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

Emergency and Health Services Act

1 Section 1 of the Emergency and Health Services Act, R.S.B.C. 1996, c. 182, is amended

(a) in subsection (1) in the definition of "minister" by adding "and sections 2 to 4" after "except in subsection (2)", and

(b) in subsection (3) by adding "and sections 2 to 4" after "subsection (2)".

2 Section 2 is amended

(a) by striking out "Lieutenant Governor in Council" wherever it appears and substituting "minister", and

(b) by repealing subsection (5).

3 Sections 3 and 4 are amended by striking out "Lieutenant Governor in Council" wherever it appears and substituting "minister".

4 Section 14 (2) is amended

(a) in paragraph (c) by striking out "or" at the end of subparagraph (i), by adding ", or" at the end of subparagraph (ii) and by adding the following subparagraph:

(iii) different persons or classes of persons; , and

(b) by repealing paragraph (c.1) and substituting the following:

(c.1) authorizing the waiving of fees for

(i) different persons or classes of persons, and

(ii) involuntary committals under the Mental Health Act; .

Health and Social Services Delivery Improvement Act

5 Section 3 of the Health and Social Services Delivery Improvement Act, S.B.C. 2002, c. 2, is amended by repealing the definition of "bumping".

6 Section 6 (2) and (4) is repealed.

7 Sections 9 and 19 (2) (c) are repealed.

8 Section 5 of the Health Sector Labour Adjustment Regulation, B.C. Reg. 39/2002, is repealed.

Health Sector Partnerships Agreement Act

9 Sections 4 (1) and (3) and 5 (2) and (4) of the Health Sector Partnerships Agreement Act, S.B.C. 2003, c. 93, are repealed.

Health Statutes Amendment Act, 2006

10 Section 33 of the Health Statutes Amendment Act, 2006, S.B.C. 2006, c. 23, is repealed.

Medicare Protection Act

11 Section 49 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is repealed and the following substituted:

Duty to keep information confidential

49  (1) In this section, "person engaged in the administration of this Act" includes the following persons:

(a) each member or former member of the commission;

(b) each former member of the Medical and Health Care Services Appeal Board;

(c) each employee or former employee of the ministry employed in the administration of this Act;

(d) each inspector or former inspector appointed under this Act;

(e) each member or former member of an advisory committee;

(f) any person engaged or previously engaged in the administration of this Act.

(2) A person engaged in the administration of this Act must keep confidential matters respecting an individual beneficiary or practitioner that come to his or her knowledge in the course of his or her employment or duties, and must not communicate any of those matters except as follows:

(a) in the course of the administration of this Act or another Act or program administered by the minister;

(b) to communicate prescribed information to a person who

(i) is a beneficiary and is, or whose personal information is, identified in a hearing under section 15 or 37,

(ii) provides information to the commission that leads to an audit or inspection under section 36, or to a determination that no audit or inspection is required under that section, or

(iii) provides information to the commission that leads to an application for an injunction under section 45.1, or to a determination that no injunction is required under that section;

(c) to communicate prescribed information to one or more persons if a person is the subject of

(i) a notice of hearing under section 15 or 37,

(ii) an audit or inspection under section 36, or

(iii) an application for an injunction under section 45.1, and

if, in the opinion of the minister or the chair, there is a compelling public interest in the disclosure of that information;

(d) in accordance with section 33.2 (i) of the Freedom of Information and Protection of Privacy Act;

(e) for a purpose listed in section 5 of the E-Health (Personal Health Information Access and Protection of Privacy) Act.

Commencement

12  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

 
Explanatory Notes

Emergency and Health Services Act

SECTION 1: [Emergency and Health Services Act, section 1] ensures that the power to appoint members of the commission, approve the purchase of real property by the commission, and appoint an executive officer of the commission cannot be exercised by a person other than the minister, a minister designated to act in the office, or the deputy or associate deputy of the minister.

SECTION 2: [Emergency and Health Services Act, section 2] removes the power of the Lieutenant Governor in Council to appoint members of the commission and gives that power to the minister, and removes the minister's power to make temporary appointments to the commission by relying instead on section 22 (e) of the Interpretation Act.

SECTION 3: [Emergency and Health Services Act, sections 3 and 4] consistent with the changes to section 2 of the Act made by this Bill, removes the powers of the Lieutenant Governor in Council to approve purchases of real property by the commission and to appoint an executive officer of the commission and gives those powers to the minister.

SECTION 4: [Emergency and Health Services Act, section 14] adds regulation making powers to provide for, or authorize waiver of, fees for different persons or classes of persons.

Health and Social Services Delivery Improvement Act

SECTION 5: [Health and Social Services Delivery Improvement Act, section 3] repeals a definition that applied to a spent provision.

SECTION 6: [Health and Social Services Delivery Improvement Act, section 6]

• repeals the prohibition against provisions in health sector collective agreements which restrict, limit or regulate the contracting out of non-clinical services, and
• repeals a subsection that voids provisions in collective agreements which require consultation with trade unions prior to contracting out those non-clinical services.

SECTION 7: [Health and Social Services Delivery Improvement Act, sections 9 and 19] removes a spent provision and a corresponding regulation making power under the spent provision.

SECTION 8: [Health Sector Labour Adjustment Regulation] removes a spent provision.

Health Sector Partnerships Agreement Act

SECTION 9: [Health Sector Partnerships Agreement Act, sections 4 and 5]

• repeals the prohibitions against provisions in designated private sector partners' collective agreements and contractors' collective agreements which restrict, limit or regulate the contracting out of non-clinical services provided at or for designated health care facilities under the Act, and
• repeals subsections that void provisions in those collective agreements which require consultation with trade unions prior to contracting out those non-clinical services.

Health Statutes Amendment Act, 2006

SECTION 10: [Health Statutes Amendment Act, 2006, section 33] is consequential to the enactment of section 49 of the Medicare Protection Act by this Bill.

Medicare Protection Act

SECTION 11: [Medicare Protection Act, section 49]

• maintains the ability to disclose confidential information for administrative and law enforcement purposes,
• expands the circumstances in which a person engaged in the administration of the Act may communicate confidential information, and
• ensures that the purposes of disclosure under the Medicare Protection Act are consistent with the disclosure provisions in the E-Health (Personal Health Information Access and Protection of Privacy) Act.