The Health System Governance and Accountability Act
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This version is current as of June 24, 2022.
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C.C.S.M. c. H26.5

The Health System Governance and Accountability Act

(Assented to November 19, 1996)

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

PART 1

INTERPRETATION

Definitions

1(1)

In this Act,

"accountability agreement" means an accountability agreement that a health authority is required to enter into with the minister under subsection 43.1(1); (« accord sur l'obligation redditionnelle »)

"board" means the board of directors of a health authority; (« conseil d'administration »)

"cancer authority" means the cancer authority established or designated under this Act; (« office des soins contre le cancer »)

"facility" means premises, and equipment in or associated with the premises, used to provide health services, social services or both and includes hospitals, personal care homes, laboratories and clinics; (« établissement »)

"health authority" means any of the following:

(a) the provincial health authority,

(b) the cancer authority,

(c) a regional health authority; (« office de la santé »)

"health care organization" means a person or group of persons that delivers health services, but does not include a health authority, health corporation or health care provider; (« organisme de soins de santé »)

"health care provider" means

(a) a duly qualified medical practitioner who receives funding or payment, including payment by way of fee for services rendered or salary, from a health authority or the government for the provision of health services, and

(b) any other individual who

(i) is employed by a health authority, or by a health care organization or health corporation in a health region, to provide health services,

(ii) is under contract to a health authority, or a health care organization or health corporation, to provide health services, or

(iii) receives funding or payment from the government for the provision of health services; (« fournisseur de soins de santé »)

"health corporation" means

(a) the board of a health and social services district established under The District Health and Social Services Act,

(b) [repealed] S.M. 2017, c. 34, s. 23,

(c) a corporation, other than a health authority, which owns, operates or maintains a hospital or personal care home and which

(i) is a municipality,

(ii) is incorporated or registered under The Corporations Act, or

(iii) is established or continued under an Act of the Legislature, including a private Act, and

(d) a prescribed body corporate; (« personne morale dispensant des soins de santé »)

"health region" means a health region established or continued under this Act; (« région sanitaire »)

"health services" means

(a) community health services,

(b) emergency medical response services,

(c) home care services,

(d) hospital services,

(e) medical services,

(f) medical laboratory services,

(g) mental health services,

(h) nursing services,

(i) personal care services,

(j) provision of drugs, medical supplies and surgical supplies,

(k) public health services,

(l) diagnostic imaging services, and

(m) other goods and services respecting health promotion and protection or respecting the care, treatment or transportation of sick, infirm or injured individuals as may be prescribed in the regulations; (« services de santé »)

"hospital" means a hospital as defined in The Health Services Insurance Act; (« hôpital »)

"Indian Band" means a band as defined in the Indian Act (Canada); (« bande indienne »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"municipality" includes a local government district; (« municipalité »)

"personal care home" means premises in which personal care services are provided to residents in the premises, but does not include a private residence in which care is provided by an individual to his or her family member; (« foyer de soins personnels »)

"personal health information" means personal health information as defined in The Personal Health Information Act; (« renseignements médicaux personnels »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act; (« renseignements personnels »)

"prescribed" means prescribed by a regulation under this Act;

"prescribed standards" means standards prescribed by the minister for the provision of health services; (« normes réglementaires »)

"provincial administrative and support services" means the administrative and support services the provincial health authority is to administer, deliver or provide for, as determined by the minister under subsection 3(2); (« services provinciaux d'administration et de soutien »)

"provincial clinical and preventive services plan" means a plan referred to in clause 23(2)(b); (« plan provincial des services cliniques et préventifs »)

"provincial health authority" means the provincial health authority established or designated under this Act; (« office provincial de la santé »)

"provincial health human resources plan" means a plan respecting human resource requirements for the delivery of health services in Manitoba as set out in the provincial clinical and preventive services plan and in this Act, including workforce planning, labour relations and recruitment and retention of health care providers and other professionals; (« plan provincial des ressources humaines en matière de santé »)

"provincial health services" means the health services the provincial health authority is to administer, deliver or provide for, as determined by the minister under subsection 3(2); (« services de santé  provinciaux »)

"provincial objectives and priorities" means the objectives and priorities for the provision of health services in the province, or in areas of the province, established by the minister under subsection 3(1); (« objectifs et priorités d'application provinciale »)

"regional health authority" means a regional health authority established or designated under this Act; (« office régional de la santé »)

"strategic and operational plan" means a plan approved or amended under section 24. (« plan stratégique et opérationnel »)

Reference to "this Act" includes regulations

1(2)

In this Act, a reference to "this Act" includes the regulations made under this Act.

S.M. 2012, c. 8, s. 2; S.M. 2017, c. 34, s. 23; S.M. 2018, c. 29, s. 23; S.M. 2021, c. 15, s. 3.

Purposes

2(1)

The purposes of this Act are to

(a) govern the planning, administration and delivery of health services in Manitoba;

(b) establish the health authorities and their responsibilities, duties and powers; and

(c) establish an accountability framework for the health authorities and the entities funded by the authorities.

Canada Health Act criteria

2(2)

This Act shall be administered in a manner that complies with section 7 of the Canada Health Act, which sets out the criteria of comprehensiveness, universality, portability, accessibility and public administration in relation to the operation of the Manitoba Health Services Insurance Plan.

Conflict with other legislation

2(3)

Where there is a conflict between this Act and any of the following, the provisions of this Act prevail:

(a) The District Health and Social Services Act or the regulations under that Act;

(b) [repealed] S.M. 2017, c. 34, s. 23;

(c) an Act, including a private Act, establishing or respecting a facility or health corporation;

(d) the articles of incorporation or by-laws of a facility or health corporation.

S.M. 2017, c. 34, s. 23; S.M. 2021, c. 15, s. 4.

PART 2

POWERS OF THE MINISTER

Provincial objectives and priorities

3(1)

The minister may establish provincial objectives and priorities for the provision of health services in the province or in areas of the province.

Minister may determine service provider

3(2)

The minister may determine which health services and which administrative and support services are to be administered, delivered or provided for by the provincial health authority and which are to be administered, delivered or provided for by regional health authorities within their health regions. In doing so, the minister may consider any factors the minister considers relevant.

Regulations re standards

3(3)

The minister may, by regulation, prescribe standards for the provision of health services in Manitoba.

Directions to health authority

3(4)

The minister may give directions to a health authority that the minister considers appropriate to achieve the purposes of this Act, including directions respecting

(a) provincial objectives and priorities;

(b) the types of health services to be provided or made available by the authority;

(c) the coordination of the authority's activities with the activities of the government, a government agency or any other person;

(d) the manner in which the authority is to carry out its responsibilities, perform its duties and exercise its powers under this Act or under its accountability agreement; and

(e) the management or administration of the authority.

S.M. 2021, c. 15, s. 5.

Provision of health services by minister

4

Notwithstanding the provisions of this or any other Act or regulation, if the minister considers it is in the public interest to do so, the minister may

(a) provide or arrange for the provision of health services in any area of the province, whether or not health services are being provided in that area by a municipality, health authority, health care organization, health corporation or any other person; and

(b) do any other thing that the minister considers necessary to promote and ensure the provision of health services in the province.

S.M. 2021, c. 15, s. 6.

Agreements

5(1)

The minister may enter into agreements for the purposes of this Act with

(a) the Government of Canada, or an agency of the Government of Canada, with the approval of the Lieutenant Governor in Council;

(b) the government of another province, territory or jurisdiction, or an agency of one of those governments, with the approval of the Lieutenant Governor in Council;

(c) an Indian Band, with the approval of the Lieutenant Governor in Council;

(d) a municipality;

(e) a health authority; or

(f) any other person or group of persons.

Agreements with health corporations

5(2)

Without limiting the generality of subsection (1), the minister may enter into agreements with a health corporation, or an organization representing health corporations, respecting the preservation of corporate ownership, autonomy, governance and mission of the health corporation or health corporations.

S.M. 2021, c. 15, s. 7.

Expropriation by minister

6

The minister may

(a) acquire, for and on behalf of a health authority, by purchase, lease, expropriation or otherwise, lands, buildings or both for the purposes of acquiring, constructing, expanding, converting or relocating a facility or providing health services under this Act; and

(b) upon acquisition, dispose of the lands, buildings or both to the health authority on such terms and conditions as the minister considers appropriate.

S.M. 2021, c. 15, s. 8.

Delegation by minister

7

The minister may, in writing, delegate to any person any of the powers, duties and functions conferred or imposed on the minister under this Act.

PART 3

HEALTH AUTHORITIES AND
HEALTH REGIONS

ESTABLISHMENT OR DESIGNATION

Establishment or designation of health authorities

8(1)

The Lieutenant Governor in Council may, by regulation, establish or designate

(a) a provincial health authority;

(b) a cancer authority; and

(c) a regional health authority for each health region.

Contents of regulation

8(2)

A regulation establishing or designating a health authority must

(a) name the authority;

(b) in the case of a regional health authority, specify its health region; and

(c) in the case of a health authority being established, specify the organization and composition of the authority, including the composition of its board of directors and the number of directors on it.

Effect of designation

8(3)

If a corporation is designated as a health authority, it is continued under this Act and a director or chairperson of the corporation's board of directors who holds office on the effective date of the designation is deemed to be a first director or chairperson, as the case may be, of the health authority as if they were appointed under section 15 and continues to hold office until their successor is appointed in accordance with section 14.

S.M. 1997, c. 41, s. 2; S.M. 2012, c. 8, s. 3; S.M. 2021, c. 15, s. 9.

Establishment of health regions

9

The Lieutenant Governor in Council may, by regulation, establish one or more health regions in the province.

S.M. 1997, c. 41, s. 3; S.M. 2021, c. 15, s. 9.

VARIATION OF AUTHORITY OR REGION

Variation

10

The Lieutenant Governor in Council may, by regulation,

(a) vary any aspect of the organization or composition of a health authority, including the composition of its board;

(b) vary the size or boundaries of a health region;

(c) provide for such matters as the Lieutenant Governor in Council considers necessary to facilitate the variation.

S.M. 2021, c. 15, s. 9.

GENERAL

Consultations

10.1

If the minister considers it advisable to do so, the minister may carry out such consultations respecting the subject matter of a proposed regulation under this Part as the minister considers appropriate and may carry them out in any manner the minister sees fit.

S.M. 2021, c. 15, s. 9.

PART 4

HEALTH AUTHORITIES

DIVISION 1

STRUCTURE AND ADMINISTRATION

Corporate status

11(1)

Each health authority is established or continued as a corporation without share capital and consists of the members of its board appointed in accordance with this Act.

Corporate powers

11(2)

Subject to this Act, a health authority has all the rights, powers and privileges of a natural person for the purposes of carrying out its responsibilities, performing its duties and exercising its powers under this Act.

S.M. 2021, c. 15, s. 11.

Restriction on payments and benefits to directors

12

No part of the income or property of a health authority may be paid to, or made available for the personal benefit of, any of its directors except as permitted or required under section 16.

S.M. 2021, c. 15, s. 11.

Applicability of The Corporations Act

13

The Corporations Act shall not apply to a health authority except to the extent prescribed by the Lieutenant Governor in Council.

S.M. 2021, c. 15, s. 12.

