Acts and Regulations

2011, c.217 - Regional Health Authorities Act

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Document at 17 July 2017
2011, c.217
Regional Health Authorities Act
Deposited May 13, 2011
1
INTERPRETATION
Definitions
1The following definitions apply in this Act.
“addiction services” means prevention, treatment or rehabilitation services provided to a patient affected by a drug, alcohol or gambling dependency. (services de toxicomanie)
“board” means a board of directors of a regional health authority. (conseil)
“community health centre” means a place in which community health services are delivered or provided. (centre de santé communautaire)
“community health services” means medical services and nursing or nurse practitioner services, and may include any other health services prescribed by regulation. (services de santé communautaires)
“extra-mural services” means acute, long term, rehabilitative or palliative care provided to a patient at the patient’s place of residence, place of work or other place in a community. (services extra-muraux)
“facility” means a building or premises in or from which health services are provided. (établissement)
“health region” means a health region established under section 15. (région de la santé)
“health services” means hospital services, addiction services, mental health services, public health services, extra-mural services and community health services. (services de santé)
“Minister” means the Minister of Health and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“patient” means a person who receives health services from a regional health authority. (patient)
“provincial health plan” means the provincial health plan established or amended by the Minister under section 6. (plan provincial de la santé)
“public health services” means services provided to patients or members of the public through programs relating to sexuality, healthy lifestyles and immunization, and includes any other services that may be prescribed by regulation. (services de santé publique)
“regional health authority” means a regional health authority established under section 16. (régie régionale de la santé)
“regional health and business plan” means a plan approved or amended under section 32. (plan régional de la santé et d’affaires)
2002, c.R-5.05, s.1; 2002, c.40, s.1; 2004, c.16, s.3; 2006, c.16, s.159; 2008, c.29, s.9
Purpose
2The purpose of this Act is to establish regional health authorities with responsibility for providing for the delivery of health services in and for administering health services in specified geographic areas and, when authorized, in other areas of the Province.
2002, c.R-5.05, s.2
Conflict
3If there is a conflict between this Act or the regulations and the Hospital Act or regulations under that Act, the provisions of this Act and the regulations prevail.
2002, c.R-5.05, s.3
2
POWERS AND DUTIES OF THE MINISTER
Administration
4The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
2002, c.R-5.05, s.4
Delegation by Minister
5The Minister may delegate, in writing, any authority, power, duty or function conferred or imposed on the Minister under this Act to a regional health authority.
2002, c.R-5.05, s.5
Provincial health plan
6(1)The Minister shall establish, and may amend, a provincial health plan, which shall include
(a) the principles on which the provision of health services in the Province are to be based,
(b) the provincial objectives and priorities for the provision of health services in the Province or areas of the Province,
(c) the health services to be provided or made available by a regional health authority within its region and, if applicable, outside of its region,
(d) the health services to be acquired by the Minister from outside the Province,
(e) the provincial programs for the provision of health services in the Province,
(f) the nature and scope of any basic or applied research initiatives that are to be conducted in relation to health care and health services,
(g) the programs for training of persons in the medical and other health professions, including practice settings for the training of health professionals,
(h) the policy framework, parameters and standards for the consolidation of clinical and non-clinical services provided by regional health authorities,
(i) a comprehensive financial plan that includes a statement of how material and human resources, including but not limited to financial resources, are to be allocated to meet the provincial health plan, and
(j) any other matter prescribed by regulation.
6(2)When establishing or amending the provincial health plan, the Minister shall have regard to the requirements of the Hospital Services Act.
6(3)The Minister shall consult with every regional health authority when preparing the provincial health plan and when amending the provincial health plan.
2002, c.R-5.05, s.6
Accountability framework
7(1)The Minister shall establish an accountability framework that describes the roles of the Minister and other government ministers and the regional health authorities, and that specifies the responsibilities each has towards the other within the provincial health system.
7(2)The Minister shall consult with every regional health authority when establishing an accountability framework.
2002, c.R-5.05, s.7
Minister may give directions
8(1)The Minister may give directions to a regional health authority for the purpose of
(a) implementing the provincial health plan,
(b) providing priorities and guidelines for a regional health authority to follow in carrying out and exercising its responsibilities, duties and powers, and
(c) coordinating the work of the regional health authorities with each other and with the programs, policies and work of the government and other persons in the provision of health services.
8(2)The Minister may establish parameters and give directions to a regional health authority in relation to the planning, organization, management and delivery of health services by the regional health authority.
2002, c.R-5.05, s.8
Minister may establish performance targets
9The Minister may establish performance targets for a regional health authority with respect to
(a) its development as an organization,
(b) its financial management,
(c) ensuring access to the health services provided by the regional health authority,
(d) achieving satisfactory patient outcomes,
(e) the level of patient satisfaction with the services provided by the regional health authority, and
(f) any other matter prescribed by regulation.
2002, c.R-5.05, s.9
Provincial standards for health services
10The Minister may establish provincial standards for the provision of health services in the Province and regions of the Province and with respect to the quality of health services provided.
