[40] Bill 40 Original (PDF)
Bill 40 2013
An Act to amend the Regulated Health Professions Act, 1991
Note: This Act amends the Regulated Health Professions Act, 1991. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 (1) of the Regulated Health Professions Act, 1991 is amended by adding the following definition:
"spouse" in relation to a member, means,
(a) a person who is the member's spouse as defined in section 1 of the Family Law Act,
(b) a person who lives with the member in a conjugal relationship outside marriage, or
(c) a person who satisfies the criteria prescribed by the regulations; ("conjoint")
2. Subsection 43 (1) of the Act is amended by adding the following clause:
(0.a) prescribing criteria for the purposes of clause (c) of the definition of "spouse" in subsection 1 (1);
3. Section 1 of Schedule 2 to the Act is amended by adding the following subsection:
Spousal exemption
(5) The Council may, under clause 95 (1) (0.a), prescribe circumstances in which the conduct, behaviour or remarks referred to in subsection (3) do not constitute sexual abuse between a member and his or her spouse.
4. Subsection 95 (1) of Schedule 2 to the Act is amended by adding the following clause:
(0.a) prescribing circumstances for the purposes of subsection 1 (5);
Commencement
5. This Act comes into force on the day it receives Royal Assent.
Short title
6. The short title of this Act is the Regulated Health Professions Amendment Act (Treating Spouses), 2013.
EXPLANATORY NOTE
Currently, subsection 1 (3) of the Health Professions Procedural Code, which is a Schedule to the Regulated Health Professions Act, 1991, sets out a definition of "sexual abuse" which includes sexual relations between a patient and a member of a regulated health profession. New subsection 1 (5) of the Code enables each regulated profession to provide, by regulation, an exemption for such conduct when the patient is also the member's spouse.
A definition of "spouse" is added to the Act and applies to all regulated professions.