Bill 118, Red Tape Reduction Act (Ministry of Health), 1997

Witmer, Hon. Elizabeth Minister of Health

Versions

Red Tape Reduction Act

(Ministry of Health), 1997

EXPLANATORY NOTE

This Bill is part of the government's initiative to reduce red tape. It amends several statutes administered by the Ministry of Health and several statutes administered by other ministries in relation to statutes administered by the Ministry of Health. It also enacts a new Act called the Ministry of Health Appeal and Review Boards Act, 1997.

The Bill has four Parts. Part I of the Bill enacts the new Act. Part II amends the Regulated Health Professions Act, 1991 (the "RHPA"). Part III amends the health professional Acts related to the RHPA. Part IV amends a number of other Acts.

Most of the changes made by the Bill relate to the following:

Consolidation of Health Boards

The new Act, the Ministry of Health Appeal and Review Boards Act, 1997, consolidates seven boards that deal with appeals and reviews under a number of Ministry of Health statutes. The boards are amalgamated into two new boards (sections 1 and 7 of the new Act).

Part I of the new Act deals with one of the new boards, the Health Professions Appeal and Review Board. Part II of the new Act deals with the other new board, the Health Services Appeal and Review Board. In addition to providing for their creation from the existing boards, each part provides for the duties of the new boards, their composition and for the qualifications of their members.

Part III of the new Act relates to both new boards. It provides for matters of an administrative or procedural nature. These include provisions that allow for single member panels (see sections 15 and 16 of the new Act).

The Bill makes a number of amendments to other Acts that are consequential to the consolidation of the existing boards. Provisions that duplicate, or are inconsistent with, the provisions of the new Act are repealed or amended. References to the boards that are being amalgamated are changed so that they refer to the new boards.

Procedural changes relating to the regulation of healthprofessions

A number of changes are made to the Health Professions Procedural Code (Schedule 2 to the RHPA). These include changes to the procedures of the new Health Professions Appeal and Review Board in relation to registration and complaints (see the amendments to sections 22 and 34 of the Code) and changes relating to the procedures of the health profession Colleges' Discipline Committee (see the amendments to section 42.1 of the Code) and Fitness to Practise Committee (see the amendment to section 66 of the Code).

Change from regulations to by-laws

Under section 95 of the Health Professions Procedural Code (Schedule 2 to the RHPA) the Colleges that regulate health professions can, with the approval of the Lieutenant Governor in Council, make regulations. Under section 94 of the Code the Colleges can, without such approval, make by-laws. The amendments to sections 94 and 95 of the Code convert a number of regulation-making powers to by-law-making powers. The result is that it will be possible to make by-laws with respect to a number of matters that currently must be dealt with in regulations. These matters include the election of Council members by members of the College, the conduct of meetings of the Council and committees, the composition of committees of the College and the fees to be paid by members.

The Bill amends the Drug and Pharmacies Regulation Act to convert certain regulation-making powers of the Ontario College of Pharmacists into by-law making powers, in a manner that is consistent with the conversion of regulation-making powers under the amendments to the Health Professions Procedural Code.

Procedural changes under the Veterinarians Act

Under the Veterinarians Act, there is a right, with respect to certain matters, to appeal to the Health Professions Board. (This is one of the Boards that will be amalgamated to form the Health Professions Appeal and Review Board). The amendments to the Veterinarians Act make the procedure before the Board in such matters more consistent with the procedure before the Board, as changed by this Bill, in matters arising under the RHPA and the health professions acts.

Updating of references to Acts regulating health professionals

The Bill updates a number of references to health professionals or the legislation that regulates them. The references being updated predate the reforms to the regulation of health professionals made by the RHPA and the healthprofessions Acts.

Minor changes

The Bill makes some other minor changes. These include:

1. An amendment to the RHPA adding a new exception, relating to law enforcement, to the confidentiality requirements in the RHPA. (See the amendment to section 36 of the RHPA.)

2. An amendment to section 23 of the Health Professions Procedural Code (Schedule 2 to the RHPA) to authorize the Registrar of a College to refuse to allow a person to obtain a member's business address and phone number from the register if the member's safety might be jeopardized. (See the new subsection 23 (3.1) of the Code).

3. Amendments to the Respiratory Therapy Act, 1991 and to the RHPA changing the French title of the profession. This results in amendments to the French title of the Act and the College. (See the amendments to the Respiratory Therapy Act, 1991 and to Schedule 1 of the RHPA).

4. An amendment to the Healing Arts Radiation Protection Act to repeal the regulation-making powers to prescribe hospitals and facilities in which computerized axial tomography scanners (C.A.T. scans) can be operated and the number of C.A.T. scans that can be operated in a facility. The Minister is given the power to designate such hospitals and facilities and the number of C.A.T. scans.

5. An amendment to the Public Hospitals Act to give the Minister power to establish a list of hospitals and their classifications and grades without doing so by regulation. (See the new section 32.1 of the Act.)

Bill 1181997

An Act to reduce red tape by

amending certain statutes administered

by the Ministry of Health,

by amending other statutes in relation to

statutes administered by the Ministry of Health

and by enacting the Ministry of Health

Appeal and Review Boards Act, 1997

CONTENTS


Part		Sections
I	Ministry of Health Appeal and Review Boards Act, 1997	1
II	Amendments to the Regulated Health Professions Act, 1991	2-24
III	Amendments to the Health Professions Act	25-45
	Audiology and Speech-Language Pathology Act, 1991	25
	Chiropody Act, 1991	26
	Chiropractic Act, 1991	27
	Dental Hygiene Act, 1991	28
	Dental Technology Act, 1991	29
	Dentistry Act, 1991	30
	Denturism Act, 1991	31
	Dietetics Act, 1991	32
	Massage Therapy Act, 1991	33
	Medical Laboratory Technology Act, 1991	34
	Medical Radiation Technology Act, 1991	35
	Medicine Act, 1991	36
	Midwifery Act, 1991	37
	Nursing Act, 1991	38
	Occupational Therapy Act, 1991	39
	Opticianry Act, 1991	40
	Optometry Act, 1991	41
	Pharmacy Act, 1991	42
	Physiotherapy Act, 1991	43
	Psychology Act, 1991	44
	Respiratory Therapy Act, 1991	45
IV	Amendments to other Acts	46-75
	Ambulance Act	46
	Charitable Institutions Act	47
	Coroners Act	48
	Courts of Justice Act	49
	Drug and Pharmacies Regulation Act	50
	Education Act	51
	Evidence Act	52
	Healing Arts Radiation Protection Act	53
	Health Care Accessibility Act	54
	Health Facilities Special Orders Act	55
	Health Insurance Act	56
	Health Protection and Promotion Act	57
	Highway Traffic Act	58
	Homes for the Aged and Rest Homes Act	59
	Human Tissue Gift Act	60
	Immunization of School Pupils Act	61
	Independent Health Facilities Act	62
	Interpretation Act	63
	Laboratory and Specimen Collection Centre Licensing Act	64
	Liquor Licence Act	65
	Livestock Medicines Act	66
	Long-Term Care Act, 1994	67
	Nursing Homes Act	68
	Pay Equity Act	69
	Prepaid Hospital and Medical Services Act	70
	Private Hospitals Act	71
	Public Hospitals Act	72
	Public Sector Salary Disclosure Act, 1996	73
	Retail Business Holidays Act	74
	Veterinarians Act	75
V	Commencement and Short Title	76, 77
Schedule A - Ministry of Health Appeal and Review Boards Act, 1997

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I

MINISTRY OF HEALTH APPEAL AND REVIEW BOARDS ACT, 1997

1. The Ministry of Health Appeal and Review Boards Act, 1997, as set out in Schedule A to this Act, is hereby enacted.

PART II

AMENDMENTS TO THE REGULATED HEALTH PROFESSIONS ACT, 1991

2. The definition of "Board" in subsection 1 (1) of the Regulated Health Professions Act, 1991 is repealed and the following substituted:

"Board" means the Health Professions Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission")

3. (1) Subsection 6 (1) of the Act is repealed and the following substituted:

Annual report

(1) Each College and the Advisory Council shall report annually to the Minister on its activities and financial affairs.

(2) Subsection 6 (3) of the Act is repealed and the following substituted:

Audited financial statement

(3) Each College's annual report shall include an audited financial statement.

4. Sections 18 to 23 of the Act are repealed.

5. Subsection 24 (1) of the Act is repealed.

6. Section 25 of the Act is repealed.

7. Clause 27 (1) (b) of the Act is amended by striking out "in accordance with section 28" in the second and third lines.

8. (1) Subsection 36 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule G, section 27, is further amended by adding the following clause:

(d.1) to a police officer to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result.

(2) Section 36 of the Act, as amended by the Statutes of Ontario, 1993, chapter 37, section 1 and by the Statutes of Ontario, 1996, chapter 1, Schedule G, section 27, is further amended by adding the following subsections:

Definition of "law enforcement proceeding"

(4) In clause 36 (1) (d.1),

"law enforcement proceeding" means a proceeding in a court or tribunal that could result in a penalty or sanction being imposed.

Limitation

(5) No person or member described in subsection (1) shall disclose, under clause (1) (d.1), any information with respect to a person other than a member.

No requirement

(6) Nothing in clause (1) (d.1) shall require a person described in subsection (1) to disclose information to a police officer unless the information is required to be produced under a warrant.

