2022 Bill 20

	20


Second Session, 50th General Assembly 1 Charles III, 2022
BILL 20
AN ACT RESPECTING THE DELIVERY OF HEALTH AND COMMUNITY SERVICES AND THE ESTABLISHMENT OF A PROVINCIAL HEALTH AUTHORITY
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.................................................................................. Amendment Nov. 8, 2022
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE TOM OSBORNE Minister of Health and Community Services
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Provincial Health Authority Act and repeal the Regional Health Authorities Act and the Centre for Health Information Act, 2018.

This Bill would

· establish the Provincial Health Authority to provide for the delivery of health and community services and the establishment of information systems in the province;

· prescribe the powers of the minister in relation to the delivery of health and community services and establishment of information systems;

· vest the assets and liabilities of the regional health authorities and the Newfoundland and Labrador Centre for Health Information in the Provincial Health Authority;

· continue the employment and benefits of employees of the regional health authorities and the Newfoundland and Labrador Centre for Health Information with the Provincial Health Authority;

· require the establishment of health regions in the province;

· require the establishment of a regional health council for each health region to provide advice and recommendations to the Provincial Health Authority;

· require the establishment of a quality council and prescribe the duties of the quality council;

· require the Provincial Health Authority to provide the quality council with information required by the quality council when requested;

· require the Provincial Health Authority to report and provide information to the minister respecting reports, advice or recommendations received from the quality council;

· require the minister to release certain reports received from the quality council to the public; and

· allow the minister and the Provincial Health Authority to release certain reports, advice and recommendations received from the quality council.

A BILL

AN ACT RESPECTING THE DELIVERY OF HEALTH AND COMMUNITY SERVICES AND THE ESTABLISHMENT OF A PROVINCIAL HEALTH AUTHORITY

Analysis

1. Short title

2. Definitions

3. Objectives and priorities

4. Powers of the minister

5. Ministerial directions

PART I
PROVINCIAL HEALTH AUTHORITY

6. Provincial Health Authority

7. Authority vested

8. Continuity of employment

9. Certain rights not affected

10. No cause of action

11. Board of trustees

12. Remuneration and expenses of trustees

13. By-laws

14. Meetings

15. Quorum

16. Committees

17. Chief executive officer

18. Officers and employees

19. Responsibilities of authority re: health and community services

20. Responsibilities of authority re: information management

21. Authority's powers

22. Funding for the authority

23. Withholding of funding

24. Fiscal year

25. Budget

26. Auditor

27. Review or audit by minister

28. Request for reports etc.

29. Appointment of administrator

PART II
REGIONAL HEALTH COUNCILS

30. Regional health councils

31. Reimbursement of expenses

32. Duties of regional health councils

33. Funding of regional health councils

PART III
QUALITY COUNCIL

34. Quality council

35. Reimbursement of expenses

36. Duties of quality council

37. Funding of quality council

38. Duties of authority re: quality council

39. Quality council information to minister

40. Release of reports, advice or recommendations by minister or authority

PART IV
GENERAL

41. No cause of action

42. Delegation

43. Regulations

44. SNL2022 cA-1.03 Amdt.

45. SNL2015 cA-1.2 Amdt.

46. SNL2021 cA-1.001 Amdt.

47. SNL2011 cA-4.01 Amdt.

48. SNL2021 cA-4.02 Amdt.

49. SNL2001 cC-12.01 Amdt.

50. SNL2009 cC-14.01 Amdt.

51. SNL2001 cC-14.1 Amdt.

52. RSNL1990 cC-25 Amdt.

53. SNL2018 cE-7.3 Amdt.

54. RSNL1990 cE-16 Amdt.

55. SNL2011 cG-7.1 Amdt.

56. SNL1995 cP-37.1 Amdt.

57. SNL2006 cH-1.2 Amdt.

58. SNL2016 cI-2.1 Amdt.

59. SNL2011 cM-4.02 Amdt.

60. SNL2016 cM-5.01 Amdt.

61. SNL1999 cM-24 Amdt.

62. SNL2014 cO-9 Amdt.

63. SNL2017 cP-3.01 Amdt.

64. SNL2008 cP-7.01 Amdt.

65. SNL2006 cP-12.01 Amdt.

66. SNL2012 cP-12.2 Amdt.

67. SNL2018 cP-37.3 Amdt.

68. SNL2016 cP-41.001 Amdt.

69. RSNL1990 cP-42 Amdt.

70. SNL2018 cS-5.2 Amdt.

71. SNL2016 cS-12.3 Amdt.

72. SNL2010 cS-17.2 Amdt.

73. SNL1993 cT-4.1 Amdt.

74. SNL2009 cV-6.01 Amdt.

75. CNLR 969/96 Amdt.

76. NLR 38/15 Amdt.

77. NLR 87/09 Amdt.

78. NLR 53/18 Amdt.

79. NLR 38/11 Amdt.

80. NLR 104/09 Amdt.

81. NLR 78/19 Amdt.

82. NLR 33/18 Amdt.

83. NLR 81/16 Amdt.

84. SNL2006 cR-7.1 Rep.

85. SNL2018 cC-5.2 Rep.

86. 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 Provincial Health Authority Act.

