Legal advice

   (3)  The review panel may seek legal advice from a person who is not counsel in the hearing and, in such case, the nature of the advice shall be made known to the parties in order that they may make submissions as to the law.

Conflict of interest

   (4)  A member of a review panel who has a conflict of interest shall, immediately upon discovery of the conflict, report the nature and extent of the conflict to the chair of the Review Board who shall determine what course of action to take in consequence.

If chair has conflict

   (5)  If the chair of the Review Board has a conflict of interest, he or she shall not assign himself or herself to a panel, and if he or she becomes aware of a conflict after already being assigned to a panel, he or she shall report the nature and extent of the conflict to a vice-chair who shall determine what course of action to take in consequence.

Majority determination

   (6)  The final determination of a matter before a review panel shall be by majority vote and, if there is a tie, the chair of the review panel's vote shall decide the matter.

Only members at hearing to participate in decision

   (7)  No member of the review panel shall participate in a decision of the review panel following a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties.

Findings of fact

   8.  The findings of fact of a review panel pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.

Recording of evidence

   9.  The oral evidence taken before the review panel at a hearing shall be recorded and, if so required, copies of a transcript of the evidence shall be furnished upon the same terms as in the Superior Court of Justice.

Release of documentary evidence

   10.  Documents and things put in evidence at a hearing shall, upon the request of the person who produced them, be released to the person by the Review Board within a reasonable time after the matter in issue has been finally determined.

Orders

   11.  (1)  The review panel may, as an order of the Review Board, make any order that it considers appropriate, including, without being limited to, any one or more of the following:

    1.  An order determining the proper amount, if any, to be paid to the physician in accordance with the Act and the regulations for the service provided, and requiring that,

            i.  the General Manager pay the account in the amount set out in the order, or

           ii.  the physician reimburse the Plan for any amount paid by the Plan for the service that is in excess of the amount set out in the order.

    2.  An order that, in the future, the physician submit claims for insured services to the Plan or to insured persons in accordance with the order of the Review Board.

    3.  Where the physician has breached a previous order of the Review Board, an order that the General Manager refuse to pay, or pay a reduced amount as determined by the review panel, with respect to identical future claims submitted during a time period determined by the review panel.

    4.  An order that costs be awarded to either party in accordance with section 17 of the Statutory Powers Procedure Act.

    5.  An order that, despite subsections 5 (1) and (2), the period of review for reimbursement be for a period of more than 12 months, or that the period of review for reimbursement be for a period commencing prior to the date provided for in subsection 5 (2), or both, where the review panel determines that the physician knew or ought to have known that claims submitted to the Plan or to an insured person were false.

    6.  An order that the physician's entitlement to submit claims for insured services to the Plan or to receive payments from an insured person cease or be suspended for a period of time provided for in the order if one or more of the circumstances set out in subsection (5) exists.

Additional orders

   (2)  The General Manager may enter in evidence before the review panel a random sample of claims submitted by the physician to the Plan in respect of a fee code during the period of review and, in addition to any other order it may make, the review panel may order that the General Manager calculate the amount to be reimbursed for that fee code for that period, or a portion of that period, by assuming the results observed in the random sample are representative of all the claims during the period in question, where the review panel determines that,

  (a)  the physician is liable to reimburse the Plan;

  (b)  there has been a previous finding or order by a review panel that the physician reimburse the Plan and the physician has continued to make billing errors despite documented efforts to educate the physician regarding billing requirements; and

   (c)  the sample was random and had a reasonable confidence interval.

Limit on statistical inference

   (3)  For greater certainty, a review panel may not order that the General Manager may apply statistical methods to amounts to be reimbursed to the Plan unless subsection (2) applies.

Limitation on costs

   (4)  Despite paragraph 4 of subsection (1), costs shall not be awarded against a physician unless there has been a finding by the Review Board that one or more of the following apply:

    1.  The physician unreasonably failed to provide information or produce records.

    2.  The physician unreasonably failed to co-operate with the Ministry.

    3.  The physician unreasonably failed to co-operate in the proceeding before the review panel.

    4.  The physician was responsible for long or frequent delays in the proceeding before the review panel.

    5.  The physician failed to comply with a previous order of the Review Board.

Suspension

   (5)  An order under paragraph 6 of subsection (1) shall not be made unless the review panel finds that the physician knew or ought to have known that the claims submitted to the Plan or to insured persons were false.

Effect of suspension, etc.

   (6)  If a physician is the subject of an order under paragraph 6 of subsection (1), all insured services rendered by him or her during the period the order is in effect are deemed to be insured services payable at nil.

Interest payable by physician

   (7)  If a physician is ordered to reimburse the Plan, interest will accrue on the amount found to be improperly paid to the physician from the date that the General Manager's notice to the physician under the Act was effective.

Interest payable by General Manager

   (8)  Interest is payable by the General Manager to a physician in the circumstances set out in paragraphs 1 and 2, and in accordance with paragraph 3:

    1.  If the General Manager has sent notice of the General Manager's opinion to the physician pursuant to subsection 18 (15) of the Act, and the physician has submitted claims in accordance with the opinion but requested a hearing concerning the General Manager's opinion by the Review Board under subsection 18 (16) of the Act.

    2.  If the Review Board has concluded that the General Manager's opinion was incorrect in the circumstances and directed the General Manager to pay those claims as they would have been submitted if it were not for the opinion.

    3.  Interest accrues from the date the claims were submitted in accordance with the General Manager's opinion. 

Report to College

   (9)  Where the Review Board is of the opinion, based on a hearing, that the physician may have committed an act of professional misconduct or may be incompetent or incapacitated, it shall file a report with the Registrar of the College of Physicians and Surgeons of Ontario.

Appeal

   12.  (1)  A party to a hearing before the Review Board may appeal from its order to the Divisional Court in accordance with the rules of the court, but,

  (a)  personal health information contained in any document or evidence filed or adduced with regard to the appeal, or in any order or decision of the court shall not be made accessible to the public; and

  (b)  the Divisional Court may edit any documents it releases to the public to remove any personal health information.

Notice of appeal

   (2)  The appellant shall file a notice of appeal within 15 business days after receiving notice of the order of the Review Board.

Record to be filed in court

   (3)  Where any party appeals from an order of the Review Board, the Review Board shall forthwith file in the Divisional Court the record of the hearing in which the order was made, which, together with the transcript of evidence if it is not part of the Review Board's record, shall constitute the record in the appeal.

Powers of court on appeal

   (4)  An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the order of the Review Board and may exercise all powers of the Review Board to direct the General Manager to take any action which the Review Board may direct the General Manager to take and as the court considers proper, and, for such purposes, the court may substitute its opinion for that of the Review Board.

Lift of stay

   (5)  Despite the Statutory Powers Procedure Act or any other Act, within 30 days of the physician filing an appeal to the Divisional Court under this section, the General Manager may bring a motion to the Divisional Court requesting it to lift the stay of an order made under paragraph 6 of subsection 11 (1) and the Divisional Court may order that the stay be lifted.

Medicine Act, 1991

   35.  Section 8 of the Medicine Act, 1991 is repealed.

Commencement

   36.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Health System Improvements Act, 2007 receives Royal Assent.

Same

   (2)  Sections 1 to 35 come into force on a day to be named by proclamation of the Lieutenant Governor.

schedule H
Personal Health Information Protection Act, 2004

   1.  Paragraph 6 of the definition of "health information custodian" in subsection 3 (1) of the Personal Health Information Protection Act, 2004 is repealed and the following substituted:

    6.  A medical officer of health of a board of health within the meaning of the Health Protection and Promotion Act.

   2.  Clause (d) of the definition of "personal health information" in subsection 4 (1) of the Act is repealed and the following substituted:

  (d)  relates to payments or eligibility for health care, or eligibility for coverage for health care, in respect of the individual,

   3.  Section 7 of the Act is amended by adding the following subsection:

Crown bound

   (5)  For greater certainty, this Act binds the Crown, including all ministries, agencies and employees of the Crown.

   4.  Subsections 8 (1) and (2) of the Act are repealed and the following substituted:

Freedom of information legislation

   (1)  Subject to subsection (2), the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act do not apply to personal health information in the custody or under the control of a health information custodian unless this Act specifies otherwise.

Exceptions

   (2)  Sections 11, 12, 15, 16, 17, 33 and 34, subsection 35 (2) and sections 36 and 44 of the Freedom of Information and Protection of Privacy Act and sections 5, 9, 10, 25, 26 and 34 of the Municipal Freedom of Information and Protection of Privacy Act apply in respect of records of personal health information in the custody or under the control of a health information custodian that is an institution within the meaning of either of those Acts, as the case may be, or that is acting as part of such an institution.

   5.  Subsection 23 (1) of the Act is amended by adding "by a health information custodian" after "disclosure" in the portion before paragraph 1.

   6.  Section 24 of the Act is amended by adding the following subsection:

Deemed application concerning capacity

   (2.1)  An application to the Board under subsection (2) shall be deemed to include an application to the Board under subsection 22 (3) with respect to the individual's capacity to consent to the collection, use or disclosure of his or her personal health information, unless the individual's capacity has been determined by the Board within the previous six months.

   7.  Clause 26 (5) (b) of the Act is amended by striking out "paragraph 1 or 2" and substituting "paragraph 1, 2 or 3".

   8.  Section 27 of the Act is amended by adding the following subsection:

Deemed application concerning capacity

   (2.1)  An application to the Board under subsection (1) or (2) shall be deemed to include an application to the Board under subsection 22 (3) with respect to the individual's capacity to consent to the collection, use or disclosure of his or her personal health information, unless the individual's capacity has been determined by the Board within the previous six months.

   9.  The French version of clause 32 (1) (b) of the Act is repealed and the following substituted:

    b)  le particulier y consent par consentement implicite et les renseignements se limitent au nom et aux genres prescrits de coordonnées de celui-ci.

   10.  Subsections 34 (2) and (3) of the Act are repealed and the following substituted:

Collection or use

   (2)  Despite subsection 49 (1), a person who is neither a health information custodian nor acting as an agent of a health information custodian shall not collect or use another person's health number except,

  (a)  for purposes related to the provision of provincially funded health resources to that other person;

  (b)  for the purposes for which a health information custodian has disclosed the number to the person;

   (c)  if the person is the governing body of health care practitioners who provide provincially funded health resources and is collecting or using health numbers for purposes related to its duties or powers; or

  (d)  if the person is prescribed and is collecting or using the health number, as the case may be, for purposes related to health administration, health planning, health research or epidemiological studies.

Disclosure

   (3)  Despite subsection 49 (1) and subject to the exceptions and additional requirements, if any, that are prescribed, a person who is neither a health information custodian nor acting as an agent of a health information custodian shall not disclose a health number except as required by law.

   11.  Subclause 36 (1) (b) (i) of the Act is amended by adding "and complete" after "accurate".

   12.  Clause 37 (1) (g) of the Act is repealed and the following substituted:

  (g)  for the purpose of seeking the individual's consent, or the consent of the individual's substitute decision-maker, when the personal health information used by the custodian for this purpose is limited to the name and contact information of the individual and the name and contact information of the substitute decision-maker, where applicable;

   13.  Clause 38 (1) (a) of the Act is amended by striking out "person" and substituting "health information custodian".

   14.  Clause 39 (1) (a) of the Act is repealed and the following substituted:

  (a)  for the purpose of determining or verifying the eligibility of the individual to receive health care or related goods, services or benefits provided under an Act of Ontario or Canada and funded in whole or in part by the Government of Ontario or Canada, by a local health integration network or by a municipality, or to receive coverage with respect to such health care, goods, services or benefits;

   15.  Clause 43 (1) (f) of the Act is repealed and the following substituted:

    (f)  in the circumstances described in clause 42 (1) (c), (g) or (n) of the Freedom of Information and Protection of Privacy Act or clause 32 (c), (g) or (l) of the Municipal Freedom of Information and Protection of Privacy Act, if the custodian is an institution within the meaning of whichever of those Acts applies, or is acting as part of such an institution;

   16.  Subsection 44 (8) of the Act is repealed and the following substituted:

Transition

   (8)  Despite subsection (7), nothing in this section prevents a health information custodian that is an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act or that is acting as part of such an institution from disclosing to a researcher personal health information, that is personal information within the meaning of those two Acts, if, before November 1, 2004, the researcher entered into an agreement with the custodian under subclause 21 (1) (e) (iii) of the Freedom of Information and Protection of Privacy Act or subclause 14 (1) (e) (iii) of the Municipal Freedom of Information and Protection of Privacy Act and the disclosure is within the scope of the agreement.

   17.  Subsection 49 (5) of the Act is repealed and the following substituted:

Freedom of information legislation

   (5)  Except as prescribed, subsections (1) to (4) do not apply to an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act that is not a health information custodian or to a person employed by or acting for such an institution when the person is acting in that capacity.

Same

   (6)  Where this Act permits or requires a health information custodian to disclose personal health information to an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act that is not a health information custodian, the institution may collect the information from the custodian.

   18.  Subsection 51 (3) of the Act is repealed and the following substituted:

Health care practitioner acting for an institution

   (3)  This Part does not apply to a record in the custody or under the control of a health care practitioner who is employed by or acting for an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act that is not a health information custodian if the individual has the right to request access to the record under one of those Acts.

Permission to disclose

   (4)  When subsection (3) applies to a record, the health care practitioner may disclose the record to the institution to enable the institution to process the individual's request under the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act, as the case may be, for access to the record.

   19.  The English version of clause 52 (1) (c) of the Act is repealed and the following substituted:

   (c)  the information in the record was collected or created primarily in anticipation of or for use in a proceeding, and the proceeding, together with all appeals or processes resulting from it, have not been concluded;

   20.  (1)  Clause 54 (1) (b) of the Act is repealed and the following substituted:

  (b)  give a written notice to the individual stating that, after a reasonable search, the custodian has concluded that the record does not exist, cannot be found, or is not a record to which this Part applies, if that is the case;

   (2)  Clause 54 (1) (d) of the Act is repealed and the following substituted:

  (d)  subject to subsection (1.1), if the custodian is entitled to refuse the request, in whole or in part, under clause 52 (1) (c), (d) or (e), give a written notice to the individual stating that the individual is entitled to make a complaint about the refusal to the Commissioner under Part VI, and that the custodian is refusing,

           (i)  the request, in whole or in part, while citing which of clauses 52 (1) (c), (d) and (e) apply,

          (ii)  the request, in whole or in part, under one or more of clauses 52 (1) (c), (d) and (e), while not citing which of those provisions apply, or

         (iii)  to confirm or deny the existence of any record subject to clauses 52 (1) (c), (d) and (e).

   (3)  Section 54 of the Act is amended by adding the following subsection:

Providing reasons

   (1.1)  A custodian acting under clause (1) (d) shall not act under subclause (1) (d) (i) where doing so would reasonably be expected in the circumstances known to the person making the decision on behalf of the custodian to reveal to the individual, directly or indirectly, information to which the individual does not have a right of access.

   21.  Subsection 55 (1) of the Act is amended by striking out "has collected or used" and substituting "has collected, uses or has used".

   22.  Subsection 60 (15) of the Act is repealed and the following substituted:

Document privileged

   (15)  A document or thing produced by a person in the course of a review is privileged in the same manner as if the review were a proceeding in a court.

Commencement

   23.  This Schedule comes into force on the day the Health System Improvements Act, 2007 receives Royal Assent.

schedule I
Public Hospitals Act

   1.  Subsection 9.1 (2) of the Public Hospitals Act is repealed and the following substituted:

No proceeding against Crown

   (2)  No proceeding, other than a proceeding referred to in subsection 10 (2), shall be commenced against the Crown or the Minister with respect to a decision or direction under section 5, 6 or 9, the appointment of an investigator or a hospital supervisor under section 8 or 9 or an action or omission of an investigator or hospital supervisor done in good faith in the performance of a power or of an authority under either of those sections.

   2.  Section 10 of the Act is repealed and the following substituted:

Protection from personal liability

   10.  (1)  No action or other proceeding for damages or otherwise shall be instituted against any of the following persons for any act done in good faith in the execution or intended execution of any duty or authority under this Act or the regulations or for any alleged neglect or default in the execution in good faith of any such duty or authority:

    1.  An investigator or a hospital supervisor appointed under section 8 or 9 or a person, persons or a body to whom the Minister's powers have been assigned under clause 32 (1) (z.1).

    2.  The staff of anyone mentioned in paragraph 1.

Crown not relieved of liability

   (2)  Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in paragraphs 1 and 2 of subsection (1) to which the Crown would otherwise be subject and the Crown is liable under that Act for any such tort in the same manner as if subsection (1) had not been enacted.

   3.  Subsection 32.1 (3) of the Act is amended by striking out "Ministry of Health" and substituting "Ministry".

Commencement

   4.  This Schedule comes into force on the day the Health System Improvements Act, 2007 receives Royal Assent.

SCHEDULE J
MAKING MISCELLANEOUS CORRECTIONS AND AMENDMENTS

Community Care Access Corporations Act, 2001

   1.  Subsection 22 (0.1) of the Community Care Access Corporations Act, 2001 is amended by adding the following clause:

(a.1) respecting matters that relate to or arise as a result of a transfer of assets, liabilities, rights and obligations of a community care access corporation under a Minister's order made under clause 15 (3) (a), including matters related to present and future assets, liabilities, rights and obligations;

Laboratory and Specimen Collection Centre Licensing Act

   2.  The definition of "specimen collection centre" in section 5 of the Laboratory and Specimen Collection Centre Licensing Act is repealed and the following substituted:

"specimen collection centre" means a place where specimens are taken or collected from the human body for examination to obtain information for diagnosis, prophylaxis or treatment, but does not include,

  (a)  a place where a legally qualified medical practitioner is engaged in the practice of medicine or surgery,

  (b)  a place where a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991 is engaged in the practice of nursing, or

   (c)  a laboratory that is established, operated or maintained under a licence under this Act; ("centre de prélèvement")

Local Health System Integration Act, 2006

   3.  The French version of subsection 38 (1) of the Local Health System Integration Act, 2006 is amended by adding "ou le ministre" after "en conseil" in the portion before clause (a).

Smoke-Free Ontario Act

   4.  The Table to section 15 of the Smoke-Free Ontario Act is amended,

  (a)  by striking out "9, other than subsection (4)" in Column 1 and substituting "9 (1), 9 (2)"; and

  (b)  by adding the following item:

Sunnybrook and Women's College Health Sciences Centre Act, 1998

   5.  The Sunnybrook and Women's College Health Sciences Centre Act, 1998 is repealed.

Commencement

   6.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Health System Improvements Act, 2007 receives Royal Assent.

Same

   (2)  Section 3 shall be deemed to have come into force on March 28, 2006.

schedule k
Ontario Agency for Health Protection and Promotion Act, 2007

part I
Interpretation

Purpose

   1.  The purpose of this Act is to enhance the protection and promotion of the health of Ontarians and to contribute to efforts to reduce health inequities through the establishment of an agency to provide scientific and technical advice and support to those working across sectors to protect and improve the health of Ontarians and to carry out and support activities such as population health assessment, public health research, surveillance, epidemiology, planning and evaluation.

Definitions

   2.  In this Act,

"board of directors" means the board of directors of the Corporation; ("conseil d'administration")

"Chief Medical Officer of Health" means the Chief Medical Officer of Health under the Health Protection and Promotion Act; ("médecin-hygiéniste en chef")

"Corporation" means the Ontario Agency for Health Protection and Promotion established under section 3; ("Agence")

"fiscal year" means the period commencing on April 1 in each year and ending on March 31 of the following year; ("exercice")

"Minister" means the Minister of Health and Long-Term Care or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; ("ministre")

"Ministry" means the Ministry of the Minister; ("ministère")

"personal health information" has the same meaning as in the Personal Health Information Protection Act, 2004; ("renseignements personnels sur la santé")

"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act; ("renseignements personnels")

"prescribed" means prescribed by regulation made under this Act, and "prescribe" has a corresponding meaning; ("prescrit", "prescrire")

"revenue" includes all money or money's worth received by the Corporation, whether by grant, gift, contribution, income, profit or otherwise. ("recettes")

part ii
Corporation

Corporation established

   3.  A corporation to be known in English as the Ontario Agency for Health Protection and Promotion and in French as Agence ontarienne de protection et de promotion de la santé is established as a corporation without share capital.

Crown agency and status

   4.  The Corporation is an agent of the Crown and may exercise its powers only as an agent of the Crown.

Corporations Act, Corporations Information Act

   5.  The Corporations Act and the Corporations Information Act do not apply to the Corporation except as prescribed.

Objects

   6.  The objects of the Corporation are,

  (a)  to provide scientific and technical advice and support to the health care system and the Government of Ontario in order to protect and promote the health of Ontarians and reduce health inequities;

  (b)  to develop, disseminate and advance public health knowledge, best practices, and research in the areas of population health assessment, infectious diseases, health promotion, chronic diseases, injury prevention, and environmental health;

   (c)  to inform and contribute to policy development processes across sectors of the health care system and within the Government of Ontario through advice and impact analysis of public health issues;

  (d)  to develop, collect, use, analyse and disclose data, including population health, surveillance and epidemiological data, across sectors, including human health, environmental, animal, agricultural, education, community and social services and  housing sectors, in a manner that informs and enhances healthy public policy and public health planning, evaluation and action;

  (e)  to undertake, promote and co-ordinate public health research in co-operation with academic and research experts as well as the community;

    (f)  to provide education and professional development for public health professionals, scientists, researchers, and policymakers across sectors;

  (g)  to establish, operate and maintain laboratory centres and to provide laboratory services;

   (h)  to serve as a model for bridging the areas of infection control and occupational health and safety;

    (i)  to undertake research related to evaluating the modes of transmission of febrile respiratory illnesses and the risk to health workers;

    (j)  as directed by the Chief Medical Officer of Health, to provide scientific and technical advice and operational support to any person or entity in an emergency or outbreak situation that has health implications; and

   (k)  any additional objects the Lieutenant Governor in Council may prescribe.

