DDO Health Law Update

April 20, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

BILLS

 

Bill 31 – Plan for Care and Opportunity Act (Budget Measures), 2018

 

Introduced by Hon. Charles Sousa, Minister of Finance.  The Bill is in Second Reading debate.

The Bill amends several Acts.  Most relevant to our clients is the amendment to the Hospital Labour Disputes Arbitration Act which would deem Canadian Blood Services as a “hospital” for the purposes of that Act.  The changes acknowledge the integral services that Canadian Blood Services deliver in Ontario affecting patients, and therefore, it is in the public interest that employee strikes and lockouts be replaced with an arbitration process when resolving employee disputes.

For more information:

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5838

 

Bill 52 – Ministry of Mental Health and Addictions Act, 2018

 

Introduced by Teresa M. Armstrong, MPP (London–Fanshawe) – Critic, Anti-Racism Directorate; Critic, Home and Long-Term Care; Deputy Third Party Whip; Critic, Seniors’ Affairs; New Democratic Party of Ontario. The second reading of the Bill was carried on April 19, 2018, and it was referred to the Standing Committee on Social Policy.

The Bill establishes the Ministry of Mental Health and Addictions. The Bill sets out the functions and duties of the Minister (see s. 4).

For more information:

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5916

 

Bill 48 – Protecting Vulnerable Persons in Supportive Living Accommodation Act, 2018

 

Introduced by Cindy Forster, MPP (Welland) – Caucus Chair; Critic, Labour, Fairness and Work; New Democratic Party of Ontario. The first reading of the Bill was carried on April 16, 2018.

The Bill requires operators of a supportive living accommodation to hold a licence issued by the Minister and fulfill certain obligations under the Act. Supportive living accommodation is defined under s. 2(1) as residential premises where four or more persons, who are not related to the operator, reside and receive assistance with the activities of daily living from, or as arranged by, the operator. Supportive living accommodation requirements to hold a license under this Act do not include the operation of various premises, including long-term care homes, private and public hospitals, retirement homes, etc.

For more information:

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5907

 

REGULATIONS

No new proposed regulations.

 

ARTICLES OF INTEREST

 

 

DDO Health Law Update

April 6, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

  1. Bill 32 – Peter Kormos Memorial Act (Trillium Gift of Life Network Amendment), 2018

This Bill is reintroduced to establish a presumed consent regime in Ontario.  This Bill amends the Trillium Gift of Life Network Act to no longer require consent to be obtained before tissue can be removed from a human body. However, a person may object to the removal of the tissue prior to his or her death or a substitute decision maker may object after the death has occurred. If an objection is made, no tissue shall be removed from the body. TGLN will establish and maintain a registry of such objections.

Introduced by France Gelinas, MPP (Nickel Belt), Opposition, the Bill was carried on First Reading on March 29, 2018.

For more information: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5862

  1. Bill 182, Compassionate Care Act, 2017

This Bill is reintroduced to establish a provincial framework to support improved access to hospice palliative care. This Bill enacts the Compassionate Care Act, 2017, which requires the Minister of Health and Long-Term Care to develop the provincial framework. The Act requires the Minister to set out the provincial framework one year after the Bill comes into force, and within 5 years after the report is tabled, the Minister must prepare and table a report on the state of hospice palliative care, which should be published on a Government of Ontario website.

Introduced by Sam Oosterhoff, MPP (Niagara West – Glanbrook), Opposition, the Bill was carried on First Reading on March 29, 2018.

More information: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5863

  1. Bill 35 – Removing Barriers in Audiology and Speech-Language Pathology Act

This Bill is reintroduced. This Bill amends the Audiology and Speech-Language Pathology Act, 1991  to modify the scope of practice of audiology and speech-language pathology. The Bill expands the acts that may be performed by a member of the College of Audiologists and Speech-Language Pathologist in the course of engaging in the practice of audiology or speech-language pathology.

