Licensing of Operators
13 Prohibition
14 Registrar
15 Licence
application
16 Issuing
a licence
17 Authority
under licence
18 Suspension
in the public interest
19 Revocation,
amendment, suspension
20 Appeal
21 Notice
of appeal
22 Hearing
an appeal
23 Witnesses
24 Civil
contempt proceedings
25 Decision
on appeal
General
26 Definitions
27 Inspection
of place
28 Removal
of records
29 Application
to Court
30 Information
31 Vicarious
liability
32 Ministerial
powers
33 Ambulance
attendants
34 Liability
for payment
35 Crown’s right of recovery
36 Offences
37 Regulations
38 Transitional
39 City
of Edmonton
Consequential
Amendments and Coming into Force
40 Consequential
amendment
41 Coming
into force
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “ambulance”
means a motor vehicle that is intended to be used for the transportation of
patients, but does not include an aircraft or a motor vehicle exempted under
the regulations or used in an inter‑hospital transfer service;
(b) “ambulance
attendant” means a person who is engaged or employed to attend to or transport
patients in an ambulance;
(c) “ambulance
service” means a service associated directly or indirectly with the
transportation of patients using an ambulance;
(d) “Appeal
Board” means the Ambulance Advisory and Appeal Board established under section
11;
(e) “applicant”
means an applicant for a licence under section 15;
(f) “basic
life support” has the meaning prescribed in the regulations;
(g) “board” means an ambulance
district board established under section 3;
(h) “council” means
(i) in the case of a city, town, village, summer
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 Metis settlement, the
council of the Metis settlement;
(i) “district” means an ambulance district
established under section 2;
(j) “included municipality” means a municipality
or Metis settlement, all or part of which is included in a district;
(k) “Minister”
means the Minister
determined under section 16 of the Government Organization Act as the
Minister responsible for this Act;
(l) “operator” means a person licensed under
this Act to provide ambulance services;
(m) “patient” means a person who is or appears
to be in need of medical attention;
(n) “Registrar” means the Registrar appointed
under section 14.
1990 cA‑40.5
s1;1994 cM‑26.1 s642(6);1995 c24 s99(38)
Organization of Ambulance
Districts
Establishment
2(1) The Minister may by order establish any
area in Alberta as an ambulance district, and
(a) name it,
(b) describe its boundaries,
(c) prescribe the number of wards in the
district and allocate them, and
(d) prescribe any other matter the Minister
considers necessary.
(2) If an included
municipality other than a city, town or village contains more than one ward,
the council shall determine the boundaries of the wards.
(3) If
an order is made under any other Act that results in a change in the boundaries
of a municipality, the Minister may make an order under this section respecting
the inclusion in or exclusion from a district of all or part of the
municipality.
(4) An
order under subsection (3) may be made effective as of a date prior to the date
on which it is made.
(5) A
municipality, other than a city, that is wholly surrounded by another
municipality or other municipalities included or to be included in a district
must be included in that district, whether the surrounded municipality existed
before or after the establishment of the district.
(6) If
the Minister amends or rescinds an order made under this section, the Minister
may by order require that, in respect of the districts affected by the
amendment or rescission, liabilities be paid and debenture holders be protected
in accordance with the order.
(7) The Regulations
Act
does not apply to an order made under this section.
1990 cA‑40.5 s2
Ambulance district board
3(1) An
ambulance district board shall administer a district.
(2) The
Minister may establish a board and name it.
(3) A
board established under this section is a corporation consisting of the members
appointed to the board.
(4) The
Minister shall appoint the first members of a board from among persons
nominated by the included municipalities at the request of the Minister.
(5) After
the first members of a board are appointed all subsequent members shall be
appointed in accordance with the regulations.
(6) A
board shall consist of no fewer than 3 nor more than 11 members.
(7) Notwithstanding
subsections (4), (5) and (6), if a district consists of only one municipality,
the Minister may designate the council of the municipality as the board for the
purposes of this Act.
(8) Notwithstanding
subsections (4), (5), (6) and (7), if the boundaries of an ambulance district
are coterminous with the boundaries of a hospital district under the Hospitals
Act
and the majority of councils of the included municipalities agree in writing,
the Minister may designate the hospital district board as the ambulance
district board for the purposes of this Act.
1990 cA‑40.5 s3
Agreements to provide
services
4(1) Subject
to the approval of the Minister, a board may enter into an agreement with the
Government of Canada respecting the provision by the board of ambulance
services within or outside its district.