Board of health authority

14(1)

The management and affairs of a health authority established or continued under this Act shall be directed by a board of directors consisting of the prescribed number of directors who are appointed in accordance with this Act.

Terms of office

14(2)

The terms of office of the directors are as determined by the Lieutenant Governor in Council.

Vacancy

14(3)

A board may act despite a vacancy in its membership.

Chairperson

14(4)

The minister shall appoint a chairperson from among the directors of a health authority.

14(5)

[Repealed] S.M. 2021, c. 15, s. 13.

S.M. 1997, c. 41, s. 4; S.M. 2021, c. 15, s. 13.

First directors

15(1)

Notwithstanding section 14, the minister may

(a) appoint the number of persons the minister considers appropriate as the first directors of a health authority;

(b) appoint one of the first directors as the first chairperson of the board of the health authority; and

(c) make subsequent appointments to fill vacancies on the board until directors are appointed under subsection 14(1), and a person appointed under this clause is deemed to be a first director.

Terms of office of first directors

15(2)

The terms of office of a first director and the first chairperson of a health authority continue until their successors are appointed under section 14.

S.M. 2021, c. 15, s. 14.

Remuneration and expenses of directors

16

A health authority shall pay its directors the remuneration and expenses that the Lieutenant Governor in Council determines.

S.M. 2021, c. 15, s. 15.

Duties of directors

17

A director of a health authority's board must

(a) act honestly and in good faith with a view to the best interests of the health authority and the public interest; and

(b) exercise the care, diligence and skill that a reasonable and prudent person would exercise in comparable circumstances, and carry out their duties in accordance with this Act.

S.M. 1997, c. 41, s. 5; S.M. 2021, c. 15, s. 16.

By-laws and policies

18(1)

The board of a health authority must make by-laws and policies not inconsistent with this Act regarding its internal organization and proceedings and for the general conduct and management of the affairs of the authority.

Approval of by-laws by minister

18(2)

The by-laws made by a board, and all amendments to them, must

(a) comply with any model by-laws, guidelines or directions provided or approved by the minister; and

(b) be submitted to the minister for approval in accordance with the procedures established by the minister.

By-laws not effective until approved

18(3)

A by-law of a board has no force or effect until approved by the minister.

By-laws and policies open to public

18(4)

All by-laws and policies made by the board of a health authority must be open for inspection by the public during the normal office hours of the authority.

S.M. 2021, c. 15, s. 17.

Meetings

19

A board shall hold

(a) an annual meeting, which shall be open to the public, at the time and in accordance with the requirements prescribed in the regulations; and

(b) other meetings in accordance with the by-laws of the board.

Quorum

20

Unless otherwise prescribed, a majority of the directors appointed to a board constitutes a quorum for the transaction of business.

S.M. 2021, c. 15, s. 18.

Appointment of chief executive officer

21(1)

The board of a health authority must appoint, and determine the terms and conditions of employment of, a chief executive officer for the authority.

Responsibilities of chief executive officer

21(2)

The chief executive officer is responsible for the general management and conduct of the affairs of the authority in accordance with the by-laws, rules, policies and directions of the board, which includes responsibility for

(a) carrying out the policies and programs of the authority;

(b) managing the business affairs of the authority; and

(c) such other matters as may be delegated by the board to the chief executive officer.

S.M. 2021, c. 15, s. 19.

Officers and employees

22

Subject to this Act, the board of a health authority may appoint any officers and engage any employees and other persons it considers necessary to carry out and exercise the responsibilities, duties and powers of the authority.

S.M. 2021, c. 15, s. 20.

Employment contract required

22.1

The terms and conditions of employment of the chief executive officer of a health authority, and of any senior officer of the authority designated for the purpose of Division 5.1 of Part 4, must be set out in a written employment contract between the authority and the officer.

S.M. 2012, c. 8, s. 4; S.M. 2021, c. 15, s. 21.

DIVISION 2


RESPONSIBILITIES, DUTIES AND POWERS
OF HEALTH AUTHORITIES

PROVINCIAL HEALTH AUTHORITY

Responsibilities

23(1)

The provincial health authority is responsible for

(a) planning in relation to the provincial health system as set out in subsection (2);

(b) administering and delivering, or providing for the delivery of, provincial health services in accordance with this Act, the provincial clinical and preventive services plan and the authority's strategic and operational plan; and

(c) administering and delivering, or providing for the delivery of, provincial administrative and support services.

Duties

23(2)

In carrying out its responsibilities and any other function assigned to it by or under this Act, the provincial health authority must

(a) comply with its accountability agreement;

(b) prepare for the minister's approval

(i) successive five-year provincial clinical and preventive services plans respecting the delivery of health services in Manitoba, and

(ii) annual updates to those plans and any additional updates required by the minister;

(c) establish clinical standards for the delivery of health services provided or funded by the government or a health authority, and update those standards;

(d) implement its strategic and operational plan as approved by the minister under section 24;

(e) manage and allocate resources, including funding provided by the government for health services, in accordance with this Act and the authority's strategic and operational plan;

(f) in administering and delivering or providing for the delivery of health services,

(i) ensure that health services are delivered in accordance with directions given by the minister,

(ii) comply with, and ensure compliance with, prescribed standards and clinical standards, and

(iii) ensure that there is reasonable access to health services;

(g) monitor and evaluate

(i) the implementation of the provincial clinical and preventive services plan by the provincial health authority and the other health authorities, and by health corporations and health care organizations,

(ii) compliance with prescribed standards and clinical standards by the provincial health authority and by the regional health authorities, health corporations and health care organizations, and

(iii) the provincial health authority's delivery of health services and its compliance with provincial objectives and priorities;

(h) prepare for the minister's approval an annual provincial health capital plan that is based on the provincial clinical and preventive services plan;

(i) assist the cancer authority and regional health authorities with the development of their proposals for capital projects;

(j) at the minister's request, review the following and make recommendations to the minister:

(i) proposals for capital projects submitted by the cancer authority or regional health authorities,

(ii) proposals submitted by the cancer authority, regional health authorities, health corporations or health care organizations for the disposition of facilities that have received capital funding or operational funding directly or indirectly from the government;

(k) oversee the construction of facilities by the cancer authority, regional health authorities, health corporations and health care organizations if at least 2/3 of the cost of the construction is funded directly or indirectly by the government;

(l) oversee the expansion or major renovation of facilities by the cancer authority, regional health authorities, health corporations and health care organizations if at least 2/3 of the cost of the expansion or renovation is funded directly or indirectly by the government and the cost exceeds an amount determined by the minister;

(m) develop provincial health human resources plans for approval by the minister;

(n) provide provincial administrative and support services to the cancer authority, regional health authorities, health corporations and health care organizations;

(o) provide facilities for undergraduate and postgraduate study relating to health conditions and health services;

(p) train technical personnel to assist in the provision of health services; and

(q) comply with any directions given by the minister.

Consultations

23(3)

In preparing and updating a provincial clinical and preventive services plan for the minister's approval, the provincial health authority must carry out consultations respecting the plan as directed by the minister.

Ownership of hospital or other facility

23(4)

To carry out its responsibilities and perform its duties, the provincial health authority may, with the minister's approval, own or operate a facility in any health region.

S.M. 1997, c. 41, s. 6; S.M. 2011, c. 28, s. 2; S.M. 2012, c. 8, s. 5; S.M. 2021, c. 15, s. 22.

Establishment of standards committees

23.1(1)

The provincial health authority may establish one or more standards committees for the purpose of

(a) reviewing the professional competence of health care providers; and

(b) based on one or more reviews under clause (a), making recommendations respecting

(i) additional education or training that should be provided to an individual health care provider, or

(ii) actions or systemic changes that should be made to improve the quality of patient care or services provided by a health authority, health corporation, health care organization or health care provider.

Designation of standards committee

23.1(2)

The provincial health authority may

(a) designate a subcommittee established under subsection 182(1) of The Regulated Health Professions Act as a standards committee for the purposes of this section; and

(b) request the College of Physicians and Surgeons of Manitoba to establish a subcommittee under subsection 182(1) of The Regulated Health Professions Act for designation under clause (a).

Consultation

23.1(3)

When establishing or designating a standards committee, the provincial health authority must consult with the following entities:

(a) if the committee relates to medical services, the College of Physicians and Surgeons of Manitoba;

(b) if the committee relates to other health services, the college or association that is responsible for regulating the practice of the health profession relating to those health services under The Regulated Health Professions Act or an Act listed in Schedule 2 of that Act.

Limit on access to records

23.1(4)

No person has a right of access under any Act or regulation — including under Part 2 of The Freedom of Information and Protection of Privacy Act or Part 2 of The Personal Health Information Act — to

(a) a record or information, including an opinion or advice, prepared solely for use by a standards committee; or

(b) a record or information collected, compiled or prepared by a standards committee for the sole purpose of performing its duties.

Exception

23.1(5)

The limit on the right of access in subsection (4) does not apply to

(a) information in a record created or maintained for the purpose of providing health services to an individual; or

(b) information in a record required by law to be created or maintained by the owner, operator or person in charge of a facility or by a health care provider.

S.M. 2011, c. 28, s. 3; S.M. 2021, c. 15, s. 22.

CANCER AUTHORITY

Responsibilities

23.2(1)

The cancer authority is responsible for

(a) administering and delivering, or providing for the delivery of, health services relating to the prevention, diagnosis and treatment of cancer in accordance with the provincial clinical and preventive services plan and the cancer authority's strategic and operational plan;

(b) facilitating or conducting cancer research;

(c) facilitating or providing public education regarding the prevention, diagnosis and treatment of cancer; and

(d) studying hazards arising from the use of ionizing radiation equipment and radioactive materials in Manitoba and developing measures to address those hazards.

Duties

23.2(2)

In carrying out its responsibilities and any other function assigned to it by or under this Act, the cancer authority must

(a) comply with its accountability agreement;

(b) participate in the preparation and updating of provincial clinical and preventive services plans;

(c) establish clinical standards for the delivery of health services related to the prevention, diagnosis and treatment of cancer, and update those standards;

(d) implement its strategic and operational plan as approved by the minister under section 24;

(e) manage and allocate resources, including funding provided by the government for health services, in accordance with this Act and the cancer authority's strategic and operational plan;

(f) in administering and delivering or providing for the delivery of health services,

(i) ensure that health services are delivered in accordance with directions given by the minister,

(ii) comply with, and ensure compliance with, prescribed standards and clinical standards as they relate to the health services for which the cancer authority is responsible, and

(iii) ensure that there is reasonable access to cancer-related health services;

(g) cooperate with others, including government departments and agencies, in the delivery of cancer-related health services;

(h) report cases of cancer and record, compile and analyse data relating to cancer;

(i) monitor and evaluate

(i) the delivery of cancer-related health services by the cancer authority and the other health authorities, and by health corporations, and

(ii) compliance with the provincial clinical and preventive services plan, provincial objectives and priorities, prescribed standards and clinical standards by the cancer authority and, insofar as it relates to cancer-related health services, by the other health authorities and by health corporations;

(j) participate in the delivery of provincial administrative and support services by the provincial health authority;

(k) provide facilities for undergraduate and postgraduate study relating to health conditions and health services;

(l) train technical personnel to assist in the provision of health services; and

(m) comply with any directions given by the minister.

S.M. 2021, c. 15, s. 22.