Powers

   7.  (1)  Except as limited by this Act, the Corporation has the capacity, rights and powers of a natural person for carrying out its objects.

Use of revenue

   (2)  The Corporation shall carry out its operations without the purpose of gain for its members and any profits, including all money or assets that it receives by grant, contribution or otherwise, shall be used for promoting its objects.

Revenues and investments

   (3)  Despite Part I of the Financial Administration Act, the revenues and investments of the Corporation do not form part of the Consolidated Revenue Fund.

Lieutenant Governor in Council approval

   (4)  The Corporation shall not exercise the following powers without the approval of the Lieutenant Governor in Council:

    1.  Acquiring, disposing, leasing, mortgaging, charging, hypothecating or otherwise transferring or encumbering any interest in real property, except for leasing office and laboratory space that is reasonably necessary for the purposes of the Corporation.

    2.  Borrowing or lending money.

    3.  Investing money.

    4.  Pledging, charging or encumbering any of its personal property.

    5.  Creating a subsidiary.

Additional limitations

   8.  The Lieutenant Governor in Council may prescribe additional limitations to the Corporation's powers.

Board of directors

   9.  (1)  The Corporation shall consist of no more than 13 members appointed by the Lieutenant Governor in Council who shall form the board of directors of the Corporation.

Areas of expertise

   (2)  In appointing the members of the board of directors, regard may be had to the desirability of appointing,

  (a)  persons with skills and expertise in the areas covered by the Corporation's objects, or in corporate governance;

  (b)  a person with expertise in public accounting or with related financial experience; and

   (c)  a lay person with demonstrated interest or experience in health issues.

Term of office

   (3)  Subject to subsections (4) and (5), the members of the board of directors shall hold office at pleasure for a term determined by the Lieutenant Governor in Council.

Termination

   (4)  A member ceases to be a member of the board of directors if, before the term of the member expires,

  (a)  the Lieutenant Governor in Council revokes the member's appointment; or

  (b)  the member dies, resigns or becomes bankrupt.

Successor's term

   (5)  If a person ceases to be a member of the board of directors before the term of the member expires, the first term of the person's successor shall be for the remainder of the person's term.

Remuneration and expenses of directors

   (6)  The members of the board of directors shall receive the remuneration and reimbursement for the reasonable expenses that the Lieutenant Governor in Council determines.

Duty of care and indemnification

   (7)  Subsection 134 (1) and section 136 of the Business Corporations Act apply, with necessary modifications, to the Corporation, its board of directors and its officers.

First chair, vice-chairs

   10.  (1)  The Minister shall designate one of the members of the first board of directors to serve as the first chair of the board of directors and one or more directors as first vice-chairs of the board of directors, and the duration of such a designation shall correspond to the duration of their initial terms as directors.

Subsequent chairs and vice-chairs

   (2)  At the end of the terms of the first chair and the first vice-chairs, respectively, the board of directors shall designate a chair and one or more vice-chairs from among themselves.

Chair's role

   11.  (1)  The chair shall preside over the meetings of the board of directors.

Acting chair

   (2)  If the chair is absent or otherwise unable to act or if the office of chair is vacant, the vice-chairs present at a meeting shall designate an acting chair from among themselves.

Same

   (3)  In the absence of the chair and the vice-chairs, the directors present at a meeting shall designate an acting chair from among themselves.

Powers and duties of the board

   12.  The affairs of the Corporation are under the management and control of its board of directors.

By-laws, resolutions re proceedings

   13.  The board of directors may pass by-laws and resolutions for conducting and managing the affairs of the Corporation.

Standing committees

   14.  (1)  The board of directors shall by by-law establish the following standing committees:

    1.  A governance standing committee.

    2.  A strategic planning standing committee.

    3.  An audit standing committee.

Additional standing committees

   (2)  The board of directors may, by by-law, establish additional standing committees.

Composition, functions, etc.

   (3)  Subject to subsections (4), (5) and (6) and the regulations, a by-law establishing a standing committee shall provide for the committee's composition, functions and operation, and may provide that persons who are not members of the board of directors may serve on standing committees.

Strategic planning standing committee

   (4)  The Chief Medical Officer of Health is by virtue of his or her office a member of the strategic planning standing committee, and may attend that committee personally or through a designate.

Governance standing committee

   (5)  Only members of the board of directors may be members of the governance standing committee.

Audit standing committee

   (6)  Only members of the board of directors and persons who are not employees of the Corporation may be members of the audit standing committee, and at least one member of the committee shall be both a director and an expert with public accounting or related financial experience.

Delegation of powers of the board

   15.  (1)  The board of directors may by by-law delegate any of its powers to a standing committee.

Delegation subject to conditions and restrictions

   (2)  A delegation under subsection (1) is subject to any conditions or restrictions set out in the by-law.

Validity of acts of directors and officers

   16.  An act done by a director or by an officer is not invalid by reason only of any defect that is thereafter discovered in his or her appointment, election or qualification.

Conflict of interest

   17.  The board of directors shall develop, in consultation with the Minister, conflict of interest policies for the directors, officers and employees of the Corporation.

Meetings of board

   18.  (1)  The board of directors shall meet regularly throughout the year and in any event shall hold at least four meetings in each calendar year.

Quorum

   (2)  A majority of the directors constitutes a quorum.

CMOH to be informed

   (3)  The Corporation shall provide the Chief Medical Officer of Health with,

  (a)  reasonable notice of any meeting of the board of directors;

  (b)  the agenda for that meeting; and

   (c)  any material that is to be considered at that meeting.

Attendance of CMOH

   (4)  The Chief Medical Officer of Health, or his or her designate, is entitled to attend and to participate in any meeting of the board of directors.

Chief executive officer

   19.  (1)  The Corporation shall appoint a chief executive officer who shall be an employee of the Corporation and not a member of the board of directors.

Role

   (2)  The chief executive officer is responsible for the management and administration of the affairs of the Corporation, subject to the supervision and direction of the board of directors.

Audit

   20.  (1)  The board of directors shall appoint an auditor licensed under the Public Accounting Act, 2004 to audit the accounts and the financial transactions of the Corporation annually.

Other audits

   (2)  In addition to the requirement for an annual audit,

  (a)  the Minister may, at any time, direct that one or more auditors licensed under the Public Accounting Act, 2004 audit the accounts and the financial transactions of the Corporation; and

  (b)  the Auditor General may, at any time, audit any aspect of the operations of the Corporation.

Annual business plan

   21.  (1)  On or before April 1 in each year, or another date specified by the Minister, the board of directors shall adopt a business plan for the fiscal year.

Strategic objectives and rolling budget

   (2)  The business plan shall include a three-year rolling budget, the strategic objectives for the Corporation, and any performance measures the Corporation shall meet.

Submission to Minister

   (3)  On or before January 1 in each year, or another date specified by the Minister, the board of directors shall submit a copy of the business plan to the Minister for approval.

Annual report

   22.  (1)  The Corporation shall submit to the Minister an annual report, within the time period that the Minister specifies, on its affairs and operations during its immediately preceding fiscal year.

Contents

   (2)  The annual report shall include,

  (a)  audited financial statements of the Corporation for the fiscal year of the Corporation to which the report relates;

  (b)  a description on how performance measures under subsection 21 (2) have been met;

   (c)  a description of any directives issued by the Chief Medical Officer of Health under subsection 24 (1); and

  (d)  any other information, except personal information or personal health information, requested by the Minister.

Form

   (3)  The annual report shall be signed by the chair and one other member of the board of directors of the Corporation and shall be in the form that the Minister specifies.

Tabling

   (4)  The Minister shall,

  (a)  submit the annual report to the Lieutenant Governor in Council; and

  (b)  lay the report before the Assembly if it is in session or deposit the report with the Clerk of the Assembly if the Assembly is not in session.

Additional reports to Minister

   23.  The Corporation shall provide to the Minister, within the time and in the form that the Minister specifies, the plans, reports, financial statements, including audited financial statements and information that the Minister requires for the purposes of administering this Act.

PART III
directives

CMOH directives

   24.  (1)  The Chief Medical Officer of Health may issue directives in writing to the Corporation for the Corporation to provide scientific and technical advice and operational support to any person or entity in an emergency or outbreak situation that has health implications.

Implementation

   (2)  The board of directors shall ensure that a directive of the Chief Medical Officer of Health under subsection (1) is carried out in accordance with its terms, this Act, and the regulations.

PART iV
TRANSFERs

Transfers

   25.  (1)  Despite any other Act, but subject to the Financial Administration Act, the regulations, if any, under this Act and the approval of the Lieutenant Governor in Council, the Crown in right of Ontario may transfer to the Corporation any of its rights, obligations, assets and liabilities or any interest in or entitlement to a right, obligation, asset and liability, with or without consideration, on terms and conditions agreed upon between the Crown and the Corporation and, without restricting the generality of the foregoing, may transfer public health laboratory centres established by the Minister under section 79 of the Health Protection and Promotion Act.

Non-cash expenses

   (2)  A non-cash transfer under subsection (1) is an authorized non-cash expense for the purposes of section 11.1 of the Financial Administration Act.

Agreement assignable

   (3)  Where an agreement is the subject of a transfer under subsection (1), it shall be deemed to be assignable by the Minister without the consent of any party to the agreement.

Other agreements, etc.

   (4)  The Minister may enter into such other agreements, execute such documents and instruments, and do such other acts and things as the Minister considers necessary or advisable to effect a transfer authorized in subsection (1).

Immunity re transfer

   (5)  Despite subsection (1), no proceeding for damages or otherwise shall be commenced against the Corporation, a director or officer of the Corporation, a member of a standing committee, or any person employed by the Corporation in respect of a claim,

  (a)  that arises in connection with anything transferred under subsection (1); and

  (b)  that arises solely in connection with events that occurred prior to the effective date of the transfer.

PART V
IMMUNITY and UNPAID JUDGMENts

No actions or proceedings against Crown

   26.  No proceeding for damages or otherwise shall be commenced against the Crown, the Minister or any person employed by the Crown with respect to any act done or omitted to be done or any decision of the Corporation, a director or officer of the Corporation, a member of a standing committee or a person employed by the Corporation.

Immunity from civil action

   27.  (1)  No proceeding for damages or otherwise shall be commenced against the Minister, the Minister of Finance, a director or officer of the Corporation, a member of a standing committee, or any person employed by the Crown or the Corporation, with respect to any act done or omitted to be done or any decision under this Act that is done in good faith in the execution or intended execution of a power or duty under this Act.

Corporation remains liable

   (2)  Subsection (1) does not relieve the Corporation of any liability to which it would otherwise be subject in respect of a tort committed by a director, officer or employee.

Crown remains liable in certain cases

   (3)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of a liability to which it would otherwise be subject in respect of a tort committed by the Minister, the Minister of Finance or any person employed by the Crown.

Unpaid judgments against the Corporation

   28.  The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against the Corporation that remains unpaid after, as determined by the Lieutenant Governor in Council, the Corporation has made all reasonable efforts to pay the amount of the judgment.

PART Vi
dissolution

Dissolution

   29.  (1)  The Minister may, on a date specified by the Minister, dissolve the Corporation.

Publication in The Ontario Gazette

   (2)  The Minister shall publish notice of the dissolution under subsection (1) in The Ontario Gazette.

PART vii
regulations

Regulations

   30.  (1)  The Minister may make regulations,

  (a)  prescribing, for the purposes of section 5, provisions of the Corporations Act and the Corporations Information Act that apply to the Corporation, and any modifications to which those provisions are subject;

  (b)  prescribing provisions of the Business Corporations Act, other than those mentioned in subsection 9 (7), that apply to the Corporation, and any modifications to which those provisions are subject;

   (c)  governing the establishment of standing committees by the board of directors.

Same, LG in C

   (2)  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing additional objects of the Corporation under clause 6 (k);

  (b)  prescribing additional limitations to the Corporation's powers under section 8;

   (c)  respecting matters that relate to or arise as a result of a transfer under section 25, including matters related to present and future rights, obligations, privileges and liabilities;

  (d)  respecting provisions of the Laboratory and Specimen Collection Centre Licensing Act and regulations under that Act that do not apply to a laboratory centre established by the Corporation, and any modifications to which those provisions are subject;

  (e)  respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

PART vIIi
COMPLEMENTARY AMENDMENTs

Hospital Labour Disputes Arbitration Act

   31.  Section 1 of the Hospital Labour Disputes Arbitration Act is amended by adding the following subsection:

Ontario Agency for Health Protection and Promotion

   (5)  The Ontario Agency for Health Protection and Promotion established under the Ontario Agency for Health Protection and Promotion Act, 2007 shall be deemed to be a hospital for the purposes of this Act.

Personal Health Information Protection Act, 2004

   32.  Subsection 39 (2) of the Personal Health Information Protection Act, 2004 is amended by striking out "or" at the end of clause (a) and by adding the following clause:

(a.1) to the Ontario Agency for Health Protection and Promotion if the disclosure is made for a purpose of the Ontario Agency for Health Protection and Promotion Act, 2007; or

PART IX
commencement and short title

Commencement

   33.  The Act set out in this Schedule comes into force on the day the Health System Improvements Act, 2007 receives Royal Assent.

Short title

   34.  The short title of the Act set out in this Schedule is the Ontario Agency for Health Protection and Promotion Act, 2007.

schedule L
Drug and Pharmacies Regulation Act

   1.  (1)  Subsection 1 (1) of the Drug and Pharmacies Regulation Act is repealed and the following substituted:

Interpretation

   (1)  In this Act,

"Accreditation Committee" means the Accreditation Committee of the College; ("comité d'agrément")

"by-laws" means the by-laws made under this Act; ("règlements administratifs")

"certificate of accreditation" means a certificate of accreditation issued by the Registrar of the College under subsection 139 (2); ("certificat d'agrément")

"certificate of authorization" has the same meaning as in the Regulated Health Professions Act, 1991; ("certificat d'autorisation")

"certificate of registration" means a certificate of registration within the meaning of the Health Professions Procedural Code issued by the Registrar of the College; ("certificat d'inscription")

"College" means the Ontario College of Pharmacists; ("Ordre")

"Council" means the Council of the College; ("conseil")

"designated manager" means the pharmacist designated by the owner of the pharmacy, in information provided to the College, as the pharmacist responsible for managing the pharmacy; ("gérant désigné")

"Discipline Committee" means the Discipline Committee of the College; ("comité de discipline")

"drug" means any substance or preparation containing any substance,

  (a)  manufactured, sold or represented for use in,

           (i)  the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal physical or mental state or the symptoms thereof, in humans, animals or fowl, or

          (ii)  restoring, correcting or modifying functions in humans, animals or fowl,

  (b)  referred to in Schedule C, D, E, F, G or N,

   (c)  listed in a publication named by the regulations, or

  (d)  named in the regulations,

but does not include,

  (e)  any substance or preparation referred to in clause (a), (b) or (c) manufactured, offered for sale or sold as, or as part of, a food, drink or cosmetic,

    (f)  any "natural health product" as defined from time to time by the Natural Health Products Regulations under the Food and Drugs Act (Canada),

  (g)  a substance or preparation named in Schedule A or B; ("médicament")

"health profession corporation" has the same meaning as in the Regulated Health Professions Act, 1991; ("société professionnelle de la santé")

"Health Professions Procedural Code" means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; ("Code des professions de la santé")

"intern" means a person who is registered as an intern under the Pharmacy Act, 1991; ("interne")

"member" means a member of the College; ("membre")

"Minister" means the Minister of Health and Long-Term Care; ("ministre")

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

"pharmacy" means a premises in or in part of which prescriptions are compounded and dispensed for the public or drugs are sold by retail; ("pharmacie")

"pharmacy technician" means a person registered as a pharmacy technician under the Pharmacy Act, 1991; ("technicien en pharmacie")

"prescriber" means a person who is authorized under the laws of a province or territory of Canada to give a prescription within the scope of his or her practice of a health discipline; ("personne autorisée à prescrire des médicaments")

"prescription" means a direction from a prescriber directing the dispensing of any drug or mixture of drugs for a designated person or animal; ("ordonnance")

"proprietary misconduct" means proprietary misconduct as defined in the regulations; ("faute liée à la spécialité")

"registered pharmacy student" means a person registered as a student under the Pharmacy Act, 1991; ("étudiant en pharmacie inscrit")

"Registrar" means the Registrar of the College; ("registrateur")

"regulations" means the regulations made under this Act. ("règlements")

Schedules

   (2)  A reference in subsection (1) or in Part VI of this Act to Schedule A, B, C, D, E, F, G or N is a reference to such Schedule established by the regulations for the purposes of that Part.

References in other laws

   (2.1)  A reference in any other Act or regulation to a term as defined in subsection 117 (1) of this Act shall be deemed to be a reference to the same term as defined in subsection (1) of this section.

   (2)  The definition of "drug" in subsection 1 (1) of the Act, as enacted by subsection (1), is repealed and the following substituted:

"drug" means any substance or preparation containing any substance,

  (a)  manufactured, sold or represented for use in,

           (i)  the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal physical or mental state or the symptoms thereof, in humans, animals or fowl, or

          (ii)  restoring, correcting or modifying functions in humans, animals or fowl,

  (b)  referred to in Schedule I, II or III,

   (c)  listed in a publication named by the regulations, or

  (d)  named in the regulations,

but does not include,

  (e)  any substance or preparation referred to in clause (a), (b), (c) or (d) manufactured, offered for sale or sold as, or as part of, a food, drink or cosmetic,

    (f)  any "natural health product" as defined from time to time by the Natural Health Products Regulations under the Food and Drugs Act (Canada), unless the product is a substance that is identified in the regulations as being a drug for the purposes of this Act despite this clause, either specifically or by its membership in a class or its listing or identification in a publication,

  (g)  a substance or preparation named in Schedule U,

   (h)  a substance or preparation listed in a publication named by the regulations, or

    (i)  a substance or preparation that the regulations provide is not a drug; ("médicament")

   (3)  Subsection 1 (2) of the Act, as enacted by subsection (1), is repealed and the following substituted:

Schedules

   (2)  A reference in this Act to Schedule I, II, III or U is a reference to such Schedule established by the regulations.

   2.  Section 117 of the Act is repealed.

   3.  (1)  Subsection 118 (1) of the Act is amended by striking out "Part" in the portion before clause (a) and substituting "Act".

   (2)  Subsection 118 (2) of the Act is amended by striking out "Part" and substituting "Act".

   (3)  Subsection 118 (3) of the Act is amended by striking out "Part" and substituting "Act".

   4.  (1)  Subsection 139 (2) of the Act is amended by striking out "this Part" and substituting "this Act". 

   (2)  Paragraph 1 of subsection 139 (5) of the Act is amended by striking out "2, 3 and 5" and substituting "2 and 3".

   5.  (1)  Subsection 140 (1) of the Act is repealed and the following substituted:

Revocation of certificate and other disciplinary measures

   (1)  Where the Accreditation Committee has reason to believe that a pharmacy or its operation fails to conform to the requirements of this Act and the regulations or to any term, condition or limitation to which its certificate of accreditation is subject, or that an act of proprietary misconduct has been committed, the Committee may refer the person who has been issued a certificate of accreditation, a designated manager of the pharmacy operated by the person who has been issued a certificate of accreditation or the directors of a corporation which has been issued a certificate of accreditation to the Discipline Committee for a hearing and determination.

   (2)  Section 140 of the Act is amended by adding the following subsection:

References in Code

   (2.1)  For greater certainty, and without in any way restricting the application of subsection (2), a reference in section 37 of the Health Professions Procedural Code,

  (a)  to a "member" includes a person mentioned in subsection (1); and

  (b)  to a "certificate of registration" includes a certificate of accreditation.

   (3)  Subsection 140 (3.1) of the Act is repealed and the following substituted:

Orders

   (3.1)  A panel of the Discipline Committee may make an order doing any one or more of the following if it finds that a person who has been issued a certificate of accreditation or the directors of a corporation which has been issued a certificate of accreditation have established or operated a pharmacy in contravention of this Act or the regulations, or have committed an act or acts of proprietary misconduct:

    1.  Directing the Registrar to revoke the certificate.

    2.  Directing the Registrar to suspend the certificate for a specified period of time.

    3.  Requiring the payment of a fine of not more than $100,000 to the Minister of Finance, and directing who shall make the payment. 

    4.  Directing the Registrar to impose specified terms, conditions and limitations on the certificate for a specified period of time or indefinite period of time.

Same, designated manager

   (3.2)  Despite subsection (3), if a panel of the Discipline Committee finds that a designated manager has contravened a provision of this Act or the regulations, or has committed an act or acts of proprietary misconduct, the panel may make an order doing anything that may be done under subsection 51 (2) of the Health Professions Procedural Code, with any necessary modification.

   (4)  Subsection 140 (4) of the Act is repealed and the following substituted:

Cancellation for non-payment of fee

   (4)  The Registrar may revoke or suspend a certificate of accreditation for non-payment of the fee required under the by-laws after the person operating the pharmacy has been given at least 60 days notice of default and intention to revoke or suspend.

   (5)  Section 140 of the Act is amended by adding the following subsection:

Transitional

   (5)  A notice given by the Council under subsection (4) as it existed before the coming into force of subsection 5 (4) of Schedule L to the Health System Improvements Act, 2007 continues to be valid as if it had been made by the Registrar.

   6.  The Act is amended by adding the following section:

Publication of decisions

   140.1  (1)  The College shall publish a panel's decision and its reasons, or a summary of its reasons, in its annual report and may publish the decision and reasons or summary in any other publication of the College.

Publication of name

   (2)  In publishing a decision and reasons or summary under subsection (1), the College shall publish the name of the person who has been issued a certificate of accreditation, designated manager or director who was the subject of the proceeding if,

  (a)  the results of the proceeding may be obtained by a member of the public from the College's register; or

  (b)  the person, designated manager or director requests the publication of his or her name.

Withholding of name

   (3)  The College shall not publish the name of the person, designated manager or director who was the subject of the proceeding unless it is required to do so under subsection (2).

