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The Private Hospitals Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of August 15, 2017.
It has been in effect since April 1, 2009.

Note: Earlier consolidated versions are not available online.


 

C.C.S.M. c. P130

The Private Hospitals Act

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

Definitions

1           In this Act,

"house" includes any building, tent, or other structure, whether permanent or temporary, designed for human habitation; and where there are two or more structures in the occupation of the same person and situated on the same parcel of land they shall be deemed to constitute a single house within the meaning of this Act; (« résidence »)

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

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

"private hospital" means a house or building in which one or more patients are received and lodged for medical treatment or for care and treatment for childbirth, but does not include a hospital as defined in The Hospitals Act. (« clinique privée »)

S.M. 1992, c. 35, s. 58; S.M. 2001, c. 21, s. 19.

LICENCE REQUIRED

Licence

2           No house or building shall be used as a private hospital except by the authority of a licence issued by the minister.

S.M. 1992, c. 35, s. 58; S.M. 2001, c. 21, s. 19.

Application

3           Every application for a licence to keep and maintain a private hospital shall be made in writing to the minister and shall be in the form prescribed by the minister, and be verified by statutory declaration of the applicant.

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

Classes of licences

4(1)        Every licensed private hospital shall, according to the tenor of the licence issued in respect thereof, be either

(a) a licensed maternity hospital; or

(b) a licensed medical hospital; or

(c) a hospital licensed both as a maternity and as a medical hospital; or

(d) a hospital licensed for the care of alcoholic patients, or for the care of alcoholic patients and for any one or more of the purposes mentioned in clauses (a), (b), and (c).

Requirements

4(2)         No licence shall be granted unless the house or building and its location with regard to adjoining dwelling houses, and the sanitation, ventilation, cubic air space per patient, and the equipment of the house or building necessary for the safe and proper operation of a private hospital are approved by the minister as suitable for the purposes indicated in the application, and the minister is satisfied as to the character and fitness of the applicant.

Licence to state number of patients allowed in hospital

4(3)        Every licence issued shall state the maximum number of patients who may be received and lodged in the hospital at any one time, and may be limited to any particular class or classes of patients.

Renewal of licence

4(4)        Every licence issued shall remain in force for a period of one year from the date thereof, and may thereafter be continued from year to year.

Revocation of licence

4(5)        The minister at any time may revoke any licence issued or continued under this Act, if, in the minister's opinion, good and sufficient grounds exist for so doing; and the decision of the minister as to the revocation of any licence issued under this Act is binding and conclusive.

S.M. 1992, c. 35, s. 58; S.M. 2001, c. 21, s. 19.

Superintendent

5(1)        No licensee shall maintain or operate a private hospital licensed under this Act unless there is at all times a superintendent resident on the premises, who may be the licensee himself, if qualified under this section, and shall be either a duly qualified medical practitioner or a registered nurse.

Approval by minister

5(2)        No person other than a licensee shall be appointed as the superintendent, or during the temporary absence of the superintendent, acting superintendent, unless his name and qualification have been first approved by the minister.

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

Register

6(1)        In every hospital licensed under this Act there shall be kept a register of patients in which there shall be entered such particulars as may be prescribed in the regulations.

Entries

6(2)        The particulars shall be entered in the register as soon as practicable after the occurrence of the act or event to which the entry relates.

False entries

7           No person shall make, or cause to be made, an untrue entry in any register required to be kept under this Act.

Inspection of registers

8           Every licensed hospital and the registers thereof shall at all times be open to inspection by the minister or any person authorized by the minister for the purpose.

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

Inspection of hospitals

9(1)        Where the minister believes or suspects that any house or building is used as a private hospital without being licensed, the minister may cause any person authorized by the minister to enter and inspect the house or building and every part thereof.

Hindering inspection

9(2)        No person shall prevent or obstruct or attempt to prevent or obstruct any such entry or inspection.

S.M. 1992, c. 35, s. 58; S.M. 2001, c. 21, s. 19.

No surgical service

9.1         No licensee and no medical practitioner shall provide a surgical service, as that term is defined in The Health Services Insurance Act, in a private hospital.

S.M. 2001, c. 21, s. 19.

Use of hospital premises

10          A licensed hospital shall not be used for any purpose other than the purposes in respect of which the licence is granted and purposes reasonably incidental thereto, or for the reception of a greater number of patients than is permitted by the licence, or for the reception of any patient of a class not authorized by the licence.

11(1)       Repealed, S.M. 2006, c. 14, s. 114.

Notices under Vital Statistics Act

11(2)       The superintendent of a licensed hospital shall be deemed to be the occupier thereof for the purpose of giving notice or information under The Vital Statistics Act of the death of any person or of the birth of any child in the hospital.

S.M. 2001, c. 21, s. 19; S.M. 2006, c. 14, s. 114.

Burden of proof re patient

12(1)       In any prosecution for an offence against this Act the burden of proving that any person residing in a house or building and there receiving medical treatment is not a patient within the meaning of this Act is upon the person charged.

Burden of proof re licence

12(2)       In any prosecution for an offence against this Act the burden of proving that a licence is in force, and of proving its terms, and that any person apparently having the charge, control, or management of the hospital is not the superintendent thereof within the meaning of this Act is upon the person charged.

S.M. 2001, c. 21, s. 19.

Inspector

13          For the purpose of assisting the minister in carrying out the objects and purposes of this Act the minister may appoint an inspector and define his duties.

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

Penalty: section 2 or 9.1

14(1)       A person who contravenes section 2 or 9.1 is guilty of an offence and is liable on summary conviction to a fine not exceeding $30,000.

General penalty

14(2)       A person who contravenes any provision of this Act other than section 2 or 9.1 is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000.

S.M. 2001, c. 21, s. 19.

Regulations

15          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council 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 act has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make such regulations,

(a) respecting the government and management of private hospitals;

(b) prescribing the method and terms of admission to private hospitals;

(c) respecting the registers and other records that shall be kept and the reports that shall be made by every person who maintains or operates a private hospital, and the form or manner, or both, in which those registers and records shall be kept and reports made;

(d) respecting the duties of the superintendent and other officers of a private hospital, and of other persons employed therein or employed by a licensee who maintains or operates a private hospital;

(e) fixing the conditions upon which a licence will be issued in respect of a private hospital; and

(f) respecting any other matter that relates to the effective operation of a private hospital or the welfare of the patients therein, or both.