Bill 49 — Second Session, 22Nd Legislature, 39 Elizabedi Ii the Legislative Assembly of Alberta Bill 49 Aivibulance Services Act (Legislature 22, Session 2)

L22 S2 2724

Alberta — Bills

1990 BILL 49 Second Session, 22nd Legislature, 39 Elizabedi II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 49 AIVIBULANCE SERVICES ACT THE MINISTER OF HEALTH Fkst Reading Second Reading Committee of die Whole Thkd Reading Royal Assent

Bill 49 BILL 49 1990 AMBULANCE SERVICES ACT (Assented to , 1990) Table of Contents

Definitions 1 Organization of Ambulance Districts Establishment 2 Ambulance district board 3 Agreements to provide services 4 Powers and duties of a board 5 Requisition of funds 6 Powers of municipalities 7 Requisition in national parks 8 DisestabUshment 9 Dismissal of board members 10 Ambulance Advisory and Appeal Board Establishment 11 Duties of Appeal Board 12 Licensing of Operators Prohibition 13 Registrar 14 Licence application 15 Issuing a licence 16 Authority under licence 17 Suspension in die public interest 18 Revocation, amendment, suspension 19 Appeal 20 Notice of appeal 21 Hearing an appeal 22 Wimesses 23 Civil contempt proceedings 24 Decision on appeal 25

General Definition 26 Inspection of place 27 Removal of records 28 AppUcation to court 29 Information 30 Vicarious Uability 31 Ministerial powers 32 Ambulance attendants 33 LiabiUty for payment 34 Offences 35 Regulations 36 Transitional 37 City of Edmonton 38 Consequraitial 39 Coming into force 40 HER MAJESTY, by and witii die advice and consent of die Legislative Assembly of Alberta, enacts as foUows:

Definitions 1 In dlis Act, (a) "ambulance" means a motor vehicle that is intended to be used for the transportation of patients, but does not include an aircraft or a motor vehicle exempted under the regulations or used in an inter-hospital tiansfer service; (b) "ambulance attendant" means a person who is engaged or employed to attend to or transport patients in an ambulance; (c) "ambulance service" means a service associated direcdy or indirectiy with tiie transportation of patients using an ambulance; (d) "Appeal Board" means die Ambulance Advisory and Appeal Board established under

section 11; (e) "applicant" means an applicant for a licence under

section 15; (f) "basic life support" has the meaning prescribed in die regulations; (g) "board" means an ambulance distiict board estabUshed under

section 3;

(h) "councU" means (

i) in the case of a city, town, village, summer viUage, county or municipal distiict, its council, (ii) in the case of a new town, its board of administiators, (iu) in the case of an improvement district or special area, the Minister of Municipal Affaks, and (iv) in the case of a Metis settiement, the council of the Metis settiement; (i) "distiict" means an ambulance district established under

section 2; (j) "included municipality" means a municipality or Metis settiement all or part of which is included in a district; (k) "Minister" means the member of the Executive Council charged by the Lieutenant Govemor in Council with the administration of this Act; (1) "operator" means a person licensed under this Act to provide ambulance services; (m) "patient" means a person who is or appears to be in need of medical attention; (n) "Registi-ar" means the Regisfrar appointed under

section 14. Organization of Ambulance Districts EstabUshment 2(1) The Minister may by order establish any area in Alberta as an ambulance district, and (

a) name it, (

b) describe its boundaries, (

c) prescribe die number of wards in die distiict and allocate them, and (

d) prescribe any other matter die Minister considers necessary.

(2) If an included municipality otiier tiian a city, town or village contains more than one ward, die council shall determine the boundaries of the wards.

(3) If an order is made under any other Act that results in a change in the boundaries of a municipality, the Minister may make an order under this

section respecting tiie inclusion in or exclusion from a distiict of aU or part of the municipality.

(4) An order under subsection (3) may be made effective as of a date prior to the date on which it is made.

(5) A municipaUty, other dian a city, that is whoUy surrounded by another municipality or other municipaUties included or to be included in a distiict must be included in tiiat distiict, whether tiie surrounded municipaUty existed before or after die estabUshment of the district.

(6) If die Mmister amends or rescinds an order made under tiiis section, he may by order require that, in respect of the districts affected by the amendment or rescission, UabiUties be paid and debenture holders be protected in accordance with the order.

