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The Health Services Act
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This version is current as of May 24, 2017.
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C.C.S.M. c. H30

The Health Services Act

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

Definitions

1           In this Act,

"department" means The Department of Health, Healthy Living and Seniors; (« ministère »)

"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 »)

"hospital district" means a hospital district established under Part III; (« district hospitalier »)

"laboratory and X-ray facilities" includes mechanical, electrical, laboratory, and other facilities and equipment necessary or useful in the diagnosis of disease and other abnormal conditions of the human body; (« installations de laboratoire et de radiographie »)

"medical service unit district" means a district established under Part III in which there is established a medical service unit as defined in section 27; (« district régional de services médicaux »)

"minister" means the Minister of Health; (« ministre »)

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

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

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 53, s. 81; S.M. 2014, c. 32, s. 31.

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. 56.

2           [Repealed]

S.M. 1996, c. 53, s. 81.

Regulations by the minister

3           For the purpose of carrying out the provisions of this Act according to their intent, the minister may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by this section has the force of law.

Regulations

4           Without restricting the generality of section 3 the minister may make regulations in accordance with the provisions herein set forth for

(a) and (b) [repealed] S.M. 1996, c. 53, s. 81;

(c) the establishment, continuance, organization, and administration, of hospital districts, medical nursing unit districts, medical service unit district, and hospital areas each comprising two or more hospital districts, medical nursing unit districts, or medical service unit districts, including the establishment, continuance, and, subject as herein provided, the appointment of the members of the governing boards of the respective hospital districts, medical nursing unit districts, and medical service unit districts; and for the inclusion in any hospital district, medical nursing unit district, medical service unit district, or hospital area, of the whole or any part of a municipality, or of any portion of the province that the minister may designate.

S.M. 1988-89, c. 15, s. 4; S.M. 1996, c. 53, s. 81; S.M. 1998, c. 45, s. 12.

5           [Repealed]

S.M. 1988-89, c. 15, s. 5.

Regulation confirmed by L.G. in C.

6(1)        A regulation made under this Act does not, subject to subsection (2), have any force or effect until it has been confirmed by order of the Lieutenant Governor in Council.

Effect of publication

6(1.1)      Publication of a regulation made under this Act is conclusive proof of the establishment of any unit area, district, agency, organization or service to which reference is made in the regulation and that all requirements of this Act relative to its establishment have been complied with.

Retroactive regulations

6(2)        A regulation made under this Act establishing, dissolving, or altering

(a) and (b) [repealed] S.M. 1996, c. 53, s. 81;

(c) a hospital district; or

(d) a hospital area; or

(e) [repealed] S.M. 1996, c. 53, s. 81;

(f) a medical service unit district;

may be made effective retroactively to such date as may be fixed in the regulation.

S.M. 1988-89, c. 15, s. 6; S.M. 1996, c. 53, s. 81.

Investigations by minister

7(1)        The minister may make such inquiries, investigations, and surveys, as the minister considers advisable in respect of matters or things that are the subject of, or dealt with in, this Act, or to which this Act applies.

7(2) and (3)  [Repealed] S.M. 1992, c. 35, s. 58.

Payment of costs of investigations, etc.

7(4)        The cost and expenses of any such inquiry, investigation, or survey, including the salary, wages, or other remuneration, of any person engaged to assist in the making thereof, shall be paid 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 the department.

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

PART I

8 to 21     [Repealed]

S.M. 1996, c. 53, s. 81.

PART II

22 to 26    [Repealed]

S.M. 1996, c. 53, s. 81.

PART III

HOSPITAL DISTRICTS

Definitions

27          In this Part,

"area" means a hospital area for hospital purposes established under this Part and consisting of two or more hospital districts; (« région »)

"board" means the governing board of a district; (« Conseil »)

"district" means a medical nursing unit district, a medical service unit district, or a hospital district; (« district »)

"hospital" includes the hospital of a hospital district, a medical service unit, and also includes a building or part of a building for the accommodation of nursing staff of a hospital; (« hôpital »)

"included area" means the area

(a) of a municipality, or

(b) of a school district in unorganized territory that is not in a local government district, or

(c) of a local government district,

that is included in a district or proposed district, as the case may be, whether it is the whole or part of a municipality or of a school district or of a local government district; (« région incluse »)

"included municipality" means

(a) a municipality, or

(b) a school district in unorganized territory that is not in a local government district, or

(c) a local government district,

of which the whole or any part is included in a district or proposed district, as the case may be; (« municipalité incluse »)

"medical service unit" means a building containing offices and treatment rooms for physicians and other health personnel and includes any building or part of a building used as a residence for physicians and other health personnel; (« centre de service médical »)

"organization committee" means the committee appointed by the minister pursuant to section 32. (« comité d'organisation »)

"rateable property" means real or personal property that is assessable property, as defined in The Municipal Assessment Act, and that,

(a) under The Municipal Assessment Act, is subject to taxation, or

(b) is not subject to taxation and for which a grant is made in the place of taxes; (« biens taxables »)

"total municipal assessment" means total municipal assessment as defined in The Municipal Assessment Act. (« évaluation municipale totale »)

S.M. 1989-90, c. 24, s. 81.

Preparation of plan by minister

28(1)       Where

(a) a resolution in favour of the establishment of a hospital district or a medical nursing unit district or a medical service unit district is passed by the council of a municipality of which the whole or any part would be included in the proposed district; or

(b) 10% of the resident electors in the area that would constitute the proposed district petition the minister for establishment of a hospital district or a medical nursing unit district; or a medical service unit district;

if the minister is satisfied that it is desirable to consider the establishment of such a district, he shall prepare a preliminary and tentative plan setting out details relative to the proposed district.

Limitation respecting establishment of districts

28(2)       A plan under subsection (1) shall not be prepared, and a hospital district, medical nursing unit district or medical service unit district shall not be established, after the coming into force of The Regional Health Authorities Act.

