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The Regional Health Authorities Amendment and Consequential Amendments Act

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If you need an official copy, contact Statutory Publications.

S.M. 1997, c. 41

THE REGIONAL HEALTH AUTHORITIES AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to June 28, 1997)

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

PART 1

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

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

2(1)      The following is added after subsection 8(1):

Two regional health authorities for The City of Winnipeg

8(1.1)    Notwithstanding clause (1)(b), the Lieutenant Governor in Council may, by regulation, establish two regional health authorities for a health region established for The City of Winnipeg, in which case the regulation must also specify the health services for which each regional health authority is responsible.

2(2)      Subsection 8(2) is repealed and the following is substituted:

Proposal and consultations

8(2)      Prior to the establishment of a health region and a regional health authority or authorities by the Lieutenant Governor in Council under subsection (1) or (1.1), the minister may, if he or she considers it advisable,

(a) cause a proposal to be prepared; and

(b) carry out consultations in the manner and to the extent that the minister considers appropriate;

respecting the proposed establishment of the health region and of the regional health authority or authorities for the health region.

2(3)      Clauses 8(3)(b) and (c) are amended by adding "or authorities" after "authority".

3         Clause 9(1)(b) is amended by striking out "for an area continued as a health region under clause (a)".

4         Subsection 14(4) is repealed and the following is substituted:

Chairperson

14(4)     The minister shall appoint a chairperson from among the directors of a regional health authority.

Vice-chairperson

14(5)     The minister may appoint one or more vice-chairpersons from among the directors of a regional health authority.  If the minister chooses not do so, a vice-chairperson shall be elected from among the directors in accordance with the by-laws of the board.

5         Section 17 is amended

(a) by repealing clause (a); and

(b) in clause (c), by adding ", and carry out his or her functions in accordance with this Act and the regulations" at the end of the clause.

6         Clause 23(2)(d) is amended by adding "in accordance with section 24" after "plan".

7         The following is added after subsection 24(1):

If more than one regional health authority

24(1.1)   If two regional health authorities are established in The City of Winnipeg, the proposed regional health plan shall relate to the health services for which that regional health authority is responsible under subsection 8(1.1).

8(1)      Subsection 28(1) is amended by adding "or, if two regional health authorities are established in The City of Winnipeg, without the approval of the regional health authority that is responsible for the health services provided or proposed to be provided in the hospital or personal care home" after "that health region".

8(2)      Subsection 28(2) is repealed and the following is substituted:

Restrictions respecting sale of facilities

28(2)     If the government or a regional health authority has provided funds for the acquisition, construction, expansion, conversion or relocation of, or major renovations to a facility, no person may sell, lease or otherwise dispose of the facility, or real property associated with it, without the approval of

(a) the regional health authority for the health region in which the facility is located; or

(b) if two regional health authorities are established in The City of Winnipeg, the regional health authority that is responsible for the health services provided in the facility.

9         Subsection 46(3) is repealed and the following is substituted:

Apportionment of debt

46(3)     Where a health corporation and a regional health authority propose to enter into an agreement under this section,

(a) if the health corporation is established under The District Health and Social Services Act, it shall, in accordance with section 35.1 of that Act, apportion among, and charge to, the affected municipalities (as defined in that Act) the unfunded outstanding debts of the health corporation; and

(b) if the health corporation is established under The Health Services Act, it shall, in accordance with subsection 54(2) of that Act, apportion among, and charge to, the included municipalities (as defined in that Act) the unfunded outstanding debts of the health corporation.

10        Section 49 is renumbered as subsection 49(1) and the following is added as subsection 49(2):

Exception

49(2)     Subject to the approval of the minister, a health corporation is not required to dissolve or disestablish under clause (1)(b) or (c) if it does not transfer all of its operations and property to the regional health authority.

11(1)     Subsection 51(1) is amended by adding ", if the regional health authorities were established for different health regions," after "regional health authority and".