9. Section 38 of the Act is amended by striking out "the Board" in the third line and in the fifth and sixth lines.

10. The French version of Schedule 1 to the Act is amended by striking out "Loi de 1991 sur les inhalothérapeutes" and "Inhalothérapie" and by adding at the end of the Schedule "Loi de 1991 sur les thérapeutes respiratoires" and "thérapie respiratoire".

11. The definition of "Board" in subsection 1 (1) of Schedule 2 to the Act is repealed and the following substituted:

"Board" means the Health Professions Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission")

12. Subsection 10 (3) of Schedule 2 to the Act is amended by striking out "regulations" and substituting "by-laws".

13. Section 22 of Schedule 2 to the Act is amended by adding the following subsection:

Same

(3.1) The following provisions of the Statutory Powers Procedure Act also apply with necessary modifications to a review by the Board:

1. Section 21.1 (correction of errors).

2. Section 25.1 (rules).

14. (1) Clause 23 (1) (g) of Schedule 2 to the Act is repealed and the following substituted:

(g) information that is required to be kept in the register in accordance with the by-laws.

(2) Paragraph 4 of subsection 23 (3) of Schedule 2 to the Act is amended by striking out "regulations" and substituting "by-laws".

(3) Section 23 of Schedule 2 to the Act, as amended by the Statutes of Ontario, 1993, chapter 37, section 7, is further amended by adding the following subsection:

When information can be withheld

(3.1) The Registrar may refuse to allow a person to obtain a member's business address and business telephone number if the Registrar has reasonable grounds to believe that disclosure of the information may jeopardize the member's safety.

15. Section 24 of Schedule 2 to the Act is repealed and the following substituted:

Suspension for non-payment of fees

24. If a member fails to pay a fee that he or she is required to pay in accordance with the by-laws, the Registrar shall give the member notice of default and of intention to suspend the member and may suspend the member's certificate of registration for failure to pay the fee two months after notice is given.

16. (1) Subsection 26 (2) of Schedule 2 to the Act is amended by striking out "considering the submissions of the member" in the second and third lines and substituting "considering any submissions of the member made within the 30 day period referred to in subsection (1)".

(2) Subsection 26 (3) of Schedule 2 to the Act, as enacted by the Statutes of Ontario, 1993, chapter 37, section 8, is repealed and the following substituted:

Same

(3) In exercising its powers under paragraph 4 of subsection (2), the panel may not refer the matter to the Quality Assurance Committee if the complaint is about sexual abuse as defined in clause 1 (3) (a) or (b).

Consideration of late submissions

(4) The panel may consider submissions made after the 30 day period referred to in subsection (1).

17. (1) Subsection 30 (3) of Schedule 2 to the Act is amended by striking out "considering the written submissions of the parties" in the first and second lines and substituting "considering any written submissions of the parties made within the 30 day period referred to in subsection (2)".

(2) Section 30 of Schedule 2 to the Act is amended by adding the following subsection:

Consideration of late submissions

(4) The Board may consider submissions made after the 30 day period referred to in subsection (2).

18. Section 34 of Schedule 2 to the Act is amended by the adding following subsection:

Same

(2) The following provisions of the Statutory Powers Procedure Act also apply with necessary modifications to a review by the Board:

1. Section 4 (waiver of procedural requirement).

2. Section 4.1 (disposition of proceeding without hearing).

3. Section 5.1 (written hearings).

4. Section 5.2 (electronic hearings).

5. Section 5.3 (pre-hearing conferences).

6. Section 21 (adjournments).

7. Section 21.1 (correction of errors).

8. Section 25.1 (rules).

19. Section 42.1 of Schedule 2 to the Act, as enacted by the Statutes of Ontario, 1993, chapter 37, section 12, is amended by adding the following subsection:

Exception

(2) _A panel may, in its discretion, allow the introduction of evidence that is inadmissible under this section and may make directions it considers necessary to ensure that the College is not prejudiced.

20. Section 66 of Schedule 2 to the Act is amended by adding the following subsection:

Exception

(4) A panel may, in its discretion, allow a party to introduce evidence that is inadmissible under this section and may make directions it considers necessary to ensure that the other parties are not prejudiced.

21. Section 87 of Schedule 2 to the Act is amended by striking out "the Regulated Health Professions Act, 1991 or the regulations under those Acts" in the fourth and fifth lines and substituting "the Regulated Health Professions Act, 1991, the regulations under those Acts or the by-laws made under clause 94 (1) (l.2), (l.3), (s), (t), (v), (w) or (y)".

22. Schedule 2 to the Act is amended by adding the following section:

Forms

93.1 The College may require that forms approved by the College be used for any purpose under the Act.

23. (1) Subsection 94 (1) of Schedule 2 to the Act is amended by adding the following clauses:

(d.1) respecting the election of Council members including the requirements for members to be able to vote, electoral districts and election recounts;

(d.2) respecting the qualification and terms of office of Council members who are elected;

(d.3) prescribing conditions disqualifying elected members from sitting on the Council and governing the removal of disqualified Council members;

. . . . .

(g.1) providing that a meeting of the Council or of members or a meeting of a committee or of a panel that is held for any purpose other than for theconducting of a hearing may be held in any manner that allows all the persons participating to communicate with each other simultaneously and instantaneously;

(g.2) prescribing what constitutes a conflict of interest for members of the Council or a committee and regulating or prohibiting the carrying out of the duties of those members in cases in which there is a conflict of interest;

. . . . .

(h.1) respecting the filling of vacancies on the Council or on committees;

(h.2) providing for the composition of committees;

(h.3) respecting the qualification, selection, appointment and terms of office of members of committees required by subsection 10 (1) who are not members of the Council;

(h.4) prescribing conditions disqualifying committee members from sitting on committees required under subsection 10 (1) and governing the removal of disqualified committee members.

(2) Clause 94 (1) (i) of Schedule 2 to the Act is repealed and the following substituted:

(i) providing for the appointment, powers and duties of committees other than the committees required by subsection 10(1).

(3) Clause 94 (1) (l) of Schedule 2 to the Act is repealed and the following substituted:

(l) providing for the appointment of inspectors for the purposes of regulations made under clause 95 (1) (h);

(l.1) respecting the maintenance of the register kept by the Registrar and providing for the issuing of certificates when information contained in the register is made available to the public under subsection 23 (3);

(l.2) prescribing information as information to be kept in the register for the purposes of clause 23 (1) (g) and designating information kept in theregister as public for the purposes of paragraph 4 of subsection 23 (3);

(l.3) requiring members to give the College their home addresses and such other information as may be specified in the by-law about themselves and the places they practise the profession, the services they provide there, their participation in continuing education programs and the names, business addresses, telephone numbers and facsimile numbers of their associates, partners, employers and employees and prescribing the form and manner in which the information shall be given;

(l.4) respecting the duties and office of the Registrar.

(4) Subsection 94 (1) of Schedule 2 to the Act is amended by adding the following clauses:

(s) requiring members to pay annual fees, fees upon application for a certificate and upon registration and fees for examinations, appeals from examinations, election recounts and continuing education programs and for anything the Registrar or a committee of the College is required or authorized to do and requiring members to pay penalties for the late payment of any fee;

(t) specifying the amount of any fee or penalty required under clause (s);

(u) requiring persons to pay fees, set by the Registrar or by by-law, for anything the Registrar is required or authorized to do;

(v) requiring members to pay specified amounts to pay for the program required under section 85.7, including amounts that are different for different members or classes of members and including amounts,

(i) that are specified in the by-law,

(ii) that are calculated according to a method set out in the by-law, or

(iii) that are determined by a person specified in the by-law;

(w) requiring members to participate in an arrangement set up by the College in which members pay a person such amounts as may be determined by the person for the members or for classes of members and the person paysamounts to the College to pay for the program required under section 85.7;

(x) authorizing the Patient Relations Committee to require therapists and counsellors who are providing therapy or counselling that is funded through the program required under section 85.7 and persons who are receiving such therapy or counselling, to provide a written statement, signed in each case by the therapist or counsellor and by the person, containing details of the therapist's or counsellor's training and experience, and confirming that therapy or counselling is being provided and that the funds received are being devoted only to that purpose;

(y) requiring members to have professional liability insurance that satisfies the requirements specified in the by-laws or to belong to a specified association that provides protection against professional liability and requiring members to give proof of the insurance or membership to the Registrar in the manner set out in the by-laws;

(z) respecting the designation of life or honourary members of the College and prescribing their rights and privileges;

(z.1) exempting any member or class of member from a by-law made under this section;

(z.2) specifying or setting out anything that is required to be specified or set out under this subsection.

(5) Subsection 94 (2) of Schedule 2 to the Act is repealed and the following substituted:

Circulation of certain by-laws

(2) A by-law shall not be made under clause (1) (l.2), (l.3), (s), (t), (v), (w) or (y) unless the proposed by-law is circulated to every member at least 60 days before it comes into force.

Exception

(2.1) Despite subsection (2), the Council may, with the approval of the Minister, exempt a by-law from the requirement that it be circulated or abridge the 60 day period referred to in subsection (2) to such lesser period as the Minister may determine.

(6) Section 94 of Schedule 2 to the Act is amended by adding the following subsection:

Application

(5) Subsections (3) and (4) apply to by-laws made under this section or under a health profession Act.

