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

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.