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Statutes of Newfoundland and Labrador 2006 AN ACT RESPECTING THE DELIVERY OF HEALTH (Assented to Analysis 1. Short title 2. Definitions 3. Objectives and priorities 4. Powers of the minister 5. Ministerial directions 6. Creation of regions and health authorities 7. Regional health authorities are corporations 8. Board of directors 9. Remuneration and expenses of trustees 10. By-laws 11. Meetings 12. Quorum of a board 13. Committees 14. CEO of a board 15. Officers and employees 16. Responsibility of authority 17. Authority's powers 18. Funding for authorities 19. Withholding of funding 20. Fiscal year 21. Budget 22. Auditor 23. Review or audit by minister 24. Request for reports etc. 25. Protection from liability 26. Appointment of administrator 27. Regulations 28. Authorities continued 29. Consequential Amdt. 30. Repeal 31. Commencement Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows: Short title 1. This
Act may be cited as the Regional Health
Authorities Act. Definitions 2. In
this Act (a) "authority" means a regional health
authority established under paragraph 6(1)(b); (b) "board" means the board of trustees of
an authority; (c) "health and community services"
means health and community services as defined by the regulations made under section
27; and (d) "minister" means the minister
appointed under the Executive Council Act
to administer this Act. Objectives and
priorities 3. The
minister may establish objectives and priorities for the provision of health and
community services in the province or in areas of the province. Powers of the
minister 4. (1) The
minister may determine (a) health and community services which shall be
provided by an authority; and (b) standards for the provision of health and
community services by an authority. (2) Where the minister determines a health and community service or a standard under subsection (1) the authority to which it is applicable shall comply with the minister's determination. Ministerial directions 5. (1) The
minister may give directions to an authority including directions for the purpose
of (a) achieving objectives and priorities as
established under section 3; (b) providing guidelines for the authority to
follow in carrying out its duties and responsibilities and the exercise of its
powers under this Act; and (c) coordinating the work of the authority with
the programs, policies and work of the government of the province, the agencies
of the government, other regional health authorities and other persons in the
provision of health and community services in the province. (2) An authority to which the minister gives directions
under subsection (1) shall comply with the directions. Creation of
regions and health authorities 6. (1) The
Lieutenant-Governor in Council, by regulation, (a) may establish one or more health regions in
the province; and (b) shall establish a regional health authority
for each health region to provide for the delivery and administration of health
and community services in the health region. (2) A regulation made under subsection (1) shall (a) name the health region and describe its
boundaries; (b) name the authority for the health region; and (c) specify the organization and composition of
the authority, including the composition of the board and the number of trustees
on it. (3) A regulation made under this section may be made with retroactive effect. (4) An authority is an agent of the Crown. Regional health
authorities are corporations 7. An
authority is a corporation without share capital for the purpose of Part XXI of
the Corporations Act. Board of
directors 8. (1) The
management and affairs of an authority shall be directed by a board of trustees
appointed by the minister in accordance with the regulations. (2) The minister shall appoint a chairperson of
the board of trustees of an authority from among the trustees of the authority. (3) The trustees of the authority may, in accordance
with the by-laws of the authority, elect from among their number one or more
vice-chairpersons. (4) The trustees of an authority shall be appointed
for a term of 3 years and may be re-appointed to one further term of 3 years. (5) Where a trustee resigns from a board or
becomes unable to carry out his or her duties and responsibilities, the
minister may appoint a person to replace him or her and that person shall serve
for the remainder of the term of the trustee being replaced. (6) The board of an authority may act despite a
vacancy in its membership. (7) A trustee whose term of office has expired
continues to be a trustee until he or she is reappointed or replaced. Remuneration and
expenses of trustees 9. An
authority shall pay its trustees the remuneration and expenses that the
Lieutenant-Governor in Council may determine. By-laws 10. (1) A
board may make by-laws not inconsistent with this Act or the regulations
relating to its internal organization and proceedings and for the general
conduct and management of its affairs. (2) A board may make by-laws respecting medical
staff of the authority, including by-laws respecting (a) the granting, variation, suspension and
revocation of medical staff privileges; (b) categories of medical staff privileges; (c) the membership of a medical advisory
committee; (d) the duties and functions of senior medical
officers of the authority; and (e) rules and regulations governing medical staff. Meetings 11. (1) A
board shall hold (a) an annual meeting, which shall be open to the
public, at the time and place set out in the by-laws of the board, but the
meeting shall be held not later than 6 months after the end of the fiscal year;
and (b) other meetings in accordance with the by-laws
of the board. (2) A trustee may, in accordance with the by-laws
of the board, participate in a meeting of the board by means of the telephone
or other communication device that permits all persons participating in the
