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The Health Services Insurance Amendment and Consequential Amendments Act

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S.M. 1992, c. 35

The Health Services Insurance Amendment and Consequential Amendments Act

(Assented to June 24, 1992)

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

C.C.S.M. c. H35 amended

1           The Health Services Insurance Act is amended by this Act.

2           Subsection 2(1) is amended:

(a) by adding the following definition in alphabetical order:

"board" means the Manitoba Health Board established under section 9; («Conseil»)

(b) by repealing the definition "commission";

(c) in the definition "employer", by striking out "the Crown in right of the province" and substituting "Her Majesty in right of the province";

(d) in the definition "hospital", by striking out "commission" and substituting "minister";

(e) in clause (b) of the definition "out-patient", by striking out "by the commission or by an officer or employee of the commission authorized by it for that purpose" and substituting "by the minister or by an officer or employee authorized by the minister for that purpose";

(f) by repealing the definition "personal care home" and substituting the following:

"personal care home" means a personal care home designated in the regulations; («foyer de soins personnels»)

3           Subsection 2(3) is amended by striking out "satisfies the commission as to those facts and files with it a written request" and substituting "satisfies the minister as to those facts and files with the minister a written request".

4           Sections 3 to 26 are repealed and the following is substituted:

Minister responsible for administration of plan

3(1)        The minister is responsible for the administration and operation of the plan.

Powers of minister

3(2)        The minister has the power

(a) to provide insurance for residents of the province in respect of the costs of hospital services, medical services and other health services, and personal care;

(b) to plan, organize and develop throughout the province a balanced and integrated system of hospitals, personal care homes and related health facilities and services commensurate with the needs of the residents of the province;

(c) to ensure that adequate standards are maintained in hospitals, personal care homes and related health facilities, including standards respecting supervision, licensing, equipment and inspection, or to make such arrangements as the minister considers necessary to ensure that adequate standards are maintained;

(d) to provide a consulting service, exclusive of individual patient care, to hospitals and personal care homes in the province or to make such arrangements as the minister considers necessary to ensure that such a consulting service is provided;

(e) to require that the records of hospitals, personal care homes and related health facilities are audited annually and that the returns in respect of hospitals which are required by the Government of Canada are submitted; and

(f) in cases where residents do not have available medical services and other health services, to take such measures as are necessary to plan, organize and develop medical services and other health services commensurate with the needs of the residents.

Contracts and agreements

3(3)        The minister may enter into contracts and agreements with any person or group of persons that the minister considers necessary for the purposes of this Act.

Grants

3(4)        The minister may make grants to any person or group of persons for the purposes of this Act on such terms and conditions as the minister considers advisable.

Minister may delegate

3(5)        The minister may, in writing, delegate to any person any power, authority, duty or function conferred or imposed upon the minister under this Act or the regulations.

Records

4           The minister shall ensure that full and accurate records of the proceedings, transactions and finances of the plan are prepared and maintained.

Annual budget

5(1)        The minister shall ensure that an annual budget for the plan is prepared before the beginning of each fiscal year.

Fiscal year

5(2)        The fiscal year of the plan commences on April 1 of each year and ends on March 31 of the following year.

Financial statements

6(1)        The minister shall, annually within three months after the end of the fiscal year of the plan, cause to be prepared audited financial statements of the plan showing separately the expenditures for hospital services, medical services and other health services.

Annual report

6(2)        The minister shall cause to be prepared an annual report which shall include the financial statements referred to in subsection (1), and the minister shall table a copy of the annual report before the Legislative Assembly within 15 days of receiving it if the Legislative Assembly is then in session, or if it is not then in session, within 15 days of the beginning of the next session.

Audit

7           The Provincial Auditor, or another auditor designated by the Provincial Auditor, shall at least once annually examine and audit the accounts of the plan, prepare a report with respect to that audit and provide a copy of the report to the minister.

Insurance Act does not apply

8           The Insurance Act does not apply to the plan or to insurance in respect of hospital services, medical services or other health services or personal care provided under this Act.

Manitoba Health Board established

9(1)        The Manitoba Health Board is established consisting of not less than five members appointed by the Lieutenant Governor in Council.

Term of office

9(2)        A member shall be appointed to hold office for the term specified in the order by which he or she is appointed, and shall continue to hold office until the member is reappointed, a successor is appointed or the appointment is revoked.

Chairperson and vice-chairperson

9(3)        The Lieutenant Governor in Council shall designate one of the members to be chairperson of the board and another to be vice-chairperson.

Remuneration and expenses

9(4)        The members of the board shall be paid remuneration and receive reasonable expenses from the fund at rates determined by the Lieutenant Governor in Council.

Duties

9(5)        The board shall

(a) hear and determine appeals made under section 10;

(b) perform any other duties assigned by this or any other Act of the Legislature or any regulation; and

(c) perform any other duties assigned by the minister.

