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. 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

276 ANNOTATED 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. 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;

(“inspecteur”)

“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”)

Public Hospitals Act, s. 1 277

278 ANNOTATED 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 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).

Approval

(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.