24 Special
committees
25 Facility
committee
26 Scientific
committee
27 Medical
committee
28 Board
bylaws
29 Hospitals
Act
Part 2
Cancer Registry
30 Definition
30.1 Paramountcy
31 Cancer
registry
32 Confidentiality
33 Purposes
of cancer registry
34 Duty
to report
35 Agreements
36 Use
and disclosure of information
37 Offences
38 Regulations
Part 3
Alberta Cancer Foundation
39 Definitions
40 Establishment
and composition
41 Chair
42 Bylaws
and meetings
43 Objects
44 Transfer
of property
45 Transfer
of board property
46 Prohibition
of dividends and remuneration
47 Audit, fiscal
year and annual report
48 Trust
corporation status
49 Winding‑up
50 Regulations
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “board”
means the Alberta Cancer Board;
(b) “hospital”
means a provincial cancer hospital;
(c) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(d) “out‑patient
clinic” means a clinic for persons who are not in‑patients and who are suspected
of having cancer or who have or have had cancer;
(e) “scientific staff” means the scientists
appointed by the board in accordance with the bylaws to serve as scientific
staff.
RSA 1980 cC‑1
s1;1982 c10 s3;1983 c81 s2;
1989 cD‑21.5 s13;1992 c11 s2
Regulations Act
2 The Regulations
Act does not apply to
(a) the
bylaws of the board or of the Alberta Cancer Foundation, or
(b) an order made by the Minister under section
16.1.
RSA 2000 cC‑2
s2;2003 c42 s3
Part 1
General
Financial assistance
3 The Lieutenant Governor in Council may
provide financial assistance to promote and encourage programs and measures for
the prevention of cancer or for cancer research.
RSA 1980 cC‑1 s2
Alberta Cancer Board
4(1) The Provincial Cancer Hospitals Board is continued
as a corporation with the name of Alberta Cancer Board, consisting of persons
appointed as members under section 5.
(2) The
objects of the board are
(a) to
establish and operate provincial cancer hospitals, out‑patient clinics
and programs for
(i) the prevention, detection and diagnosis of cancer,
(ii) the treatment and care of cancer patients, and
(iii) cancer research;
(b) to
co‑ordinate, in co‑operation with others, the planning, development
and delivery of services for cancer patients;
(c) to educate persons about cancer.
RSA 1980 cC‑1
s4;1982 c10 s4;1983 c81 s2;1992 c11 s4
Board membership
5(1) The board shall consist of not fewer than 7 and
not more than 11 members appointed by the Minister.
(2) The
Minister, when appointing a member, shall prescribe the term of office of that
member.
(3) On
the removal of a member or on the creation of a vacancy on a board by
resignation or death, the Minister may appoint a person to fill the vacancy.
(4) The Minister shall appoint one of the members of
the board as its chair and shall prescribe the member’s term of office as
chair.
RSA 1980 cC‑1
s5;1992 c11 s5
Location of hospitals
6 With the approval of the Minister, the board may
establish one or more hospitals at any place or places in Alberta it considers
advisable.
RSA 1980 cC‑1 s6
Control of hospitals,
clinics and programs
7(1) Subject to subsection (2), the board has full
control of and responsibility for its hospitals, out‑patient clinics and
programs and all matters pertaining to the operation of them.
(2) If an out‑patient clinic is located in a
hospital that is not a provincial cancer hospital or in a facility that is not
operated by the board, the board and the board of the other hospital or
facility shall enter into an agreement respecting the operation of the out‑patient
clinic.
1992 c11 s6
Duties of board
8(1) Subject to any order, regulation or agreement
made pursuant to section 21, the board shall
(a) hold,
administer and manage the property and assets of the board;
(b) operate
hospitals for the detection and diagnosis of cancer, the treatment and care of
cancer patients and cancer research;
(c) operate
out‑patient clinics for the detection and diagnosis and treatment of
cancer in conjunction with the hospitals and at other places in Alberta;
(d) operate
programs for the detection and diagnosis of cancer and the treatment and care
of cancer patients;
(e) provide
equipment for the operation of the hospitals and out‑patient clinics;
(f) employ
medical and surgical personnel and other health service personnel, scientific
personnel and administrative and clerical staff for the operation of its
hospitals, out‑patient clinics and programs;
(g) provide
facilities for medical attendance, nursing, food and medicine;
(h) provide
for the remuneration of all employees of the board and prescribe their duties;
(i) establish
a schedule of fees for payment of authorized services provided by physicians.