11(2)     Subsection 51(5) is repealed and the following is substituted:

Establishment of new regional health authority

51(5)     The Lieutenant Governor in Council, on the recommendation of the minister, may, by regulation,

(a) amalgamate regional health authorities that have submitted a proposal under subsection (1) to establish a new regional health authority; and

(b) if the regional health authorities were established for different health regions, amalgamate their health regions to establish a new health region in their place.

11(3)     Clause 51(6)(a) is repealed and the following is substituted:

(a) disestablish the regional health authorities that are amalgamated and, if the regional health authorities were established for different health regions, their corresponding health regions;

11(4)     Subsection 51(8) is amended by striking out "new health region" and substituting "health region".

12(1)     Subsection 52(1) is amended

(a) in the part of the subsection preceding clause (a), by striking out "of a health region to act in the place of the regional health authority and the board for that health region" and substituting "to act in the place of a regional health authority and its board";

(b) by striking out "and" at the end of clause (a) and by adding the following after clause (a):

(b) the health and safety of patients or residents is threatened; or

(c) by renumbering clause (b) as clause (c).

12(2)     Subsection 52(2) is amended by striking out "for a health region".

12(3)     Subsections 52(3) and (5) are amended by striking out "for a health region".

12(4)     Subsection 52(6) is amended by striking out "for a health region".

13        Subsection 53(1) is repealed and the following is substituted:

Disestablishment of regional health authority

53(1)     The Lieutenant Governor in Council may, if it considers that it is in the public interest,

(a) order that a regional health authority be disestablished and wound up; and

(b) appoint a person to wind up the regional health authority's affairs;

on any terms and conditions that the Lieutenant Governor in Council considers appropriate.

Disestablishment of health region

53(1.1)   If a regional health authority that is ordered disestablished and wound up under subsection (1) is the only regional health authority for the health region, the Lieutenant Governor in Council shall order the corresponding health region to be disestablished and wound up.

14        The following is added after section 56:

Minister to appoint interim manager

56.1(1)   The minister may at any time by order, appoint any person or other entity as the minister sees fit as an interim manager to take control of, operate and manage a facility operated by a health corporation, where

(a) the minister believes on reasonable grounds that

(i) the health and safety of patients or residents is threatened,

(ii) the health corporation has failed to meet its financial obligations for that facility,

(iii) the health corporation has failed to show financial responsibility for that facility, or

(iv) the health corporation has failed to meet any standards of operation prescribed in this or any other Act or in any regulations prescribed under this or any other Act for that facility; or

(b) in the minister's opinion, it is in the public interest to do so.

Powers of the interim manager

56.1(2)   Unless the order under subsection (1) provides otherwise, subject to subsection (4) and subject to the direction of the minister, a manager appointed under subsection (1)

(a) has the exclusive right to exercise all the powers and authority of the health corporation and its board or the board of the facility;

(b) shall carry out all the responsibilities and duties of the health corporation and its board or the board of the facility; and

(c) shall be paid out of the funds of the health corporation, the remuneration and expenses determined by the minister.

Minister may require reports

56.1(3)   Upon the appointment of a manager under subsection (1), the minister may from time to time require that the manager provide to the minister any or all of the information referred to in subsection 29(1).

Limitation on powers

56.1(4)   The powers of the manager appointed under subsection (1) do not include the power of the health corporation and its board or the board of the facility to sell, transfer pursuant to section 46, encumber or otherwise dispose of the property or operation of the health corporation or the facility.

Powers of directors suspended

56.1(5)   Subject to subsections (4) and (6) and unless the order under subsection (1) provides otherwise, on the appointment of an interim manager, the powers of the directors on the board of the health corporation are suspended and the directors shall cease to perform any duties or exercise any powers assigned to them under this or any other Act or regulation.

Directors may continue to act

56.1(6)   If, pursuant to the order under subsection (1), some or all of the directors continue to have the right to act with respect to any matter, any such act of the directors is valid only if approved by the minister.

