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The Regional Health Authorities Act

C.C.S.M. c. R34

The Regional Health Authorities Act

PART 1
INTERPRETATION
1 Definitions
2 (1) Purpose of Act
(2) Canada Health Act criteria
(3) Conflict with other legislation
PART 2
POWERS OF THE MINISTER
3 (1) Provincial objectives and priorities
(2) Prescribed health services and standards
(3) Directions to regional health authorities
4 Provision of health services by minister
5 (1) Agreements
(2) Agreements with health corporations
6 Expropriation by minister
7 Delegation by minister
PART 3
ESTABLISHMENT OF HEALTH REGIONS AND REGIONAL HEALTH AUTHORITIES
8 (1) Establishment of health regions and regional health authorities
(1.1) Repealed
(2) Proposal and consultations
(3) Contents of regulation
9 (1) Corporations continued as regional health authorities
(2) Effect of continuation
(3) Directors continued as first directors
10 (1) Variation of health region or regional health authority
(2) Proposal and consultations
(3) Retroactive effect
PART 4
REGIONAL HEALTH AUTHORITIES
DIVISION 1
STRUCTURE AND ADMINISTRATION
11 Corporate status
12 Corporation without share capital
13 Applicability of The Corporations Act
14 (1) Board of regional health authority
(2) Terms of office
(3) Vacancy
(4) Chairperson
(5) Vice-chairperson
15 (1) First directors
(2) Terms of office of first directors
16 Remuneration and expenses of directors
17 Duties of directors
18 (1) By-laws and policies
(2) Approval of by-laws by minister
(3) By-laws not effective until approved
(4) By-laws and policies open to public
19 Meetings
20 Quorum
21 (1) Appointment of chief executive officer
(2) Responsibilities of chief executive officer
22 Officers and employees
22.1 Employment contract required
DIVISION 2
RESPONSIBILITIES, DUTIES AND POWERS OF REGIONAL HEALTH AUTHORITIES
23 (1) Responsibilities of regional health authority
(2) Duties of regional health authority
(3) Consultation
24 (1) Proposed regional health plan
(1.1) Repealed
(2) Consultations
(3) Content of proposed regional health plan
(4) Approval of proposed regional health plan
(5) Action where plan is referred back
(6) Revisions and amendments
25 General powers of regional health authority
26 Power to provide additional health services
27 Powers respecting real property
28 (1) Regional health authority to approve certain facilities
(2) Restrictions respecting sale of facilities
(3) Approval of minister
(4) Approval additional to other requirements
28.1 Mammography unit accreditation
29 (1) Regional health authority may require reports
(2) Form of reports
29.1 (1) Regional health authority may give directions
(2) Directions re services provided and use of funds
(3) Limitation on direction
(4) Direction to be in writing, with reasons and filed
(5) Consultation required before direction may be given
29.2 Directions to be complied with
29.3 (1) Limitation on direction: religious organizations
(2) Request to refer matter to arbitration
(3) Appointment of arbitrator
(4) Arbitrator to hold hearing and file report
(5) Report binding
30 (1) Reports to minister by regional health authority
(2) Form of reports
31 Agreements
32 (1) District health advisory councils
(2) Composition of council
DIVISION 3
FINANCIAL MATTERS
33 Minister may provide funding to regional health authority
33.1 (1) Definition: "corporate costs"
(2) Prescribing corporate costs and limits
(3)
(4) Corporate costs not to exceed limits
34 Grants or payments under other enactments
35 Minister may withhold payments to regional health authority
36 Regional health authority may withhold payments
37 Fiscal year of regional health authority
37.1 (1) Quality and patient safety reporting
(2) Reports not to contain personal information or personal health information
38 (1) Annual report
(2) Content of annual report
39 (1) Auditor
(2) Restrictions respecting appointment of auditor
40 Financial information
41 Limit on financial commitments
42 Financial responsibility for unfunded services
43 (1) Borrowing
(2) Securities
44 (1) Assignment of funds by regional health authority
(2) Assignment of funds by health corporation
DIVISION 3.1
AGREEMENTS BETWEEN REGIONAL HEALTH AUTHORITIES AND HEALTH CORPORATIONS
44.1 (1) Requirement for operating agreement
(2) Funding during negotiations
44.2 (1) Request for mediation
(2) Content of request
(3) Notice to other party
(4) Appointment of mediator
