26 Non‑application
of PSER Act
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “community
health council” means a community health council referred to in section 10;
(b) “existing
health authority” means
(i) an existing non‑regional health authority, and
(ii) the Alberta Cancer Board;
(c) “existing
non‑regional health authority” means the board of any approved hospital,
other than the Alberta Cancer Board;
(d) “Minister”
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
(e) “municipality”
means a city, town, village, summer village, municipal district, improvement
district or special area or a settlement area within the meaning of the Metis Settlements Act;
(f) “provincial
health board” means a provincial health board established under section 17;
(g) “subsidiary health corporation” means a
corporation that is a subsidiary of or is controlled by a regional health
authority directly or indirectly through one or more intermediary corporations.
1994 cR‑9.07
s1;1995 c24 s99(30)
Establishment of health
regions
2(1) The Minister may by order establish one or more
health regions in Alberta.
(2) An
order under subsection (1)
(a) shall
name the health region and describe its boundaries, and
(b) may
be made effective on a date that is before the date on which the order is made.
(3) Where
the Minister amends or rescinds an order under subsection (1), the order shall
contain any provisions the Minister considers are necessary to protect the
interests of creditors and debenture holders and, in the case of a rescinding
order, to otherwise provide for the winding‑up of the affairs of the
health region, subject to the regulations.
(4) All
the powers conferred on the regional health authority are, to the extent
necessary for that purpose, transferred to and vested in the person appointed
to wind up the affairs of the health region.
(5) The
Minister may from time to time give any directions the Minister considers
proper concerning the winding‑up of the affairs of a disestablished
health region.
(6) The Regulations
Act does not apply to an order under this section.
1994 cR‑9.07 s2
Regional health
authorities
3(1) Each health region shall be administered by a
regional health authority.
(2) A
regional health authority shall consist of the number of persons provided for
under the regulations who are appointed or elected in accordance with the
regulations.
(3) A regional health authority is a corporation
consisting of its members.
1994 cR‑9.07 s3
First authority
4(1) Notwithstanding section 3, where a health
region is established, the Minister shall by order appoint the number of
persons the Minister considers appropriate as the first members of the regional
health authority for the health region.
(2) The
terms of office of the first members of a regional health authority continue
until their successors are appointed or elected in accordance with the
regulations.
(3) The Minister may provide in the order for the
payment of remuneration and expenses to the first members of a regional health
authority.
1994 cR‑9.07 s4
Responsibilities of
authority
5 Subject to this Act and the regulations,
a regional health authority
(a) shall
(i) promote and protect the health of the population in the health
region and work toward the prevention of disease and injury,
(ii) assess on an ongoing basis the health needs of the health region,
(iii) determine priorities in the provision of health services in the
health region and allocate resources accordingly,
(iv) ensure that reasonable access to quality health services is
provided in and through the health region, and
(v) promote the provision of health services in a manner that is
responsive to the needs of individuals and communities and supports the
integration of services and facilities in the health region,
and
(b) has final authority in the health region in
respect of the matters referred to in clause (a).
1994 cR‑9.07 s5
Powers of authority
6(1) Subject to this Act and the regulations, a
regional health authority has the rights, powers and privileges of a natural
person.
(2) Unless the power to delegate is limited in the
regulations, a regional health authority may delegate any power or duty
conferred or imposed on it under this or any other Act to a committee of the
regional health authority, to any of its employees, officers or agents or to a
community health council.
1994 cR‑9.07
s6;1996 c22 s3
Bylaws
7(1) A regional health authority shall make bylaws
governing conflict of interest in respect of members of the authority, agents
of the authority and senior officers and employees of the authority.
(2) Bylaws under subsection (1) have no effect
until they are approved in writing by the Minister.
SA 2000 cH‑3.3 s35
Directions
8 The Minister may give directions to a
regional health authority for the purpose of
(a) providing
priorities and guidelines for it to follow in the exercise of its powers, and
(b) co‑ordinating the work of the regional
health authority with the programs, policies and work of the Government and
public and private institutions in the provision of health services in order to
achieve the best health outcome and to avoid duplication of effort and expense.
1994 cR‑9.07 s7
Health plan proposal
9(1) When a health region is established, the
regional health authority shall within the time specified by the Minister
prepare and submit to the Minister a proposal for a health plan for the region.