2002, c.R-5.05, s.10
Health services provided by the Minister
11Despite any provision of this or any other Act, if the Minister considers it in the public interest to do so, the Minister may
(a) provide or arrange for the provision of health services in an area of the Province, or outside the Province, whether or not the services are being provided by a regional health authority, and
(b) may do any other thing that the Minister considers necessary to ensure the provision of health services in the Province.
2002, c.R-5.05, s.11
Approval by Minister
12(1)The Minister may make an approval given by the Minister under this Act or the regulations subject to the terms and conditions that the Minister considers appropriate.
12(2)The Minister may suspend or revoke an approval given under this Act or the regulations.
2002, c.R-5.05, s.12
Agreements by Minister
13The Minister may enter into, and amend, agreements for the purposes of this Act with
(a) the government of Canada or of another province, territory or jurisdiction,
(b) a department, agency or body under the jurisdiction of the government of Canada or of another province, territory or jurisdiction,
(c) a band council as defined in the Indian Act (Canada),
(d) a regional health authority,
(e) a municipality or rural community, or
(f) or any other person or group of persons.
2002, c.R-5.05, s.13; 2005, c.7, s.74
Designation of university hospital centres
14On application by a regional health authority, the Minister may designate hospitals as university hospital centres or affiliated university hospital centres.
2010, c.30, s.1
3
REGIONAL HEALTH AUTHORITIES
Division A
Establishment of health regions and regional health authorities
Establishment of health regions
15(1)The regions described and named in Schedule A are established as health regions for the purposes of this Act.
15(2)The Lieutenant-Governor in Council may vary the boundaries of a health region by regulation.
2002, c.R-5.05, s.15
Establishment of regional health authorities
16There are established the following regional health authorities for the health regions listed below:
(a) a regional health authority for Health Region A to be known as Regional Health Authority A/Régie régionale de la santé A;
(b) a regional health authority for Health Region B to be known as Regional Health Authority B/Régie régionale de la santé B.
2002, c.R-5.05, s.16; 2008, c.7, s.5
Legal status of regional health authority
17A regional health authority is a body corporate and, subject to this Act and the regulations, has all the rights, powers and privileges of a natural person of full capacity for the purposes of carrying out and exercising its responsibilities, duties and powers under this Act.
2002, c.R-5.05, s.17
Non-profit body corporate
18A regional health authority is established to operate exclusively as a body corporate without share capital, and no part of the income or property of a regional health authority shall be paid to, or otherwise be made available for, the personal benefit of any director of the authority.
2002, c.R-5.05, s.18
Language and health services
19(1)Regional Health Authority A/Régie régionale de la santé A shall operate in French and Regional Health Authority B/Régie régionale de la santé B shall operate in English.
19(2)Despite subsection (1), a regional health authority shall
(a) respect the language of daily operations of the facilities under its responsibility, and
(b) provide health services to members of the public in the official language of their choice through the regional health authority’s network of health establishments, facilities and programs.
19(3)Each regional health authority has the responsibility to improve the delivery of health services in the French language.
2010, c.30, s.1
Division B
Structure and administration
Board of regional health authority
20(1) The business and affairs of a regional health authority shall be controlled and managed by a board consisting of the following persons:
(a) fifteen voting members:
(i) seven members appointed by the Minister, and
(ii) eight elected members; and
(b) three non-voting members:
(i) the chief executive officer appointed under section 26,
(ii) the chairperson of the professional advisory committee, and
(iii) the chairperson of the medical advisory committee.
20(1.1)In making appointments under subparagraph (1)(a)(i), the Minister shall determine the competencies necessary to fulfil the mandate of the board and shall have regard to gender, representation from urban and rural areas, aboriginal representation and the overriding interests of the official linguistic communities.
20(1.2) The Municipal Electoral Officer under the Municipal Elections Act shall exercise general direction and supervision over the administrative conduct of elections held under this Act.
20(2)A member appointed under subparagraph (1)(a)(i) shall hold office at the pleasure of the Minister for a term of four years and the term may be renewed.
20(3)A majority of the voting members of the board constitutes a quorum.
20(4)A vacancy on the board does not impair the capacity of the board to act.
20(5)If a vacancy occurs during the term of office of a member referred to in paragraph (1)(a), the person appointed to fill the vacancy shall be appointed to serve the remainder of the term of office of that member.
20(5.1)A member appointed under subsection (5) shall meet the following eligibility criteria:
(a) if the vacancy occurs during the term of office of a member referred to in subparagraph (1)(a)(i), the eligibility criteria prescribed by regulation for an appointed member; and
(b) if the vacancy occurs during the term of office of a member referred to in subparagraph (1)(a)(ii), the eligibility criteria prescribed by regulation for an elected member.
20(5.2)Despite subsection (1), the Minister shall appoint a member who would otherwise be elected under subparagraph (1)(a)(ii) in the circumstances prescribed by regulation.
