Independent Health Facilities Act, R.S.O. 1990, c. I.3

• Jurisdiction: Ontario

Independent Health Facilities Act

R.S.O. 1990, Chapter I.3

Consolidation Period: From May 18, 2023 to the e-Laws currency date.

Note: This Act is repealed on a day to be named by proclamation of the Lieutenant Governor. (See: 2023, c. 4, Sched. 1, s. 66 (1))

Last amendment: 2023, c. 4, Sched. 1, s. 66 (1).

CONTENTS

Interpretation

1 (1) In this Act,

“assessor” means an assessor appointed under section 27; (“évaluateur”)

“Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission”)

“College” means the College of Physicians and Surgeons of Ontario; (“Ordre”)

“compliance order” means an order made under section 40.1; (“ordre de conformité”)

“Director” means the Director appointed under section 4; (“directeur”)

“facility fee” means,

(a) a charge, fee or payment for or in respect of a service or operating cost that,

(i) supports, assists and is a necessary adjunct, or any of them, to an insured service, and

(ii) is not part of the insured service, or

(b) a charge, fee or payment for or in respect of a service or class of services designated by the Minister under clause 4 (2) (a); (“frais d’établissement”)

“health facility” means a place in which one or more members of the public receive health services and includes an independent health facility; (“établissement de santé”)

“independent health facility” means,

(a) a health facility in which one or more members of the public receive services for or in respect of which facility fees are charged or paid, or

(b) a health facility or a class of health facilities designated by the Minister under clause 4 (2) (b),

but does not include a health facility referred to in section 2; (“établissement de santé autonome”)

“inspector” means an inspector appointed under section 25 or 26; (“inspecteur”)

“insured person” has the same meaning as in the Health Insurance Act; (“assuré”)

“insured service” means,

(a) a service rendered by a physician for which an amount payable is prescribed by the regulations under the Health Insurance Act, or

(b) a service prescribed as an insured service under the Health Insurance Act rendered by a practitioner within the meaning of that Act; (“service assuré”)

“justice” has the same meaning as in the Provincial Offences Act; (“juge”)

“licence” means a licence issued by the Director under this Act; (“permis”)

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

“Ministry” means the Ministry of Health and Long-Term Care; (“ministère”)

“patient” means a person who receives health services in a health facility; (“patient”)

“personal information” means personal information as defined in the Freedom of Information and Protection of Privacy Act and includes personal health information as defined in the Personal Health Information Protection Act, 2004; (“renseignements personnels”)

“physician” means a legally qualified medical practitioner; (“médecin”)

“Plan” means the Ontario Health Insurance Plan referred to in section 10 of the Health Insurance Act; (“Régime”)

“potential licensee” means a person who is permitted to operate an independent health facility under subsection 7 (6) or to provide a service under subsection 8 (5); (“titulaire éventuel de permis”)

“provincial offences officer” has the same meaning as in the Provincial Offences Act; (“agent des infractions provinciales”)

“Registrar” means the Registrar of the College of Physicians and Surgeons of Ontario; (“registrateur”)

“regulated health professional” means a health professional whose profession is regulated under the Regulated Health Professions Act, 1991; (membre d’une profession de la santé réglementée)

“regulations” means regulations made under this Act; (“règlements”)

“requirement under this Act” means a requirement contained in this Act or its regulations, or set out in a compliance order or other order authorized under this Act or a requirement that is a limitation and condition of a licence or condition of receiving funding; (“exigence que prévoit la présente loi”)

“voting share” means any share of any class of shares of a body corporate carrying voting rights under all circumstances and any share of any class of shares carrying voting rights by reason of the occurrence of a contingency that has occurred and is continuing. (“action avec droit de vote”) R.S.O. 1990, c. I.3, s. 1 (1); 1996, c. 1, Sched. F, s. 19; 1998, c. 18, Sched. G, s. 60 (1); 2002, c. 18, Sched. I, s. 12 (1); 2006, c. 19, Sched. L, s. 11 (2, 3); 2009, c. 33, Sched. 18, ss. 13 (1), 17 (2); 2019, c. 15, Sched. 19, s. 1.

Interest affecting the control of a corporation

(2) A person shall be deemed to have an interest affecting the control of a corporation if the person alone or with one or more associates directly or indirectly beneficially owns or controls the lesser of,

(a) voting shares in the corporation in a sufficient number to permit that person either alone or with one or more associates to direct the management and policies of the corporation; or

(b) voting shares to which are attached 10 per cent or more of the voting rights attached to all issued and outstanding voting shares of the corporation. R.S.O. 1990, c. I.3, s. 1 (2).

