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The District Health and Social Services Act
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This version is current as of December 15, 2017.
It has been in effect since May 1, 2014.

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C.C.S.M. c. H26

The District Health and Social Services Act

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

Definitions

1(1)        In this Act

"affected municipality" where used in connection with a district or a board means a municipality all or part of which is within the district or within the district of the board; (« municipalité touchée »)

"board" means a health and social services board established under this Act, and where used to refer to the board of a district means the board established under this Act for that district; (« Conseil »)

"district" means a health and social services district established under this Act; (« district »)

"facilities" means premises in which health services or social services, or both, are provided including the equipment in the premises used to provide the services and without limiting the generality of the foregoing includes hospitals, personal care homes, clinics and laboratories; (« installations »)

"health region" means a health region established or continued under The Regional Health Authorities Act; (« région sanitaire » )

"health services" has the same meaning as under The Regional Health Authorities Act; (« services de santé » )

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

"municipality" includes a local government district; (« municipalité »)

"regional health authority" means a regional health authority established or continued under The Regional Health Authorities Act; (« office régional de la santé »)

"regulation" means a regulation made under this Act, and where used to refer to regulations respecting a board of a district means the regulations made under section 6 that apply to that board or that district, as the case may be; (« règlement »)

"social services" has the same meaning as under The Regional Health Authorities Act. (« services sociaux »)

Local government district

1(2)        Where under this Act, any act or proceeding is required or permitted to be done or taken by a local government district, the act or proceeding shall or may be done or taken by the resident administrator of the local government district, and where there is reference in this Act to the council of a municipality that reference shall include the resident administrator of a local government district where the context so requires.

Inclusion of lands outside municipalities

1(3)        A regulation made under section 6 may provide for the inclusion within a district of lands not within a municipality, and where lands not within a municipality are included within a district the regulations respecting the district shall provide that the government

(a) through the member of the Executive Council charged with the administration of The Municipal Act; or

(b) where the lands are within Northern Manitoba as that expression is defined in The Northern Affairs Act, through the member of the Executive Council charged with the administration of that Act;

is responsible for paying some apportioned share of the costs and expenditures of the board of the district that are not approved by the minister in the minister's reviews of the budgets of the board in the same manner as an affected municipality.

Delegation by minister

1(4)        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. 55 and 58; S.M. 1993, c. 29, s. 183; S.M. 1996, c. 53, s. 80.

2 to 5      [Repealed]

S.M. 1996, c. 53, s. 80.

Establishment of district and board

6(1)        Subject as hereinafter provided, the Lieutenant Governor in Council may, by regulation, establish a health and social services district, define its boundaries or describe its area and give it a name by which it may be known, and establish a health and social services board to provide health services and social services within the district and give the board a name by which it shall be known.

Variation in districts and boards

6(2)        Subject as hereinafter provided, the Lieutenant Governor in Council may, by regulation, vary the size and boundaries of a district or vary any aspect of the organization, administration or financial support of a board or vary the health services or social services provided by a board in its district or vary two or more of those matters.

Limitation respecting establishment of districts

6(3)        A health and social services district shall not be established after the coming into force of The Regional Health Authorities Act.

S.M. 1996, c. 53, s. 80.

Boundaries co-terminus

7           The boundaries of a district shall be defined or the area described in such a way that the boundaries of the district follow, as much as possible, boundaries of municipalities, school divisions, hospital districts or other areas previously determined under or in accordance with an Act of the Legislature for the purposes of such Act.

Details of regulation

8           A regulation under subsection 6(1) shall

(a) provide for the organization and composition of the board;

(b) and (c) [repealed] S.M. 1996, c. 53, s. 80;

(d) specify the method of apportioning among the affected municipalities the amount of costs or expenditures of the board that are not approved by the minister and that were incurred or made prior to the coming into force of The Regional Health Authorities Act;

and shall set out such other details and deal with such other matters as the Lieutenant Governor in Council deems advisable.

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 53, s. 80.

Statutes and Regulations Act does not apply

9           The Statutes and Regulations Act does not apply to a regulation made under section 6.

S.M. 2013, c. 39, Sch. A, s. 58.

Restriction on repeal

10          Except where a board has transferred its operations, property, liabilities and obligations to a regional health authority and the board and its district have been dissolved and disestablished under Division 4 of Part 4 of The Regional Health Authorities Act, the Lieutenant Governor in Council shall not repeal a regulation made under section 6 unless not less than 1/2 of the affected municipalities within the district have, by resolution of the council thereof, approved the proposed repeal.

S.M. 1996, c. 53, s. 80.

11 to 16    [Repealed]

S.M. 1996, c. 53, s. 80.

Corporate status

17(1)       Upon being elected or appointed, the persons who are from time to time members of a board are a body corporate under the name given to the board by the Lieutenant Governor in Council, but The Corporations Act does not apply to the board.

Non-profit board

17(2)       A board is a non-profit corporation, and no member of the board shall by reason of his membership on the board receive any pecuniary gain from the revenues of the board, but a member of the board may be reimbursed for his reasonable expenses incurred in connection with the performance of his duties and functions as a member of the board.

