Bill 34 - An Act to Amend the Regional Health Authorities Act

BILL 34

An Act to Amend the Regional Health Authorities Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The heading “Accountability framework” preceding section 7 of the Regional Health Authorities Act, chapter R-5.05 of the Acts of New Brunswick, 2002, is repealed.

2 Section 7 of the Act is repealed.

3 The heading “Review by Minister” preceding section 14 of the Act is repealed.

4 Section 14 of the Act is repealed.

5 Section 16 of the Act is repealed and the following is substituted:

16 There are established the following regional health authorities for the health regions listed below:

(a) a regional health authority for Health Region A to be known as Regional Health Authority A/Régie régionale de la santé A;

(b) a regional health authority for Health Region B to be known as Regional Health Authority B/Régie régionale de la santé B.

6 Section 19 of the Act is repealed and the following is substituted:

Board of regional health authority

19(1) The business and affairs of a regional health authority shall be controlled and managed by a board of directors as follows:

(a) seventeen voting members appointed by the Lieutenant-Governor in Council, having regard to appropriate representation of both official languages, gender, appropriate representation from urban and rural areas and predetermined competencies determined by the Minister as being necessary to ensure the appropriate skills for the positions; and

(b) three non-voting members as follows:

(i) the chief executive officer;

(ii) the chairperson of the professional advisory committee; and

(iii) the chairperson of the medical advisory committee.

19(2) The term of office of a member appointed under paragraph (1)(a) shall not exceed five years.

19(3) A majority of the voting members of the board constitutes a quorum.

19(4) A vacancy on the board does not impair the capacity of the board to act.

19(5) Where a vacancy occurs during the term of office of a member appointed under paragraph (1)(a), the person appointed to fill the vacancy shall be appointed to serve the remainder of the term of office of that member.

19(6) The chairperson of the board shall be appointed from among the voting members of the board by the Lieutenant-Governor in Council.

19(7) A regional health authority shall pay its directors such remuneration and expenses as the Lieutenant-Governor in Council determines.

7 The heading “First directors” preceding section 20 of the Act is repealed.

8 Section 20 of the Act is repealed.

9 Section 26 of the Act is repealed and the following is substituted:

26 The board of directors shall appoint a chief executive officer who shall be responsible to the board for the general management and conduct of the affairs of the regional health authority within the policies and directions of the board.

10 The heading “Operation within the accountability framework” preceding section 36 of the Act is repealed.

11 Section 36 of the Act is repealed.

12 Section 58 of the Act is amended

(a) by repealing subsection (5) and substituting the following:

58(5) If, in the opinion of the Minister, a trustee is no longer required, the Minister may terminate the appointment of the trustee on such terms and conditions as the Minister considers advisable.

(b) by repealing subsection (6);

13 Section 72 of the Act is amended

(a) by repealing paragraph (d);

(b) by repealing paragraph (e);

(d) by repealing paragraph (g);

(e) by repealing paragraph (h);

(f) by repealing paragraph (i);

(g) by repealing paragraph (j);

(h) by repealing paragraph (k);

(i) in paragraph (l) by striking out “an elected or appointed board member” and substituting “an appointed board member”.

14 Part VI of the Act is repealed.

15 Schedule A of the Act is repealed and the attached Schedule A is substituted.

16(1) On the date of the first reading of this Act as a bill in the Legislative Assembly of New Brunswick, the members of the board of directors of each of the regional health authorities listed in subsection (4) cease to hold office and shall not perform any duties or exercise any powers as directors under the Regional Health Authorities Act or the regulations under that Act and, notwithstanding any provision in the Regional Health Authorities Act to the contrary, the Minister of Health constitutes a one-person board of each of the bodies corporate listed in subsection (4) and may constitute a meeting of the board.

16(2) The Minister of Health constitutes the board of directors of each regional health authority listed in subsection (4) until September 1, 2008.

16(3) The Minister may appoint such officers and agents as he considers necessary to assist him in the performance of his duties and in the exercise of his powers as a board of directors of a regional health authority listed in subsection (4).