Quorum

9(6)        Except where provided otherwise in this or any other Act of the Legislature or any regulation respecting the board, any three members of the board constitute a quorum and are sufficient for the performance of all functions and duties of the board.

Panels

9(7)        The board may sit in panels of at least three members.

Reference to board

9(8)        A reference to the board in this or any other Act of the Legislature or any regulation respecting the board includes any panel of the board.

Decision of board

9(9)        A decision or action of the majority of the members of a panel or of the majority of the members of the board constituting a quorum is a decision or action of the board.

Procedure

9(10)       The board may establish its own rules of practice and procedure, including rules respecting meetings and hearings, not inconsistent with this or any other Act of the Legislature or any regulation respecting the board.

Administrative support

9(11)       The minister may provide such clerical and administrative support to the board as the minister may consider necessary to enable it to carry out its duties and functions.

Limitation of liability

9(12)       No member of the board is personally liable for any act done in good faith in the performance or intended performance of a duty or function or in the exercise or intended exercise of a power under this or any other Act of the Legislature or any regulation.

Right of appeal

10(1)       An appeal may be made to the board by a person

(a) who has been refused registration as an insured person under this Act or the regulations;

(b) who has been denied entitlement to a benefit under this Act or the regulations;

(c) who has been refused an approval to operate a laboratory or a specimen collection centre, on whose approval conditions have been imposed, or whose approval has been revoked under subsection 127(1);

(d) who has been refused an approval to operate a personal care home, on whose approval conditions have been imposed, or whose approval has been revoked under section 118; or

(e) prescribed by the regulations as being entitled to appeal to the board.

Notice of appeal

10(2)       An appeal under this Act or the regulations shall be commenced by a notice of appeal, setting out the grounds for appeal, which must be mailed or delivered to the board not more than 30 days after the date on which the appellant receives notice of the decision that is appealed, or within such further time as the board permits.

Notice to person who made decision

10(3)       The board shall promptly provide a copy of the notice of appeal to the person who made the decision that is appealed.

Informal proceedings

10(4)       An appeal under this section shall be conducted on an informal basis, and the board is not bound by the rules of law respecting evidence applicable to judicial proceedings.

Powers of board on appeal

10(5)       On considering an appeal under this Act or the regulations, the board may

(a) confirm, set aside or vary the decision in accordance with the provisions of this Act and the regulations; or

(b) refer the matter back to the person authorized to make the decision for further consideration in accordance with the board's instructions.

Panels

10(6)       The board may appoint a panel of not less than three of its members for the purpose of considering an appeal under this section, and a decision of a majority of the panel is the decision of the board.

Continuation after loss of panel member

10(7)       If, after a panel has commenced considering an appeal under this section, a member of the panel dies, resigns, or otherwise becomes incapable of acting, the remaining members of the panel may complete the appeal and render a decision and the decision is valid as though the remaining members constituted a full panel.

5           Section 27 is amended

(a) by striking out "Moneys" and substituting "Despite The Financial Administration Act, moneys" at the beginning of the section;

(b) by striking out "commission" and substituting "minister,"; and

(c) by striking out "may pay over to it" and substituting "may pay over to the fund".

6           Section 28 is amended by striking out "in the custody and control of the commission on behalf of Her Majesty in right of the province".

7           Section 29 is amended

(a) by striking out the words preceding clause (a), and substituting "Despite The Financial Administration Act, the following shall be placed to the credit of the fund when received for the purposes of this Act:";

(b) in clause (a), by striking out "by or for the commission";

(c) in clause (c), by striking out "to the commission, on its requisition," and substituting "to the minister, on the minister's requisition,";

(d) in clause (e), by striking out "commission" and substituting "minister under this Act"; and

(e) in the French version, by striking out "de" where it first occurs in clauses (a), (b), (c) and (e) and by striking out "des" in clause (d) and substituting "les".

8           Section 30 is repealed and the following is substituted:

Payments from the fund

30          The minister shall pay from the fund such amounts as are required to be paid for the purposes of this Act.

9(1)        Subsection 31(1) is repealed and the following is substituted:

Banking

31(1)       Subject to subsection (2), the minister shall deposit and keep deposited in a bank, trust company, credit union or other similar financial institution all amounts credited to the fund.

9(2)        Subsection 31(2) is amended by striking out "the commission shall pay over any surplus funds to the Minister of Finance for investment for and on behalf of the commission" and substituting "the minister shall pay over any surplus funds to the Minister of Finance for investment for and on behalf of the fund".

10(1)       Subsection 32(1) is amended by striking out "the Minister of Finance may pay to the commission such amounts as may from time to time be requisitioned by the commission" and substituting "the Minister of Finance may pay to the fund such amounts as may from time to time be requisitioned by the minister".