meeting to hear one another simultaneously. Quorum of a board 12. (1) A
majority of the trustees constitute a quorum for the transaction of business of
the board. (2) A trustee who participates in a meeting of the board by a means permitted by subsection 11(2) is, for the purpose of establishing a quorum, present at the meeting. Committees 13. A
board may establish those committees composed of its members that it considers
necessary to assist it in carrying out its duties and responsibilities and
exercising its powers under this Act. CEO of a board 14. (1) Subject
to the approval of the minister, a board shall appoint, and determine the terms
and conditions of employment of, a chief executive officer for the authority. (2) The chief executive officer of an authority,
under the direction of the board, is responsible for the day to day management
and conduct of the affairs of the authority. Officers and employees 15. An
authority may appoint the officers and engage the employees and other persons
it considers necessary to carry out the duties and responsibilities and to
exercise the powers of the authority. Responsibility of
authority 16. (1) An authority is responsible for the delivery and administration of health and community services in its health region in accordance with this Act and the regulations. (2) Notwithstanding subsection (1), an authority
may provide health and community services designated by the minister on an
inter-regional or province-wide basis where authorized to do so by the minister
under section 4. (3) In carrying out its responsibilities, an
authority shall (a) promote and protect the health and well-being of
its region and develop and implement measures for the prevention of disease and
injury and the advancement of health and well-being; (b) assess health and community services needs in
its region on an ongoing basis; (c) develop objectives and priorities for the provision
of health and community services which meet the needs of its region and which
are consistent with provincial objectives and priorities; (d) manage and allocate resources, including funds
provided by the government for health and community services, in accordance
with this Act; (e) ensure that services are provided in a manner
that coordinates and integrates health and community services; (f) collaborate with other persons and
organizations, including federal, provincial and municipal governments and
agencies and other regional health authorities, to coordinate health and
community services in the province and to achieve provincial objectives and priorities;
(g) collect and analyze health and community services information for use in the development and implementation of health and community services policies and programs for its region; (h) provide information to the residents of the region respecting (i) the services provided by the authority, (ii) how they may gain access to those services, and (iii) how they may communicate with the authority
respecting the provision of those services by the authority; (i) monitor and evaluate the delivery of health
and community services and compliance with prescribed standards and provincial
objectives and in accordance with guidelines that the minister may establish
for the authority under paragraph 5(1)(b); and (j) comply with directions the minister may give. Authority's
powers 17. (1) An
authority may (a) purchase, lease or otherwise acquire personal
property; (b) sell, lease or otherwise dispose of personal
property; (c) accept grants, gifts, bequests and donations
of real and personal property and, where the grant, gift, bequest or donation
is made subject to directions or conditions, the authority shall, unless the
person from whom it is received consents otherwise, comply with and give effect
to the directions or conditions; (d) unless prohibited by the regulations, charge
fees for health and community services directly to the person who received the
services; (e) conduct research, provide education and
training, and engage or collaborate with persons or other organizations in the
conduct of research or the provision of education and training, in the field of
health and community services; (f) establish, and apply to register, charitable
foundations, as that term is defined in the Income
Tax Act ( (g) exercise the other powers that are necessary
to carry out its duties and responsibilities and exercise its powers under this
Act. (2) Subject to the approval of the minister, an
authority may (a) purchase, lease or otherwise acquire real
property, or an interest in real property, that it considers necessary for its
purposes; (b) construct, renovate, expand, convert or
relocate buildings or structures; and (c) sell, lease or otherwise dispose of real property
or an interest in real property where the real property is no longer required
for its purposes. (3) An authority may borrow money (a) for the purpose of carrying out its day to day
operations; and (b) for the purpose of acquiring real property for
the use of the authority, or for the purpose of erecting, repairing, adding to,
furnishing or equipping a building for the use of the authority. (4) An authority may enter into agreements with
other organizations respecting the provision of health and community services
by or through or in cooperation with those organizations. Funding for
authorities 18. (1) The
minister may provide funding to an authority for the purpose of this Act out of
money appropriated by the legislature for that purpose. (2) Money provided to an authority for a
particular purpose shall not be expended by the authority for another purpose
without the prior approval of the minister. Withholding of
funding 19. The
minister may withhold a payment, or part of a payment, to an authority until
the authority has complied with this Act or a direction of the minister given
under section 5. Fiscal year 20. The
