Bill 66 — Third Session, 18Th Legislature, 26 Elizabeth Ii the "Legislative Assembly of Albert A Bill 66 the Department of Hospitals and Medical Care Act (Legislature 18, Session 3)

L18 S3 5768

Alberta — Bills

1977 BILL 66 Third Session, 18th Legislature, 26 Elizabeth II THE "LEGISLATIVE ASSEMBLY OF ALBERT A BILL 66 THE DEPARTMENT Of HOSPITALS AND MEDICAL CARE ACT THE MINISTER OF HOSPITALS AND MEDICAL CARE First Reading ............................................ . Second Reading .................................... , ...... . Third Reading ........................................... . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 66 BILL 66 1977 THE DEPARTMENT OF HOSPITALS AND MEDICAL CARE ACT (Assented to , 1977) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) "Department" means the Department of Hospitals and Medical Care; (b) "Minister" means the Minister of Hospitals and Medi cal Care. 2 There shall be a department of the public service of the Province called the Department of Hospitals and Medical Care over which shall preside the member of the Executive Council appointed by the Lieutenant Governor under the Great Seal of the Province as the Minister of Hospitals and Medical Care. 3

(1) The Lieutenant Governor in Council may establish the offices of not more than two Deputy Ministers for the Depart ment. and shall designate the name for each· office so established.

(2) In accordance with The Public Service Act there may be appointed (

a) the Deputy Ministers whose offices are established under subsection (1), and (

b) a Departmental Controller and such other employees as may be required to conduct the business of the Department. 4

(1) The Minister may from time to time engage the services of experts or persons having special technical or other knowl edge to advise him or to inquire into and report to him on matters under the Minister's administration. 1

Explanatory Notes GENERAL: This Bill creates a Department of Hospitals and Medical Care which will take over the duties of the Alberta Hospitals Commis sion and the Alberta Health Care Insurance Commission. 1

Definitions. 2 Establishment of Department. 3 Employees. 4 Experts and advisors. 1

(2) A person whose services are engaged under this

section may be paid such remuneration and expenses as the Minister may prescribe. 5(1) The Minister may establish such boards, committees or councils as he considers necessary or desirable to act in an advisory or administrative capacity in connection with any of the policies, programs, services or other matters under his administration.

(2) The Minister may, with respect to any board, committee or council established under this section, (

a) appoint or provide for the manner of appointment of its members, (

b) prescribe the term of office of any members, (

c) designate a chairman, vice-chairman and secretary, and (

d) authorize, fix and provide for the payment of remunera tion and expenses to its members.

(3) A board, committee or council established pursuant to this

section may make rules of procedure, subject to the approval thereof by the Minister, governing the calling of meetings and the conduct of business at its meetings.

(4) A board, committee or council established pursuant to this

section may exercise such powers and shall perform such duties and functions as the Minister may confer or impose upon it. 6(1) There is hereby created a Hospitals and Medical Care Policy Advisory Committee.

(2) The Hospitals and Medical Care Policy Advisory Commit tee may act in an advisory capacity in connection with any of the policies, programs, services or other matters under the admin istration of the Minister.

(3) The Lieutenant Governor in Council may, with respect to the Hospitals and Medical Care Policy Advisory Committee, (

a) appoint its members, (

b) prescribe the term of office of any members, (

c) designate a chairman, vice-chairman and secretary, and (

d) authorize, fix and provide for the payment of remunera tion and expenses of its members. 2

5 Advisory and administrative boards. 6 Hospitals and Medical Care Policy Advisory Committee. 2

(4) The Hospitals and Medical Care Policy Advisory Commit tee may make rules of procedure, subject to the approval thereof by the Minister, governing the calling of meetings and the conduct of business at its meetings. 7(1) The Minister may make grants if (

a) he is authorized to do so by regulations under this section, and (

b) moneys are appropriated by the Legislature for that purpose or the grant is authorized to be paid pursuant to a special warrant.

