Order in Council 322/2020

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas:

1. Ontario Health is a corporation without share capital continued under subsection 3(1) of the Connecting Care Act, 2019 (the “Act”);
2. Ontario Health is an agent of the Crown and its powers may be exercised only as an agent of the Crown;
3. Ontario Health has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited by the Act or the regulations; and
4. Subsection 7(3) of the Act provides that Ontario Health shall not generate revenue or receive money or assets from any person or entity except the Crown in right of Ontario (the “Crown”) without the approval of the Lieutenant Governor in Council.

Now therefore:

1. Pursuant to subsection 7(3) of the Act, Ontario Health is authorized to generate revenue and to receive money or assets from persons or entities other than the Crown in connection with the following activities:
   1. receiving funds from charities or governmental agencies for the purpose of conducting or funding research or undertaking other projects that are consistent with the objects of Ontario Health;
   2. collecting revenue in the form of service fees that may be charged by Ontario Health on a cost-recovery basis for providing virtual care technology-related services to health care providers and other organizations which support the provision of health care;
   3. holding educational conferences.

   (referred to hereinafter as “Activities” or, in the singular, as an “Activity”). 

2. The foregoing approval is subject to the following conditions:
   1. Ontario Health shall not engage in any Activity unless it is consistent with and conducted in furtherance of Ontario Health’s objects under the Act;
   2. Ontario Health shall not engage in any Activity unless specified in its Accountability Agreement with the Minister of Health (the “Minister”) under section 19 of the Act;
   3. If Ontario Health charges fees in connection with an Activity, it shall do so on a cost-recovery basis only and in compliance with all applicable government directives, policies and guidelines including, without limitation, Management Board of Cabinet’s Managing, Distributing and Pricing Government Information (Intellectual Property) Directive (the “IP Directive”);
   4. Ontario Health shall ensure that any agreement or arrangement that it enters into in connection with any Activity appropriately protects the Crown’s intellectual property rights, and shall obtain any approvals or licenses that may be required under the IP Directive and any other applicable directives or policies;
   5. Ontario Health shall not engage in any Activity that raises any real or perceived conflict of interest; and
   6. Ontario Health shall provide advance notice to the Minister of any new Activity, and shall report to the Minister on its revenue-generating Activities and any non-Crown monies or assets that it receives at least annually through Ontario Health’s annual report and at such other times and through such other means as the Minister may direct.