Health and Hospital Foundations Regulation (Alta. Reg. 295/2025)

Alta. Reg. 295/2025

Alberta — Regulations

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 114/2026) ALBERTA REGULATION 295/2025 Provincial Health Agencies Act HEALTH AND HOSPITAL FOUNDATIONS REGULATION Table of Contents

Part 1 Health Foundations Division 1 Health Foundations Generally 1

Definitions 2 Delegation 3 Purposes of health foundation 4 Establishing bylaws 5 Corporate status 6 Members 7 Election of members 8 Term of members 9 Appointment of initial members 1 0 Residency requirement for members 11 Participants 1 2 Termination of members and participants 13 Health foundation bylaws 14 Powers and duties 15 Consultation with oversight Minister 1 6 Records, reports and returns 17 Fiscal year 18 Annual meeting 19 Annual report 20 Transfer of property 2 1 Winding-up of health foundations 22 Prohibition on establishi ng health foundations or incorporating organizations Division 2 Specific Health Foundations 23 Alberta Cancer Foundation 24 University Hospital Foundation

AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 2 Division 3 Transitional Provisions 2 5

Definitions 2 6 Transition to health foundations 2 7 Deemed establishing bylaws 2 8 Amendment of deemed establishing bylaws 2 9 Deemed health foundation bylaws 3 0 Members and participants 3 1 Members — University Hospital Foundation

Part 2 Hospital Foundations Division 1 Hospital Foundations 32

Definitions 33 Establishment of hospital foundation 34 Corporate status 35 Members 3 6 Term of members 37 Residency requirement for members 3 8 Termination of members 3 9 Hospital foundation bylaws 40 Fiscal year 41 Annual meeting 42 Annual report 4 3 Transfer of property by hospital foundation 4 4 Transfer of property by hospital foundation operator 45 Winding-up of hospital foundations 46 Prohibition on operating foundat ions to benefit hospitals, etc. Division 2 Transitional Provisions 47

Definitions 48 Transition to hospital foundations 49 Exemptions 50 Deemed hospital foundation bylaws 51 Members and chair

Part 3 Repeals, Expiry and Coming into Force 52 Repeals 53 E x p i r y

Section 1 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 3 54 Coming into force

Part 1 Health Foundations Division 1 Health Foundations Generally

Definitions 1 In this Part, (a) “establishing bylaws” mea ns, with respect to a health foundation, the bylaws establishing the health foundation made by the HSS Provincial Health Corporation in accordance with

section 4; (b) “health foundation” means (

i) a health foundation established by the HSS Provincial Health Corporation in accordance with

section 1.951(1) of the Act and this Part, or (ii) a foundation continued as a health foundation under

section 26; (c) “health foundation bylaws” means the bylaws made by a health foundation under

section 13; (d) “HSS Provincial Health C orporation” means the Health Shared Services Provincial Health Corporation established under

section 2(1) of the Health Shared Services Provincial Health Corporation Regulation (AR 235/2025); (e) “member” means a member of a health foundation; (f) “participant” means a pers on designated as a participant of a health foundation under

section 11. Delegation 2 The chair of the HSS Provincial Health Corporation may delegate any of the chair’s powers under this Regulation to any member or other person the chair considers advisable. Purposes of health foundation 3 The HSS Provincial Health Corporation may establish a health foundation to raise funds to benefit one or more of the following:

Section 4 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 4 (

a) a facility; (

b) a health program; (

c) a community; (d) 2 or more health foundations. AR 295/2025 s3;114/2026 Establishing bylaws 4(1) The establishing bylaws for a health foundation must address the following matters: (

a) the name of the health foundation; (

b) the purposes for which the health foundation is established, in accordance with

section 3; (

c) subject to

section 6(1), th e number of members, set out as a range of numbers or up to a maximum number; (

d) the qualifications and oth er eligibility requirements for membership or designation as a participant; (

e) the requirement for the health foundation to establish a process by which the health foundation consults annually with the HSS Provincial Health Corporation respecting the specific purposes and effects of fundraising; (

f) the requirement for the health foundation to establish operating rules respecting the accumulation and disbursement of annual surpluses; (

g) the requirement for annual approval by the health foundation of any fundraising and financial plans; (

h) the requirement for the health foundation to establish and maintain effective internal controls and procedures, including borrowing and investing practices.

