[40] Bill 151 Original (PDF)
Bill 151 2013
An Act to amend various Acts
CONTENTS
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1. |
Contents of this Act |
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2. |
Commencement |
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3. |
Short title |
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Schedule 1 |
Ministry of the Attorney General |
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Schedule 2 |
Ministry of Finance |
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Schedule 3 |
Ministry of Health and Long-term Care |
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Schedule 4 |
Ministry of Training, Colleges and Universities and Ministry of Education |
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Schedule 5 |
Ministry of Transportation |
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Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Contents of this Act
1. This Act consists of this section, sections 2 and 3 and the Schedules to this Act.
Commencement
2. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.
Same
(2) The Schedules to this Act come into force as provided in each Schedule.
Same
(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.
Short title
3. The short title of this Act is the Strengthening and Improving Government Act, 2013.
schedule
1
ministry of the attorney general
1. (1) Paragraph 1 of the Schedule to section 21.8 of the Courts of Justice Act is amended by adding "Civil Marriage Act (Canada)".
(2) The Schedule to section 21.8 of the Act is amended by adding the following paragraph:
6. Any other family law proceedings that may be prescribed by the regulations.
(3) Subsection 53 (1) of the Act is amended by adding the following clause:
(d) prescribing family law proceedings for the purposes of the Schedule to section 21.8;
Commencement
2. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
schedule
2
ministry of finance
Pension Benefits Act
1. (1) Subsection 14 (5) of the Pension Benefits Act is amended by striking out "the transferred members who are entitled to make the election described in clause 80.1 (4) (a.1)" at the end and substituting "the eligible employees who are entitled to make the election described in clause 80.1 (4) (a) or (a.1)".
(2) Section 44 of the Act is amended by adding the following subsections:
Interpretation re "spouse"
(1.1) If, on the date that the payment of the first instalment of the pension is due, a retired member has a spouse described in clause (a) of the definition of "spouse" in subsection 1 (1) from whom the retired member is living separate and apart, that person is not a spouse for the purposes of subsection (1).
Same
(1.2) If, on the date that the payment of the first instalment of the pension is due, a retired member has a spouse described in clause (b) of the definition of "spouse" in subsection 1 (1) and a spouse described in clause (a) of that definition from whom the retired member is living separate and apart, the spouse described in clause (b) of the definition is the spouse for the purposes of subsection (1).
(3) Subsection 44 (4) of the Act is repealed and the following substituted:
Application of subss. (1-3.1)
(4) Subsections (1) to (3.1) do not apply in respect of a pension benefit if payment of the pension commenced before January 1, 1988.
(4) Section 44 of the Act is amended by adding the following subsections:
Discharge
(10) An administrator who commenced payment of a pension under this section before the day on which subsection (1.2) comes into force is deemed to have been discharged on making the payment if all of the following circumstances exist:
1. On the date that the payment of the first instalment of the pension was due, the retired member had a spouse described in clause (b) of the definition of "spouse" in subsection 1 (1) and a spouse described in clause (a) of that definition from whom the retired member was living separate and apart.
2. The spouse described in clause (b) of the definition of "spouse" in subsection 1 (1) was the retired member's spouse for the purposes of determining that the pension is a joint and survivor pension under subsection (1).
3. The pension benefit was paid or continues to be paid to the retired member or to the spouse described in clause (b) of the definition of "spouse" in subsection 1 (1).
4. The payment otherwise complied with the requirements under this Act and the regulations.
Claims
(11) If, before the day on which subsection (1.2) comes into force, an administrator made a payment of a pension as a joint and survivor pension and the circumstances set out in subsection (10) existed, no person has a claim against the administrator or against the recipient of the payment in respect of the payment.
(5) Subsection 48 (3) of the Act is repealed and the following substituted:
Interpretation re "spouse"
(3) If, on the date of death, a member, former member or retired member has a spouse described in clause (a) of the definition of "spouse" in subsection 1 (1) from whom the member, former member or retired member is living separate and apart, that spouse does not have an entitlement under subsection (1) or (2).
Same
(3.1) If, on the date of death, a member, former member or retired member has a spouse described in clause (b) of the definition of "spouse" in subsection 1 (1) and a spouse described in clause (a) of that definition from whom the member, former member or retired member is living separate and apart, the spouse described in clause (b) of the definition has an entitlement under subsection (1) or (2).
Same, entitlement as beneficiary or personal representative
(3.2) Subsection (3) does not prevent a spouse from having an entitlement as a designated beneficiary under subsection (6) or as a personal representative under subsection (7).
Application
(3.3) For greater certainty, subsections (3), (3.1) and (3.2) apply if the member, former member or retired member dies on or after the day subsection 1 (5) of Schedule 2 to the Strengthening and Improving Government Act, 2013 comes into force.
(6) Subsections 48 (6) and (7) of the Act are repealed and the following substituted:
Designated beneficiary
(6) A member, former member or retired member described in subsection (1) may designate a beneficiary and the beneficiary is entitled to be paid an amount equal to the commuted value of the deferred pension or pension benefits mentioned in subsection (1) or (2) unless on the date of death the member, former member or retired member has a spouse who has an entitlement under subsection (1) or (2).