Definitions

2. In this Act

(a) "auditor general" means the auditor general as defined in the Auditor General Act, 2021;

(b) "authority" means the Provincial Health Authority established under section 6;

(d) "by-laws" means the by-laws made by the board under section 13;

(e) "electronic health record" means a province-wide record of a patient's health care history that is available electronically;

(f) "health and community services" means health and community services as defined in the regulations;

(g) "health service provider" means health service provider as defined in the regulations;

(h) "health system" means the health and community services provided in the community, hospitals and long-term care facilities in the province;

(i) "information system" includes

(i) the information, applications and related technology that support the clinical and administrative operations of the authority and other health service providers, and

(ii) the electronic health record and components related to the electronic health record;

(j) "learning health system" means the health system where science, education, informatics, incentives, and culture are applied for continuous improvement, innovation and equity;

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

(l) "Newfoundland and Labrador Centre for Health Information" means the Newfoundland and Labrador Centre for Health Information referred to in subsection 6(2);

(m) "personal health information" means personal health information as defined in the Personal Health Information Act;

(n) "personal information" means personal information as defined in the Access to Information and Protection of Privacy Act, 2015;

(o) "quality council" means the quality council referred to in subsection 34(1);

(p) "quality council information" means information in any form that is provided to or generated for or by the quality council;

(q) "regional health authority" means a regional health authority referred to in subsection 6(2);

(r) "regional health council" means a regional health council referred to in paragraph 30(1)(b);

(s) "social determinants of health" means the conditions in which people are born, grow, live, work and age; and

(t) "trustee" means a person appointed to the board.

Objectives and priorities

3. The minister may establish objectives and priorities for the provision of health and community services and information systems 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 the authority;

(b) standards for the provision of health and community services by the authority; and

(2) Where the minister determines a health and community service or a standard under subsection (1), the authority shall comply with the minister's determination.

Ministerial directions

5. (1) The minister may provide directions to the authority or the board for one or more of the following purposes:

(a) achieving objectives and priorities as established under section 3;

(b) establishing or adopting guidelines for the authority to follow in carrying out its duties and responsibilities and the exercise of its powers under this Act;

(c) coordinating the work of the authority with the programs, policies and work of the government of the province, the agencies of the government and other persons in the provision of health and community services in the province; and

(d) any other purposes the minister considers necessary.

(2) Where the minister gives directions to the authority or the board under subsection (1), the authority or board, as the case may be, shall comply with the directions.

PART I
PROVINCIAL HEALTH AUTHORITY

Provincial Health Authority

6. (1) The Provincial Health Authority is established as a corporation without share capital for the purposes of Part XXI of the Corporations Act.

(2) The authority is the successor in law to the regional health authorities continued under the Regional Health Authorities Act and the Newfoundland and Labrador Centre for Health Information continued under the Centre for Health Information Act, 2018.

(3) The authority is exempt from section 423 of the Corporations Act.

(4) The authority is an agent of the Crown.

Authority vested

7. (1) On the date this Act comes into force

(a) title to all property and assets of a regional health authority and the Newfoundland and Labrador Centre for Health Information is vested in the authority;

(b) all title and interests to real property held in the name of a regional health authority or the Newfoundland and Labrador Centre for Health Information immediately before this Act comes into force are held in the name of the authority;

(c) the authority is charged with and assumes all of the obligations and liabilities of a regional health authority and the Newfoundland and Labrador Centre for Health Information;

(d) an agreement or contract made between a regional health authority or the Newfoundland and Labrador Centre for Health Information and another party before this Act comes into force continues in force and is binding on the authority and the other party to the agreement or contract;

(e) existing causes of action, claims and liabilities by or against a regional health authority or the Newfoundland and Labrador Centre for Health Information are unaffected;

(f) civil, criminal or administrative actions or proceedings pending by or against a regional health authority or the Newfoundland and Labrador Centre for Health Information may continue to be prosecuted by or against the authority; and

(g) a conviction against, or ruling, order or judgment in favour of or against a regional health authority or the Newfoundland and Labrador Centre for Health Information may be enforced by or against the authority.

(2) In any document, it is sufficient to cite this Act as effecting the establishment of the authority.

Continuity of employment

8. (1) The employment of an employee of a regional health authority or the Newfoundland and Labrador Centre for Health Information continues with the authority.

(2) The employment of an employee referred to in subsection (1) shall be deemed to have continued with the authority without interruption in service, and the rights, duties and obligations of the employer and employee continue accordingly, until changed by collective agreement or contract of employment.

(3) Where the employment of an employee is continued under subsection (1), nothing in this Act prevents

(a) the employment from being lawfully terminated after the continuation; or

(b) any term or condition of the employment from being lawfully changed after the continuation.

(4) Service of an employee referred to in subsection (1) with a regional health authority or the Newfoundland and Labrador Centre for Health Information is deemed to be service with the authority for the purpose of determining probationary periods, benefits or any other employment-related entitlements under any Act, at common law or under any applicable contract of employment or collective agreement.