(7) The Regulations Act does not apply to an order made under this section. Ambulance 3(1) An ambulaucc district board shaU administer a distiict. district board

(2) The Mmister may establish a board and name it.

(3) A board estabUshed under tiiis

section is a corporation consisting of the members appointed to the board.

(4) The Minister shall appoint die first members of a board from among persons nominated by the included municipalities at the request of the Minister.

(5) After the first members of a board are appointed all subsequent members shall be appointed in accordance widi die regulations.

(6) A board shall consist of no fewer than 3 nor more than 11 members.

(7) Notwitiistanding subsections (4), (5) and (6), if a distiict consists of only one municipaUty, the Minister may designate die council of the municipaUty as die board for the purposes of tiiis Act

(8) Notwitiistanding subsections (4), (5), (6) and (7), if tiie boundaries of an ambulance district are coterminous widi the boundaries of a hospital district under the Hospitals Act and die majority of councils of die included mimicipalities agree in writing,

board the Minister may designate die hospital district board as die ambulance district board for the purposes of this Act. Agreemenu to 4(1) Subjoct to the approval of the Minister, a board may enter provide sCTvices ^^^ ^ agreement with die Govemment of Canada respecting the provision by the board of ambulance services within or outside its distiict.

(2) Subject to die approval of the Minister, a board may enter into an agreement witii any person respecting the provision by the board of ambulance services outside its distiict.

(3) An agreement under subsection (1) or (2) may provide diat this Act, any provision of this Act, the regulations or any provision of the regulations does not apply and that a provision of the agreement applies instead. Powers and 5(1) A board shall ensure tiiat duties of a (

a) ambulance services are provided in the distiict for which the board was estabUshed, and (

b) the level of ambulance services provided in that district is not less than basic life support unless the Minister authorizes another level.

(2) Subject to the regulations, a board may (

a) make by-laws respectmg the administtation and provision of ambulance services in the district; (

b) borrow money; (

c) make requisitions on the councils of included municipalities for the required portion of the board's operating or capital costs; (

d) invest funds not requu-ed for immediate use; (

e) enter into agreements with operators; (

f) act as an operator in respect of its district; (

g) enter into an agreement with any person for die purpose of providing mumal support and co-ordinated service delivery; (

h) employ die persons the board considers necessary to carry out its duties and exercise its powers under tiiis Act;

Requisition of funds Powers of mimicipalities Requisition in national parks (

i) accept gifts, grants, donations and bequests and conduct fund-raising events to support the provision of ambulance services in tiie district.

(3) The board shall send to the Minister a copy of its by-laws including all amendments and repeals. 6 A board may requisition the payment of its capital and operating costs from included municipalities in the manner prescribed in the regulations. 7(1) Notwithstanding any other Act, the council of an included municipality may pay money to die board to assist in die provision of ambulance services in the district and may do aU tilings necessary to carry out the intent of this Act, including, widiout restiicting the generality of the foregoing, (

a) paying grants to the board for the provision of ambulance services in tiie municipaUty; (

b) borrowing money by temporary loans, without die assent of the proprietary electors, for the purpose of meeting the municipality's share of the costs of providing ambulance services; (

c) accepting requisitions from the board of money required by the board and assessing and levying taxes within the municipality for the purpose of meeting those requisitions.

(2) Notwithstanding any otiier Act, the council of an included municipality may authorize the issue of debentures without die assent of the proprietary electors for the purpose of financing capital costs associated with tiie provision of ambulance services, including, witiiout restricting the generality of tiie foregoing, (

a) the acquisition, extension or renovation of a site, (

b) the acquisition, construction, extension or renovation of a building, (

c) die provision or construction of utility services to a site or building, or (

d) the acquisition of vehicles or equipment. 8 Notwitiistanding die School Act but subject to die regulations and any agreement under

section 4, the board of tiiistees of a school distiict all or part of which is included in a national park

Disestablish ment Dismissal of board members Establishment (

a) may accept requisitions on it under this Act fi-om the ambulance distiict board of an ambulance distiict tiiat is adjacent to die school distiict or tiiat includes all or part of die school distiict as if the board of tiiistees were tiie council of an included municipaUty, and (

b) for die purpose of meeting requisitions on it under tiiis Act, has and may exercise all die powers and duties of tiie council of a municipaUty or a municipality under tiiis Act, tiie Municipal Government Act, the Municipal Taxation Act and the Tax Recovery Act, but only to die extent tiiat the power is not being exercised in the school distiict by any other public authority. 9(1) If the assets of the board of a disestabUshed district are insufficient to meet its UabiUties, tiie deficiency shaU be paid by the councU of each included municipality in the same proportion as tiie council of that municipaUty was liable in the year prior to the disestabUshment of the district in respect of requisitions by the board.

