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C.C.S.M. c. E83

The Emergency Medical Response and Stretcher Transportation Act

(Assented to July 11, 1985)

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

Definitions

1           In this Act,

"air ambulance" means an aircraft that is designed and equipped for the transportation of patients; (« ambulance aérienne »)

"ambulance" means a motor vehicle that is designed, constructed and equipped for the transportation of patients; (« ambulance »)

"ambulance operator" means a person who drives or pilots an ambulance or an air ambulance while it is being used to provide emergency medical response services; (« ambulancier »)

"board" means the Manitoba Health Appeal Board created under The Health Services Insurance Act; (« Conseil »)

"emergency medical response services" means the emergency medical response services prescribed in the regulations; (« services d'intervention médicale d'urgence »)

"emergency medical response system" means an undertaking which provides emergency medical response services, and includes the aircraft, vehicles, equipment, personnel, and administrative systems necessary to the provision of the emergency medical response services; (« entreprise d'intervention médicale d'urgence »)

"emergency medical response technician" means a person who provides emergency medical response services to a patient; (« technicien d'intervention médicale d'urgence »)

"fund" means Manitoba Health Services Insurance Fund; (« Fonds »)

"grant" means a financial grant under Part II; (« subvention »)

"licence" means a licence issued under this Act; (« permis »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"municipality" means any locality the inhabitants of which are incorporated under the authority of The Municipal Act or another Act of the Legislature, and includes a rural municipality, a local government district and an incorporated city, town or village; (« municipalité »)

"officer" means a standards officer appointed under Part I; (« inspecteur »)

"patient" means an individual who requires emergency medical response services; (« malade »)

"person" includes a natural person, corporation, partnership, limited partnership, syndicate, trustee, joint venture, an unincorporated association of persons, and a band as defined in the Indian Act (Canada); (« personne »)

"stretcher" means a mobile litter or cot designed to accommodate a person who by reason of illness, infirmity, or physical disability must remain in a horizontal position; (« civière »)

"stretcher attendant" means a person who provides stretcher transportation services; (« porteur de civière »)

"stretcher transportation service" means an undertaking which provides stretcher transportation services and includes the vehicles, equipment, personnel, and administrative systems necessary to the provision of the services; (« entreprise de transport pour personnes sur civière »)

"stretcher transportation services" means the services prescribed in the regulations for assisting and transporting persons requiring a stretcher or similar device; (« services de transport pour personnes sur civière »)

"stretcher transportation vehicle" means a vehicle designed and equipped for the transportation of persons requiring a stretcher or similar device. (« véhicule transportant des personnes sur civière »)

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 42, s. 3; S.M. 2008, c. 42, s. 30.

Delegation by minister

1.1         The minister may, in writing, delegate to any person any power, authority, duty or function conferred or imposed upon the minister under this Act or the regulations.

S.M. 1992, c. 35, s. 54.

PART I

LICENCES AND STANDARDS

Licence required

2           No person shall

(a) operate an emergency medical response system or a stretcher transportation service; or

(b) act as an emergency medical response technician, stretcher attendant or ambulance operator

unless the person has a valid and subsisting licence to do so issued under this Act.

S.M. 1996, c. 42, s. 4.

3           [Repealed]

S.M. 1996, c. 42, s. 5.

Employment of unlicensed persons prohibited

4           No person shall employ or engage another person as an emergency medical response technician, stretcher attendant or ambulance operator unless the other person holds a valid and subsisting licence to do so.

S.M. 1996, c. 42, s. 6.

Application for licence

5(1)        An application for a licence shall be made in writing and shall contain the information and be accompanied by the fee and any documentation required by the regulations.

Issuing or refusing a licence

5(2)        The minister may issue or refuse to issue a licence.

Decision to issue

5(3)        The minister may issue a licence to an applicant if the applicant meets the requirements and standards prescribed in the regulations in respect of the type of licence applied for.

Issue of provisional licence

5(4)        Subject to section 7, if the minister

(a) is not satisfied that an applicant meets all the requirements and standards prescribed in the regulations in respect of the type of licence applied for; and

(b) is satisfied that it is in the public interest to do so;

the minister may, on payment of the prescribed fee, issue to the applicant a provisional licence of the type applied for.

Licence not transferable

5(5)        A licence is not transferable.

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 42, s. 7.

Training courses

6(1)        Where a qualification prescribed in the regulations requires an applicant to have taken and passed a training course, the minister may

(a) determine the training course to be taken and passed, if not specified in the regulations;

(b) conduct the training course or make such arrangements for the training course as the minister considers advisable; and

(c) determine whether the applicant, after taking the training course, has passed it.

