BILL 40 -- 1995: HEALTH AUTHORITIES AMENDMENT ACT, 1995

1995 Legislative Session: 4th Session, 35th Parliament
FIRST READING

The following electronic version is for informational purposes only.
The printed version remains the official version.

HONOURABLE PAUL RAMSEY
MINISTER OF HEALTH AND MINISTER
RESPONSIBLE FOR SENIORS

BILL 40 -- 1995

HEALTH AUTHORITIES AMENDMENT ACT, 1995

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 the Health Authorities Act, S.B.C. 1993, c. 47, is amended

(a) in the definition of "public body" by striking out "or" at the end of paragraph (c) and by adding the following paragraphs:

(e) a government corporation as defined in section 1 (1) of the Financial Administration Act, the minister or the government, or

(f) a designated corporation. , and

(b) by adding the following definitions:

"designated corporation" means a corporation designated by regulation under section 17 (2);

"service providers committee" means a health care service providers advisory committee established under the regulations; .

2 Section 4 is amended

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

(2) On designation under this section, a board is a corporation consisting of the following members:

(a) a number, prescribed by the minister, of members appointed by each council in the region from among the members of that council;

(b) a number, prescribed by the minister, of members appointed by the minister and, from among this number of minister's appointments, a portion may be prescribed by the minister as reserved for appointments to represent aboriginal people;

(d) if the region is prescribed by the Lieutenant Governor in Council as one that contains a facility that provides specialized tertiary services to persons from an area greater than the region, a number, prescribed by the minister, of members to be appointed by the minister. ,

(b) by adding the following subsection:

(2.2) The prescribed number, of members under subsection (2) (b) for a board must not exceed 1/3 of the sum of

(a) the number of members that may be appointed under subsection (2) (a) to the board, and

(b) the prescribed number of members under subsection (2) (b) for the board. , and

(3) Members of a board may receive prescribed remuneration for service on the board and be reimbursed for prescribed expenses necessarily incurred while discharging their duties as members of the board.

3 Section 6 is amended by repealing subsections (2) and (3) and substituting the following:

(2) On designation under this section, a council is a corporation consisting of a number prescribed by the minister, or that prescribed number plus one if an appointment is made under paragraph (d), of members appointed by the minister as follows:

(a) 1/3 of the prescribed number chosen to represent the residents in the community;

(b) 1/3 of the prescribed number chosen from

(i) persons elected or appointed to, and nominated by, the boards of the regional districts, the municipal councils and the school boards in the community, and

(ii) in a prescribed community, a prescribed number of persons elected to or appointed to, and nominated by, the aboriginal organizations in the community;

(c) 1/3 of the prescribed number nominated by the minister and, from among this number of minister's appointments, a portion may be prescribed by the minister as reserved for appointments to represent aboriginal people;

(d) if a service providers committee is established in the community, the chair of the service providers committee.

(2.1) If the total number of persons nominated under subsection (2) (b) is fewer than the number to be appointed under that subsection, the minister may nominate and appoint persons to fill the remaining positions under that subsection.

(3) Members of a council may receive prescribed remuneration for service on the council and be reimbursed for prescribed expenses necessarily incurred while discharging their duties as members of the council.

4 The following sections are added:

Amalgamation with a designated corporation

13.1 (1) A designated corporation and a board or council may be amalgamated under this section and, on amalgamation, are continued as the board or council.

(2) An amalgamation under subsection (1) occurs on the date specified in a written consent to the amalgamation given by

(a) the designated corporation,

(b) the board or council, and

(3) The minister must not consent under subsection (2) unless satisfied that the amalgamation is suitable for the purposes of this Act.

(4) A designated corporation must not consent under subsection (2) unless approval for the amalgamation is obtained by special resolution

(a) as defined in section 1 of the Company Act, if the designated corporation is a company as defined in section 1 of the Company Act,

(b) as defined in section 1 of the Society Act, if the designated corporation is a society as defined in section 1 of the Society Act, or

(5) On amalgamation under subsection (1)

(a) the directors and officers of the designated corporation cease to hold office in that corporation,

(b) the members of the designated corporation cease to be members of that corporation,

(c) all property and rights of the designated corporation pass to and vest in the board or council without further act or deed,

(d) the board or council is liable for all debts and obligations of the designated corporation, and

(e) a copy of a consent under subsection (2), certified by the minister, is proof that the amalgamation has occurred.