REGIONAL HEALTH AUTHORITIES

Responsibilities

23.3(1)

A regional health authority is responsible for administering and delivering, or providing for the delivery of, health services in its health region in accordance with this Act, the provincial clinical and preventive services plan and the regional health authority's strategic and operational plan.

Duties

23.3(2)

In carrying out its responsibilities and any other function assigned to it by or under this Act, a regional health authority must

(a) comply with its accountability agreement;

(b) participate in the preparation and updating of provincial clinical and preventive services plans;

(c) promote and protect the health of the population of its health region and develop and implement measures for the prevention of disease and injury in accordance with the provincial clinical and preventive services plan;

(d) implement its strategic and operational plan as approved by the minister under section 24;

(e) manage and allocate resources, including funding provided by the government for health services, in accordance with this Act and the authority's strategic and operational plan;

(f) in administering and delivering or providing for the delivery of health services,

(i) ensure that health services are delivered in accordance with directions given by the minister,

(ii) comply with, and ensure compliance with, prescribed standards and clinical standards as they relate to the health services for which the regional health authority is responsible, and

(iii) ensure that there is reasonable access to the health services for which the regional health authority is responsible;

(g) cooperate with others, including government departments and agencies,

(i) in the delivery of health services, and

(ii) in the coordination of health services and facilities in the province;

(h) monitor and evaluate

(i) the delivery of health services by that regional health authority and by any health corporation or health care organization delivering health services on its behalf, and

(ii) compliance with the provincial clinical and preventive services plan, provincial objectives and priorities, prescribed standards and clinical standards by that regional health authority, and by any health corporation or health care organization delivering health services on its behalf;

(i) participate in the delivery of provincial administrative and support services by the provincial health authority;

(j) provide facilities for undergraduate and postgraduate study relating to health conditions and health services;

(k) train technical personnel to assist in the provision of health services; and

(l) comply with any directions given by the minister.

S.M. 2021, c. 15, s. 22.

ACCREDITATION

Accreditation of health authority

23.4(1)

A health authority must, in accordance with any directions of the minister, ensure that it is accredited by the health accreditation body or bodies approved by the minister, and that its accreditation is maintained at all times.

Duty to participate

23.4(2)

A health corporation or health care organization that delivers health services and receives funding from a health authority must participate in the authority's accreditation process as required by the authority in order for it to obtain accreditation.

Copy of accreditation report to be made public

23.4(3)

Within 60 days after receiving a final report about accreditation from an approved health accreditation body, a health authority must

(a) provide a copy of the report to the minister; and

(b) publish the report on the authority's website.

S.M. 2021, c. 15, s. 22.

Strategic and operational plan

24(1)

For each fiscal year, within the time and in the form specified by the minister, a health authority must prepare a strategic and operational plan in accordance with this section and submit it to the minister for approval.

Consultations

24(2)

In the course of preparing the plan, the authority must undertake consultations as directed by the minister.

Content of plan

24(3)

The plan must be consistent with the provincial clinical and preventive services plan, the provincial health human resources plan and the provincial capital plan and must

(a) state the authority's objectives and priorities (which must incorporate any applicable provincial objectives and priorities) for the provision of health services for which it is responsible;

(b) describe how the authority proposes to administer and deliver or provide for the delivery of the health services for which it is responsible and how the authority proposes to measure its performance in carrying out that responsibility;

(c) include a comprehensive financial plan, which must include a statement of how the authority's financial, human and other resources will be allocated; and

(d) deal with any other matters and contain any other information as the minister requires.

Approval of proposed plan

24(4)

After receiving the plan, the minister may

(a) approve the plan as submitted; or

(b) refer the plan back to the authority for changes to be made in accordance with any directions the minister considers appropriate.

Action if plan is referred back

24(5)

If the plan is referred back to the authority, the authority must comply with the minister's directions and resubmit the plan to the minister for approval.

Revision to be approved

24(6)

Any proposed revision of the plan after it has been approved must be submitted to the minister for approval. Subsections (4) and (5) apply to the proposed revision.

Minister may require revision to approved plan

24(7)

The minister may require a health authority to revise an approved plan. After receiving such a request, the health authority must revise the plan as required and submit it to the minister for approval within the time specified by the minister. Subsections (4) and (5) apply to the proposed revision.

S.M. 1997, c. 41, s. 7; S.M. 2012, c. 8, s. 6; S.M. 2021, c. 15, s. 22.

OTHER POWERS AND RESTRICTIONS

General powers of health authorities

25

Subject to this Act, a health authority may

(a) deliver or provide for the delivery of social services, with the approval of the minister;

(b) purchase, lease or otherwise acquire personal property;

(c) sell, lease or otherwise dispose of personal property;

(d) accept grants, gifts, donations and bequests of real or personal property, including money, or of any interest in real or personal property, from any source, and, where the grant, gift, donation or bequest is made subject to directions or conditions, the regional health authority shall comply with and give effect to the directions or conditions;

(e) where authorized by regulation, charge fees for health services, or categories of health services, directly to the person who received the services, at the rates fixed in, or calculated in accordance with, the regulations;

(f) establish and apply to register charitable foundations, as that term is defined in the Income Tax Act (Canada), to benefit, directly or indirectly, the public interest as it relates to health services; and

(g) exercise any other powers that are necessary to carry out and exercise its responsibilities and duties under this Act, unless otherwise directed by the minister.

S.M. 2021, c. 15, s. 24.

Power to provide additional health services

26

Subject to this Act, a health authority may deliver or provide for the delivery of health services in addition to those for which it is responsible under this Act if

(a) there is a need for the additional services;

(b) the additional health services are included in an approved strategic and operational plan or have otherwise been approved by the minister;

(c) the provision of the additional services will not impair or interfere with the delivery of or access to the health services it is required to deliver or provide for; and

(d) sufficient resources are available to the authority and can be allocated in a manner that ensures that all health services delivered by it or on its behalf meet the prescribed standards, clinical standards and all applicable requirements under this or any other Act or regulation.

S.M. 2021, c. 15, s. 25.

Powers respecting real property

27

With the approval of the minister, a health authority may

(a) purchase, lease or otherwise acquire for consideration real property, including a facility, or an interest in real property, that it considers necessary for its purposes;

(b) construct, renovate, expand, convert or relocate buildings or structures, including facilities; and

(c) sell, lease or otherwise dispose of real property, including a facility, or an interest in real property, when the real property is no longer required for its purposes or when the health authority considers that it is in the public interest to do so.

S.M. 2021, c. 15, s. 26.

Approval required for certain facilities

28(1)

A person must not acquire, establish, construct, operate, renovate, expand, convert or relocate a hospital or personal care home without the approval of

(a) the provincial health authority if operational funding for the hospital or personal care home is, or is to be, provided by that authority; or

(b) in any other case, the regional health authority for the health region in which the hospital or personal care home is, or is to be, located.

Approval required for sale of facilities

28(2)

If the government or a health authority has provided funding for the acquisition, establishment, construction, operation, major renovation, expansion, conversion or relocation of a facility, a person must not sell, lease or otherwise dispose of it or any real property associated with it without the approval of

(a) the provincial health authority if operational funding for the facility is, or most recently has been, provided by the provincial health authority; or

(b) the regional health authority for the health region in which the facility is located if operational funding for the facility is, or most recently has been, provided by the regional health authority.

Approval of minister

28(3)

A health authority shall not provide an approval under subsection (1) or (2) without the prior approval of the minister.

Approval additional to other requirements

28(4)

The requirements for approvals under subsections (1), (2) and (3) are in addition to the requirements under any other Act or regulation.

S.M. 1997, c. 41, s. 8; S.M. 2012, c. 8, s. 7; S.M. 2021, c. 15, s. 27.

28.1

[Repealed]

S.M. 2011, c. 45, s. 2; S.M. 2021, c. 15, s. 28.

Acquisition of equipment, software, etc.

28.2

Subject to the regulations, a health authority must not, without the minister's prior approval, purchase, lease, accept by donation or otherwise acquire

(a) equipment that will result in increased operating or capital costs; or

(b) computer or telecommunications software or equipment, whether or not it will result in increased operating or capital costs.

S.M. 2021, c. 15, s. 29.

Patents

28.3

With the approval of the minister, a health authority may

(a) apply for or acquire, by purchase, licence or otherwise, any patent relating to a medical treatment or a medical diagnostic procedure or device; or

(b) sell, license or assign any rights it holds under a patent.

S.M. 2021, c. 15, s. 29.

Health authority may require reports

29(1)

Subject to section 30.1, a health authority may require any person to whom it provides payments or funding (including a health corporation, health care organization or health care provider) to provide it with such information, reports, returns and financial statements, including audited financial statements, as it requires for the purpose of carrying out its responsibilities, performing its duties or exercising its powers under this Act.

Form of reports

29(2)

Information or a report, return or financial statement required under subsection (1) must be provided within the time and in the form specified by the health authority.

S.M. 2021, c. 15, s. 30.

Direction to health corporation

29.1(1)

A health authority may give a direction to a health corporation if it provides operational funding to the corporation.

Content of direction

29.1(2)

The direction may relate only to one or more of the following:

(a) the implementation of the provincial clinical and preventive services plan;

(b) the compliance with prescribed standards or clinical standards;

(c) in the case of a direction of the provincial health authority, matters that have an impact on its responsibility to administer and deliver, or provide for the delivery of, provincial health services;

(d) in the case of a regional health authority's direction, matters that have a region-wide impact on its responsibility to administer and deliver, or provide for the delivery of, health services in its health region.

Limitation on direction

29.1(3)

The direction may not

(a) relate to aspects of the health corporation's activities for which the health authority does not provide funds;

(b) require the health corporation to sell, transfer pursuant to section 46, encumber or otherwise dispose of the property or operation of the health corporation;

(c) require closure of a facility operated by the health corporation; or

(d) require a change in the composition of the board of directors of the health corporation.

Requirements for direction

29.1(4)

The direction must

(a) be in writing;

(b) contain reasons;

(c) be signed by the chief executive officer of the health authority giving it;

(d) be delivered to the corporation; and

(e) be filed with the minister.

Consultation required before direction may be given

29.1(5)

A direction under this section may be given only if

(a) the normal processes contemplated by any agreement under Division 3.1, including consultation and cooperation, fail to resolve the issue that is the subject matter of the potential direction; and

(b) the health authority has made reasonable efforts to consider and accommodate the position of the health corporation on the matter.

S.M. 2001, c. 44, s. 2; S.M. 2021, c. 15, s. 31.

Directions to be complied with

29.2

Subject to section 29.3, a health corporation shall comply with a direction given under section 29.1, notwithstanding any other Act, including a private Act, or any regulation, articles of incorporation or by-law.

S.M. 2001, c. 44, s. 2.

Limitation on direction: religious organizations

29.3(1)

A direction given under section 29.1 to a health corporation that is owned and operated by a religious organization must

(a) not be inconsistent with any agreement that the corporation has entered into under subsection 5(2); and

(b) be consistent with the following principles:

1.

The corporation may continue to respond to the spiritual and religious needs of its residents or patients, and to provide care and services in a manner that is consistent with the fundamental principles of the religion or faith to which it adheres.

2.

