Groves Memorial Community Hospital Act, 2002 Arnott, Ted — Private Bill PR5 (37th Parliament, 3rd Session)

Bill PR5, 37-3

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Bill PR5, Groves Memorial Community Hospital Act, 2002

Arnott, Ted

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Royal Assent

[37] Bill 5 Royal Assent (PDF)

Bill Pr5 2002

An Act respecting

Groves Memorial Community Hospital

Preamble

The Corporation of the Township of Centre Wellington and The Groves

Memorial Community Hospital Commission have applied for special legislation

to incorporate the Groves Memorial Community Hospital as a corporation

without share capital. The applicants also wish to transfer to the hospital

corporation any gifts, trusts and bequests made to the Township in trust for

the hospital. The applicants represent that the Alexandra Hospital was

transferred to The Corporation of the Village of Fergus by Abraham Groves,

M.D. in 1931. The applicants further represent that the transfer was

validated and the name of the hospital was changed to The Groves Memorial

Hospital by The Village of Fergus Act, 1932 and that the name of the

hospital was changed to The Groves Memorial Community Hospital and its

management was vested in The Groves Memorial Community Hospital Commission by

The Town of Fergus Act, 1954 . The applicants further represent that

The Corporation of the Township of Centre Wellington, created pursuant to a

restructuring order under

section 25.2 of the Municipal Act dated

November 26, 1997, is the successor to The Corporation of the Town of Fergus

and The Corporation of the Village of Fergus.

It is appropriate to grant the application.

Therefore, Her Majesty, by and with the advice and consent of the

Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"catchment area", with respect to the hospital corporation, means the

geographic area that is regularly and consistently served by the hospital

corporation;

"hospital commission" means the Groves Memorial Community Hospital

Commission;

"hospital corporation" means the corporation established under

section

"Township" means The Corporation of the Township of Centre Wellington.

Hospital corporation incorporated

(1) Groves Memorial Community

Hospital is hereby established as a corporation without share capital.

Composition

(2) The hospital corporation is composed of its board of

directors and such other persons who later become members of the hospital

corporation in accordance with its by-laws.

Objects

3. The objects of the hospital corporation

are,

(

a) to establish, equip, maintain and operate a public hospital;

(

b) to maintain and operate related facilities;

(

c) to participate in the education of persons who provide health care;

and

(

d) to provide health care services and programs, including long-term care

facilities and in-home health care services.

Powers

4. The hospital corporation has the capacity

and the rights, powers and privileges of a natural person.

Board of directors

(1) The affairs of the hospital

corporation shall be governed by its board of directors.

Composition

(2) The board of directors shall be composed of,

(

a) the persons required by the Public Hospitals Act ;

(

b) three members of the Township council;

(

c) one member of the Wellington County council;

(

d) the president of the volunteer association of the hospital

corporation; and

(e) 11 persons, who are representative of the public within the catchment

area, appointed by the Township council after considering the recommendations

of the nominating committee of the hospital corporation made in accordance

with the hospital corporation's by-laws.

First board

(3) Despite subsection (2), the members of the first board of

directors shall be the members of the hospital commission in office

immediately before the coming into force of this Act, and they shall remain

in office until their successors are appointed in accordance with this Act

and the hospital corporation's by-laws.

In the event of Township being restructured

(4) In the event that the Township is restructured under the

Municipal Act in a manner described in subsection (6), the board of

directors of the hospital corporation shall be composed of a maximum of 18

persons, being,

(

a) the persons required by the Public Hospitals Act ;

(

b) three members (or, if there are not three members, such lesser number

of members) of the council of the restructured municipality who, for a

continuous period of at least three months, have resided or been employed or

carried on a business in the catchment area of the hospital corporation;

(

c) the president of the volunteer association of the hospital

corporation; and

(

d) such other persons, who are representative of the public within the

catchment area, elected by the members of the hospital corporation as are

required by the hospital corporation's by-laws.

First board following restructuring

(5) Despite subsection (4), the members of the board of

directors of the hospital corporation immediately before the Township is

restructured shall remain in office until the first annual meeting of the

hospital corporation after the restructuring.

Application, details of restructuring

(6) Subsections (4) and (5) apply only if the Township is

restructured under the Municipal Act such that,

(

a) the population of the catchment area of the hospital corporation that

was within the geographic boundaries of the Township immediately before the

restructuring is less than two-thirds of the population of the entire

restructured municipality; or

(

b) there is a public hospital other than Groves Memorial Community

Hospital within the geographic boundaries of the restructured municipality

and the board of the other hospital is elected by the members of the other

hospital.

Interest in property

(1) Any interest of the Township

in real or personal property that is used by or held in trust for the

hospital commission immediately before this Act comes into force is hereby

transferred to the hospital corporation.

Exception - scheduled land

(2) Despite subsection (1) and subsections 7 (1), (2) and (3),

the land described in the

Schedule shall continue to be held by the Township

in trust for the hospital corporation for as long as the hospital corporation

continues to operate as a public hospital and no part of that land shall be

sold, leased, mortgaged or otherwise disposed of without the requisite

government approvals, if any, and the approval of the hospital

corporation.

Gifts, etc.

(1) The hospital corporation

shall hold and administer all gifts, trusts and bequests made to the Township

in trust for the hospital commission or the hospital corporation, unless the

gift, trust or bequest expressly provides otherwise.

Same

(2) A gift, trust or bequest described in subsection (1) shall

be transferred to the hospital corporation.

Trustee of trust property

(3) The hospital corporation is the trustee of property that,

before its transfer under this Act, is trust property held in trust by the

Township for the hospital commission or the hospital corporation and,

following the transfer, the property remains trust property.

Claims

(4) Subject to subsection (7), claims that may be made by or

against the Township with respect to property held in trust by the Township

for the hospital commission or the hospital corporation before this Act comes

into force may be made by or against the hospital corporation in its place

when this Act comes into force.

Same

(5) Subject to subsection (7), no claim may be made by or

against the Township with respect to property held in trust by the Township

for the hospital commission or hospital corporation before this Act comes

into force.

Proceedings

(6) Subject to subsection (7), the hospital corporation

replaces the Township as a party in any ongoing proceeding with respect to

property held in trust by the Township for the hospital commission or

hospital corporation before this Act comes into force.

Exceptions - scheduled land

(7) Subsections (4), (5) and (6) do not apply to claims or

proceedings relating to the land described in the Schedule.

Transfers upon dissolution

8. Upon the dissolution of the hospital

corporation, the remaining property of the hospital corporation after claims

against the hospital corporation are satisfied shall be given to charitable

organizations to provide health care services to the residents of the

hospital corporation's catchment area as it was constituted immediately prior

to dissolution.

Repeal

9. The following are repealed:

1. The Village of Fergus Act, 1932 .

2. The Town of Fergus Act, 1954 .

Commencement

10. This Act comes into force on the day it receives

Royal Assent.

Short title

11. The

short title of this Act is the Groves

Memorial Community Hospital Act, 2002 .

SCHEDULE

Part of Queen Street (dedicated by By-law No. 1660 - Instrument No.

M-53763) and Part of 5 Acre Lot, East of Gowrie Street abutting the river,

and

Part Lot 8, Registered Plan 350, Town of Fergus, now in the Township of

Centre Wellington being more fully described as PARTS 2, 3, 4, 5, 6 and 10 on

Reference Plan 61R-8496 together with a right of way over Lot 4 and Part of

Lot 8, Registered Plan 350, Town of Fergus, now in the Township of Centre

Wellington being more fully described as PARTS 7 and 11 on Reference Plan

61R-8496.

[37] Bill 5 Original (PDF)