(2) The
Minister may on the request of a regional health authority extend the time for
submitting a proposal for a health plan.
(3) In
the course of preparing a proposal for a health plan, the regional health
authority shall consult with any persons and bodies that are appropriate.
(4) A
proposal for a health plan must contain
(a) a
statement of how the regional health authority proposes to carry out its
responsibilities under section 5 and to measure its performance in the carrying
out of those responsibilities,
(b) provisions
for the establishment of one or more community health councils,
(c) provisions
setting out the role of the community health councils and their relationship to
the regional health authority including, in particular, a statement as to
whether the community health council is to
(i) act in an advisory capacity to the regional health authority as
to the provision of health services in the health region or a part of it,
(ii) enter into agreements with the regional health authority, or
(iii) do both (i) and (ii),
(d) information
respecting the health services to be provided, and the anticipated cost of
providing those health services, and
(e) any
other information required in the regulations or by the Minister in a notice in
writing to the regional health authority.
(5) When
a proposal for a health plan is submitted to the Minister, the Minister may
(a) approve
the proposal as submitted,
(b) amend
the proposal and approve it as amended, or
(c) refer
the proposal back to the regional health authority with directions to the
regional health authority to take any further action the Minister considers
appropriate.
(6) A
proposal for a health plan that is referred back to a regional health authority
under subsection (5)(c) must be resubmitted to the Minister as directed by the
Minister, and when it is resubmitted subsection (5) applies.
(7) A
regional health authority
(a) may
of its own motion submit to the Minister a proposal to amend an approved health
plan,
(b) shall
on the written request of the Minister submit to the Minister a proposal to
amend an approved health plan in respect of matters specified by the Minister,
and
(c) shall
annually in accordance with the regulations submit to the Minister a proposal
to amend an approved health plan.
(8) Subsections (5) and (6) apply to a proposal
submitted to the Minister under subsection (7).
1994 cR‑9.07 s8
Establishment of
community health councils
10(1) A community health council shall be
established, and the members of it shall be appointed or elected, in accordance
with the regulations.
(2) A
community health council may be established as a corporation.
(3) Where a community health council is
disestablished, the instrument disestablishing the community health council
shall contain any provisions that are necessary to protect the interests of
creditors and to otherwise provide for the winding‑up of the affairs of
the community health council, subject to the regulations.
1994 cR‑9.07 s9
Dismissal of authority
and council
11(1) The Minister may by order dismiss all the
members of a regional health authority or community health council and appoint
an official administrator in the authority’s or council’s place if the Minister
considers that the regional health authority or community health council is not
properly exercising its powers or carrying out its duties under this Act or if
for some other reason the Minister considers it is in the public interest to
dismiss the members of the regional health authority or community health
council.
(2) An
official administrator appointed under this section
(a) has
all the power and authority of the regional health authority or community
health council,
(b) shall
perform all the duties of the regional health authority or community health
council, and
(c) shall
be paid as an operating expense of the regional health authority or community
health council the salary and expenses determined by the Minister.
(3) If in the opinion of the Minister an official
administrator is no longer required, the Minister may order the appointment or
election of a new regional health authority or community health council in
accordance with the regulations.
1994 cR‑9.07 s10
Meetings
12 A meeting of a regional health authority
or community health council must be open to the public unless the regional
health authority or community health council, based on considerations set out
in the regulations, determines that holding the meeting or part of it in public
could result in the release of
(a) information
that might impair the ability of the regional health authority or community
health council to carry out its responsibilities, or
(b) information relating to the personal
interests, reputation or privacy of any person.
1994 cR‑9.07 s11
Audit
13(1) This section, insofar as it applies to
community health councils, only applies to community health councils that are
corporations.
(2) A
regional health authority, a subsidiary health corporation and a community
health council must have an auditor.
(3) Unless
the Minister appoints the Auditor General as the auditor for a regional health
authority, a subsidiary health corporation or a community health council, a
regional health authority, a subsidiary health corporation and a community
health council must appoint its auditor.
(4) The auditor of a regional health authority, a
subsidiary health corporation or a community health council shall forward to
the Minister copies of any audit reports, and the auditor’s observations and
recommendations to management relating to the auditor’s audit activity.
