O. Reg. 264/14: CERTIFICATES OF AUTHORIZATION

Link to law: http://www.ontario.ca/laws/regulation/r14264
Published: 2014-12-12

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ontario regulation 264/14

made under the

Regulated Health Professions Act, 1991

Made: November 25, 2014
Approved: December 10, 2014
Filed: December 12, 2014
Published on e-Laws: December 12, 2014
Printed in The Ontario Gazette: December 27, 2014


Amending O. Reg. 39/02

(CERTIFICATES OF AUTHORIZATION)

1. Section 0.1 of Ontario Regulation 39/02 is amended by adding the following definitions:

“child”, in relation to a shareholder, includes a person whom the shareholder has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody;

“parent”, in relation to a shareholder, includes a person who has demonstrated a settled intention to treat the shareholder as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody;

2. Subsection 2 (1) of the Regulation is revoked and the following substituted:

Issuance of certificate

(1) A College shall issue a certificate of authorization to a corporation in respect of a particular profession if the corporation is eligible to hold one and applies for the certificate by giving the following information and documents to the Registrar:

1. A completed application in a form approved by the College.

2. The application fee required by the by-laws of the College.

3. A copy of a corporation profile report, issued by the Ministry of Government and Consumer Services or by a service provider which is under contract with the Ministry of Government and Consumer Services, that is dated not more than 30 days before the application is submitted to the Registrar and that indicates that the corporation is active.

4. A copy of the certificate of incorporation of the corporation.

5. A copy of every certificate of the corporation that has been endorsed under the Business Corporations Act as of the day the application is submitted.

6. The declaration of a director of the corporation, signed not more than 15 days before the application is submitted to the Registrar, stating,

i. that the corporation is in compliance with section 3.2 of the Business Corporations Act, including the regulations made under that section, as of the date the declaration is signed,

ii. that the corporation does not carry on, and does not plan to carry on, any business that is not the practice of the profession governed by the College or activities related to or ancillary to the practice of that profession,

iii. that there has been no change in the status of the corporation since the date of the corporation profile report referred to in paragraph 3, and

iv. that the information contained in the application is complete and accurate as of the day the declaration is signed.

7. In the case of an application submitted to the Registrar of either the College of Physicians and Surgeons of Ontario or the Royal College of Dental Surgeons of Ontario, the name of each person who is both a voting shareholder and a member of the College of Physicians and Surgeons of Ontario or the Royal College of Dental Surgeons of Ontario, as the case may be, as of the day the application is submitted and his or her business address, business telephone number and registration number with the College as of that day.

8. In the case of an application submitted to any College other than the Colleges referred to in paragraph 7, the name of each person who is a shareholder of the corporation as of the day the application is submitted and his or her business address, business telephone number and registration number with the College as of that day.

9. The names of the directors and the officers of the corporation as of the day the application is submitted.

10. The address of the premises at which the corporation carries on activities as of the day the application is submitted.

3. Section 4.1 of the Regulation is revoked and the following substituted:

Declaration upon shareholder changes

4.1 At the time that a corporation holding a certificate of authorization issued by the College of Physicians and Surgeons of Ontario or the Royal College of Dental Surgeons of Ontario notifies the Registrar under section 85.9 of the Code of a change in the shareholders of the corporation, the corporation shall also give the Registrar the declaration of a director of the corporation, signed after the change of shareholders, stating that the corporation is in compliance with section 3.2 of the Business Corporations Act, including the regulations made under that section, as of the date the declaration is signed.

4. Section 5 of the Regulation is revoked and the following substituted:

Annual renewal

5. The College shall renew a certificate of authorization for a corporation in respect of a particular profession on an annual basis if the corporation applies for the renewal by giving the following information and documents to the Registrar:

1. A completed application for renewal in a form approved by the College.

2. The annual renewal fee required by the by-laws of the College.

3. A copy of a corporation profile report issued by the Ministry of Government and Consumer Services or by a service provider which is under contract with the Ministry of Government and Consumer Services that is dated not more than 30 days before the application for renewal is submitted to the Registrar and that indicates that the corporation is active.

4. A copy of every certificate of the corporation that has been endorsed under the Business Corporations Act since the corporation’s most recent application for a certificate of authorization or for renewal of its certificate of authorization.

5. The declaration of a director of the corporation, signed not more than 15 days before the application for renewal is submitted to the Registrar, stating,

i. that the corporation is in compliance with section 3.2 of the Business Corporations Act, including the regulations made under that section, as of the date the declaration is signed,

ii. that the corporation does not carry on, and does not plan to carry on, any business that is not the practice of the profession governed by the College or activities related to or ancillary to the practice of that profession,

iii. that there has been no change in the status of the corporation since the date of the corporation profile report referred to in paragraph 3, and

iv. that the information contained in the application for renewal is complete and accurate as of the date the declaration is signed.

6. In the case of an application for renewal submitted to the Registrar of either the College of Physicians and Surgeons of Ontario or the Royal College of Dental Surgeons of Ontario, the name of each person who is both a voting shareholder and a member of the College of Physicians and Surgeons of Ontario or the Royal College of Dental Surgeons of Ontario, as the case may be, as of the day the application is submitted and his or her business address, business telephone number and registration number with the College as of that day.

7. In the case of an application for renewal submitted to any College other than the Colleges referred to in paragraph 6, the name of each person who is a shareholder of the corporation as of the day the application is submitted and his or her business address, business telephone number and registration number with the College as of that day.

8. The names of the directors and officers of the corporation as of the day the application for renewal is submitted.

9. The address of the premises at which the corporation carries on activities as of the day the application for renewal is submitted.

5. Paragraph 6 of subsection 6 (1) of the Regulation is amended by striking out “statutory declaration” and substituting “declaration”.

Commencement

6. This Regulation comes into force on the day it is filed.

Made by:

Eric William Hoskins

Minister of Health and Long-Term Care

Date made: November 25, 2014.