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Regulated Health Professions Act, 1991

S.O. 1991, CHAPTER 18

Consolidation Period: From August 20, 2007 to the e-Laws currency date.

Last amendment: 2007, c. 10, Sched. R, s. 19.

SKIP TABLE OF CONTENTS

CONTENTS

Interpretation

1.  (1)  In this Act,

“Advisory Council” means the Health Professions Regulatory Advisory Council; (“Conseil consultatif”)

“Board” means the Health Professions Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998; (“Commission”)

“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 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.

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).

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 or the Drug and Pharmacies Regulation 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 or the Drug and Pharmacies Regulation Act.

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.

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.

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.

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.

Fair Access to Regulated Professions Act, 2006 not applicable

5.1  The Fair Access to Regulated Professions Act, 2006 does not apply to any College. 2006, c. 31, s. 35 (1).

Reports

Annual report

6.  (1)  Each College and the Advisory Council shall report annually to the Minister on its activities and financial affairs. 1998, c. 18, Sched. G, s. 2 (1).

Five-year report

(2)  The Advisory Council shall report to the Minister, within five years after this section comes into force, on the effectiveness of,

(a) each College’s patient relations and quality assurance programs; and

(b) each College’s complaints and discipline procedures with respect to professional misconduct of a sexual nature. 1991, c. 18, s. 6 (2).

Note: Effective June 4, 2009 or on an earlier day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2007, chapter 10, Schedule M, subsection 2 (1). See: 2007, c. 10, Sched. M, ss. 2 (1), 75 (1).

Audited financial statement

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

Note: Effective June 4, 2009 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 6 is amended by the Statutes of Ontario, 2007, chapter 10, Schedule M, subsection 2 (2) by adding the following subsections:

Content and form

(4)  The Minister may specify the content and form of the annual reports submitted by the College and the Advisory Council and, where the Minister has done so, the annual reports shall contain that content and be in that form. 2007, c. 10, Sched. M, 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. M, s. 2 (2).

No personal information

(6)  Information from the annual reports published by the Minister shall not include any personal information. 2007, c. 10, Sched. M, s. 2 (2).

See: 2007, c. 10, Sched. M, ss. 2 (2), 75 (1).

Advisory Council

Advisory Council

7.  (1)  The Advisory Council is established under the name Health Professions Regulatory Advisory Council in English and Conseil consultatif de réglementation des professions de la santé in French.

Composition

(2)  The Advisory Council shall be composed of at least five and no more than seven persons who shall be appointed by the Lieutenant Governor in Council on the Minister’s recommendation.

Chair and vice-chair

(3)  The Lieutenant Governor in Council shall designate one member of the Advisory Council to be the chair and one to be the vice-chair. 1991, c. 18, s. 7.

Qualification of members

8.  A person may not be appointed as a member of the Advisory Council if the person,

(a) is employed under Part III of the Public Service of Ontario Act, 2006 or by a Crown agency as defined in the Crown Agency Act; or

(b) is or has been a member of a Council or College. 1991, c. 18, s. 8; 2006, c. 35, Sched. C, s. 116 (1).

Terms of members

9.  (1)  Members of the Advisory Council shall be appointed for terms of two years. 1991, c. 18, s. 9 (1).

Replacement members

(2)  A person appointed to replace a member of the Advisory Council before the member’s term expires shall hold office for the remainder of the term. 1991, c. 18, s. 9 (2).

Reappointments

(3)  Members of the Advisory Council are eligible for reappointment. 1991, c. 18, s. 9 (3).

Initial members

(4)  The initial members of the Advisory Council may be appointed for terms of one, two or three years. 1991, c. 18, s. 9 (4).

Note: Effective June 4, 2009 or on an earlier day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2007, chapter 10, Schedule M, section 3. See: 2007, c. 10, Sched. M, ss. 3, 75 (1).

Remuneration and expenses

10.  The members of the Advisory Council shall be paid the remuneration and expenses the Lieutenant Governor in Council determines. 1991, c. 18, s. 10.

Duties of Advisory Council

11.  (1)  The Advisory Council’s duties are to advise the Minister on,

(a) whether unregulated professions should be regulated;

(b) whether regulated professions should no longer be regulated;

(c) suggested amendments to this Act, a health profession Act or a regulation under any of those Acts and suggested regulations under any of those Acts;

(d) matters concerning the quality assurance programs undertaken by Colleges; and

(e) any matter the Minister refers to the Advisory Council relating to the regulation of the health professions, including any matter described in clauses (a) to (d).

