Oversight of Health Facilities and Devices Act, 2017, S.O. 2017, c. 25, Sched. 9

• Jurisdiction: Ontario

Oversight of Health Facilities and Devices Act, 2017

S.o. 2017, chapter 25
Schedule 9

Consolidation Period: From April 18, 2019 to the e-Laws currency date.

Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor. (See: 2017, c. 25, Sched. 9, s. 123)

Last amendment: 2019, c. 5, Sched. 3, s. 14.

CONTENTS

Part I
Interpretation

Interpretation

1 In this Act,

“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”)

“business day” means a day on which Canada Post ordinarily delivers lettermail; (“jour ouvrable”)

“cessation order” means an order made under section 55; (“ordre de cessation”)

“community health facility” means,

(a) a place or a collection of places where one or more services prescribed in regulations made by the Minister are provided, and includes any part of such a place, and

(b) a place or collection of places prescribed in regulations made by the Minister; (“établissement de santé communautaire”)

“compliance order” means an order made under section 54; (“ordre de conformité”)

“energy applying and detecting medical device” means a prescribed device that,

(a) is an instrument, apparatus, contrivance or other similar article, including a component, part or accessory of any of them, that is manufactured, sold or represented for use in,

(i) diagnosing, treating, mitigating or preventing a disease, disorder or abnormal physical state, or any of their symptoms, in human beings, or

(ii) restoring, modifying or correcting the body structure of human beings or the functioning of any part of the bodies of human beings, and

(b) is used to,

(i) apply to the body of a human being acoustic, electromagnetic or particle radiation, or

(ii) detect acoustic, electromagnetic, or particle radiation emitted from or applied to the body of a human being pharmaceutically or by other means; (“instrument médical d’application et de détection d’énergie”)

“executive officer” means the executive officer appointed under section 2, and where more than one executive officer has been appointed, means the person who is the executive officer for the purposes of the provision in which the term appears; (“administrateur”)

“facility cost” means,

(a) a charge, fee or payment for or in respect of a service or operating cost that supports, assists and is a necessary adjunct, or any of them, to an insured service but is not part of the insured service, and

(b) anything else that is prescribed as a facility cost; (“coût d’établissement”)

“inspecting body” means an organization designated as an inspecting body in accordance with the regulations; (“organisme d’inspection”)

“inspector” means an inspector appointed by an inspecting body under section 40 or by the executive officer under section 41; (“inspecteur”)

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

“insured service” means, subject to the regulations, a service rendered in Ontario to an insured person by a physician or practitioner where the service is an insured service under the Health Insurance Act and the regulations made under it; (“service assuré”)

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

“licence” means a licence issued under this Act, and “licensed” has a corresponding meaning; (“permis”)

“licensee” means,

(a) in respect of a community health facility, the holder of a licence to operate the facility, and

(b) in respect of an energy applying and detecting medical device in respect of which a licence has been issued, the owner or other person having management and control of the device; (“titulaire de permis”)

“local health integration network” means a local health integration network as defined in section 2 of the Local Health System Integration Act, 2006; (“réseau local d’intégration des services de santé”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “local health integration network” in section 1 of the Act is repealed. (See: 2019, c. 5, Sched. 3, s. 14 (1))

“Minister” means the Minister of Health and Long-Term Care or such other member of the Executive Council as may be assigned the administration of this Act 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” means personal information as defined in the Freedom of Information and Protection of Privacy Act and includes personal health information; (“renseignements personnels”)

“physician” means a legally qualified medical practitioner who is lawfully entitled to practice medicine in Ontario; (“médecin”)

“practitioner” means a person other than a physician who is lawfully entitled to render insured services in Ontario; (“praticien”)

“prescribed” means prescribed in the regulations; (“prescrit”)

“procedure” means either or both of the services prescribed in regulations made by the Minister for the purposes of a community health facility and the procedures performed in the course of operating an energy applying and detecting medical device; (“acte”)

“prospective licensee” means a person who is permitted to operate a community health facility under section 19 pending a decision of the executive officer as to whether to issue a licence; (“titulaire éventuel d’un permis”)

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

“regulated health College” means a College of a health profession or group of health professions established or continued under an Act named in Schedule 1 to the Regulated Health Professions Act, 1991; (“ordre de santé réglementé”)

“regulations” means the 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, cessation order or other order authorized under this Act or in a notice of administrative penalty under section 58 or in any directive of the Minister under section 73, or a requirement that is a condition of a licence or of receiving funding. (“exigence que prévoit la présente loi”)

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

2019, c. 5, Sched. 3, s. 14 (1) - not in force

Part II
Executive Officer

Executive officer

2 (1) The Lieutenant Governor in Council shall appoint one or more persons as the executive officer for community health facilities and energy applying and detecting medical devices.

Functions and powers

(2) Subject to this Act and the regulations, it is the function of the executive officer, and the executive officer has the power, to perform any functions or duties that he or she may have under this Act and the regulations.

Appointment

(3) Where more than one person is appointed as executive officer, the appointment may provide for the functions and duties of each person who is appointed.

Part III
Licensing and Related Matters

Request for applications, community health facilities

3 (1) The executive officer may, at any time, request one or more applications for the operation of one or more community health facilities.

How made

(2) The executive officer may request applications,

(a) by sending an application form to one or more specified persons; or

(b) by publishing a request for applications in any manner that the executive officer considers appropriate.

Submission

(3) A person interested in operating a community health facility may respond to a request for applications by submitting an application form that complies with subsection 4 (3).

Additional information

(4) The executive officer may request additional information in respect of any application.

No obligation to accept

(5) The executive officer is under no obligation to accept any application.

Cancellation

(6) The executive officer may cancel a request for applications at any time, and for any reason.

Applications, general

Community health facilities

4 (1) Any person may apply for a licence to operate a community health facility, subject to any prescribed conditions or prohibitions, whether or not the executive officer has requested applications, but the executive officer is under no obligation to accept or consider an application that has not been requested.

Energy applying and detecting medical devices

(2) Any person may apply for a licence to operate an energy applying and detecting medical device, subject to any prescribed conditions or prohibitions.

Application

(3) Every application for a licence shall be in a form acceptable to the executive officer and contain any information, which may include personal information, that the executive officer considers necessary or advisable.

Issuance

5 (1) The executive officer may issue a licence to an applicant where the following conditions are met:

1. The applicant has applied in a manner that complies with the requirements under subsection 4 (3).

2. The applicant has paid any fee established in a regulation made by the Minister.

3. In the case of an application with respect to a proposed community health facility, including a community health facility operating under section 19,

i. where there has been a request for applications, the applicant and the proposed community health facility meet the requirements of the request, in addition to making the application in accordance with subsection 4 (3),

ii. where a person has submitted an application under subsection 4 (1), the applicant and the proposed community health facility meet any requirements set out in the form referred to in subsection 4 (3),

iii. the applicant and the proposed community health facility meet all applicable...