(2) The Lieutenant Governor in Council may make regulations (

a) authorizing the Minister to make grants; (

b) prescribing the purposes for which grants may be made; (

c) governing applications for grants; (

d) prescribing the persons or organizations or classes of persons or organizations eligible for grants; (

e) specifying the conditions required to be met by any applicant for a grant to render that person or organization eligible for a grant; (

f) prescribing the conditions upon which a grant is made and requiring the repayment thereof to the Government if the conditions are not met; (

g) providing for the payment of any grant in a lump sum or by instalments and prescribing the time or times at which the grant or the instalments may be paid; (

h) limiting the amount of any grant or class of grants that may be made; (0 authorizing the Minister to delegate in writing to any employee of the Government any duty, power or function respecting the payment of any grant;

G) requiring any person or organization receiving a grant to account for the way in which the grant is spent in whole or in part; (

k) authorizing the Minister to enter into an agreement with respect to any matter relating to the payment of a grant.

(3) Any regulations made under subsection (2) may be specific or general in application. 3

7 Grants. 3

8 The Minister may on behalf of the Government 0'£ Albe~ta enter into agreements relating to any matter under hIs admm istration with the Government of Canada, the government of any province or territory of Canada, an agency of any of those governments, any municipal corporation in Alberta, hospital boards or any other person or unincorporated group of persons. 9(1) Where the Minister is given any power or duty under this Act or the regulations, or under any other Act or regulation, he may authorize one or more officers or employees of the Department to exercise or perform that power or duty upon such conditions or in such circumstances as the Minister prescribes. (2) Subsection (1) does not apply to the power of the Minister to make regulations. 10(1) In this

section (a) "Act now under the Minister's administration" means The Alberta Health Care Insurance Act, The Health Insurance Premiums Act, The Alberta Hospitals Act, The Nursing Homes Act, The Cancer Treatment and Prevention Act, The Provincial General Hospitals Act, The University of Alberta Hospital Act or The Lloydminster Hospital Act and the regulations made under any of them; (b) "Health Care Commission" means The Alberta Health Care Insurance Commission established under The Alberta Health Care Insurance Act; (c) "Hospital Commission" means The Alberta Hospital Services Commission established under The Hospital Services Commission Act.

(2) Every order, decision, direction, instrument, approval, con sent or undertaking made or given before the commencement of this Act by the Health Care Commission, the Hospital Commission, the Minister of Health, the Minister of Health and Social Development or the Deputy Minister of Hospital Services of the Department of Health under The Hospital Services Com mission Act or

an Act now under the Minister's administration shall be deemed to have been made or given by the Minister.

(3) Any agreement made under The Hospital Services Commis sion Act or

an Act now under the Minister's administration before the commencement of this Act to which the Health Care Commission, the Hospital Commission, the Minister of Health or the Minister of Health and Social Development is a party or a signatory on behalf of the Crown in right of Alberta shall be deemed to be amended so that the Minister is a party or signatory to the agreement in the place of the Health Care Commission, the Hospital Commission, the Minister of Health or 4

8 Agreements. 9 Delegation of powers. 10 Transitional. 4

the Minister of Health and Social Development, as the case may be.

(4) A reference to the Health Care Commission or the Hospital Commission in any statutory provision not amended by this Act or in any agreement, regulation, order, decision, instrument, approval, consent or undertaking made before the commence ment of this Act pursuant to The Hospital Services Commission Act or any Act now under the Minister's administration shall be deemed to be a reference to the Minister unless the context otherwise requires. 11

Section 70)(

b) of this Act is repealed and the following is substituted: (

b) there is authority available in a supply vote for the purpose for which the grant is to be made. 12 0) The Acts enumerated in the

Schedule are amended in ac cordance with the Schedule.