Municipal representation on board

18           The council of each affected municipality in a district shall in accordance with the regulation respecting the board elect or appoint or have the right to nominate at least one person resident within the district as a member of the board of the district.

Authorized health services

19(1)       Notwithstanding any regulation under this Act, a board of a district shall only provide health services which are funded or approved by the regional health authority for the health region in which the district is located.

Authorized social services

19(2)       Notwithstanding any regulation under this Act, a board of a district shall only provide social services which

(a) are funded by the government; or

(b) are funded or approved by the regional health authority for the health region in which the district is located.

Agreements

19(3)       For the purposes of providing health services or social services under subsections (1) and (2), a board of a district may enter into agreements with

(a) the regional health authority for the health region in which the district is located;

(b) the government; or

(c) any other person or group of persons.

S.M. 1996, c. 53, s. 80.

Boards subject to law

20          In providing health services or social services, or both, a board is subject to and shall comply with the law relating to those health services or social services except as may be otherwise provided by this Act or The Regional Health Authorities Act.

S.M. 1996, c. 53, s. 80.

Board may engage employees and others

21(1)       Where a board is authorized to provide health services or social services under section 19, the board may employ or contract with such persons as are necessary for those purposes.

Authorized charges for services

21(2)       Where authorized by The Regional Health Authorities Act or a regulation under that Act, a board may charge fees for health services directly to the person receiving the health services, at the rates fixed in, or calculated in accordance with, the regulations under that Act.

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 53, s. 80.

Powers respecting real property

22(1)       With the approval of the regional health authority for the health region in which the district is located, a board of a district may

(a) purchase, lease or otherwise acquire for consideration lands, buildings or structures, including facilities, in the health region necessary for its purposes; and

(b) construct, renovate, expand, convert or relocate buildings or structures, including facilities.

Restrictions respecting sale

22(2)       Where the government or a regional health authority has provided funds respecting the acquisition, expansion, conversion or relocation of, or major renovations to, a facility, a board of a district shall not sell, lease or otherwise dispose of the facility, or real property associated with the facility, without the approval of the regional health authority for the health region in which the facility is located.

Minister's approval required

22(3)       A regional health authority shall not provide an approval under subsection (1) or (2) without the prior approval of the minister.

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 53, s. 80.

Grants, gifts, etc.

23(1)       A board of a district may accept grants, gifts, donations and bequests of real or personal property, including money, or of any interest in real or personal property, from any source, and, where the grant, gift, donation or bequest is made subject to directions or conditions, the board shall comply with and give effect to the directions or conditions.

Purchase of equipment

23(2)       With the approval of the regional health authority for the health region in which the district is located, a board of a district may purchase, lease or otherwise acquire for consideration equipment for use in providing the services authorized under section 19.

Minister's approval required

23(3)       A regional health authority shall not provide an approval under subsection (2) without the prior approval of the minister.

S.M. 1996, c. 53, s. 80.

Borrowing

24(1)       Subject to The Regional Health Authorities Act and the regulations under that Act, a board of a district may borrow money for the purposes of the board, and may pledge assets of the board as security for money borrowed.

Securities

24(2)       Subject to The Hospital Capital Financing Authority Act and The Regional Health Authorities Act and the regulations under that Act, a board of a district may issue securities.

Investments

24(3)       A board of a district shall comply with any requirements and restrictions respecting investment of funds under The Regional Health Authorities Act and the regulations under that Act.

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 53, s. 80.

Approvals may be subject to conditions

24.1        An approval given by the minister or a regional health authority under this Act may be subject to terms and conditions.

S.M. 1996, c. 53, s. 80.

Assigning employees

25          Any member of the Executive Council may, with the agreement of the board, assign a person employed by the government under the member of the Executive Council to a board to perform duties and functions specified by the board and the assignment does not affect the status of the person under The Civil Service Act or The Civil Service Superannuation Act, and the member of Executive Council may terminate the assignment at any time.

Status of employees

26          For the purposes of The Civil Service Act and The Civil Service Superannuation Act, a board is an agency of the government and either or both of those Acts may be made to apply to all or some of the employees of the board as though the board was an agency of the government.

27 and 28   [Repealed]

S.M. 1996, c. 53, s. 80.

29          [Repealed]

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 53, s. 80.

30          [Repealed]

S.M. 1996, c. 53, s. 80.

31 to 34    [Repealed]

S.M. 1992, c. 35, s. 55 and 58; S.M. 1996, c. 53, s. 80.

Apportionment of excess liabilities

35          Where a board does not have sufficient moneys in any year to meet its obligations that come due in that year, it shall, as soon as possible after the end of the year, apportion the deficiency among the affected municipalities in accordance with the regulations and charge to each of the affected municipalities its proportionate share, and each of the affected municipalities shall pay to the board the amount apportioned to it within 90 days of the date it receives notice of the amount charged to it or such other time as the board may approve.

