ONTARIO REGULATION 445/10
made under the
EXCELLENT CARE FOR ALL ACT, 2010
Made: December 1, 2010
Filed: December 2, 2010
Published on e-Laws: December 6, 2010
Printed in The Ontario Gazette: December 18, 2010
1. (1) In this Part,
“public hospital” means a hospital within the meaning of the Public Hospitals Act.
(2) This section applies to a quality committee established by a public hospital under subsection 3 (1) of the Act.
(3) The quality committee shall be composed of the following:
1. At least the number of voting members of the hospital’s board that are required to ensure that one third of the members of the quality committee are voting members of the hospital’s board.
2. One member of the hospital’s medical advisory committee.
3. The hospital’s chief nursing executive within the meaning of Regulation 965 of the Revised Regulations of Ontario, 1990 (Hospital Management) made under the Public Hospitals Act.
4. One person who works in the hospital and who is not a member of the College of Physicians and Surgeons of Ontario or the College of Nurses of Ontario.
5. The hospital’s administrator within the meaning of the Public Hospitals Act.
6. Such other persons as are appointed by the hospital’s board.
(4) The hospital’s board shall appoint a voting member of the board to be the chair of the quality committee.
(5) A member of the quality committee mentioned in paragraph 2, 3, 4 or 5 of subsection (3) may, with the approval of the hospital’s board, appoint a delegate to sit as a member of the quality committee in his or her stead.
ONTARIO HEALTH QUALITY COUNCIL
2. This Part applies to the Ontario Health Quality Council continued under subsection 10 (1) of the Act.
Composition of Council
3. (1) The Council is a corporation without share capital.
(2) Subject to subsection 10 (9) of the Act, the Council consists of the members of the Council appointed by the Lieutenant Governor in Council under subsection 10 (2) of the Act, who shall serve as the board of directors of the corporation.
(3) Subject to subsections (4) and (5), members of the Council hold office for a term of three years and may be reappointed for one further term.
(4) The person appointed under subsection 10 (5) of the Act shall hold office for the duration of the term of his or her appointment on a similar council for Canada and the provinces and territories of Canada.
(5) If a person ceases to be a member of the Council, the first term of appointment of the person appointed to succeed that person may only be for the remainder of the first person’s term.
(6) One of the members shall be the Chair of the Council, and one of the members shall be the vice-Chair, as provided for by the Lieutenant Governor in Council.
(7) The Chair shall preside at all meetings of the Council and, in the absence of the Chair or if the office is vacant, the vice-Chair shall have all the powers and shall perform the duties of the Chair.
(8) Members of the Council who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 are entitled to be paid such remuneration as is fixed by the Lieutenant Governor in Council, and are entitled to be reimbursed for reasonable expenses incurred in performing their duties under the Act and this Regulation.
(9) The Council shall meet regularly throughout the year at the call of the Chair, and, in any event, at least four times a year.
(10) A majority of members of the Council constitutes a quorum for meetings of the Council.
(11) The members are not personally liable for the debts, acts and obligations of the Council.
4. The Council is for all its purposes an agent of Her Majesty, its powers may be exercised only as an agent of Her Majesty, and all property acquired by the Council is the property of Her Majesty.
Non-application of Acts
5. The Corporations Act and the Corporations Information Act do not apply to the Council.
Conflict of interest, indemnities and standard of care
6. Section 132, subsection 134 (1) and section 136 of the Business Corporations Act apply to the Council and to its members with necessary modifications.
Powers of Council
7. (1) The Council has the capacity, rights, powers and privileges of a natural person for carrying out its functions, except as limited by the Act or this Regulation.
(2) The revenues of the Council, including all money or assets received by the Council by grant, gift, contribution, profit or otherwise, shall only be used to further its functions.
(3) The Council shall not, except with the approval of the Lieutenant Governor in Council,
(a) acquire, hold or dispose of any interest in real property;
(b) borrow money;
(c) pledge the assets of the Council; or
(d) create any subsidiary.
8. It is an additional function of the Council to carry out any functions formerly carried out by a ministry of the Government of Ontario that are transferred to the Council by an agreement with the Crown or the Minister and with the approval of the Lieutenant Governor in Council, and the Council has every power needed for the purposes of entering into and carrying out such an agreement.
Powers of members
9. (1) The affairs of the Council are under the management and control of its board of directors.
(2) The Council may, subject to the approval of the Minister, pass by-laws and resolutions for conducting and managing its affairs, including,
(a) appointing officers and assigning to them such powers and duties as the board considers appropriate;
(b) maintaining bank accounts and making other banking arrangements; and
(c) establishing committees.
Chief executive officer and employees
10. (1) The Council shall appoint a chief executive officer.
(2) The chief executive officer is responsible for the operation of the Council, subject to the supervision and direction of the Council.
(3) The chief executive officer may appoint such employees as are considered necessary for the proper conduct of the affairs of the Council.
(4) The employees are not public servants for the purposes of Part III of the Public Service of Ontario Act, 2006.
(5) The chief executive officer who held office immediately before the coming into force of this Regulation continues to hold office until his or her position otherwise ends, and employees who were employed immediately before the coming into force of this Regulation continue to be employees until their employment otherwise ends.
11. (1) The Council may only collect de-identified personal health information for the purposes of carrying out its functions and making its reports.
(2) In subsection (1),
“de-identified personal health information” means personal health information of an individual that has had removed from it any information that identifies the individual or any information for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information to identify the individual.
Restriction on sale
12. The Council shall not sell any analysis of the information it has collected, or any of its services, without the approval of the Lieutenant Governor in Council.
13. The Council’s fiscal year begins on April 1 in each year and ends on March 31 in the following year.
14. (1) The Council shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit annually the accounts and financial transactions of the corporation.
(2) The Council shall give a copy of every auditor’s report to the Minister within six months after the end of the fiscal year to which the report relates, and shall make available to the Auditor General, on his or her request, the auditor’s report and all accounts, records and other documents relating to the audit.
(3) The Minister may require that any aspect of the affairs of the Council be audited by an auditor appointed by the Minister.
Report on affairs
15. (1) Within six months of the end of each fiscal year of the Council, the Council shall give the Minister a report on its affairs for the preceding fiscal year.
(2) The report mentioned in subsection (1) must include any information specified by the Minister.
(3) The Minister shall submit the report mentioned in subsection (1) to the Lieutenant Governor in Council and shall then table it in the Legislative Assembly.
(4) The Council shall give the Minister such other information and reports on its affairs and operations as the Minister may require.
16. If the Minister considers it to be in the public interest to wind up the affairs of the Council, he or she may do all things necessary to accomplish that, including dealing with the assets of the Council by,
(a) liquidating or selling the assets and paying the proceeds into the Consolidated Revenue Fund; or
(b) transferring the assets to the Crown, including another agency of the Crown.
17. (1) Subject to subsection (2), this Regulation comes into force on the later of January 1, 2011 and the day it is filed.
(2) Section 1 comes into force on the day section 3 of the Act comes into force.