20(5.3)A member appointed under subsection (5.2) shall be deemed to be an elected member for the purposes of subsection (1).
20(5.4)A member appointed under subsection (5.2) shall meet the eligibility criteria prescribed by regulation for a member elected under subparagraph (1)(a)(ii).
20(5.5)The term of office of a member appointed under subsection (5.2) shall expire on the same date as prescribed by regulation for the term of office of a member elected under subparagraph (1)(a)(ii).
20(6)The chair of the board shall be appointed from among the voting members of the board by the Minister.
20(7)A regional health authority shall pay the members of its board the remuneration and expenses determined by the Lieutenant-Governor in Council.
20(8)A board and its members shall conduct their affairs in the language of operation of the regional health authority.
2002, c.R-5.05, s. 19; 2008, c.7, s.6; 2010, c.30, s.1; 2011, c.55, s.1, s.2; 2011, c.6 (Supp.), s.7
By-laws and policies
21(1)A board shall 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 regional health authority.
21(2)The by-laws made by a board, and all amendments to them, shall be submitted to the Minister for approval in accordance with the procedures established by the Minister.
21(3)A by-law of a board has no force and effect until approved by the Minister.
21(4)A regional health authority shall ensure that its by-laws are available for inspection by members of the public during normal office hours.
2002, c.R-5.05, s.21
Participation at meetings of the board
22(1)A member of the board shall not vote by proxy at a meeting of the board.
22(2)A member of the board may participate in a meeting of the board or of a committee of the board by means of telephone or other communication facilities that permit all persons participating in the meeting to hear each other if
(a) the by-laws of the regional health authority so provide, or
(b) subject to the by-laws, all members of the board consent.
22(3)A member of a board participating in a meeting in accordance with subsection (2) shall be deemed to be present at the meeting.
2002, c.R-5.05, s.22; 2011, c.6 (Supp.), s.8
Meetings of the board to be open to the public, exceptions
23(1)Subject to subsection (2), a board shall hold its meetings open to the public.
23(2)A board may hold a meeting, or a portion of a meeting, in private if, in the board’s opinion, the meeting or portion of the meeting would
(a) reveal information specific to an identifiable individual,
(b) reveal information relating to risk management issues or patient care issues,
(c) prejudice any security measures undertaken by the regional health authority, or
(d) compromise the regional health authority’s effectiveness in carrying out its duties and responsibilities.
2002, c.R-5.05, s.23
Minutes
24(1)A board shall ensure that the minutes of each meeting are recorded.
24(2)When a board holds a meeting, or a portion of a meeting, in private, it shall ensure that the minutes of the meeting indicate the nature of the subject matter to be discussed in private and why the board, in its opinion, considers it necessary to hold the meeting, or portion of the meeting, in private.
24(3)A board shall forward a copy of the adopted minutes of a meeting to the Minister within seven days after the meeting at which the minutes were adopted, and shall provide the Minister with the minutes of any meeting, or portion of the meeting, that was held in private.
24(4)A board shall ensure that the adopted minutes, other than the minutes arising from a meeting, or portion of the meeting, that was held in private, are made available to the public during normal business hours.
2002, c.R-5.05, s.24
Conflict of interest
25(1)A member of a board shall not vote on or speak to a matter before the board if
(a) the member has an interest in the matter, distinct from an interest arising from his or her functions as a member,
(b) the member has a direct or indirect pecuniary interest in the matter,
(c) a parent, spouse, brother, sister or child of the member has an interest in the matter, or
(d) the member is an officer, employee or agent of a corporation or an unincorporated association, or other association of persons that has an interest in the matter.
25(2)When a member is in conflict, the member shall disclose to the board the nature and extent of the interest either in writing or by requesting to have it entered in the minutes of the meeting of the board.
25(3)A member shall disclose a conflict of interest
(a) at the meeting where the matter giving rise to the conflict of interest is considered, or
(b) if the member is not in a conflict of interest at the time described in paragraph (a), at the first meeting that is held after the conflict arises.
2002, c.R-5.05, s.25
Chief executive officer
26The Minister shall appoint a chief executive officer who shall hold office at the pleasure of the Minister and who shall be responsible to the board for the general management and conduct of the affairs of the regional health authority within the policies and directions of the board.
2002, c.R-5.05, s.26; 2006, c.16, s.159; 2008, c.7, s.9; 2011, c.6 (Supp.), s.9
Professional advisory committee
27(1)In accordance with the by-laws, a board shall establish a professional advisory committee to advise the board with respect to
(a) clinical care and health issues,
(b) criteria for admission and discharge of patients,
(c) quality assurance and risk management with respect to the health services delivered by the regional health authority, and
(d) any other issues the board may refer to the committee.
27(2)A professional advisory committee shall consist of not more than 15 members appointed by the board, at least five of whom shall be members of different health professions that are self-regulated under a private Act.
