Health Law Update

Bills

No new bills of interest.

The House will resume on February 16, 2021.

Regulations

No new and approved regulations of interest.

Government News

Ontario Announces Provincewide Shutdown to Stop Spread of COVID-19 and Save Lives

Ontario Supports Management Agreement Between Markham Stouffville Hospital and Faith Manor Nursing Home

Safer at Home Programs Provide Relief to Ontario Families

Federal government funds Canadian Red Cross Supporting up to 20 Additional Long-Term Care and Retirement Homes

Articles of Interest

COVID-19

Canada extends ban on passenger flights from U.K. until Jan. 6

New COVID-19 variant not yet identified in Canada: Tam

Canada halts flights from U.K. in response to new coronavirus strain

Trucks moving in U.K. but gridlock caused by travel ban continues on Christmas Eve

These front-line health workers will spend Christmas fighting COVID-19

Ottawa launches $850,000 ad campaign advising Canadians to stay home during COVID-19

What’s known, unknown about the coronavirus variant in Britain

COVID-19 Vaccine

Health Canada approves Moderna COVID-19 vaccine

Moderna, Pfizer-BioNTech vaccines have been approved in Canada. Here’s what you need to know about them

Health

Paramedics took Yosif Al-Hasnawi to the wrong Hamilton hospital, physician tells trial

Health Canada warns against company selling unlicensed PPE online

When feeling lonely and unhappy veers into depression: challenges of these pandemic holidays

Indigenous Communities

First Nations housing must be a priority for all governments in 2021, says FSIN chief

‘You are not forgotten’: Outpouring of support for Neskantaga First Nation

Data, Privacy and AI

European Regulators Approve Sales of First Artificial Heart

10 Artificial Intelligence Predictions in 2021

International Developments

U.K. and EU reach post-Brexit trade agreement

Holiday Cheer

Santa flies in by bucket to see kids in Fredericton hospital

Holidays Events

Top Things to Do in Toronto for the Holidays

Updated Emergency Orders Chart

The updated Emergency Orders chart can be found here:

https://ddohealthlaw.com/app/uploads/2020/12/ROA-and-related-Regs.INQDDO.Dec2220.docx

Effective December 26th, 2020, all Ontario regions are moved into Stage 1 (Grey Zone/Lockdown). Below is a non-exhaustive list of rules that apply during lockdown:

  • Grocery stores and pharmacies are allowed to open at 50% capacity for in-person shopping
  • Liquor stores allowed to open at 25% capacity for in-person shopping
  • Most retail stores may only open for curb-side pickup and delivery
  • Certain retail stores i.e. safety supply stores, stores selling medical/assistive/mobility devices and aids, and optical stores, may remain open in-person by appointment only
  • All restaurants and bars may only open for pickup, delivery and drive-through
  • Essential businesses such as auto repair shops, vet clinics, snow clearing and landscaping, domestic services support children, seniors and vulnerable persons, shelters, are allowed to remain open
  • Schools are only permitted virtual learning (no in-person teaching or instruction)
    • Jan 11: grades K-8 and schools in certain regions such as Algoma, North Bay, Sudbury, are allowed to return to in-person teaching
    • Jan 25: all schools allowed to return to in-person teaching

Disclaimer: This chart is provided for information purposes only and is not legal advice.  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.ola.org for the full text of proposed legislation. This chart is current only to the date and time indicated.

Health Law Update

Bills

No new bills of interest.

Regulations

1. Proposal to Modernize Regulatory Requirements for Part VII – Notices under the Occupational Health and Safety Act.

All workplaces covered by the OHSA are required to provide notice and reports to the MLTSD and/or other specified workplace parties (such as the Joint Health and Safety Committee) of any fatalities, critical injuries, occupational illnesses and other prescribed incidents or occurrences at the workplace (Part VII – Notices: Sections 51 to 53.1, OHSA).

