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C.C.S.M. c. E83
The Emergency Medical Response and Stretcher Transportation Act
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(Assented to July 11, 1985)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"ambulance" means a motor vehicle or aircraft that is designed, constructed and equipped for the transportation of patients; (« ambulance »)
"board" means the Manitoba Health Appeal Board created under The Health Services Insurance Act; (« Conseil »)
"emergency medical response services" means the emergency medical response services prescribed in the regulations; (« services d'intervention médicale d'urgence »)
"emergency medical response system" means an undertaking which provides emergency medical response services, and includes the aircraft, vehicles, equipment, personnel, and administrative systems necessary to the provision of the emergency medical response services; (« entreprise d'intervention médicale d'urgence »)
"licence" means a licence issued under this Act; (« permis »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"officer" means a standards officer appointed under Part I; (« inspecteur »)
"patient" means an individual who requires emergency medical response services; (« malade »)
"person" includes a natural person, corporation, partnership, limited partnership, syndicate, trustee, joint venture, an unincorporated association of persons, and a band as defined in the Indian Act (Canada); (« personne »)
"provincial health authority" means the provincial health authority as defined in The Health System Governance and Accountability Act; (« office provincial de la santé »)
"stretcher" means a mobile litter or cot designed to accommodate a person who by reason of illness, infirmity, or physical disability must remain in a horizontal position; (« civière »)
"stretcher attendant" means a person who provides stretcher transportation services; (« porteur de civière »)
"stretcher transportation service" means an undertaking which provides stretcher transportation services and includes the vehicles, equipment, personnel, and administrative systems necessary to the provision of the services; (« entreprise de transport pour personnes sur civière »)
"stretcher transportation services" means the services prescribed in the regulations for assisting and transporting persons requiring a stretcher or similar device; (« services de transport pour personnes sur civière »)
"stretcher transportation vehicle" means a vehicle designed and equipped for the transportation of persons requiring a stretcher or similar device. (« véhicule transportant des personnes sur civière »)
The minister may, in writing, delegate to any person any power, authority, duty or function conferred or imposed upon the minister under this Act or the regulations, except the power to make regulations.
LICENCES AND STANDARDS
No person shall operate an emergency medical response system or a stretcher transportation service without a valid licence to do so.
Subject to the regulations, no individual shall provide emergency medical response services to a patient or act as a stretcher attendant without a valid licence to do so.
Subject to the regulations, no person shall employ or engage an individual to provide emergency medical response services to a patient or to act as a stretcher attendant unless the individual holds a valid licence to do so.
An application for a licence shall be made in writing and shall contain the information and be accompanied by the fee and any documentation required by the regulations.
The minister may issue or refuse to issue a licence.
The minister may issue a licence to an applicant if the applicant meets the requirements and standards prescribed in the regulations in respect of the type of licence applied for.
Subject to section 7, if the minister
(a) is not satisfied that an applicant meets all the requirements and standards prescribed in the regulations in respect of the type of licence applied for; and
(b) is satisfied that it is in the public interest to do so;
the minister may, on payment of the prescribed fee, issue to the applicant a provisional licence of the type applied for.
A licence is not transferable.
Where a qualification prescribed in the regulations requires an applicant to have taken and passed a training course, the minister may
(a) determine the training course to be taken and passed, if not specified in the regulations;
(b) conduct the training course or make such arrangements for the training course as the minister considers advisable; and
(c) determine whether the applicant, after taking the training course, has passed it.
Where a qualification prescribed in the regulations requires an applicant to take and pass an examination, the minister may set or determine the examination to be taken and may determine whether the applicant, after taking the examination, has passed it.
The minister shall not issue a licence to operate an emergency medical response system or a stretcher transportation service unless, after consulting with the provincial health authority and other persons the minister deems appropriate, the minister is satisfied that there is a need for an emergency medical response system or a stretcher transportation service in the area where the applicant proposes to operate.
The minister may by regulation prescribe a date for the expiry of every licence, but may issue any licence for a shorter period than that prescribed where the minister considers it to be advisable and in the public interest to do so.
Any licence may be issued subject to such conditions as the minister considers requisite, and the holder of the licence shall observe those conditions.
A licence holder that operates a stretcher transportation service shall not
(a) store or install in a stretcher transportation vehicle; or
(b) use or permit to be used in the course of providing stretcher transportation services;
any drug, equipment, apparatus or other item that is not authorized by the regulations.
Subsection (1) does not prevent the use of any drug, equipment, apparatus or other item by a duly qualified medical practitioner or a person designated by a medical practitioner if
(a) the medical practitioner has specified that the item be transported with his or her patient while the patient receives stretcher transportation services; and
(b) the item is removed following use for the individual being transported.
A licence holder that operates an emergency medical response system must store or install in each ambulance or other vehicle or aircraft used as part of the emergency medical response system the drugs, equipment, apparatus and other items that are reasonably required to enable the provision of emergency medical response services by the emergency medical response system.
