[36] Bill 172 Original (PDF)
b172_e#1.htm
Bill 172 1997
An Act to amalgamate The Toronto Hospital and The Ontario Cancer Institute and to amend the Cancer Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Definitions
1. In this Act, "amalgamating corporations" means The Toronto Hospital and The Ontario Cancer Institute (operating Princess Margaret Hospital) as they existed on the day before this Act comes into force; ("associations qui fusionnent") "corporation" means the corporation continuing from the amalgamation of The Toronto Hospital and The Ontario Cancer Institute under section 2. ("association") Amalgamation
2. (1) The Toronto Hospital and The Ontario Cancer Institute are amalgamated and continued as a corporation without share capital under the name of The Toronto Hospital in English and L'Hpital de Toronto in French. Composition
(2) The members of the corporation shall consist of the members of its board of trustees. Assets and liabilities
3. (1) All rights, obligations, assets and liabilities of The Toronto Hospital and The Ontario Cancer Institute become the rights, obligations, assets and liabilities of the corporation and the corporation stands in the place of The Toronto Hospital and The Ontario Cancer Institute for all purposes. Gifts, etc., to former corporations
(2) All gifts, trusts, bequests, devises and grants of property or the income or proceeds from property given to, made to or held in trust for The Toronto Hospital or The Ontario Cancer Institute or any of their units shall, in the absence of any contrary intention set out in any deed, will or document, be deemed to be given to, made to or held in trust for the corporation. Gifts, etc., to foundations
(3) All gifts, trusts, bequests, devises and grants of property or the income or proceeds from property given to, made to or held in trust for The Toronto Hospital Foundation for the use of The Toronto Hospital or The Princess Margaret Hospital Foundation for the use of the Princess Margaret Hospital or The Ontario Cancer Institute or any of their units shall, in the absence of any contrary intention set out in any deed, will or document, be deemed to have been given to, made to or held in trust for the relevant foundation for the use of the corporation. Timing
(4) Subsections (2) and (3) apply whether the deed, will or document was made before or after the coming into force of this Act. Special use
(5) All gifts, trusts, bequests, devises and grants of property or the income or proceeds from property given to, made to or held in trust for The Ontario Cancer Institute or The Princess Margaret Hospital Foundation which are deemed to be given to, made to or held in trust for the corporation under subsections (2) and (3) shall be applied to the oncology program of the corporation. Objects
4. (1) The objects of the corporation are,
(a) to establish and provide programs of patient care and community health and to equip, maintain, operate and conduct hospital, teaching and research facilities;
(b) to maintain and operate, among other priority programs, facilities known as The Ontario Cancer Institute/Princess Margaret Hospital for cancer research, diagnosis and treatment;
(c) to conduct programs of education and research in fields of health in association with the University of Toronto or with other persons; and
(d) to accept donations, gifts, legacies and bequests for use in promoting the objects of and carrying on the work of the corporation. Consultation
(2) The corporation shall, before conducting programs under clause (1) (c) with persons other than the University of Toronto, consult with the University of Toronto in the manner set out in the by-laws of the corporation. Board
5. (1) The affairs of the corporation shall be managed by a board of trustees consisting of,
(a) one trustee appointed by the Lieutenant Governor in Council for a term of three years;
(b) two trustees appointed by Cancer Care Ontario for a term of three years;
(c) four trustees appointed by The Governing Council of The University of Toronto, one of whom shall have a particular interest in oncology, for a term of three years;
(d) three trustees appointed by the council of the City of Toronto from persons nominated by the community advisory committee of the corporation, which persons are to be representatives of the communities served by the corporation, for the same term as the council that appointed them;
(e) the president of the corporation;
(f) the chair of the medical advisory committee of the corporation and the chair of the oncology subcommittee of the medical advisory committee;
(g) the president and vice-president of the medical staff, one of whom shall be a member of the oncology subcommittee of the medical advisory committee;
(h) eleven trustees elected by the financial contributors of the corporation, as defined in the by-laws, for a term up to three years as determined by by-law;
(i) one representative of the hospital auxiliary of the corporation; and
(j) such other persons as are provided for under the Public Hospitals Act. Reappointment
(2) Trustees shall serve until their successors are appointed or elected and may be reappointed or re-elected subject to any restrictions set out in the by-laws. Rotation
(3) The trustees elected under clause (1) (h) shall be retired in accordance with the by-laws of the corporation and any merger agreement entered into between the two amalgamating corporations but at least two of those trustees shall retire each year. Number may be altered