Comment Due Date: February 12, 2021

More Information: https://www.ontariocanada.com/registry/view.do?postingId=35627&language=en

Government News

Ontario Taking Further Action to Limit Spread of COVID-19

Ontario Supports Management Agreement Between Cambridge Memorial Hospital and Cambridge Country Manor

Ontario Expands COVID-19 Vaccine Locations

Ontario Increasing Mental Health and Addictions Services

Ontario Supports Management Agreement Between Hamilton Health Sciences and Grace Villa Nursing Home

Scarborough Health Network and Craiglee Nursing Home enter into Management Agreement

Ontario Orders New Management at Etobicoke Long-Term Care Home

Ontario Updates Testing Guidelines for Outbound International Travellers

Articles of Interest

COVID-19

Ford government mulling COVID-19 lockdown in southern Ontario starting Boxing Day, sources say

COVID-19 protesters fail to place Burlington mayor under ‘citizen arrest’

Hamilton moving into COVID-19 lockdown Monday

Ontario tells hospitals to activate emergency plans as number of COVID-19 patients spikes

Ontario retirement homes push for mandatory COVID-19 testing for caregivers, support workers

COVID-19 Vaccine

Trudeau offers sombre Christmas message but says 500,000 vaccine doses are coming early in the new year

Mike Pence Gets Covid-19 Vaccine Amid National Immunization Campaign

Canada began administering COVID-19 vaccine shots this week

If Canada has excess COVID-19 vaccines they ‘absolutely’ will be shared: PM

All Canadians who want a shot will be vaccinated by September 2021, public health agency says

U.S. expert panel endorses Moderna COVID-19 vaccine, paving way for emergency use approval

Healthcare

Health Canada aims to cut nicotine limit for vaping products

What you need to know about the allergic reactions to the Pfizer-BioNTech vaccine reported in Alaska

Court grants third extension for assisted dying legislation

In landmark decision, U.K. coroner rules air pollution contributed to nine-year-old girl’s death

Indigenous Communities

5 years after report, Truth and Reconciliation commissioners say progress is ‘moving too slow’

Data, Privacy and AI

Executive guide: What is machine learning? Everything you need to know

A quarter of Canadian businesses are unaware of third party code running on their websites

US Politics

Electoral college confirms Joe Biden’s victory in 2020 presidential election

Things to Do this Weekend

Things to do in Toronto this Weekend

Health Law Update

Bills

  1. Bill 237, Fostering Privacy Fairness Act, 2020

This Bill was introduced by Robert Bailey (Sarnia-Lambton), Government. It was carried on first reading on December 3, 2020.

Highlights: This Bill would amend the Child Youth and Family Services Act, 2017 to provide that

·        No reports that are required to be provided by service providers and lead agencies will contain personal information about an individual who received services under the Act age 21 or older

·        After an individual turns 21, such information must be removed from the possession of the Ministry, service providers, lead agencies and Child Protection Information Network and stored according to regulations

  1. Bill 236, Supporting Local Restaurants Act, 2020

This Bill was introduced by the Hon. Prabmeet Singh Sarkaria, Associate Minister of Small Business and Red Tape Reduction (Brampton South), Government. It was introduced on November 26, 2020 and received Royal Assent on December 2, 2020.

Highlights: This Bill enacts the Supporting Local Restaurants Act, 2020, the provisions of which include

·        Limits food delivery fees charged to restaurants

·        Food delivery services prohibited from reducing compensation/salary paid to employees or contractors as a result of this Act

·        Complaints can be made to the Ministry regarding contraventions of the Act

·        Offences and penalties set out under the Act

Regulations

  1. General Regulation under the Supporting Local Restaurants Act, 2020

This regulation provides clarification on the prescribed elements indicated in the Supporting Local Restaurants Act, 2020 (the “Act”). It defines Food Delivery Service Provider and prescribes a fee cap.

Comment Due Date: December 6, 2020

More Information: https://www.ontariocanada.com/registry/view.do?postingId=35347&language=en

  1. Consumer Protection Act, 2002 Review Consultation Paper

The Ontario government is considering how to improve the Consumer Protection Act (CPA). This consultation paper explains proposals for a new CPA. Responses to consultation questions and additional comments are welcomed.