Additional duty

(2)  It is the Advisory Council’s duty to monitor each College’s patient relations program and to advise the Minister about its effectiveness. 1991, c. 18, s. 11.

Referrals to the Advisory Council

12.  The Minister shall refer to the Advisory Council any issue within the matters described in clauses 11(1)(a) to (d) that a Council or person requests the Minister to refer to the Advisory Council unless, in the Minister’s opinion, the request is not made in good faith or is frivolous or vexatious. 1991, c. 18, s. 12.

Notice of amendments to Councils

13.  (1)  If the Minister refers a suggested amendment to this Act, a health profession Act or a regulation under any of those Acts or a suggested regulation under any of those Acts to the Advisory Council, the Minister shall give notice of the suggestion to the Council of every College within ten days after referring it.

Submissions to Advisory Council

(2)  A Council may make written submissions to the Advisory Council with respect to a suggestion within forty-five days after receiving the Minister’s notice of the suggestion or within any longer period the Advisory Council may specify. 1991, c. 18, s. 13.

Function is advisory only

14.  The function of the Advisory Council is advisory only and no failure to refer a matter or to comply with any other requirement relating to a referral renders anything invalid. 1991, c. 18, s. 14.

Procedure

15.  (1)  The Advisory Council shall sit in Ontario where and when the chair designates.

Idem

(2)  The Advisory Council shall conduct its proceedings in the manner it considers appropriate. 1991, c. 18, s. 15.

Employees

16.  (1)  Such employees as are considered necessary for the proper conduct of the affairs of the Advisory Council may be appointed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 35, Sched. C, s. 116 (2).

Experts

(2)  The Advisory Council may engage experts or professional advisors to assist it. 1991, c. 18, s. 16 (2).

Secretary

17.  (1)  The Advisory Council shall appoint one of its employees as the Secretary.

Duties

(2)  The Secretary’s duties are,

(a) to keep a record of matters that the Minister has referred to the Advisory Council;

(b) to have the custody and care of the records and documents of the Advisory Council;

(c) to give written notice of suggested amendments to this Act, a health profession Act or a regulation under any of those Acts and suggested regulations under any of those Acts that have been referred to the Advisory Council to persons who have filed, with the Secretary, a request to be notified; and

(d) to carry out the functions and duties assigned by the Minister or the Advisory Council. 1991, c. 18, s. 17.

Health Professions Board

18.-23.  Repealed: 1998, c. 18, Sched. G, s. 3.

Investigations and expert advice

24.  (1)  Repealed: 1998, c. 18, Sched. G, s. 4.

Investigators

(2)  The Board may engage persons who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 to carry out investigations under subsection 28 (3) of the Code. 2006, c. 35, Sched. C, s. 116 (3).

Note: Effective June 4, 2009 or on an earlier day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2007, chapter 10, Schedule M, subsection 4 (1) by striking out “subsection 28 (3)” and substituting “paragraph 3 of subsection 28 (5)”. See: 2007, c. 10, Sched. M, ss. 4 (1), 75 (1).

Experts

(3)  The Board may engage persons who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 to provide expert or professional advice in connection with a registration hearing, complaint review or registration review. 2006, c. 35, Sched. C, s. 116 (3).

Independence of experts

(4)  A person engaged under subsection (3) shall be independent of the parties and, in the case of a complaint review, of the Complaints Committee. 1991, c. 18, s. 24 (4).

Note: Effective June 4, 2009 or on an earlier day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2007, chapter 10, Schedule M, subsection 4 (2) and the following substituted:

Independence of experts

(4)  A person engaged under subsection (3) shall be independent of the parties, and, in the case of a complaint review, of the Inquiries, Complaints and Reports Committee. 2007, c. 10, Sched. M, s. 4 (2).

See: 2007, c. 10, Sched. M, ss. 4 (2), 75 (1).

Advice disclosed

(5)  The nature of any advice, including legal advice, given by a person engaged under subsection (3) shall be made known to the parties and they may make submissions with respect to the advice. 1991, c. 18, s. 24 (5).

