Provincial Health Agencies Regulation (Alta. Reg. 15/1995)

Alta. Reg. 15/1995

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 58/2026) ALBERTA REGULATION 15/95 Provincial Health Agencies Act PROVINCIAL HEALTH AGENCIES REGULATION Table of Contents 1

Definitions 1 . 1 Fiscal year 2 B y l a w s 2 . 1 Approval of borrowing and capital leasing 2 . 2 Borrowing powers and restrictions 2 . 4 Investment of funds 2.41 Investment management services 2.42 Transfer of investment management services 2 . 5 Other limitations 2 . 5 1 Joint venture agreement 2 . 6 Acquisition and disposal of land 2 . 6 1 Demolition of facilities or structures 2 . 6 2 Capitalized assets and equipment 2 . 7 Capital development projects 2 . 7 1 Transfer of property or assets 2 . 8 Ancillary operations 2 . 9 Surplus and deficit 2.901 Operating deficit dur ing winding up of regional health authority 2 . 9 1 Charitable annuities 2 . 9 2 Organizational meeting 4 Minutes of meetings 6 Exemption re Land Titles fees 7 Auditor 8 Terms and conditions 10 E x p i r y

Definitions 1 In this Regulation, (a) “directive” means a directiv e referred to in

section 8(1)(

a) or (

b) of the Act; (a.1) repealed AR 58/2026 s2;

Section 1.1 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 2 (b) “joint venture agreement” means an agreement for a specific business purpose where the parties to the agreement jointly control and contribute to the accomplishment of the business purpose. AR 15/95 s1;167/95;275/96;275/96;127/2002;124/2024; 215/2024;197/2025;237/2025;296/2025;58/2026 Fiscal year 1.1 The fiscal year of a provincial health agency or regional health authority is from April 1 to March 31. AR 167/95 s2;124/2024 Bylaws 2(1) In this section, “bylaw” means a bylaw made under subsection (2), (3) or (4).

(2) A provincial health agency or regional health authority may make bylaws respecting the general conduct, operation and management of the provincial health agency or regional health authority, including bylaws respecting (

a) the calling of meetings and the conduct of business at meetings, (

b) the powers, duties and functions of the officers of the provincial health agency or regional health authority, (

c) the appointment, removal, powers, duties, functions, remuneration and benefits of employees of the provincial health agency or regional health authority, and (

d) the establishment, membership, duties and functions of special, standing and other committees of the members of the provincial health agency or regional health authority.

(3) A provincial health agency or regional health authority shall make bylaws respecting debt, guarantees, indemnities and capital leasing by the provincial health agency or regional health authority that include the following: (

a) the maximum total amount of outstanding debt obligations, guarantee obligations, indemnity obligations and capital lease obligations that the provincial health agency or regional health authority is permitted to incur, with separate totals shown for (

i) with respect to capital asset purposes, (

A) the maximum permitted debt obligations, and

Section 2 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 3 (

B) the maximum permitted capital leasing obligations, (ii) with respect to working capital purposes, (

A) the maximum permitted debt obligations, and (

B) the maximum permitted debt available through lines of credit, a n d (iii) the maximum potential lia bility that may be incurred through guarantees and indemnities; (

b) terms and conditions respecting debt transactions, guarantee transactions, indemnity transactions and capital leasing transactions between the provincial health agency or regional health authority and persons and entities in respect of which it is not dealing at arm’s length; (

c) disclosure requirements i n respect of the transactions referred to in clause (b); (

d) the means by which and the time within which the provincial health agency or regional health authority will bring itself into compliance with the requirements of the bylaws and this Regulation respecting debt, guarantees, indemnities and capital leasing, where the provincial health agency or regional health authority is not in compliance with those requirements on the effective date of the bylaws; (

e) any other information required by the sector Minister by notice in writing to the provincial health agency or regional health authority.

