Health Law Update

Government news

Ontario Announces First Phase of Research Projects to Fight COVID-19

Ontario Makes it Easier to Conduct Business during COVID-19

Ontario Helps People Impacted by COVID-19 Get Back to Work

As Ontario Reopens, People Urged to Continue Following Public Health Advice

Health and Safety Top Priority as Schools Remain Closed

Ontario Extends Emergency Orders to Keep People Safe

Ontario Announces Independent Commission into Long-Term Care

Ontario Collaborates with Med-Tech Innovation Hub in the Fight Against COVID-19

Articles of Interest

COVID-19

Pandemic fatigue setting in on the front lines

Is there enough PPE for healthcare workers to be safe? Health critic says no

Experts concerned substance users might be avoiding care due to COVID-19 pandemic

Nurses recount ‘hell’ in Laval, Canada’s new COVID epicentre, and ask what they can withstand

Coronavirus: How parents can help their kids navigate uncertainty, manage mental health

Wise Words: Seniors share inspiration for maintaining mental health as pandemic wears on

5 ways to help stop the ‘infodemic,’ the increasing misinformation about coronavirus

Privacy & AI

Coronavirus contact tracers play the roles of detective, nurse, confidant

Canadian regulator orders Facebook not to mislead users on privacy controls

Northern Ontario health unit apologizes after COVID-19 patient privacy breach

Ford government willing to participate in nationwide contact tracing app

Ottawa looking to endorse 1 coronavirus contact tracing app for the whole nation

Ontario needs to speed up contact tracing since ‘every minute counts,’ physician warns

Making Money During The Pandemic: How COVID-19 Is Leading A New Wave Of Creativity

Things to do this Weekend

“We’re sanitizing everything like crazy”: How five Toronto store owners are reopening

Tickets For The Toronto Zoo’s Drive-Thru Experience Are Officially On Sale Today

35 clothing and retail stores now open in Toronto

What you need to know about masks: Toronto’s top doctor provides details

Emergency Orders – Update

The updated chart of Ontario emergency orders can be downloaded here.

EMCPA Orders and other Regs.INQDDO.May21.20

Stay safe.

Disclaimer: This chart is provided for information purposes only and is not legal advice.  Please note that the links provided to https://www.ontario.ca/laws/ will contain the text of the regulations in this document; however, the statutes accessible at that site might not reflect these regulatory amendments.  Please consult www.ontla.on.ca for the full text of proposed legislation. This chart is current only to the date and time indicated.

Health Law Update

Government news

Ontario announces additional workplaces that can reopen

Ontario Releases Plan to Resume Scheduled Surgeries and Procedure

Ontario Further Supports Victims of Gender-Based Violence and Human Trafficking during COVID-19

Protecting Ontario’s Children with COVID-19

Ontario Takes Steps to Better Protect Long-Term Care Residents and Staff During the COVID-19 Outbreak

Declaration of Emergency Extended While Ontario Gradually Reopens the Economy

Ontario Retail Stores Open for Curbside Pickup and Delivery

Ontario Making Prescription Drugs More Affordable During COVID-19

Articles of Interest

COVID-19

Ontario admits data glitch incorrectly reported lowest number of new COVID-19 cases in six weeks

Ontario can expect news on expanding social gathering rules next week

What you need to know about COVID-19 in Ottawa on Friday, May 15

Ontario’s top doctor not confident about reopening, after Ford says details of Stage 1 coming Thursday

What will Ontario’s 1st stage of reopening look like? Premier Ford unveils details

Increased foreign threat to COVID-19 research prompts extraordinary warning from Canada’s spy agencies

New Normal: Are virtual doctor’s appointments here to stay?

Virtual health care is ‘not the answer for everything,’ critics warn

Digital screenings, PPE and no waiting rooms — how COVID-19 is changing dentistry

Hard choices put health workers at risk of mental anguish, PTSD during coronavirus

COVID-19 online fraud trends: Industries, schemes and targets

Privacy & AI

Investigation into “Significant Privacy Breach” at Ontario Care Home

Ontario’s privacy commissioner looking into data breach at Pickering long-term care home

Airline temperature checks raise privacy concerns, experts say

Latest N.S. privacy breach reveals names, medical conditions, sexual abuse details

Right to Know Coalition disappointed by latest N.S. privacy breach

Second privacy breach complaint filed against Alberta Health Minister Tyler Shandro

TikTok app violating children’s privacy, privacy groups say

Privacy And Information Are The New Cloud Currency And Google Owns The Mint

COVID & Public Hospital AGMs: Update!

I wrote an earlier blog post pointing out that, despite some Ontario Government emergency orders offering flexibility in the holding of non-profit AGMs in Ontario, those orders do not apply to public hospitals. Public hospitals were still required to hold their AGMs between April 1 and July 31 per the regulations under the Public Hospitals Act.

See here: https://ddohealthlaw.com/how-to-hold-an-agm-during-covid-19-rules-for-public-hospitals/

Update!

A regulation was made on May 12th under the Public Hospitals Act and approved and filed on May 13th, allowing the Minister of Health to issue a direction requiring a hospital board to hold the AGM at another time, despite the AGM period dictated by the regulation. It is interesting that the regulation doesn’t offer flexibility to a hospital board – it seems to mandate that the AGM will be held when the Minister directs.

Please be on the lookout for a Ministerial direction about the timing of your upcoming AGM.

Thanks to Simmie Palter for bringing this to my attention so promptly!

Federal non-profits may apply to delay their AGMs

Federal non-profits incorporated under the Canada Not-for-profit Corporations Act must hold their annual general meeting (AGM) within 15 months of the previous AGM and no later than 6 months after the end of the previous fiscal year.

Given that there are physical distancing orders in place in various jurisdictions, including in Ontario where social gatherings of more than 5 people are currently prohibited, it may be difficult to hold a safe and legal AGM during the COVID-19 pandemic emergency.

Corporations Canada has issued guidance on how an AGM may be safely held during COVID – including reminding corporations of the rules around holding virtual (electronic) meetings and signing unanimous resolutions in lieu of holding a meeting.

There is also a new application form that federal non-profits may complete and submit to Corporations Canada requesting approval of a delay in the AGM. The form can be found here:

https://corporationscanada.ic.gc.ca/eic/site/cd-dgc.nsf/eng/cs06828.html

There is a deadline for submitting the application – at least 30 days before the AGM notice is required to be sent. Each application is evaluated on its merits on a case-by-case basis.

Please contact either Kathy O’Brien (kobrien@ddohealthlaw.com) or Michael Gleeson (mgleeson@ddohealthlaw.com) for more information.

Ontario Emergency Orders – updated to May 11, 2020

The updated emergency orders chart can be downloaded here:

EMCPA Orders and other Regs.INQDDO.May11.20

Disclaimer: This chart is provided for information purposes only and is not legal advice.  Please note that the links provided to https://www.ontario.ca/laws/ will contain the text of the regulations in this document; however, the statutes accessible at that site might not reflect these regulatory amendments.  Please consult www.ontla.on.ca for the full text of proposed legislation. This chart is current only to the date indicated.

Please note that this chart does not contain public health directives, federal orders, Ministry of Health or Ontario Health communications such as guidances, memos and updates.