93 Civil
action
Division 3
General
94 Appointment
of Director
95 Certain
powers of the Director
96 Regulations
97 Extinguishment
of certain rights
98 Transitional
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “Appeal
Board” means the Hospital Privileges Appeal Board established under section 18;
(b) “approved
hospital” means a hospital designated by the Minister as an approved hospital
pursuant to Part 2;
(c) “auxiliary
hospital” means a hospital for the treatment of long‑term or chronic
illnesses, diseases or infirmities;
(d) “board
of management” means a board of management referred to in section 5;
(e) “council”
means
(i) in the case of a city, town, village or municipal district, its
council,
(ii) in the case of an improvement district, the Minister responsible
for the Municipal Government Act,
(iii) in the case of a special area, the Minister responsible for the Special Areas Act, and
(iv) in the case of a national park, its superintendent;
(f) “general
hospital” means a hospital providing diagnostic services and facilities for
medical or surgical treatment in the acute phase for adults and children and
obstetrical care, or any of them;
(g) “health
region” means a health region established under the Regional Health Authorities Act;
(h) “hospital”
means an institution operated for the care of diseased, injured, sick or
mentally disordered people;
(i) “included
municipality” means a municipality the whole or a part of which is included in
a health region;
(j) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(k) “municipality”
means a city, town, village, summer village, municipal district, improvement
district and special area;
(l) “non‑regional
hospital” means a hospital that is owned or operated by a person other than a
regional health authority;
(m) “nursing
home” means a nursing home as defined in the Nursing Homes Act;
(n) “physician”
means
(i) with reference to medical services provided in Alberta, a person
registered as a medical practitioner or a practitioner of osteopathy under the Medical Profession Act, and
(ii) with reference to medical services provided in a place outside
Alberta, a person lawfully entitled to practise medicine or osteopathy in that
place;
(o) “regional
health authority” means a regional health authority constituted under the Regional Health Authorities Act;
(p) “resident of Alberta” means a person entitled
by law to reside in Canada who makes the person’s home and is ordinarily
present in Alberta, but does not include a tourist, transient or visitor to
Alberta.
RSA 1980 cH‑11
s1;1983 c81 s5(2);1985 cN‑14.1 s39;
1988 cM‑13.1 s55;1989 cD‑21.5 s13;1994 cM‑26.1 s642(29);
1994 cR‑9.07 s25(15);1995 c24 s99(8);1996 c22 s1(2)
Jurisdiction of regional
health authority
2(1) Where an order establishing a district is
rescinded under section 8(4) of the Hospitals Act (RSA 1980 cH-11) as
it read on July 31, 1996 and the district is located in a health region under
the Regional Health Authorities Act,
then, subject to the regulations under subsection (2), for the purpose of the
administration of this Act in that part of the health region that formerly
constituted the district, the regional health authority has the power,
authority and jurisdiction and is subject to the duties and obligations that
the district board had and was subject to.
(2) The
Lieutenant Governor in Council may make regulations
(a) providing
for the non‑application of provisions of this Act or the regulations
under it in a case where subsection (1) applies,
(b) varying
the application of provisions of this Act or the regulations under it in a case
where subsection (1) applies, and
(c) respecting
any other matters the Lieutenant Governor considers necessary in a case where
subsection (1) applies
for the purpose of facilitating the administration of this
Act in such a case.
1994 cR‑9.07
s25(15)
Part 1
Non‑regional Hospitals
Order rescinding hospital
district - transitional
3 Without limiting the generality of
section 8(4) of the Hospitals Act
(RSA 1980 cH-11) as it read on July 31, 1996, an order rescinding an
order under section 8(2) of that Act as it read on July 31, 1996 may contain
any provisions the Lieutenant Governor in Council considers necessary
(a) to
provide for the transfer of the assets and property of the district to a
regional health authority under the Regional
Health Authorities Act,
(b) to
provide for the assumption of liabilities and obligations of the district by a
regional health authority under the Regional
Health Authorities Act, and
(c) to facilitate the taking over of the affairs
of the district by a regional health authority under the Regional Health Authorities Act.
RSA 1980 cH‑11
s8;1983 c81 s5(8);1985 cN‑14.1 s39;
1994 cR‑9.07 s25(15);1996 c22 s1(5)
Plan for hospital
facilities
4(1) On the request of the owner of a non‑regional
hospital that serves a health region, or on the request of the regional health
authority, the Minister may cause a plan to be prepared for the use of the
services of the non‑regional hospital by the regional health authority
and for the integration of the operation, management and financing of all
hospitals serving the health region.
(2) On
being satisfied that a plan prepared pursuant to subsection (1) meets the needs
of the regional health authority and the owners of the non‑regional
hospitals and serves the interests of the residents of the health region, the
Minister may, by order, declare the plan to be in force in the health region.
(3) After
consultation with the regional health authority and the owners of non‑regional
hospitals who are parties to a plan prepared pursuant to this section, the
Minister, by order,
(a) may
amend the plan, and
(b) may,
on reasonable notice in writing to the parties, terminate the plan.
(4) An
order terminating a plan under subsection (3) may contain any provisions the
Minister considers necessary
(a) to
provide for the disposition of assets and property;
(b) to
provide for the assumption of liabilities and obligations;
(c) to facilitate the winding‑up of the
plan.
RSA 1980 cH‑11
s11;1985 cN‑14.1 s39;1996 c22 s1(6)
Board of management
5(1) A plan under section 4 may require the
establishment of a board of management for a non‑regional hospital
consisting of members appointed by the regional health authority and a greater
number of members appointed by the owner of the non‑regional hospital.
(2) On
the coming into force of a plan under section 4 that requires a board of
management for a non‑regional hospital, the board of management
(a) is
on that coming into force constituted as a corporation with the name and
membership given in the plan and with the powers, objects and duties necessary
for it to operate and administer the affairs of the hospital, except the power
to dispose of the real and personal property of the non‑regional
hospital, and
(b) becomes
the governing board of the hospital and has full control of the hospital and
has absolute and final authority and responsibility in respect of all matters
appertaining to the operation of the hospital,
subject to any limitations on its authority imposed by
statute or the regulations or the plan.
RSA 1980 cH‑11
s12;1996 c22 s1(7)
Regulations
6 The Lieutenant Governor in Council may make
regulations to carry out the intent of this Part and, without restricting the
generality of the foregoing, may make regulations to
(a) govern
the manner of appointment, including nomination of members of boards of management;
(b) subject
to the Local Authorities Election Act
and the regulations under that Act, govern the qualifications for membership
and conditions of disqualification from membership, terms of office, procedure
for filling vacancies, and other matters pertaining to members of boards of
management;
(c) govern
the election of officers, fixing quorums, times of meetings, books and records
to be kept, reports and returns to be made, travelling and expense allowances
to be paid and other matters pertaining to the organization of boards of
management and the management of their affairs;
(d) prescribe
the manner in which boards of management may borrow money and fix the rate of
interest on it, fix the terms of borrowing and the periods of borrowing;
(e) prescribe
conditions that must be contained in or that apply to plans prepared pursuant
to section 4 and other matters that are relevant to the relationship between
regional health authorities and the owners of non‑regional hospitals;
(f) prescribe any procedures relating to the
provision of financial assistance to a board of management or the owner of a
non‑regional hospital by a regional health authority pursuant to a plan
under section 4.
RSA 1980 cH‑11
s14;1983 cL‑27.5 s162;1983 c81 s5(10);
1985 cN‑14.1 s39;1994 cM‑26.1 s642(29);1996 c22 s1(9)
Minister acting instead
of municipality
7 When under this Act an act or thing is directed
to be done forthwith or within a specified time by an included municipality or
by a council of it or by a regional health authority or board of management or
by an officer of one of those bodies and the act or thing is not done, the
Minister may do the act or thing with the same effect as if it had been done by
that body.
RSA 1980 cH‑11
s24;1996 c22 s1(11)
Dismissal of board members
8(1) The Minister by order may for cause dismiss the
members of a board of management and appoint an official administrator in their
place.
(2) An
official administrator appointed under this section
(a) has
the powers and authorities conferred by this Act on a board of management,
(b) shall
perform all the duties of a board of management, and
(c) shall
be paid the salary the Minister determines together with proper expenses, as an
operating expense of the regional health authority.
(3) The Minister may by order terminate at any time
the appointment of an official administrator and restore the affairs of the
board of management to an authority selected pursuant to the regulations.
RSA 1980 cH‑11
s25;1985 cN‑14.1 s39;1996 c22 s1(12)
Part 2
Operation of Approved Hospitals
Definitions
9 In this Part,
(a) “administrator”
means the person who is the most senior official in the administrative
organization of a hospital and is responsible for the day to day operation and
management of the affairs of the hospital;
(b) “Associations”
means the Provincial Health Authorities of Alberta, The Alberta Medical
Association (C.M.A.‑Alberta Division), the Alberta Association and
College of Registered Nurses, the Alberta College of Pharmacists and any
professional association that is representative of a group of employees or of
professional staff or medical staff of a hospital;
(c) “board”
means the corporate body or person that owns or operates a hospital, and
includes a regional health authority;
(d) “medical
staff” means the physicians appointed by a board to serve as the medical staff
of a hospital or hospitals owned or operated by the board;
(e) “patient”
means a person who is admitted to the hospital as an in‑patient or as an
out‑patient for diagnosis or treatment services, or both;
(f) “professional staff” means professional
staff as defined in the regulations.