24. (1) Subsection 95 (1) of Schedule 2 to the Act, as amended by the Statutes of Ontario, 1993, chapter 37, section 27, is repealed and the following substituted:

Regulations

95. (1) Subject to the approval of the Lieutenant Governor in Council and with prior review of the Minister, the Council may make regulations,

(a) prescribing classes of certificates of registration and imposing terms, conditions and limitations on the certificates of registration of a class;

(b) respecting applications for certificates of registration or classes of them and the issuing, suspension, revocation and expiration of the certificates or classes of them;

(d) prescribing certain registration requirements as non-exemptible requirements for the purposes of subsection 18 (3);

(e) defining specialties in the profession, providing for certificates relating to those specialties, the qualifications for and suspension and revocation of those certificates and governing the use of prescribed terms, titles or designations by members indicating a specialization in the profession;

(f) requiring, for purposes associated with the registration of members, the successful completion of examinations as set, from time to time, by the College, other persons or associations of persons and providing for an appeal of the results of the examinations;

(g) governing or prohibiting the delegation by or to members of controlled acts set out in subsection 27 (2) of the Regulated Health Professions Act, 1991;

(h) requiring and providing for the inspection and examination of premises used in connection with the practice of the profession and of equipment, books, accounts, reports and records of members relating to their practices;

(i) prescribing what constitutes a conflict of interest in the practice of the profession and regulating or prohibiting the practice of the profession in cases in which there is a conflict of interest;

(j) defining professional misconduct for the purposes of clause 51 (1) (c);

(k) designating acts of professional misconduct that must be reported;

(l) respecting the promotion or advertising of the practice of the profession;

(m) respecting the reporting and publication of decisions of panels;

(n) prescribing the standards of practice of the profession and prohibiting members from acting beyond the scope of practice of the profession in the course of practising the profession;

(o) requiring members to keep prescribed records in respect of their practice;

(p) regulating or designating the use of terms, titles and designations by members in respect of their practices;

(q) prescribing alternative requirements for eligibility for funding under clause 85.7 (4) (b);

(r) prescribing a quality assurance program;

(s) respecting the giving of notice of meetings and hearings that are to be open to the public.

(t) providing for the exemption of any member from the regulations made by the Council;

(u) prescribing anything that is referred to in the health profession Act or this Code as being prescribed.

Standards of practice

(1.1) A regulation under clause (1) (n) may adopt by reference, in whole or in part and with such changes as are considered necessary, any code, standard or guideline relating to standards of practice of the profession and require compliance with the code, standard or guideline as adopted.

Rolling incorporation

(1.2) If a regulation under subsection (1.1) so provides, a code, standard or guideline adopted by reference shall be a reference to it, as amended from time to time, and whether the amendment was made before or after the regulation was made.

Copies available for inspection

(1.3) A copy of a code, standard or guideline adopted by reference under subsection (1.1) shall be available for public inspection during normal business hours in the office of the College.

Circulation

(1.4) A regulation shall not be made under subsection (1) unless the proposed regulation is circulated to every member at least 60 days before it comes into force.

Same

(1.5) Subsection (1.4) does not apply to a regulation if the Minister required that the Council make the regulation under clause 5 (1) (c) of the Act.

Exception

(1.6) Despite subsection (1.4), the Council may, with the approval of the Minister, exempt a regulation from the requirement that it be circulated or abridge the 60 day period referred to in subsection (1.4) to such lesser period as the Minister may determine.

Transition, regulations

(2) Subsection (3) applies with respect to regulations made under paragraphs 1 to 7, 14, 16, 18, 20, 22, 23, 27 to 31, 31.2 to 32, 34, 35 and 38 of subsection 95 (1) of Schedule 2 to the Act that are in force immediately before subsection (1) comes into force.

Same

(3) Despite the coming into force of subsection (1) (repealing the authority under which the regulations are made), the regulations shall be deemed to continue in force until they are revoked by the authority that made them.

Same

(4) A reference to by-laws in any Act listed in Schedule 1 to the Regulated Health Professions Act, 1991 shall be deemed to include a reference to regulations which are deemed to continue in force under subsection (3).

PART III

AMENDMENTS TO HEALTH PROFESSIONS ACTS

Audiology and Speech-Language Pathology Act, 1991

25. (1) Clause 6 (1) (a) of the Audiology and Speech-Language Pathology Act, 1991 is repealed and the following substituted:

(a) at least eight and no more than nine persons who are members elected in accordance with the by-laws.

(2) Clause 6 (1) (c) of the Act is repealed and the following substituted:

(c) two persons selected, in accordance with a by-law made under section 11, from among members who are members of a faculty of audiology or speech-language pathology of a university in Ontario.

(3) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 11 of the Act is repealed and the following substituted:

By-laws

11. The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.

Chiropody Act, 1991

26. (1) Clause 7 (1) (a) of the Chiropody Act, 1991 is repealed and the following substituted:

(a) at least six and no more than nine persons who are members elected in accordance with the by-laws.

(2) Clause 7 (1) (c) of the Act is repealed and the following substituted:

(c) one or two persons selected, in accordance with a by-law made under section 13.1, from among members who are faculty members of an educational institution in Ontario that is authorized to grant diplomas or degrees in chiropody.

(3) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 13 of the Act is repealed and the following substituted:

Regulations

13. Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations designating the substances that may be administered by injection and the drugs that may be prescribed by members in the course of engaging in the practice of chiropody.

By-laws

13.1 The Council may make by-laws respecting the qualifications, number, selection and terms of office of Council members who are selected.

Chiropractic Act, 1991

27. (1) Clause 6 (1) (a) of the Chiropractic Act, 1991 is repealed and the following substituted:

(a) nine persons who are members elected in accordance with the by-laws.

(2) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Dental Hygiene Act, 1991

28. (1) Clause 7 (1) (a) of the Dental Hygiene Act, 1991 is repealed and the following substituted:

(a) at least nine and no more than twelve persons who are members elected in accordance with the by-laws.

(2) Clause 7 (1) (c) of the Act is repealed and the following substituted:

(c) two persons selected, in accordance with a by-law made under section 12.1, from among members who are faculty members of an educational institution in Ontario that is authorized to grant diplomas or degrees in dental hygiene.

(3) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 12 of the Act is repealed and the following substituted:

Regulations

12. Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations restricting the drugs that a member may use in the course of engaging in the practice of dental hygiene.

By-laws

12.1 The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.

Dental Technology Act, 1991

29. (1) Clause 5 (1) (a) of the Dental Technology Act, 1991 is repealed and the following substituted:

(a) seven persons who are members elected in accordance with the by-laws.

(2) Subsection 5 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Dentistry Act, 1991

30. (1) Clause 6 (1) (a) of the Dentistry Act, 1991 is repealed and the following substituted:

(a) at least 10 and no more than 12 persons who are members elected in accordance with the by-laws.

(2) Clause 6 (1) (c) of the Act is repealed and the following substituted:

(c) two persons selected, in accordance with a by-law made under section 12.1, from among members who are members of a faculty of dentistry of a university in Ontario.

(3) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 12 of the Act is repealed and the following substituted:

Regulations

12. Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations regulating the dispensing of drugs by members, requiring members to keep prescribed records and to provide to the Minister reports containing prescribed information respecting the dispensing of drugs.

By-laws

12.1 The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.

Denturism Act, 1991

31. (1) Clause 6 (1) (a) of the Denturism Act, 1991 is repealed and the following substituted:

(a) at least seven and no more than eight persons who are members elected in accordance with the by-laws.

(2) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Dietetics Act, 1991

32. (1) Clause 5 (1) (a) of the Dietetics Act, 1991 is repealed and the following substituted:

(a) at least six and no more than nine persons who are members elected in accordance with the by-laws.

(2) Subsection 5 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Massage Therapy Act, 1991

33. (1) Clause 5 (1) (a) of the Massage Therapy Act, 1991 is repealed and the following substituted:

(a) at least six and no more than seven persons who are members elected in accordance with the by-laws.

(2) Subsection 5 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Medical Laboratory Technology Act, 1991

34. (1) Clause 7 (1) (a) of the Medical Laboratory Technology Act, 1991 is repealed and the following substituted:

(a) at least seven and no more than 11 persons who are members elected in accordance with the by-laws.

(2) Clause 7 (1) (c) of the Act is repealed and the following substituted:

(c) one person selected, in accordance with a by-law made under section 12, from among members who are full time faculty members of an educational institution in Ontario that is authorized to grant diplomas in medical laboratory technology.

(3) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 12 of the Act is repealed and the following substituted:

By-laws

12. The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.

Medical Radiation Technology Act, 1991

35. (1) Clause 7 (1) (a) of the Medical Radiation Technology Act, 1991 is repealed and the following substituted:

(a) at least six and no more than nine persons who are members elected in accordance with the by-laws.

(2) Clause 7 (1) (c) of the Act is repealed and the following substituted:

(c) one or two persons selected, in accordance with a by-law made under section 12.1, from among members who are faculty members of an educational institution in Ontario that is authorized to grant diplomas or degrees in radiation technology.

(3) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Subsection 12 (1) of the Act is repealed.

(5) The Act is amended by adding the following section:

By-laws

12.1 The Council may make by-laws respecting the qualifications, number, selection and terms of office of Council members who are selected.

Medicine Act, 1991

36. (1) Clause 6 (1) (a) of the Medicine Act, 1991 is repealed and the following substituted:

(a) at least 15 and no more than 16 persons who are members elected in accordance with the by-laws.

(2) Clause 6 (1) (c) of the Act is repealed and the following substituted:

(c) three persons selected, in accordance with a by-law made under section 12.1, from among members who are members of a faculty of medicine of a university in Ontario.

