DDO Health Law Update

February 2, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.




The Ontario Legislature has adjourned until February 20, 2018.


Proposed Regulations


  1. O.REG 445/10: General, Excellent Care for All Act, 2010 (ECFAA)

This proposed amending regulation is intended to enable HQO to collect, use, and disclose PHI for 2 purposes:

  • Collecting stories from patients and caregivers relating to their personal experiences in the health care system, and publishing those stories in various places, including on HQO’s website, yearly reports and other publications; and
  • Facilitating the participation of patients and caregivers in public engagement initiatives; specifically HQO’s Patient, Family and Public Advisors Council and the Patient, Family, and Public Advisors Network.

HQO would be prohibited from:

  • collecting, using or disclosing PHI unless it first obtains the express written consent of the person whom the PHI relates or that person’s substitute decision maker;
  • collecting an individual’s PHI indirectly through a third party such as a health service organization; and
  • collecting, using or disclosing PHI if other information will serve the purpose, and from collecting, using or disclosing more PHI than is reasonably necessary.

The HQO Board Chair term limit will be amended to allow for an HQO board member who is designated as chair to be appointed for 1 additional term of up to 3 years, resulting in a maximum length of service on the board of 9 years.

More Information: http://www.ontariocanada.com/registry/view.do?postingId=26627&language=en

Comments Due: March 1, 2018


  1. Regulation 552: General, Health Insurance Act (HIS)

This proposed regulation would amend Regulation 552 to make it clear that an insured person receiving in-patient services at a private hospital is entitled to receive accommodation and meals at the standard or public ward level at no extra charge.

More Information: http://www.ontariocanada.com/registry/view.do?postingId=26566&language=en

Comments Due: March 13, 2018


MOHLTC Newsroom

Ontario investing in Hospital Beds to Improve Access to Care

Patients and Families in Durham Region to get New State of the Art Hospital Facilities


Articles of Interest


Greenhouse growers take chance on cannabis in push for green

From weed to wages: Ontario marijuana producers hit by minimum pay rate hike


BC doctor predicts ban on assistance death in faith based institutions will go to court

BC has highest rate of medically assisted death in Canada

Fight to the death: Why Canada’s physician-assisted dying debate has only just begun

Special series: A Good Goodbye (Jan 29 – Feb 2 on CBC Radio 1)

Organ Transplant

It’s a Catch 22: Deathly ill patient in ICU barred from liver transplant list unless he enters rehab

Health Care

York Region and public health nurses reach tentative two-year deal

Amazon,  Buffett, and JPMorgan join forces on health care

Mental Health

CMHA wants Ontario to ‘treat mental illness’ like the flu

Let’s talk about mental health of young immigrant and refugee men


DDO Health Law Update

January 26, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.



The Ontario Legislature has adjourned until February 20, 2018.


Proposed and Approved Regulations

No proposed and approved regulations of interest.


Health Newsroom

Ontario providing free counselling and medication to help youth quit smoking

Toronto shelter users to have better access to health services


Articles of Interest



Liberal government grant for pot research should’ve come earlier, researchers say

Patients need more support to manage opioid prescription use, report states

Canada sold $1.2 billion of illegal cannabis outside country in 2017, StatCan estimate suggest

Ontario seeks public feedback on allowing cannabis lounges as legalization looms

Ontario landlords push for right to ban cannabis smoking by renters despite tenant laws



Health authority looking to hire someone to help people die


Health Care

One dead, nine hospitalized amid influenza outbreak at Seaton House

Hospital overcrowding crisis caused by more than just flu, says Ontario Health Coalition



Commissioner’s Message for Data Privacy Day – Jan 23, 2018


Professional Misconduct

Ontario health minister probing medical regulator’s handling of 1990s complaints against doctors

Pharmacist watchdog investigating two past presidents over payments from drug companies

Law Society of Ontario seeks stronger rules of professional conduct


First Nations

New Indigenous Services Ministry aiming to improve health, quality of life


#MeToo Movement

Will #MeToo be a turning point for younger girls, too?

RCMP members allege sexual abuse by doctor at Mounties’ health office

Larry Nassar sentenced to up to 175 years in prison for decades of sexual abuse



How the flu turns deadly


What’s happening in our city this weekend:

Things to do this Weekend

Winterlicious (Jan 26 – Feb 8)



The Controlled Act of Psychotherapy Now in Force

The controlled act of psychotherapy was proclaimed in force on December 30, 2017. It was drafted into the Regulated Health Professions Act in 2007. Controlled acts are acts that are considered inherently dangerous and are restricted to those authorized to perform them by law, or their delegates.  In order to perform a controlled act, you must be a member of a regulatory college authorized to perform that Act, or be a delegate of an authorized professional.