RSA 2000 cH‑12
s9;RSA 2000 cH‑7 s147
Governing board
10(1) Each approved hospital must have a governing
board and, subject to any limitations of its authority imposed by Acts of the
Legislature and regulations under it, the board has full control of that
hospital and has absolute and final authority in respect of all matters
pertaining to the operation of the hospital.
(2) A board may be the board of more than one
approved hospital.
RSA 1980 cH‑11
s27;1996 c22 s1(14)
Bylaws
11(1) The board of each approved hospital shall enact
general bylaws governing the organization, management and operation of the
hospital that it owns or operates.
(2) The
board or the administrator shall send to the Minister a true copy of all
general bylaws enacted including all amendments, variations or repeals.
(3) General bylaws enacted by a board shall provide
for the adoption of rules that may govern the duties and responsibilities of
the administrator and other hospital staff, the detailed organization and
administration of hospital departments and any other matters the board
considers to be necessary or desirable.
RSA 1980 cH‑11
s28;1996 c22 s1(15)
Board is final authority
12 The board has final authority in respect
of the appointment of the medical staff of the approved hospitals it owns or
operates.
1996 c22 s1(16)
Access to facilities
13 The board may grant physicians and other
health care practitioners access to hospital facilities on any terms and
conditions set out in the medical staff bylaws, the general bylaws or any
contract for services or employment.
1996 c22 s1(16)
Responsibility of
medical staff
14 The medical staff of an approved hospital is
responsible to the board
(a) for
the quality of the professional services provided by the medical staff,
(b) for
reviewing professional practices of the medical staff,
(c) for
the improvement of the care of patients under the care of the medical staff,
and
(d) for the clinical and scientific work of the
medical staff.
RSA 1980 cH‑11
s29;1996 c22 s1(17)
Hospital services
utilization committee
15(1) The general bylaws of a board shall provide for
the establishment of a committee to be called the “hospital services
utilization committee” and may prescribe the powers and duties of that
committee.
(2) The
hospital services utilization committee of an approved hospital, in addition to
its powers and duties under the general bylaws of the board,
(a) shall
conduct a review of a continuing nature of the utilization of all hospital
services, and
(b) is
entitled to require from the board and its employees any information the
committee reasonably requires for the purposes of its duties and access to the
relevant records of the board for those purposes.
(3) This section does not apply in the case of the
Alberta Cancer Board.
RSA 1980 cH‑11
s30;1982 c10 s8;1988 cM‑13.1 s55;
1994 cR‑9.07 s25(15);1996 c22 s1(18)
Protection to hospital
staff review committee
16(1) No action for defamation lies against any
member of a hospital staff review committee in respect of
(a) advice
given or statements, decisions or recommendations made in good faith to the
board of an approved hospital by the committee, or
(b) anything
done or omitted to be done by the member in good faith in the exercise of
powers or performance of duties given to the committee by this Act, the
regulations or the bylaws of the board or of the medical staff.
(2) In
this section, “hospital staff review committee” means a committee appointed by
the board of an approved hospital or by the medical staff
(a) to
evaluate and control clinical practice in the hospital on a continuing basis
for the purpose of maintaining and improving the safety and quality of patient care,
or
(b) to perform any functions in relation to the
appraisal and control of the quality of patient care in the hospital.
RSA 1980 cH‑11
s31;1996 c22 s1(19)
Medical staff bylaws
17(1) The board of an approved hospital
(a) shall
require the preparation and adoption of bylaws by its medical staff governing
the organization and conduct of the medical staff practising in the hospital
and the procedures whereby the medical staff must make recommendations to the
board concerning the appointment, re‑appointment, termination or
suspension of appointment of, and the delineation of hospital privileges of,
members of the medical staff;
(b) may
from time to time require the amendment or repeal of the bylaws of the medical
staff.
(2) Bylaws
under this section are ineffective until they have been approved by the board
and the Minister.
(3) Where
the board and the medical staff agree on the contents of bylaws under this
section, the board shall send a true copy of the bylaws signed by the
appropriate officers of the medical staff and of the board to the Minister for
approval.
(4) Where
the board and the medical staff cannot agree on the contents of bylaws under
this section, the board shall refer the draft bylaws and the matters in dispute
to the Minister, whose decision is final, and the medical staff shall adopt the
bylaws and the board shall approve them in accordance with the Minister’s
decision.
(5) The
board and the medical staff may make independent written representations to the
Minister on the matters in dispute.
(6) Bylaws
under this section must provide for
(a) the
adoption of rules governing the day to day management of medical affairs in the
hospital and the amendment or replacement of those rules from time to time as
the need arises, and must provide that the rules become effective only on their
approval by the board;
(b) a
procedure for the review of decisions made by the medical staff or the board
pertaining to or affecting the privileges of members of the medical staff;
(c) 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 staff;
(d) a
procedure to ensure that the board gives notice to an applicant for an
appointment to the medical staff within a reasonable time of the decision of
the board as to whether the application
has been accepted;
(e) mechanisms
to ensure that the board considers medical staff input respecting patient care
and that medical staff have input into strategic planning, community needs
assessment, facility use management and quality assurance activities of the
board;
(f) mechanisms
to promote ethical behaviour, evidence‑based decision making and
participation in continuing medical education by medical staff.
(7) The board and the medical staff shall comply
with bylaws under this section.
RSA 1980 cH‑11
s32;1996 c22 s1(20)
Hospital Privileges
Appeal Board
18(1) There is hereby established the Hospital
Privileges Appeal Board consisting of the following members appointed by the
Minister, each for a term of not more than 3 years:
(a) 2
physicians;
(b) one
member of The Law Society of Alberta or of the judiciary;
(c) one
member of a board of an approved hospital;
(d) one
member of the Alberta Association and College of Registered Nurses;
(e) 2
other persons.
(2) The
Minister shall designate one of the members to be chair.
(3) The
Minister may fill a vacancy on the Appeal Board by appointing a person as a
member to fill the unexpired term of office of the former member, but no
vacancy on the Appeal Board impairs the right of the remaining members to act
until the vacancy is filled.
(4) The members of the Appeal Board may be paid
remuneration for their services and allowances for the expenses necessarily
incurred by them in the performance of their duties at rates fixed by the
Minister.
RSA 2000 cH‑12
s18;RSA 2000 cH‑7 s147
Rules re hearings
19(1) The Appeal Board may make rules not
inconsistent with this Act governing the hearing of appeals.
(2) A
majority of the members then holding office constitutes a quorum at a hearing
of the Appeal Board.
(3) In
the event of the absence or inability to act of the chair, the members present
at a hearing of the Appeal Board may elect one of the members to be chair for
the purposes of that hearing.
(4) A
party to an appeal to the Appeal Board may be represented by counsel at the
hearing of the appeal.
(5) The Appeal Board has, for the purposes of an
appeal under section 21, the powers, privileges and immunities conferred on a
commissioner under sections 3 and 4 of the Public
Inquiries Act.
RSA 1980 cH‑11 s34
Deemed decision not to
re‑appoint
20(1) For the purposes of an appeal under section 21,
if a board does not re‑appoint a member of its medical staff who has
applied for re‑appointment to the medical staff, it is deemed to have
made a decision not to so re‑appoint that member.
(2) For the purposes of subsection (1) and section
21, a regulated
member of the Alberta Dental Association and College who has or who has had privileges in a hospital is deemed
to be a member or former member of the medical staff.
RSA 2000 cH‑12
s20;RSA 2000 cH‑7 s145;
2001 c21 s26;2005 c13 s5
Appeal to Appeal Board
21(1) A member or former member of the medical staff
of an approved hospital who feels personally aggrieved by a decision of the
board of the approved hospital
(a) not
to re‑appoint the member or former member as a member of the medical
staff or to re‑appoint the member or former member with different
hospital privileges than those that the member or former member had immediately
prior to the re‑appointment,
(b) terminating
or suspending
(i) the member’s or former member’s appointment as a member of the
medical staff, or
(ii) the member’s or former member’s hospital privileges,
or
(c) varying
the member’s or former member’s hospital privileges,
may appeal the
decision by giving written notice of appeal to the Appeal Board within 90 days
after receiving notice of the board’s decision.
(2) The
Appeal Board on hearing an appeal under this section may, by order, either
(a) confirm
the decision of the board,
(b) direct
that the former member be re‑appointed to the medical staff or that the
member’s hospital privileges on re‑appointment be varied,
(c) direct
the reinstatement of
(i) the former member’s appointment as a member of the medical staff,
or
(ii) the member’s hospital privileges,
(d) remove
or vary the suspension, or
(e) direct
that the member’s hospital privileges be varied.
(3) A person whose appeal is heard by the Appeal
Board, or the board, may appeal an order of the Appeal Board on a matter of law
only by filing an originating notice with the Court of Queen’s Bench within 30
days after being notified in writing of the order, and the Court may make any
order that the Appeal Board may make under subsection (2) or may refer the
matter back to the Appeal Board with any directions that the Court considers
appropriate.
RSA 1980 cH‑11 s36
Model bylaws
22(1) After consultation with the Associations, the
Minister may prescribe
(a) model
general bylaws for the guidance of boards of approved hospitals, and
(b) model
bylaws of the medical staff for the guidance of physicians practising in an
approved hospital and for the guidance of the board of an approved hospital.
(2) In
respect of model bylaws prescribed under subsection (1), the Minister may
designate that the bylaws are applicable to all approved hospitals or to any
type, grade or size‑group of approved hospitals the Minister may specify.
(3) If
model bylaws are prescribed pursuant to this section, the Minister may, by
order, direct
(a) that
bylaws of the same or like effect must be enacted by the board or must be
prepared and adopted by the medical staff and approved by the board, as the
case may be, in respect of all approved hospitals or in respect of the type,
grade or size‑group of approved hospitals to which the model bylaws have
been designated as applicable, and
(b) that
true copies of the bylaws and amendments shall be sent to the Minister within 6
months of the date of publication of the Minister’s order.
