Government Process Simplification Act
(Ministry of Health), 1996
EXPLANATORY NOTE
The Bill amends or repeals various statutes administered by the Ministry of Health. The general purpose of the Bill is to simplify government processes and improve efficiency.
Ambulance Act: The requirement that the Minister approve applications to incorporate businesses that provide ambulance services is removed. The power of the Lieutenant Governor in Council to prescribe by regulation the fees payable for applications and licences is removed, and a ministerial power to establish the fees is added.
Cancer Act: The requirement that the Lieutenant Governor in Council approve by-laws made by, or agreements entered into by, The Ontario Cancer Treatment and Research Foundation or The Ontario Cancer Institute and that it approve the travel expenses and other expenses of members of the Foundation, the Institute or of the medical advisory boards of these bodies is removed. The requirement that the Institute submit its annual estimates to the Foundation is removed.
Cancer Remedies Act: The Act is repealed.
Charitable Institutions Act: The requirement for ministerial approval of by-laws relating to charitable institutions is removed. The power of the Lieutenant Governor in Council to prescribe forms by regulation is removed, and a ministerial power to require the use of forms approved by the Minister is added.
Healing Arts Radiation Protection Act: The powers of the Lieutenant Governor in Council to make regulations prescribing certain fees and prescribing and requiring the use of forms are removed. A ministerial power to establish the fees is added.
Health Protection and Promotion Act: The power of the Lieutenant Governor in Council to make regulations authorizing boards of health to charge fees and prescribing the amounts of the fees is removed, and a provision authorizing boards of health to charge fees for such services and in such amounts as the Minister may approve is added. The power of the Lieutenant Governor in Council to make regulations prescribing the methods of determining the amounts of the grants the Minister may make and the conditions applying to the grants is removed, and a provision setting out the power of the Minister to make grants for thepurposes of the Act on such conditions as he or she considers appropriate is added. The power of the Lieutenant Governor in Council to make regulations respecting slaughter-houses is removed.
Homemakers and Nurses Services Act: The power to prescribe by regulation the content and form of an application for the services of a homemaker or nurse and the content and form of the documents that must accompany the application is transferred from the Lieutenant Governor in Council to the Minister. The power to prescribe by regulation forms to be used in determining the extent to which a person's financial circumstances permit him or her to pay the fees for the services of a homemaker or nurse is retained by the Lieutenant Governor in Council.
Homes for Special Care Act: The power of the Lieutenant Governor in Council to establish homes for special care or approve institutions, buildings or other places as homes for special care is removed, but the power of the Minister to licence homes for special care is retained. The power of the Lieutenant Governor in Council to prescribe by regulation the fees payable for the issue and renewal of the licences is removed, and a ministerial power to establish and charge such fees is added.
Homes for the Aged and Rest Homes Act: The requirement that the Minister approve the physician for a home is removed. The requirement that the Lieutenant Governor in Council approve the administrator of a home is removed. The requirement that the administrator must have served satisfactorily as an administrator for a period of at least six months and must have successfully completed a course of instruction approved by the Minister is removed. The power of the Lieutenant Governor in Council to prescribe forms by regulation is removed, and a ministerial power to require the use of forms approved by the Minister is added.
Hypnosis Act: The Act is repealed.
Immunization of School Pupils Act: The power to prescribe forms by regulation is transferred from the Lieutenant Governor in Council to the Minister.
Long-Term Care Act, 1994: The powers of the Lieutenant Governor in Council to make regulations prescribing forms and regulations governing applications by agencies for approval are removed, and a ministerial power to require the use of forms approved by the Minister is added.
Mental Health Act: The power of the Lieutenant Governor in Council to make regulations prescribing the amounts that the Minister may pay to psychiatric facilities and the conditions on which the payments may be made is removed, and a provisionsetting out the power of the Minister to pay psychiatric facilities provincial aid in such amounts and on such conditions as he or she considers appropriate is added.
Ministry of Health Act: The Minister's powers to make certain payments (for example, grants, loans or bursaries), to make certain purchases and to establish certain kinds of health care facilities are removed. The related regulation-making powers are also removed.
Nursing Homes Act: The power of the Lieutenant Governor in Council to prescribe by regulation the fees payable for the issue and renewal of nursing home licences is removed, and a ministerial power to establish and charge such fees is added. The power of the Lieutenant Governor in Council to prescribe forms by regulation is removed, and a ministerial power to require the use of forms approved by the Minister is added.
Ontario Mental Health Foundation Act: The requirement that the Lieutenant Governor in Council approve by-laws, rules or regulations made by the Foundation or agreements entered into by the Foundation is removed.
Private Hospitals Act: The $10 fee for renewal of a licence is removed and the Minister is given the power to establish the fee. The requirement that a private hospital's fiscal year be the calendar year is removed. The provisions relating to agreements between private hospitals and municipalities for the treatment of indigent persons are repealed.
