Acts and Regulations

H-6.1 - Hospital Act

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Document at 2 August 2015
CHAPTER H-6.1
Hospital Act
Assented to May 20, 1992
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1In this Act
“admission” includes the admission of a patient for out-patient services;(admission)
“building service equipment” means equipment added to a building in order to heat, light, ventilate or otherwise render it serviceable, but which is not an integral part of the building itself and which may have a normal useful life that is different from that of the building to which it is attached;(installation matérielle des bâtiments)
“extra-mural services” Repealed: 2002, c.1, s.9
“hospital corporation” Repealed: 2002, c.1, s.9
“hospital services” Repealed: 2002, c.1, s.9
“Minister” means the Minister of Health and includes persons designated by the Minister under section 34 to act on the Minister’s behalf;(Ministre)
“patient” means a person who receives hospital services from a regional health authority;(patient)
“regional health authority” means a regional health authority as established under the Regional Health Authorities Act.(régie régionale de la santé)
1996, c.56, s.1; 2000, c.26, s.156; 2002, c.1, s.9; 2006, c.16, s.84; 2008, c.29, s.3
Repealed
2Repealed: 2002, c.R-5.05, s.73
2002, c.R-5.05, s.73
Repealed
3Repealed: 2002, c.R-5.05, s.73
2002, c.R-5.05, s.73
Repealed
4Repealed: 2002, c.R-5.05, s.73
2002, c.R-5.05, s.73
Repealed
5Repealed: 2002, c.R-5.05, s.73
2002, c.R-5.05, s.73
Repealed
6Repealed: 2002, c.R-5.05, s.73
2002, c.R-5.05, s.73
Repealed
7Repealed: 2002, c.R-5.05, s.73
2002, c.R-5.05, s.73
Repealed
8Repealed: 2002, c.R-5.05, s.73
2002, c.R-5.05, s.73
Repealed
9Repealed: 2002, c.R-5.05, s.73
2002, c.R-5.05, s.73
Repealed
10Repealed: 2002, c.1, s.9
1996, c.56, s.2; 2002, c.1, s.9
Repealed
11Repealed: 2002, c.1, s.9
2002, c.1, s.9
Repealed
12Repealed: 2002, c.1, s.9
2002, c.1, s.9
Repealed
13Repealed: 2002, c.1, s.9
2002, c.1, s.9
By-laws
14Repealed: 2002, c.1, s.9
2002, c.1, s.9
Repealed
15Repealed: 2002, c.1, s.9
2002, c.1, s.9
Advisory committees
15.1(1)There shall be an advisory committee for each hospital facility that is owned in whole or in part by a religious order and that is operated by a regional health authority.
15.1(2)The members of an advisory committee referred to in subsection (1) shall be appointed by and report to the religious order that owns the hospital facility in whole or in part.
15.1(3)The purpose of an advisory committee is to ensure the preservation of the religious philosophy, values and mission associated with the hospital facility.
15.1(4)An advisory committee may
(a) prescribe for the hospital facility a statement respecting the philosophy, values and mission to be associated with the delivery of hospital services at the hospital facility,
(b) determine the mission programs and services essential to fulfil the mission set out in the statement prescribed under paragraph (a),
(c) monitor compliance with the statement prescribed under paragraph (a) and the mission programs and services determined under paragraph (b), and
(d) do such additional things as are prescribed by regulation.
15.1(5)The philosophy, values and mission set out in a statement prescribed under subsection (4) and the mission programs and services determined under subsection (4) shall not conflict with the parameters established and the directions issued by the Minister in relation to the planning, organization, management and delivery of hospital services by regional health authorities.
15.1(6)The Minister shall not, in relation to a hospital facility for which there is an advisory committee, approve the delivery of hospital services that conflict with the philosophy, values and mission set out in a statement prescribed under subsection (4).
1993, c.63, s.1; 2002, c.1, s.9
Restrictions in relation to hospital facilities and real property used for hospital purposes
16(1)Notwithstanding any other Act of the Legislature, or any articles of incorporation or letters patent, no person other than a regional health authority shall establish, operate or maintain a hospital facility in the Province.
16(2)A regional health authority shall not establish, operate or maintain a hospital facility without the prior written approval of the Minister.
16(3)A regional health authority shall not use a building or other premises or place as a hospital facility without the prior written approval of the Minister.