16(4) The regional health authorities referred to in subsection (1) are the following:

(a) Regional Health Authority 1(Beauséjour)/ Régie régionale de la santé 1 (Beauséjour);

(b) Regional Health Authority 1(South-East)/Régie régionale de la santé 1 (sud-est);

(d) Regional Health Authority 3/Régie régionale de la santé 3;

(e) Regional Health Authority 4/Régie régionale de la santé 4;

(f) Regional Health Authority 5/Régie régionale de la santé 5;

(g) Regional Health Authority 6/Régie régionale de la santé 6;

(h) Regional Health Authority 7/Régie régionale de la santé 7.

17 No action, application or other proceeding lies or shall be instituted against the Minister of Health or Her Majesty the Queen in right of the Province in respect of anything done or omitted to be done under section 16 of this Act.

18 Each regional health authority in existence immediately before the commencement of this section is dissolved and

(a) the assets, liabilities, rights, obligations, powers and responsibilities of Regional Health Authority 1(Beauséjour)/ Régie régionale de la santé 1 (Beauséjour), Regional Health Authority 4/Régie régionale de la santé 4, Regional Health Authority 5/Régie régionale de la santé 5 and Regional Health Authority 6/Régie régionale de la santé 6 are transferred to and become the assets, liabilities, rights, obligations, powers and responsibilities of Regional Health Authority A/ Régie régionale de la santé A, and

(b) the assets, liabilities, rights, obligations, powers and responsibilities of Regional Health Authority 1(South-East)/ Régie régionale de la santé 1 (sud-est), Regional Health Authority 2/Régie régionale de la santé 2, Regional Health Authority 3/Régie régionale de la santé 3 and Regional Health Authority 7/Régie régionale de la santé 7 are transferred to and become the assets, liabilities, rights, obligations, powers and responsibilities of Regional Health Authority B/ Régie régionale de la santé B.

19 The members of the medical staff of a regional health authority have the same privileges at hospital facilities that they had immediately before the commencement of this section, until those privileges expire or are altered or withdrawn by the board of directors of the regional health authority.

20 Notwithstanding section 26 of the Regional Health Authorities Act, the Minister of Health may appoint the first chief executive officer for Regional Health Authority A/ Régie régionale de la santé A and for Regional Health Authority B/ Régie régionale de la santé B, such appointments to commence September 1, 2008, and may fix the terms and conditions of employment.

21 Sections 23 and 39 of the Regional Health Authorities Act do not apply to meetings of the board from the time of commencement of this section to August 31, 2008, inclusive.

22 With respect to the annual report required of a regional health authority for the fiscal year 2008-2009, a regional health authority established on September 1, 2008, shall prepare an annual report as though it had been constituted as of April 1, 2008, and shall include in its annual report those matters that would have been dealt with by those regional health authorities whose assets, liabilities, rights, obligations, powers and responsibilities were transferred to it under section 18 of this Act.

23 Section 6.1 of the Financial Administration Act, chapter F-11 of the Revised Statues, 1973, is repealed.

24 Part III of the First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statues, 1973, is amended

(a) by deleting the following:

Regional Health Authority 1 (Beauséjour)/Régie régionale de la santé 1 (Beauséjour)

Regional Health Authority 1 (South-East)/Régie régionale de la santé 1 (sud-est)

Regional Health Authority 2/Régie régionale de la santé 2

Regional Health Authority 3/Régie régionale de la santé 3

Regional Health Authority 4/Régie régionale de la santé 4

Regional Health Authority 5/Régie régionale de la santé 5

Regional Health Authority 6/Régie régionale de la santé 6

Regional Health Authority 7/Régie régionale de la santé 7

(b) by adding the following:

Regional Health Authority A/Régie régionale de la santé A

Regional Health Authority B/Régie régionale de la santé B

25(1) Subject to subsection (2), this Act comes into force on September 1, 2008.

25(2) Sections 6, 7, 8, 13, 16, 17, 20 and 21 of this Act shall be deemed to have come into force on the date this Act received first reading as a bill in the Legislative Assembly of New Brunswick.