fiscal year of a regional health authority is April 1 to the following March
31. Budget 21. (1) An
authority shall, annually, prepare and submit to the minister, at the time and
in the manner required by the minister, a budget containing estimates of
amounts necessary to enable the authority to carry out its duties and
responsibilities and exercise its powers in the coming financial year. (2) The minister may approve or disapprove a
budget submitted under subsection (1) or may approve a budget subject to the
changes to it required by the minister. (3) Except with the prior approval of the
minister, an authority shall not make, or contract to become liable for, an
expenditure or indebtedness beyond or in excess of the estimated amount of
expenditure set out in its budget and approved by the minister under this
section. (4) Where an authority becomes liable for an
indebtedness contrary to subsection (3), the minister may dismiss some or all
of the members of the board of the authority. (5) Where the minister dismisses a member of a
board under subsection (4), the member does not have a cause of action against
the Crown nor a right to compensation as a result of the dismissal. Auditor 22. An
authority shall appoint an independent auditor who shall, annually, audit the
records, accounts and financial transactions of the authority. Review or audit
by minister 23. (1) An
authority shall keep accounts, and other financial records and information as
required by the regulations. (2) An authority shall provide information to the
minister respecting its accounts and other financial records in the manner and
at the time required by the minister. (3) An authority shall permit the minister to
review the books of account and other financial records of the authority. (4) The minister may audit the accounts of an authority either generally or with respect to a specific transaction or expenditure and, where the minister decides to conduct the audit, the authority shall provide the minister with the information and other assistance required by the minister within the time required by the minister. Request for reports etc. 24. Where
requested to do so by the minister, an authority shall provide the minister
with the records, reports and other documents he or she specifies in the
request. Protection from
liability 25. An action for damages does not lie against a trustee, an officer or an employee of an authority personally for anything done or omitted in good faith in the performance or intended performance of a duty or the exercise or intended exercise of a power under this Act, or for a neglect or default in the performance, or intended performance, of a duty, or the exercise or intended exercise, of a power, in good faith, under this Act. Appointment of
administrator 26. (1) Where
an authority is, in the opinion of the minister, in serious financial
difficulty, the minister, subject to the approval of the Lieutenant-Governor in
Council, may appoint an administrator who shall have the power to carry out the
duties and exercise the responsibilities of the authority. (2) Upon the appointment of an administrator, the
board of the authority for which the administrator was appointed shall cease to
hold office and may no longer direct the affairs of the authority or exercise
the functions, powers or carry out the duties conferred on the board by this
Act. Regulations 27. The
Lieutenant-Governor in Council may make regulations (a) prescribing what constitutes "health and
community services" for the purpose of this Act; (b) conferring on an authority the authority to
provide specified health and community services; (c) respecting the manner in which health and
community services are provided by an authority and different provisions may be
made applicable to all authorities or to some authorities only; (d) delegating to an authority a duty or power
conferred on a minister by an Act necessary or incidental to the provision by
the authority of a health or community service; (e) respecting the appointment of trustees to the
board of an authority; (f) prohibiting or authorizing the charging of
fees for health and community services, or categories of services, by an authority
directly to the persons who received those services; (g) respecting the keeping, preparing and
reporting of financial, administrative, statistical and clinical information,
including the keeping confidential of that information; (h) respecting the provision of information by an
authority to the minister including the content, form and timing of the information; (i) respecting accounting categories an authority
may establish and the form and content of those categories; (j) respecting client records including (i) ownership of those records, (ii) access to those records, (iii) use of those records, and (iv) disposal of those records; (k) respecting the establishment of charitable
foundations by authorities; (l) respecting the funding of authorities including (i) the manner of determining funding to authorities, (ii) the allocation of funds, (iii) the expenditure of funds, and (iv) advances and the recovery of overpayments; (m) respecting the borrowing and investment powers
of authorities; (n) respecting transitional matters resulting from (i) the establishment, continuation or variation
of a health region or an authority under this Act, (ii) the amalgamation of authorities, and (iii) the winding up of the affairs of a regional
health authority; (o) respecting the appointment of an administrator
under section 26 and the powers and duties of
an administrator; and (p) generally, to give effect to the purpose of
this Act. Authorities continued 28. The
authorities created by the Regional
Integrated Health Authorities Order, Newfoundland and Labrador Regulation
18/05, are continued and this Act applies to them for all purposes as if they
had been created by regulations made under section 6.