16(4)Repealed: 2002, c.1, s.9
16(5)Repealed: 2002, c.1, s.9
2002, c.1, s.9
Repealed
17Repealed: 2002, c.1, s.9
2002, c.1, s.9
Repealed
18Repealed: 2002, c.1, s.9
2002, c.1, s.9
Repealed
19Repealed: 2002, c.1, s.9
2002, c.1, s.9
Admission
20(1)Subject to subsections (2) and (3), a regional health authority shall not refuse to admit a person as a patient to a hospital facility operated by it, if the person, from sickness, disease, injury or other cause, requires hospital services.
20(2)A regional health authority may refuse to admit a person as a patient if the person’s life is not endangered by the refusal and if, in the opinion of the chief executive officer of the regional health authority, or of the senior administrative officer of a hospital facility operated or maintained by the regional health authority, based on competent medical advice,
(a) the condition of the person is such that the person does not require hospital services,
(b) the regional health authority or the hospital facility does not provide the hospital services required,
(c) the services of the regional health authority or hospital facility and condition of the person are such that the hospital services required could be more effectively provided at a later date, or
(d) the condition of the person is such that the services required could be provided as effectively without admission.
20(3)A regional health authority may refuse to admit a person as a patient if the person’s life is not endangered by the refusal and if the hospital services required by the person are not entitled services under the Hospital Services Act.
2002, c.1, s.9; 2008, c.29, s.3
Death of indigent person
21If a patient who is an indigent person, or the dependant of an indigent person, dies in a hospital facility, the Minister of Social Development shall pay to the regional health authority, in accordance with the regulations, any expenses of burial incurred by the regional health authority.
1994, c.59, s.6; 2000, c.26, s.156; 2002, c.1, s.9; 2008, c.6, s.26; 2008, c.29, s.3
Repealed
22Repealed: 2002, c.1, s.9
2002, c.1, s.9
Repealed
23Repealed: 2002, c.1, s.9
2002, c.1, s.9
Records
24(1)A regional health authority shall maintain a record for each patient in accordance with the regulations.
24(2)Repealed: 2002, c.1, s.9
2002, c.1, s.9; 2008, c.29, s.3
Repealed
25Repealed: 2002, c.1, s.9
2002, c.1, s.9
Hospital facility is destroyed or damaged
26(1)Repealed: 2002, c.1, s.9
26(2)Repealed: 2002, c.1, s.9
26(3)Repealed: 2002, c.1, s.9
26(4)Repealed: 2002, c.1, s.9
26(5)Repealed: 2002, c.1, s.9
26(6)Repealed: 2002, c.1, s.9
26(7)If a hospital facility not owned by the Province is destroyed or significantly damaged, it shall not be replaced or repaired except as a hospital facility totally owned by the Province.
2002, c.1, s.9
Repealed
27Repealed: 2002, c.1, s.9
2002, c.1, s.9
Repealed
28Repealed: 2002, c.1, s.9
2002, c.1, s.9
Repealed
29Repealed: 2002, c.1, s.9
2002, c.1, s.9
Hospital facilities no longer used as hospital facilities
30(1)If an existing hospital facility ceases to be used as a hospital facility and is replaced by a hospital facility owned by the Province, effective on the date the existing hospital facility ceases to be used as a hospital facility
(a) all property, except property referred to in paragraph (b), and all debts and liabilities associated with the existing hospital facility are, without further action, transferred to and vested in the regional health authority that will be responsible for the operation and maintenance of the hospital facility owned by the Province, and
(b) the existing hospital facility, including all land, buildings, building service equipment, staff residences and other facilities associated with the existing hospital facility, are, without further action, transferred to and vested in the Minister of Transportation and Infrastructure as a representative of the Crown in right of the Province.
30(2)If an existing hospital facility owned by the Province ceases to be used as a hospital facility and is not replaced by another hospital facility, effective on the date the existing hospital facility ceases to be used as a hospital facility
(a) all property, except property referred to in paragraph (b), and all debts and liabilities associated with the existing hospital facility are, without further action, transferred to and vested in the Minister as a representative of the Crown in right of the Province, and
(b) the existing hospital facility, including all land, buildings, building service equipment, staff residences and other facilities associated with the existing hospital facility, are, without further action, transferred to and vested in the Minister of Transportation and Infrastructure as a representative of the Crown in right of the Province.