Estate entitlement
(7) The personal representative of a member, former member or retired member described in subsection (1) is entitled to receive payment of the commuted value mentioned in subsection (1) or (2) as the property of the member, former member or retired member unless,
(a) on the date of death, the member, former member or retired member has a spouse who has an entitlement under subsection (1) or (2); or
(b) the member, former member or retired member has designated a beneficiary who has an entitlement under subsection (6).
(7) Section 48 of the Act is amended by adding the following subsections:
Discharge, payments prior to October 31, 2012
(10.1) An administrator who made a payment under subsection (1) or (2) before October 31, 2012 is deemed to have been discharged on making the payment if all of the following circumstances exist:
1. On the date of death, the member, former member or retired member had a spouse described in clause (b) of the definition of "spouse" in subsection 1 (1) and a spouse described in clause (a) of that definition from whom the member, former member or retired member was living separate and apart.
2. The payment was made to the spouse described in clause (b) of the definition of "spouse" in subsection 1 (1).
3. The payment otherwise complied with the requirements under this Act and the regulations.
Claims
(10.2) If, before October 31, 2012, an administrator made a payment under subsection (1) or (2) and the circumstances set out in subsection (10.1) existed, no person has a claim against the administrator or against the recipient of the payment in respect of the payment.
(8) Clause 80.1 (4) (b) of the Act is amended by striking out "transferred members" at the end and substituting "eligible employees who make the election described in clause (a) or (a.1)".
(9) Subsection 80.1 (7) of the Act is amended by striking out "transferred members" and substituting "eligible employees who make the election described in clause (4) (a) or (a.1)".
(10) Subsection 80.1 (10) of the Act is amended by striking out "July 1, 2015" and substituting "July 1, 2016".
Pension Benefits Amendment Act, 2010
2. Subsection 80 (4) of the Pension Benefits Amendment Act, 2010 is amended by striking out "July 1, 2015" at the end and substituting "July 1, 2016".
Commencement
3. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
schedule
3
ministry of health and long-term care
1. Section 12 of the Commitment to the Future of Medicare Act, 2004 is amended by adding the following subsection:
No liability
(2.1) No cause of action arises and no civil proceedings may be brought or maintained against a director, officer, member, employee or agent of the Ontario Medical Association for anything done in good faith with respect to,
(a) any agreement entered into between the Ontario Medical Association and the Minister of Health and Long-Term Care or the Crown in right of Ontario respecting,
(i) insured services under the Plan,
(ii) the amounts payable under the Plan in respect of the rendering of insured services to insured persons, or
(iii) other amounts payable to physicians by the Minister or the Crown; or
(b) any recommendation made to the Minister of Health and Long-Term Care or the Crown in right of Ontario concerning anything related to,
(i) insured services under the Plan,
(ii) the amounts payable under the Plan in respect of the rendering of insured services to insured persons, or
(iii) other amounts payable to physicians by the Minister or the Crown.
Commencement
2. This Schedule is deemed to have come into force on December 11, 2013.
schedule
4
ministry of training, colleges and universities and ministry of education
Ministry of Training, Colleges and Universities Act
1. The Ministry of Training, Colleges and Universities Act is amended by adding the following sections:
Definition of "personal information"
14. In sections 15 and 16,
"personal information" means personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act.
Collection and use of personal information
15. (1) The Minister may collect personal information, directly or indirectly, for purposes related to the following matters, and may use it for those purposes:
1. Administering this Act and the regulations, and such other Acts and regulations as are assigned to him or her by the provisions of the Acts or regulations or by the Lieutenant Governor in Council under the Executive Council Act, and implementing directives made under such legislation.
2. Ensuring compliance with the Acts identified in paragraph 1 and the regulations and directives made under such Acts.
3. Planning for, allocating and administering funding to colleges, universities and other post-secondary educational and training institutions and detecting, monitoring and preventing any unauthorized receipt of or use of the funding.
4. Planning or delivering post-secondary educational or training related programs or services that the Ministry provides or funds, in whole or in part, allocating resources to any of them, evaluating or monitoring any of them or detecting, monitoring and preventing fraud and any unauthorized receipts of services or benefits related to such funding.
5. Monitoring and evaluating the quality, outcomes and delivery of post-secondary programs and services provided by colleges, universities and other post-secondary educational and training institutions to their students to ensure accountability for the use of public funds and support for the continued efficient allocation of funding to such institutions.
6. Implementing risk management, error management or activities to improve or maintain the quality of the programs and services that the Ministry provides or funds, in whole or in part.
7. Conducting research and analysis, including longitudinal studies, and statistical activities conducted by or on behalf of the Ministry for purposes that relate to post-secondary education and training, including,
i. understanding the transition of students from secondary school to post-secondary education and training,
ii. understanding student participation and progress, mobility and learning and employment outcomes,
iii. understanding linkages among universities, colleges, secondary schools and other educational and training institutions prescribed by regulation,
iv. understanding trends in post-secondary education or training program choices made by students,
v. understanding sources and patterns of student financial resources, including financial assistance and supports provided by government and post-secondary educational and training institutions,
vi. planning to enhance the affordability and accessibility of post-secondary education and training and the quality and effectiveness of the post-secondary sector,
vii. identifying conditions or barriers that inhibit student participation, progress, completion and transition to employment or future post-secondary educational or training opportunities, and
viii. developing key performance indicators.