Certain rights not affected

9. The establishment of the authority under section 6 or the continuation of the employment of employees under subsection 8(1) shall

(a) not constitute

(i) a breach, termination, repudiation or frustration of any contract, including a contract of employment or insurance,

(ii) a breach of any Act or regulation, or

(iii) an event of default or force majeure under any contract; and

(b) not give rise to

(i) a breach, termination, repudiation or frustration of any licence, permit or other right,

(ii) any right to terminate or repudiate a contract, licence or other right, or

(iii) any estoppel.

No cause of action

10. (1) An action or other proceeding does not lie or cannot be instituted against the minister, the Crown or the authority or any employees or agents of the minister, the Crown or the authority, as a direct or indirect result of the disestablishment of the regional health authorities and the Newfoundland and Labrador Centre for Health Information under this Act or any regulations, orders in council, directives, orders or decisions made under the authority of this Act.

(2) Nothing in this Act creates a cause of action in favour of a party to a contract with a regional health authority or the Newfoundland and Labrador Centre for Health Information or any of their predecessors that was entered into before the coming into force of this Act.

Board of trustees

11. (1) The management and affairs of the authority shall be directed by a board of trustees.

(2) The board shall consist of

(a) trustees appointed by the Lieutenant-Governor in Council in accordance with the regulations; and

(b) trustees appointed by the minister from the regional health councils in accordance with subsection (4).

(3) The number of trustees appointed in accordance with paragraph (2)(a) shall be prescribed in the regulations.

(4) For the purpose of paragraph (2)(b), one trustee shall be appointed from each of the regional health councils.

(5) The Lieutenant-Governor in Council shall appoint a chairperson of the board from the trustees appointed under subsection (2).

(6) The trustees may, in accordance with the by-laws, elect from among the trustees one or more vice-chairpersons.

(7) The trustees shall be appointed for a term of 3 years and may be reappointed for one further term of 3 years.

(8) Where a trustee resigns from the board or becomes unable to carry out the trustee's duties and responsibilities, a person shall be appointed in accordance with subsection (9) to replace the trustee for the remainder of the trustee's term.

(9) A person appointed under subsection (8) shall be appointed by

(a) the Lieutenant-Governor in Council, where the trustee being replaced was appointed under paragraph (2)(a); and

(b) the minister, where the trustee being replaced was appointed under paragraph (2)(b).

(10) The board may act despite a vacancy in its membership.

(11) A trustee whose term of office has expired continues to be a trustee until reappointed or replaced.

Remuneration and expenses of trustees

12. The authority shall pay its trustees the remuneration and expenses that the Lieutenant-Governor in Council may determine.

By-laws

13. (1) The 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) The 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;

(d) the duties and functions of senior medical officers of the authority; and

(e) rules and regulations governing medical staff.

Meetings

14. (1) The board shall hold

(a) an annual meeting at the time and place set out in the by-laws which shall

(i) be open to the public, and

(ii) be held not later than 6 months after the end of the fiscal year; and

(b) other meetings in accordance with the by-laws.

(2) A trustee may, in accordance with the by-laws, 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

15. (1) A majority of the trustees constitutes 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 14(2) is, for the purpose of establishing a quorum, present at the meeting.

Committees

16. The board may establish those committees composed of its trustees that it considers necessary to assist it in carrying out its duties and responsibilities and exercising its powers under this Act.

Chief executive officer

17. (1) The Lieutenant-Governor in Council shall appoint, after consultation with the board, a chief executive officer for the authority and shall determine the terms and conditions of employment of the chief executive officer.

(2) The chief executive officer, 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

18. The 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.

Responsibilities of authority re: health and community services

19. (1) The authority is responsible for the delivery and administration of health and community services in the province in accordance with this Act and the regulations.

(2) In carrying out its responsibilities, the authority shall

(a) promote and protect the health and well-being of persons in the province 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 on an ongoing basis;

(c) develop objectives and priorities for the provision of health and community services which meet the needs of the province and which are consistent with the objectives and priorities established by the minister;

(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, 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 the province;

(h) provide information to the residents of the province 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

(i) standards,

(ii) objectives, and

(iii) guidelines established or adopted under paragraph 5(1)(b);

(j) develop and maintain standards of care for the delivery of provincial programs;

(k) oversee accountability for health outcomes through monitoring and reporting on quality, safety and performance;

(l) establish a learning health system;

(m) in conjunction with the minister, develop a framework for connecting the social determinants of health with the health system at the provincial level;

(n) in conjunction with the minister, implement a provincial strategy for recruitment and retention of health professionals;

(o) comply with the direction for the delivery and administration of health and community services set by the minister;

(p) report to the minister on matters related to the delivery of health and community services when requested; and

(q) comply with directions the minister may provide.