S.M. 1996, c. 53, s. 81.

Approval of plan

29          The minister shall submit the plan for approval by the council of each municipality that it is proposed in the plan should be wholly or partly included in the proposed district.

Approval or disapproval of plan

30          The council of each municipality to which a plan has been submitted shall consider it, and shall, by resolution, approve or disapprove it within 60 days after the plan has been submitted to it; and the council shall notify the minister of its decision thereon.

Petition by electors on disapproval of plan by councils

31          Where the councils of a majority of the municipalities to which a plan is submitted disapprove it, if 10% of the resident electors in that area of each of those municipalities that, under the plan, is included in the proposed district petition the minister to arrange, as hereinafter provided, for the preparation of a scheme for the establishment of hospital facilities for the district when established, the minister may proceed as provided in section 32.

When notice of appointment of organization committee required

32          Where

(a) the councils of a majority of the municipalities to which a plan is submitted approve it; or

(b) a petition is presented to the minister under section 31, and he decides to proceed under this section;

the minister shall give written notice to the councils of all municipalities to which the plan was submitted that it is intended to proceed with the appointment of a committee and the preparation of a scheme as provided in this section and section 39.

Nomination of members of organization committee

33          Where the minister gives notice to a council of a municipality as provided in section 32, the council shall, by resolution, nominate a number of persons, including at least one member of the council, to compose a panel from which shall be selected as hereinafter provided the persons who shall represent the municipality on an organization committee to be appointed by the minister; and shall forthwith advise the minister of the names and addresses of the persons so nominated.

Appointment of organization committee

34          When each of the municipalities to which the plan was submitted has nominated the members of the panel, the minister shall, by written order signed by him, appoint an organization committee consisting of persons selected by him from the members of the panels so nominated and any person whom he may appoint under section 35; and the minister shall notify each of the said municipalities, and each of the members so appointed of the appointment of the committee and the names of all members thereof.

Appointment on failure of municipality to nominate representatives

35          Where a municipality fails to nominate the members of a panel within 40 days after receipt of a notice from the minister as provided in section 32, the minister may appoint one or more persons as representative or representatives of that municipality on the organization committee.

Council members on committee

36          At least one of the persons representing a municipality on the organization committee may be a member of the council of the municipality; but where two or more persons are appointed to represent the municipality, at least one of those persons but not more than one half of them, shall be members of the council.

Committee member ceasing to be member of council

37          A member of the council of a municipality who represents the municipality on the organization committee shall, on ceasing to be a member of the council, also cease to be a member of the organization committee, but may be re-appointed as provided in subsection 38(1).

Filling of vacancies

38(1)       Where, for any reason, a vacancy occurs in the membership of the organization committee, the minister may, subject to section 36, from among persons nominated by the council of the municipality affected as provided in sections 33 and 34, appoint a person to fill the vacancy and to represent the municipality; and, subject as aforesaid, the person so appointed may be a person who ceased to be a member pursuant to section 37.

Term of office

38(2)       Each member of the organization committee shall hold office until his successor, if any, is appointed as may be prescribed in the regulations.

Interim chairman and first meeting

38(3)       When appointing the organization committee, the minister shall appoint one member thereof as interim chairman, and shall notify him of the appointment; and the interim chairman shall call the first meeting of the committee within 14 days after he receives notice of his appointment.

Quorum

38(4)       A majority of the members of the organization committee present in person at a duly called meeting shall constitute a quorum for the transaction of business.

Procedure at first meeting

38(5)       At the first meeting of the organization committee the members shall

(a) elect a permanent chairman and a vice-chairman who shall hold office for such time as is prescribed in the regulations;

(b) adopt such rules relating to the procedure of the committee as they may deem necessary or desirable; and

(c) appoint a secretary, who may be a member of the committee, and fix his duties and the amount of his remuneration, if any, and arrange for the payment of remuneration.

Meetings of committee

38(6)       Meetings of the organization committee shall be held on the call of the chairman or vice-chairman and as may be prescribed in the regulations.

Preparation of scheme by organization committee

39(1)       The organization committee shall, forthwith upon its appointment, study the plan and prepare a scheme providing for

(a) the establishment of hospital facilities for the proposed district by

(i) the purchase of a site and the erection of suitable buildings, and the furnishing and equipping of the same as a hospital, including accommodation for the nursing staff and an operating room, with all necessary appliances, or

(ii) the purchase or renting of a suitable building and equipment thereof as a hospital, or

(iii) the purchase or renting of any existing hospital, or

(iv) entering into an agreement with any other hospital board, or with any governing body of any other hospital within or without the province, for the purpose of providing suitable hospital facilities for the residents of the proposed district;

(b) an estimate of the capital expenditure for the erection and equipment of hospitals in the proposed district, and, if necessary, a plan for borrowing moneys to pay for that expenditure, and, in the case of an issue of debentures, for the terms thereof, the proposed rate of interest payable thereon, and other particulars relating thereto;

(c) an estimate of the probable annual revenue, and the probable annual expenditure incident to the maintenance and operation of the hospital;

(d) a plan for the division of the proposed capital, maintenance, and operation expenditure among the various included areas in the proposed district; and

(e) the name and number of the district, which name shall end with the words "Hospital District" and the abbreviation "No.           "; or the words "Medical Nursing Unit District" and the abbreviation "No.           ", or the words "Medical Service Unit District" and the abbreviation "No.           "; as the case may be.

Variation of amount within included area

39(2)       A plan to which clause (1)(d) refers may provide that the share of the proposed capital, maintenance, and operation expenditure allotted to any included area may be apportioned in varying or unequal shares to different parts of that included area, as the organization committee may deem advisable.

Choosing of name, etc., by minister

39(3)       Where provision for a name and number for the district is not made in the scheme, the minister may give the district a name and number, and may amend the scheme in so far as is necessary for that purpose.