(3) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 12 of the Act is repealed and the following substituted:

Regulations

12. Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations regulating the compounding, dispensing and sale of drugs by members, requiring members to keep prescribed records and to provide to the Minister reports containing prescribed information respecting the compounding, dispensing and sale of drugs.

By-laws

12.1 The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.

Midwifery Act, 1991

37. (1) Clause 6 (1) (a) of the Midwifery Act, 1991 is repealed and the following substituted:

(a) at least seven and no more than eight persons who are members elected in accordance with the by-laws.

(2) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Nursing Act, 1991

38. (1) Clause 9 (1) (a) of the Nursing Act, 1991 is

amended by striking out "in the prescribed manner" in the second line and substituting "in accordance with the by-laws".

(2) Subsection 9 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(3) The French version of subsection 11 (1) of the Act is amended by striking out "d'"infirmière auxiliaire" ou d'"infirmier auxiliaire"" in the fourth and fifth lines and substituting "d'"infirmière auxiliaire autorisée" ou d'"infirmier auxiliaire autorisé"".

Occupational Therapy Act, 1991

39. (1) Clause 5 (1) (a) of the Occupational Therapy Act, 1991 is repealed and the following substituted:

(a) at least six and no more than nine persons who are members elected in accordance with the by-laws.

(2) Clause 5 (1) (c) of the Act is repealed and the following substituted:

(c) one or two persons selected, in accordance with a by-law made under section 10, from among members who are members of a faculty of occupational therapy of a university in Ontario.

(3) Subsection 5 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 10 of the Act is repealed and the following substituted:

By-laws

10. The Council may make by-laws respecting the qualifications, number, selection and terms of office of Council members who are selected.

Opticianry Act, 1991

40. (1) Clause 7 (1) (a) of the Opticianry Act, 1991 is repealed and the following substituted:

(a) at least seven and no more than 10 persons who are members elected in accordance with the by-laws.

(2) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

Optometry Act, 1991

41. (1) Clause 6 (1) (a) of the Optometry Act, 1991 is repealed and the following substituted:

(a) at least eight and no more than nine persons who are members elected in accordance with the by-laws.

(2) Clause 6 (1) (c) of the Act is repealed and the following substituted:

(c) one person selected, in accordance with a by-law made under section 12.1, from among members who are members of a faculty of optometry of a university in Ontario.

(3) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 12 of the Act is repealed and the following substituted:

Regulations

By-laws

12.1 The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.

Pharmacy Act, 1991

42. (1) Clause 7 (1) (a) of the Pharmacy Act, 1991 is repealed and the following substituted:

(a) at least nine and no more than 17 persons who are members elected in accordance with the by-laws.

(2) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(3) Subsection 9 (3) of the Act is repealed and the following substituted:

Composition

(3) The composition of the Accreditation Committee shall be in accordance with the by-laws.

(4) Section 13 of the Act is repealed.

Physiotherapy Act, 1991

43. (1) Clause 6 (1) (a) of the Physiotherapy Act, 1991 is repealed and the following substituted:

(a) at least seven and no more than eight persons who are members elected in accordance with the by-laws.

(2) Clause 6 (1) (c) of the Act is repealed and the following substituted:

(c) one or two persons selected, in accordance with a by-law made under section 11, from among members who are members of a faculty of physiotherapy or physical therapy of a university in Ontario.

(3) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 11 of the Act is repealed and the following substituted:

By-laws

11. The Council may make by-laws respecting the qualifications, number, selection and terms of office of Council members who are selected.

Psychology Act, 1991

44. (1) Clause 6 (1) (a) of the Psychology Act, 1991 is repealed and the following substituted:

(a) at least seven and no more than eight persons who are members elected in accordance with the by-laws.

(2) Clause 6 (1) (c) of the Act is repealed and the following substituted:

(c) two or three persons selected, in accordance with a by-law made under section 11, from among members who are members of a faculty of a department of psychology of a university in Ontario that is specified in the by-laws.

(3) Subsection 6 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

(4) Section 11 of the Act is repealed and the following substituted:

By-laws

11. The Council may make by-laws,

(a) respecting the qualifications, number, selection and terms of office of Council members who are selected; and

(b) specifying Ontario universities for the purposes of clause 6 (1) (c).

Respiratory Therapy Act, 1991

45. (1) The French version of the title of the Respiratory Therapy Act, 1991 is repealed and the following substituted:

Loi de 1991 sur les thérapeutes respiratoires

(2) The French version of the Act is amended by striking out "inhalothérapeute" and "inhalothérapie" wherever they occur and substituting "thérapeute respiratoire" and "thérapie respiratoire", as the case may be.

(3) Clause 7 (1) (a) of the Act is repealed and the following substituted:

(a) at least seven and no more than 10 persons who are members elected in accordance with the by-laws.

(4) Subsection 7 (2) of the Act is amended by striking out "regulations" in the first line and substituting "by-laws".

PART IV

AMENDMENTS TO OTHER ACTS

Ambulance Act

46. (1) The definition of "Board" in section 1 of the Ambulance Act is repealed and the following substituted:

"Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission")

(2) Section 10 of the Act is repealed.

(3) Subsection 15 (7) of the Act is repealed.

(4) Section 16 of the Act is repealed and the following substituted:

Appeal to court

16. (1) Any party to the proceedings before the Board may appeal from its decision 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 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.

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 Director to take any action which the 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 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.

Charitable Institutions Act

47. (1) The definition of "Appeal Board" in section 1 of the Charitable Institutions Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 1, is repealed and the following substituted:

"Appeal Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission d'appel")

(2) Subsections 9.11 (7) and (8) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 6, are repealed.

(3) Subsection 9.11 (13) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 6, is repealed and the following substituted:

Health Insurance Act

(13) Subsections 23_(1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Act.

(4) Section 9.12 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 6, is repealed.

Coroners Act

48. Clause 3 (2) (b) of the Coroners Act is repealed and the following substituted:

(b) upon ceasing to be a legally qualified medical practitioner.

Courts of Justice Act

49. Subsection 105 (1) of the Courts of Justice Act is amended by striking out "a psychologist registered under the Psychologists Registration Act" in the fourth and fifth lines and substituting "a member of the College of Psychologists of Ontario".

Drug and Pharmacies Regulation Act

50. (1) The definition of "Board" in subsection 1 (1) of the Drug and Pharmacies Regulation Act, as re-enacted by the Statutes of Ontario, 1991, chapter 18, section 47, is repealed.

(2) The definition of "member" in subsection 117 (1) of the Act is repealed.

(3) The definition of "pharmacist" in subsection 117 (1) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 18, section 47, is repealed and the following substituted:

"pharmacist" means a person registered as a pharmacist under the Pharmacy Act, 1991. ("pharmacien")

(4) Section 123 of the Act, as amended by the Statutes of Ontario, 1991, chapter 18, section 47, is repealed.

Transition

(5) Despite the coming into force of subsection (4), a regulation made under clause 123 (1) (j) of the Act respecting information to be furnished with respect to pharmacies, shall be deemed to continue in force until it is revoked by the authority that made it.

(6) Section 124 of the Act, as amended by the Statutes of Ontario, 1991, chapter 18, section 47, is repealed.

(7) Subsection 140 (2) of the Act, as re-enacted by the Statutes of Ontario, 1991, chapter 18, section 47, is repealed and the following substituted:

Procedure

(2) The provisions of the Health Professions Procedural Code dealing with allegations of a member's professional misconduct or incompetence referred to the Discipline Committee, interim orders where such allegations are referred to the Committee and hearings, reviews and appeals from decisions of panels of the Discipline Committee apply, with necessary modifications and subject to subsection (3), to allegations referred to the Discipline Committee under subsection (1).

(8) Subsection 140 (4) of the Act is amended by striking out "the prescribed fee" in the second and third lines and substituting "the fee required under the by-laws".

(9) Section 141 of the Act is amended by striking out "as the regulations prescribe" at the end and substituting "as may be required by the by-laws".

(10) The Act is amended by inserting the following heading after section 160:

By-laws and Regulations

(11) The Act is amended by adding the following section:

By-laws

160.1 (1) The Council may make by-laws relating to the administrative and internal affairs of the College and, without limiting the generality of the foregoing, the Council may make by-laws,

(a) requiring pharmacists or operators of pharmacies to give the College such information respecting pharmacies as may be set out in the by-laws, including the location of pharmacies, the name and address of pharmacies, the residential address of pharmacists and the name and address of owners and managers of pharmacies and, if the pharmacy is owned by a corporation, of the directors of the corporation, and any changes thereto;

(b) providing for the information, instruments or documents to be filed with the Registrar by persons opening, acquiring, relocating or closing a pharmacy, the form thereof and the time of filing;

(c) prescribing a fee for applying for a certificate of accreditation and for the issuance and renewal of such certificates and requiring pharmacists and operators of pharmacies to pay the fee;

(d) providing for the appointment of inspectors for the purposes of this Part.

Copies of by-laws

(2) A copy of the by-laws made by the Council shall be given to the Minister and to each member and operator of a pharmacy and shall be available for public inspection during normal business hours in the office of the College.

Unanimous by-laws, etc.

(3) A by-law or resolution signed by all the members of the Council is as valid and effective as if passed at a meeting of the Council called, constituted and held for the purpose.

