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Third Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 38

THE ADDICTIONS FOUNDATION AMENDMENT ACT


Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. A60 amended

1           The Addictions Foundation Act is amended by this Act.

2           Subsection 3(2) is amended

(a) in subclause (b)(i), by striking out "hospitals and other institutions" and substituting "regional health authorities, hospitals and other organizations or institutions"; and

(b) in clause (d), by adding "organizations or" after "grants to".

3           Section 4 is amended

(a) in subsection (4) of the English version,

(i) in the section heading, by striking out "chairman" and substituting "chair",

(ii) by striking out "chairman; and he" and substituting "chair, who", and

(iii) by striking out "his" and substituting "a";

(b) by replacing subsections (5) to (7) with the following:

Term of office

4(5)        Unless a member of the board sooner resigns or is removed from office, or unless an earlier date of retirement is fixed in the order in council under which a member was appointed, each member of the board shall, subject to subsections (6) and (7), hold office for a period of three years from the date his or her appointment became effective, and thereafter until a successor is appointed.

Filling vacancies

4(6)        If a member of the board ceases to be a member before the expiration of his or her term of office, a person appointed to fill the vacancy — unless the person sooner resigns or is removed from office and unless a shorter period is fixed in the order in council under which the person was appointed — shall hold office for the remainder of the term of the member in whose place he or she was appointed, and thereafter until a successor is appointed.  An appointment to an unexpired term is not to be considered a term of office for the purpose of subsection (7).

Re-appointment of board members

4(7)        A member of the board is eligible for re-appointment for a second consecutive term of office, but after two consecutive terms of office is not eligible for further appointment until at least one year has elapsed since the expiry of his or her second consecutive term of office.

(c) in subsection (8) of the English version, by striking out "him in discharging his" and substituting "the member in discharging his or her"; and

(d) in subsection (9) of the English version,

(i) in the section heading, by striking out "Vice-chairman" and substituting "Vice-chair",

(ii) by striking out "vice-chairman" and substituting "vice-chair", and

(iii) by striking out "chairman" wherever it occurs and substituting "chair".

4           Section 5 is amended

(a) in subsection (2) of the English version, by adding "or her" after "his";

(b) in subsection (4) of the English version, by striking out "to him"; and

(c) in subsection (7), by striking out "order of the Lieutenant Governor in Council" and substituting "the minister".

5           The following is added after section 7:

Annual health plan

7.1(1)      Unless the minister directs otherwise, the foundation must prepare a proposed annual health plan for its upcoming fiscal year and submit it to the minister at the time and in the form the minister requires.

Consultations

7.1(2)      In preparing a proposed health plan, the foundation must consult with regional health authorities and with any other persons the foundation considers appropriate, or as the minister may direct.

Content of plan

7.1(3)      A proposed health plan must

(a) state how the foundation proposes to carry out its objects and exercise its powers under this Act, consistent with any priorities set by the minister;

(b) include a comprehensive financial plan that sets out the foundation's funding requests and states how the funding will be allocated; and

(c) deal with any other matters and contain any other information the minister requires.

Role of the minister

7.1(4)      The minister may approve a proposed health plan as submitted, or may refer it back to the foundation with any directions the minister considers appropriate.

Re-submission

7.1(5)      If the minister refers a proposed health plan back to the foundation, the foundation must comply with the minister's directions and re-submit it to the minister, in which case subsection (4) applies.

Changes

7.1(6)      The foundation must submit the following changes to the minister for approval:

(a) any change the foundation wishes to make to an approved health plan during the fiscal year;

(b) any proposed change to an approved health plan respecting matters specified by the minister during the fiscal year, within the time the minister requires.

Subsections (4) and (5) apply to changes submitted to the minister.

6           The following is added after subsection 8(1):

Limitation

8(1.1)      The foundation must manage and allocate its resources, including funds provided to it by the minister or a regional health authority, in accordance with

(a) a health plan approved under section 7.1;

(b) any directions given to it under section 8.1; and

(c) any agreement the foundation has entered into with a regional health authority.

7           The following is added after section 8:

Directions

8.1(1)      The minister may give directions to the foundation as to how it must use the funding provided to it by the minister or a regional health authority, and as to the organization and delivery of services.

Foundation to comply with directions

8.1(2)      The foundation must comply with any directions the minister has given.

8           Subsection 13(1) is amended by striking out "Minister of Finance" and substituting "minister".

Coming into force

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

Explanatory Note

This Bill amends The Addictions Foundation Act.  The key changes are:

  • The foundation must submit an annual health plan to the minister that sets out how the foundation will manage its resources.
  • The minister may give directions to the foundation in relation to the use of its funds.
  • Board members are limited to two consecutive terms of office of three years each.
  • The wording of the Act is made gender neutral.