(4) The approval of a bylaw by the Minister may be
withdrawn at any time by notice in writing to the board of the hospital and, on
that withdrawal, the bylaw for which approval has been withdrawn ceases to have
effect.
RSA 1980 cH‑11 s37
Administrator
23 The board of each approved hospital shall
appoint an administrator and shall appoint or shall cause to be appointed, as
the bylaws or regulations may require, any other officers and employees
required for the efficient operation of the hospital and shall prescribe their
duties, remuneration and other terms of employment.
RSA 1980 cH‑11 s38
Records of treatment
24(1) The board of each approved hospital shall cause
to be kept by the attending physician or any other person providing diagnostic
or treatment services to a patient a record of the diagnostic and treatment
services provided in respect of each patient in order to assist in providing a
high standard of medical care.
(1.1) Except
as permitted or required under this Act, a board or employee of a board, the
Minister or a person authorized by the Minister or a physician may disclose
health information obtained from hospital records or from persons having access
to them only in accordance with the Health
Information Act.
(2) For the purposes of assessing the
standards of care furnished to patients, improving hospital or medical
procedures, compiling medical statistics, conducting medical research,
enforcing the Crown’s right of recovery under Part 5, or for any other purpose
considered by the Minister to be in the public interest, the Minister, or a
person authorized by the Minister, may require that all or any of the following
be sent to the Minister or authorized person or a person designated by the
Minister or authorized person:
(a) health
information and other records of any patient;
(b) extracts
from and copies of any health information or other records of any patient.
(c) repealed
RSA 2000 cH‑5 s117.
(3), (4) Repealed RSA 2000 cH‑5 s117.
(5) The
Minister or any person authorized by the Minister may, for the purpose of
enforcing the Crown’s right of recovery under Part 5, disclose information
obtained under subsection (2).
(6) A
board or employee of a board, the Minister or a person authorized by the
Minister, or a physician or a member of a professional staff may
(a) – (c) repealed
RSA 2000 cH‑5 s117,
(d) without
the written consent of a patient, disclose health information relating to the
patient to
(i) a Workers’ Compensation Board,
(ii) the Alberta Blue Cross Plan, or
(iii) any other provincial hospital insurance authority,
if the information is
required in order to establish responsibility for payment by the organization
or insurer, or to any other hospital to which the patient may be transferred or
admitted or to other attending physicians or attending professional staff.
(7) Repealed
RSA 2000 cH‑5 s117.
(8) The
following applies with respect to disclosing records of diagnostic and
treatment services in respect of a patient:
(a) the
Minister may, for the purposes mentioned in subsection (2) and without the
consent of any other person, disclose to or obtain from
(i) the Director of Medical Services appointed under the Occupational Health and Safety Act,
(ii) The Alberta Medical Association (C.M.A.‑Alberta Division),
(iii) the Department of Health (Canada) for purposes in connection with
the Canada Health Act (Canada), or
(iv) the government of a province or territory of Canada or an agent
of that government for purposes in connection with any health services or
hospital care insurance plan administered by that government or its agent,
any records of diagnostic
and treatment services provided in respect of a patient in an approved
hospital;
(b) repealed RSA 2000 cH‑5 s117;
(c) the
board of an approved hospital shall, after the discharge of a patient from the
hospital for the purpose of transferring the patient to another hospital or
nursing home inside or outside Alberta, forward to that other hospital or
nursing home copies of the appropriate records of diagnostic and treatment
services provided in respect of that patient for the use of the staff of that
other hospital or nursing home;
(d), (e) repealed
RSA 2000 cH‑5 s117;
(f) the
board of an approved hospital may disclose any records of diagnostic and
treatment services provided in respect of a patient
(i) to the Public Guardian, if the diagnosis, record or information
is, in the opinion of the person making the disclosure, relevant to the making
of a guardianship order, or
(ii) to the Public Trustee, if the diagnosis, record or information
is, in the opinion of the person making the disclosure, relevant to the making
of a trusteeship order
under the Dependent Adults Act in respect of the
person to whom the diagnosis, record or information relates;
(g) the
board of an approved hospital may disclose any records of diagnostic and
treatment services provided in respect of a patient to a board of review
appointed pursuant to the Criminal Code
(Canada) that is to review the case of the person to whom the records relate.
(9) The
board of an approved hospital may, in accordance with subsections (10) and
(11), disclose to an authorized person information respecting diagnostic and
treatment services provided to or in respect of a patient.
(10) Information
may be disclosed under subsection (9) only if it is needed for a preliminary
investigation, a discipline proceeding or a practice review conducted pursuant
to a professional Act.
(11) Information
may be disclosed under subsection (9) only if
(a) an
officer of an association regulated by a professional Act makes a written
request for it and the patient or the patient’s legal representative consents
to the disclosure, or
(b) the
disclosure is made by a member of the board of the approved hospital in
compliance with a notice, issued pursuant to a professional Act, to attend as a
witness or produce documents.
(12) For
the purposes of subsections (9), (10), (11) and this subsection,
(a) “authorized
person” means a person or body that is authorized by a professional Act to
conduct a preliminary investigation, a discipline proceeding or a practice
review;
(b) “professional
Act” means an Act that regulates a profession.
(13) Repealed
RSA 2000 cH‑5 s117.
(14) An
Appeal Board is entitled, for the purpose of an appeal under section 21, to
inspect and make copies of any health information or other records relating to
a patient and may admit a copy of the health information or other records in
evidence of the appeal, but all proceedings related to the health information
or other records must be held in private.
(15) to (17) Repealed
RSA 2000 cH‑5 s117.
(18) In
this section,
(a) “health
information” means health information as defined in the Health Information Act;
(a.1) “legal
representative” means an executor or administrator of the estate of a deceased
person, the guardian or trustee of a dependent adult under the Dependent Adults Act, the agent
designated in a personal directive made by a person in accordance with the Personal Directives Act or the guardian
of a minor;
(b) “mentally competent” means able to
understand the subject‑matter in respect of which consent is requested
and able to appreciate the consequences of giving or refusing consent.
RSA 2000 cH‑12
s24;RSA 2000 cH‑5 s117
Information to Minister
25(1) The board of an approved hospital shall on the
written request of the Minister provide to the Minister at the times and in the
manner specified in the request the records, reports and returns that are
specified in the request.
(2) Subject
to subsection (3), the council of a municipality that is included in a health
region may, if the regional health authority appoints members to a board of
management, require the board of management to send to the council a copy of
the minutes of each of the meetings of the board of management.
(3) A board of management shall remove from any
copy of minutes sent to a council under subsection (2) any portion of those
minutes pertaining to personal matters affecting an individual employee of the
board or any matter affecting the diagnosis or treatment of an individual
patient, where the name of the employee or patient is revealed or is otherwise
identifiable in the minutes.
RSA 1980 cH‑11
s41;1996 c22 s1(23)
Inquiry re management
26 The Minister and employees of the Government
authorized by the Minister for the purpose may make all necessary inquiries
into the management and affairs of hospitals, may visit and inspect hospitals
and may examine hospital records for the purpose of verifying the accuracy of
reports and ensuring that this Act and the regulations are adhered to.
RSA 1980 cH‑11 s42
Investigation or
mediation committee
27(1) When the Minister is requested to do so by the
board of an approved hospital, the Minister may authorize
(a) an
investigation into the administration or operation of the hospital or any
particular matter or problem that has arisen in connection with the
administration or operation of the hospital, or
(b) the
mediation of any dispute that has arisen in the course of the administration or
operation of the hospital.
(2) When
the Minister authorizes an investigation or mediation proceedings pursuant to
subsection (1), the Minister may designate any person or entity to conduct or
participate in the investigation or mediation proceedings.
(3) Where
the Minister designates one or more Associations to conduct or participate in
an investigation or mediation proceedings, the governing body of each
designated Association shall appoint one or more of the Association’s members
to the committee that is to conduct the investigation or mediation proceedings
and shall inform the Minister accordingly.
(4) The
committee consisting of the person or persons appointed pursuant to this
section
(a) shall
elect one of their number as chair, if there are 2 or more members on the
committee,
(b) shall
conduct the investigation or mediation proceedings authorized by the Minister,
and
(c) is
entitled to require from the board and its employees all information the
committee reasonably requires for the purpose of the investigation or mediation
proceedings and is entitled to access to the relevant records of the board for
that purpose.
(5) On
the completion of the investigation or mediation proceedings, the committee
shall prepare a report on it and submit a copy of the report to the board
concerned, the Minister and the persons and entities designated pursuant to
subsection (2).
(6) No
action lies against any person or entity designated pursuant to subsection (2)
or against any member of a committee constituted under this section in respect
of
(a) any
advice given or statements made in the committee’s report, or
(b) anything done or omitted to be done by the
committee or any member of the committee in good faith in the course of
conducting the investigation or mediation proceedings.