Introduced by Sam Oosterhoff (MPP – Niagara West-Glanbrook), Opposition, the Bill was carried on First Reading on March 29, 2018.

More  information: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5865

 

Proposed Regulations

  1. Consultations – Potential Regulations for Rowan’s Law (Concussion Safety), 2018

Rowan’s Law (Concussion Safety), 2018 was passed on March 6, 2018. This new legislation will protect amateur athletes by improving concussion safety on the field and at school. It establishes mandatory requirements for annual review of concussion awareness resources that athletes, coaches, educators and parents are required to review before registering in a sport; removal from sport and return to sport protocol to ensure athletes are immediately removed from sport if they are suspected of having sustained concussion; and a concussion code of conduct that would set out rules of behaviour to minimize concussions while playing sports.

The Act is not into effect yet, except for Rowan’s Law Day, which will take place on September 28, 2018.

The government is interested in seeking input from multiple sector partners and the general public through consultation to develop the regulations to support the legislation. Once the feedback is received, the Government will draft regulations which will be posted for additional input.

Comments Due: May 7, 2018

More Information: http://www.ontariocanada.com/registry/view.do?postingId=27186&language=en

 

MOHLTC News Room

Ontario creating more long-term care beds for families in the Niagara Region

2018 Budget Boosts Access to Health Care for Peterborough Families

Better, Faster Access to Health Care Coming to the Brockville Area

2018 Budget Boosts Access to Health Care for Scarborough Families

 

Articles of Interest

Privacy

The high cost of accessing public records is a barrier to democracy, experts say

Companies will now have to tell Canadian consumers when their privacy is breached – and do it quickly

Facebook users taking closer look at privacy settings after data news

Health Care

Ontario doctors say ‘government mismanagement’ to blame for broken health-care system

Kicked, bit and hit, Ontario nurses want people to know about the violence they face

Confused and very alone: Concussion survivor calls for change to N.W.T healthcare

BC cracks down on doctors’ illegal billing with stiff penalties

Professional Misconduct

‘I will never be back to normal.’ Ontario doctor’s license suspended after more than 30 patients filed complaints

Newboro doctor with ‘special interest in pain management’ suspended for misconduct

What’s happening in our city this weekend:

Things to do in Toronto

DDO Health Law Update

March 29, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

Bill PR79 – Kingston Health Sciences Centre Act, 2018

 

Introduced by Sophie Kiwala, MPP (Kingston and the Islands), Government, the Private Bill was referred to the Standing Committee on Regulations and Private Bills on March 27, 2018.

 

On March 31, 2017, Kingston General Hospital (“KGH”) and Religious Hospitallers of Saint Joseph of Hotel Dieu of Kingston (“Hotel Dieu Hospital”) voluntarily integrated to become Kingston Health Sciences Centre (“KHSC”). KHSC has applied for special legislation to provide that all gifts, trusts, bequest, devices and grants of property to KGH or Hotel Dieu Hospital, or to the University Hospitals Kingston Foundation for the benefit of either of them, shall be used for KHSC for the purposes for which they would have been used had the two hospital not integrated.

 

If passed, this Bill would grant the application.

 

For more information: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5655

 

Previously Report Bills

 

No updates to previously reported bills.

 

Approved Regulations

 

REG. 4/01: Approved Acts of Executors and Trustees

 

O.REG. 4/01 of the Charities Account Act will be amended on April 1, 2018 to allows directors of charities and “persons connected to a director” to receive payment for goods, services or facilities rendered under certain circumstances. This is a departure from existing charitable common law that prohibits directors of charities from receiving financial benefit, unless permitted by a court order.

 

The amended regulation sets out what a charity has to do in order to make a payment to a director or “person connected to a director”:

  • what payments or remunerations to directors do not apply;
  • how payments are to be made; and
  • what boards must consider before authorizing payment.