10(2)       Subsection 32(2) is amended by striking out "commission" and substituting "fund".

11          In the following provisions, "commission" is struck out wherever it occurs in the section heading or in the provision and "minister" is substituted:  37, 38, 39, 44, 46(2), 48, 50(2), 50(3), 52, 53(1), 53(2), 54(1), 55, 60(2), 60(3), 65, 68(1), 72, 74, 75(2), 75.1, 75.2, 76(1), 76(2), 80(1), 80(2), 81, 83, 84, 86(1), 86(2), 86(3), 87, 88, 89(2), 91(1), 92, 93, 95.1(2), 95.1(3), 95.1(4), 98(1), 98(2), 99, 99.2(1), 99.2(2), 100, 102(1), 102(2), 104(1), 105, 107, 108, 120, 125(2), 128(1), 128(2) and 129.

12          Section 40 is amended

(a) by striking out "commission" wherever it occurs and substituting "minister"; and

(b) by striking out "as may be prescribed by" and substituting "as may be approved by".

13          Clause 42(b) is amended

(a) by striking out "commission, an agent," and substituting "minister"; and

(b) by striking out "made under this Act" and substituting "made under this Act or the regulations".

14          Section 45 is repealed.

15          Clause 46(1)(c) is amended by striking out "by the commission".

16          The definition "hospital" in subsection 54(2) is amended by striking out "and that is named in the regulations" and substituting "and that is approved by the minister".

17          Section 56 is repealed and the following is substituted:

Designation of budget officer

56          The minister shall designate a budget officer or officers for the purposes of this Act.

18          Clause 57(1)(b) is amended by striking out "facilities in Manitoba for the treatment of" and substituting "facilities or services in Manitoba respecting the treatment or diagnosis of".

19(1)       Subsection 57(1.1) is amended

(a) in the section heading, by striking out "chief";

(b) in that part of the subsection that precedes clause (a), by striking out "the chief budget officer" and substituting "a budget officer"; and

(c) by striking out "commission" wherever it occurs and substituting "minister".

19(2)       Subsections 57(2), (3) and (4) are repealed and the following is substituted:

Notification of hospital

57(2)       On examining the budget of a hospital and recommending rates in respect of the hospital as provided in subsection (1.1), the budget officer shall notify the hospital of the budget and rates to be recommended, and the hospital may, within 30 days of such notification, request that the budget officer change the budget and rates to be recommended.

Recommendation to minister

57(3)       If the hospital does not request changes, or if changes are requested and a decision is made respecting them, the budget officer shall provide a recommendation to the minister as to a budget and rates for the hospital and shall notify the hospital to that effect.

Hospital may request referral

57(4)       A hospital that is dissatisfied with the recommended budget or rates may, within 30 days after receiving notice under subsection (3), request that the minister refer the matter to the board.

Referral to the board

57(5)       If a hospital requests a referral under subsection (4), the minister shall refer the matter to the board and the board shall hear the matter and make a recommendation to the minister, but the minister is not bound by the board's recommendation.

20          Sections 58 and 59 are repealed and the following is substituted:

Rates

58          On the expiration of the time for a hospital to request a referral to the board under subsection 57(4) or, if a referral has been made, on a recommendation being made by the board under subsection 57(5), the minister shall approve a budget for the hospital and establish a rate of payment in respect of that hospital.

21          Subsection 60(1) is amended

(a) in the section heading, by striking out "commission" and substituting "minister";

(b) by striking out "it appears to the commission from an examination of the accounts of a hospital that the sum of the amounts paid by it" and substituting "it appears to the minister from an examination of the accounts of a hospital that the sum of the amounts paid by the minister"; and

(c) by striking out "the commission may retain such portion as it deems advisable" and substituting "the minister may retain such portion as the minister deems advisable".

22          Section 61 is amended by striking out ", 59 ".

23          Section 62 is amended by striking out "commission may prescribe" and substituting "minister may require".

24          Section 63 is repealed and the following is substituted:

Power to inspect and audit

63          The minister may cause the books, accounts and records of any hospital or other health care facility that has received payments under this Act to be inspected or audited, or both, at any time, and may require the hospital or facility to verify, in a manner acceptable to the minister, any information submitted to the minister.

25          Section 64 is amended by striking out "those established in regulations made by the commission" and substituting "the rates established by the minister".

26          Section 67 is repealed.

27          Section 69 is amended

(a) in that part preceding clause (a), by striking out "commission" and substituting "minister";

(b) in clause (a), by striking out "assigns to the commission out of funds payable by it" and substituting "assigns to the minister out of funds payable by the minister"; and

(c) in clause (b), by striking out "commission" and substituting "minister".

28          Section 70 is amended by striking out "No hospital or personal care home" and substituting "No hospital, personal care home or other health care facility".

