Health Law Update

Bills

No new bills of interest.

Proposed Regulations

  1. College of Dental Hygienists of Ontario (CDHO) and College of Optometrists of Ontario (COO) Spousal Exception Regulations

The CDHO and COO are proposing regulations to permit their members to treat their spouses.

More informationhttps://www.ontariocanada.com/registry/view.do?postingId=32928&language=en

Open for Comments: June 12, 2020 – July 27, 2020

  1. College of Medical Radiation and Imaging Technologists of Ontario (CMRITO)

The CMRITO is proposing amendments to Ontario Regulation 866/93 (Registration) made under the Medical Radiation and Imaging Technology Act, 2017

More informationhttps://www.ontariocanada.com/registry/view.do?postingId=32847&language=en

Open for Comments:  June 12, 2020 –  July 27, 2020

  1. Proposed Regulatory Amendments to Ontario Regulation 203/94 (General) made under the Chiropody Act, 1991

The College of Chiropodists of Ontario (College) is proposing regulatory amendments to enable a flexible approach to prescribing drugs by replacing its current list of drugs with categories of drugs from which chiropodists and podiatrists can prescribe within their scope of practice. The College is also proposing to expand the list of controlled drugs and substances that members may prescribe and the list of substances that members may administer by injection into the foot.

More informationhttps://www.ontariocanada.com/registry/view.do?postingId=32898&language=en

Open for Comments:  June 12, 2020 –  July 27, 2020

  1. Proposed Regulatory Amendments to Ontario Regulation 202/94 (General) made under the Pharmacy Act, 1991

The Ontario College of Pharmacists is proposing regulatory amendments to allow pharmacists to: 1. Administer the influenza vaccine to children as young as 2 years old; 2. Renew prescriptions in quantities of up to a year’s supply; and 3. Administer certain substances by injection and/or inhalation for purposes that are in addition to patient education and demonstration.

More Information: https://www.ontariocanada.com/registry/view.do?postingId=32867&language=en

Open for Comments:  June 12, 2020 –  July 27, 2020

  1. Proposed Regulatory Amendments to Ontario Regulation 112/11 Designated Drugs and Standards of Practice made under the Optometry Act, 1991

The College of Optometrists of Ontario (College) is proposing regulatory amendments to its drug regulation by replacing its current list of drugs with categories of drugs from which optometrists may prescribe within the optometric scope of practice.

More Informationhttps://www.ontariocanada.com/registry/view.do?postingId=32927&language=en

Open for Comments: June 12, 2020 –  July 27, 2020

  1. Proposed Regulatory Amendments to Ontario Regulation 884/93 (Designated Drugs) made under the Midwifery Act, 1991

The College of Midwives of Ontario (College) is proposing regulatory amendments to enable a flexible approach to prescribing drugs by replacing its current list of drugs with categories of drugs from which midwives can prescribe. The College is also proposing to specify categories of controlled drugs and substances that midwives may prescribe, categories of drugs that midwives may administer by suppository, and categories of substances that midwives may administer by injection or inhalation.

More Information: https://www.ontariocanada.com/registry/view.do?postingId=32887&language=en

Open for Comments: June 12, 2020 –  July 27, 2020

  1. Regulation 569 (Reports) under the Health Protection and Promotion Act, R.S.O. 1990, c. H.7.

The Ministry of Health is now proposing amendments to Paragraph 11 of Section 5 of the Reports Regulation that would require the collection of information on race, income level, language, and household size for individuals who test positive for a novel coronavirus, including COVID-19.

The collection of data on race, income, language, and household size in a province-wide, standardized manner, for cases of COVID-19, is important to:

• Ensure a more complete picture of data collection related to COVID-19;

• Reduce inconsistencies in data collection efforts to date; and

• Inform effective public health practices and interventions in response to COVID-19.