(2) Subject to section 9, the board may use a
hospital, out‑patient clinic or program for the purpose of educating
persons about cancer.
RSA 1980 cC‑1
s7;1983 c81 s2;1992 c11 s7
Programs for education
and training
9 The board may, with the approval of and
subject to any conditions prescribed by the Minister, provide professional and
technical education and training programs for the prevention, detection and
diagnosis of cancer and for the treatment and care of cancer patients.
1992 c11 s8
Non-cancerous diseases
or conditions
10 The board may allow a hospital or out‑patient
clinic to be used for the examination, diagnosis and treatment of persons who
have any non‑cancerous disease or condition if the examination, diagnosis
or treatment requires the specialized equipment or expertise available at the
hospital or out‑patient clinic.
1992 c11 s8
Chief executive officer
11(1) The board shall, with the approval of the
Minister, appoint a chief executive officer.
(2) The board shall establish the duties of the
chief executive officer.
RSA 1980 cC‑1
s8;1992 c11 s9
Powers of board
12(1) In addition to its powers under any other Act,
the board may
(a) acquire
and hold real property,
(b) accept
subscriptions, donations, devises and bequests, whether of real or personal
property,
(c) pay
a member of the board an amount determined by the Minister for each meeting of
the board attended by the member, and necessary travelling expenses, and
(d) do
all other things that may be necessary to carry out the objects of the board.
(2) The board, with the approval of the Minister
and to the extent permitted by the Minister, may from time to time borrow money
from any person or treasury branch for the purpose of meeting its obligations
as they become due, and give any security for repayment in any manner that the
board considers proper.
RSA 1980 cC‑1
s9;1983 c81 s2;1992 c11 s10
Delegation
13(1) Subject to subsection (2), the board may
delegate any of its powers and duties to any of its employees or staff, to any
person on the medical, scientific or professional staff of its hospitals or out‑patient
clinics or to any committee established by the board.
(2) The board may not delegate the power to make
bylaws.
1981 c64 s2;1984 c10
s3;1992 c11 s11;1994 c19 s3;
1996 c6 s13
Information to Minister
14(1) The board shall send a copy of the minutes of
its meetings to the Minister.
(2) The
board shall, in accordance with the regulations, prepare a budget for each
fiscal year and send a copy of the budget to the Minister.
(3) The board shall, in accordance with the
regulations, provide the Minister with the information that the Minister
requires on any matter relating to the board’s operations.
1992 c11 s12
Management of hospitals
15(1) The board may make bylaws governing the
management, control and operation of its hospitals.
(2) The
board shall send to the Minister a copy of the bylaws made under subsection
(1), including any amendments to or repeal of them.
(3) The board may, with the approval of the
Minister, fix a schedule of charges from time to time for special or extra
services that are provided by hospitals and out‑patient clinics.
RSA 1980 cC‑1
s10;1992 c11 s13
Drug program
16 The board may, subject to the
regulations, provide drugs specified by the Minister under section 16.1 for the
treatment of cancer patients.
RSA 2000 cC‑2
s16;2003 c42 s3
Schedule of cancer drugs
16.1 The Minister may by order establish a
schedule of cancer drugs specifying drugs for the treatment of cancer patients
and the conditions of the use of those drugs.
2003 c42 s3
Pharmaceuticals
17 The board may, with the approval of and
subject to any conditions prescribed by the Minister, establish and operate
facilities for the manufacture, purchase or sale of pharmaceuticals or radio‑pharmaceuticals
for use in research, diagnosis, treatment or care.
RSA 1980 cC‑1
s11;1982 c10 s5;1992 c11 s15
Accounts
18(1) The accounts of the board shall be made up to
March 31 of each year or at any other times that may be required by the
Minister.
(2) Whenever
the accounts are made up there shall be prepared a statement of revenue and
expenditure and a statement of assets and liabilities for the fiscal year of
the Government immediately preceding, and the statements shall be submitted
through the board for audit by the Auditor General.
