Canada: Strengthening Quality And Accountability For Patients Act, 2017 Becomes Law In Ontario

Last Updated: January 17 2018
Article by Kathryn Frelick and Kristen Vandenberg, Student-At-Law

Bill 160, the Strengthening Quality and Accountability for Patients Act, 2017 (the "Act") became law on December 12, 2017, bringing some significant changes to many areas of the health industry. While some discrete portions of the Act came into force on the date of Royal Assent, most of the Act, along with supporting regulations, will come into force on a day to be named by proclamation of the Lieutenant Governor.

The Act is far reaching and amends seven acts1, repeals five acts2, and creates three new pieces of legislation.

New Legislation

1. Health Sector Payment Transparency Act, 2017

The stated intention of this legislation is to strengthen transparency and increase patient trust in the health care system. The Act makes Ontario the first Canadian province or territory to require the reporting of certain transfers of value by the pharmaceutical and medical device industry to recipients such as health professionals and hospitals. Specified information must be reported to the Minister of Health and Long-Term Care for analysis and publication in an online database.

"Payors" will be required to report information about direct and indirect transfers of value over a prescribed threshold. Transfers of value are defined broadly in the legislation and could include meals and hospitality, travel expenses, financial grants, and fees paid for consulting on speaking events, among other things.

Payors are persons and entities that provide a transfer of value to a recipient in relation to "medical products", which are defined as drugs, medical devices, or other prescribed products used in the health care system. Payors include:

  • a manufacturer that sells a medical product under its own name or trademark, or a name or mark that is owned or controlled by the manufacturer;
  • a person who fabricates, produces, processes, packages or labels a medical product on behalf of a manufacturer;
  • wholesalers, distributors, importers or brokers facilitating the sale of medical products;
  • marketing firms and individuals performing activities to market or promote a medical product;
  • persons who organize continuing education events for members of a health profession on behalf of a manufacturer; and
  • any prescribed person or entity.

Recipients are prescribed persons or entities that receive a transfer of value from a payor. Both payors and recipients are required to retain records of transactions. The Ontario government has investigation and enforcement authority with respect to the legislative requirements.

2. Oversight of Health Facilities and Devices Act, 2017

The Oversight of Health Facilities and Devices Act, 2017 (the "Oversight Act") establishes a regulatory system for the licensing and operation of community health facilities (CHFs) and energy applying and detecting medical devices (EADMDs).

Specific EADMDs that require licensing will be set out in regulation. They may include devices that are manufactured, sold, or represented for use in diagnosing or treating individuals or for restoration of body structures or functions, as well as devices used to apply or detect acoustic, electromagnetic, or particle radiation.

The definition of CHFs is expected to be clarified by regulation, and will include facilities formerly licensed under both the Private Hospitals Act and the Independent Health Facilities Act (provided certain prescribed requirements are met).

The Oversight Act requires operators of CHFs and EADMDs, including hospitals, to obtain a license, and enhances the enforcement tools available to inspectors in an effort to improve patient safety. Lastly, the Oversight Act sets out powers to inspect CHFs and the use of EADMDs.

3. Medical Radiation and Imaging Technology Act, 2017

The Medical Radiation and Imaging Technology Act, 2017 replaces the Medical Radiation Technology Act, 1991. Under this legislation, the College of Medical Radiation Technologists of Ontario is continued and expanded to become the College of Medical Radiation and Imaging Technologists of Ontario, which is reflective of its full membership. The scope of practice statement of medical radiation and imaging technology has been amended to include the application of soundwaves, which incorporates the practice of diagnostic medical sonographers.

Significant Amendments

In addition to the above, Bill 160 makes consequential amendments to numerous other acts. Some highlights which will directly affect the health industry are as follows:

  • The Ambulance Act has been amended to give wide scope to the Minister to issue operational and/or policy directives wherever it is in the public interest to do so. Among other things, these directives will allow paramedics to transport individuals by ambulance to destinations other than hospitals, and provide on-scene care, as required. Further, the legislation broadens inspectors' and investigators' powers of investigation to include examination and inspection of ambulances, vehicles, supplies, equipment, workplaces or records; and making inquiries of any person.
  • Amendments to the Long-Term Care Homes Act, 2007, Retirement Homes Act, 2010, andHealth Care Consent Act, 1996 will address gaps in the legislation related to the use of restraints and confinement, particularly provisions relating to "secure units", which never came into force. Instead, new amendments set out the circumstances in which it is permissible for a resident or patient to be restrained or confined, and address a consent-based system. In addition, s. 70 of the Retirement Homes Act, 2010 regarding permitted confinement (which has yet to be proclaimed) has been amended to clarify a licensee's obligations with respect to resident rights.
  • Further amendments to the Retirement Homes Act, 2010 give increased oversight powers to the Retirement Homes Regulatory Authority at the direction of the Minister with the stated purpose of strengthening the protection of seniors.

We note that the above summarizes just some of the many changes implemented by the Strengthening Quality and Accountability for Patients Act, 2017. We invite you to contact us if you have any questions about the new legislation or how its implementation may impact your organization.


1 The Act amends the following legislation:

  • the Ambulance Act;
  • the Excellent Care for All Act, 2010;
  • the Health Protection and Promotion Act;
  • the Long Term Care Homes Act, 2007;
  • the Health Care Consent Act, 1996;
  • the Ontario Drug Benefit Act; and
  • the Retirements Home Act.

2 The Act repeals the following legislation:

  • the Ontario Mental Health Foundation Act;
  • the Medical Radiation and Imaging Technology Act, 1991;
  • the Independent Health Facilities Act;
  • the Healing Arts Radiation Protection Act; and
  • the Private Hospitals Act.

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Kathryn Frelick
Kristen Vandenberg, Student-At-Law
Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions