Nursing Act Amendments, Regulation To Expand Permissible Procedures

On August 19, 2011, the Ontario government filed regulatory amendments under the Nursing Act, 1991 that, in part, expand the range of procedures that may be provided by registered nurses who hold an extended certificate of registration in accordance with the regulations. 

O. Reg. 387/11 and parallel amendments to the Act will expand the ability of such nurses to provide and communicate a medical diagnosis to patients or their representatives, and permit them to perform certain medical procedures, including:

  • procedures below the dermis or mucous membranes;
  • prescribing, dispensing, compounding or selling a drug;
  • setting or casting a fracture of a bone or dislocation of a joint; and
  • the administration of a substance by injection or inhalation.

O. Reg. 387/11, and the amendments to the Act outlined in 18(7) of the Regulated Health Professions Statute Law Amendment Act, 2009, come into force on October 1, 2011.

Retirement Homes Act Provisions Come Into Force

On May 17, 2011, provisions of Bill 21, the New Retirement Homes Act, 2010, dealing with patients' rights, care and safety as well as enforcement were proclaimed in force.

As previously reported, Bill 21 provides legislative protection for seniors living in retirement homes.

Affordable Housing Legislation (Bill 140) Receives Royal Assent

On May 4, 2011, Bill 140, the Strong Communities Through Affordable Housing Act, received Royal Assent.

As previously reported, Bill 140 carried at Third Reading after being reported with amendments by the Standing Committee on Justice Policy on April 19, 2011. When proclaimed in force, Bill 140 will repeal the Social Housing Reform Act, 2000 and enact the Housing Services Act, 2010

The Bill should be consulted for coming into force information.

Affordable Housing Legislation (Bill 140) Passes Third Reading

On April 19, 2011, Bill 140, the Strong Communities Through Affordable Housing Act, carried at Third Reading after being reported with amendments by the Standing Committee on Justice Policy.

When proclaimed in force, Bill 140 will repeal the Social Housing Reform Act, 2000 and enact the Housing Services Act, 2010. As previously reported, the legislation relates to the provision of housing and homelessness services under provincial oversight.

The Bill should be consulted for coming into force information.

Affordable Housing Legislation (Bill 140) Passes Second Reading

On March 8, 2011, Bill 140, Strong Communities Through Affordable Housing Act, carried at Second Reading and was ordered referred to the Standing Committee on Justice Policy.

Bill 140 would, if passed, repeal the Social Housing Reform Act, 2000 and enact the Housing Services Act, 2010. The legislation relates to the provision of housing and homelessness services under provincial oversight. Among other measures, the proposed legislation:

  • sets out defined matters of “provincial interest” relating to housing and homelessness services and provides for Ministerial policy statements on such matters;
  • requires prescribed housing and homelessness plans to address the matters of provincial interest and be consistent with the Ministerial policy statements;
  • provides for the designation of “service managers” (i.e. a municipality or a district social services administration board) and their service areas by regulation;
  • sets out the general powers and duties of service managers, including reporting to the Minister and public; and
  • sets out the rules governing the operation of defined “local housing corporations”.

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Community Care Access Corporations Act Regulation Filed

On February 1, 2011, the Ontario government filed further amendments to O. Reg. 554/06 (as previously amended by O. Reg. 251/09) under the Community Care Access Corporations Act, 2001

O. Reg. 26/11 (Community Care Access Corporations) prescribes a new “charitable object” for the purposes of section 5 of the Act, adding supportive housing programs that provide personal support and homemaking services to certain persons requiring 24-hour care, which are funded by the Ministry of Health and Long-Term Care or by a local health integration network.

The amendments outlined in O. Reg. 26/11 come into force on April 1, 2011.

New Retirement Homes Act, 2010 Regulations Proposed

On February 22, 2011, the Ontario government announced proposed regulations under the Retirement Homes Act, 2010.

In part, the regulations would define “retirement home” for the purposes of the Act as a facility with a minimum of six qualifying residents, excluding the premises or parts of premises used to deliver certain programs for which there is already oversight (i.e. residential treatment programs or supportive housing programs under the Home Care and Community Services Act, 1994, Local Health System Integration Act, 2006 and the Ministry of Health and Long-Term Care Act, 1990).

In addition, the regulations would outline retirement home licensing and complaints procedures, care and safety standards and resident rights and protections.

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Solvency Funding Relief Proposal for Public Sector and BPS Pension Plans Released

On February 10, 2011, the Ontario government released its proposed details regarding solvency funding relief for the public sector and broader public sector (“BPS”).

