DDO Legislative Update

A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

Child, Youth and Family Services Act, 2017 (“CYFSA”).

CYFSA has not been proclaimed into force yet but it will replace and repeal the Child and Family Services Act. It was introduced as Schedule 1 of Bill 89, the Supporting Children, Youth and Families Act, 2017,  which received Royal Assent on June 1, 2017.  The Act is expected to come into force on January 1, 2018. Some of the key changes:

  • Raising the protection of children from 16 to 18 to increase protection for more vulnerable youth in unsafe living conditions
  • Strengthening focus on early intervention, helping prevent children and families from reaching crisis situations at home
  • Making services more culturally appropriate for all children and youth in the system, including indigenous and black children and youth to ensure they receive the best possible support
  • Improving oversight of services providers, including CASs, so that children and youth receive consistent, high quality services across Ontario
  • Ensuring better privacy protections for children and youth, which will give Ministry of Children and Youth Services and service providers powers to collect, use and disclose personal information (the privacy framework is modeled after PHIPA)

Bill: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=4479

CYFSA: https://www.ontario.ca/laws/statute/17c14

 

Status of Previously Reported 

 

 

Bill Status
 

Bill 154  – Cutting Unnecessary Red Tape Act, 2017

 

Royal Assent received on November 14, 2017

 

Bill 160 – Strengthening Quality and Accountability for Patients Act, 2017

 

It is under consideration before the Standing Committee (General Government) on November 16, 2017

 

Bill 174 – Cannabis, Smoke-Free Ontario and Road Safety Statue Law Amendment Act, 2017

 

Second reading on November 16, 2017

 

 

Proposed and Approved Regulations

No new and approved regulations of interest

 

Health-Related Newsroom

Ontario opening new hospice in Nipissing

  • Nov 13, 2017 – More patients and families in Northern Ontario to received compassionate palliative care closer to home

Ontario approves major hospital expansion for Peel Memorial Centre

  • Nov 9, 2017 – Province opening 37 more hospital beds for families in Brampton

Ontario improving access to care with new Niagara Falls Hospital

  • Oct 30, 2017 – Province bringing state-of-the-art facilities to patients and families

Ontario redeveloping and expanding Kingston Health Sciences Centre

  • Oct 30, 2017 – Upgrades will improve access to care for families across Southeastern Ontario

Ontario providing more beds for Ottawa seniors

  • Oct 27, 2017 – 2000 more bed and spaces available across the province

 

Articles of Interest

 Professional Misconduct

Experts divided over move to force patient to testify in doctor’s sex abuse case

 

Health Care

Pay-for-access online doctors move Nova Scotia into ‘dangerous territory,’ college warns

There is a prescription for poverty’s punishing impact on health in Ontario

 

Medical Marijuana

Shoppers Drug Mart posts job for medical marijuana brand manager

Weed, cannabis, pot or marijuana: what’s the difference?

 

What’s happening in our city this weekend:

This Weekend: Things to Do

 

 

DDO Legislative Update

In honour of our fallen soldiers on Remembrance Day this weekend:

 Flanders Field

-Lieutenant Colonel John McCrae

 In Flanders fields the poppies blow
Between the crosses, row on row,
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.

We are the Dead.  Short days ago
We lived, felt dawn, saw sunset glow,
Loved and were loved, and now we lie
In Flanders fields.

Take up our quarrel with the foe:
To you from failing hands we throw
The torch; be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields.



A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

No new Bills of interest.

 

Status of Previously Reported 

 

No new developments for previously reported Bills.