Limits on collection and use
(2) The Minister shall not collect or use personal information if other information will serve the purpose of the collection or use.
Same
(3) The Minister shall not collect or use more personal information than is reasonably necessary to meet the purpose of the collection or use.
Disclosure and sharing
(4) The Minister and the following persons and entities, for the purposes identified in each paragraph, may disclose personal information to and indirectly collect personal information from each other:
1. The Minister of Education, for the purposes identified in paragraph 7 of subsection (1).
2. The Minister of Education and the Government of Canada, for the purposes of monitoring and evaluating the quality, outcomes and delivery of post-secondary education and training programs and services that are funded directly or indirectly, in whole or in part, by both the Government of Canada and the Ministry to ensure accountability in the use of public funds and support for the continued allocation of funding for the programs and services.
3. The Minister of Education and other ministers that may be prescribed, for those purposes identified in paragraph 7 of subsection (1) that are prescribed.
Deemed compliance
(5) A disclosure of personal information under subsection (4) is deemed to be for the purposes of complying with this Act and the Education Act.
Minister requiring disclosure
(6) The Minister may require any of the following institutions and entities to disclose to him or her such personal information as is reasonably necessary for the purposes described in subsection (1):
1. A college established under the Ontario Colleges of Applied Arts and Technology Act, 2002.
2. A university that receives regular and ongoing operating funds from the government for purposes of post-secondary education.
3. A private career college registered under the Private Career Colleges Act, 2005.
4. The Northern Ontario School of Medicine.
5. The Michener Institute of Applied Health Sciences.
6. The Ontario College Application Services, Inc., operating as the Ontario College Application Services, and the Ontario Universities' Application Centre, a division of COU Holding Association Inc.
7. Any other post-secondary educational or training institution or other entity prescribed by regulation for the purpose of this section.
Time and form of disclosure
(7) The Minister may specify the time at which and the form in which the personal information required from an institution or entity under subsection (6) must be provided and the secure method to be used in the transfer of the information.
Notice required by s. 39 (2) of FIPPA
(8) If the Minister collects personal information indirectly 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 the Government of Ontario's website; or
(b) any other method that may be prescribed by regulation.
Regulations
(9) The Lieutenant Governor in Council may make regulations for the purposes of this section,
(a) prescribing educational and training institutions for the purposes of subparagraph 7 iii of subsection (1);
(b) prescribing ministers for the purposes of paragraph 3 of subsection (4) and the purposes identified in paragraph 7 of subsection (1) for which personal information may be disclosed to them and indirectly collected from them;
(c) prescribing post-secondary educational or training institutions or other entities for the purposes of paragraph 7 of subsection (6);
(d) prescribing methods of giving the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act.
Ontario education numbers
Assignment of numbers
16. (1) The Minister may assign an Ontario education number to a person who is enrolled or who seeks admission to be enrolled in a college, university or other post-secondary educational and training institution prescribed by regulation, if an education number has not already been assigned to the person by the Minister of Education.
Collection, use and disclosure of personal information
(2) For the purposes of assigning an Ontario education number by the Minister under subsection (1) and validating and updating the number and the personal information associated with the number, officers and employees who are employed in the Ministry,
(a) are authorized to collect, directly or indirectly, personal information; and
(b) may use and disclose personal information.
s. 39 (2) FIPPA non-applicable
(3) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply to a collection under clause (2) (a).
Deemed compliance
(4) Disclosure of information under clause (2) (b) is deemed to be for the purpose of complying with this Act and the Education Act.
Exception, re privacy
(5) Despite subsection 266.3 (1) of the Education Act, a college, university or other post-secondary educational and training institution prescribed by regulation may collect, use or disclose or require the production of a person's Ontario education number for purposes related to the provision of post-secondary education and training to that person.
Same
(6) Despite subsection 266.3 (1) of the Education Act, the Minister and a college, university or other post-secondary educational and training institution prescribed by regulation or persons or entities prescribed by regulation may collect, use or disclose or require the production of Ontario education numbers,
(a) for purposes related to post-secondary educational and training administration, funding, planning or research; and
(b) for purposes related to the provision of financial assistance associated with the person's post-secondary education and training.
Offence
(7) Any person who collects, uses or discloses or requires the production of another person's Ontario education number, except as permitted by this section, the Education Act or otherwise by law, is guilty of an offence.
Penalty, individuals
(8) An individual who is convicted of an offence under this section is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
Penalty, corporations
(9) A corporation that is convicted of an offence under this section is liable to a fine of not more than $25,000.