Examinations

6(2)        Where a qualification prescribed in the regulations requires an applicant to take and pass an examination, the minister may set or determine the examination to be taken and may determine whether the applicant, after taking the examination, has passed it.

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 42, s. 8.

Need for proposed services

7           The minister shall not issue a licence to operate an emergency medical response system or a stretcher transportation service unless, after consulting with each municipality in the area where the applicant proposes to operate the system or service and other persons the minister deems appropriate, the minister is satisfied that there is a need for an emergency medical response system or a stretcher transportation service in the area.

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 42, s. 9.

Expiry of licences

8           The minister may by regulation prescribe a date for the expiry of every licence, but may issue any licence for a shorter period than that prescribed where the minister considers it to be advisable and in the public interest to do so.

S.M. 1992, c. 35, s. 58.

Conditions of licence

9           Any licence may be issued subject to such conditions as the minister considers requisite, and the holder of the licence shall observe those conditions.

S.M. 1992, c. 35, s. 58.

Unauthorized equipment prohibited

10(1)        A licence holder shall not

(a) store or install in an air ambulance, ambulance, or other aircraft or vehicle used as part of an emergency medical response system, or in a stretcher transportation vehicle; or

(b) use or permit to be used in the course of providing emergency medical response services or stretcher transportation services

any drug, equipment, apparatus or other item that is not authorized by the regulations.

Exception

10(2)       Subsection (1) does not prevent the use of any drug, equipment, apparatus or other item by a duly qualified medical practitioner or a person designated by a medical practitioner if

(a) the medical practitioner has specified that the item be transported with his or her patient while the patient receives emergency medical response services or stretcher transportation services; and

(b) the item is removed following use for the patient.

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 42, s. 10.

Suspension, cancellation of licences

11          The minister may suspend, for such period of time as the minister considers necessary or until a specified condition is met, or cancel any licence, where the licence holder

(a) contravenes or fails to observe a provision of this Act or a regulation made under this Act; or

(b) knowingly makes a false or misleading statment or entry in the application for the licence or in any record or report required to be kept or made under this Act or a regulation made under this Act;

or for any cause the minister considers sufficient.

S.M. 1992, c. 35, s. 58.

Right of appeal

12(1)       An appeal may be made to the board by any person

(a) who has been refused a licence under this Part; or

(b) whose licence has been suspended or cancelled under this Part.

Notice of appeal

12(2)       An appeal under this section shall be commenced by mailing or delivering a notice of appeal setting out the grounds for appeal to the board not more than 30 days after the date on which the appellant receives notice of the refusal, suspension or cancellation, or within such further time as the board permits.

Notice to minister

12(3)       The board shall promptly provide a copy of the notice of appeal to the minister.

S.M. 1992, c. 35, s. 54.

Informal proceedings

13(1)       An appeal under subsection 12(1) shall be conducted on an informal basis, and the board is not bound by the rules of law respecting evidence applicable to judicial proceedings.

Panels

13(2)       The board may appoint a panel of not less than three of its members for the purpose of considering an appeal, and a decision of a majority on the panel is the decision of the board.

Continuation after loss of panel member

13(3)       If, after a panel has commenced considering an appeal, a member of the panel dies, resigns or otherwise becomes incapable of acting, the remaining members of the panel may complete the appeal and render a decision, and the decision is valid as though the remaining members constituted a full panel.

Powers of board on appeal

13(4)       On considering an appeal, the board may

(a) confirm, set aside or vary the decision in accordance with the provisions of this Part and the regulations; or

(b) refer the matter back to the minister for further consideration in accordance with the board's instructions.

Reference to board

13(5)       A reference to the board in section 12 or this section includes a panel of the board.

S.M. 1992, c. 35, s. 54.

Appointment of standards officers

14          The minister may appoint one or more persons as standards officers to carry out the duties and exercise the powers imposed or conferred upon standards officers by section 15.

S.M. 1992, c. 35, s. 58.

Entry and inspection

15(1)       An officer, upon producing an identification card issued by the minister, may at any reasonable time and where reasonably required to determine compliance with this Act,

(a) enter and inspect any place, aircraft or vehicle in which the officer believes on reasonable grounds an emergency medical response system or a stretcher transportation service is operating or a person is providing emergency medical response services or stretcher transportation services;

(b) examine the equipment, installations in and contents of any place, aircraft or vehicle being inspected under clause (a);

(c) require any person to produce for inspection or copying any record or document that the officer believes on reasonable grounds contains information relevant to the administration of this Act; and

(d) conduct any tests or analyses or take any measurements.

Removal of records

15(1.1)     An officer may remove any records or documents or other thing that he or she is entitled to examine, test, analyse or copy or otherwise reproduce but shall give a receipt to the person from whom they were taken and shall promptly return them on completion of the examination, test, analysis, copying or reproduction.