Public Hospitals Act: The requirement that the Lieutenant Governor in Council approve the use of a building as a hospital is removed.
War Veterans Burial Act: The Act is repealed.
Bill1996
An Act to simplify government processes and
to improve efficiency in the Ministry of Health
CONTENTS
1. Ambulance Act
2. Cancer Act
3. Charitable Institutions Act
4. Healing Arts Radiation Protection Act
5. Health Protection and Promotion Act
6. Homemakers and Nurses Services Act
7. Homes for Special Care Act
8. Homes for the Aged and Rest Homes Act
9. Immunization of School Pupils Act
10. Long-Term Care Act, 1994
11. Mental Health Act
12. Ministry of Health Act
13. Nursing Homes Act
14. Ontario Mental Health Foundation Act
15. Private Hospitals Act
16. Public Hospitals Act
17. Repeals
18. Commencement
19. Short title
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
AMBULANCE ACT
1. (1) Section 7 of the Ambulance Act is repealed.
(2) Subsection 14 (7) of the Act is amended by striking out "prescribed fee" in the fourth line and substituting "fee charged by the Minister".
(3) Section 21 of the Act is amended by striking out "prescribed by the regulations" at the end and substituting "established under subsection 22.1 (2)".
(4) Clauses 22 (1) (f) and (g) of the Act are repealed.
(5) The Act is amended by adding the following section:
Fees
22.1 (1) The Minister may charge fees for applications and licences.
Same
(2) The Minister may establish fees that may be charged by the operators of each class of ambulance service for each kind of service provided, may determine the methods and times for payment of such fees to the operators and may determine the classes of persons to whom the fees may be charged.
CANCER ACT
2. (1) Section 6 of the Cancer Act is amended by striking out "Subject to the approval of the Lieutenant Governor in Council" at the beginning.
(2) Section 9 of the Act is amended by striking out "Subject to the approval of the Lieutenant Governor in Council" at the beginning.
(3) Section 11 of the Act is amended by striking out "subject to the approval of the Lieutenant Governor in Council" in the fourth and fifth lines.
(4) Section 22 of the Act is amended by striking out "Subject to the approval of the Lieutenant Governor in Council" at the beginning.
(5) Section 24 of the Act is amended by striking out "Subject to the approval of the Lieutenant Governor in Council" at the beginning.
(6) Subsection 25 (2) of the Act is repealed.
(7) Section 26 of the Act is amended by striking out "subject to the approval of the Lieutenant Governor in Council" in the fourth and fifth lines.
CHARITABLE INSTITUTIONS ACT
3. (1) Subsection 5 (2) of the Charitable Institutions Act is repealed.
(2) Clause 12 (1) (y) of the Act is repealed.
(3) The Act is amended by adding the following section:
Forms
13. The Minister may require that forms approved by the Minister be used for any purpose of this Act.
HEALING ARTS RADIATION PROTECTION ACT
4. (1) Clause 3 (2) (c) of the Healing Arts Radiation Protection Act is repealed and the following substituted:
(c) pays the fee for the approval established by the Minister,
. . . . .
(2) Subsection 4 (2) of the Act is amended by striking out "fee prescribed by the regulations" in the third line and substituting "fee established by the Minister".
(3) Clauses 22 (k) and (m) of the Act are repealed.
(4) The Act is amended by adding the following section:
Fees
22.1 The Minister may establish and charge fees for registrations and approvals.
HEALTH PROTECTION AND PROMOTION ACT
5. (1) The Health Protection and Promotion Act is amended by adding the following section:
Fees
58.1 A board of health may charge fees for such services and in such amounts as the Minister may approve.
(2) Section 76 of the Act is repealed and the following substituted:
Grants
76. The Minister may make grants for the purposes of this Act on such conditions as he or she considers appropriate.
(3) Clause 96 (3) (f) of the Act is repealed.
(4) Clauses 96 (5) (g) and (h) of the Act are repealed.
HOMEMAKERS AND NURSES SERVICES ACT
6. (1) Clause 12 (1) (p) of the Homemakers and Nurses Services Act is repealed and the following substituted:
(p) prescribing forms to be used in determining, for the purpose of section 10, the extent to which a person's financial circumstances permit him or her to pay the fees for the services of a homemaker or nurse.
(2) Section 12 of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1994, chapter 26, section 72, is further amended by adding the following subsection:
Regulations by Minister
(3) The Minister may make regulations prescribing the content and form of applications for the services of a homemaker or nurse, requiring that the applications be accompanied by specified documents and prescribing the content and form of those documents.
HOMES FOR SPECIAL CARE ACT
7. (1) Sections 3 and 4 of the Homes for Special Care Act are repealed.