Responsibilities of authority re: information management

20. (1) The authority is responsible for

(a) providing assistance and support to individuals, communities, other health service providers and policy makers at federal, provincial and regional levels to enhance the health and well-being of persons in the province through the planning and delivery of health and community services by

(i) developing, operating and managing a comprehensive and aligned information system that fully integrates and uses data and health information from all components of the health and community services system for the delivery of health care and health system planning,

(ii) developing data and technical standards and keeping them up-to-date,

(iii) managing provincial health data and information assets,

(iv) preparing health reports and conducting applied health research and evaluation, and

(v) providing health analytics and decision support services;

(b) protecting the privacy of individuals whose personal information or personal health information is collected, used, disclosed, stored or disposed of by the authority in accordance with the Access to Information and Protection of Privacy Act, 2015 and the Personal Health Information Act;

(i) standards,

(ii) objectives, and

(iii) guidelines established or adopted under paragraph 5(1)(b);

(d) providing the minister with information, when requested, to enhance the health and well-being of persons in the province through the planning and delivery of health and community services; and

(e) carrying out other responsibilities prescribed by the regulations.

(2) The information system referred to in subparagraph (1)(a)(i) shall

(a) protect the confidentiality and security of personal information and personal health information that is collected, used, disclosed, stored or disposed of by the authority;

(b) provide accurate and current information;

(d) be flexible and responsive to the changing requirements of the system.

(3) In carrying out its responsibilities the authority shall comply with directions the minister may provide.

Authority's powers

21. (1) The 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

(i) for health and community services directly to the person who received the services, and

(ii) for preparing health reports and conducting applied health research and evaluation under subparagraph 20(1)(a)(iv);

(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 (Canada) in accordance with the regulations; and

(g) exercise the other powers that are necessary to carry out its duties and responsibilities and exercise its powers under this Act.

(2) The authority may, with the approval of the minister,

(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;

(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; and

(d) make investments and loans for the purposes of subsection 20(1).

(3) The authority may borrow money for one or more of the following purposes:

(a) carrying out its day to day operations;

(b) acquiring real property for the use of the authority;

(d) a purpose prescribed in the regulations.

(4) The authority may enter into agreements with other organizations or governments respecting the provision of health and community services or information systems by, through or in cooperation with those organizations or governments.

(5) The authority may, with the approval of the minister, engage in health innovation and economic development.

Funding for the authority

22. (1) The minister may provide funding to the authority for the purpose of this Act out of money appropriated by the legislature for that purpose.

(2) Money provided to the 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

23. The minister may withhold a payment, or part of a payment, to the authority until the authority has complied with this Act, the regulations or a direction of the minister given under section 5.

Fiscal year

24. The fiscal year of the authority is April 1 to the following March 31.

Budget

25. (1) The 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 any changes that the minister may require.

(3) Except with the prior approval of the minister, the 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 the authority becomes liable for an indebtedness contrary to subsection (3), the minister may dismiss some or all of the trustees.

(5) Where the minister dismisses a trustee under subsection (4), the trustee does not have a cause of action against the Crown nor a right to compensation as a result of the dismissal.

Auditor

26. The auditor general shall, in accordance with section 19 of the Auditor General Act, 2021, annually, audit the records, accounts and financial transactions of the authority.

Review or audit by minister

27. (1) The authority shall keep accounts and other financial records and information as required by the regulations.

(2) The 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) The 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 the 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.

28. Where requested to do so by the minister, the authority shall provide the minister with the records, reports and other documents the minister specifies in the request.

Appointment of administrator

29. (1) Where the 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 trustees shall cease to hold office and the trustees and the board shall no longer direct the affairs of the authority or carry out the duties and responsibilities or exercise the powers or conferred on the board by this Act.

PART II
REGIONAL HEALTH COUNCILS

Regional health councils

30. (1) The Lieutenant-Governor in Council shall, in accordance with the regulations, establish

(a) health regions in the province; and

(b) a regional health council for each health region.

(2) A regulation made under subsection (1) shall

(a) name the health regions and describe their boundaries;

(b) name the regional health council for each health region; and

(c) prescribe the appointment of members, terms of office, composition, terms of reference, and other matters relating to the regional health council.

Reimbursement of expenses

31. Members of a regional health council shall be reimbursed by the authority for expenses incurred by the member in carrying out duties under this Act, as determined by the Lieutenant-Governor in Council.

Duties of regional health councils

32. (1) A regional health council shall

(a) develop an annual plan to provide advice and recommendations to the authority on the delivery of health and community services in its health region;

(b) engage with Indigenous governments and organizations in its health region in the development of its annual plan under paragraph (a); and

(c) engage with social and health networks in its health region that are established to influence health and health outcomes.

(2) A regional health council shall report annually to the authority on the exercise and performance of its duties under this Act.

(3) In addition to annual reports under subsection (2), a regional health council shall provide other reports to the authority where required by the minister.

Funding of regional health councils

33. (1) The authority may provide funding to a regional health council for the purposes of this Act.

(2) Money provided to a regional health council for a particular purpose shall not be expended by the regional health council for another purpose without the prior approval of the minister.

PART III
QUALITY COUNCIL

Quality council

34. (1) The Lieutenant-Governor in Council shall, by regulation, establish a quality council.

(2) The appointment of members, terms of office, composition, terms of reference and other matters relating to the quality council shall be prescribed in the regulations.

Reimbursement of expenses

35. Members of the quality council shall be reimbursed by the authority for expenses incurred by the member in carrying out duties under this Act, as determined by the Lieutenant-Governor in Council.

