A A A

Second Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 50

THE REGIONAL HEALTH AUTHORITIES AMENDMENT (ACCOUNTABILITY) ACT


Explanatory Note

(Assented to                                         )

WHEREAS regional health authorities are responsible for providing for the delivery and administration of health services in Manitoba;

AND WHEREAS the Minister of Health can issue binding directions to regional health authorities who must be able to comply with those directions in order to carry out their responsibilities;

AND WHEREAS regionalization in Manitoba preserves a significant role for health corporations with their own boards of directors;

AND WHEREAS agreements between regional health authorities and health corporations provide, in the normal course, a sufficient framework for resolving issues that arise as regional health authorities carry out their responsibilities;

AND WHEREAS there may be exceptional circumstances in which issues arise that cannot, despite reasonable efforts, be resolved within the framework of those agreements;

AND WHEREAS there is a need to strengthen and clarify lines of accountability within the regionalized structure — a need that was recognized in the Report of the Review and Implementation Committee for the Report of the Manitoba Pediatric Cardiac Surgery Inquest;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. R34 amended

1           The Regional Health Authorities Act is amended by this Act.

2           The following is added after section 29:

Regional health authority may give directions

29.1(1)     A regional health authority may give a direction to a health corporation that provides health services within its health region.

Directions re services provided and use of funds

29.1(2)     A direction given to a health corporation may relate only to matters that have a region-wide impact on the regional health authority's responsibility to coordinate and integrate health services and facilities in its health region, including planning, standards, and the allocation of financial and other resources.

Limitation on direction

29.1(3)     A direction given to a health corporation may not

(a) relate to aspects of the health corporation's activities for which the regional health authority does not provide funds;

(b) require the health corporation to sell, transfer pursuant to section 46, encumber or otherwise dispose of the property or operation of the health corporation;

(c) require closure of a facility operated by the health corporation; or

(d) require a change in the composition of the board of directors of the health corporation.

Direction to be in writing, with reasons and filed

29.1(4)     The regional health authority must give the direction in writing and include reasons for giving it.  The direction must be signed by the chief executive officer of the regional health authority, and a copy of it must be filed with the minister.

Consultation required before direction may be given

29.1(5)     A direction under this section may be given only if

(a) the normal processes contemplated by any agreement under Division 3.1, including consultation and cooperation, fail to resolve the issue that is the subject matter of the potential direction; and

(b) the regional health authority has made reasonable efforts to consider and accommodate the position of the health corporation on the matter.

Directions to be complied with

29.2        Subject to section 29.3, a health corporation shall comply with a direction given under section 29.1, notwithstanding any other Act, including a private Act, or any regulation, articles of incorporation or by-law.

Limitation on direction: religious organizations

29.3(1)     A direction given under section 29.1 to a health corporation that is owned and operated by a religious organization must

(a) not be inconsistent with any agreement that the health corporation has entered into under subsection 5(2); and

(b) be consistent with the following principles:

1.  The health corporation may continue to respond to the spiritual and religious needs of its residents or patients, and to provide care and services in a manner that is consistent with the fundamental principles of the religion or faith to which it adheres.

2.  The health corporation may continue

(i) to own and operate its facilities,

(ii) to retain the identity of the facilities as faith-sponsored facilities, and

(iii) to be governed by a board of directors appointed or elected by the religious organization.

Request to refer matter to arbitration

29.3(2)     If a health corporation owned or operated by a religious organization believes a direction is not in keeping with subsection (1), it may request that the matter be referred to arbitration.  Such a request must be given to the regional health authority and the minister, within seven days after the health corporation receives the direction.

Appointment of arbitrator

29.3(3)     The parties may appoint an arbitrator selected by them jointly to conduct an arbitration under this section, but if they fail to do so within 10 days after the minister receives a request to refer a matter to arbitration, the minister shall select and appoint an arbitrator to determine the matter.

Arbitrator to hold hearing and file report

29.3(4)     Within 45 days after the appointment, or such longer period as the parties may agree to, the arbitrator shall

(a) hold a hearing on the matter of whether the direction is in keeping with subsection (1); and

(b) determine the matter and file a report with the parties.

Report binding

29.3(5)     The arbitrator's report is final and binding.

3           Clause 56.1(1)(a) is amended by striking out "or" at the end of subclause (iii), and by adding the following after subclause (iv):

(v) the health corporation has failed to perform a duty under this Act or the regulations; or

4           Clause 60(q) is replaced with the following:

(q) respecting the sharing of personal health information and other information between a trustee, as defined in The Personal Health Information Act, and the minister, or between trustees, to resolve complaints.

Coming into force

5           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill enables a regional health authority to give direction to a health corporation, subject to a number of conditions, including the following:

  • a direction may not relate to activities of the health corporation that are not funded by the regional health authority;
  • a direction may not require a health corporation to sell or close a facility or change the composition of its board of directors;
  • a direction may only be given after reasonable efforts have been made to resolve the issue that is the subject matter of the potential direction.

Additionally, if the health corporation is owned or operated by a religious organization, any direction given is to be in keeping with existing agreements and principles that are enumerated in this Bill.  If such a health corporation believes a direction is not in keeping with an agreement or those principles, arbitration is available.

The Bill also provides that a regulation may be made respecting the sharing of personal health information to resolve complaints.