(4) The number of trustees elected under clause (1) (h) may be changed by by-law of the corporation. Double majority
(5) A by-law under subsection (4) is of no effect unless, at a meeting called for that purpose, it is passed,
(a) by a majority of votes cast by the trustees referred to in clause (1) (h); and
(b) by a majority of votes cast by all of the trustees, other than those referred to in clause (1) (h). Confirmation of by-law
(6) A by-law under subsection (4), including any repeal, amendment, or remaking of that by-law, unless confirmed by at least two-thirds of the votes cast at a meeting of the financial contributors to the corporation called for that purpose, is effective only until the next annual meeting of the financial contributors unless confirmed by the financial contributors at that annual meeting. Same
(7) If a by-law under subsection (4) is not confirmed by the financial contributors, no new by-law of the same or similar substance has any effect until confirmed at a general meeting of the financial contributors. Eligibility
(8) No member of the medical staff or employee of the corporation and no child, parent, brother, sister or spouse of a trustee is eligible for election or appointment to the board, other than as a trustee by virtue of office. Exception
(9) Despite subsection (8), the president, a dean of a health science faculty and the health sciences vice provost of the University of Toronto are eligible to be members of the board. Vacancies
(10) Vacancies on the board shall be filled for the unexpired portion of the term of the vacating member,
(a) in the case of appointed trustees, by the body making the original appointment; and
(b) in the case of elected trustees, by the remaining elected trustees from persons nominated by the chair of the board. Quorum
(11) Two-fifths of the trustees constitute a quorum for the transaction of business. No remuneration
(12) The trustees shall serve as such without remuneration but may be paid for reasonable expenses incurred by them in the performance of their duties as trustees in the amount approved by the board. Electronic communications
6. (1) The corporation may by by-law provide for meetings of the board or of the members to be held by means of telephone, electronic or other communication facilities which permit persons participating in a meeting to communicate with each other simultaneously and instantaneously and a person participating in such meeting shall be deemed to be present at that meeting. Resolution
(2) A resolution in writing, signed by the persons entitled to vote on that resolution at a meeting of the members, the board or a committee of the board is as valid as if it had been passed at a meeting of the members, board or committee. Powers
7. Subject to any express term of a specific trust, the corporation may invest its funds in such securities as are authorized by by-law without being limited to those investments authorized for trustees under the Trustee Act. Annual meeting
8. (1) The annual meeting of the corporation shall be held between April 1 and October 1 in each year on a day fixed by the board and may be combined with the annual meeting of the financial contributors as provided in the by-laws. Notice
(2) Notice of the annual or any other meeting of the corporation shall be given in the manner set out in the by-laws of the corporation. Proxy voting
9. The board may by by-law permit proxy voting by the financial contributors of the corporation in the manner set out in the by-laws. Committees
10. The board may by by-law appoint committees and delegate to any committee any of the powers of the board as set out in the by-laws. Chair
11. The board shall elect a chair from among the trustees who shall hold office for such period as may be set out in the by-laws. Officers
12. The board shall appoint a president and may appoint other officers of the corporation who may be members of the board. Voting rights
13. The board may by by-law establish voting rights and categories of persons eligible to vote at any meeting called to elect trustees, based on financial contributions or other criteria. Transition
14. (1) The members of the board of The Toronto Hospital in office immediately before the coming into force of this Act are the first trustees of the corporation and shall remain in office until their successors are elected or appointed under this Act and the by-laws of the corporation. Staff continuation
(2) Subject to the Public Hospitals Act, each person who is a member of the medical staff of The Ontario Cancer Institute, including the Princess Margaret Hospital, or The Toronto Hospital continues as a member of the medical staff of the corporation for the term of his or her appointment. Amendments to Cancer Act
15. (1) Clause 5 (c) of the Cancer Act is repealed and the following substituted:
(c) the establishment and operation of hostels in connection with its treatment centres or the hospital division operated by The Toronto Hospital known as Princess Margaret Hospital.
(2) Part II of the Act is repealed. Repeal
16. The Toronto Hospital Act, 1986 is repealed. Commencement
17. This Act comes into force on the later of January 1, 1998 or the day it receives Royal Assent. Short title
18. The short title of this Act is the Toronto Hospital Act, 1997.