DDO Health Law Update

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




  1. Bill 194, Fairness in Procurement Act, 2018

Introduced by Hon. Eleanor McMahon, President of the Treasury Board, the Bill was carried on First Reading on February 20, 2018.

This Act provides that if, in the Minister’s opinion, certain measures have been imposed by purchasers from an American jurisdiction, the Lieutenant Governor in Council may designate the American jurisdiction as an “offending American jurisdiction”, which means the government of the American jurisdiction has enacted legislation or provided direction to entities under its authority to apply requirements, restrictions, policies, sanctions or other measures that may inhibit or prevent Ontario suppliers from participating or succeeding in procurement processes initiated by purchasers from the offending American Jurisdiction.

The Act provides that participation of suppliers from offending American jurisdictions in procurement processes initiated by Government entities or broader public sector entities is subject to certain measures, and that each aspect of this requirement is subject to further details and rules that are set out in the regulations.

The Act permits regulations to be made establishing processes by which exemptions may be obtained, and the consequences of contravention of the Act or regulations are also specified.


For more information: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5595


Proposed Regulations


  1. Health Sector Payment Transparency Act, 2017 (“HSPTA”)

Once proclaimed into force, the HSPTA will require the medical industry to report annually to the MOHLTC of all transfers of value (“TOV”) provided to certain categories of individuals and organizations involved in the health care sector. The MOHLTC is proposing regulations that are necessary to support the implementation of the reporting scheme established under the Act:

  • Specify categories of “recipients” when they receive a TOV either directly or indirectly from the payors listed in the Act
  • Specify what constitutes a “TOV” and “intermediary”
  • Add community pharmacies and laboratories to the list of payors
  • Establish exemptions to the reporting requirements
  • Set the value threshold for reporting
  • Establish info, manner and frequency of reporting
  • Outline the process for requesting corrections of posted info

Comments Deadline:  April 6, 2018

For more information: Health Sector Payment Transparency Act, 2017 – New Regulation


  1. School Health Professionals Act

In the 2018-19 fiscal year, contracts administered by the LHINs with service providers for physiotherapy services (“PT”), occupational therapy (“OT”) and speech language pathology (“SLP”) services in publicly funded schools will transition from LHINs to Children’s Treatment Centre funded by the Ministry of Children and Youth Services (“MCYS”). The proposed amendments would remove PT, OT, and SLP services from the definition of “school health professional services” in section 5 of the Regulation, but only in relation to the provision of these services by LHINs in publicly funded schools.

Comments Deadline: March 19, 2018

For more information: School Health Professional Services


  1. Ontario Infrastructure and Lands Corporation Act, 2011 (“OILCA”)

The Ministry of Infrastructure is proposing a regulatory amendment that would enable Ontario Infrastructure and Lands Corporation (“Infrastructure Ontario” or “IO”) to provide realty advice and services to entities in the broader public sector, such as entities that have some measure of governmental control provided through appointment of a board member or trustee, public entities that are regular transfer payment recipients and boards of health.


The proposed regulation would:

  • prescribe public sector organizations for whom Infrastructure Ontario could provide advice and services and for what purposes.
  • propose a new object under clause 10 of the OILCA (permits IO to engage in other related activities as Lieutenant Governor in Council may prescribe), to permit IO to provide advice and services to public entities that have some measure of government control, community health centres and certain transfer payment recipients, subject to written ministerial direction.
  • permit IO to assist the broader public sector in multiple points of engagement to support different organizations’ realty projects and planning services.

Comments Due: April 2, 2018

For more information: Proposed Amendment to O. Reg. 210/11 under the Ontario Infrastructure and Lands Corporation Act, 2011


MOHLTC News Room

Ontario seeking feedback on new rules for health sector payments


Articles of Interest



Ontario opens door to suppliers of all sizes in what will be Canada’s biggest marijuana market


Professional Misconduct

Regina doctor suspended for misconduct after making changes to medical record following patient’s death

Doctor who denied sex abuse by saying his belly was too big loses license


First Nations

B.C. Supreme Court order providing Indigenous mother daily access to newborn could set national precedent