Duties of quality council

36. (1) The quality council shall

(a) provide written reports to the minister regarding the quality and performance of the health system;

(b) provide written reports to the minister on any other matter as requested by the minister;

(d) provide leadership for the learning health system;

(e) develop standards for the governance, use, collection, disclosure, release, storage or disposition of data by the authority; and

(f) carry out other duties that may be prescribed in the regulations.

(2) A report provided under paragraph (1)(a) or (b) shall not include personal information or personal health information.

(3) In carrying out its duties under this Act and the regulations the quality council may provide reports, advice or recommendations to the minister or the authority.

Funding of quality council

37. (1) The minister may provide funding to the quality council for the purposes of this Act out of money appropriated by the legislature for that purpose.

(2) Money provided to the quality council for a particular purpose shall not be expended by the quality council for another purpose without the prior approval of the minister.

Duties of authority re: quality council

38. (1) The authority shall

(a) provide information to the quality council, when requested, to allow the quality council to carry out its duties and responsibilities;

(b) set a process, in accordance with the regulations, for reviewing reports, advice and recommendations received from the quality council for the purpose of reducing or mitigating risks identified by the quality council;

(d) report to the minister in the form and manner prescribed in the regulations respecting a report, advice or recommendations received from the quality council.

(2) Where the authority does not implement advice or recommendations received from the quality council, the authority shall notify the minister within the time period prescribed in the regulations.

Quality council information to minister

39. (1) The minister may direct the authority to provide to the minister, in the form set by the minister, information related to reports, advice or recommendations received from the quality council.

(2) Information provided under subsection (1) shall not include personal information or personal health information.

Release of reports, advice or recommendations by minister or authority

40. (1) The minister shall release a report received under paragraph 36(1)(a) to the public.

(2) The minister or the authority may release reports, advice or recommendations received from the quality council that do not include personal information or personal health information.

PART IV
GENERAL

No cause of action

41. An action for damages does not lie against the minister, a trustee, an officer or an employee of the authority, a member of a regional health council or a member the quality council 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.

Delegation

42. The minister may, in accordance with the regulations, delegate a duty or power to the authority where the duty or power is conferred on the minister by an Act of the province and it is necessary or incidental for the authority to provide a health or community service.

Regulations

43. The Lieutenant-Governor in Council may make regulations

(a) defining "health and community services" for the purpose of paragraph 2(f);

(b) defining "health service provider" for the purpose of paragraph 2(g);

(d) prescribing the number of trustees to be appointed to the board;

(e) respecting the manner in which health and community services are provided by the authority;

(f) prescribing other responsibilities for the purposes of paragraph 20(1)(e);

(g) prohibiting the charging of fees for the purposes of paragraph 21(1)(d);

(h) respecting the establishment of charitable foundations by the authority;

(i) prescribing purposes for which the authority may borrow money;

(j) respecting accounts and other financial records and information that the authority is required to keep;

(k) establishing health regions;

(l) establishing regional health councils including the appointment of members, terms of office, composition, terms of reference and other matters relating to regional health councils;

(m) establishing a quality council including the appointment of members, terms of office, composition, terms of reference and other matters relating to the quality council;

(n) prescribing other duties of the quality council for the purpose of paragraph 36(1)(f);

(o) respecting the process for the authority's review of reports and advice received from the quality council;

(p) prescribing the form and manner of a report for the purpose of paragraph 38(1)(d);

(q) prescribing a time period for the purpose of subsection 38(2);

(r) respecting the delegation of a duty or power for the purpose of section 42;

(s) defining a word or expression used but not defined in this Act; and

(t) generally, to give effect to the purpose of this Act.

SNL2022 cA-1.03 Amdt.

44. (1) Paragraph 2(c) of the Access to Health and Educational Services Act is amended by deleting the words "a regional health authority" and substituting the words "the Provincial Health Authority".

(2) Paragraph 2(d) of the Act is amended by deleting the words "a regional health authority" wherever they appear and substituting the words "the Provincial Health Authority".

(3) Paragraph 2(f) of the Act is repealed and the following substituted:

(f) "Provincial Health Authority" means the Provincial Health Authority established under the Provincial Health Authority Act; and

SNL2015 cA-1.2 Amdt.

45. (1) Subparagraph 2(k)(i) of the Access to Information and Protection of Privacy Act, 2015 is repealed and the following substituted:

(i) the authority as defined in the Provincial Health Authority Act,

(2) Subparagraph 2(k)(iii) of the Act is repealed.

SNL2021 cA-1.001 Amdt.

46. Subparagraph 2(1)(o)(vii) of the Accessibility Act is repealed and the following substituted:

(vii) the authority as defined in the Provincial Health Authority Act,

SNL2011 cA-4.01 Amdt.

47. (1) Paragraph 2(d) of the Adult Protection Act is repealed and the following substituted:

(d) "authority" means the Provincial Health Authority established under the Provincial Health Authority Act;

(2) Paragraph 4(1)(a) of the Act is repealed and the following substituted:

(a) a facility operated by the authority;

(3) The Act is amended by deleting the words "an authority" wherever they appear and substituting the words "the authority".

