On October 12, 2017, the Hospitals Branch of Ontario’s Ministry of Health and Long-Term Care (the “Ministry”) issued a Hospital Naming Directive (the “Directive”). The Directive requires all public hospitals within the meaning of Ontario’s Public Hospitals Act to obtain the written approval of the Minister of Health and Long-Term Care (“Minister”) before adopting a new corporate or business name. The Directive applies to hospital corporations, hospital sites, individual hospital buildings where the building comprises all or substantially all of a hospital site and alliances, partnerships, and other associations between or among hospital corporations. It does not apply to hospital wings, hospital buildings that do not comprise all or substantially all of a hospital site, research or treatment centres, or programs or services. The Directive governs both names for new entities as well as new names for existing entities. The Directive is intended, among other things, to ensure that hospital names reflect their role as publicly-supported organizations operating within a universal, publicly funded health care system.
Proposed new names must not include corporate or business names of corporate donors or names of individuals or families, and must not give rise to a public perception that a donor will unduly influence hospital practices or operations or undermine public confidence in hospitals or the health care system. The Directive requires new names to be consistent with the vision, mission and values of the hospital and to include references to at least one of the following criteria: the geographic location of the hospital, its service or clinical mandate, the patient population it serves, the cultural heritage of its patient population or its history.
Every hospital that seeks a name change must prepare and submit to the Ministry a comprehensive package that includes the proposed new name in full, the rationale for the name change and for the proposed new name, evidence that the name change has been approved by the hospital board(s) of directors and CEO(s), together with endorsement from the hospital’s Patient and Family Council and details of any consultations undertaken with the public and with the local health integrated network (“LHIN”) on the proposed new name.
Hospitals are required to consult with the public and with their respective LHIN prior to undertaking a name change and to include a written endorsement from the LHIN’s board chair in their submission to the Ministry for approval of the name.
In determining whether or not to grant approval to a proposed name, the Minister may consider any matter that he or she regards as relevant, including whether the new name will give rise to a public perception that a donor will unduly influence hospital practices or operations or will undermine public confidence in hospitals or the health care system.
The Directive is clear that meeting all of the naming criteria and submission requirements is no guarantee of approval and provides that the Minister’s decision is final and not subject to review or appeal. Hospitals may request an exemption from any of the submission or approval requirements, which the Minister may grant where he or she deems it necessary or appropriate.
It should be noted that, as described above, although the Directive gives the Minister the authority to make decisions regarding whether or not a new name should be approved, it requires submissions for approval to be made to the Ministry and not to the Minister directly.
The processes outlined in the Directive are in addition to any other requirements for registering names or filing letters patent under any other applicable legislation. There are concerns that the Directive will have an adverse effect on hospitals’ ability to secure large donations and hospitals should be cautious in how they deal with prospective donors. All hospitals within the meaning of the Public Hospitals Act, including their boards and management, will need to become familiar with the new requirements set out under the Directive.