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Divisional Court weighs in on business practices of regulated health professionals
On February 13, 2024, Ontario’s Divisional Court released its decision in Spirou v. College of Physiotherapists of Ontario (“Spirou”), with the Court confirming that the College of Physiotherapists of Ontario (the “College of Physiotherapists”) has jurisdiction to consider the actions […]
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Annual returns due date approaching for Ontario health service providers
Under the Corporations Information Act (Ontario), corporations are required to file an Annual Return with the Ministry of Government and Consumer Services (the “Ministry”) within six months of the corporation’s financial year end to update the public record. The Annual Return provides […]
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Annual returns due date approaching for Ontario health service providers
Under the Corporations Information Act (Ontario), corporations are required to file an Annual Return with the Ministry of Government and Consumer Services (the “Ministry”) within six (6) months of the corporation’s financial year-end to update the public record. The Annual […]
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Freedom of expression and the Jordan Peterson case: Divisional court upholds coaching requirement ordered by College of Psychologists
On August 23, 2023, Ontario’s Superior Court of Justice released its decision in Peterson v College of Psychologists of Ontario. Justice Schabas, writing for the panel, dismissed Dr. Jordan Peterson’s judicial review application of a decision by the College of […]
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ONCA Fast Facts: New Amendments to the Ontario Not-for-Profit Corporations Act
On June 8, 2023 Bill 91, Less Red Tape, Stronger Economy Act, 2023 (“Bill 91”) received Royal Assent. Bill 91 includes a series of amendments to the Ontario Not-for-Profit Corporations Act, 2010 (the “Act” or the “ONCA”) which will be […]
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Annual meeting essentials
The Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force on October 19, 2021. Not-for-profit corporations incorporated in Ontario will have a three year transition period to make changes to their governing documents to comply with the ONCA. On May […]
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Ontario government releases new health care plan
On February 2, 2023 the Ontario government released Your Health: A Plan for Connected and Convenient Care (the “Plan”). The Plan identifies a series of intended initiatives under three pillars: The Right Care in the Right Place, Fast Access to […]
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Ontario Health Teams: New guidelines released by Ministry of Health
On November 30, 2022 the Ministry of Health announced new guidance intended to support Ontario Health Teams (OHTs) on their path to maturity. New Ministry directions have been released in a guidance document called Ontario Health Teams – The Path […]
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Privacy Commissioners call on Health Industry to phase out use of traditional fax and unencrypted email in shift to digital healthcare
On September 21, 2022, the Office of the Privacy Commissioner of Canada released a Joint Resolution of the Federal, Provincial and Territorial Privacy Commissioners and Ombudspersons with Responsibility for Privacy Oversight entitled Securing Public Trust in Digital Healthcare (the “Joint […]
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Ontario’s Divisional Court supports the revocation of a physician’s privileges where the physician’s conduct undermined hospital policies and processes
On July 18, 2022, the Divisional Court dismissed the appeal of a physician (« Dr. K »)[1]. Dr. K’s appeal was from the Health Professions Appeal and Review Board (HPARB) decision, which confirmed the Windsor Regional Hospital (the “Hospital”) Board of Director’s […]
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ONCA Fast Facts: Member proposal rights
The Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force on October 19, 2021. Not-for-profit corporations incorporated in Ontario will have a three year transition period to make changes to their governing documents to comply with the ONCA. Our ONCA […]
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ONCA Fast Facts: Annual meeting essentials
The Ontario Not-for-Profit Corporations Act, 2010 (« ONCA ») came into force on October 19, 2021. Not-for-profit corporations incorporated in Ontario will have a three year transition period to make changes to their governing documents to comply with the ONCA. Our ONCA […]
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ONCA Fast Facts: Special resolutions
The Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force on October 19, 2021. Not-for-profit corporations incorporated in Ontario will have a three year transition period to make changes to their governing documents to comply with the ONCA. Our ONCA […]
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ONCA Fast Facts: Records and registers
In October 2021, Ontario’s Not-for-Profit Corporations Act, 2010 (« ONCA ») came into force. Not-for-profit corporations in Ontario have three years to transition their governing documents to conform with ONCA. Our ONCA Fast Facts series explores what is new and different in […]
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ONCA Fast Facts: Proxies
The Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force on October 19, 2021. Not-for-profit corporations incorporated in Ontario will have a three year transition period to make changes to their governing documents to comply with the ONCA. During the transition […]