(6) On amalgamation, for each liability of a designated corporation immediately preceding amalgamation under subsection (1)

(a) the board or council is liable in the same manner and to the same extent as the designated corporation was immediately preceding the date of the amalgamation, and

(b) the board or council may sue or be sued in its own name or that of the designated corporation in any proceeding relating to the liability.

(7) On amalgamation, for each property or right of a designated corporation immediately preceding amalgamation under subsection (1)

(a) all persons are liable in the same manner and to the same extent to the board or council respecting the property or right as they were to the designated corporation immediately preceding the date of the amalgamation, and

(b) the board or council may sue or be sued in its own name or that of the designated corporation in any proceeding relating to the property or right.

(8) On amalgamation, the board or council must promptly send the Registrar of Companies a notice describing

(a) the name of the designated corporation amalgamated with the board or council,

(b) the date of the amalgamation, and

Transfer of facilities from the Provincial government

13.2 (1) The Lieutenant Governor in Council may, by order, dispose of a Provincial body, including land and other property of the government or Provincial body used or occupied by the Provincial body and specified in the order, to a board or council and may in the order specify the conditions for the disposition of the land and other property to the board or council.

(2) On an order under subsection (1) taking effect,

(a) the land and other property referred to in subsection (1) and described in the order pass to and vest in the board or council as provided for under that subsection without further act or deed, and

(b) a copy of the order under subsection (1) is proof that the disposition has taken place.

(3) In this section "Provincial body" means, if owned by the government,

(a) a hospital as defined in section 1 of the Hospital Act,

(b) a Provincial mental health facility, a psychiatric unit or a society as defined in section 1 of the Mental Health Act or a mental health clinic or mental health service established by regulations under section 37 of that Act, or

5 Section 15 (3) is amended by striking out "the Health Act, Hospital Act, Hospital District Act or Mental Health Act" and substituting "the Community Care Facility Act, Continuing Care Act, Health Act, Hospital Act, Hospital District Act, Hospital Insurance Act or Mental Health Act".

6 Section 17 is amended

(a) in subsection (2) by adding the following paragraphs:

(a.1) the establishment of a service providers committee and the practices and procedures to be followed by a service providers committee to enable its chair to serve under this Act;

(c.1) the prescribed regions under section 4 (2) (d);

(c.2) the prescribed remuneration under section 4 (3) and 6 (3);

(c.3) the prescribed communities under section 6 (2) (b) (ii);

(c.4) the designation of corporations;

(c.5) the definition of special resolution for the purpose of section 13.1 (3) (c); , and

(b) in subsection (3) by adding the following paragraph:

(a.1) to facilitate an amalgamation under section 13.1, .

Commencement

7 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

SECTION 1: [Health Authorities Act, amends section 1] broadens the definition of "public body" to include a government corporation or a corporation designated under section 17 of the Act and adds definitions for "designated corporation" and "service providers committee".

SECTION 2: [Health Authorities Act, amends section 4] restructures the membership of regional health boards to facilitate representation of health care service providers and aboriginal peoples and to allow for remuneration of members.

SECTION 3: [Health Authorities Act, amends section 6] restructures the membership of community health councils to facilitate representation of health care service providers and aboriginal peoples and to allow for remuneration of members.

SECTION 4: [Health Authorities Act, adds sections 13.1 and 13.2] facilitates consolidation of designated corporations with regional health boards or community health councils and the transfer of facilities from the Provincial government to regional health boards or community health councils.

SECTION 5: [Health Authorities Act, amends section 15 (3)] includes reference to the Community Care Facility Act, Continuing Care Act and Hospital Insurance Act in section 15 (3) to allow the Lieutenant Governor in Council to make provisions of those Acts respecting a public body apply to a regional health board or community health council.

SECTION 6: [Health Authorities Act, amends section 17] allows the Lieutenant Governor in Council to make regulations respecting matters added to the Act by this Bill.

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