BILL 35

New Brunswick Health Council Act

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

Definitions

1 The following definitions apply in this Act.

“Council” means the New Brunswick Health Council established under section 2. (Conseil)

“health care system” includes all individuals, institutions and resources involved in the prevention, treatment and management of injury, illness and disability and the preservation of mental and physical well-being through the services offered in the Province by medical and allied health professions. (système de soins de santé)

“health service quality” means the general quality of services in the health care system as measured by accessibility, equity, appropriateness, safety, efficiency and effectiveness factors. (qualité des services de santé)

“Minister” means the Minister of Health. (ministre)

“non-identifying health information” means health information of an individual that has had removed from it any information that identifies the individual or any information for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify the individual. (renseignement non identificateur sur la santé)

“regional health authority” means a regional health authority established under the Regional Health Authorities Act. (régie régionale de la santé)

Establishment of Council

2 There is established a body corporate to be known as the New Brunswick Health Council consisting of those persons appointed by the Lieutenant-Governor in Council.

Objects and purposes of Council

3 The objects and purposes of the Council are as follows:

(a)  to promote the improvement of health service quality in the Province;

(b)  to develop and implement mechanisms to engage the citizens of New Brunswick in meaningful dialogue for the purpose of improving health service quality in the Province;

(c)  to measure, monitor and assess population health and health service quality in the Province;

(d)  to identify effective practices for the improvement of health service quality in the Province;

(e)  to evaluate strategies designed to improve health service quality in the Province;

(f)  to assess citizen satisfaction with health services and health service quality in the Province;

(g)  to investigate matters respecting the health care system that are referred to it by the Minister;

(h)  to provide recommendations to the Minister with respect to any of the activities described in paragraphs (a) to (g); and

(i)  to carry out such other activities or duties as may be authorized or required by this Act or as the Lieutenant-Governor in Council may direct.

Powers of Council

4(1) In respect of its objects and purposes, the Council has the capacity and, subject to this Act and the regulations, the rights, powers and privileges of a natural person.

4(2) For the purposes of section 3, the Council may require the Minister, a government agency or a regional health authority to produce to the Council any reports, records, documents or other information, including non-identifying health information respecting an individual.

Duty to produce information

5 Within 30 days after a request under subsection 4(2) is received, the Minister, the government agency or the regional health authority, as the case may be, shall produce to the Council the reports, records, documents or other information requested by the Council, unless prohibited by law.

Public accountability

6 The Council shall prepare and publish from time to time reports containing, but not limited to, information in relation to the following:

(a)  activities of the Council;

(b)  population health and health service quality;

(c)  research promoted or undertaken by the Council;

(d)  recommendations related to the improvement of health service quality made by the Council; and

(e)  any other matter that relates to the Council’s objects and purposes under section 3.

Membership

7(1) The Council shall consist of not more than 16 members to be appointed by the Lieutenant-Governor in Council, and each member shall be appointed for a term of not more than 3 years.

7(2) A member of the Council may be reappointed, but no member shall serve more than 2 consecutive terms in addition to any term required to fill a vacancy under subsection (4).

7(3) If a member of the Council dies or resigns from office, the person ceases to be a member of the Council on the date of death or on the day on which the resignation is received by the Council, as the case may be.

7(4) Where a vacancy occurs on the Council, the Lieutenant-Governor in Council may appoint a person to fill the vacancy for the balance of the term of the member replaced.

Remuneration and reimbursement

8 The Lieutenant-Governor in Council may determine the remuneration to be paid to the chairperson, the vice-chairperson and the other members of the Council and may fix the rate for reimbursement of expenses incurred by them while acting on behalf of the Council.

By-laws

9(1) The Council may, subject to the approval of the Minister, make by-laws for the control and management of the business and affairs of the Council including, but not limited to, the following:

(a)  providing for the election or designation of a vice-chairperson of the Council;

(b)  providing for the appointment of officers from the members of the Council, including the functions and duties of the officers;

(c)  governing the establishment and operation of committees of the Council, including the manner of appointing members of such committees;

(d)  respecting the expenses to be paid to a member of a committee; and

(e)  setting out additional powers and duties of the chief executive officer.

9(2) The Regulations Act does not apply to a by-law made under subsection (1).

Chairperson

10 The Lieutenant-Governor in Council shall appoint one of the members of the Council as chairperson and shall fix the term of the appointment.

Meetings

11 The Council shall meet when called by the chairperson and shall meet not less than 4 times in each fiscal year.

Quorum

12(1) A majority of the members of the Council, of whom one is either the chairperson or the vice-chairperson, constitutes a quorum.

12(2) A vacancy on the Council does not impair the capacity of the remaining members of the Council to act.

Minutes

13 The Council shall provide a copy of the minutes of all Council meetings to the Minister within 7 days after the meeting at which the minutes were adopted.

Chief executive officer

14(1) The Council shall appoint a chief executive officer and shall establish the duties of the chief executive officer.

14(2) Notwithstanding subsection (1), the Lieutenant-Governor in Council shall appoint the first chief executive officer of the Council.

14(3) The chief executive officer is, subject to the direction of the Council, charged with the general direction, supervision and control of the business of the Council, and may exercise such other powers as may be conferred on the chief executive officer by the by-laws of the Council.