Further provisions of scheme

39(4)       The scheme may also provide for

(a) the enlargement or reduction of the area of the proposed district, or the alteration of the boundaries thereof;

(b) the continued operation and management of the district, and of the hospitals belonging thereto, by the board;

(c) the establishment at any time, by by-law passed by the board, of one or more local administrative committees to operate and manage individual hospitals belonging to the district as provided in section 72; and

(d) the method of appointment, the terms of office, and, subject to this Act and every other Act of the Legislature and to the regulations, the powers and duties, of the members of a local administrative committee established under clause (c) and the procedure of the committee.

Apportionment of capital expenditure

39(5)       Where necessary the scheme shall also provide for the division among, and apportionment to, the included municipalities of the capital expenditure for building and equipping the hospital, other than for equipment supplied by the government; and for the raising of the amount required for that purpose by the imposition of levies as set out in subsections (6) and (7), or by public subscription, or by both of such methods, or in any other manner that the council of an included municipality may approve.

Levies

39(6)       Where a scheme provides for the making of levies for the purposes mentioned in subsection (5), it shall provide

(a) for the making of an annual levy by the council of the included municipality, or of each of the included municipalities, affected on the rateable property in the municipality that is included in the city, town, village, unincorporated village district, local improvement district, hamlet, community, or other place, in which the hospital is situated; and

(b) that the total of the amounts raised by all annual levies made under clause (a) shall not

(i) be less than 10%, or

(ii) be more than 30%,

of the capital expenditure to which reference is made in subsection (5).

Further levy

39(7)       The scheme shall further provide that the board shall make an estimate of the amount that will be raised by the levies mentioned in subsection (6), and that after deducting the amount so estimated, the balance of the estimated expenditure required for the purposes mentioned in subsection (3) shall be apportioned among the included municipalities and raised by a further levy as hereinafter provided.

Borrowing for preparation of scheme

39(8)       The organization committee may borrow moneys required in order to prepare the scheme to an amount not exceeding $500., unless the minister gives special written authorization to the borrowing of a larger amount stated in the authorization.

Repayment of moneys so borrowed

39(9)       Moneys borrowed under subsection (8) shall be a debt to the bank or other person from which or whom they are borrowed, and shall be payable by the several included municipalities in proportions based on the part of the total municipal assessment that pertains to each of the several included municipalities.

Basis of apportionments, and limitation as to amount

39(10)      Unless specifically otherwise provided in the scheme, apportionments made under this section shall be based on the part of the total municipal assessment that pertains to each included area; and, except for levies for which provision is made under subsection (6), the apportionments made in the preparation of the scheme shall not be such as to require a levy of a rate higher than two mills on each dollar of the part of the total municipal assessment that pertains to each included area.

Limitation respecting apportionment

39(11)      Notwithstanding any provision of this Act, the regulations or a scheme under this Act, a board shall not make any apportionment under subsection (5) among the included municipalities of any capital expenditure incurred after the coming into force of The Regional Health Authorities Act.

S.M. 1989-90, c. 24, s. 81; S.M. 1996, c. 53, s. 81.

Duties of minister in preparation of scheme

40          During the preparation of the scheme the organization committee shall consult the minister from time to time; and the minister shall advise the organization committee on all subjects in connection therewith, and shall prepare, or cause to be prepared, standard drawings or plans for any proposed hospital.

Copies of scheme from organization committee

41(1)       On completion of the scheme the organization committee shall send to the minister three copies thereof for each municipality or part of a municipality that is included in the proposed district together with five additional copies, and each copy shall be signed by the chairman and the secretary-treasurer.

Duties of Municipal Board

41(2)       On receipt of the copies of the scheme the minister shall send two copies thereof to The Municipal Board for its approval of the financial provisions thereof as they affect the municipalities; and The Municipal Board shall

(a) approve the scheme as to the levies by municipalities and return a copy thereof to the minister with its approval noted thereon over the signature of the chairman; or

(b) return one of the copies sent to it with suggestions for alterations or additions; or

(c) refuse to give its approval to the financial provisions of the scheme and state in writing its reasons for such refusal.

Amendments by Municipal Board

41(3)       Where The Municipal Board makes suggestions for alterations or additions to the scheme as regards the financial provision thereof, the minister in his discretion, may

(a) agree to, and adopt, the alterations or additions and return the copy of the scheme to The Municipal Board for its approval; or

(b) return a copy of the scheme to the organization committee for further consideration, having in mind the suggested alterations or additions.

Refusal of approval by Municipal Board

41(4)       Where The Municipal Board does not approve the financial provisions of the scheme as they affect the municipalities, the minister shall advise the organization committee of that fact and of the reasons therefor stated by The Municipal Board, and may request the organization committee to prepare a new scheme.

Action of minister on approval by Municipal Board

41(5)       Where The Municipal Board approves the scheme, the minis ter, if he is satisfied therewith, may

(a) approve the scheme in writing by a notation endorsed on a copy thereof over his signature; and

(b) if he deems that it is necessary or advisable, cause the scheme to be published in a newspaper or in such other manner as he may direct;

and shall thereupon send a copy thereof, with a copy of his approval endorsed thereon, to each included municipality.

Ratification of scheme by municipality

42          A council of each included municipality, on receipt of a copy of the scheme from the minister as provided in section 41, may, by by-law, ratify the scheme and, subject to any authorization of The Municipal Board required under The Municipal Act or The Municipal Board Act, authorize the borrowing of any money required to be borrowed under the scheme.

Establishment of district

43          Where the scheme has been ratified by by-laws of the included municipalities, the minister shall by regulation establish the district; and, when the regulation is in effect, he shall give written notice thereof to the council of each included municipality, and the council shall thereafter proceed as herein provided.

Continuance of district

43.1        The minister may by regulation continue a district; and, when the regulation is in effect, the minister shall give written notice thereof to the council of each included municipality.

S.M. 1988-89, c. 15, s. 7.