S.M. 1996, c. 53, s. 80; S.M. 1997, c. 41, s. 18.

Apportionment where agreement to transfer operations

35.1(1)     Where a board and a regional health authority have entered into an agreement pursuant to section 46 of The Regional Health Authorities Act, the board shall calculate the amount of any unfunded outstanding debts of the board, and shall apportion among, and charge to the affected municipalities this amount in accordance with the regulations.

Payment by affected municipalities

35.1(2)     Each affected municipality shall pay to the board or, where the board has been dissolved and disestablished under The Regional Health Authorities Act, to the regional health authority for the health region in which the district was located, the amount apportioned and charged to it under subsection (1) within 90 days of the date a request for payment has been received by the municipality or such other time as the board or the regional health authority may approve.

S.M. 1997, c. 41, s. 18.

Inspection for minister

36(1)       Any person authorized by the minister for the purpose, may, at any reasonable time

(a) enter and inspect any facilities of a board;

(b) examine, make copies of and take extracts from, any books, records, files, registers, accounts or documents of a board; and

(c) require a board or an official thereof to provide or verify information concerning the business and affairs of the board.

Confidentiality of certain information

36(2)       Information obtained by or furnished to the minister or a person authorized under this section, and relating to or respecting

(a) the relationship of a medical practitioner to his patient; or

(b) the medical services rendered by a medical practitioner to a patient;

shall not be communicated to any person not legally entitled thereto.

Suspension of board

37(1)       Where the minister is satisfied that a board

(a) has failed to meet standards prescribed in the regulations or in any regulation made under any other Act of the Legislature in respect of any program or facility operated by the board or in respect of any health service or social service provided by the board; or

(b) has failed to show financial responsibility; or

(c) has failed to meet its financial obligations;

he may suspend the powers of a board for such period as he may determine and in that event the minister is, during the period of the suspension, seized with all the powers, and assets of the board, and shall for all purposes stand in the place of, exercise powers and perform functions for and in the name of, the board, and administer the business and affairs of the board.

Liabilities

37(2)       Where the minister suspends the powers of a board under subsection (1) the minister is, during the period of the suspension, responsible for the liabilities and obligations of the board to the extent only of the value of the assets and properties of the board, and the minister may contract with persons to administer on behalf of the minister the business and affairs of the board during the suspension.

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

Regulations of Lieutenant Governor in Council

38          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council 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 Lieutenant Governor in Council may make regulations

(a) and (b) [repealed] S.M. 1996, c. 53, s. 80;

(c) prescribing qualifications for members of boards and grounds for disqualification of members of boards;

(d) limiting the terms of office of members of boards and limiting the re-appointment or re-election of members of boards for successive terms;

(e) prescribing procedures for filling vacancies on boards;

(f) requiring boards to hold public meetings and prescribing the manner of calling, the matters to be dealt with, and the procedure for such meetings;

(g) respecting elections of members of boards to be elected;

(h) prescribing forms of consent to be given by persons before they receive certain health services or social services and respecting the effect of such consents.

S.M. 1996, c. 53, s. 80.

Regulations of minister

39(1)       For the purpose of carrying out the provisions of the Act the minister may make regulations not inconsistent with any other provision of this Act

(a) specifying the manner of and other details relating to the provision of health services and social services by a board;

(b) prescribing standards to be observed by boards in the provision of health services and social services and in the construction, maintenance and operation of facilities;

(c) and (d) [repealed] S.M. 1996, c. 53, s. 80;

(e) prescribing forms to be used by boards or by persons receiving health services or social services from boards;

(f) [repealed] S.M. 1992, c. 35, s. 58;

(g) respecting the location and standards of facilities and equipment in facilities;

(h) respecting model by-laws and rules for boards and requiring certain by-laws and rules to be made by boards;

(i) prescribing books, registers, accounts, files and records to be kept by boards for various purposes;

(j) prescribing rules respecting confidentiality of information received or collected by boards;

(k) prescribing rights of persons to whom a board provides health services or social services;

(l) [repealed] S.M. 1996, c. 53, s. 80.

Statutes and Regulations Act does not apply

39(2)       The Statutes and Regulations Act does not apply to a regulation made under subsection (1) but the minister must send a copy of the regulation to each board.

Retroactive effect

39(3)       A regulation made under subsection (1) may be retroactive and effective during a period beginning before the regulation was made on a date fixed in the regulation.

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 53, s. 80; S.M. 2013, c. 39, Sch. A, s. 58.

By-laws of boards

40          Subject to the approval of the minister, each board shall make by-laws

(a) respecting the time, place and manner of holding annual and other meetings of the board;

(b) respecting procedures of the board at their meetings;

(c) determining the place of the head office of the board within the community of the board;

(d) creating, and delegating duties to, executive and other committees of the board;

(e) respecting the officers of the board and their powers and duties;

(f) respecting rules of conduct of persons admitted to receiving services in, using or visiting facilities of the board;

(g) respecting standards and conditions of employment of employees of the board;

(h) respecting the appointment, rights, duties and conduct of professional staff of the board.