In 2007, the Psychotherapy Act was enacted and it created the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario.  Companion legislation was amended so that the controlled act of psychotherapy would be authorized to:

  • Nurses
  • Physicians
  • Psychologists
  • Occupational therapists
  • Registered psychotherapists
  • Social workers

However, these provisions were not proclaimed in force, nor was the definition of the controlled act of psychotherapy, until December 30, 2017.

During the intervening period, the College of Psychotherapists was directed to work with 5 other regulatory colleges whose members were to be authorized to provide psychotherapy, to define the meaning of the controlled act. These other colleges are the College of Nurses of Ontario, the College of Psychologists of Ontario, the College of Physicians and Surgeons of Ontario, the College of Occupational Therapists of Ontario and the Ontario College of Social Workers and Social Service Workers.  In June of 2016 the colleges[1] published a document entitled “Understanding the Controlled Act of Psychotherapy[2]”.

In the fall of 2017 the Minister of Health and Long-Term Care referred the matter to its advisory council. The Minister asked HPRAC to further clarify the meaning of the controlled act and to build on the clarification document published by the Colleges[3]. HPRAC submitted its report to the Ministry in November of 2017 but that report has not been released by the Ministry.

In December, the Ministry notified the sector (via Bulletin) that individuals who practise psychotherapy but are not registered with one of the authorized colleges have until December 31, 2019 to determine if they are practising psychotherapy. If so, they must apply for registration with one of the colleges whose members are authorized to perform the controlled act[4]. The Bulletin also notes that the College of Psychotherapists has been instructed by the Ministry to further define the controlled act of psychotherapy and to identify practices that may be exempt from the controlled act of psychotherapy.

Finally, the Bulletin notes that the proclamations align with the Ministry’s objectives to increase accessibility to structured psychotherapy services for individuals with anxiety and depression.  The proclamations are certainly consistent with Health Quality Ontario’s recent recommendation to increase the pool of providers of psychotherapy in order to address prevalent mental health issues such as anxiety and depression. The bulletin further indicates that the Ministry will work with Health Quality Ontario and other stakeholders to provide access to structured psychotherapy services.


[1] All colleges except the CPSO participated in the development of the guidance document.
[2] Available on line at https://www.crpo.ca/controlled-act-of-psychotherapy/.
[3] The Minister’s referral letter can be found on line at http://hprac.org/en/links/resources/Letter-to-HPRAC_Aug-4_17-1.pdf .
[4] See the MOHLTC Health Bulletin entitled “New Psychotherapy Requirements to Support Patient Care and Safety”  dated Dec 21, 2017, available on line at http://www.health.gov.on.ca/en/news/bulletin/2017/hb_20171221.aspx .


DDO Health Law Update

January 19, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.





The Ontario Legislature has adjourned until February 20, 2018.


Proposed and Approved Regulations


  1. Proposed places of use regulations under the Cannabis Act, 2017
    • The Ministry of the Attorney General is proposing the following:
      1. To prohibit medical cannabis users from using medical cannabis in any form while driving or having care or control of a vehicle or boat, whether or not it is in motion. Users would permitted to consume cannabis if they are a passenger, provided the cannabis is not smoked or vaped.
      2. To ensure medical cannabis users are able to access the medical cannabis, users are to be exempt from the prohibition on transporting cannabis in certain circumstances
      3. To permit the use of recreational cannabis in the following places: hotel, motel and inn rooms; motor vehicles and boats that are used as private residences; and private residences that also act as a workplace, subject to some conditions
      4. To prescribe for greater certainty, places where recreational cannabis cannot be used without limiting the generality of the places of use rules and to ensure alignment with the Smoke-Free Ontario Act, 2017
  • The Ministry is considering various approaches to provide more options for where people can consume cannabis without significantly increasing exposure to secondhand smoke and vapour such as regulated and licensed cannabis consumption lounges and venues.
  • Comments Due: March 5, 2018
  • More Information: http://www.ontariocanada.com/registry/view.do?postingId=26449&language=en