(2) If there is a conflict between the establishing bylaws and the Act, a regulation made under the Act or an enactment that is made applicable by a regulation made under the Act, then the Act, regulation or enactment prevails.

(3) Any amendments to the establishing bylaws must ensure that the funds of the health foundation that were accumulated, acquired or pledged before the date on which the amendments come into force are to be used, in accordance with any applicable trust conditions, solely to carry out the purposes of the health foundation as they existed immediately before that date.

Section 5 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 5 Corporate status 5(1) A health foundation is a corporation consisting of its members.

(2) A health foundation is not a trust corporation for the purposes of the Loan and Trust Corporations Act. Members 6(1) The number of members of a health foundation is the number provided for in the establishing bylaws, which must be not fewer than 5 members.

(2) The members of a health foundation must include (

a) one member appointed by the HSS Provincial Health Corporation, and (

b) at least one member of the public who is not a member of a provincial health agency or a provincial health corporation.

(3) The members must designate a chair from among themselves.

(4) A member is not entitled to remuneration for acting as a member, but the health foundation may, in accordance with the health foundation bylaws, authorize the payment of disbursements to reimburse expenses properly incurred by the member in the course of carrying out the member’s duties. Election of members 7(1) A member of a health foundation other than the member referred to in

section 6(2)(

a) must be elected at a meeting of the health foundation by the members in office.

(2) The member must be elected from (

a) a list of persons nominated by the members in office and the participants of the health foundation, (

b) a list of pers ons resulting from a public nomination or appointment process implemented by the health foundation, or (

c) a combination of the lists referred to in clauses (

a) and (b). Term of members 8(1) The term of a member appointed under

section 6(2)(

a) or 9 or elected under

section 7 must not exceed 3 years.

Section 9 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 6

(2) A member appointed under

section 6(2)(

a) or 9 or elected under

section 7 is eligible to be re-elected or reappointed for additional terms. Appointment of initial members 9 Notwithstanding

section 7(1), when a health foundation is established, the chair of the HSS Provincial Health Corporation must appoint the first members of the health foundation in the number set out in the establishing bylaws. Residency requirement for members 10 A person is not eligible to be appointed or elected as a member of a health foundation unless the person is ordinarily resident in Alberta. Participants 11(1) A health foundation, other than the University Hospital Foundation, may designate one or more persons as participants for the purposes of observing and participating in meetings of the health foundation.

(2) Before designating a participant under subsection (1), the health foundation must consult the HSS Provincial Health Corporation.

(3) A participant does not have the right to vote at meetings of the health foundation. Termination of members and participants 12(1) The HSS Provincial Health Corporation may, by written notice, terminate the appointment of a member if (

a) the member ceases to meet any of the qualifications or other eligibility requirements set out in the establishing bylaws, or (

b) the member ceases to be o rdinarily resident in Alberta.

(2) A health foundation may terminate the designation of a participant if the participant ceases to meet any of the qualifications or other eligibility requirements set out in the establishing bylaws. Health foundation bylaws 13(1) A health foundation must make bylaws respecting the general conduct, operation and management of the health

Section 14 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 7 foundation, including bylaws respecting the reimbursement of expenses under

section 6(4).

(2) Health foundation bylaws must be consistent with the Act, this Regulation and the establishing bylaws. Powers and duties 14(1) A health foundation may solicit and receive real and personal property to carry out the purposes of the health foundation.

(2) A health foundation must comply with any trust conditions attaching to real and personal property it has received.

(3) A health foundation must (

a) carry on its business withou t the purpose of gain of its members and must not pay dividends to its members, and (

b) apply the profits, if any, and other income of the health foundation to carry out the purposes of the health foundation.