RSA 1980 cH‑11
s43;1996 c22 s1(24)
Regulations
28(1) The Lieutenant Governor in Council may make
regulations
(a) regarding
the approval of the locations, design and construction of hospitals and the
conditions under which approval will be granted;
(b) prescribing
the standards of service to be provided by approved hospitals;
(c) prescribing
the admission policies of approved hospitals and the types of patients that may
be admitted;
(d) concerning
the establishment and operation of schools, centres or other facilities for the
education or training of nurses or other hospital staff;
(e) concerning
the disposal of human tissues, whether removed during an operation, autopsy or
otherwise;
(f) prescribing
the powers and duties of boards concerning the appointment, re‑appointment,
suspension and termination of appointment and the delineation of hospital
privileges of members of medical staffs;
(g) defining
“professional staff” for the purposes of this Part;
(h) prohibiting
a board or board of management from using any of its funds to pay a physician
for providing insured services, as defined in the Alberta Health Care Insurance Act, without the prior approval of
the Minister;
(i) prescribing
procedures for the mediation of a decision of a board of an approved hospital
to refuse the appointment of a physician to its medical staff;
(j) governing
the use of out‑patient hostels or hostel beds instead of in‑patient
beds in approved hospitals;
(k) governing
the establishment of central placement offices for admission to an auxiliary
hospital or a nursing home;
(l) concerning
any other matters that in the opinion of the Lieutenant Governor in Council are
necessary in order to carry out the purposes of this Act.
(2) The
Minister may, by order,
(a) determine
which hospitals offer a standard of service that qualifies them as approved
hospitals and declare them to be approved hospitals, and
(b) direct, regulate and control any other
matters that may be required by this Act or the regulations.
RSA 1980 cH‑11
s44;1983 c81 s5(14);1996 c22 s1(25)
Committee of inquiry
29(1) The Minister may appoint a committee of inquiry
to which or to any member or members of which a question respecting the conduct
or management of an approved hospital may be referred for the purpose of making
an inquiry into the affairs of the hospital and reporting on it to the
Minister.
(2) The
committee, or any member or members, to whom a question is referred have all
the powers of a commissioner appointed under the Public Inquiries Act.
(3) The member or members of the committee shall
receive any remuneration that may be
fixed by the Minister.
RSA 1980 cH‑11
s45;1983 c81 s5(15)
Liability for hospital
charges
30(1) When hospital, medical or other services are
provided by a board to a person,
(a) if
the person is a minor and is unmarried and is not an adult interdependent
partner, that person and that person’s parents or guardians and their
respective executors and administrators are liable to the board of the hospital
for the payment of all proper charges for any services so provided;
(b) if
the person is an adult, that person and the spouse or adult interdependent
partner, if any, of that person and their respective executors and
administrators are liable to the board of the hospital for the payment of all
proper charges for any services so provided;
(c) if
that person is a minor and married or in an adult interdependent relationship,
that person and the spouse or adult interdependent partner of that person and
their respective executors and administrators are liable to the board of the
hospital for the payment of all proper charges for any services so provided;
(d) if
the person or any other person signs an agreement, admission form or other
document assuming responsibility for the payment of charges as a result of
which act the admission of the patient to the hospital is gained or hospital
services are obtained, the person or persons who sign the document and their respective
executors and administrators, notwithstanding the Guarantees Acknowledgment Act, are liable to the board of the
hospital for the payment of all proper charges for any services so provided.
(2) Notwithstanding
subsection (1), a spouse or adult interdependent partner is not liable to pay
for hospital charges incurred by the other spouse or adult interdependent
partner
(a) if
the other spouse or adult interdependent partner has deserted the spouse or
adult interdependent partner and has not contributed to the spouse’s or adult
interdependent partner’s support for at least 6 months immediately preceding
the hospitalization,
(b) if
the spouses are legally separated from each other, or
(c) if
the spouses or adult interdependent partners are living separate and apart and
a spouse or an adult interdependent partner, as the case may be, has not
contributed to the other spouse’s or adult interdependent partner’s support for
at least 6 months immediately preceding the hospitalization.
(3) In
this section, “proper charges” means the charges for services not provided as
insured services under Part 3 or charges for the payment of which patients are
liable pursuant to Part 3 or the regulations.
(4) The board of a hospital may recover from any
person liable for the payment of it, in a court of competent civil jurisdiction
as a debt, the amount of any charges for the payment of which a person is made
liable by this section.
RSA 2000 cH‑12
s30;2002 cA‑4.5 s41
Discharge or transfer of
patients
31(1) Subject to subsections (2) and (3), the
Minister or the board or administrator of an approved hospital may
(a) declare
that a patient is no longer in need of the services provided by that hospital
or of the services provided in a particular ward, section or unit of that
hospital, and is eligible for transfer or discharge;
(b) move
the patient
(i) to another type of accommodation or to another ward, section or
unit of that hospital,
(ii) to another approved hospital, or
(iii) to a nursing home or other accommodation.
(2) The
Minister may act under subsection (1) on the basis of reports of the attending
physician or the attending professional staff and the hospital records.
(3) The
board or administrator may act under subsection (1) only after the board or
administrator has consulted with the attending physician or the attending
professional staff or a committee established to consider matters referred to
in subsection (1).
(4) Any
patient who has been declared eligible for transfer or discharge as provided in
this section and who refuses or fails to move or to leave when requested to do
so is a trespasser.
(5) Any other person who remains on hospital
premises without the consent of the board or of a representative of the board
and who fails or refuses to leave the premises when ordered to do so is a
trespasser.
RSA 1980 cH‑11
s48;1996 c22 s1(28)
Removal of discharged
patients
32(1) When a patient has been declared eligible for
discharge under section 31(1), the board or a representative of the board may
require that the removal of that patient be effected by
(a) any
person made liable for the payment of hospital services in respect of the
patient pursuant to section 30, or
(b) the
Minister of Human Resources and Employment in the case of a patient who is a
tourist, transient or visitor in Alberta.
(2) The
administrator may by registered mail notify the person responsible for the
removal of a patient to remove the patient from the hospital within 10 days
from the date of receipt of notification.
(3) The
administrator shall send a copy of any notice given pursuant to subsection (2)
to the local welfare officer, the Department of Human Resources and Employment
and the Minister.
(4) A
person referred to in subsection (1)(a) who fails to comply with a notice given
pursuant to subsection (2) is guilty of an offence and liable to a fine of not
more than $50 and in default of payment to imprisonment for a term not
exceeding 10 days.
(5) Notwithstanding
any other Act, a person referred to in subsection (1)(a) who fails to comply
with a notice given pursuant to subsection (2) is liable to pay to the board of
the hospital or to the Minister, the cost of caring for the patient from the
date of the mailing of the notice; the cost to be calculated by multiplying the
number of days during which the patient remained in the hospital subsequent to
that date by the daily rate for non‑eligible patients that is currently
in effect under Part 3 or the regulations.
(6) In the event of a dispute arising between a
person referred to in subsection (1)(a) and a board in respect of this section,
the matter may be referred to the Minister by the person or the board, and the
Minister’s decision on the matter is final.
RSA 1980 cH‑11
s49;1986 cD‑27.1 s13;
1989 c10 s7;1996 c22 s1(29)
Registration of births
33 The board of an approved hospital shall in
respect of each birth in the hospital ensure that the statement of birth
required under the Vital Statistics Act
is completed and forwarded to the Director of Vital Statistics.
RSA 1980 cH‑11 s50
Notice of board
appointments
34 The board of each approved hospital shall
forward to the Minister the names and postal addresses of
(a) in
the case of the board of a non‑regional hospital, the members of the
board and its officers;
(b) the
administrator of the hospital;
(c) any
other officers or employees of the board that the Minister may from time to
time require,
immediately on the election or appointment of those
persons.
RSA 1980 cH‑11
s51;1996 c22 s1(30)
Withholding of grants
35 If the board of an approved hospital fails to
comply with this Act or the regulations, the Minister may suspend or adjust any
grants or payments to which the hospital may be entitled under this Act until
the board complies with this Act or the regulations.
RSA 1980 cH‑11 s52
Part 3
Hospitalization Benefits Plan
Definitions
36 In this Part,
(a) “Agreement”
means the Agreement, as amended from time to time, made on July 23, 1980,
between the Minister of Health (Alberta), and the Minister of National Health
and Welfare (Canada) pursuant to the Canada Act;
(b) “approved
operating costs” means the portion of costs of operating hospitals met by the
hospitalization plan;
(c) “authorized
charges” means authorized charges as defined in the regulations;
(d) “beneficiary”
means a person who receives insured services under this Part;
(e) “Canada
Act” means the Hospital Insurance and
Diagnostic Services Act (Canada), RSC 1970 cH‑8;
(f) “capital
costs” includes the annual amount of principal and interest on debentures or
loans as approved;
(g) “group
contract” means a contract of insurance whereby 2 or more persons other than
members of the same family are insured severally under a single contract of
insurance;
(h) “insured
services” means the hospital services the operating costs of which will be
provided for under this Part;
(i) “insurer”
means an insurer licensed under the Insurance
Act;
(j) “standard
ward hospitalization” means the following services to in‑patients:
(i) accommodation and meals at the standard or public ward level;
(ii) necessary nursing services;
(iii) laboratory, radiological and other diagnostic procedures,
together with the necessary interpretation, for the purpose of maintaining
health, preventing disease and assisting in the diagnosis and treatment of any
injury, illness or disability;
(iv) drugs, biologicals and related preparations when administered in
a hospital, as specified in the Agreement;
(v) use of operating room, case room and anaesthetic facilities,
including necessary equipment and supplies, where available;
(vi) routine surgical supplies;
(vii) use of radiotherapy facilities, where available;
(viii) use of physical therapy facilities, where available;
(ix) services rendered by persons who receive
remuneration for those services from the hospital.
RSA 1980 cH‑11
s53;1983 c81 s5(16);
1984 cP‑7.5 s84;1996 c22 s1(32)
Insured services
37(1) The insured services to be provided under this
Part shall be those furnished
(a) by
an approved hospital of the patient’s choice, and
(b) by
any other institutions or persons that are prescribed in the regulations.