Regulations
(10) The Lieutenant Governor in Council may make regulations,
(a) prescribing colleges, universities and other post-secondary educational and training institutions for the purposes of this section;
(b) for purposes associated with Ontario education numbers, authorizing personal information to be collected by the Ministry or by prescribed colleges, universities and other post-secondary educational and training institutions, other than directly from the individual to whom the information relates, and regulating the manner in which the information is collected;
(c) requiring the use of Ontario education numbers by prescribed colleges, universities and other post-secondary educational and training institutions for the purposes specified in the regulations;
(d) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this section.
Education Act
2. (1) The following apply with respect to the application of subsections (3) to (9):
1. Subsections (3), (4) and (5) apply if, on the day this subsection comes into force, neither subsection 13 (1) nor (2) of Schedule D to the Child Care Modernization Act, 2013, as enacted by Bill 143 (Child Care Modernization Act, 2013), has come into force.
2. Subsections (6), (7) and (8) apply if subsection 13 (1) of Schedule D to the Child Care Modernization Act, 2013, as enacted by Bill 143 (Child Care Modernization Act, 2013), comes into force on or before the day this subsection comes into force, but subsection 13 (2) of Schedule D to the Child Care Modernization Act, 2013, as enacted by Bill 143 (Child Care Modernization Act, 2013), has not come into force on that date.
3. Subsection (9) applies if subsection 13 (2) of Schedule D to the Child Care Modernization Act, 2013, as enacted by Bill 143 (Child Care Modernization Act, 2013), comes into force on or before the day this subsection comes into force.
(2) References in this section to provisions of Bill 143 (Child Care Modernization Act, 2013) are references to those provisions as they were numbered in the first reading version of the Bill.
(3) Subsections 266.2 (2) to (4) of the Education Act are repealed and the following substituted:
Same
(2) The persons and entities described in subsection (3) are authorized to collect personal information, directly or indirectly, and to use and disclose personal information, for the purposes of,
(a) assigning Ontario education numbers under subsection (1); and
(b) validating and updating the numbers and the personal information associated with them.
Same
(3) Subsection (2) applies to:
1. The Minister.
2. Prescribed educational and training institutions.
3. Prescribed persons.
4. Prescribed entities that co-ordinate a person's enrolment in or admission to a prescribed educational or training institution.
Same
(4) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to a collection under subsection (2).
Same
(5) The disclosure of information under subsection (2) is deemed to be for the purposes of complying with this Act or the Ministry of Training Colleges and Universities Act.
(4) Subsection 266.2 (5) of the Act, as enacted by subsection (3), is amended by striking out "this Act or the Ministry of Training Colleges and Universities Act" at the end and substituting "this Act, the Ministry of Training Colleges and Universities Act or the Child Care and Early Years Act, 2013".
(5) Subsections 13 (1) and (2) of Schedule D to the Child Care Modernization Act, 2013 (Bill 143) are repealed.
(6) Subsection 266.2 (5) of the Act, as enacted by subsection 13 (1) of Schedule D to the Child Care Modernization Act, 2013 (Bill 143), is amended by adding "or the Ministry of Training, Colleges and Universities Act", at the end.
(7) Subsection 266.2 (5) of the Act, as amended by subsection (6), is amended by striking out "this Act or the Ministry of Training, Colleges and Universities Act" at the end and substituting "this Act, the Ministry of Training, Colleges and Universities Act or the Child Care and Early Years Act, 2013".
(8) Subsection 13 (2) of Schedule D to the Child Care Modernization Act, 2013 (Bill 143) is repealed.
(9) Subsection 266.2 (5) of the Act is amended by striking out "this Act or the Child Care and Early Years Act, 2013" at the end and substituting "this Act, the Ministry of Training Colleges and Universities Act or the Child Care and Early Years Act, 2013".
Private Career Colleges Act, 2005
3. Subsection 50 (2) of the Private Career Colleges Act, 2005 is amended by adding "or" at the end of clause (a) and by repealing clause (b).
Commencement
4. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
schedule
5
ministry of transportation
1. Part X.2 of the Highway Traffic Act is repealed and the following substituted:
PART X.2
Stretcher TRANSPORTATION SERVICES
Definitions
191.5 In this Part,
"ambulance" and "ambulance service" have the same meanings as in the Ambulance Act; ("ambulance", "service d'ambulance")
"attendant" means a person employed or engaged by a certificate holder who drives a stretcher transportation vehicle or accompanies and assists passengers in a stretcher transportation vehicle; ("accompagnateur")
"certificate", except in section 191.6, means a certificate issued under this Part that authorizes the holder to provide stretcher transportation services; ("certificat")
"compensation" includes any rate, remuneration, reimbursement or reward of any kind paid, payable, promised, received or demanded, directly or indirectly; ("rémunération")
"inspector" means a person appointed under this Part or under section 223; ("inspecteur")
"prescribed" means prescribed by regulations made under this Part; ("prescrit")
"stretcher transportation services" means services provided for compensation, or for no compensation by a charitable organization registered under the Income Tax Act (Canada), for the transportation of passengers on stretchers, and includes transporting passengers to and from a stretcher transportation vehicle, but does not include ambulance services; ("services de transport en civière")
"stretcher transportation vehicle" means a motor vehicle used to transport passengers on stretchers, but does not include an ambulance. ("véhicule de transport en civière")
Non-application to ambulance services
191.6 Nothing in this Part applies to an ambulance service operated by a person under the authority of a certificate issued under the Ambulance Act.