(2) Subject
to the approval of the Minister, a board may enter into an agreement with any
person respecting the provision by the board of ambulance services outside its
district.
(3) An
agreement under subsection (1) or (2) may provide that this Act, any provision
of this Act, the regulations or any provision of the regulations does not apply
and that a provision of the agreement applies instead.
1990 cA‑40.5 s4
Powers and duties of a
board
5(1) A board
shall ensure that
(a) ambulance services are provided in the
district for which the board was established, and
(b) the level of ambulance services provided in
that district is not less than basic life support unless the Minister
authorizes another level.
(2) Subject to the
regulations, a board may
(a) make bylaws respecting the administration
and provision of ambulance services in the district;
(b) borrow money;
(c) make requisitions on the councils of
included municipalities for the required portion of the board’s operating or
capital costs;
(d) invest funds not required for immediate use;
(e) enter into agreements with operators;
(f) act as an operator in respect of its
district;
(g) enter into an agreement with any person for
the purpose of providing mutual support and co‑ordinated service
delivery;
(h) employ the persons the board considers
necessary to carry out its duties and exercise its powers under this Act;
(i) accept gifts, grants, donations and bequests
and conduct fund‑raising events to support the provision of ambulance
services in the district.
(3) The board
shall send to the Minister a copy of its bylaws including all amendments and
repeals.
1990 cA‑40.5 s5
Requisition of funds
6 A board may
requisition the payment of its capital and operating costs from included
municipalities in the manner prescribed in the regulations.
1990 cA‑40.5 s6
Powers of municipalities
7(1) Subject
to the Municipal Government Act, the council of an included
municipality may pay money to the board to assist in the provision of ambulance
services in the district and may do all things necessary to carry out the
intent of this Act, including, without restricting the generality of the
foregoing,
(a) paying grants to the board for the provision
of ambulance services in the municipality;
(b) borrowing money by temporary loans for the
purpose of meeting the municipality’s share of the costs of providing ambulance
services;
(c) accepting requisitions from the board of
money required by the board and assessing and levying taxes within the
municipality for the purpose of meeting those requisitions.
(2) Subject to the Municipal
Government Act, the council of an included municipality may authorize the issue of
debentures for the purpose of financing capital costs associated with the
provision of ambulance services, including, without restricting the generality
of the foregoing,
(a) the acquisition, extension or renovation of
a site,
(b) the acquisition, construction, extension or
renovation of a building,
(c) the provision or construction of utility
services to a site or building, or
(d) the acquisition of vehicles or equipment.
1990 cA‑40.5
s7;1994 cM‑26.1 s642(6)
Requisition in national
parks
8 Notwithstanding
the School Act but subject to the regulations and any
agreement under section 4, the board of trustees of a school district all or
part of which is included in a national park
(a) may accept requisitions on it under this Act
from the ambulance district board of an ambulance district that is adjacent to
the school district or that includes all or part of the school district as if
the board of trustees were the council of an included municipality, and
(b) for the purpose of meeting requisitions on
it under this Act, has and may exercise all the powers and duties of the
council of a municipality or a municipality under this Act and the Municipal
Government Act, but only to the extent that the power is not being exercised in the
school district by any other public authority.
1990 cA‑40.5
s8;1994 cM‑26.1 s642(6)
Disestablishment
9(1) If the
assets of the board of a disestablished district are insufficient to meet its
liabilities, the deficiency shall be paid by the council of each included
municipality in the same proportion as the council of that municipality was
liable in the year prior to the disestablishment of the district in respect of
requisitions by the board.
(2) If the assets
of the board of a disestablished district exceed the amount required to meet
its liabilities, the surplus shall be distributed to the councils of the
included municipalities in the same proportion as the councils of those
municipalities were liable in the year prior to the disestablishment of the
district in respect of requisitions by the board.
1990 cA‑40.5 s9
Dismissal of board
members
10(1) The
Minister may by order dismiss all the members of a board and appoint an
official administrator in the board’s place.
(2) An
official administrator appointed under this section
(a) has the power and authority of the board,
(b) shall perform all the duties of the board,
and
(c) shall be paid the salary the Minister
determines, together with proper expenses, as an operating expense of the
board.
(3) If in the
opinion of the Minister an official administrator is no longer required, the
Minister may restore the affairs of the district to a board whose members are
appointed in accordance with the regulations.