(2) The
insured services to be provided under this Part shall include
(a) standard
ward hospitalization in an approved hospital, and
(b) any other goods and services that are prescribed
in the regulations.
RSA 1980 cH‑11
s54;1985 c32 s4
Entitlement to insured
services
38(1) Subject to the following exclusions, a resident
of Alberta is entitled to receive insured services under this Part except when,
in respect of those services,
(a) the
resident is or could be entitled to hospital services from another province or
territory that has entered into a hospitalization plan with the Government of
Canada under the Canada Act,
(b) the
resident is entitled to receive hospital services pursuant to any workers’
compensation statute of any province or territory,
(c) the
resident is entitled to receive hospital services under any statute of Canada
or of any province or territory of Canada, as specified in the Agreement, or
(d) the
resident is declared, pursuant to Part 2, to be not in need of hospital
services.
(2) Notwithstanding
subsection (1), a resident of Alberta is not entitled to receive insured
services
(a) if
the resident is registered under the Health
Insurance Premiums Act but has filed a declaration under section 25 of that
Act or is a dependant of that person and to whom the declaration extends and
applies and the services are provided during a period in which the declaration
is effective, or
(b) if
the insured services are provided during a waiting period applicable to the
resident and prescribed by the regulations.
(3) For
the purposes of this section, the registration of a person under the Health Insurance Premiums Act shall be
accepted as proof, in the absence of evidence to the contrary, that the
resident is a resident of Alberta.
(4) Notwithstanding anything in this or any other
Act, no person shall, in an emergency, be refused admission to an approved
hospital or be refused the provision of any services by an approved hospital by
reason only of the fact that the person is not entitled to receive insured
services.
RSA 1980 cH‑11
s55;1981 c62 s22(1.2);1983 c32 s2;1984 c26 s3
Recovery of cost of
services
39 When hospital services are provided to a person
who has filed a declaration under section 25 of the Health Insurance Premiums Act, or to a dependant of that person,
during a period in which the declaration is effective, the board of the
approved hospital is entitled to recover the cost of those services only from
the person filing the declaration, and no part of those costs shall be shared
by the Government of Alberta.
RSA 1980 cH‑11
s56;1984 c26 s3;1996 c22 s1(33)
Payment for insured
services
40 Nothing in this Part is to be construed to
prevent a person who does not desire to receive insured services as provided
pursuant to this Part from assuming the entire responsibility for the payment
of the costs of the person’s hospital services.
RSA 1980 cH‑11 s57
Operating costs
41 Approved hospital operating costs shall be
shared between the patients and the Government of Alberta on a basis that is to
be set out in the regulations.
RSA 1980 cH‑11 s59
Debentures
42(1) When pursuant to any regulations, provision is
made for the payment of sums for capital costs to the owners of approved
hospitals, the Minister may in accordance with the regulations undertake to
provide the sums required by making any payments or part of them of principal
and interest on specified debentures or of any rentals or part of them or
otherwise as may be required in the circumstances, either to the approved
hospital or to its assignee or agent as agreed on by the hospital and the
Minister.
(2) An undertaking by the Minister under this
section may be endorsed on any debentures of the approved hospital to which the
undertaking applies or on any instrument of lease or conveyance of the property
of the approved hospital and the signature of the Minister and the endorsement
may be engraved, lithographed or otherwise mechanically reproduced on it.
RSA 1980 cH‑11 s61
Regulations
43 The Lieutenant Governor in Council may make
regulations
(a) prescribing
the basis on which the Minister may make contracts with hospitals, other than
approved hospitals, for the provision of standard ward hospitalization or other
services to be furnished to patients as insured services under this Part;
(b) prescribing
the goods and services for the purpose of section 37(2)(b);
(c) prescribing
the institutions and persons for the purpose of section 37(1)(b);
(d) respecting
the amounts payable by the Government of Alberta in respect of goods and
services provided to a resident of Alberta outside Alberta that if provided in
Alberta would be insured services;
(e) respecting
a schedule of fees for goods and services provided to a person not entitled to
receive insured services;
(f) respecting
the disposition of fees that are authorized under clause (e) and are charged
for goods and services provided to non‑residents of Canada;
(g) prescribing
the waiting period, not exceeding 3 months, for a person who is or becomes a
resident of Alberta and during which that person is not entitled to be provided
with insured services;
(h) prescribing
the basis on which approved operating costs and capital costs of hospitals are
determined;
(i) prescribing
the rates and manner of payment by the Minister of the Minister’s share of the
operating and capital costs of hospitals and the manner of accounting by
hospitals for those payments;
(j) providing
for the payment of sums for capital costs to the owners of approved hospitals
in Alberta including the payment of sums required under approved lease‑back
arrangements;
(k) defining
“authorized charges”;
(l) respecting
the basis of sharing the operating costs of hospitals between the Minister,
patients and other persons using hospital facilities, the assessment and
collection of authorized charges and charges for accommodation and meals where
hostel accommodation is provided, and exemptions from those charges;
(m) providing
for the payment by the Minister of all or any part of the authorized charges on
behalf of patients suffering from specific diseases or conditions;
(n) providing
for the imposition of penalties in the way of suspension or cancellation of
payments that may be imposed on an approved hospital that gives incorrect
information to the Minister, or that withholds from the Minister information
that the approved hospital is required by this Act or the regulations to
supply;
(o) prohibiting
or regulating changes in existing services or educational programs in approved
hospitals or the introduction of new services or educational programs in
approved hospitals;
(p) prohibiting
or regulating the sale, lease or other disposition of real and personal
property by a board of an approved hospital, other than a regional health
authority;
(q) concerning any other matter considered
necessary to carry out the purposes and objects of this Part.
RSA 1980 cH‑11
s62;1983 c81 s5(17);1985 c32 s4;
1994 cR‑9.07 s25(15);1996 c22 s1(35);2000 cH‑3.3 s33
Group contracts
44(1) Subject to subsection (2), an insurer shall not
make a new contract or add new members to a group contract under which a
resident of Alberta is to be provided with or is to be reimbursed or
indemnified for the cost of
(a) standard
ward hospitalization, including authorized charges for it, or
(b) any
other insured services, other than authorized charges for those other services.
(2) An
insurer
(a) may
continue to renew all contracts in existence on July 1, 1961 and
(b) may
issue a contract of insurance in respect of the cost of insured services if
(i) the contract is issued to a person who has filed a declaration
under section 25 of the Health Insurance
Premiums Act,
(ii) the contract provides insurance coverage for that person and that
person’s dependants as defined in the regulations under that Act,
(iii) the insurance coverage relates to insured services provided
during a period for which the person’s
declaration is effective, and
(iv) no coverage is provided in respect of the cost of authorized
charges for standard ward hospitalization.
(3) A contract made in contravention of subsection
(1) or that does not comply with subsection (2)(a) or (b) is void.
RSA 1980 cH‑11
s63;1983 c81 s5(18);1984 c26 s3;1996 c22 s1(36)
Agreements
45(1) The Minister has the authority on behalf of the
Government of Alberta, and it is deemed that the Minister has always had the
authority, to enter into an agreement under the Canada Act and to amend the
agreement from time to time as the circumstances may require.
(2) The Minister may on behalf of the Government of
Alberta enter into an agreement with the Government of Canada providing for the
making of contributions by Canada to Alberta in respect of the costs incurred
by Alberta in providing insured services to Indians residing in Indian reserves
in Alberta.
RSA 1980 cH‑11 s64
Penalty
46 A person who contravenes this Part or the
regulations is guilty of an offence and liable to a fine of not more than $1000
and in default of payment to a term of imprisonment not exceeding one year.
RSA 1980 cH‑11
s66;1996 c22 s1(37)
Use of word “hospital”
47 No owner or operator of an institution for the
care of diseased, mentally disordered, injured or sick people shall describe
the institution or permit it to be described as a hospital or use or permit the
use of the word “hospital” in the name of the institution unless the
institution
(a) is
an approved hospital, or
(b) is owned or operated by the Crown or an
agent of the Crown.
RSA 1980 cH‑11
s67;1996 c22 s1(38)
Part 4
Hospital Foundations
Definitions
48 In this Part,
(a) “board”
means a board as defined in section 9, but does not include
(i) the Alberta Cancer Board under the Cancer Programs Act,
(ii) a provincial health board under the Regional Health Authorities Act,
(iii) a regional health authority;
(b) “foundation”, except in section 58, means a
foundation established under this Part.
1983 c81 s5(19);1985 c32
s4;1988 cM‑13.1 s55;
1994 cR‑9.07 c25(15);1996 c22 s1(39)
Establishment, status
and composition
49(1) A board may by bylaw establish a hospital
foundation.
(2) A
bylaw establishing a foundation on or after March 29, 1985 has no effect until
a certified copy of the bylaw is filed with the Minister.
(3) A
foundation, on its establishment, is a corporation.
(4) A
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) 2
persons who
(i) are residents of Alberta,
(ii) are not members of the board, and
(iii) are appointed trustees by the board.
(5) Appointments referred to in subsection (4)(b)
and (c) shall be made for terms not exceeding 3 years.
1983 c81 s5(19);1985 c32
s4
Chair
50 The trustees shall appoint a chair of the
foundation from among themselves.
1983 c81 s5(19)
Bylaws and frequency of
meetings
51(1) The trustees may make bylaws governing the
procedure and business of the foundation, including the expenses referred to in
section 55(2).
(2) Notwithstanding subsection (1), the trustees
shall meet at least once a year on a date that, unless fixed by the bylaws, is
to be fixed by the chair of the trustees.