(2) If the assets of the board of a disestablished district exceed the amount required to meet its liabUities, the surplus shall be distributed to the councils of the included municipalities in the same proportion as the councils of those municipalities were Uable in the year prior to the disestabUshment of the district in respect of requisitions by the board. 10(1) The Minister may by order dismiss all the members of a board and appoint an official administrator in die board's place.

(2) An official administrator appointed under this

section (

a) has the power and autiiority of the board, (

b) shall perform all the duties of tiie board, and (

c) shall be paid die salary the Minister determines, togedier witii proper expenses, as an operating expense of the board.

(3) If in the opinion of die Minister an official administiator is no longer required, the Minister may restore the affairs of die district to a board whose members are appointed in accordance witii the regulations. Ambulance Advisory and Appeal Board 11

(1) There is hereby established die Ambulance Advisory and Appeal Board.

Duties of Appeal Board Prohibition

(2) The Minister may (

a) appoint no fewer dian 7 nor more tiian 11 members to tiie Appeal Board; (

b) designate a chairman and a vice-chairman to act as chairman in die absence or inabiUty to act of the chairman.

(3) The Appeal Board may make rules goveming the calUng of meetings, the procedure to be used at meetings or hearings and die conduct of a meeting, investigation or hearing, including meeting in panels for the purpose of hearing an appeal under this Act.

(4) The Appeal Board shall give the Minister a copy of tiie rules made under subsection (3) including all amendments and repeals. 12 The Appeal Board shall (

a) investigate and hear appeals under this Act; (

b) advise the Minister on matters pertaining to the provision of ambulance services; (

c) on being requested to do so by the Minister, (

i) investigate or inquire into, collect information relating to or conduct research into any matter relating to the deUvery of ambulance services, and make its report in die manner and at the time specified by die Minister, (ii) conduct an investigation into or inspection of the ambulance services provided by an operator, and make its report in the manner and at die time specified by die Minister, or (iu) hold public hearings for the purpose of receiving submissions on matters pertaining to ambulance services specified in the request, and make its report in the manner and at die time specified by die Minister; (

d) perform any task or function that the Minister may request from time to time. Licensing of Operators 13(1) No person shall provide ambulance services unless he is licensed as an operator under tiiis Act and the licence is valid and not under suspension.

Registrar

(2) The Court of Queen's Bench, on appUcation by tiie Minister by way of originating notice, may grant an injunction enjoining any person from contravening subsection (1) notwithstanding any penalty tiiat may be provided by this Act. 14(1) The Minister may appoint a Registiar for die purposes of this Act. Licence applicaticHi Issuing a licence Authority under licence Suspension in the public interest

(2) The Registrar shaU (

a) issue a Ucence to an applicant in accordance with this Act and the regulations, (

b) maintain a register of all operators, and (

c) perform any other duties imposed on the Registiar under tilis Act or the regulations. 15(1) A person proposing to provide ambulance services as an operator must send the Registiar an appUcation in accordance with, and including the information required by, the regulations.

(2) The Registiar shall advise the appUcant of his decision in writing not more than 60 days after he receives the appUcation.

(3) If the Registrar refuses to issue a Ucence he shaU advise the appUcant in writing of his reasons for refusing. 16 The Registi:ar may issue to an applicant a licence subject to any conditions he considers appropriate if (

a) die appUcant meets the requkements for a licence as prescribed by the regulations, and (

b) die proposed ambulance services meet the requirements of the regulations. 17(1) If tiie Registiar issues a Ucence to a person, that person is authorized to provide ambulance services as an operator in accordance with the conditions of the licence, this Act and the regulations.

(2) A Ucence issued under this Act is not transferable. 18(1) If the Registrar is of the opinion that tiiere is an immediate threat to public safety and that it is in the public interest to do so, he may suspend a licence issued under this Act.

Revocation, amendmrat, suspension Ai^>eal Notice of appeal

(2) If die Registiar suspends a licence under subsection (1), he shaU forthwith notify the operator and any board with which die operator has an agreement of the suspension.

(3) A suspension under subsection (1) takes effect on die date specified by the Registi-ar.