   7.  Subsection 142 (2) of the Act is amended by striking out "Ontario College of Pharmacists" at the end and substituting "College".

   8.  Section 143 of the Act is amended by striking out "licence" in the portion before clause (a) and substituting "certificate of registration".

   9.  (1)  Clause 144 (2) (a) of the Act is amended by striking out "licence" and substituting "certificate of registration".

   (2)  Clause 144 (2) (b) of the Act is amended by striking out "licence" and substituting "certificate of registration".

   10.  (1)  Clause 146 (1) (b) of the Act is repealed and the following substituted:

  (b)  it is managed by a pharmacist who is designated as the designated manager by the owner of the pharmacy.

   (2)  Section 146 of the Act is amended by adding the following subsection:

Designated manager

   (1.1)  Every owner of a pharmacy shall designate a designated manager for the pharmacy, and file notice of the designation with the College in accordance with the regulations.

   (3)  Subsection 146 (3) of the Act is repealed and the following substituted:

Display

   (3)  Every designated manager shall ensure that his or her name, certificate of registration, or both, are clearly and publicly displayed in the pharmacy.

   11.  (1)  Subsection 148 (1) of the Act is amended by striking out "this Part" and substituting "this Act".

   (2)  Subsection 148 (2) of the Act is repealed and the following substituted:

Documents and objects

   (2)  Any document or object that is kept in a pharmacy and is relevant to pharmacy practice and to an inspection under this Act shall be open to inspection by any inspector appointed under a by-law.

   12.  The Act is amended by adding the following sections:

Entries and searches

   148.1  (1)  A justice of the peace may, on the application of an inspector made without notice, issue a warrant authorizing an inspector to enter and search a place and examine any document or thing as specified in the warrant if the justice of the peace is satisfied that the inspector has been properly appointed and that there are reasonable and probable grounds established upon oath for believing that,

  (a)  a person has committed an act or proprietary misconduct or is in breach of this Act or the regulations; and

  (b)  there is something relevant to the inspection at the place.

Searches by day unless stated

   (2)  A warrant issued under subsection (1) may only be executed between 8 a.m. and 8 p.m., unless the warrant specifies otherwise.

Application for dwelling

   (3)  An application for a warrant under subsection (1) to enter a dwelling shall specifically indicate that the application relates to a dwelling.

Assistance and entry by force

   (4)  An inspector entering and searching a place under the authority of a warrant issued under subsection (1) may be assisted by other persons and may enter a place by force.

Inspector to show identification

   (5)  An inspector entering and searching a place under the authority of a warrant issued under subsection (1) shall produce his or her identification, on request, to any person at the place. 

Copying of documents and objects

   148.2  (1)  An inspector may copy, at the College's expense, a document or object that an inspector may examine under subsection 148 (2) or under the authority of a warrant issued under subsection 148.1 (1).

Removal of documents and objects

   (2)  An inspector may remove a document or object described in subsection (1) if,

  (a)  it is not practicable to copy it in the place where it is examined;

  (b)  a copy of it is not sufficient for the purposes of the inspection; or

   (c)  the object is a drug, and the inspector has provided a receipt.

Return of documents and objects or copies

   (3)  If it is practicable to copy a document or object removed under subsection (2), the inspector shall,

  (a)  if it was removed under clause (2) (a) or (c), return the document or object within a reasonable time; or

  (b)  if it was removed under clause (2) (b), provide the person who was in possession of the document or object with a copy of it within a reasonable time.

Copy as evidence

   (4)  A copy of a document or object certified by an inspector to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document or object itself.

Definition

   (5)  In this section, and for the purposes of subsection 148 (2),

"document" means a record of information in any form and includes any part of it. 

Commission powers

   148.3  For the purpose of determining whether a person mentioned in subsection 140 (1) has committed an act of proprietary misconduct or is in breach of this Act or the regulations, an inspector has all the powers of the commission under Part II of the Public Inquiries Act.

No obstruction

   148.4  No person shall obstruct an inspector acting under section 148, or under the authority of a warrant issued under subsection 148.1 (1), or conceal from an inspector or destroy anything that is relevant to an inspection.

   13.  (1)  Subsection 149 (1) of the Act is repealed and the following substituted:

Dispensing of drugs

   (1)  Subject to subsection (2), no person shall compound, dispense or sell any drug in a pharmacy other than,

  (a)  a pharmacist;

  (b)  an intern acting under the supervision of a pharmacist who is physically present;

   (c)  a registered pharmacy student acting under the supervision of a pharmacist who is physically present; or

  (d)  a pharmacy technician acting under the supervision of a pharmacist who is physically present.

   (2)  Subsection 149 (2) of the Act is repealed and the following substituted:

Exception

   (2)  Where a pharmacist or an intern is present in the pharmacy and available to the purchaser for consultation, subsection (1) does not apply to the sale in a pharmacy of a drug listed in Schedule III.

   14.  Section 150 of the Act is repealed and the following substituted:

Misrepresentation

   150.  No person shall sell any drug under the representation or pretence that it is a particular drug when the person knows or ought to have known that it is not that drug, or does not contain any substance that the drug is meant to contain.

   15.  Section 151 of the Act is repealed.

   16.  Section 152 of the Act is repealed and the following substituted:

Mailing or delivering certain drugs

   152.  (1)  Subject to subsection (2), a drug listed in Schedule I shall, if sent through the mail, only be sent by registered mail or, if delivered by another method, shall be delivered in a method that is both traceable and auditable, with a receipt for the drug signed by the patient or the patient's agent.

Exception, federal law

   (2)  Where a law of Canada permits a method of delivery of a drug other than provided for in subsection (1), the law of Canada prevails.

   17.  Section 153 of the Act is repealed and the following substituted:

Records of pharmacy

   153.  The designated manager of every pharmacy shall keep or cause to be kept a record of every purchase and sale of a drug referred to in the Schedules to the Controlled Drugs and Substances Act (Canada) or the Schedule to the Narcotic Control Regulations (Canada) in such form or manner as the regulations may prescribe.

   18.  Section 154 of the Act is repealed.

   19.  Section 155 of the Act is repealed and the following substituted:

Prescription drugs

   155.  (1)  Subject to the regulations, no person shall sell by retail any drug referred to in Schedule I, except on prescription given in such form, in such manner and under such conditions as the regulations prescribe.

Exception

   (2)  Subsection (1) does not apply to drugs listed in Schedule I that are sold in a container labelled by the manufacturer as for veterinary or agricultural use or sold in a form unsuitable for human use. 

   20.  The French version of subsection 157 (1) of the Act is amended by striking out "une ordonnance à remplir" and substituting "une ordonnance à préparer".

   21.  Section 158 of the Act is repealed and the following substituted:

Prescription from outside Ontario

   158.  A pharmacist may dispense a drug pursuant to a prescription authorized by a prescriber licensed to practise in a province or territory of Canada other than Ontario if, in the professional judgment of the pharmacist, the patient requires the drug.

   22.  Subsection 159 (2) of the Act is amended by striking out "Schedule A" and substituting "Schedule U".

   23.  Section 160 of the Act is amended by adding the following subsection:

Location where drugs accepted

   (4)  No member and no pharmacy shall receive any drug from a wholesale distributor of drugs other than at the location of a pharmacy which ordered the drugs except where appropriate in the best interest of a patient or patients.

   24.  Clause 160.1 (1) (a) of the Act is repealed and the following substituted:

  (a)  requiring members 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 members and the name and address of owners and designated managers of pharmacies and, if the pharmacy is owned by a corporation, of the directors of the corporation, and any changes to the information;

   25.  (1)  Clauses 161 (1) (a), (b) and (c) of the Act are repealed and the following substituted:

  (a)  establishing Schedules I, II, III and U for the purposes of this Act, and prescribing the substances that are to be included in those Schedules;

  (b)  naming or identifying substances for the purposes of the definition of "drug" in subsection 1 (1) and specifying the provisions of this Act that shall apply in respect of such substances;

   (c)  naming substances and preparations that are not drugs for the purposes of the definition of "drug" in subsection 1 (1);

(c.1) naming publications for the purposes of the definition of "drug" in subsection 1 (1) and specifying the provisions of this Act that shall apply in respect of substances named in those publications;

(c.2) governing matters relating to the sale in pharmacies of drugs or other specified substances or preparations;

   (2)  Clause 161 (1) (e) of the Act is repealed and the following substituted:

  (e)  prescribing the manner in which prescriptions shall be given in respect of the drugs referred to in Schedule I and the conditions under which such prescriptions may be given;

   (3)  Clause 161 (1) (g) of the Act is repealed and the following substituted:

  (g)  governing the manner in which records shall be kept of the purchase and sale of drugs or of any category or class of drug;

   (4)  Clauses 161 (1) (i) and (j) of the Act are repealed.

   (5)  Subsection 161 (1) of the Act is amended by adding the following clause:

(j.1)  governing the designation of designated managers;

   (6)  Clause 161 (1) (k.1) of the Act is amended by adding "and information to be furnished" after "returns to be made".

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

   (n)  providing for applications for certificates of accreditation of pharmacies, the issuance, suspension, revocation, expiration and renewal of such certificates, and anything ancillary to such issuance, suspension, revocation, expiration and renewal;

   (8)  Subsection 161 (1) of the Act is amended by adding the following clause:

   (u)  defining "proprietary misconduct" for the purposes of this Act and governing what constitutes an act of proprietary misconduct.

   (9)  Subsection 161 (2) of the Act is amended by adding "made by a body or organization independent of the College" after "or publication".

   (10)  Subsection 161 (4) of the Act is amended by adding "and shall, if it exists in electronic format, be posted on the College's website or made available through a hyperlink at the College's website" at the end.

   26.  Section 162 of the Act is amended by striking out "this Part" and substituting "this Act".

   27.  The Act is amended by adding the following section:

Order where public at risk

   162.1  (1)  Despite anything in the Pharmacy Act, 1991, the Regulated Health Professions Act, 1991 or the Health Professions Procedural Code, where it appears to the College that the continued operation of a pharmacy places or may place the public at risk, the College may apply to a judge of the Superior Court of Justice for an order immediately revoking or suspending the certificate of accreditation of the pharmacy.

Same

   (2)  The judge of the Superior Court of Justice hearing the application may make an order revoking or suspending the certificate or placing terms, conditions or limitations on the certificate or may make such other order related to the operation of the pharmacy in the public interest as the judge sees fit.

Appeal

   (3)  An appeal lies to the Divisional Court from an order made under subsection (2).

   28.  Section 165 of the Act is repealed and the following substituted:

General offence

   165.  Every person who contravenes any provision of this Act or the regulations for which no penalty is otherwise provided is guilty of an offence and on conviction is liable,

  (a)  in the case of an individual, to a fine not exceeding $25,000 for a first offence or $50,000 for a second or subsequent offence; or

  (b)  in the case of a corporation, to a fine not exceeding $50,000 for a first offence or $200,000 for a second or subsequent offence.

   29.  Section 166 of the Act is repealed and the following substituted:

Responsibility of owner and designated manager

   166.  (1)  Every owner and designated manager of a pharmacy, or either of them, is liable for every offence against this Act committed by any person in the employ of or under the supervision of the owner or designated manager with the owner's or designated manager's permission, consent or approval, express or implied, and every director of a corporation operating a pharmacy is liable for every offence against this Act committed by any person in the employ of the corporation with the director's permission, consent or approval, express or implied.

Same

   (2)  Where any person operates a pharmacy contrary to this Act or the regulations, the owner and designated manager of such pharmacy, or either of them, or any director of a corporation operating a pharmacy, may be proceeded against, and prosecution or conviction of any of them is not a bar to prosecution or conviction of another.

Drug Interchangeability and Dispensing Fee Act

   30.  The definition of "drug" in subsection 1 (1) of the Drug Interchangeability and Dispensing Fee Act is amended by striking out "subsection 117 (1) of".

Ontario Drug Benefit Act

   31.  The definition of "drug" in subsection 1 (1) of the Ontario Drug Benefit Act is amended by striking out "subsection 117 (1) of".

Regulated Health Professions Act, 1991

   32.  Paragraph 8 of subsection 27 (2) of the Regulated Health Professions Act, 1991 is amended by striking out "subsection 117 (1) of".

Commencement

   33.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Health System Improvements Act, 2007 receives Royal Assent.

Same

   (2)  Subsections 1 (2) and (3) and 13 (2), sections 15, 16, 17, 18, 19, 22 and 24 and subsections 25 (1), (2), (3) and (4) come into force on,

  (a)  the first anniversary of the day the Health System Improvements Act, 2007 receives Royal Assent; or

  (b)  an earlier day to be named by proclamation of the Lieutenant Governor.

SCHEDULE M
REGULATED HEALTH PROFESSIONS ACT, 1991

   1.  Subsection 1 (1) of the Regulated Health Professions Act, 1991 is amended by adding the following definition:

"personal information" means personal information within the meaning of the Freedom of Information and Protection of Privacy Act.  ("renseignements personnels")

   2.  (1)  Subsection 6 (2) of the Act is repealed.

   (2)  Section 6 of the Act is amended by adding the following subsections:

Content and form

   (4)  The Minister may specify the content and form of the annual reports submitted by the College and the Advisory Council and, where the Minister has done so, the annual reports shall contain that content and be in that form.

Minister may publish information

   (5)  The Minister may, in every year, publish information from the annual reports of the Colleges.

No personal information

   (6)  Information from the annual reports published by the Minister shall not include any personal information.

   3.  Subsection 9 (4) of the Act is repealed.

   4.  (1)  Subsection 24 (2) of the Act is amended by striking out "subsection 28 (3)" and substituting "paragraph 3 of subsection 28 (5)".

   (2)  Subsection 24 (4) of the Act is repealed and the following substituted:

Independence of experts

   (4)  A person engaged under subsection (3) shall be independent of the parties, and, in the case of a complaint review, of the Inquiries, Complaints and Reports Committee.

   5.  Section 26 of the Act is repealed.

   6.  Subsection 30 (1) of the Act is amended by striking out "physical" and substituting "bodily".

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

Confidentiality

   (1)  Every person employed, retained or appointed for the purposes of the administration of this Act, a health profession Act or the Drug and Pharmacies Regulation Act and every member of a Council or committee of a College shall keep confidential all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any information to any other person except,

  (a)  to the extent that the information is available to the public under this Act, a health profession Act or the Drug and Pharmacies Regulation Act;

  (b)  in connection with the administration of this Act, a health profession Act or the Drug and Pharmacies Regulation Act, including, without limiting the generality of this, in connection with anything relating to the registration of members, complaints about members, allegations of members' incapacity, incompetence or acts of professional misconduct or the governing of the profession;

   (c)  to a body that governs a profession inside or outside of Ontario;

  (d)  as may be required for the administration of the Drug Interchangeability and Dispensing Fee Act, the Healing Arts Radiation Protection Act, the Health Insurance Act, the Independent Health Facilities Act, the Laboratory and Specimen Collection Centre Licensing Act, the Ontario Drug Benefit Act, the Coroners Act, the Controlled Drugs and Substances Act (Canada) and the Food and Drugs Act (Canada);

  (e)  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;

    (f)  to the counsel of the person who is required to keep the information confidential under this section;

  (g)  to confirm whether the College is investigating a member, if there is a compelling public interest in the disclosure of that information;

   (h)  where disclosure of the information is required by an Act of the Legislature or an Act of Parliament;

    (i)  if there are reasonable grounds to believe that the disclosure is necessary for the purpose of eliminating or reducing a significant risk of serious bodily harm to a person or group of persons; or

    (j)  with the written consent of the person to whom the information relates. 

   (2)  Subsection 36 (1.2) of the Act is amended by striking out "clause (1) (d.1)" in the portion before the definition and substituting "clause (1) (e)".

   (3)  Subsection 36 (1.3) of the Act is amended by striking out "clause (1) (d.1)" and substituting "clause (1) (e)".

   (4)  Subsection 36 (1.4) of the Act is amended by striking out "clause (1) (d.1)" and substituting "clause (1) (e)".

   (5)  Section 36 of the Act is amended by adding the following subsection:

Confirmation of investigation

   (1.5)  Information disclosed under clause (l) (g) shall be limited to the fact that an investigation is or is not underway and shall not include any other information.

   8.  The Act is amended by adding the following section:

Collection of personal information by College

   36.1  (1)  At the request of the Minister, a College shall collect information directly from members of the College as is reasonably necessary for the purpose of Ministry health human resources planning.

Unique identifiers

   (2)  At the request of the Minister, a College shall assign a unique identifier for each member of the College from whom information is collected under subsection (1).

Members to provide information

   (3)  A member of a College who receives a request for information for the purpose of subsection (1) shall provide the information to the College within the time period and in the form and manner specified by the College.

Disclosure to Minister

   (4)  A College shall disclose the information collected under subsection (1) to the Minister within the time period and in the form and manner specified by the Minister.

Use by Minister

   (5)  The Minister may use and disclose the information only for the purpose set out under subsection (1), and shall not use or collect personal information if other information will serve the purpose, and shall not use or collect more personal information than is necessary for the purpose.

Reports

   (6)  The Minister may publish reports and other documents using information provided to him or her by a College under this section for the purpose set out in subsection (1), and for that purpose only, but the Minister shall not include any personal information about a member of a College in such reports or documents.

Notice required by s. 39 (2) of FIPPA

   (7)  If the Minister requires a College to collect personal information from its members under subsection (1), the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act is given by,

  (a)  a public notice posted on the Ministry's website; or

  (b)  any other public method that may be prescribed.

Same

   (8)  If the Minister publishes a notice referred to under subsection (7), the Minister shall advise the College of the notice and the College shall also publish a notice about the collection on the College's website within 20 days of receiving the advice from the Minister.

Definitions

   (9)  In this section,

"health human resources planning" means ensuring the sufficiency and appropriate distribution of health providers; ("planification des ressources humaines en santé")

"information" includes personal information; ("renseignements")

"Ministry" means the Ministry of Health and Long-Term Care.  ("ministère")

   9.  (1)  Subsection 37 (2) of the Act is amended by striking out "under a health profession Act".

   (2)  Section 37 of the Act is amended by adding the following subsection:

Injunctions

   (3)  Subsections (1) and (2) apply, with necessary modifications, to a person who is the subject of an application under section 87 of the Code.

   10.  Section 38 of the Act is amended by striking out "against the Advisory Council" and substituting "against the Crown, the Minister, an employee of the Crown, the Advisory Council".

   11.  Section 39 of the Act is repealed and the following substituted:

Service

   39.  (1)  A notice or decision to be given to a person under this Act, the Drug and Pharmacies Regulation Act or a health profession Act may be given by mail or by fax. 

When notice or decision given by mail received

   (2)  If a notice or decision is sent by mail addressed to a person at the person's last known address, there is a rebuttable presumption that it was received by the person on the fifth day after mailing.

When notice or decision given by fax received

   (3)  If a notice or decision is sent by fax to a person at the person's last known fax number, there is a rebuttable presumption that it was received by the person,

  (a)  on the day it was faxed, if faxed after midnight and before 4 p.m.; or

  (b)  on the following day, if faxed at any other time.

   12.  Section 40 of the Act is repealed and the following substituted:

Offences

   40.  (1)  Every person who contravenes subsection 27 (1) or 30 (1) is guilty of an offence and on conviction is liable, 

  (a)  for a first offence, to a fine of not more than $25,000, or to imprisonment for a term of not more than one year, or both; and

  (b)  for a second or subsequent offence, to a fine of not more than $50,000, or to imprisonment for a term of not more than one year, or both.

Same

   (2)  Every individual who contravenes section 31, 32 or 33 or subsection 34 (2), 34.1 (2) or 36 (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence.

Same

   (3)  Every corporation that contravenes section 31, 32 or 33 or subsection 34 (1), 34.1 (1) or 36 (1) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and not more than $200,000 for a second or subsequent offence.

   13.  Section 41 of the Act is amended by adding "for a first offence, and not more than $50,000 for a second or subsequent offence" at the end.

   14.  (1)  Subsection 42 (1) of the Act is amended by adding "for a first offence, and not more than $50,000 for a second or subsequent offence" at the end.

   (2)  Subsection 42 (2) of the Act is amended by adding "for a first offence, and not more than $50,000 for a second or subsequent offence" at the end.

   15.  The Act is amended by adding the following section:

No limitation

   42.1  Section 76 of the Provincial Offences Act does not apply to a prosecution under this Act, the Drug and Pharmacies Regulation Act or a health profession Act.

   16.  (1)  Subsection 43 (1) of the Act is amended by adding the following clause:

   (h)  for the purposes of clause 36.1 (7) (b), prescribing alternative methods of giving the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act.

   (2)  Subsection 43 (1) of the Act is amended by adding the following clause:

    (i)  prescribing information as information that is to be posted on a College website for the purposes of section 3.1 of the Code.

   17.  (1)  Subsection 1 (1) of Schedule 2 to the Act is amended by adding the following definition:

"alternative dispute resolution process" means mediation, conciliation, negotiation, or any other means of facilitating the resolution of issues in dispute; ("processus de règlement extrajudiciaire des différends")

   (2)  The English version of the definition of "health profession corporation" in subsection 1 (1) of the Schedule 2 to the Act is amended by striking out "certificate" and substituting "certificate of authorization".

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

"incapacitated" means, in relation to a member, that the member is suffering from a physical or mental condition or disorder that makes it desirable in the interest of the public that the member's practice be subject to terms, conditions or limitations, or that the member no longer be permitted to practise; ("frappé d'incapacité")

   (4)  The definition of "quality assurance program" in subsection 1 (1) of Schedule 2 to the Act is repealed and the following substituted:

"quality assurance program" means a program to assure the quality of the practice of the profession and to promote continuing evaluation, competence and improvement among the members; ("programme d'assurance de la qualité")

   18.  (1)  Paragraph 4 of subsection 3 (1) of Schedule 2 to the Act is repealed and the following substituted:

    4.  To develop, establish and maintain standards of knowledge and skill and programs to promote continuing evaluation, competence and improvement among the members.