SNL2021 cA-4.02 Amdt.

48. (1) Paragraph 2(d) of the Adult Protection Act, 2021 is repealed and the following substituted:

(d) "authority" means the Provincial Health Authority established under the Provincial Health Authority Act;

(2) Paragraph 4(1)(a) of the Act is repealed and the following substituted:

(a) a facility operated by the authority;

(3) The Act is amended by deleting the words "an authority" wherever they appear and substituting the words "the authority".

SNL2001 cC-12.01 Amdt.

49. The Schedule to the Child and Youth Advocate Act is amended by deleting the reference "A regional health authority established under the Regional Health Authorities Act" and substituting the reference "The Provincial Health Authority established under the Provincial Health Authority Act".

SNL2009 cC-14.01 Amdt.

50. Subsection 39(5) of the Chiropractors Act, 2009 is repealed and the following substituted:

(5) For the purpose of this section "hospital" means a hospital operated by the Provincial Health Authority under the Provincial Health Authority Act.

SNL2001 cC-14.1 Amdt.

51. The Schedule to the Citizens' Representative Act is amended by

(a) deleting the reference "A hospital board or authority as defined in the Hospitals Act";

(b) deleting the reference "A health and community services board incorporated under the Health and Community Services Act";

(d) adding immediately after the reference "Provincial Apprenticeship Board" the reference "Provincial Health Authority".

RSNL1990 cC-25 Amdt.

52. Subsection 7(1) of the Commissioner for Oaths Act is repealed and the following substituted:

Other commissioners

7. (1) While they hold office and by virtue of their office, all employees employed by the government and designated by a minister, or employed by the Provincial Health Authority established under the Provincial Health Authority Act and designated by the chief executive officer of the Provincial Health Authority, are commissioners for oaths and shall be so styled and may exercise within the province the powers conferred by this Act.

SNL2018 cE-7.3 Amdt.

53. (1) Section 2 of the Emergency Health and Paramedicine Services Act is amended by adding immediately after paragraph (p) the following:

(p.1) "Provincial Health Authority" means the Provincial Health Authority established under the Provincial Health Authority Act;

(2) Paragraph 2(r) of the Act is repealed.

(3) Paragraph 6(2)(c) of the Act is amended by deleting the words "each regional health authority" and substituting the words "the Provincial Health Authority".

(4) Subsection 9(2) of the Act is repealed and the following substituted:

(2) The Provincial Health Authority or another crown agent shall not provide emergency and paramedicine services unless the Provincial Health Authority or crown agent holds a valid operator licence issued under this Act.

(5) The Act is amended by deleting the words "a regional health authority" wherever they appear and substituting the words "the Provincial Health Authority".

RSNL1990 cE-16 Amdt.

54. Subparagraph 8.1(1)(a)(ii) of the Evidence Act is repealed and the following substituted:

(ii) person or committee, including a disciplinary committee, mandated to review the clinical competency of a health care provider of the Provincial Health Authority established under the Provincial Health Authority Act, or

SNL2011 cG-7.1 Amdt.

55. Subparagraph 2(b)(i) of the Gunshot and Stab Wound Reporting Act is repealed and the following substituted:

(i) a facility operated by the Provincial Health Authority established under the Provincial Health Authority Act,

SNL1995 cP-37.1 Amdt.

56. Section 4.01 of the Health and Community Services Act is repealed and the following substituted:

Release of information

4.01 Either

(a) a board established under section 4; or

(b) the department

may release information, including personal information as defined in the Access to Information and Protection of Privacy Act, 2015, to the Provincial Health Authority in accordance with the Provincial Health Authority Act and regulations made under that Act.

SNL2006 cH-1.2 Amdt.

57. The Health Research Ethics Authority Act is amended by deleting the words "Eastern Regional Health Authority" wherever they appear and substituting the words "Provincial Health Authority".

SNL2016 cI-2.1 Amdt.

58. The Schedule to the Independent Appointments Commission Act is amended by

(a) deleting the statutory appointment reference "Centre for Health Information Act, 2018, subsections 7(2) and 13(1)";

(b) adding immediately after the statutory appointment reference "Pippy Park Commission Act, paragraph 4(1)(a) and subsection 12(1)" the statutory appointment reference "Provincial Health Authority Act, paragraph 11(2)(a), subsection 11(5) and subsection 17(1)"; and

(c) deleting the statutory appointment reference "Regional Health Authorities Act, subsections 8(1) and (2) and subsection 14(1)".

SNL2011 cM-4.02 Amdt.

59. Paragraph 66(3)(a) of the Medical Act, 2011 is repealed.

SNL2016 cM-5.01 Amdt.

60. Paragraph 4(1)(j) of the Medical Care and Hospital Insurance Act is repealed and the following substituted:

(j) for the purpose of releasing information, including personal health information as defined in the Personal Health Information Act, to the Provincial Health Authority in accordance with the Provincial Health Authority Act and regulations made under that Act; or

SNL1999 cM-24 Amdt.

61. (1) Subsection 131(7) of the Municipalities Act, 1999 is amended by deleting the words "authorities as defined in the Regional Health Authorities Act" and substituting the words "the authority as defined in the Provincial Health Authority Act".