Directors to assist manager

56.1(7)   Where a manager is appointed under subsection (1), the directors or former directors on the board of the health corporation shall

(a) immediately deliver to the manager all funds, and all books, records and documents respecting the management and activities of the health corporation; and

(b) provide the manager with all information and assistance required to enable the manager to carry out and exercise the manager's responsibilities, duties and powers.

Termination of appointment of interim manager

56.1(8)   If in the opinion of the minister, an interim manager is no longer required for a facility, the minister may terminate the appointment of the manager on such terms and conditions as the minister considers advisable including the provision of assurances from the health corporation

(a) as to the funding of existing and future liabilities of the health corporation; and

(b) that the conditions which necessitated the appointment of an interim manager could and would be avoided in the future.

15        Section 59 is amended by adding the following after clause (p):

(p.1) respecting the obligations of regional health authorities in relation to the provision of health services in the French language, including without limitation, the designation of those regional health authorities which must fulfill the obligations;

16        Subsection 78(4) is amended by striking out "Part" and substituting "section".

17        Section 79 is amended by adding ", except section 78," after "This Part".

PART 2

CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

The District Health and Social Services Act

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

18(1)      The District Health and Social Services Act is amended by this section.

18(2)     Section 35 is repealed and the following is substituted:

Apportionment of excess liabilities

35        Where a board does not have sufficient moneys in any year to meet its obligations that come due in that year, it shall, as soon as possible after the end of the year, apportion the deficiency among the affected municipalities in accordance with the regulations and charge to each of the affected municipalities its proportionate share, and each of the affected municipalities shall pay to the board the amount apportioned to it within 90 days of the date it receives notice of the amount charged to it or such other time as the board may approve.

18(3)     The following is added after section 35:

Apportionment where agreement to transfer operations

35.1(1)   Where a board and a regional health authority have entered into an agreement pursuant to section 46 of The Regional Health Authorities Act, the board shall calculate the amount of any unfunded outstanding debts of the board, and shall apportion among, and charge to the affected municipalities this amount in accordance with the regulations.

Payment by affected municipalities

35.1(2)   Each affected municipality shall pay to the board or, where the board has been dissolved and disestablished under The Regional Health Authorities Act, to the regional health authority for the health region in which the district was located, the amount apportioned and charged to it under subsection (1) within 90 days of the date a request for payment has been received by the municipality or such other time as the board or the regional health authority may approve.

The Health Services Act

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

19(1)     The Health Services Act is amended by this section.

19(2)     Subsection 54(1) is repealed and the following is substituted:

Apportionment of deficiency

54(1)     Where a board does not have sufficient moneys in any year to meet its obligations that come due in that year it shall, as soon as possible after the end of the year, apportion the deficiency among the included municipalities, in the manner provided in the scheme, and each of the included municipalities shall pay to the board the amount apportioned to it within 90 days of the date it receives notice of the amount charged to it or such other time as the board may approve.

Apportionment where agreement to transfer operations

54(1.1)   Where a board and a regional health authority have entered into an agreement pursuant to section 46 of The Regional Health Authorities Act, the board shall apportion, and charge to, the included municipalities, in the manner provided in the scheme, the amount of any unfunded outstanding debts.

19(3)     Subsection 54(2) is amended

(a) in the part preceding clause (a), by striking out "subsection (1)" and substituting "subsection (1.1)"; and

(b) by striking out everything after clause (b) and substituting the following:

within 90 days after the date a request for payment is received by the municipality, or such other time as the board or the regional health authority may approve.

19(4)     Subsection 57(1) is amended by striking out "subsection 54(2)" and substituting "section 54".

19(5)     Section 64 is amended by striking out "subsection 54(2)" and substituting "section 54".

The Health Services Insurance Act

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

20(1)      The Health Services Insurance Act is amended by this section.

20(2)     Clause 48(1)(b) is amended by adding ", that is responsible for hospital services" after "that health region".

20(3)     Subsection 50(2.1) is amended

(a) in clause (a), by striking out "is the" and substituting "is a"; and

(b) by repealing clause (b) and substituting the following:

(b) where a hospital providing hospital services to an insured person is in a health region and a regional health authority is not the operator of the hospital, the minister shall pay from the fund any amounts due under subsection (2) to the regional health authority which has the responsibility to provide the hospital services in the health region, for payment to the hospital in accordance with any agreement reached between the regional health authority and the operator of the hospital under section 64.