   (2)  Paragraph 8 of subsection 3 (1) of Schedule 2 to the Act is repealed and the following substituted:

    8.  To promote and enhance relations between the College and its members, other health profession colleges, key stakeholders, and the public.

    9.  To promote inter-professional collaboration with other health profession colleges.

  10.  To develop, establish, and maintain standards and programs to promote the ability of members to respond to changes in practice environments, advances in technology and other emerging issues.

  11.  Any other objects relating to human health care that the Council considers desirable.

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

College website

   3.1  (1)  The College shall have a website, and shall include on its website information as may be prescribed in regulations made under clause 43 (1) (i) of the Regulated Health Professions Act, 1991.

Paper or electronic form

   (2)  Upon request and, if required by the College90

the payment of a reasonable fee, the College shall provide the information required to be posted under subsection (1) in paper or electronic form.

   20.  (1)  Subsection 7 (1) of Schedule 2 to the Act is repealed and the following substituted:

Meetings

   (1)  The meetings of the Council shall be open to the public and reasonable notice shall be given to the members of the College, to the Minister, and to the public.

   (2)  Clause 7 (2) (b) of Schedule 2 to the Act is repealed and the following substituted:

  (b)  financial or personal or other matters may be disclosed of such a nature that the harm created by the disclosure would outweigh the desirability of adhering to the principle that meetings be open to the public;

   (3)  The English version of subsection 7 (4) of Schedule 2 to the Act is repealed and the following substituted:

Grounds noted in minutes

   (4)  If the Council excludes the public from a meeting or makes an order under subsection (3), it shall have its grounds for doing so noted in the minutes of the meeting.

   21.  (1)  Paragraph 3 of subsection 10 (1) of Schedule 2 to the Act is repealed and the following substituted:

    3.  Inquiries, Complaints and Reports Committee.

   (2)  Section 10 of Schedule 2 to the Act is amended by adding the following subsection:

Transitional

   (1.1)  For greater certainty, where, at the time subsection 21 (1) of Schedule M to the Health System Improvements Act, 2007 comes into force, any matter that is before the Board based on anything done by the Committee formerly known as the Complaints Committee shall proceed as if the Board had the authority to do anything it could have done before the coming into force of sections 30 to 32 of that Schedule.

   22.  Section 11 of Schedule 2 to the Act is repealed and the following substituted:

Annual reports

   11.  (1)  Each committee named in subsection 10 (1) shall monitor and evaluate their processes and outcomes and shall annually submit a report of its activities to the Council in a form acceptable to the Council.

Exclusions from reports

   (2)  The Inquiries, Complaints and Reports Committee shall not submit a report that contains information, other than information of a general statistical nature, relating to,

  (a)  a referral by the Inquiries, Complaints and Reports Committee to the Discipline or Fitness to Practise Committee until a panel of the Discipline or Fitness to Practise Committee disposes of the matter;

  (b)  an approval for the Registrar to appoint an investigator until the investigation is completed and reported by the Registrar and the Inquiries, Complaints and Reports Committee decides not to make a referral with respect to the matter to the Discipline Committee or, if the Inquiries, Complaints and Reports Committee makes a referral with respect to the matter to the Discipline Committee, until a panel of the Discipline Committee disposes of the matter; or

   (c)  an interim order made by the Inquiries, Complaints and Reports Committee in respect of a member until a panel of the Discipline Committee disposes of the matter. 

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

Continuing jurisdiction

   (1)  A person whose certificate of registration is revoked or expires or who resigns as a member continues to be subject to the jurisdiction of the College for professional misconduct or incompetence referable to the time when the person was a member and may be investigated under section 75.

   (2)  Subsection 14 (2) of Schedule 2 to the Act is amended by adding "and may be investigated under section 75" at the end.

   24.  (1)  The English version of subsection 17 (1) of Schedule 2 to the Act is amended by striking out "reviewed" and substituting "considered".

   (2)  Subsection 17 (2) of Schedule 2 to the Act is repealed and the following substituted:

Composition of panels

   (2)  A panel shall be composed of at least three persons, at least one of whom shall be a person appointed to the Council by the Lieutenant Governor in Council.

   25.  (1)  The English version of subsection 19 (3) of Schedule 2 to the Act is amended by striking out "reviewed" and substituting "considered".

   (2)  Paragraph 3 of subsection 19 (6) of Schedule 2 to the Act is amended by striking out "impose" and substituting "modify".

   (3)  Subsection 19 (7) of Schedule 2 to the Act is repealed and the following substituted:

Limitations on applications

   (7)  When an application has been disposed of under this section, the applicant may not make a new application under subsection (1) within six months of the disposition without leave of the Registrar.

Registrar's leave

   (8)  The Registrar may only give leave for a new application to be made under subsection (7) if the Registrar is satisfied that there has been a material change in circumstances that justifies the giving of the leave.

   26.  Subsection 20 (2) of Schedule 2 to the Act is amended by adding "section 19 and of" after "provisions of".

   27.  (1)  Subsection 22 (4) of Schedule 2 to the Act is amended by striking out "sections 15 and 16" and substituting "sections 15, 15.1, 15.2 and 16".

   (2)  Subsection 22 (5) of Schedule 2 to the Act is amended by striking out "sections 15 and 16" and substituting "sections 15, 15.1, 15.2 and 16".

   (3)  Paragraph 4 of subsection 22 (6) of Schedule 2 to the Act is amended by adding "reasons and" after "together with any".

   28.  Section 23 of Schedule 2 to the Act is repealed and the following substituted:

Register

   23.  (1)  The Registrar shall maintain a register.

Contents of register

   (2)  The register shall contain the following:

    1.  Each member's name, business address and business telephone number, and, if applicable, the name of every health profession corporation of which the member is a shareholder.

    2.  The name, business address and business telephone number of every health profession corporation.

    3.  The names of the shareholders of each health profession corporation who are members of the College.

    4.  Each member's class of registration and specialist status.

    5.  The terms, conditions and limitations that are in effect on each certificate of registration.

    6.  A notation of every matter that has been referred by the Inquiries, Complaints and Reports Committee to the Discipline Committee under section 26 and has not been finally resolved, until the matter has been resolved.

    7.  The result, including a synopsis of the decision, of every disciplinary and incapacity proceeding, unless a panel of the relevant committee makes no finding with regard to the proceeding.

    8.  A notation of every finding of professional negligence or malpractice, which may or may not relate to the member's suitability to practise, made against the member, unless the finding is reversed on appeal.

    9.  A notation of every revocation or suspension of a certificate of registration.

  10.  A notation of every revocation or suspension of a certificate of authorization.

  11.  Information that a panel of the Registration, Discipline or Fitness to Practise Committee specifies shall be included.

  12.  Where findings of the Discipline Committee are appealed, a notation that they are under appeal, until the appeal is finally disposed of.

  13.  Where, during or as a result of a proceeding under section 25, a member has resigned and agreed never to practise again in Ontario, a notation of the resignation and agreement.

  14.  Information that is required to be kept in the register in accordance with the by-laws.

Publication ban

   (3)  No action shall be taken under this section which violates a publication ban, and nothing in this section requires or authorizes the violation of a publication ban.

Panels specifying information in register

   (4)  In disposing of a matter, a panel of the Registration, Discipline or Fitness to Practise Committee may, for the purposes of paragraph 11 of subsection (2), specify information that is to be included in the register in addition to the information specified in other paragraphs of subsection (2).

Access to information by the public

   (5)  All of the information required by paragraphs 1 to 13 of subsection (2) and all information designated as public in the by-laws shall, subject to subsections (6), (7), (8), (9) and (11), be made available to an individual during normal business hours, and shall be posted on the College's website in a manner that is accessible to the public or in any other manner and form specified by the Minister.

When information may be withheld from the public

   (6)  The Registrar may refuse to disclose to an individual or to post on the College's website an address or telephone number or other information designated as information to be withheld from the public in the by-laws if the Registrar has reasonable grounds to believe that disclosure may jeopardize the safety of an individual. 

Same

   (7)  The Registrar may refuse to disclose to an individual or to post on the College's website information that is available to the public under subsection (5), if the Registrar has reasonable grounds to believe that the information is obsolete and no longer relevant to the member's suitability to practise. 

Same, personal health information

   (8)  The Registrar shall not disclose to an individual or post on the College's website information that is available to the public under subsection (5) that is personal health information, unless the personal health information is that of a member and it is in the public interest that the information be disclosed.

Restriction, personal health information

   (9)  The Registrar shall not disclose to an individual or post on the College's website under subsection (8) more personal health information than is reasonably necessary.

Personal health information

   (10)  In subsections (8) and (9),

"personal health information" means information that identifies an individual and that is referred to in clauses (a) through (g) of the definition of "personal health information" in subsection 4 (1) of the Personal Health Information Protection Act, 2004.

Other cases when information may be withheld

   (11)  The Registrar shall refuse to disclose to an individual or to post on the College's website information required by paragraph 7 of subsection (2) if,

  (a)  a finding of professional misconduct was made against the member and the order made was only a reprimand or only a fine, or a finding of incapacity was made against the member;

  (b)  more than six years have passed since the information was prepared or last updated;

   (c)  the member has made an application to the relevant committee for the removal of the information from public access because the information is no longer relevant to the member's suitability to practise, and if,

           (i)  the relevant committee believes that a refusal to disclose the information outweighs the desirability of public access to the information in the interest of any person affected or the public interest, and

          (ii)  the relevant committee has directed the Registrar to remove the information from public access; and

  (d)  the information does not relate to disciplinary proceedings concerning sexual abuse as defined in clause (a) or (b) of the definition of "sexual abuse" in subsection 1 (3).

Information from register

   (12)  The Registrar shall provide to an individual a copy of any information in the register that the individual is entitled to obtain, upon the payment of a reasonable fee, if required. 

Positive obligation

   (13)  Subject to subsection (11), where an individual inquires about a member, the Registrar shall make reasonable efforts to ensure that the individual is provided with a list of the information that is available to the public under subsection (5).

Meaning of results of proceeding

   (14)  For the purpose of this section and section 56,

"result", when used in reference to a disciplinary or incapacity proceeding, means the panel's finding, particulars of the grounds for the finding, and the order made, including any reprimand.

   29.  Section 24 of Schedule 2 to the Act is amended,

  (a)  by striking out "of default and"; and

  (b)  by striking out "two months" and substituting "30 days".

   30.  The heading before section 25 and sections 25, 26, 27, 28 and 29 of Schedule 2 to the Act are repealed and the following substituted:

Complaints And Reports

Panel for investigation or consideration

   25.  (1)  A panel shall be selected by the chair of the Inquiries, Complaints and Reports Committee from among the members of the Committee to investigate a complaint filed with the Registrar regarding the conduct or actions of a member or to consider a report that is made by the Registrar under clause 79 (a).

Composition

   (2)  A panel shall be composed of at least three persons, at least one of whom shall be a person appointed to the Council by the Lieutenant Governor in Council.

Quorum

   (3)  Three members of a panel constitute a quorum.

Complaint must be recorded

   (4)  A panel shall not be selected to investigate a complaint unless the complaint is in writing or is recorded on a tape, film, disk or other medium.

Complainant to be informed

   (5)  The Registrar shall give a complainant notice of receipt of his or her complaint and a general explanation of the processes of the College, including the jurisdiction and role of the Inquiries, Complaints and Reports Committee, together with a copy of the provisions of sections 28 to 29.

Notice to member

   (6)  The Registrar shall give the member, within 14 days of receipt of the complaint or the report,

  (a)  notice of the complaint, together with a copy of the provisions of sections 28 to 29, or notice of the receipt of the report;

  (b)  a copy of the provisions of section 25.2; and

   (c)  a copy of all available prior decisions involving the member unless the decision was to take no further action under subsection 26 (5).

Alternative dispute resolution with respect to a complaint

   25.1  (1)  The Registrar may, with the consent of both the complainant and the member, refer the complainant and the member to an alternative dispute resolution process,

  (a)  if the matter has not yet been referred to the Discipline Committee under section 26; and

  (b)  if the matter does not involve an allegation of sexual abuse.

Confidentiality

   (2)  Despite this or any other Act, all communications at an alternative dispute resolution process and the facilitator's notes and records shall remain confidential and be deemed to have been made without prejudice to the parties in any proceeding.

Facilitator not to participate

   (3)  The person who acts as the alternative dispute resolution facilitator shall not participate in any proceeding concerning the same matter.

Ratification of resolution

   (4)  If the complainant and the member reach a resolution of the complaint through alternative dispute resolution, they shall advise the panel of the resolution, and the panel may,

  (a)  cease its investigation of the complaint and adopt the proposed resolution; or

  (b)  continue with its investigation of the complaint.

Submissions by member

   25.2  (1)  A member who is the subject of a complaint or a report may make written submissions to the Inquiries, Complaints and Reports Committee within 30 days of receiving notice under subsection 25 (6).

Exception

   (2)  The Inquiries, Complaints and Reports Committee may specify a period of time of less than 30 days in which the member may make written submissions, and inform the member to that effect, if the Committee is of the opinion, on reasonable and probable grounds, that the conduct of the member exposes or is likely to expose his or her patients to harm or injury.

What a panel may do

   26.  (1)  A panel, after investigating a complaint or considering a report, considering the submissions of the member and making reasonable efforts to consider all records and documents it considers relevant to the complaint or the report, may do any one or more of the following:

    1.  Refer a specified allegation of the member's professional misconduct or incompetence to the Discipline Committee if the allegation is related to the complaint or the report.

    2.  Refer the member to a panel of the Inquiries, Complaints and Reports Committee under section 58 for incapacity proceedings.

    3.  Require the member to appear before a panel of the Inquiries, Complaints and Reports Committee to be cautioned.

    4.  Take action it considers appropriate that is not inconsistent with the health profession Act, this Code, the regulations or by-laws. 

Prior decisions

   (2)  A panel of the Inquiries, Complaints and Reports Committee shall, when investigating a complaint or considering a report currently before it, consider all of its available prior decisions involving the member, including decisions made when that committee was known as the Complaints Committee, and all available prior decisions involving the member of the Discipline Committee, the Fitness to Practise Committee and the Executive Committee, unless the decision was to take no further action under subsection (5).

Quality assurance

   (3)  In exercising its powers under paragraph 4 of subsection (1), the panel may not refer the matter to the Quality Assurance Committee, but may require a member to complete a specified continuing education or remediation program.  

Complaint in bad faith, etc.

   (4)  If the panel considers a complaint to be frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, it shall give the complainant and the member notice that it intends to take no action with respect to the complaint and that the complainant and the member have a right to make written submissions within 30 days after receiving the notice.

Same

   (5)  If the panel is satisfied, after considering the written submissions of the complainant and the member, that a complaint was frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process, the panel shall not take action with respect to the complaint.

Notice of decision

   27.  (1)  A panel shall give the complainant and the member who is the subject of the complaint,

  (a)  a copy of its decision;

  (b)  a copy of its reasons, if the panel acted under paragraph 3 or 4 of subsection 26 (1); and

   (c)  a notice advising the member and the complainant of any right to request a review they may have under subsection 29 (2). 

Same, report

   (2)  A panel shall give the member, in the case of a report,

  (a)  a copy of its decision; and

  (b)  a copy of its reasons, if the panel acted under paragraph 3 or 4 of subsection 26 (1).

Timely disposal

   28.  (1)  A panel shall dispose of a complaint within 150 days after the filing of the complaint.

Not affected by ADR

   (2)  A referral to an alternative dispute resolution process under section 25.1 does not affect the time requirements under this section. 

If complaint not disposed of

   (3)  If a panel has not disposed of a complaint within 150 days after the complaint was filed, the Registrar shall provide the complainant with written notice of that fact and an expected date of disposition which shall be no more than 60 days from the date of the written notice.

If further delay

   (4)  If a panel has not disposed of the complaint by the expected date of disposition described in subsection (3), the Registrar shall,

  (a)  provide the member and complainant with written notice and reasons for the delay and the new expected date of disposition which shall be no more than 30 days from the date of the revised notice or from the expected date of disposition described in subsection (3), whichever is sooner; and

  (b)  provide the Board with written notice of and reasons for the delay as were provided to the member and complainant.

Powers of the Board

   (5)  The Board, on application of the member or the complainant, shall consider the written reasons for the delay and shall do any one of the following:

    1.  Direct the Inquiries, Complaints and Reports Committee to continue the investigation.

    2.  Make recommendations the Board considers appropriate to the Inquiries, Complaints and Reports Committee.

    3.  Investigate the complaint and make an order under subsection (9) within 120 days of the decision to investigate the complaint.

Board's investigatory powers

   (6)  In investigating a complaint under paragraph 3 of subsection (5), the Board has all the powers of a panel of the Inquiries, Complaints and Reports Committee and of the Registrar with respect to the investigation of the matter and may appoint an investigator under clause 75 (1) (c).

Continuing power of Inquiries, Complaints and Reports Committee

   (7)  The Inquiries, Complaints and Reports Committee may take action under section 26 at any time before the Board completes its investigation.

Same

   (8)  For greater certainty, if the Inquiries, Complaints and Reports Committee takes action as provided for in subsection (7), the Board no longer has jurisdiction to take action under section 26.

Powers of Board re an investigation

   (9)  After an investigation, the Board may do any one or more of the following:

    1.  Refer the matter to the Inquiries, Complaints and Reports Committee.

    2.  Make recommendations the Board considers appropriate to the Inquiries, Complaints and Reports Committee.

    3.  Require the Inquiries, Complaints and Reports Committee or a panel to do anything the Committee or a panel may do under the health profession Act and this Code except to request the Registrar to conduct an investigation. 

Powers of Board re time limits

   28.1  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)  a requirement, under subsection 21 (1), for a review or hearing by the Board;

  (b)  a request, under subsection 29 (2), for a review by the Board; or

   (c)  the Registrar's obligation to give to the Board, under subsection 32 (1), a record of an investigation of a complaint against a member and all relevant documents and things.

Review by Board

   29.  (1)  Subject to section 30, the Board shall review a decision of a panel of the Inquiries, Complaints and Reports Committee if the Board receives a request under subsection (2).

Request for review

   (2)  The complainant or the member who is the subject of the complaint may request the Board to review a decision of a panel of the Inquiries, Complaints and Reports Committee unless the decision was,

  (a)  to refer an allegation of professional misconduct or incompetence to the Discipline Committee; or

  (b)  to refer the member to a panel of the Inquiries, Complaints and Reports Committee under section 58 for incapacity proceedings.

Time limit

   (3)  A request for a review may be made only within 30 days after the receipt of the notice of the right to request a review given under clause 27 (1) (c).

Limitation

   (4)  The Board shall not, under section 28.1, extend the time limit set out in subsection (3) for more than 60 days.

Parties

   (5)  The complainant and the member who is the subject of the complaint are parties to a review. 

   31.  (1)  Subsection 30 (2) of Schedule 2 to the Act is amended by striking out "bad faith or" and substituting "bad faith, moot or".

   (2)  Subsection 30 (3) of Schedule 2 to the Act is amended by striking out "bad faith or" and substituting "bad faith, moot or".

   32.  (1)  Paragraph 2 of subsection 35 (1) of Schedule 2 to the Act is amended by striking out "Complaints Committee" and substituting "Inquiries, Complaints and Reports Committee".

   (2)  Paragraph 3 of subsection 35 (1) of Schedule 2 to the Act is amended by striking out "Complaints Committee" and substituting "Inquiries, Complaints and Reports Committee".

   (3)  Subsection 35 (2) of Schedule 2 to the Act is amended by striking out "Complaints Committee" and substituting "Inquiries, Complaints and Reports Committee".

   33.  (1)  Subsection 36 (1) of Schedule 2 to the Act is repealed and the following substituted:

Inquiries, Complaints and Reports Committee referral

   (1)  The Inquiries, Complaints and Reports Committee may refer a specified allegation of a member's professional misconduct or incompetence to the Discipline Committee.

   (2)  Subsection 36 (2) of Schedule 2 to the Act is amended by striking out "Executive Committee" and substituting "Inquiries, Complaints and Reports Committee".

   34.  (1)  Subsection 37 (1) of Schedule 2 to the Act is amended by striking out "Executive Committee" in the portion before clause (a) and substituting "Inquiries, Complaints and Reports Committee".

   (2)  Subsection 37 (2) of Schedule 2 to the Act is amended by striking out "Executive Committee" in the portion before clause (a) and substituting "Inquiries, Complaints and Reports Committee".

   (3)  Subsection 37 (5) of Schedule 2 to the Act is repealed and the following substituted:

Restrictions on orders

   (5)  No order shall be made under subsection (1) unless the member has been given,

  (a)  notice of the Committee's intention to make the order; and

  (b)  at least 14 days to make written submissions to the Committee.

Extraordinary action to protect public

   (6)  Despite subsection (5), an order may be made under subsection (1) without notice to the member, subject to the right of the member to make submissions while the suspension or the terms, conditions or limitations are in place, if the Committee is of the opinion, on reasonable and probable grounds, that the conduct of the member exposes or is likely to expose his or her patients to harm or injury and urgent intervention is needed.

   35.  Subsection 38 (1) of Schedule 2 to the Act is amended by striking out "Executive or Complaints Committee" at the end and substituting "Inquiries, Complaints and Reports Committee".

   36.  Subsection 41.1 (1) of Schedule 2 to the Act is amended by striking out the portion before clause (a) and substituting the following:

Non-party participation in hearings

   (1)  A panel, on application by a person who is not a party, may allow the person to participate in a hearing if,

.     .     .     .     .

   37.  Clause 45 (2) (b) of Schedule 2 to the Act is repealed and the following substituted:

  (b)  financial or personal or other matters may be disclosed at the hearing of such a nature that the harm created by disclosure would outweigh the desirability of adhering to the principle that hearings be open to the public;

   38.  Section 46 of Schedule 2 to the Act is repealed and the following substituted:

Exception to closed hearings

   46.  If a panel makes an order under subsection 45 (2) wholly or partly in relation to a person, the panel may allow the person and his or her personal representative to attend the hearing and may, in its discretion, allow another person to attend if, in the opinion of the panel, to do so does not undermine the reasons for making the order and does not cause undue prejudice to a party. 