(4) An operator who receives notice that his Ucence is suspended under subsection (1) may make an application, on 2 days' notice to the Registiar, to the Court of Queen's Bench for an order staying the suspension for a period set by die Court.

(5) The operator may appeal a suspension under subsection (1) to tiie Appeal Board by serving a notice of appeal on the Registiar not more than 20 days after the operator receives notice of tiie suspension. 19(1) The Registiar may amend, suspend or revoke a Ucence in accordance with the regulations.

(2) If the Registiar proposes to amend, suspend or revoke a licence under subsection (1), die Registrar shall serve notice on the operator in writing that he is amending, suspending or revoking the licence, giving reasons for his action.

(3) A notice under subsection (2) shaU include a statement of die appeal processes under tiiis Act.

(4) An amendment, suspension or revocation under subsection (1) takes effect 60 days after the date on which notice is served on die operator under subsection (2).

(5) The Registiar shaU provide any board with which the operator has an agreement with a copy of tiie notice under subsection (2). 20 If tiie Registiar (

a) advises an appUcant that he refuses to issue a licence, or (

b) serves notice on an operator of an amendment to or die suspension or revocation of a Ucence under

section 19, the appUcant or tiie operatt)r, as tiie case may be, may appeal tiie Registrar's decision to the Appeal Board by serving a notice of appeal on tiie Registrar not more tiian 20 days after the appellant is advised of or is served with notice of the Registrar's decision. 21 The Registi:ar shall send a copy of a notice of appeal served on him under tiiis Act to tiie chairman of tiie Appeal Board forthwith. 10

Hearing an 22(1) The Appeal Board shall investigate and hear an appeal appeal under

section 18 or 20 witiiin 30 days of die date on which die Appeal Board receives a copy of the notice of appeal from the Registi-ar.

(2) The Registrar and the appeUant may appear and be represented by counsel at a hearing before the Appeal Board.

(3) The chairman of die Appeal Board may order diat die proceedings be held in private if in his opinion it is necessary to do so to protect a person who is not a party to the proceedings.

(4) At least 10 days before die date set for a hearing, the Registrar shaU serve on the appeUant a notice of the hearing stating die date, time and place at which the Appeal Board will hold the hearing.

(5) Evidence may be given before the Appeal Board in any manner that the Appeal Board considers appropriate, and the Appeal Board is not bound by the rules of law respecting evidence applicable to judicial proceedings.

(6) The Appeal Board on application by the appellant may extend the period in subsection (1) or

section 19(4).

(7) Whether tiie application is made witiiin or after the period specified, the Appeal Board may extend die period in

section 18(5) or 20.

(8) The Appeal Board shall give its decision on die appeal in writing not more than 10 days after die conclusion of the hearing. Wimesses 23(1) Any person who, in die opinion of die Appeal Board, has knowledge of the matter being heard is a compeUable wimess in any proceeding before the Board.

(2) A wimess may be examined under oatii on anything relevant to tiie investigation or hearing and shaU not be excused from answering any question on die ground tiiat tiie answer might tend to (

a) incriminate him, or (

b) establish his liability (

i) to a civil proceeding at the instance of die Crown or of any other person, or (ii) to prosecution under any Act, 11

liability, it shaU not be used or received against him in any civil proceedings or in any proceedings under any other Act.

(3) For the purpose of obtaining the testimony of a wimess who is out of Alberta, a judge of the Court of Queen's Bench, on an ex parte application, may direct the issuing of a commission for obtaining the evidence of die wimess, and die commission shaU be issued and the evidence taken pursuant to die Alberta Rules of Court.

(4) The attendance of wimesses before the Appeal Board and die production of records may be enforced by a notice issued by the Appeal Board requiring the wimess to attend and stating the date, time and place at which the wimess is to attend and the records, if any, that the wimess is required to produce.

(5) On die written request of the appeUant or of his counsel or agent, the Appeal Board shaU, without charge, issue and deliver to the appeUant or his counsel or agent any notices that he requires for tiie attendance of wimesses or the production of any record.