(2) Subsections 5 (1) and (2) of the Act are repealed and the following substituted:
Licensing of homes
(1) The Minister may license homes for special care and may
renew or cancel the licences on such terms and conditions as the regulations prescribe.
Fees
(2) The Minister may establish and charge fees for the issue and renewal of licences under this section.
(3) Clause 7 (f) of the Act is repealed.
(4) Clause 7 (g) of the Act is amended by striking out "thereof, and prescribing the fees payable for such licences" in the third, fourth and fifth lines and substituting "of the licences".
HOMES FOR THE AGED AND REST HOMES ACT
8. (1) Subsection 12 (1) of the Homes for the Aged and Rest Homes Act is repealed and the following substituted:
Administrator
(1) Subject to subsection (2), the council of a municipality that establishes and maintains a home or the councils of municipalities that establish and maintain a joint home or the board of management of a home shall appoint an administrator for the home or joint home.
(2) Subsection 12 (4) of the Act is amended by striking out "with the approval of the Minister" in the fifth and sixth lines.
(3) Paragraph 31 of subsection 31 (1) of the Act is repealed.
(4) The Act is amended by adding the following section:
Forms
32. The Minister may require that forms approved by the Minister be used for any purpose of this Act.
IMMUNIZATION OF SCHOOL PUPILS ACT
9. (1) Clauses 17 (a) and (b) of the Immunization of School Pupils Act are repealed and the following substituted:
(a) prescribing the information that must be contained in a record of immunization required to be maintained by a medical officer of health under section 11.
(2) Section 17 of the Act is amended by adding the following subsection:
Regulations by Minister
(2) The Minister may make regulations prescribing forms and providing for their use and requiring that statements of conscience or religious belief be made as affidavits.
LONG-TERM CARE ACT, 1994
10. (1) Paragraphs 8 and 45 of subsection 68 (1) of the Long-Term Care Act, 1994 are repealed.
(2) The Act is amended by adding the following section:
Forms
69. The Minister may require that forms approved by the Minister be used for any purpose of this Act.
MENTAL HEALTH ACT
11. (1) Section 10 of the Mental Health Act is repealed and the following substituted:
Provincial aid
10. The Minister may pay psychiatric facilities provincial aid in such manner, in such amounts and on such conditions as he or she considers appropriate.
(2) Clause 81 (1) (d) of the Act is repealed.
MINISTRY OF HEALTH ACT
12. (1) Section 10 of the Ministry of Health Act, as amended by the Statutes of Ontario, 1993, chapter 2, section 26, is repealed.
(2) Clause 12 (f) of the Act is repealed.
NURSING HOMES ACT
13. (1) Subsection 5 (1) of the Nursing Homes Act is amended by striking out "prescribed fee" in the second last line and substituting "fee established by the Minister".
(2) Subsection 15 (8) of the Act is amended by striking out "prescribed fee" in the fifth line and substituting "fee established by the Minister".
(3) Paragraph 15 of subsection 38 (1) of the Act is amended by striking out "and the fees payable therefor" in the third and fourth lines.
(4) Paragraph 28 of subsection 38 (1) of the Act is repealed.
(5) The Act is amended by adding the following section:
Licence fees
39. (1) The Minister may establish and charge fees for the issue and renewal of licences under this Act.
Forms
(2) The Minister may require that forms approved by the Minister be used for any purpose of this Act.
ONTARIO MENTAL HEALTH FOUNDATION ACT
14. (1) Section 6 of the Ontario Mental Health Foundation Act is amended by striking out "Subject to the approval of the Lieutenant Governor in Council" at the beginning.
(2) Section 8 of the Act is repealed and the following substituted:
By-laws
8. The Foundation may make by-laws and rules for the administration of its affairs.
(3) Section 11 of the Act is amended by striking out "subject to the approval of the Lieutenant Governor in Council" in the fourth and fifth lines.
PRIVATE HOSPITALS ACT
15. (1) Subsection 7 (2) of the Private Hospitals Act is repealed and the following substituted:
Fees
(2) The Minister may establish and charge fees for the renewal of licences.
(2) Sections 18, 28, 29, 30 and 31 of the Act are repealed.
PUBLIC HOSPITALS ACT
16. Subsection 4 (2) of the Public Hospitals Act is repealed and the following substituted:
Approval
(2) No institution, building or other premises or place shall be operated or used for the purposes of a hospital unless the Minister has approved the operation or use of the premises or place for that purpose.
REPEALS
Repeals
17. The following Acts are repealed:
1. Cancer Remedies Act.
2. Hypnosis Act.
3. War Veterans Burial Act.
COMMENCEMENT AND SHORT TITLE
Commencement
18. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Sections 6 and 9 come into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
19. The short title of this Act is the Government Process Simplification Act (Ministry of Health), 1996.