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ONCA Fast Facts: Limits on Board delegation
The Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force on October 19, 2021. Ontario not-for-profit corporations have three years to transition their governing documents to conform with the ONCA. Our ONCA Fast Facts series explores what is new and […]
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ONCA Fast Facts: Incorporation as of right
In October 2021, the Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force. Not-for-profit corporations incorporated in Ontario will have a three-year transition period to make changes to their governing documents to comply with the ONCA. Our ONCA Fast Facts series […]
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ONCA Fast Facts: Audits and review engagements
In October 2021, the Not-for-Profit Corporations Act, 2010 (« ONCA ») came into force. Ontario not-for-profit corporations have three years to transition their governing documents to conform with the ONCA. Our ONCA Fast Facts series explores what is new and different in the […]
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ONCA Fast Facts
In October 2021, the Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force. Ontario not-for-profit corporations have three years to transition their governing documents to conform with the ONCA and, if not completed, the documents will then be deemed to be […]
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Ontario Progressive Conservative proposed 2022 budget: Highlights of investments in healthcare
On April 28, 2022, Ontario’s Progressive Conservative Party tabled their 2022 budget. The Lieutenant Governor has dissolved the Legislature and the 2022 Provincial election has officially commenced. This means the Progressive Conservative 2022 budget will not be debated until after […]
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Federal Government releases 2022 Budget: Highlights of investments in healthcare
On April 7, 2022, the Canadian Federal Government released its 2022 Budget entitled A Plan to Grow Our Economy and Make Life More Affordable. The Budget includes various supports for the health sector, including responding to the effects of COVID-19, […]
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Cambie Surgeries Corporation v. British Columbia (Attorney General): Case comment
Summary In Cambie Surgeries Corporation v. British Columbia (Attorney General) (“Cambie”), the plaintiffs claimed that sections 14, 17, 18 and 45 of British Columbia’s (“B.C.”) Medicare Protection Act (the “MPA”) violated their rights under sections 7 and 15 of the […]
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ONCA Fast Facts: Public Benefit Corporations
In October 2021, the Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force. Not-for-profit corporations incorporated in Ontario will have a three year transition period to make changes to their governing documents to comply with the ONCA. Our ONCA Fast Facts […]
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Alberta Court of Appeal to health profession regulators: Do not unnecessarily damage reputation of a professional until all appeals have been exhausted
In recent years, legislators have given regulators increased powers to take enforcement action prior to a hearing or the exhaustion of all appeals. Depending on the legislative framework of the regulator, this may include injunctive orders, restriction or suspension of […]
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Episode 13: COVID-19 vaccine passports: British Columbia and Alberta
Vaccine passports have rolled out in a number of jurisdictions across Canada. Let's take a look at how two provinces (BC and AB) have implemented passport systems.
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ONCA: Governance Action Items
The Ontario Not-for-Profit Corporations Act, 2010 (ONCA) came into force on October 19, 2021 with supporting Regulations. On the same day, the new Ontario Business Registry also launched. Ontario not-for-profit corporations now have a 3 year transition period to make […]
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Bill 46: Alberta’s second omnibus health bill in 2020
On November 5, 2020, the Minister of Health introduced to the Legislative Assembly of Alberta Bill 46: Health Statutes Amendment Act, 2020 (No. 2) (the “Bill”). The Bill is an omnibus bill which amends the Health Professions Act, the Health […]
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Episode 11: COVID-19 mandatory vaccination – Charter challenges
What does the Canadian Charter of Rights and Freedoms protect? Learn more about Charter rights and how they're applied in the context of mandatory vaccine policies.
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Episode 12: COVID-19 mandatory vaccination – Issues related to employment
What are some key elements that employers need to consider when rolling out a mandatory vaccination policy? Learn more from the newest episode of our podcast series on COVID-19 vaccines.
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Episode 10: Mandatory vaccinations – Legal implications
Are mandatory vaccine policies enforceable? What are the potential legal challenges with these policies? Discover the answers to these questions and more in ep. 10.
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Episode 9: What is health law?
What is health law? It's much more than medical malpractice. Listen to our latest podcast episode for a conversation on how wide-ranging this area of law can be.