Lancet series calls on Canada for concrete action on Indigenous, global health



Ottawa is ‘blurring’ lines on privacy as it looks for new ways to collect data: watchdog



A 23-year-old woman was temporarily paralyzed after doing a sit-up

Alcohol among biggest risk factors of early-onset dementia: Canadian study

How Our Beliefs Can Shape Our Waistlines



Purdue Pharma given free reign in Canada as it is sanctioned in the United States

Ontario law to require drug firms to reveal funds paid to doctors’ groups, patient advocates


What’s happening in our city this weekend:

Things to do this weekend

Bloor-Yorkville Ice Fest

What to know about the closing ceremony for the 2018 Winter Olympics: When, Where and How to Watch

2018 Winter Olympics officially Canada’s most successful Winter Games ever

DDO Health Law Update

February 16, 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. Regulation 456/16 – Local Health System Integration Act (“LHSIA”)
  • The Health Shared Services Ontario (“HSSOntario”) was established under the LHSIA to provide corporate services to LHINs and formerly CCACs in support of their expanded mandate. The MOHLTC is seeking to amend s. 3 of the Regulation 456/16 under the LHSIA, which would expand the range of entities to whom HSSOntario can provided shared services to from LHINs to also include “others”.
  • The proposed amendment would enable HSSOntario to provide shared services support to non-LHIN entities. By amending this regulation, the MOHLTC has determined that the regulation would not impose new administrative burdens or financial costs to businesses or the business sector.

Comments Due Date: March 12, 2018

For more Info: http://www.ontariocanada.com/registry/view.do?postingId=26826&language=en


  1. Regulation 79/10 – Long-Term Care Homes Act, 2007
  • The MOHLTC is proposing an amendment to the Regulation to allow LTC Rate Reduction Program applicants the following options as an alternative to submitting a Notice of Assessment document with their application form:
    • Provide a copy of Proof of Income Statement (Option –C Print); or
    • Electronically access resident income information from the CRA using an Automated Income Verification (AIV) system upon written authorization
  • The MOHLTC is proposing that the amendments, if approved, would come into effect on May 1, 2018

For more information: http://www.ontariocanada.com/registry/view.do?postingId=26706&language=en

Comments due: March 10, 2018


MOHLTC News Room

Ontario Taking Action on Indigenous Health Care

Ontario Investments in Indigenous Health and Wellness

Ontario Creating 128 New Long-Term Care Beds in Havelock

Ontario Planning New Hospital in Picton


Articles of Interest



Why the cannabis tax will only be one small part of the government windfall

Medical cannabis rules still hazy for Canadian convicts, judgment shows

No pot party for Canada’s landlords who want to limit drug’s use

Statistics Canada turning to sewage to determine pot consumption

Brownies and beer: How edible cannabis businesses plan to cash in on legalization


Professional Misconduct

Eye doctors accused of illegal charging patients for cataract surgery: health minister

‘He said, she said’: Sex and sensitivity raised in complaints about doctors



Residency backlogs could triple for medical school grads, report warns

Canada’s first Canadian-born Black doctor got his MD license in 1861


First Nations

Province aims to ‘hand back’ health-care decisions to First Nations within years



Research: A strong privacy policy can save your company millions


What’s happening in our city this weekend:

Things to do this Weekend


DDO Health Law Update

February 9, 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


Regulation 79/10 – Long-Term Care Homes Act, 2007


  • Regulation 79/10 would be amended to:
    • Increase maximum Boards of Management reserve for working funds
    • Expand a Boards of Management capacity to borrow for operating purposes
    • Authorize a Board of Management capacity to borrow for capital purposes
  • MOHLTC is proposing that if the amendments, if approved, would come into effect on April 1, 2018.


Comments Due: March 8, 2018

For more information: http://www.ontariocanada.com/registry/view.do?postingId=26686&language=en


Articles of Interest



Full implementation of legal cannabis could be delayed beyond July 1



We have assisted death. Now we need to get the facts about it.

Father Raymond J. de Souza: Apparently it’s OK to violate doctors’ charter rights


Professional Misconduct

Patient will be forced to testify against her will in Toronto doctor’s sex abuse case

Commentary: Doctor’s discipline case is example of doing the wrong thing for the right reason


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