Consequential Amdt. 29. (1) Section 2 of the Adoption Act is amended by adding immediately after paragraph (d) the following: (d.1) "authority" means a regional health authority established under the Regional Health Authorities Act; (2) Paragraph 2(h) of the Adoption Act is repealed. (3) Section 55 of the Adoption Act is repealed and the following substituted: Provincial director's right to information 55. (1) The provincial director has the right to information that is in the custody or control of (a) a department of the government of the province; (b) a board, commission or other body listed in
the Schedule to the Access to Information
and Protection of Privacy Act; or (c) a regional health authority established under the Regional Health Authorities Act, that is necessary to enable him or her to locate a person for the purpose of this Act or is necessary for the health or safety of an adopted person. (2) A department, authority, board, commission or other body referred to in subsection (1) that has custody or control of information to which the provincial director is entitled under subsection (1) shall, upon request, disclose that information to the provincial director. (3) This section applies notwithstanding another Act of the province. (4) A director under the Child, Youth and Family Services Act shall, upon request, disclose to the provincial director information obtained under the Child, Youth and Family Services Act that is necessary to enable the provincial director to exercise the powers or perform the duties or functions given to him or her under this Act. (4) The Adoption Act is amended generally by striking out the word "board" wherever it occurs and substituting the word "authority". (5) Section 2 of the Child Care Services Act is amended by adding immediately after paragraph (a) the following: (a.1) "authority" means a regional health authority established under the Regional Health Authorities Act; (6) Paragraph 2(b) of the Child Care Services Act is repealed. (7) The Child Care Services Act is amended generally by striking out the word "board" wherever it occurs and substituting the word "authority". (8) Paragraph 2(1)(a) of the Child, Youth and Family Services Act is repealed and the following substituted: (a) "authority" means a regional health authority established under the Regional Health Authorities Act; (9) The Child, Youth and Family Services Act is amended generally, except subsections 23(2) and (3), by striking out the word "board" wherever it occurs and substituting the word "authority". (10) Section 4 of the Health and Community Services Act is repealed. (11) Paragraph 11(1)(c) of the Health and Community Services Act is amended by striking out the words and comma "regional health and community service boards,". (12) Subparagraph 2(1)(i)(vii) of the Public Service Collective Bargaining Act is repealed and the following substituted: (vii) a regional health authority established under
the Regional Health Authorities Act, Repeal 30. (1) The Hospitals Act is repealed. (2) The Regional
Integrated Health Authorities Order under the Hospitals Act, (3) The Cancer Treatment and Research Foundation Act is repealed. (4) The assets and liability of the Cancer Treatment Research Foundation are vested in the Eastern Regional Health Authority continued under this Act. (5) Sections 3.2 and 5 of the Consolidated Orders under the Public
Service Collective Bargaining Act, Consolidated Commencement 31. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. ©Earl G. Tucker, Queen's Printer |