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RSNL1990 CHAPTER H-8

HEALTH CARE ASSOCIATION ACT

[To be Repealed by SNL2013 c24 s2 - not in force]

Amended:

1995 c36; 2001 c18; 2006 c40 s21

CHAPTER H-8

AN ACT RESPECTING THE NEWFOUNDLAND AND LABRADOR HEALTH CARE ASSOCIATION

1995 c36 s1

Analysis



Short title

        1. This Act may be cited as the Health Care Association Act.

1988 c26 s1; 1995 c36 s2

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Definitions

        2. In this Act

             (a)  "association" means the Newfoundland and Labrador Health Care Association;

             (b)  "board" means the board of directors referred to in section 8;

             (c)  "delegate" means a person appointed by the governing authority of a member and entitled to vote at a general meeting of the association;

             (d)  "member" means a hospital, nursing home, institution or organization that is represented within the corporate structure of the association by designated voting delegates;

             (e)  "minister" means the minister appointed under the Executive Council Act to administer this Act; and

              (f)  "person" includes an individual or body recognized by law as capable of holding an estate, right or interest in property.

1988 c26 s2; 1995 c36 s3; 2006 c40 s21

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Association continued

        3. The Newfoundland Hospital and Nursing Home Association is continued as a corporation under the name of the Newfoundland and Labrador Health Care Association.

1995 c36 s4

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Objects

        4. The objects of the association are

             (a)  to study, consider, discuss, accumulate and distribute to members information and advice regarding

                      (i)  construction, equipment for and administration of hospitals, nursing homes and other health care organizations,

                     (ii)  care of the sick, injured and infirm,

                    (iii)  co-ordination of the work of the medical staff,

                    (iv)  education and training of nurses and other personnel,

                     (v)  legislation, by-laws and regulations affecting the interests of members,

                    (vi)  all matters affecting the operations, administration or financing of members, and

                   (vii)  other related matters which may be a factor in public health and welfare or in another undertaking of a member;

             (b)  to provide, on behalf of members, liaison with and representation to the government or a government department that may be required;

             (c)  to provide a method and means of discussing matters of mutual interest with associations of persons employed or retained by members and to make recommendations to those members respecting those matters;

             (d)  to negotiate and provide labour relations services on behalf of members on request;

             (e)  to provide a method and means of discussing with municipal and local governments or associations of those governments matters affecting or concerning members;

              (f)  to provide at the discretion of the board centralized service programs to members;

             (g)  either by itself or with other persons, to develop and provide educational programs and consultative services for members and personnel and to initiate, develop or participate in research programs which may be necessary or desirable; and

             (h)  to make known to the public the aims, objects and attitudes of the association on matters affecting or concerning members.

1988 c26 s4

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Powers

        5. The association may

             (a)  become associated with or be a member of the Canadian Hospital Association, the Canadian Long Term Care Association or other national or international association of hospitals or health care organizations;

             (b)  develop, participate in and provide advice and consultative assistance to members with respect to accreditation programs or other services available for

                      (i)  the voluntary inspection of health care facilities and services, or

                     (ii)  the general improvement of the standards, procedures, plant and equipment of health care facilities;

             (c)  engage, employ or retain persons as required, to carry out the objects of the association;

             (d)  operate and manage a pension or other plan established under section 10;

             (e)  lease or purchase real or personal property as required for the association's purposes and let, mortgage, charge or otherwise encumber its property;

              (f)  carry out the objects of the association and exercise the powers of the association by acting as principal, agent or otherwise, either alone or in conjunction with others and by or through trustees, agents or otherwise; and

             (g)  do anything which is incidental or conducive to the exercise of the association's powers and the attainment of its objects.

1988 c26 s5

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Head office

        6. The head office of the association shall be situated in the province.

1988 c26 s6

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Branches

        7. The association may establish and maintain branches and in connection with them may appoint subordinate officers with powers and tenure of office as the association considers advisable.

1988 c26 s7

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Board of directors

        8. (1) The management of the association shall be vested in a board of directors.

             (2)  The number of persons comprising the board and the manner and time of their election and their qualifications shall be prescribed in the by-laws.

             (3)  The board may exercise the powers of the association not required by the by-laws to be exercised by members at a general meeting.

             (4)  Except where prohibited in the by-laws made under section 9, a director may, where all the directors consent, participate in a meeting of the board by means of the telephone or other telecommunication device that permits all persons participating in the meeting to hear each other.

             (5)  A director who participates in a meeting by the means described in subsection (4) is, for the purpose of this Act, present at and in attendance at that meeting.

1988 c26 s8; 2001 c18 s1

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By-laws

        9. The association may make by-laws consistent with this Act providing for

             (a)  delegates to represent members and the representation of institutional members in the association;

             (b)  the establishment of different classes of membership and criteria for admission to the different classes as well as for the suspension or retirement of members from the different classes;

             (c)  the establishment and collection of fees and dues;

             (d)  the election and appointment of officers, directors and committees and the definition of their duties;

             (e)  the delegation of the powers of the association to the board and prescribing the powers and duties of the board;

              (f)  the safe keeping and protection of the assets and funds of the association and the regulation, management and preservation of its property and interests;

             (g)  the organization within the association of regional or other groups as required;

             (h)  the convening and holding of meetings of the association;

              (i)  the conduct, management and control of its properties, revenues, expenditures, business and affairs;

              (j)  the entering into agreements and contracts by the association with a person;

             (k)  the calling and location of meetings of the association; and

              (l)  those other matters or things which may be necessary or desirable for carrying out the objects of the association or for the exercise of a power conferred on the association or the board by this Act.

1988 c26 s9

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Regulations re pensions and benefits

     10. (1) The association may, by regulations made in accordance with subsection (3), establish a plan for the employees of the association and of members, other than hospitals or nursing homes operated by the government, providing for

             (a)  pension, group life, sickness or accident insurance or other health and welfare benefits;

             (b)  the payment or grant of the pensions, annuities, allowances, gratuities, other payments or benefits referred to in paragraph (a);

             (c)  the terms and conditions upon which the payments or benefits referred to in paragraph (a) may be paid or granted; and

             (d)  the payment of contributions towards a plan to be made by the persons to whom it applies, and the amounts of the contributions,

and different plans may be established for the different classes of persons referred to in this subsection.

             (2)  The association

             (a)  shall decide whether the payments or benefits made available under a plan established under this section shall be paid or granted out of the general funds of the association or in another manner; and

             (b)  may enter into a contract or undertaking and do all things necessary to give effect to a decision made in accordance with this subsection.

             (3)  The association may make regulations

             (a)  with respect to a plan established under this section;

             (b)  providing for the matters referred to in subsection (1);

             (c)  prescribing the class of persons to which a plan established under this section shall apply, with or without giving to the members of a class the right exercisable, within a period to be prescribed in the regulations, to elect to be excluded from the plan; and

             (d)  generally, to give effect to the purpose of this section.

1988 c26 s10

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Accountability

     11. When requested in writing, the association shall provide the Lieutenant-Governor in Council with an account of the association's property and affairs.

1988 c26 s12