1990 cA‑40.5 s10
Ambulance Advisory and
Appeal Board
Establishment
11(1) There is hereby established the Ambulance
Advisory and Appeal Board.
(2) The
Minister may
(a) appoint
no fewer than 7 nor more than 11 members to the Appeal Board;
(b) designate
a chair and a vice‑chair to act as chair in the absence or inability to
act of the chair.
(3) The
Appeal Board may make rules governing the calling of meetings, the procedure to
be used at meetings or hearings and the conduct of a meeting, investigation or
hearing, including meeting in panels for the purpose of hearing an appeal under
this Act.
(4) The Appeal Board shall give the Minister a copy
of the rules made under subsection (3) including all amendments and repeals.
1990 cA‑40.5 s11
Duties of Appeal Board
12 The Appeal Board shall
(a) investigate
and hear appeals under this Act;
(b) advise
the Minister on matters pertaining to the provision of ambulance services;
(c) on
being requested to do so by the Minister,
(i) investigate or inquire into, collect information relating to or
conduct research into any matter relating to the delivery of ambulance
services, and make its report in the manner and at the time specified by the
Minister,
(ii) conduct an investigation into or inspection of the ambulance
services provided by an operator, and make its report in the manner and at the
time specified by the Minister, or
(iii) hold public hearings for the purpose of receiving submissions on
matters pertaining to ambulance services specified in the request, and make its
report in the manner and at the time specified by the Minister;
(d) perform any task or function that the
Minister may request from time to time.
1990 cA‑40.5 s12
Licensing of Operators
Prohibition
13(1) No person shall provide ambulance services
unless the person is licensed as an operator under this Act and the licence is
valid and not under suspension.
(2) The Court of Queen’s Bench, on application by
the Minister by way of originating notice, may grant an injunction enjoining
any person from contravening subsection (1) notwithstanding any penalty that
may be provided by this Act.
1990 cA‑40.5 s13
Registrar
14(1) The Minister may appoint a Registrar for the
purposes of this Act.
(2) The
Registrar shall
(a) issue
a licence to an applicant in accordance with this Act and the regulations,
(b) maintain
a register of all operators, and
(c) perform any other duties imposed on the
Registrar under this Act or the regulations.
1990 cA‑40.5 s14
Licence application
15(1) A person proposing to provide ambulance
services as an operator must send the Registrar an application in accordance
with, and including the information required by, the regulations.
(2) The
Registrar shall advise the applicant of the Registrar’s decision in writing not
more than 60 days after the Registrar receives the application.
(3) If the Registrar refuses to issue a licence,
the Registrar shall advise the applicant in writing of the Registrar’s reasons
for refusing.
1990 cA‑40.5 s15
Issuing a licence
16 The Registrar may issue to an applicant a
licence subject to any conditions the Registrar considers appropriate if
(a) the
applicant meets the requirements for a licence as prescribed by the
regulations, and
(b) the proposed ambulance services meet the
requirements of the regulations.
1990 cA‑40.5 s16
Authority under licence
17(1) If the Registrar issues a licence to a person,
that person is authorized to provide ambulance services as an operator in
accordance with the conditions of the licence, this Act and the regulations.
(2) A licence issued under this Act is not
transferable.
1990 cA‑40.5 s17
Suspension in the public
interest
18(1) If the Registrar is of the opinion that there
is an immediate threat to public safety and that it is in the public interest
to do so, the Registrar may suspend a licence issued under this Act.
(2) If
the Registrar suspends a licence under subsection (1), the Registrar shall
forthwith notify the operator and any board with which the operator has an
agreement of the suspension.
(3) A
suspension under subsection (1) takes effect on the date specified by the
Registrar.
(4) An
operator who receives notice that the operator’s licence is suspended under
subsection (1) may make an application, on 2 days’ notice to the Registrar, to
the Court of Queen’s Bench for an order staying the suspension for a period set
by the Court.
(5) The operator may appeal a suspension under
subsection (1) to the Appeal Board by serving a notice of appeal on the
Registrar not more than 20 days after the operator receives notice of the
suspension.
1990 cA‑40.5 s18
Revocation, amendment,
suspension
19(1) The Registrar may amend, suspend or revoke a
licence in accordance with the regulations.
(2) If
the Registrar proposes to amend, suspend or revoke a licence under subsection
(1), the Registrar shall serve notice on the operator in writing that the
Registrar is amending, suspending or revoking the licence, giving reasons for
the Registrar’s action.