1983 c81 s5(19)
Objects
52 The objects of a foundation are
(a) to
solicit and receive by gift, bequest, devise, transfer or otherwise, property
of every nature and description,
(b) subject
to any prior trust conditions imposed on the use of the property, to hold, use
and administer the property generally for maintaining and enhancing hospital
care for the people of the community served by the hospitals administered by
the board, and, in particular, to finance or assist in the financing of the
construction, equipping, operation, maintenance and management of those
hospitals or facilities forming part of those hospitals, and
(c) to further health care education in that
community.
1983 c81 s5(19);1984 c22
s1
Transfer of property to
board
53 A foundation may, subject to any prior trust
conditions, transfer any of its property to the board on any terms that it
considers expedient.
1983 c81 s5(19)
Transfer of board
property
54 Except as provided by regulation, a board may
not transfer any of its property to a foundation.
1985 c32 s4
Payments to trustees
55(1) The payment of any dividend or remuneration out
of the funds of a foundation to any of the trustees is prohibited.
(2) A trustee may be reimbursed out of the funds of
a foundation for the travelling and living expenses provided for in the bylaws
that are necessarily incurred by the trustee in the performance of the
trustee’s duties.
1983 c81 s5(19)
Fiscal year and annual
report
56(1) The fiscal year of a foundation is April 1 to
the following March 31.
(2) At the end of the fiscal year a 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.
1983 c81 s5(19);1996 c22
s1(40)
Non-application of Loan
and Trust Corporations Act
57 Notwithstanding anything in the Loan and Trust Corporations Act, a
foundation shall not be considered to be a trust corporation for the purposes
of that Act.
1983 c81 s5(19);1991 cL‑26.5
s335(22)
Prohibitions against
establishing and operating
hospital foundations
58(1) A board shall not establish a hospital
foundation except in accordance with this Part.
(2) No person shall operate a hospital foundation
established to benefit a general or auxiliary hospital, including any
corporation established before March 29, 1985, to receive, hold, administer and
apply any property or the income from it for purposes or objects in connection
with a hospital, unless exempted by the Minister subject to any terms and
conditions the Minister prescribes.
1983 c81 s5(19);1985 c32
s4
Winding‑up
59(1) In the event of the winding‑up of a
foundation, the property of the foundation must be used
(a) first,
in the payment of any costs incurred in the winding‑up of the foundation,
(b) 2nd,
in the discharge of all liabilities of the foundation, and
(c) 3rd,
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 condition under which the property is held.
1983 c81 s5(19);1985 c32
s4
Regulations
60 The Lieutenant Governor in Council may make
regulations
(a) respecting
the types and amounts of property that a board may transfer to a foundation and
the circumstances under which that property may be transferred;
(b) subject to section 59, governing the winding‑up
of a foundation.
1983 c81 s5(19);1985 c32
s4
Part 5
Crown’s Right to Recover
Health Costs
Definitions
61 In this Part,
(a) “automobile”
means an automobile as defined in the Insurance
Act;
(b) “automobile
insurer” means an insurer under a motor vehicle liability policy;
(c) “beneficiary”
means a person who receives health services for personal injuries;
(d) “Crown”
means Her Majesty in right of Alberta;
(e) “Crown’s
cost of health services” means the direct and indirect costs of the Crown for
health services as determined and calculated in accordance with this Part and
the regulations;
(f) “Crown’s
right of recovery” means the Crown’s right, under Division 1 of this Part, to
recover the Crown’s cost of health services;
(g) “Director”
means the Director of Third Party Liability appointed under section 94;
(h) “health
services” means the following, whether provided inside or outside Alberta:
(i) in‑patient and out‑patient services provided in a
hospital or other facility;
(ii) health services as defined in the Alberta Health Care Insurance Act;
(iii) transportation services, including air and ground ambulance
services;
(iv) public health services;
(v) mental health services;
(vi) drug services;
(vii) any good or service prescribed to be a health service by the
regulations;
(i) “motor
vehicle liability policy” means a motor vehicle liability policy as defined in
the Insurance Act evidencing a contract
of insurance that has been made or renewed in Alberta or that is deemed under
the Insurance Act to have been made
or renewed in Alberta;
(j) “settlement”
means an agreement to terminate a legal dispute;
(k) “third
party liability insurance” means that portion of an insurance contract
evidenced by a motor vehicle liability policy that insures against liability
resulting from bodily injury to or the death of one or more persons and loss of
or damage to property;
(l) “wrongdoer” means a person whose wrongful
act or omission results in personal injuries to a beneficiary.
1994 c37 s4;1996 c24 s1
Application of s626.1,
Insurance Act
61.1 Nothing in section 626.1 of the Insurance
Act affects the application of this Part.
2003 c40 s23
Division 1
Crown’s Right of Recovery
Crown’s right of recovery
62(1) If a beneficiary receives health services for
personal injuries suffered as a result of a wrongful act or omission of a
wrongdoer, the Crown has the right to recover from the wrongdoer the Crown’s
cost of health services
(a) for
health services that the beneficiary has received for those personal injuries,
and
(b) for
health services that the beneficiary will likely receive in the future for
those personal injuries.
(2) If
a beneficiary is contributorily negligent, the Crown is entitled to recover
100% of the Crown’s cost of the beneficiary’s health services less a percentage
for the beneficiary’s contributory negligence as determined under sections 63
and 64.
(3) Notwithstanding
this Division, the Crown does not have a right to recover the Crown’s cost of
health services provided to a beneficiary if
(a) the
beneficiary’s personal injuries are caused by an act or omission of a wrongdoer
in the use or operation of an automobile, and
(b) the wrongdoer is, when the injuries are
caused, insured under a motor vehicle liability policy.
1994 c37 s4;1996 c24 s1
Determining contributory
negligence
63(1) This section applies when a beneficiary has
obtained a judgment against a wrongdoer that is based on a claim that gives
rise to the Crown’s right of recovery before the Crown has obtained a judgment
against or entered into a settlement with the wrongdoer based on the Crown’s
right of recovery.
(2) This
section does not apply when the judgment obtained by the beneficiary implements
or approves a structured settlement.
(3) If a beneficiary obtains a judgment that
indicates that the beneficiary’s claim has been reduced by a specified
percentage because of the beneficiary’s contributory negligence, the specified
percentage in the judgment is the percentage of contributory negligence to be
used to calculate the Crown’s entitlement under section 62(2).
1994 c37 s4
Determining contributory
negligence
64 Unless section 63 applies, the percentage
of contributory negligence to be used to calculate the Crown’s entitlement
under section 62(2) is,
(a) if
the Crown obtains a judgment against the wrongdoer, the percentage specified in
the judgment, or
(b) if the Crown enters into a settlement with
the wrongdoer, the percentage specified in the settlement.
1994 c37 s4
Commencement of Crown’s right
65 The Crown’s right of recovery arises for
all purposes when the beneficiary
receives health services for which there is a cost to the Crown for personal
injuries suffered as a result of a wrongful act or omission of a wrongdoer.
1994 c37 s4
Interest
66(1) When the Crown obtains a judgment based on the
Crown’s right of recovery, the court shall award interest calculated in
accordance with the regulations from the date that the Crown’s right of
recovery arose to the date of the judgment.
(2) The
interest shall be awarded on that part of the judgment that represents the
Crown’s cost of health services for health services that the beneficiary has
received to the date of the judgment.
(3) The
rate of interest to be used to calculate the award of interest is the rate of
interest for pecuniary damages that is established for each year under Part 1
of the Judgment Interest Act.
(4) For
the purposes of enforcing a judgment, interest awarded under this section is
included in the judgment.
(5) If
a wrongdoer
(a) pays
money into court in satisfaction of the claim of the Crown, or
(b) makes
an offer of judgment specifying the terms on which the wrongdoer is willing to
settle the claim of the Crown,
and the Crown does not
accept the payment or the offer and obtains a judgment for an amount equal to
or less than the amount paid into court or the amount offered, the court shall
award interest from the date that the Crown’s right of recovery arose only to
the day the payment into court was made or the date of service of the offer of
judgment, as the case may be.
(6) Except for the rate of interest referred to in
subsection (3), Part 1 of the Judgment
Interest Act does not apply to the Crown’s right of recovery.
1994 c37 s4
Limitation period
67 The limitation period to commence an action
based on the Crown’s right of recovery is the period that ends 6 months after
the expiration of the beneficiary’s limitation period to commence an action
against the wrongdoer.
1994 c37 s4
Settlement
68(1) The Director may enter into a settlement
respecting the Crown’s right of recovery.
(2) When
the terms of a settlement are met, the Director may release a person from
liability to the Crown in respect of the Crown’s right of recovery.
(3) If the Director believes that the cost of
pursuing the Crown’s right of recovery in a particular case will exceed the
benefit to the Crown, the Director may release a person from liability to the
Crown in respect of that right without receiving any payment.
1994 c37 s4
Director’s certificate
69(1) The Director may issue one or more certificates
that set out
(a) the
health services that a beneficiary has received and the health services that a
beneficiary will likely receive in the future for personal injuries suffered as
a result of a wrongful act or omission of a wrongdoer for which there is a cost
to the Crown, and
(b) the
Crown’s cost of those health services.
(2) For
the purposes of the Crown’s right of recovery, a certificate is proof, in the
absence of evidence to the contrary, of the health services referred to in
subsection (1)(a).
(3) For
the purposes of the Crown’s right of recovery, after the health services for
which there is a cost to the Crown have been determined, a certificate is
conclusive proof of the Crown’s cost of those health services.