   39.  (1)  Subsection 51 (1) of Schedule 2 to the Act is amended by adding the following clause:

(b.0.1) the member has failed to co-operate with the Quality Assurance Committee or any assessor appointed by that committee;

   (2)  Subsection 51 (4) of Schedule 2 to the Act is amended by striking out "an order" and substituting "all or part of an order".

   40.  (1)  Subsection 52 (1) of Schedule 2 to the Act is amended by striking out "or disregard for the welfare of the patient".

   (2)  The English version of paragraph 3 of subsection 52 (2) of Schedule 2 to the Act is amended by striking out "or indefinite period of time" at the end and substituting "period of time or indefinite period of time".

   (3)  Subsection 52 (3) of Schedule 2 to the Act is amended by adding "paragraph 2 or 3 of" after "order under".

   41.  Section 54 of Schedule 2 to the Act is amended by striking out "Complaints Committee" and substituting "Inquiries, Complaints and Reports Committee".

   42.  Section 57 of Schedule 2 to the Act is amended by striking out "Executive Committee" at the end and substituting "Inquiries, Complaints and Reports Committee".

   43.  Section 58 of Schedule 2 to the Act is repealed and the following substituted:

Panel shall inquire

   58.  (1)  A panel selected by the chair of the Inquiries, Complaints and Reports Committee from among the members of the Committee shall inquire into whether a member is incapacitated if,

  (a)  the Inquiries, Complaints and Reports Committee receives a report from the Registrar under section 57; or

  (b)  a referral is made from a panel of the Inquiries, Complaints and Reports Committee under paragraph 2 of subsection 26 (1).

Notice to member

   (2)  The Inquiries, Complaints and Reports Committee shall give a member notice that it intends to inquire into whether the member is incapacitated.

Transitional

   (3)  A board of inquiry that was constituted under this section, as it existed immediately before the coming into force of section 43 of Schedule M to the Health System Improvements Act, 2007, shall be deemed to continue to be validly constituted and to have the authority to do anything that it could have done before the coming into force of section 44 of that Schedule, and where the board of inquiry was to give a copy of a report to the Executive Committee, that Committee may continue to act with respect to that matter and shall have the authority to do anything it could have done before the coming into force of sections 44 to 47 of that Schedule.

   44.  Sections 59, 60 and 61 of Schedule 2 to the Act are repealed and the following substituted:

Inquiries by panel

   59.  (1)  A panel shall make the inquiries it considers appropriate.

Physical or mental examinations

   (2)  If, after making inquiries, a panel has reasonable and probable grounds to believe that the member who is the subject of the inquiry is incapacitated, the panel may require the member to submit to physical or mental examinations conducted or ordered by a health professional specified by the panel and may, subject to section 63, make an order directing the Registrar to suspend the member's certificate of registration until he or she submits to the examinations.

Panel's report

   60.  The panel shall give a copy of its report and a copy of any report on an examination required under subsection 59 (2) to the member who was the subject of the inquiry. 

Referral to Fitness to Practise Committee

   61.  After giving a copy of its report and copy of any report on an examination required under subsection 59 (2) to the member, the panel may refer the matter to the Fitness to Practise Committee. 

   45.  (1)  Subsection 62 (1) of Schedule 2 to the Act is amended by striking out "The Executive Committee" at the beginning of the portion before clause (a) and substituting "The panel".

   (2)  Subsection 62 (2) of Schedule 2 to the Act is amended by striking out "by the Executive Committee" in the portion before clause (a).

   46.  Section 63 of Schedule 2 to the Act is repealed and the following substituted:

Restrictions on orders

   63.  (1)  No order shall be made with respect to a member under subsection 59 (2) or 62 (1) unless the member has been given,

  (a)  notice of the intention to make the order;

  (b)  at least 14 days to make written submissions to the panel; and

   (c)  in the case of an order under subsection 62 (1), a copy of the provisions of section 62. 

Extraordinary action to protect the public

   (2)  Despite subsection (1), an order may be made without notice to the member, subject to the right of the member to make submissions while the suspension is in place to the panel that made the order, if the panel is of the opinion on reasonable and probable grounds that the physical or mental state of the member exposes or is likely to expose his or her patients to harm or injury and urgent intervention is needed.

   47.  (1)  Subsection 64 (1) of Schedule 2 to the Act is amended by striking out "the Executive Committee" at the end and substituting "a panel of the Inquiries, Complaints and Reports Committee".

   (2)  Subsection 64 (2) of Schedule 2 to the Act is amended by striking out "one" and substituting "at least one".

   48.  Section 67 of Schedule 2 to the Act is amended by striking out "panel" in the portion before paragraph 1 and substituting "panel of the Fitness to Practise Committee".

   49.  (1)  Subsection 68 (1) of Schedule 2 to the Act is amended by adding "by a panel of the Fitness to Practise Committee" after "hearing".

   (2)  Clause 68 (2) (b) of Schedule 2 to the Act is repealed and the following substituted:

  (b)  financial or personal matters or other matters may be disclosed at the hearing of such a nature that the harm created by disclosure would outweigh the desirability of adhering to the principle that hearings be open to the public;

   50.  (1)  The English version of paragraph 3 of subsection 69 (1) of Schedule 2 to the Act is amended by striking out "or indefinite period of time" at the end and substituting "period of time or indefinite period of time".

   (2)  Subsection 69 (2) of Schedule 2 to the Act is amended by adding "paragraph 2 or 3 of" after "order under".

   (3)  Section 69 of Schedule 2 to the Act is amended by adding the following subsections:

Varying

   (3)  A member or the College may apply to the Fitness to Practise Committee for an order directing the Registrar to remove or modify any term, condition or limitation imposed on the member's certificate of registration as a result of paragraph 3 of subsection (1) and the chair may select a panel to deal with the application.

Limitations

   (4)  The right to apply under subsection (3) is subject to any limitation in the order or to which the member consented and to any limitation made under subsection (5) in the disposition of a previous application to vary.

Limitations on applications

   (5)  The panel, in disposing of an application by a member under subsection (3), may fix a period of time not longer than six months during which the member may not make a further application.

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

Order where public at risk

   71.2  If the conduct of the member exposes or is likely to expose his or her patients to harm or injury and urgent intervention is needed, the College may apply to a judge of the Superior Court of Justice for an order declaring that an order that was made by a panel of the Discipline Committee on the grounds of professional misconduct and that directs the Registrar to revoke, suspend or impose terms, conditions or limitations on a member's certificate shall take effect immediately despite any appeal and any other Act.

   52.  Subsections 72 (2) and (3) of Schedule 2 to the Act are repealed and the following substituted:

Time of application

   (2)  An application under subsection (1) shall not be made earlier than,

  (a)  one year after the date on which the certificate of registration was revoked or suspended; or

  (b)  six months after a decision has been made in a previous application under subsection (1). 

Time of application, sexual abuse cases

   (3)  An application under subsection (1), in relation to a revocation for sexual abuse of a patient, shall not be made earlier than,

  (a)  five years after the date on which the certificate of registration was revoked; or

  (b)  six months after a decision has been made in a previous application under subsection (1). 

Notice where complainant

   (4)  The Registrar shall give the complainant in the original proceeding notice of an application under subsection (1).

Reasons for reinstatement

   (5)  The person making the application under subsection (1) shall provide reasons why the certificate should be issued or the suspension be removed.

   53.  Section 75 of Schedule 2 to the Act is repealed and the following substituted:

Investigators

   75.  (1)  The Registrar may appoint one or more investigators to determine whether a member has committed an act of professional misconduct or is incompetent if,

  (a)  the Registrar believes on reasonable and probable grounds that the member has committed an act of professional misconduct or is incompetent and the Inquiries, Complaints and Reports Committee approves of the appointment;

  (b)  the Inquiries, Complaints and Reports Committee has received information about a member from the Quality Assurance Committee under paragraph 4 of subsection 80.2 (1) and has requested the Registrar to conduct an investigation; or

   (c)  the Inquiries, Complaints and Reports Committee has received a written complaint about the member and has requested the Registrar to conduct an investigation. 

Emergencies

   (2)  The Registrar may appoint an investigator if,

  (a)  the Registrar believes on reasonable and probable grounds that the conduct of the member exposes or is likely to expose his or her patients to harm or injury, and that the investigator should be appointed immediately; and

  (b)  there is not time to seek approval from the Inquiries, Complaints and Reports Committee.

Report

   (3)  Where an investigator has been appointed under subsection (2), the Registrar shall report the appointment of the investigator to the Inquiries, Complaints and Reports Committee within five days.

   54.  Subsection 76 (2) of Schedule 2 to the Act is amended by striking out "the business premises of the member" and substituting "the place of practice of the member".

   55.  Subsections 77 (1) and (2) of Schedule 2 to the Act are repealed and the following substituted:

Entries and searches

   (1)  A justice of the peace may, on the application of the investigator made without notice, issue a warrant authorizing an investigator to enter and search a place and examine any document or thing specified in the warrant if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds established upon oath for believing that,

  (a)  the member being investigated has committed an act of professional misconduct or is incompetent; and

  (b)  there is something relevant to the investigation at the place.

Hours of execution

   (2)  A warrant issued under subsection (1) may be executed only between 8 a.m. and 8 p.m. unless the warrant specifies otherwise.

Application for dwelling

   (2.1)  An application for a warrant under subsection (1) to enter a dwelling shall specifically indicate that the application relates to a dwelling.

   56.  Section 79 of Schedule 2 to the Act is repealed and the following substituted:

Report of investigation

   79.  The Registrar shall report the results of an investigation to,

  (a)  the Inquiries, Complaints and Reports Committee if the investigator was appointed under clause 75 (1) (a) or (b) or subsection 75 (2);

  (b)  the Inquiries, Complaints and Reports Committee if the investigator was appointed under clause 75 (1) (c), at the request of the Inquiries, Complaints and Reports Committee; or

   (c)  the Board if the investigator was appointed under clause 75 (1) (c) by the Board exercising the Registrar's powers under subsection 28 (6). 

   57.  Section 79.1 of Schedule 2 to the Act is repealed.

   58.  Schedule 2 to the Act is amended by adding the following sections:

Minimum requirements for quality assurance program

   80.1  A quality assurance program prescribed under section 80 shall include,

  (a)  continuing education or professional development designed to,

           (i)  promote continuing competence and continuing quality improvement among the members,

          (ii)  address changes in practice environments, and

         (iii)  incorporate standards of practice, advances in technology, changes made to entry to practice competencies and other relevant issues in the discretion of the Council;

  (b)  self, peer and practice assessments; and

   (c)  a mechanism for the College to monitor members' participation in, and compliance with, the quality assurance program.

Powers of the Committee

   80.2  (1)  The Quality Assurance Committee may do only one or more of the following:

    1.  Require individual members whose knowledge, skill and judgment have been assessed under section 82 and found to be unsatisfactory to participate in specified continuing education or remediation programs.

    2.  Direct the Registrar to impose terms, conditions or limitations for a specified period to be determined by the Committee on the certificate of registration of a member,

            i.  whose knowledge, skill and judgment have been assessed or reassessed under section 82 and have been found to be unsatisfactory, or

           ii.  who has been directed to participate in specified continuing education or remediation programs as required by the Committee under paragraph 1 and has not completed those programs successfully.

    3.  Direct the Registrar to remove terms, conditions or limitations before the end of the specified period, if the Committee is satisfied that the member's knowledge, skill and judgment are now satisfactory.

    4.  Disclose the name of the member and allegations against the member to the Inquiries, Complaints and Reports Committee if the Quality Assurance Committee is of the opinion that the member may have committed an act of professional misconduct, or may be incompetent or incapacitated.

Notice

   (2)  No direction shall be given to the Registrar under paragraph 2 of subsection (1) unless the member has been given notice of the Quality Assurance Committee's intention to give direction, and at least 14 days to make written submissions to the Committee.

   59.  (1)  Subsection 83 (1) of Schedule 2 to the Act is amended by striking out "Except as provided in this section" at the beginning of the portion before clause (a) and substituting "Except as provided in section 80.2 and in this section".

   (2)  Subsection 83 (2) of Schedule 2 to the Act is repealed and the following substituted:

Exception if member gave false information

   (2)  Where relevant to a proceeding before a committee, information described in subsection (1) may be disclosed to that committee for the purpose of showing that the member knowingly gave false information to the Quality Assurance Committee or an assessor.

   (3)  Subsection 83 (3) of Schedule 2 to the Act is repealed.

   60.  (1)  Subsection 84 (2) of Schedule 2 to the Act is amended by striking out "preventing or" and substituting "preventing and".

   (2)  Subsection 84 (3) of Schedule 2 to the Act is amended by striking out "preventing or" in the portion before clause (a) and substituting "preventing and".

   61.  Subsection 85.2 (1) of Schedule 2 to the Act is amended by striking out "has sexually abused a patient" at the end and substituting "is incompetent, incapacitated, or has sexually abused a patient".

   62.  (1)  Subsection 85.3 (2) of Schedule 2 to the Act is repealed and the following substituted:

Timing of report

   (2)  The report must be filed within 30 days after the obligation to report arises unless the person who is required to file the report has reasonable grounds to believe that the member will continue to sexually abuse the patient or will sexually abuse other patients, or that the incompetence or the incapacity of the member is likely to expose a patient to harm or injury and there is urgent need for intervention, in which case the report must be filed forthwith.

   (2)  Clause 85.3 (3) (c) of Schedule 2 to the Act is repealed and the following substituted:

   (c)  an explanation of the alleged sexual abuse, incompetence or incapacity;

   63.  Schedule 2 to the Act is amended by adding the following sections:

Reporting by members re: offences

   85.6.1  (1)  A member shall file a report in writing if the member has been found guilty of an offence.

Timing of report

   (2)  The report must be filed as soon as reasonably practicable after the member receives notice of the finding of guilt.

Contents of report

   (3)  The report must contain,

  (a)  the name of the member filing the report;

  (b)  the nature of, and a description of the offence;

   (c)  the date the member was found guilty of the offence;

  (d)  the name and location of the court that found the member guilty of the offence; and

  (e)  the status of any appeal initiated respecting the finding of guilt.

Publication ban

   (4)  The report shall not contain any information that violates a publication ban.

Same

   (5)  No action shall be taken under this section which violates a publication ban and nothing in this section requires or authorizes the violation of a publication ban.

Additional reports

   (6)  A member who files a report under subsection (1) shall file an additional report if there is a change in status of the finding of guilt as the result of an appeal.

Reporting by members re: professional negligence and malpractice

   85.6.2  (1)  A member shall file a report in writing if there has been a finding of professional negligence or malpractice made against the member.

Timing of report

   (2)  The report must be filed as soon as reasonably practicable after the member receives notice of the finding made against the member.

Contents of report

   (3)  The report must contain,

  (a)  the name of the member filing the report;

  (b)  the nature of, and a description of the finding;

   (c)  the date that the finding was made against the member;

  (d)  the name and location of the court that made the finding against the member;  and

  (e)  the status of any appeal initiated respecting the finding made against the member.

Publication ban

   (4)  The report shall not contain any information that violates a publication ban.

Same

   (5)  No action shall be taken under this section which violates a publication ban and nothing in this section requires or authorizes the violation of a publication ban.

Additional reports

   (6)  A member who files a report under subsection (1) shall file an additional report if there is a change in status of the finding made against the member as the result of an appeal.

   64.  Subsection 85.7 (10) of Schedule 2 to the Act is repealed and the following substituted:

Same

   (10)  Funding may be used to pay for therapy or counselling that was provided at any time after the sexual abuse took place.

   65.  Paragraphs 1 and 2 of section 85.10 of Schedule 2 to the Act are repealed and the following substituted:

    1.  The Regulated Health Professions Act, 1991 and the regulations made under that Act.

    2.  The health profession Act governing the member's health profession and the regulations and by-laws made under that Act.

   66.  Paragraph 6 of subsection 85.11 (2) of Schedule 2 to the Act is repealed and the following substituted:

    6.  An inquiry by a panel of the Inquiries, Complaints and Reports Committee.

   67.  Clauses 85.14 (2) (a) and (b) of Schedule 2 to the Act are repealed and the following substituted:

  (a)  the Regulated Health Professions Act, 1991 and the regulations made under that Act; or

  (b)  the health profession Act governing the member's health profession and the regulations and by-laws made under that Act.

   68.  Section 86 of Schedule 2 to the Act is amended by adding the following subsection:

Language preferences

   (1.1)  The College shall identify and record the language preference of each College member and identify the language preference of each member of the public who has dealings with the College.

   69.  Section 85.9 of Schedule 2 to the Act is amended by adding "who are members of the College" at the end.

   70.  Section 91 of Schedule 2 to the Act is repealed.

   71.  Section 92 of Schedule 2 to the Act is repealed and the following substituted:

Making false representations to obtain certificates

   92.  (1)  Every person who makes a representation, knowing it to be false,

  (a)  for the purpose of having a certificate of registration issued is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence; or

  (b)  for the purpose of having a certificate of authorization issued is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and not more than $200,000 for a second or subsequent offence.

Assisting the making of false representation

   (2)  Every person who knowingly assists a person in committing an offence under subsection (1) is guilty of an offence and on conviction is liable,

  (a)  in the case of an individual, to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence; or

  (b)  in the case of a corporation, to a fine of not more than $50,000 for a first offence and not more than $200,000 for a second or subsequent offence.

   72.  Section 93 of Schedule 2 to the Act is repealed and the following substituted:

Offence

   93.  (1)  Every person who contravenes an order made under subsection 7 (3), or section 45 or 47, or subsection 76 (3), 82 (2) or (3), or who contravenes subsection 85.2 (1), 85.5 (1) or (2) or section 92.1 is guilty of an offence and on conviction is liable,

  (a)  in the case of an individual to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence; or

  (b)  in the case of a corporation to a fine of not more than $50,000 for a first offence and not more than $200,000 for a second or subsequent offence.

Same

   (2)  Every person who contravenes subsection 85.1 (1) or 85.4 (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence. 

   73.  (1)  Clause 94 (1) (l.1) of Schedule 2 to the Act is amended by striking out "subsection 23 (3)" at the end and substituting "section 23".

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

(1.2) prescribing information as information to be kept in the register for the purposes of paragraph 14 of subsection 23 (2), designating information kept in the register as public for the purposes of subsection 23 (5), and designating information kept in the register as public for the purposes of subsection 23 (5) that may be withheld from the public for the purposes of subsection 23 (6); 

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

Copies of by-laws, etc.

   (3)  A copy of the by-laws and standards of practice made by the Council, and any documents that are referred to in the by-laws and regulations made by the Council shall be given to the Minister and to each member and shall be made available to the public during normal business hours in the office of the College. 

Public copies

   (3.1)  Any person is entitled to a copy of any by-law, standard of practice or other document mentioned in subsection (3) on the payment of a reasonable fee, if required, to the Registrar.

   74.  (1)  Clause 95 (1) (f) of Schedule 2 to the Act is amended by striking out "as set" and substituting "as set and approved".

   (2)  Subsections 95 (1.2) and (1.3) of Schedule 2 to the Act are repealed and the following substituted:

Rolling incorporation

   (1.2)  If a regulation under subsection (1.1) so provides, a scientific, administrative or technical document 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. 

Third party external document

   (1.2.1)  A document adopted under subsection (1.2) must be a document created by a recognized body and must not be a document created by the College.

Exception

   (1.2.2)  Despite subsection (1.2.1), the incorporation by reference of a document created by the College that was made before the coming into force of that subsection remains valid until it is revoked.

Copies available for inspection

   (1.3)  A copy of every 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 and shall be posted on the College's website or be available through a hyperlink at the College's website. 

   (3)  Section 95 of Schedule 2 to the Act is amended by adding the following subsection:

Adopted documents

   (1.7)  Subsections (1.4) and (1.6) apply with necessary modifications to an amendment to a scientific, administrative or technical document adopted by reference under subsection (1.1).

   (4)  Subsections 95 (2.1) and (2.2) of Schedule 2 to the Act are repealed.

Commencement

   75.  (1)  Subject to subsection (2), this Schedule comes into force on,

  (a)  the second anniversary of the day the Health System Improvements Act, 2007 receives Royal Assent; or

  (b)  an earlier day to be named by proclamation of the Lieutenant Governor.

Same

   (2)  This section, sections 1, 7, 8 and 10 to 15, subsections 16 (1), 17 (3) and 27 (1) and (2) and sections 54, 55, 70, 71 and 72 come into force on the day the Health System Improvements Act, 2007 receives Royal Assent.

schedule N
Chase McEachern Act (Heart Defibrillator Civil Liability), 2007

Definitions

   1.  In this Act,

"defibrillator" means an automated external medical heart monitor and defibrillator that is capable of,

  (a)  recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia,

  (b)  determining, without intervention by an operator, whether defibrillation should be performed,

   (c)  automatically charging and requesting delivery of an electrical impulse to an individual's heart as medically required, and

  (d)  satisfying any other criteria that may be prescribed by regulation; ("défibrillateur")

"emergency" means a situation during which the behaviour of an individual reasonably leads another individual to believe that the first individual is experiencing a life-threatening event that requires the provision of immediate care to assist the heart or other cardiopulmonary functioning of that person; ("situation d'urgence")

"health care professional" means,

  (a)  a member of a College of a health profession set out in Schedule 1 to the Regulated Health Professions Act, 1991,

  (b)  such other persons or classes of persons as may be prescribed. ("professionnel de la santé")

Protection from civil liability, user of defibrillator

   2.  (1)  Despite the rules of common law, a person described in subsection (2) who, in good faith, voluntarily and without reasonable expectation of compensation or reward uses a defibrillator on a person experiencing an emergency is not liable for damages that result from the person's negligence in acting or failing to act while using the defibrillator, unless it is established that the damages were caused by the gross negligence of the person.