The corporation may continue

(i) to own and operate its facilities,

(ii) to retain the identity of the facilities as faith-sponsored facilities, and

(iii) to be governed by a board of directors appointed or elected by the religious organization.

Request to refer matter to arbitration

29.3(2)

If a health corporation owned or operated by a religious organization believes a direction is not in keeping with subsection (1), it may request that the matter be referred to arbitration. Such a request must be given to the health authority that gave the direction and the minister, within seven days after the health corporation receives the direction.

Appointment of arbitrator

29.3(3)

The parties may appoint an arbitrator selected by them jointly to conduct an arbitration under this section, but if they fail to do so within 10 days after the minister receives a request to refer a matter to arbitration, the minister shall select and appoint an arbitrator to determine the matter.

Arbitrator to hold hearing and file report

29.3(4)

Within 45 days after the appointment, or such longer period as the parties may agree to, the arbitrator shall

(a) hold a hearing on the matter of whether the direction is in keeping with subsection (1); and

(b) determine the matter and file a report with the parties.

Report binding

29.3(5)

The arbitrator's report is final and binding.

S.M. 2001, c. 44, s. 2; S.M. 2021, c. 15, s. 32.

Minister may require reports

30(1)

Subject to section 30.1, the minister may require a health authority to provide any information, reports, returns and financial statements, including audited financial statements, to the minister for the purposes of

(a) monitoring or evaluating

(i) the provision of health services or administrative and support services, or

(ii) compliance with the authority's accountability agreement;

(b) conducting research or planning that relates to the provision of health services or the payment for health services; or

(c) the administration of this Act.

Provincial health authority may require reports

30(2)

Subject to section 30.1, the provincial health authority may require the cancer authority or a regional health authority to provide any information and reports to the provincial health authority for the purpose of carrying out its responsibilities, performing its duties or exercising its powers under this Act.

Cancer authority may require reports

30(3)

Subject to section 30.1, the cancer authority may require the provincial health authority or a regional health authority to provide any information and reports relating to the prevention, diagnosis or treatment of cancer to the cancer authority for the purpose of carrying out its responsibilities, performing its duties or exercising its powers under this Act.

Timing and form of information or documentation

30(4)

Information or a report, return or financial statement required under this section must be provided within the time and in the form specified by the person requiring it to be provided.

S.M. 2021, c. 15, s. 33.

Disclosure of personal information or personal health information

30.1(1)

A request to provide information or a report, return or financial statement under section 29 or 30 may require the disclosure of personal information or personal health information, but only if

(a) in the opinion of the minister or health authority making the request, the purpose of the request cannot be accomplished without the disclosure of personal information or personal health information; and

(b) the amount of personal information and personal health information required to be provided is limited to the minimum amount that, in the opinion of the minister or health authority making the request, is necessary to accomplish the purpose of the request.

Information subject to solicitor-client privilege

30.1(2)

A request to provide information or a report, return or financial statement under section 29 or 30 does not apply to information that is subject to solicitor-client privilege.

S.M. 2021, c. 15, s. 33.

Agreements

31

Subject to this Act, a health authority may enter into agreements for the purposes of this Act with

(a) the government or an agency of the government;

(b) the government of Canada or of another province or territory, or an agency of one of those governments, with the consent of the minister;

(c) an Indian Band, with the consent of the minister;

(d) a municipality;

(e) another health authority; or

(f) any other person or group of persons.

S.M. 2021, c. 15, s. 34.

32

[Repealed]

S.M. 2012, c. 8, s. 9; S.M. 2021, c. 15, s. 35.

DIVISION 3

FINANCIAL MATTERS

Minister may provide government funding to health authority

33

The minister may provide government funding to a health authority for the purposes of this Act out of money appropriated by the Legislature for those purposes.

S.M. 2021, c. 15, s. 36.

33.1

[Repealed]

S.M. 2011, c. 28, s. 5; S.M. 2012, c. 8, s. 10; S.M. 2021, c. 15, s. 37.

Grants or payments under other enactments

34

Notwithstanding any other Act or regulation, where another Act or regulation provides that the minister shall or may provide grants or payments respecting health services or facilities to any person, including a health care organization, health care provider or health corporation, the minister may instead provide those grants or payments to a health authority and, subject to any terms and conditions the minister considers appropriate, the minister may delegate to the health authority the minister's powers in respect of the provision of the grants or payments.

S.M. 2021, c. 15, s. 38.

Minister may withhold payments to health authority

35

Notwithstanding this or any other Act or regulation, the minister may withhold any payment, or any part of a payment, to a health authority under this or any other Act or regulation until the health authority has complied with this Act.

S.M. 2021, c. 15, s. 39.

Health authority may withhold payments

36

Notwithstanding this or any other Act or regulation, or any agreement entered into by the health authority, a health authority may withhold any payment, or any part of a payment, to a health care organization or health corporation under this or any other Act or regulation until the health care organization or health corporation has complied with this Act.

S.M. 2021, c. 15, s. 40.

Fiscal year of health authority

37

The fiscal year of a health authority is April 1 to the following March 31.

S.M. 2021, c. 15, s. 41.

Quality and patient safety reporting

37.1(1)

A health authority, health corporation or health care organization must, as specified by the regulations, make periodic public reports about matters relating to the quality of health services provided and patient safety, at the time and in the form specified by the regulations.

Reports not to contain personal information or personal health information

37.1(2)

A report made under subsection (1) must not contain personal information or personal health information.

S.M. 2011, c. 28, s. 6; S.M. 2021, c. 15, s. 42.

Annual report

38(1)

A health authority shall, within six months after the end of each fiscal year, submit to the minister, and publish on the authority's website, an annual report respecting that fiscal year in the form and at the time specified by the minister.

Content of annual report

38(2)

An annual report submitted under subsection (1) shall contain

(a) a report respecting the activities of the health authority, including but not limited to the health services provided or funded by the health authority, and the costs of these activities;

(b) [repealed] S.M. 2021, c. 15, s. 43;

(b.1) [not proclaimed, but repealed by S.M. 2021, c. 15, s. 131]

(b.2) [repealed] S.M. 2021, c. 15, s. 43;

(c) the audited financial statement of the health authority respecting the fiscal year covered by the annual report, in the form specified by the minister; and

(d) such other information as may be required by the minister.

S.M. 2011, c. 28, s. 7; S.M. 2021, c. 15, s. 131; S.M. 2021, c. 15, s. 43.

Health authority's publication of payments to CEO

38.1(1)

A health authority must publish on its website, in accordance with the regulations, information about expenses paid by it to or for the benefit of its chief executive officer or designated senior officer and about the expense claims resulting in those payments.

Health corporation's publication of payments to CEO

38.1(2)

If a health corporation receives operational funding from a health authority, the authority must publish on its website, in accordance with the regulations, information about expenses paid by the corporation to or for the benefit of its chief executive officer or designated senior officer and about the expense claims resulting in those payments.

Timing of publication

38.1(2.1)

The information to be published under subsection (1) or (2) must be published no later than June 30 following the end of the fiscal year in which the expenses were paid.

Information that is not to be published

38.1(3)

Information that would identify a personal bank account, personal credit card account or any other personal account of the chief executive officer, designated senior officer or any other person must not be published on the authority's website.

Health corporation to provide information

38.1(4)

A health corporation shall provide to a health authority the information, including personal information, that the health authority requires to comply with this section.

S.M. 2011, c. 28, s. 8; S.M. 2012, c. 8, s. 15; S.M. 2021, c. 15, s. 44.

Auditor

39(1)

A health authority shall appoint an external auditor who shall audit the records, accounts and financial transactions of the health authority annually.

Restrictions re appointment of auditor — provincial health authority and cancer authority

39(2)

The provincial health authority and the cancer authority must not appoint an individual as auditor, and no individual may act as auditor of the authority, if, in the fiscal year the appointment is made or in the immediately preceding fiscal year, the individual

(a) is or was a director of any health authority;

(b) is or was a director of a health corporation that received operational funding from the authority;

(c) has or had a direct or indirect interest in an agreement or contract entered into by the authority, other than a contract respecting the audit; or

(d) is or was employed by the authority in a capacity other than as auditor.

Restrictions re appointment of auditor — regional health authority

39(3)

A regional health authority must not appoint an individual as auditor, and no individual may act as auditor of a regional health authority, if, in the fiscal year the appointment is made or in the immediately preceding fiscal year, the individual

(a) is or was a director of the same regional health authority, the provincial health authority or the cancer authority;

(b) is or was a director of a health corporation providing health services in the health region;

(c) has or had a direct or indirect interest in an agreement or contract entered into by the same regional health authority, other than a contract respecting the audit; or

(d) is or was employed by the same regional health authority in a capacity other than as auditor.

S.M. 2021, c. 15, s. 45.

Financial information

40

A health authority shall, within the time specified by the minister, provide to the minister any financial information that is requested by the minister.

S.M. 2021, c. 15, s. 46.

41

[Repealed]

S.M. 2021, c. 15, s. 47.

Financial responsibility for unfunded services

42

If a health authority delivers or provides funding for health services or social services that are not provided under a program supported by financial assistance from the government, the authority shall be responsible for all costs of the health services and social services that are not funded by the government.

S.M. 2021, c. 15, s. 48.

Borrowing

43(1)

Subject to the regulations, a health authority may borrow money for its purposes and may pledge its assets as security for money borrowed, but it may do so only with the approval of the minister.

Securities

43(2)

Subject to the regulations, a health authority may issue securities.

S.M. 2018, c. 29, s. 23; S.M. 2021, c. 15, s. 49.

Accountability agreement required

43.1(1)

Each health authority must enter into an accountability agreement with the minister within the time specified by the minister.

Terms of accountability agreement

43.1(2)

The terms of an accountability agreement may be negotiated between the parties. But the agreement must be for a period of at least one fiscal year and include terms

(a) ensuring that the health authority will operate within the annual budget allocated to it by the minister;

(b) requiring any operating agreement or service purchase agreement entered into by the health authority with a health corporation or health care organization to be in a form approved by the minister;

(c) ensuring that funding provided by the health authority for salaries of the executive management of health corporations and health care organizations will be in accordance with guidelines approved by the minister;

(d) requiring the minister's approval before the health authority assumes any debt or payment obligations from a foundation or other third party;

(e) confirming that any non-compliance with the accountability agreement by the health authority is a failure by that authority to properly carry out its responsibilities, perform its duties or exercise its powers under this Act; and

(f) addressing any other matters as directed by the minister.

Exception

43.1(3)

Despite the terms in an agreement addressing clause (2)(a), a request by a health authority for funding from the government in excess of its allocated annual budget for unexpected costs, and the receipt of such funding by the authority, does not constitute non-compliance with the agreement.

If negotiations fail

43.1(4)

If the minister is unable to conclude an accountability agreement with a health authority through negotiations, the minister may impose the terms of the agreement, which must include the matters set out in clauses (2)(a) to (f).

Availability to the public

43.1(5)

Each accountability agreement must be published on

(a) the government's website; and

(b) the health authority's website.

S.M. 2021, c. 15, s. 50.

44

[Repealed]

S.M. 2017, c. 34, s. 23; S.M. 2021, c. 15, s. 51.

