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Bill 62, Public Health Accountability Act (In Honour of Dr. Sheela Basrur), 2025

Chamber

ontario

Stage

Introduced

This Ontario bill makes the Chief Medical Officer of Health an independent officer of the Legislature, not a government appointee.

Key Changes

  • The Chief Medical Officer of Health becomes an officer of the Legislative Assembly, not a government appointee
  • The CMOH is appointed by a unanimous multi-party panel and confirmed by the Assembly, rather than by Cabinet
  • The CMOH serves a fixed five-year term, renewable once, and can only be removed by a two-thirds vote of MPPs
  • A temporary CMOH can be appointed by the Assembly or the Board of Internal Economy if the office becomes vacant or the CMOH cannot serve
  • A mandatory all-party select committee must be struck during any declared public health emergency to advise and receive advice from the CMOH
  • Section 86.3 of the Health Protection and Promotion Act is repealed (a provision previously governing the CMOH's role)

Gotchas

  • The current CMOH at the time of Royal Assent is grandfathered in and deemed to be in their first term, meaning their prior service counts toward the five-year limit
  • If the Assembly is not in session (prorogued or adjourned more than 7 days), the Board of Internal Economy can suspend or appoint a temporary CMOH, but any such suspension expires after the 20th sitting day of the next session
  • The select committee during emergencies must have equal representation from recognized parties, which could differ from normal committee composition rules in the Standing Orders
  • The select committee dissolves three months after the emergency ends, but continues if a new qualifying emergency is declared before dissolution
  • The CMOH has 60 days after appointment to opt out of the Public Service Pension Plan, and that decision is irrevocable
  • This is a private member's bill (introduced by opposition MPPs), meaning it faces a lower likelihood of passage without government support

Who's Affected

  • The Chief Medical Officer of Health and Associate Chief Medical Officer of Health
  • The Ontario Legislative Assembly and all recognized political parties
  • Ontario residents during public health emergencies
  • The provincial government, which loses direct control over appointing the CMOH
  • Public health agencies and institutions that work with the CMOH

Summary

Bill 62 changes how Ontario's Chief Medical Officer of Health (CMOH) is appointed and protected. Instead of being appointed by the provincial government (Cabinet), the CMOH would become an officer of the Legislative Assembly — similar to the Auditor General or Ombudsman — appointed by all parties together through a multi-party panel. This is meant to make the role more independent from political pressure. The bill sets a five-year term (renewable once) for the CMOH, and requires a two-thirds vote of all MPPs to remove them from office. It also creates rules for temporary appointments if the CMOH cannot serve. The bill is named in honour of Dr. Sheela Basrur, a respected Toronto and Ontario public health official who served during the 2003 SARS outbreak. The bill also requires that a special all-party select committee be formed whenever a public health emergency is declared in Ontario. This committee would work with the CMOH during the emergency to share and receive advice, providing legislative oversight during health crises like pandemics.

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