Effect of regulations establishing district

44          The making of a regulation establishing or continuing a district shall, when the regulation is in effect, be conclusive proof for all purposes

(a) that compliance has been made with all the provisions of this Act that must be complied with before the district is established; and

(b) without restricting the generality of clause (a), that

(i) a by-law ratifying the scheme has been duly passed by the council of each included municipality in the district, and

(ii) that the by-law complies with all requirements of The Municipal Act and The Municipal Board Act that apply to the by-law, and that it has been authorized by The Municipal Board as required by those Acts.

S.M. 1988-89, c. 15, s. 8.

Provisions of regulations establishing district

45          Regulations by the minister for the establishment and organization of a hospital district, a medical nursing unit district or hospital area, including the appointment of the members of the board thereof,

(a) shall provide for

(i) the number, and term of office, of the members of the board,

(ii) the number of members of the board that shall be appointed by each included municipality,

(iii) the election of a chairman and vice-chairman of the board,

(iv) the appointment and employment of a secretary-treasurer of the board and of such officers, clerks, and employees, of the district as the minister may deem necessary or advisable, and

(v) such other matters relating to the organization and procedure of the board as the minister may deem necessary or advisable;

(b) may make provision respecting the construction, equipment, maintenance, operation, inspection, supervision, control, and management, and the auditing and investigation of the accounts and affairs of, districts and areas, and of any hospital maintained or operated by a district, and respecting such other matters as arise out of the operation of a hospital by a district;

(c) shall approve a specified scheme, ratified as provided herein;

(d) shall set out the names and addresses and occupations of the first members of the board of the district as provided in section 46.

S.M. 1988-89, c. 15, s. 9.

Regulation continuing district

45.1        Where the minister by regulation continues a hospital district, a medical nursing unit district or a hospital area the minister may, notwithstanding section 45, omit expired or spent provisions from the regulation.

S.M. 1988-89, c. 15, s. 10.

Validation

45.2        The regulation entitled "Hospital Districts and Medical Nursing Districts Regulation" made by the Minister and confirmed by the Lieutenant Governor in Council on December 14, 1988 is validated and is deemed to have been lawfully made and confirmed.

S.M. 1988-89, c. 15, s. 10.

Formation of first board from organization committee

46(1)       When a district is established and the minister gives notice thereof as provided in section 43, the organization committee shall at once cease to exist, but the members thereof shall, from the time the regulation establishing the district becomes effective, be the first board of the district.

Appointment of municipal representatives

46(2)       Subject to subsection 78(2), at its first meeting in each year thereafter the council of each included municipality shall, subject to the regulations, by resolution appoint the persons who are to represent the municipality on the board but no person shall be so appointed unless he is a resident of the municipality and resides within the district.

Restriction on municipal membership

46(3)        Subject to subsection 78(2), where two or more persons are appointed to represent a municipality on the board of a district, at least one, but not more than 1/2 of those persons shall be members of the council of the municipality.

Term of office

46(4)       The members of the board shall hold office until their successors are appointed as provided herein and in the regulations.

Approval of minister to appointments

46(5)       The council of each included municipality shall immediately after the appointment of any person as a member of the board of a district advise the minister in writing of the name of the person appointed.

Meetings of board

47(1)       Subject to the regulations, the board shall hold meetings during the year at such times and at such places as are fixed, from time to time, by resolution of the board.

Quorum and procedure of board

47(2)       A majority of the members of the board shall form a quorum for the transaction of business; and, subject to the regulations, they may make and adopt rules regulating the transaction of business, and may provide therein for the appointment of committees to whom they may delegate any of their powers and authorities, for the purpose of carrying out the work entrusted to them.

Appointment of municipal representatives by minister

47(3)       Where an included municipality fails to appoint any one or more of its representatives on the board within 60 days after receipt of a notice from the minister as provided in section 43, the minister may appoint one or more persons as representative or representatives of the municipality to fill the vacancy or vacancies occurring by reason of the failure of the municipality to appoint as aforesaid.

48          [Repealed]

S.M. 1996, c. 53, s. 81.

Board incorporated

49          Upon the establishment of a district the board of the district shall be a body corporate, under the name: "The Governing Board of            Hospital District No.           ", in the case of a hospital district, or "The Governing Board of            Medical Nursing Unit District, No.           ", in the case of a medical nursing unit district or "The Governing Board of            Medical Service District, No.           ", in the case of a medical service unit district. (Whatever name and number are chosen for the district shall be inserted).

Chairman of board

50          At the first meeting of the board, and afterwards at the first meeting in each year, the members of the board shall elect a chairman and vice-chairman as provided in the regulations.

Secretary-treasurer and other officers

51          Subject to the regulations, the board may appoint and employ a secretary-treasurer, and such other officers, clerks and employees as are required; and shall define the duties and fix the remuneration of the persons so appointed and employed.

Seal

52(1)       The board shall, at its first meeting, adopt a corporate seal.

Change of name by minister

52(2)       The minister, on petition by the board and upon such notice to the included municipalities as he deems sufficient may, by regulation, change the name or number of the district, or both, and, consequent upon any such change, shall change the name of the board of the district.

Seal

52(3)       The seal used by the board before the change of the name of the district shall continue to be its seal until another is adopted.

Liability, etc., of district unaffected by change of name

52(4)       No change in the name of the district shall affect any obligation, liability, right, or right of action, of the board existing at the time of the change.

S.M. 1988-89, c. 15, s. 11.

Alteration of membership of board

53(1)       On receipt of a request from the board, made by resolution thereof, and with the consent of the included municipalities, the minister may, by regulation, alter the number of the members of the board, or the representation of the included areas thereon, or both.

Form of consent

53(2)       The consent of an included municipality required under subsection (1) shall be given by a resolution of the council thereof.

Authorized health services

53.1(1)     Notwithstanding any provision of this Act or of any regulation or scheme 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

53.1(2)     Notwithstanding any provision of this Act or of any regulation or scheme 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.

S.M. 1996, c. 53, s. 81.

