[38] Bill 124 Royal Assent (PDF)
Bill 124 2004
An Act to amend the
Health Protection and
Promotion Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Subsection 81 (1) of the Health Protection and Promotion Act is repealed and the following substituted:
Chief Medical Officer of Health
(1) The Lieutenant Governor in Council shall appoint a Chief Medical Officer of Health on the address of the Legislative Assembly.
Term of office
(1.1) Subject to subsection (1.2), the Chief Medical Officer of Health holds office for a term of five years and may be reappointed for a further term or terms by the Lieutenant Governor in Council on the address of the Legislative Assembly.
Removal
(1.2) The Lieutenant Governor in Council may remove the Chief Medical Officer of Health for cause on the address of the Legislative Assembly.
Transitional
(1.3) The Chief Medical Officer of Health who held office immediately before the day subsection 1 (1) of the Health Protection and Promotion Amendment Act, 2004 comes into force shall be deemed to have been appointed under subsection (1), with his or her initial term of five years commencing on that day.
(2) Section 81 of the Act is amended by adding the following subsections:
Annual report
(4) The Chief Medical Officer of Health shall, in every year, make a report in writing on the state of public health in Ontario, and shall deliver the report to the Speaker of the Legislative Assembly.
Laying before Assembly
(5) The Speaker shall lay the report before the Assembly at the earliest reasonable opportunity.
Minister's copy
(6) The Chief Medical Officer of Health shall deliver a copy of the report to the Minister at least 30 days before delivering it to the Speaker.
(3) Section 81 of the Act is amended by adding the following subsection:
Other reports
(7) The Chief Medical Officer of Health may make any other reports respecting the public health as he or she considers appropriate, and may present such a report to the public or any other person he or she considers appropriate.
2. (1) Subsection 86 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule D, section 11, is amended by striking out "Minister" and substituting "Chief Medical Officer of Health".
(2) Subsection 86 (2) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule D, section 11, is amended by striking out "Minister" in the portion before clause (a) and substituting "Chief Medical Officer of Health".
(3) Subsection 86 (3) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 30, Schedule D, section 11, is amended by striking out "Minister" in the portion before clause (a) and substituting "Chief Medical Officer of Health".
(4) Subsection 86 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule D, section 11, is amended by striking out "Minister" and substituting "Chief Medical Officer of Health".
3. Subsection 86.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule D, section 11 and amended by 2002, chapter 18, Schedule I, section 9, is amended by striking out "Minister" and substituting "Chief Medical Officer of Health".
4. Subsections 86.2 (1) and (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule D, section 11, are repealed and the following substituted:
Request to board of health for information
(1) The Chief Medical Officer of Health may request a board of health to provide such information in respect of the board of health and the health unit served by the board of health as the Chief Medical Officer of Health specifies.
Same
(2) The Chief Medical Officer of Health may specify the time at which, and the form in which, the information must be provided.
5. Subsection 86.3 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule D, section 11, is amended by striking out "section 82, 83, 84, 85, 86, 86.1 or 86.2" at the end and substituting "section 82, 83, 84 or 85".
6. (1) Subsection 86.4 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule D, section 11, is amended by striking out "the Minister or" in the portion before paragraph 1.
(2) Paragraph 1 of subsection 86.4 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 30, Schedule D, section 11, is repealed.
Commencement
7. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Subsection 1 (2) comes into force on the later of January 1, 2005 and the day this Act receives Royal Assent.
Short title
8. The short title of this Act is the Health Protection and Promotion Amendment Act, 2004.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 124 and does not form part of the law. Bill 124 has been enacted as Chapter 30 of the Statutes of Ontario, 2004.
The authority to appoint the Chief Medical Officer of Health is given to the Lieutenant Governor in Council, on the address of the Legislative Assembly. The Chief Medical Officer of Health's term of appointment is for five years, with the possibility of reappointment. The Chief Medical Officer of Health may only be removed from office for cause, on the address of the Legislative Assembly.
Provision is made for the Chief Medical Officer of Health to make annual reports and other reports.
Certain powers that had been exercised by the Minister are given to the Chief Medical Officer of Health.