The government first announced that it would consider providing solvency funding relief for university pension plans on August 5, 2010 (which was consistent with the 2010 Budget announcement that solvency funding relief may be provided to BPS employers). The goal of the solvency funding relief is to support sustainable public sector and BPS defined benefit or hybrid pension plans, including Ontario university pension plans.

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Healthcare "Quality Committee" Provisions Now In Force

On January 1, 2011, sections 3 and 4 of Bill 46, the Excellent Care for All Act, 2010, were proclaimed in force. These provide for the establishment of “Quality Committees” and their responsibilities.

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Ontario's Accountability Bill Comes Into Force

Subject to the following exceptions, Bill 122, the Broader Public Sector Accountability Act, 2010, was proclaimed in force on January 1, 2011:

  • the amendments to the Freedom of Information and Protection of Privacy Act ("FIPPA"), which come into force on January 1, 2012; and
  • sections 5 to 16, dealing with the reporting of consultants and expense claims, procurement standards and compliance reports, which will come into force on April 1, 2011.

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Ontario's Accountability Bill Receives Royal Assent

On December 8, 2010, Bill 122, the Broader Public Sector Accountability Act, 2010, received Royal Assent.

As previously reported, the Bill passed at Third Reading on December 2, 2010 after being amended by the Standing Committee on Social Policy under an accelerated schedule for consideration and debate.

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Excellent Care For All Act Regulations Filed

On December 2, 2010, the Ontario government filed the following regulations under the Excellent Care For All Act (the “Act”):

  • O. Reg. 444/10 (Executives), defining public hospital executives for the purposes of section 1 of the Act to include certain members of senior management, chiefs of staff of the hospital and the chief nursing executive of the hospital as defined in Regulation 965 (Hospital Management) under the Public Hospitals Act; and
  • O. Reg. 445/10 (General), setting out the rules applicable to the composition of Quality Committees, and the composition and powers of the Ontario Health Quality Councils and their members. In part, the regulation expressly addresses the Councils’ power to collect “de-identified personal health information” for the purposes of carrying out their functions and making their reports.

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Ontario Passes Accountability Bill

On December 2, 2010, the Ontario government passed Bill 122, the Broader Public Sector Accountability Act, 2010.

As previously reported, the Bill was amended by the Standing Committee on Social Policy and ordered for Third Reading on November 30, 2010 under an accelerated schedule for consideration and debate.

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Accountability Bill Ordered for Third Reading Under Accelerated Schedule

In accordance with the terms of a special time allocation motion that was passed on November 4, 2010, Bill 122, the Broader Public Sector Accountability Act, 2010, was reported to the House as amended by the Standing Committee on Social Policy and ordered for Third Reading on November 30, 2010.

The Committee amendments include:

  • an express protection against the disclosure of information protected by solicitor-client privilege, litigation privilege or settlement privilege; and
  • an express obligation for hospitals and local health integration networks to post compliance attestations publicly on their websites.

The Bill is expected to be debated at Third Reading on December 1, 2010, and to pass shortly thereafter.

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Accountability Bill Referred to Committee Under Accelerated Schedule for Consideration and Debate

On November 4, 2010, the Ontario government passed a special time allocation motion setting out an accelerated timetable for the full consideration and debate of Bill 122, the Broader Public Sector Accountability Act, 2010, by December 1, 2010.

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Ontario Introduces Accountability Legislation for Broader Public Sector

On October 20, 2010, the Ontario government introduced Bill 122, the Broader Public Sector Accountability Act, 2010. The proposed legislation is intended to impose new rules and higher accountability standards for the broader public sector around the use of external lobbyists, consultants and expenses.

The proposed legislation would apply to hospitals and Local Health Integration Networks ("LHINs"), as well as school boards, colleges, universities, hydro entities, community care access centres, Children's Aid Societies and other public sector organizations that receive more than $10 million in government funding.

Specifically, the legislation would, if passed:

  • include strict compliance provisions that may impact hospital and LHIN executives' compensation;
  • expand freedom of information legislation to cover hospitals;
  • require hospitals and LHINs to post expenses of senior executives online; and
  • require hospitals and LHINs to report annually on their use of consultants.

New Quality Assurance Regulations Filed for Defined Service Agencies

On August 7, 2010, the Ontario government published a regulation under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, which is not yet in force.