Apportionment of deficiency

54(1)       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 included municipalities, in the manner provided in the scheme, and each of the included 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.

Apportionment where agreement to transfer operations

54(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 apportion, and charge to, the included municipalities, in the manner provided in the scheme, the amount of any unfunded outstanding debts.

Payment by included municipalities

54(2)       Each of the included municipalities shall pay the amounts apportioned and charged to it under subsection (1.1)

(a) to the board of a district; or

(b) 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;

within 90 days after the date a request for payment is received by the municipality, or such other time as the board or the regional health authority may approve.

Reserve fund

54(3)       Subject to subsection (5), where in any year the revenue derived from the operation of the hospital exceeds the expenditure on the maintenance and operation thereof, the board may, at its first meeting in the next following year, deposit the excess revenue in a separate reserve fund and may use the reserve fund for maintenance or operational expenditures.

54(4)       [Repealed] S.M. 1996, c. 53, s. 81.

Maximum in reserve fund

54(5)       The board shall not in any year deposit any moneys in the reserve fund set aside for the benefit of a hospital

(a) if the amount in the reserve fund is equal to or exceeds an amount equal to 1/3 of the actual expenditure on the maintenance and operation of that hospital for the preceding year; or

(b) if the deposit would have the effect of increasing the amount in the reserve fund to an amount exceeding an amount equal to 1/3 of the actual expenditure on the maintenance and operation of that hospital for the preceding year.

Where reserve fund exceeds maximum

54(6)       If in any year the amount in the reserve fund of a hospital exceeds an amount equal to 1/3 of the actual expenditure on the maintenance and operation of that hospital for the preceding year, the board shall withdraw that excess from the fund and shall treat it as, and the excess, for all purposes, shall be deemed to be, excess revenue received in the preceding year, and subsection (7) applies thereto.

Disposition of excess revenue

54(7)       Where in any year the revenue derived from the operation of the hospital exceeds the expenditure on the maintenance and operation thereof, any of the excess revenue not deposited as provided in subsection (3) shall be applied by the board of the district as directed by the regional health authority for the health region in which the district is located.

54(8) and (9) [Repealed] S.M. 1996, c. 53, s. 81.

Apportionments based on total municipal assessment

54(10)      Notwithstanding any limitation on the rate to be levied contained in the scheme pursuant to subsection 39(10), the apportionments made under this section may be of such amounts as will require the levying of a rate higher than that mentioned in subsection 39(10).

Appeal by resident electors from levy

54(11)      Twenty % of the resident electors of an included area may appeal to The Municipal Board from any apportionment, and that board shall either confirm the apportionment or make a new one, and its decision thereon shall be final.

S.M. 1989-90, c. 24, s. 81; S.M. 1996, c. 53, s. 81; S.M. 1997, c. 41, s. 19; S.M. 1998, c. 45, s. 12.

55 and 56   [Repealed]

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 53, s. 81.

Levy of hospital taxes to pay apportionment

57(1)       Where amounts are apportioned and charged to included municipalities under section 54, the board shall provide to each included municipality a statement of the amounts apportioned and charged to it, and each municipality may levy and collect, as a special rate, hospital tax on the assessed value of the lands or other rateable property, or both, within the included area for the purpose of paying the amounts apportioned and charged to it in accordance with section 54.

Special levy on part of municipality to cover deficit

57(2)       Where an included area does not comprise the whole of a municipality, if in any year the amount collected under subsection (1) or under this subsection is not sufficient to pay the amount apportioned to the municipality in respect of the included area, and those amounts have been paid by the municipality from its general funds, the municipality may, in any subsequent year, levy and collect, as an additional special rate, a hospital tax from the lands and property within the included area for the purpose of reimbursing its general funds the amount of the deficiency paid therefrom as aforesaid.

57(3)       [Repealed] S.M. 1996, c. 53, s. 81.

Uniform tax rate authorized where municipality included in several districts

57(4)       Where parts of a municipality are included in more than one district, the municipality may levy and collect a tax as provided in subsection (1) at a uniform rate on all the lands or other rateable property, or both, in the municipality, or on all such lands or other rateable property, or both, in those parts of the municipality that are included in a district, for the purpose of making payment of the amount apportioned to it by each of the several districts in which a part of the municipality is included.

Variation of amount of tax within included area

57(5)       Where a hospital tax is levied under subsection (1), the rate levied to raise the amount apportioned to the included area of the municipality may vary and be different in different parts of the included area designated by the council, whether or not the scheme so provides under subsection 39(2).

S.M. 1996, c. 53, s. 81; S.M. 1997, c. 41, s. 19.

Disposal of surplus levies

58          Where an included municipality has, in respect of any year, levied a hospital tax under section 57 wholly or partly for the purpose of raising the amount apportioned to the municipality in respect of that year under section 54, if the amount collected under the tax for that purpose, or any part of the amount so collected, is not required by reason of there being no operating deficit in respect of the hospital for that year or the operating deficit being less than estimated, the included municipality, on the written approval of the regional health authority for the health region in which the district is located, may, notwithstanding any other provision of this Act, pay over to the board of the district the excess amount not required as aforesaid, to be used by the board for any other purpose approved by the regional health authority.

S.M. 1996, c. 53, s. 81.

Borrowing

59(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

59(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.

S.M. 1996, c. 53, s. 81.

Purchase of equipment

59.1(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 purchase, lease or otherwise acquire for consideration equipment for use in providing health services.

Minister's approval required

59.1(2)     A regional health authority shall not provide an approval under subsection (1) without the prior approval of the minister.

S.M. 1996, c. 53, s. 81.

Powers respecting real property

60(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 and buildings or structures, including hospitals and personal care homes, in the health region necessary for its purposes; and

(b) construct, renovate, expand, convert or relocate buildings or structures, including hospitals and personal care homes.

