Public Hospitals Act, R.S.O. 1990, c. P.40

JurisdictionOntario

Public Hospitals Act

R.S.O. 1990, Chapter P.40

Consolidation Period: From December 4, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 19, s. 24.

CONTENTS

Definitions

1 In this Act,

“administrator” means the person who has for the time being the direct and actual superintendence and charge of a hospital; (“directeur général”)

“Appeal Board” means the Health Professions Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission d’appel”)

“board” means the board of directors, governors, trustees, commission or other governing body or authority of a hospital; (“conseil”)

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2017, c. 11, Sched. 3, s. 12)

“community laboratory services” means the services of a laboratory or specimen collection centre under the Laboratory and Specimen Collection Centre Licensing Act that are provided by a hospital designated under subsection 22 (1) of this Act to persons who are neither in-patients nor out-patients; (“services de laboratoire communautaire”)

“dependant” means a patient the charges for whose treatment 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 Act as a public hospital; (“hôpital”)

“in-patient” means a person admitted to a hospital for the purpose of treatment; (“malade hospitalisé”)

“inspector” means a person appointed under this Act as an inspector; (“inspecteur”)

“medical advisory committee” means a committee established under section 35; (“comité médical consultatif”)

“medical department” means a division of the medical staff of a hospital for the provision of a specified type of medical diagnosis or treatment; (“service médical”)

“Minister” means the Minister 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 municipality; (“municipalité”)

“out-patient” means a person who is received in a hospital for examination or treatment or both, but who is not admitted as a patient; (“malade externe”)

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

“personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”)

“physician” means a member of the College of Physicians and Surgeons of Ontario or another prescribed person; (“médecin”)

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

“resident” means actually resident in a municipality for a period of three months within the six months next prior 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 service is made available in a hospital by its board, includes the dental care and supervision of the patient; (“traitement”)

“unorganized territory” means those parts of Ontario that are without municipal organization, 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 stations. (“territoire non érigé en municipalité”) R.S.O. 1990, c. P.40, s. 1; 1996, c. 1, Sched. F, s. 3; 1998, c. 18, Sched. G, s. 70 (1); 2002, c. 17, Sched. F, Table; 2004, c. 3, Sched. A, s. 96 (1); 2006, c. 4, s. 52 (1, 2); 2006, c. 19, Sched. L, s. 11 (2, 3); 2009, c. 33, Sched. 18, s. 17 (2); 2010, c. 25, s. 27 (1); 2019, c. 5, Sched. 3, s. 19 (1); 2023, c. 4, Sched. 2, s. 12 (1).

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

1996, c. 1, Sched. F, s. 3 - 01/03/1996; 1998, c. 18, Sched. G, s. 70 (1) - 01/02/1999

2002, c. 17, Sched. F, Table - 01/01/2003

2004, c. 3, Sched. A, s. 96 (1) - 01/11/2004

2006, c. 4, s. 52 (1, 2) - 28/03/2006; 2006, c. 19, Sched. L, s. 11 (2, 3) - 22/06/2006

2009, c. 33, Sched. 18, s. 17 (2) - 15/12/2009

2010, c. 25, s. 27 (1) - 01/01/2011

2017, c. 11, Sched. 3, s. 12 - not in force

2019, c. 5, Sched. 3, s. 19 (1) - 01/04/2021

2023, c. 4, Sched. 2, s. 12 (1) - 24/07/2023

Private hospitals, integrated community health facilities not affected

2 Nothing in this Act in any way relates to or affects a private hospital under the Private Hospitals Act or an integrated community health services centre within the meaning of the Integrated Community Health Services Centres Act, 2023. R.S.O. 1990, c. P.40, s. 2; 1996, c. 1, Sched. F, s. 4; 2023, c. 4, Sched. 1, s. 80.

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

1996, c. 1, Sched. F, s. 4 - 01/03/1996

2017, c. 25, Sched. 9, s. 111 (1, 2) - no effect - see 2023, c. 4, Sched. 1, s. 67

2023, c. 4, Sched. 1, s. 80 - 25/09/2023

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 articles

4 (1) No articles shall be filed under the Not-for-Profit Corporations Act, 2010 in respect of a hospital until the articles have first received the approval of the Minister. 2010, c. 15, s. 240 (1).