 

For more information: https://www.ontario.ca/laws/regulation/010004

 

Proposed Regulations

 

No new proposed regulations

 

News Room

Delivering a Plan for Care and Opportunity – Ontario continuing to invest in health care, child care and mental health

Major new investment will transform health care in Ottawa

Stronger hospitals, better care for York region

Ontario expands world-class cardiac care in Ottawa

 

Articles of Interest

 

Marijuana

Barry Sherman was helping to develop pot pill for medical marijuana users

 

Opioid Addiction

My Broken Heart: To the outside world, I was a happy Toronto mom. Privately, I was fighting a serious heroin addiction. I recovered, but my heart didn’t.

 

Privacy

Privacy controls must be placed back into the hands of the individual

Federal privacy commissioner launches investigation into Loblaw gift card policy

 

Professional Misconduct

Only Ontario doctor disciplined for over-prescribing opioids calls investigation a witch hunt

 

Health Care

Doctors have no idea how much drugs cost – a Toronto physician wants to change that

Liberals put health money into hospitals, focus on seniors

The hospital CEO who created the continent’s ‘first digital hospital’ is now behind Doug Ford’s health policy

 

Self-care

Where fat goes when you lose weight

One-month sugar detox: A nutritionist explains how and why

Your guide to surviving allergy season

 

What’s happening in our city this weekend:

Things to do this weekend in Toronto

 

 

DDO Health Law Update

March 23, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

Bill 14 – Personal Information Protection Act, 2018

Introduced by Harinder S. Takhar, MPP (Mississauga – Erindale), Government, the Bill was referred to the Standing Committee on Justice Policy on March 22, 2018.

This Bill enacts the Personal Information Protection Act, 2018 (“PIPA”):

  • The Act would apply to every “organization”, which is defined as including persons, unincorporated associations, a trade union, a trust or a not-for-profit organization, but does not include individuals, public bodies and Ontario courts.
  • The Act also does not apply to Personal Information that is already subject to certain information protection statutes such as:
    • Freedom of Information and Protection of Privacy Act;
    • Municipal Freedom of Information and Protection of Privacy Act;
    • Personal Information Protection and Electronic Act;  and
    • Personal Health Information Protection Act, 2004.
  • Personal Information” means information about an identifiable person and includes employee personal information, but does not include contact information or work product information.

 

This Bill sets out general rules for the protection of Personal Information by organizations such as consent, collection, use, disclosure, access to, and correction of Personal Information. The Information and Privacy Commissioner would be responsible for monitoring the Act and ensuring that its purposes are achieved.

More Information: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5817

 

Bill 18 – Careers in Medicine Advisory Committee Act, 2018

Introduced by Gil Martow (MPP, Thornhill), Opposition, the Bill was carried on First Reading on March 22, 2018.

This Bill enacts the Career in Medicine Advisory Committee Act, 2018 requiring the MOHLTC to establish an advisory committee to consult with organizations and persons to develop recommendations for ensuring graduates of Ontario medical schools are matched with residency programs, and to develop a Canadian-wide strategy to do so.

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5821

 

Proposed Regulations

 

No new proposed regulations

 

News Room

Ontario making historic investment in mental health care

Stronger Hospitals, Better Care

Dr. Kevin Smith appointed President & Chief Executive Officer of UHN

 

Articles of Interest

 

Marijuana

Health Canada proposes strict limits on marijuana packaging, production

Treat marijuana like any other farm crop, group tells city

Sorry, you might not be allowed to smoke pot in your condo

Plain packaging proposed for legal marijuana

 

Privacy

Patient details in the recycling? Hospitals should cut down on paper to protect privacy: study

Delete Facebook? Social media users weigh options amid data scandal

 

MAID

What happens when a patient says, ‘Doc, help me die’

Toronto group hopes to open home for patients seeking assisted death

Nurse practitioners not always compensated for providing MAID

 

Health Care

Wynne’s throne speech promises new spending on health care, home care and child care in Ontario

Health care experts hopes for long-term reform, ‘shift in philosophy’ for Ontario’s system