Restrictions respecting sale

60(2)       Where the government or a regional health authority has provided funds respecting the acquisition, construction, expansion, conversion or relocation of, or major renovations to, a building or structure, including a hospital or personal care home, a board of a district shall not sell, lease or otherwise dispose of the building or structure, or real property associated with the building or structure, without the approval of the regional health authority for the health region in which the building or structure is located.

Minister's approval required

60(3)       A regional health authority shall not provide an approval under subsection (1) or (2) without the prior approval of the minister.

S.M. 1996, c. 53, s. 81.

Grants, gifts, etc.

61(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 terms and conditions, the board shall comply with and give effect to the directions or conditions.

Investments

61(2)       A board of a district shall comply with any requirements and restrictions respecting investment of funds in The Regional Health Authorities Act or the regulations under that Act.

S.M. 1996, c. 53, s. 81.

Approvals may be subject to conditions

61.1        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. 81.

Commutation by ratepayers of levies for capital expenditures

62(1)       Subject to subsections (2) and (3), an included municipality may, by by-law, authorize any ratepayer in its included area to commute and pay to the municipality in one principal sum that portion of the amounts levied, or to be levied, against his lands and property under section 57, that are so levied, or to be levied, to provide for payment of his proportionate share of the capital expenditure so incurred and in respect of which the said amounts are, or are to be, levied; and the municipality may accept payment of the principal sum so paid; and thereafter no levy in respect of such capital expenditures shall be made against the said lands and property.

Limitation on authority granted by subsec. (1)

62(2)       The council of an included municipality may pass a by-law under subsection (1) only

(a) if less than three months has elapsed since the date upon which the district was established; or

(b) if, under this Act, debentures have been issued by the district subject to a provision that the amount secured by some or all of the debentures may be repaid before the maturity thereof, and the debentures called in and discharged.

Further limitation

62(3)       Where a by-law is passed under the authority of clause (2)(b), it does not authorize the commutation and prepayment of amounts levied to a greater extent than the amount secured by any debentures of the type mentioned in clause (2)(b) that at that time remain outstanding and undischarged, and in respect of which outstanding and undischarged debentures no other municipality has passed a by-law under this section.

S.M. 1996, c. 53, s. 81.

Commutation by municipalities of apportionment for capital expenditure

63          An included municipality may, from any of its funds that it may lawfully use for such purpose, commute and pay to the board in one principal sum that portion of the amounts apportioned, or to be apportioned, to it under section 54 that are so apportioned, or to be apportioned, to provide for payment of the municipality's proportionate share of the capital expenditures so incurred, and in respect of which the said amounts are, or are to be apportioned; and the board may accept payment of the principal sum so paid; and thereafter no apportionment in respect of such capital expenditure shall be made to that municipality.

S.M. 1996, c. 53, s. 81.

Grants by municipality to pay apportionment

64          An included municipality may, without submitting them to a vote of the ratepayers, pass by-laws authorizing and providing for the making of grants for the purpose of paying, either alone or in conjunction with any other included municipality, in accordance with section 54, any amount apportioned and charged to the municipality under section 54.

S.M. 1996, c. 53, s. 81; S.M. 1997, c. 41, s. 19.

Alteration to boundaries of established district

65(1)       Where a supplementary scheme altering the boundaries of a district by adding territory thereto or subtracting territory therefrom has been prepared and has been approved by a resolution of the board of the district, by a resolution of the board of any other district affected by the proposed alteration, and by a by-law of each municipality in which any part of the territory to be added or subtracted is situated, the minister may, by regulation, alter the boundaries of the district accordingly.

Approval required where there is capital debt

65(2)       Where the district, the boundaries of which are to be altered under subsection (1), is liable under outstanding debentures, bonds, or other securities, for debts other than current operating debts, the minister shall not alter the boundaries by regulation unless the supplementary scheme and the by-law of each municipality in which any part of the territory to be added or subtracted is situated, has been approved by The Municipal Board.

Apportionment to added territory

65(3)       Where territory is added to a district and apportionments have already been made under section 54, the board shall forthwith re-apportion among the included municipalities the amounts for the apportionment of which provision is made in section 54; and section 57 applies to the municipality that includes the territory so added; but, unless the board specifically otherwise directs, the re-apportionment shall be based on the most recent total municipal assessment pertaining to the included areas within the district.

S.M. 1989-90, c. 24, s. 81.

66 and 67   [Repealed]

S.M. 1996, c. 53, s. 81.

Procedure for amendment of original scheme

68(1)       Where it appears to the board of a district that it is desirable that the scheme for the district, either as originally approved or as amended under this Act, (and whether or not chapter 21 of the Statutes of Manitoba, 1947, applies thereto), should be amended or further amended in any manner for which provision is not otherwise made herein, the board shall prepare a supplementary scheme, setting forth clearly, and with all detail required in order to make the supplementary scheme readily understandable, the amendments and additions that it is proposed to make to the original scheme.

Submission of supplementary scheme

68(2)       Where a board has prepared a supplementary scheme under subsection (1), the board shall submit the supplementary scheme to the minister, as provided in subsection 41(1).

Approval of scheme

68(2.1)     The minister, if satisfied with the supplementary scheme, may

(a) approve it in writing; and

(b) if the minister considers it necessary or advisable, cause it to be published in a newspaper or in such other manner as the minister may direct;

and the minister shall send a copy of the approved scheme, with his or her approval endorsed thereon, to each included municipality and to the board.

Approval by by-law

68(2.2)     On receipt of a supplementary scheme approved under subsection (2.1), the council of each included municipality may finally pass a by-law, with the supplementary scheme attached as a schedule, approving the supplementary scheme, and it is not necessary to submit the by-law for approval by The Municipal Board.

Conditional approval by minister

68(3)       The minister, in approving the supplementary scheme, may make his approval conditional upon the approval of The Municipal Board.