(3) A
notice under subsection (2) shall include a statement of the appeal processes
under this Act.
(4) An
amendment, suspension or revocation under subsection (1) takes effect 60 days
after the date on which notice is served on the operator under subsection (2).
(5) The Registrar shall provide any board with
which the operator has an agreement with a copy of the notice under subsection
(2).
1990 cA‑40.5 s19
Appeal
20 If the Registrar
(a) advises
an applicant that the Registrar refuses to issue a licence, or
(b) serves
notice on an operator of an amendment to or the suspension or revocation of a
licence under section 19,
the applicant or the operator, as the case may be, may
appeal the Registrar’s decision to the Appeal Board by serving a notice of
appeal on the Registrar not more than 20 days after the appellant is advised of
or is served with notice of the Registrar’s decision.
1990 cA‑40.5 s20
Notice of appeal
21 The Registrar shall send a
copy of a notice of appeal served on the Registrar under this Act to the chair
of the Appeal Board forthwith.
1990 cA‑40.5 s21
Hearing an appeal
22(1) The Appeal Board shall investigate and hear an
appeal under section 18 or 20 within 30 days after the date on which the Appeal
Board receives a copy of the notice of appeal from the Registrar.
(2) The
Registrar and the appellant may appear and be represented by counsel at a
hearing before the Appeal Board.
(3) The
chair of the Appeal Board may order that the proceedings be held in private if
in the chair’s opinion it is necessary to do so to protect a person who is not
a party to the proceedings.
(4) At
least 10 days before the date set for a hearing, the Registrar shall serve on
the appellant a notice of the hearing stating the date, time and place at which
the Appeal Board will hold the hearing.
(5) Evidence
may be given before the Appeal Board in any manner that the Appeal Board
considers appropriate, and the Appeal Board is not bound by the rules of law
respecting evidence applicable to judicial proceedings.
(6) The
Appeal Board on application by the appellant may extend the period in
subsection (1) or section 19(4).
(7) Whether
the application is made within or after the period specified, the Appeal Board
may extend the period in section 18(5) or 20.
(8) The Appeal Board shall give its decision on the
appeal in writing not more than 10 days after the conclusion of the hearing.
1990 cA‑40.5 s22
Witnesses
23(1) Any person who, in the opinion of the Appeal
Board, has knowledge of the matter being heard is a compellable witness in any
proceeding before the Board.
(2) A
witness may be examined under oath on anything relevant to the investigation or
hearing and shall not be excused from answering any question on the ground that
the answer might tend to
(a) incriminate
the witness, or
(b) establish
the witness’s liability
(i) to a civil proceeding at the instance of the Crown or of any
other person, or
(ii) to prosecution under any Act,
but if the answer so
given tends to incriminate the witness or establish the witness’s liability, it
shall not be used or received against the witness in any civil proceedings or
in any proceedings under any other Act.
(3) For
the purpose of obtaining the testimony of a witness who is out of Alberta, a
judge of the Court of Queen’s Bench, on an ex parte application, may direct the
issuing of a commission for obtaining the evidence of the witness, and the
commission shall be issued and the evidence taken pursuant to the Alberta Rules
of Court.
(4) The
attendance of witnesses before the Appeal Board and the production of records
may be enforced by a notice issued by the Appeal Board requiring the witness to
attend and stating the date, time and place at which the witness is to attend
and the records, if any, that the witness is required to produce.
(5) On
the written request of the appellant or of the appellant’s counsel or agent,
the Appeal Board shall, without charge, issue and deliver to the appellant or
the appellant’s counsel or agent any notices that the appellant requires for
the attendance of witnesses or the production of any record.
(6) A witness who has been served with a notice to
attend or a notice for the production of any record under this section is
entitled to be paid the same fees as are payable to a witness in an action in
the Court of Queen’s Bench.
1990 cA‑40.5 s23
Civil contempt
proceedings
24 Proceedings for civil contempt of court
may be brought against a witness
(a) who
fails
(i) to attend before the Appeal Board in compliance with a notice to
attend, or
(ii) to produce records in compliance with a notice to produce them,
or
(b) who refuses to be sworn or to answer any
question that the witness is directed to answer by the Appeal Board.