(12) Subsection 161 (1) of the Act is amended by adding the following clauses:

(k.1) prescribing books and records to be kept and returns to be made with respect to pharmacies and providing for the examination and audit of such books and records;

(k.2) respecting the promotion or advertising of pharmacies and respecting advertising by operators of pharmacies.

(13) Clause 161 (1) (n) of the Act is repealed and the following substituted:

(n) providing for applications for certificates of accreditation of pharmacies, and the issuance, suspension, revocation, expiration and renewal of such certificates.

(14) Clauses 161 (1) (o) and (p) of the Act are repealed.

Transition

(15) Subsection (16) applies with respect to regulations respecting fees made under clause 161 (1) (n) and regulations made under clause 161 (1) (o) or (p) and under subsection 161 (2) of the Act that are in force immediately before subsections (13) and (14) come into force.

Same

(16) Despite the coming into force of subsections (13) and (14) (repealing the authority under which the regulations are made), the regulations shall be deemed to continue in force until they are revoked by the authority that made them.

Same

(17) A reference to by-laws in the Act shall be deemed to include a reference to regulations which are deemed to continue in force under subsection (16).

(18) Subsection 161 (1) of the Act is amended by adding the following clauses:

(s) regulating the use of containers in which drugs may be dispensed;

(t) designating organizations to test, certify and designate containers that meet standards approved by the Council for such purposes as may be specified in the regulations, and requiring the use of containers that are so certified and designated except under such circumstances as are prescribed.

(19) Subsection 161 (2) of the Act is repealed and the following substituted:

Incorporation by reference

(2) A regulation under subsection 161 (1) may adopt by reference, in whole or in part and with such changes as may be necessary, any document or publication and require compliance with the document or publication adopted.

Rolling incorporation

(3) If a regulation under subsection (2) so provides, a document or publication adopted by reference shall be a reference to it, as amended from time to time, and whether the amendment was made before or after the regulation was made.

Copies available for inspection

(4) A copy of a document or publication adopted by reference under subsection (2) shall be available for public inspection during normal business hours in the office of the College.

(20) Section 163 of the Act is amended by striking out "Part or the regulations" in the second line and substituting "Act, the Regulated Health Professions Act, 1991 or the Pharmacy Act, 1991 or of the regulations under this Act, the Regulated Health Professions Act, 1991 or the Pharmacy Act, 1991".

(21) Section 167 of the Act is amended by striking out "Part" in the first line and substituting "Act, the Regulated Health Professions Act, 1991 or the Pharmacy Act, 1991".

Education Act

51. Subparagraph ii of paragraph 6 of subsection 171 (1) of the Education Act is amended by striking out "hold a certificate of registration under the Psychologists Registration Act" at the end and substituting "are members of the College of Psychologists of Ontario".

Evidence Act

52. Clauses (a), (c), (d), (e) and (f) of the definition of "practitioner" in subsection 52 (1) of the Evidence Act are repealed and the following substituted:

(a) a member of a College as defined in subsection 1 (1) of the Regulated Health Professions Act, 1991,

. . . . .

(c) a person licensed or registered to practise in another part of Canada under an Act that is similar to an Act referred to in clause (a) or (b).

Healing Arts Radiation Protection Act

53. (1) The definition of "Appeal Board" in subsection 1 (1) of the Healing Arts Radiation Protection Act is repealed and the following substituted:

"Appeal Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission d'appel")

(2) Paragraphs 3, 4 and 5 of subsection 5 (2) of the Act are repealed and the following substituted:

3. A member of the College of Chiropodists of Ontario who has been continuously registered as a chiropodist under the Chiropody Act and the Chiropody Act, 1991 since before November 1, 1980 or who is a graduate of a four-year course of instruction in chiropody.

4. A member of the College of Chiropractors of Ontario.

(3) Paragraphs 7 and 8 of subsection 5 (2) of the Act are repealed and the following substituted:

7. A member of the College of Medical Radiation Technologists of Ontario.

8. A member of the College of Dental Hygienists of Ontario.

(4) Clauses 6 (c), (d) and (e) of the Act are repealed and the following substituted:

(c) a member of the College of Chiropodists of Ontario who has been continuously registered as a chiropodist under the Chiropody Act and the Chiropody Act, 1991 since before November 1, 1980 or who is a graduate of a four-year course of instruction in chiropody;

(d) a member of the College of Chiropractors of Ontario; or

. . . . .

(5) Clauses 9 (1) (c), (d) and (e) of the Act are repealed and the following substituted:

(d) a member of the College of Chiropractors of Ontario; or

. . . . .

(6) Subsection 9 (2) of the Act is amended by striking out "(e) or (f)" in the fifth line and substituting "or (f)".

(7) Subsection 11 (7) of the Act is repealed.

(8) Subsections 23 (2) and (3) of the Act are repealed and the following substituted:

Designations by Minister

(2) The Minister may designate,

(a) a hospital or facility or a class of hospitals or facilities within which it is permitted to install or operate computerized axial tomography scanners; and

(b) the number of computerized axial tomography scanners that may be installed or operated in such hospitals or facilities.

C.A.T scanners

(3) No person shall install or operate or cause or permit the installation or operation of a computerized axial tomography scanner unless it is installed and operated in a hospital or facility that is designated under subsection (2) or in a hospital or facility that is part of a class of hospitals or facilities that is designated under subsection (2).

Same

(3.1) No person shall install or operate or cause or permit the installation or operation of more computerized axial tomography scanners in a hospital or facility than the number designated under subsection (2).

Health Care Accessibility Act

54. (1) The definition of "Board" in section 1 of the Health Care Accessibility Act is repealed and the following substituted:

"Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission")

(2) The definitions of "dentist" and "optometrist" in section 1 of the Act are repealed and the following substituted:

"dentist" means a member of the Royal College of Dental Surgeons of Ontario; ("dentiste")

"optometrist" means a member of the College of Optometrists of Ontario. ("optométriste")

(3) Section 6 of the Act is repealed.

Health Facilities Special Orders Act

55. (1) The definition of "Board" in section 1 of the Health Facilities Special Orders Act is repealed and the following substituted:

"Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission")

(2) Subsection 11 (7) of the Act is repealed.

(3) Subsection 13 (1) of the Act is amended by inserting "under this Act" after "proceedings before the Board" in the first and second lines.

Health Insurance Act

56. (1) The definition of "Appeal Board" in section 1 of the Health Insurance Act is repealed and the following substituted:

"Appeal Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission d'appel")

(2) Paragraph 1 of subsection 6 (1) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 32, section 2, is amended by striking out "Board of Regents appointed under the Chiropody Act" in the last three lines and substituting "College of Chiropodists of Ontario".

(3) Paragraph 2 of subsection 6 (1) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 32, section 2, is amended by striking out "Board of Directors of Chiropractic appointed under the Drugless Practitioners Act" in the last three lines and substituting "College of Chiropractors of Ontario".

(4) Section 8 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 7, is repealed.

(5) Subsection 23 (5) of the Act is repealed.

(6) Subsection 24 (1) of the Act is amended by inserting after "Appeal Board" in the second line "under this Act".

(7) Clause 38 (2) (a) of the Act is amended by striking out "the Health Disciplines Act" in the second line and substituting "the Regulated Health Professions Act, 1991, a health profession Act as defined in subsection 1 (1) of that Act".

(8) Section 39 of the Act is repealed and the following substituted:

Protection from liability

39. Members of the Medical Review Committee, practitioner review committees, the Medical Eligibility Committee, employees of such committees, the General Manager and persons engaged in the administration of this Act are not liable for anything done or made in good faith by them in the performance of their duties under this Act and the regulations.

Health Protection and Promotion Act

57. (1) The definition of "Board" in subsection 1 (1) of the Health Protection and Promotion Act is repealed and the following substituted:

"Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission")

(2) Section 25 of the Act is amended by striking out "a person registered under Part II, IV, V or VI of the Health Disciplines Act to practise a health discipline or a person registered as a drugless practitioner under the Drugless Practitioners Act" in the first second, third, fourth and fifth lines and substituting "a practitioner as defined in subsection (2)".

(3) Section 25 of the Act is amended by adding the following subsection:

Same

(2) In subsection (1),

"practitioner" means,

(a) a member of the College of Chiropractors of Ontario,

(b) a member of the Royal College of Dental Surgeons of Ontario,

(d) a member of the Ontario College of Pharmacists,

(e) a member of the College of Optometrists of Ontario, or

(f) a person registered as a drugless practitioner under the Drugless Practitioners Act.

(4) Subsection 38 (3) of the Act is amended by striking out "or person registered under Part IV (nursing) or VI (pharmacy) of the Health Disciplines Act" in the first three lines and substituting "a member of the College of Nurses of Ontario or a member of the Ontario College of Pharmacists".

(5) Clause 39 (2) (d) of the Act is amended by striking out "the Health Disciplines Act" in the second and third lines and substituting "the Regulated Health Professions Act, 1991, a health profession Act as defined in subsection 1 (1) of that Act"

(6) Subsection 40 (2) of the Act is amended by striking out "a pharmacist licensed under Part VI of the Health Disciplines Act" in the first three lines and substituting "a member of the Ontario College of Pharmacists".

(7) Subsection 45 (5) of the Act is repealed.

(8) Subsection 46 (1) of the Act is amended by inserting "under this Act" after "proceedings before the Board" in the first and second lines.

(9) Section 47 of the Act is repealed.

(10) Subsection 71 (3) of the Act is amended by striking out "a registered nurse within the meaning of Part IV of the Health Disciplines Act" in the third and fourth lines and substituting "a member of the College of Nurses of Ontario who is a registered nurse".

