O. Reg. 339/08: Smart Systems for Health Agency

 

ontario regulation 339/08

made under the

development corporations act

Made: September 10, 2008
Filed: September 29, 2008
Published on e-Laws: September 30, 2008
Printed in The Ontario Gazette: October 18, 2008

Amending O. Reg. 43/02

(Smart Systems for Health Agency)

1. The title to Ontario Regulation 43/02 is revoked and the following substituted:

 

eHealth Ontario

2. Section 1 of the Regulation is amended by adding the following definitions:

“Agency” means the corporation continued under section 2;

“eHealth Services” means one or more services to promote the delivery of health care services in Ontario that use electronic systems and processes, information technology and communication technology to facilitate electronic availability and exchange of information related to health matters, including personal information and personal health information, by and among patients, health care providers and other permitted users;

3. Subsection 2 (1) of the Regulation is revoked and the following substituted:

Corporation continued

2. (1) The corporation known as the Smart Systems for Health Agency is continued as a corporation without share capital under the name of eHealth Ontario in English and Cybersanté Ontario in French.

(1.1) A reference in any document to the Smart Systems for Health Agency shall be read as referring to eHealth Ontario. 

(1.2) For greater certainty, eHealth Ontario possesses all the property, assets, rights and privileges and is subject to all the liabilities and contracts of the Smart Systems for Health Agency.

4. Section 3 of the Regulation is revoked and the following substituted:

Objects of the Agency

3. The following are the objects of the Agency:

1. To provide eHealth Services and related support for the effective and efficient planning, management and delivery of health care in Ontario. 

2.   To develop eHealth Services strategy and operational policy. 

3. To protect the privacy of individuals whose personal information or personal health information is collected, transmitted, stored or exchanged by and through the Agency, in accordance with the Freedom of Information and Protection of Privacy Act, the Personal Health Information Protection Act, 2004 and any other applicable law.

5. Section 4 of the Regulation is revoked and the following substituted:

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. 

(2) The Agency shall carry out its objects without the purpose of gain and shall not use its revenue, including money or assets that it receives by grant, contribution or otherwise, for any purpose other than to further its objects.

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

(a) acquire, dispose of, lease, mortgage, charge, hypothecate or otherwise transfer or encumber any interest in real property, except as permitted by this section;

(b) borrow or lend money;

(c) make investments, except as permitted by this section;

(d) pledge, charge or encumber any of its personal property;

(e) generate revenue;

(f) establish a subsidiary; or

(g) apply for or obtain registration as a registered charity under the Income Tax Act (Canada).

(4) The Agency may lease office space that is reasonably necessary for the purposes of the Agency.

(5) The Agency may establish a bank account with the approval of the Minister of Finance.

(6) The Agency may make short-term investments that are consistent with its objects with the approval of the Minister of Finance.

(7) While providing eHealth Services, the Agency may, if necessary for the provision of the service, collect, use and disclose personal information and personal health information.

6. Section 5 of the Regulation is revoked and the following substituted:

Power re eHealth Services

5. (1) The Agency, with the written approval of the Minister, may provide eHealth Services to support the operation of the health care system in Ontario and for other purposes that are consistent with the Agency’s objects. 

(2) The Agency shall not provide eHealth Services except in accordance with subsection (1).

(3) The Minister shall not grant an approval under subsection (1) except in compliance with requirements in policies or directives,

(a) set out in a memorandum of understanding entered into under section 10.1; or

(b) subsequently issued by Management Board of Cabinet. 

(4) The Minister may impose terms and conditions on approvals granted under subsection (1) and may from time to time amend or remove the terms and conditions or impose new terms and conditions.

7. Section 6 of the Regulation is revoked and the following substituted:

Board of directors

6. (1) The board of directors of the Agency shall be composed of not more than 12 members, to be appointed by the Lieutenant Governor in Council on the recommendation of the Minister, and shall include,

(a) at least one member from the Ontario Infrastructure Projects Corporation; and 

(b) at least one member from the Ministry of Health and Long-Term Care.

(2) In appointing the members of the board, the Lieutenant Governor in Council shall consider the knowledge, skills and experience of the board as a whole in the following areas:

1. The health sector.

2. Information technology.

3. Business and financial matters, including management of public and private sector organizations.

(3) The Lieutenant Governor in Council may designate a board member as chair of the board. 

(4) The chair presides at the meetings of the board and shall perform any other duties required by by-law. 

(5) 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. 

(6) With the exception of the members from the Ontario Infrastructure Projects Corporation and the Ministry of Health and Long-Term Care, the members of the board are to be paid such remuneration and expenses as the Lieutenant Governor in Council determines.

(7) A majority of the members constitutes a quorum.

(8) The board of directors of the Agency shall meet regularly at the call of the chair throughout the year and in any event shall meet at least four times a year.