Prohibitions
Certificate required to provide stretcher transportation services
191.7 (1) No person shall provide stretcher transportation services except under the authority of and in accordance with a certificate.
Offering, holding out
(2) No person shall offer to provide stretcher transportation services or hold themselves out as being authorized to provide stretcher transportation services unless they hold a certificate.
Attendants
(3) A certificate holder shall not employ or engage a person as an attendant, or as a prescribed class of attendant, unless that person has the prescribed qualifications for that position.
Insurance
(4) A certificate holder shall not provide stretcher transportation services unless the holder is insured for the prescribed kinds of liability and in the amounts prescribed.
Requirement to provide information
(5) A certificate holder shall provide prescribed information, in the prescribed manner and at the prescribed time or times, to persons requesting or receiving stretcher transportation services and to other prescribed persons.
Offence
(6) Every person who contravenes subsection (1), (2), (3), (4) or (5) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $2,000.
Certificate
Issuance, renewal
191.7.1 (1) The Minister may issue a certificate to an applicant or renew a certificate if the Minister is satisfied that the person meets the prescribed requirements.
Limitations, conditions
(2) Upon issuing or renewing a certificate, the Minister may attach to the certificate any limitation and condition that he or she considers appropriate.
Refusal to issue or renew, suspension or revocation
(3) The Minister may refuse to issue or renew a certificate and may suspend or revoke a certificate if the Minister is of the opinion that the applicant or holder does not meet or no longer meets the prescribed requirements.
Certificate not transferable
(4) A certificate is not transferable.
Return of certificate
(5) Every certificate is the property of the Crown and shall be returned to the Ministry in the prescribed circumstances and manner and at the prescribed time.
Certificate number
(6) The Minister shall assign a unique number identifier to each issued certificate and every certificate holder shall use the number assigned to their certificate as prescribed.
Information available to the public
(7) The Minister may make the names of certificate holders, and any other information respecting certificate holders that he or she thinks should be publicly known, available to the public in the manner that he or she considers appropriate.
Attendants
191.7.2 (1) No person shall act as an attendant, or as a prescribed class of attendant, unless he or she has the prescribed qualifications to do so.
Required to identify self
(2) Upon request, an attendant shall identify himself or herself to a police officer or an inspector and, for that purpose, giving his or her correct name, date of birth and address is sufficient identification.
Required to identify certificate holder
(3) Upon request, an attendant shall identify the certificate holder to a police officer or an inspector and, for that purpose, giving the number assigned to the certificate holder's certificate is sufficient identification.
Emergency medical assistance
(4) If a person receiving stretcher transportation services appears to an attendant to be in need of emergency medical assistance, the attendant shall immediately contact ambulance, police or fire department emergency services and shall follow their instructions.
Vehicle requirements
191.7.3 (1) A certificate holder shall ensure that the stretcher transportation vehicles used to provide stretcher transportation services meet the requirements of this section and the regulations made under this Part, including being equipped with any prescribed equipment or thing and being inspected and maintained as prescribed, in addition to meeting any other applicable vehicle requirements under this Act.
Duty of attendant
(2) An attendant shall ensure that a stretcher transportation vehicle which the attendant is driving or in which the attendant accompanies and assists a passenger meets the requirements of this section and the regulations made under this Part, including being equipped with any prescribed equipment or thing and being inspected and maintained as prescribed, in addition to meeting any other applicable vehicle requirements under this Act.
Emergency services communication
(3) Every stretcher transportation vehicle must be equipped with equipment that allows for communication with ambulance, police or fire department emergency services.
Identification of vehicle
(4) Every stretcher transportation vehicle must display on the outside of the vehicle and in the prescribed manner the name of the certificate holder that operates the vehicle, the number of the holder's certificate and any other prescribed word, phrase, sign or marking.
Cannot pass off vehicle as an ambulance
(5) A stretcher transportation vehicle must not display anywhere inside or outside the vehicle the word "ambulance" or any prescribed word, phrase, sign or marking or be used as or held out to be an ambulance.
Offence
(6) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $2,000.
Operation requirements
191.7.4 (1) A certificate holder shall ensure that the stretcher transportation services the holder provides are provided in accordance with the regulations made under this Part.
Vehicle operation
(2) A certificate holder shall ensure that the stretcher transportation vehicles used by the holder to provide stretcher transportation services are operated in accordance with the regulations made under this Part.
Duty of attendant
(3) An attendant shall ensure that the stretcher transportation services provided while he or she is acting as an attendant are provided in accordance with the regulations made under this Part and that the stretcher transportation vehicle which he or she drives or in which he or she accompanies or assists a passenger is operated in accordance with the regulations made under this Part.
Offence
(4) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $2,000.
Inspectors
191.7.5 (1) The Minister may appoint one or more persons as inspectors for the purposes of this Part and shall issue to every inspector a certificate of appointment.