Procedure on approval being given

68(4)       Where the minister makes his approval of the supplementary scheme conditional on the approval of The Municipal Board being given thereto, he shall proceed as provided in subsections 41(2), (3), (4), and (5), with such modifications as the circumstances require, substituting the words "the board" for the words "the organization committee" where they appear therein; and The Municipal Board shall likewise proceed as provided in those subsections, with such modifications as the circumstances require.

Procedure when by-law passed

68(5)       Where a by-law is finally passed by the council, as provided in subsection (2.2), the clerk of the municipality shall send a certified copy thereof to the board; and when the by-law has been so passed by the council of each included municipality, the original scheme shall be deemed to be amended as set out in the supplementary scheme and the board shall thereafter act in accordance therewith.

S.M. 1996, c. 53, s. 81.

Use of hospital buildings for other purposes

69(1)       Where a hospital building of a district, or any part of such building, is not in use for hospital purposes, if a resolution authorizing the use of the building, or the part thereof, for a purpose specified in the resolution is passed

(a) by the board of the district; and

(b) by the council of each included municipality;

the regional health authority for the health district in which the hospital building is located may, with the prior approval of the minister, authorize the board in writing to use the building, or the part thereof, or allow it to be used for the purpose so specified

(c) for such period; and

(d) subject to such terms and conditions;

as the regional health authority may consider expedient.

69(2)       [Repealed] S.M. 1996, c. 53, s. 81.

Use of revenue

69(3)       Where a hospital building, or a part thereof, is used for another purpose under subsection (1), any money payable to the district by reason of such use shall be used as directed by the regional health authority for the health region in which the hospital building is located.

S.M. 1996, c. 53, s. 81.

Apportionment on total municipal assessments

70          Notwithstanding any other provision of this Act or of a scheme or supplementary scheme, a scheme or supplementary scheme that provides for a division or apportionment of expenditures on the basis of the equalized assessments of the included areas shall be read as requiring that the division or apportionment be made on the basis of the values indicated in those parts of the most recent total municipal assessment that pertain to the included areas.

S.M. 1989-90. c. 24, s. 81.

71 to 73    [Repealed]

S.M. 1996, c. 53, s. 81.

Application of The Hospitals Act

74(1)       A hospital, including a medical nursing unit, but not including a medical service unit, operated by the board of a district is a hospital within the meaning of The Hospitals Act.

Medical service unit not hospital

74(2)       A medical service unit is not a hospital for the purposes of The Health Administration Act and The Health Services Insurance Act.

S.M. 2014, c. 32, s. 31.

Powers of minister

75          Where any act or thing is in this Act directed to be done by an included municipality, or by a board, or by any officer of the municipality or the board, and whether it is to be done forthwith or within a specified time, if the act or thing is not so done the minister may do the act or thing with the same effect as if it had been done by the municipality, board, or officer.

76          [Repealed]

S.M. 1996, c. 53, s. 81.

PART IV

GENERAL

77          [Repealed]

S.M. 1996, c. 53, s. 81.

Local government districts deemed to be municipalities for purposes of Act

78(1)       Every local government district shall, for the purposes of this Act, be deemed to be a municipality; and the resident administrator of a local government district shall for the purposes of this Act, but subject as in this section provided, stand in the place of, and be deemed to be, the council of the municipality, and have all the powers vested in the council of the municipality under this Act.

Appointment of representatives to boards

78(2)       Notwithstanding any other provision of this Act or of any regulation made under this Act, where a local government district or a part thereof is included in any area, district, or unit, as defined in any part of this Act,

(a) where there are no resident electors in that part of the local government district that is included in the area, district or unit, with the approval of the minister, any person who resides in that part of the local government district may be appointed to represent that part of the local government district on the board of the area, district or unit; and

(b) it is not necessary that any person appointed to represent the local government district on the board of the area, district, or unit, be a person, or one of the persons, who under this Act stand in the place of, and is or are deemed to be, the council of the local government district.

78(3)       [Repealed] S.M. 1996, c. 53, s. 81.

Assessment of charges paid by government against local government district, etc.

78(4)       Where the government is authorized or required to pay any charges, costs, expenses, or other moneys or make any expenditure,

(a) for, on behalf of, or for the benefit of, an area, district, or unit, or that part thereof that comprises therein a local government district or a part thereof; or

(b) for, on behalf of, or for the benefit of, the whole or any part of a local government district that it has been proposed to include in an area, district, or unit or for, or preliminary to, or for the purpose of, the inclusion of which in such an area, district, or unit, measures have been taken;

the Lieutenant Governor in Council may apportion to, and assess against, the local government district or the part thereof, as the case may be, the whole or part of the charges, costs, expenses, moneys, or expenditures, so paid; and thereupon the minister shall forthwith notify the resident administrator of the local government district of the amount so apportioned and assessed and of the part of the local government district against which such amount is to be levied.

Levy of tax for amount apportioned by government

78(5)       Without restricting the generality of subsection (1), but subject as in this section provided, if the minister notifies the resident administrator of a local government district that an amount has been apportioned to, and assessed against, the local government district, as provided in subsection (4), the resident administrator shall thereupon, as directed by the minister levy and collect as a special rate a tax on the taxable property in the local government district, or in that part of the local government district that is included in such an area, district, or unit of an amount sufficient to produce the amount so apportioned to, and assessed against the local government district.

Payment by administrator, etc.

78(6)       A resident administrator of a local government district who levies any tax under this section shall, on or before the last day of each month, remit to the minister all moneys collected by him during the next preceding month under the tax; and the minister shall forthwith pay the moneys to the Minister of Finance and they shall form part of the Consolidated Fund and shall, together with all records relative thereto, be subject to audit by the Auditor General.

Order in council as to administrative regulations

78(7)       Subject to all other provisions of this Act, the Lieutenant Governor in Council may, by order in council, prescribe

(a) the manner in which, and the person by whom, any list of electors or residents required for the purposes of this section shall be prepared, and how, and by whom, or by what corporation or authority, the costs thereof shall be defrayed; and

(b) the manner in which any other thing necessary to be done, or measure necessary to be taken, in order to carry out and give effect to this section shall be done or taken.