(4) Subject to

section 2.4(1), a provincial health agency or regional health authority shall make bylaws respecting the investment powers of the provincial health agency or regional health authority that include the following: (

a) the types of investments that the provincial health agency or regional health authority is authorized to invest in; (

b) limits on the amounts that may be invested in particular types of investments; (

c) terms and conditions respecting investment transactions with persons and entities in respect of which the provincial health agency or regional health authority is not dealing at arm’s length;

Section 2 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 4 (

d) disclosure requirements i n respect of the transactions referred to in clause (c); (

e) the means by which and the time within which the provincial health agency or regional health authority will bring itself into compliance with the requirements of the bylaws and this Regulation respecting investments, where the provincial health agency or regional health authority is not in compliance with those requirements on the effective date of the bylaws; (

f) any other information required by the sector Minister by notice in writing to the provincial health agency or regional health authority.

(5) Bylaws have no effect until they are approved in writing by the sector Minister.

(6) When bylaws are submitted to the sector Minister for approval, the sector Minister may (

a) approve the bylaws as submitted, or (

b) refer the bylaws back to the provincial health agency or regional health authority with directions to make changes.

(7) Bylaws that are referred back to a provincial health agency or regional health authority under subsection (6)(

b) must be resubmitted as directed by the sector Minister. (8) Subsection (6) applies to bylaws that are resubmitted to the sector Minister.

(9) The oversight Minister or sector Minister may issue a directive requiring a provincial health agency or regional health authority to amend or repeal its bylaws in accordance with that directive.

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

(11) A provincial health agency or regional health authority shall comply with its bylaws.

(12) When a provincial health agency is established, the sector Minister shall determine the time within which the provincial health agency is required to submit its bylaws to the sector Minister. AR 15/95 s2;167/95;190/96;150/2019;124/2024

Section 2.1 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 5 Approval of borrowing and capital leasing 2.1(1) Except for borrowing transactions made on a line of credit, each transaction of a provincial health agency or regional health authority relating to debt, guarantees, indemnities or capital leasing must be approved in advance of the transaction by (

a) the sector Minister, and (

b) the provincial health agency or regional health authority.

(1.1) The transaction must (

a) be approved by resolution of the provincial health agency or regional health authority and recorded in the minutes of the meeting at which the resolution was approved, or (

b) in the case of a provincial health agency consisting of one member, be approved and recorded in a decision of the provincial health agency.

(2) The minutes must contain the following: (

a) in the case of a debt obligation, the maximum amount of money to be borrowed and the purposes for which the money is to be borrowed; (

b) in the case of an i ndemnity or guarantee, (

i) the maximum amount of the potential liability of the provincial health agency or regional health authority under the indemnity or guarantee, (ii) the purpose for which the indemnity or guarantee is given, and (iii) the terms and conditions of the indemnity or guarantee; (

c) in the case of a capital leas ing transaction, the purpose for entering into the capital leasing transaction and the value of the assets that will be leased; (

d) the terms and conditions of repayment of the debt obligation or the payment under the capital leasing obligation; (

e) the source of the money from which the debt obligation or the payments under the capital leasing obligation will be paid; (

f) the source of the money from which potential liability on indemnities and guarantees will be paid;

Section 2.2 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 6 (

g) the nature of the involvement in the transaction of any person or entity in respect of which the provincial health agency or regional health authority is not dealing at arm’s length. AR 167/95 s2;124/2024;215/2024;197/2025 Borrowing powers and restrictions 2.2(1) No provincial health agency or regional health authority shall borrow for the purpose of financing the purchase of securities within the meaning of the Securities Act.

(2) Repealed AR 190/96 s2.

(3) Where a provincial health agency or regional health authority borrows for the purposes of acquiring or constructing a capital asset, the repayment term of the loan must not exceed the estimated useful life of the capital asset. (4) Subsection (3) does not apply to the acquisition of land without improvements.

(5) No provincial health agency or regional health authority shall borrow for the purpose of financing an ancillary operation as defined in

section 2.8 unless the following conditions are met: (

a) the estimated net revenue t o be generated by the ancillary operation must be at least equal to the amount to be repaid under the borrowing; (

b) no property other than property wholly used or to be used in the ancillary operation may be given as security for the repayment of the loan.

