BILL 17

An Act Respecting Regional Health Authorities

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

Regional Health Authorities Act

1(1) Section 20 of the Regional Health Authorities Act, chapter 217 of the Revised Statutes, 2011, is amended by adding after subsection (5) the following:

20(5.1) A member appointed under subsection (5) shall meet the following eligibility criteria:

(a)  if the vacancy occurs during the term of office of a member referred to in subparagraph (1)(a)(i), the eligibility criteria prescribed by regulation for an appointed member; and

(b)  if the vacancy occurs during the term of office of a member referred to in subparagraph (1)(a)(ii), the eligibility criteria prescribed by regulation for an elected member.

20(5.2) Despite subsection (1), the Minister shall appoint a member who would otherwise be elected under subparagraph (1)(a)(ii) in the circumstances prescribed by regulation.

20(5.3) A member appointed under subsection (5.2) shall be deemed to be an elected member for the purposes of subsection (1).

20(5.4) A member appointed under subsection (5.2) shall meet the eligibility criteria prescribed by regulation for a member elected under subparagraph (1)(a)(ii).

20(5.5) The term of office of a member appointed under subsection (5.2) shall expire on the same date as prescribed by regulation for the term of office of a member elected under subparagraph (1)(a)(ii).

1(2) Section 71 of the Act is amended

(a)  by renumbering the section as subsection 71(1);

(b)  by adding after paragraph (e) the following:

(e.1)  respecting the election of members of a board and any matters relating to the holding and running of those elections, including

(i) the frequency of elections,

(ii) the eligibility requirements of voters and candidates,

(iii) the appointment of election officers and their qualifications and responsibilities,

(iv) the persons who are ineligible to be appointed or to act as election officers,

(v) the establishment of election procedures, including the nomination of candidates, the dates, times and places of voting, and publication requirements,

(vi) the division of each health region into subregions and establishing the number of members of a board to be elected in each subregion;

(e.2)  respecting taking office and the term of office of elected members of a board;

(e.3)  respecting elections by acclamation and incomplete elections of members of a board;

(e.4)  respecting the circumstances under which a by-election may be held to elect a member of a board;

(e.5)  prescribing circumstances for the purposes of subsection 20(5.2);

(e.6)  adopting the Municipal Elections Act for the purposes of an election of members of a board, with the modifications or exclusions that are considered necessary;

(e.7)  prescribing offences and penalties under this Act with respect to an adopted provision of the Municipal Elections Act for an election of members of a board;

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

71(2) A regulation made under paragraph (1)(c), (e), (e.1) to (e.7), or (i) may be retroactive in its operation to December 30, 2011.

1(3) Schedule A of the French version of the Act is amended in paragraph b), in the portion preceding subparagraph (i), by striking out “Régie régionale de la santé B” and substituting « Région de la santé B ».

An Act to Amend the Regional Health Authorities Act

2(1) Section 1 of An Act to Amend the Regional Health Authorities Act, chapter 6 (Supp.) of the Revised Statutes, 2011, is repealed.

2(2) Section 2 of the Act is repealed.

2(3) Section 3 of the Act is repealed.

2(4) Section 4 of the Act is repealed.

2(5) Section 5 of the Act is repealed.

2(6) Section 6 of the Act is repealed.

2(7) Section 7 of the Act is amended

(a)  in the portion preceding paragraph (a) by striking out “Act” and substituting “Regional Health Authorities Act, chapter 217 of the Revised Statutes, 2011,”;

(b)  by repealing subsection 20(1) as enacted by paragraph 7(a) and substituting the following:

20(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, 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.

(c)  by repealing 7(b) and substituting the following:

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

20(1.1) In making appointments under subparagraph (1)(a)(i), the Minister shall determine the competencies necessary to fulfil the mandate of the board and shall have regard to gender, representation from urban and rural areas, aboriginal representation and the overriding interests of the official linguistic communities.

20(1.2) 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.

2(8) Section 19 of the Act is amended in the portion preceding paragraph (a) by striking out “Section 71” and substituting “Subsection 71(1)”.

2(9) Section 21 of the Act is repealed and the following is substituted:

21 This Act comes into force on December 30, 2011.

Commencement

3 This Act comes into force on December 30, 2011.