Persons covered

   (2)  Subsection (1) applies to,

  (a)  a health care professional, if the health care professional does not use the defibrillator at a hospital or other place having appropriate health care facilities and equipment for the purpose of defibrillation; and

  (b)  an individual, other than a health care professional described in clause (a), who uses a defibrillator at the immediate scene of an emergency.

Reimbursement of expenses

   (3)  Reasonable reimbursement that a person receives for expenses that the person reasonably incurs in using a defibrillator shall be deemed not to be compensation or reward for the purpose of subsection (1).

Protection from civil liability, owner or operator of premises

   3.  (1)  Despite the Occupiers' Liability Act and the rules of common law, any person who owns or occupies premises where a defibrillator is made available for use and who acts in good faith with respect to the availability or use of the defibrillator is exempt from civil liability for any harm or damage that may occur from the use of the defibrillator.

Exception

   (2)  Subsection (1) does not exempt the person who owns or occupies the premises where a defibrillator is made available for use from civil liability if,

  (a)  that person acts with gross negligence with respect to making the defibrillator available;

  (b)  that person fails to properly maintain the defibrillator; or

   (c)  the premises where the defibrillator is made available for use is a hospital or other premises used primarily for the purpose of providing health care to individuals.

Regulations

   4.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing criteria for the purpose of the definition of "defibrillator" in section 1;

  (b)  prescribing persons or classes of persons for the purposes of the definition of "health care professional" in section 1;

   (c)  governing standards for the proper maintenance of defibrillators;

  (d)  respecting any matter necessary or advisable to carry out effectively the purposes of this Act.

Applies to the Crown

   5.  This Act applies to the Crown and any agency of the Crown. 

Commencement

   6.  (1)  Subject to subsection (2), the Act set out in this Schedule comes into force on the day the Health System Improvements Act, 2007 receives Royal Assent.

Same

   (2)  Sections 1 to 5 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   7.  The short title of the Act set out in this Schedule is the Chase McEachern Act (Heart Defibrillator Civil Liability), 2007.

schedule o
Kinesiology Act, 2007

Definitions

   1.  In this Act,

"College" means the College of Kinesiologists of Ontario; ("Ordre")

"Health Professions Procedural Code" means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; ("Code des professions de la santé")

"member" means a member of the College; ("membre")

"profession" means the profession of kinesiology; ("profession")

"this Act" includes the Health Professions Procedural Code.  ("la présente loi")

Health Professions Procedural Code

   2.  (1)  The Health Professions Procedural Code shall be deemed to be part of this Act.

Same, interpretation

   (2)  In the Health Professions Procedural Code, as it applies in respect of this Act,

"College" means the College of Kinesiologists of Ontario; ("ordre")

"health profession Act" means this Act; ("loi sur une profession de la santé")

"profession" means the profession of kinesiology; ("profession")

"regulations" means the regulations under this Act.  ("règlements")

Definitions in Code

   (3)  Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act.

Scope of practice

   3.  The practice of kinesiology is the assessment of human movement and performance and its rehabilitation and management to maintain, rehabilitate or enhance movement and performance.

College established

   4.  The College is established under the name College of Kinesiologists of Ontario in English and Ordre des kinésiologues de l'Ontario in French.

Council

   5.  (1)  The Council shall be composed of,

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

  (b)  at least six and no more than eight persons appointed by the Lieutenant Governor in Council who are not,

           (i)  members,

          (ii)  members of a College as defined in the Regulated Health Professions Act, 1991, or

         (iii)  members of a Council as defined in the Regulated Health Professions Act, 1991;

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

Who can vote in elections

   (2)  Subject to the by-laws, every member who practises or resides in Ontario and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council.

President and Vice-President

   6.  The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council's members.

Restricted titles

   7.  (1)  No person other than a member shall use the title "kinesiologist", a variation or abbreviation or an equivalent in another language.

Representations of qualification, etc.

   (2)  No person other than a member shall hold himself or herself out as a person who is qualified to practise in Ontario as a kinesiologist or in a specialty of kinesiology.

Definition

   (3)  In this section,

"abbreviation" includes an abbreviation of a variation.

Notice if suggestions referred to Advisory Council

   8.  (1)  The Registrar shall give a notice to each member if the Minister refers to the Advisory Council, as defined in the Regulated Health Professions Act, 1991, a suggested,

  (a)  amendment to this Act;

  (b)  amendment to a regulation made by the Council; or

   (c)  regulation to be made by the Council.

Requirements re notice

   (2)  A notice mentioned in subsection (1) shall set out the suggestion referred to the Advisory Council and the notice shall be given within 30 days after the Council of the College receives the Minister's notice of the suggestion.

Offence

   9.  Every person who contravenes subsection 7 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence.

By-laws

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

Transition before certain provisions in force

   11.  (1)  The Lieutenant Governor in Council may appoint a transitional Council.

Powers of transitional Council

   (2)  Before section 5 comes into force, the transitional Council and its employees and committees may do anything that is necessary or advisable for the implementation of this Act and anything that the Council and its employees and committees could do under this Act.

Same

   (3)  Without limiting the generality of subsection (2), the transitional Council and the Council's committees may accept and process applications for the issuance of certificates of registration, charge application fees and issue certificates of registration.

Powers of the Minister

   (4)  The Minister may,

  (a)  review the transitional Council's activities and require the transitional Council to provide reports and information;

  (b)  require the transitional Council to make, amend or revoke a regulation under this Act;

   (c)  require the transitional Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act and the Regulated Health Professions Act, 1991.

Transitional Council to comply with Minister's request

   (5)  If the Minister requires the transitional Council to do anything under subsection (4), the transitional Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report.

Regulations

   (6)  If the Minister requires the transitional Council to make, amend or revoke a regulation under clause (4) (b) and the transitional Council does not do so within 60 days, the Lieutenant Governor in Council may make, amend or revoke the regulation.

Same

   (7)  Subsection (6) does not give the Lieutenant Governor in Council authority to do anything that the transitional Council does not have authority to do.

Expenses

   (8)  The Minister may pay the transitional Council for expenses incurred in complying with a requirement under subsection (4).

Transition after certain provisions in force

   12.  After section 5 comes into force, the transitional Council shall be the Council of the College if it is constituted in accordance with subsection 5 (1) or, if it is not, it shall be deemed to be the Council of the College until a new Council is constituted in accordance with subsection 5 (1).

Complementary Amendments

Health Care Consent Act, 1996

   13.  The definition of "health practitioner" in subsection 2 (1) of the Health Care Consent Act, 1996 is amended by adding the following clause:

(g.1) a member of the College of Kinesiologists of Ontario,

Regulated Health Professions Act, 1991

   14.  Schedule 1 to the Regulated Health Professions Act, 1991 is amended by adding the following:

Commencement

   15.  (1)  Subject to subsection (2), the Act set out in this Schedule comes into force on the day the Health System Improvements Act, 2007 receives Royal Assent.

Same

   (2)  Sections 3 to 10 and 12 to 14 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   16.  The short title of the Act set out in this Schedule is the Kinesiology Act, 2007.

schedule p
Naturopathy Act, 2007

Definitions

   1.  In this Act,

"College" means the College of Naturopaths of Ontario; ("Ordre")

"Health Professions Procedural Code" means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; ("Code des professions de la santé")

"member" means a member of the College; ("membre")

"prescribed" means prescribed in the regulations; ("prescrit")

"profession" means the profession of naturopathy; ("profession")

"this Act" includes the Health Professions Procedural Code. ("la présente loi")

Health Professions Procedural Code

   2.  (1)  The Health Professions Procedural Code shall be deemed to be part of this Act.

Same, interpretation

   (2)  In the Health Professions Procedural Code, as it applies in respect of this Act,

"College" means the College of Naturopaths of Ontario; ("ordre")

"health profession Act" means this Act; ("loi sur une profession de la santé")

"profession" means the profession of naturopathy; ("profession")

"regulations" means the regulations under this Act.  ("règlements")

Definitions in Code

   (3)  Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act.

Scope of practice

   3.  The practice of naturopathy is the assessment of diseases, disorders and dysfunctions and the naturopathic diagnosis and treatment of diseases, disorders and dysfunctions using naturopathic techniques to promote, maintain or restore health.

Authorized acts

   4.  (1)  In the course of engaging in the practice of naturopathy, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:

    1.  Putting an instrument, hand or finger beyond the labia majora but not beyond the cervix.

    2.  Putting an instrument, hand or finger beyond the anal verge but not beyond the rectal-sigmoidal junction.

    3.  Administering, by injection or inhalation, a prescribed substance.

    4.  Performing prescribed procedures involving moving the joints of the spine beyond the individual's usual physiological range of motion using a fast, low amplitude thrust.

    5.  Communicating a naturopathic diagnosis identifying, as the cause of an individual's symptoms, a disease, disorder or dysfunction that may be identified through an assessment that uses naturopathic techniques.

    6.  Taking blood samples from veins or by skin pricking for the purpose of prescribed naturopathic examinations on the samples.

Additional requirements for authorized acts

   (2)  A member shall not perform a procedure under the authority of subsection (1) unless the member performs the procedure in accordance with the regulations.

Grounds for misconduct

   (3)  In addition to the grounds set out in subsection 51 (1) of the Health Professions Procedural Code, a panel of the Discipline Committee shall find that a member has committed an act of professional misconduct if the member contravenes subsection (2).

College established

   5.  The College is established under the name College of Naturopaths of Ontario in English and Ordre des naturopathes de l'Ontario in French.

Council

   6.  (1)  The Council shall be composed of,

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

  (b)  at least five and no more than eight persons appointed by the Lieutenant Governor in Council who are not,

           (i)  members,

          (ii)  members of a College as defined in the Regulated Health Professions Act, 1991, or

         (iii)  members of a Council as defined in the Regulated Health Professions Act, 1991.

Who can vote in elections

   (2)  Subject to the by-laws, every member who practises or resides in Ontario and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council.

President and Vice-President

   7.  The Council shall have a President and a Vice-President who shall be elected annually by the Council from among the Council's members.

Restricted titles

   8.  (1)  No person other than a member shall use the title "naturopath", a variation or abbreviation or an equivalent in another language.

Representations of qualification, etc.

   (2)  No person other than a member shall hold himself or herself out as a person who is qualified to practise in Ontario as a naturopath or in a specialty of naturopathy.

Definition

   (3)  In this section,

"abbreviation" includes an abbreviation of a variation.

Notice if suggestions referred to Advisory Council

   9.  (1)  The Registrar shall give a notice to each member if the Minister refers to the Advisory Council, as defined in the Regulated Health Professions Act, 1991, a suggested,

  (a)  amendment to this Act;

  (b)  amendment to a regulation made by the Council; or

   (c)  regulation to be made by the Council.

Requirements re notice

   (2)  A notice mentioned in subsection (1) shall set out the suggestion referred to the Advisory Council and the notice shall be given within 30 days after the Council of the College receives the Minister's notice of the suggestion.

Offence

   10.  Every person who contravenes subsection 8 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence.

Regulations

   11.  Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,

  (a)  prescribing standards of practice respecting the circumstances in which naturopaths shall make referrals to members of other regulated health professions;

  (b)  prescribing therapies involving the practice of naturopathy, governing the use of prescribed therapies and prohibiting the use of therapies other than the prescribed therapies in the course of the practice of naturopathy;

   (c)  governing the performance of a procedure under paragraphs 1 and 2 of subsection 4 (1) and prescribing the purposes for which, or the circumstances in which, the procedure may be performed;

  (d)  prescribing the substances that a member may administer by injection or inhalation for the purpose of paragraph 3 of subsection 4 (1) and prescribing the purposes for which, or the circumstances in which, the prescribed substances may be administered;

  (e)  prescribing procedures that may be performed under paragraph 4 of subsection 4 (1), governing the performance of the procedures and prescribing the purposes for which, or the circumstances in which, the prescribed procedures may be performed and prohibiting the performance of procedures other than the prescribed procedures;

    (f)  prescribing naturopathic examinations for the purposes of paragraph 6 of subsection 4 (1), prescribing the purposes for which, or the circumstances in which, the prescribed naturopathic examinations may be performed and prohibiting the performance of examinations other than the prescribed naturopathic examinations.  

Transition before certain provisions in force

   12.  (1)  The Lieutenant Governor in Council may appoint a transitional Council.

Certain members

   (2)  Without restricting the generality of subsection (1), the Lieutenant Governor in Council shall appoint as members of the transitional Council every person who is a member of The Board of Directors of Drugless Therapy under the Drugless Practitioners Act on the day this section comes into force, and every person who subsequently becomes a member of that Board, and may set their terms of office for the purposes of this Act.

Registrar

   (3)  The Lieutenant Governor in Council may appoint a Registrar who may do anything that the Registrar may do under the Regulated Health Professions Act, 1991.

Powers of transitional Council and Registrar

   (4)  Before section 6 comes into force, the Registrar, the transitional Council and its employees and committees may do anything that is necessary or advisable for the implementation of this Act and anything that the Registrar, the Council, and its employees and committees could do under this Act.

Same

   (5)  Without limiting the generality of subsection (4), the transitional Council and the Registrar and the Council's committees may accept and process applications for the issuance of certificates of registration, charge application fees and issue certificates of registration.

Powers of the Minister

   (6)  The Minister may,

  (a)  review the transitional Council's activities and require the transitional Council to provide reports and information;

  (b)  require the transitional Council to make, amend or revoke a regulation under this Act;

   (c)  require the transitional Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act and the Regulated Health Professions Act, 1991.

Transitional Council to comply with Minister's request

   (7)  If the Minister requires the transitional Council to do anything under subsection (6), the transitional Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report.

Regulations

   (8)  If the Minister requires the transitional Council to make, amend or revoke a regulation under clause (6) (b) and the transitional Council does not do so within 60 days, the Lieutenant Governor in Council may make, amend or revoke the regulation.

Same

   (9)  Subsection (8) does not give the Lieutenant Governor in Council authority to do anything that the transitional Council does not have authority to do.

Expenses

   (10)  The Minister may pay the transitional Council for expenses incurred in complying with a requirement under subsection (6).

Transition after certain provisions in force

   13.  (1)  After section 6 comes into force, the transitional Council shall be the Council of the College if it is constituted in accordance with subsection 6 (1) or, if it is not, it shall be deemed to be the Council of the College until a new Council is constituted in accordance with subsection 6 (1).

Registrar

   (2)  After section 6 comes into force, the Registrar appointed by the Lieutenant Governor in Council shall be deemed to be the Registrar until a new Registrar is appointed by the Council constituted under subsection 6 (1).

Transitional, certain members

   (3)  A person who was registered to practise under the Drugless Practitioners Act by The Board of Directors of Drugless Therapy immediately before section 6 came into force shall be deemed to be a holder of a certificate of registration issued under this Act, subject to any term, condition, limitation, suspension or cancellation to which the person's certificate of registration was subject.

Same – investigation or discipline

   (4)  Where, before section 6 comes into force, an investigation or proceeding respecting an allegation of misconduct, incompetence or other discipline matter was commenced under the Drugless Practitioners Act and its regulations by The Board of Directors of Drugless Therapy, on the day section 6 comes into force,

  (a)  the investigation or proceeding shall be taken up and continued under this Act so far as consistently may be;

  (b)  The Board of Directors of Drugless Therapy, as it existed immediately before the coming into force of section 6 shall be deemed to be the appropriate committee under this Act to deal with the investigation or proceeding until others are appointed in their stead; and

   (c)  in the recovery or enforcement of penalties and in the enforcement of rights existing under the Drugless Practitioners Act, the procedure established under this Act shall be followed so far as it may be adapted. 

Same – assets and liabilities

   (5)  After section 6 comes into force, the assets owned by or under the management and control of, and the liabilities of The Board of Directors of Drugless Therapy under the Drugless Practitioners Act immediately before the coming into force are, without compensation, assets owned by or under the management and control and liabilities of the College.

Complementary Amendments and Repeal

Drugless Practitioners Act

   14.  (1)  The Drugless Practitioners Act is repealed.

   (2)  Regulation 278 of the Revised Regulations of Ontario, 1990 (General) is revoked.

Health Care Consent Act, 1996

   15.  Clause (s) of the definition of "health practitioner" in subsection 2 (1) of the Health Care Consent Act, 1996 is repealed and the following substituted:

   (s)  a member of the College of Naturopaths of Ontario, or

Health Insurance Act

   16.  Subsection 37 (4) of the Health Insurance Act is amended by striking out "the Drugless Practitioners Act".

Health Protection and Promotion Act

   17.  Clause (f) of the definition of "practitioner" in subsection 25 (2) of the Health Protection and Promotion Act is repealed and the following substituted:

    (f)  a member of the College of Naturopaths of Ontario.

Laboratory and Specimen Collection Centre Licensing Act

   18.  The definitions of "laboratory" and "specimen collection centre" in section 5 of the Laboratory and Specimen Collection Centre Licensing Act are repealed and the following substituted:

"laboratory" means an institution, building or place in which operations and procedures for the microbiological, serological, chemical, hematological, biophysical, immunohematological, cytological, pathological, cytogenetic, molecular genetic or genetic examination, or such other examinations as are prescribed by the regulations, of specimens taken from the human body are performed to obtain information for medical diagnosis, prophylaxis or treatment; ("laboratoire")

"specimen collection centre" means a place where specimens are taken or collected from the human body for examination to obtain information for medical diagnosis, prophylaxis or treatment, but does not include,

  (a)  a place where a legally qualified medical practitioner is engaged in the practice of medicine or surgery,

  (b)  a place where a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991 is engaged in the practice of nursing, or

   (c)  a laboratory that is established, operated or maintained under a licence under this Act; ("centre de prélèvement")

Personal Health Information Protection Act, 2004

   19.  Clause (b) of the definition of "health care practitioner" in section 2 of the Personal Health Information Protection Act, 2004 is repealed.

Regulated Health Professions Act, 1991

   20.  (1)  Section 33 of the Regulated Health Professions Act, 1991 is amended by adding the following subsections:

Same

   (1.1)  Subsection (1) does not apply to a person who is a member of the College of Naturopaths of Ontario.

Naturopathic doctor

   (1.2)  A member referred to in subsection (1.1) shall not use the title "doctor" in written format without using the phrase, "naturopathic doctor", immediately following his or her name.

   (2)  The Table to the Act is amended by adding the following item:

   (3)  Schedule 1 to the Act is amended by adding the following:

Commencement

   21.  (1)  Subject to subsection (2), the Act set out in this Schedule comes into force on the day the Health System Improvements Act, 2007 receives Royal Assent.

Same

   (2)  Sections 1 to 20 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   22.  The short title of the Act set out in this Schedule is the Naturopathy Act, 2007.

schedule Q
Homeopathy Act, 2007

Definitions

   1.  In this Act,

"College" means the College of Homeopaths of Ontario; ("Ordre")

"Health Professions Procedural Code" means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; ("Code des professions de la santé")

"member" means a member of the College; ("membre")

"prescribed" means prescribed in the regulations; ("prescrit")

"profession" means the profession of homeopathy; ("profession")

"this Act" includes the Health Professions Procedural Code. ("la présente loi")

Health Professions Procedural Code

   2.  (1)  The Health Professions Procedural Code shall be deemed to be part of this Act.

Same, interpretation

   (2)  In the Health Professions Procedural Code, as it applies in respect of this Act,

"College" means the College of Homeopaths of Ontario; ("ordre")

"health profession Act" means this Act; ("loi sur une profession de la santé")

"profession" means the profession of homeopathy; ("profession")

"regulations" means the regulations under this Act.  ("règlements")

Definitions in Code

   (3)  Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act.

Scope of practice

   3.  The practice of homeopathy is the assessment of body system disorders and treatment using homeopathic techniques to promote, maintain or restore health.

College established

   4.  The College is established under the name College of Homeopaths of Ontario in English and Ordre des homéopathes de l'Ontario in French.

Council

   5.  (1)  The Council shall be composed of,

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

  (b)  at least five and no more than eight persons appointed by the Lieutenant Governor in Council who are not,

           (i)  members,

          (ii)  members of a College as defined in the Regulated Health Professions Act, 1991, or

         (iii)  members of a Council as defined in the Regulated Health Professions Act, 1991.

Who can vote in elections

   (2)  Subject to the by-laws, every member who practises or resides in Ontario and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council.

President and Vice-President

   6.  The Council shall have a President and a Vice-President who shall be elected annually by the Council from among the Council's members.

Restricted titles

   7.  (1)  No person other than a member shall use the title "homeopath", a variation or abbreviation or an equivalent in another language.

Representations of qualification, etc.

   (2)  No person other than a member shall hold himself or herself out as a person who is qualified to practise in Ontario as a homeopath or in a specialty of homeopathy.

Definition

   (3)  In this section,

"abbreviation" includes an abbreviation of a variation.

Notice if suggestions referred to Advisory Council

   8.  (1)  The Registrar shall give a notice to each member if the Minister refers to the Advisory Council, as defined in the Regulated Health Professions Act, 1991, a suggested,

  (a)  amendment to this Act;

  (b)  amendment to a regulation made by the Council; or

   (c)  regulation to be made by the Council.

Requirements re notice

   (2)  A notice mentioned in subsection (1) shall set out the suggestion referred to the Advisory Council and the notice shall be given within 30 days after the Council of the College receives the Minister's notice of the suggestion.

Offence

   9.  Every person who contravenes subsection 7 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence.

Regulations

   10.  Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,

  (a)  prescribing standards of practice respecting the circumstances in which homeopaths shall make referrals to members of other regulated health professions;

  (b)  prescribing therapies involving the practice of homeopathy, governing the use of the prescribed therapies and prohibiting the use of therapies other than the prescribed therapies in the course of the practice of homeopathy.

Transition before certain provisions in force

   11.  (1)  The Lieutenant Governor in Council may appoint a transitional Council.

Registrar

   (2)  The Lieutenant Governor in Council may appoint a Registrar who may do anything that the Registrar may do under the Regulated Health Professions Act, 1991.

Powers of transitional Council and Registrar

   (3)  Before section 5 comes into force, the Registrar, the transitional Council and its employees and committees may do anything that is necessary or advisable for the implementation of this Act and anything that the Registrar, the Council, and its employees and committees could do under this Act.