(4) A health foundation may enter into any agreements and do all other things that may be necessary, desirable or expedient to carry out its purposes.

(5) A health foundation may delegate any of its powers to committees consisting of members of the health foundation and any other persons the health foundation considers advisable.

(6) A committee referred to in subsection (5) must, in the exercise of the powers delegated to it, conform and be subject to the direction and control of the health foundation. Consultation with oversight Minister 15(1) A health foundation must consult with the oversight Minister at least annually for the purpose of ensuring that the health foundation is carrying out its duties, responsibilities and functions in accordance with the oversight Minister’s strategic direction for the health care system.

(2) The oversight Minister must notify the health foundation in writing of the date on which consultation will take place. Records, reports and returns 16 A health foundation must, on the written request of the chair of the HSS Provincial Health Corporation or the oversight Minister,

Section 17 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 8 provide to the chair or the oversight Minister records, reports and returns as specified in the request. Fiscal year 17 The fiscal year of a health foundation is April 1 to the following March 31. Annual meeting 18 A health foundation must meet at least annually on a date determined in accordance with the health foundation bylaws or on a date set by the chair of the health foundation. Annual report 19(1) In this section, “gross contributions” means gross contributions within the meaning of the Charitable Fund-raising Regulation (AR 108/2000).

(2) By the date specified by the chair of the HSS Provincial Health Corporation but not later than July 31 following the end of a fiscal year, a health foundation must provide to the chair an annual report on its activities for the previous fiscal year that contains (

a) the financial statements fo r the previous fiscal year, and (

b) any other information required by the chair of the HSS Provincial Health Corporation by notice in writing to the health foundation.

(3) The financial statements must be (

a) audited if the gross contr ibutions received by the health foundation in the previous fiscal year were $250 000 or more, or (

b) in a form satisfactory to t he chair of the HSS Provincial Health Corporation if the gross contributions received by the health foundation in the previous fiscal year were less than $250 000.

(4) The oversight Minister may, by notice in writing to a health foundation, require that the annual report, financial statements and information referred to in subsection (2)(

b) be provided in the form, at the time and with the content specified by the oversight Minister.

(5) A health foundation must provide to the chair of the HSS Provincial Health Corporation and the oversight Minister its financial statements for the previous fiscal year, as approved by its

Section 20 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 9 members, not later than June 15 following the end of that fiscal year.

(6) A health foundation must, on the written request of the oversight Minister, provide its annual report to the oversight Minister. Transfer of property 20 A health foundation may, subject to any prior trust conditions, transfer its property as follows: (

a) if the property is real property, (

i) to the Minister responsible for the Real Property Governance Act if the Minister accepts the offer to transfer the property under

section 7 of that Act, or (ii) to a health foundation if the Minister responsible for the Real Property Governance Act decides not to accept an offer referred to in subclause (i); (

b) if the property is personal property, to an appropriate provincial health agency or provincial health corporation, as determined by and with the approval of the oversight Minister. Winding-up of health foundations 21(1) The oversight Minister may order the winding-up of the affairs of a health foundation (

a) on the request of the health foundation, (

b) on the request of the HSS Provincial Health Corporation, (

c) if the health foundation c ontravenes the Act, a regulation made under the Act or an order or direction of the oversight Minister, (

d) if the oversight Minister is satisfied that the health foundation is inactive, (

e) if the oversight Minister is satisfied that the health foundation is not carrying out its purposes, or (

f) if the HSS Provincial Health Corporation ceases to exist.

(2) The affairs of a health foundation must not be wound up except by an order of the oversight Minister.

Section 21 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 10

(3) If the oversight Minister orders the winding-up of the affairs of a health foundation, (

a) the oversight Minister must, subject to subsections (4) an d (5), carry out the activities that the oversight Minister considers necessary to wind up the affairs of the health foundation, (

b) all powers conferred on the health foundation are transferred to and vested in the oversight Minister to the extent necessary to carry out the activities referred to in clause (a), and (

c) the members of the health foundation may not exercise any of their powers except in accordance with the direction of the oversight Minister.