(6) A provincial health agency or regional health authority that borrows shall determine the risks of interest rate and foreign exchange rate fluctuations in respect of that borrowing and may enter into a transaction in respect of (

a) a swap or forward contract, or (

b) the purchase of financial futures or options, only if the purpose of the transaction is to offset or reduce the risk of interest rate or foreign exchange rate fluctuations associated with liabilities in respect of the borrowing.

(6.1) A transaction referred to in subsection (6) must (

a) be approved in advance of th e transaction by resolution of the provincial health agency or regional health authority and recorded in the minutes of the meeting at which the resolution was approved, or

Section 2.4 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 7 (

b) in the case of a provincial health agency consisting of one member, be approved by the provincial health agency in advance of the transaction and recorded in a decision of the provincial health agency.

(6.2) A provincial health agency or regional health authority that enters into a transaction referred to in subsection (6) shall establish policies and procedures to measure and monitor the risks of such transactions.

(7) Where a provincial health agency or regional health authority enters into a transaction referred to in

section 2.1(1) or establishes or amends a line of credit it shall disclose to all parties to the transaction that the Crown is not obligated to pay any debt obligations of the provincial health agency or regional health authority except where the Crown has specifically assumed such an obligation. AR 167/95 s2;190/96;150/2019;124/2024;215/2024 2.3 Repealed AR 150/2019 s4. Investment of funds 2.4(1) A provincial health agency or regional health authority shall adhere to prudent investment standards in making investment decisions.

(2) For the purposes of subsection (1), prudent investment standards are those that, in the overall context of an investment portfolio, a reasonably prudent person would apply to investments made on behalf of another person with whom there exists a fiduciary relationship to make those investments, without undue risk of loss or impairment and with a reasonable expectation of fair return or appreciation.

(3) A provincial health agency or regional health authority shall establish a statement of investment policies and goals that complies with subsection (1) and the bylaws made under

section 2(4).

(4) A provincial health agency or regional health authority shall ensure that its funds are invested in accordance with the statement of investment policies and goals. AR 150/2019 s5;124/2024 Investment management services 2.41(1) A provincial health agency or regional health authority is a designated entity under

section 6(1) of the Alberta Investment Management Corporation Act in respect of its funds.

Section 2.42 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 8

(2) Subject to subsections (4) and (5), a provincial health agency or regional health authority shall, through an investment management agreement, (

a) engage Alberta Investment Management Corporation as the exclusive provider to the provincial health agency or regional health authority of investment management services in respect of its funds, and (

b) ensure that all investments of its funds are managed by Alberta Investment Management Corporation.

(3) The investment management agreement of a provincial health agency must take effect no later than 6 months after the date on which the provincial health agency is established or such later date as set by order of the President of Treasury Board and Minister of Finance.

(4) A provincial health agency or regional health authority may exclude investments of its funds from an investment management agreement under subsection (2) if the funds invested are reasonably required to meet the provincial health agency’s or regional health authority’s expected current liabilities and operating expenses.

(5) The President of Treasury Board and Minister of Finance may by order authorize a provincial health agency or regional health authority to exclude from an investment management agreement under subsection (2), for a fixed or an indefinite period of time, specific investments or classes of investments of its funds but such investments must not make up more than 10% of the total value of the provincial health agency’s or regional health authority’s investments at the time the order is made, excluding investments made under subsection (4). AR 150/2019 s5;124/2024 Transfer of investment management services 2.42(1) Subject to

section 2.41(4) and (5), a regional health authority shall, in conjunction with Alberta Investment Management Corporation, establish as soon as possible, but no later than December 31, 2020, a plan to transfer the management of the following investments to Alberta Investment Management Corporation: (

a) investments made by the regional health authority itself; (

b) investments made by or through any other person.

(2) For the purposes of

section 2.41(2)(b), a regional health authority shall transfer the management of the investments referred to in subsection (1) as soon as possible after the parties enter into

Section 2.5 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 9 an investment management agreement and in any case no later than December 31, 2021.