(2) If at the time the amendments to sections 140) and 150) of The Provincial General Hospitals Act in the

Schedule come into force the report under

section 15 of that Act has not been made with respect to 1977, the report shall relate to the period commencing on January 1, 1977 and ending March 31, 1978.

(3) If at the time the amendments to sections 140) and 150) of The Provincial General Hospitals Act in the

Schedule come into force the report under

section 15 of that Act has been made with respect to 1977, the next report shall relate to the period commencing on January 1, 1978 and ending March 31, 1979.

(4) If at the time the amendment to

section 140) of The Cancer Treatment and Prevention Act in the

Schedule comes into force the report under that

section has not been made with respect to 1977, the report shall relate to the period commencing on January 1, 1977 and ending March 31, 1978.

(5) If at the time the amendment to

section 140) of The Cancer Treatment and Prevention Act in the

Schedule comes into force the report under that

section has been made with respect to 1977, the next report shall relate to the period commencing on January 1, 1978 and ending March 31, 1979. 13 The Hospital Services Commission Act is repealed. 14 This Act comes into force on a date or dates to be fixed by Proclamation. 5

11 Consequential to The Financial Administration Act, 1977. 12 Acts amended. 13 S.A. 1971,

chapter 45 repealed. 5

SCHEDULE Amendments to other Acts THE CANCER TREATMENT AND PREVENTION ACT (R.S.A. 1970, c. 38)

Section 2: Clause (bl) is repealed. Clause (

c) is repealed and the/ollowing is substituted: (c) "Minister" means the Minister of Hospitals and Medical Care; Sections 5,8,9(1) (0,10,11,12,13,14 and 15: "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 9(1): Clause 0) is repealed and the/ollowing is substituted:

G) prepare annually, for submission to the Minister on or before September 30, an estimate of expenditures for the next ensuing fiscal year of the Government.

Section 12.1 (5) (a): "The Alberta Health Ca~e Insurance Commission, The Al berta Hospitals Services Commission" is struck out and "the Minister" is substituted.

Section 12.1 (5) (a) (i): "requested in writing by a member" is struck out and "re quested in writing by the Minister or a member" is substituted. "or the Commission" is struck out. 6

Section 12.1 (5) (a) (ii): "by that board or Commission" is struck out and "by the Minister or that board" is substituted.

Section 13 (1): "31st day of December" is struck out and "March 31" is substituted.

Section 13 (2): "calendar year" is struck out and "fiscal year of the Government" is substituted.

Section 14 (1) : Subsection OJ is repealed and the/ollowing is substituted: 14(1) The board shall make a report annually to the Minister for the 12 months ending on March 31 each year.

Section 16: " , after consultation with the Commission, " is struck out. THE DEPARTMENT OF SOCIAL SERVICES AND COMMUNITY HEALTH ACT (S.A. 1971, c. 25)

Section 9(1) (b): Subclause Ox) is repealed and the/ollowing is substituted: Ox) the Minister of Hospitals and Medical Care. 7

Section 10: THE ALBERTA EVIDENCE ACT (R.S.A. 1970, c. 127) Subsection (3.1) is repealed and thefollowing is substituted:

(3.1) In subsections (2) and (3), "Minister" means the Minis ter of Hospitals and Medical Care. Schedule: THE FINANCIAL ADMINISTRATION ACT (R.S.A. 1970, c. 142) The

Schedule is amended by repealing sections 7 and 8 and by substituting the following: 7 Health Care Insurance Fund (

a) All moneys and investments of the Fund. THE ALBERTA HEALTH CARE INSURANCE ACT (R.S.A. 1970, c. 166)

Section 2: Clause (

b) is repealed and thefollowing is substituted: (b) "benefits" means the amounts payable by the Min ister in respect of the cost of (

i) basic health services, or (in optional health services; In clauses (

c) and (n)Oi) "Commission" is struck out and "Minister" is substituted. Clauses (

d) and (

h) are repealed. The following clause is added after clause (k): 8

(kl) "Fund" means the Health Care Insurance Fund established under

section 39.1; In clause (s) "and the by-laws of the Commission" is struck out

Part 1:

Part 1 is repealed.