29          Section 71 is amended

(a) by striking out "the commission shall provide insurance" and substituting "the minister shall provide insurance"; and

(b) by striking out "in the same manner as it provides insurance" and substituting "in the same manner as the minister provides insurance".

30          Section 73 is repealed.

31          Subsection 75(1) is amended by striking out "75.1" and substituting "75.1.1".

32          The second provision numbered as section 75.1 (Particulars of claims) is renumbered as section 75.1.1 and is amended by striking out "commission" and substituting "minister".

33          Section 82 is amended by striking out "The commission may file a duplicate original of any order of the medical review committee made under subsection 80(1)" and substituting "A duplicate original of an order of the medical review committee made under subsection 80(1) may be filed".

34(1)       Subsection 85(1) is amended by striking out "commission" and substituting "minister or a person engaged in the administration of this Act or the regulations, the board".

34(2)       Subsection 85(2) is amended by striking out "commission" and substituting "minister or a person engaged in the administration of this Act or the regulations, the board".

34(3)       The following is added after subsection 85(2):

Exception re order of medical review committee

85(3)       Notwithstanding subsection (1), the minister or the medical review committee may disclose information respecting an order made by the medical review committee under section 80, including

(a) the name of the medical practitioner affected by the order;

(b) the amount the medical practitioner has been required to pay by the order; and

(c) the reasons for the order;

provided that no information which could reasonably be expected to identify a patient who has received medical services from the medical practitioner shall be disclosed.  

35          Subsection 89(1) is amended by striking out "The commission may pay to the government" and substituting "The minister may pay from the fund to the Minister of Finance".

36          Section 94 is amended

(a) by striking out "commission" wherever it occurs and substituting "minister"; and

(b) by striking out "in a form prescribed by" and substituting "in such form as may be required by".

37          Subsection 97(3) is repealed and the following is substituted:

Cost of hospital services

97(3)       For the purpose of this section, the cost of insured hospital services shall be the per diem rate approved by the minister.

38          Section 99.1 is amended by striking out "commission's" wherever it occurs.

39          Subsection 99.2(3) is amended

(a) by striking out "commission" in the section heading and in the subsection and substituting "minister";

(b) by striking out "its right" and substituting "the minister's right"; and

(c) by striking out "as it considers appropriate" and substituting "as he or she considers appropriate".

40(1)       Subsection 104(2) is amended

(a) by striking out "commission" and substituting "minister"; and

(b) by striking out "of its intention to appeal" and substituting "of his of her intention to appeal".

40(2)       Subsection 104(3) is amended

(a) by striking out "commission" wherever it occurs in the subsection and substituting "minister"; and

(b) by striking out "decides not to appeal it may," and substituting "decides not to appeal the minister may,".

41(1)       Subsection 106(1) is amended

(a) by striking out "commission" wherever it occurs in the section heading and in the subsection and substituting "minister"; and

(b) by striking out "in its own name" and substituting "in the name of Her Majesty in right of the province".

41(2)       Subsection 106(2) is amended

(a) by striking out "commission" and substituting "minister"; and

(b) by adding "in the name of Her Majesty in right of the province" after "bring an action".

42          Section 109 is amended

(a) in the section heading by striking out "commission's" and substituting "minister's"; and

(b) by striking out "commission" wherever it occurs in the section and substituting "minister".

43(1)       Subsection 110(1) is amended by striking out "the commission may bring an action in its own name within 3 months from the date it receives notice" and substituting "the minister may bring an action in the name of Her Majesty in right of the province within 3 months from the date the minister receives notice".

43(2)       Subsection 110(2) is amended

(a) in clause (b), by striking out "commission" and substituting "minister"; and

(b) in that part following clause (b), by striking out "the commission may bring an action in its own name within 3 months from the date it receives notice" and substituting "the minister may bring an action in the name of Her Majesty in right of the province within 3 months from the date the minister receives notice".

44          Section 111 is amended by striking out "Where the commission brings an action as provided in section 106, it may" and substituting "Where the minister brings an action as provided in section 106, the minister may".

45          Section 112 is repealed and the following is substituted:

Settlement and discharge of liability

112         Where the minister has a right of action against a person under section 106, the minister may enter into an agreement with that person to settle the claim on payment of an amount agreed upon, and on receipt of that amount, the minister may give the person a release that discharges the person from all further liability to the minister under section 106 in respect of that claim.