Highway Traffic Act

58. Subsection 204 (1) of the Highway Traffic Act is amended by striking out "optometrist licensed under Part V of the Health Disciplines Act" in the first two lines and substituting "member of the College of Optometrists of Ontario".

Homes for the Aged and Rest Homes Act

59. (1) The definition of "Appeal Board" in section 1 of the Homes for the Aged and Rest Homes Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 13, is repealed and the following substituted:

"Appeal Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission d'appel")

(2) Subsections 19.2 (7) and (8) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 15, are repealed.

(3) Subsection 19.2 (13) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 15, is repealed and the following substituted:

Health Insurance Act

(13) Subsections 23_(1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Act.

(4) Section 19.3 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 15, is repealed.

Human Tissue Gift Act

60. The definition of "physician" in section 1 of the Human Tissue Gift Act is repealed and the following substituted:

"physician" means a member of the College of Physicians and Surgeons of Ontario. ("médecin")

Immunization of School Pupils Act

61. (1) The definition of "Board" in section 1 of the Immunization of School Pupils Act is repealed and the following substituted:

"Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission")

(2) Subsection 15 (11) of the Act is repealed.

Independent Health Facilities Act

62. (1) The definition of "Board" in subsection 1 (1) of the Independent Health Facilities Act is repealed and the following substituted:

"Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission")

(2) Subsection 21 (7) of the Act is repealed.

(3) Subsection 36 (1) of the Act is repealed and the following substituted:

Definition

36. (1) In this section,

"Plan" means the Ontario Health Insurance Plan referred to in section 10 of the Health Insurance Act.

(4) Subsection 38 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 35, is repealed and the following substituted:

Immunity

(1) Despite sections 5 and 23 of the Proceedings Against the Crown Act, no action or other proceeding for damages or otherwise shall be commenced against the Crown, the Minister, the Director, an inspector or assessor appointed under this Act or an officer, employee or agent of the Crown, the Registrar, the College, the Council of the College or a committee established by the Council or a member of the Council or the committee for any act done or performed in good faith in the performance or intended performance of any duty or function or in the exercise or intended exercise of any power or authority under this Act or the regulations, or for any neglect, default or omission in the performance or exercise in good faith of any duty, function, power or authority under this Act or the regulations.

Interpretation Act

63. The definition of "legally qualified medical practitioner" and "duly qualified medical practitioner" in subsection 29 (1) of the Interpretation Act is amended by striking out "a person licensed under Part III of the Health Disciplines Act" in the fifth, sixth and seventh lines and substituting "a member of the College of Physicians and Surgeons of Ontario".

Laboratory and Specimen Collection Centre Licensing Act

64. (1) The French version of the Laboratory and Specimen Collection Centre Licensing Act is amended by striking out "Commission d'étude" wherever it occurs and substituting "Commission de révision" in each case.

(2) The definition of "Review Board" in section 5 of the Act is repealed and the following substituted:

"Review Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission de révision")

(3) Section 7 of the Act is repealed.

(4) Section 8 of the Act is repealed and the following substituted:

Protection from personal liability

8. No action or other proceeding for damages shall be instituted against 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.

(5) Subsection 12 (7) of the Act is repealed.

(6) Subsection 13 (1) of the Act is amended by inserting "under this Act" after "proceedings before the Review Board" in the first and second lines.

Liquor Licence Act

65. (1) Clause 40 (1) (a) of the Liquor Licence Act is repealed and the following substituted:

(a) the sale of a drug dispensed as a medicine by a person allowed to do so under the Regulated Health Professions Act, 1991.

(2) Clause 40 (1) (b) of the Act is amended by striking out "Part VI of the Health Disciplines Act" in the sixth and seventh lines and substituting "subsection 117 (1) of the Drug and Pharmacies Regulation Act".

(3) Clause 40 (1) (d) of the Act is repealed and the following substituted:

(d) the sale of a drug to a person allowed, under the Regulated Health Professions Act, 1991, to dispense or prescribe drugs.

Livestock Medicines Act

66. (1) The definition of "drug" in section 1 of the Livestock Medicines Act is amended by striking out "Health Disciplines Act" and substituting "Drug and Pharmacies Regulation Act".

(2) Subsection 4 (1) of the Act is amended by striking out "Part VI of the Health Disciplines Act" in the first two lines and substituting "the Drug and Pharmacies Regulation Act".

Long-Term Care Act, 1994

67. (1) The definition of "Appeal Board" in subsection 2 (1) of the Long-Term Care Act, 1994 is repealed and the following substituted:

"Appeal Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission d'appel")

(2) Sections 44 and 45 of the Act are repealed.

(3) Section 47 of the Act is repealed and the following substituted:

Health Insurance Act applies

47. Subsections 23_(1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Act.

(4) Subsection 48 (2) of the Act is repealed.

(5) Section 49 of the Act is repealed.

Nursing Homes Act

68. (1) The definition of "Board" in subsection 1 (1) of the Nursing Homes Act is repealed.

(2) The definition of "Appeal Board" in subsection 1 (1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 28, is repealed and the following substituted:

"Appeal Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission d'appel")

(3) Section 14 of the Act is repealed and the following substituted:

Protection from personal liability

14. No action or other proceeding for damages shall be instituted against 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.

(4) Subsection 16 (7) of the Act is repealed.

(5) Subsections 20.6 (7) and (8) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 33, are repealed.

(6) Subsection 20.6 (13) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 33, is repealed and the following substituted:

Health Insurance Act

(13) Subsections 23_(1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Act.

(7) Section 20.7 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 33, is repealed.

(8) Subsection 20.8 (1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 33, is repealed and the following substituted:

Appeal to Divisional Court

(1) A party to a review of the determination of ineligibility by the Appeal Board may appeal its decision to the Divisional Court on a question of law or fact or both, in accordance with the rules of court.

(9) Subsection 20.8 (2) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 33, is repealed and the following substituted:

Record

(2) If a party appeals a decision of the Appeal Board to the Divisional Court under this section, the Appeal Board shall promptly file with the Divisional Court the record of the proceeding before the Appeal Board and the transcript of the evidence taken before the Appeal Board, which together constitute the record in the appeal.

(10) Subsection 25 (5) of the Act is amended by striking out "a person registered under the Health Disciplines Act to practice a health discipline" in the fourth, fifth and sixth lines and substituting "any other person who is a member of a College as defined in subsection 1 (1) of the Regulated Health Professions Act, 1991".

(11) The following provisions of the Act are amended by striking out "Board" wherever it occurs and substituting in each case "Appeal Board":

1. Subsections 15 (2), (4) to (8).

2. Subsections 16 (1), (2), (3), (4), (5), (6), (8).

3. Subsections 17 (1), (2), (4).

4. Subsection 37 (2).

Pay Equity Act

69. Clause 1 (d) of the Schedule to the Pay Equity Act is amended by striking out "every hospital listed in the Schedule to the Classification of Hospitals Regulation made under the Public Hospitals Act" in the first, second and third lines and substituting "every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health under the Public Hospitals Act".

Prepaid Hospital and Medical Services Act

70. The definitions of "pharmacist" and "prescription drug" in section 1 of the Prepaid Hospital and Medical Services Act are repealed and the following substituted:

"pharmacist" means a member of the Ontario College of Pharmacists; ("pharmacien")

"prescription drug" means a drug as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act dispensed upon the prescription of a legally qualified medical practitioner or dentist to a named person, and includes such drug mixed with any other drug or substance. ("médicament délivré sur ordonnance")

Private Hospitals Act

71. (1) Section 1 of the Private Hospitals Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 16, is further amended by adding the following definition:

"Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission")

(2) Subsection 13 (2) of the Act is amended by striking out "Health Facilities Appeal Board under the Ambulance Act" in the third and fourth lines and substituting "Board".

(3) Subsection 14 (7) of the Act is repealed.

(4) The following provisions of the Act are amended by striking out "Health Facilities Appeal Board" wherever it occurs and substituting in each case "Board":

1. Subsection 13 (3).

2. Subsection 13 (4).

3. Subsection 13 (5).

4. Subsection 14 (1).

5. Subsection 14 (4).

6. Subsection 15 (1).

(5) Section 20 of the Act is amended by striking out "registered under Part III of the Health Disciplines Act" at the end and substituting "a member of the College of Physicians and Surgeons of Ontario".

Public Hospitals Act

72. (1) The definition of "Appeal Board" in section 1 of the Public Hospitals Act is repealed and the following substituted:

"Appeal Board" means the Health Professions Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission d'appel")

(2) Subsection 13 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 11, is amended by striking out "or the Appeal Board" in the fourth and fifth lines.

(3) Section 24 of the Act is amended by striking out "registered under Part III of the Health Disciplines Act" at the end and substituting "a member of the College of Physicians and Surgeons of Ontario".

(4) The Act is amended by adding the following section:

Classification of hospitals

32.1 (1) The Minister may assign hospitals to the different hospital classifications and hospital grades established by regulation under clause 32 (1) (b).

List

(2) The Minister shall maintain a list of hospitals and their classifications and grades.

Same

(3) The list referred to in subsection (2) shall be available for public inspection from the Ministry of Health.

(5) Section 40 of the Act is repealed.