(4) For the purposes of winding up the affairs of a health foundation, the property of the health foundation must be used in the following order: (

a) to pay any costs incurred in the winding-up of the health foundation; (

b) to discharge all liabilities of the health foundation; (

c) to give effect, as far as possible, to any outstanding applicable trust conditions.

(5) Any property remaining after the actions in subsection (4) have been completed must be transferred, (

a) if, in the opinion of the oversight Minister, there is a successor foundation, to the successor foundation, (

b) if there is no successor foundation, (

i) if the property is real property, (

A) to the Minister responsible for the Real Property Governance Act if the Minister accepts the offer to transfer the property under

section 7 of that Act, or (

B) to an appropriate provincial health agency or provincial health corporation, as determined by and with the approval of the oversight Minister, if the Minister responsible for the Real Property Governance Act decides not to accept an offer referred to in paragraph (A), o r

Section 22 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 11 (ii) if the property is personal property, to an appropriate provincial health agency or provincial health corporation, as determined by and with the approval of the oversight Minister, o r (

c) if there is no successor foundation and no appropriate provincial health agency or provincial health corporation, to another person in Alberta that (

i) is a registered charity or qualified donee under the Income Tax Act (Canada), and (ii) has objects or purposes similar to the purposes of the health foundation being wound up, as determined by the oversight Minister. Prohibition on establishing health foundations or incorporating organizations 22(1) The HSS Provincial Health Corporation must not establish a health foundation except in accordance with this Regulation.

(2) The HSS Provincial Health Corporation must not incorporate an organization for the purpose of raising funds other than a health foundation. Division 2 Specific Health Foundations Alberta Cancer Foundation 23 Notwithstanding

section 3, the purposes of the Alberta Cancer Foundation are to raise funds for the purposes of advancing (

a) the prevention, detection and diagnosis of cancer, (

b) the treatment and care of cancer patients, and (

c) cancer research. University Hospital Foundation 24(1) In this section, “administrator” means administrator as defined in

section 1.9761 of the Act.

(2) Notwithstanding sections 6 and 7, the members of the University Hospital Foundation consist of the following persons:

Section 24 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 12 (

a) one or more administrator s of the health services sectors in the approved hospitals commonly known as the University of Alberta Hospitals, as determined by the chair of the HSS Provincial Health Corporation; (

b) the dean of the Faculty of Medicine & Dentistry at the University of Alberta; (

c) one member appointed by the HSS Provincial Health Corporation; (

d) one member of the public who is not a member of a provincial health agency or provincial health corporation and who is elected by the other members; (

e) at least 6 other persons elected by the other members.

(3) Except for a person referred to in subsection (2)(

a) or (b), no person who is a member of the hospital staff of the University of Alberta Hospitals is eligible to be a member of the University Hospital Foundation.

(4) Notwithstanding

section 10, a person who is not ordinarily resident in Alberta is eligible to be a member of the University Hospital Foundation.

(5) A majority of the members of the University Hospital Foundation must be ordinarily resident in Alberta.

(6) Subject to subsection (7),

section 12(1)(

b) does not apply to the University Hospital Foundation.

(7) If the HSS Provincial Health Corporation or University Hospital Foundation is of the opinion that it is necessary to terminate the term of a member who is not ordinarily resident in Alberta to ensure the University Hospital Foundation continues to comply with subsection (5), (

a) the HSS Provincial Health Corporation may, by written notice, terminate the appointment of the member referred to in subsection (2)(c), or (

b) the University Hospita l Foundation may, by written notice, terminate the term of a member referred to in subsection (2)(

d) or (e).