(4) A certificate is admissible in evidence without
proof of the signature, authority or office of the person purporting to have
signed the certificate.
1994 c37 s4
Priority of beneficiary’s payments
70(1) Subject to subsection (2) and the regulations,
payments to a beneficiary under a judgment obtained against or a settlement
entered into with a wrongdoer that is based on a claim that gives rise to the
Crown’s right of recovery have priority over payments to the Crown under a
judgment obtained against or a settlement entered into with the wrongdoer that
is based on the Crown’s right of recovery.
(2) Subsection
(1) does not apply to a payment received by the Crown under a judgment obtained
against or a settlement entered into with a wrongdoer before the beneficiary
has obtained a judgment against or entered into a settlement with the
wrongdoer.
(3) When
the Crown has received a payment under a judgment obtained against or a
settlement entered into with a wrongdoer before the beneficiary has obtained a
judgment against or entered into a settlement with the wrongdoer, the Director
may pay to the beneficiary an amount that does not exceed the payment received
by the Crown if
(a) the
beneficiary subsequently obtains a judgment or enters into a settlement with the wrongdoer, and
(b) the Director believes that the beneficiary
will not receive the full amount to which the beneficiary is entitled under the
judgment or settlement.
1994 c37 s4
Structured settlements -
terms and conditions
71(1) This section applies when
(a) a
beneficiary has entered into a structured settlement with a wrongdoer or
obtained a judgment against a wrongdoer that implements or approves a structured
settlement that is based on a claim that gives rise to the Crown’s right of
recovery, and
(b) the
Crown has obtained a judgment against or entered into a settlement with the
wrongdoer that is based on the Crown’s right of recovery.
(2) The
Director, under subsection (3), may impose on the structured settlement terms
and conditions authorized by the regulations respecting payments to the Crown
under the Crown’s judgment or settlement.
(3) Terms
and conditions may be imposed if
(a) the
beneficiary dies or requires institutional health care on a permanent basis
after the structured settlement is entered into or the judgment that implements
or approves the structured settlement is obtained,
(b) the
payments to or on behalf of the beneficiary under the structured settlement are
to continue after the beneficiary dies or requires institutional health care on
a permanent basis, and
(c) the
Director believes that the structured settlement does not adequately provide
for payments to the Crown under the Crown’s judgment or settlement after the
beneficiary dies or requires institutional health care on a permanent basis.
(4) If
the Director imposes terms and conditions under this section,
(a) the
terms and conditions form part of the structured settlement, and
(b) the Crown is deemed to be a party to the
structured settlement for the purpose of enforcing the terms and conditions.
1994 c37 s4
Beneficiary’s duty
72 A beneficiary who consults a lawyer or
has someone consult a lawyer on the beneficiary’s behalf in respect of personal
injuries suffered by the beneficiary as a result of a wrongful act or omission
of a wrongdoer shall, as soon as possible after the consultation, provide the
Director with the information prescribed by the regulations.
1994 c37 s4
Information from
beneficiary
73(1) The Director may request a beneficiary to
provide information relating to the wrongful act or omission of the wrongdoer,
the personal injuries that the beneficiary has suffered and the health services
that have been received for those injuries.
(2) A beneficiary who receives a request to provide
information under subsection (1) shall, as soon as possible, comply with the
request.
1994 c37 s4
Beneficiary’s duty to co-operate
74(1) A beneficiary shall co‑operate fully with
the Minister and the Director and their agents and legal counsel in
establishing and proving the Crown’s right of recovery in respect of the
beneficiary.
(2) If the Crown is unable to recover all or a
portion of the Crown’s cost of health services under the Crown’s right of
recovery because the beneficiary has not complied with subsection (1), the
Crown has the right to recover from the beneficiary the amount of the Crown’s
cost of health services that the Crown was unable to recover from the
wrongdoer.
1994 c37 s4;1996 c24 s1
Insurer’s duty
75 An insurer who is notified of circumstances in
which the Crown’s right of recovery may arise shall, as soon as possible,
notify the Director of those circumstances and provide the Director with the
information prescribed by the regulations.
1994 c37 s4
Information relating to
health services
76(1) The Director may request any person who has
information respecting the health services provided to a beneficiary to provide
the Director with that information.
(2) A
person who receives a request to provide information under subsection (1)
shall, as soon as possible, comply with the request.
(3) The provision of information under this section
is subject to any solicitor‑client privilege.
1994 c37 s4
Structured settlements
77 If a beneficiary enters into a structured
settlement with a wrongdoer or obtains a judgment against a wrongdoer that
implements or approves a structured settlement that is based on a claim that
gives rise to the Crown’s right of recovery, the wrongdoer shall, as soon as
possible after the structured settlement is entered into or the judgment is
obtained, provide the Director with a copy of the structured settlement.
1994 c37 s4
Wrongdoer’s insurance
78 If
(a) a
beneficiary obtains a judgment against a wrongdoer or enters into a settlement
with a wrongdoer that is based on a claim that gives rise to the Crown’s right
of recovery, and
(b) the
wrongdoer has insurance against liability in respect of the personal injuries
suffered by the beneficiary,
the wrongdoer shall, as soon as possible after the judgment
has been obtained or the settlement has been entered into, provide the Director
with information respecting the insurance as specified by the Director and, if
required by the Director, a copy of the insurance policy.
1994 c37 s4
Order for information
and documents
79(1) If a beneficiary, insurer or other person fails
to provide information under one or more of sections 72 to 76 or if a wrongdoer
fails to provide a copy of a structured settlement under section 77 or
information or a copy of an insurance policy under section 78, the Director may
apply by originating notice to the Court of Queen’s Bench for an order
compelling the beneficiary, insurer or other person to provide the information
or compelling the wrongdoer to provide a copy of the structured settlement or
insurance policy.
(2) The
Court may, subject to any conditions that it considers appropriate, grant an
order compelling the beneficiary, insurer or other person to provide the
information if it is satisfied that
(a) the
information is in the possession or under the control of the beneficiary,
insurer or other person, and
(b) the
information is relevant to the Crown’s right of recovery.
(3) The
Court may, subject to any conditions that it considers appropriate, grant an
order compelling the wrongdoer to provide a copy of the structured settlement
if it is satisfied that the wrongdoer has entered into a structured settlement
with a beneficiary that is based on a claim that gives rise to the Crown’s
right of recovery.
(4) The
Court may, subject to any conditions that it considers appropriate, grant an
order compelling the wrongdoer to provide information respecting the
wrongdoer’s liability insurance or a copy of the insurance policy if it is
satisfied that
(a) the
beneficiary has obtained a judgment against or entered into a settlement with
the wrongdoer that is based on a claim that gives rise to the Crown’s right of
recovery, and
(b) the wrongdoer has insurance against
liability in respect of the personal injuries suffered by the beneficiary.
1994 c37 s4
Offence
80(1) A beneficiary, insurer, other person or
wrongdoer who fails to comply with an order obtained under section 79 is guilty
of an offence and liable to a fine of not more than $10 000.
(2) Nothing in this section affects the remedies
available to enforce an order obtained under section 79.
1994 c37 s4
Order for medical
examination
81(1) The Director may, after an action based on the
Crown’s right of recovery is commenced against a wrongdoer, apply for an order
directing the beneficiary to submit to an examination by a physician under Part
14 of the Alberta Rules of Court, and
that Part applies to the Crown’s right of recovery.
(2) The Crown is responsible for the reasonable expenses
incurred by the beneficiary as a result of an examination ordered under this
section.
1994 c37 s4
Division 2
Crown’s Cost of Health Services - Automobile Accidents
Aggregate assessment
82(1) The Minister shall establish, in accordance
with the regulations, for each calendar year an aggregate assessment payable by
automobile insurers.
(2) The
aggregate assessment for a calendar year is
(a) the
Minister’s estimate of the Crown’s cost of health services for personal
injuries suffered by a beneficiary as a result of a wrongful act or omission of
a wrongdoer in the use or operation of an automobile in that calendar year if
the wrongdoer was insured under a motor vehicle liability policy when the
injuries were caused, and
(b) a
portion, as established by the regulations, of the Minister’s estimate of the
Crown’s cost of insured services as defined in section 36(h) for personal
injuries suffered by a beneficiary as a result of a wrongful act or omission of
a wrongdoer in the use or operation of an automobile that occurred before
August 1, 1996 if
(i) the wrongdoer was insured under a motor vehicle liability policy
when the injuries were caused, and
(ii) no judgment has been obtained or settlement
entered into in respect of the Crown’s cost of the insured services before
August 1, 1996.
RSA 2000 cH‑12
s82;2002 c30 s14
Procedure for
establishing aggregate assessment
83(1) Before establishing the aggregate assessment
for a calendar year, the Minister shall
(a) calculate
a proposed aggregate assessment for that calendar year,
(b) provide
a notice of the proposed aggregate assessment and of the right to make
representations concerning the assessment to each automobile insurer who is
licensed to provide automobile insurance under the Insurance Act when the notice is sent out, and
(c) select
a person to hear representations.
(2) If
representations are made to the person selected by the Minister, the person
shall provide the Minister with a report on them.
(3) The Minister shall, after considering any report
under subsection (2), establish, in accordance with the regulations, the
aggregate assessment for the calendar year and notify the Minister of Finance
and the automobile insurers referred to in subsection (1)(b) of the amount of
the aggregate assessment.
RSA 2000 cH‑12
s83;2006 c23 s42
Automobile insurer’s duty to provide information
84 An automobile insurer who is licensed to
provide automobile insurance under the Insurance
Act for all or a portion of a calendar year shall, at the times specified
by the Director, provide the Director with the information prescribed by the
regulations.