 

Bill Status
   
1.   Bill 154  – Cutting Unnecessary Red Tape Act, 2017
  • Third Reading carried on November 1, 2017
2.   Bill 160 – Strengthening Quality and Accountability for Patients Act, 2017
  • Ordered referred to Standing Committee (General Government) on October 26, 2017
3.   Bill 161 – Nick’s Law (Opioid Abuse Awareness), 2017
  • Ordered referred to Standing Committee (Social Policy) on October 5, 2017
4.   Bill 164, Human Rights Code Amendment Act, 2017
  • Ordered referred to Standing Committee (Regulations and Private Bills) on October 26, 2017
5.   Bill 174 – Cannabis, Smoke-Free Ontario and Road Safety Statue Law Amendment Act, 2017
  • Second reading on November 2, 2017.

 

 

Proposed and Approved Regulations

No new and approved regulations of interest

 

Articles of Interest

 

Professional Misconduct

Doctor who showed porn to patient has licence revoked

Patient is trying to stop Ontario’s Medical Regulator from forcing her to testify at a doctor’s sex abuse hearing

 

Health Care

Ontario’s Patient Ombudsman eyes improvements to health care

Health Canada eases restrictions on abortion pill

 

Mental Health

Canada, China partner on project using apps, texts to treat mental health

Canada’s special forces face unique metal health challenges

 

Seniors

Liberals unveil $155M seniors’ strategy

Aging with Confidence: Ontario’s Action Plan for Seniors

 

What’s happening in our city this weekend:

Things to Do this Weekend

Ticket are on sale for Third Annual Foodie Holiday Market

All you need to know about road and subway closures for Remembrance Day weekend

How and where to honour fallen soldiers in the GTA on Remembrance Day

 

Self-Care

Most Popular Books Published in 2017

Best 24-hour Diners in Toronto

Food Network: 50 Cozy Fall Comfort Food Recipes

Ontario’s proposed new Cannabis Act

Bill 174 – Cannabis, Smoke-Free Ontario and Road Safety Statue Law Amendment Act, 2017

 

Introduced by Hon. Yasir Naqvi, Attorney General, the Bill was carried on Second Reading on November 2, 2017.

 This Bill:

  • Enacts the Cannabis Act, 2017 (Schedule 1)
  • Enacts the Ontario Cannabis Retail Corporation Act, 2017 (Schedule 2)
  • Repeals the Smoke-Free Ontario Act and the Electronic Cigarettes Act, 2015 and replaces the acts with Smoke-Free Ontario Act, 2017
  • Amends the Highway Traffic Act re driving with alcohol or drugs present in the body and other matters

Cannabis Act, 2017

  • The purpose of the Act is to establish prohibitions respecting cannabis and to protect youth, public health and safety, and to deter illicit activities through appropriate enforcement and sanctions.
  • It is important to note that, subject to certain exceptions, the Act and regulations do not apply with respect to cannabis produced for medical purposes under applicable federal law.
  • The prohibitions set out that no person is permitted to sell cannabis other than Ontario cannabis retailers established under the Ontario Cannabis Retail Corporation Act, 2017 and that it may not be distributed unless it has been or is intended to be sold by an Ontario cannabis retailer.
  • Cannabis also CANNOT be sold to persons under the age of 19 or to persons who are or appear to be intoxicated. Persons under 19 years of age also cannot possess, consume, purchase or attempt to purchase, distribute, cultivate, propagate or harvest cannabis or offer to cultivate, propagate or harvest it.
  • There are also restrictions that prevent places where cannabis may be consumed and restricts method of transportation in a vehicle or boat, unless certain conditions are met.
  • Landlords are also prohibited from knowingly permitting their premises to be used in relation to the unlawful sale or distribution of cannabis
  • Police officers have the following powers and authority to:
    • request a person who attempts to rely on an exemption to provide specified confirmation of such exemption.
    • seize cannabis or any other thing in specified circumstances.
    • request that premises be vacated if there are reasonable grounds to believe that the Act is being contravened on the premises and to restrict persons who are required to vacate from re-entering the premises on the same day.
    • temporarily close premises other than residential premises if a charge is laid under the Act.
    • arrest a person without a warrant in relation to apparent contraventions of the Act.
    • refer persons who are charged with prohibited activities by persons under 19 years of age to youth education or prevention programs that are approved.
  • Arrangements and agreements may be entered into with respect to the sale, distribution, purchase, possession, consumption, cultivation, propagation or harvesting of cannabis on a reserve.
  • Complementary amendments are made to a number of Acts, most significantly to:
    • Education Act: List of purposes of the code of conduct is amended to refer to discouraging the use of cannabis, except by a medical cannabis user; and amend list of activities leading to possible suspension.
    • Liquor License Act: The Act is amended to incorporate referrals to youth education or prevention programs under that Act, as a parallel to the corresponding provisions in the Cannabis Act.