(3) The President of Treasury Board and Minister of Finance may by order, subject to any terms and conditions that the President of Treasury Board and Minister of Finance considers appropriate, (

a) extend a deadline referred to in subsection (1) or (2), or (

b) direct a regional health authority to transfer the management of any investments referred to in subsection (1) to Alberta Investment Management Corporation if (

i) the parties fail to establish a plan under subsection (1), or (ii) in the opinion of the President of Treasury Board and Minister of Finance, the parties fail to make sufficient progress towards the transfer of the management of investments under subsection (2). AR 150/2019 s5 Other limitations 2.5(1) Subject to this section, no provincial health agency or regional health authority shall give an indemnity or guarantee with respect to the obligations of another person.

(2) A provincial health agency or regional health authority may give an indemnity or guarantee with respect to the obligations of a subsidiary health corporation of the provincial health agency or regional health authority.

(3) A provincial health agency or regional health authority shall ensure that its potential liability under an indemnity or guarantee under subsection (2) does not exceed the lesser of (

a) the value of the provincial health agency’s or regional health authority’s equity investment in the subsidiary, and (

b) an amount determined by multiplying the provincial health agency’s or regional health authority’s percentage ownership of the subsidiary times the total debt obligations of the subsidiary.

(3.1) Subject to the prior approval of the sector Minister as to the terms and conditions of indemnity, Alberta Health Services is authorized to enter into an agreement with the City of Calgary to indemnify the City of Calgary with regard to the Seton Tunnel, located adjacent to the South Health Campus, under 45 St. S.E.

Section 2.51 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 10

(4) Section 124 of the Business Corporations Act applies in respect of a provincial health agency or regional health authority.

(5) A provincial health agency or regional health authority may indemnify its members and employees and former members and employees, and for that purpose

section 124 of the Business Corporations Act applies and shall be interpreted as if references to directors and officers of the corporation were references to members and employees of the provincial health agency or regional health authority.

(6) Repealed AR 275/96 s3. AR 167/95 s2;275/96;127/2002;115/2012;124/2024;215/2024 Joint venture agreement 2.51 A provincial health agency or regional health authority that enters into a joint venture agreement shall ensure that the provincial health agency’s or regional health authority’s financial commitment in the agreement is clearly specified in the agreement or can be determined from the terms and conditions of the agreement. AR 167/95 s2;124/2024 Acquisition and disposal of land 2.6 No provincial health agency or regional health authority shall (

a) enter into an agreement for the purchase or lease of an interest in land, or (

b) dispose of an interest in land without the prior written approval of the sector Minister. AR 167/95 s2;124/2024;58/2026 Demolition of facilities or structures 2.61 No provincial health agency or regional health authority shall, without the consent of the Minister who issues a directive for the purposes of this section, demolish a facility or structure used for the delivery of health services or for related purposes if the facility or structure has a value in excess of the amount specified by the oversight Minister or sector Minister in the directive.

AR 167/95 s2;124/2024;197/2025 Capitalized assets and equipment 2.62 Where a provincial health agency or regional health authority acquires or disposes of

Section 2.7 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 11 (

a) a capitalized asset, other t han an interest in land, or (

b) equipment, it shall do so in accordance with written policies and rules issued by the sector Minister. AR 167/95 s2;124/2024;197/2025 Capital development projects 2.7(1) No provincial health agency or regional health authority shall, without the written approval of the Minister who issues a directive for the purposes of this section, enter into a capital development project that has a value in excess of the amount specified by the oversight Minister or sector Minister in the directive.

(2) A provincial health agency or regional health authority that enters into a capital development project referred to in subsection (1) shall comply with written policies and rules issued by the sector Minister. AR 167/95 s2;124/2024;197/2025;58/2026 Transfer of property or assets 2.71(0.1) In this section, “foundation” means (

a) a health foundation as defined in

Part 1 of the Health and Hospital Foundations Regulation (AR 295/2025), (

b) a hospital foundation as defined in

Part 2 of the Health and Hospital Foundations Regulation (AR 295/2025), or (

c) a foundation or other corporation with respect to which an exemption has been granted under

section 46 of the Health and Hospital Foundations Regulation (AR 295/2025).