1990 cA‑40.5 s24
Decision on appeal
25(1) On hearing the appeal, the Appeal Board, by
order, may
(a) confirm,
quash or vary the decision of the Registrar,
(b) make
any finding, order or decision that in its opinion should have been made, or
(c) refer
the matter back to the Registrar for further consideration in accordance with
any direction of the Appeal Board.
(2) Forthwith on the making of the order by the
Appeal Board, the Registrar shall notify, in writing, the appellant and any
other person to whom, in the opinion of the Appeal Board, notice should be
given.
1990 cA‑40.5 s25
General
Definitions
26 In this section and sections 27 to 29,
(a) “authorized
person” means a person authorized in writing by the Minister to carry out
inspections under this Act;
(b) “inspection” means an inspection referred to
in section 27.
1990 cA‑40.5 s26
Inspection of place
27(1) Subject to subsection (2), an authorized person
may inspect any place for the purpose of determining whether a person is
complying with this Act and the regulations.
(2) If
an authorized person believes on reasonable and probable grounds that an
operator is not complying with this Act or the regulations and the owner of the
dwelling consents, the authorized person may inspect a dwelling for the purpose
of determining whether the operator is complying with this Act or the
regulations.
(3) For
the purposes of an inspection, an authorized person may
(a) enter
in or on the place that is the subject of the inspection at a reasonable hour;
(b) require
the production of any books, records or other documents that are relevant to
the purposes of the inspection and examine them, make copies of them or remove
them temporarily for the purpose of making copies;
(c) inspect
any ambulance or equipment and take samples of any medication intended for use
in providing ambulance services found in or on the place;
(d) perform tests, take photographs or make
recordings in respect of the place.
1990 cA‑40.5 s27
Removal of records
28(1) Where an authorized person removes any books,
records or other documents during an inspection, the authorized person shall
(a) give
a receipt for the items to the person from whom the items were taken, and
(b) forthwith
return the items to the person from whom they were taken when they have served
the purposes for which they were taken.
(2) On request, the authorized person shall provide
a copy of an item removed during an inspection to the person from whom it was
taken or to a person who is entitled to custody of the items.
1990 cA‑40.5 s28
Application to Court
29(1) If a person
(a) refuses
to allow an authorized person to conduct an inspection,
(b) hinders
or interferes with an authorized person who is carrying out an inspection, or
(c) as
owner of a dwelling refuses to consent to an inspection,
the authorized person
may apply by originating notice to a judge of the Court of Queen’s Bench for an
order directing the owner or occupier of the place or dwelling to do or refrain
from doing anything the judge considers necessary in order to enable the
authorized person to carry out the inspection, and the judge may make the order
accordingly.
(2) An application under subsection (1) may be made
ex parte if the judge considers it proper in the circumstances.
1990 cA‑40.5 s29
Information
30 An operator or a board shall provide the
Minister, on the request in writing by the Minister, with any information
required by the Minister in accordance with the request.
1990 cA‑40.5 s20
Vicarious liability
31 The Crown in right of Alberta
and the Crown’s agents and employees and
a board, the members of a board and the board’s agents and employees are
not liable for the acts or omissions of an operator or of the operator’s agents
or employees.
1990 cA‑40.5 s31
Ministerial powers
32(1) The Minister may do anything the Minister
considers necessary
(a) to
promote, facilitate and ensure the provision of appropriate patient
transportation services, including causing ambulance services to be provided by
any person and in any manner the Minister considers appropriate;
(b) with
respect to air ambulance services;
(c) with
respect to inter‑hospital transfer services.
(2) Notwithstanding
this Act or the regulations, the Minister may enter into agreements for the
purposes of this Act with the Government of Canada, the government of a
province or territory, the government of a country other than Canada or of a state
in another country or any person.
(3) An agreement under subsection (2) may provide
that this Act, any provision of this Act, the regulations or any provision of
the regulations does not apply to the extent that the agreement applies.
1990 cA‑40.5 s32
Ambulance attendants
33(1) A person who does not meet the requirements of
the regulations respecting ambulance attendants shall not act as an ambulance
attendant.
(2) No person shall employ or engage as an
ambulance attendant a person who does not meet the requirements of the
regulations respecting ambulance attendants.
1990 cA‑40.5 s33
Liability for payment
34(1) The Minister or a person who provides ambulance
services, air ambulance services or inter‑hospital transfer services to a
patient may recover the amount that may be charged for that service under this
Act from the patient or a person prescribed in the regulations.
(2) An amount referred to in subsection (1) may be
recovered in a civil action for debt.