1994 cR‑9.07 s12
Reports and returns
14(1) A regional health authority, a subsidiary
health corporation and a community health council shall on the written request
of the Minister forward to the Minister records, reports and returns as
specified by the Minister in the request.
(2) Within
the time prescribed in the regulations, a regional health authority shall
provide to the Minister an annual report on its activities for the previous
fiscal year, and the report must
(a) be
in a form acceptable to the Minister,
(b) contain
audited information respecting the regional health authority and its subsidiary
health corporations including
(i) financial statements,
(ii) information on the remuneration and benefits paid to members,
officers and senior employees as specified in the regulations, and
(iii) other performance information specified by the regulations,
and
(c) contain
any other information required by the regulations.
(3) The Minister shall present copies of the annual
report received by the Minister for each regional health authority under
subsection (2) before the Legislative Assembly if it is sitting, and if it is
not, within 15 days after the commencement of the next sitting.
1994 cR‑9.07 s13
Agreements
15(1) Subject to subsection (3),
(a) the
Minister, and
(b) a
regional health authority
may enter into
agreements for the purposes of this Act with the government of another
jurisdiction or any person including, without limitation, an existing non‑regional
health authority.
(2) An
agreement under subsection (1) may provide that it is to operate
notwithstanding this Act, the regulations or any other enactment.
(3) A regional health authority may not enter into
an agreement under subsection (1) with the government of another jurisdiction
or an agreement referred to in subsection (2) without the prior approval of the
Minister.
1994 cR‑9.07 s15
Minister’s powers
16 The Minister may if the Minister
considers that it is in the public interest to do so
(a) provide
or arrange for the provision of health services in any area of Alberta, whether
or not health services are also being provided in that area by any other
government, person or authority, and
(b) do any other thing that the Minister
considers necessary to promote and ensure the provision of health services in
Alberta.
1994 cR‑9.07 s16
Provincial health boards
17(1) The Lieutenant Governor in Council may make
regulations
(a) providing
for the establishment of provincial health boards to do any or all of the
following on a province‑wide basis or in more than one health region:
(i) to act in an advisory capacity to the Minister, existing health
authorities, regional health authorities, subsidiary health corporations and
community health councils;
(ii) to deliver or co‑ordinate the delivery of health services,
diagnostic services or treatment services provided for in the regulations;
(iii) to engage in and promote research related to health matters;
(iv) to carry out other activities assigned to it in the regulations;
(b) respecting
the management, functions, duties and jurisdiction of provincial health boards;
(c) respecting
the size and composition of provincial health boards;
(d) respecting
the manner in which members of provincial health boards are appointed, the
terms of office of members, the filling of vacancies and the appointment or
election of officers;
(e) respecting
the remuneration and expenses payable to members of a provincial health board;
(f) governing
the winding‑up of the affairs of a provincial health board;
(g) making
applicable in respect of a provincial health board any of the provisions of
this Act or the regulations under this Act, with necessary modifications.
(2) A provincial health board may be established as
a corporation.
1994 cR‑9.07 s17
Application of Hospitals
Act
18 Except as otherwise provided in the regulations,
Parts 2 and 3 of the Hospitals Act
apply in respect of a mental health hospital within the meaning of the
regulations.
1996 c22 s3
Grants and other
payments
19 The Minister may, in the
amounts, in the manner and subject to the terms and conditions the Minister
considers appropriate, provide grants or other payments to a regional health
authority or provincial health board to assist it in carrying out its
functions.
1996 c22 s3
Funding
20 Notwithstanding any other enactment,
where an enactment provides that the Minister shall or may provide grants or
payments of any kind to any person including, without limitation, an existing
health authority, the Minister may instead provide those grants or payments to
a regional health authority and, subject to any terms and conditions the
Minister considers appropriate, delegate to the regional health authority the
Minister’s power in respect of the provision of the grants or payments.