25.  Repealed: 1998, c. 18, Sched. G, s. 5.

Extension of time limits

26.  (1)  If the Board is satisfied that no person will be unduly prejudiced, it may, on reasonable grounds, extend any time limit with respect to,

(a) the obligation, under subsection 28 (1) of the Code, of a panel of a Complaints Committee to dispose of a complaint against a member;

(b) a Registrar’s obligation to give to the Board, under subsection 32 (1) of the Code, a record of an investigation of a complaint against a member and the documents and things upon which a decision was made with respect to the complaint;

(c) a requirement, under subsection 21 (1) of the Code, for a review or hearing by the Board; or

(d) a request, under subsection 29 (2) of the Code, for a review by the Board. 1991, c. 18, s. 26 (1).

Limitation

(2)  The Board shall not extend the time limit set out in subsection 29 (3) of the Code for more than sixty days. 1991, c. 18, s. 26 (2).

Note: Effective June 4, 2009 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 26 is repealed by the Statutes of Ontario, 2007, chapter 10, Schedule M, section 5. See: 2007, c. 10, Sched. M, ss. 5, 75 (1).

Prohibitions

Controlled acts restricted

27.  (1)  No person shall perform a controlled act set out in subsection (2) in the course of providing health care services to an individual unless,

(a) the person is a member authorized by a health profession Act to perform the controlled act; or

(b) the performance of the controlled act has been delegated to the person by a member described in clause (a). 1991, c. 18, s. 27 (1); 1998, c. 18, Sched. G, s. 6.

Controlled acts

(2)  A “controlled act” is any one of the following done with respect to an individual:

1. Communicating to the individual or his or her personal representative a diagnosis identifying a disease or disorder as the cause of symptoms of the individual in circumstances in which it is reasonably foreseeable that the individual or his or her personal representative will rely on the diagnosis.

2. Performing a procedure on tissue below the dermis, below the surface of a mucous membrane, in or below the surface of the cornea, or in or below the surfaces of the teeth, including the scaling of teeth.

3. Setting or casting a fracture of a bone or a dislocation of a joint.

4. Moving the joints of the spine beyond the individual’s usual physiological range of motion using a fast, low amplitude thrust.

5. Administering a substance by injection or inhalation.

6. Putting an instrument, hand or finger,

i. beyond the external ear canal,

ii. beyond the point in the nasal passages where they normally narrow,

iii. beyond the larynx,

iv. beyond the opening of the urethra,

v. beyond the labia majora,

vi. beyond the anal verge, or

vii. into an artificial opening into the body.

7. Applying or ordering the application of a form of energy prescribed by the regulations under this Act.

8. Prescribing, dispensing, selling or compounding a drug as defined in the Drug and Pharmacies Regulation Act, or supervising the part of a pharmacy where such drugs are kept.

9. Prescribing or dispensing, for vision or eye problems, subnormal vision devices, contact lenses or eye glasses other than simple magnifiers.

10. Prescribing a hearing aid for a hearing impaired person.

11. Fitting or dispensing a dental prosthesis, orthodontic or periodontal appliance or a device used inside the mouth to protect teeth from abnormal functioning.

12. Managing labour or conducting the delivery of a baby.

13. Allergy challenge testing of a kind in which a positive result of the test is a significant allergic response. 1991, c. 18, s. 27 (2); 2007, c. 10, Sched. L, s. 32.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2007, chapter 10, Schedule R, subsection 19 (1) by adding the following paragraph:

14. Treating, by means of psychotherapy technique, delivered through a therapeutic relationship, an individual’s serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual’s judgement, insight, behaviour, communication or social functioning.

See: 2007, c. 10, Sched. R, ss. 19 (1), 20 (2).

Exemptions

(3)  An act by a person is not a contravention of subsection (1) if the person is exempted by the regulations under this Act or if the act is done in the course of an activity exempted by the regulations under this Act. 1991, c. 18, s. 27 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 27 is amended by the Statutes of Ontario, 2007, chapter 10, Schedule R, subsection 19 (2) by adding the following subsection:

Same

(4)  Despite subsection (1), a member of the Ontario College of Social Workers and Social Service Workers is authorized to perform the controlled act set out in paragraph 14 of subsection (2), in compliance with the Social Work and Social Service Work Act, 1998, its regulations and by-laws. 2007, c. 10, Sched. R, s. 19 (2).

See: 2007, c. 10, Sched. R, ss. 19 (2), 20 (2).

Delegation of controlled act

28.  (1)  The delegation of a controlled act by a member must be in accordance with any applicable regulations under the health profession Act governing the member’s profession.