(5) Minister may extend mediation period
(6) Remuneration of mediator
44.3 Mediator's report
44.4 (1) Resolution if mediation unsuccessful
(2) Resolution binding
(3) Limitation
44.5 (1) Extension of existing agreement
(2) Term of agreement extended
44.6 Division applies notwithstanding other Acts
DIVISION 4
AGREEMENT TO WIND UP CERTAIN HEALTH CORPORATIONS
45 Definition of "health corporation"
46 (1) Agreement to transfer operations
(2) Content of agreement
(3) Apportionment of debt
(4) Approval of minister
47 Restrictions on activities of health corporation
48 Effect of agreement
49 (1) Dissolution and disestablishment of health corporations
(2) Exception
50 Use of grants, gifts, etc.
DIVISION 5
AMALGAMATION OF REGIONAL HEALTH AUTHORITIES
(1) to (4) Repealed
(5) Establishment of new regional health authority
(6) Content of regulation
(7) Board
(8) Interim board
(9) Effect of amalgamation
DIVISION 5.1
EMPLOYMENT OF SENIOR HEALTH MANAGERS
51.1 Definitions
51.2 (1) Policy re RHA terms and conditions of employment
(2) Proposed contract reviewed by Manitoba Health
(3) Certain contracts void
51.3
51.4 (1) Restriction — RHA contracts, etc. with former officers
(2) Contract void
(3) Prohibition — providing compensation or payments
51.5 (1) Restriction — health corporation, etc. contracts with former officers
(2) Authority to consider position of health corporation or health care organization
(3) Contract void
(4) Prohibition — providing compensation or payments
DIVISION 6
APPOINTMENT OF OFFICIAL ADMINISTRATOR AND DISESTABLISHMENT OF REGIONAL HEALTH AUTHORITIES
52 (1) Appointment of official administrator
(2) Powers of official administrator
(3) Directors cease to hold office
(4) Directors may continue to act
(5) Directors to assist official administrator
(6) Termination of appointment
53 (1) Disestablishment of regional health authority
(1.1) Disestablishment of health region
(2) Powers of person appointed to wind up affairs
(3) Effect of disestablishment
PART 4.1
PATIENT SAFETY
53.1 Definitions
53.2 (1) Critical incident: disclosure and recording
(2) Duty to inform individual re critical incident
(3) If individual lacks capacity or is deceased
53.3 (1) Critical incident: health corporation or organization
(2) Regional health authority to notify minister
(3) Investigation and reports of review committee
(4) Reports to regional health authority
(5) Reports by regional health authority to minister
(6) Exception: designated organizations
53.4 (1) Critical incident: regional health authority
(2) Investigation and reports of review committee
(3) Reports to minister
53.4.1 (1) Critical incident: notification by others
(2) Action where notification received
(3) Review committee provisions apply
(4) Retaliation prohibition applies
53.5 Minister's guidelines
53.6 (1) Review committee may require information
(2) Limit re personal health information and personal information
(3) Sharing of information between review committees
53.7 Limit re personal health information and personal information in notices and reports
53.8 Discovery of information to be provided to individual
53.9 Retaliation prohibited
53.10 (1) Limit on access to records re critical incident
(2) Exception
PART 5
GENERAL PROVISIONS
54 Duties and powers of health corporations, etc.
55 Approvals may be subject to conditions
56 (1) Appointment of inspectors by minister
(2) Power to enter, inspect and require production
(3) Use of data processing system and copying equipment
(4) Assistance to inspectors
(5) Warrant by justice
56.1 (1) Minister to appoint interim manager
(2) Powers of the interim manager
(3) Minister may require reports
(4) Limitation on powers
(5) Powers of directors suspended
(6) Directors may continue to act
(7) Directors to assist manager
(8) Termination of appointment of interim manager
57 Confidentiality of information
58 Protection from liability
59 Regulations by Lieutenant Governor in Council
60 Regulations by minister
61 (1) Regulations may create categories
(2) Regulations may incorporate by reference
PART 6
TRANSITIONAL PROVISIONS RESPECTING EMPLOYEES
62 to 77 Repealed
78 (1) Transfer of employees in civil service
(2) Application of Civil Service Superannuation Act
(3) Status of transferred employees
(4) Application of Labour Relations Act
79 Repealed
PART 7
CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE
80 to 86
87 C.C.S.M. reference
88 (1) Coming into force
(2) Coming into force: Part 6