(2) Subsection 131(8) of the Act is repealed and the following substituted:

(8) Notwithstanding section 130 and subsections (1), (2) and (7), the minister may make regulations to establish a water and sewage tax rate applicable to and a maximum allowable amount of water and sewage tax payable by the owner of real property located inside or outside a municipality that is connected to the water system or sewage system of that municipality or to both where that real property is the location of

(a) a school operated under the Schools Act, 1997;

(b) the authority as defined in the Provincial Health Authority Act; and

and a tax rate imposed in accordance with this subsection shall be considered to have been imposed, with the necessary changes, under sections 130 and subsections (1), (2) and (7).

SNL2014 cO-9 Amdt.

62. The Schedule to the Other Post-Employment Benefits Eligibility Modification Act is amended by

(a) deleting the reference "Central Regional Health Authority";

(b) deleting the reference "Eastern Regional Health Authority";

(d) deleting the reference "Newfoundland and Labrador Centre for Health Information";

(e) adding immediately after the reference "Provincial Advisory Council on the Status of Women – Newfoundland and Labrador" the reference "Provincial Health Authority"; and

(f) deleting the reference "Western Regional Health Authority".

SNL2017 cP-3.01 Amdt.

63. (1) Paragraph 2(b) of the Patient Safety Act is amended by deleting the words "Regional Health Authorities Act" and substituting the words "Provincial Health Authority Act".

(2) Section 2 of the Act is amended by adding immediately after paragraph (o) the following:

(o.1) "Provincial Health Authority" means the Provincial Health Authority established under the Provincial Health Authority Act;

(3) Paragraph 2(u) of the Act is repealed.

(4) Subsections 10(5) and (6) of the Act are repealed.

(5) The Act is amended by

(a) deleting the words "a regional health authority" wherever they appear and substituting the words "the Provincial Health Authority";

(b) deleting the words "the regional health authority" wherever they appear and substituting the words "the Provincial Health Authority";

(c) deleting the words "Every regional health authority" wherever they appear and substituting the words "The Provincial Health Authority"; and

(d) deleting the words "regional health authorities" wherever they appear and substituting the words "the Provincial Health Authority".

SNL2008 cP-7.01 Amdt.

64. (1) Paragraph 2(1)(b) of the Personal Health Information Act is repealed and the following substituted:

(b) "authority" means the Provincial Health Authority established under the Provincial Health Authority Act;

(2) Paragraph 2(1)(c) of the Act is repealed.

(3) Paragraph 4(1)(i) of the Act is repealed.

(4) The Act is amended by deleting the words "an authority" wherever they appear and substituting the words "the authority".

SNL2006 cP-12.01 Amdt.

65. Paragraph 4(1)(e) of the Pharmaceutical Services Act is repealed and the following substituted:

(e) at the discretion of the minister, to the Provincial Health Authority established under the Provincial Health Authority Act;

SNL2012 cP-12.2 Amdt.

66. (1) Paragraph 2(g) of the Pharmacy Act, 2012 is repealed and the following substituted:

(g) "hospital" means a hospital operated by the Provincial Health Authority under the Provincial Health Authority Act;

(2) Subsection 3(2) of the Act is amended by deleting the words "a regional health authority" and substituting the words "the Provincial Health Authority".

SNL2018 cP-37.3 Amdt.

67. (1) Section 2 of the Public Health Protection and Promotion Act is amended by adding immediately after paragraph (v) the following:

(v.1) "Provincial Health Authority" means the authority as defined in the Provincial Health Authority Act;

(2) Paragraph 2(dd) of the Act is repealed.

(3) Paragraphs 7(2)(a) and (b) of the Act are repealed and the following substituted:

(a) require the Provincial Health Authority to prepare a public health plan every 5 years in accordance with the regulations that sets out the goals and objectives related to the core function areas of public health to be met during the period covered by the plan;

(b) require the Provincial Health Authority to compile and report information concerning the quality of core public health programs and services provided or undertaken by or under the authority of the Provincial Health Authority, including health indicators, as prescribed by the regulations;

(4) The Act is amended by deleting the words "a regional health authority" wherever they appear and substituting the words "the Provincial Health Authority".

SNL2016 cP-41.001 Amdt.

68. Subparagraph 2(q)(vii) of the Public Procurement Act is repealed and the following substituted:

(vii) the Provincial Health Authority established under the Provincial Health Authority Act, and

RSNL1990 cP-42 Amdt.

69. Subparagraph 2(1)(i)(vii) of the Public Service Collective Bargaining Act is repealed and the following substituted:

(vii) the Provincial Health Authority established under the Provincial Health Authority Act,

SNL2018 cS-5.2 Amdt.

70. The Schedule to the Salary Restraint and Extinguishment of Severance Pay Act is amended by

(a) deleting the reference "Central Regional Health Authority";

(b) deleting the reference "Eastern Regional Health Authority";

(d) deleting the reference "Newfoundland and Labrador Centre for Health Information";

(e) adding immediately after the reference "Provincial Advisory Council on the Status of Women" the reference "Provincial Health Authority"; and

(f) deleting the reference "Western Regional Health Authority".