Same

   (4)  Without limiting the generality of subsection (3), the transitional Council and the Registrar and the Council's committees may accept and process applications for the issuance of certificates of registration, charge application fees and issue certificates of registration.

Powers of the Minister

   (5)  The Minister may,

  (a)  review the transitional Council's activities and require the transitional Council to provide reports and information;

  (b)  require the transitional Council to make, amend or revoke a regulation under this Act;

   (c)  require the transitional Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act and the Regulated Health Professions Act, 1991.

Transitional Council to comply with Minister's request

   (6)  If the Minister requires the transitional Council to do anything under subsection (5), the transitional Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report.

Regulations

   (7)  If the Minister requires the transitional Council to make, amend or revoke a regulation under clause (5) (b) and the transitional Council does not do so within 60 days, the Lieutenant Governor in Council may make, amend or revoke the regulation.

Same

   (8)  Subsection (7) does not give the Lieutenant Governor in Council authority to do anything that the transitional Council does not have authority to do.

Expenses

   (9)  The Minister may pay the transitional Council for expenses incurred in complying with a requirement under subsection (5).

Transition after certain provisions in force

   12.  (1)  After section 5 comes into force, the transitional Council shall be the Council of the College if it is constituted in accordance with subsection 5 (1) or, if it is not, it shall be deemed to be the Council of the College until a new Council is constituted in accordance with subsection 5 (1).

Registrar

   (2)  After section 5 comes into force, the Registrar appointed by the Lieutenant Governor in Council shall be deemed to be the Registrar until a new Registrar is appointed by the Council constituted under subsection 5 (1).

Complementary Amendments

Health Care Consent Act, 1996

   13.  The definition of "health practitioner" in subsection 2 (1) of the Health Care Consent Act, 1996 is amended by adding the following clause:

(g.1) a member of the College of Homeopaths of Ontario,

Regulated Health Professions Act, 1991

   14.  Schedule 1 to the Regulated Health Professions Act, 1991 is amended by adding the following:

Commencement

   15.  (1)  Subject to subsection (2), the Act set out in this Schedule comes into force on the day the Health System Improvements Act, 2007 receives Royal Assent.

Same

   (2)  Sections 3 to 10 and 12 to 14 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   16.  The short title of the Act set out in this Schedule is the Homeopathy Act, 2007.

schedule R
psychotherapy act, 2007

Definitions

   1.  In this Act,

"College" means the College of Psychotherapists and Registered Mental Health Therapists of Ontario; ("Ordre")

"Health Professions Procedural Code" means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; ("Code des professions de la santé")

"member" means a member of the College; ("membre")

"profession" means the profession of psychotherapy; ("profession")

"this Act" includes the Health Professions Procedural Code. ("la présente loi")

Health Professions Procedural Code

   2.  (1)  The Health Professions Procedural Code shall be deemed to be part of this Act.

Same, interpretation

   (2)  In the Health Professions Procedural Code, as it applies in respect of this Act,

"College" means the College of Psychotherapists and Registered Mental Health Therapists of Ontario; ("ordre")

"health profession Act" means this Act; ("loi sur une profession de la santé")

"profession" means the profession of psychotherapy; ("profession")

"regulations" means the regulations under this Act.  ("règlements")

Definitions in Code

   (3)  Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act.

Scope of practice

   3.  The practice of psychotherapy is the assessment and treatment of cognitive, emotional or behavioural disturbances by psychotherapeutic means, delivered through a therapeutic relationship based primarily on verbal or non-verbal communication.

Authorized Act

   4.  In the course of engaging in the practice of psychotherapy, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to treat, by means of psychotherapy technique delivered through a therapeutic relationship, an individual's serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual's judgement, insight, behaviour, communication or social functioning.

College established

   5.  The College is established under the name College of Psychotherapists and Registered Mental Health Therapists of Ontario in English and Ordre des psychothérapeutes et des thérapeutes autorisés en santé mentale de l'Ontario in French.

Council

   6.  (1)  The Council shall be composed of,

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

  (b)  at least five and no more than eight persons appointed by the Lieutenant Governor in Council who are not,

           (i)  members,

          (ii)  members of a College as defined in the Regulated Health Professions Act, 1991, or

         (iii)  members of a Council as defined in the Regulated Health Professions Act, 1991.

Who can vote in elections

   (2)  Subject to the by-laws, every member who practises or resides in Ontario and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council.

President and Vice-President

   7.  The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council's members.

Restricted titles

   8.  (1)  No person other than a member shall use the title "psychotherapist" or "registered mental health therapist", a variation or abbreviation or an equivalent in another language.

Representations of qualification, etc.

   (2)  No person other than a member shall hold himself or herself out as a person who is qualified to practise in Ontario as a psychotherapist or a registered mental health therapist.

Definition

   (3)  In this section,

"abbreviation" includes an abbreviation of a variation.

Notice if suggestions referred to Advisory Council

   9.  (1)  The Registrar shall give a notice to each member if the Minister refers to the Advisory Council, as defined in the Regulated Health Professions Act, 1991, a suggested,

  (a)  amendment to this Act;

  (b)  amendment to a regulation made by the Council; or

   (c)  regulation to be made by the Council.

Requirements re notice

   (2)  A notice mentioned in subsection (1) shall set out the suggestion referred to the Advisory Council and the notice shall be given within 30 days after the Council of the College receives the Minister's notice of the suggestion.

Offence

   10.  Every person who contravenes subsection 8 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence.

Regulations

   11.  Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations prescribing therapies involving the practice of psychotherapy, governing the use of prescribed therapies and prohibiting the use of therapies other than the prescribed therapies in the course of the practice of psychotherapy.

Transition before certain provisions in force

   12.  (1)  The Lieutenant Governor in Council may appoint a transitional Council.

Registrar

   (2)  The Lieutenant Governor in Council may appoint a Registrar who may do anything that the Registrar may do under the Regulated Health Professions Act, 1991.

Powers of transitional Council and Registrar

   (3)  Before section 6 comes into force, the Registrar, the transitional Council and its employees and committees may do anything that is necessary or advisable for the implementation of this Act and anything that the Registrar, the Council, and its employees and committees could do under this Act.

Same

   (4)  Without limiting the generality of subsection (3), the transitional Council and the Registrar and the Council's committees may accept and process applications for the issuance of certificates of registration, charge application fees and issue certificates of registration.

Powers of the Minister

   (5)  The Minister may,

  (a)  review the transitional Council's activities and require the transitional Council to provide reports and information;

  (b)  require the transitional Council to make, amend or revoke a regulation under this Act;

   (c)  require the transitional Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act and the Regulated Health Professions Act, 1991.

Transitional Council to comply with Minister's request

   (6)  If the Minister requires the transitional Council to do anything under subsection (5), the transitional Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report.

Regulations

   (7)  If the Minister requires the transitional Council to make, amend or revoke a regulation under clause (5) (b) and the transitional Council does not do so within 60 days, the Lieutenant Governor in Council may make, amend or revoke the regulation.

Same

   (8)  Subsection (7) does not give the Lieutenant Governor in Council authority to do anything that the transitional Council does not have authority to do.

Expenses

   (9)  The Minister may pay the transitional Council for expenses incurred in complying with a requirement under subsection (5).

Transition after certain provisions in force

   13.  (1)  After section 6 comes into force, the transitional Council shall be the Council of the College if it is constituted in accordance with subsection 6 (1) or, if it is not, it shall be deemed to be the Council of the College until a new Council is constituted in accordance with subsection 6 (1).

Registrar

   (2)  After section 6 comes into force, the Registrar appointed by the Lieutenant Governor in Council shall be deemed to be the Registrar until a new Registrar is appointed by the Council constituted under subsection 6 (1).

Complementary Amendments

Health Care Consent Act, 1996

   14.  The definition of "health practitioner" in subsection 2 (1) of the Health Care Consent Act, 1996 is amended by adding the following clause:

(q.1) a member of the College of Psychotherapists and Registered Mental Health Therapists of Ontario,

Medicine Act, 1991

   15.  Section 4 of the Medicine Act, 1991 is amended by adding the following paragraph:

  13.  Treating, by means of psychotherapy technique delivered through a therapeutic relationship, an individual's serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual's judgement, insight, behaviour, communication or social functioning.

Nursing Act, 1991

   16.  Section 4 of the Nursing Act, 1991 is amended by adding the following paragraph:

    4.  Treating, by means of psychotherapy technique, delivered through a therapeutic relationship, an individual's serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual's judgement, insight, behaviour, communication or social functioning.

Occupational Therapy Act, 1991

   17.  (1)  The Occupational Therapy Act, 1991 is amended by adding the following section:

Authorized act

   3.1  (1)  A member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to treat, by means of psychotherapy technique delivered through a therapeutic relationship, an individual's serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual's judgement, insight, behaviour, communication or social functioning.

Additional requirements for authorized act

   (2)  A member shall not perform the procedure provided for in subsection (1) unless the member performs the procedure in accordance with the regulations.

Grounds for misconduct

   (3)  In addition to the grounds set out in subsection 51 (1) of the Health Professions Procedural Code, a panel of the Discipline Committee shall find that a member has committed an act of professional misconduct if the member contravenes subsection (2).

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

Regulations

   10.1  Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations governing the performance of the procedure provided for in subsection 3.1 (1) and prescribing the purposes for which, or the circumstances in which, the procedure may be performed.

Psychology Act, 1991

   18.  Section 4 of the Psychology Act, 1991 is repealed and the following substituted:

Authorized acts

   4.  In the course of engaging in the practice of psychology, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:

    1.  To communicate a diagnosis identifying, as the cause of a person's symptoms, a neuropsychological disorder or psychologically based psychotic, neurotic or personality disorder.

    2.  To treat, by means of psychotherapy technique delivered through a therapeutic relationship, an individual's serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual's judgement, insight, behaviour, communication or social functioning.

Regulated Health Professions Act, 1991

   19.  (1)  Subsection 27 (2) of the Regulated Health Professions Act, 1991 is amended by adding the following paragraph:

  14.  Treating, by means of psychotherapy technique, delivered through a therapeutic relationship, an individual's serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual's judgement, insight, behaviour, communication or social functioning.

   (2)  Section 27 of the Act is amended by adding the following subsection:

Same

   (4)  Despite subsection (1), a member of the Ontario College of Social Workers and Social Service Workers is authorized to perform the controlled act set out in paragraph 14 of subsection (2), in compliance with the Social Work and Social Service Work Act, 1998, its regulations and by-laws.

   (3)  Schedule 1 to the Act is amended by adding the following:

Commencement

   20.  (1)  Subject to subsection (2), the Act set out in this Schedule comes into force on the day the Health System Improvements Act, 2007 receives Royal Assent.

Same

   (2)  Sections 3 to 11 and 13 to 19 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   21.  The short title of the Act set out in this Schedule is the Psychotherapy Act, 2007.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 171 and does not form part of the law.  Bill 171 has been enacted as Chapter 10 of the Statutes of Ontario, 2007

SCHEDULE A AMBULANCE ACT

Schedule A amends the Ambulance Act. The amendments to subsection 4 (3) of the Act broaden the Minister's grant-making powers.

The amendments to create Part IV.1 of the Act empower the Minister to designate by regulation,

  (a)   one or more persons who meet the certification requirements under the Act to provide land ambulance services; or

  (b)   one or more persons to ensure the provision of land ambulance services.

Any such regulation would set out the duties and powers of a designated person and the conditions to which that person is subject.

Part IV.1 would also make it clear that the creation by regulation of a new or expanded class of persons who have land ambulance responsibilities would not detract from or otherwise affect the duties or powers of an upper-tier municipality or designated delivery agent under Part III or Part IV of the Act, except where the regulation provides otherwise.

Subsection 19 (2) of the Act sets out the persons who are entitled to share personal health information with each other without the consent of the individual to whom the information relates for the purposes described in subsection 19 (3).  The amendments to subsection 19 (3) of the Act clarify that the sharing of personal health information permitted under subsection 19 (2) may occur for purposes related to the provision of communication services and base hospital programs.

schedule b
amendments concerning health professions

Schedule B amends various Acts respecting health professions. Clause 23 (2) (d.2) of the Health Professions Procedural Code, Schedule 2 to the Regulated Health Professions Act, 1991, is amended to clarify that the register shall only contain the names of shareholders who are members of the College and not the names of shareholders who are family members.  Fines are increased under a number of Acts, obsolete provisions are repealed, and the councils of some health colleges are given the power to designate categories of drugs that may be used or prescribed by members. Changes are made in the powers of dental hygienists to initiate certain procedures. The Pharmacy Act, 1991 is also amended to protect the title "pharmacy technician" and change the composition of the Council of the Ontario College of Pharmacists to include pharmacy technicians, which will be a new class of certificate of registration.

Other miscellaneous amendments are also made.

schedule C
health insurance act

Schedule C amends the Health Insurance Act. The Minister is given the power to classify physiotherapy clinics as health facilities, instead of this being done through regulation. This Schedule also provides for notification of changes to OHIP registration information and clarifies the authority to make regulations requiring provision of this information to OHIP as well as permitting regulations for the security of health cards.

Schedule D
Health Protection and Promotion Act, Ontario Water Resources Act and Safe Drinking Water Act, 2002

Schedule D makes amendments to the Health Protection and Promotion Act, the Ontario Water Resources Act and the Safe Drinking Water Act, 2002.

The amendments to the Health Protection and Promotion Act facilitate the transfer of the regulation of specified small drinking-water systems from the Safe Drinking Water Act, 2002 to the Health Protection and Promotion Act.  These amendments include the following:

    1.   Section 5 of the Act is amended by adding the provision of safe drinking water by small drinking-water systems to the list of mandatory health programs and services superintended, provided or ensured by boards of health.

    2.   Section 7 of the Act is amended to permit guidelines to adopt by reference codes, formulas, protocols or procedures.  Such adoptions may include adopting amendments to the code, formula, protocol or procedure made after the guideline is issued, but such amendments do not come into effect until the Ministry gives notice of them.

    3.   The Act is amended by adding section 12.1 which, with respect to small drinking-water systems, authorizes a medical officer of health to vary specific provisions in regulations on a temporary basis and allows a medical officer of health to establish interim requirements in respect of a small drinking-water system, provided that the risk to the users of the small drinking-water system is not increased.

    4.   Section 41 of the Act is amended to include small drinking-water systems in the enforcement provisions.

    5.   The Act is amended to include broad regulation-making powers in respect of small drinking-water systems to facilitate their regulation.  There is also the power to make regulations in respect of transitional matters.

    6.   Section 102 of the Act is amended by adding the restraint of a contravention of a directive relating to small drinking-water systems by an order of the Superior Court of Justice.  Section 102 already authorizes the restraint of an order under the Act.

Several provisions of the Ontario Water Resources Act that refer to other environmental statutes are amended to include a reference to the Safe Drinking Water Act, 2002.

Several references to "water works" are deleted from the Ontario Water Resources Act.  The Safe Drinking Water Act, 2002 and the proposed amendments to the Health Protection and Promotion Act govern drinking-water systems to which these references applied.

Section 52 of the Ontario Water Resources Act, which provides for approval of water works, is repealed.  The Safe Drinking Water Act, 2002 and the proposed amendments to the Health Protection and Promotion Act govern these facilities.

Clause 106.1 (3) (b) of the Ontario Water Resources Act is amended to bring its language into conformity with subsection 30 (1) of the Act.

The reference to standards for potable water in clause 75 (1) (i) of the Ontario Water Resources Act is deleted.  Drinking water standards may be prescribed by regulations made under the Safe Drinking Water Act, 2002 and the proposed amendments to the Health Protection and Promotion Act.

Laboratories licensed under the Safe Drinking Water Act, 2002 may conduct tests relating to small drinking-water systems regulated under the proposed amendments to the Health Protection and Promotion Act.  The Safe Drinking Water Act, 2002 is amended to ensure that it applies to these tests and to the laboratories that conduct them.

Other provisions of the Safe Drinking Water Act, 2002 are amended to ensure that they continue to apply with respect to small drinking-water systems regulated under the proposed amendments to the Health Protection and Promotion Act.

References to accredited operating authorities in several provisions of the Safe Drinking Water Act, 2002 are amended to remove the word "accredited".  The amendments will permit these provisions to apply to operating authorities that have not yet been accredited.

Section 54 of the Safe Drinking Water Act, 2002 is amended to clarify its relationship to subsection 52 (1).  The amendments that replace subsection 54 (2) (alterations to regulated non-municipal drinking-water systems) also clarify that an application for an approval is required in two circumstances.  First, an application is required if an approval under subsection 52 (1) is required and the alteration was authorized by a previously granted approval.  Second, an application is required if the alteration relates to a condition that was imposed under subsection 60 (2) of the Act.

Section 127 of the Safe Drinking Water Act, 2002 is amended to refer to certificates.  The amendments permit operators of drinking-water systems to appeal decisions made by the Director relating to the operator certification program.

Schedule E
Immunization of School Pupils Act

Schedule E amends the Immunization of School Pupils Act to permit registered nurses who hold an extended certificate of registration to sign a statement of medical exemption under the Act and to undertake other activities under the Act.  The amendments also permit other nurses to undertake certain activities under the Act.

schedule F
health protection and promotion act

Schedule F makes numerous amendments to the Health Protection and Promotion Act.  Among them:

    1.   Certain provisions of the Act are amended to add references to "registered nurse in the extended class" and by adding a definition for that term.

    2.   The definition of "institution" in subsection 21 (1) and of "practitioner" in subsection 25 (2) of the Act are amended to allow the Lieutenant Governor in Council to add to the list of practitioners and institutions by way of regulation.

    3.   Subsection 29 (1) of the Act is amended to change the location of where the laboratories send reports of positive findings in respect of reportable diseases.

    4.   The Act is amended to allow reporting by medical officers of health to health facilities in regard of communicable diseases acquired at facilities and to allow for the issuance of orders against institutions or public hospitals for the purpose of dealing with communicable disease outbreaks.

    5.   Subsection 38 (1) of the Act is amended by adding three additional diseases to the definition of "immunizing agent".

    6.   Subsection 39 (2) of the Act is amended to provide an exemption from the confidentiality requirement in subsection 39 (1) where disclosure is authorized under the Act or the Personal Health Information Act, 2004.

    7.   The Act is amended by adding a new Part, Part VI.I, entitled "Provincial Public Health Powers".  Sections 86, 86.1, 86.2 and 87 of the Act are moved from Part VII "Administration" and placed under Part VI.I.  Sections 86, 86.1, 86.2 and 87 will now become sections 77.1, 77.2, 77.3 and 77.4.  In addition section 86 (which will become section 77.1) is amended to clarify that the powers of the board of health that the Chief Medical Officer of Health ("CMOH") may exercise under this section include the power to appoint a medical officer of health or an associate medical officer of health.  The Act is amended by adding section 77.5 to allow the Minister of Health and Long-Term Care ("Minister") to issue orders in regard to the emergency procurement of medications and supplies.  The Act is amended by adding section 77.6 to allow the CMOH to issue orders to health information custodians for the purpose of requiring such custodians to provide the CMOH with information, including personal health information.  The Act is amended by adding section 77.7 to allow the CMOH to issue directives to health care providers and health care entities respecting precautions and procedures that must be followed to protect the health of persons anywhere in Ontario.  The Act is also amended to add section 77.8 to allow the CMOH to collect, retain and use previously collected specimens.

    8.   The Act is amended by adding section 81.1 to provide for the position of Associate Chief Medical Officer of Health (ACMOH) and to provide for the functions, powers and duties of that office holder.

    9.   The Act is amended to allow the Minister to enter into accountability agreements with any board of health.

10.   Section 95 of the Act is amended by adding the CMOH, ACMOH and employees of boards of health working under the direction of a medical officer of health to the list of persons that are protected from personal liability.  Section 95 is also amended to offer protection from personal liability to persons acting pursuant to orders under 77.5, 77.6 or 77.8 or directions under 77.7 of the Act.  In addition, section 95 is amended to specify that the Crown is not relieved of liability for the acts or omissions of the CMOH or ACMOH.

11.   Section 97 of the Act is amended to provide the Minister with the power to specify diseases for the purpose of the definition of "immunizing agent" in subsection 38 (1).

12.   Subsection 100 (3) of the Act is amended to update the list of offences under the Act.

13.   Section 102 of the Act is amended to provide the Superior Court of Justice with broader order making powers.

14.   Section 106 of the Act is amended to update the service provisions to account for the issuance of class orders under subsection 22 (5.0.1).

SCHEDULE G
amendments to the health insurance act (revisions to Medical Audit Process)

Numerous amendments are made to the Health Insurance Act  to revise the physician payment process.

Provisions are made for the creation of the Physician Payment Review Board, the Joint Committee on the Schedule of Benefits, and the Physician Services Payment Committee.  Their membership and functions are provided for.

New rules are established providing for the General Manager of OHIP's possible actions when an incorrect or inappropriate claim is made to OHIP for a physician's services.  In cases of disputes, a panel of the Physician Payment Review Board may hold a hearing and make an appropriate order.  Rules for hearing and possible orders are provided for.

Certain provisions that were never proclaimed in force are repealed, as are provisions relating to the Medical Review Committee.

New provisions regarding service of notices are added.

A complementary amendment to the Medicine Act, 1991 is made.

schedule H
Personal Health Information Protection Act, 2004

Schedule H amends the Personal Health Information Protection Act, 2004 to clarify the intent of several provisions and to ensure consistency within the Act and with the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act. Many of these amendments simplify and move into the Act matters that are now addressed in the regulations under the Act.

schedule I
Public Hospitals Act

Schedule I amends the Public Hospitals Act.  The Act is amended to extend protection from liability for the Crown and the Minister to include directions issued by the Minister to hospital supervisors. The Act is also amended to extend the immunity from personal liability for actions taken in good faith to the staff of the persons who were previously protected.  Where the Crown would otherwise be liable in respect of a tort committed by the staff of persons who were previously protected, the Crown's vicarious liability is preserved.