(1) Subject to this section, no provincial health agency or regional health authority shall confer a benefit on or transfer property or assets to any person unless the provincial health agency or regional health authority receives fair market value in exchange for the benefit or transfer. (1.1) Subsection (1) does not apply to the conferral of a benefit or the transfer of property or assets by a transitional order.

(2) Subject to any directive, a provincial health agency or regional health authority may make repayable advances to a foundation.

(3) A provincial health agency or regional health authority, if it takes all reasonable steps to ensure compliance with any existing

Section 2.8 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 12 trust conditions, may transfer property received by means of a bequest, donation or other gift 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 foundation if the M inister 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 a foundation.

(4) Subject to any directive, a provincial health agency or regional health authority may provide a non-monetary subsidy to a foundation if the provincial health agency or regional health authority expects to receive benefits from the foundation that exceed the value of the non-monetary subsidy.

(5) A provincial health agency or regional health authority that provides a non-monetary subsidy to a foundation shall advise the foundation of the value of the subsidy within 21 days after the end of the fiscal year of the provincial health agency or regional health authority.

(6) Notwithstanding subsection (1), but subject to any directive, a provincial health agency or regional health authority may transfer supplies to a third party, without charge, if the provincial health agency or regional health authority determines that the transfer is required to protect the public health and may lessen the impact of COVID-19. AR 167/95 s2;275/96;163/2020;62/2021;10/2022;124/2024; 197/2025;58/2026 Ancillary operations 2.8(1) In this section, (a) “ancillary operation” means the sale of goods and services that are unrelated to (

i) the direct performance of activities by a provincial health agency for the purposes of carrying out the responsibilities set out in

section 1.95 of the Act, or (ii) the direct performance of activities by a regional health authority for the purposes of carrying out the responsibilities set out in

section 5 of the Act; (b) “health system participants” means

Section 2.8 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 13 (

i) persons in direct receipt o f health services delivered by the provincial health agency or regional health authority; (ii) subsidiary health corporations, persons or entities with whom the provincial health agency or regional health authority has a joint venture agreement and community health councils; (iii) health service providers; (iv) other persons or entities as determined by the sector Minister.

(2) The sector Minister shall notify a provincial health agency or regional health authority in writing of any persons or entities the sector Minister determines to be health system participants under subsection (1)(b)(iv).

(3) A provincial health agency or regional health authority may engage in an ancillary operation itself or through a subsidiary health corporation or joint venture agreement, and a reference in this

section to an ancillary operation includes an ancillary operation engaged in by any of those means.

(4) No provincial health agency or regional health authority shall engage in an ancillary operation without the prior written approval of the sector Minister. (5) Subsection (4) does not apply in respect of an ancillary operation that was being engaged in by a regional health authority and that is transferred to a provincial health agency by a transitional order.

(6) A provincial health agency or regional health authority may market ancillary operations to other provincial health agencies or regional health authorities and to provincial health corporations.

(7) A regional health authority shall ensure that the majority of the business activity related to an ancillary operation takes place within the health region.

(8) A provincial health agency or regional health authority shall ensure that the majority of the business activity related to an ancillary operation is marketed to health system participants.

(9) Where a provincial health agency or regional health authority charges fees in connection with an ancillary operation, it shall do so in accordance with any directives issued by the oversight Minister or sector Minister.

Section 2.9 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 14

(10) Where a provincial health agency or regional health authority engages in an ancillary operation and markets the ancillary operation to non-health system participants, the provincial health agency or regional health authority shall ensure that the fees charged in connection with the ancillary operation include a margin which estimates equivalent market rates for amortization of capital assets, taxes, costs of capital and other direct or indirect costs related to the ancillary operation. (11) Subsections (7), (8) and (10) do not apply in respect of ancillary operations that are marketed to other provincial health agencies or regional health authorities or to provincial health corporations.