46          Subsection 113(1) is amended

(a) by repealing the section heading and substituting "Regulations by L.G. in C.";

(b) by repealing that part of the subsection preceding clause (a) and substituting "The Lieutenant Governor in Council may make regulations";

(c) in clause (n), by striking out "minimums" and substituting "minimum";

(d) in clause (r), by striking out "registered" and substituting "licensed";

(e) in clause (s), by striking out "benefit" and substituting "benefits";

(f) in clauses (t.2), (t.4) and (u), by striking out "commission" and substituting "minister";

(g) by adding the following after clause (u):

(u.1) respecting the manner of, and other details relating to, adjustment of total annual payments to hospitals as provided in subsection 60(2);

(u.2) respecting the manner of, and other details relating to, making deductions for excess payments to hospitals as provided in subsection 60(3);

(h) by adding the following after clause (y):

(z) permitting personal care homes to hold funds in trust for residents and providing for the manner in which such funds are to be held and administered;

(aa) establishing the maximum proportion of the total accommodation in personal care homes that may be used to provide services to persons who are not entitled to receive personal care under section 46;

(bb) prescribing procedures and standards for admission of persons into personal care homes;

(cc) prescribing rates that may be charged by personal care homes for services provided to persons who are not entitled to receive personal care under section 46;

(dd) prescribing classes of persons who may make appeals to the board.

47          Section 114 is repealed.

48          Section 115 is amended

(a) by striking out "Subsection 19(2) and sections 22, 41, 43, 45," and substituting "Sections 41, 43,"; and

(b) by striking out "67,".

49          Section 116 is repealed and the following is substituted:

Regulations by minister

116         The minister may make regulations

(a) authorizing and prescribing the terms and conditions for the refunding of premiums;

(b) designating premises situated in Manitoba as personal care homes for the purpose of section 46;

(c) designating institutions for the purpose of section 57;

(d) designating the services and costs, not included in an agreement, for which a budget must be approved for a hospital and the rates payable for those services and costs for the purpose of section 57;

(e) establishing the proportion of total bed capacity to be designated and retained as standard ward accommodation by hospitals in Manitoba that are not owned or operated by the Government of Canada;

(f) establishing the proportion of total accommodation to be designated and retained as standard accommodation by personal care homes.

50          Section 117 is repealed and the following is substituted:

Regulations respecting personal care

117         The minister may make regulations for the purpose of bringing the provision of personal care in personal care homes within the plan as an insured service.

51          Section 118 as enacted by R.S.M. 1987 Cap. H35 and amended by S.M. 1991-92, c. 8, s. 30, is amended

(a) in subsections (1), (2) and (3), by striking out "commission" wherever it occurs and substituting "minister";

(b) in the French version of subsection (1), by striking out "approbation" wherever it appears and substituting "autorisation" and by striking out "modalités" and substituting "conditions";

(c) in that part of subsection (2) which precedes clause (a), by striking out "in a form prescribed by" and substituting "in such form as may be required by";

(d) in the French version of subsection (2), by repealing the section heading and substituting "Autorisation" and by striking out "approbation" wherever it occurs and substituting "autorisation";  

(e) in subsection (3), by striking out "as it deems necessary" and substituting "as the minister considers necessary";

(f) in the French version of subsection (3), by repealing the section heading and substituting "Conditions de l'autorisation", by striking out "approbation" and substituting "autorisation" and by striking out "modalités" and substituting "conditions"; and

(g) by repealing subsection (4) and substituting the following:

Appeal

118(4)      Where the minister

(a) refuses to grant an approval;

(b) grants an approval subject to terms and conditions; or

(c) revokes an approval;

the minister shall by written notice inform the applicant or the operator that the minister's decision may be appealed to the board by mailing or delivering to the board, within 30 days of receipt of the written notice, a request for an appeal.

52(1)       Subsection 127(1) is amended

(a) by striking out the section heading and substituting "Appeal"; and

(b) by striking out "commission" wherever it occurs and substituting "board".

52(2)       Subsections 127(2) and 127(3) are repealed.

TRANSITIONAL PROVISIONS

53          The following is added after section 131:

Commission discontinued

132(1)      Upon the coming into force of this Act, the Manitoba Health Services Commission (the commission) is discontinued.

Property, assets, etc. of commission transferred

132(2)      All property, assets, rights and interests held by, in the name of or in trust for the commission are deemed to be the property, assets, rights and interests of Her Majesty in right of the province.

Obligations of commission transferred

132(3)      All obligations and liabilities of the commission are deemed to be the obligations and liabilities of Her Majesty in right of the province.

Licences, approvals, etc.

132(4)      Every licence, approval, registration, order, decision and any other act or thing issued, given, made or done by or on behalf of the commission shall be deemed to have been issued, given, made or done by Her Majesty in right of the province.

References in documents

132(5)      Every reference to the commission in any deed, lease, licence, contract, trust agreement or in any other document, whether executed by the commission in its own name or not, shall be read as a reference to Her Majesty in right of the province.

Closing out affairs of commission

132(6)      The minister may do and perform all acts and things necessary for or incidental to the transferring of all property, assets, rights, interests, obligations and liabilities from the commission to Her Majesty, and for the closing out of the affairs of the commission.

