C.C.S.M. c. R34
The Regional Health Authorities Act
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 to 77 | Repealed | |
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 | Repealed | |
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 |