Public hospitals in Ontario are operating in a complex and highly regulated environment. They have become increasingly subject to a growing number of legal requirements through changes at the health system level, and through evolving legislative, policy and regulatory developments.
Recognizing the need to support members in the complex task of legal and regulatory compliance, over the last number of years, the Ontario Hospital Association (OHA) has produced numerous tools and resources around legislative, legal and regulatory issues, including backgrounders and supporting materials as new health care legislation and regulations are introduced. Given the growing complexity of the health care environment, the OHA has also sought to support members with broader and more comprehensive legal resources. One of these resources is the Understanding Your Legal Accountabilities: A Guide for Ontario Hospitals.
This resource was originally published as a short checklist, outlining legislative expectations of hospitals respecting annual and periodic reporting requirements. In response to member feedback, and in consultation with a member working group and Borden Ladner Gervais (BLG), the OHA expanded this resource into two comprehensive pieces:
Part 1: Director Liability, which presents an overview of key statutory obligations for directors of Ontario public hospitals. It is intended to assist hospitals in addressing the numerous areas in which statutory liability can be imposed on directors; and
Part 2: Periodic Reporting Compliance, which gives a summary of major legislation and regulations with periodic reporting requirements (annual or otherwise). It is intended to assist hospitals in managing these reporting requirements, to ensure they meet their obligations towards internal and external stakeholders.
The guide is now in its fifth edition (2024) and can be found on the OHA's website. The use of the term "accountability" is deliberate as it is intended to help hospitals understand their various legal obligations under statute and regulation, rather than representing an exhaustive summary of all laws with which hospitals must comply. The guide is designed to assist hospitals in their risk management and compliance functions, serving as a resource in developing appropriate processes and meeting mandated deadlines.
The fifth edition incorporates a variety of legislative and regulatory changes, including the new reporting requirements and potential director liability under the Fighting Against Forced Labour and Child Labour in Supply Chains Act, 2023 (Bill S-211), increased penalties under the Occupational Health and Safety Act, 1990 and Personal Health Information Protection Act, 2004, amendments to the offence provisions of the Laboratory & Specimen Collection Centre Licensing Act, 1990, amendments to the reporting obligations under the Electricity Act, 1998, and an update on the status of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124).