Ontario Agency for Health Protection and Promotion Act

R.S.O. 1990, c10 SchK

Last amendment: 2019, c. 7, Sched. 17, s. 130.

I. INTERPRETATION

• Purpose
  1 The purpose of this Act is to enhance the protection and promotion of the health of Ontarians and to contribute to efforts to reduce health inequities through the establishment of an agency to provide scientific and technical advice and support to those working across sectors to protect and improve the health of Ontarians and to carry out and support activities such as population health assessment, public health research, surveillance, epidemiology, planning and evaluation.  2007, c. 10, Sched. K, s. 1.

II. CORPORATION

• Corporation Established
  3 A corporation to be known in English as the Ontario Agency for Health Protection and Promotion and in French as Agence ontarienne de protection et de promotion de la santé is established as a corporation without share capital.  2007, c. 10, Sched. K, s. 3.
• Crown agency and status
  4 The Corporation is an agent of the Crown and may exercise its powers only as an agent of the Crown.  2007, c. 10, Sched. K, s. 4.
• Corporations Act, Corporations Information Act
  5 The Corporations Act and the Corporations Information Act do not apply to the Corporation except as prescribed.  2007, c. 10, Sched. K, s. 5.
• Objects

  6 The objects of the Corporation are,

  1. to provide scientific and technical advice and support to the health care system and the Government of Ontario in order to protect and promote the health of Ontarians and reduce health inequities;

  2. to develop, disseminate and advance public health knowledge, best practices, and research in the areas of population health assessment, infectious diseases, health promotion, chronic diseases, injury prevention, and environmental health;

  3. to inform and contribute to policy development processes across sectors of the health care system and within the Government of Ontario through advice and impact analysis of public health issues;

  4. to develop, collect, use, analyse and disclose data, including population health, surveillance and epidemiological data, across sectors, including human health, environmental, animal, agricultural, education, community and social services and  housing sectors, in a manner that informs and enhances healthy public policy and public health planning, evaluation and action;

  5. to undertake, promote and co-ordinate public health research in co-operation with academic and research experts as well as the community;

  6. to provide education and professional development for public health professionals, scientists, researchers, and policymakers across sectors;

  7. to establish, operate and maintain laboratory centres and to provide laboratory services;

  8. to serve as a model for bridging the areas of infection control and occupational health and safety;

  9. to undertake research related to evaluating the modes of transmission of febrile respiratory illnesses and the risk to health workers;

  10. as directed by the Chief Medical Officer of Health, to provide scientific and technical advice and operational support to any person or entity in an emergency or outbreak situation that has health implications; and

  11. any additional objects the Lieutenant Governor in Council may prescribe.  2007, c. 10, Sched. K, s. 6.

• Powers
  7 (1) Except as limited by this Act, the Corporation has the capacity, rights and powers of a natural person for carrying out its objects.  2007, c. 10, Sched. K, s. 7 (1).

III. DIRECTIVES

• CMOH directives
  24 (1) The Chief Medical Officer of Health may issue directives in writing to the Corporation for the Corporation to provide scientific and technical advice and operational support to any person or entity in an emergency or outbreak situation that has health implications.  2007, c. 10, Sched. K, s. 24 (1).

• Implementation
  (2) The board of directors shall ensure that a directive of the Chief Medical Officer of Health under subsection (1) is carried out in accordance with its terms, this Act, and the regulations.  2007, c. 10, Sched. K, s. 24 (2).

IV. TRANSFERS

V. IMMUNITY AND UNPAID JUDGMENTS

• No actions or proceedings against Crown
  26 No proceeding for damages or otherwise shall be commenced against the Crown, the Minister or any person employed by the Crown with respect to any act done or omitted to be done or any decision of the Corporation, a director or officer of the Corporation, a member of a standing committee or a person employed by the Corporation.  2007, c. 10, Sched. K, s. 26.

• Immunity from civil action
  27 (1) No proceeding for damages or otherwise shall be commenced against the Minister, a director or officer of the Corporation, a member of a standing committee, or any person employed by the Crown or the Corporation, with respect to any act done or omitted to be done or any decision under this Act that is done in good faith in the execution or intended execution of a power or duty under this Act.  2007, c. 10, Sched. K, s. 27 (1); 2011, c. 1, Sched. 6, s. 7 (1).

• Corporation remains liable
  (2) Subsection (1) does not relieve the Corporation of any liability to which it would otherwise be subject in respect of a tort committed by a director, officer or employee.  2007, c. 10, Sched. K, s. 27 (2).

• Crown remains liable in certain cases
  (3) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of a liability to which it would otherwise be subject in respect of a tort committed by the Minister or any person employed by the Crown.  2007, c. 10, Sched. K, s. 27 (3); 2011, c. 1, Sched. 6, s. 7 (2); 2019, c. 7, Sched. 17, s. 130.

• Unpaid judgments against the Corporation
  28 The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against the Corporation that remains unpaid after, as determined by the Lieutenant Governor in Council, the Corporation has made all reasonable efforts to pay the amount of the judgment.  2007, c. 10, Sched. K, s. 28.

VI. DISSOLUTION

VII. REGULATIONS