The minister may suspend, for such period of time as the minister considers necessary or until a specified condition is met, or cancel any licence, where the licence holder
(a) contravenes or fails to observe a provision of this Act or a regulation made under this Act; or
(b) knowingly makes a false or misleading statment or entry in the application for the licence or in any record or report required to be kept or made under this Act or a regulation made under this Act;
or for any cause the minister considers sufficient.
An appeal may be made to the board by any person
(a) who has been refused a licence under this Part; or
(b) whose licence has been suspended or cancelled under this Part.
An appeal under this section shall be commenced by mailing or delivering a notice of appeal setting out the grounds for appeal to the board not more than 30 days after the date on which the appellant receives notice of the refusal, suspension or cancellation, or within such further time as the board permits.
The board shall promptly provide a copy of the notice of appeal to the minister.
An appeal under subsection 12(1) shall be conducted on an informal basis, and the board is not bound by the rules of law respecting evidence applicable to judicial proceedings.
The board may appoint a panel of not less than three of its members for the purpose of considering an appeal, and a decision of a majority on the panel is the decision of the board.
If, after a panel has commenced considering an appeal, a member of the panel dies, resigns or otherwise becomes incapable of acting, the remaining members of the panel may complete the appeal and render a decision, and the decision is valid as though the remaining members constituted a full panel.
On considering an appeal, the board may
(a) confirm, set aside or vary the decision in accordance with the provisions of this Part and the regulations; or
(b) refer the matter back to the minister for further consideration in accordance with the board's instructions.
A reference to the board in section 12 or this section includes a panel of the board.
The minister may appoint one or more persons as standards officers to carry out the duties and exercise the powers imposed or conferred upon standards officers by section 15.
An officer, upon producing an identification card issued by the minister, may at any reasonable time and where reasonably required to determine compliance with this Act,
(a) enter and inspect any place, aircraft or vehicle in which the officer believes on reasonable grounds an emergency medical response system or a stretcher transportation service is operating or a person is providing emergency medical response services or stretcher transportation services;
(b) examine the equipment, installations in and contents of any place, aircraft or vehicle being inspected under clause (a);
(c) require any person to produce for inspection or copying any record or document that the officer believes on reasonable grounds contains information relevant to the administration of this Act; and
(d) conduct any tests or analyses or take any measurements.
An officer may remove any records or documents or other thing that he or she is entitled to examine, test, analyse or copy or otherwise reproduce but shall give a receipt to the person from whom they were taken and shall promptly return them on completion of the examination, test, analysis, copying or reproduction.
An officer may not enter a dwelling place except with the consent of the occupant or under the authority of a warrant.
A justice who is satisfied by information on oath that
(a) the conditions for entry described in subsection (1) exist in relation to a dwelling place;
(b) entry to the dwelling place is necessary for a purpose related to the administration of this Act; and
(c) entry to the dwelling place has been refused or there are reasonable grounds to believe that entry will be refused;
may at any time issue a warrant authorizing an officer and any other person named in the warrant to enter the dwelling place, subject to any conditions that may be specified in the warrant.
Where in the course of an inspection or examination under this section it becomes apparent to an officer that the safety or well-being of a person receiving emergency medical response services or stretcher transportation services is at risk, the officer may immediately do one or both of the following:
(a) suspend the licence, if any, of the person providing the emergency medical response services or stretcher transportation services, for up to seven days;
(b) take such other steps as may in the opinion of the officer be necessary for the immediate protection and well-being of any person receiving or about to receive emergency medical response services or stretcher transportation services.
No person shall obstruct or interfere with an officer engaged in carrying out an inspection under this section.
An officer shall prepare and submit to the minister a report in the form approved by the minister where the officer suspends a licence or takes steps to protect the well-being of a person under subsection (4), and he or she shall forward a copy of the report to the operator of the emergency medical response system or stretcher transportation service.
Where the minister considers it to be in the public interest to do so, the minister may, by order, exempt a person from the operation of any provision of this Part or a regulation made thereunder, and in that event the provision does not apply to the person notwithstanding anything to the contrary in this Act.
Where the minister considers it to be in the public interest to do so, the minister may, by order, exempt a person from the operation of any provision of this Part or a regulation made thereunder and prescribe another provision or other provisions in substitution therefor, and in that event the provision from the operation of which the person is so exempted does not apply to the person notwithstanding anything to the contrary in this Act, but the person shall observe the substituted provision or provisions.
The minister may at any time rescind an order made under this section, where the minister is satisfied that it is in the public interest to do so.
An order made under this section expires on the date specified in the order, if not sooner rescinded under subsection (3).
The Statutes and Regulations Act does not apply to an order made under this section.
The minister may, subject to this Act and the regulations,
(a) provide emergency medical response services or stretcher transportation services;
(b) operate any business or undertaking of providing emergency medical response services or stretcher transportation services.
