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(1.1) | Repealed |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 |
23.1(1) | Accreditation of regional health authority |
(2) | Copy of accreditation report to be made public |
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(1.1) | Repealed |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) | Limits may be different |
(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 |
38.1(1) | Expenses paid to CEO and other officers to be published on authority's website |
(2) | Information to be published |
(3) | Information that is not to be published |
(4) | Health corporation to provide information to RHA |
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 |