Public Sector Salary Disclosure Act, 1996

73. Clause (f) of the definition of "public sector" in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996 is amended by striking out "every hospital listed in the Schedule to the Classification of Hospitals Regulation made under the Public Hospitals Act" in the first, second, third and fourth lines and substituting "every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health under the Public Hospitals Act".

Retail Business Holidays Act

74. Subsection 3 (2) of the Retail Business Holidays Act is amended by striking out "Part VI of the Health Disciplines Act"in the third and fourth lines and substituting "the Drug and Pharmacies Regulation Act".

Veterinarians Act

75. (1) Subject to subsection (4), the French version of the Veterinarians Act is amended by striking out "Conseil" wherever it appears and substituting "Commission".

(2) The definition of "Board" in subsection 1 (1) of the Act is repealed and the following substituted:

"Board" means the Health Professions Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1997. ("Commission")

(3) The definition of "drug" in subsection 1 (1) of the Act is repealed and the following substituted:

"drug" means drug as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act. ("médicament")

(4) The French version of subsection 10 (2) of the Act is amended by striking out "Conseil" in the first line and substituting "conseil".

(5) Subsection 11 (6) of the Act is amended by striking out "Part VI of the Health Disciplines Act" in the first line and substituting "the Drug and Pharmacies Regulation Act".

(6) Subsection 18 (1) of the Act is amended by striking out "and shall send a copy of the proposal and the written reasons to the Board" at the end.

(7) Subsections 18 (3) to (9) of the Act are repealed and the following substituted:

Appeal to Board

(3)_An applicant who has been given a notice under subsection (1) may require the Board to hold a review of the application and the documentary evidence in support of it, or a hearing of the application, by giving the Board and the Registration Committee or the Accreditation Committee, as the case may be, notice in accordance with_subsection (4).

Requirements of notice

(4) A notice under subsection (3) shall be a written notice, given within 30 days after the notice under subsection (1) was given, specifying whether a review or a hearing is required.

Proposal, etc., to Board

(5) If the Registration Committee or the Accreditation Committee receives a notice that an applicant requires a hearing or review, it shall, within 15 days after receiving the notice, give the Board a copy of the proposal made with respect to the application, the reasons for it and the documents and things upon which the proposal was based.

Extension of time limits

(6) If the Board is satisfied that no person will be unduly prejudiced, it may, on reasonable grounds, extend the time limit for requiring a review or hearing by the Board.

When proposal may be carried out

(7) A proposal described in clause (1) (a) or (b) may be carried out only when,

(a) the applicant has given the Registrar notice that the applicant will not be requiring a review or hearing;

(b) 35 days have passed since the notice of the proposal was given under subsection_(1) without the applicant requiring a review or hearing; or

(8) Subsections 18 (12) and (14) to (19) of the Act are repealed.

(9) The Act is amended by adding the following sections:

Hearings public

18.1 (1)_A hearing by the Board under section 18 shall, subject to subsection (2), be open to the public.

Exclusion of public

(2) The Board may make an order that the public be excluded from a hearing or any part of it if the Board is satisfied that,

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public;

(d) the safety of a person may be jeopardized.

Orders preventing public disclosure

(3)_In situations in which the Board may make an order that the public be excluded from a hearing, it may make orders it considers necessary to prevent the public disclosure of matters disclosed at the hearing, including orders prohibiting the publication or broadcasting of those matters.

Public information may be disclosed

(4) No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register and available to the public.

Exclusion of public

(5)_The Board may make an order that the public be excluded from the part of a hearing dealing with a motion for an order under subsection (2).

Orders with respect to matters in submissions

(6) The Board may make any order necessary to prevent the public disclosure of matters disclosed in the submissions relating to any motion described in subsection (5), including prohibiting the publication or broadcasting of those matters.

Reasons for order, etc.

(7) The Board shall ensure that any order it makes under this section and its reasons are available to the public in writing.

Reconsidering of order

(8) The Board may reconsider an order made under subsection (2) or (3) at the request of any person or on its own motion.

Exception to closed hearings

18.2 If a Board makes an order under subsection_18.1_(2) wholly or partly because of the desirability of avoiding disclosure of matters in the interest of a person affected, the Board may allow the person and his or her personal representative to attend the hearing.

Procedure for hearings, reviews

18.3 (1) This section applies with respect to the procedure for hearings and reviews by the Board under section 18.

Findings of fact

(2)_The findings of fact,

(a) in 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;

(b) in a review shall be based exclusively on the application and documentary evidence admissible ormatters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.

Disclosure of evidence against member

(3)_Evidence against a member is not admissible at a hearing or review unless the member is given, at least 10 days before the hearing or review,

(a) in the case of written or documentary evidence, an opportunity to examine the evidence;

(b) in the case of evidence of an expert, the identity of the expert and a copy of the expert's written report or, if there is no written report, a written summary of the evidence; or

Exception

(4)_The Board may, in its discretion, allow the introduction of evidence that is inadmissible under subsection (3) and may make directions it considers necessary to ensure that the member is not prejudiced.

Disclosure of evidence of expert

(5) Evidence of an expert led by a person other than the College is not admissible unless the person gives the College, at least 10 days before the hearing or review, the identity of the expert and a copy of the expert's written report or, if there is no written report, a written summary of the evidence.

Exception

(6)_The Board may, in its discretion, allow the introduction of evidence that is inadmissible under subsection (5) and may make directions it considers necessary to ensure that the College is not prejudiced.

Release of documents and things

(7) The Board shall release documents and things put into evidence or received by the Board at a hearing or review to the person who produced them, on request, within a reasonable time after the matter in issue has been finally determined.

Members of Board who participate

(8) Only the members of the Board who were present throughout a hearing or review shall participate in the Board's decision.

When member not to participate

(9) No member of the Board who has taken part in the investigation of what is to be the subject matter of the Board's hearing or review shall participate in the hearing or review.

No communication by Board members

(10) No member of the Board participating in a hearing or review shall communicate outside the hearing or review, in relation to the subject matter of the hearing or review, with a party or the party's representative unless the other party has been given notice of the subject matter of the communication and an opportunity to be present during the communication.

Transcript of hearings

(11) The Board shall ensure that, for a hearing,

(a) the oral evidence given at the hearing is recorded;

(b) copies of the transcript of the hearing are available to a party on the party's request at the party's expense; and

(c) copies of the transcript of any part of the hearing that is not the subject of an order prohibiting publication are available to any person at that person's expense.

Application of SPPA provisions to reviews

(12) The following provisions of the Statutory Powers Procedure Act apply with necessary modifications to a review by the Board:

1. Section 21.1 (correction of errors).

2. Section 25.1 (rules).

(10) Subsection 25 (2) of the Act is amended by striking out "twenty days of the mailing of the written decision" in the eighth and ninth lines and substituting "30 days of the receipt of the written decision".

(11) Subsections 25 (3), (4) and (5) of the Act are repealed and the following substituted:

Review by Board

(3) Subject to subsections (4), (5) and (6), the Board shall review a decision of a panel of the Complaints Committee if the Board receives a request under subsection (2).

When no review

(4) The Board shall not review a decision if the party who requested the review withdraws the request and the other party consents.

Requests in bad faith, etc.

(5) If the Board considers a request to review a decision to have been frivolous, vexatious, made in bad faith or otherwise an abuse of process, it shall give the parties notice that it intends not to proceed with the review and that the parties have a right to make written submissions within 30 days after receiving the notice.

Same

(6) If the Board is satisfied, after considering any written submissions of the parties made within the 30 day period referred to in subsection (5), that a request was frivolous, vexatious, made in bad faith or otherwise an abuse of process, the Board shall not review the decision.

Consideration of late submissions

(7) The Board may consider submissions made after the 30 day period referred to in subsection (5).

Record of investigation to be reviewed

(8) If the Board is requested to review a decision, the Registrar shall give the Board, within 15 days after the Board's request, a record of the investigation and the documents and things upon which the decision was based.

Disclosure

(9)_Before reviewing a decision, the Board shall disclose to the parties everything given to it by the Registrar.

Exceptions

(10)_The Board may refuse to disclose anything that may, in its opinion,

(a) disclose matters involving public security;

(b) undermine the integrity of the complaint investigation and review process;

(c) disclose financial or personal or other matters of such a nature that the desirability of avoiding their disclosure in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that disclosure be made;

(d) prejudice a person involved in a criminal proceeding or in a civil suit or proceeding; or

(e) jeopardize the safety of any person.

Release of documents and things

(11) The Board shall release documents and things put into evidence or received by the Board at a review to the person who produced them, on request, within a reasonable time after the matter in issue has been finally determined.

Conduct of review

(12) In conducting a review, the Board shall consider either or both of,

(a) the adequacy of the investigation conducted; or

(b) the reasonableness of the decision.

Procedure

(13) In conducting a review, the Board,

(a) shall give the party requesting the review an opportunity to comment on the matters set out in clauses (12) (a) and (b) and the other party an opportunity to respond to those comments;

(b) may require the College to send a representative;

(d) may permit the parties to make representations with respect to issues raised by any questions asked under clause (c); and

(e) shall not allow the parties or the representative of the College to question each other.

No communication by Board members

(14) No member of the Board participating in a review shall communicate outside the review, in relation to the subject matter of the review, with a party or the party's representative unless the other party has been given notice of the subject matter of the communication and an opportunity to be present during the communication.