This Part is subject to The Highway Traffic Act, and any Act of the Parliament of Canada regulating the use of aircraft and applicable in the province, and to the regulations made under those Acts.
The minister may provide funding to the provincial health authority in respect of the provision of emergency medical response services.
The provincial health authority may provide funding to a person holding a licence to operate an emergency medical response system if the authority and the licence holder have entered into a written agreement in a form approved by the minister.
Despite subsection (2), the provincial health authority may, with the minister's approval, provide funding to a licence holder even though an agreement has not been entered into if the parties are in the process of negotiating such an agreement.
The minister may at any time cause to be audited the books, records and accounts of a person licensed or formerly licensed to operate an emergency medical response system, in relation to
(a) the receipt and use of the funding provided to the licence holder or former licence holder under this section; and
(b) the fees charged to patients, or to other persons in respect of emergency medical response services provided to patients, by the licence holder or former licence holder.
The licence holder or former licence holder must provide any information and assistance requested in the course of and for the purposes of the audit.
The minister may from time to time
(a) pay financial grants to regional authorities charged with the administration of the Northern Patient Transportation Program; or
(b) make direct payments to such persons as the minister may determine;
to be used for the purposes of that program and in such manner as the minister may direct.
In this section, "Northern Patient Transportion Program" means the program established to provide, or to assist financially or otherwise in the provision of, transportation services required to enable persons located at places within that part of northern Manitoba specified and described in a regulation under this Act to obtain medical treatment or diagnosis that is not available at those places.
Benefits under the Northern Patient Transportation Program are available only to or in respect of persons who are residents as defined in The Health Services Insurance Act, and any question that arises as to whether or not a person is a resident within the meaning and for the purposes of this section may be determined by the board.
The Minister of Finance, on the requisition of the minister, may pay amounts for the purposes of this Act out of the Consolidated Fund with money authorized by an Act of the Legislature to be so paid and applied.
For the purpose of carrying out the provisions of this Act according to their intent, the minister may make regulations ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the minister may make regulations, not inconsistent with any other provision of this Act,
(a) establishing classes of licences and prescribing qualifications and other requirements for each class of licence;
(a.1) respecting the information and documentation which must accompany an application for a class of licence;
(a.2) prescribing the fee payable for the issuance of any licence;
(a.3) for the purpose of subsection 2(2), respecting circumstances in which an individual may provide emergency medical response services without a valid licence to do so;
(a.4) for the purpose of section 4, respecting circumstances in which a licence holder may employ or engage an individual who is not licensed to provide emergency medical response services to provide those services;
(b) prescribing a date for the expiry of licences;
(c) establishing standards and prescribing other requirements to be observed by licence holders;
(c.1) prescribing emergency medical response services and stretcher transportation services;
(c.2) prescribing drugs, equipment, and apparatus for use in providing stretcher transportation services, standards for, and where and in what circumstances the drugs, equipment and apparatus may be used;
(c.3) prescribing devices that may be used by stretcher attendants in the course of providing stretcher transportation services;
(c.4) for the purpose of subsection 19(2), prescribing a matter to be included in an agreement;
(d) specifying and describing a part of northern Manitoba for purposes of the Northern Patient Transportation Program, to which reference is made in Part II;
(e) respecting forms to be used for various purposes in respect of the administration of this Act and the regulations.
The Lieutenant Governor in Council may make regulations respecting fees that a person holding a licence to operate an emergency medical response system may charge to a patient or other person in respect of emergency medical response services provided to the patient, including the maximum amount of a fee that may be charged or the method of determining that amount.
A regulation under this section may be general or particular in its application and may apply to one or more classes of systems, services or persons, and to the whole or any part of the province.
A regulation under this section may adopt by reference any code or standard, in whole or in part or with modifications, and the code or standard may be adopted as amended or replaced from time to time.
A person who contravenes a provision of this Act or the regulations, or who makes any statement or gives any information under this Act or the regulations knowing it to be false or misleading, is guilty of an offence and is liable on conviction,
(a) in the case of an individual,
(i) for a first offence, to a fine of not more than $10,000, and
(ii) for each subsequent offence, to a fine of not more than $50,000; and
(b) in the case of a corporation,
(i) for a first offence, to a fine of not more than $25,000, and
(ii) for each subsequent offence, to a fine of not more than $100,000.
When an offence referred to in subsection (1) continues for more than one day, the person is guilty of a separate offence for each day the offence continues.
Where a licence is suspended or cancelled for the reason that the holder is guilty of an offence under subsection (1), the penalty provided in that subsection may be imposed on the holder in addition to the suspension or cancellation.
This Act shall no longer be referred to as chapter A65 of the Continuing Consolidation of the Statutes of Manitoba but may be referred to as chapter E83 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day fixed by proclamation.
NOTE: S.M. 1985-86, c. 7 came into force by proclamation on October 1, 1988.
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