5th Session, 42nd Legislature
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Bill 232
THE HEALTH SERVICES INSURANCE AMENDMENT ACT (ADMINISTRATIVE PENALTIES FOR PERSONAL CARE HOMES)
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Health Services Insurance Act is amended by this Act.
2 The following is added after section 118.5:
Administrative penalties for personal care homes
118.6(1) If an inspector is of the opinion that an operator of a personal care home has contravened a prescribed provision of this Act or the regulations, the inspector may issue a notice in writing requiring the operator to pay an administrative penalty in the amount set out in the regulations.
118.6(2) An administrative penalty must not exceed $5,000.
118.6(3) The notice of administrative penalty must set out the following information:
(a) the name of the operator required to pay the penalty;
(b) the provision of the Act or regulation that was contravened;
(c) the amount of the penalty;
(d) the date before which and the manner in which the penalty must be paid;
(e) information as to the right of appeal to the Court of King's Bench under section 118.7.
118.6(4) A notice of administrative penalty must be given to the operator required to pay the penalty
(a) personally; or
(b) by sending the notice by registered mail to the operator's last known address, in which case it is deemed to be given seven days after the date of mailing.
118.6(5) A notice of administrative penalty may be issued within one year after the alleged contravention occurs, but not afterwards.
118.7(1) Within 30 days after being given a notice of administrative penalty, the operator of the personal care home required to pay the penalty may appeal the penalty to the Court of King's Bench by filing a notice of appeal with the court and serving a copy of the appeal on the minister.
118.7(2) The minister is a party to an appeal.
118.7(3) The notice of appeal must set out one or more of the following grounds of appeal:
(a) the decision to impose the administrative penalty was incorrect;
(b) the amount of the administrative penalty was not determined in accordance with the regulations;
(c) the amount of the administrative penalty is not justified in the public interest.
118.7(4) An appeal operates to stay the administrative penalty until the appeal is decided or withdrawn.
118.7(5) On hearing the appeal, the court may confirm, revoke or vary the administrative penalty. The court may also make any order as to costs that it considers appropriate.
118.8(1) Subject to an appeal, an operator of a personal care home required to pay an administrative penalty must pay it to the Minister of Finance within 30 days after the date on which the penalty notice is given under subsection 118.6(4).
118.8(2) The amount of the penalty is a debt due to the government if it is not paid
(a) within 30 days after notice of the penalty is given; or
(b) if the penalty is appealed, within 30 days after a decision is made on the appeal or the appeal is withdrawn.
Certificate registered in court
118.8(3) The minister may certify a debt referred to in subsection (2) or any part of such a debt that has not been paid. The certificate may be registered in court and may be enforced as if it were a judgment of the Court of King's Bench.
118.8(4) An operator who pays an administrative penalty for contravening a provision of this Act or the regulations must not be charged with an offence respecting that contravention unless the contravention continues after the penalty is paid.
Regulations re administrative penalties
118.9 The Lieutenant Governor in Council may make regulations
(a) prescribing provisions of this Act or the regulations under this Act for which a notice of administrative penalty may be issued to an operator of a personal care home;
(b) respecting the amounts of administrative penalties that may be imposed and respecting factors to be taken into account in setting the amount of an administrative penalty;
(c) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable for the administration of the scheme of administrative penalties.
3 This Act comes into force on the day it receives royal assent.