Commencement of legal proceedings

132(7)      Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the commission, or by the minister in closing out the affairs of the commission, may be brought against Her Majesty in any court or before any body that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the commission.

Continuation of legal proceedings

132(8)      Any action, suit or other legal proceeding brought by, on behalf of or against the commission, including any action by an insured person under section 97 or section 103 of this Act, which is pending in any court or before any body on the coming into force of this Act may be continued by, on behalf of or against Her Majesty in like manner and to the same extent as it could have been continued by, on behalf of or against the commission.

CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. A65 amended

54(1)       The Ambulance Services Act is amended by this section.

54(2)       The following is added after section 1:

Delegation by minister

1.1         The minister may, in writing, delegate to any person any power, authority, duty or function conferred or imposed upon the minister under this Act or the regulations.

54(3)       Sections 12 and 13 are repealed and the following is substituted:

Right of appeal

12(1)       An appeal may be made to the board by any person

(a) who has been refused a licence under this Part; or

(b) whose licence has been suspended or cancelled under this Part.

Notice of appeal

12(2)       An appeal under this section shall be commenced by mailing or delivering a notice of appeal setting out the grounds for appeal to the board not more than 30 days after the date on which the appellant receives notice of the refusal, suspension or cancellation, or within such further time as the board permits.

Notice to minister

12(3)       The board shall promptly provide a copy of the notice of appeal to the minister.

Informal proceedings

13(1)       An appeal under subsection 12(1) shall be conducted on an informal basis, and the board is not bound by the rules of law respecting evidence applicable to judicial proceedings.

Panels

13(2)       The board may appoint a panel of not less than three of its members for the purpose of considering an appeal, and a decision of a majority on the panel is the decision of the board.

Continuation after loss of panel member

13(3)       If, after a panel has commenced considering an appeal, a member of the panel dies, resigns or otherwise becomes incapable of acting, the remaining members of the panel may complete the appeal and render a decision, and the decision is valid as though the remaining members constituted a full panel.

Powers of board on appeal

13(4)       On considering an appeal, the board may

(a) confirm, set aside or vary the decision in accordance with the provisions of this Part and the regulations; or

(b) refer the matter back to the minister for further consideration in accordance with the board's instructions.

Reference to board

13(5)        A reference to the board in section 12 or this section includes a panel of the board.

54(4)       Section 24 is repealed and the following is substituted:

Administration costs

24          The costs of administering this Act shall be paid out of the Consolidated Fund.

C.C.S.M. c. H26 amended

55(1)       The District Health and Social Services Act is amended by this section.

55(2)       The following is added after subsection 1(3):

Delegation by minister

1(4)        The minister may, in writing, delegate to any person any power, authority, duty or function conferred or imposed upon the minister under this Act or the regulations.

55(3)       Subsection 34(3) is repealed and the following is substituted:

Funding by minister

34(3)       In addition to any moneys that the minister is authorized to pay to a board in accordance with The Health Services Insurance Act or subsection (2), the minister may pay to a board out of the fund any moneys that are made available to the fund by the Legislature for support of health services and social services provided by boards.

C.C.S.M. c. H30 amended

56(1)       The Health Services Act is amended by this section.

56(2)       The following is added after section 1:

Delegation by minister

1.1         The minister may, in writing, delegate to any person any power, authority, duty or function conferred or imposed upon the minister under this Act or the regulations.

C.C.S.M. c. H120 amended

57(1)       The Hospitals Act is amended by this section.

57(2)       The following is added after section 1:

Delegation by minister

1.1         The minister may, in writing, delegate to any person any power, authority, duty or function conferred or imposed upon the minister under this Act or the regulations.

S.M. 1991-92, c. 8, s. 18 amended

57.1(1)     The Health Services Insurance Amendment Act, S.M. 1991-92, c. 8, s. 18 is amended by this section.

57.1(2)     The following is added after subsection 85.1(2):

Exception re order of formal inquiry committee

85.1(3)     Notwithstanding subsection (1), the minister or the formal inquiry committee may disclose information respecting an order made by the formal inquiry committee under section 84, including

(a) the name of the medical practitioner affected by the order;

(b) the amount the medical practitioner has been required to pay by the order; and

(c) the reasons for the order;

provided that no information which could reasonably be expected to identify a patient who has received medical services from the medical practitioner shall be disclosed.  

Further consequential amendments

58          The provisions identified in columns 1 and 2 of the Schedule are amended in the manner and to the extent set out opposite them in Column 3.