SNL2016 cS-12.3 Amdt.

71. Subsection 34(5) of the Secure Withdrawal Management Act is amended by deleting the words "an authority as defined in the Regional Health Authorities Act" and substituting the words "the authority as defined in the Provincial Health Authority Act".

SNL2010 cS-17.2 Amdt.

72. Section 19 of the Social Workers Act is amended by deleting the words "a regional health authority" and substituting the words "the Provincial Health Authority".

SNL1993 cT-4.1 Amdt.

73. Paragraph 4.1(1)(c) of the Tobacco and Vapour Products Control Act is repealed and the following substituted:

SNL2009 cV-6.01 Amdt.

74. Paragraph 41(2)(a) of the Vital Statistics Act, 2009 is repealed and the following substituted:

(a) the Provincial Health Authority in accordance with the Provincial Health Authority Act and regulations made under that Act;

CNLR 969/96 Amdt.

75. Item 44 in Schedule B to the Consolidated Orders under the Public Service Collective Bargaining Act is repealed.

NLR 38/15 Amdt.

76. (1) Subparagraph 2(1)(z)(iii) of the Medical Regulations under the Medical Act, 2011 is repealed and the following substituted:

(iii) the Provincial Health Authority established under the Provincial Health Authority Act,

(2) Paragraph 19(1)(c) of the regulations is repealed and the following substituted:

(c) the Provincial Health Authority, acting upon the advice of or after consultation with the Medical Advisory Committee, advises the college that the proposed sponsorship will satisfy a community need.

(3) The regulations are amended by deleting the words "a regional health authority" wherever they appear and substituting the words "the Provincial Health Authority".

NLR 87/09 Amdt.

77. Section 2 of the Memorial University Traffic Regulations under the Memorial University Act is amended by deleting the words "Eastern Regional Integrated Health Authority" wherever they appear and substituting the words "Provincial Health Authority".

NLR 53/18 Amdt.

78. (1) Paragraph 2(d) of the Monitored Drugs Regulations under the Prescription Monitoring Act is amended by deleting the words "a regional health authority" and substituting the words "the Provincial Health Authority".

(2) Paragraph 2(f) of the regulations is repealed and the following substituted:

(f) "Provincial Health Authority" means the Provincial Health Authority established under the Provincial Health Authority Act; and

NLR 38/11 Amdt.

79. (1) Subsection 4(2) of the Personal Health Information Regulations under the Personal Health Information Act is amended by deleting the words "Eastern Regional Integrated Health Authority" and substituting the words "Provincial Health Authority".

(2) Subsection 4(3) of the regulations is amended by deleting the words "Newfoundland and Labrador Centre for Health Information" and substituting the words "Provincial Health Authority".

(3) The regulations are amended by deleting the words "Centre for Health Information" wherever they appear and substituting the words "Provincial Health Authority".

NLR 104/09 Amdt.

80. (1) Paragraph 2(b) of the Pharmacy Network Regulations under the Personal Health Information Act is repealed and the following substituted:

(b) "authority" means the Provincial Health Authority established under the Provincial Health Authority Act.

(2) Section 3 of the regulations is amended by deleting the words "Centre for Health Information" and substituting the word "authority".

(3) Section 4 of the regulations is amended by

(a) deleting the words "Centre for Health Information" and substituting the word "authority"; and

(b) deleting the word "centre" and substituting the word "authority".

NLR 78/19 Amdt.

81. (1) Paragraph 2(e) of the Prescription Monitoring Regulations under the Prescription Monitoring Act is repealed.

(2) Section 2 of the regulations is amended by deleting the word "and" at the end of paragraph (g), deleting the period at the end of paragraph (h) and adding a semi colon and the word "and" and by adding immediately after paragraph (h) the following:

(i) "Provincial Health Authority" means the Provincial Health Authority established under the Provincial Health Authority Act.

(3) Sections 4 to 8 of the regulations are amended by deleting the words "Newfoundland and Labrador Centre for Health Information" wherever they appear and substituting the words "Provincial Health Authority".

NLR 33/18 Amdt.

82. Subparagraph 3(1)(a)(i) of the Procurement Advisory Council Regulations under the Public Procurement Act is repealed and the following substituted:

(i) the Provincial Health Authority established under the Provincial Health Authority Act,

NLR 81/16 Amdt.

83. The Schedule to the Public Sector Compensation Transparency Regulations under the Public Sector Compensation Transparency Act is amended by

(a) deleting the reference "Central Regional Health Authority";

(b) deleting the reference "Eastern Regional Health Authority";

(d) deleting the reference "Newfoundland and Labrador Centre for Health Information";

(e) adding immediately after the reference "Provincial Advisory Council on the Status of Women" the reference "Provincial Health Authority"; and

(f) deleting the reference "Western Regional Health Authority".

SNL2006 cR-7.1 Rep.

84. The Regional Health Authorities Act is repealed.

SNL2018 cC-5.2 Rep.

85. The Centre for Health Information Act, 2018 is repealed.

Commencement

86. This Act comes into force on April 1, 2023.