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Ontario Not-for-Profit Corporations Act comes into force on October 19, 2021
Earlier today, the Ministry of Government and Consumer Services (“Ministry”) announced that the Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) will come into force on October 19, 2021. The coming into force of the ONCA has been long anticipated by the […]
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Episode 5: Resuming health services amid COVID-19
Listen to Episode 5 of Morning Commute with Miller Thomson. Miller Thomson's Health Industry lawyers discuss issues that health care providers in Ontario will need to consider as they resume services.
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Bill 70: Alberta’s COVID-19 liability protection legislation
On April 22, 2021, the Alberta legislature introduced Bill 70: COVID-19 Related Measures Act (the “Bill”). If passed, the Bill will provide COVID-19 related liability protection for Alberta Health Services (“AHS”), health service facilities (as defined in the Bill and […]
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Canada releases 2021 Budget: Highlights from Canada’s plan to promote health, fight systemic racism, and empower Indigenous communities
On April 19, 2021, the Canadian Federal Government released its 2021 budget entitled A Recovery Plan for Jobs, Growth, and Resilience. The Budget is the first to be released since the COVID-19 pandemic began and attempts to address three key […]
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Ontario extends ability for not-for-profit corporations to hold electronic meetings until December 31, 2021
On April 6, 2021, Ontario passed Regulation 251/21 under the Corporations Act, further extending the temporary legislative provisions permitting Ontario not-for-profit Corporations to hold Member, Board and Board Committee meetings electronically from May 31, 2021 until December 31, 2021. These […]
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Ontario releases 2021 Budget: Highlights from Ontario’s Plan for Protecting People’s Health
On March 24, 2021, Minister of Finance and President of the Treasury Board, Peter Bethlenfalvy released Ontario’s budget for 2021, Ontario’s Action Plan: Protecting People’s Health and Our Economy. The 2021 Budget is a response to COVID-19 and is the […]
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CPSO cautions doctor for “irresponsible” COVID-19 tweets
In a trio of decisions, all released on February 6, 2021, the Inquiries, Complaints and Reports Committee (“ICRC” or the “Committee”) of the College of Physicians and Surgeons of Ontario (“CPSO”) ordered a physician to attend to be cautioned in […]
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Public Hospital Advisory: Ministry of Health extends general approval under Public Hospitals Act of temporary capacity expansion for public hospitals
Public hospitals in Ontario continue to collaborate with healthcare and community partners to build system capacity in responding to COVID-19. Subsection 4(2) of Ontario’s Public Hospitals Act (“PHA”) requires the approval of the Minister of Health to operate or use […]
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Significant changes to the regulation of health professionals make for a busy 2021
Keeping up to speed with changes in the world of health professional regulation in Alberta will keep almost anyone working in healthcare busy in 2021. Colleges have significant work ahead of them to review and revise professional regulations, bylaws and […]
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EY Report on Alberta Health Services
In an unprecedented move, Alberta Health Services and Alberta Health decided to conduct a complete review of the way in which health care delivered by Alberta Health Services is regulated, governed and funded. This involved an analysis of Alberta Health […]
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Ontario launching new agency to centralize government procurement
On November 5, 2020, the Ontario government published Ontario Regulation 612/20 Centralized Supply Chain Ontario (the “Supply Chain Regulation”), under the Supply Chain Management Act, 2019 (the “Act”). The Supply Chain Regulation establishes Supply Ontario, a centralized procurement agency that […]
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Ability to hold virtual meetings for Ontario not-for-profit corporations extended until May 31, 2021
On October 1, 2020, Ontario passed Regulation 544/20 under the Corporations Act (the “Regulation”), extending the ability for corporations to hold Member, Board and Board Committee meetings electronically until May 31, 2021. This means that corporations governed by the Corporations […]
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Proclamation period extended for Ontario’s Not-for-Profit Corporations Act
The Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) was passed in 2010 but is not yet in force. The Ministry of Government and Consumer Services had previously indicated a potential ONCA launch date in 2020, however the Ontario Legislative Assembly has […]
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Ontario introduces new bill to provide COVID-19 liability protection
COVID-19 has placed an unprecedented strain on the health care system and has resulted in challenges for certain health service providers in service delivery and maintaining the health and safety of the patients and clients that they serve. Unfortunately, at […]
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Tragic death of patient in German cyberattack a reminder of vital importance of cybersecurity in healthcare
