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C.C.S.M. c. H26.5
The Health System Governance and Accountability Act
Table of Contents
| PART 1 | ||
| INTERPRETATION | ||
| 1 | Definitions | |
| (2) | Reference to "this Act" includes regulations | |
| 2 | Purposes | |
| (3) | Conflict with other legislation | |
| PART 2 | ||
| POWERS OF THE MINISTER | ||
| 3 | Provincial objectives and priorities | |
| (2) | Minister may determine service provider | |
| (3) | Regulations re standards | |
| (4) | Directions to health authority | |
| 4 | Provision of health services by minister | |
| 5 | Agreements | |
| (2) | Agreements with health corporations | |
| 6 | Expropriation by minister | |
| 7 | Delegation by minister | |
| PART 3 | ||
| HEALTH AUTHORITIES AND HEALTH REGIONS |
||
| ESTABLISHMENT OR DESIGNATION | ||
| 8 | Establishment or designation of health authorities | |
| (2) | Contents of regulation | |
| (3) | Effect of designation | |
| 9 | Establishment of health regions | |
| VARIATION OF AUTHORITY OR REGION | ||
| 10 | Variation | |
| GENERAL | ||
| 10.1 | Consultations | |
| PART 4 | ||
| HEALTH AUTHORITIES | ||
| 11 | Corporate status | |
| (2) | Corporate powers | |
| 12 | Restriction on payments and benefits to directors | |
| 13 | Applicability of The Corporations Act | |
| 14 | Board of health authority | |
| (2) | Terms of office | |
| (3) | Vacancy | |
| (4) | Chairperson | |
| (5) | [Repealed] | |
| 15 | First directors | |
| (2) | Terms of office of first directors | |
| 16 | Remuneration and expenses of directors | |
| 17 | Duties of directors | |
| 18 | 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 | Appointment of chief executive officer | |
| (2) | Responsibilities of chief executive officer | |
| 22 | Officers and employees | |
| 22.1 | Employment contract required | |
| PROVINCIAL HEALTH AUTHORITY | ||
| 23 | Responsibilities | |
| (2) | Duties | |
| (3) | Consultations | |
| (4) | Ownership of hospital or other facility | |
| 23.1 | Establishment of standards committees | |
| (2) | Designation of standards committee | |
| (3) | Consultation | |
| (4) | Limit on access to records | |
| (5) | Exception | |
| CANCER AUTHORITY | ||
| 23.2 | Responsibilities | |
| (2) | Duties | |
| REGIONAL HEALTH AUTHORITIES | ||
| 23.3 | Responsibilities | |
| (2) | Duties | |
| ACCREDITATION | ||
| 23.4 | Accreditation of health authority | |
| (2) | Duty to participate | |
| (3) | Copy of accreditation report to be made public | |
| 24 | Strategic and operational plan | |
| (2) | Consultations | |
| (3) | Content of plan | |
| (4) | Approval of proposed plan | |
| (5) | Action if plan is referred back | |
| (6) | Revision to be approved | |
| (7) | Minister may require revision to approved plan | |
| OTHER POWERS AND RESTRICTIONS | ||
| 25 | General powers of health authorities | |
| 26 | Power to provide additional health services | |
| 27 | Powers respecting real property | |
| 28 | Approval required for certain facilities | |
| (2) | Approval required for sale of facilities | |
| (3) | Approval of minister | |
| (4) | Approval additional to other requirements | |
| 28.1 | [Repealed] | |
| 28.2 | Acquisition of equipment, software, etc. | |
| 28.3 | Patents | |
| 29 | Health authority may require reports | |
| (2) | Form of reports | |
| 29.1 | Direction to health corporation | |
| (2) | Content of direction | |
| (3) | Limitation on direction | |
| (4) | Requirements for direction | |
| (5) | Consultation required before direction may be given | |
| 29.2 | Directions to be complied with | |
| 29.3 | 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 | Minister may require reports | |
| (2) | Provincial health authority may require reports | |
| (3) | Cancer authority may require reports | |
| (4) | Timing and form of information or documentation | |
| 30.1 | Disclosure of personal information or personal health information | |
| (2) | Information subject to solicitor-client privilege | |
| 31 | Agreements | |
| 32 | [Repealed] | |
| 33 | Minister may provide government funding to health authority | |
| 33.1 | [Repealed] | |
| 34 | Grants or payments under other enactments | |
| 35 | Minister may withhold payments to health authority | |
| 36 | Health authority may withhold payments | |
| 37 | Fiscal year of health authority | |
| 37.1 | Quality and patient safety reporting | |
| (2) | Reports not to contain personal information or personal health information | |
| 38 | Annual report | |
| (2) | Content of annual report | |
| 38.1 | Health authority's publication of payments to CEO | |
| (2) | Health corporation's publication of payments to CEO | |
| (2.1) | Timing of publication | |
| (3) | Information that is not to be published | |
| (4) | Health corporation to provide information | |