Idem

(2)  The delegation of a controlled act to a member must be in accordance with any applicable regulations under the health profession Act governing the member’s profession. 1991, c. 18, s. 28.

Exceptions

29.  (1)  An act by a person is not a contravention of subsection 27 (1) if it is done in the course of,

(a) rendering first aid or temporary assistance in an emergency;

(b) fulfilling the requirements to become a member of a health profession and the act is within the scope of practice of the profession and is done under the supervision or direction of a member of the profession;

(c) treating a person by prayer or spiritual means in accordance with the tenets of the religion of the person giving the treatment;

(d) treating a member of the person’s household and the act is a controlled act set out in paragraph 1, 5 or 6 of subsection 27 (2); or

(e) assisting a person with his or her routine activities of living and the act is a controlled act set out in paragraph 5 or 6 of subsection 27 (2).

Counselling

(2)  Subsection 27 (1) does not apply with respect to a communication made in the course of counselling about emotional, social, educational or spiritual matters as long as it is not a communication that a health profession Act authorizes members to make. 1991, c. 18, s. 29.

Treatment, etc., where risk of harm

30.  (1)  No person, other than a member treating or advising within the scope of practice of his or her profession, shall treat or advise a person with respect to his or her health in circumstances in which it is reasonably foreseeable that serious physical harm may result from the treatment or advice or from an omission from them. 1991, c. 18, s. 30 (1).

Note: Effective June 4, 2009 or on an earlier day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2007, chapter 10, Schedule M, section 6 by striking out “physical” and substituting “bodily”. See: 2007, c. 10, Sched. M, ss. 6, 75 (1).

Exception

(2)  Subsection (1) does not apply with respect to treatment by a person who is acting under the direction of or in collaboration with a member if the treatment is within the scope of practice of the member’s profession. 1991, c. 18, s. 30 (2).

Delegation

(3)  Subsection (1) does not apply with respect to an act by a person if the act is a controlled act that was delegated under section 28 to the person by a member authorized by a health profession Act to do the controlled act. 1991, c. 18, s. 30 (3).

Counselling

(4)  Subsection (1) does not apply with respect to counselling about emotional, social, educational or spiritual matters. 1991, c. 18, s. 30 (4).

Exceptions

(5)  Subsection (1) does not apply with respect to anything done by a person in the course of,

(a) rendering first aid or temporary assistance in an emergency;

(b) fulfilling the requirements to become a member of a health profession if the person is acting within the scope of practice of the profession under the supervision or direction of a member of the profession;

(c) treating a person by prayer or spiritual means in accordance with the tenets of the religion of the person giving the treatment;

(d) treating a member of the person’s household; or

(e) assisting a person with his or her routine activities of living. 1991, c. 18, s. 30 (5).

Exemption

(6)  Subsection (1) does not apply with respect to an activity or person that is exempted by the regulations. 1991, c. 18, s. 30 (6).

Dispensing hearing aids

31.  No person shall dispense a hearing aid for a hearing impaired person except under a prescription by a member authorized by a health profession Act to prescribe a hearing aid for a hearing impaired person. 1991, c. 18, s. 31.

Dental devices, etc.

32.  (1)  No person shall design, construct, repair or alter a dental prosthetic, restorative or orthodontic device unless,

(a) the technical aspects of the design, construction, repair or alteration are supervised by a member of the College of Dental Technologists of Ontario or the Royal College of Dental Surgeons of Ontario; or

(b) the person is a member of a College mentioned in clause (a).

Employers

(2)  A person who employs a person to design, construct, repair or alter a dental prosthetic, restorative or orthodontic device shall ensure that subsection (1) is complied with.

Supervisors

(3)  No person shall supervise the technical aspects of the design, construction, repair or alteration of a dental prosthetic, restorative or orthodontic device unless he or she is a member of the College of Dental Technologists of Ontario or the Royal College of Dental Surgeons of Ontario.

Denturists

(4)  This section does not apply with respect to the design, construction, repair or alteration of removable dentures for the patients of a member of the College of Denturists of Ontario if the member does the designing, construction, repair or alteration or supervises their technical aspects.

Exceptions

(5)  This section does not apply with respect to anything done in a hospital as defined in the Public Hospitals Act or in a clinic associated with a university’s faculty of dentistry or the denturism program of a college of applied arts and technology. 1991, c. 18, s. 32.