Comment Due Date: February 1, 2021

More Information: https://www.ontariocanada.com/registry/view.do?postingId=35347&language=en

Government News

Ontario Supports Management Agreements at Two Long-Term Care Homes

Ontario Launches Virtual Business Mission to India

Ontario Providing Additional Financial Support for Young Learners

Ontario Supports Local Manufacturers Producing Masks for Adults and Children

Ontario Collaborates with Industry Experts to Plan the COVID-19 Vaccine Rollout

Ontario Supports Steel Pipe Manufacturer in the North

Ontario Expanding Innovative Home and Community Care Services

Ontario Selects Organization to Create Francophone Business Network

Investing in Ontario’s Tourism Industry During COVID-19

Ontario Supports Management Agreement Between Southlake Regional Health Centre and King City Lodge Nursing Home

Ontario Supports the Expansion of the Agri-Food Sector in the North

Ontario Supports Management Agreement Between Lakeridge Health and Sunnycrest Nursing Home

Ontario Appoints Members of the Ministers’ COVID-19 Vaccine Distribution Task Force

Ontario Supporting the Niagara Parks Commission During COVID-19

Ontario Adopts New Law to Protect Public Safety and Food Supply

Ontario Helping Employers Train and Hire More Apprentices

Ontario Moving Three Regions to New Levels in COVID-19 Response Framework

Articles of Interest

COVID-19

Nunavut family of 11 goes without hot water for duration of COVID-19 outbreak

1976 U.S. swine flu vaccination program may offer lessons for COVID-19 pandemic

CDC shortens quarantine recommendation for U.S., raising questions in Canada

Pandemic has created serious risks for migrant workers

COVID-19 Vaccine

Former Presidents Obama, Bush and Clinton volunteer to get coronavirus vaccine publicly to prove it’s safe

Seniors, long-term care workers should be first in line for COVID-19 vaccine, committee says

Why children in Canada won’t receive a coronavirus vaccine immediately

Cyberattacks target COVID-19 vaccine distribution effort

What transporting ice cream across Canada tells us about vaccine logistics

Healthcare

This London, Ont. teen wants a national, three-digit suicide help line and politicians are taking action

32 salmonella cases in 6 provinces tied to pet hedgehogs

Indigenous Communities

First Nations leaders call for probe into gender-based discrimination within AFN 

N.B. ‘working group’ not a substitute for inquiry into systemic racism, Tobique chief says

Data, Privacy and AI

AI system detects covid-19 in lungs faster than radiologists study finds

Things to Do this Weekend

Things to do in Toronto this Weekend

Updated Ontario Emergency Orders Chart

The updated Emergency Orders chart can be found here:

https://ddohealthlaw.com/app/uploads/2020/11/ROA-and-related-Regs.INQDDO.Nov1320.docx

Ontario has now placed the following regions into the “Red” zone: Toronto, Peel, York, Hamilton and Halton.  Under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) regulations, these regions now fall under Stage 2 of Reopening, and must abide by Stage 2 rules and restrictions, which include the following:

  • Indoor dining closed
  • Indoor fitness/gyms closed
  • General capacity limits on business/places for rent: 10 people indoors, 25 people outdoors
  • Fitness lessons must allow physical distance of at least 2 meters between participants, and adhere to capacity limits: 10 people indoors, 25 people outdoors

Health Law Update

Bills

1. Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020

This Bill was introduced by the Minister of Finance, Hon. Ron Phillips (Ajax), Government. It was carried on first reading on November 5, 2020.

Highlights: This Omnibus bill includes amendments to 44 Acts including:

  • Employers Health Tax Act: exemption amount used to determine taxable total Ontario remuneration is increased for the years 2020-2028; introduced inflation adjustment formula to apply 2029 onwards
  • Insurance Act: gives Chief Executive Officer the authority to make certain exemption orders; gives Lieutenant Governor in Council regulation-making authority with respect to those exemption orders; imposes some limits on certain funds associated with or part of life insurance contracts; implements some new notice requirements
  • Limitations Act, 2002: amends certain limitation periods to follow those set out in the Not-for-Profit Corporations Act, 2010

2. Bill 227, Public Health Accountability Act (In Honour of Dr. Sheela Basrur), 2020

This Bill was introduced by France Gélinas (Nickel Belt), Opposition. It was carried on first reading on November 4, 2020

Highlights:

  • Make the Ontario Chief Medical Officer of Health (CMOH) an independent officer of the legislature
  • In a public health emergency, create a select committee of the legislature to hear directly from the CMOH and allow the CMOH to answer questions

Regulations

1. Amendment of Regulation O. Reg. 204/94 under the Chiropractic Act, 1991, O. Reg 206/94 under the Denturism Act, 1991, and O. Reg 401/12 under the Kinesiology Act, 2007.

