2nd Session, 43rd Legislature

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Bill 216

THE HEALTH SYSTEM GOVERNANCE AND ACCOUNTABILITY AMENDMENT ACT (PLEBISCITE BEFORE PERMANENT EMERGENCY ROOM CLOSURE)

(Assented to                                         )

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

C.C.S.M. c. H26.5 amended

1   The Health System Governance and Accountability Act is amended by this Act.

2   The following is added after Part 4.1:

PART 4.2
PLEBISCITE BEFORE PERMANENT EMERGENCY ROOM CLOSURE

Definitions

53.11(1)   The following definitions apply in this Part.

"applicable municipality" means a municipality, all or any part of which is included in the boundaries of the health region corresponding to the health authority that resolves to hold a plebiscite. (« municipalité visée »)

"plebiscite" means a vote concerning the permanent closure of an emergency room in a hospital or health centre. (« plébiscite »)

"plebiscite question" means the question to be placed on the ballot to be used in a plebiscite. (« question plébiscitaire »)

Definitions in Municipal Councils and School Boards Elections Act

53.11(2)   Terms and expressions defined in The Municipal Councils and School Boards Elections Act have the same meaning in this Part as they have in that Act.

When is a plebiscite required?

53.12(1)   Before permanently closing an emergency room in a hospital or health centre, the board of the health authority for the health region in which the emergency room is located must initiate a plebiscite to be held in each applicable municipality.

How is the plebiscite initiated?

53.12(2)   To initiate the plebiscite, the board must

(a) approve the proposed wording of the plebiscite question;

(b) submit the proposed wording of the plebiscite question to the minister for the minister's approval;

(c) after obtaining the minister's approval, resolve to request that the senior election official of each applicable municipality hold the plebiscite within the municipality on the election day determined under subsection (5); and

(d) give a copy of the resolution to the senior election official of each applicable municipality.

What are the requirements for a plebiscite question?

53.12(3)   In the opinion of the minister, the wording of the plebiscite question must be

(a) clear, concise and impartial; and

(b) phrased in a way that allows an eligible voter to express approval or disapproval about whether the emergency room in a hospital or health centre in the health region should be permanently closed.

Who are eligible voters?

53.12(4)   An individual is eligible to vote in the plebiscite if they

(a) reside in the applicable municipality; and

(b) are eligible to vote on a question held in the applicable municipality under subsection 21(1) of The Municipal Councils and School Boards Elections Act.

When is election day for the plebiscite?

53.12(5)   Election day for the plebiscite must be

(a) on the day set by the minister, which must be a day that is not less than 90 days but not more than 180 days after the minister approves the plebiscite question; or

(b) if the proposed wording was submitted to the minister in the 12 months before the next general election to be held in the applicable municipalities, on the election day for that general election.

Determination of general election date

53.12(6)   For the purpose of clause (5)(b) and despite subsection 86(3) of The Municipal Act, a municipality is deemed to hold a general election on the date determined under subsection 86(1) of The Municipal Act.

Obligation of senior election official

53.13   On receiving a request of a board to hold a plebiscite, the senior election official of the applicable municipality must proceed to hold the plebiscite in the municipality in accordance with The Municipal Councils and School Boards Elections Act.

Determination of results

53.14(1)   A health authority must determine the result on the plebiscite question by totalling the number of votes cast in the plebiscite held by the applicable municipalities as those results are declared and made public by the senior election official of each municipality under section 117 of The Municipal Councils and School Boards Elections Act.

Action by health authority

53.14(2)   The health authority may permanently close the emergency room in the hospital or health centre only if the determination indicates that the majority of the total number of votes are cast in favour of the closure.

Expenses

53.15(1)   The expenses incurred in holding a plebiscite in an applicable municipality are the reasonable costs incurred in doing so, as certified by the senior election official of the municipality.

Payment by health authority

53.15(2)   A health authority must pay the costs certified by each senior election official within 30 days after receiving each certificate.

Consequential amendment, C.C.S.M. c. M257

3   Clause 2(b) of The Municipal Councils and School Boards Elections Act is amended by adding the following after subclause (iii):

(iii.1) a plebiscite under Part 4.2 of The Health System Governance and Accountability Act,

Coming into force

4   This Act comes into force on the day it receives royal assent.