8. Section 7 of the Regulation is amended by adding the following subsections:

(3) The Minister may require the board of directors to submit a by-law to the Minister for approval and, if so,

(a) the by-law concerned ceases to be effective from the time that the Minister imposes the requirement until the Minister approves the by-law;

(b) anything that the board has done in compliance with the by-law concerned before the Minister imposes the requirement is valid; and

(c) the board may do anything that, before the Minister imposes the requirement, it has agreed to do.

(4) The board of directors of the Agency shall develop, in consultation with the Minister, conflict of interest policies for the members and employees of the Agency.

9. Subsection 8 (2) of the Regulation is revoked.

10. Section 9 of the Regulation is revoked and the following substituted:

Chief executive officer and other employees

9. (1) The Lieutenant Governor in Council shall appoint a person to be the chief executive officer of the Agency.

(2) The Agency shall employ as its chief executive officer the person appointed by the Lieutenant Governor in Council and shall terminate that person’s employment as chief executive officer when the term of the appointment expires or if the Lieutenant Governor in Council revokes the person’s appointment.

(3) The chief executive officer is responsible for the management and administration of the Agency’s affairs, subject to the supervision and direction of its board of directors.

(4) The Lieutenant Governor in Council shall fix the salary or other remuneration and the benefits, including rights relating to severance, termination, retirement and superannuation, of the chief executive officer, and the Agency shall provide such salary or other remuneration and such benefits to the chief executive officer.

(5) The Agency may employ or otherwise engage such persons, other than the chief executive officer, as it considers necessary for the proper conduct of the business of the Agency. 

11. Section 10 of the Regulation is revoked and the following substituted:

Annual report

10. (1) The Agency shall give the Minister an annual report on its affairs within 120 days after its fiscal year end that is signed by the chair and one other member of the board of directors of the Agency.

(2) Each annual report shall include,

(a) a general description of every instance of an unauthorized person’s access to, or use or disclosure of, personal information or personal health information within the Agency’s custody or control; and

(b) information about every instance of the Agency’s unauthorized collection, use, disclosure or disposal of personal information or personal health information within the Agency’s custody or control.

(3) The Minister shall, within 90 days of receiving the annual report, submit it to the Lieutenant Governor in Council and then lay it before the Assembly if it is in session or, if the Assembly is not in session, deposit the report with the Clerk of the Assembly.

(4) The Agency shall give the Minister such other information and reports on its affairs as the Minister may require.

12. (1) Subsection 10.1 (1) of the Regulation is revoked and the following substituted:

(1) Subject to subsection (4), every five years the Agency and the Minister shall enter into a memorandum of understanding containing only such terms as may be directed by the Minister. 

(2) Section 10.1 of the Regulation is amended by adding the following subsection:

(4) The memorandum of understanding and accountability agreement between the Smart Systems for Health Agency and the Minister in force immediately before Ontario Regulation 339/08 comes into force is terminated and shall be replaced by a new memorandum of understanding to be entered into by the Agency and the Minister. 

13. Subsections 10.2 (2), (3), (4), (5) and (6) of the Regulation are revoked and the following substituted:

(2) The annual business plan shall include,

(a) a description of Agency activities during the fiscal year reported on, including a business plan that covers the next three fiscal years following the current fiscal year (the “Three-Year Plan”);

(b) a description of the achievements during the fiscal year reported on relating to objectives and planned results set out in the Three-Year Plan;

(c) a performance measures report establishing targets for the coming year and explaining significant variances between planned and actual result or performance in the preceding year;

(d) projected revenues and their sources and capital and operating expenditures; and

(e) yearly reporting requirements consistent with the multi-year reporting framework.

(3) The Agency shall not expend funds except in accordance with the annual business plan approved by the Minister.

(4) The Agency may make changes to the annual business plan but only with the approval of the Minister. 

(5) The Agency’s expenditures shall not exceed its revenues in a fiscal year, based on accounting policies and standards set by the Government of Ontario, except as permitted in writing by the Minister and the Minister of Finance.

(6) Within 30 days from the end of each quarter of a fiscal year, the Agency shall submit a quarterly statement to the Minister. 

(7) The quarterly statement shall include,

(a) a financial statement for the quarter;

(b) information describing the Agency’s operations during the quarter; and

(c) any other information that the Minister may require.

14. (1) Clause 14 (2) (b) of the Regulation is revoked and the following substituted:

(b) transferred to Her Majesty in right of Ontario or, if the assets do not constitute “public money” for the purposes of the Financial Administration Act, to another agency of the Crown.

(2) Subsections 14 (4) and (5) of the Regulation are revoked.

15. Section 15 of the Regulation is revoked.

16. Section 18 of the Regulation is revoked and the following substituted:

Revocation

18. This Regulation is revoked on August 19, 2010.

17. This Regulation comes into force on the day it is filed.