Public Hospitals Act

AuthorRichard D. Schneider
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).
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. P ow er s
8. Investigators
9. Hospita l supervi sor
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. Insp ectors
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
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. Heari ngs
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, gover nors, trustees, commission or other gover n-
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, bui lding 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
hospitali sé”)
“inspector” means an of f‌i cer of the Ministr y designated under this Ac t as an inspector;
“local health integrat ion network” means a local healt h integration as def‌i ned in section
2 of the Local Health Syst em Integration Ac t, 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”)
“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 inform ation” 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 ma intenance, observation, medica l care and supervision and
skilled nursing c are 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 territor y” means those part s of Ontario that are w ithout municipal or-
ganization, including Ind ian reservations and provincia l parks, but not including
property of the Govern ment of Canad a used for the p urposes of national defe nce
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 i n any way relates to or affects a private hospita l under the
Private Hospita ls Act or an independent health fac ility under the In depende nt 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 ad minister and enforce this Act and t he 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 a malgam ate two or more hos pitals
under the Corporations Ac t or under a private Act shal l be proceeded with unt il 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).
(2) No institution, buildi ng or other premises or place shall be operated or u sed 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.

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