Restriction of title “doctor”

33.  (1)  Except as allowed in the regulations under this Act, no person shall use the title “doctor”, a variation or abbreviation or an equivalent in another language in the course of providing or offering to provide, in Ontario, health care to individuals. 1991, c. 18, s. 33 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 33 is amended by the Statutes of Ontario, 2007, chapter 10, Schedule P, subsection 20 (1) by adding the following subsections:

Same

(1.1)  Subsection (1) does not apply to a person who is a member of the College of Naturopaths of Ontario. 2007, c. 10, Sched. P, s. 20 (1).

Naturopathic doctor

(1.2)  A member referred to in subsection (1.1) shall not use the title “doctor” in written format without using the phrase, “naturopathic doctor”, immediately following his or her name. 2007, c. 10, Sched. P, s. 20 (1).

See: 2007, c. 10, Sched. P, ss. 20 (1), 21 (2).

Idem

(2)  Subsection (1) does not apply to a person who is a member of,

(a) the College of Chiropractors of Ontario;

(b) the College of Optometrists of Ontario;

(c) the College of Physicians and Surgeons of Ontario;

(d) the College of Psychologists of Ontario; or

(e) the Royal College of Dental Surgeons of Ontario. 1991, c. 18, s. 33 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 33 is amended by the Statutes of Ontario, 2006, chapter 27, subsection 18 (1) by adding the following subsection:

Same

(2.1)  Subsection (1) does not apply to a person who is a member of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario and who holds a certificate of registration that entitles the member to use the title “doctor”. 2006, c. 27, s. 18 (1).

See: 2006, c. 27, ss. 18 (1), 20 (2).

Definition

(3)  In this section,

“abbreviation” includes an abbreviation of a variation. 1991, c. 18, s. 33 (3).

Holding out as a College

34.  (1)  No corporation shall falsely hold itself out as a body that regulates, under statutory authority, individuals who provide health care.

Idem

(2)  No individual shall hold himself or herself out as a member, employee or agent of a body that the individual falsely represents as or knows is falsely represented as regulating, under statutory authority, individuals who provide health care. 1991, c. 18, s. 34.

Holding out as a health profession corporation

34.1  (1)  No corporation shall hold itself out as a health profession corporation unless it holds a valid certificate of authorization. 2000, c. 42, Sched., s. 30.

Same

(2)  No person shall hold himself or herself out as a shareholder, officer, director, agent or employee of a health profession corporation unless the corporation holds a valid certificate of authorization. 2000, c. 42, Sched., s. 30.

Miscellaneous

Exemption, aboriginal healers and midwives

35.  (1)  This Act does not apply to,

(a) aboriginal healers providing traditional healing services to aboriginal persons or members of an aboriginal community; or

(b) aboriginal midwives providing traditional midwifery services to aboriginal persons or members of an aboriginal community.

Jurisdictions of Colleges

(2)  Despite subsection (1), an aboriginal healer or aboriginal midwife who is a member of a College is subject to the jurisdiction of the College.

Definitions

(3)  In this section,

“aboriginal healer” means an aboriginal person who provides traditional healing services; (“guérisseur autochtone”)

“aboriginal midwife” means an aboriginal person who provides traditional midwifery services. (“sage-femme autochtone”) 1991, c. 18, s. 35.

Confidentiality

36.  (1)  Every person employed, retained or appointed for the purposes of the administration of this Act, a health profession Act or the Drug and Pharmacies Regulation Act and every member of a Council or committee of a College shall keep confidential all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any information to any other person except,

(a) to the extent that the information is available to the public under this Act, a health profession Act or the Drug and Pharmacies Regulation Act;

(b) in connection with the administration of this Act, a health profession Act or the Drug and Pharmacies Regulation Act, including, without limiting the generality of this, in connection with anything relating to the registration of members, complaints about members, allegations of members’ incapacity, incompetence or acts of professional misconduct or the governing of the profession;

(c) to a body that governs a profession inside or outside of Ontario;

(d) as may be required for the administration of the Drug Interchangeability and Dispensing Fee Act, the Healing Arts Radiation Protection Act, the Health Insurance Act, the Independent Health Facilities Act, the Laboratory and Specimen Collection Centre Licensing Act, the Ontario Drug Benefit Act, the Coroners Act, the Controlled Drugs and Substances Act (Canada) and the Food and Drugs Act (Canada);

(e) to a police officer to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result;

(f) to the counsel of the person who is required to keep the information confidential under this section;

(g) to confirm whether the College is investigating a member, if there is a compelling public interest in the disclosure of that information;

(h) where disclosure of the information is required by an Act of the Legislature or an Act of Parliament;

(i) if there are reasonable grounds to believe that the disclosure is necessary for the purpose of eliminating or reducing a significant risk of serious bodily harm to a person or group of persons; or

(j) with the written consent of the person to whom the information relates. 2007, c. 10, Sched. M, s. 7 (1).

