8 Transitional ‑ contributions
9 Transitional ‑ membership
10 Consequential
11 Repeals
12 Expiry
Definitions
1 In this Regulation,
(a) “Act”
means the Regional Health Authorities Act;
(b) “member”
means a member of a regional health authority;
(c) “Minister”
means the member of the Executive Council designated under the Government
Organization Act as the Minister responsible for the Act.
Membership
2 Each regional health authority consists
of the number of members determined by the Minister by order.
Appointment of
members
3(1) The
Minister shall appoint all of the members of a regional health authority.
(2) The Minister shall, with respect to
each regional health authority, designate one of the members as chair.
(3) The members may designate the other
offices of the regional health authority and appoint from among themselves
persons to those offices and prescribe their duties.
Nomination process
4 The Minister may provide for a nomination
procedure or any other method for selecting persons from among whom
appointments may be made under section 3.
Eligibility for
nomination
5(1) In
this section, a reference to spouse or adult interdependent partner does not
include such a person who is living apart from the other party if the parties
have separated pursuant to a written separation agreement or if their support
obligations and family property have been dealt with by a court order.
(2) A person may be nominated as a
candidate for appointment under this Regulation if, at the time that person is
nominated, that person
(a) is
18 years of age or older,
(b) is
a Canadian citizen,
(c) has
been a resident of Alberta for the 6 consecutive immediately preceding months,
(d) is
a resident in the health region in which that person is being nominated, and
(e) is
not otherwise ineligible or disqualified.
(3) Subject to subsection (5), a person
is not eligible to be nominated as a candidate for appointment under this
Regulation if, at the time that person is nominated, that person
(a) is
an employee of the regional health authority for which the person is nominated;
(b) is
an employee of the Government who is under the administration of the Minister;
(c) is
an independent health service provider who, directly or indirectly through a
corporation, partnership or other association, receives from the Government of
Alberta or the regional health authority for which the person is nominated, or
both, income through the provision of health services, or is an employee of such
an independent health service provider;
(d) is
a director, officer or employee of a health service organization that receives
50% or more of its ongoing funding from either or both of the following:
(i) the Government of Alberta through the
Department of Health and Wellness;
(ii) the regional health authority for which the
person is nominated;
(e) is
a director, officer or employee of a corporation, partnership or other
association (other than a corporation, partnership or association referred to
in clause (d)) that receives 50% or more of its gross annual income from either
or both of the following:
(i) the Government of Alberta through the
Department of Health and Wellness;
(ii) the regional health authority for which the
person is nominated;
(f) alone
or with the person’s spouse or adult interdependent partner, beneficially owns
(i) 50% or more of the voting shares of a corporation referred to in
clause (e), or
(ii) at least a 50% interest in a partnership or other association
referred to in clause (e);
(g) receives
50% or more of his or her gross annual income through contracts with the
regional health authority for which he or she is nominated;
(h) is
a spouse or adult interdependent partner of a person referred to in any of
clauses (a) to (e) or (g);
(i) holds
office as or is nominated for office as a member of the Legislative Assembly of
Alberta, the House of Commons or the Senate of Canada;
(j) is
a judge of a court.
(4) A person is not eligible to be
nominated as a candidate for appointment under this Regulation if that person
has been convicted of
(a) an
offence under section 123, 124 or 125 of the Criminal Code (Canada), or
(b) an
offence that is punishable by imprisonment for 5 or more years,
and no absolute
discharge or pardon has been granted in respect of the offence.
(5) A person who is ineligible under
subsection (3) may nevertheless be nominated as a candidate for appointment
under this Regulation if, in the nomination application, the person undertakes
to eliminate the circumstances that constitute the ineligibility before being
appointed.
(6) The Minister may appoint as a member
a person who eliminates the circumstances constituting his or her ineligibility
in accordance with subsection (5).
Eligibility for
appointment
6 A person is not eligible to be appointed
as a member unless the person meets the eligibility requirements in section 5
on the date of the appointment.
Disqualification
7 A member is disqualified from being a
member if the member ceases to meet any of the eligibility requirements in
section 5.
Transitional ‑
contributions
8 A person who, on the coming into force of
this Regulation, holds a surplus of contributions over expenses under section
11.6(1) of the Election and Appointment
of Regional Health Authority Members Regulation (AR 57/2001) shall, within 90 days after the coming into force of
this Regulation, transfer that surplus to the regional health authority for
which the person was nominated, or its successor, as determined by the
Minister.
Transitional ‑
membership
9 A person who on the coming into force of
this Regulation has been appointed as a member of a regional health authority
and is still a member is deemed to have been appointed under this Regulation,
and that person continues as a member until his or her appointment is
terminated or expires, or he or she is reappointed, as the case may be.
Consequential
10 The Regional Health Authorities
Regulation (AR 15/95) is amended by repealing section 2.92 and
substituting the following:
Organizational meeting
2.92 Where
(a) the
members of the regional health authority of a newly established health region
are appointed, or
(b) more
than half of the members of a regional health authority are replaced at the
same time or substantially the same time,
the regional health authority shall hold an organizational
meeting not later than 15 days after the last of the new appointments or
replacement appointments is made.
Repeals
11 The following regulations are repealed:
(a) the
Election and Appointment of Regional Health Authority Members Regulation (AR 57/2001);
(b) the
Regional Health Authorities Election Forms Regulation (AR 60/2001).
Expiry
12 For the purpose of ensuring that this
Regulation is reviewed for ongoing relevancy and necessity, with the option
that it may be repassed in its present or an amended form following a review,
this Regulation expires on October 31, 2014.