(3) All
books and records pertaining to the work carried on by the board under this
Part are subject at all times to examination and audit by the Auditor General.
(4) The Minister may prescribe the form of any
accounts to be kept by the board relating in any way to the matters dealt with
by this Part.
RSA 1980 cC‑1 s13;1984
c10 s4
Annual report
19(1) The board shall make a report annually to the
Minister for the 12 months ending on March 31 of each year.
(2) The report shall contain the audited financial
statements and any other reports that may be required pursuant to any Act of
the Legislature.
RSA 1980 cC‑1 s14
Schedules of charges
20 The Minister may, from time to time, fix a
schedule of approved charges for treatment and care provided to patients in
hospitals and to persons attending at out‑patient clinics.
RSA 1980 cC‑1 s15
Agreements
21 The Minister may enter into agreements binding
on the board respecting the operation or administration of any hospital out‑patient clinic or program
established by the board.
RSA 1980 cC‑1
s16;1992 c11 s17
Regulations
22 The Minister may make regulations
(a) respecting
the objects of the board under section 4(2);
(b) respecting
the board’s budget for the purposes of section 14(2);
(c) respecting
the provision of information to the Minister under section 14(3);
(d) respecting
the provision of drugs by the board under section 16;
(d.1) respecting
the patient concerns resolution process that is to be provided by the board;
(e) providing for any matter or thing that the
Minister considers necessary to carry out the purposes of this Part.
RSA 2000 cC‑2
s22;2003 c30 s15
Advisory committees
23(1) The board may establish one or more advisory
committees for any purpose specified by the board.
(2) The
board may appoint any person it considers appropriate to be a member of an
advisory committee.
(3) The
members of an advisory committee appointed under this section
(a) may
be paid fees by the board for their services at the rates prescribed by the
bylaws of the board, and
(b) may be paid by the board their reasonable
travelling and living expenses while absent from their ordinary places of
residence and in the course of their duties as members of the committee, in
accordance with the bylaws of the board.
RSA 1980 cC‑1
s18;1984 c10 s4;1992 c11 s19
Special committees
24(1) The board shall by bylaw establish for each
hospital
(a) a
facility committee,
(b) a
scientific committee, and
(c) a
medical committee.
(2) The
bylaws establishing the committees shall deal with the composition of the
committees and the appointment of their members.
(3) The bylaws have no effect until approved in
writing by the Minister.
RSA 1980 cC‑1
s19;1982 c10 s6;1992 c11 s20
Facility committee
25 A facility committee is responsible to
the board for
(a) the
clinical and scientific practice of the hospital,
(b) the
professional practices of the treatment team of the hospital,
(c) the
hospital’s quality of care,
(d) the
utilization of the hospital, and
(e) providing advice to the board on any matter
referred to it by the board.
1992 c11 s20
Scientific committee
26 A scientific committee is responsible for
providing advice to the board on
(a) the
appointment, reappointment, suspension or termination of scientific staff of
the hospital, and
(b) any matter referred to it by the board.
1992 c11 s20
Medical committee
27 A medical committee is responsible for
providing advice to the board on
(a) the
appointment, reappointment, suspension or termination of medical staff and the
delineation of hospital privileges of the medical staff of the hospital, and
(b) any matter referred to it by the board.
1992 c11 s20
Board bylaws
28(1) The board shall make bylaws
(a) governing
the organization and conduct of the medical, scientific and other professional
staff practising at its hospitals and out‑patient clinics;
(b) governing conflict of interest in respect of
members of the board, agents of the board and senior officers and employees of
the board;
(c) establishing
a procedure for the medical committee to provide advice to the board on the
appointment, reappointment, suspension or termination of medical staff and the
delineation of hospital privileges of the medical staff;
(d) establishing
a procedure for the review of recommendations made by the medical committee or
decisions made by the board affecting the privileges of the medical staff;
(e) establishing
a procedure to ensure that all applications for appointment to the medical
staff reach the board in the time prescribed in the bylaws, whether or not the
appointment is recommended by the medical committee;
(f) establishing
a procedure for notice to be given by the board to an applicant for appointment
to the medical staff within a reasonable time of the decision of the board as
to whether the application has been accepted.