DIVISION 3.1

FUNDING AGREEMENTS

Requirement for funding agreement

44.1(1)

The provincial health authority or a regional health authority may provide operational funding to a health corporation or to a prescribed health care organization only if the authority and the corporation or organization have entered into a written funding agreement in the form specified by the minister.

Consistency with other agreements

44.1(2)

If the agreement is with a health corporation, it must be consistent with any agreement under subsection 5(2) that applies to the corporation.

Agreements with religious organizations

44.1(3)

An agreement under this section with a health corporation that is owned and operated by a religious organization must be consistent with

(a) any agreement that the corporation has entered into under subsection 5(2); and

(b) the following principles:

1.

The corporation may continue to respond to the spiritual and religious needs of its patients or residents and to provide care and services in a manner that is consistent with the fundamental principles of the religion or faith to which it adheres.

2.

The corporation may continue

(i) to own and operate its facilities,

(ii) to retain the identity of the facilities as faith-sponsored facilities, and

(iii) to be governed by a board of directors appointed or elected by the religious organization.

Funding during negotiations

44.1(4)

Despite subsection (1), the authority may, with the minister's approval, provide funding to the corporation while the funding agreement is being negotiated.

Resolution if negotiations unsuccessful

44.1(5)

If the parties to the negotiation are unable to conclude an agreement within a time that the minister considers reasonable, the minister may resolve the matters in dispute if the minister considers it to be in the public interest to do so.

Resolution binding

44.1(6)

A resolution of the minister is to be interpreted, applied and enforced as though it had been arrived at by agreement between the parties under subsection (1).

Limitation

44.1(7)

A resolution of the minister relating to health services to be delivered by a health corporation that is owned and operated by a religious organization must be consistent with the principles set out in clause (3)(b).

S.M. 1998, c. 57, s. 2; S.M. 2021, c. 15, s. 52.

Extension of existing agreement

44.2(1)

When an agreement under section 44.1 is about to expire and a new agreement has not been entered into, any party to the agreement may request the minister to extend the term of the agreement for not more than 90 days.

Term of agreement extended

44.2(2)

If the minister grants an extension, the term of the agreement is deemed to be extended for the period specified.

S.M. 1998, c. 57, s. 2; S.M. 2021, c. 15, s. 52.

Division applies despite other Acts

44.3

An agreement may be entered into or a resolution made by the minister under this Division despite any other Act, including a private Act, or any regulation, articles of incorporation or by-law.

S.M. 1998, c. 57, s. 2; S.M. 2021, c. 15, s. 52.

DIVISION 4

TRANSFER OF OPERATIONS TO A
HEALTH AUTHORITY

Definitions

45

The following definitions apply in this Division.

"transfer agreement" means an agreement under section 46 between a health corporation or health care organization and a health authority for the transfer of some or all of the corporation's or organization's operations, activities, property, rights, debts, obligations or liabilities to the authority. (« accord de prise en charge »)

"transferor" means the transferor under a transfer agreement and, in relation to a proposed transfer agreement, includes the party that will be the transferor if the agreement is concluded. (« cédant »)

S.M. 2021, c. 15, s. 52.

Transfer agreement

46(1)

Despite any other Act, including a private Act, a health authority may enter into a transfer agreement with a health corporation or health care organization.

Terms of transfer agreement

46(2)

A transfer agreement must

(a) address all matters specified by the minister;

(b) specify the operations, activities and property that will be transferred;

(c) specify any rights, debts, obligations or liabilities of the transferor relating to the operations, activities or property to be transferred that will not be transferred;

(d) require that any unfunded outstanding debt of the transferor charged to municipalities under section 35.1 of The District Health and Social Services Act because of the transfer agreement be paid to the authority;

(e) specify the effective date of the transfer; and

(f) be in the form specified by the minister.

Approvals required

46(3)

A transfer agreement has no force or effect unless it is approved by

(a) the board of the authority;

(b) the board of the transferor and, if required by law, by the members or shareholders of the transferor; and

(c) the minister, in writing.

Transfer not a breach or default

46(4)

A transfer under a transfer agreement is deemed not to be a breach, default or contravention of or under any lease, agreement, contract of insurance, licence, permit or other instrument, and subject to subsection (3), no prohibition or absence of consent affects the validity of a transfer under a transfer agreement.

S.M. 1997, c. 41, s. 9; S.M. 2021, c. 15, s. 52.

Restrictions during negotiation

47

After negotiations for a transfer agreement have begun, the transferor must not make any commitment or incur any debt, obligation or liability relating to the operations, activities or property to be transferred unless

(a) the health authority consents to it; or

(b) either party has notified the other that it is ceasing the negotiations.

S.M. 2021, c. 15, s. 52.

Effect of agreement

48

Despite any other Act, including a private Act, or the terms of any other agreement, and unless the transfer agreement provides otherwise, on the effective date of the transfer specified in a transfer agreement,

(a) subject to this Act,

(i) the authority assumes the operations and activities to be transferred to it under the agreement,

(ii) the property to be transferred under the agreement becomes the property of the authority, and

(iii) the rights of the transferor relating to the transferred operations, activities or property become the rights of the authority;

(b) without limiting subclauses (a)(i) and (ii), any amount apportioned and charged to a municipality as a result of an apportionment by the transferor under section 35.1 of The District Health and Social Services Act becomes payable by the municipality to the health authority, despite that section, within such time as the authority and municipality agree, which must be no later than one year after the date a request for payment is received by the municipality;

(c) all debts, obligations and liabilities of the transferor relating to the operations, activities or property transferred under the agreement become the debts, obligations and liabilities of the health authority;

(d) an existing cause of action, claim or liability to prosecution relating to the operations, activities or property transferred under the agreement is unaffected;

(e) a civil, criminal or administrative action or proceeding pending by or against the transferor relating to the operations, activities or property transferred under the agreement may be continued by or against the health authority; and

(f) a fine or penalty imposed on, or ruling, order or judgment in favour of or against, the transferor relating to the operations, activities or property transferred under the agreement may be enforced by or against the health authority.

S.M. 2021, c. 15, s. 52.

Dissolution and disestablishment of transferor

49

If a transfer agreement provides for the transfer of all of the transferor's operations, activities, property, rights, debts, obligations and liabilities, on the effective date of the transfer,

(a) if the transferor is established under The District Health and Social Services Act, despite that Act, the minister may dissolve and disestablish the transferor, its board and its corresponding district, and the Lieutenant Governor in Council or the minister, as the case may be, may repeal or amend any regulations under that Act to achieve this purpose;

(b) if the transferor is incorporated under The Corporations Act, it must take steps to dissolve under that Act; and

(c) in any other case, the transferor must take reasonable steps to dissolve or disestablish.

S.M. 1997, c. 41, s. 10; S.M. 2017, c. 34, s. 23; S.M. 2021, c. 15, s. 52.

Use of grants, gifts, etc.

50(1)

If any grant, gift, donation or bequest of real or personal property, including money, or of any interest in real or personal property, made to a health corporation or health care organization for the purposes of a specified facility or for other specified purposes becomes the property of a health authority as the result of a transfer agreement, the health authority must use the grant, gift, donation or bequest for the purposes of that specified facility or for the specified purposes.

Bequests to transferor

50(2)

If all the transferor's operations, activities, property, rights, debts, obligations and liabilities are transferred to a health authority under a transfer agreement and the transferor is named as a beneficiary in a will, codicil, trust indenture, instrument, gift or other document, regardless of when it was made or when it becomes effective, any reference to the transferor is to be read as a reference to the health authority.

S.M. 2021, c. 15, s. 52.

Transfer to health authority by order in council

50.1(1)

Despite any other provision of this Act, any other Act, including a private Act, or the terms of any agreement, the Lieutenant Governor in Council may, by order,

(a) subject to any terms and conditions that may be set out in the order, transfer or assign to, and vest in, a health authority any operations, activities, property, rights, debts, obligations or liabilities of the government, a government agency or another health authority relating to the delivery of health services; and

(b) address any other matter or thing that the Lieutenant Governor in Council considers necessary or advisable to effect the transfer, assignment or vesting or remedy any difficulty encountered in relation to the transfer, assignment or vesting.

Effect of order

50.1(2)

An order under subsection (1) constitutes, for all purposes, a legal and valid transfer, assignment or vesting of the operations, activities, property, rights, debts, obligations and liabilities set out in the order in accordance with the terms and conditions of the order.

Rights or claims may be continued

50.1(3)

Any person who may have a right or claim in relation to anything that has been transferred or assigned to, or vested in, a health authority under subsection (1) may continue to assert that right or claim against that authority.

Transfer or assignment valid

50.1(4)

No prohibition of any transfer, assignment or vesting, nor the absence of any required consent or approval, voids or affects the validity of a transfer, assignment or vesting under this section.

Transfer or assignment not a breach or default

50.1(5)

A transfer, assignment or vesting under this section is deemed not to be a breach, default or contravention of or under any lease, agreement, contract of insurance, licence, permit or other instrument.

S.M. 2021, c. 15, s. 52.

DIVISION 5

AMALGAMATION OF
REGIONAL HEALTH AUTHORITIES

51(1) to (4)   [Repealed] S.M. 2012, c. 8, s. 11.

Establishment of new regional health authority

51(5)

The Lieutenant Governor in Council, on the recommendation of the minister, may, by regulation,

(a) amalgamate regional health authorities to establish a new regional health authority; and

(b) amalgamate their health regions to establish a new health region in their place.

Content of regulation

51(6)

A regulation under subsection (5) shall

(a) disestablish the regional health authorities that are amalgamated and their corresponding health regions;

(b) dissolve the boards of the regional health authorities that are amalgamated;

(c) name the new health region and describe its boundaries;

(d) name the new regional health authority for the new health region;

(e) specify the effective date of the establishment of the new regional health authority and the new health region;

(f) specify the organization and composition of the new regional health authority, including but not limited to the composition of its board and the number of directors on it; and

(g) deal with such other matters as may be necessary to facilitate the amalgamation.

Board

51(7)

The directors of the board of a new regional health authority established under subsection (5) shall be appointed in accordance with this Act.

Interim board

51(8)

Notwithstanding subsection (7), where such action is necessary to ensure that the administration and provision of health services in the health region will not be interrupted, the minister may appoint an interim board for the new regional health authority to carry out and exercise the responsibilities, duties and powers of the new regional health authority until directors are appointed or elected in accordance with subsection (7).

Effect of amalgamation

51(9)

On the effective date of the establishment of a new regional health authority under subsection (5),

(a) all the rights and property of the regional health authorities that are amalgamated become the rights and property of the new regional health authority established in their place;

(b) all the debts, obligations and liabilities of the regional health authorities that are amalgamated become the debts, obligations and liabilities of the new regional health authority established in their place;

(c) an existing cause of action, claim or liability to prosecution is unaffected;

(d) a civil, criminal or administrative action or proceeding pending by or against the regional health authorities which are amalgamated may be continued by or against the new regional health authority established in their place; and

(e) a conviction against, or ruling, order or judgment in favour of or against, the regional health authorities which are amalgamated may be enforced by or against the new regional health authority established in their place.

S.M. 1997, c. 41, s. 11; S.M. 2012, c. 8, s. 11; S.M. 2021, c. 15, s. 53.

DIVISION 5.1

EMPLOYMENT OF SENIOR HEALTH
MANAGERS

Definitions

51.1

The following definitions apply in this Division.

