O. Reg. 43/02: SMART SYSTEMS FOR HEALTH AGENCY
under Development Corporations Act, R.S.O. 1990, c. D.10
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Loi sur les sociétés de développement
ONTARIO REGULATION 43/02
Amended to O. Reg. 167/03
SMART SYSTEMS FOR HEALTH AGENCY
Historical version for the period May 2, 2003 to February 22, 2005.
This Regulation is made in English only.
CONTENTS
Definitions | |
Agency established | |
Objects of the Agency | |
Powers of the Agency | |
Power re information management, etc. | |
Board of directors | |
Powers of the board of directors | |
Policy directions by Minister | |
Status of employees | |
Annual report | |
Annual audit | |
Fiscal year | |
Appointment of administrator | |
Winding up the Agency | |
Emergency health records | |
Verification of users | |
Immunity | |
Review of the Agency’s affairs | |
Interpretation
Definitions
“Minister” means the Minister of Health and Long-Term Care;
“personal health information” means personal information relating to the physical or mental health or well-being of an identifiable individual;
“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act. O. Reg. 43/02, s. 1.
Agency established
2. (1) A corporation to be known in English as the Smart Systems for Health Agency and in French as Agence des systèmes intelligents pour la santé is established as a corporation without share capital. O. Reg. 43/02, s. 2 (1).
(2) The Agency is composed of the members of its board of directors. O. Reg. 43/02, s. 2 (2).
(3) The Agency is, for all its purposes, an agent of Her Majesty within the meaning of the Crown Agency Act and its powers may be exercised only as an agent of Her Majesty. O. Reg. 43/02, s. 2 (3).
(4) Section 132 (conflict of interest), subsection 134 (1) (standard of care) and section 136 (indemnification) of the Business Corporations Act apply, with necessary modifications, to the Agency and to the members of its board of directors. O. Reg. 43/02, s. 2 (4).
(5) The Corporations Act and the Corporations Information Act do not apply to the Agency. O. Reg. 43/02, s. 2 (5).
Objects of the Agency
3. The following are the objects of the Agency:
1. To support effective and efficient delivery, planning and management of health services in Ontario and to support health research by,
i. providing a secure province-wide information infrastructure for the collection, transmission, storage and exchange of information about health matters (including personal information),
ii. planning, implementing and encouraging the use of services, products and technologies that will promote the effective use of the information infrastructure, and
iii. collecting, using and disclosing personal information as permitted by sections 15 and 16 as is necessary for the provision of the information infrastructure.
2. To safeguard the confidentiality and integrity of information about health matters (including personal information) that is collected, transmitted, stored or exchanged by and through the information infrastructure by taking all steps necessary to ensure the security of that information.
3. To protect the privacy of individuals whose personal information is collected, transmitted, stored or exchanged by and through the information infrastructure by taking all steps necessary to ensure the security of that information.
4. To recommend to the Minister data and technology standards for services, products and technologies associated with the operation of the information infrastructure or, when so directed by the Minister, to develop such standards.
5. To develop policies relating to the operation of the information infrastructure, to the delivery of services, products and technologies related to its operation and to agreements or other arrangements for the delivery of those services, products and technologies.
6. To implement and manage programs, processes and mechanisms for the provision of services, products and technologies related to the operation of the information infrastructure or to negotiate and enter into agreements or other arrangements with public or private sector organizations for the implementation or management of those programs, processes and mechanisms. O. Reg. 43/02, s. 3.
Powers of the Agency
4. (1) The Agency has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited by this Regulation. O. Reg. 43/02, s. 4 (1).
(2) The Agency shall not purchase or sell real property or establish a subsidiary. O. Reg. 43/02, s. 4 (2).
(3) The Agency shall not borrow money or pledge its assets. O. Reg. 43/02, s. 4 (3).
(4) The Agency shall not make investments or loans or generate revenue, except in the circumstances authorized in this section. O. Reg. 43/02, s. 4 (4).
(5) The Agency may make short-term investments that are consistent with its objects with the approval of the Minister of Finance. O. Reg. 43/02, s. 4 (5).
Power re information management, etc.
5. (1) The Agency is authorized to provide information management services or technology services or both in connection with the facilitation or operation of any of the following systems or infrastructure initiatives:
1. Information systems established by or on behalf of the Ontario Family Health Network (a corporation established under the Development Corporations Act) that are related to primary health care.
2. Information infrastructures established by or for the use of the Ontario HIV Treatment Network (a corporation incorporated under the Corporations Act).
3. Information systems established to support the provision of integrated services for children by or through the Integrated Services for Children Division of the ministries of Community and Social Services and Health and Long-Term Care.
4. Information systems established to enable communication between community care access centres (within the meaning of Ontario Regulation 386/99, “Provision of Community Services”, made under the Long-Term Care Act, 1994).
5. Integrated interactive provincial laboratory information systems established by the Ministry of Health and Long-Term Care that allows laboratory information to be exchanged between health care providers and laboratories.