On September 10, 2020, a large university hospital in Dusseldorf, Germany, experienced a major cyberattack, apparently caused by a security vulnerability of an off-the-shelf software that allowed hackers to infiltrate the hospital’s systems. The hospital treats approximately 350,000 patients per […]
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Taking a closer look at Bill 30: Part 2
Private Surgical Facilities and the Health Care Protection Act (now known as the Health Facilities Act) This is the second in a series of communiqués designed to provide a deeper understanding of Alberta’s Bill 30: Health Statutes Amendment Act, 2020 (the “Bill”), […]
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Taking a closer look at Bill 30
Part 1: The Alberta Health Care Insurance Act On July 6, 2020, the government of Alberta introduced Bill 30: Health Statutes Amendment Act, 2020 (the “Bill) in the legislative assembly. Most of the provisions received Royal Assent on July 29, […]
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Ontario passes new law to extend certain COVID-19 Emergency Orders beyond declared state of emergency
On July 21, 2020, Bill 195, the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (the “Reopening Ontario Act”) received Royal Assent and will take effect on a day to be named by proclamation of the Lieutenant Governor. The […]
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Patchwork of face covering By-Laws, Orders, Directives and Instructions issued across Ontario to protect against COVID-19
Wearing non-medical masks or face coverings can be an added public health measure for containing the spread of COVID-19. To date, the Government of Ontario has not implemented a province-wide mandatory face covering requirement due to the substantial variation in […]
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Bill 30: Alberta’s proposed omnibus health bill
On July 6, 2020, the legislature of Alberta introduced Bill 30: Health Statutes Amendment Act, 2020 (the “Bill”). This omnibus piece of legislation proposes amendments to a number of statutes across the health sector, repeals the Health Governance Transition Act, […]
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New filing methods in COVID-19 Response and Reforms to Modernize Ontario Act, 2020
On May 12, 2020 the Government of Ontario passed COVID-19 Response and Reforms to Modernize Ontario Act, 2020 (the “Act”). This omnibus legislation makes temporary changes to various Ontario business statues and provides not-for-profit corporations with flexibility in meeting corporate […]
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COVID-19 Pandemic Update: Can my organization be shut down and other questions about public health events and emergency management powers
Since the outbreak of the Novel Coronavirus, referred to as COVID-19, was originally identified on December 31, 2019 by Chinese health authorities, it has been closely followed internationally by all levels of government, as well as by global, national and […]
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Courts go virtual as most hearings and limitation periods remain suspended
As set out in an earlier Communiqué, the COVID-19 pandemic has led to a number of changes to the practice and procedure of civil litigation in Ontario. This Communiqué provides an update on some of the additional changes over the […]
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COVID-19: The power of the government in a public health emergency
Governments across Canada are responding to the COVID-19 crisis by invoking powers available to them under public health and emergency management legislation. The Governments of B.C. and Alberta have declared states of public health emergency under their respective public health […]
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Public Hospital Advisory: Emergency Order allows Government to institute hospitals as temporary management for long-term care homes experiencing COVID-19 outbreak
On May 12, 2020, the Ontario government passed an emergency Order under the Emergency Management and Civil Protection Act temporarily amending section 156 of the Long-Term Care Homes Act, 2007 (“LTCHA”) to expand the circumstances under which the Director may […]
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Operational requirements for health sector restart released
Chief Medical Officer of Health updates Directive #2 to ramp up health services On May 26, 2020, Ontario’s Chief Medical Officer of Health released an updated Directive #2 for health care providers which allows for a gradual restart of previously […]
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Public Hospital Advisory: date extended for hospital annual general meetings
The Government of Ontario has passed an amendment to Regulation 965 under the Public Hospitals Act, permitting the Minister of Health to direct that a hospital’s annual meeting be held at a time other than as provided for in the […]
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COVID-19 efforts shift to the protection of seniors and vulnerable persons
Although the community spread of the COVID-19 pandemic appears to have peaked in the province according to public health officials in Ontario, concern about the spread of COVID-19 in long-term care, retirement and congregate care settings has significantly increased. COVID-19 […]
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New emergency order directed at hospital credentialing processes
On May 1, 2020, the Ontario government issued an emergency order pursuant to 7.0.2(2) of the Emergency Management and Civil Protection Act , having declared a state of emergency on March 17, 2020. This order remains in effect for the […]
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Alberta Health Services v Farkas: Balancing the interests of freedom of information and solicitor-client privilege