SCHEDULE J
MAKING MISCELLANEOUS CORRECTIONS AND AMENDMENTS

Schedule J makes various amendments of a technical nature.

schedule K
Ontario Agency for Health Protection and Promotion Act, 2007

Schedule K enacts the Ontario Agency for Health Protection and Promotion Act, 2007.  The Ontario Agency for Health Protection and Promotion is established.  Its objects, powers and governance are provided for.  Power is given to transfer Crown property to the Agency, and assorted matters respecting liability are dealt with.

schedule l
Drug and Pharmacies Regulation Act

A number of amendments are made to the Drug and Pharmacies Regulation Act ("DPRA").

Section 117 of the DPRA is merged into section 1 and a number of terms are either defined or updated, including the definition of "drug" which is updated to, for example, provide that natural health products as defined under the Natural Health Products Regulations of the federal Food and Drugs Act are not drugs for the purposes of the DPRA.

The powers of the Accreditation Committee of the College in subsection 140 (1) are amended to enable the Committee to refer to the Discipline Committee of the College a person who has been issued a certificate of accreditation, a designated manager of the person who has been issued a certificate of accreditation, or the board of directors of a corporation that has been issued a certificate of accreditation, where the Accreditation Committee has reason to believe that a breach of the DPRA or an act of proprietary misconduct has been committed.  A new subsection 140 (2.1) makes clear that the interim suspension provisions of the Health Professions Procedural Code under the Regulated Health Professions Act, 1991 ("Code") apply to persons mentioned in subsection 140 (1).  In addition to the existing powers that the Discipline Committee has under the DPRA, the Discipline Committee can direct the Registrar to impose specified terms, conditions and limitations on the certificate.  The Discipline Committee may also make an order against a designated manager of a pharmacy in respect of that member's certificate of registration as set out in subsection 51 (2) of the Code.  Under section 140.1, the College shall publish decisions of a panel of the Discipline Committee in respect of a person who has been issued a certificate of accreditation, designated manager, or director who was the subject of the proceeding, including names, in certain instances.

A new subsection 146 (1.1) requires every owner of a pharmacy to designate a designated manager and to inform the College of the designation.  Subsection 146 (3) is amended to require that the designated manager display his or her name, certificate of registration, or both clearly and publicly in the pharmacy.

The inspection provisions in section 148 are updated to replace the term "record" with the term "document", which is defined as a record of information in any form and includes any part of it.  New sections 148.1 to 148.4 are modelled on the investigation provisions set out in the Code.  An inspector is authorized to obtain a search warrant to enter a premise.  An inspector under the authority of a warrant may obtain the assistance of other persons and may enter a place by force. An inspector may also make a copy of the document or object and may remove such document or object if it is not practicable to copy it in the place where it is examined.  No person shall obstruct an inspector acting in the course of his or her duties. 

Section 149 is revised to provide that only an intern, a registered pharmacy student or a pharmacy technician, all acting under the supervision of a pharmacist who must be present on the premises, and a pharmacist are entitled to compound, dispense, or sell any drug in a pharmacy.  The requirement does not apply to the sale of drugs listed in Schedule III in a pharmacy where a pharmacist or an intern is present and available to provide consultation to the purchaser.

Section 150 is revised to prohibit any person from selling any drug where the person knows or should have known that it is not that drug or does not contain any substance that the drug is meant to contain.

Section 152 is revised to require that any prescription that has been mailed or couriered must be traceable.

Section 153 is revised to require that the designated manager must keep a record of every purchase and sale of a drug referred to in the Schedules to the Controlled Drugs and Substances Act (Canada) or the Schedule to the Narcotic Control Regulations (Canada) in a form or manner as the regulations specify.

Section 158 is revised to permit a pharmacist to dispense a drug pursuant to a prescription authorized by a prescriber licensed to practise in a province or territory of Canada other than Ontario if in the professional judgment of the pharmacist the patient requires the drug.

Under new subsection 160 (4), no member and no pharmacy may receive any drug from a wholesaler other than at the location of a pharmacy which ordered the drugs unless it is in the best interests of the patient to have the product delivered to another source.

Some regulation-making authorities and the incorporation by reference provisions are updated.  A new regulation-making authority is added to define proprietary misconduct and govern what constitutes an act of proprietary misconduct.  

A new section 162.1 would allow the College to apply to court to revoke or suspend a certificate of accreditation if there are concerns about a pharmacy's operations and where public safety may be at issue. A person may make an appeal of the order to the Ontario Divisional Court.

The penalty provisions in section 165 are updated to increase the penalty in the case of an individual to $50,000 for a second or subsequent offence, and in the case of a corporation to $200,000 for a second or subsequent offence.

Additionally, a number of technical changes are proposed to the DPRA, such as updating certain references to the Code, and replacing the term "Part" with "Act", "licence" with "certificate of registration", and "manager" with "designated manager" wherever those terms appear.  References to various drug schedules throughout the DPRA are updated and provisions referring to obsolete schedules are repealed.

Most of the provisions of the Schedule come into force on Royal Assent, but some, including the new definition of "drug", and the amendments that accompany that new definition, come into force on the earlier of the first anniversary of Royal Assent or a date set by proclamation.

Consequential amendments are made to other Acts to correct cross-references.

schedule M
REGULATED HEALTH PROFESSIONS ACT, 1991

Numerous amendments are made to the Regulated Health Professions Act, 1991 ("RHPA") and the Health Professions Procedural Code ("the Code") which is a schedule to that Act.

Among the amendments:

    1.   A definition of "personal information" is added to the RHPA.

    2.   The Minister is given the power to specify the form and content of the annual reports submitted by the health profession Colleges and the Health Professions Regulatory Advisory Council.

    3.   Subsection 30 (1) of the RHPA is amended so that no person, other than a member treating or advising within the scope of practice of his or her profession, is able to treat or advise a person with respect to that person's health in circumstances where it is reasonably foreseeable that "serious bodily harm", as opposed to the current standard of "serious physical harm", may result from the treatment or advice or from the omission of treatment or advice. 

    4.   The RHPA is amended by creating and updating exemptions to the requirement that all information gathered by persons in the course of administration of the RHPA, the Code, a health profession act, or the Drug and Pharmacies Regulation Act ("DPRA") be kept confidential.

    5.   Section 36.1 is added to the RHPA to allow for the collection of information from the members of the College as is reasonably necessary for the purpose of Ministry health human resources planning. 

    6.   Both the RHPA and the Code are amended to update and consolidate offences and fine levels.  The provisions are also updated to provide for different liability levels for first offences and second or subsequent offences, as well as different liability levels for individuals and corporations.

    7.   Various amendments are made to the Code to clarify language and update cross-references.  Various amendments are also made to change references to committees or procedures, to reflect that the new Inquiries, Complaints and Reports Committee ("ICR Committee") has replaced the former Complaints Committee, and also takes over some functions which formerly belonged to the Executive Committee.

    8.   The Code is amended to update an existing object of the College and add three new objects.

    9.   The Code is amended to require every College to have a website, and to include on that website information which may be prescribed by the Minister.  The information on the website must be available to the public upon request, and upon payment of a reasonable fee if required by the College, in paper or electronic form.

10.   The Code is amended to provide that once a member applies to the Registration Committee to remove or modify any term, condition or limitation on the member's certificate of registration, and that application has been disposed of, the member may not make a new application for variation within six months of the date of disposition without leave of the Registrar.  The Registrar may only give leave for such an application if the Registrar is satisfied that there has been a material change in circumstances that justifies the giving of the leave.

11.   The Code is amended to reflect changes to the contents of the public portion of the College register. Public information shall be made available to any person during normal business hours and shall be posted on the College's website in a manner that is accessible to the public, or any other manner and form specified by the Minister.  Rules are established regarding when information may be withheld. 

12.   The Code is significantly modified to reflect a new streamlined process for dealing with complaints and reports made against members.  The Code is amended to permit the use of alternative dispute resolution with respect to a complaint.

13.   The Code is amended to permit the Inquiries, Complaints and Reports Committee to  make an interim order directing the Registrar to suspend or impose terms, conditions or limitations on a member's certificate of registration without notice to the member, subject to the right of the member to make submissions while the suspension or the terms, conditions or limitations are in place if the Committee is of the opinion, on reasonable and probable grounds, that the conduct of the member exposes or is likely to expose his or her patients to harm or injury and urgent intervention is needed.

14.   The Code is amended so that when a panel of the Discipline Committee makes an order to close a hearing to the public wholly or partly in relation to a person the panel may allow the person and his or her personal representative to attend the hearing, and may also allow another person to attend if to do so does not undermine the reasons for the making of the order and does not cause undue prejudice to a party.

15.   The Code is amended to permit a College to apply to a judge of the Superior Court of Justice to have an order made by a panel of the Discipline Committee on the grounds of professional misconduct directing the Registrar to revoke, suspend or impose terms, conditions or limitations on a member's certificate to take effect immediately despite any appeal if the conduct of the member exposes or is likely to expose his or her patients to harm or injury and urgent intervention is needed.

16.   The Code is amended to create mandatory minimum requirements for quality assurance programs and to create an exhaustive list of powers of the Quality Assurance Committee.

17.   The Code is amended to require mandatory reporting by a person who operates a facility where one or more members practise if the person has reasonable grounds to believe that a member who practises at the facility is incompetent or incapacitated, in addition to the current requirement that a mandatory report be made for suspected sexual abuse of a patient.

18.   The Code is amended to provide for mandatory reports by a member who has been convicted of an offence, or had a finding of negligence or malpractice made against him or her.

schedule N
Chase McEachern Act (Heart Defibrillator Civil Liability), 2007

The Schedule sets out a new Act, the Chase McEachern Act (Heart Defibrillator Civil Liability), 2007.  The Act aims to promote the use of automated external heart defibrillators by ensuring that users of defibrillators and the owners and occupiers of premises on which they are installed are protected from civil liability.

schedule o
kinesiology act, 2007

Schedule O enacts a new health profession Act with respect to the regulation of kinesiology and makes complementary amendments to the Regulated Health Professions Act, 1991.

The name of the new College is the College of Kinesiology of Ontario and the new profession is the profession of kinesiology. The Health Professions Procedural Code, which is Schedule 2 to the Regulated Health Professions Act, 1991, is deemed to be part of the new Act.

The scope of practice of kinesiology is the assessment of human movement and performance and its rehabilitation and management to maintain, rehabilitate, or enhance movement and performance.

The College Council will be composed of at least seven and no more than nine persons who are members of the College, and at least six and no more than eight persons appointed by the Lieutenant Governor in Council. In addition, the Council shall have one person selected, in accordance with College by-laws, from among the kinesiology faculty members of an Ontario University. The Council shall have a President and Vice-President elected annually by Council.

The Schedule restricts the use of the title "kinesiologist" to members of the College. No person other than a member may hold themselves out as qualified to practise as a kinesiologist. Anyone who contravenes these restrictions is guilty of an offence and on conviction is liable to a maximum fine of $25,000 for a first offence and a maximum of $50,000 for a subsequent offence.

The Registrar must notify each member of the College if the Minister refers a suggested statutory or regulatory amendment under the new Act to the Health Professions Regulatory Advisory Council.

Transitional provisions in the Schedule provide for the appointment of a transitional Council by the Lieutenant Governor in Council. The transitional Council may do anything that is necessary or advisable for the implementation of the Schedule and anything that it could do once the Act is in force, including accepting and processing applications for registration.

During the transition period, the Minister may review the transitional Council's activities, require it to make, amend or revoke a regulation and do anything that is necessary or advisable to carry out the intent of the Schedule and the Regulated Health Professions Act, 1991.

After the transition period, the transitional Council shall be the College Council, if it is constituted in accordance with the Act or, if it is not, it shall be deemed to be the Council until a new Council is constituted under the Act. The short title of the new health profession Act is the Kinesiology Act, 2007.

The Schedule amends the Regulated Health Professions Act, 1991 (RHPA) to add the new health profession Act and the profession of kinesiology to Schedule 1 under the RHPA.  It also amends the Health Care Consent Act, 1996 to provide that a member of the College is a health care practitioner.

Schedule P
Naturopathy Act, 2007

The Schedule enacts a new health profession Act with respect to the regulation of naturopathy and makes complementary amendments to the Regulated Health Professions Act, 1991 and a number of other Acts.

The College is established as the College of Naturopaths of Ontario and the new profession the College will govern is naturopathy.  The Health Professions Procedural Code, which is Schedule 2 to the Regulated Health Professions Act, 1991, is deemed to be part of the new Act.

The practice of naturopathy is the assessment of diseases, disorders and dysfunctions and the naturopathic diagnosis and treatment of diseases, disorders and dysfunctions using naturopathic techniques to promote, maintain or restore health.

In the course of engaging in the practice of naturopathy, a member is authorized to perform certain controlled acts, subject to any terms, limitations or conditions on the member's certificate of registration.

A member may perform the authorized acts only in accordance with the regulations; any member who does not comply with this requirement shall be found to have committed an act of professional misconduct.

The College Council will be composed of at least six and no more than nine persons who are members of the College and elected in accordance with the by-laws, and at least five and no more than eight persons appointed by the Lieutenant Governor in Council.  The Council shall have a President and a Vice-Presidents, elected annually by Council from among Council members.

The Schedule restricts the use of the titles "naturopath" to members of the College. No person other than a member may hold themselves out as qualified to practise as a naturopath or in a specialty of that profession. Anyone who contravenes these restrictions is guilty of an offence and on conviction is liable to a maximum fine of $25,000 for a first offence and a maximum fine of $50,000 for a second or subsequent offence.

The Registrar must notify each member of the College if the Minister refers a suggested statutory or regulatory amendment under the new Act to the Health Professions Regulatory Advisory Council.  The College Council, with Ministerial review and approval of the Lieutenant Governor in Council, may make regulations:

  (a)   prescribing standards of practice involving the circumstances in which naturopaths must make referrals to members of other regulated health professions;

  (b)  prescribing and governing the therapies involving the practice of naturopathy and prohibiting other therapies;

  (c)   governing the performance of certain procedures, the purposes or the circumstances under which they may be performed, and prohibiting the performance of certain procedures;

  (d)   prescribing the substances that may be administered and setting out the purposes or the circumstances under which they may be administered;

  (e)   prescribing naturopathic examinations and setting out the purposes or the circumstances under which they may be performed and prohibiting the performance of other examinations.

Transitional provisions in the Schedule provide for the appointment of a transitional Registrar and a transitional Council by the Lieutenant Governor in Council.  The transitional Council and Registrar may do anything that is necessary or advisable for the implementation of the Schedule and anything that it could do once the Act is in force, including accepting and processing applications for registration.

During the transition period, the Minister may review the transitional Council's activities, require it to make, amend or revoke a regulation and do anything that is necessary or advisable to carry out the intent of the Schedule and the Regulated Health Professions Act, 1991.

After the transition period, the transitional Council shall be the College Council, if it is constituted in accordance with the Act or, if it is not, it shall be deemed to be the Council until a new Council is constituted under the Act.

The short title of the new health profession Act is the Naturopathy Act, 2007.

The Schedule contains a number of complementary amendments, including the following. It amends the Regulated Health Professions Act, 1991 (RHPA) to add the new health profession Act and the professions of naturopathy to Schedule 1 under the RHPA.  The Table to the RHPA is amended such that a reference in an Act or regulation that describes a "person registered under the Drugless Practitioners Act" shall be deemed to be a reference to a "member of the College of Naturopaths".  The Schedule also amends the "doctor" title provisions of the RHPA in section 33, providing that a member of the new College is allowed to use the title "doctor", but only where the phrase "naturopathic doctor" follows immediately after his or her name.  The Laboratory and Specimen Collection Centre Licensing Act is amended to clarify that "diagnosis, prophylaxis and treatment" refers only to medical diagnosis, prophylaxis and treatment.

The Schedule repeals the Drugless Practitioners Act and revokes the regulations under that Act. It also amends the Health Care Consent Act, 1996 to provide that a member of the College is a health care practitioner.

schedule q
Homeopathy Act, 2007

The Schedule enacts a new health profession Act with respect to the regulation of homeopathy and makes complementary amendments to the Regulated Health Professions Act, 1991.

The College is established as the College of  Homeopaths of Ontario and the new profession the College will govern is homeopathy.  The Health Professions Procedural Code, which is Schedule 2 to the Regulated Health Professions Act, 1991, is deemed to be part of the new Act.

The scope of practice of homeopathy is the assessment of body system disorders and treatment using homeopathic techniques to promote, maintain or restore health.

The College Council will be composed of at least six and no more than nine persons who are members of the College and elected in accordance with the by-laws, and at least five and no more than eight persons appointed by the Lieutenant Governor in Council.  The Council shall have a President and a Vice-President, elected annually by Council from among Council members.

The Schedule restricts the use of the title "homeopath" to members of the College. No person other than a member may hold themselves out as qualified to practise as a homeopath or in a specialty of the profession.  Anyone who contravenes these restrictions is guilty of an offence and on conviction is liable to a maximum fine of $25,000 for a first offence and a maximum fine of $50,000 for a second or subsequent offence.

The Registrar must notify each member of the College if the Minister refers a suggested statutory or regulatory amendment under the new Act to the Health Professions Regulatory Advisory Council.  The College Council, with Ministerial review and approval of the Lieutenant Governor in Council, may make regulations:

  (a)   prescribing standards of practice respecting the circumstances in which homeopaths shall make referrals to members of other regulated health professions;

  (b)   prescribing therapies involving the practice of homeopathy, governing the use of the prescribed therapies and prohibiting the use of therapies other than the prescribed therapies in the course of the practice of homeopathy.

Transitional provisions in the Schedule provide for the appointment of a transitional Registrar and a transitional Council by the Lieutenant Governor in Council.  The transitional Council and Registrar may do anything that is necessary or advisable for the implementation of the Schedule and anything that it could do once the Act is in force, including accepting and processing applications for registration.

During the transition period, the Minister may review the transitional Council's activities, require it to make, amend or revoke a regulation and do anything that is necessary or advisable to carry out the intent of the Schedule and the Regulated Health Professions Act, 1991.

After the transition period, the transitional Council shall be the College Council, if it is constituted in accordance with the Act or, if it is not, it shall be deemed to be the Council until a new Council is constituted under the Act.

The short title of the new health profession Act is the Homeopathy Act, 2007.

The Schedule contains complementary amendments. It amends the Regulated Health Professions Act, 1991 (RHPA) to add the new health profession Act and the profession of homeopathy to Schedule 1 under the RHPA.  It also amends the Health Care Consent Act, 1996 to provide that a member of the College is a health care practitioner.

schedule r
Psychotherapy act, 2007

The Schedule enacts a new health profession Act with respect to the regulation of psychotherapy and makes complementary amendments to the Regulated Health Professions Act, 1991 (RHPA) and a number of other Acts.

The College is established as the College of Psychotherapists and Registered Mental Health Therapists of Ontario and the new profession the College will govern is psychotherapy. The Health Professions Procedural Code, which is Schedule 2 to the RHPA, is deemed to be part of the new Act.

The scope of practice of psychotherapy is the assessment and treatment of cognitive, emotional or behavioural disturbances by psychotherapeutic means, delivered through a therapeutic relationship based on verbal or non-verbal communication.

In the course of engaging in the practice of psychotherapy, a member is authorized, subject to any terms, limitations or conditions on the member's certificate of registration, to treat, by means of psychotherapy technique delivered through a therapeutic relationship, an individual's serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual's judgement, insight, behaviour, communication or social functioning.

The College Council will be composed of at least six and no more than nine persons who are members who are elected in accordance with the by-laws, and at least five and no more than eight persons appointed by the Lieutenant Governor in Council.  The Council shall have a President and a Vice-President who must be elected annually by Council from among Council members.

The Schedule restricts the use of the titles "psychotherapist" and "registered mental health therapist" to members of the College.  No person other than a member may hold themselves out as qualified to practise as a psychotherapist or registered mental health therapist in Ontario.  Anyone who contravenes these restrictions is guilty of an offence and on conviction is liable to a maximum fine of $25,000 for a first offence and a maximum of $50,000 for a second or subsequent offence.

The Registrar must notify each member of the College if the Minister refers a suggested statutory or regulatory amendment under the new Act to the Health Professions Regulatory Advisory Council.  The College Council, with Ministerial review and approval of the Lieutenant Governor in Council, may make regulations prescribing psychotherapeutic therapies, governing their use and prohibiting the use of other therapies.

Transitional provisions in the Schedule provide for the appointment of a transitional Registrar and a transitional Council by the Lieutenant Governor in Council.  The transitional Council and Registrar may do anything that is necessary or advisable for the implementation of the Schedule and anything that could be done once the Act is in force, including accepting and processing applications for registration.

During the transition period, the Minister may review the transitional Council's activities, require it to make, amend or revoke a regulation and do anything that is necessary or advisable to carry out the intent of the Schedule and the RHPA.

After the transition period, the transitional Council shall be the College Council, if it is constituted in accordance with the Act or, if it is not, it shall be deemed to be the Council until a new Council is constituted under the Act.

The short title of the new health profession Act is the Psychotherapy Act, 2007.

The Schedule contains a number of complementary amendments, including the following. It amends the RHPA to add the new health profession Act and the profession of psychotherapy to Schedule 1 under the RHPA.  The Schedule also adds the new controlled act of psychotherapy to the existing list of 13 controlled acts within subsection 27 (2) of the RHPA, defining the new controlled act as, "treating, by means of psychotherapy technique, delivered through a therapeutic relationship, an individual's serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual's judgement, insight, behaviour, communication or social functioning".  It is clarified that a member of the Ontario College of Social Workers and Social Service Workers is authorized to perform the controlled acts.

The Medicine Act, 1991, Psychology Act, 1991, Nursing Act, 1991 and Occupational Therapy Act, 1991 are amended to include the new authorized act.  The Occupational Therapy Act, 1991 is further amended to require members to perform the new authorized act in accordance with the regulations.  Complementary regulation-making powers are also provided for under that Act.