6. Information systems established by or on behalf of the Public Health Branch of the Ministry of Health and Long-Term Care that are related to the control of reportable diseases and communicable diseases within the meaning of the Health Protection and Promotion Act. O. Reg. 43/02, s. 5 (1); O. Reg. 167/03, s. 1 (1).
(2) The Agency shall not provide information management services except as authorized by subsection (1). O. Reg. 43/02, s. 5 (2).
(3) The Agency is authorized to provide technology services in connection with the facilitation or operation of the Health Network (as defined in subsection 23 (1) of Ontario Regulation 201/96, “General”, made under the Ontario Drug Benefit Act). O. Reg. 43/02, s. 5 (3).
(4) The Agency is authorized to provide technology services in connection with initiatives that are not described in subsections (1) and (3), but only if the Agency has the prior approval of the Lieutenant Governor in Council to do so. O. Reg. 43/02, s. 5 (4).
(5) The Agency shall not provide the services authorized by subsection (1) or (3) unless the Agency enters into an agreement described in subsection (6) with,
(a) the board of directors of the corporation, in the case of a system or initiative of the Ontario Family Health Network or the Ontario HIV Treatment Network;
(b) the Deputy Minister of Community and Social Services and the Deputy Minister of Health and Long-Term Care, in the case of a system or initiative of the Integrated Services for Children Division of the ministries of Community and Social Services and Health and Long-Term Care;
(c) the Deputy Minister of Health and Long-Term Care,
(i) in the case of a system or initiative respecting community care access centres or health care providers and laboratories, or
(ii) in the case of the Health Network or a system of the Public Health Branch of the Ministry of Health and Long-Term Care. O. Reg. 43/02, s. 5 (5); O. Reg. 167/03, s. 1 (2).
(6) The agreement must,
(a) describe the activities that the Agency is permitted or required to engage in under the agreement and any conditions that may apply;
(b) provide for administrative, technical and physical safeguards for the confidentiality and security of personal information that is processed, stored or disposed of by and through the Agency’s information infrastructure under the agreement;
(c) require the Agency to ensure that unauthorized persons do not have access to personal information within the Agency’s information infrastructure, and cannot use or disclose it;
(d) require the Agency to give written notice immediately to a person specified in the agreement if an unauthorized person has had access to personal information within the Agency’s information infrastructure or has used or disclosed it; and
(e) require the Agency to give written notice immediately to a person specified in the agreement if the Agency has accessed, used, disclosed or disposed of personal information otherwise than in accordance with the agreement. O. Reg. 43/02, s. 5 (6).
(7) The Agency shall give the Minister a copy of every agreement that it enters into under this section. O. Reg. 43/02, s. 5 (7).
(8) While providing the services authorized by this section, the Agency may access personal information if necessary in the course of performing maintenance or repairs, but the Agency shall not access personal information for any other purpose when providing those services. O. Reg. 43/02, s. 5 (8).
Board of directors
6. (1) The board of directors of the Agency is composed of as many members, not fewer than seven and not more than 15, as may be appointed by the Lieutenant Governor in Council. O. Reg. 43/02, s. 6 (1).
(2) The Lieutenant Governor in Council may designate a board member as chair of the board. O. Reg. 43/02, s. 6 (2).
(3) The chair presides at the meetings of the board. O. Reg. 43/02, s. 6 (3).
(4) In the case of the absence or illness of the chair or there being a vacancy in the office of chair, the member designated by the board for the purpose shall act as and have all the powers of the chair. O. Reg. 43/02, s. 6 (4).
(5) The members of the board are to be paid such remuneration and expenses as the Lieutenant Governor in Council determines. O. Reg. 43/02, s. 6 (5).
(6) A majority of the members constitutes a quorum. O. Reg. 43/02, s. 6 (6).
Powers of the board of directors
7. (1) The affairs of the Agency are under the management and control of the board of directors, subject to any directions given under section 8. O. Reg. 43/02, s. 7 (1).
(2) The board may pass by-laws and resolutions regulating its proceedings and generally for the conduct and management of the affairs of the Agency. O. Reg. 43/02, s. 7 (2).
Policy directions by Minister
8. (1) The Minister may issue policy directions to the board of directors where, in the opinion of the Minister, it is in the public interest to do so, and the board shall comply with the directions. O. Reg. 43/02, s. 8 (1).
(2) A policy direction cannot require the Agency to collect, use or disclose personal health information. O. Reg. 43/02, s. 8 (2).
Status of employees
9. Employees of the Agency are not civil servants, public servants or Crown employees within the meaning of the Public Service Act. O. Reg. 43/02, s. 9.
Annual report
10. (1) The Agency shall give the Minister an annual report on its affairs, and the Minister shall submit the report to the Lieutenant Governor in Council and then lay it before the Assembly if it is in session or, if not, at the next session. O. Reg. 43/02, s. 10 (1).