2002, c.R-5.05, s.27
Medical advisory committee
28(1)In accordance with the by-laws, a board shall establish a medical advisory committee
(a) to advise the board with respect to appointments to the medical staff and on privileges of members of the medical staff, and
(b) to investigate, at the request of the board, questions requiring medical judgment and to report to the board.
28(2)Before making appointments to the medical staff of a regional health authority or granting privileges, a board shall request advice from the medical advisory committee as to the appointments to be made and the privileges to be granted.
28(3)A medical advisory committee shall make adequate provision for the supervision of all medical services and dental services provided by a regional health authority.
2002, c.R-5.05, s.28
Division C
Powers, duties and responsibilities of regional health authorities
Responsibilities of regional health authority
29(1)A regional health authority shall provide for the delivery of health services in and shall administer health services in the region for which it is established.
29(2)Despite subsection (1), a regional health authority may deliver health services in another region if it is authorized to do so under its regional health and business plan.
2002, c.R-5.05, s.29
Determination of health needs
30A regional health authority shall
(a) determine the health needs of the population that it serves,
(b) determine the priorities in the provision of health services for the population it serves, and
(c) allocate resources according to the regional health and business plan.
2002, c.R-5.05, s.30
Provision of health services
31A regional health authority may provide health services only if
(a) there is a need for health services,
(b) the services are included in a plan approved by the Minister,
(c) the services are consistent with the provincial health plan, and
(d) sufficient resources are available.
2002, c.R-5.05, s.31
Regional health and business plan
32(1)A regional health authority shall prepare and submit to the Minister, within the time and in the form specified by the Minister, a proposed regional health and business plan that, having regard to the provincial health plan, includes
(a) the principles on which the provision of health services by the regional health authority are to be based,
(b) the objectives and priorities of the regional health authority for the provision of health services to meet the health needs in the health region and, when applicable, to meet the health needs of persons in other parts of the Province,
(c) the health services to be delivered and administered by the regional health authority and where the services are to be provided,
(d) the nature and scope of any basic or applied research initiatives in relation to health care and health services,
(e) the programs for training of persons in the medical and other health professions, including practice settings for the training of health professionals,
(f) the means by which persons outside the region will be able to access the provincial programs for the provision of health services that are delivered by the authority,
(g) the methods by which it will measure its performance in the delivery and administration of health services,
(h) the initiatives respecting the delivery of health services that will involve the spending of money derived from foundations, trusts or other funds over which the regional health authority exercises powers and discharges responsibilities of a fiduciary or other nature,
(i) any commercial arrangements or ventures in which the regional health authority participates or proposes to participate,
(j) a comprehensive financial plan, which shall include
(i) a statement of how human and material resources, including financial resources, will be allocated to meet the objectives and priorities of the regional health authority,
(ii) a statement of how the authority proposes to eliminate or reduce a deficit, if it has one, and
(iii) the details of all investments held by the authority, or on its behalf, and
(k) any other matter prescribed by regulation.
32(2)A regional health authority shall prepare a plan for a period covering three fiscal years and shall review and update the plan each year for the forthcoming three fiscal years.
32(3)The Minister may
(a) approve a proposed regional health plan as submitted, subject to the condition that the approval of the component of the plan that relates to the financial plan shall be only in respect of the forthcoming fiscal year, or
(b) refer a proposed regional health plan back to the regional health authority for further action, with any directions the Minister considers appropriate.
32(4)A proposed regional health plan that is referred back to a regional health authority under paragraph (3)(b) shall be resubmitted as directed by the Minister, and when it is resubmitted, subsection (3) applies.
32(5)A regional health authority shall submit the following to the Minister for approval:
(a) any revisions or amendments to an approved regional health and business plan proposed by the regional health authority; and
(b) proposed revisions or amendments to an approved regional health and business plan respecting matters specified by the Minister, within the time specified by the Minister.
32(6)Subsections (3) and (4) apply to any proposed revisions or amendments submitted to the Minister under subsection (5).
2002, c.R-5.05, s.32
Consultation by regional health authority
33(1)When preparing or updating a proposed regional health and business plan, a regional health authority shall ensure that it consults with members of the public in relation to identifying the health needs of the population in the region, the need for health services in the region, the priorities for the delivery of health services in the region, and whether the health needs of the region are being met.
33(2)When preparing a proposed regional health and business plan, a regional health authority may consult with any other regional health authorities, persons or government departments and agencies that the regional health authority considers appropriate.
2002, c.R-5.05, s.33
Delivery of services
34A regional health authority shall ensure that
(a) health services are delivered through its employees and staff or through agreements with the government or other persons,
(b) health services delivered by employees and staff or through agreements under paragraph (a) are delivered in accordance with the provincial standards established by the Minister for those services,
(c) health services are delivered within the parameters established and the directions and guidelines issued by the Minister, and
(d) health services are delivered within the performance targets established by the Minister for those services.
2002, c.R-5.05, s.34; 2011, c.6 (Supp.), s.10
Advice respecting provincial plan
35When consulted by the Minister under subsection 6(3), a regional health authority shall provide advice to the Minister with respect to the provincial health plan.