"compensation" means compensation pursuant to an employment contract, and includes the value of all monetary and non-monetary salary or payments, allowances, bonuses, commissions and perquisites, including

(a) all overtime payments, retirement or severance payments, lump sum payments and vacation entitlements and payouts;

(b) the value of loan or loan interest obligations that have been extinguished and the value of imputed interest benefits from loans;

(c) long-term incentive plan earnings and payouts;

(d) the value of the benefit derived from vehicles or allowances for vehicles;

(e) the value of the benefit derived from living accommodation or any subsidy for living accommodation;

(f) payments made for exceptional benefits not provided to the majority of employees of the organization;

(g) payments for memberships in recreational clubs or organizations; and

(h) the value of any other payment or benefit that may be prescribed in the regulations. (« rémunération »)

"designated" means designated by regulation. (« désigné »)

"employment contract" includes any amendment to, or extension or renewal of, an employment contract. (« contrat de travail »)

S.M. 2012, c. 8, s. 12.

Directions re terms and conditions of employment

51.2(1)

The minister may give directions to a health authority respecting the terms and conditions of employment of the chief executive officer and designated senior officers of the authority.

Review of proposed employment contract

51.2(2)

When a direction issued under subsection (1) is in effect, a health authority must not appoint or enter into an employment contract with a chief executive officer or a designated senior officer unless

(a) the authority has submitted the proposed employment contract to the chief financial officer of the minister's department for review; and

(b) the chief financial officer has determined that the proposed employment contract is consistent with the direction.

Inconsistent provision not enforceable

51.2(3)

A provision of an employment contract to be reviewed under subsection (2) is void and unenforceable, and the authority must not make any payment under it unless the chief financial officer of the minister's department has determined that it is consistent with the direction.

S.M. 2012, c. 8, s. 12; S.M. 2014, c. 32, s. 37; S.M. 2021, c. 15, s. 54.

51.3

[Not proclaimed, but repealed S.M. 2021, c. 15, s. 132]

Restriction — health authority contracts with senior officers

51.4(1)

Except with the minister's approval, a health authority must not enter into an employment contract with, or provide compensation or make a payment under any contract or other arrangement to, a person who was formerly a chief executive officer or a designated senior officer of the authority within one year after the person's employment terminated.

Contract void

51.4(2)

A contract entered into without the approval required under subsection (1) is void and unenforceable.

Prohibition — providing compensation or payments

51.4(3)

No health authority shall provide compensation or make a payment to any person under a contract or other arrangement that contravenes subsection (1).

S.M. 2012, c. 8, s. 12; S.M. 2021, c. 15, s. 55.

Restriction — health corporation, etc. contracts with former officers

51.5(1)

A health corporation or a designated health care organization must not enter into an employment contract with, or provide compensation or make a payment under any contract or other arrangement to, a person who was formerly a chief executive officer or a designated senior officer of that corporation or organization, within one year after the person's employment terminated, except with the approval of the health authority that is providing operational funding to the corporation or organization.

Authority to consider position of health corporation or health care organization

51.5(2)

In determining whether to grant approval under subsection (1), a health authority shall consider the position of the health corporation or designated health care organization on the matter.

Contract void

51.5(3)

Any contract entered into without the approval required under subsection (1) is void and unenforceable.

Prohibition — providing compensation or payments

51.5(4)

No health corporation or designated health care organization shall provide compensation or make a payment to any person under a contract or other arrangement that contravenes subsection (1).

S.M. 2012, c. 8, s. 12; S.M. 2021, c. 15, s. 56.

DIVISION 6

APPOINTMENT OF
OFFICIAL ADMINISTRATOR
AND DISESTABLISHMENT
OF REGIONAL HEALTH AUTHORITIES

Appointment of official administrator

52(1)

The minister may at any time, by order, appoint a person as official administrator to act in the place of a health authority and its board, if the minister is of the opinion that

(a) the health authority or its board is not properly carrying out or exercising its responsibilities, duties or powers under this Act, or any other Act; or

(b) the health and safety of patients or residents is threatened; or

(c) it is in the public interest to do so.

Powers of official administrator

52(2)

Unless the order under subsection (1) provides otherwise, and subject to the direction of the minister, an official administrator appointed under subsection (1)

(a) has the exclusive right to exercise all the powers and authority of the health authority and its board, including but not limited to the power to deal with and dispose of the property of the health authority;

(b) shall carry out all the responsibilities and duties of the health authority and its board; and

(c) shall be paid, out of the funds of the health authority, the remuneration and expenses determined by the minister.

Directors cease to hold office

52(3)

Unless the order under subsection (1) provides otherwise, on the appointment of an official administrator, the directors on the board of the health authority cease to hold office and shall cease to perform any duties or exercise any powers assigned to them under this or any other Act or regulation.

Directors may continue to act

52(4)

If, under the order under subsection (1), some or all of the directors continue to have the right to act with respect to any matter, any such act of the directors is valid only if approved by the official administrator.

Directors to assist official administrator

52(5)

Where an official administrator is appointed, the directors or former directors on the board of the health authority shall

(a) immediately deliver to the official administrator all funds, and all books, records and documents respecting the management and activities, of the health authority; and

(b) give the official administrator all information and assistance required to enable the official administrator to carry out and exercise his or her responsibilities, duties and powers.

Termination of appointment

52(6)

If, in the opinion of the minister, an official administrator is no longer required, the minister may do one or both of the following:

(a) terminate the appointment of the official administrator on such terms and conditions as the minister considers advisable;

(b) order the appointment or election of a new board for the health authority in accordance with the regulations.

S.M. 1997, c. 41, s. 12; S.M. 2006, c. 14, s. 116; S.M. 2021, c. 15, s. 57.

Disestablishment of regional health authority

53(1)

The Lieutenant Governor in Council may, if it considers that it is in the public interest,

(a) order that a regional health authority be wound up and appoint a person to wind up its affairs; and

(b) by regulation, disestablish the regional health authority;

on any terms and conditions that the Lieutenant Governor in Council considers appropriate.

Disestablishment of region or designation of provincial health authority

53(1.1)

If a regional health authority is wound up and disestablished under subsection (1), the Lieutenant Governor in Council may

(a) by regulation, disestablish the authority's health region; or

(b) by order, designate the provincial health authority as the regional health authority for the corresponding health region.

Reference to RHA means provincial health authority

53(1.2)

If the provincial health authority is designated as the regional health authority for a health region under clause (1.1)(b), any reference in this or any other Act or regulation to a regional health authority must be read, in respect of the health region for which the designation was made, as referring to the provincial health authority in its capacity as the regional health authority for the health region.

Powers of person appointed to wind up affairs

53(2)

A person appointed by the Lieutenant Governor in Council to wind up the affairs of a regional health authority under subsection (1) has all the power and authority of the regional health authority and its board for this purpose.

Effect of disestablishment

53(3)

On the winding up and disestablishment of a regional health authority,

(a) the regional health authority is disestablished and its board is dissolved;

(b) all the rights and property of the regional health authority become the rights and property of the government or, by order of the Lieutenant Governor in Council, of the provincial health authority; and

(c) all the debts, obligations and liabilities of the regional health authority become the debts, obligations and liabilities of the government or, by order of the Lieutenant Governor in Council, of the provincial health authority.

S.M. 1997, c. 41, s. 13; S.M. 2021, c. 15, s. 58.

PART 4.1

PATIENT SAFETY

Definitions

53.1

The following definitions apply in this Part.

"critical incident" means an unintended event that occurs when health services are provided to an individual and results in a consequence to him or her that

(a) is serious and undesired, such as death, disability, injury or harm, unplanned admission to hospital or unusual extension of a hospital stay, and

(b) does not result from the individual's underlying health condition or from a risk inherent in providing the health services. (« incident critique »)

"critical incident review committee" means a committee of one or more individuals established under subsection 53.3(1) or 53.4(1). (« comité d'examen des incidents critiques »)

S.M. 2005, c. 24, s. 2; S.M. 2021, c. 15, s. 59.

Critical incident: disclosure and recording

53.2(1)

Health authorities, health corporations and prescribed health care organizations must establish written procedures respecting providing information about and recording critical incidents as required in subsection (2), in accordance with guidelines approved by the minister.

Duty to inform individual re critical incident

53.2(2)

If a critical incident occurs when a health authority, health corporation or prescribed health care organization is providing health services to an individual, the authority, corporation or organization must ensure that

(a) appropriate steps are taken to fully inform the individual, as soon as possible, about

(i) the facts of what actually occurred with respect to the critical incident,

(ii) its consequences for the individual as they become known, and

(iii) the actions taken and to be taken to address the consequences of the critical incident, including any health services, care or treatment that are advisable;

(b) a complete record is promptly made about the critical incident, which includes

(i) the facts of what actually occurred with respect to the critical incident,

(ii) its consequences for the individual as they become known, and

(iii) the actions taken and to be taken to address the consequences of the critical incident, including any health services, care or treatment that are advisable; and

(c) the record described in clause (b) is available to be examined and copied by the individual at no cost.

If individual lacks capacity or is deceased

53.2(3)

If an individual lacks the capacity to understand the nature and consequences of a critical incident, or is deceased, the information required to be provided and the record to be made available under subsection (2) must be provided or made available to a person authorized by the regulations to receive information and records on the individual's behalf.

S.M. 2005, c. 24, s. 2; S.M. 2021, c. 15, s. 60.

Critical incident: health corporation or organization

53.3(1)

Except as provided in subsections (6) and (7), if a critical incident occurs when health services are provided to an individual by a health corporation or a prescribed health care organization, the corporation or organization must promptly

(a) notify the regional health authority for the health region in which the critical incident took place about the critical incident, in accordance with guidelines established by the regional health authority; and

(b) in consultation with the regional health authority, establish a critical incident review committee, consisting of one or more individuals satisfactory to the regional health authority, to investigate and report respecting the critical incident.

Regional health authority to notify minister

53.3(2)

Promptly upon being notified about a critical incident under subsection (1), the regional health authority must notify the minister about the critical incident.

Investigation and reports of review committee

53.3(3)

A critical incident review committee established under subsection (1) must, in accordance with the health corporation's or prescribed health care organization's directions,

(a) investigate the critical incident and, during the investigation, provide information and reports to the corporation or organization as requested; and

(b) upon completing the investigation, report its findings and recommendations to the corporation or organization in writing.

Reports to regional health authority

53.3(4)

In accordance with guidelines established by the regional health authority, the health corporation or prescribed health care organization must provide information and reports to the authority about the critical incident and the critical incident review committee's investigation, including a written report upon completion of the investigation.

Reports by regional health authority to minister

53.3(5)

The regional health authority must provide information and reports to the minister about the critical incident and the critical incident review committee's investigation, including a written report upon completion of the investigation.

Exception: designated organizations

53.3(6)

Subsections (1) to (5) do not apply to a prescribed health care organization that is designated by regulation. Instead,

(a) the designated organization must notify and report to the minister, rather than the health authority, if a critical incident occurs; and

(b) section 53.4 applies in respect of the critical incident as if the organization were the health authority.

Exception: health corporations and organizations funded by provincial health authority

53.3(7)

If a health corporation or health care organization receives operational funding from the provincial health authority, each instance in subsections (1) to (6) of "authority", "regional health authority" and "regional health authority for the health region" must be read as "provincial health authority".

