Regulated Health Professions Act, 1991, S.O. 1991, c. 18

• Jurisdiction: Ontario

Regulated Health Professions Act, 1991

S.O. 1991, CHAPTER 18

Consolidation Period: From September 25, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 4, Sched. 1, s. 82.

CONTENTS

Interpretation

1 (1) In this Act,

“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”)

“Canadian experience” has the meaning prescribed by the regulations; (“expérience canadienne”)

“certificate of authorization” means a certificate of authorization issued under this Act or the Code; (“certificat d’autorisation”)

“Code” means the Health Professions Procedural Code in Schedule 2; (“Code”)

“College” means the College of a health profession or group of health professions established or continued under a health profession Act; (“ordre”)

“Council” means the Council of a College; (“conseil”)

“health profession” means a health profession set out in Schedule 1; (“profession de la santé”)

“health profession Act” means an Act named in Schedule 1; (“loi sur une profession de la santé”)

“health profession corporation” means a corporation incorporated under the Business Corporations Act that holds a valid certificate of authorization issued under this Act or the Code; (“société professionnelle de la santé”)

“member” means a member of a College; (“membre”)

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

“personal health information” has the same meaning as in section 4 of the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”)

“personal information” means personal information within the meaning of the Freedom of Information and Protection of Privacy Act. (“renseignements personnels”) 1991, c. 18, s. 1 (1); 1998, c. 18, Sched. G, s. 1; 2000, c. 42, Sched., s. 29; 2006, c. 19, Sched. L, s. 11 (2); 2007, c. 10, Sched. M, s. 1; 2009, c. 33, Sched. 18, s. 17 (2); 2017, c. 11, Sched. 5, s. 1; 2021, c. 25, Sched. 25, s. 1; 2022, c. 11, Sched. 6, s. 1.

Hearing not required unless referred to

(2) Nothing in this Act shall be construed to require a hearing to be held within the meaning of the Statutory Powers Procedure Act unless the holding of a hearing is specifically referred to. 1991, c. 18, s. 1 (2).

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

1998, c. 18, Sched. G, s. 1 - 01/02/1999

2000, c. 42, Sched., s. 29 - 01/11/2001

2006, c. 19, Sched. L, s. 11 (2) - 22/06/2006

2007, c. 10, Sched. M, s. 1 - 04/06/2007

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

2017, c. 11, Sched. 5, s. 1 - 30/05/2017

2021, c. 25, Sched. 25, s. 1 - 03/06/2021

2022, c. 11, Sched. 6, s. 1 - 14/04/2022

Administration of Act

2 The Minister is responsible for the administration of this Act. 1991, c. 18, s. 2.

Duty of Minister

3 It is the duty of the Minister to ensure that the health professions are regulated and co-ordinated in the public interest, that appropriate standards of practice are developed and maintained and that individuals have access to services provided by the health professions of their choice and that they are treated with sensitivity and respect in their dealings with health professionals, the Colleges and the Board. 1991, c. 18, s. 3.

Code

4 The Code shall be deemed to be part of each health profession Act. 1991, c. 18, s. 4.

Powers of Minister

5 (1) The Minister may,

(a) inquire into or require a Council to inquire into the state of practice of a health profession in a locality or institution;

(b) review a Council’s activities and require the Council to provide reports and information;

(c) require a Council to make, amend or revoke a regulation under a health profession Act, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act;

(d) require a Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act, the health profession Acts, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act. 1991, c. 18, s. 5 (1); 2009, c. 26, s. 24 (1).

Council to comply with Minister’s request

(2) If the Minister requires a Council to do anything under subsection (1), the Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report. 1991, c. 18, s. 5 (2).

Regulations

(3) If the Minister requires a Council to make, amend or revoke a regulation under clause (1) (c) and the Council does not do so within sixty days, the Lieutenant Governor in Council may make, amend or revoke the regulation. 1991, c. 18, s. 5 (3).

Idem

(4) Subsection (3) does not give the Lieutenant Governor in Council authority to do anything that the Council does not have authority to do. 1991, c. 18, s. 5 (4).

Expenses of Colleges

(5) The Minister may pay a College for expenses incurred in complying with a requirement under subsection (1). 1991, c. 18, s. 5 (5).