2002, c.R-5.05, s.35
Operation within accountability framework and performance targets
2011, c.6 (Supp.), s.11
36Subject to this Act and the regulations, a regional health authority shall operate within
(a) the accountability framework established by the Minister under section 7, and
(b) the performance targets established by the Minister under section 9.
2002, c.R-5.05, s.36; 2011, c.6 (Supp.), s.12
Agreements by regional health authority
37A regional health authority may enter into, and amend, an agreement for the purposes of this Act and the regulations with
(a) the provincial government or an agency or body under the jurisdiction of the government,
(b) the government of Canada or of another province, territory or jurisdiction,
(c) a department, agency or body under the jurisdiction of the government of Canada or of another province, territory or jurisdiction,
(d) a band council as defined in the Indian Act (Canada),
(e) a regional health authority,
(f) a municipality or rural community, or
(g) any other person or group of persons.
2002, c.R-5.05, s.37; 2005, c.7, s.74
Trust and other funds
38(1)A regional health authority shall not use the capital of trust or other funds over which the regional health authority exercises powers and discharges responsibilities of a fiduciary or other nature unless its use has been approved in the regional health and business plan for that regional health authority.
38(2)Despite subsection (1), the capital of trust or other funds over which a regional health authority exercises powers or discharges responsibilities of a fiduciary or other nature may be used if a specific directive in the instrument creating the fund authorizes the use of the capital and the use of the capital is consistent with the regional health and business plan for that authority.
38(3)The transfer and vesting by this Act of powers and responsibilities of a fiduciary or other nature over trust and other funds does not alter the purposes for which a trust or other funds were established, and the funds shall be used for the purpose for which they were intended.
2002, c.R-5.05, s.38
Annual meeting
39A regional health authority shall hold an annual meeting open to the public during the month of June in each year and shall present its annual report at the meeting.
2002, c.R-5.05, s.39
Translation services
40A regional health authority shall ensure that simultaneous translation services in both official languages are provided to members of the public who attend a board meeting that is open to the public or a meeting conducted by the authority that is open to the public.
2002, c.R-5.05, s.40
Reports and returns
41A regional health authority shall provide to the Minister any reports, returns and statistical information that the Minister may require, within the time and in the form specified by the Minister.
2002, c.R-5.05, s.41
4
FINANCIAL MATTERS
Funding for regional health authority
42The Minister may provide funding to a regional health authority for the purposes of this Act out of money appropriated by the Legislature for those purposes.
2002, c.R-5.05, s.42
Minister may withhold payments
43The Minister may withhold payments or any part of a payment to a regional health authority until it complies with this Act and the regulations, or the regional health and business plan, as the case may be.
2002, c.R-5.05, s.43
Fiscal year
44The fiscal year of a regional health authority begins on April 1 in one year and ends on March 31 in the next year.
2002, c.R-5.05, s.44
Borrowing
45Subject to the approval of the Minister, a regional health authority may borrow money for the purposes of the regional health authority.
2002, c.R-5.05, s.45
Deficit
46A regional health authority shall not accumulate a deficit.
2002, c.R-5.05, s.46
Surplus
47Despite the Financial Administration Act and with the approval of the Minister, a regional health authority may retain from year to year all or part of a budgetary surplus that the regional health authority has realized in its operations.
2002, c.R-5.05, s.47
Capital assets and equipment
48(1)A regional health authority may acquire or dispose of capitalized assets or equipment in accordance with the regional health and business plan.
48(2)When assets are sold by a regional health authority, the regional health authority shall use the proceeds of the sale in accordance with the regional health and business plan.
2002, c.R-5.05, s.48
Investments
49A regional health authority may invest money in accordance with its by-laws.
2002, c.R-5.05, s.49
Financial information
50A regional health authority shall provide to the Minister any financial information that is requested by the Minister, within the time specified by the Minister.
2002, c.R-5.05, s.50
Accounting principles
51A regional health authority shall apply generally accepted accounting principles to its records, accounts, financial transactions and financial statements.
2002, c.R-5.05, s.51; 2011, c.6 (Supp.), s.13
Retention of financial records
52A regional health authority shall retain a financial record for a minimum of six years after the record was created.
2002, c.R-5.05, s.52
Auditor
53(1)A regional health authority shall appoint an external auditor who shall audit the records, accounts and financial transactions of the regional health authority annually.
53(2)A regional health authority shall not appoint a person as an auditor, and no person shall act as an auditor, if, in the fiscal year in which the appointment is made or in the preceding fiscal year, the person
(a) is or was a director of the regional health authority,
(b) has or had a direct or indirect interest in an agreement or contract entered into by the regional health authority, other than a contract respecting the audit, or
(c) is or was employed by the regional health authority in a capacity other than as auditor.
2002, c.R-5.05, s.53; 2011, c.6 (Supp.), s.14
Insurance coverage for protection of property
54(1)A regional health authority shall maintain adequate insurance coverage for the protection of all property of the authority and for the protection of all property entrusted to the authority.