S.M. 2005, c. 24, s. 2; S.M. 2021, c. 15, s. 61.

Critical incident: health authority

53.4(1)

If a critical incident occurs when health services are provided to an individual by a health authority, the authority must promptly

(a) notify the minister about the critical incident; and

(b) establish a critical incident review committee to investigate and report respecting the critical incident.

Investigation and reports of review committee

53.4(2)

A critical incident review committee established under subsection (1) must, in accordance with the health authority's directions,

(a) investigate the critical incident and, during the investigation, provide information and reports to the authority as requested; and

(b) upon completing the investigation, report its findings and recommendations to the authority in writing.

Reports to minister

53.4(3)

The health authority must provide information and reports to the minister about the critical incident and the critical incident review committee's investigation, including a written report upon completion of the investigation.

S.M. 2005, c. 24, s. 2; S.M. 2021, c. 15, s. 62.

Critical incident: notification by others

53.4.1(1)

Any of the following who believes that a critical incident has occurred in respect of health services provided to an individual may notify the health corporation, prescribed health care organization or health authority which provided the health services:

(a) the individual himself or herself;

(b) a relative of the individual;

(c) an individual working at or for the health authority, the health corporation or the prescribed health care organization.

Action where notification received

53.4.1(2)

Promptly upon being notified under subsection (1), the health corporation, prescribed health care organization or health authority must determine if a critical incident occurred.

Review committee provisions apply

53.4.1(3)

If the health corporation, prescribed health care organization or health authority determines that a critical incident has occurred, it must ensure that the incident is investigated and reported on, and sections 53.3 and 53.4 apply, with necessary changes.

Retaliation prohibition applies

53.4.1(4)

Section 53.9 applies, with necessary changes, to an individual described in clause (1)(c) who gives a notification under this section.

S.M. 2005, c. 24, s. 2; S.M. 2008, c. 42, s. 83; S.M. 2021, c. 15, s. 63.

Minister's guidelines

53.5

The minister may establish guidelines respecting investigations to be carried out, and notices and reports to be provided, under this Part.

S.M. 2005, c. 24, s. 2.

Review committee may require information

53.6(1)

For the purpose of carrying out its duties under this Part, a critical incident review committee may require a health corporation, prescribed health care organization, health authority, health care provider or other person providing health services that has information or custody or control of a document or record — including a record containing personal health information or personal information — relating to the critical incident being investigated to provide the information, document or record to the review committee.

Limit re personal health information and personal information

53.6(2)

A critical incident review committee must limit personal health information and personal information to be provided under subsection (1) to the minimum amount necessary to properly carry out its duties under this Part.

Sharing of information between review committees

53.6(3)

If a critical incident involves more than one health corporation, prescribed health care organization or health authority, the members of the critical incident review committees established to investigate it may share information, documents and records — including records containing personal health information or personal information — with each other to the extent necessary to properly carry out their duties under this Part.

S.M. 2005, c. 24, s. 2; S.M. 2021, c. 15, s. 63.

Limit re personal health information and personal information in notices and reports

53.7

A notice, report or information provided under this Part may include personal health information and personal information. But personal health information and personal information must be limited to the minimum amount necessary to accomplish the purposes of this Part.

S.M. 2005, c. 24, s. 2.

Discovery of information to be provided to individual

53.8

If, in the course of investigating a critical incident, a critical incident review committee becomes aware of information that should be, or should have been, provided to an individual or included in a record under subsection 53.2(2),

(a) the review committee must notify the health corporation, prescribed health care organization or health authority responsible for providing or recording the information; and

(b) the corporation, organization or authority must ensure that the information is promptly provided or recorded as required under subsection 53.2(2).

S.M. 2005, c. 24, s. 2; S.M. 2021, c. 15, s. 64.

Retaliation prohibited

53.9

No person shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage another person because that other person has complied with a requirement to provide information, documents or records under this Part.

S.M. 2005, c. 24, s. 2.

Limit on access to records re critical incident

53.10(1)

No person, including an individual information is about, has a right of access under any Act or regulation — including under Part 2 of The Freedom of Information and Protection of Privacy Act or Part 2 of The Personal Health Information Act — to any of the following:

(a) a notice provided under section 53.3 or 53.4;

(b) a record or information — including an opinion or advice — prepared solely for the use of a critical incident review committee, or collected, compiled or prepared by a critical incident review committee for the sole purpose of carrying out its duties under this Part;

(c) a report, record or information that is required to be prepared or provided by a health corporation, prescribed health care organization or health authority under section 53.3 or 53.4.

Exception

53.10(2)

The limit on the right of access in subsection (1) does not apply to

(a) the information in a record referred to in clause 53.2(2)(b), or to an individual's right to examine and copy a record under clause 53.2(2)(c);

(b) information in a record created or maintained for the purpose of providing health services, including health care or treatment, to an individual; or

(c) information in a record required by law to be created or maintained by the owner, operator or person in charge of a facility or by a health care provider.

S.M. 2005, c. 24, s. 2; S.M. 2021, c. 15, s. 64.

PART 5

GENERAL PROVISIONS

Duties and powers of health corporations, etc.

54(1)

Notwithstanding any other Act, including a private Act, or any regulation, articles of incorporation or by-law, a health care organization, health care provider, health corporation or other person in receipt of payments or funding from a health authority

(a) shall comply with this Act;

(b) shall comply with prescribed standards;

(b.1) shall, if it receives operational funding from a health authority,

(i) ensure that it participates in the authority's accreditation process as required to enable the authority to obtain accreditation, and

(ii) if required by the minister, ensure that it is accredited by an accreditation body approved by the minister;

(c) shall submit reports, returns, financial statements, including audited financial statements, and statistical information as required by a health authority under section 29 or by the regulations;

(d) shall, where the person is a health corporation, comply with any requirements or restrictions respecting borrowing or investments set out in the regulations;

(d.1) subject to the regulations, shall not, where the person is a health corporation operating a hospital, do any of the following without the approval of the health authority providing operational funding to the corporation:

(i) provide hospital services other than those funded by the authority,

(ii) purchase, lease, accept by donation or otherwise acquire

(A) equipment that will result in increased operating or capital costs, or

(B) computer or telecommunications software or equipment, whether or not it will result in increased operating or capital costs;

(e) subject to the regulations, may enter into agreements or other arrangements with a health authority respecting the delivery of health services; and

(f) where authorized by regulation, may charge fees at the rates fixed in, or calculated in accordance with, the regulations for health services, or categories of health services, provided directly to the person who received the health services.

Health authority to seek minister's approval

54(2)

Subject to the regulations, a health authority shall not approve a purchase, lease, donation or other acquisition under subclause (1)(d.1)(ii) without having obtained the prior approval of the minister.

S.M. 2011, c. 28, s. 9; S.M. 2021, c. 15, s. 65.

Approvals may be subject to conditions

55

An approval or consent given by the minister or a health authority under this Act may be subject to terms and conditions.

S.M. 2021, c. 15, s. 66.

Appointment of inspectors by minister

56(1)

The minister may appoint any person as an inspector for the purposes of this Act.

Power to enter, inspect and require production

56(2)

An inspector appointed under subsection (1) may, at any reasonable time and upon presentation of identification,

(a) enter and inspect a facility;

(b) subject to Part 5 of The Mental Health Act, require a health authority, or a health care organization, health care provider, health corporation or other person providing health services, to produce for examination, audit or copying, any records, documents and things relating to its business and activities, including the provision of health services, which are in the possession or under the control of the health authority, health care organization, health care provider, health corporation or person.

Use of data processing system and copying equipment

56(3)

In carrying out an inspection, examination or audit under this Act, an inspector may

(a) use a data processing system at the facility or the place where the records, documents or things are kept to examine any data contained in or available to the system;

(b) reproduce, in the form of a print-out or other intelligible output, any record from the data contained in or available to a data processing system at the facility or in the place; and

(c) use any copying equipment at the facility or place to make copies of any record or document.

Assistance to inspectors

56(4)

Any person who owns, operates or is in charge of a facility or who has custody or control of a record, document or thing referred to in subsection (2) shall give an inspector appointed under this Act all reasonable assistance to enable the inspector to carry out his or her duties and shall furnish to the inspector any information the inspector may reasonably require.

Warrant by justice

56(5)

A justice, who is satisfied by information on oath that an inspector appointed under this Act has been prevented from exercising his or her powers under this Act, may at any time issue a warrant authorizing the inspector and any other person named in the warrant to exercise the powers granted.

S.M. 1998, c. 36, s. 135; S.M. 2021, c. 15, s. 67.

Minister to appoint interim manager

56.1(1)

The minister may at any time by order, appoint any person or other entity as the minister sees fit as an interim manager to take control of, operate and manage a facility operated by a health corporation, where

(a) the minister believes on reasonable grounds that

(i) the health and safety of patients or residents is threatened,

(ii) the health corporation has failed to meet its financial obligations for that facility,

(iii) the health corporation has failed to show financial responsibility for that facility,

(iv) the health corporation has failed to meet any standards of operation prescribed in this or any other Act or in any regulations prescribed under this or any other Act for that facility, or

(v) the health corporation has failed to perform a duty under this Act, or any other Act; or

(b) in the minister's opinion, it is in the public interest to do so.

Powers of the interim manager

56.1(2)

Unless the order under subsection (1) provides otherwise, subject to subsection (4) and subject to the direction of the minister, a manager appointed under subsection (1)

(a) has the exclusive right to exercise all the powers and authority of the health corporation and its board or the board of the facility;

(b) shall carry out all the responsibilities and duties of the health corporation and its board or the board of the facility; and

(c) shall be paid out of the funds of the health corporation, the remuneration and expenses determined by the minister.

Minister may require reports

56.1(3)

Upon the appointment of a manager under subsection (1), the minister may from time to time require that the manager provide to the minister any or all of the information referred to in subsection 29(1).

Limitation on powers

56.1(4)

The powers of the manager appointed under subsection (1) do not include the power of the health corporation and its board or the board of the facility to sell, transfer pursuant to section 46, encumber or otherwise dispose of the property or operation of the health corporation or the facility.

Powers of directors suspended

56.1(5)

Subject to subsections (4) and (6) and unless the order under subsection (1) provides otherwise, on the appointment of an interim manager, the powers of the directors on the board of the health corporation are suspended and the directors shall cease to perform any duties or exercise any powers assigned to them under this or any other Act or regulation.

Directors may continue to act

56.1(6)

If, pursuant to the order under subsection (1), some or all of the directors continue to have the right to act with respect to any matter, any such act of the directors is valid only if approved by the minister.

Directors to assist manager

56.1(7)

Where a manager is appointed under subsection (1), the directors or former directors on the board of the health corporation shall

(a) immediately deliver to the manager all funds, and all books, records and documents respecting the management and activities of the health corporation; and

(b) provide the manager with all information and assistance required to enable the manager to carry out and exercise the manager's responsibilities, duties and powers.

Termination of appointment of interim manager

56.1(8)

If in the opinion of the minister, an interim manager is no longer required for a facility, the minister may terminate the appointment of the manager on such terms and conditions as the minister considers advisable including the provision of assurances from the health corporation

(a) as to the funding of existing and future liabilities of the health corporation; and

(b) that the conditions which necessitated the appointment of an interim manager could and would be avoided in the future.