SCHEDULE A

The health regions established under section 15 are as follows:

a)Health Region A

(i)Kent County, excluding the portion of the village of Rogersville lying in Kent County; Albert County; Westmorland County; the community of Rogersville-est lying in Northumberland County;

(ii)Madawaska County; the parishes of Drummond and Grand Falls in Victoria County, but excluding the portion of the parish of Drummond lying south-east of Salmon River; the parishes of Grimmer and Saint-Quentin in Restigouche County;

(iii)Restigouche County, excluding the parishes of Grimmer and Saint-Quentin; the portion of the village of Belledune lying in Gloucester County;

(iv)Gloucester County, excluding the portion of the village of Belledune lying in Gloucester County;

b)Health Region B

(i)Kent County, excluding the portion of the village of Rogersville lying in Kent County; Albert County; Westmorland County; the community of Rogersville-est lying in Northumberland County;

(ii)Charlotte County; Saint John County; Kings County; the parishes of Petersville, Hampstead, Wickham, Brunswick and Johnston in Queens County, but excluding the portion of the Village of Cambridge Narrows lying in the parish of Johnston;

(iii)Queens County, excluding the parishes of Petersville, Hampstead, Wickham, Brunswick and Johnston, but including that portion of the Village of Cambridge Narrows lying in the parish of Johnston; Victoria County, excluding the parishes of Drummond and Grand Falls, but including the portion of the parish of Drummond lying south-east of Salmon River; Carleton County; York County; Sunbury County; the parishes of Ludlow and Blissfield in Northumberland County;

(iv)Northumberland County, excluding the parishes of Ludlow and Blissfield and the portion of the community of Rogersville-est lying in Northumberland County; the portion of the village of Rogersville lying in Kent County.

EXPLANATORY NOTES

Section 1

Heading repealed.

Section 2

The existing provision is as follows:

7(1) The Minister shall establish an accountability framework that describes the roles of the Minister and other government ministers and the regional health authorities and that specifies the responsibilities each has towards the other within the provincial health system.

7(2) The Minister shall consult with every regional health authority when establishing an accountability framework.

Section 3

Heading repealed.

Section 4

The existing provision is as follows:

14(1) The Minister shall ensure that a comprehensive review is commenced within five years after the commencement of this Act for the purpose of examining and reporting on the effectiveness of moving to a regional health authority system.

14(2) The Minister shall ensure that a review under subsection (1) is concluded no later than eighteen months after it commences.

14(3) The Minister shall lay the report prepared as a result of the review before the Legislative Assembly within thirty days after receiving the report, or if the Legislative Assembly is not sitting, when it next sits.

Section 5

The existing provision is as follows:

16 There are established the following regional health authorities for the health regions listed below:

(a) two regional health authorities for Health Region 1, one to be known as Regional Health Authority 1(Beauséjour)/ Régie régionale de la santé 1 (Beauséjour) and the other as Regional Health Authority 1(South-East)/Régie régionale de la santé 1 (sud-est);

(b) one regional health authority for Health Region 2, to be known as Regional Health Authority 2/Régie régionale de la santé 2;

(c) one regional health authority for Health Region 3, to be known as Regional Health Authority 3/Régie régionale de la santé 3;

(d) one regional health authority for Health Region 4, to be known as Regional Health Authority 4/Régie régionale de la santé 4;

(e) one regional health authority for Health Region 5, to be known as Regional Health Authority 5/Régie régionale de la santé 5;

(f) one regional health authority for Health Region 6, to be known as Regional Health Authority 6/Régie régionale de la santé 6;

(g) one regional health authority for Health Region 7, to be known as Regional Health Authority 7/Régie régionale de la santé 7.

Section 6

The existing provision is as follows:

Board of regional health authority

19(1) The business and affairs of a regional health authority shall be controlled and managed by a board of directors, appointed or elected in accordance with this Act and the regulations.

Directions of Minister to board

19(2) Notwithstanding subsection (1), where the Minister is of the opinion that a decision of a board is inconsistent with its regional health and business plan, the Minister may override the decision of the board and substitute his or her decision for that of the board to ensure compliance with the plan, and the decision of the Minister shall be deemed to be the decision of the board.

Directions of Minister to board

19(3) Notwithstanding subsection (1), where the Minister is of the opinion that a board of a regional health authority has failed or is failing to ensure compliance with the regional health and business plan for the regional health authority, the Minister may give directions in respect of the matter, and the directions of the Minister shall be deemed to be the directions of the board.