Section 18: "Commission" is struck out wherever it occurs and "Minister" is substituted. "and by-laws" is struck out.

Section 19 (1) : "and by-laws" is struck out.

Section 19(1),(2) and (4): "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 20(4): "Commission" is struck out and "Minister" is substituted. "it is satisfied" is struck out and "he is satisfied" is substituted.

Section 21 (1) (a): "the Commission or any other person, or the expenditure by the Commission of any moneys" is struck out and "or any other person" is substituted.

Section 21 (1) (c): Clause (

c) is repealed.

Section 21 (1) (c.l), G and (1): "Commission" is struck out and "Minister" is substituted. 9

Section 22:

Section 22 is repealed and thelollowing is substituted: 22 The Minister may make regulations prescribing the rates of benefits payable in respect of basic health services.

Section 22.1(1),(2),(3),(6) and (7): "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 22.1 (1) and (2): "made after July 1, 1969" is struck out wherever it occurs.

Section 22.1 (4): "Commission shall consult with, and" is struck out and "Minister" is substituted.

Section 22.1 (5): "Commission reassesses" is struck out and "Minister reas sesses" is substituted. "it" is struck out and "he" is substituted.

Section 22.1 (5) (a) (ii): "debt owing to the Commission" is struck out and "debt owing to the Crown in right of Alberta" is substituted.

Section 22.1 (5) (a): Subclause (;i;) is repealed and thelollowing is substituted: (iii) pursuant to an agreement between the Minister and the resident or practitioner concerned providing for the payment of the excess;

Section 22.2: "liable to the Commission" is struck out in subsection (1) and "liable" is substituted. "Commission" is struck out wherever it occurs and "Minister" is substituted. 10

Section 22.2(4) (b): "its" is struck out and "his" is substituted.

Section 23: "Commission" is struck out and "Minister" is substituted.

Section 24(2): "or by-laws" is struck out.

Section 25 (1): "member and employee of the Commission and every other" is struck out.

Section 25 (1.1) : "A member of the Commission or an employee of the Commission authorized by a member" is struck out and "The Minister or a person employed in the administration of this Act authorized by the Minister" is substituted. "by the Commission" is struck out. "the Alberta Hospital Services Commission" is struck out. "or Commission" in clause (

a) is struck out.

Section 25 (2) : "by the Commission" is struck out. ", the by-laws" is struck out in clause (a). "or by-laws" is struck oulin clause (b). "ersonal representative" is struck out in clause (

c) and "per sonal representative" is substituted.

Section 25 (3) "Commission" is struck out wherever it occurs and "Minister" is substituted. 11

Section 25 (4): "the executive director of the Commission or a member or employee of the Commission" is struck out and "the Minister or an employee of the Government" is substituted.

Section 25 (5) : "executive director of the Commission" is struck out and "Minister" is substituted.

Section 25 (8): "or by-laws" is struck out. Sections 26,27 and 28 (b): "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 29 (1) (a): Subclause (;;) is repealed.

Section 29(4): "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 30(1): "to the Commission" is struck out and "to the Minister" is substituted. "by the Commission" is struck out.

Section 31 (1): "Commission" is struck out and "Minister" is substituted.

Section 32 (1): "to the Commission" is struck out and "to the Minister" is substituted. "b.y ~he Commission" is struck out wherever it occurs and "by the MInIster" is substituted. 12

"the by-laws of the Commission or" is struck out. "or claim" is added after "or account" wherever it occurs.

Section 32(2),33 and 34: "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 35: "Commission" is struck out wherever it occurs and "Minister" is substituted. "satisfactory to it" is struck out in subsection (1) and "satisfactory to him" is substituted. "it may also register" is struck out in subsection (2) and "he may also register" is substituted. "it may make" is struck out in subsection (3) and "he may make" is substituted.