1990 cA‑40.5 s34
Crown’s right of recovery
35 The Crown in right of Alberta is entitled to
recover the Crown’s cost of ambulance services, air ambulance services and
inter‑hospital transfer services under Part 5 of the Hospitals Act.
1994 c37 s5
Offences
36 A person who contravenes this Act or the
regulations is guilty of an offence and liable,
(a) in
the case of an individual, to a fine of not more than $5000, and
(b) in the case of a corporation, to a fine of
not more than $10 000.
1990 cA‑40.5 s35
Regulations
37(1) The Lieutenant Governor in Council may make
regulations
(a) respecting the requisitioning of capital and
operating costs by a board from an included municipality;
(b) conferring any powers and imposing any
duties on a school board or an ambulance district board for purposes pertaining
to requisitions by an ambulance district board on a school board, the payment
of requisitions and the levying and collecting of taxes by a school board for
the purpose of meeting requisitions;
(c) respecting the qualifications for
membership, grounds for disqualification from membership, terms of office,
procedure for filling vacancies and other matters pertaining to members of
boards;
(d) respecting the management, functions, duties
and jurisdictions of boards;
(e) respecting the records to be kept by boards
and the manner in which they are to be kept and the reports and returns to be
submitted to the Minister by boards;
(f) respecting the manner in which boards may
borrow money, fixing the maximum rate of interest on any borrowing and fixing the
terms of any borrowing and the periods of borrowing;
(g) respecting
the obligation of any person to provide an operator or the operator’s employee
with information about a patient;
(h) respecting
liability for payment of the amount that may be charged in respect of a service
provided under this Act and the person required to make the payment;
(i) respecting
the confidentiality requirements to be observed by a person with respect to
information obtained in the administration of this Act or in providing patient
transportation under this Act;
(j) prescribing the conditions that must be
contained in an agreement between a board and the Government of Canada;
(k) providing
for any other matter necessary for or incidental to the carrying out of the
intent of this Act or for circumstances that arise for which no provision is
made in this Act.
(2) The
Minister may make regulations
(a) respecting
the remuneration and the travelling and expense allowances to be paid to
members of the Appeal Board;
(b) prescribing the rate of interest that the
council of an included municipality shall pay a board on requisitioned amounts
paid after the date on which they are due;
(c) respecting the manner in which and the terms
and conditions subject to which a board may acquire, hold and dispose of real
and personal property;
(d) prohibiting the acquisition, holding or
disposition of any real or personal property by a board;
(e) respecting the investment of funds by a
board;
(f) respecting the information a board shall
give to a council on request;
(g) respecting the conditions that must be
included in an agreement for the provision of ambulance services between a
board and an operator;
(h) respecting agreements entered into by a
board for the purpose of providing mutual support and co‑ordinated
service delivery;
(i) respecting the notification of the Registrar
by a board of an agreement for the provision of ambulance services between the
board and an operator;
(j) respecting
compulsory liability insurance;
(k) respecting
the records to be kept by an operator and the manner in which they are to be
kept and the reports, returns and information to be submitted to a board or the Minister by an
operator;
(l) respecting
licences;
(m) respecting
the qualifications, examination, training, registration and licensing of
ambulance attendants;
(n) exempting
a motor vehicle or class of motor vehicle from being included under section
1(a);
(o) prescribing
standards applicable to the structure and design of ambulances and equipment
used in ambulances;
(p) respecting
the equipment, medication and supplies that must be carried in an ambulance;
(q) respecting
the maintenance, repair and operation of ambulances and equipment used in
ambulances;
(r) respecting
the equipping, maintaining, operating and repairing of ambulance garages and
stations;
(s) respecting
ambulance communications systems;
(t) respecting
standards for ambulance services;
(u) respecting
levels of ambulance services;
(v) defining
“air ambulance services”, “basic life support” or “inter‑hospital
transfer services” for the purposes of this Act;
(w) respecting
fees to be charged under this Act;
(x) respecting
the amounts that may be charged for ambulance services;
(y) respecting
the disposal of medical waste produced as a result of the provision of
ambulance services;
(z) respecting
the duties of the Registrar;
(aa) respecting patient transportation.
1990 cA‑40.5 s36
Transitional
38(1) Notwithstanding section
3(4), if before this Act comes into force an ambulance authority has been
established to provide ambulance services in respect of all or part of an area
to be included in a district proposed to be established under section 2, the
Minister may appoint some or all of the first members of the board from among
the members of the governing body of the ambulance authority, each to hold
office as a member of the board until a successor is appointed in accordance
with the regulations.