Ontario Cannabis Retail Corporation Act, 2017

  • The Act provides for the establishment of the Ontario Cannabis Retail Corporation (OCRC), which has the exclusive right to sell cannabis in Ontario subject to certain exceptions.
  • Appointment, composition and duties of the OCRC Board are provided for. An  individual who is a member of the LCBO is eligible to be appointed as a member of the OCRC board, and if appointed does not have a conflict of interest simply because they are a member of the LCBO.
  • OCRC must enter into a MOU with the LCBO.
  • OCRC may make by-laws and the MOU with the LCBO may provide that the certain by-laws of the Corporation must be approved by the LCBO.
  • OCRC may enter into agreements with the LCBO.
  • OCRC may enter into agreements for the sale of cannabis by agents, if authorized by the Minister.
  • OCRC’s financial matters are to be audited annually by Auditor General.
  • Certain restrictions on the Corporation’s operations are established in connection with applicable federal law.
  • Complementary amendments are made to the Liquor Control Act to allow LCBO to oversee Ontario cannabis retailers established under the OCRCA, and enter into agreements with the retailers.

Smoke-Free Ontario Act, 2017

  • This new Act applies to tobacco products, vapour products and medical cannabis, and to other products and substances that may be prescribed in the regulations. For example, it is prohibited to sell or supply tobacco products, vapour products and prescribed products and substances to persons under 19.
  • The smoking of tobacco or medical cannabis, use of electronic cigarettes and consumption of prescribed products and substances is prohibited in a number of places such as:
    • Enclosed public places
    • Enclosed work places
    • Schools
    • Child care centre
    • Reserved seating areas of sporting arenas
  • This prohibition for consumption in certain places is subject to certain exemptions such as controlled use areas in long-term care homes and designated hotel rooms. Obligations are placed on employers and proprietors with respect to places where the prohibition apply.
  • Home health-care workers are protected from the use in their presence of tobacco, medical cannabis, electronic cigarettes and prescribed products and substances
  • No one shall be allowed to do any of the following in a motor vehicle:
    • Smoke tobacco or have a lighted tobacco, or use an electronic cigarette or have an activated electronic cigarette  while another person who is less than 16 years is present in the vehicle
    • Smoke medial cannabis, have lighted medical cannabis, use an e-cigarette containing medical cannabis or have an activated electronic cigarette containing medical cannabis
    • Consume a prescribed produce or substance in a prescribed manner or have a prescribed product of substance
  • Traditional use of tobacco by indigenous people are protected

Highway Traffic Act

  • The Act amends provisions as it relates to novice and young drivers regarding driving with alcohol or drugs present in the body. For example, if a novice or young driver is found to contravene the condition of not having drugs in the driver’s body while driving, they will be guilty of a fine between $60 to $500 dollars. A young driver’s license may also be suspended for 30 days, and license of an novice drive may be suspended, cancelled or changed in accordance with the regulation.
  • Other provisions of the Act are amended as well. For example, the maximum fine for contravention of the Act or regulation is increased from $500 to $1000.

For more information on the Bill: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5276

 

DDO Legislative Update

A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

Bills

Bill 174 – Cannabis, Smoke-Free Ontario and Road Safety Statue Law Amendment Act, 2017

Introduced by Hon. Yasir Naqvi, Attorney General, the Bill was carried on Second Reading on November 2, 2017.