(12) The sector Minister may, on the request of a provincial health agency or regional health authority, exempt a provincial health agency or regional health authority from the requirements of subsection (7) or (8) or both.

(13) No provincial health agency or regional health authority shall use (

a) general grants prov ided by the Crown, or (

b) health service fees or charge s that the provincial health agency or regional health authority is authorized to collect to subsidize an ancillary operation unless the money comes from accumulated surplus as defined in

section 2.9(1)(

b) or the sector Minister approves the use of the money for that purpose.

(14) All costs incurred by a provincial health agency or regional health authority in engaging in an ancillary operation must be charged to the ancillary operation.

(15) The oversight Minister or sector Minister may issue a directive requiring a provincial health agency or regional health authority to (

a) cease engaging in an ancillary operation, or (

b) comply with the terms and conditions specified in the directive in respect of an ancillary operation in which the provincial health agency or regional health authority is engaged. AR 167/95 s2;124/2024;215/2024;197/2025 Surplus and deficit 2.9(1) In this section, (a) “accumulated deficit” means a negative amount when

Section 2.9 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 15 summing the following amounts in the statement of financial position, excluding asset retirement obligations and real property transfer impacts, as shown in the audited financial statements: (

i) the accumulated deficit; (ii) the internally restricted or authority designated net assets; (b) “accumulated surplus” mea ns the sum of the following amounts in the statement of financial position, excluding asset retirement obligations and real property transfer impacts, as shown in the audited financial statements: (

i) the unrestricted or available net assets; (ii) the internally restricted or authority designated net assets; (c) “annual operating defic it” means the negative amount calculated by subtracting (

i) the total expenses for a fiscal year, excluding expenses recognized for asset retirement obligations and real property transfer impacts, as determined in accordance with generally accepted accounting principles and financial directives issued by the oversight Minister or sector Minister, f r o m (ii) the total revenue for a fiscal year, excluding revenue recognized for asset retirement obligations and real property transfer impacts, as determined in accordance with generally accepted accounting principles and financial directives issued by the oversight Minister or sector Minister; (d) “asset retirement obliga tions” means asset retirement obligations within the meaning of

Section PS 3280, Asset Retirement Obligations, of the Public Sector Accounting Standards issued by the Public Sector Accounting Board (August 2018) and included in the CPA Canada Public Sector Accounting Handbook published by the Chartered Professional Accountants of Canada, as amended from time to time; (e) “real property transfer impacts” means the following impacts of the transfer of the real property of a regional health authority to a successor by a transitional order:

Section 2.901 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 16 (

i) the value of the tran sferred real property; (ii) asset retirement obligations related to the transferred real property; (iii) expended or spent external deferred capital contributions related to the transferred real property.

(2) A provincial health agency or regional health authority shall not incur an annual operating deficit.

(3) If, despite subsection (2), a provincial health agency or regional health authority incurs an annual operating deficit, the provincial health agency or regional health authority (

a) shall use the accumulated surplus to offset the deficit, o r (

b) if there is no accumulate d surplus or the accumulated surplus is insufficient, shall provide the sector Minister with a plan, in writing, that is satisfactory to the sector Minister, to eliminate the accumulated deficit within 3 years of it being incurred.

(4) A plan referred to in subsection (3)(

b) must be submitted to the sector Minister within 6 months after the end of the fiscal year.

(5) A provincial health agency or regional health authority may use any portion of the accumulated surplus that is not needed to offset an annual operating deficit for any purpose related to (

a) the delivery of health ser vices or health related services to benefit the residents of Alberta, or (

b) an ancillary operation.

(6) Repealed AR 10/2022 s3.