More Informationhttps://www.ontariocanada.com/registry/view.do?postingId=32967&language=en

Comments Due Date: June 21, 2020

  1. Proposed regulations to support proclamation of the Not-for-Profit Corporations Act, 2010

Proposed regulations to support proclamation of the Not-for-Profit Corporations Act, 2010 (ONCA), including: 1. General Regulation related to technical matters; and 2. Corporations Sole Regulation to prescribe provisions that apply to corporations sole (i.e. a corporation constituted in a single person who, in right of some office or function, has corporate status).

More Informationhttps://www.ontariocanada.com/registry/view.do?postingId=32747&language=en

Comments Due Date: June 22, 2020

Government news

Ontario Prepares for the Safe Reopening of Schools

Ontario Moves Forward with Infrastructure Projects that Improve Communities and Create Jobs

Ontario Makes Major Investment in Mental Health and Technology to Support Students

Ontario Marks Three Months Since Declaration of Emergency

Ontario Extends Emergency Orders

Ontario Expanding Data Collection to Help Stop Spread of COVID-19

More People Can Get Back to Work as Additional Businesses and Services to Reopen This Week

Articles of Interest

COVID-19

Canada tops 100000 reported coronavirus cases

Mandatory masks a ‘small and hopefully temporary’ measure people can handle, health official says

‘A very powerful moment in our history’: Southern First Nations take greater control over health care

Should wearing a mask in public be mandatory?

‘A public relations campaign’: Some provinces at odds with Trudeau government over COVID-19 infrastructure plans

Insurers May Only Pay For Coronavirus Tests When They’re ‘Medically Necessary’

Occupational health nurses to become new front line as Ontario reopens, advocate says

Privacy and AI

PM says a national contact tracing app is coming next month, how will it work?

Ford says new COVID-19 contact tracing app has ‘100 per cent privacy’

Big Tech Zeros In on the Virus-Testing Market

Virtual Reality Helps Medics Beat Coronavirus

Creating Planet Data To Fight Covid-19 And Future Healthcare Emergencies

How Technology Is Helping Increase Diversity In Clinical Trials

Black Lives Matter

Black Lives Matter network to spend $12M US to fight institutionalized racism

Things to Do this Weekend

3 Inexpensive Father’s Day Gift Ideas For The Coronavirus Era

Health Law Update

Government news

Ontario Extends Declaration of Emergency until June 30

Ontario Appoints Special Advisor to Develop Health Data Platform

New Management Appointed at Kitchener Long-Term Care Home

Ontario Extending Infectious Disease Emergency Leave for Workers during COVID-19

Articles of Interest

COVID-19

New Brunswick doctor’s story calls attention to COVID-related racism

Ontario’s COVID-19 lockdown is now harming health more than it’s helping, some experts say

Pandemic exposing cracks in home-care system, family says

Unanswered phone calls and faxes cause delays in giving people COVID-19 results

Tam warns of ‘explosive’ second COVID-19 wave if reopening mishandled

For the Deaf, Social Distancing Can Mean Social Isolation

Phase III Vaccine Trials, Testing On Thousands, Could Start In July

Planned surgeries, procedures ‘slowly resuming’ at London, Ont., hospitals

Philpott appointed as special advisor to Ontario government, will help develop new health data platform

Black Lives Matter

Protest, but protest safely, Sudbury health unit says

Premier Doug Ford acknowledges systemic racism in Ontario, backtracks on earlier comments

Canadian marches, vigils taking place to honour black lives lost at hands of police

Privacy & AI

Robot to safely swab for coronavirus developed by scientists in Denmark

From coronavirus to cyber security: The wisdoms of dealing with pandemics

Groups say Ontario emergency orders to fight coronavirus pandemic violate privacy

Health Law Update

Bills

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.

More Informationhttps://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-190

Regulations

  1. 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.