Directions of Minister to board

19(4) Where the Minister makes a decision under subsection (2) or gives a direction under subsection (3), the chief executive officer shall ensure that the decisions and directions of the Minister are carried out.

Composition of board

19(5) A board of a regional health authority shall consist of fifteen voting members and three non-voting members as follows:

(a) seven voting members who shall be appointed by the Minister;

(b) eight voting members who shall be elected;

(d) the chairperson of the professional advisory committee, who shall be a non-voting member; and

(e) the chairperson of the medical advisory committee, who shall be a non-voting member.

Quorum

19(6) A majority of the voting members of the board constitutes a quorum.

Vacancy

19(7) A vacancy on the board does not impair the capacity of the board to act.

19(8) Where a vacancy occurs on the board, the Minister may appoint a person to fill the vacancy for the balance of the term of the member replaced.

Disqualification of board member

19(9) Where a board member is disqualified from holding office as a member of the board, the remaining members of the board shall declare the office to be vacant and shall immediately notify the Minister of that fact.

Chairperson

19(11) The chairperson of the board shall be selected in accordance with the by-laws.

Remuneration and expenses of directors

19(12) A regional health authority shall pay its directors such remuneration and expenses as the Lieutenant-Governor in Council determines.

Section 7

Heading repealed.

Section 8

The existing provision is as follows:

20(1) Notwithstanding subsection 19(1), the first board of directors of a regional health authority shall consist of

(a) fifteen voting members appointed by the Minister, and

(b) the three non-voting members referred to in paragraphs 19(5)(c) to (e).

20(2) The Minister may

(a) notwithstanding subsection 19(11), appoint one of the first directors as the first chairperson of the board of the regional health authority, and

(b) make subsequent appointments to fill vacancies on the board until directors are appointed or elected under subsection 19(1), and a person appointed under this paragraph is deemed to be a first director.

20(3) The terms of office of a first director and first chairperson of a regional health authority continue until their successors are appointed or elected under subsection 19(1).

Section 9

The existing provision is as follows:

26(1) Notwithstanding subsection 6(2) of the Financial Administration Act, the Deputy Minister of the Department of Health shall, with respect to a chief executive officer of a regional health authority, be deemed to be the delegate of the Board of Management for the purpose of appointing and terminating the appointment of, and for setting the terms and conditions of employment a chief executive officer within the parameters set by the Board of Management.

26(2) The chief executive officer of a regional health authority shall report to the Deputy Minister of the Department of Health.

26(3) Notwithstanding that an appointment is made under subsection (1), and notwithstanding subsection (2), the position of chief executive officer of a regional health authority shall be deemed in Part III of the public service of the Province as specified in the First Schedule of the Public Service Labour Relations Act for the purpose of all other matters that relate to the employment relationship.

26(4) The chief executive officer is responsible for the general management and conduct of the affairs of the regional health authority within the by-laws, policies and directions of the board.

Section 10

Heading repealed.

Section 11

The existing provision is as follows:

36 Subject to this Act and the regulations, a regional health authority shall operate within the accountability framework established by the Minister under section 7.

Section 12

(a) The existing provision is as follows:

58(5) If, in the opinion of the Minister, a trustee is no longer required, the Minister may

(a) terminate the appointment of the trustee on such terms and conditions as the Minister considers advisable, and

(b) notwithstanding subsection 19(1), may appoint fifteen voting members as directors in accordance with the regulations.

(b) The existing provision is as follows:

58(6) Where the Minister acts under subsection (5), the Minister may appoint one of the members as the chairperson of the board of the regional health authority.

58(7) The terms of office of a director appointed under this section and the chairperson continue until their successors are appointed or elected under subsection 19(1).

Section 13

(a) Consequential amendment.

(b) Consequential amendment.

(d) Consequential amendment.

(e) Consequential amendment.

(f) Consequential amendment.

(g) Consequential amendment.

(h) Consequential amendment.

(i) Consequential amendment.

Section 14

Repeal of spent Part.

Section 15

Health regions are re-configured in Schedule A.

Section 16 to 22

Transitional provisions.

Section 23

Consequential amendment.

Section 24

Consequential amendments.

Section 25

Commencement provision.