(2) The bylaws have no effect until approved in
writing by the Minister.
1992 c11 s20;2000 cH-3.3
s32
Hospitals Act
29(1) Parts 2 and 3 of the Hospitals Act, except for sections 10, 11, 14, 15, 17, 22, 23 and
34, apply to
(a) a
provincial cancer hospital, whether or not it is an approved hospital under the
Hospitals Act, and
(b) an
out‑patient clinic.
(2) Section 24 of the Hospitals Act also applies to the programs of the board.
RSA 1980 cC‑1
s20;1984 c10 s4;1992 c11 s21
Part 2
Cancer Registry
Definition
30 In this Part, “reportable cancer” means a
cancer specified by the regulations as a reportable cancer.
1992 c11 s22
Paramountcy
30.1 If there is an inconsistency
or conflict between this Part and the Health
Information Act, this Part prevails.
RSA 2000 cH‑5 s111
Cancer registry
31(1) The board shall, subject to the regulations,
establish a cancer registry.
(2) The
cancer registry must contain the information respecting reportable cancers
obtained under section 34.
(3) The
cancer registry may, subject to any directions specified in the regulations,
contain information
(a) obtained
under section 22(5) of the Alberta Health
Care Insurance Act,
(b) obtained
under the Hospitals Act from a
hospital that is not a provincial cancer hospital,
(c) obtained
from the board’s hospitals, out‑patient clinics and programs, and
(d) obtained from any other source specified by
the Minister.
1992 c11 s22
Confidentiality
32(1) The information in the cancer registry is
private and confidential.
(2) Section 24 of the Hospitals Act does not apply to information in the cancer registry.
1992 c11 s22
Purposes of cancer
registry
33 The information in the cancer registry is
to be used for the following purposes:
(a) to
assess and improve the standards of treatment and care provided to cancer
patients;
(b) to
assist in the treatment and care of the person who is the subject of the
information;
(c) to
assist in cancer research, education and prevention;
(d) to
compile statistics on cancer;
(e) any other purpose specified by the Minister.
1992 c11 s22
Duty to report
34(1) A physician who knows or has reason to believe
that a patient under the physician’s care or supervision has a reportable
cancer shall, as soon as practicable, provide the board with the information
prescribed by the regulations.
(2) A
person who is responsible for a laboratory in which an examination of a
specimen from a human body is conducted that reveals a reportable cancer shall,
as soon as practicable, provide the board with the information prescribed by
the regulations.
(3) After
receiving information under subsection (1) or (2), the board may request the
physician or person responsible for the laboratory to provide any additional
information that the board considers necessary respecting the reportable
cancer, the person who has cancer or the examination.
(4) No action or other proceeding for damages lies
against a physician or person responsible for a laboratory for providing
information to the board under this section.
1992 c11 s22
Agreements
35(1) The Minister or the board with the approval of
the Minister may enter into an agreement with the Government of Canada or the
government of a province or territory or with any person that relates to the
disclosure of information in the cancer registry.
(2) An agreement under subsection (1) shall require
that the information disclosed remain confidential.
1992 c11 s22
Use and disclosure of
information
36(1) The board may use the information in the cancer
registry for the purposes referred to in section 33.
(2) The
board shall disclose information in the cancer registry
(a) to
the Minister in the manner and form specified by the Minister,
(b) to
any person specified by the Minister where the Minister believes it is in the
public interest that the information be disclosed to that person, and
(c) to
any person when required by law.
(3) The
board may disclose the information in the cancer registry
(a) to
the person who is the subject of the information or to that person’s designate
or legal representative;
(b) in
statistical form if the person who is the subject of the information is not
revealed or made identifiable;
(c) to
a person conducting bona fide research or a medical review if the disclosure is
made in a manner that ensures the confidentiality of the information;
(d) to
a person authorized to receive the information under an agreement referred to
in section 35;
(e) to a person or class of persons authorized
to receive the information by the regulations.
1992 c11 s22
Offences
37(1) No person shall disclose information in
the cancer registry to a person unless disclosure of information to that person
is authorized under section 36.
(2) No
person shall review or examine the information in the cancer registry unless
disclosure of the information to that person is authorized under section 36.