Section 37(

a) and (

c) and 38: "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 39: Clause (

e) is repealed.

Section 39: "for the purposes" is struck out in clause (b). "and the advisory committee appointed under

section 40" is struck out in clause (c). The following is added after

section 39: 39.1

(1) Ther~ shall be established a fund to be known as the "Health Care Insurance Fund".

(2) The Minister shall hold and administer the Fund and shall keep a separate accounting record of the Fund. 13

(3) The following shall be paid into the Fund: (

a) all money received from the Government of Canada under the Federal-Provincial Fiscal Arrangements and Estab lished Programs Financing Act, 1977 (Canada) as contribu tions to Alberta with respect to the medical care program under the federal Act; (

b) all money received as premiums pursuant to The Health Insurance Premiums Act;

(4) The Minister shall pay benefits out of the Fund.

(5) The income from the Fund shall accrue to and form part of the Fund.

(6) The Lieutenant Governor in Council may from time to time direct the Provincial Treasurer to advance money from the General Revenue Fund to the Fund.

(7) In each fiscal year, an amount equivalent to the estimated net deficit of the Fund in the year shall be provided from money appropriated by the Legislature for that purpose and, if the appropriation is insufficient, from the General Revenue Fund.

(8) The Provincial Treasurer shall pay to the Fund the amounts provided by appropriation, and referred to in subsection (7), in instalments as soon as convenient after the first day of every month, each instalment to be in such amount as the Provincial Treasurer in consultation with the Minister may decide.

(9) The Minister shall annually, after the end of a fiscal year, prepare a general report summarizing the operation of the Fund during the last fiscal year and showing such other information as the Lieutenant Governor in Council may require.

(10) The Minister shall lay a copy of a report prepared under subsection (9) before the Legislative Assembly if it is then sitting and if not, within 15 days after the commencement of the next sitting.

Section 40:

Section 40 is repealed and thejol/owing is substituted. 40

(1) The Minister may establish one or more benefits review committees.

(2) The Minister may, with respect to a benefits review com mittee established under subsection (1), (

a) appoint or provide for the appointment of its members, (

b) prescribe the term of office of any members, 14

(

c) designate a chairman, vice-chairman and secretary, and (

d) authorize, fix and provide for the payment of remunera tion and expenses to its members.

(3) A benefits review committee established under subsection (1) shall, when directed to do so by the Minister conduct a review of the rates of benefits payable in respect of ' (

a) basic health services or any class of basic health serv ices, or (

b) optional health services or any class of optional health services, whichever are specified in the direction.

(4) Where a benefits review committee is directed to conduct a review under subsection (3), the Minister may direct the committee to conduct the review in consultation with represent atives of an association of persons who provide the services concerned.

(5) After conducting a review, a benefits review committee shall make recommendations to the Minister with regard to the rates of benefits it has reviewed.

Section 41:

Section 41 is repealed and the/allowing is substituted: 41 The Minister may prescribe such forms to be used under this Act or the regulations as he considers necessary.

Section 41.1: "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 42: "Commission" is struck out wherever it occurs and "Minister" is substituted. "it considers necessary for the 'pur~,os~ of exerci.sing or discharging its powers, duties or,fu!lctlOn~ IS struck out m clause (

b) and' 'he considers necessary IS substituted. 15

Section 43: "Commission or the Minister or both" is struck out and "Minister" is substituted.

Section 44: "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 45: "this Ac" is struck out and "this Act" is substituted.