O. Reg. 299/10 establishes comprehensive quality assurance measures for defined service agencies. These measures specifically relate to human resources practices, such as orientation and training of employees and volunteers and police records checks, among other matters.

The regulation and parts of the Act come into force on January 1, 2011, with certain exceptions.

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Ontario Passes Healthcare Accountability Legislation

On June 3, 2010, Bill 46, the Excellent Care for All Act, 2010, was reported as amended by the Standing Committee on Justice Policy and carried at Third Reading. Following Royal Assent, most of the Act will come into force on a date to be named by Proclamation.

As previously reported, the Act makes health care providers and executives accountable for improving patient care and enhance the patient experience. Although aimed at the hospital sector specifically, the Ontario government has indicated that following an assessment of its impact, these requirements may be extended to other health sectors as well.

For a detailed discussion of Bill 46 and how it may impact your organization, see our FTR Now of May 5, 2010.

Ontario Passes New Retirement Homes Act

On June 2, 2010, Bill 21, the New Retirement Homes Act, 2010, carried at Third Reading after being reported as amended by the Standing Committee on social policy. Bill 21 was introduced on March 30, 2010 and provides legislative protection for seniors living in retirement homes. Parts III to IX of the Act come into force on a date to be named by Proclamation.

Healthcare Accountability Legislation Carries at Second Reading, Referred to Committee

On May 12, 2010, Bill 46, the Excellent Care for All Act, 2010 carried at Second Reading and was Ordered referred the Standing Committee on Justice Policy. As previously reported, the Act would, if passed, make health care providers and executives accountable for improving patient care and enhance the patient experience. Although aimed at the hospital sector specifically, the Ontario government has indicated that following an assessment of its impact, these requirements may be extended to other health sectors as well. For a detailed discussion of Bill 46 and how it may impact your organization, see our FTR Now of May 5, 2010.

Ontario Introduces New Healthcare Accountability Legislation for Hospitals

Furthering an initiative outlined in its 2010 Budget, on Monday May 3, 2010, the Ontario government introduced new legislation outlining new standards of accountability for hospitals. If passed, Bill 46, the Excellent Care for All Act, 2010 would:

  • increase the accountability of healthcare providers and executives for patient care by implementing a range of specific measures, including requirements for quality committees with reporting obligations;
  • require annual quality improvement plans for public posting;
  • link executive compensation to achieving improvements set out in annual quality improvement plans; patient relations processes and surveys to address and survey patient, client and caregiver relations; staff surveys to assess satisfaction with the employment experience and views about the quality of care provided by the health care organization.

Regulations would be filed relating to critical incident reporting, specifically requiring action plans for every critical incident, among other things. Although the Bill targets hospitals specifically, the government has indicated that following an assessment of its impact, the legislation may be extended to other health sectors as well. For a detailed discussion of Bill 46, please see our FTR Now of May 5, 2010.

Public Hospital Management Regulation Amended

On May 3, 2010, the Ontario government filed amendments to the Hospital Management Regulation under the Public Hospitals Act. The amendments to Reg. 965 relate to board member voting rights, and the establishment of systems for the disclosure of critical incidents, and will come into force on July 1, 2010 and January 1, 2011.

Ontario's New Retirement Homes Act Passes Second Reading, Referred to Committee

On April 22, 2010, Bill 21, the New Retirement Homes Act, 2010 carried at Second Reading and was Ordered referred to the Standing Committee on social policy. Bill 21 was introduced on March 30, 2010. If passed, it will provide legislative protection for seniors living in retirement homes.

Retirement homes are defined in the Act as a residential complex or part of a residential complex whose main characteristics are that the home is a place where at least the number of persons prescribed by the regulations made under the Act who are not related to the operator of the home reside and where the operator of the home makes at least two care services, which are also defined, available to the residents.

Retirement homes do not include premises that are governed by or funded under any of a number of Acts, such as the Long-Term Care Homes Act, 2007.

Local Health System Integration Act Regulation Filed (Health Professional Advisory Committees)

On April 12, 2010, the government filed O. Reg. 136/10, an amendment to Regulation 264/07 (Health Professionals Advisory Committees) setting out requirements for long-term care home licensees (defined to mean a health service provider that is a licensee within the meaning of the Long-Term Care Homes Act, 2007, to submit a mandatory "reconciliation report" to the local health integration network for the geographic area where the home is located, under certain conditions. The Regulation comes into force on the July 1, 2010, which is the date section 1 of the Long-Term Care Homes Act, 2007 comes into force.

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