Second

Session, 48th General Assembly

Elizabeth II, 2018

BILL 32

AN ACT

RESPECTING THE NEWFOUNDLAND AND LABRADOR CENTRE FOR HEALTH INFORMATION

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN

HAGGIE

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would repeal and replace

the Centre for Health Information Act .

The Bill would

continue the Centre for Health Information

and expand its objects;

add the position of Chief

Executive Officer of the centre;

require an employee of the

Office of the Chief Information Officer to be a director on the board of the

centre;

allow the minister to provide

directions to the centre; and

modify the financial

responsibilities and obligations of the centre.

A BILL

AN ACT RESPECTING THE NEWFOUNDLAND

AND LABRADOR CENTRE FOR HEALTH INFORMATION

Analysis

Short title

Definitions

Centre

Objects

Ministerial directions

Centre's powers

Board of directors

Term of office

Chairperson

Meetings

Annual general meeting

Employees

Chief executive officer

Funding

Withholding of funding

Budget

Auditor

Annual report and audit

Review or audit by minister

Request for documents

By-laws

Committees

Action prohibited

Appointment of administrator

Regulations

Transitional

SNL1995 cP-37.1 Amdt.

SNL2016 cI-2.1 Amdt.

SNL2011 cM-4.02 Amdt.

SNL2016 cM-5.01 Amdt.

SNL2008 cP-7.01 Amdt.

SNL2009 cV-6.01 Amdt.

NLR 104/09 Amdt.

SNL2004 cC-5.1 Rep.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Centre for Health

Information Act, 2018 .

Definitions

2. In

this Act

(a) "board" means the board of directors

of the centre;

(b) "centre" means the Newfoundland and Labrador Centre for Health Information;

(c) "department" means the department

presided over by the minister;

(d) "director" means a person appointed

to the board under

section 7;

(e) "electronic health record" means a

province-wide record of a patient's health care history that is available electronically;

(f) "information system" includes

(

i) the information, applications and related

technology that support the clinical and administrative operations of regional

health authorities and other health service providers, and

(ii) the electronic health record and components

related to the electronic health record;

(g) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(h) "personal health information" means personal

health information as defined in the Personal

Health Information Act ;

(i) "personal information" means personal

information as defined in the Access to Information

and Protection of Privacy Act, 2015 ; and

(j) "regional health authority" means a regional health authority established

under the Regional Health Authorities Act .

Centre

(1) The

Newfoundland

and Labrador Centre for Health Information is continued as a corporation

without share capital for the purposes of the Corporations Act .

(2) The centre is exempt from

section 423 of the Corporations Act .

(3) The centre is an agent of the Crown.

(4) Property of the centre is the property of the

Crown and title to it shall be held in the name of the centre.

Objects

(1) The

objects of the centre are

(

a) to assist and support individuals,

communities, regional health authorities and other health service providers and

policy makers at federal, provincial and regional levels to enhance the health

and well-being of persons in the province through the planning and delivery of

health and community services by

(

i) developing, operating and managing a

comprehensive and aligned information system that fully integrates and uses data

and health information from all components of the health and community services

system for the delivery of health care and health system planning,

(ii) developing data and technical standards and

keeping them up-to-date,

(iii) managing provincial health data and

information assets,

(iv) preparing health reports and conducting applied

health research and evaluation, and

(

v) providing health analytics and decision

support services;

(

b) to protect the privacy of individuals whose

personal information or personal health information is collected, used, disclosed,

stored or disposed of by the centre in accordance with the Access to Information and Protection of Privacy Act, 2015 and the Personal Health Information Act ; and

(

c) those other objects prescribed by the

regulations.

(2) The information system referred to in subparagraph

(1)(a)(

i) shall

(

a) protect the confidentiality and security of

personal information and personal health information that is collected, used,

disclosed, stored or disposed of by the centre;

(

b) provide accurate and current information;

(

c) be efficient and cost-effective; and

(

d) be flexible and responsive to the changing requirements

of the system.

(3) The centre shall operate without the purpose

of gain and any excess revenue shall be used for the objects in subsection (1).

Ministerial directions

(1) The

minister may give directions to the centre including directions for the purpose

(

a) achieving the objects set out in

section 4;

(

b) providing guidelines for the centre to follow

in carrying out its duties and responsibilities and exercising its powers under

this Act; and

(

c) coordinating the work of the centre with the

programs, policies and work of the government of the province, the agencies of

the government and other persons in the provision of health and community services

in the province.

(2) The centre shall comply with directions given

by the minister under subsection (1).

Centre's powers

(1) The

centre may

(

a) purchase, lease or otherwise acquire personal

property;

(

b) sell, lease or otherwise dispose of personal

property;

(

c) unless prohibited by the regulations, charge

fees for preparing health reports and conducting applied health research and

evaluation; and

(

d) exercise the other powers that are necessary

to carry out its duties and responsibilities and exercise its powers under this

Act.