(7) The funding of an accumulated deficit is the responsibility of the provincial health agency or regional health authority. AR 167/95 s2;127/2002;10/2022;124/2024;58/2026 Operating deficit during winding up of regional health authority 2.901(1) In this section, (a) “accumulated surplus” mea ns accumulated surplus as defined in

section 2.9(1)(b); (b) “asset retirement obliga tions” means asset retirement obligations as defined in

section 2.9(1)(d);

Section 2.901 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 17 (c) “operating deficit”, with respect to a winding-up period, means the negative amount calculated by subtracting (

i) the total expenses for the winding-up period, excluding expenses recognized for asset retirement obligations and real property transfer impacts, as determined in accordance with generally accepted accounting principles and financial directives issued by the oversight Minister or sector Minister f r o m (ii) the total revenue for the winding-up period, excluding revenue recognized for asset retirement obligations and real property transfer impacts, as determined in accordance with generally accepted accounting principles and financial directives issued by the oversight Minister or sector Minister; (c.1) “real property transfer impacts” means real property transfer impacts as defined in

section 2.9(1)(e); (d) “winding-up period”, with respect to the winding up of the affairs of a regional health authority, means the period (

i) beginning on the first day of the fiscal year in which the order made by the oversight Minister under

section 5.02(1) of the Act takes effect, and (ii) ending on the date on which the order made by the oversight Minister under

section 5.02(3) of the Act takes effect.

(2) If a regional health authority incurs an operating deficit during the winding-up period, the oversight Minister may require the regional health authority to use the accumulated surplus to offset the operating deficit before the end of the winding-up period.

(3) If the oversight Minister is of the opinion that a regional health authority will be unable to offset the operating deficit in accordance with subsection (2) before the end of the winding-up period, the oversight Minister may (

a) make an order under

section 5.03 of the Act providing for the transfer of the operating deficit to one or more successors, and (

b) require the successor or su ccessors to provide the sector Minister with a written plan that is satisfactory to the sector Minister to eliminate the operating deficit within 3

Section 2.91 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 18 years after the date on which the order referred to in clause (

a) takes effect. AR 197/2025 s9;58/2026 Charitable annuities 2.91(1) Where a provincial health agency or regional health authority receives a donation of money that is subject to a condition requiring the payment of interest on the money or an annuity to any person, the provincial health agency or regional health authority shall comply with the following: (

a) the provincial health agency or regional health authority shall establish a trust fund and hold the money in the trust fund; (

b) where the condition requires the payment of an annuity, the provincial health agency or regional health authority may (

i) purchase an annuity for the annuitant, or (ii) make the annuity payments out of the trust fund; (

c) where the condition requires the payment of interest, the provincial health agency or regional health authority shall make those payments out of the trust fund; (

d) where the provincial health agency or regional health authority acts under clause (b)(ii) or (c), (

i) the provincial health agency or regional health authority shall not use any of the money for its own purposes until its obligation to make those payments has ended, and (ii) the provincial health agency or regional health authority shall invest the principal amount in one or more of the following: (

A) an interest-bearing account managed by a deposit-taking institution in Canada; (

B) securities that are issued or guaranteed by the Government of Canada or any province, or issued by a deposit-taking institution in Canada, for a term of one year or less; (

C) money market mutual fund units where the investment policy of the fund ensures that at least 90% of the assets of the fund consist of the securities described in paragraph (B);

Section 2.92 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 19 (

D) an account or other arrangement made available by the Crown for the management and pooled investment of cash.

(2) Only the donation and the income earned on the donation may be used to make the payments under subsection (1). AR 167/95 s2;150/2019;124/2024 Organizational meeting 2.92(1) A provincial health agency or regional health authority shall hold an organizational meeting where (

a) the first members of the provincial health agency are appointed under

section 1.93 or 1.94 of the Act or the members of the regional health authority of a newly established health region are appointed, or (

b) more than half of the mem bers of a provincial health agency or regional health authority are replaced at the same time or substantially the same time.

(2) The organizational meeting must be held not later than 15 days after the last of the new appointments referred to in subsection (1)(

a) or the replacement appointments referred to in subsection (1)(

b) are made.

(3) This

section does not apply to a provincial health agency consisting of one member. AR 59/2001 s2;164/2004;124/2024;215/2024 3 Repealed AR 124/2024 s20. Minutes of meetings 4(1) A provincial health agency or regional health authority shall appoint one of its members to be responsible for recording the minutes of meetings of the provincial health agency or regional health authority.