(2) Within
180 days after the establishment of an ambulance district board, the board
shall notify in writing the council of each included municipality and each
person who provides ambulance services in the district under a contract or
licence at or after the time the board is established of the board’s intentions
with respect to the provision of ambulance services in the district.
(3) Notwithstanding
section 13, if a person provides ambulance services in a municipality
immediately before this Act comes into force, that person may continue to
provide ambulance services in that municipality in accordance with the
applicable contract or licence under which the person provides the ambulance
services until
(a) the person has entered into an agreement as
an operator in accordance with this Act with the board of a district that
includes the municipality, or
(b) 3 years after this Act comes into force,
whichever occurs first.
(4) Notwithstanding
subsection (3), if a board notifies a person referred to in subsection (2)
other than a municipality that the board
(a) intends to enter into an agreement for the
provision of ambulance services with that person as an operator in accordance
with this Act, the notice shall also advise the person that the person may
continue to provide ambulance services in accordance with the contract or
licence referred to in subsection (2) until
(i) the date on which the person and the board
enter into an agreement under this Act, or
(ii) 180 days from the date notice is received
from the board,
whichever
occurs first, or
(b) does not intend to enter into an agreement
for the provision of ambulance services with that person, the notice shall also
advise the person that the person shall cease to provide ambulance services in
the district on the date specified in the notice.
(5) A person who
receives notice from a board under subsection (4)(a) may continue to provide
ambulance services in the district until the date determined in accordance with
subsection (4)(a).
(6) A
person who receives notice from a board under subsection (4)(b) shall stop
providing ambulance services in the district on the date determined in
accordance with subsection (4)(b).
(7) If
the board and a person referred to in subsection (4)(a) do not enter into an
agreement within 180 days, that person is deemed to be a person who has
received notice under subsection (4)(b) and shall cease to provide ambulance
services on the expiration of the 180‑day period referred to in
subsection (4)(a).
(8) A
person who enters into an agreement with a board under subsection (4)(a) shall
not be compensated by any person for any direct loss, damages or any other loss
resulting from the breach or termination of the contract or licence referred to
in subsection (2) under which the person was providing the ambulance services.
(9) A
person who receives notice from a board under subsection (4)(b) or who is
required to cease to provide ambulance services under subsection (7) shall be
compensated by the board for the value of any direct loss suffered by that
person as a result of the board’s action but shall not be compensated by any
person for damages or any other loss resulting from the breach or termination
of the previous contract or licence under which the person was providing the
ambulance services.
(10) If
the amount or the terms of the compensation under subsection (9) cannot be
agreed on by the board and the person who was providing ambulance services, the
board or the person may refer the matter to the Public Utilities Board, which
shall determine the compensation by order.
(11) An
order of the Public Utilities Board under subsection (10) is final and binding
on all parties.
(12) The
Lieutenant Governor in Council may make regulations respecting matters
referable to the Public Utilities Board under subsection (10) and the manner in
which they may be referred.
1990 cA‑40.5 s37
City of Edmonton
39(1) The
Edmonton Ambulance Authority is continued and deemed to be a board under this
Act of a district that consists of the City of Edmonton.
(2) A
member of the Authority pursuant to the Edmonton Ambulance Authority Act is
deemed to be a member of the board until
(a) the member’s term as a member of the
Authority expires,
(b) the member is reappointed or the member’s
appointment is rescinded in accordance with the regulations, or
(c) 3 years after the coming into force of this
Act,
whichever occurs first.
(3) The
Edmonton Ambulance Authority Act is repealed.
1990 cA‑40.5 s38
Consequential Amendments
and
Coming into Force
40 The Financial
Administration Act is amended in section 1(1)(r) by adding “an ambulance district board under the Ambulance Services Act,” after “Alberta Housing Act,”.
1990 cA‑40.5 s39
Coming into force
41 Sections 1(g) to (j) and 2 to 10, the words “or a board” in section 30,
the words “and a board, the members of a board and the board’s agents and
employees” in section 31, section 37(1)(a) to (f) and (j) and (2)(b) to (i),
the words “a board or” in section 37(2)(k) and sections 38(1) to (12), 39 and
40 come into force on Proclamation.
1990 cA‑40.5 s40
