The Ontario Ministry of Health and Long-Term Care (the
"Ministry") has issued a memorandum requesting that
all public hospitals in Ontario consult with the Ministry
when considering changes to their legal, business or operating
names. It is unclear at this time whether this request
applies also to business and operating names of specific programs
and initiatives. Hospitals should be on notice that this is a
change to the current practice.
It is our understanding that the Ministry is in the process of
developing the criteria according to which name change requests
will be considered. However, at this time there are no
guidelines available on the consultation process.
Once the new Not-for-Profit Corporations Act, 2010
(Ontario) (the "New Act") comes into force, Hospitals
will be required to seek the prior approval of the Ministry to
change their legal name. As reported in our
September 28, 2015 Health Communique, the New Act has been
further delayed and the Ministry of Government and Consumer
Services will provide 24 months' notice before it is proclaimed
into force. The new Ministry name consultation requirement
has been introduced in anticipation of this pending change of law
to ensure consistency in naming practices.
If you are considering obtaining or changing legal, business or
operating names for your hospital, its programs or initiatives,
Miller Thomson is pleased to assist you in navigating the new
Ministry consultation process.
Miller Thomson's Health Industry Group will continue to
monitor any further developments and will keep you apprised of any
further information as it becomes available.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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