Reports required under Code

(1.1)  Clauses (1) (c) and (d) do not apply with respect to reports required under section 85.1 or 85.2 of the Code. 1993, c. 37, s. 1. 1998, c. 18, Sched. G, s. 7 (2).

Definition

(1.2)  In clause (1) (e),

“law enforcement proceeding” means a proceeding in a court or tribunal that could result in a penalty or sanction being imposed. 1998, c. 18, Sched. G, s. 7 (2); 2007, c. 10, Sched. M, s. 7 (2).

Limitation

(1.3)  No person or member described in subsection (1) shall disclose, under clause (1) (e), any information with respect to a person other than a member. 1998, c. 18, Sched. G, s. 7 (2); 2007, c. 10, Sched. M, s. 7 (3).

No requirement

(1.4)  Nothing in clause (1) (e) shall require a person described in subsection (1) to disclose information to a police officer unless the information is required to be produced under a warrant. 1998, c. 18, Sched. G, s. 7 (2); 2007, c. 10, Sched. M, s. 7 (4).

Confirmation of investigation

(1.5)  Information disclosed under clause (l) (g) shall be limited to the fact that an investigation is or is not underway and shall not include any other information. 2007, c. 10, Sched. M, s. 7 (5).

Not compellable

(2)  No person or member described in subsection (1) shall be compelled to give testimony in a civil proceeding with regard to matters that come to his or her knowledge in the course of his or her duties. 1991, c. 18, s. 36 (2).

Evidence in civil proceedings

(3)  No record of a proceeding under this Act, a health profession Act or the Drug and Pharmacies Regulation Act, no report, document or thing prepared for or statement given at such a proceeding and no order or decision made in such a proceeding is admissible in a civil proceeding other than a proceeding under this Act, a health profession Act or the Drug and Pharmacies Regulation Act or a proceeding relating to an order under section 11.1 or 11.2 of the Ontario Drug Benefit Act. 1991, c. 18, s. 36 (3); 1996, c. 1, Sched. G, s. 27 (2).

Collection of personal information by College

36.1  (1)  At the request of the Minister, a College shall collect information directly from members of the College as is reasonably necessary for the purpose of Ministry health human resources planning. 2007, c. 10, Sched. M, s. 8.

Unique identifiers

(2)  At the request of the Minister, a College shall assign a unique identifier for each member of the College from whom information is collected under subsection (1). 2007, c. 10, Sched. M, s. 8.

Members to provide information

(3)  A member of a College who receives a request for information for the purpose of subsection (1) shall provide the information to the College within the time period and in the form and manner specified by the College. 2007, c. 10, Sched. M, s. 8.

Disclosure to Minister

(4)  A College shall disclose the information collected under subsection (1) to the Minister within the time period and in the form and manner specified by the Minister. 2007, c. 10, Sched. M, s. 8.

Use by Minister

(5)  The Minister may use and disclose the information only for the purpose set out under subsection (1), and shall not use or collect personal information if other information will serve the purpose, and shall not use or collect more personal information than is necessary for the purpose. 2007, c. 10, Sched. M, s. 8.

Reports

(6)  The Minister may publish reports and other documents using information provided to him or her by a College under this section for the purpose set out in subsection (1), and for that purpose only, but the Minister shall not include any personal information about a member of a College in such reports or documents. 2007, c. 10, Sched. M, s. 8.

Notice required by s. 39 (2) of FIPPA

(7)  If the Minister requires a College to collect personal information from its members under subsection (1), the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act is given by,

(a) a public notice posted on the Ministry’s website; or

(b) any other public method that may be prescribed. 2007, c. 10, Sched. M, s. 8.

Same

(8)  If the Minister publishes a notice referred to under subsection (7), the Minister shall advise the College of the notice and the College shall also publish a notice about the collection on the College’s website within 20 days of receiving the advice from the Minister. 2007, c. 10, Sched. M, s. 8.