Section 47 (1) : "thant he requirements" is struck out and "than the requirements" is substituted. THE HEALTH INSURANCE PREMIUMS ACT (R.S.A. 1970, c. 167)

Section 2: "Commission" is struck out in clauses (

c) and (;) and "Minister" is substituted. Clause (

d) is repealed. The following clause is added after clause (h): (h.t) "Minister" means the Minister of Hospitals and Medical Care; Sections 3(1) (c), (f), (

m) and (0) and (2) and 4(1): "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 5 (1): "Commission" is struck out wherever it occurs and "Minister" is substituted. 16

"or to its agent" is struck out and "or to his agent" is substituted. Sections 5(2) and (3),6,7,8,9(5),(6),(7),(8) and (9),10(1) and (4),11(1),(3) and (4),13(1) and (2),14(1) and 14.1: "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 14.1 (2) and (3): "Minister of Hospitals and Medical Care" is struck out and "Department of Social Services and Community Health" is substituted.

Section 15: "Commission" is struck out wherever it occurs and "Minister" is substituted. "it" is struck out and "he" is substituted. "its" is struck out and "his" is substituted.

Section 16 (1) : "Commission" is struck out and "Minister" is substituted.

Section 16.1 (1): "Commission for the purpose of the administration of this Act, any member of the Commission or any person authorized by the Commission" is struck out and " Minister for the purpose of the administration of this Act, any person authorized by the Minister" is substituted.

Section 16.1 (2) and (3): "any member of the Commission or any person appointed or authorized by the Commission" is struck out and "any person authorized by the Minister" is substituted.

Section 17 (1) : "Commission" is struck out and "Minister" is substituted. "a member of the Commission" is struck out and "the Minister" is substituted. 17

Section 17 (3): "Commission" is struck out and "Department of Hospitals and Medical Care" is substituted. Sections 17 (5) and 17.1: "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 18:

Section 18 is repealed and the folio wing is substituted: 18 All money received as premiums by the Minister shall be paid into the Health Care Insurance Fund established under

section 39.1 of The Alberta Health Care Insurance Act.

Section 19:

Section 19 is repealed and the following is substituted: 19 The Minister may prescribe such forms to be used under this Act or the regulations as he considers necessary.

Section 20: "Commission" is struck out wherever it occurs and "Minister" is substituted. "it considers necessary for the purpose of exercising or discharging its powers, duties or functions" is struck out in clause (

b) and "he considers necessary" is substituted.

Section 22(1), (2), (3), (4), (6) and (7): "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 2: THE ALBERTA HOSPITALS ACT (R.S.A. 1970, c. 174) "Commission" is struck out in clause (

a) and "Minister" is substituted. 18

Clause (c2)is repealed. Clause (

I) is repealed and the following is substituted: 0) "Minister" means the Minister of Hospitals and Medical Care; Sections 5, 6(1) and (3) ,7(1), 11 and 14(f): "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 19 (1) : "certified by the Commission as being in compliance with the regulations" is struck out and "approved by the Minister" is substituted.

Section 19(3),(4) and (5): "Commission" is struck out and "Minister" is substituted.

Section 19(4): "its" is struck out and "his" is substituted.

Section 20 (2) : "Commission" is struck out and "Minister" is substituted.

Section 24 (5) : "Commission" is struck out and "Minister" is substituted. "it" is struck out and "he" is substituted.

Section 26 (1) and (3): " , after consultation with the Commission," is struck out. Sections 26(2) (c) ,30(2) ,31 (2), and 32(1): "Commission" is struck out wherever it occurs and "Minister" is substituted. 19

Section 32 (2): "Commission" is struck out and "Minister" is substituted. "it" is struck out and "he" is substituted.

Section 32 (3): "Commission" is struck out wherever it occurs and "Minister" is substituted. "its" is struck out and "his" is substituted. Sections 32(4),34(1) and 35: "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 35 (2): "it" is struck out wherever it occurs and "him" is substituted.

Section 35(5.1) (a): Subclause 0) is repealed.

Section 36 (1) : "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 37: "Commission and officers of the Commission appointed by i t for the purpose," is struck out and "Minister and employees of the Government authorized by the Minister for the purpose" is substituted.