COMING INTO FORCE

Coming into force

59          This Act comes into force on a day fixed by proclamation.

SCHEDULE (Section 58)

Column 1
Act
Column 2
Provision
Column 3
Amendment
The Ambulance Services Act, C.C.S.M. c. A65 1 Repeal the definitions "commission" and "Manitoba Health Services Fund"; add the following definitions in alphabetical order:

"board" means the Manitoba Health Board created under The Health Services Insurance Act; («Conseil»)

"fund" means Manitoba Health Services Insurance Fund; («Fonds»)

5(1) Strike out "commission" and substitute "minister"; strike out "estabish" in clause (b) and substitute "establish".
(2), 6(2), 10(1), 10(2), 14, 15(1), 19(3), 19(5), 21, 22 Strike out "commission" wherever it occurs and substitute "minister".
5(3) Strike out "commission" the first two times it occurs and substitute "minister"; strike out "commission deems" and substitute "minister considers".
5(4) Strike out "prescribed by the commission" and substitute "approved by the minister".
6(1) Strike out "commission" and substitute "minister"; repeal clause (b) and substitute the following:

(b) conduct the training course or make such arrangements for the training course as the minister considers advisable; and

7 Strike out "commission" and substitute "minister"; strike out "it is satisfied" and substitute "the minister is satisfied".
8 Strike out "commission" and substitute "minister"; strike out "it deems" and substitute "the minister considers".
9 Strike out "commission deems" and substitute "minister considers".
10(4) Repeal.
11 Strike out "commission" the first time it occurs and substitute "minister"; strike out "it deems" and substitute "the minister considers"; strike out "the commission deems" and substitute "the minister considers".
15(6) Strike out "commission in a form prescribed by the commission" and substitute "minister in a form approved by the minister".
16(1), 16(2) Strike out "commission deems" and substitute "minister considers"; strike out "it may" and substitute "the minister may".
16(3) Repeal the section heading and substitute "Rescission of orders"; strike out "commission" wherever it occurs and substitute "minister."
17 Strike out "Commission" in the section heading and substitute "Minister"; strike out "commission may itself" and substitute "minister may".
19(1) Strike out "Manitoba Health Services Fund, the commission" and substitute "fund, the minister".
19(2) Strike out "commission" wherever it occurs and substitute "minister"; strike out "prescribed" wherever it occurs and substitute "approved".
20(1) Strike out "Manitoba Health Services Fund" and substitute "fund"; strike out "commission" wherever it occurs and substitute "minister".
20(2) Strike out "of the commission" and substitute "under this Act".
20(3) Strike out "commission and its decision is final and binding" and substitute "board".
23 Strike out "The commission shall place to the credit of the Manitoba Health Services Fund" and substitute "Despite The Financial Administration Act, the following shall be placed to the credit of the fund when received".
25 Strike out "commission shall pay" and substitute "minister shall pay"; strike out "commission for the purposes of this Act" and substitute "fund".
26(1) Strike out "commission" wherever it occurs and substitute "minister"; strike out "liences" in clause (a) and substitute "licences"; add the following after clause (d):

(e) respecting forms to be used for various purposes in respect of the administration of this Act and the regulations.

The Builders Liens Act, C.C.S.M. c. B91 1 Repeal clause (d) of the definition "Crown agency".
The Elderly and Infirm Persons' Housing Act, C.C.S.M. c. E20 16(3) Strike out "he may request the Minister of Finance or the Manitoba Health Services Commission to pay" and substitute "the minister may pay out of the Manitoba Health Services Insurance Fund or request the Minister of Finance to pay out of the Consolidated Fund".
The Financial Administration Act, C.C.S.M. c. F55 19(1)(g)(iii) Strike out "by Manitoba Health Services Commission".
The District Health and Social Services Act, C.C.S.M. c. H26 1(1) Repeal the definition "commission"; add the following definition in alphabetical order:

"fund" means Manitoba Health Services Insurance Fund;

1(3), 8(d) Strike out "commission in its" and substitute "minister in the minister's".
1, 22(1), 24, 29, 31, 32(1), 32(2), 33, 37(1), 39(1)(c) Strike out "commission" wherever it occurs and substitute "minister".
34(1) Strike out "commission shall pay" and substitute "minister shall pay from the fund".
34(2) Strike out "commission" the first time it occurs and substitute "minister"; strike out "direct the commission to"; strike out "to the commission" and substitute "to the fund".
37(2) Strike out "commission" the first time it occurs and substitute "minister"; strike out "commission may employ persons to administer on behalf of the commission" and substitute "minister may contract with persons to administer on behalf of the minister".
39(1)(d) Repeal and substitute the following:

(d) respecting the preparation of budgets by boards and prescribing the date before which boards must submit their budgets to the minister;