30(3)If an existing hospital facility not owned by the Province ceases to be used as a hospital facility and is not replaced by another hospital facility, effective on the date the existing hospital facility ceases to be used as a hospital facility
(a) all property supplied in relation to the existing hospital facility by the Province is, without further action, transferred to and vested in the Minister as a representative of the Crown in right of the Province, and the Minister has the right to remove the property, and
(b) the Minister of Transportation and Infrastructure as a representative of the Crown in right of the Province has the right of first refusal to purchase the existing hospital facility, including all land, buildings, building service equipment, staff residences and other facilities associated with the existing hospital facility.
30(4)For the purposes of this section, the date on which a hospital facility ceases to be used as a hospital facility is the date determined by the Lieutenant-Governor in Council.
30(5)Paragraphs (1)(b), (2)(b) and (3)(b) do not apply unless the order-in-council determining the date the existing hospital facility ceases to be used as a hospital facility states that they apply.
30(6)An order-in-council issued under this section is not a regulation within the meaning of the Regulations Act.
2002, c.1, s.9; 2010, c.31, s.74
Prohibition in relation to actions, applications and other proceedings
31(1)Subject to section 32, no action, application or other proceeding lies or shall be instituted against the Minister or the Crown in right of the Province in respect of the transfer and vesting of rights, powers, privileges, franchises, entitlements, debts, obligations, liabilities, duties, responsibilities, property or interests in property by this Act or the regulations.
31(2)Without restricting the generality of subsection (1), no action, application or other proceeding for dismissal, whether express, implied or constructive, lies or shall be instituted against the Minister or the Crown in right of the Province in respect of any transfer or vesting of rights, powers, privileges, franchises, entitlements, debts, obligations, liabilities, duties or responsibilities by this Act or the regulations.
31(3)Nothing in subsections (1) and (2) affects any right or remedy an employee has under a collective agreement, an Act of the Legislature, regulations under an Act of the Legislature, or the common law.
Act supersedes Expropriation Act
32(1)This Act and the regulations supersede the Expropriation Act.
32(2)The Minister, in relation to property transferred to and vested in a body corporate, the Minister or the Minister of Transportation and Infrastructure by this Act or the regulations, may provide compensation that, in the opinion of the Minister, fairly reflects, subject to subsection (3), the value of an owner’s interest in or contribution to the property.
32(3)In determining the compensation to be provided under this section, the value of contributions by the Province to the property shall be set off against a claim for compensation.
32(4)A person who claims to be entitled to compensation under this section shall deliver to the Minister a written claim setting out full particulars of the claim and of the person’s right and title to compensation.
32(5)If the Minister does not agree with the compensation claimed under subsection (4), the Minister shall offer in writing the amount the Minister considers to fairly reflect, subject to subsection (3), the value of the person’s interest in or contribution to the property and at the same time give notice to the person that, if the amount of the offer is not accepted, the matter will be submitted to arbitration.
32(6)If an offer of the Minister under subsection (5) is not accepted within the period of time fixed by the Minister in the written offer, or within such further time as is agreed to by the Minister and the person claiming compensation, the Minister or the person claiming compensation may submit the matter of compensation to arbitration.
32(7)If the Minister or the person claiming compensation submits the matter of compensation to arbitration, the Minister and the person shall be deemed to have entered into a written arbitration agreement and the Arbitration Act applies.
2010, c.31, s.74
Offences and penalties
33(1)A person who violates or fails to comply with any provision of the regulations commits an offence.
33(2)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
33(3)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
Administration of Act and regulations
34(1)The Minister is responsible for the administration of this Act and the regulations.
34(2)The Minister may designate persons to act on behalf of the Minister for the purposes of this Act and the regulations.
34(3)Repealed: 2002, c.1, s.9
34(4)The Minister may make an approval given by the Minister under this Act or the regulations subject to such terms and conditions as the Minister considers appropriate.
34(5)The Minister may suspend or revoke an approval given under this Act or the regulations.