Application of SPPA provisions to reviews

(15) The following provisions of the Statutory Powers Procedure Act apply with necessary modifications to a review by the Board:

1. Section 4 (waiver of procedural requirement).

2. Section 4.1 (disposition of proceeding without hearing).

3. Section 5.1 (written hearings).

4. Section 5.2 (electronic hearings).

5. Section 5.3 (pre-hearing conferences).

6. Section 21 (adjournments).

7. Section 21.1 (correction of errors).

8. Section 25.1 (rules).

(12) The Act is amended by adding the following sections:

Reviews by Board public

25.1 (1)_A review by the Board under section 25 shall, subject to subsection (2), be open to the public.

Exclusion of public

(2) The Board may make an order that the public be excluded from a review or any part of it if the Board is satisfied that,

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the review of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that reviews be open to the public;

(d) the safety of a person may be jeopardized.

Orders preventing public disclosure

(3)_In situations in which the Board may make an order that the public be excluded from a review, it may make orders it considers necessary to prevent the public disclosure of matters disclosed at the review, including orders prohibiting the publication or broadcasting of those matters.

Public information may be disclosed

(4) No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register.

Exclusion of public

(5)_The Board may make an order that the public be excluded from the part of a review dealing with a motion for an order under subsection (2).

Orders with respect to matters in submissions

Reasons for order, etc.

(7) The Board shall ensure that any order it makes under this section and its reasons are available to the public in writing.

Reconsidering of order

(8) The Board may reconsider an order made under subsection (2) or (3) at the request of any person or on its own motion.

Exception to closed reviews

25.2 If a Board makes an order under subsection_25.1_(2) wholly or partly because of the desirability of avoiding disclosure of matters in the interest of a person affected, the Board may allow the person and his or her personal representative to attend the review.

(13) The Act is amended by adding the following section:

Extension of time limits

26.1 (1) If the Board is satisfied that no person will be unduly prejudiced, it may, on reasonable grounds, extend any time limit with respect to,

(a) the obligation, under section 26, of the Complaints Committee to dispose of a complaint against a member;

(b) a Registrar's obligation to give to the Board, under subsection 25_(7), a record of an investigation of a complaint against a member and the documents and things upon which a decision was made with respect to the complaint; or

Limitation

(2)_The Board shall not extend the time limit set out in subsection 25_(7) for more than 60 days.

(14) Clause 27 (1) (a) of the Act is repealed and the following substituted:

(a) confirm all or part of the decision, if any, made by the Complaints Committee.

(15) Subsections 27 (2) and (3) of the Act are repealed and the following substituted:

Decision and reasons

(2) The Board shall give its decision and reasons therefor in writing to the complainant, the member of the College complained against and the Complaints Committee.

(16) Subsection 45 (1) of the Act is repealed and the following substituted:

Immunity

(1) No action or other proceeding for damages shall be instituted against the College, the Council, a committee of the College or a member of the Council or a committee of the College, or an officer, employee, agent or appointee of the College for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power.

PART V

COMMENCEMENT AND SHORT TITLE

Commencement

76. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

77. The short title of this Act is the Red Tape Reduction Act (Ministry of Health), 1997.

Schedule A

MINISTRY OF HEALTH APPEAL AND REVIEW BOARDS ACT, 1997

CONTENTS

PART I

HEALTH PROFESSIONS APPEAL AND REVIEW BOARD

Health Professions Appeal and Review Board

Duties

Composition

Qualifications of members

PART II

HEALTH SERVICES APPEAL AND REVIEW BOARD

Health Services Appeal and Review Board

Duties

Composition

Qualifications of members

PART III

PROVISIONS RELATING TO BOTH BOARDS

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

Application of Part

Annual Report

Remuneration and expenses

Employees

Panels

Procedural matters, etc.

Resignation, expiry of membership

Death, revocation of membership, etc.

Members of panel who participate

Immunity

Short title

PART I HEALTH PROFESSIONS APPEAL AND REVIEW BOARD

Health Professions Appeal and Review Board

1. The following boards are amalgamated to form the Health Professions Appeal and Review Board, to be known in French as the Commission d'appel et de révision des professions de la santé:

1. The Health Professions Board.

2. The Hospital Appeal Board.

Duties

2. The Board's duties are to conduct the hearings and reviews and to perform the duties that are assigned to it under the Regulated Health Professions Act, 1991, a health profession act as defined in that Act, the Drug and Pharmacies Regulation Act, the Public Hospitals Act or under any other Act.

Composition

3. (1) The Board shall be composed of at least 12 and no more than 20 members who shall be appointed by the Lieutenant Governor in Council on the recommendation of the Minister of Health.

Term of appointment

(2) Members of the Board shall be appointed for terms not exceeding three years.

Chair and vice-chairs

(3) The Lieutenant Governor in Council shall designate one member of the Board to be the chair and two members to be vice-chairs.

Additional vice-chairs

(4) The chair may from time to time designate additional members to be vice-chairs.

Replacement of members

(5) A person appointed to replace a member of the Board before the member's term expires shall hold office for the remaining of the term.

Reappointments

(6) Members of the Board are eligible for reappointment.

Qualifications of members

4. A person may not be appointed as a member of the Board if the person,

(a) is employed in the public service of Ontario or by a Crown agency as defined in the Crown Agency Act;

(b) is or has been a member of a College as defined in the Regulated Health Professions Act, 1991 or of a Council of such a College; or

PART II HEALTH SERVICES APPEAL AND REVIEW BOARD

Health Services Appeal and Review Board

5. The following boards are amalgamated to form the Health Services Appeal and Review Board, to be known in French as the Commission d'appel et de révision des services de santé:

1. The Health Services Appeal Board.

2. The Health Facilities Appeal Board.

3. The Health Protection Appeal Board.

4. The Nursing Homes Review Board.

5. The Laboratory Review Board.

Duties

6. (1) The Board's duties are to conduct the hearings and reviews and to perform the duties that are assigned to it under the following Acts:

1. The Ambulance Act.

2. The Charitable Institutions Act.

3. The Healing Arts Radiation Protection Act.

4. The Health Care Accessibility Act.

5. The Health Facilities Special Orders Act.

6. The Health Insurance Act.

7. The Health Protection and Promotion Act.

8. The Homes for the Aged and Rest Homes Act.

9. The Immunization of School Pupils Act.

10. The Independent Health Facilities Act.

11. The Laboratory and Specimen Collection Centre Licensing Act.

12. The Long-Term Care Act, 1994.

13. The Nursing Homes Act.

14. The Private Hospitals Act.

Same

(2) The Board shall perform its duties under the Acts set out in subsection (1) in accordance with those Acts and the regulations made under them.

Composition

7. (1) The Board shall be composed of at least 12 and no more than 20 members who shall be appointed by the Lieutenant Governor in Council on the recommendation of the Minister of Health.

Term of appointment

(2) Members of the Board shall be appointed for terms not exceeding three years.

Limitation on number of physicians

(3) No more than three legally qualified medical practitioners may be appointed to the Board.

Chair and vice-chairs

(4) The Lieutenant Governor in Council shall designate one member of the Board to be the chair and two members to be vice-chairs.

Additional vice-chairs

(5) The chair may from time to time designate additional members to be vice-chairs.

Replacement of members

(6) A person appointed to replace a member of the Board before the member's term expires shall hold office for the remaining of the term.

Reappointments

(7) Members of the Board are eligible for reappointment.

Qualifications of members

8. A person may not be appointed as a member of the Board if the person is employed in the public service of Ontario or by a Crown agency as defined in the Crown Agency Act.

PART III

PROVISIONS RELATING TO BOTH BOARDS

Application of part

9. This Part applies with respect to the Health Professions Appeal and Review Board and the Health Services Appeal and Review Board.

Annual report

10. A Board shall report annually to the Minister of Health on its activities.

Remuneration and expenses

11. The members of a Board shall be paid the remuneration and expenses the Lieutenant Governor in Council determines.

Employees

12. A Board may employ, under the Public Service Act, persons it considers necessary to carry out its duties.

Panels

13. (1) A proceeding before a Board shall be considered and determined by a panel of one or more members of the Board.

Selection of panel

(2) The selection of the members of the Board who sit on a panel shall be at the discretion of the chair.

Number of members

(3) A panel shall have an uneven number of members.

Chair or vice-chair on panel

(4) One of the members of a panel shall be the chair or a vice-chair of the Board.

Procedural matters, etc.

14. (1) In a proceeding before a panel of three or more members of a Board, a procedural or interlocutory matter may, if the chair so decides, be heard and determined by one of the members of the panel and the member shall be selected by the chair.

Same

(2) Subsection 13 (4) does not apply with respect to procedural or interlocutory matters.

Resignation, expiry of membership

15. If a member of a panel of a Board which has begun proceedings with respect to a particular matter resigns from the Board or if the member's appointment to the Board expires, the member is deemed to continue to be a member of the Board for the purposes of dealing with that matter.

Death, revocation of membership, etc.

16. If a member of a panel of a Board which has begun proceedings with respect to a particular matter dies, has their appointment to the Board revoked or becomes unable or unwilling to continue as a member before the matter is concluded, the remaining members of the panel may deal with the matter.

Members of panel who participate

17. Only the members of a panel who were present throughout a proceeding shall participate in the panel's decision.

Immunity

18. No proceeding for damages shall be commenced against a Board, a member, employee or agent of a Board or anyone acting under the authority of the chair of a Board for any act done in good faith in the performance or intended performance of the person's duty or for any alleged neglect or default in the performance in good faith of the person's duty.

Short Title

19. The short title of this Act is the Ministry of Health Appeal and Review Boards Act, 1997.