This Bill:

  • Enacts the Cannabis Act, 2017 (Schedule 1)
  • Enacts the Ontario Cannabis Retail Corporation Act, 2017 (Schedule 2)
  • Repeals the Smoke-Free Ontario Act and the Electronic Cigarettes Act, 2015 and replaces the acts with Smoke-Free Ontario Act, 2017
  • Amends the Highway Traffic Act re driving with alcohol or drugs present in the body and other matters

Cannabis Act, 2017

  • The purpose of the Act is to establish prohibitions respecting cannabis and to protect youth, public health and safety, and to deter illicit activities through appropriate enforcement and sanctions.
  • It is important to note that subject to certain exceptions, the Act and regulations do not apply with respect to Cannabis produced for medical purposes under applicable federal law.
  • The prohibitions set out that no person is permitted to sell cannabis other than Ontario cannabis retailer established under the Ontario Cannabis Retail Corporation Act, 2017 and that it may not be distributed unless it has been or is intended to be sold by the Ontario cannabis retailer.
  • Cannabis cannot also NOT be sold to persons under age of 19 or to persons who are or appear to be intoxicated. Persons under 19 years of age also cannot possess, consume, purchase or attempt to purchase, distribute, cultivate, propagate or harvest cannabis or offer to cultivate, propagate or harvest it.
  • There are also restrictions that prevent places where cannabis may be consumed and restricts method of transportation in a vehicle or boat, unless certain conditions are met.
  • Landlords are also prohibited from knowingly permitting their premises to be used in relation to the unlawful sale or distribution of cannabis
  • Police officers have the following powers and authority to:
    • request a person who attempts to rely on an exemption to provide specified confirmation of such exemption.
    • seize cannabis or any other thing in specified circumstances.
    • request that premises to be vacated if there are reasonable grounds to believe that the Act is being contravened on the premises and to restrict persons who are required to vacate from re-entering the premises on the same day.
    • temporarily close premises other than residential premises if a charge is laid under the act.
    • arrest a person without a warrant in relation to apparent contraventions of the act.
    • refer persons who are charged with prohibited activities by persons under 19 years of age to youth education or prevention programs that are approved.
  • Arrangements and agreements may be entered into with respect to the sale, distribution, purchase, possession, consumption, cultivation, propagation or harvesting of cannabis on a reserve.
  • Complementary amendments are made to a number of Acts, most significantly to:
    • Education Act: List of purposes of the code of conduct is amended to refer to discouraging the use of cannabis, except by a medical cannabis user; and amend list of activities leading to possible suspension.
    • Liquor License Act: The Act is amended to incorporate referrals to youth education or prevention programs under that Act, as a parallel to the corresponding provisions in the Cannabis Act.

Ontario Cannabis Retail Corporation Act, 2017

  • The Act provides for the establishment of the Ontario Cannabis Retail Corporation (OCRC), which has the exclusive right to sell cannabis in Ontario subject to certain exceptions.
  • OCRC has the capacity, rights, powers and privileges of a natural person except as limited in the Act or the regulations.
  • OCRC is an agent of the Crown and is deemed to be a government agency for the purposes of the French Language Services Act
  • Appointment, composition and duties of the OCRC Board are provided for. An  individual who is a member of the LCBO is eligible to appointed as a member of the OCRC board, and if appointed does not have a conflict of interest simply because they are a member of the LCBO. OCRC must enter into a MOU with the LCBO.
  • OCRC may make by-laws and the MOU with the LCBO may provide that the certain by-laws of the Corporation must be approved by the LCBO.
  • OCRC may enter into agreements with the LCBO.
  • OCRC may enter into agreements for the sale of cannabis by agents, if authorized by the Minister
  • OCRC’s financial matters are to be audited annually by Auditor General.
  • Certain restrictions on the Corporation’s operations are established in connection with applicable federal law.
  • Complementary amendments are made to the Liquor Control Act to allow LCBO to oversee Ontario cannabis retailers established under the OCRCA, and enter into agreements with the retailers.