Section 37.1: "Commission" is struck out wherever it occurs and "Minister" is substituted. "it" is struck out in subsections (1) and (2) and "he" is substituted. 20

Section 38 (2) and 42 (1) : "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 42(3): "he" is struck out. Sections 43 (4) and (6) ,45,46 and 52: "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 52 (1) (b): "its" is struck out and "his" is substituted. "it" is struck out and "he" is substituted.

Section 52 (2): "when it has consulted" is struck out and "when the benefi ciary or his agent has consulted" is substituted.

Section 52 (5): "its" is struck out and "his" is substituted. Sections 54,55 and 57 (a), (d), (f), (g), (

h) and 0): "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 57 (d): "its" is struck out and "his" is substituted.

Section 60: "by the Commission from its funds" is struck out and "out of the moneys appropriated by the Legislature for that purpose" is substituted.

Section 62 (b): "or the Commission" is struck out. 21

THE HOSPITAL VISITORS COMMITTEE ACT (S.A. 1972, c. 49)

Section 1: Clause (aJ is repealed.

Section 4: "The Commission shall" is struck out and "The Minister shall" is substituted. "of the Commission" is struck out.

Section 6 (5): "The Alberta Hospital Services Commission" is struck out and "the Government" is substituted. THE LEGISLATIVE ASSEMBLY ACT (R.S.A. 1970, c. 204)

Section 12, clause 26: "The Alberta Hospital Services Commission in respect of collections carried out for that Commission" is struck and "The Department of Hospitals and Medical Care in respect of collec tions carried out for that Department" is substituted. THE LLOYDMINSTER HOSPITAL ACT (S.A. 1948, c. 19)

Section 2: Clause (bl) is repealed. 22

Clause (

e) is repealed and thejol/owing is substituted: (e) "Minister" means the Minister of Hospitals and Medical Care; Sections 8 and 17: "Commission" is struck out wherever it occurs and "Minister" is substituted. THE MENTAL HEALTH ACT, 1972 (S.A. 1972, c. 118)

Section 5 (1) (1): "Alberta Hospital Services Commission" is struck out and "Minister of Hospitals and Medical Care" is substituted. THE NURSING HOMES ACT (R.S.A. 1970, c. 264)

Section 2 (1) : "Commission" is struck out in clauses (a), (

j) and (

g) and "Minister" is substituted. Clause (aJ) is repealed and the jol/owing is substituted: (aD "Committee" means the committee appointed under

section 7.1; Clause (

d) is repealed and thejol/owing is substituted: (d) "Minister" means the Minister of Hospitals and Medical Care; 23

Sections 3,4,5,6.1 and 7: "Commission" is struck out wherever it occurs and "Minister" is substituted. The following

section is added after

section 7: 7.1

(1) The Minister shall establish a committee to (

a) hear applications for nursing home contracts under sec tion 8, (

b) hear applications for the approval of the Minister under

section 10, and (

c) hear complaints under

section 11, and to make recommendations to the Minister regarding those applications or complaints.

(2) The Minister may, with respect to the committee establish ed under this section, (

a) appoint or provide for the appointment of its members, (

b) prescribe the term of office of any members, (

c) designate a chairman, vice-chairman and secretary, and (

d) authorize, fix and provide for the payment of remunera tion and expenses to its members.

Section 8(1),(2),(3) and (4): "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 8 (5): "Commission" is struck out wherever it occurs and "Commit tee" is substituted.

Section 8(6): "Commission" is struck out wherever it occurs and "Commit tee" is substituted. "and decide" is struck out in clause (a). The following is added after subsection (6): 24

(7) Upon concluding its hearing under subsection (6) the Committee shall make a report to the Minister thereon which shall include its recommendations as to the application. Sections 9(4),(5),(6),(7) and (8) and 10(1): "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 10(3): "approval of the Commission" is struck out and "approval of the Minister" is substituted. "the Commission" is struck out wherever it occurs and "the Committee" is substituted. "and decide" is struck out in clause (aJ. The following is added after subsection (3):

(3.1) Upon concluding its hearing under subsection (3), the Committee shall make a report to the Minister thereon which shall include its recommendation as to the application.