(3) A person who contravenes subsection (1) or (2)
is guilty of an offence and liable to a fine of not more than $10 000.
1992 c11 s22
Regulations
38 The Minister may make regulations
(a) prescribing
a list of cancers or adopting a published list of cancers in whole or in part
as reportable cancers;
(b) respecting
the information to be provided to the board under section 34;
(c) respecting
the establishment and operation of the cancer registry, including regulations
requiring the board to enter certain information in the cancer registry;
(d) authorizing the board to disclose
information in the cancer registry to a person or class of persons.
1992 c11 s22
Part 3
Alberta Cancer Foundation
Definitions
39 In this Part,
(a) “Foundation”
means the Alberta Cancer Foundation established by section 40;
(b) “trustees” means the trustees of the
Foundation.
1984 c10 s5
Establishment and
composition
40(1) There is hereby created a corporation named the
“Alberta Cancer Foundation”.
(2) The
Foundation consists of the following, who are the trustees of the Foundation:
(a) the
chair of the board,
(b) 2
other persons who are members of and are appointed trustees by the board, and
(c) at
least 2 but not more than 7 persons who
(i) are residents of Alberta,
(ii) are not members of the board, and
(iii) are appointed trustees by the board.
1984 c10 s5;1992 c11 s23
Chair
41 The trustees shall appoint a chair of the
Foundation from among themselves.
1984 c10 s5;1992 c11 s24
Bylaws and meetings
42(1) The trustees may make bylaws governing the
procedure and business of the Foundation, including the expenses referred to in
section 46(2).
(2) Notwithstanding subsection (1), the trustees
shall meet at least once a year on a date that, unless fixed by the bylaws,
shall be fixed by the chair of the trustees.
1984 c10 s5;1992 c11 s25
Objects
43 The objects of the Foundation are
(a) to
solicit and receive by gift, bequest, devise, transfer or otherwise, property
of every nature and description, and
(b) subject
to any prior trust conditions imposed on the use of the property, to hold, use
and administer the property for advancing the objects of the board, and
generally for advancing
(i) the prevention, detection and diagnosis of cancer,
(ii) the treatment and care of cancer patients, and
(iii) cancer research.
1984 c10 s5
Transfer of property
44 The Foundation may, subject to any prior trust
conditions, transfer any of its property to the board on any terms that it
considers expedient.
1984 c10 s5
Transfer of board
property
45 Except as provided by regulation, the board may
not transfer any of its property to the Foundation.
1985 c32 s2
Prohibition of dividends
and remuneration
46(1) The payment of any dividend or remuneration out
of the funds of the Foundation to any of the trustees is prohibited.
(2) Trustees may be reimbursed out of the funds of
the Foundation for the travelling and living expenses provided for in the
bylaws that are necessarily incurred by them in the performance of their
duties.
1984 c10 s5;1992 c11 s26
Audit, fiscal year and
annual report
47(1) The Auditor General is the auditor of the
Foundation.
(2) The
fiscal year of the Foundation is April 1 to the following March 31.
(3) At the end of the fiscal year, the Foundation
shall prepare and submit to the Minister an annual report that shall include
the audited financial statements and any other statements and reports that the
Minister may require.
1984 c10 s5
Trust corporation status
48 Notwithstanding anything in the Loan and Trust Corporations Act, the
Foundation shall not be considered to be a trust corporation for the purposes
of that Act.
1984 c10 s5;1991 cL‑26.5
s335(8)
Winding‑up
49(1) In the event of the winding‑up of the
Foundation, the property of the Foundation shall be used
(a) first,
in the payment of any costs incurred in the winding‑up of the Foundation,
(b) second,
in the discharge of all liabilities of the Foundation, and
(c) third,
to give effect, as far as possible, to any outstanding applicable trust
conditions,
and the balance, if
any, shall be disposed of in accordance with the regulations.
(2) A regulation under subsection (1) must not be
inconsistent with any trust or condition under which the property is held.
1984 c10 s5;1985 c32 s2
Regulations
50 The Lieutenant Governor in Council may make
regulations
(a) respecting
the types and amounts of property that the board may transfer to the Foundation
and the circumstances under which that property may be transferred;
(b) subject to section 49, governing the winding‑up
of the Foundation.
1984 c10 s5
