Public Hospitals Act

• Author: Richard D. Schneider
• Pages: 276-320

Chapter 5: Public Hospitals Act

Public Hospitals Act, R.S.O. 1990, c. P.40, as amended by 1996, c. 1, Sched. F, ss. 3-–5;

1997, c. 15, s. 16; 1998, c. 18, Sched. G, s. 70; 1999, c. 10, s. 5; 2002, c. 17, Sched. F, Table;

2002, c. 24, Sched. B, s. 25; 2004, c. 3, Sched. A, s. 96; 2006, c. 4, s. 52; S.O. 2006, c.19,

Sched. C, s. 1(1) and Sched. L., s. 11(2) & (3).

CONTENTS

1. Def‌i nitions

2. Private hospitals, independent healt h facilities not affected

3. Administration and enforcement

4. Approvals by Minister

5. Payments to hos pitals

6. Directions

7. Powers

8. Investigators

9. Hospital supervisor

9.1 Public interest

10. Protection from personal liabil ity

11. Expropriation

12. By-laws

13. Protection from liability

14. Records of personal health information

15. Management committee

16. No voting by proxy

17. Notice of hospital meetings

18. Inspectors

19. Admission of chronically ill persons

20. Admission of patients

21. Refusal of admission

22. Custodial care

23. Facilities for students

24. Interns

25. Burial expe nses by municipality

26. Statements of account to be rendered

27. Municipal right of recourse against patient

28. Municipal rig ht of recourse against proper municipalit y

29. Indians

30. Offence

276ANNOTATED MENTAL HEALTH STATUTES

32. Regulations

32.1 Classif‌i cation of hospitals

33. Notice to college of disciplinary act ion against physician

34. Advice as to qualit y of professional work

35. Medical advisory committe e

36. Powers of board re medical staff

37. Medical staff appointment, hospital privi leges, etc.

38. Where no hearing requi red

39. Hearings

41. Reasons and appeal

42. Service of notice

43. Appeal from decision of Appeal Board

44. Ceasing to operate or provide services

Def‌i nitions

1. In this Act,

“administrator” means t he person who has for the time being the direc t and actual super-

intendence and charge of a hospital; (“directeu r général”)

“Appeal Board” means the Health Professions Appeal and Review Board under the Min-

istry of Health App eal and Review Boards Act, 1998; (“Com mission d’appel”)

“board” means the board of directors, governors, trustees, commission or other govern-

ing body or authority of a hospital; (“conseil”)

“dependant” means a patient the charges for whose treat ment some other person is liable

for in law; (“personne à charge”)

“hospital” means any institution, building or other premises or place that is established

for the purposes of the treatment of patients and that is approved under this Ac t as a

public hospita l; (“hôpital”)

“in-patient” means a person admitted to a hospita l for the purpose of treatment; (“malade

hospitalisé”)

“inspector” means an off‌i cer of the Ministry designated under this Act as an inspector;

(“inspecteur”)

“local health integrat ion network” means a local healt h integration as def‌i ned in section

2 of the Local Health System Integration Act, 2006; (“réseau local d’intégration des

services de santé”)

“medical advisory committe e” means a committee established under section 35; (“comité

médical consultatif ”)

“medical depart ment” means a division of the medical staf f of a hospital for the provision

of a specif‌i ed t ype of medical diagnosis or treatment; (“service médical”)

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

Public Hospitals Act, s. 1 277

278ANNOTATED ONTARIO MENTAL HEALTH STATUTES

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

“municipality” does not include a lower-tier municipa lity; (“municipalité”)

“out-patient” means a person who is received in a hospital for examinat ion or treatment

or both, but who is not admitted as a patient; (“ma lade externe”)

“patient” means an in-patient or an out-patient; (“malade” )

“personal health information” has the same meaning as in the Personal Health Informa-

tion Protection Act, 2004; (“renseignements personnels sur la santé”)

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

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

“resident” means actually resident in a munic ipality for a period of three months within

the six months next pr ior to admission to a hospital; (“résident”)

“treatment” means the maintenance, observation, medical care and supervision and

skilled nursing care of a patient and, if dental serv ice is made available in a hospital

by its board, includes the dental care a nd supervision of the patient; (“t raitement”)

“unorganized territory” means those parts of Ontario that are without municipal or-

ganization, including Indian reservations and provincial parks, but not including

property of the Government of Canada used for the purposes of national defence

installations, camps or stat ions. (“territoire non érigé en municipal ité”) R.S.O. 1990,

c. P.40 , s. 1; 19 96, c. 1, Sched . F, s. 3; 19 98, c. 18, Sch ed. G, s . 70 (1); 20 02, c . 17, Sched .

F, Table; 2004, c. 3, Sched . A, s. 96 (1); 2006, c. 4, s. 52 (1, 2).

Private hospit als, independent health facilities not af fected

2. Nothing in this Act in any way relates to or affects a private hospital under the

Private Hospitals Act or an independent health facility under the Independent Health

Facilit ies Act. R.S.O. 1990, c. P.40, s. 2; 1996, c. 1, Sched. F, s. 4.

Administration and enforcement

3. The Minister shall administer and enforce this Act and the regulations. R.S.O.

1990, c. P.40, s. 3.

Approvals by Minister

Approval of incorpora tion, amalgamation

4. (1) No application to incorporate a hospital or amalgamate two or more hospitals

under the Corporations Act or under a private Act shall be proceeded with until it has

f‌i rst received the approval of the Min ister. R.S.O. 1990, c. P.40, s. 4 (1); 1996, c. 1, Sched.

F, s. 5 (1).

Approval

(2) No institution, building or other premises or place shall be operated or used for

the purposes of a hospital un less the Minister has approved the operation or use of the

premises or place for that purpose. 1997, c. 15, s. 16.