Section 25 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 13 Division 3 Transitional Provisions

Definitions 25 In this Division, (a) “continued foundation” means a continued foundation as defined in the Regional Health Authorities Foundations Regulation (AR 28/2007); (b) “deemed establishing bylaws” means the bylaws deemed under

section 27 to be the establishing bylaws of a successor health foundation; (c) “former continued foundation” means a continued foundation that was in existence immediately before the coming into force of this section; (d) “former regional foundation” means (

i) a regional foundatio n that was in existence immediately before the coming into force of this section, or (ii) the Alberta Cancer Foundation; (e) “former regulation” means (

i) t h e Regional Health Authorities Foundations Regulation (AR 28/2007), with respect to a former regional foundation referred to in clause (d)(

i) or a former continued foundation, or (ii) the Alberta Cancer Foundation Regulation (AR 70/2009), with respect to the Alberta Cancer Foundation; (f) “regional foundation” means a regional foundation as defined in the Regional Health Authorities Foundations Regulation (AR 28/2007); (g) “successor health founda tion” means, with respect to a former regional foundation or former continued foundation, the health foundation that the former regional foundation or former continued foundation was continued as under

section 26. Transition to health foundations 26(1) All former regional foundations are continued as health foundations under

section 1.951(2)(

a) of the Act.

Section 27 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 14

(2) All former continued foundations are continued as health foundations under

section 1.951(2)(

b) of the Act.

(3) The Alberta Cancer Foundation is continued as a health foundation under

section 1.951(2)(

c) of the Act. Deemed establishing bylaws 27(1) The bylaws establishing a former regional foundation that were in force immediately before the coming into force of this

section are deemed to be the establishing bylaws of the successor health foundation.

(2) The bylaws of a former continued foundation that were in force immediately before the coming into force of this

section that address the matters referred to in

section 4(1) are deemed to be the establishing bylaws of the successor health foundation.

(3) If, on the coming into force of this section, a former continued foundation does not have bylaws addressing the matters referred to in

section 4(1), (

a) the HSS Provincial Health Corporation shall make bylaws for the successor health foundation that address the matters referred to in

section 4(1), taking into account any other existing bylaws of the former continued foundation, and (

b) the bylaws made under clause (

a) are deemed to be the establishing bylaws of the successor health foundation. Amendment of deemed establishing bylaws 28(1) By December 31, 2026, a successor health foundation must submit to the chair of the HSS Provincial Health Corporation (

a) the deemed establishing bylaws, and (

b) the information required by the HSS Provincial Health Corporation to amend the deemed establishing bylaws for the purposes of bringing the bylaws into compliance with this Regulation.

(2) On receiving the documents and information referred to in subsection (1), the HSS Provincial Health Corporation shall amend the deemed establishing bylaws.

(3) Section 4(3) does not apply with respect to deemed establishing bylaws amended under this section.

Section 29 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 15

(4) If a successor health foundation fails to submit the documents and information required under subsection (1), the oversight Minister may order the winding-up of the affairs of the successor health foundation on the request of the HSS Provincial Corporation. AR 295/2025 s28;114/2026 Deemed health foundation bylaws 29(1) In this section, “operational bylaws” means the operational bylaws of a former regional foundation or former continued foundation that were (

a) made under the appli cable former regulation, and (

b) in force immediately before the coming into force of this section.

(2) The operational bylaws of a former regional foundation are deemed to be the health foundation bylaws of the successor health foundation.

(3) The operational bylaws of a former continued foundation that address matters other than those referred to in

section 4 are deemed to be the health foundation bylaws of the successor health foundation. Members and participants 30(1) A voting member of a former regional foundation or a former continued foundation continues as a member of the successor health foundation until the later of the following: (

a) the expiry of the voting member’s term under the former regulation; (b) 90 days after the date on which the deemed establishing bylaws are amended under

section 28(2).

(2) The HSS Provincial Health Corporation must appoint the member referred to in

section 6(2)(

a) as soon as practicable after the deemed establishing bylaws are amended under

section 28(2).

