BILL 21

An Act to Amend the New Brunswick Health Council Act

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

1 The title of the New Brunswick Health Council Act, chapter 104 of the Acts of New Brunswick, 2016, is repealed and the following is substituted:

New Brunswick Health and Senior Care Council Act

2 Section 1 of the Act is amended

(a)  by repealing the following definitions:

“health care system”;

“health service quality”;

(b)  in the definition “Council” by striking out “New Brunswick Health Council” and substituting “New Brunswick Health and Senior Care Council”;

(c)  by adding the following definitions in alphabetical order:

“health and long-term care service quality” means the general quality of services in the health care and long-term care system as measured by accessibility, equity, appropriateness, safety, efficiency and effectiveness. (qualité des services de santé et de soins de longue durée)

“health and long-term 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 professionals. (système de santé et de soins de longue durée)

3 Section 2 of the Act is amended by striking out “New Brunswick Health Council consisting of those persons appointed by the Lieutenant-Governor in Council” and substituting “New Brunswick Health and Senior Care Council”.

4 Section 3 of the Act is amended

(a)  in paragraph (a) by striking out “health service quality” and substituting “health and long-term care service quality”;

(b)  in paragraph (b) by striking out “health service quality” and substituting “health and long-term care service quality”;

(c)  in paragraph (c) by striking out “health service quality” and substituting “health and long-term care service quality”;

(d)  in paragraph (d) by striking out “health service quality” and substituting “health and long-term care service quality”;

(e)  in paragraph (e) by striking out “health service quality” and substituting “health and long-term care service quality”;

(f)  in paragraph (f) by striking out “health services and health service quality” and substituting “health and long-term care services and health and long-term care service quality”;

(g)  in paragraph (g) by striking out “health care system” and “the Minister” and substituting “health and long-term care system” and “the Minister and the Minister of Social Development”, respectively;

(h)  by adding after paragraph (g) the following:

(g.1)  to assist and support the Department of Health, the Department of Social Development, EM/ANB Inc. and the regional health authorities in the use of analytic tools and methods for health and long-term care system improvements;

(g.2)  to produce comparable and actionable data and provide statistical analysis and information for policy and program development;

(g.3)  to support the academic and research sector by disclosing information in accordance with sections 43 and 43.1 of the Personal Health Information Privacy and Access Act;

(g.4)  to support patient-centric change and improvements in health and long-term care data governance;

(i)  in paragraph (h) by striking out “the Minister” and “(a) to (g)” and substituting “the Minister and the Minister of Social Development” and “(a) to (g.4)”, respectively.

5 Section 4 of the Act is amended

(a)  by repealing subsection (1);

(b)  in subsection (2) by striking out “person” and substituting “person, including the power to enter into a service level agreement”;

(c)  in subsection (3) by striking out “the Minister” and substituting “the Minister, the Minister of Social Development”.

6 Section 5 of the Act is amended by striking out “the Minister” and substituting “the Minister, the Minister of Social Development”.

7 Section 6 of the Act is amended

(a)  in paragraph (b) by striking out “health service quality” and substituting “health and long-term care service quality”;

(b)  in paragraph (d) by striking out “health service quality” and substituting “health and long-term care service quality”.

8 Section 7 of the Act is amended

(a)  in subsection (1) by striking out “not more than 16” and substituting “seven”;

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

7( 1.1) The Lieutenant-Governor in Council shall appoint a Chair of the Council from among the members of the Council.

(c)  by adding after subsection (2) the following:

7( 2.1) Despite subsections (1) and (2), a member of the Council shall remain in office until they resign or are reappointed or replaced.

9 Section 8 of the Act is amended

(a)  by renumbering the section as subsection 8(1);

(b)  in subsection (1) by striking out “the chairperson, the vice-chairperson and the other members of the Council” and substituting “the Chair and other members of the Council”;

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

8( 2) Despite subsection (1), remuneration shall not be paid to a member of the Council who is employed in a portion of the public service of the Province specified in Part 1, 2 or 3 of the First Schedule of the Public Service Labour Relations Act.

10 Subsection 9(1) of the Act is amended

(a)  by repealing paragraph (a);

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

(a.1)  respecting the appointment of the members of the Council, including criteria for eligibility;

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

(c.1)  providing for the appointment to committees of the Council of persons with the required knowledge, experience and expertise;

11 The heading “Chairperson” preceding section 10 of the Act is repealed.

12 Section 10 of the Act is repealed.

13 Section 11 of the English version of the Act is amended by striking out “chairperson” and substituting “Chair”.

14 Subsection 12(1) of the Act is amended by striking out “either the chairperson or the vice-chairperson” and substituting “the Chair”.

15 Subsection 14(2) of the Act is repealed.

16 Section 23 of the Act is repealed and the following is substituted:

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

17 Section 25 of the Act is amended

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

(a.1)  prescribing the terms and conditions for entering into a service level agreement and the contents of the agreement; and

(b)  by repealing paragraph (b).

TRANSITIONAL PROVISIONS, CONSEQUENTIAL
AMENDMENTS AND COMMENCEMENT

Transitional Provisions

18( 1) All appointments of members of the New Brunswick Health Council that are in effect immediately before the commencement of this subsection are revoked.

18( 2) All contracts or agreements relating to the remuneration or expenses to be paid to members of the New Brunswick Health Council that are in effect immediately before the commencement of this subsection are null and void.

18( 3) Despite the provisions of any contract or agreement, no remuneration or expenses shall be paid to members of the New Brunswick Health Council whose appointments have been revoked under subsection (1).

18( 4) No action, application or other proceeding lies or shall be instituted against the Minister of Health or the Crown in right of the Province as a result of the revocation of appointments under subsection (1).

Accountability and Continuous Improvement Act

19 Schedule A of the Accountability and Continuous Improvement Act, chapter 27 of the Acts of New Brunswick, 2013, is amended by striking out “New Brunswick Health Council” and substituting “New Brunswick Health and Senior Care Council” in alphabetical order.

Personal Health Information Privacy and Access Act

20( 1) Section 1 of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is amended in subparagraph (d)(ii) of the definition “custodian” by striking out “New Brunswick Health Council” and substituting “New Brunswick Health and Senior Care Council”.

20( 2) Paragraph 38(1)(g.1) of the Act is amended by striking out “New Brunswick Health Council” wherever it appears and substituting “New Brunswick Health and Senior Care Council”.

Regulation under the Procurement Act

21 Schedule B of New Brunswick Regulation 2014-93 under the Procurement Act is amended by striking out “New Brunswick Health Council” and substituting “New Brunswick Health and Senior Care Council” in alphabetical order.

Public Service Labour Relations Act

22 The First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in Part III by striking out “New Brunswick Health Council” and substituting “New Brunswick Health and Senior Care Council” in alphabetical order.

Regulation under the Regional Health Authorities Act

23 Paragraph 3(1)(f) of New Brunswick Regulation 2012-7 under the Regional Health Authorities Act is amended by striking out “New Brunswick Health Council” and substituting “New Brunswick Health and Senior Care Council”.

Commencement

24 This Act comes into force on September 1, 2023.