Warrant to enter dwelling place

15(2)       An officer may not enter a dwelling place except with the consent of the occupant or under the authority of a warrant.

Authority to issue warrant

15(3)       A justice who is satisfied by information on oath that

(a) the conditions for entry described in subsection (1) exist in relation to a dwelling place;

(b) entry to the dwelling place is necessary for a purpose related to the administration of this Act; and

(c) entry to the dwelling place has been refused or there are reasonable grounds to believe that entry will be refused;

may at any time issue a warrant authorizing an officer and any other person named in the warrant to enter the dwelling place, subject to any conditions that may be specified in the warrant.

Suspension and other action by officer

15(4)       Where in the course of an inspection or examination under this section it becomes apparent to an officer that the safety or well-being of a person receiving emergency medical response services or stretcher transportation services is at risk, the officer may immediately do one or both of the following:

(a) suspend the licence, if any, of the person providing the emergency medical response services or stretcher transportation services, for up to seven days;

(b) take such other steps as may in the opinion of the officer be necessary for the immediate protection and well-being of any person receiving or about to receive emergency medical response services or stretcher transportation services.

Interference with inspection

15(5)       No person shall obstruct or interfere with an officer engaged in carrying out an inspection under this section.

Reports

15(6)       An officer shall prepare and submit to the minister a report in the form approved by the minister where the officer suspends a licence or takes steps to protect the well-being of a person under subsection (4), and he or she shall forward a copy of the report to the operator of the emergency medical response system or stretcher transportation service.

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 42, s. 11 and 12.

Exemptions

16(1)       Where the minister considers it to be in the public interest to do so, the minister may, by order, exempt a person from the operation of any provision of this Part or a regulation made thereunder, and in that event the provision does not apply to the person notwithstanding anything to the contrary in this Act.

Exemption and substitution

16(2)       Where the minister considers it to be in the public interest to do so, the minister may, by order, exempt a person from the operation of any provision of this Part or a regulation made thereunder and prescribe another provision or other provisions in substitution therefor, and in that event the provision from the operation of which the person is so exempted does not apply to the person notwithstanding anything to the contrary in this Act, but the person shall observe the substituted provision or provisions.

Rescission of orders

16(3)       The minister may at any time rescind an order made under this section, where the minister is satisfied that it is in the public interest to do so.

Automatic expiry of orders

16(4)       An order made under this section expires on December 31 following the coming into force date specified in the order, if not sooner rescinded under subsection (3).

Statutes and Regulations Act does not apply

16(5)       The Statutes and Regulations Act does not apply to an order made under this section.

S.M. 1992, c. 35, s. 58; S.M. 2008, c. 42, s. 30; S.M. 2013, c. 39, Sch. A, s. 52.

Minister may provide services

17          The minister may, subject to this Act and the regulations,

(a) provide emergency medical response services or stretcher transportation services;

(b) operate any business or undertaking of providing emergency medical response services or stretcher transportation services.

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 42, s. 13.

Highway Traffic Act, etc.

18          This Part is subject to The Highway Traffic Act, and any Act of the Parliament of Canada regulating the use of aircraft and applicable in the province, and to the regulations made under those Acts.

PART II

FINANCIAL GRANTS

Payment of grants

19(1)       From and out of the fund, the minister may pay financial grants, upon the receipt of an application therefor, to any municipality or any operator of an emergency medical response system, to assist in the establishment, development and operation of emergency medical response services.

Application for grant

19(2)       An application for a grant under this section

(a) shall be in a form approved by the minister; and

(b) shall be accompanied by a written proposal for an emergency medical response system, in a form approved by the minister, showing how and for what purposes the grant is proposed to be used in the system, and by such financial statements and other documents and information as the minister may require.

Modification of system

19(3)       In making any grant under this section, the minister may review and, in consultation with the recipient, may modify the proposed emergency medical response system submitted by the recipient and may impose requirements to be observed by the recipient in carrying out the system.

Condition of grant

19(4)       It is a condition of any grant made under this section that the recipient thereof

(a) will use the grant in accordance with its proposed emergency medical response system as submitted under subsection (2) or, where the emergency medical response system has been modified under subsection (3), in accordance with its emergency medical response system as modified under that subsection; and

(b) will observe any requirements imposed under subsection (3).

Special audits

19(5)       The minister may at any time cause to be audited the books, records and accounts of any recipient of a grant under this section, relating to the receipt and use of the grant, and the recipient shall render any assistance requested in the course of and for the purposes of the audit.

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 42, s. 14.