39(1)(f) Repeal.
The Health Services Act, C.C.S.M. c. H30 1 Repeal the definition "commission".
7(1) Strike out "commission" in the section heading and substitute "minister"; strike out "The Lieutenant Governor in Council, by order in council, may authorize the commission to" and substitute "The minister may"; strike out "as he may deem" and substitute "as the minister considers".
7(2), 7(3) Repeal.
55(1) Strike out "commission" wherever it occurs in the section heading and in the subsection and substitute "minister"; in the French version, strike out "à l'effet que" and substitute "selon laquelle"; in clause (a) strike out "payable by it" and substitute "payable out of the Manitoba Health Services Insurance Fund".
55(2), 56 Strike out "commission" wherever it occurs and substitute "minister".
82(3) Repeal.
86(1) Strike out "he may request the Minister of Finance or the commission to pay" and substitute "the minister may pay out of the Manitoba Health Services Insurance Fund or request the Minister of Finance to pay out of the Consolidated Fund".
The Hospitals Act, C.C.S.M. c. H120 1 Repeal the definition "commission"; add the following definition in alphabetical order:

"fund" means Manitoba Health Services Insurance Fund; («Fonds»)

5(1), 5(2), 6(2), 6(3), 7, 8(4), 10(2), 17, 22(c), 29(1)(f), 29(1)(aa) Strike out "commission" wherever it occurs and substitute "minister".
5(4) Strike out "commission" wherever it occurs in the section heading and in the subsection and substitute "minister".
8(3) Strike out "commission may prescribe" and substitute "minister may approve".
10(1) Strike out "commission" the first time it occurs and substitute "minister"; strike out "commission may deem" and substitute "minister considers".
20 Strike out "commission" and substitute "minister"; strike out "its absolute discretion" and substitute "the minister's absolute discretion".
21 In the French version, strike out "le renouveler" in clause (b) and substitute "la renouveler"; strike out "commission" wherever it occurs and substitute "minister"; strike out "if it deems" and substitute "if the minister considers"; strike out "its recommendation" and substitute "his or her recommendation".
The Hospital Capital Financing Authority Act, C.C.S.M. c. H125 1 Strike out "from The Manitoba Health Services Commission" in clause (c) of the definition "hospital" and substitute "under The Health Services Insurance Act".
10(1) Strike out "The Manitoba Health Services Commission to deduct from payments made by The Manitoba Health Services Commission" and substitute "the Minister of Health to deduct from payments made out of the Manitoba Health Services Insurance Fund".
10(2), 11 Strike out "The Manitoba Health Services Commission" wherever it occurs and substitute "the Minister of Health".
The Municipal Act, C.C.S.M. c. M225 333(2) Strike out "The Manitoba Health Services Commission" and substitute "the Minister of Health".
The Municipal Assessment Act, C.C.S.M. c. M226 23(1)(a)(i) Strike out "Manitoba Health Services Commission" and substitute "Minister of Health".
The Private Hospitals Act, C.C.S.M. c. P130 1 Repeal the definition "commission"; strike out "commission" in the definition "private hospital" and substitute "minister".
2, 3, 4(2), 13 Strike out "commission" wherever it occurs and substitute "minister".
4(5) Strike out "commission" wherever it occurs and substitute "minister"; strike out "by it" wherever it occurs and substitute "under this Act"; strike out "its opinion" and substitute "the minister's opinion".
5(2) Strike out "commission" in the section heading and in the subsection and substitute "minister".
8 Strike out "commission or any person authorized by it" and substitute "minister or any person authorized by the minister".
9(1) Strike out "commission" and substitute "minister"; strike out "it may" and substitute "the minister may"; strike out "by it," and substitute "by the minister".
The Public Health Act, C.C.S.M. c. P210 28(ff)(iii) Strike out "and that are not under the supervision of The Manitoba Health Services Commission".
The Securities Act, C.C.S.M. c. S50 19(2)(a)(ii) Strike out "to the Manitoba Health Services Commission".
The Workers Compensation Act, C.C.S.M. c. W200 27.2 Strike out "Manitoba Health Services Commission" wherever it occurs and substitute "Minister of Health".
The City of Winnipeg Act, S.M. 1989-90, c. 10 525(2) Strike out "Manitoba Health Services Commission" and substitute "Minister of Health".
The Health Services Insurance Amendment Act, S.M. 1991-92, c. 8, s. 18 (not yet proclaimed) 76(1), 76(3), 78(1)(b), 78(3), 78(4), 79(1)(a), 79(2), 80(1), 80(2), 81(2), 81(4), 81.1, 84(1), 84(3), 84.1(1), 84.1(3) 84.1(4)(a), 84.2(1), 84.3(2), 84.4(1) Strike out "commission" wherever it occurs and substitute "minister".
84.2(2) Strike out "commission may file" and substitute "minister may cause to be filed".
84.3(1) Strike out "commission" wherever it occurs and substitute "minister"; strike out "commission's" wherever it occurs and substitute "fund's".
85.1(1), 85.1(2) Strike out "commission" and substitute "minister or a person engaged in the administration of this Act or the regulations, the board".