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Development Corporations Act
Loi sur les sociétés de développement

ONTARIO REGULATION 65/01

Amended to O. Reg. 62/04

ONTARIO FAMILY HEALTH NETWORK

Note: This Regulation was revoked on August 31, 2004. See: O. Reg. 62/04, s. 1.

This Regulation is made in English only.

Definitions

1. In this Regulation,

“Agency” means the Ontario Family Health Network established under section 2. O. Reg. 65/01, s. 1.

Agency established

2. The agency to be known in English as the Ontario Family Health Network and in French as Réseau Santé familiale de l’Ontario is established under section 5 of the Act as a corporation without share capital. O. Reg. 65/01, s. 2.

Crown agent

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. 65/01, s. 3.

Objects

4. The Agency shall support the effective and efficient planning, implementation and management of primary health care in Ontario by,

(a) advising the Minister of Health and Long-Term Care on appropriate policies and strategies for the implementation of primary health care and recommending such policies and strategies to the Minister;

(b) consulting with health care providers and organizations on matters related to primary health care;

(c) developing program and operational policies and strategies related to the implementation of primary health care;

(d) implementing and managing programs, processes, systems and mechanisms related to primary health care;

(e) developing, negotiating and entering into agreements or other arrangements with persons, organizations and government ministries and agencies for the provision of products and services associated with primary health care;

(f) subject to the prior approval of the Minister of Health and Long-Term Care, developing, negotiating and entering into agreements or other arrangements with health care providers for the provision of primary health care;

(g) leading and supporting the ongoing evaluation of primary health care initiatives; and

(h) doing all things that are incidental or conducive to the attainment of its objects, the exercise of its powers and the performance of its duties. O. Reg. 65/01, s. 4.

Members

5. (1) The Agency shall consist of as many members, not more than 14, as may be appointed under subsection (2) and such members form and are the Agency’s board of directors. O. Reg. 65/01, s. 5 (1).

(2) Subject to the approval of the Lieutenant Governor in Council, the Minister of Health and Long-Term Care shall appoint the members of the Agency and shall designate one of the members to be chair of the board of directors and another member to be the vice-chair. O. Reg. 65/01, s. 5 (2).

(3) The Agency shall pay its members such remuneration and expenses as the Lieutenant Governor in Council determines. O. Reg. 65/01, s. 5 (3).

(4) The chair shall preside at the meetings of the board of directors. O. Reg. 65/01, s. 5 (4).

(5) The chair is entitled to vote, and may cast a second deciding vote if there is a tie. O. Reg. 65/01, s. 5 (5).

(6) In the case of the absence or illness of the chair or there being a vacancy in the office of chair, the vice-chair shall act as and have all the powers of the chair and if the vice-chair is absent, ill or otherwise unavailable, a member designated by the board of directors for the purpose shall act as and have the powers of the chair. O. Reg. 65/01, s. 5 (6).

(7) A majority of the members constitutes a quorum of the board of directors. O. Reg. 65/01, s. 5 (7).

Agency’s affairs

6. (1) The affairs of the Agency are under the management and control of its board of directors. O. Reg. 65/01, s. 6 (1).

(2) The board of directors may pass by-laws and resolutions regulating its proceedings and generally for the conduct and management of the Agency. O. Reg. 65/01, s. 6 (2).

(3) Without limiting the generality of subsection (2), the board of directors may pass by-laws or resolutions to,

(a) appoint officers and assign to them such powers and duties as the board of directors considers appropriate;

(b) make banking arrangements;

(c) establish committees of the board and may delegate to the committees such powers and duties of the board as it considers appropriate; and

(d) effect the orderly transaction of the Agency’s business. O. Reg. 65/01, s. 6 (3).

Application of certain sections

7. Section 132, subsection 134 (1) and section 136 of the Business Corporations Act apply to the Agency with necessary modifications. O. Reg. 65/01, s. 7.

Capacity of Agency

8. (1) Except as limited by this Regulation, the Agency has the capacity, rights, powers and privileges of a natural person for carrying out its objects. O. Reg. 65/01, s. 8 (1).

(2) The Agency shall not, except with the approval of the Lieutenant Governor in Council,

(a) acquire, hold or dispose of an interest in real property;

(b) borrow money; or

(c) pledge the assets of the Agency. O. Reg. 65/01, s. 8 (2).

(3) Despite subsection (2), the Agency may lease real property for the purposes of the Agency and dispose of any property it so acquires. O. Reg. 65/01, s. 8 (3).

Employees, etc.

9. In accordance with government policy, the Agency may employ or otherwise engage such persons as it considers necessary for the proper conduct of the business of the Agency and may prescribe their duties and other terms of engagement and provide for payment of the remuneration and expenses of such persons. O. Reg. 65/01, s. 9.

Application of Acts

10. The Corporations Act and the Corporations Information Act do not apply to the Agency. O. Reg. 65/01, s. 10.

Fiscal year

11. The Agency’s fiscal year commences on April 1 in each year and ends on March 31 in the following year. O. Reg. 65/01, s. 11.

Audit

12. (1) The board of directors shall ensure that the Agency’s accounts and financial transactions are audited annually and such audit is subject to the review of the Provincial Auditor. O. Reg. 65/01, s. 12 (1).

(2) Despite the requirement of an annual audit, the Minister of Health and Long-Term Care may, at any time, direct that an audit of the Agency be conducted. O. Reg. 65/01, s. 12 (2).

Policy directions

13. The Minister of Health and Long-Term Care may issue policy directions to the board of directors and where the Minister issues such a direction, the board of directors shall carry it out. O. Reg. 65/01, s. 13.

Annual reports

14. (1) The Agency shall report on its affairs annually to the Minister of Health and Long-Term Care, who 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. 65/01, s. 14 (1).

(2) In addition to the annual report, the Agency shall provide the Minister of Health and Long-Term Care with such reports on its affairs and operations as he or she may request from time to time. O. Reg. 65/01, s. 14 (2).

Immunity

15. No member, officer or employee of the Agency, or other person acting on behalf of the Agency, is personally 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. 65/01, s. 15.

Dissolution of Agency

16. The Agency is dissolved on the day this Regulation is revoked and its assets and liabilities are thereupon transferred to the Ministry of Health and Long-Term Care. O. Reg. 65/01, s. 16.

17. Omitted (provides for the revocation of this Regulation). O. Reg. 62/04, s. 1.