54(2)For the purposes of subsection (1), a regional health authority shall be deemed to have an insurable interest in property entrusted to it.
54(3)The Province may assume responsibility for interest and risks of a regional health authority respecting specified property of the authority and respecting specified property entrusted to the authority.
54(4)If the Province assumes responsibility under subsection (3) respecting specified property of the regional health authority or property entrusted to a regional health authority, the regional health authority shall not maintain insurance coverage for the protection of that property.
54(5)Any money payable as a result of damage to property of a regional health authority, or to property entrusted to a regional health authority, is payable to the owner or owners of the property in accordance with their interests.
54(6)If property of a regional health authority or property entrusted to a regional health authority is damaged, it shall not be repaired or abandoned without the prior written approval of the Minister.
2002, c.R-5.05, s.54
Insurance coverage for protection of patients, visitors, staff and other persons
55(1)Subject to subsection (3), a regional health authority shall maintain adequate insurance coverage for the protection of all patients, visitors, staff and other persons who are, by invitation, at buildings or other premises or places entrusted to the regional health authority.
55(2)The Province may indemnify a regional health authority, on those terms and conditions that it considers appropriate, for any money payable by the regional health authority to or in respect of patients, visitors, staff or other persons who are, by invitation, at buildings or other premises or places of, or entrusted to, the regional health authority, as a result of liability incurred by the regional health authority for injury to those patients, visitors, staff or other persons.
55(3)If the Province has agreed under subsection (2) to indemnify a regional health authority, the regional health authority shall not maintain insurance coverage for the protection of patients, visitors, staff and other persons who are, by invitation, at buildings or other premises or places of, or entrusted to, the authority.
2002, c.R-5.05, s.55; 2011, c.6 (Supp.), s.15
Management committee
56There shall be a management committee consisting of those members appointed by the Minister to advise the Minister on matters in relation to section 55 and on other matters referred to it by the Minister.
2002, c.R-5.05, s.56
Annual report
57(1)No later than June 30 in each year, a regional health authority shall submit the following to the Minister with respect to the preceding fiscal year:
(a) an annual report, and
(b) the audited financial statements and the auditor’s report on financial statements, in the form and containing the information required by the Auditor General.
57(2)A regional health authority shall ensure that all copies of management letters, appendices, schedules, observations and recommendations that accompany the auditor’s report are included in the submission to the Minister under subsection (1).
57(3)A regional health authority shall conduct the analysis in relation to any aspect of the operations of a regional health authority as required by the Auditor General or Minister and shall attach to the annual report the results of the analysis and any other information in relation to it required by the Auditor General or Minister.
57(4)The annual report shall contain, in relation to the regional health and business plan,
(a) a report on the activities of the regional health authority,
(b) a report on the performance of the authority in relation to the performance targets set by the Minister under section 9,
(c) a summary of the audited financial statements of the regional health authority,
(d) a summary of the budgeted and actual revenues and the anticipated and actual expenditures of the regional health authority,
(e) a report on the salaries paid to senior management of the regional health authority, and
(f) any other information prescribed by the regulations.
2002, c.R-5.05, s.57
Appointment of a trustee
58(1)At any time, the Minister may appoint by order a person as a trustee to act in place of the voting members of the board of directors of a regional health authority if, in the opinion of the Minister,
(a) the board is not properly carrying out its responsibilities, duties or powers under this Act or the regulations,
(b) the board fails to comply or to ensure that the regional health authority complies with a provision of this Act or the regulations, or with parameters established or directions issued by the Minister, within the period of time specified by the Minister at the time the Minister notifies the board of the requirement to comply, or
(c) it is in the public interest.
58(2)On the appointment of a trustee under subsection (1), the voting members of the board cease to hold office and shall not perform any duties or exercise any powers assigned to them under this Act or the regulations.
58(3)A trustee appointed under this section
(a) has all the responsibilities, duties and powers of the board of directors, and
(b) shall be paid, out of the funds of the regional health authority, the remuneration and expenses determined by the Minister.
58(4)When a trustee is appointed, the former voting members on the board shall immediately deliver to the trustee all funds and all books, records and documents respecting the management and activities of the regional health authority.
58(5)If, in the opinion of the Minister, a trustee is no longer required, the Minister may terminate the appointment of the trustee on the terms and conditions that the Minister considers advisable.
2002, c.R-5.05, s.58; 2008, c.7, s.12; 2011, c.6 (Supp.), s.16
Standing Committee on Crown Corporations
59A regional health authority shall appear before the Standing Committee on Crown Corporations of the Legislative Assembly of New Brunswick, if requested to do so by that Committee.
2002, c.R-5.05, s.59
5
GENERAL PROVISIONS
Property
60Despite the Registry Act or the Land Titles Act, if a deed or devise of real property is made to a regional health authority, it shall be deemed to have been deeded or devised to Her Majesty the Queen in right of the Province.
