Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998, S.O. 1998, c. 18, Sched. H

• Jurisdiction: Ontario

Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998

S.O. 1998, CHAPTER 18
Schedule H

Consolidation Period: From September 25, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 4, Sched. 1, s. 73.

CONTENTS

PART I
HEALTH PROFESSIONS APPEAL AND REVIEW BOARD

Health Professions Appeal and Review Board

1 The following boards are amalgamated to form the Health Professions Appeal and Review Board, to be known in French as the Commission d’appel et de révision des professions de la santé:

1. The Health Professions Board.

2. The Hospital Appeal Board. 1998, c. 18, Sched. H, s. 1.

Duties

2 The Board’s duties are to conduct the hearings and reviews and to perform the duties that are assigned to it under the Regulated Health Professions Act, 1991, a health profession act as defined in that Act, the Drug and Pharmacies Regulation Act, the Public Hospitals Act or under any other Act. 1998, c. 18, Sched. H, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 of the Act is amended by striking out “the Drug and Pharmacies Regulation Act, the” and substituting “the Drug and Pharmacies Regulation Act, the Health and Supportive Care Providers Oversight Authority Act, 2021, the”. (See: 2021, c. 27, Sched. 2, s. 67 (1))

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

2021, c. 27, Sched. 2, s. 67 (1) - not in force

Composition

3 (1) The Board shall be composed of at least 12 members who shall be appointed by the Lieutenant Governor in Council on the recommendation of the Minister of Health and Long-Term Care. 1998, c. 18, Sched. H, s. 3 (1); 2000, c. 26, Sched. H, s. 2 (1); 2006, c. 19, Sched. L, s. 11 (2).

(2) Repealed: 2006, c. 34, s. 36 (1).

Chair and vice-chairs

(3) The Lieutenant Governor in Council shall designate one member of the Board to be the chair and two members to be vice-chairs. 1998, c. 18, Sched. H, s. 3 (3).

Additional vice-chairs

(4) The chair may from time to time designate additional members to be vice-chairs. 1998, c. 18, Sched. H, s. 3 (4).

(5), (6) Repealed: 2006, c. 34, s. 36 (1).

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

2000, c. 26, Sched. H, s. 2 (1) - 6/12/2000

2006, c. 19, Sched. L, s. 11 (2) - 22/06/2006; 2006, c. 34, s. 36 (1) - 20/12/2006

Qualifications of members

4 A person may not be appointed as a member of the Board if the person,

(a) is employed under Part III of the Public Service of Ontario Act, 2006;

(a.1) is employed by a Crown agency as defined in the Crown Agency Act;

(b) is or has been a member of a College as defined in the Regulated Health Professions Act, 1991 or of a Council of such a College; or

(c) is or has been a member of the College of Veterinarians of Ontario or of the Council of the College. 1998, c. 18, Sched. H, s. 4; 2006, c. 35, Sched. C, s. 76 (1).

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

2006, c. 35, Sched. C, s. 76 (1) - 20/08/2007

PART II
HEALTH SERVICES APPEAL AND REVIEW BOARD

Health Services Appeal and Review Board

5 The following boards are amalgamated to form the Health Services Appeal and Review Board, to be known in French as the Commission d’appel et de révision des services de santé:

1. The Health Services Appeal Board.

2. The Health Facilities Appeal Board.

3. The Health Protection Appeal Board.

4. The Nursing Homes Review Board.

5. The Laboratory Review Board. 1998, c. 18, Sched. H, s. 5.

Duties

6 (1) The Board’s duties are to conduct the hearings and reviews and to perform the duties that are assigned to it under the following Acts:

1. The Ambulance Act.

2. The Connecting Care Act, 2019.

3. The Healing Arts Radiation Protection Act.

4. The Commitment to the Future of Medicare Act, 2004.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (1) of the Act is amended by adding the following paragraph: (See: 2021, c. 27, Sched. 2, s. 67 (2))

4.1 The Health and Supportive Care Providers Oversight Authority Act, 2021.

5. The Health Facilities Special Orders Act.

6. The Health Insurance Act.

7. The Health Protection and Promotion Act.

8. Repealed: 2020, c. 13, Sched. 3, s. 7 (1).

9. The Immunization of School Pupils Act.

10. The Integrated Community Health Services Centres Act, 2023.

11. The Laboratory and Specimen Collection Centre Licensing Act.

12. The Fixing Long-Term Care Act, 2021.

13. Repealed: 2007, c. 8, s. 216.

14. The Private Hospitals Act. 1998, c. 18, Sched. H, s. 6 (1); 2006, c. 19, Sched. L, s. 8; 2007, c. 8, s. 216; 2020, c. 13, Sched. 3, s. 7; 2021, c. 39, Sched. 2, s. 15; 2023, c. 4, Sched. 1, s. 73.

Same

(2) The Board shall perform its duties under the Acts set out in subsection (1) in accordance with those Acts and the regulations made under them. 1998, c. 18, Sched. H, s. 6 (2).

Limit on jurisdiction

(3) Despite subsection (2), the Board shall not inquire into or make a decision concerning the constitutional validity of a provision of an Act or a regulation. 2002...