(6) A wimess who has been served widi a notice to attend or a notice for the production of any record under this

section is entitied to be paid the same fees as are payable to a wimess in an action in die Court of Queen's Bench. Civil contempt 24 Proceedings for civU contempt of court may be brought P™"'*^'' against a wimess (

a) who fails (

i) to attend before the Appeal Board in compliance with a notice to attend, or (ii) to produce records in compliance with a notice to produce them, or (

b) who refuses to be swom or to answer any question tiiat he is directed to answer by the Appeal Board. °^°° °" 25(1) On hearing die appeal, die Appeal Board, by order, may (

a) confirm, quash or vary die decision of the Registi-ar, (

b) make any finding, order or decision tiiat in its opinion should have been made, or 12

(

c) refer die matter back to the Registiar for furdier consideration in accordance with any direction of the Appeal Board.

(2) Forthwith on die making of die order by the Appeal Board, the Registi-ar shall notify, in writing, tiie appellant and any otiier person to whom, in the opinion of the Appeal Board, notice should be given. General Definition Inspection of place Removal of records 26 In this

section and sections 27 \o 29, (a) "authorized person" means a person authorized in writing by the Minister to carry out inspections under this Act; (b) "inspection" means an inspection referred to in

section 27. 27(1) Subject to subsection (2), an authorized person may inspect any place for the purpose of determining whether or not a person is complying with this Act and the regulations.

(2) If an authorized person believes on reasonable and probable grounds that an operator is not complying with diis Act or the regulations and the owner of the dweUing consents, the authorized person may inspect a dwelUng for the purpose of determining whether or not the operator is complying with this Act or the regulations.

(3) For the purposes of an inspection, an authorized person may (

a) enter in or on the place that is the subject of tiie inspection at a reasonable hour; (

b) require the production of any books, records or other documents that are relevant to the purposes of die inspection and examine them, make copies of them or remove them temporarily for the purpose of making copies; (

c) inspect any ambulance or equipment and take samples of any medication intended for use in providing ambulance services found in or on the place; (

d) perform tests, take photographs or make recordings in respect of the place. 28(1) Where an authorized person removes any books, records or other documents during an inspection, he shall 13

(

a) give a receipt for die items to tiie person from whom tiie items were taken, and (

b) forthwith return die items to the person from whom they were taken when they have served die purposes for which tiiey were taken.

(2) On request, tiie autiiorized person shaU provide a copy of an item removed during an inspection to the person from whom it was taken or to a person who is entitied to custody of die items. Application to 29(1) If a pcrsou court Information Vicarious liability Ministerial powers (

a) refuses to aUow an authorized person to conduct an inspection, (

b) hinders or interferes with an authorized person who is carrying out an inspection, or (

c) as owner of a dwelling refuses to consent to an inspection, the authorized person may apply by originating notice to a judge of the Court of Queen's Bench for an order directing tiie owner or occupier of the place or dwelUng to do or refrain from doing anything the judge considers necessary in order to enable the authorized person to carry out the inspection, and the judge may make the order accordingly.

(2) An appUcation under subsection (1) may be made ex parte if the judge considers it proper in the circumstances. 30 An operator or a board shaU provide the Minister, on the request in writing by die Minister, with any information required by the Minister in accordance with the request 31 The Crown in right of Alberta and die Crown's agents and employees and a board, die members of a board and the board's agents and employees are not Uable for die acts or omissions of an operator or of the operator's agents or employees. 32(1) The Minister may do anything tiie Minister considers necessary (

a) to promote, facUitate and ensure the provision of appropriate patient ttansportation services, including causing ambulance services to be provided by any person and in any manner he considers appropriate; (

b) with respect to air ambulance services; 14

Ambulance attmdants Liability for payment (

c) with respect

U) inter-hospital transfer services.

(2) Notwitiistanding any otiier provision of tiiis Act or tiie regulations, tiie Minister may enter into agreements for tiie purposes of tiiis Act with die Govemment of Canada, tiie govemment of a province, tiie govemment of a country other tiian Canada or of a state in another country or any person.

(3) An agreement under subsection (2) may provide tiiat tiiis Act, any provision of tiiis Act, tiie regulations or any provision of the regulations does not apply to die extent that die agreement appUes. 33(1) A person who does not meet the requkements of die regulations respecting ambulance attendants shaU not act as an ambulance attendant.

(2) No person shall employ or engage as an ambulance attendant a person who does not meet the requirements of die regulations respecting ambulance attendants. 34(1) The Minister or a person who provides ambulance services, air ambulance services or inter-hospital transfer services to a patient may recover the amount that may be charged for that service under this Act from the patient or a person prescribed in the regulations.