2002, c.R-5.05, s.60
Immunity
61(1)Neither Her Majesty the Queen in right of the Province nor the Minister is liable for an act or omission of a regional health authority official, a person on the medical staff or nursing staff of a regional health authority or an employee or agent of a regional health authority.
61(2)Neither Her Majesty the Queen in right of the Province nor the Minister is liable for an act or omission of an official, a member of the medical staff or nursing staff, or an employee or agent of a hospital or other facility outside New Brunswick to which payments are made directly or indirectly by the Minister in respect of health services delivered by that hospital or other facility.
2002, c.R-5.05, s.62
Prohibited action
62No action shall be brought against the individual members of the board acting honestly and in good faith.
2002, c.R-5.05, s.63; 2011, c.6 (Supp.), s.17
Indemnification
63Every member of the board, and the heirs, executors, estate and effects of every member, shall be indemnified and saved harmless out of the funds of the regional health authority with respect to all costs, charges and expenses that the member incurs in relation to an action or other proceeding brought or prosecuted against the member in connection with his or her duties as a member of the board and with respect to all other costs, charges and expenses the member incurs in connection with those duties, except costs, charges and expenses that are occasioned by the member’s own wilful neglect or wilful default.
2002, c.R-5.05, s.64; 2011, c.6 (Supp.), s.18
Confidentiality of information
Repealed: 2017, c.29, s.9
2017, c.29, s.9
64Repealed: 2017, c.29, s.9
2002, c.R-5.05, s.65; 2017, c.29, s.9
Compliance with provincial standards
65A person who delivers health services through an agreement with a regional health authority shall ensure that the services are delivered in accordance with the provincial standards established by the Minister for those services.
2002, c.R-5.05, s.66
Appointment of inspectors
66(1)The Minister may appoint any person as an inspector for the purposes of this Act and the regulations.
66(2)The Minister shall issue to an inspector a certificate of appointment and an inspector, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate of appointment on request.
2002, c.R-5.05, s.67
Powers of inspectors
67(1)This section applies to regional health authorities and to those persons who deliver health services through an agreement with a regional health authority.
67(2)For the purpose of this Act and the regulations and for the purpose of ensuring compliance with this Act and the regulations, an inspector may at any reasonable time
(a) enter and inspect the premises, building or place operated or occupied by a regional health authority or person referred to in subsection (1),
(b) require a regional health authority or a person referred to in subsection (1) to produce for examination, audit or copying any records, documents and things relating to its business, and
(c) interview officers and employees of a regional health authority or person referred to in subsection (1) and the users of the facilities or services of an authority or person referred to in subsection (1).
67(3)In carrying out an inspection, examination or audit, an inspector may
(a) use a data processing system at the premises, building or place where the records, documents or things are kept,
(b) reproduce any record, and
(c) use any copying equipment to make copies of a record.
67(4)No person shall obstruct an inspector who is carrying out or attempting to carry out an inspection, examination or audit under this Act, or withhold or destroy or conceal or refuse to furnish any information or thing required by the inspector for the purposes of the inspection, examination or audit.
67(5)An inspector who removes documents or other records shall
(a) give a receipt for the items, and
(b) return the items as soon as possible after the making of copies or extracts.
67(6)Before or after attempting to enter or to have access to any premises, building or place for a purpose mentioned in subsection (2), an inspector may apply to a judge for an entry warrant under the Entry Warrants Act.
2002, c.R-5.05, s.68
Misleading statements
68No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector while the inspector is engaged in carrying out his or her duties under this Act or the regulations.
2002, c.R-5.05, s.69
Offences and penalties
69A person who violates or fails to comply with section 64, subsection 67(4) or section 68 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
2002, c.R-5.05, s.70
Application of Regulations Act
70A parameter, guideline or standard established, a direction issued or an approval given, suspended or revoked by the Minister under this Act or the regulations is not a regulation within the meaning of the Regulations Act.