Definitions

(9)  In this section,

“health human resources planning” means ensuring the sufficiency and appropriate distribution of health providers; (“planification des ressources humaines en santé”)

“information” includes personal information; (“renseignements”)

“Ministry” means the Ministry of Health and Long-Term Care. (“ministère”) 2007, c. 10, Sched. M, s. 8.

Onus of proof to show registration

37.  (1)  A person who is charged with an offence to which registration under a health profession Act would be a defence shall be deemed, in the absence of evidence to the contrary, to have not been registered. 1991, c. 18, s. 37.

Onus of proof to show certificate of authorization

(2)  A person who is charged with an offence to which holding a certificate of authorization under a health profession Act would be a defence shall be deemed, in the absence of evidence to the contrary, to have not been issued a certificate of authorization. 2000, c. 42, Sched., s. 31.

Note: Effective June 4, 2009 or on an earlier day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2007, chapter 10, Schedule M, subsection 9 (1) by striking out “under a health profession Act”. See: 2007, c. 10, Sched. M, ss. 9 (1), 75 (1).

Note: Effective June 4, 2009 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 37 is amended by the Statutes of Ontario, 2007, chapter 10, Schedule M, subsection 9 (2) by adding the following subsection:

Injunctions

(3)  Subsections (1) and (2) apply, with necessary modifications, to a person who is the subject of an application under section 87 of the Code. 2007, c. 10, Sched. M, s. 9 (2).

See: 2007, c. 10, Sched. M, ss. 9 (2), 75 (1).

Immunity

38.  No action or other proceeding for damages shall be instituted against the Crown, the Minister, an employee of the Crown, the Advisory Council, a College, a Council, or a member, officer, employee, agent or appointee of the Advisory Council, a College, a Council, a committee of a Council or a panel of a committee of a Council for an act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a health profession Act, the Drug and Pharmacies Regulation Act or a regulation or a by-law under those Acts or for any neglect or default in the performance or exercise in good faith of the duty or power. 1991, c. 18, s. 38; 1998, c. 18, Sched. G, s. 8; 2007, c. 10, Sched. M, s. 10.

Service

39.  (1)  A notice or decision to be given to a person under this Act, the Drug and Pharmacies Regulation Act or a health profession Act may be given by mail or by fax. 2007, c. 10, Sched. M, s. 11.

When notice or decision given by mail received

(2)  If a notice or decision is sent by mail addressed to a person at the person’s last known address, there is a rebuttable presumption that it was received by the person on the fifth day after mailing. 2007, c. 10, Sched. M, s. 11.

When notice or decision given by fax received

(3)  If a notice or decision is sent by fax to a person at the person’s last known fax number, there is a rebuttable presumption that it was received by the person,

(a) on the day it was faxed, if faxed after midnight and before 4 p.m.; or

(b) on the following day, if faxed at any other time. 2007, c. 10, Sched. M, s. 11.

Offences

40.  (1)  Every person who contravenes subsection 27 (1) or 30 (1) is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not more than $25,000, or to imprisonment for a term of not more than one year, or both; and

(b) for a second or subsequent offence, to a fine of not more than $50,000, or to imprisonment for a term of not more than one year, or both. 2007, c. 10, Sched. M, s. 12.

Same

(2)  Every individual who contravenes section 31, 32 or 33 or subsection 34 (2), 34.1 (2) or 36 (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence. 2007, c. 10, Sched. M, s. 12.

Same

(3)  Every corporation that contravenes section 31, 32 or 33 or subsection 34 (1), 34.1 (1) or 36 (1) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and not more than $200,000 for a second or subsequent offence. 2007, c. 10, Sched. M, s. 12.

Responsibility of employment agencies

41.  Every person who procures employment for an individual and who knows that the individual cannot perform the duties of the position without contravening subsection 27 (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence, and not more than $50,000 for a second or subsequent offence. 1991, c. 18, s. 41; 2007, c. 10, Sched. M, s. 13.

Responsibility of employers

42.  (1)  The employer of a person who contravenes subsection 27 (1) while acting within the scope of his or her employment is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence, and not more than $50,000 for a second or subsequent offence. 1991, c. 18, s. 42 (1); 2007, c. 10, Sched. M, s. 14 (1).

Responsibility of directors of corporate employers

(2)  In addition, if the employer described in subsection (1) is a corporation, every director of the corporation who approved of, permitted or acquiesced in the contravention is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence, and not more than $50,000 for a second or subsequent offence. 1991, c. 18, s. 42 (2); 2007, c. 10, Sched. M, s. 14 (2).