This decision of the Court of Queen’s Bench of Alberta sets forth the scope of solicitor-client privilege with respect to legal advice provided to government organizations, public bodies, and agencies, and the ability of those involved in our medical system […]
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Injunction requires Long-Term Care homes to provide nurses access to PPE
The Ontario Superior Court of Justice released a decision on April 23, 2020, Ontario Nurses Association v Eatonville/Henley Place, 2020 ONSC 2467, granting an interlocutory injunction requiring four Long-Term Care (“LTC”) homes to act in accordance with Directive #3 and […]
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Courts suspended, limitation periods extended amid COVID-19
The COVID-19 virus has led to changes and challenges across sectors, and the civil litigation space is no different. On March 15, 2020, the Honourable Geoffrey Morawetz, Chief Justice of the Ontario Superior Court of Justice, issued a Notice to […]
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Privacy and cybersecurity during COVID-19 – Tips for Canadian organizations
With the emergence of COVID-19 in Canada, organizations are faced with many additional concerns and considerations in their daily operations and strategic planning. Remote work has become the norm, and the health of employees, customers and suppliers is a key […]
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Public Hospital Advisory: Ministry of Health relaxes approval process to enable hospitals to build COVID-19 capacity
Public hospitals across the province are working with their system partners and communities to build capacity to manage patients suffering from COVID-19 and to create flexible space to minimize the risk of exposure to other patients and staff. This includes […]
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Ontario issues emergency order to enable flexibility in Board and Members meetings during COVID-19 Pandemic
On March 25, 2020 Miller Thomson held a special edition Coffee Talk Directors Series titled Governance in COVID-19: Key Actions for Health Provider Boards of Directors. In that session, we discussed duties and responsibilities of Boards for continuing conduct for […]
Prévenir le Coronavirus : Gérer les risques en milieu de travail
La récente épidémie du nouveau coronavirus (2019-nCoV) (« Coronavirus ») continue de susciter des inquiétudes partout dans le monde, ce qui va surement augmenter, étant donné que l’Organisation mondiale de la santé (« OMS ») a classé l’épidémie comme étant une « urgence de santé […]
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Hospital considerations for professional staff privileging amid COVID-19
Following a March 21, 2020 Order made pursuant to Ontario’s Emergency Management and Civil Protection Act, which applies to health service providers (including hospitals and psychiatric facilities), hospitals are now required and authorized to take any reasonably necessary measures with […]
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Provincial economic and fiscal update: Significant health sector funding
Ontario’s Action Plan: Responding to COVID-19 (March 2020 Economic and Fiscal Update) (the “Action Plan”) was released yesterday and is intended to provide “a prudent one?year outlook based on current economic projections”. The Action Plan has been released instead of […]
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Hospital Naming Directive revoked
In 2017, the then Ontario Ministry of Health and Long-Term Care issued a Hospital Naming Directive (“Naming Directive”) setting out naming criteria and approval processes that all Ontario Hospitals were required to follow to change their corporate name or obtain […]
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Update on new Ontario Not-for-Profit Corporations Act
The Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) was passed in 2010 and, up to recently, the Ministry of Government and Consumer Services (“MGCS”) had been indicating that it was expected to come into force in early 2020. The MGCS has […]
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In Shuttleworth v Ontario, the Court of Appeal Confirms that Adjudicative Independence must Exist and Appear to Exist in Administrative Tribunals
Ontario legislation has created a number of tribunals to adjudicate matters in the health industry sector, including regulated health professional disciplinary committees, the Consent and Capacity Board, the Health Professions Appeal and Review Board, the Health Services Appeal and Review […]
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Connecting Care Act, 2019 is in Force
On June 6, 2019, the Connecting Care Act (CCA) was proclaimed into force. It brings into effect a number of key structural changes that will create the framework for health system transformation in Ontario. Not all of the changes have […]
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Do you have a Duty to Report A Medically Unfit Driver? New Reporting Requirements in Effect
After 40 years without change, amendments to the medical and vision reporting requirements under Ontario’s Highway Traffic Act (“HTA”) are in effect. The amendments are significant and have broad implications for health industry clients. Starting July 1, 2018, physicians and […]
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Liability for Privacy Breaches involving Personal Health Information – Are we entering a New Era?
Recently, there has been increasing concern about the potential risk of liability relating to privacy breaches involving personal health information. Subsequent to new developments in the law relating to tort liability and the certification of a number of class action […]
