HomeC.C.S.M. c. R34
The Regional Health Authorities Act
| Back to the Act | Regulations |
| PART 1 | |
| INTERPRETATION | |
| 1 | Definitions |
| 2(1) | Purpose of Act |
| (2) | Canada Health Act criteria |
| (3) | Conflict with other legislation |
| PART 2 | |
| POWERS OF THE MINISTER | |
| 3(1) | Provincial objectives and priorities |
| (2) | Prescribed health services and standards |
| (3) | Directions to regional health authorities |
| 4 | Provision of health services by minister |
| 5(1) | Agreements |
| (2) | Agreements with health corporations |
| 6 | Expropriation by minister |
| 7 | Delegation by minister |
| PART 3 | |
| ESTABLISHMENT OF HEALTH REGIONS AND REGIONAL HEALTH AUTHORITIES | |
| 8(1) | Establishment of health regions and regional health authorities |
| (1.1) | Two regional health authorities for The City of Winnipeg |
| (2) | Proposal and consultations |
| (3) | Contents of regulation |
| 9(1) | Corporations continued as regional health authorities |
| (2) | Effect of continuation |
| (3) | Directors continued as first directors |
| 10(1) | Variation of health region or regional health authority |
| (2) | Proposal and consultations |
| (3) | Retroactive effect |
| PART 4 | |
| REGIONAL HEALTH AUTHORITIES | |
| DIVISION 1 | |
| STRUCTURE AND ADMINISTRATION | |
| 11 | Corporate status |
| 12 | Corporation without share capital |
| 13 | Applicability of The Corporations Act |
| 14(1) | Board of regional health authority |
| (2) | Terms of office |
| (3) | Vacancy |
| (4) | Chairperson |
| (5) | Vice-chairperson |
| 15(1) | First directors |
| (2) | Terms of office of first directors |
| 16 | Remuneration and expenses of directors |
| 17 | Duties of directors |
| 18(1) | By-laws and policies |
| (2) | Approval of by-laws by minister |
| (3) | By-laws not effective until approved |
| (4) | By-laws and policies open to public |
| 19 | Meetings |
| 20 | Quorum |
| 21(1) | Appointment of chief executive officer |
| (2) | Responsibilities of chief executive officer |
| 22 | Officers and employees |
| DIVISION 2 | |
| RESPONSIBILITIES, DUTIES AND POWERS OF REGIONAL HEALTH AUTHORITIES | |
| 23(1) | Responsibilities of regional health authority |
| (2) | Duties of regional health authority |
| 24(1) | Proposed regional health plan |
| (1.1) | If more than one regional health authority |
| (2) | Consultations |
| (3) | Content of proposed regional health plan |
| (4) | Approval of proposed regional health plan |
| (5) | Action where plan is referred back |
| (6) | Revisions and amendments |
| 25 | General powers of regional health authority |
| 26 | Power to provide additional health services |
| 27 | Powers respecting real property |
| 28(1) | Regional health authority to approve certain facilities |
| (2) | Restrictions respecting sale of facilities |
| (3) | Approval of minister |
| (4) | Approval additional to other requirements |
| 29(1) | Regional health authority may require reports |
| (2) | Form of reports |
| 29.1(1) | Regional health authority may give directions |
| (2) | Directions re services provided and use of funds |
| (3) | Limitation on direction |
| (4) | Direction to be in writing, with reasons and filed |
| (5) | Consultation required before direction may be given |
| 29.2 | Directions to be complied with |
| 29.3(1) | Limitation on direction: religious organizations |
| (2) | Request to refer matter to arbitration |
| (3) | Appointment of arbitrator |
| (4) | Arbitrator to hold hearing and file report |
| (5) | Report binding |
| 30(1) | Reports to minister by regional health authority |
| (2) | Form of reports |
| 31 | Agreements |
| 32(1) | District health advisory councils |
| (2) | Composition of council |
| DIVISION 3 | |
| FINANCIAL MATTERS | |
| 33 | Minister may provide funding to regional health authority |
| 34 | Grants or payments under other enactments |
| 35 | Minister may withhold payments to regional health authority |
| 36 | Regional health authority may withhold payments |
| 37 | Fiscal year of regional health authority |
| 38(1) | Annual report |
| (2) | Content of annual report |
| 39(1) | Auditor |
| (2) | Restrictions respecting appointment of auditor |
| 40 | Financial information |
| 41 | Limit on financial commitments |
| 42 | Financial responsibility for unfunded services |
| 43(1) | Borrowing |
| (2) | Securities |
| 44(1) | Assignment of funds by regional health authority |
| (2) | Assignment of funds by health corporation |
| DIVISION 3.1 | |
| AGREEMENTS BETWEEN REGIONAL HEALTH AUTHORITIES AND HEALTH CORPORATIONS | |
| 44.1(1) | Requirement for operating agreement |
| (2) | Funding during negotiations |
| 44.2(1) | Request for mediation |
| (2) | Content of request |
| (3) | Notice to other party |
| (4) | Appointment of mediator |
| (5) | Minister may extend mediation period |
| (6) | Remuneration of mediator |
| 44.3 | Mediator's report |
| 44.4(1) | Resolution if mediation unsuccessful |
| (2) | Resolution binding |
| (3) | Limitation |
| 44.5(1) | Extension of existing agreement |
| (2) | Term of agreement extended |
| 44.6 | Division applies notwithstanding other Acts |
| DIVISION 4 | |
| AGREEMENT TO WIND UP CERTAIN HEALTH CORPORATIONS | |
| 45 | Definition of "health corporation" |
| 46(1) | Agreement to transfer operations |