(3) A non-voting member of a former regional foundation or former continued foundation continues as a participant of the successor health foundation. Members — University Hospital Foundation 31(1) A voting member of the University Hospital Foundation referred to in

section 7(2)(c), (

d) or (

e) of the former regulation

Section 32 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 16 referred to in

section 25(e)(

i) continues as a member of the University Hospital Foundation until the later of the following: (

a) the expiry of the voting member’s term under the former regulation; (b) 90 days after the date on which the deemed establishing bylaws are amended under

section 28(2).

(2) The HSS Provincial Health Corporation must appoint the member referred to in

section 24(2)(

c) as soon as practicable after the deemed establishing bylaws are amended under

section 28(2).

Part 2 Hospital Foundations Division 1 Hospital Foundations

Definitions 32 In this Part, (a) “establishing bylaws” mea ns, with respect to a hospital foundation, the bylaws establishing the hospital foundation made by a hospital foundation operator in accordance with

section 33; (b) “hospital foundation” means (

i) a hospital foundation established by a hospital foundation operator in accordance with

section 1.97699992(1) of the Act and this Part, or (ii) a foundation continued as a hospital foundation under Division 2; (c) “hospital foundation bylaws ” means the bylaws made by a hospital foundation under

section 39; (d) “hospital foundation operat or” means a hospital operator other than a provincial health agency or provincial health corporation; (e) “member” means a member of a hospital foundation. Establishment of hospital foundation 33(1) A hospital foundation operator may establish a hospital foundation for the purposes of

Section 34 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 17 (

a) soliciting and receiving by gift, bequest, devise, transfer or otherwise, property of every nature and description, (

b) subject to any prior trust conditions imposed on the use o f the property, holding, using and administering the property generally (

i) to maintain and enhance the delivery to the community served by the approved hospital of hospital services in the health services sector in the approved hospital, and (ii) to finance or assist in the financing of the construction, equipping, operation, maintenance and management of the health services sector in the approved hospital or its facilities, a n d (

c) furthering health care edu cation in the community served by the approved hospital.

(2) A bylaw establishing a hospital foundation has no effect until a certified copy of the establishing bylaw is filed with the oversight Minister.

(3) A hospital foundation operator must not establish a hospital foundation except in accordance with this Regulation. Corporate status 34(1) A hospital foundation is a corporation consisting of its members.

(2) A hospital foundation is not a trust corporation for the purposes of the Loan and Trust Corporations Act. Members 35(1) The members of a hospital foundation consist of the following persons: (

a) the chair of the hospital foundation operator; (b) 4 members appointed by the hospital foundation operator as follows: (i) 2 members of the hospital foundation operator;

Section 36 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 18 (ii) 2 members of the public w ho are residents of Alberta and who are not members of the hospital foundation operator or hospital staff.

(2) The members must designate a chair from among themselves.

(3) A member is not entitled to be paid a dividend or to be remunerated for acting as a member.

(4) A member may be reimbursed out of the funds of the hospital foundation in accordance with the hospital foundation bylaws for travelling and living expenses that are necessarily incurred by the member in the performance of the member’s duties. Term of members 36(1) The term of a member appointed under

section 35(1)(

b) must not exceed 3 years.

(2) A member appointed under

section 35(1)(

b) is eligible to be reappointed for additional terms. Residency requirement for members 37 A person is not eligible to be appointed as a member of a hospital foundation unless the person is ordinarily resident in Alberta. Termination of members 38 A hospital foundation operator may, by written notice, terminate the appointment of a member if the member ceases to meet any of the qualifications or other eligibility requirements set out in the establishing bylaws. Hospital foundation bylaws 39(1) A hospital foundation must make bylaws respecting the general conduct, operation and management of the hospital foundation, including bylaws respecting the reimbursement of expenses under

section 35(4).

(2) Hospital foundation bylaws must be consistent with the Act, this Regulation and the establishing bylaws. Fiscal year 40 The fiscal year of a hospital foundation is April 1 to the following March

Section 41 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 19 Annual meeting 41 A hospital foundation must meet at least annually on a date determined in accordance with the hospital foundation bylaws or on a date set by the chair of the hospital foundation. Annual report 42(1) Not later than July 31 following the end of a fiscal year, a hospital foundation must provide to the oversight Minister an annual report on its activities for the previous fiscal year that contains (

a) the audited financial statements for the previous fiscal year, and (

b) any other information required by the oversight Minister by notice in writing to the hospital foundation.

