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[37] Bill 64 Original (PDF)

Bill 64 2003

An Act to amend the
Health Insurance Act
to satisfy the criteria for contribution
by the Government of Canada
set out in the Canada Health Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Health Insurance Act is amended by adding the following preamble:

Preamble

The people of Ontario recognize that continued access to quality health care without financial or other barriers is critical to maintaining and improving the health and well-being of Ontarians.

The people of Ontario wish to have the Ontario Health Insurance Plan satisfy the criteria set out in the Canada Health Act so that the Province of Ontario qualifies for receiving the full cash contribution from the Government of Canada described in that Act. Those criteria are: public administration, comprehensiveness, universality, portability and accessibility.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

. . . . .

2. (1) Subsection 11.2 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 8, is repealed and the following substituted:

Insured services

(1) All insured health services within the meaning of the Canada Health Act are insured services for the purpose of this Act.

(2) Subsections 11.2 (4) and (5) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 8, are repealed.

3. (1) Subsection 17.1 (4) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 12, is repealed and the following substituted:

Restriction on amount

(4) The regulations may not provide that the basic fee for an insured service is nil.

(2) Subsections 17.1 (6) and (7) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 12, are repealed.

4. Subsection 17.2 (4) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 12, is repealed.

5. Subsection 45 (3.3) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule H, section 35, is repealed and the following substituted:

Restriction

(3.3) Despite anything in this Act, no regulation made under this Act may include a provision that would disqualify the Province of Ontario, under the Canada Health Act, for contribution by the Government of Canada because the Plan would no longer satisfy the criteria under that Act.

Commencement

6. This Act comes into force on the day it receives Royal Assent.

Short title

7. The short title of this Act is the Health Insurance Amendment Act, 2003.

EXPLANATORY NOTE

The Bill amends the Health Insurance Act so that the Ontario Health Insurance Plan satisfies the criteria set out in the Canada Health Act and the Province of Ontario qualifies for receiving the full cash contribution from the Government of Canada described in that Act. Those criteria are: public administration, comprehensiveness, universality, portability and accessibility.

As part of achieving the objective, the Bill prohibits the Lieutenant Governor in Council from making regulations that would disqualify the Province of Ontario, under the Canada Health Act, for contribution by the Government of Canada because the Ontario Health Insurance Plan would no longer satisfy the criteria under that Act.