Smoke-Free Ontario Act, 2017

  • This new Act applies to tobacco products, vapour products and medical cannabis, and to other products and substances that may be prescribed in the regulations. For example, it is prohibited to sell or supply tobacco products, vapour products and prescribed products and substances to persons under 19.
  • The smoking of tobacco or medical cannabis, use of electronic cigarettes and consumption of prescribed products and substances is prohibited in a number of places such as:
    • Enclosed public places
    • Enclosed work places
    • Schools
    • Child care centre
    • Reserved seating areas of sporting arenas
  • This prohibition for consumption in certain places is subject to certain exemptions such as controlled use areas in long-term care homes and designated hotel rooms. Obligations are placed on employers and proprietors with respect to places where the prohibition apply.
  • Home health-care workers are protected from the use in their presence of tobacco, medical cannabis, electronic cigarettes and prescribed products and substances
  • No one shall be allowed to do any of the following in a motor vehicle:
    • Smoke tobacco or have a lighted tobacco, or use an electronic cigarette or have an activated electronic cigarette  while another person who is less than 16 years is present in the vehicle
    • Smoke medial cannabis, have lighted medical cannabis, use an e-cigarette containing medical cannabis or have an activated electronic cigarette containing medical cannabis
    • Consume a prescribed produce or substance in a prescribed manner or have a prescribed product of substance
  • Traditional use of tobacco by indigenous people are protected

Highway Traffic Act

  • The Act amends provisions as it relates to novice and young drivers regarding driving with alcohol or drugs present in the body. For example, if a novice or young driver is found to contravene the condition of not having drugs in the driver’s body while driving, they will be guilty of a fine between $60 to $500 dollars. A young driver’s license  may also be suspended for 30 days, and license of an novice drive may be suspended, cancelled or changed in accordance with the regulation.
  • Other provisions of the Act is amended as well. For example, the maximum fine for contravention of the Act or regulation is increased from $500 to $1000.

 

For more information on the Bill: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5276

 

Status of Previously Reported Bills

 

Bill Status
 

Bill 154 – Cutting Unnecessary Red Tape Act, 2017

Third reading carried on November 1, 2017
Bill 160 – Strengthening Quality and Accountability for Patients Act, 2017 Ordered referred to Standing Committee (General Government) on October 26, 2017
Bill 161 – Nick’s Law (Opioid Abuse Awareness), 2017 Ordered referred to Standing Committee (Social Policy) on October 5, 2017
Bill 164, Human Rights Code Amendment Act, 2017 Ordered referred to Standing Committee (Regulations and Private Bills) on October 26, 2017

 

Proposed and Approved Regulations

 

  • No new and approved regulations of interest

 

Articles of Interest

 Marijuana

Cannabis law should spell end for dispensaries

Legalized marijuana presents opportunity of a lifetime for Canadian entrepreneurs

Protecting People in Ontario from the Health Impacts of Cannabis

 

MAID

Proposed Manitoba legislation to protect health professional who object to assisted dying called one sided

 

Organ Transplants

Ontario study to life six-month-sober rule for liver transplant patients

 

Privacy

Appalling privacy breach as Canadian officials share sensitive info of Brazil woman with man in Ontario

B.C radiologist’s questionable work missed due to poor communication, privacy concerns, report finds

 

Health Care

Breast density is a risk women need to know about, cancer survivor group says

Bernie Sanders compares US health-care struggles to rights movements

The unfinished dollhouse a family’s transition with a transgender child

Health Canada prepares to rewrite the food guide

Opposition slams Wynne government over ‘hallway medicine crisis’

 

Long Term Care & Seniors

Grey Matters: Elderly patients have right to refuse medical treatment

 

What’s happening in our city this weekend:

Things to do this Weekend

 

DDO Legislative Update

A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

Bills

No Bills of interest.