More Informationhttps://www.ontariocanada.com/registry/view.do?postingId=32590&language=en

Deadline for Comments: July 22, 2020

  1. 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

More Informationhttps://www.ontariocanada.com/registry/view.do?postingId=32687&language=en

Comments Due Date: July 10, 2020

Government news

Ontario Opens Up COVID-19 Testing Across the Province

Ontario Takes Further Action to Protect Seniors and Staff in Long-Term Care Homes during COVID-19 Outbreak

Ontario Taking Action at High Risk Long-Term Care Homes

Ontario Extending Emergency Orders During COVID-19 Outbreak

Ontario Takes Immediate Action to Investigate Worst Hit Long-Term Care Homes

Volunteers and Small Businesses Step Up to Help Those in Need

New Chief Nursing Officer In Ministry Of Health

Ministry of Health to Hold Technical Briefing

Articles of Interest

COVID-19

Youth mental health deteriorating under pandemic stresses, new CAMH study reveals

NDP health critic calls to reopen Ontario regionally

Health care workers left without pandemic pay say they’re the forgotten front line

Ford says he’s done ‘taking bullets’ for union members who wouldn’t inspect care homes

Employers need to get serious about preventing workplace injuries in the home during pandemic, expert says

Cancer patients sickened by COVID-19 have higher mortality rate: study

Pharma chiefs say coronavirus vaccine could be ready this year, but challenges ‘daunting’

More Canadians are dying of overdoses during virus crisis

Coronavirus public health restrictions shouldn’t mean dying alone

Indigenous communities come together virtually during coronavirus despite barriers and inequities

Coronavirus: Ontario’s regulated health professionals can reopen if approved by governing bodies

Long-Term Care Homes

Liberal MPs call for national standards for long-term-care homes

Ottawa needs to address long-term care crisis via funding, national standards: doctors

Privacy & AI

As Toronto COVID-19 hotspot maps show an unequal toll, Ontario has yet to start collecting income and race data

Ontario needs to be more transparent with COVID-19 data, critics say

‘Hack-For-Hire’ Attacks Increase As Covid-19 Spreads

We Have To Learn The Lessons Of The Pandemic And Take Healthcare Into The Digital Age

Things to do this Weekend

Just some of the virtual events TL Insiders can look forward to in June

10 Toronto stores that will deliver ice cream and gelato right to your door

What beers Toronto brewers are drinking in isolation—and how you can have them delivered

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

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

Health Law Update

Government news

Ontario Further Eases Restrictions on Retail Stores and Essential Construction During COVID-19

Ontario Supports Job Creators as People Start Returning to Work

Ontario Releases Plan to Resume Scheduled Surgeries and Procedures

Ontario Extends Electricity Rate Relief During COVID-19

Ontario Expands Virtual Mental Health Services During COVID-19

Ontario Investing in Innovative Ways to Modernize the Justice System

Articles of Interest

COVID-19

Anyone waiting for surgery or other hospital procedures delayed by COVID-19 is urged to be patient

PPE shortage a growing concern among dental professionals

Coronavirus: Here’s how provinces plan to emerge from COVID-19 lockdown

Ontario rejects regional phase-outs of COVID-19 restrictions

Coronavirus: Ontario Tech prof launches mental health studies during pandemic

MAID

CPSO’s revised end-of-life policy is ethically problematic (opinion)

Long-Term Care Homes

Forty-eight residents at Ontario long-term care home die following COVID-19 outbreak

Why some nursing homes won’t let families install ‘granny cams’ to check on their loved ones

Surveillance testing completed in 15 of Ottawa’s 28 long-term care homes

Woman fears for brother’s life as virus ravages Ottawa nursing home

Health-care workers’ union says Ontario wants to change N95 directive in long-term care

Privacy & AI

Zoom buys security firm Keybase

What is contact tracing? Here’s what you need to know about how it could affect your privacy

Provinces eye technology-enhanced contact tracing in next phase of COVID-19 fight

Google data suggests Canadians following COVID-19 rules, but experts wary over privacy

Balancing Public Health And Data Privacy: Where Does COVID-19 Meet Cybersecurity?

AI-centric health companies landed crucial funding in early 2020

Things to do this Weekend

Toronto restaurants and food shops doing Mother’s Day brunch, bagel buffets, cheese boards and more, for pickup or delivery

Every new title coming to Netflix Canada in May

Eight fantastic florists offering pick-up or delivery in time for Mother’s Day

Podcasts to listen to during coronavirus lockdown