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Newfoundland Regulation 1998


NEWFOUNDLAND REGULATION 46/98

NEWFOUNDLAND REGULATION 46/98

Western Regional Health and Community Services Board Order
under the
Health and Community Services Act
(O.C. 98-114)

(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 St. John’s, March 26, 1998.

 John R. Cummings, Q.C.
Deputy Clerk of the Executive Council

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
service

        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
obligations

      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.