2002, c.R-5.05, s.71
Regulations
71(1)The Lieutenant-Governor in Council may make regulations
(a) amending Schedule A by altering the boundaries of health regions as set out in Schedule A, which boundaries may be described in the manner the Lieutenant-Governor in Council considers appropriate;
(b) transferring responsibility for facilities from one regional health authority to another, including transferring and vesting ownership in property and interest in property that is used for or in connection with or that relates to the facilities, or that is associated with the establishment, operation or maintenance of the facilities, and transferring and vesting all rights, obligations, assets, liabilities, powers and responsibilities that relate to the facilities or that are associated with the establishment, operation and maintenance of the facilities;
(c) respecting the appointment of members of boards, including but not limited to, criteria for eligibility, the terms of office and the maximum number of years an appointed member may serve;
(d) limiting the number of members of a board from the largest urban centre within a health region;
(e) providing the grounds for the disqualification of an appointed or elected member of a board from holding office as a member of a board,
(e.1) respecting the election of members of a board and any matters relating to the holding and running of those elections, including
(i) the frequency of elections,
(ii) the eligibility requirements of voters and candidates,
(iii) the appointment of election officers and their qualifications and responsibilities,
(iv) the persons who are ineligible to be appointed or to act as election officers,
(v) the establishment of election procedures, including the nomination of candidates, the dates, times and places of voting, and publication requirements,
(vi) the division of each health region into subregions and establishing the number of members of a board to be elected in each subregion;
(e.2) respecting taking office and the term of office of elected members of a board;
(e.3) respecting elections by acclamation and incomplete elections of members of a board;
(e.4) respecting the circumstances under which a by-election may be held to elect a member of a board;
(e.5) prescribing circumstances for the purposes of subsection 20(5.2);
(e.6) adopting the Municipal Elections Act for the purposes of an election of members of a board, with the modifications or exclusions that are considered necessary;
(e.7) prescribing offences and penalties under this Act with respect to an adopted provision of the Municipal Elections Act for an election of members of a board;
(f) respecting appointments to the professional advisory committee and medical advisory committee and the operations of those committees;
(g) respecting the establishment and operation of other advisory committees;
(h) respecting the appointment, powers, privileges and duties of officers, chief executive officers, medical staff and other staff and employees;
(i) respecting board minutes and by-laws, including the requirement to provide the minutes or by-laws in both official languages;
(j) respecting books, accounts and accounting systems to be maintained and the audits to be performed by regional health authorities;
(k) respecting the annual public meeting of a regional health authority, including but not limited to, notice requirements and order of business;
(l) exempting, subject to any terms and conditions established in the regulations, any person, regional health authority or facility from the whole or part of the application of this Act;
(m) prescribing health services for the purposes of the definition “community health services”;
(n) respecting the delivery or provision of community health services by a regional health authority;
(o) respecting the operation of a community health centre;
(p) prescribing services for the purposes of the definition “public health services”;
(q) respecting the admission, care, conduct and discharge of patients or any class of patients from a facility, service or program operated by a regional health authority;
(r) respecting records to be maintained for persons, including the contents of the records, the preparation, maintenance, storage, removal and destruction of records;
(s) respecting additional records to be maintained and reports and returns to be made by regional health authorities;
(t) respecting circumstances when information may be released under paragraph 64(c);
(u) prescribing any matter or thing that is required or authorized by this Act to be prescribed by regulation;
(v) respecting fees that may be charged for services provided by regional health authorities;
(w) defining any word or expression used in but not defined in this Act;
(x) respecting any other matter or thing that the Lieutenant-Governor in Council considers necessary to carry out the intent of this Act.
71(2)A regulation made under paragraph (1)(c), (e), (e.1) to (e.7), or (i) may be retroactive in its operation to December 30, 2011.
2002, c.R-5.05, s.72; 2002, c.40, s.2; 2004, c.16, s.3; 2008, c.7, s.13; 2011, c.55, s.1, s.2; 2011, c.6 (Supp.), s.19; 2017, c.29, s.9
SCHEDULE A
The health regions established under section 15 are as follows:
(a) Health Region A
(i) Kent County, excluding the portion of the village of Rogersville lying in Kent County; Albert County; Westmorland County; the community of Rogersville-est lying in Northumberland County;
(ii) Madawaska County; the parishes of Drummond and Grand Falls in Victoria County, but excluding the portion of the parish of Drummond lying south-east of Salmon River; the parishes of Grimmer and Saint-Quentin in Restigouche County;
(iii) Restigouche County, excluding the parishes of Grimmer and Saint-Quentin; the portion of the village of Belledune lying in Gloucester County;
(iv) Gloucester County, excluding the portion of the village of Belledune lying in Gloucester County;
(v) the portion of Northumberland County in Ward 4 in the regional municipality of Tracadie;
(b) Health Region B
(i) Kent County, excluding the portion of the village of Rogersville lying in Kent County; Albert County; Westmorland County; the community of Rogersville-est lying in Northumberland County;
(ii) Charlotte County; Saint John County; Kings County; the parishes of Petersville, Hampstead, Wickham, Brunswick and Johnston in Queens County, but excluding the portion of the Village of Cambridge Narrows lying in the parish of Johnston;
(iii) Queens County, excluding the parishes of Petersville, Hampstead, Wickham, Brunswick and Johnston, but including that portion of the Village of Cambridge Narrows lying in the parish of Johnston; Victoria County, excluding the parishes of Drummond and Grand Falls, but including the portion of the parish of Drummond lying south-east of Salmon River; Carleton County; York County; Sunbury County; the parishes of Ludlow and Blissfield in Northumberland County;
(iv) Northumberland County, excluding the parishes of Ludlow and Blissfield and the portions of the community of Rogersville-est and of Ward 4 in the regional municipality of Tracadie lying in Northumberland County; the portion of the village of Rogersville lying in Kent County.
2002, c.R-5.05, Schedule A; 2004-17; 2008, c.7, s.15; 2011, c.55, s.1; 2014-146; 2015-24
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to May 24, 2017.