Northern Patient Transportation Program

20(1)       From and out of the fund, the minister may from time to time

(a) pay financial grants to regional authorities charged with the administration of the Northern Patient Transportation Program; or

(b) make direct payments to such persons as the minister may determine;

to be used for the purposes of that program and in such manner as the minister may direct.

"Northern Patient Transportation Program" defined

20(2)       In this section, "Northern Patient Transportion Program" means the program established to provide, or to assist financially or otherwise in the provision of, transportation services required to enable persons located at places within that part of northern Manitoba specified and described in a regulation under this Act to obtain medical treatment or diagnosis that is not available at those places.

Residents

20(3)       Benefits under the Northern Patient Transportation Program are available only to or in respect of persons who are residents as defined in The Health Services Insurance Act, and any question that arises as to whether or not a person is a resident within the meaning and for the purposes of this section may be determined by the board.

S.M. 1992, c. 35, s. 58.

PART III

GENERAL

Payments from Consolidated Fund

21          From and out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act, the Minister of Finance may pay to the minister such amounts as the minister may from time to time requisition for the purposes of this Act.

S.M. 1992, c. 35, s. 58.

Special advances

22          With no authority other than this section, and with the approval of the Lieutenant Governor in Council, the Minister of Finance may make advances to the minister, for the purposes of this Act and in addition to any amounts paid under section 21, from and out of the Consolidated Fund at such times and upon such terms and conditions as the Lieutenant Governor in Council may approve.

S.M. 1992, c. 35, s. 58.

Credits to fund

23          Despite The Financial Administration Act, the following shall be placed to the credit of the fund when received for the purposes of this Act:

(a) any amount received under section 21 or 22 or any other provision of this Act;

(b) any amount received from any source for the purposes of this Act; and

(c) any amount of interest received upon moneys from time to time at the credit of the fund for the purposes of this Act.

S.M. 1992, c. 35, s. 58.

Administration costs

24          The costs of administering this Act shall be paid out of the Consolidated Fund.

S.M. 1992, c. 35, s. 54.

Investment

25          If at any time the balance at the credit of the fund for the purposes of this Act is in excess of the amount that is required for the immediate purposes of the Act, the minister shall pay over the surplus moneys to the Minister of Finance for investment for and on behalf of the fund.

S.M. 1992, c. 35, s. 58.

Regulations

26(1)       For the purpose of carrying out the provisions of this Act according to their intent, the minister may make regulations ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the minister may make regulations, not inconsistent with any other provision of this Act,

(a) establishing classes of licences and prescribing qualifications and other requirements for each class of licence;

(a.1) respecting the information and documentation which must accompany an application for a class of licence;

(a.2) prescribing the fee payable for the issuance of any licence;

(b) prescribing a date for the expiry of licences;

(c) establishing standards and prescribing other requirements to be observed by licence holders;

(c.1) prescribing emergency medical response services and stretcher transportation services;

(c.2) prescribing drugs, equipment, and apparatus for use in providing emergency medical response services and stretcher transportation services, standards for, and where and in what circumstances the drugs, equipment and apparatus may be used;

(c.3) prescribing devices that may be used by stretcher attendants in the course of providing stretcher transportation services;

(d) specifying and describing a part of northern Manitoba for purposes of the Northern Patient Transportation Program, to which reference is made in Part II;

(e) respecting forms to be used for various purposes in respect of the administration of this Act and the regulations.

Regulation applicable to part of province

26(2)       A regulation under this section may be made to apply to the whole province or any part of the province.

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 42, s. 15.

Offence and penalty

27(1)       Any person who contravenes or fails to observe a provision of this Act or a regulation made thereunder, or makes any statement or gives any information under this Act or regulation knowing it to be false or misleading, is guilty of an offence and liable, on summary conviction,

(a) if it is an offence under a provision of Part I, to a fine not exceeding $1,000.00 for each day that the contravention or failure to observe continues or, in the case of an individual, to imprisonment for a term not exceeding 30 days or to both the fine and the imprisonment; and

(b) if it is an offence under a provision of Part II, to a fine not exceeding $1,000.00 or, in the case of an individual, to imprisonment for a term not exceeding 30 days or to both the fine and the imprisonment.

Penalty in addition to suspension or cancellation

27(2)       Where a licence is suspended or cancelled for the reason that the holder is guilty of an offence under subsection (1), the penalty provided in that subsection may be imposed on the holder in addition to the suspension or cancellation.

C.C.S.M. reference

28          This Act shall no longer be referred to as chapter A65 of the Continuing Consolidation of the Statutes of Manitoba but may be referred to as chapter E83 of the Continuing Consolidation of the Statutes of Manitoba.

S.M. 1996, c. 42, s. 16.

Commencement of Act

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

NOTE:  S.M. 1985-86, c. 7 came into force by proclamation on October 1, 1988.

 

 


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