 

Status of Previously Reported Bills

 

Bill Status
1.     Bill 160 – Strengthening Quality and Accountability for Patients Act, 2017 Ordered referred to Standing Committee (General Government) on October 26, 2017
2.      Bill 161 – Nick’s Law (Opioid Abuse Awareness), 2017 Ordered referred to Standing Committee (Social Policy) on October 5, 2017

 

3.      Bill 163, Protecting a Woman’s Right to Access Abortion Services Act, 2017

 

Royal Assent received on October 25, 2017
4.      Bill 164, Human Rights Code Amendment Act, 2017

 

Ordered referred to Standing Committee (Regulations and Private Bills) on October 26, 2017

 

Proposed Regulations

Health Protection and Promotion Act Regulations would be amended to modernize and ensure public health programs and services remain current to protect the health of Ontarians. There are proposed amendments to 11 regulations under HPPA:

  • REG 199/03 – Control of West Nile Virus
  • REG 318/08 – Transitional – Small Drinking Water Systems
  • REG 428/05 – Public Spas
  • REG 565 – Public pools
  • REG 554 – Camps in Unorganized Territory
  • REG 557 – Communicable Diseases – General
  • REG 562 – Food Premises
  • REG 566 – Qualifications of Boards of Health Staff
  • REG 567 – Rabies Immunization
  • REG 568 – Recreational Camps
  • REG 569 – Reports

http://www.ontariocanada.com/registry/view.do?postingId=25266&language=en

Comments Due: November 8, 2017

 

 Articles of Interest

 

Opioid Crisis

Rising hospitalizations due to opioid crisis puts burden on health system

Opioid addiction and the most controversial bathroom in New York

 

Marijuana

Toronto Parent angered by flyer promoting weed delivery service

McMaster University Campus is going 100% smoke free here are 5 things to know

 

Privacy

Doctors are under attack group says medical offices are regularly hit by ransomware

 

Physician Professional Misconduct

Georgetown family doctor admits showing patients naked selfies was completely inappropriate

Fake neurosurgeon ordered to pay $300 000 for botched treatment, but allowed to pose as doctor for years

 

Health Care

Hospital getting more beds, more funding

Toronto HIV-AIDS hospital doubles it capacity, launches new awareness campaign

Real patients star in Sick Kids’ campaign video

 

Long Term Care & Seniors

My Mother was let down: the failings behind the unexplained death of Violet Lucas

 

Self-Care

Skipping breakfast might be healthier than eating sugary foods in the morning

Palm lane Yorkville – New Fast Casual Salad Bar from Chase Hospitality Group

Best new restaurants and bars in Toronto East

 

DDO Legislative Update

A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

Bills

No Bills of interest.

Regulations

 

No Regulations of interest.

 Articles of Interest

 

Opioid Crisis

‘Illegal’ payments for prescription opioids under review, says health minister

Prescription limits driving some patients to street drugs

Health ministers looking at electronic database to fight opioid crisis

Manslaughter charges for fentanyl dealers not the answer: experts

Alberta says Health Canada approves safe injection sites in Edmonton, Lethbridge

 

Litigation

Brampton woman on life support is moving is bleeding but is dead doctors say.

Motherrisk hair test rejected by judge – 22 years before scandal blew up

‘It’s a tragedy’: How the flawed Motherrisk hair test helped fracture families across Canada

 

Research

Questions raised about disclosure of Canadian research-policy breaches

 

Health Care

Health Ministers meet Cannabis-Opioid Crisis

Far too many hospital beds occupied by patients who don’t need to be there: report

6 months after coma, man still in ICU while he waits for place to live

 

Gord Downie

Kingston fan pay respects to Gord Downie

Gord Downie used voice to ‘shed a light’ on brain cancer, importance of reconciliation

 

Self-care

Why our brain needs sleep, and what happens if we don’t get enough of it