1994 cR‑9.07 s18
Inspection powers
21(1) For the purposes of ensuring that this Act and
the regulations are complied with, the Minister or a person authorized by the
Minister for the purpose may
(a) enter
and inspect any place under the jurisdiction of an existing health authority,
regional health authority, community health council or subsidiary health
corporation,
(b) require
the production for examination of any documents or records in the possession of
the existing health authority, regional health authority, community health
council or subsidiary health corporation, and make copies of them or
temporarily remove them for the purpose of making copies, and
(c) require
the production for examination of any documents or records that are in the
possession of a person who is or was a candidate in an election for membership
on a regional health authority and that relate to that person’s election
finances, and make copies of them or temporarily remove them for the purpose of
making copies.
(2) A
person who removes documents or other records under subsection (1) shall
(a) give
a receipt for the items to the person from whom the items were taken,
(b) on
request, provide a copy of the items removed to the person from whom they were
taken or to a person who is entitled to custody of them, and
(c) forthwith
return the items to the person from whom they were taken when they have served
the purposes for which they were taken.
(3) If
anyone prevents a person from exercising powers under subsection (1) or
obstructs or hinders a person in the exercise of those powers, a judge of the
Court of Queen’s Bench may on the application of that person make any order
that the judge considers necessary to permit that person to exercise those
powers.
(4) An application under subsection (3) may be made
ex parte if the judge considers it proper in the circumstances.
RSA 2000 cR‑10
s21;2001 c11 s2
Exclusion of liability
22 No action for damages may be commenced
against a member of a regional health authority for anything done or not done
by that person in good faith while carrying out duties or exercising powers
under this or any other enactment.
1994 cR‑9.07 s20
Lieutenant Governor in
Council regulations
23(1) The Lieutenant Governor in Council may make
regulations
(a) respecting
the management, functions, duties and jurisdiction of regional health
authorities and community health councils;
(b) authorizing
or requiring a regional health authority and a community health council to make
bylaws regarding the general conduct and operation of the affairs of the
regional health authority or community health council;
(c) respecting
the size and composition of regional health authorities and community health
councils;
(d) respecting
eligibility for membership on regional health authorities and community health
councils;
(e) respecting
the manner in which members of regional health authorities and community health
councils are nominated, appointed or elected, the terms of office of members,
the filling of vacancies and the appointment or election of officers;
(e.1) governing
all matters related to the election finances of candidates for election for
membership on a regional health authority including, without limitation,
regulations
(i) governing who may make and accept contributions to candidates,
the maximum amounts of contributions and the time and manner in which they may
be made;
(ii) governing the disposition of contributions that are made in
contravention of the regulations;
(iii) requiring a person who makes a contribution in excess of the
maximum amount permitted in the regulations to pay a penalty, and governing the
amount of the penalty, the person to whom it is payable and the manner in which
it may be recovered;
(iv) governing the manner in which contributions are to be held and
accounted for, and the disposition of a surplus where the candidate decides not
to contest the next election;
(v) governing the keeping of election finances records;
(vi) providing that a member of a regional health authority who fails
to submit audited financial statements in respect of election finances as
required by the regulations ceases to be a member, subject to any appeal
provisions in the regulations;
(f) respecting
the borrowing and investment powers of regional health authorities and
community health councils;
(g) requiring
regional health authorities and community health councils to submit budgets to
the Minister and respecting the time in which and the manner in which a budget
must be submitted and what it must contain;
(h) determining
or providing for the manner of determining the fiscal year of regional health
authorities, subsidiary health corporations and community health councils;
(i) authorizing
the Minister, a regional health authority or a community health council to make
payments directly to an individual to enable the individual to acquire health
services or health related services, and respecting terms and conditions under
which those payments may be made and to which they are subject;
(j) authorizing
the Minister to suspend, adjust or recover all or part of a grant or other
payment paid under section 19 where
(i) the recipient contravenes this Act, the regulations or any other
enactment under which the recipient exercises powers or carries out duties, or
contravenes a term or condition to which the grant or other payment is subject,
or
(ii) the grant or other payment is paid in error or there is an
overpayment of the amount of the grant or other payment,
and respecting the manner
in which those payments may be suspended and adjusted and those payments and
overpayments may be recovered;
(k) exempting
a regional health authority from paying taxes or fees under any other
enactment, notwithstanding that other enactment;
(l) respecting
the confidentiality requirements to be observed by a person with respect to
information obtained in the administration of this Act or in providing health
services or health related services under this Act;
(m) setting
out the considerations that regional health authorities and community health
councils are to be guided by for the purposes of section 12;
(n) respecting
the establishment of foundations as corporations to benefit a facility, a
regional health authority or a community health council including, without
limitation, regulations
(i) respecting the manner in which and the purposes for which
foundations may be established,
(ii) respecting the manner in which the governing body of a foundation
is constituted,
(iii) governing the management, functions, powers and duties of
foundations, and
(iv) governing the winding‑up of the affairs of foundations;
(o) repealed
RSA 2000 cH‑5 s124;
(p) providing
with respect to any provision of the regulations that its contravention
constitutes an offence;
(q) prescribing
penalties in respect of offences created under clause (p);
(r) respecting
the application of Parts 2 and 3 of the Hospitals
Act for the purposes of section 18.