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

2009, c. 26, s. 24 (1) - 15/12/2009

College supervisor

5.0.1 (1) The Lieutenant Governor in Council may appoint a person as a College supervisor, on the recommendation of the Minister, where the Minister considers it appropriate or necessary. 2014, c. 14, Sched. 2, s. 9.

Factors to be considered

(2) In deciding whether to make a recommendation under subsection (1), the Minister may consider any matter he or she considers relevant, including, without limiting the generality of the foregoing,

(a) the quality of the administration and management, including financial management, of the College;

(b) the administration of this Act or the health profession Act as they relate to the health profession; and

(c) the performance of other duties and powers imposed on the College, the Council, the committees of the College, or persons employed, retained or appointed to administer this Act, the health profession Act, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act. 2009, c. 26, s. 24 (2).

Notice

(3) At least 30 days before recommending to the Lieutenant Governor in Council that a College supervisor be appointed, the Minister shall give the College a notice of his or her intention to make the recommendation and in the notice advise the College that it may make written submissions to the Minister. 2009, c. 26, s. 24 (2).

Review of submissions

(4) The Minister shall review any submissions made by the College and if the Minister makes a recommendation to the Lieutenant Governor in Council to appoint a College supervisor, the Minister shall provide the College’s submissions, if any, to the Lieutenant Governor in Council. 2009, c. 26, s. 24 (2).

Term of office

(5) The appointment of a College supervisor is valid until terminated by order of the Lieutenant Governor in Council. 2009, c. 26, s. 24 (2).

Powers of College supervisor

(6) Unless the appointment provides otherwise, a College supervisor has the exclusive right to exercise all the powers of a Council and every person employed, retained or appointed for the purposes of the administration of this Act, a health profession Act, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act. 2009, c. 26, s. 24 (2).

Same

(7) The Lieutenant Governor in Council may specify the powers and duties of a College supervisor appointed under this section and the terms and conditions governing those powers and duties. 2009, c. 26, s. 24 (2).

Additional powers of College supervisor

(8) If, under the order of the Lieutenant Governor in Council, the Council continues to have the right to act respecting any matters, any such act of Council is valid only if approved in writing by the College supervisor. 2009, c. 26, s. 24 (2).

Right of access

(9) A College supervisor has the same rights as a Council and the Registrar in respect of the documents, records and information of the College. 2009, c. 26, s. 24 (2).

Report to Minister

(10) A College supervisor shall report to the Minister as required by the Minister. 2009, c. 26, s. 24 (2).

Minister’s directions

(11) The Minister may issue one or more directions to a College supervisor regarding any matter within the jurisdiction of the supervisor, or amend a direction. 2009, c. 26, s. 24 (2).

Directions to be followed

(12) A College supervisor shall carry out every direction of the Minister. 2009, c. 26, s. 24 (2).

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

2009, c. 26, s. 24 (2) - 15/12/2009

2014, c. 14, Sched. 2, s. 9 - 01/08/2016

Fair Access to Regulated Professions and Compulsory Trades Act, 2006 not applicable

5.1 The Fair Access to Regulated Professions and Compulsory Trades Act, 2006 does not apply to any College. 2006, c. 31, s. 35 (1); 2017, c. 2, Sched. 9, s. 10.

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

2006, c. 31, s. 35 (1) - 01/03/2007

2017, c. 2, Sched. 9, s. 10 - 22/03/2017

Ontario Labour Mobility Act, 2009 not applicable

5.2 The Ontario Labour Mobility Act, 2009, except sections 21 to 24, does not apply to any College. 2009, c. 24, s. 33 (1).

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

2009, c. 24, s. 33 (1) - 15/12/2009

Reports

Annual report

6 (1) Each College shall report annually to the Minister on its activities and financial affairs. 2021, c. 25, Sched. 25, s. 2 (1).

(2) Repealed: 2007, c. 10, Sched. M, s. 2 (1).

Audited financial statement

(3) Each College’s annual report shall include an audited financial statement. 1998, c. 18, Sched. G, s. 2 (2).

Content and form

(4) The Minister may specify the content and form of the annual reports submitted by the College and, where the Minister has done so, the annual reports shall contain that content and be in that form. 2021, c. 25, Sched. 25, s. 2 (2).

Minister may publish information

(5) The Minister may, in every year, publish information from the annual reports of the Colleges. 2007, c. 10, Sched...