Articles 2020

This article examines long-term care funding issues, and looks at proposed legislation that would require the Minister to adjust the funding provided to long-term care homes with respect to ongoing operating costs as of January 1 in a given year.

As the year comes to an end, it is with great pride that I am able to comment on the achievements of this year’s executive.

Too onerous, too cumbersome, and possibly not quite respectful enough of privacy, are some of the responses from the CBA’s End of Life Working Group to a Health Canada consultation on a monitoring regime for those seeking a doctor’s assistance to end their lives.

The Health Law Executive ended the 2016-2017 term with another special year-end dinner program. Mary Jane Dykeman was presented with the Susan Hilary Davidson Memorial Award for Excellence in Health Law. Following the award presentation, Ontario’s first Patient Ombudsman, Christine Elliott, presented on her first year in office.

On May 30, 2017, the Protecting Patients Act, 2017, (PPA) formerly known as Bill 87, received Royal Assent. The PPA amends several pieces of legislation, including the Regulated Health Professions Act, 1991 (RHPA). This article focuses on some of the major changes to the RHPA which have been brought about by the PPA.

Since the Canadian federal government introduced legislation governing medical assistance in dying (“MAiD”), the provinces and territories, which are responsible for the delivery of health care services in Canada, have adopted a variety of processes and procedures to deal with requests for MAiD.

Hospitals and other health care providers that rely on the legislation protecting information relating to quality reviews will have new requirements that come into force on July 1, 2017.

There have been several recent cases that highlight the perils of unlicensed individuals providing health care services.

The Health Law Executive ended the 2015-2016 term with a special year-end dinner program. Lonny Rosen was presented with the first inaugural OBA Susan Hilary Davidson Memorial Award for Excellence in Health Law. Following the award presentation, the Health Law Section explored the complex issues associated with medical marijuana.

Health care professionals are prohibited from engaging in sexual acts, conduct, or behaviour with their patients. It is professional misconduct to engage in such conduct, which is defined as “sexual abuse” in the governing legislation. The legislation attempts to impose a zero tolerance approach to sexual abuse. Sexual abuse involving certain frank sexual acts results in the mandatory revocation of a regulated health professional’s certificate of registration.