(2) At each meeting the provincial health agency or regional health authority shall adopt the minutes of the previous meeting.

(3) A provincial health agency or regional health authority shall (

a) forward a copy of the adopted minutes to the sector Minister within 7 days after the meeting at which they were adopted, and

Section 6 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 20 (

b) make its adopted minutes available for inspection by the public during normal business hours of the provincial health agency or regional health authority.

(4) A provincial health agency or regional health authority may exclude from minutes made available under subsection (3)(b) (

a) any matter that relates to a meeting or part of a meeting that was held in private, other than a resolution that was passed in respect of the matter, and (

b) any other matter the provincial health agency or regional health authority considers should not be released, because of the confidential nature of the matter.

(5) A provincial health agency or regional health authority shall keep a copy of the minutes of its meetings.

(6) This

section does not apply to a provincial health agency consisting of one member. AR 15/95 s4;124/2024;215/2024 5 Repealed AR 127/2002 s6. Exemption re Land Titles fees 6(1) In this section, “successor” means a successor as defined in

section 5.01 of the Act.

(2) A successor is exempt from any requirement under the Land Titles Act to pay a fee where the transaction, document or other thing to which the fee relates arises during or as a direct result of the winding up of the affairs and dissolution of a regional health authority under Division 2 of

Part 3 of the Act.

(3) A certificate stating that a transaction, document or thing is a transaction, document or thing of the kind described in subsection (2) is conclusive proof of that fact if the certificate purports to be signed by (

a) an officer of the successor , if the successor is a provincial health agency, (

b) an officer of the re gional health authority, (

c) a person designated by th e sector Minister as a person authorized to sign the certificate, if the successor is a sector Minister, or

Section 7 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 21 (

d) a person designated by the oversight Minister as a person authorized to sign the certificate, if the successor is the oversight Minister. AR 15/95 s6;59/2001;124/2024 Auditor 7(1) Where the sector Minister intends to appoint the Auditor General as the auditor for a provincial health agency or regional health authority, the sector Minister shall give at least 90 days’ written notice of the appointment to the provincial health agency or regional health authority.

(1.1) Notwithstanding subsection (1), where the sector Minister intends to appoint the Auditor General as the first auditor of a provincial health agency, the sector Minister shall give written notice of the appointment to the provincial health agency before the date on which the appointment takes effect.

(2) Where the sector Minister appoints the Auditor General as the auditor of a provincial health agency or regional health authority, the appointment of an auditor appointed by the provincial health agency or regional health authority ceases on the earlier of (

a) the expiry of the auditor’s term, (

b) the effective date of the cancellation of the auditor’s appointment by the provincial health agency or regional health authority, and (

c) the effective date of the appointment of the Auditor General as auditor.

(3) Where the sector Minister has appointed the Auditor General as the auditor of a provincial health agency or regional health authority and that appointment is subsisting, the provincial health agency or regional health authority may not appoint an auditor under

section 13(3) of the Act.

(4) The sector Minister may cancel the appointment of the Auditor General as auditor of a provincial health agency or regional health authority on 30 days’ written notice to the provincial health agency or regional health authority.

(5) Where the sector Minister cancels an appointment under subsection (4), the provincial health agency or regional health authority shall appoint an auditor before the end of the fiscal year. AR 167/95 s3;127/2002;124/2024;215/2024;197/2025

Section 8 AR 15/95 PROVINCIAL HEALTH AGENCIES REGULATION 22 Terms and conditions 8 The sector Minister may give any consent or approval that the sector Minister is authorized to give under this Regulation subject to any terms and conditions the sector Minister considers appropriate. AR 167/95 s3;124/2024 9 Repealed AR 124/2024 s25. Expiry 10 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 November 30, 2031. AR 10/2022 s4;124/2024

Printed on Recycled Paper *9780779861392*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 15/1995
Type	regulation
Volume / chapter	1995 015
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	1ef691eb74eaab4aaa8ba79083e8a2d299766955

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