(2) An amount referred to in subsection (1) may be recovered in a civil action for debt. Offences 35 A person who contravenes this Act or the regulations is guilty of an offence and liable. (

a) in the case of an individual, to a fine of not more dian $5000, and (

b) in the case of a corporation, to a fine of not more than $10 000. Regulations 36(1) The Lieutenant Govemor in CouncU may make regulations (

a) respecting the requisitioning of capital and operating costs by a board from an included municipality; (

b) conferring any powers and imposing any duties on a school board or an ambulance district board for purposes pertaining to requisitions by an ambulance district board on a school board, the payment of requisitions and the levying and collecting of taxes by a school board for the purpose of meeting requisitions; 15

(

c) respecting tiie qualifications for membership, grounds for disqualification from membership, terms of office, procedure for fiUing vacancies and other matters pertaining to members of boards; (

d) respecting the management, functions, duties and jurisdictions of boards; (

e) respecting the records to be kept by boards and the manner in which they are to be kept and die reports and retums to be submitted to the Minister by boards; (

f) respecting the manner in which boards may borrow money, fixing the maximum rate of interest on any borrowing and fixing the terms of any borrowing and the periods of borrowing; (

g) respecting the obUgation of any person to provide an operator or his employee with information about a patient; (

h) respecting liabUity for payment of the amount that may be charged in respect of a service provided under tiiis Act and die person reqmred to make the payment; (

i) respecting the confidentiality requkements to be observed by a person with respect to information obtained in the administiation of this Act or in providing patient ttansportation under this Act; (

j) prescribing the conditions that must be contained in an agreement between a board and the Govemment of Canada; (

k) providing for any other matter necessary for or incidental to the carrying out of the intent of tiiis Act or for circumstances that arise for which no provision is made in this Act.

(2) The Minister may make regulations (

a) respecting the remuneration and die ttavelUng and expense aUowances to be paid to members of the Appeal Board; (

b) prescribing die rate of interest tiiat tiie council of an included municipality shall pay a board on requisitioned amounts paid after die date on which they are due; (

c) respecting tiie manner in which and die terms and conditions subject to which a board may acquke, hold and dispose of real and personal property; (

d) prohibiting the acquisition, holding or disposition of any real or personal property by a board; 16

(

e) respecting the investinent of funds by a board; (

f) respecting die mformation a board shall give to a councU on request; (

g) respecting the conditions diat must be included in an agreement for the provision of ambulance services between a board and an operator; (

h) respecting agreements entered into by a board for the purpose of providing mumal support and co-ordinated service deUvery; (

i) respectmg the notification of tiie Registi-ar by a board of an agreement for the provision of ambulance services between the board and an operator; (

j) respecting compulsory UabiUty insurance; (

k) respecting the records to be kept by an operator and the manner m which they are to be kept and the reports, retums and information to be submitted to a board or die Minister by an operator; (1) respecting Ucences; (

m) respecting the qualifications, examination, training, registration and licensing of ambulance attendants; (

n) exempting a motor vehicle or class of motor vehicle from being included under

section 1(a); (

o) prescribing standards applicable to die stmcture and design of ambulances and equipment used in ambulances; (

p) respecting die equipment, medication and supplies that must be carried in an ambulance; (

q) respectmg die maintenance, repak and operation of ambulances and equipment used in ambulances; (

r) respectmg die equipping, maintaining, operating and repaking of ambulance garages and stations; (

s) respecting ambulance communications systems; (

t) respecting standards for ambulance services; (

u) respecting levels of ambulance services; 17

(

v) defining "ak ambulance services", "basic life support" or "inter-hospital transfer services" for die purposes of this Act; (

w) respecting fees to be charged under diis Act; (

x) respecting the amounts that may be charged for ambulance services; (

y) respecting the disposal of medical waste produced as a result of the provision of ambulance services; (

z) respecting the duties of tiie Registiar; (aa) respecting patient ttansportation. Transitional 37(1) Notwithstanding

section 33, an individual who is employed by an operator or an ambulance authority as an ambulance attendant when

section 33 comes into force may continue to be employed and to practise as an ambulance attendant for a period after

section 33 comes into force as prescribed in a regulation made by the Minister, but he may not be employed or practise as an ambulance attendant after the end of that period except in accordance with

section 33.

(2) Notwithstanding

section 3(4), if before this Act comes into force an ambulance authority has been established to provide ambulance services in respect of all or part of an area to be included in a district proposed to be established under

section 2, the Minister may appoint some or all of the first members of the board from among the members of the governing body of the ambulance authority, each to hold office as a member of the board until a successor is appointed in accordance with the regulations.