| (2) | Content of agreement |
| (3) | Apportionment of debt |
| (4) | Approval of minister |
| 47 | Restrictions on activities of health corporation |
| 48 | Effect of agreement |
| 49(1) | Dissolution and disestablishment of health corporations |
| (2) | Exception |
| 50 | Use of grants, gifts, etc. |
| DIVISION 5 | |
| AMALGAMATION OF REGIONAL HEALTH AUTHORITIES | |
| 51(1) | Proposal to amalgamate regional health authorities |
| (2) | Content of proposal |
| (3) | Consultations |
| (4) | Expiration of proposal |
| (5) | Establishment of new regional health authority |
| (6) | Content of regulation |
| (7) | Board |
| (8) | Interim board |
| (9) | Effect of amalgamation |
| DIVISION 6 | |
| APPOINTMENT OF OFFICIAL ADMINISTRATOR AND DISESTABLISHMENT OF REGIONAL HEALTH AUTHORITIES | |
| 52(1) | Appointment of official administrator |
| (2) | Powers of official administrator |
| (3) | Directors cease to hold office |
| (4) | Directors may continue to act |
| (5) | Directors to assist official administrator |
| (6) | Termination of appointment |
| 53(1) | Disestablishment of regional health authority |
| (1.1) | Disestablishment of health region |
| (2) | Powers of person appointed to wind up affairs |
| (3) | Effect of disestablishment |
| PART 4.1 | |
| PATIENT SAFETY | |
| 53.1 | Definitions |
| 53.2(1) | Critical incident: disclosure and recording |
| (2) | Duty to inform individual re critical incident |
| (3) | If individual lacks capacity or is deceased |
| 53.3(1) | Critical incident: health corporation or organization |
| (2) | Regional health authority to notify minister |
| (3) | Investigation and reports of review committee |
| (4) | Reports to regional health authority |
| (5) | Reports by regional health authority to minister |
| (6) | Exception: designated organizations |
| 53.4(1) | Critical incident: regional health authority |
| (2) | Investigation and reports of review committee |
| (3) | Reports to minister |
| 53.4.1(1) | Critical incident: notification by others |
| (2) | Action where notification received |
| (3) | Review committee provisions apply |
| (4) | Retaliation prohibition applies |
| 53.5 | Minister's guidelines |
| 53.6(1) | Review committee may require information |
| (2) | Limit re personal health information and personal information |
| (3) | Sharing of information between review committees |
| 53.7 | Limit re personal health information and personal information in notices and reports |
| 53.8 | Discovery of information to be provided to individual |
| 53.9 | Retaliation prohibited |
| 53.10(1) | Limit on access to records re critical incident |
| (2) | Exception |
| PART 5 | |
| GENERAL PROVISIONS | |
| 54 | Duties and powers of health corporations, etc. |
| 55 | Approvals may be subject to conditions |
| 56(1) | Appointment of inspectors by minister |
| (2) | Power to enter, inspect and require production |
| (3) | Use of data processing system and copying equipment |
| (4) | Assistance to inspectors |
| (5) | Warrant by justice |
| 56.1(1) | Minister to appoint interim manager |
| (2) | Powers of the interim manager |
| (3) | Minister may require reports |
| (4) | Limitation on powers |
| (5) | Powers of directors suspended |
| (6) | Directors may continue to act |
| (7) | Directors to assist manager |
| (8) | Termination of appointment of interim manager |
| 57 | Confidentiality of information |
| 58 | Protection from liability |
| 59 | Regulations by Lieutenant Governor in Council |
| 60 | Regulations by minister |
| 61(1) | Regulations may create categories |
| (2) | Regulations may incorporate by reference |
| PART 6 | |
| TRANSITIONAL PROVISIONS RESPECTING LABOUR RELATIONS AND EMPLOYEES | |
| 62(1) | Definitions |
| (2) | Labour Relations Act definitions |
| 63(1) | Appointment of commission |
| (2) | Chairperson |
| (3) | Knowledge and experience of commissioners |
| (4) | Consultation regarding appointment |
| (5) | Term of appointment |
| (6) | Remuneration |
| (7) | Expenses |
| (8) | Recommendations |
| 64 | Considerations |
| 65(1) | Recommendations re bargaining units and bargaining agents |
| (2) | Further submissions |
| (3) | Reconsideration, etc. by commission |
| 66 | Vote |
| 67 | Interim collective agreement |
| 68(1) | Further recommendations |
| (2) | Additional considerations |
| 69 | Powers under Part V of The Evidence Act |
| 70 | Recommendations to be reported to the minister |
| 71(1) | New collective agreement |
| (2) | Where new collective agreement not reached |
| 72(1) | Implementation of recommendations |
| (2) | Regulations |
| 73 | Included in bargaining unit |
| 74(1) | General jurisdiction |
| (2) | Judicial review |
| 75 | Conflict with Labour Relations Act |
| 76(1) | Effect of regulation |
| (2) | Regulation may be retroactive |
| (3) | Regulations Act does not apply |
| 77 | Jurisdiction of Manitoba Labour Board |
| 78(1) | Transfer of employees in civil service |
| (2) | Application of Civil Service Superannuation Act |
| (3) | Status of transferred employees |
| (4) | Application of Labour Relations Act |
| 79 | Repeal |
| PART 7 | |
| CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE | |
| 80 to 86 | |
| 87 | C.C.S.M. reference |
| 88(1) | Coming into force |
| (2) | Coming into force: Part 6 |
