Interpretation and application
1(1) In this Regulation,
“effective date” means the date on which the assets or property of an existing
health authority becomes the assets or property of the regional health
authority by reason of an agreement or order under the Hospitals Act,
the Public Health Act or any other enactment.
(2) Where there is a
conflict between this Regulation and any applicable provision of another
regulation under this or any other Act, this Regulation is paramount.
(3) This Regulation applies
only in respect of assets and property of an existing health authority that
become assets and property of a regional health authority by reason of an
enactment or order referred to in subsection (1).
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Requisitioned and donated funds
2(1) Where the
regional health authority acquires requisitioned funds or funds donated to the
existing health authority by a municipality that are standing to the credit of
the existing health authority on the effective date, the regional health
authority must
(a) use the funds for the purpose for which they
were going to be used by the existing health authority, or
(b) return the funds to the municipality that
paid them.
(2) Where the funds
referred to in subsection (1) were held by the existing health authority for an
ongoing approved capital project, the regional health authority must spend the
funds on or commit the funds to the project within 2 years after the effective
date or return the funds to the municipality that paid them.
(3) If the regional health
authority decides under subsection (2) not to continue with the ongoing
approved capital project it must forthwith return the funds to the municipality
that paid them.
(4) Where the funds
referred to in subsection (1) were held by the existing health authority for an
approved capital project that was deferred as of the effective date, the
regional health authority must forthwith return the funds to the municipality
that paid them.
Other donated funds
3(1) Where the
regional health authority acquires from an existing health authority donated
money that is subject to trust conditions, the regional health authority must
(a) use the money in accordance with the trust
conditions, or
(b) return the money to the donor.
(2) Despite subsection
(1)(b) where the regional health authority chooses to return the money to the
donor but the donor no longer exists or cannot reasonably be identified, the
regional health authority must use the money for a purpose that is similar to
the purpose for which it was donated, and that purpose
(a) must be for the benefit of the community or
facility that was intended to be benefitted by the money, and
(b) must not be a purpose that will require
future incremental funding from the Government.
(3) Where the regional
health authority acquires donated money that is not subject to any trust
conditions, it may use the money for any purpose within the scope of its
responsibilities, but that purpose
(a) must be for the benefit of the community or
facility that was intended to be benefitted by the money, and
(b) must not be a purpose that will require
future incremental funding from the Government.
Foundation funds
4 Where the
regional health authority acquires funds that were transferred to the existing
health authority by a foundation, the regional health authority may use the
funds for any purpose within the scope of its responsibilities, but that
purpose
(a) must be for the benefit of the community or
facility that was intended to be benefitted by the funds, and
(b) must not be a purpose that will require
future incremental funding from the Government.
Income from operations
5 Where the
regional health authority acquires funds that were raised through income from
the ancillary operations of the existing health authority, the regional health
authority may use the funds for any purpose within the scope of its responsibilities,
but that purpose
(a) must be for the benefit of the community or
facility in which the income was generated, and
(b) must not be a purpose that will require
future incremental funding from the Government.
Capital assets
6(1) Where the
regional health authority acquires capital assets or equipment that was
(a) donated to the existing health authority, or
(b) acquired by the existing health authority
with funds raised through donations or through income from the ancillary
operations of the existing health authority or acquired from a foundation
the
regional health authority shall, subject to this section, continue to use the
assets or equipment for the benefit of the community or facility that was
intended to be benefitted by the assets or equipment.
(2) The regional health
authority may not move the capital assets or equipment referred to in
subsection (1) to another location outside the community or facility, or sell
or otherwise dispose of the capital assets or equipment, without the approval
of the person who donated the capital assets or equipment or who donated the
funds with which the capital assets or equipment were acquired.
(3) If the person referred
to in subsection (2) no longer exists or cannot reasonably be identified, the
regional health authority must use the capital assets or equipment in the
community for a purpose that is similar to the purpose for which the capital
assets or equipment was donated or acquired.
(4) Where capital assets or
equipment is sold or otherwise disposed of under subsection (2), the regional
health authority shall use the proceeds of the sale or other disposition to
benefit the community where the capital assets or equipment was located.
(5) Where a regional health
authority closes a facility and assets or equipment in the facility were
acquired in the circumstances described in subsection (1) the regional health
authority shall use the proceeds of the disposition of the assets or equipment
to benefit the community where the facility was located.
(6) A regional health
authority is not obliged to provide funding from its operating budget to
operate capital assets or equipment referred to in subsection (1).
Restriction on use of funds
7 No regional
health authority shall use donated funds referred to in section 3, funds
referred to in section 4 or 5 or proceeds under section 6(4) to replace any
part of the operating budget for services or programs provided to the community
or facility by the regional health authority.
Accounting
8 Where the
regional health authority acquires funds in the circumstances described in
section 2, 3, 4 or 5, it must
(a) keep those funds in an interest‑bearing
account, and
(b) keep separate records as to the receipt and
disbursement of those funds.
Payment of interest
9 Where this Regulation
gives authority to spend funds or requires that such funds be paid to any
person, the authority or the requirement includes the authority or requirement
to spend or pay interest accruing on the funds after the effective date.
RHA boundary adjustments
10 Notwithstanding
section 1, where as a result of a change in the boundaries of 2 health regions
in an order of the Minister under section 2 of the Act assets or property of
one regional health authority becomes the assets or property of another regional
health authority, this Regulation applies, with all necessary modifications, in
respect of the assets and property in the same way as it would apply if the 2
regional health authorities were an existing health authority and regional
health authority respectively.
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