Approval of incorporation, amalgamation, amendment

(1.1) No application to incorporate a hospital or amalgamate two or more hospitals under a private Act or to amend a private Act in respect of a hospital shall be proceeded with until the application has first received the approval of the Minister. 2010, c. 15, s. 240 (1).

Approval

(2) No institution, building or other premises or place shall be operated or used for the purposes of a hospital unless the Minister has approved the operation or use of the premises or place for that purpose. 1997, c. 15, s. 16.

Approval of additions

(3) No additional building or facilities shall be added to a hospital until the plans therefor have been approved by the Minister. R.S.O. 1990, c. P.40, s. 4 (3).

Approval of sales

(4) No land, building or other premises or place or any part thereof acquired or used for the purposes of a hospital shall be sold, leased, mortgaged or otherwise disposed of without the approval of the Minister. R.S.O. 1990, c. P.40, s. 4 (4).

Suspension or revocation of approval

(5) Any approval given or deemed to have been given under this Act in respect of a hospital may be suspended by the Minister or revoked by the Lieutenant Governor in Council if the Minister or the Lieutenant Governor in Council, as the case may be, considers it in the public interest to do so. R.S.O. 1990, c. P.40, s. 4 (5); 1996, c. 1, Sched. F, s. 5 (2).

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

1996, c. 1, Sched. F, s. 5 (1, 2) - 01/03/1996; 1997, c. 15, s. 16 - 10/10/1997

2010, c. 15, s. 240 (1) - 19/10/2021

Payments to hospitals

5 (1) The Minister may pay any grant, make any loan and provide any financial assistance to a hospital if the Minister considers it in the public interest to do so. 1996, c. 1, Sched. F, s. 6.

Terms and conditions

(2) The Minister may impose terms and conditions on grants, loans and financial assistance provided under this section and may from time to time amend or remove the terms and conditions or impose new terms and conditions. 1996, c. 1, Sched. F, s. 6.

Security for payment

(3) Without limiting the generality of subsection (2), the Minister may, as a condition of providing grants, loans and financial assistance under this section, require the recipient of the funds to secure their repayment in the manner determined by the Minister. 1996, c. 1, Sched. F, s. 6.

Reduce or terminate grants, etc.

(4) The Minister may reduce the amount of any grant, loan or financial assistance, may suspend or terminate any grant, loan or financial assistance or may withhold payment in whole or in part of any grant, loan or financial assistance with respect to a hospital if the Minister considers it in the public interest to do so. 1996, c. 1, Sched. F, s. 6.

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

1996, c. 1, Sched. F, s. 6 - 01/03/1996

Directions

6 (0.1) Repealed: 2006, c. 4, s. 52 (3).

Directions

(1) This section applies to a hospital that received a direction under this section, as it read immediately before subsection 52 (3) of the Local Health System Integration Act, 2006 came into force. 2006, c. 4, s. 52 (3).

Compliance

(2) Subject to subsection (10), a hospital that received a direction mentioned in subsection (1) shall comply with it. 2006, c. 4, s. 52 (3).

Amendment of direction

(3) The Minister may amend a direction mentioned in subsection (1) if the Minister considers it in the public interest to do so. 2006, c. 4, s. 52 (3).

(4)-(8) Repealed: 2006, c. 4, s. 52 (3).

Powers of board

(9) Despite the Not-for-Profit Corporations Act, 2010, any special Acts governing hospitals, the articles or by-laws of a hospital, the board shall have the unrestricted power to carry out a direction under this section but such powers shall not contravene the provisions of any other Act. 2010, c. 15, s. 240 (2).

Conflict

(10) An integration decision as defined in section 2 of the Local Health System Integration Act 2006 or a Minister’s order made under section 28 of that Act prevails over a direction under this section, as it read immediately before subsection 52 (3) of the Local Health System Integration Act, 2006 came into force. 2006, c. 4, s. 52 (4).

Revocation of direction

(11) If the Minister considers it in the public interest to do so, the Minister may revoke a direction mentioned in subsection (10). 2006, c. 4, s. 52 (4).

Repeal

(12) This section is repealed on a day to be named by proclamation of the Lieutenant Governor. 2006, c. 4, s. 52 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 6 of the Act is...

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