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The Addictions Foundation Amendment Act

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If you need an official copy, use the bilingual (PDF) version.

S.M. 2010, c. 24

Bill 26, 4th Session, 39th Legislature

The Addictions Foundation Amendment Act

(Assented to June 17, 2010)

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(1)        Clause 3(1)(a) of the English version is amended by striking out "the existence" and substituting "existing".

2(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)        The term of office for a member of the board is three years, unless the order appointing a member provides otherwise.

Term continues

4(5.1)      A member whose term expires continues to hold office until reappointed or until a successor is appointed.

Filling vacancies

4(6)        The Lieutenant Governor in Council may fill a vacancy on the board by appointing a person to fill the unexpired term of the former member.

Re-appointment

4(7)        A member of the board may be re-appointed for consecutive terms of office.  But if a member has served on the board for a continuous period of six years or longer, the person may not be re-appointed for another term until he or she is absent from the board for at least one year.

(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.

Resubmission

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 resubmit 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.