Approval of levies on local government districts by Lieutenant Governor in Council

78(8)       Notwithstanding any other provision of this Act,

(a) no charge shall be made against a local government district or any part thereof under this Act; and

(b) no taxation shall be levied against land or other rateable property in, or against the residents of a local government district or any part thereof, under this Act;

unless the charge or taxation has been specifically approved by order of the Lieutenant Governor in Council.

Meaning of "local government districts"

78(9)       For the purpose of this section the expression "local government district" includes a school district in unorganized territory that is not in a local government district, and a reference to the resident administrator of a local government district shall, where the context so requires, be deemed to include the board of trustees of such a school district.

S.M. 1996, c. 53, s. 81; S.M. 2001, c. 39, s. 31.

Inclusion of privately owned territory

79          Where under this Act the minister proposes to take any steps to establish an area, district, or unit which comprises therein a part of the province

(a) that is not in a municipality or local government district; and

(b) the land, except land on which provincial highways, or public works of the province or of a municipality are constructed, in which is wholly owned or administered by one person;

or where the minister proposes to take any steps to alter an area, district, or unit to include such a part of the province, if the Lieutenant Governor in Council by order in council so directs, that part of the province may, with the consent of that person, be included in the area, district, or unit; and thereafter that person may enter into any agreement with the board of the area, district, or unit, necessary for the purpose of giving effect to the inclusion of that part of the province in the area, district, or unit, and that person shall be liable to pay to the area, district, or unit, any amounts that may be apportioned to that part of the province by the board; and that part of the province shall for all purposes of this Act, be deemed to be a municipality and that person shall for all purposes of this Act be deemed to be a council of a municipality and to have all the powers, authority and duties of a municipality.

Determination of population

80          Where in any provision of this Act there is a reference to the population or number of residents of a municipality or part thereof or of the province or part thereof, it shall be deemed to mean the population or number of residents of that municipality or part thereof or of the province or that part thereof, as it is shown by the latest census taken under the Statistics Act (Canada) for which the returns are available.

S.M. 1996, c. 58, s. 453.

Penalty for disobeying Act

81(1)       Every person who contravenes or neglects to obey any provision of this Act is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100.

81(2)       [Repealed] S.M. 1996, c. 53, s. 81.

S.M. 1996, c. 53, s. 81.

Grants or loans

82(1)       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 or for the purposes herein set forth, the Minister of Finance, on the written requisition of the minister, may make grants or loans to such persons, institutions, associations, or other organizations or bodies as the minister may specify, for the purposes of

(a) encouraging research in matters relating to health;

(b) assisting suitable and deserving persons

(i) being undergraduate students in medicine, to begin or complete their courses of study, or

(ii) being graduate medical practitioners, to take post-graduate courses of study;

(c) training the personnel needed for carrying out this Act.

Conditions of payment

82(2)       The Lieutenant Governor in Council, by order in council, may prescribe the terms and conditions under which grants and loans made under subsection (1) shall be paid to, and received and applied by, the recipients thereof; and, in the case of loans, the terms and conditions, including the rate of interest, if any, upon which they shall be repaid.

82(3)       [Repealed] S.M. 1992, c. 35, s. 58.

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

Equalization grants to municipalities

83          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 or for the purposes herein set forth, the Minister of Finance, on being authorized by order of the Lieutenant Governor in Council, may make equalization grants to municipalities and local government districts to assist the residents thereof to obtain the benefit of services for which provision is made herein.

Definition of "hospital"

84(1)       For the purpose of this section "hospital" includes medical service unit.

Grants for outpost hospitals

84(2)       From and out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be paid and applied for any of the purposes of this Act or for any other purposes herein set forth, the Minister of Finance, on the written requisition of the minister, may make grants

(a) for the purposes of the establishment, construction, equipment, maintenance, and operation, of hospitals (hereinafter called "outpost hospitals") in such places in the province as are designated by order of the Lieutenant Governor in Council as being suitable for the establishment therein of outpost hospitals; or

(b) for any one or more of those purposes.

Regulations for expenditure of grants

84(3)       Subject to this section, the Lieutenant Governor in Council may make regulations prescribing the conditions upon which moneys granted for the purposes of an outpost hospital may be expended.

Transfer of grants to trust fund

84(4)       The Minister of Finance, on the written request of the minister, may transfer the moneys so granted for the purposes of an outpost hospital to the Consolidated Fund and credit them to a special trust account; and subsections 37(1), (2), and (3) of The Financial Administration Act do not apply to moneys so transferred.

Disposal of gifts for outpost hospital

84(5)        The minister may accept gifts, grants, or contributions, for the purposes of an outpost hospital; and in the case of a gift, grant, or contribution, of money, shall pay it to the Minister of Finance who shall place it in the Consolidated Fund and credit it to the special trust account established for that outpost hospital.

Expenditure of trust moneys

84(6)       The Minister of Finance shall hold in trust moneys credited to the special trust account for an outpost hospital; and shall expend them as directed by a written order of the minister, but subject to any conditions prescribed as provided in subsection (7).

Red Cross

84(7)       The minister, on behalf of Her Majesty in right of the province, may enter into an agreement with the Canadian Red Cross Society or with that society and a local association, committee, organization, or body,

(a) respecting, the establishment, construction, equipment, maintenance, and operation of an outpost hospital, or any one or more of those things;

and without restricting the generality of the foregoing,

(b) respecting the conditions upon which any moneys granted, contributed, or raised, by the parties to the agreement or either of them may be expended; and

(c) for the maintenance or operation, or both of the hospital by any party to the agreement.

S.M. 1996, c. 59, s. 94.

85          [Repealed]

S.M. 1996, c. 53, s. 81.

86          [Repealed]

S.M. 1992, c. 35, s. 58; S.M. 1996, c. 53, s. 81.