Indemnification

15 Every member of the Council, and the heirs, executors, estate and effects of every member of the Council, shall be indemnified and saved harmless out of the funds of the Council with respect to all costs, charges and expenses that the member incurs in relation to any action or other proceeding brought or prosecuted against the member in connection with the duties of the person as a member of the Council and with respect to all other costs, charges and expenses the member incurs in connection with those duties, except costs, charges and expenses that are occasioned by the member’s own wilful neglect or wilful default.

Insurance

16(1) The Council shall maintain adequate insurance coverage for the protection of the following:

(a)  all property of the Council;

(b)  all property entrusted to the Council; and

(c)  all employees and other persons who are, by invitation, at buildings or other premises or places of, or entrusted to, the Council.

16(2) Her Majesty the Queen in right of the Province may assume responsibility under subsection (1) for interest and risks of the Council respecting specified property of the Council or specified property entrusted to the Council.

16(3) If Her Majesty the Queen in right of the Province assumes responsibility under subsection (2) respecting specified property of the Council or specified property entrusted to the Council, the Council shall not maintain insurance coverage for the protection of that property.

16(4) Her Majesty the Queen in right of the Province may indemnify the Council, on such terms and conditions as it considers appropriate, for any money payable by the Council to or in respect of employees or other persons who are, by invitation, at buildings or other premises or places of, or entrusted to, the Council, as a result of liability incurred by the Council for injury to such employees or other persons.

Business plan

17(1) The Council shall prepare and submit for the Minister’s approval a business plan for each fiscal year.

17(2) The Council shall not make changes to an approved business plan without obtaining the prior written approval of the Minister.

Budget

18(1) Each year, on or before the thirty-first day of October, the Council shall submit to the Minister a proposed budget containing the estimate of the amount of money required for the operation of the Council during the next fiscal year.

18(2) The Minister shall in each year pay to the Council such amounts of money as are appropriated by the Legislature for financing the operation of the Council.

18(3) The Council shall not accumulate a deficit.

Fiscal year

19 The fiscal year of the Council begins on the first day of April in one year and ends on the thirty-first day of March in the following year.

Auditor

20(1) The Council shall appoint an external auditor who shall audit the records, accounts and financial transactions of the Council annually.

20(2) The Council shall not appoint for an auditor, and no person shall act as an auditor of the Council, if in the fiscal year in which the appointment is made, or in the preceding fiscal year, the person

(a)  is or was a member of the Council,

(b)  has or had direct or indirect interest in an agreement or contract entered into by the Council, other than a contract respecting the audit, or

(c)  is or was employed by the Council in a capacity other than as an auditor.

Financial information

21 The Council shall provide the following information to the Minister in a manner and form specified by the Minister:

(a)  on or before the thirtieth day of April in each year, a preliminary unaudited financial statement for the preceding fiscal year; and

(b)  on or before the thirtieth day of June in each year, the audited financial statements and the auditor’s report on financial statements for the preceding fiscal year.

Annual report

22(1) The Council shall submit a report annually to the Minister containing the following information:

(a)  a report on the activities of the Council for the preceding fiscal year;

(b)  a summary of the audited financial statements submitted under section 21; and

(c)  such other information as the Minister may require.

22(2) The Council shall submit the annual report to the Minister no later than the thirty-first day of July in each year for the preceding fiscal year.

22(3) The Minister shall lay the annual report before the Legislative Assembly if it is in session or, if not, at the next ensuing session.

Special reports

23 The Council shall prepare and submit to the Minister such reports, records, documents or other information that the Minister may require from time to time, within the time and in the form specified by the Minister.

Crown Corporations Committee

24 The Council shall appear before the Standing Committee on Crown Corporations of the Legislative Assembly of New Brunswick, if requested to do so by that Committee.

Regulations

25 The Lieutenant-Governor in Council may make regulations

(a)  prescribing other objects of the Council;

(b)  respecting the appointment of members of the Council, including criteria for eligibility; and

(c)  respecting any other matter or thing that the Lieutenant-Governor in Council considers necessary to carry out the intent of this Act.

Consequential amendment to the Public Service Labour Relations Act

26 Part III of the First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended by adding after

Fundy Linen Services, Inc., Saint John, N.B.

the following:

New Brunswick Health Council

Consequential amendments to the Right to Information Act

27(1) Section 1 of the Right to Information Act, chapter R-10.3 of the Acts of New Brunswick, 1978, is amended

(a)  in the definition “appropriate Minister”

(i) by striking out the semicolon at the end of paragraph (c) and substituting a comma;

(ii) by adding after paragraph (c) the following:

(c.1)  if the department is the New Brunswick Health Council, the chairperson of the Council, or

(b)  by adding the following definition in alphabetical order:

“New Brunswick Health Council” means the New Brunswick Health Council established under the New Brunswick Health Council Act; (Conseil du Nouveau-Brunswick en matière de santé)

27(2) Section 6 of the Act is amended by adding after paragraph (f.3) the following:

(f.4)  would disclose the subject or substance

(i) of briefings to members of the New Brunswick Health Council or a committee of the Council respecting matters that were, are or are proposed to be brought before a meeting of the Council or a committee of the Council, or

(ii) of discussions, consultations or deliberations among members of the Council or among members of a committee of the Council respecting such a meeting;

(f.5)  would disclose advice, opinions, proposals, recommendations, analyses or policy options provided, given or made to or for the members of the New Brunswick Health Council or a committee of the Council for the purposes of the Council or a committee of the Council in exercising its powers and performing its duties and functions;

Commencement

28 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.