(2) Each annual report must include information about the Agency’s activities under the agreements required by section 5, and must include the details of every notice given under clause 5 (6) (d) or (e). O. Reg. 43/02, s. 10 (2).
(3) The Agency shall give the Minister such other information and reports on its affairs as the Minister may require. O. Reg. 43/02, s. 10 (3).
Annual audit
11. (1) The board of directors shall ensure that the Agency’s accounts and financial transactions are audited annually. O. Reg. 43/02, s. 11 (1).
(2) The annual audit is subject to the review of the Provincial Auditor. O. Reg. 43/02, s. 11 (2).
(3) The Minister may, at any time, require that an audit of the Agency be conducted. O. Reg. 43/02, s. 11 (3).
Fiscal year
12. The Agency’s fiscal year commences on April 1 in each year and ends on March 31 in the following year. O. Reg. 43/02, s. 12.
Appointment of administrator
13. (1) The Minister may, by order, appoint a person to temporarily administer the business and affairs of the Agency if the Minister considers it to be in the public interest to do so, and the Minister may impose conditions and restrictions upon the administrator. O. Reg. 43/02, s. 13 (1).
(2) The administrator has all of the powers of the board of directors of the Agency and may exercise them for the purpose of managing the affairs of the Agency, ensuring that the Agency carries out its objects and performing such other duties as may be specified by the Minister. O. Reg. 43/02, s. 13 (2).
(3) The board of directors of the Agency cannot exercise any of its powers while the administrator holds office. O. Reg. 43/02, s. 13 (3).
(4) The term of office of the administrator is 12 months or such lesser period as the Minister may determine, and the Minister may extend the term for further terms of not more than six months. O. Reg. 43/02, s. 13 (4).
(5) The Minister may terminate the administrator’s appointment before the end of the term if the Minister is satisfied that the appointment is no longer in the public interest. O. Reg. 43/02, s. 13 (5).
Winding up the Agency
14. (1) If the Minister decides that it is in the public interest to wind up the business and affairs of the Agency, he or she may do all things necessary to do so, including distributing the Agency’s assets. O. Reg. 43/02, s. 14 (1).
(2) In acting under subsection (1), the Minister may direct that all or some of the Agency’s assets be,
(a) liquidated or sold as a going concern and the proceeds paid into the Consolidated Revenue Fund; or
(b) transferred to Her Majesty in right of Ontario or to another agency of the Crown. O. Reg. 43/02, s. 14 (2).
(3) Any information or technology in the custody or control of the Agency immediately before it is wound up that the Agency holds on behalf of another person under an agreement described in section 5 must be returned to that person. O. Reg. 43/02, s. 14 (3).
(4) Any personal information collected by the Agency under subsection 15 (2) that is in its custody or control immediately before it is wound up must be transferred to the individual to whom it relates or, if that is not possible, to the physician who attends that individual. O. Reg. 43/02, s. 14 (4).
(5) After the personal information is transferred under subsection (4), the Agency shall promptly destroy the personal health information in its records. O. Reg. 43/02, s. 14 (5).
Emergency health records
15. (1) This section applies when an individual and his or her health care provider agree that personal information may be disclosed to hospitals, physicians and other health care providers for the purpose of providing or facilitating emergency health care services to the individual. O. Reg. 43/02, s. 15 (1).
(2) The Agency may collect and use personal information described in subsection (3) for the purpose of compiling and maintaining an emergency health record about the individual and shall not collect or use it for any other purpose. O. Reg. 43/02, s. 15 (2).
(3) The emergency health record for an individual may contain only that personal information that the individual and his or her health care provider agree is necessary for the provision of emergency health care services. O. Reg. 43/02, s. 15 (3).
(4) The Agency may disclose an individual’s emergency health record and the personal information contained in it to a hospital, physician or other health care provider involved in providing or facilitating emergency health care services to the individual and shall not disclose it for any other purpose. O. Reg. 43/02, s. 15 (4).
Verification of users
16. The Agency may directly or, with the consent of the person to whom it relates, indirectly collect personal information and use or disclose it in order to verify the identity of persons registering to use the Agency’s information infrastructure and the Agency shall not collect, use or disclose it for any other purpose. O. Reg. 43/02, s. 16.
Immunity
17. (1) No employee or agent of the Agency and no administrator appointed under subsection 13 (1) is liable for anything done or omitted in good faith in the exercise or purported exercise of the powers conferred or duties imposed by this Regulation. O. Reg. 43/02, s. 17 (1).
(2) Subject to any duties, obligations or responsibilities imposed by statute, no member or officer of the Agency is liable for anything done or omitted in good faith in the exercise or purported exercise of the powers conferred or duties imposed by this Regulation. O. Reg. 43/02, s. 17 (2).
Review of the Agency’s affairs
18. The Minister shall conduct a review of the Agency’s affairs and submit a report to the Executive Council no later than the third anniversary of the day on which this Regulation comes into force. O. Reg. 43/02, s. 18.