| 39 | Auditor | |
| (2) | Restrictions re appointment of auditor — provincial health authority and cancer authority | |
| (3) | Restrictions re appointment of auditor — regional health authority | |
| 40 | Financial information | |
| 41 | [Repealed] | |
| 42 | Financial responsibility for unfunded services | |
| 43 | Borrowing | |
| (2) | Securities | |
| 43.1 | Accountability agreement required | |
| (2) | Terms of accountability agreement | |
| (3) | Exception | |
| (4) | If negotiations fail | |
| (5) | Availability to the public | |
| 44 | [Repealed] | |
| 44.1 | Requirement for funding agreement | |
| (2) | Consistency with other agreements | |
| (3) | Agreements with religious organizations | |
| (4) | Funding during negotiations | |
| (5) | Resolution if negotiations unsuccessful | |
| (6) | Resolution binding | |
| (7) | Limitation | |
| 44.2 | Extension of existing agreement | |
| (2) | Term of agreement extended | |
| 44.3 | Division applies despite other Acts | |
| 45 | Definitions | |
| 46 | Transfer agreement | |
| (2) | Terms of transfer agreement | |
| (3) | Approvals required | |
| (4) | Transfer not a breach or default | |
| 47 | Restrictions during negotiation | |
| 48 | Effect of agreement | |
| 49 | Dissolution and disestablishment of transferor | |
| 50 | Use of grants, gifts, etc. | |
| (2) | Bequests to transferor | |
| 50.1 | Transfer to health authority by order in council | |
| (2) | Effect of order | |
| (3) | Rights or claims may be continued | |
| (4) | Transfer or assignment valid | |
| (5) | Transfer or assignment not a breach or default | |
| (1) to (4) | [Repealed] | |
| (5) | Establishment of new regional health authority | |
| (6) | Content of regulation | |
| (7) | Board | |
| (8) | Interim board | |
| (9) | Effect of amalgamation | |
| 51.1 | Definitions | |
| 51.2 | Directions re terms and conditions of employment | |
| (2) | Review of proposed employment contract | |
| (3) | Inconsistent provision not enforceable | |
| 51.4 | Restriction — health authority contracts with senior officers | |
| (2) | Contract void | |
| (3) | Prohibition — providing compensation or payments | |
| 51.5 | 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 | |
| 52 | 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 | Disestablishment of regional health authority | |
| (1.1) | Disestablishment of region or designation of provincial health authority | |
| (1.2) | Reference to RHA means provincial health authority | |
| (2) | Powers of person appointed to wind up affairs | |
| (3) | Effect of disestablishment | |
| PART 4.1 | ||
| PATIENT SAFETY | ||
| 53.1 | Definitions | |
| 53.2 | Critical incident: disclosure and recording | |
| (2) | Duty to inform individual re critical incident | |
| (3) | If individual lacks capacity or is deceased | |
| 53.3 | 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 | |
| (7) | Exception: health corporations and organizations funded by provincial health authority | |
| 53.4 | Critical incident: health authority | |
| (2) | Investigation and reports of review committee | |
| (3) | Reports to minister | |
| 53.4.1 | 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 | 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 | Limit on access to records re critical incident | |
| (2) | Exception | |
| PART 5 | ||
| GENERAL PROVISIONS | ||
| 54 | Duties and powers of health corporations, etc. | |
| (2) | Health authority to seek minister's approval | |
| 55 | Approvals may be subject to conditions | |
| 56 | 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 | 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 | [Repealed] | |
| 58 | Protection from liability | |
| 59 | Regulations by Lieutenant Governor in Council | |
| 60 | Regulations by minister | |
| 61 | Regulations may create categories | |
| (2) | Regulations may incorporate by reference | |
| PART 6 | ||
| TRANSITIONAL PROVISIONS RESPECTING EMPLOYEES |
||
| 62 to 77 | [Repealed] | |
| 78 | Transfer of employees | |
| (2) | Application of Civil Service Superannuation Act | |
| (3) | Status of transferred employees | |
| (4) | Application of Labour Relations Act | |
| 79 | [Repealed] | |
| PART 6.1 | ||
| TRANSITIONAL PROVISIONS RESPECTING HEALTH AUTHORITIES |
||
| PROVINCIAL HEALTH AUTHORITY | ||
| 79.1 | Continuation of Shared Health | |
| 79.2 and 79.3 | [Not yet proclaimed] | |
| HOSPITALS AND MENTAL HEALTH FACILITIES |
||
| 79.4 | Hospital licences, by-laws, etc. | |
| (2) | Standards committees continued | |
| 79.5 | Regulations — transitional matters | |
| (2) | Retroactivity | |
| PART 7 | ||
| CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE |
||
| 80 to 86 | [amendments to other Acts] | |
| 87 | C.C.S.M. reference | |
| 88 | [Repealed] | |