Associates

(3) Persons shall be deemed to be associates of each other if,

(a) one person is a corporation of which the other person is an officer or director;

(b) one person is a partner of the other person;

(c) one person is a corporation of which the other person beneficially owns, directly or indirectly, voting shares carrying more than 10 per cent of the voting rights attached to all voting shares of the corporation for the time being outstanding;

(d) both persons are members of a voting trust where the trust relates to shares of a corporation;

(e) one person is the father, mother, brother, sister, child or spouse of the other person or is another relative who has the same home as the other person; or

(f) both persons are associates within the meaning of clauses (a) to (e) of the same person. R.S.O. 1990, c. I.3, s. 1 (3); 1999, c. 6, s. 30 (1); 2005, c. 5, s. 34 (1).

Definition

(3.1) In subsection (3),

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. 1999, c. 6, s. 30 (2); 2005, c. 5, s. 34 (2, 3).

Corporations without share capital

(4) For the purposes of this Act, the provisions of this Act related to corporations, their control, and the ownership, control and voting of shares apply with necessary modifications in respect of corporations to which the Not-for-Profit Corporations Act, 2010 applies. R.S.O. 1990, c. I.3, s. 1 (4); 2010, c. 15, s. 229.

Section Amendments with date in force (d/m/y)

1996, c. 1, Sched. F, s. 19 (1, 2, 4, 5) - 1/04/1996; 1998, c. 18, Sched. G, s. 60 (1) - 1/02/1999; 1999, c. 6, s. 30 (1, 2) - 1/03/2000

2002, c. 18, Sched. I, s. 12 (1) - 26/11/2002

2005, c. 5, s. 34 (1-3) - 9/03/2005

2006, c. 19, Sched. L, s. 11 (2, 3) - 22/06/2006

2009, c. 33, Sched. 18, s. 13 (1), 17 (2) - 15/12/2009

2010, c. 15, s. 229 - 19/10/2021

2019, c. 15, Sched. 19, s. 1 - 10/12/2019

Application of Act

2 This Act does not apply to the following health facilities, persons, places or services:

1. An office or place in which one or more persons provide services in the course of the practice of a health profession,

i. for or in respect of which the only charges made for insured services are for amounts paid or payable by the Plan as defined in the Health Insurance Act, and

ii. for or in respect of which no facility fee is requested from or paid by the Province or any person.

2. A service or class of services that is exempt by the regulations.

3. A health facility or class of health facilities that is exempt by the regulations.

4. A person who is or a class of persons that is exempt by the regulations. R.S.O. 1990, c. I.3, s. 2.

Licences and facility fees

Licence required

3 (1) No person shall establish or operate an independent health facility except under the authority of a licence issued by the Director. R.S.O. 1990, c. I.3, s. 3 (1).

Billing facility fees

(2) No person shall charge a facility fee, or accept payment of a facility fee, for or in respect of a service provided in an independent health facility unless the facility is operated by a person licensed under this Act. 1996, c. 1, Sched. F, s. 20 (1).

Same

(3) No person shall charge a facility fee, or accept payment of a facility fee, for or in respect of a service provided to an insured person in an independent health facility operated by a person licensed under this Act, unless the fee is charged to, or the payment is received from, the Minister or a prescribed person. 1996, c. 1, Sched. F, s. 20 (2).

Regulation

(3.1) A regulation under subsection (3) shall not prescribe an insured person who receives an insured service as a person to whom a facility fee may be charged, or from whom payment of a facility fee may be received, in respect of the service. 1996, c. 1, Sched. F, s. 20 (2).

Obtaining funding to which not entitled

(4) No person shall obtain, receive or attempt to obtain or receive any of the following that the person is not entitled to obtain or receive under this Act or the regulations:

1. Payment for or in respect of an independent health facility.

2. Payment for or in respect of a service provided in an independent health facility. 2019, c. 15, Sched. 19, s. 2.

Section Amendments with date in force (d/m/y)

1996, c. 1, Sched. F, s. 20 (1-3) - 1/04/1996

2019, c. 15, Sched. 19, s. 2 - 10/12/2019

Powers of Minister

Director

4 (1) The Minister shall appoint an employee of the Ministry to be the Director of Independent Health Facilities. R.S.O. 1990, c. I.3, s. 4.

Designated services and facilities

(2) The Minister may designate,

(a) services or classes of...