20(4)     Subsection 50(3.1) is amended

(a) in clause (a), by striking out "is the" and substituting "is a"; and

(b) by repealing clause (b) and substituting the following:

(b) where the operator of the hospital is not a regional health authority, withhold the payments due to the regional health authority for the health region, which has the responsibility to provide the hospital services, for payment to the hospital, and the regional health authority is not required to make payments to the hospital under clause 50(2.1)(b), until the hospital complies with this Act and the regulations.

20(5)     Clause 64(a) is repealed and the following is substituted:

(a) by a hospital or personal care home in a health region, shall be made to the hospital or personal care home in accordance with any agreement between the regional health authority for the health region which has the responsibility to provide the hospital services or personal care services, as the case may be, and the operator of the hospital or personal care home; and

20(6)     Clause 70(1)(b) is amended by adding "which has the responsibility to provide the hospital services, personal care services or other health services that were last provided by the hospital, personal care home or other health facility" after "that health region".

The Hospitals Act

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

21(1)     The Hospitals Act is amended by this section.

21(2)     Clause 4(2)(b) is amended by adding "which has the responsibility to provide the hospital care, treatment and services" after "the health region".

21(3)     Clause 5(4)(b) is amended by adding "which has the responsibility to provide the hospital care, treatment and services," after "the health region".

21(4)     Section 7 is amended by adding "which has the responsibility to provide the hospital care, treatment and services," after "the health region".

The Hospital Capital Financing Authority Act

C.C.S.M. c. H125 amended

22         Subsection 10(1) of The Hospital Capital Financing Authority Act is amended by striking out "to the regional health authority" and substituting "to a regional health authority".

The Public Health Act

C.C.S.M. c. P210 amended

23(1)      The Public Health Act is amended by this section.

23(2)     Subsection 4(1) is amended by striking out "Subject to subsection (2), the" and substituting "The".

23(3)     Subsection 4(2) is repealed.

23(4)     Subsection 4(4) is amended by repealing clauses (a) and (b) and substituting the following:

(a) shall be paid such remuneration out of the Consolidated Fund as the minister may set; and

(b) may be dismissed by the minister.

23(5)     Subsection 7(2) is repealed and the following is substituted:

Conference expenses

7(2)      The expenses incurred by a medical officer of health in attending a conference convened by the minister under subsection (1) are payable in addition to his or her remuneration under subsection 4(4) and these expenses are payable out of the Consolidated Fund.

23(6)     Subsection 39(3) is repealed and the following is substituted:

Responsibility of regional health authority for expenses

39(3)     Subject to subsection 7(2), subsection (4) and the regulations, any expenses incurred by a medical officer of health or by a public health nurse in the performance of duties or the exercise of powers under this or any other Act, or under any regulations, in a health region shall be paid by the regional health authority for the health region.

23(7)     The following is added after subsection 39(3):

Responsibility of The City of Winnipeg for expenses

39(4)     Any expenses incurred by a medical officer of health appointed by the council of The City of Winnipeg in the performance of duties or the exercise of powers under this or any other Act, or under any regulations, shall be paid by The City of Winnipeg.

The City of Winnipeg Act

S.M. 1989-90, c. 10 amended

24(1)     The City of Winnipeg Act is amended by this section.

24(2)     Section 64 is repealed.

24(3)      Section 434 is repealed.

24(4)     Sections 435 and 436, subsections 683(2) and (3) and section 684 are repealed.

24(5) Subsection 683(1) is repealed.

Coming into force:  royal assent

25(1)     This Act, except subsections 23(2), (3), (4) and (5) and section 24, comes into force on the day it receives royal assent.

Coming into force:  proclamation

25(2)     Subsections 23(2), (3), (4) and (5) and section 24 come into force on a day fixed by proclamation.