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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| (1.1) | Repealed | |
| (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 | |
| 22.1 | Employment contract required | |
| DIVISION 2 | ||
| RESPONSIBILITIES, DUTIES AND POWERS OF REGIONAL HEALTH AUTHORITIES | ||
| 23 | (1) | Responsibilities of regional health authority |
| (2) | Duties of regional health authority | |
| (3) | Consultation | |
| 23.1 | (1) | Accreditation of regional health authority |
| (2) | Copy of accreditation report to be made public | |
| 24 | (1) | Proposed regional health plan |
| (1.1) | Repealed | |
| (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 | |
| 28.1 | Mammography unit accreditation | |
| 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 | Local health involvement groups | |
| DIVISION 3 | ||
| FINANCIAL MATTERS | ||
| 33 | Minister may provide funding to regional health authority | |
| 33.1 | (1) | Definition: "corporate costs" |
| (2) | Prescribing corporate costs and limits | |
| (3) | Limits may be different | |
| (4) | Corporate costs not to exceed limits | |
| 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 | |
| 37.1 | (1) | Quality and patient safety reporting |
| (2) | Reports not to contain personal information or personal health information | |
| 38 | (1) | Annual report |
| (2) | Content of annual report | |
| 38.1 | (1) | Expenses paid to CEO and other officers to be published on authority's website |
| (2) | Information to be published | |
| (3) | Information that is not to be published | |
| (4) | Health corporation to provide information to RHA | |
| 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 | ||
| (1) to (4) | Repealed | |
| (5) | Establishment of new regional health authority | |
| (6) | Content of regulation | |
| (7) | Board | |
| (8) | Interim board | |
| (9) | Effect of amalgamation | |
| DIVISION 5.1 | ||
| EMPLOYMENT OF SENIOR HEALTH MANAGERS | ||
| 51.1 | Definitions | |
| 51.2 | (1) | Policy re RHA terms and conditions of employment |
| (2) | Proposed contract reviewed by Manitoba Health | |
| (3) | Certain contracts void | |
| 51.3 | ||
| 51.4 | (1) | Restriction — RHA contracts, etc. with former officers |
| (2) | Contract void | |
| (3) | Prohibition — providing compensation or payments | |
| 51.5 | (1) | Restriction — health corporation, etc. contracts with former officers |
| (2) | Authority to consider position of health corporation or health care organization | |
| (3) | Contract void | |
| (4) | Prohibition — providing compensation or payments | |
| 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 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 | |