  1. Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017, Schedule 4, Amendments to the Highway Traffic Act
    • To supplement the legislative amendments in Schedule 4 of the Act related to reducing impaired driving, distracted driving and enhancing vulnerable road user safety, the Ministry of Transportation is soliciting public comment on complementary regulatory amendments.
    • Comments Due: March 4, 2018
    • More Information: http://www.ontariocanada.com/registry/view.do?postingId=26470&language=en


  1. Smoke-Free Ontario Act, 2017 Regulation


  1. Proposed Regulations Relating to Cannabis Retail and Distribution


Health Newsroom

Ontario Improving Access to Health Care for Children in Sudbury

  • Ontario is supporting Health Sciences North to plan an expansion of the children’s health centre in Sudbury


Articles of Interest


Canada needs to clear the air – and wipe away criminal records for marijuana

Shoppers Drug Mart signs marijuana supply deal with Tilray Canada

Former TD Bank CEO Ed Clark to head up agency that will sell pot in Ontario


Mental Health

Ontario to stop placing inmates with mental health disabilities in solitary confinement


Health Care

Toronto doctor urges review of morning sickness drug Diclectin

Morning sickness drug Diclectin doesn’t work, confidential industry documents reviewed by doctor show

Opinion: Tim Hortons’ response undermines health



Terminally ill man to challenge U.K. laws on assisted death



Too good to be true? Experts clash on whether hitting the gym helps the brain

The importance of taking a break


What’s happening in our city this weekend:

Things to do this weekend


DDO Health Law Update

January 12, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.




The Ontario Legislature has adjourned until February 20, 2018.


Proposed and Approved Regulations


O.REG 79/10 – Long-Term Care Homes Act, 2007

  • The following amendments to O.REG 79/10 were made:
    • The Director under LTCHA can designate reunification priority access beds for individuals who meet the requirements to be placed in category 1 (crisis) on the waiting list for admission and seeking to be reunified in a LTC home with their spouse/partner. Requirements for the waiting list and priority for admission is set out.
    • The Minister of Health and Long-Term Care or the Director is required to disclose personal information about an individual to a health regulatory college and the Ontario College of Social Workers and Social Service Workers for the purpose of administration or enforcement of legislation that relates to these Colleges, or where the Minister or Director is of opinion that it is advisable to do so.
    • The Director has the power to designate specialized unit in a LTC home on his or her own initiative, after considering input from the LHIN and the licensee of the LTC, but can only do so if the licensee agrees with the designation and the Director is satisfied with the licensee’s compliance with the requirements under the legislation.
    • The Ministry may also serve a document by using a commercial courier.
  • Effective Date: January 1, 2018


More information: http://www.ontariocanada.com/registry/view.do?postingId=26226&language=en


Articles of Interest


Eating weed gummies at work? Marijuana rules may take a decade to sort out.

Investors are delusional when it comes to Canadian marijuana companies

Health Care

Ontario announces new site of Moss Park respite centre as advocates decry system in ‘crisis’

Over 220,000 Young People in Ontario Already benefitting from OHIP+

 Mental Health

A donor is giving a record $100 million to CAMH – and doesn’t want to be named

Your letters: Ontario needs supportive housing for those with mental-health issues

Indigenous People

New Ontario-wide health network supports research by Indigenous people for Indigenous people


This fit 21 year old ignored the flu. It killed him.

Get a flu shot, for yourself and for the rest of us


What’s happening in our city this weekend:

Things to do this weekend

The Bentway is Now Open!


ONCA Update

The Ontario Legislature passed Bill 154, the Cutting Unnecessary Red Tape Act, 2017, on November 14th. Bill 154 effected changes to non-profit corporate legislation in Ontario.

The Government has announced that it is working to bring Ontario’s Not-for-profit Corporations Act, 2010 (ONCA) into force and effect by early 2020. This aligns with the long-promised 2 years’ notice that the Government would give to the non-profit sector to allow the sector to prepare for ONCA’s arrival. Even once ONCA is proclaimed, non-profit corporations (now governed by the Corporations Act) will have 3 years to transition under the long-anticipated ONCA regime.

Bill 154 also made changes to the Corporations Act – some of which are beneficial to non-profits in Ontario and can be taken advantage of now, particularly related to relaxing the rules around the conduct of members’ meetings.

Bill 154’s changes to ONCA have no immediate impact. Boards are encouraged to keep ONCA on their radar – but no immediate steps are required. Keep posted.