Inspector's duty to identify self
(2) Every inspector, in the execution of his or her duties and powers under this section, shall produce his or her certificate of appointment upon request.
Power to examine vehicles
(3) For the purpose of ensuring compliance with this Part, an inspector may examine a stretcher transportation vehicle without a warrant and subsections 216.1 (1) to (7) apply to this power with necessary modifications, including the modification that references to the driver in subsections 216.1 (1) and (3) shall be read as referring to an attendant.
Power to inspect premises
(4) For the purpose of ensuring compliance with this Part, an inspector may, without a warrant,
(a) enter any premises that are the business premises of a certificate holder;
(b) enter any premises that are business premises where the records of a certificate holder or motor vehicles, equipment or other things that are relevant to the inspection are kept;
(c) examine motor vehicles, equipment, documents, records or other things that are relevant to the inspection;
(d) demand the production for inspection of a motor vehicle, equipment, document, record or other thing that is relevant to the inspection;
(e) remove for review and examination or testing a motor vehicle, equipment or other thing that is relevant to the inspection;
(f) remove for review and copying a document or record that is relevant to the inspection;
(g) in order to produce information or a document or record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business on the premises;
(h) carry out any examination, test, audit or investigation procedure that is relevant to the inspection; and
(i) question a person on matters relevant to the inspection.
Dwellings
(5) The power to enter and inspect premises under this section shall not be exercised to enter and inspect any part of the premises that is used as a dwelling without the consent of the occupier.
Written demand for documents and records
(6) An inspector may at any time, for any purpose related to the administration or enforcement of this Part, deliver a demand personally on a certificate holder, attendant or any director, officer, employee or agent of the certificate holder, or mail a demand to such person at the latest address of the person appearing on the records of the Ministry, requiring that the person deliver to the inspector, within the time specified in the demand, any document or record the production of which could be required under clause (4) (d).
Time of entry
(7) The power to enter and inspect premises shall be exercised during the regular business hours of the premises or, if the premises do not have regular business hours, at any time the premises are open for business.
Assistance
(8) An inspector may be accompanied by any person or persons who may be of assistance to him or her in conducting the inspection.
Use of force
(9) An inspector is not entitled to use force to enter and inspect any premises under this section.
Obligation to produce and assist
(10) If an inspector demands that a motor vehicle, equipment, document, record or other thing be produced for inspection, the person who has custody of the motor vehicle, equipment, document, record or thing shall produce it immediately and, in the case of a document or record, shall on request provide any assistance that is reasonably necessary to interpret the document or record or to produce it in a readable form.
Things removed
(11) An inspector who removes a motor vehicle, equipment, document, record or other thing under clause (4) (e) or (f) or to whom a motor vehicle, equipment, document, record or other thing is delivered pursuant to a demand made under clause (4) (d) shall give a receipt for it and return it to the person who produced or delivered it within a reasonable time.
Copy admissible in evidence
(12) A copy of a document or record that is certified as a true copy by the person making it is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the document or record copied and its contents.
Co-operation with inspector
(13) A certificate holder, an attendant and the directors, officers, employees and agents of a certificate holder shall co-operate with an inspector conducting an inspection.
Obstruction
(14) No person shall hinder, obstruct or interfere with an inspector conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the inspector with information on matters relevant to the inspection that the person knows to be false or misleading.
Offence
(15) Every person who contravenes subsection (10), (13) or (14) or fails to comply with a direction, requirement or demand made under subsection (3) or (6) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $2,000.
Certificate holder's records, reports
Prescribed records
191.7.6 (1) A certificate holder shall keep prescribed records and, upon the demand of the Minister, shall produce and surrender to the Minister a copy of any such record or any information required to be contained in any such record.
Reports
(2) A certificate holder shall submit reports to the Minister as may be prescribed.
Reports of accidents and incidents
(3) A certificate holder shall report to the Minister any accident or other incident involving a stretcher transportation vehicle that,
(a) resulted in injury to or the death of any person;
(b) is required to be reported under section 199; or
(c) is prescribed.
Offence
(4) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $2,000.