1994 c37 s4;1996 c24 s1
Assessment factor
85 After the Minister of Finance receives
notice of the aggregate assessment for a calendar year, the Minister of Finance
shall
(a) establish,
in accordance with the regulations, the assessment factor for that year, and
(b) provide a notice of the assessment factor to
each automobile insurer who is licensed to provide automobile insurance under
the Insurance Act when the assessment
factor is established and to each automobile insurer who becomes so licensed in
the calendar year for which the assessment factor is established.
RSA 2000 cH‑12
s85;2006 c23 s42
Automobile insurer’s duty to pay
86(1) An automobile insurer who is licensed to
provide automobile insurance under the Insurance
Act for all or a portion of a calendar year for which an assessment factor
has been established shall pay to the Crown an amount that is the product
obtained when the assessment factor for the calendar year is multiplied by the
total premiums written by the automobile insurer for third party liability
insurance in the calendar year.
(2) The manner of and time for making a payment
under subsection (1) are governed by the regulations.
1994 c37 s4;1996 c24 s1
Duty to report premiums
87(1) An automobile insurer who was licensed to
provide automobile insurance under the Insurance
Act for all or a portion of a calendar year for which an assessment factor
was established shall, on or before March 15 of the following year, file with
the Minister of Finance a report of the premiums for third party liability
insurance written in the calendar year for which the assessment factor was
established.
(2) An
automobile insurer referred to in subsection (1) shall file the report in a
manner and form specified by the Minister of Finance.
(3) An automobile insurer who fails to file a
report for a calendar year as required by this section shall pay a penalty to
the Crown in accordance with the regulations.
RSA 2000 cH‑12 s87;2006
c23 s42
Interest
88 If an automobile insurer does not make a
payment under section 86 or pay a penalty under section 87 in the manner or at
the time specified in the regulations, the insurer shall pay interest to the
Crown in accordance with the regulations.
1994 c37 s4;1996 c24 s1
Duty to provide other
information
89(1) The Minister of Finance may by notice direct an
automobile insurer to provide any information or document that the Minister of
Finance requires for the purposes of establishing an assessment factor or
determining amounts payable to the Crown under this Division.
(2) An automobile insurer who receives a notice
under subsection (1) shall provide the information or document to the Minister
of Finance within the time period specified in the notice.
RSA 2000 cH‑12
s89;2006 c23 s42
Estimate of amounts
payable
90(1) If
(a) an
automobile insurer does not provide information under section 87 or 89 in
respect of a calendar year or provides the information late, or
(b) the
Minister of Finance has reason to believe that the information provided under
section 87 or 89 in respect of a calendar year is not correct,
the Minister of
Finance may, using the Minister of Finance’s estimate of premiums for third
party liability insurance written by the automobile insurer in that calendar
year, establish an amount that the automobile insurer is required to pay in
respect of that calendar year.
(2) If
the Minister of Finance establishes an amount that an automobile insurer is
required to pay under subsection (1), the Minister of Finance shall notify the
automobile insurer of the amount required to be paid and the basis for
determining the amount.
(3) An amount that an automobile insurer is
required to pay under this section is deemed to be an amount that is payable
under section 86.
RSA 2000 cH‑12
s90;2006 c23 s42
Review
91(1) An automobile insurer who receives a notice
from the Minister of Finance under section 90 may request a review of the
estimate of the premiums for third party liability insurance used to calculate
the amount payable specified in the notice.
(2) An
automobile insurer who wishes a review shall submit to the Minister of Finance,
within 30 days from the notice under section 90 being sent, a written statement
that sets out the reasons on which the request for a review is based.
(3) On
receiving a request for a review that meets the requirements of subsection (2),
the Minister of Finance shall select an employee of the Government who is under
the Minister of Finance’s administration to conduct the review.
(4) After
considering the representations of the automobile insurer, the person selected
to conduct the review shall
(a) confirm
or vary the amount that the automobile insurer is required to pay to the Crown,
and
(b) notify
the automobile insurer of the decision.
(5) Interest
accrues on an unpaid amount that a person conducting a review decides is
required to be paid from the time that the amount should have been paid under
section 86.
(6) If
the person conducting a review reduces the amount that an automobile insurer is
required to pay to the Crown and the automobile insurer has paid the full
amount under review, the Minister of Finance shall
(a) refund
the difference with interest at the rate charged on amounts owing by automobile
insurers under the regulations, or
(b) if the automobile insurer is required to pay
other amounts to the Crown under this Division, apply the difference and
interest referred to in clause (a) to offset payment of those other amounts.
RSA 2000 cH‑12 s91;2006
c23 s42
Examination of
automobile insurer’s books
92(1) In this section, “auditor” means a person
authorized by the Minister of Finance to be an auditor.
(2) An
auditor may at any reasonable time enter the offices of an automobile insurer
who was licensed to provide automobile insurance under the Insurance Act for all or a portion of a calendar year for which an
assessment factor was established and examine and make copies of the books and
records of the insurer for the purposes of determining the amount of premiums
written by the insurer for third party liability insurance in the calendar
year.
(3) The officers, employees and agents of the
automobile insurer shall assist an auditor in conducting an examination under
subsection (2) and shall provide the auditor with the books and records that
the auditor requires.
RSA 2000 cH‑12
s92;2006 c23 s42
Civil action
93(1) An amount that is payable by an automobile
insurer to the Crown under this Division may be collected by the Crown by civil
action for debt in a court of competent jurisdiction.
(2) A
person designated by the Minister of Finance may issue a certificate that sets
out the amount that an automobile insurer is required to pay under this
Division and, for the purposes of a civil action for debt, the certificate is
conclusive proof of the amount that the automobile insurer is required to pay.
(3) A certificate is admissible in evidence without
proof of the signature, authority or office of the person purporting to have
signed the certificate.
RSA 2000 cH‑12
s93;2006 c23 s42
Division 3
General
Appointment of Director
94 The Minister may appoint a Director of
Third Party Liability.
1994 c37 s4
Certain powers of the
Director
95(1) The Director may hire legal counsel for the
purpose of recovering the Crown’s cost of health services under the Crown’s
right of recovery.
(2) The
Director may establish forms for use under this Part.
(3) The Director may authorize a person to exercise
any power or to perform any duty of the Director under this Part or the
regulations made under this Part, including any power or duty that requires the
Director to form a belief.
1994 c37 s4;1996 c24 s1
Regulations
96(1) The Lieutenant Governor in Council may make
regulations
(a) providing
that the Crown’s right of recovery does not apply or arise in certain
circumstances;
(b) prescribing
a good or service to be a health service for the purposes of this Part;
(c) respecting
the calculation of interest for the purposes of section 66;
(d) for
the purposes of section 70,
(i) respecting the conditions and circumstances in which the priority
of payment to the beneficiary operates, including special provisions for
structured settlements, and
(ii) respecting the determination of amounts that have priority;
(e) respecting
the terms and conditions that may be imposed on structured settlements under
section 71;
(f) respecting
the payment of legal counsel, physicians and other persons for services
provided to the Crown for the purposes of the Crown’s right of recovery;
(g) generally
for giving effect to any of the purposes or provisions of this Part.
(2) The
Minister may make regulations
(a) for
the purpose of determining the Crown’s cost of health services,
(i) respecting what is a cost of the Crown, and
(ii) respecting whether something is a capital cost or an operating
cost and whether a health service has a capital cost;
(b) respecting
the calculation of the Crown’s cost of health services under the Crown’s right
of recovery, including
(i) the establishment of a capital cost factor to be used to
determine capital costs, and
(ii) the establishment of discount rates to be used to determine
future costs;
(c) prescribing
the information to be provided to the Director under sections 72, 75 and 84;
(d) respecting
the calculation and establishment of an aggregate assessment for a calendar
year payable by automobile insurers, including provisions respecting the
aggregate assessment for the portion of 1996 that Division 2 is in force.
(3) The
Minister of Finance may make regulations
(a) respecting
the establishment of an assessment factor for a calendar year;
(b) respecting
the manner in which and time at which automobile insurers are required to make
payments under Division 2;
(c) respecting
the penalty referred to in section 87, the manner in which the penalty is
calculated and the manner in which and time at which automobile insurers are
required to pay the penalty;
(d) for the purposes of section 88, respecting
rates of interest, the manner in which interest is calculated and the manner in
which and time at which automobile insurers are required to pay interest.
RSA 2000 cH‑12
s96;2006 c23 s42
Extinguishment of
certain rights
97(1) A beneficiary’s right to recover the cost of
insured services as defined in section 36(h) in respect of a wrongful act or
omission that occurred before August 1, 1996 and the Minister’s right of
subrogation in respect of the beneficiary’s right are extinguished if
(a) the
beneficiary’s personal injuries were caused by a wrongful act or omission of a
wrongdoer in the use or operation of an automobile, and
(b) the
wrongdoer was, when the injuries were caused, insured under a motor vehicle
liability policy.
(2) Subsection (1) does not affect any judgment
obtained or settlement entered into before August 1, 1996.
RSA 2000 cH‑12
s97;2002 c30 s14
Transitional
98(1) An action based on the Crown’s right of
recovery may be commenced only if the wrongful act or omission of the wrongdoer
occurs on or after August 1, 1996.
(2) Subject to section 97, a beneficiary’s rights
and the Minister’s right of subrogation in respect of a wrongful act or
omission that occurred before August 1, 1996 are governed by the provisions of
this Act in force when the wrongful act or omission occurred.
RSA 2000 cH‑12 s98;2002
c30 s14