(2) The
Lieutenant Governor in Council may make regulations providing for the
continuance of
(a) existing
foundations established under the Hospitals
Act in cases where the order or enactment establishing the hospital board
is rescinded or repealed and the hospital is located in a health region under
this Act,
(b) existing
foundations established by a board under the Provincial General Hospitals Act, RSA 1980 cP‑21, in cases
where the board under that Act is wound up under section 1.1 of that Act,
(c) the
Alberta Hospital Edmonton Foundation revived under section 4 of the Health Statutes Amendment Act, 1996, or
(d) the
University Hospitals Foundation, where the University
Hospitals Foundation Act, RSA 1980 cU‑9, is repealed.
(3) A
regulation under subsection (2) may provide for any of the matters referred to
in subsection (1)(n).
(4) Where a regulation under subsection (1)
provides that some or all of the members of a regional health authority or
community health council are to be elected in conjunction with a general
election under the Local Authorities
Election Act, the regulations may make that Act and the regulations under
it, with all necessary modifications, applicable to the election.
RSA 2000 cR‑10
s23;RSA 2000 cH‑5 s124;2001 c11 s3
Ministerial regulations
24 The Minister may make regulations
(a) defining
terms that are used in this Act but are not defined in this Act;
(b) governing
the health services and health related services that are to be provided by a
regional health authority;
(c) respecting
the standards and guidelines to be observed by regional health authorities and
community health councils in the provision of health services and health
related services, the undertaking of capital construction projects and the
operation of facilities;
(c.1) respecting
the patient concerns resolution process that is to be provided by a regional
health authority;
(d) respecting
the information that is to be contained in a proposal for a health plan under
section 9;
(e) respecting
the submission of proposals to amend an approved health plan, for the purposes
of section 9(7)(c);
(f) respecting
agreements between a regional health authority and a community health council;
(g) respecting
the remuneration and expenses payable to members of regional health authorities
and community health councils;
(h) requiring
regional health authorities and community health councils to keep records and
respecting the form and manner in which they must be kept and the information
they must contain;
(i) governing
the qualifications of and eligibility requirements for persons who may be
appointed as auditor of a regional health authority, subsidiary health
corporation or community health council under section 13(3);
(j) requiring
an existing health authority and a community health council to provide reports
and returns to a regional health authority, and respecting the form and manner
in which and the time at which they must be provided and the information they
must contain;
(k) respecting
the information that must be contained in an annual report referred to in
section 14(2) and the time within which it must be provided to the Minister;
(l) respecting
the sharing of information between regional health authorities and other health
service providers;
(m) respecting
the types of electronic systems that must be used by regional health
authorities for data transmission and storage and the standards that those
systems must meet;
(n) authorizing
regional health authorities and community health councils to charge fees for
goods or services they provide and respecting the amounts of the fees that may
be charged for those goods and services;
(o) governing
the winding‑up of the affairs of regional health authorities and
community health councils;
(p) prescribing forms for the purposes of this
Act.
RSA 2000 cR‑10
s24;2003 c30 s16
Application of
regulations
25 A regulation under section 23 or 24 in
respect of a regional health authority or community health council may be made
to apply to regional health authorities or community health councils, or
classes of them, generally, or to a particular regional health authority or
community health council.
1994 cR‑9.07 s23
Non-application of PSER
Act
26 The Public
Service Employee Relations Act does not apply to a regional health
authority.
1996 c22 s3