Regulations
191.7.7 (1) The Minister may make regulations,
(a) governing the issue and renewal of certificates, including the requirements to be met by an applicant or holder and the term of validity of certificates;
(b) governing the suspension and revocation of certificates;
(c) prescribing and governing appeals from a refusal to issue or renew a certificate, from a suspension or revocation of a certificate or from the attachment of a limitation or condition to a certificate, and a right to be heard in respect of a proposal to refuse to issue or renew, to suspend or revoke or to attach a limitation or condition, including prescribing circumstances in which there is no right to an appeal or to be heard;
(d) prescribing the qualifications to be an attendant, or a specified class of attendant;
(e) prescribing the kinds and amounts of liability insurance to be held by certificate holders;
(f) prescribing the information to be provided by certificate holders to persons requesting or receiving stretcher transportation services, prescribing other persons to be provided information by certificate holders and the information to be provided to them and governing the manner and time or times that such information must be given;
(g) prescribing the circumstances and manner in which, and time when, certificates are to be returned to the Ministry;
(h) governing the use of certificate numbers by certificate holders;
(i) requiring the use of any equipment or other thing on or in stretcher transportation vehicles, prescribing standards and specifications for such equipment or thing and for stretcher transportation vehicles and prescribing inspection and maintenance requirements for such equipment, thing or vehicle;
(j) prescribing and governing the manner in which passengers are to be secured on stretchers and the manner in which stretchers are to be secured into stretcher transportation vehicles;
(k) prescribing words, phrases, signs and markings to be displayed on stretcher transportation vehicles and governing their display and the display of certificate holders' names and the number of holders' certificates on stretcher transportation vehicles;
(l) prescribing prohibited words, phrases, signs and markings for the purpose of subsection 191.7.3 (4);
(m) prescribing and governing standards for the provision of stretcher transportation services and for the operation of stretcher transportation vehicles, including prescribing the number and duties of attendants required to be in a stretcher transportation vehicle while it is being used to provide stretcher transportation services;
(n) prescribing and governing records to be kept by certificate holders, including where, in what form and for how long they must be kept;
(o) prescribing and governing reports to be submitted by certificate holders to the Minister;
(p) prescribing accidents and incidents to be reported to the Minister under subsection 191.7.6 (3) and governing the reporting of any accident or incident under that subsection;
(q) prescribing and governing fees to be paid for applications, for the issue and renewal of certificates, for inspections and for any other service or activity provided or carried out by or on behalf of the Ministry under this Part;
(r) requiring notices for any purpose of this Part, governing such notices and prescribing rules in respect of their delivery and receipt;
(s) defining any word or expression used in this Part that has not already been expressly defined either in subsection 1 (1) or in this Part;
(t) prescribing exemptions from any provision or requirement of this Part or of a regulation made under this section, and prescribing circumstances and conditions for any such exemption;
(u) prescribing and governing transition rules to address the transportation services governed by this Part before the coming into force of this section, including exemptions from any provision of this Part or of a regulation made under this section for a specified period of time or until a specified event occurs.
Different classes of attendants
(2) A regulation made under clause (1) (m) may prescribe different obligations in respect of subsections 191.7.2 (4), 191.7.3 (2) and 191.7.4 (3) for different classes of attendants and may provide that a specified class of attendants be responsible for ensuring that only some of the requirements referred to in those subsections are met.
2. Subsection 217 (2) of the Act is amended by adding "subsection 191.7.2 (2)" after "subsection 185 (3)".
Commencement
3. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
EXPLANATORY NOTE
The Bill amends a number of Acts. For convenience, the amendments are set out in separate Schedules. The Schedules are named according to the ministries that administer the Acts being amended. The commencement provisions for each of the Schedules are set out in the Schedules.
schedule
1
ministry of the attorney general
The Schedule to section 21.8 of the Courts of Justice Act is amended to add proceedings under the Civil Marriage Act (Canada) to the list of proceedings that are within the jurisdiction of the Family Court. The Schedule is also amended to permit additional family law proceedings to be added to the Family Court's jurisdiction by regulation. A related regulation-making authority is added to subsection 53 (1) of the Act.
schedule
2
ministry of finance
The provisions of the Pension Benefits Act dealing with joint and survivor pensions and pre-retirement death benefits are amended. The amendments relate to how the definition of "spouse" in subsection 1 (1) of the Act applies in those provisions for the purpose of determining eligibility for benefits.
Administrators who made payments in specified circumstances before the amendments come into force are granted a discharge. In the case of payments of pre-retirement death benefits, the discharge is granted to administrators who made payments before October 31, 2012. The Act is amended to provide that no person has a claim against an administrator who made payments, or against the recipient of the payments, if specified circumstances exist.
Technical amendments are made to section 80.1 of the Pension Benefits Act in respect of the transfer of assets between pension plans when a business has previously been sold. Currently, section 80.1 of the Pension Benefits Act is to be repealed on July 1, 2015. The Schedule changes the repeal date to July 1, 2016. A consequential amendment is made to the Pension Benefits Amendment Act, 2010 in order to implement the new repeal date.
schedule
3
Ministry of health and long-term care
Amendments are made to the Commitment to the Future of Medicare Act, 2004 to protect the directors, officers, members, employees and agents of the Ontario Medical Association from civil liability for their good faith actions in negotiations with the Government of Ontario concerning insured services and physician payments.
schedule
4
ministry of training, colleges and universities and ministry of education
Ministry of Training, Colleges and Universities Act
The Ministry of Training, Colleges and Universities Act is amended by adding two substantive sections, section 15 dealing with the collection and use of personal information and section 16 dealing with Ontario education numbers. In the case of both substantive sections, the term "personal information" defined in section 14, also added to the Act by the Schedule, means personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act.
The Minister is given the authority to collect personal information, directly or indirectly, for the purposes set out in subsection 15 (1) and is authorized to use the personal information for those purposes. The Minister is prohibited from collecting or using personal information if other information will serve the purpose, and the Minister cannot collect more personal information than is reasonably necessary to meet the purpose of the collection and use.
