1st Session, 43rd Legislature
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Bill 13
THE EMERGENCY MEDICAL RESPONSE AND STRETCHER TRANSPORTATION AMENDMENT ACT
| 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 Emergency Medical Response and Stretcher Transportation Act is amended by this Act.
2(1) Section 1 is renumbered as subsection 1(1) and is amended
(a) by replacing the part before the definition "ambulance" with the following:
1(1) The following definitions apply in this Act.
"air emergency medical response system" means an emergency medical response system that provides air emergency medical response services prescribed in the regulations. (« entreprise aérienne d'intervention médicale d'urgence »)
(b) in the French version of the definitions "enterprise de transport pour personnes sur civière" and "enterprise d'intervention médicale d'urgence"
(i) by striking out "qui fournit" and substituting "visant à fournir", and
(ii) by striking out "la fourniture de ces services" and substituting "cette fin".
2(2) The following is added as subsection 1(2):
1(2) In this Act and the regulations and unless the context requires otherwise, a reference to
(a) "an air emergency medical response system" includes a reference to only part of the system; and
(b) "an emergency medical response system", in respect of an air emergency medical response system, includes a reference to only part of the air emergency medical response system.
3(1) Subsection 5(2) is renumbered as subsection 5.1(1) and the following is added as subsection 5(2):
Additional requirements re air emergency medical response system
5(2) In addition to the requirements under subsection (1), the application for a licence to operate part of an air emergency medical response system must
(a) specify the part of the air emergency medical system for which the applicant will be responsible;
(b) state the name of each person who is applying to be, or is the licence holder responsible for, the other part or parts of the system; and
(c) include a copy of the agreement between the applicant and the person or persons referred to in clause (b) regarding the operation of the entire system that meets any prescribed criteria.
3(2) Subsection 5(3) is renumbered as subsection 5.1(2).
3(3) Subsection 5(4) is renumbered as section 5.2 and is amended, in the part before clause (a), by striking out "section 7" and substituting "subsections 5.1(3) and (4)".
3(4) Subsection 5(5) is renumbered as section 5.3.
4 The following is added as subsection 5.1(4):
Considerations re licence to operate part of air emergency medical response system
5.1(4) The minister shall not issue a licence to operate part of an air emergency medical response system unless the minister is satisfied that the agreement referred to in clause 5(2)(c) provides for the operation of the entire air emergency medical response system and the applicant will be able to carry out the applicant's responsibilities under the agreement.
5 The following is added as subsection 5.5(2):
Conditions specific to licence to operate air emergency medical response system
5.5(2) A licence issued to operate an air emergency medical response system may be subject to the condition that the licence holder comply with the agreement referred to in clause 5(2)(c).
6 Section 7 is renumbered as subsection 5.1(3).
7 Section 8 is renumbered as section 5.4.
8 Section 9 is renumbered as subsection 5.5(1).
9 Section 10.1 is amended by striking out "A licence holder" and substituting "Subject to the regulations, a licence holder".
10 Subsection 16(5) is amended by adding ", but the minister must make an order available to the public by posting it on a government website and by any other means the minister considers advisable" at the end.
11 Subsection 26(1) is amended
(a) by adding the following after clause (a.4):
(a.5) prescribing criteria that an agreement referred to in clause 5(2)(c) must meet;
(b) by adding the following after clause (c.3):
(c.3.1) in the case of an air emergency medical response system operated by licence holders, each of whom holds a licence to operate part of the system, assigning the responsibilities under section 10.1 as between the licence holders;
TRANSITIONAL MATTERS
Operation of air emergency medical response system by Keewatin Air LP and provincial health authority
12(1) The following definitions apply in this section.
"Act" means The Emergency Medical Response and Stretcher Transportation Act, as amended by this Act. (« Loi »)
"agreement" means the Statement of Work agreement dated July 10, 2023, between the government and Keewatin Air LP, and the agreement dated July 10, 2023, between the government, Keewatin Air LP and the Exchange Income Corporation. (« accord »)
"air emergency medical response system" has the same meaning as in the Act. (« entreprise aérienne d'intervention médicale d'urgence »)
"provincial health authority" has the same meaning as in the Act. (« office provincial de la santé »)
12(2) On the coming into force of this section, the minister may issue the following licences without first receiving an application:
(a) a licence to Keewatin Air LP, under which Keewatin Air LP is licensed to operate an air emergency medical response system in accordance with the agreement;
(b) a licence to the provincial health authority, under which the provincial health authority is licensed to operate an air emergency medical response system in accordance with the agreement.
12(3) A licence issued under subsection (2) is deemed to be a licence issued under subsection 5.1(1) of the Act.
Cancellation of previous licences, exemption orders
12(4) On the issuance of a licence under subsection (2),
(a) any previous licence held by Keewatin Air LP to operate an air emergency medical response system in accordance with the agreement is cancelled; and
(b) any exemption order made under section 16 of the Act in respect of the air emergency medical response system described in the agreement is rescinded.
Agreement meets requirement for subsequent licence applications
12(5) For the purpose of issuing a subsequent licence to Keewatin Air LP or the provincial health authority to operate the air emergency medical response system described in the agreement, the agreement is deemed to be an agreement under clause 5(2)(c) of the Act.
Keewatin Air LP and provincial health authority must comply with agreement
12(6) While the agreement is in effect, any licence issued to Keewatin Air LP or the provincial health authority is subject to the condition that it operate in accordance with the agreement.
Regulations — transitional matters
13 The Lieutenant Governor in Council may make regulations to remedy any difficulty, inconsistency or impossibility resulting from the implementation of this Act.
14 This Act comes into force on a day to be fixed by proclamation.