Bill 190, COVID 19 Response and Reforms to Modernize Ontario Act, 2020
This Bill was introduced by Hon. Paul Calandra, Minister without Portfolio, on May 12, 2020 and it received Royal Assent on the same day.
Schedule 1 – Alternative Filing Methods for Business Act, 2020
- The Schedule enacts the Alternative Filing Methods for Business Act, 2020. The Act permits documents required or permitted to be filed by in-person delivery or mail under certain business statutes to instead be filed by alternative methods, and permits electronic signatures and electronic copies in respect of certain documents, to address public health and safety concerns in respect of an emergency declared under the Emergency Management and Civil Protection Act.
Schedule 2 – Business Corporations Act
- New Part XIX added to the Act to provide that certain provisions of the Act are temporarily suspended and that replacement provisions apply during the temporary suspension period. These provisions were set out in an order made under the Emergency Management and Civil Protection Act and filed as O. REG 107/20.
Schedule 3 – Business Names Act
- The Act is amended to permit electronic signatures on certain documents, to permit for copies of certain documents to be used in place of originals and to accommodate alternative methods of filing under the Alternative Filing Methods for Business Act, 2020
Schedule 7 – Corporations Act
- A new Part VIII is added to the act to provide that certain provisions of the Act are temporarily suspended and that replacement provisions apply during the temporary suspension period, which are set out in Schedule 2 of the Act. Those provisions were previously set out in an order made under subsection 7.1(2) of the Emergency Management and Civil Protection Act and filed as O. REG 107/20.
- Amendments retroactive to March 17, 2020.
- Digital Health Interoperability – Proposed Amendments to O. REG 329/04
The proposed regulations would the following amendments to O.REG 329/04:
- Establish that Ontario Health shall establish interoperability specifications that pertain to digital health assets, subject to direction and approval of the minister
- Establish that HICs must ensure that the digital health assets that they select, develop or use are compliant with applicable interoperability specifications
- Require Ontario Health to establish a certification process by which a list of digital health assets that are compliant with specifications may be published
- Require HICs to provide Ontario Health with reports upon request, and to cooperate and assist the Agency to support compliance monitoring
- Require Ontario Health to establish a compliance monitoring process.
- Establish that enforcement of the regulation would occur by means of complaint to the IPC supported by any reports or information collected in the process of compliance monitoring.
Deadline for Comments: July 22, 2020
- Amendment of O. Reg 329/04 to enable Proclamation of Part V.1 of PHIPA
Amendments to O. REG 329/04 includes:
- Clarifying the requirement of a HIC to notify the IPC of the existence of a circumstance set out in s. 6.3(1) of the Regulation shall be done at the first reasonable opportunity
- New Paragraph under s. 6.4(1) of the Regulation adding that PHI collected from the EHR without authority must be included in the annual report that HICs must provided to the Commissioner
New provisions to enable proclamation and implementation of Part V.1:
- Name Ontario Health as the prescribed organization under Part V.1 of PHIPA
- Establish prescribed data elements that may be used for unique identification of individuals for the purposes of collecting their information by means of the HER
- Clarify that HICs collecting from the EHR are required to notify the Commissioner under any circumstances where they would be required to notify the Commissioner if the collection were for a use or disclosure outlined in section 6.3 of the Regulation (on loss, theft, etc of information) and to do so at the earliest opportunity.
- Set a series of requirements for consent directives and for notices of override of consent directives for the purposes of ss. 55.7(6), 55.6(a0 and 55.7(7)(b).
- Exempt HICs that disclose information that was collected from the EHR from ss. 12(1) and 12(3) of the Act where a HIC that collected PHI is required to notify an individual under s. 55.5(7)(a) or to notify the Commissioner under s. 55.5(7)(b) of the Act
- Set out a variety of regulatory provisions for coroners accessing the EHR for the purposes of the Coroners Act
Comments Due Date: July 10, 2020
Articles of Interest
Long-Term Care Homes
Privacy & AI
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