BILL 45

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 preceding section 8 of the Regional Health Authorities Act, chapter R-5.05 of the Acts of New Brunswick, 2002, is amended by striking out “may” and substituting “shall”.

2 Section 8 of the Act is amended

(a)  in subsection (1) in the portion preceding paragraph (a) by striking out “may” and substituting “shall”;

(b)  in subsection (2) by striking out “may” and substituting “shall”.

3 The heading preceding section 9 of the Act is amended by striking out “may” and substituting “shall”.

4 Section 9 of the Act is amended in the portion preceding paragraph (a) by striking out “may” and substituting “shall”.

5 The heading preceding section 10 of the Act is repealed and the following is substituted:

Minister shall establish provincial standards for health services

6 Section 10 of the Act is amended by striking out “may” and substituting “shall”.

7 Section 19 of the Act is amended

(a)  by repealing subsection (1) and substituting the following:

19(1) The business and affairs of a regional health authority shall be controlled and managed by a board consisting of the following persons:

(a)  fifteen voting members:

(i) seven members appointed by the Minister, which appointments shall have regard to gender, 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

(ii) eight elected members; and

(b)  three non-voting members:

(i) the chief executive officer appointed under section 26,

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

(iii) the chairperson of the medical advisory committee.

(b)  by adding after subsection (1) the following:

19(1.1) The Municipal Electoral Officer under the Municipal Elections Act shall exercise general direction and supervision over the administrative conduct of elections held under this Act.

(c)  by repealing subsection (2) and substituting the following:

19(2) A member appointed under subparagraph (1)(a)(i) shall hold office at the pleasure of the Minister for a term of four years and the term may be renewed.

(d)  in subsection (4) of the French version by striking out “conseil d’administration” and substituting “conseil”;

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

19(5) If a vacancy occurs during the term of office of a member referred to in 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.

(f)  in subsection (6) by striking out “Lieutenant-Governor in Council” and substituting “Minister”;

(g)  in subsection (7) of the English version by striking out “its directors” and substituting “the members of its board”;

(h)  in subsection (9) by striking out “board of directors of a regional health authority” and substituting “board”.

8 Section 22 of the Act is amended

(a)  by repealing subsection (1) and substituting the following:

22(1) A member of the board shall not vote by proxy at a meeting of the board.

(b)  in subsection (2)

(i) by repealing the portion preceding paragraph (a) and substituting the following:

22(2) A member of the board may participate in a meeting of the board or of a committee of the board by means of telephone or other communication facilities that permit all persons participating in the meeting to hear each other if

(ii) in paragraph (b) by striking out “board of directors” and substituting “board”;

(c)  in subsection (3) by striking out “board of directors” and substituting “board”.

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

26 The Minister shall appoint a chief executive officer who shall hold office at the pleasure of the Minister and 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 Subsection 28(2) of the English version of the Act is amended by striking out “board of directors” and substituting “board”.

11 Section 34 of the Act is amended

(a)  in paragraph (b) striking out “and” at the end of the paragraph;

(b)  in paragraph (c) by striking out the period at the end of the paragraph and substituting a comma followed by “and”;

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

(d)  health services are delivered within the performance targets established by the Minister for those services.

12 The heading preceding section 36 of the Act is repealed and the following is substituted:

Operation within accountability framework and performance targets

13 Section 36 of the Act is repealed and the following is substituted:

36 Subject to this Act and the regulations, a regional health authority shall operate within

(a)  the accountability framework established by the Minister under section 7, and

(b)  the performance targets established by the Minister under section 9.

14 Section 51 of the Act is repealed and the following is substituted:

51 A regional health authority shall apply generally accepted accounting principles to its records, accounts, financial transactions and financial statements.

15 Subsection 53(1) of the French version of the Act is amended by striking out “transactions financières” and substituting “opérations financières”.

16 Subsection 55(2) of the Act is amended by striking out “shall indemnify” and substituting “may indemnify”.

17 Section 58 of the Act is amended

(a)  in subsection (2) by striking out “board of the regional health authority” and substituting “board”;

(b)  in subsection (4) by striking out “board of directors of the regional health authority” and substituting “board”.

18 Section 63 of the Act is amended by striking out “board of directors of a regional health authority” and substituting “board”.

19 Section 64 of the Act is amended by striking out “board of a regional health authority” and substituting “board”.

20 Section 72 of the Act is amended

(a)  in paragraph (c) by striking out “boards of directors of regional health authorities” and substituting “boards”;

(b)  in paragraph (c.1) by striking out “board of directors of a regional health authority” and substituting “board”;

(c)  by repealing paragraph (l) and substituting the following:

(l)  providing the grounds for the disqualification of an appointed or elected member of a board from holding office as a member of a board,

TRANSITIONAL PROVISIONS AND COMMENCEMENT

Transitional provisions

21(1) The terms of the members of the board that were established under section 19 of the Regional Health Authorities Act as it existed immediately before the commencement of section 7 of this amending Act, expire as of the first meeting of the board following the May 14, 2012 election held under the Municipal Elections Act.

21(2) At the expiration of their terms under subsection (1), the members shall not perform any duties or exercise any powers as members of a board under the Regional Health Authorities Act or the regulations under that Act.

21(3) The terms of the members of a board that are established under section 7 of this amending Act commence as of the first meeting of the board following the May 14, 2012 election held under the Municipal Elections Act.

Commencement

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