Subsection 15 (4) permits the Minister and certain listed persons and entities to disclose personal information to and indirectly collect personal information from each other for the purposes identified in the subsection. A disclosure of personal information under this subsection is deemed to be for the purpose of complying with the Ministry of Training, Colleges and Universities Act and the Education Act.
The Minister may require listed institutions and entities to disclose to the Minister such personal information as is reasonably necessary for the purposes described in subsection 15 (1). If the Minister does collect personal information indirectly, he or she is required to give notice in accordance with subsection 15 (8).
The Lieutenant Governor in Council is authorized to make certain regulations in respect of section 15.
Section 16 deals with Ontario education numbers. Subsection 16 (1) authorizes the Minister to assign an Ontario education number to a person who is enrolled or seeks admission to be enrolled in a college, university or other post-secondary educational and training institution prescribed by regulation, if an education number has not already been assigned to the person by the Minister of Education.
For the purpose of assigning an Ontario education number and validating and updating the number and the personal information associated with the number, officers and employees who are employed in the Ministry are authorized to collect, directly or indirectly, personal information and may use and disclose the personal information.
A college, university or other post-secondary education and training institution may collect, use or disclose or require the production of a person's Ontario education number for purposes related to the provision of post-secondary education and training to that person. The same institutions or persons or entities prescribed by regulation may collect, use or disclose or require the production of Ontario education numbers for certain purposes set out in subsection 16 (6).
It is an offence to collect, use or disclose or require the production of another person's Ontario education number except as permitted by section 16, the Education Act or otherwise by law.
The Lieutenant Governor in Council is authorized to make regulations in respect of specified matters related to section 16 and the Ontario education number.
Education Act
The Schedule repeals subsections 266.2 (2) to (4) of the Education Act and remakes them. The re-enacted subsection (2) expands the purposes for which personal information may be collected and disclosed and the re-enacted subsection (3) expands the categories of persons who may collect and disclose the personal information. The new subsection (5) deems, as a reason for disclosing information under subsection (2), the purpose of compliance with the Ministry of Training, Colleges and Universities Act, as well as compliance with the Education Act as in the current subsection 266.2 (4).
Private Career Colleges Act, 2005
Clause 50 (2) (b) of the Private Career Colleges Act, 2005 is repealed. This clause allowed for the collection of personal information in respect of students for the purpose of collecting information on the performance indicators applicable to vocational programs provided by private career colleges. The amendment is consistent with regulatory changes that have been made under the Act.
schedule
5
ministry of transportation
The Schedule repeals Part X.2 of the Highway Traffic Act, entitled Medical Transportation Services, and re-enacts Part X.2 under the title Stretcher Transportation Services.
Stretcher transportation services is defined as services provided for compensation (or for no compensation by a charity) to transport passengers on stretchers. It expressly excludes ambulance services as defined in the Ambulance Act. Section 191.6 states that Part X.2 does not apply to ambulance services provided under the Ambulance Act.
Stretcher transportation services may be provided only under the authority of a certificate issued by the Minister of Transportation. The Minister may attach limitations and conditions to a certificate and may refuse to issue or renew a certificate or suspend or revoke a certificate if the applicant or holder does not meet, or no longer meets, the prescribed requirements. The Minister may make information about certificate holders - their names and other information he or she thinks should be publicly known - available to the public.
The vehicles used to transport passengers must meet the requirements of the Act and the regulations. They must contain prescribed equipment and meet prescribed inspection and maintenance standards. They must be equipped with communication equipment to allow contact with ambulance, police or fire department emergency services. They must display any prescribed words, phrases, signs and markings and not be marked with the word "ambulance" or used as or held out to be an ambulance.
The attendants in stretcher transportation vehicles - the persons employed or engaged by a certificate holder to drive the vehicles or to accompany and assist the passengers - must have prescribed qualifications. If a person being transported to, in or from a stretcher transportation vehicle appears to an attendant to require emergency medical assistance, the attendant must immediately contact ambulance, police or fire department emergency services and follow their instructions. Attendants must identify themselves and the certificate holder on the request of a police officer or inspector appointed under the Act. Subsection 217 (2) of the Act is amended so that if an attendant does not identify himself or herself to the officer or inspector, he or she may be arrested without a warrant.
Inspectors are authorized to conduct inspections, without a warrant, of stretcher transportation vehicles and related business premises. With respect to stretcher transportation vehicles, inspectors are also given the powers of an officer under section 216.1 of the Act, which include the power to stop a vehicle and to seize its permits and plates if it is being operated in contravention of the Highway Traffic Act or other related Acts.
The Minister is given extensive regulation-making powers in addition to the powers to prescribe the matters mentioned above. These include the following: prescribing kinds and amounts of insurance certificate holders must carry; prescribing information that certificate holders must provide to passengers and other persons; prescribing standards for the provision of stretcher transportation services and for the operation of stretcher transportation vehicles; prescribing records to be kept and reports to be submitted by certificate holders.
For most of the provisions of this Part, the penalty on conviction is a fine of not less than $100 and not more than $2,000.