a dispenser must keep a record of with respect to a prescription; (i) respecting the identity verification requirements that a dispenser must ensure are met before dispensing a monitored drug under subsection 11 (2); (j) respecting any matter considered necessary or advisable to carry out effectively the purpose of this Act.  2010, c. 22, s. 17 (1); 2023, c. 4, Sched. 2, s. 8 (5). Public consultation before making regulations (2) The Lieutenant Governor in Council shall not make any regulations under clause (1) (a.1), (b), (d), (f), (g), (h) or (i) unless, (a) the Minister has published a notice of the proposed regulation on the website of the Ministry and in any other format the Minister considers advisable; (b) the notice complies with the requirements of this section; (c) the time periods specified in the notice, during which members of the public may exercise a right described in clause (3) (b) or (c), have expired; and (d) the Minister has considered whatever comments and submissions that members of the public have made on the proposed regulation in accordance with clause (3) (b) or (c) and has reported to the Lieutenant Governor in Council on what, if any, changes to the proposed regulation the Minister considers appropriate.  2010, c. 22, s. 17 (2); 2023, c. 4, Sched. 2, s. 8 (6). Contents of notice (3) The notice mentioned in clause (2) (a) shall contain, (a) a description of the proposed regulation and the text of it; (b) a statement of the time period during which members of the public may submit written comments on the proposed regulation to the Minister and the manner in which and the address to which the comments must be submitted; (c) a description of whatever other rights, in addition to the right described in clause (b), that members of the public have to make submissions on the proposed regulation and the manner in which and the time period during which those rights must be exercised; (d) a statement of where and when members of the public may review written information about the proposed regulation; and (e) all other information that the Minister considers appropriate.  2010, c. 22, s. 17 (3). Time period for comments (4) The time period mentioned in clauses (3) (b) and (c) shall be at least 30 days after the Minister gives the notice mentioned in clause (2) (a) unless the Minister shortens the time period in accordance with subsection (5).  2010, c. 22, s. 17 (4). Shorter time period for comments (5) The Minister may shorten the time period if, in the Minister’s opinion, (a) the urgency of the situation requires it; (b) the proposed regulation clarifies the intent or operation of this Act or the regulations; or (c) the proposed regulation is of a minor or technical nature.  2010, c. 22, s. 17 (5). Discretion to make regulations (6) Upon receiving the Minister’s report mentioned in clause (2) (d), the Lieutenant Governor in Council, without further notice under subsection (2), may make the proposed regulation with the changes that the Lieutenant Governor in Council considers appropriate, whether or not those changes are mentioned in the Minister’s report.  2010, c. 22, s. 17 (6). No review (7) Subject to subsection (8), a court shall not review any action, decision, failure to take action or failure to make a decision by the Lieutenant Governor in Council or the Minister under subsections (2) to (6).  2010, c. 22, s. 17 (7). Exception (8) Any person resident in Ontario may make an application for judicial review under the Judicial Review Procedure Act on the grounds that the Minister has not taken a step required by subsections (2) to (6).  2010, c. 22, s. 17 (8). Time for application (9) No person shall make an application under subsection (8) with respect to a regulation later than 21 days after the day on which the Minister publishes a notice with respect to the regulation under clause (2) (a).  2010, c. 22, s. 17 (9). Section Amendments with date in force (d/m/y) 2023, c. 4, Sched. 2, s. 8 (5, 6) - 24/07/23 18 Omitted (provides for coming into force of provisions of this Act).  2010, c. 22, s. 18. 19 Omitted (enacts short title of this Act).  2010, c. 22, s. 19. ______________  Français