(3) Within 180 days of the establishment of an ambulance district board, the board shall notify in writing the council of each included municipality and each person who provides ambulance services in the district under a contract or licence at or after the time the board is established of the board's intentions with respect to the provision of ambulance services in the district.

(4) Notwithstanding

section 13, if a person provides ambulance services in a municipality immediately before this Act comes into force, that person may continue to provide ambulance services in that municipality in accordance with the applicable contract or licence under which he provides the ambulance services until (

a) he has entered into an agreement as an operator in accordance with this Act with the board of a district that includes the municipality, or 18

(b) 3 years after this Act comes into force, whichever occurs first.

(5) Notwithstanding subsection (4), if a board notifies a person referred to in subsection (3) other than a municipality that the board (

a) intends to enter into an agreement for the provision of ambulance services with that person as an operator in accordance with this Act, the notice shall also advise the person that he may continue to provide ambulance services in accordance with the contract or licence referred to in subsection (3) until (

i) the date on which the person and the board enter into an agreement under this Act, or (ii) 180 days from the date notice is received from the board, whichever occurs first, or (

b) does not intend to enter into an agreement for the provision of ambulance services with that person, the notice shall also advise the person that the person shall cease to provide ambulance services in the district on the date specified in the rwtice.

(6) A person who receives notice from a board under subsection (5)(

a) may continue to provide ambulance services in the district until the date determined in accordance with subsection (5)(a).

(7) A person who receives notice from a board under subsection (5)(

b) shall stop providing ambulance services in the district on the date determined in accordance with subsection (5)(b).

(8) If the board and a person referred to in subsection (5)(

a) do not enter into an agreement within 180 days, that person is deemed to be a person who has received notice under subsection (5)(

b) and shall cease to provide ambulance services on the expiration of the 180-day period referred to in subsection (5)(a).

(9) A person who enters into an agreement with a board under subsection (5)(

a) shall not be compensated by any person for any direct loss, damages or any other loss resulting from the breach or termination of the contract or licence referred to in subsection (3) uruier which he was providing the ambulance services.

(10) A person who receives notice from a board under subsection (5)(

b) or who is required to cease to provide ambulance services 19

City of Edmonton under subsection (8) shall be compensated by the board for the value of any direct loss suffered by that person as a result of the board's action but shall not be compensated by any person for damages or any other loss resulting from the breach or termination of the previous contract or liceruie under which he was providing the ambulance services.

(11) If the amount or the terms of the compensation under subsection (10) cannot be agreed on by the board and the person who was providing ambulance services, the board or the person may refer the matter to the Public Utilities Board, which shall determine the compensation by order.

(12) An order of the Public Utilities Board under subsection (11) is final and binding on all parties.

(13) The Lieutenant Governor in Council may make regulations respecting matters referable to the Public Utilities Board under subsection (11) and the manner in which they may be referred. 38(1) The Edmonton Ambulance Authority is continued and deemed to be a board under this Act of a district that consists of the City of Edmonton.

(2) A member of the Authority pursuant to the Edmonton Ambulance Authority Act is deemed to be a member of the board until (

a) his term as a member of the Authority expires, (

b) he is reappointed or his appointment is rescinded in accordance with the regulations, or (c) 3 years ctfter the coming into force of this Act, whichever occurs first.

(3) The Edmonton Ambulance Authority Act is repealed. Consequential 39^7; 7-/,^ Financial Administration Act is amended in

section 1(1 )(

n) by adding "an ambulance distiict board under die Ambulance Services Act," ctfter "Housing Corporation Act,".

(2) The Improvement Districts Act is amended by repealing

section 18(l)(

a) and (b).

(3) The Municipal Government Act is amended by repealing sections 168,169 and 170. 20

(4) The Municipal Taxation Act is amended in

section 92(1) by adding the following after clause (d): (d.

l) the sums diat may be requked to meet the requisition of an ambulance district board pursuant to die Ambulance Services Act; Coming into 40 This Act comes into force on Proclamation. force 21 Title: 1990 (22nd 2nd) Bill 49, Ambulance Services Act

Document details

Collection	Alberta — Bills
Citation	L22 S2 2724
Type	bill
Volume / chapter	L22 S2 2724
Language	en
Format	json
Source	PROVINCIAL
Identifier	254b7ff7887cf2389e2038c511a7329b4958f6c7

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