S.M. 1997, c. 41, s. 14; S.M. 2001, c. 44, s. 3; S.M. 2006, c. 14, s. 116; S.M. 2021, c. 15, s. 68.

57

[Repealed]

S.M. 2021, c. 15, s. 69.

Protection from liability

58

No action for damages or other proceedings lie or may be brought personally against

(a) a director of a health authority or a person acting on the instructions of a director;

(b) an official administrator appointed under section 52, a person appointed to wind up a regional health authority under section 53, or any person acting on their instructions;

(c) a commissioner appointed under Part 6; or

(d) any other person acting under the authority of, or engaged in the administration or enforcement of, this Act;

for anything done or omitted in good faith in the performance or exercise, or intended performance or exercise, of any duty or power under this Act, or for any neglect or default in the performance or exercise, or intended performance or exercise, in good faith of a duty or power under this Act.

S.M. 2021, c. 15, s. 70.

Regulations by Lieutenant Governor in Council

59

The Lieutenant Governor in Council may make regulations

(a) defining words and phrases that are used in this Act but are not defined in this Act;

(b) prescribing bodies corporate for the purposes of the definition "health corporation";

(c) prescribing other goods and services for the purposes of the definition "health services";

(d) prescribing provisions of The Corporations Act which apply to health authorities;

(e) prescribing the number of directors to be appointed to the board of a health authority;

(f) respecting the appointment of directors to the board of a health authority, including but not limited to nomination procedures;

(g) [repealed] S.M. 2021, c. 15, s. 71;

(h) prescribing a quorum for a board of a health authority under section 20;

(i) authorizing the charging of fees for health services, or categories of health services, directly to the person who received the health services, including but not limited to

(i) specifying who may charge and collect such fees, and

(ii) fixing, or setting the method of calculating, the fees which may be charged;

(j) respecting the establishment of charitable foundations by health authorities, including but not limited to the functions, powers and duties of foundations;

(k) respecting the funding of health authorities, including but not limited to

(i) the manner of determining funding to health authorities,

(ii) the allocation of funds,

(iii) advances and the recovery of overpayments;

(k.1) prescribing health care organizations to which Division 3.1 of Part 4 (funding agreements) applies;

(k.2) regulating, prohibiting or restricting a health authority's use, transfer, disposition, allocation or encumbrance of

(i) its surplus operating funds, or

(ii) funds derived from the operation of an ancillary service provided by the authority;

(k.3) for the purpose of clause (h) of the definition "compensation" in section 51.1, prescribing any other payment or benefit;

(l) respecting the borrowing and investment powers of health authorities and health corporations, including but not limited to restrictions on borrowing and investment;

(m) respecting the issuing of securities by health authorities and health corporations;

(n) respecting capital projects undertaken or approved by a health authority;

(o) respecting capital expenditures by or approved by health authorities;

(p) respecting any transitional or other problems resulting from

(i) the establishment, designation or variation of a health authority or health region under this Act,

(ii) the amalgamation of regional health authorities under Division 5 of Part 4 of this Act, or

(iii) the winding-up of the affairs of a regional health authority which is disestablished under section 53;

(p.1) respecting the obligations of health authorities in relation to the provision of health services in the French language, including without limitation, the designation of those health authorities which must fulfill the obligations;

(p.2) respecting critical incidents for the purpose of Part 4.1, including

(i) prescribing health care organizations for the purpose of the Part,

(ii) respecting the persons who are to receive information and records under subsection 53.2(3) on behalf of an individual who lacks capacity or is deceased, and

(iii) designating prescribed health care organizations for the purpose of subsection 53.3(6);

(q) prescribing any matter or thing that may be or is to be prescribed under this Act;

(r) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable.

S.M. 1997, c. 41, s. 15; S.M. 2005, c. 24, s. 3; S.M. 2012, c. 8, s. 13; S.M. 2021, c. 15, s. 71.

Regulations by minister

60

The minister may make regulations

(a) specifying functions to be performed by a health authority in addition to the functions assigned to it under this Act;

(b) prescribing standards for the provision of health services and the operation of facilities;

(b.1) [repealed] S.M. 2021, c. 15, s. 72;

(c) respecting the monitoring and enforcement of standards and of compliance with this Act;

(c.1) respecting requirements for health authorities, health corporations and health care organizations to make periodic public reports about matters relating to the quality of health services provided and patient safety, including,

(i) indicators of the quality of health services provided or funded by the health authority, health corporation or health care organization, and

(ii) activities relating to patient safety undertaken by the health authority, health corporation or health care organization;

(d) respecting the annual public meeting of a health authority, including but not limited to specifying when the meeting is to be held, notice requirements, matters to be dealt with and procedures to be followed;

(e) respecting the acquisition and disposal of personal property by a health authority;

(e.1) [repealed] S.M. 2021, c. 15, s. 72;

(f) respecting the power of a health authority to deliver or provide for the delivery of additional health services under section 26;

(f.1) for the purpose of section 28.2 or subclause 54(1)(d.1)(ii), defining the terms "equipment" and "computer or telecommunications software or equipment", unless they are defined by regulation under clause 59(a);

(f.2) specifying software or equipment that is exempt from section 28.2 or subclause 54(1)(d.1)(ii);

(f.3) respecting the circumstances when the minister's approval under section 28.2 is not required;

(f.4) respecting the circumstances when a health authority's approval under subclause 54(1)(d.1)(ii) is not required or when a health authority is not required to seek the minister's prior approval under subsection 54(2);

(g) respecting agreements between health authorities and health care organizations, health care providers, health corporations and other persons;

(h) requiring books, registers, accounts, files and records to be kept by health authorities;

(h.1) respecting the obligation of a health authority under section 38.1 to publish on its website information about expenses paid, including prescribing details that must be published in relation to claims for which expenses were paid;

(i) respecting reporting requirements by a health authority to the minister;

(j) [repealed] S.M. 2012, c. 8, s. 14;

(k) respecting advisory committees, including but not limited to service provider advisory committees;

(l) respecting conflicts of interest for directors, officers and employees of health authorities, including but not limited to

(i) prescribing those things which constitute a conflict of interest, and

(ii) requiring health authorities to make by-laws respecting conflicts of interest and respecting the contents of those by-laws;

(m) respecting reporting requirements by a health care organization, health corporation or other person in receipt of payments or funding from a health authority to the health authority;

(n) establishing a procedure to mediate and resolve disputes between a health authority and a health care organization, health care provider, health corporation or other person;

(o) respecting confidentiality requirements to be observed by a person with respect to information obtained in the administration of this Act or in providing health services under this Act;

(p) respecting information management, including but not limited to

(i) information technology and systems to be used by a health authority and the standards that such technology and systems must meet, and

(ii) the retention, storage, transmission and destruction of all clinical, administrative and other records, in whatever form, by a health authority or any other person;

(q) respecting the sharing of personal health information and other information between a trustee, as defined in The Personal Health Information Act, and the minister, or between trustees, to resolve concerns, including complaints;

(r) designating senior officers or classes of senior officers for the purpose of section 38.1 or Division 5.1 of Part 4;

(s) designating health care organizations for the purpose of Division 5.1 of Part 4.

S.M. 2001, c. 44, s. 4; S.M. 2011, c. 28, s. 10; S.M. 2011, c. 45, s. 3; S.M. 2012, c. 8, s. 14 and 15; S.M. 2021, c. 15, s. 72.

Regulations may create categories

61(1)

The power to make regulations under this Act in relation to any person, matter or thing includes the power to create categories of those persons, matters or things and to make different regulations for each of those categories.

Regulations may incorporate by reference

61(2)

A regulation made under this Act may incorporate, by reference or otherwise, the provisions of any other Act or regulation.

PART 6

TRANSITIONAL PROVISIONS
RESPECTING EMPLOYEES

62 to 77

[Repealed on April 1, 2002, by section 79]

Transfer of employees

78(1)

The Lieutenant Governor in Council may transfer employees of the government to a health authority and cause them to become employees of the health authority.

Application of Civil Service Superannuation Act

78(2)

The Lieutenant Governor in Council may, by regulation, designate employees transferred to the employ of a health authority under subsection (1) as employees within the meaning of The Civil Service Superannuation Act.

Status of transferred employees

78(3)

For the purposes of The Civil Service Superannuation Act, a health authority is an agency of the government and that Act may be made to apply to all or some of the employees of the health authority as though the health authority was an agency of the government.

Application of Labour Relations Act

78(4)

For the purposes of this section, section 59 of The Labour Relations Act relating to common control or direction of associated or related activities or businesses does not apply to a health authority or to the Crown in right of Manitoba.

S.M. 1997, c. 41, s. 16; S.M. 2021, c. 11, s. 125; S.M. 2021, c. 15, s. 73.

79

[Repealed]

S.M. 1997, c. 41, s. 17.

PART 6.1

TRANSITIONAL PROVISIONS RESPECTING
HEALTH AUTHORITIES

PROVINCIAL HEALTH AUTHORITY

Continuation of Shared Health

79.1

On the coming into force of this section,

(a) Shared Health Inc., a corporation incorporated under The Corporations Act, is continued under this Act under the name "Shared Health" and designated as the provincial health authority; and

(b) a director or chairperson of Shared Health's board of directors is deemed to be a first director or chairperson, as the case may be, of the provincial health authority as if they were appointed under section 15 and continues to hold office until their successor is appointed in accordance with section 14.

S.M. 2021, c. 15, s. 74.

79.2 and 79.3    [Not yet proclaimed]

HOSPITALS AND
MENTAL HEALTH FACILITIES

Hospital licences, by-laws, etc.

79.4(1)

On the coming into force of this section,

(a) every licence issued under The Hospitals Act is hereby cancelled; and

(b) any by-law, regulation or rule made by a health corporation under section 5 of The Hospitals Act in its capacity as the operator of a hospital continues until it is varied, repealed or replaced.

Standards committees continued

79.4(2)

On the coming into force of this section,

(a) a standards committee established under section 24 of The Hospitals Act or section 116 of The Mental Health Act is continued as a standards committee under section 23.1 of this Act;

(b) any member of the committee continues to be a member until their appointment expires or is revoked; and

(c) any terms of reference of the committee continue, with necessary changes, until they are amended, repealed or replaced in accordance with this Act.

S.M. 2021, c. 15, s. 74.

Regulations — transitional matters

79.5(1)

The Lieutenant Governor in Council may make regulations to remedy any difficulty, inconsistency or impossibility resulting from this Part.

Retroactivity

79.5(2)

A regulation made under subsection (1) may be made retroactive to the extent set out in the regulation.

S.M. 2021, c. 15, s. 74.

PART 7

CONSEQUENTIAL AMENDMENTS
AND COMING INTO FORCE

80 to 86

NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts.

C.C.S.M. reference

87

This Act may be referred to as chapter H26.5 of the Continuing Consolidation of the Statutes of Manitoba.

S.M. 2021, c. 15, s. 75.

88

[Repealed]

S.M. 2021, c. 15, s. 76.

NOTE: Part 6 of S.M. 1996, c. 53, came into force on royal assent, on November 19, 1996.

NOTE: S.M. 1996, c. 53, except Part 6, came into force on April 1, 1997.