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The Cancer Treatment and Research Foundation Amendment and Consequential Amendments Act

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S.M. 2001, c. 18

THE CANCER TREATMENT AND RESEARCH FOUNDATION AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to July 6, 2001)

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

C.C.S.M. c. C20 amended

1           The Cancer Treatment and Research Foundation Act is amended by this Act.

2           The title is replaced with "THE CANCERCARE MANITOBA ACT".

3           Section 1 is replaced with the following:

Definitions

1           In this Act,

"corporation" means CancerCare Manitoba; (« Société »)

"minister" means the Minister of Health. (« ministre »)

CancerCare Manitoba

1.1         The Manitoba Cancer Treatment and Research Foundation is continued as a corporation under the name "CancerCare Manitoba".

4(1)        Wherever it occurs in the Act, "foundation" is struck out and "corporation" is substituted.

4(2)        Wherever it occurs in the Act, "Minister of Health" is struck out and "minister" is substituted.

5           Subsection 6(2) of the English version is amended by striking out "advisory board" and substituting "advisory medical board".

6            Clause 7(b) is replaced with the following:

(b) the co-ordination of facilities for the treatment of cancer and for providing support and rehabilitation relating to cancer;

(b.1) the long term planning for provincial cancer control;

7           The following is added after section 7:

Annual health plan

7.1(1)      Unless the minister directs otherwise, the corporation shall 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 corporation shall consult with regional health authorities and with any other persons the corporation considers appropriate, or as the minister may direct.

Content of plan

7.1(3)      A proposed health plan must

(a) state how the corporation 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 corporation'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 corporation with any directions the minister considers appropriate.

Re-submission

7.1(5)      If the minister refers a proposed health plan back to the corporation, the corporation 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 corporation shall submit the following changes to the minister for approval:

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

(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.

8           Section 8 is amended

(a) by renumbering it as subsection 8(1);

(b) by adding ", subject to subsection (2)," after "Manitoba and"; and

(c) by adding the following as subsection 8(2):

Limitation

8(2)        The corporation shall 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 corporation has entered into with a regional health authority.

9           The following is added after section 8:

Directions

8.1(1)      The minister may give directions to the corporation 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.

Corporation to comply with directions

8.1(2)      The corporation shall comply with any directions the minister has given.

10          Section 9 is replaced with the following:

Agreements

9           With the minister's approval, the corporation may enter into an agreement with a regional health authority, university, hospital or medical association, or any other person or organization.

11          Section 11 is replaced with the following:

Auditor

11          The records, accounts and financial transactions of the corporation shall be audited each year by an auditor who shall be appointed by the corporation with the minister's written approval.

12          Section 12 is amended

(a) by renumbering it as subsection 12(1);

(b) by striking out "The foundation" and substituting "Within six months after the end of each fiscal year, the corporation"; and

(c) by adding the following as subsection 12(2):

Other reports and information

12(2)       In addition to its annual report, the corporation shall submit to the minister any report, return, statistical information, individual data or other information about its operations that the minister requires.  The corporation shall submit the report or other information in a form acceptable to the minister and at the time the minister requires it.

13          Section 13 is amended by striking out "Lieutenant Governor in Council" and substituting "minister".

14          Section 14 is replaced with the following:

Powers respecting real property

14          For the purpose of carrying out its objects, the corporation may hold and may purchase, lease or otherwise acquire real property.  But the corporation may not acquire real property for consideration unless it has first obtained the minister's approval.

15(1)       Subsection 15(1) is replaced with the following:

Borrowing

15(1)       With the minister's approval, the corporation may borrow money for the objects of the corporation, and may pledge its assets as security for money borrowed.

Securities

15(1.1)     Subject to The Hospital Capital Financing Authority Act, the corporation may issue securities.

15(2)       Subsections 15(3) to (5) are repealed.

15(3)       Subsection 15(6) is amended by striking out "The bonds and debentures the issue of which is authorized under subsection (1)" and substituting "Any bonds whose issuance is authorized under The Hospital Capital Financing Authority Act".

15(4)       Subsections 15(7) to (12) are repealed.

16          Section 17 is replaced with the following:

Grants

17          The minister may make grants to the corporation out of money appropriated by the Legislature for that purpose.

17          The following is added after section 20:

Delegation

21          The minister may, in writing, delegate to any person any of the powers, duties and functions conferred or imposed on the minister under this Act.

Consequential amendment, C.C.S.M. c. P33.5

18          The definition "health care facility" in subsection 1(1) of The Personal Health Information Act is amended by replacing clause (f) with the following:

(f) CancerCare Manitoba, and

Consequential amendment, C.C.S.M. c. M226

19          Clause 21(b) of The Municipal Assessment Act is replaced with the following:

(b) is vested in CancerCare Manitoba;

Coming into force

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