The College of Chiropractors of Ontario (CCO), the College of Denturists of Ontario (CDO) and the College of Kinesiologists of Ontario (COKO) are proposing regulation amendments under the Chiropractic Act, 1991, Denturism Act, 1991 and Kinesiology Act, 2007, respectively, to create a spousal exception to the sexual abuse provisions of the Regulated Health Professions Act, 1991 (RHPA). The proposals, if approved, would allow these Colleges to permit their members to treat their spouses.

Comment Due Date: December 17, 2020

More Information: https://www.ontariocanada.com/registry/view_posting.jsp;jsessionid=7OjEZ1vCd40ljJsVrNJaK_Y?language=en&postingId=34967

2. Amendment of Regulation O. Reg 390/19 under the Connecting Care Act, 2019

The Ministry is seeking to have CorHealth prescribed as an organization under subsection 40(2) of the CCA for the purposes of subsection 40(1) of that Act. Section 40 of the CCA provides the Minister of Health with the authority to make an order transferring all or part of the assets, liabilities, rights and obligations, and all or some of the employees of an organization listed in subsection 40(2) to Ontario Health. Under the CCA, the Minister may ask such an organization for information relating to its operations, employees, assets, liabilities, rights and obligations for the purpose of preparing for and determining the content of a potential order made under subsection 40(1) the CCA.

Comments Due Date: November 16, 2020

More Informationhttps://www.ontariocanada.com/registry/view_posting.jsp;jsessionid=7OjEZ1vCd40ljJsVrNJaK_Y?language=en&postingId=35007

Government News

Ontario’s Action Plan: Protect, Support, Recover

Ontario Investing $15.2 Billion to Protect People and Support Health Care During COVID-19

Ontario Committing $3 Million to 2022 Valour Games

Ontario Speeding up Process to File Criminal Charges

Inquest into the Death of Eulogio Gutierrez Announced

Ontario Selling Surplus Properties to Build Three New Long-Term Care Homes

Province Increasing Direct Care for Long-Term Care Residents to Four Hours per Day

Ontario’s COVID-19 budget comes with record spending and deficit, breaks for business

COVID-19

Ontario Releases COVID-19 Response Framework to Help Keep the Province Safe and Open

Ontario Releases Report on COVID-19 Emergency Measures

Ontario Supports Businesses, Workers and Families during COVID-19

Epidemiologists call Ontario’s new COVID-19 restrictions ‘gibberish’ and ‘scientifically illiterate’

Job market recovery from COVID-19 slows in October, with only 84,000 new jobs

Canada quietly updates COVID-19 guidelines on risk of airborne spread

Ontario cremation data suggests 1,800 more deaths than normal at peak of pandemic in April

Quebec should have done more, sooner in schools to stave off 2nd wave, experts say

Polypropylene is now recommended in masks. Should I be concerned? Your mask questions answered

Why Ontario hospitals are full to bursting, despite few COVID-19 patients

Former COVID Alert app developer talks privacy, misconceptions and transparency

Med student working to spread public health message in Punjabi

Healthcare

Halifax group hands out cannabis edibles to curb opioid use, but doctor has concerns

Indigenous crisis teams to replace police on mental health checks in Scarborough pilot project

Canada’s opioid crisis killed 13 people a day in 2018, prevention report shows

Data, Privacy and AI

Clearview AI to end facial-recognition services in Canada: privacy commissioner

What the public hopes and fears about the use of AI in health care

Would you sign up for a digital ID in Ontario? Here’s what you need to know