(2) The oversight Minister may, by notice in writing to a hospital foundation, require that the annual report, financial statements and information referred to in subsection (1)(

b) be provided in the form, at the time and with the content specified by the oversight Minister.

(3) A hospital foundation must provide to the oversight Minister its financial statements for the previous fiscal year, as approved by its members, not later than June 15 following the end of that fiscal year. Transfer of property by hospital foundation 43 A hospital foundation may, subject to any prior trust conditions, transfer its property as follows: (

a) if the property is real property, (

i) to the Minister responsible for the Real Property Governance Act if the Minister accepts the offer to transfer the property under

section 7 of that Act, or (ii) to the hospital foundatio n operator if the Minister responsible for the Real Property Governance Act decides not to accept an offer referred to in subclause (i); (

b) if the property is personal property, to the hospital foundation operator.

Section 44 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 20 Transfer of property by hospital foundation operator 44(1) A hospital foundation operator must not transfer any of its property to a hospital foundation except in accordance with this section.

(2) A hospital foundation operator may, if it takes all reasonable steps to ensure compliance with any existing trust conditions, transfer to a hospital foundation any property received by the hospital foundation operator by means of bequest, donation or other gift.

(3) Subject to any direction given by the oversight Minister under subsection (4), a hospital foundation operator may (

a) make repayable advances to a hospital foundation, or (

b) provide a non-monetary subsidy to a hospital foundation if the hospital foundation operator expects to receive benefits from the hospital foundation that exceed the value of the subsidy.

(4) The oversight Minister may give directions in writing to a hospital foundation operator respecting the matters referred to in subsection (3).

(5) If a hospital foundation operator provides a non-monetary subsidy to a hospital foundation under subsection (3)(b), it must advise the hospital foundation of the value of the subsidy not later than 21 days following the end of the hospital foundation operator’s fiscal year.

(6) A hospital foundation operator may transfer any property to a hospital foundation in circumstances not referred to in this

section if the hospital foundation operator receives fair value in exchange for the transfer of the property. Winding-up of hospital foundations 45(1) The oversight Minister may order the winding-up of the affairs of a hospital foundation (

a) on the request of the hospital foundation, (

b) on the request of the hospital operator, (

c) if the hospital foundation contravenes the Act, a regulation made under the Act or an order or direction of the oversight Minister, (

d) if the oversight Minister is satisfied that the hospital foundation is inactive,

Section 45 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 21 (

e) if the oversight Minister is satisfied that the hospital foundation is not carrying out its purposes, or (

f) if the hospital foundatio n operator ceases to exist.

(2) The affairs of a hospital foundation must not be wound up except by an order of the oversight Minister.

(3) If the oversight Minister orders the winding-up of the affairs of a hospital foundation, (

a) the oversight Minister must, subject to subsections (4) and (5), carry out the activities that the oversight Minister considers necessary to wind up the affairs of the hospital foundation, (

b) all powers conferred on the hospital foundation are transferred to and vested in the oversight Minister to the extent necessary to carry out the activities referred to in clause (a), and (

c) the members may not exercise any of their powers except in accordance with the direction of the oversight Minister.

(4) For the purposes of winding up the affairs of a hospital foundation, the property of the hospital foundation must be used in the following order: (

a) to pay any costs incurred in the winding-up of the hospita l foundation; (

b) to discharge all liabilities of the hospital foundation; (

c) to give effect, as far as possible, to any outstanding applicable trust conditions.