Exception

(3)  Subsection (2) does not apply with respect to a corporation that operates a public hospital within the meaning of the Public Hospitals Act or to a corporation to which Part III of the Corporations Act applies. 1991, c. 18, s. 42 (3).

No limitation

42.1  Section 76 of the Provincial Offences Act does not apply to a prosecution under this Act, the Drug and Pharmacies Regulation Act or a health profession Act. 2007, c. 10, Sched. M, s. 15.

Regulations

43.  (1)  Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations,

(a) prescribing forms of energy for the purposes of paragraph 7 of subsection 27 (2);

(b) exempting a person or activity from subsection 27 (1) or 30 (1);

(c) attaching conditions to an exemption in a regulation made under clause (b);

(d) allowing the use of the title “doctor”, a variation or abbreviation or an equivalent in another language;

(e) respecting health profession corporations;

(f) governing the issue, renewal, suspension, revocation and expiration of certificates of authorization;

(g) governing the names of health profession corporations;

(h) specifying in greater detail the things that shall be provided by or performed by a College under sections 15 to 22.11 of the Code;

(h.1) for the purposes of clause 36.1 (7) (b), prescribing alternative methods of giving the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act;

Note: Clause (h.1) was enacted as clause (h) in the source law, the Statutes of Ontario, 2007, chapter 10, Schedule M, subsection 16 (1). The clause is renumbered in this consolidation to distinguish it from existing clause (h), enacted by the Statutes of Ontario, 2006, chapter 31, subsection 35 (2).

Note: Effective June 4, 2009 or on an earlier day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2007, chapter 10, Schedule M, subsection 16 (2) by adding the following clause:

(h.2) prescribing information as information that is to be posted on a College website for the purposes of section 3.1 of the Code;

See: 2007, c. 10, Sched. M, ss. 16 (2), 75 (1).

Note: Clause (h.2) was enacted as clause (i) in the source law, the Statutes of Ontario, 2007, chapter 10, Schedule M, subsection 16 (2). The clause is renumbered in this consolidation to distinguish it from existing clause (i), enacted by the Statutes of Ontario, 2006, chapter 31, subsection 35 (2).

(i) governing reports and certificates to be provided to the Fairness Commissioner, appointed under the Fair Access to Regulated Professions Act, 2006, including their form, their manner of preparation, making them available to the public and requiring a College to provide such reports and certificates;

(j) governing other information to be provided to the Fairness Commissioner and requiring persons to provide that information;

(k) governing audits, including specifying audit standards and the scope of audits. 1991, c. 18, s. 43 (1); 2000, c. 42, Sched., s. 33; 2006, c. 31, s. 35 (2); 2007, c. 10, Sched. M, s. 16 (1).

Scope of regulations

(2)  A regulation may be general or particular in its application. 1991, c. 18, s. 43 (2).

Definition

(3)  In clause (1) (d),

“abbreviation” includes an abbreviation of a variation. 1991, c. 18, s. 43 (3).

Regulations

43.1  Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations governing funding under programs required under section 85.7 of the Code, including regulations,

(a) prescribing the maximum amount or a means of establishing the maximum amount of funding that may be provided for a person in respect of a case of sexual abuse;

(b) prescribing the period of time during which funding may be provided for a person in respect of a case of sexual abuse. 1993, c. 37, s. 3.

References to health professionals

44.  A reference in an Act or regulation to a person described in Column 1 of the Table shall be deemed to be a reference to a person described opposite in Column 2. 1991, c. 18, s. 44.

45.  Omitted (amends or repeals other Acts). 1991, c. 18, s. 45.

46.  Omitted (revokes regulations). 1991, c. 18, s. 46.

47., 48.  Omitted (amends or repeals other Acts). 1991, c. 18, ss. 47, 48.

49.  Omitted (provides for coming into force of provisions of this Act). 1991, c. 18, s. 49.

50.  Omitted (enacts short title of this Act). 1991, c. 18, s. 50.

table

1991, c. 18, Table.

schedule 1
SELF GOVERNING HEALTH PROFESSIONS

1991, c. 18, Sched. 1; 1998, c. 18, Sched. G, s. 9.

schedule 2
HEALTH PROFESSIONS PROCEDURAL CODE

Note: This Code is deemed by section 4 of the Regulated Health Professions Act, 1991 to be part of each health profession Act.

CONTENTS