This Sudbury start-up will make medical house calls

Quebec town bans smoking on sidewalks and streets

CBC Toronto Interview with Health Minister Helena Jaczek

 

Mental Health

Ontario government pledges $2.1 billion to rebuild mental health system

 

Indigenous Mental Health

International experts talk Indigenous mental health approaches at Toronto symposium

 

Pharmacare

Ontario government expands Pharmacare program to seniors

 

Self-care

When is the First Day of Spring 2018? 4 Things to know about the Equinox

10 affordable ways to make spring break all about self-care

 

What’s happening in our city this weekend:

Best Toronto Restaurants 2018

Things to do in Toronto

 

 

DDO Health Law Update

March 16, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

 

Bills

The 2nd Session of the 41st Parliament of Ontario was prorogued on March 15, 2018.

 

Proposed Regulations

 

No new proposed regulations

 

MOHLTC News Room

One stop health care access for children in eastern Ontario

Ontario opening six long-term care beds in Barry’s-Bay

Ontario opening 19 new long-term care beds in Midland

Ontario opening 4 new long-term care beds in Sault Ste. Marie

Ontario opening 20 new long-term care beds in Huntsville

Ontario opening 12 new long-term care beds in North-Bay

 

Articles of Interest

 

Marijuana

Province’s marijuana monopoly will be known as the ‘Ontario Cannabis Store’

Ontario promises to give municipalities $40M for marijuana enforcement

Doug Ford wants free market for cannabis in Ontario

 

MAID

‘The solution is assisted life’: Offered death, terminally ill Ont. man files lawsuit

Formal network of docs offering medical assistance in dying is in the works for northeastern Ontario

 

Health Care

Ontario falling behind on health care spending: fiscal watchdog

Protestors call on Liberal government to save Cardiac Fitness Institute

 

Organ Transplant

University Health Network is continent’s top organ transplant program

 

Pharmaceuticals

Costco under investigation by Ontario forensic team over drug company payments

 

Professional Misconduct

Psychiatrist who treated patients for their homosexuality had sex with male patients in his office

 

DDO Health Law Update

March 9, 2018: 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 Bills

 

Bill Status
Bill 194 – Fairness in Procurement Act, 2018
Bill 193 – Rowan’s Law (Concussion Safety), 2018
Royal Assent received on March 8, 2018

Royal Assent received on March 7, 2018

 

 

Proposed Regulation

Proposed Regulations under the Proposed Fairness in Procurement Act, 2018 (Bill 194)

Bill 194 permits the Lieutenant-Governor in Council to make regulations governing procurement practices of Ontario government and/or broader public sector entities. The government  intends to bring forward two new proposed regulations to respond to the Buy American legislation enacted by the states of New York and Texas and to impose certain measures on government entities entering into procurement contracts with suppliers from the state of New York and the state of Texas.

Comment Due: March 9, 2018

For more information: Click here

 

MOHLTC News Room

Ontario moving quickly to expand life-saving overdoes prevention programs

 

Articles of Interest

 

Marijuana

Ban pot smoking in condos, apartments, on balconies: OPH

 

Opioid Crisis

Health Quality Ontario: New standards help both health care professionals and patients manage opioid use

 

Health Care

Canadian injured in New York hospital shooting files lawsuit against hospital gun shop

Special Report: Health system neglects northern patients by design: Doctor

 

Professional Misconduct

Golnaz Vakili: Lawyer in hiding accused in stealing millions swear she’s innocent

Fertility clinic doctor in London, Ont. banned from practice for two years

 

Law Society of Ontario

Law Society of Ontario Appoints Diana Miles as CEO

 

International Women’s Day

Thousands mark International Women’s Day across the globe with marches and rallies

How the world celebrated International Women’s Day

10 Powerful Quotes from Female Leaders on International Women’s Day

 

Self-care

Every new title coming to Netflix Canada in March

 

What’s happening in our city this weekend:

Things to do this weekend