Section 10(4): "to give its approval under subsection (I)" is struck out and "to recommend that the Minister give his approval under subsection (I)" is substituted.

Section 10(5): "Commission" is struck out and "Minister" is substituted. "its" is struck out and "his" is substituted.

Section 10(6): "the Commission finds" is struck out and "the Committee finds" is substituted. "the Commission may" is struck out and "the Minister may" is substituted.

Section 11 (1): Subsection (1) is repealed and the/ollowing is substituted: 25

(1) The Minister may, upon a complaint by any person appearing to have knowledge of the facts or upon his own motion order that the Committee hold a hearing to determine whethe~ or not any ground exists under subsection (3) for the making of an order under that subsection.

(1.1) Upon concluding its hearing under this section, the Committee shall make a report thereon to the Minister which shall include its recommendation as to whether or not any ground exists under subsection (3) for the making of an order under that subsection.

Section 11 (2) : "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 11 (3) : "the Commission may" is struck out and "the Minister may" is substituted. "the Commission is satisfied on the basis of evidence adduced at the hearing" is struck out and "the Minister issatis fied on the basis of the report made to him under subsection (1.1)" is substituted. Sections 11 (5) and 11.1 (1) and (2): "Commission" is struck out wherever it occurs and "Minister" is substituted.

Section 11.1 (3) : "and the Commission" is struck out.

Section 11.1 (5) (

c) and (d): "Commission" is struck out and "Minister" is substituted.

Section 11.1 (8): Subsection (8) is repealed and the/allowing is substituted:

(8) Where an appeal is taken under subsection (2) the Minis ter sha~l, upon receipt of the board of review's r~port under subsectIOn (6) and WIthout any further hearing make an order either ' 26

(

a) confirming his order under

section 11 (3), or (

b) cancelling his order and reinstating the contract effective as of the date he prescribes either unconditionally or subject to any condition he prescribes, or (

c) replacing or amending his order under

section 11 (3) effective as of the date he prescribes, or (

d) revoking his order under

section 11 (3) and replacing it with a different order under that subsection effective as at the date of the original order.

Section 11.2: "Commission" is struck out and "Committee" is substituted.

Section 11.3 (4): "Commission" is struck out and "Minister" is substituted.

Section 13: "Commission or any person authorized by it" is struck out and "Minister or any person authorized by him" is substituted. Sections 13.1,14,15 and 16: "Commission" is struck out wherever it occurs and "Minister" is substituted. THE PROVINCIAL GENERAL HOSPITALS ACT (R.S.A. 1970, c. 286)

Section 2: Clause (aJ) is repealed. Clause (

c) is repealed and the/ollowing is substituted: (c) "Minister" means the Minister of Hospitals and Medical Care. 27

Sections 9 to 18: "Commission" is struck out wherever it occurs and "Minister" is substituted. Sections 14(1) and 15 (1): "December" is struck out and "March" is substituted. THE UNIVERSITY OF ALBERTA HOSPITAL ACT (R.S.A. 1970, c. 379)

Section 2(1): Clause (aJ) is repealed. The/ollowing is added after clause (b): (b. I) "Minister" means the Minister of Hospitals and Medical Care; Sections 6(1) (h), 7 ,8,12 (1) and 14(1): "Commission" is struck out wherever it occurs and "Minister" is substituted. 28 Title: 1977 (18th, 3rd) Bill 66, The Department of Hospitals and Medical Care Act

Document details

Collection	Alberta — Bills
Citation	L18 S3 5768
Type	bill
Volume / chapter	L18 S3 5768
Language	en
Format	json
Source	PROVINCIAL
Identifier	193157e8b198365cb9a8f0c6901ef7f8738e3b6a

Source file is stored in the law ingest library (json).