(5) Any property of the hospital foundation remaining after the actions in subsection (4) have been completed must be transferred, (

a) if, in the opinion of the oversight Minister, there is a successor foundation, to the successor foundation, (

b) if there is n o successor foundation, to the hospital foundation operator for the benefit of any facilities or programs formerly benefitted by the hospital foundation, or (

c) if there is no successor foundation and either no facilities or programs referred to in clause (

b) or the hospital foundation operator no longer exists or is no longer functioning, to another person in Alberta that

Section 46 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 22 (

i) is a registered charity or qualified donee under the Income Tax Act (Canada), and (ii) has objects or purposes similar to the purposes of the hospital foundation being wound up, as determined by the oversight Minister. Prohibition on operating foundations to benefit hospitals, etc. 46 A person shall not operate a foundation or other corporation to raise funds to benefit an approved hospital, hospital operator or community that is not a hospital foundation unless exempted by the oversight Minister, subject to any terms and conditions the oversight Minister prescribes. AR 295/2025 s46;114/2026 Division 2 Transitional Provisions

Definitions 47 In this Division, (a) “former foundation” means a foundation continued as a hospital foundation under

section 48; (b) “successor hospital foundatio n” means, with respect to a former foundation, the hospital foundation that the former foundation was continued as under

section 48. Transition to hospital foundations 48(1) The following foundations are continued as hospital foundations under

section 1.97699992(2)(

b) or (

c) of the Act: (

a) Alberta Children’ s Hospital Foundation; (

b) Bonnyville Health Foundation; (

c) Covenant Foundation; (

d) Killam and District Health Care Foundation; (

e) Our Lady of the Rosary Hospital Foundation; (

f) The Royal Alexandra Hospitals Foundation; (

g) St. Mary’s Hospital, Camrose Foundation; (

h) St. Mary’s Trochu Foundation.

Section 49 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 23

(2) The continuation of the Alberta Children’s Hospital Foundation as a hospital foundation does not affect its status under the Societies Act.

(3) The continuation of The Royal Alexandra Hospitals Foundation as a hospital foundation does not affect its status under the Companies Act. Exemptions 49(1) In this section, (a) “former Act” means (

i) Part 4 of the Hospitals Act, RSA 2000 cH-12, or (ii) the Provincial General Hospitals Act, RSA 1980 cP-21; (b) “original exemption” means an exemption granted with respect to a former foundation under a former Act.

(2) Subject to subsection (3), an original exemption is continued and applies to the successor hospital foundation to the same extent and subject to the same terms and conditions prescribed by the Minister in the original exemption.

(3) The oversight Minister may amend the original exemption to (

a) exempt a successor hospital foundation from the application of all or part of this Regulation or another regulation made under the Act and prescribe related terms and conditions, or (

b) make other necessary changes to the original exemption or the terms and conditions to which the original exemption was subject.

(4) During the period beginning on the coming into force of this

section and ending on the date the oversight Minister amends the original exemption under subsection (3), a successor hospital foundation is exempt from the application of Division 1 of

Part 2 and any other regulation made under the Act to the extent Division 1 of

Part 2 or the other regulation conflicts with the original exemption. AR 295/2025 s49;114/2026 Deemed hospital foundation bylaws 50 The bylaws of a former foundation are deemed to be the hospital foundation bylaws of the successor hospital foundation.

Section 51 AR 295/2025 HEALTH AND HOSPITAL FOUNDATIONS REGULATION 24 Members and chair 51(1) A trustee of a former foundation continues as a member of the successor hospital foundation.

(2) The trustee appointed as the chair of a former foundation continues as the chair of the successor hospital foundation.

Part 3 Repeals, Expiry and Coming into Force Repeals 52(1) The Alberta Cancer Foundation Regulation (AR 70/2009) is repealed.

(2) The Regional Health Authorities Foundations Regulation (AR 28/2007) is repealed. Expiry 53 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 31, 2035. Coming into force 54 This Regulation comes into force on the coming into force of

section 45(15) of the Health Statutes Amendment Act, 2025.

Printed on Recycled Paper *9780779862825*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 295/2025
Type	regulation
Volume / chapter	2025 295
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	1bf19e5a0a6cfd8f29a252beb89f89ef3918f793

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