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The Regional Health Authorities Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1998, c. 57

THE REGIONAL HEALTH AUTHORITIES AMENDMENT ACT


 

(Assented to June 29, 1998)

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 Division 3 of Part 4:

DIVISION 3.1

AGREEMENTS BETWEEN REGIONAL HEALTH AUTHORITIES AND HEALTH CORPORATIONS

Requirement for operating agreement

44.1(1)   A regional health authority may provide funding for operational purposes to a health corporation only if the authority and the health corporation have entered into a written agreement that provides for the following:

(a) the health services to be provided by or through the health corporation;

(b) the funding to be provided by the regional health authority for the health services;

(c) the term of the agreement;

(d) a process for resolving disputes under the agreement, and remedies for breaches of the agreement;

(e) any other prescribed matter.

Funding during negotiations

44.1(2)   Despite subsection (1), a regional health authority may, with the minister's approval, provide funding to a health corporation even though an agreement has not been entered into if the parties are in the process of negotiating such an agreement.

Request for mediation

44.2(1)   If a regional health authority and a health corporation are unable to conclude an agreement under subsection 44.1(1), either of them may, on one or more occasions during the negotiation of the agreement, request the minister, in writing, to appoint a mediator to assist them in resolving any matter or matters in dispute.

Content of request

44.2(2)   The request for mediation must contain a description of the matter or matters in dispute as well as any matters on which the parties have reached agreement.

Notice to other party

44.2(3)   The party requesting mediation shall provide a copy of the request to the other party.

Appointment of mediator

44.2(4)   On receiving a request for mediation, the minister may appoint a mediator to assist the parties to conclude an agreement.  The minister shall provide the mediator with a statement of the matter or matters referred for mediation and set the time period within which mediation is to be conducted.

Minister may extend mediation period

44.2(5)   The minister may extend the period of mediation set under subsection (4).

Remuneration of mediator

44.2(6)   The minister may determine the remuneration and reimbursement for expenses payable to a mediator, and the regional health authority and the health corporation shall pay an equal share of those amounts unless the minister determines otherwise.

Mediator's report

44.3      On the expiry of the period of mediation, the mediator shall give the minister a written report advising the minister about any matter or matters remaining in dispute and any recommendation the mediator wishes to make to assist the minister in resolving that matter or matters.

Resolution if mediation unsuccessful

44.4(1)   If mediation is unsuccessful in resolving all or any of the matters in dispute within the time period set or extended under section 44.2, the minister may, if he or she believes it to be in the public interest, resolve the matter or matters remaining in dispute.

Resolution binding

44.4(2)   A resolution of the minister is to be interpreted, applied and enforced as though it had been arrived at by agreement between the parties under subsection 44.1(1).

Limitation

44.4(3)   A resolution of the minister relating to health services to be provided by or through a health corporation that is owned or operated by a religious organization must not be inconsistent with the fundamental religious principles of the religion or faith to which that health corporation adheres.

Extension of existing agreement

44.5(1)   When an agreement under section 44.1 is about to expire and a new agreement has not been entered into, the regional health authority or the health corporation may request the minister to extend the term of the existing agreement for not more than 90 days.

Term of agreement extended

44.5(2)   If the minister grants an extension, the term of the agreement is deemed to be extended for the period specified.

Division applies notwithstanding other Acts

44.6      An agreement may be entered into or a resolution made by the minister under this Division notwithstanding any other Act, including a private Act, or any regulation, articles of incorporation or by-law.

Coming into force

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