Legislative Update: Bills Before the Ontario Legislature of Interest to Professionals

By Jo-Anne Pickel

A number of Bills currently before the Ontario Legislature are of interest to both teachers and health professionals and the Unions that represent them. The following is a list of the Bills that are of greatest interest with a brief description as well as an update as to their status.

Long-Term Care Homes Act, 2006 (Bill 120)

The Bill establishes a new system of governance for long-term care homes in Ontario. It replaces the Nursing Homes Act, the Charitable Institutions Act and the Homes for the Aged and Rest Homes Act. The Bill includes the following:

• Whistle blowing protections for staff, residents and volunteers;
• A requirement that a registered nurse be on duty in the home 24 hours per day, 7 days per week;
• A restriction on the use of restraints to a limited circumstances where they are deemed necessary and with appropriate safeguards; and
• Residents’ Bill of Rights provisions that entitle residents that, among other things, seeks to provide protections from abuse and neglect.

The Bill passed Second Reading in the legislature on December 5, 2006 and has now been referred to the Standing Committee on Social Policy.

Mandatory Blood Testing Act, 2006 (Bill 28)

Bill 28 will make changes to the process by which persons may apply for mandatory blood testing of another person if the person came into contact with a bodily substance from that person.

• The Bill would repeal and replace section 22.1 of the Health Protection and Promotion Act. This section allows a person who came into contact with a bodily substance of another person to apply to a medical officer of health to order the mandatory blood testing of the other person.
• Bill 28 would shorten the length of time for the process and transfer the power to make an order for mandatory blood testing from a medical officer of health to the Consent and Capacity Board.
• The Bill also includes a slightly expanded list of circumstances in which an application for a mandatory blood test can be made.

The Bill is currently being considered by a legislative committee, following which it will undergo third reading in the legislature before it is passed.

Safe Needles Save Lives Act, 2006 (Bill 30)

This Bill would require employers in certain workplaces to provide for and ensure the use of safety-engineered medical sharps in any circumstance where a worker is required to use a medical sharp.

• The Bill places a duty on employers, in workplaces identified by government regulation, to ensure that a safety-engineered medical sharp is provided and used if one is commercially available and appropriate for the specific task or procedure.
• Employers will also be required to provide instruction and training to workers who are required to use a medical sharp, or who may otherwise come into accidental contact with a medical sharp.

Bill 30 has been referred to the Standing Committee on Regulations and Private Bills on November 16, 2006. No public hearings have yet been announced.

Traditional Chinese Medicine Act, 2006 (Bill 50)

This Bill establishes a system to regulate the profession of traditional Chinese medicine.

• Practitioners of Traditional Chinese Medicine and Acupuncturists will be required to become members of the new College of Traditional Chinese Medicine Practitioners of Ontario in order to practice lawfully in Ontario.
• The new self-governing College will enforce standards of practice and practice requirements for the profession. It will also put in place a complaints and disciplinary process.
• The new College will have the authority to grant the use of the title of ‘doctor” to certain members of the College who meet established standards.
• The Health Professions Procedural Code will apply to the new College.

Bill 50 has passed Third Reading in the legislature but has yet to receive Royal Assent.

Education Bills

A number of Bills of interest to the education sector are also before the Ontario legislature. Of particular interest are the following:

• Education Amendment Act (Community Involvement), 2006 (Bill 19 ) – The Bill will amend the Education Act to permit the Minister of Education and Training to require that students complete at least 60 hours of community involvement activities before receiving their Ontario Secondary School Diploma. The Bill has been referred to the Standing Committee on Social Policy.

• Education Amendment Act (Learning to Age 18), 2006 (Bill 52) – The Bill will amend the Education Act to raise the compulsory school attendance age from 16 to 18 and to provide for the development of “equivalent learning” opportunities for pupils, i.e. learning opportunities that fall outside the instruction traditionally provided by a school board. The Bill is currently undergoing Third Reading in the legislature.