34(6)Repealed: 2002, c.1, s.9
1993, c.63, s.2; 2002, c.1, s.9
Regulations
35(1)The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2002, c.1, s.9
(b) Repealed: 2002, c.1, s.9
(c) Repealed: 2002, c.1, s.9
(d) Repealed: 2002, c.1, s.9
(e) Repealed: 2002, c.1, s.9
(f) Repealed: 2002, c.1, s.9
(g) Repealed: 2002, c.1, s.9
(h) Repealed: 2002, c.1, s.9
(i) Repealed: 2002, c.1, s.9
(i.1) respecting the number of members for the advisory committees referred to in subsection 15.1(1);
(i.2) respecting the designation of chairpersons for the advisory committees referred to in subsection 15.1(1), and the payment of honorariums to the chairpersons;
(i.3) respecting the reimbursement of the members of the advisory committees referred to in subsection 15.1(1) for expenses incurred by them as members of the advisory committees;
(i.4) respecting the reimbursement of the advisory committees referred to in subsection 15.1(1) for expenses incurred by the advisory committees in exercising their powers and carrying out their duties under this Act and the regulations;
(i.5) authorizing the Minister to establish guidelines
(i) for the payment of honorariums to the chairpersons of the advisory committees referred to in subsection 15.1(1), and
(ii) for the reimbursement of the advisory committees referred to in subsection 15.1(1) and the members of those committees for the expenses referred to in paragraphs (i.3) and (i.4);
(i.6) prescribing additional powers and duties for the advisory committees referred to in subsection 15.1(1);
(i.7) respecting access by the advisory committees referred to in subsection 15.1(1) to regional health authority personnel and to regional health authority and hospital facility records for purposes directly related to the powers and duties of the advisory committees under this Act and the regulations;
(j) Repealed: 2002, c.1, s.9
(k) respecting the establishment, construction, alteration, operation, maintenance and repair of hospital facilities;
(l) respecting equipment in hospital facilities;
(m) respecting safety in hospital facilities;
(n) respecting the classification and grading of hospital facilities;
(o) respecting standards for hospital facilities and hospital services;
(p) respecting the inspection, control, government, management, conduct, operation and use of hospital facilities;
(p.1) respecting the appointment, powers, privileges and duties of officers, chief executive officers, medical staff and other staff and employees of regional health authorities,
(q) respecting the admission, care, conduct and discharge of patients or any class of patients;
(r) respecting the classification of patients;
(s) respecting records to be maintained for patients, including the contents of the records, the preparation, maintenance, storage, removal and destruction of the records and the confidentiality and disclosure of the records;
(t) Repealed: 2002, c.1, s.9
(u) Repealed: 2002, c.1, s.9
(v) Repealed: 2002, c.1, s.9
(w) Repealed: 2002, c.1, s.9
(x) requiring the board of directors of a regional health authority to include in the bylaws of the regional health authority provisions specified by the Minister to ensure the preservation in a hospital facility owned in whole or in part by a religious order of the philosophy, values and mission that have been associated with the delivery of hospital services in that hospital facility;
(y) defining words and expressions used but not defined in this Act;
(z) transferring to and vesting, without further action, in the Minister of Transportation and Infrastructure, as a representative of the Crown in right of the Province, for use as or for the purposes of hospital facilities any land, building or building service equipment that is not owned by the Province and that is used for or in connection with or that relates to hospital facilities or hospital services, or that is associated with the establishment, operation or maintenance of a hospital facility;
(aa) exempting, subject to such terms and conditions as may be established in the regulations, any person, regional health authority or hospital facility from the application of this Act and the regulations, or from the application of any provision of this Act or the regulations.
35(2)The Lieutenant-Governor in Council may declare, for such time or times as the Lieutenant-Governor in Council considers appropriate, all or any of the regulations to be in force with respect only to
(a) any one or more regional health authorities or hospital facilities,
(b) any one or more classes of hospital facilities.
1993, c.63, s.3; 2002, c.1, s.9; 2002, c.23, s.5; 2008, c.29, s.3; 2010, c.31, s.74
Repealed
36Repealed: 2002, c.1, s.9
2002, c.1, s.9
Repealed
37Repealed: 2002, c.1, s.9
2002, c.1, s.9
Repealed
38Repealed: 2002, c.1, s.9
2002, c.1, s.9
Repealed
39Repealed: 2002, c.1, s.9
2002, c.1, s.9
SCHEDULE A
Column I
Section
Column II
Category of Offence
 
  16(1)..............
E
2002, c.1, s.9
N.B. This Act is consolidated to December 17, 2010.