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Newfoundland Regulation 1998 Western Regional Health and Community Services
Board Order (Filed March
27, 1998) Under the
authority of section 4 of the Health and
Community Services Act, the Lieutenant-Governor in
Council makes the following Order. Dated at John R. Cummings, Q.C. ORDER Analysis 1. Short
title 2. Board
established 3. Membership 4. Employees 5. Abstention
required 6. Limits
on time served 7. Triennial
change 8. Continuation
of 9. Vacancy 10. Quorum 11. Chairperson 12. Vice-chairperson 13. Tie
vote 14. Chief
executive officer 15. Members
reimbursed 16. Meetings 17. Board
assuming other 18. Limitation
of liability 19. Powers
and duties of board 20. Service
standards 21. Fiscal
year 22. Budget 23. Audited
annual report 24. Staffing 25. Records 26. Board
bound 27. By-laws 28. Repeal Short title 1. This Order may be cited as the Western Regional Health and Community
Services Board Order. Board established 2. There shall be established as a
statutory corporation a board under the name of the Western Regional Health and
Community Services Board (the "board"). Membership 3. (1) The membership of the board
shall consist of not fewer than 10 and not more than 15 persons to be appointed
by the Minister of Health (the "minister"). (2) Notwithstanding
subsection (1), the minister may by agreement with the board provide for the election
of some or all members of the board. Employees 4. An employee of the board shall not
serve as a voting board member. Abstention required 5. A member of the board shall abstain
from voting on an issue where he or she may derive a monetary or other material
advantage from resolution of the issue. Limits on time served 6. The first members of the board
shall be appointed for a period not exceeding 3 years, and afterward, members
shall be appointed to the board for a period not exceeding 3 years and in no
case may a member serve for more than 9 years continuously. Triennial change 7. At the end of each 3 year term of
office at least 20% of the members of the board shall be replaced and the
remainder may be reappointed. Continuation of service 8. A board member may continue to
serve for one year after the expiry of his or her term if a replacement has not
been made by election, appointment or reappointment. Vacancy 9. If a vacancy opens on the board due
to the death, resignation or removal of a board member, that member shall be
replaced for the remainder of his or her term according to the same terms of
appointment or election. Quorum 10. A quorum of the board shall be 50%
plus one member. Chairperson 11. The minister shall appoint one
member of the board to serve as chairperson for a term not to exceed 3 years
and the member may be reappointed but in no case may a chairperson serve for
more than 9 years continuously. Vice-chairperson 12. The board may elect from among its
members one person to serve as vice-chairperson for the same term as the
chairperson. Tie vote 13. In the event of a tie vote, the
chairperson shall cast a second and deciding vote. Chief executive officer 14. The board, subject to the approval
of the minister, shall appoint a chief executive officer who shall (a) be
responsible for implementing the policies of the board; (c) be
responsible for managing the programs and facilities under the jurisdiction of
the board; and (e) serve
as secretary to the board. Members reimbursed 15. Members of the board, including the
chairperson and vice-chairperson, shall serve without remuneration but shall be
reimbursed for all reasonable expenses incurred in connection with the work of
the board. Meetings 16. The board shall meet on a regular
basis as prescribed in the by-laws and the board shall hold one general meeting
annually which the public may attend and at which the board shall report on its
activities of the year. Board assuming other obligations 17. (1) The board is considered to have
assumed and be vested with all assets, liabilities, rights and obligations,
whether contractual, statutory or otherwise of all services, groups or
institutions subsumed by the board. (2) Notwithstanding
subsection (1), all or some of the funds assumed by the board shall be refunded
to the province at the request of the minister. Limitation of liability 18. No action lies against a member of
the board for anything done by that member in the good faith execution of his
or her duties. Powers and duties of board 19. Subject to the approval of the
minister, the powers and duties of the board are (a) where
funds are approved annually, to be responsible for the delivery of health and
community services, other than hospital services, in the areas of (i) health and community prevention and promotion, (ii) health and community protection, (iii) continuing care, (iv) mental health, (v) addiction services, and (vi) child, youth and family services and services to adult individuals; (b) to
provide facilities that may be required for the delivery of health and
community services referred to in paragraph (a); (c) to
add to or extend its facilities and to build or provide additional buildings
for the purpose of carrying out its mandate; (d) to
take those steps by personal or written appeals, public meetings or otherwise
that it considers appropriate for the purpose of obtaining contributions in the
form of donations or otherwise; (e) to
accept donations, whether lands, buildings, money or other property or bequests,
and to sell and dispose of or to lease and accept surrenders of leases and
manage all land, buildings, real property and funds it may receive for one or
more of the health services referred to in paragraph (a); and (f) generally, to do those things that it considers necessary for the
purpose of the attainment of the health and community services referred to in
paragraph (a). Service standards 20. The minister may establish minimum
levels and standards of service to be provided by the board in an area of
service referred to in paragraph 19(a) and may establish quality assurance
programs to monitor and ensure the appropriate and effective delivery of
programs and services referred to in paragraph 19(a). Fiscal year 21. The fiscal year of the board shall
be the same as the fiscal year of the province. Budget 22. (1) Not later than October 31 in
each year the board shall prepare, adopt and submit to the minister a budget
containing estimates of amounts required during the next financial year. (2) The
minister may approve or alter a budget submitted to him or her by the board. (3) Notwithstanding
subsection (2), the board may reallocate expenditures during the financial year
if the reallocation of expenditures does not exceed the net funding of the grant,
as approved by the Legislature, and if it does not result in the board being
unable to fulfil its role and mandate as approved by the minister. Audited annual report 23. (1) The board shall prepare an
audited annual report which shall be presented to the minister within 6 months
of the end of the fiscal year. (2) The
annual reports may be prepared independently of the Office of the Auditor
General. Staffing 24. Within its budgetary allotment and
if acting in compliance with the service delivery requirements of sections 19
and 20, the board shall determine its staffing requirements. Records 25. The board shall preserve the
confidentiality of all records under its control but may release information on
the approval of the minister according to the provisions of the Freedom of Information Act. Board bound 26. The board shall be bound by
regulations made by the minister under authority of section 11 of the Health and Community Services Act. By-laws 27. The board may make by-laws for the
effective administration of the board. Repeal 28. The
Western Newfoundland Regional Community
Health Board Order, Newfoundland Regulation 19/96, is repealed. ©Earl G. Tucker, Queen's Printer |