(2) The centre may, with the approval of the minister,

(

a) purchase, lease or otherwise acquire real property, or an interest in

real property, that it considers necessary for its purposes;

(

b) sell, lease or otherwise dispose of real

property or an interest in real property where the real property is no longer

required for its purposes;

(

c) borrow money for the purpose of carrying out

its day to day operations or pledge its assets; and

(

d) make investments or loans.

Board of directors

(1) The

board of directors of the centre shall consist of a minimum of 5 directors and

a maximum of 14 directors.

(2) The Lieutenant-Governor in Council shall

appoint the directors of the board.

(3) The Lieutenant-Governor in Council shall appoint

one of the directors as chairperson and one as vice-chairperson.

(4) Notwithstanding subsection (2), the minister

shall appoint an employee of the department and an employee of the Office of

the Chief Information Officer as directors.

(5) The directors shall serve without remuneration

but directors may be paid the amounts for travel and other expenses incurred in

the work of the centre in accordance with guidelines established by the

Lieutenant-Governor in Council.

(6) The board shall exercise all of the powers and

discharge all of the duties of the corporation and administer and manage its

business.

Term of office

(1) A

director appointed by the Lieutenant-Governor in Council shall hold office for

3 years from the date his or her appointment becomes effective.

(2) Where the term of a director expires, he or

she continues to be a director until reappointed or replaced.

(3) A director whose term of office has expired is

eligible for reappointment.

(4) A director appointed by the Lieutenant-Governor

in Council shall not serve as a director for a continuous period longer than 9

years.

(5) A director appointed by the

Lieutenant-Governor in Council may resign the office of director by written

notice to the Lieutenant-Governor in Council.

(6) The Lieutenant-Governor in Council may remove a

director from office before the term of office of that director expires.

(7) Where the Lieutenant-Governor in Council removes

a director under subsection (6), the director does not have a cause of action

against the Crown nor a right to compensation as a result of the removal.

(8) The exercise of the powers of the centre is

not impaired because of a vacancy on the board.

(9) All acts done by the board or by a director shall,

notwithstanding that it is afterwards discovered that there was a defect in the

appointment

or qualification of a person purporting to be a director, be as valid as if

that defect

had not existed.

Chairperson

(1) The

chairperson appointed under

section 7 shall preside over all meetings of the

board.

(2) Where the chairperson is absent or the office

of chairperson is vacant, the vice-chairperson shall act in his or her place

and in the absence of the vice-chairperson or where the office of

vice-chairperson is vacant the board may choose another director to act in the

place of the chairperson.

Meetings

(1) A

majority of the directors constitutes a quorum for meetings of the board.

(2) Except where prohibited in the by-laws of the

centre, a director may, where all the directors consent, participate in a

meeting of the board by means of a telephone or another telecommunication device

that permits all persons participating in the meeting to communicate with each

other.

Annual general

meeting

(1) The

board shall hold

(

a) an annual meeting, which shall be open to the

public, at the time and place set out in the by-laws of the board, but the

meeting shall be held not later than 6 months after the end of the financial

year; and

(

b) other meetings in accordance with the by-laws

of the board.

(2) Notice of the annual meeting shall be provided

to the public.

Employees

12. The

centre may appoint the officers and engage the employees and other persons it

considers necessary to carry out its duties and responsibilities and to

exercise its powers.

Chief executive

officer

(1) The

Lieutenant-Governor in Council shall appoint, after consultation with the

board, a chief executive officer for the centre and shall determine the terms

and conditions of employment of that chief executive officer.

(2) The chief executive officer, under the direction

of the board, is responsible for the day to day management and conduct of the

affairs of the centre.

Funding

(1) The

minister may provide funding to the centre for the purpose of this Act out of

money appropriated by the legislature for that purpose.

(2) Money provided to the centre for a particular

purpose shall not be expended by the centre for another purpose without the

prior approval of the minister.

(3) The financial year of the centre is April 1 to

the following March 31.

Withholding of

funding

15. The

minister may withhold a payment, or part of a payment, to the centre until the centre

has complied with this Act or a direction of the minister given under

section 5.

Budget

(1) The

centre shall, annually, prepare and submit to the minister, at the time and in

the manner required by the minister, a budget containing estimates of amounts

necessary to enable the centre to carry out its duties and responsibilities and

exercise its powers in the coming financial year.

(2) The minister may approve or disapprove a

budget submitted under subsection (1) or may approve a budget subject to the

changes to it required by the minister.

(3) Except with the prior approval of the

minister, the centre shall not make, or contract to become liable for, an

expenditure or indebtedness beyond or in excess of the estimated amount of

expenditure set out in its budget and approved by the minister under this section.

(4) Where the centre becomes liable for an

indebtedness contrary to subsection (3), the Lieutenant-Governor in Council may

dismiss some or all of the directors.

(5) Where the Lieutenant-Governor in Council dismisses

a director under subsection (4), the director does not have a cause of action

against the Crown nor a right to compensation as a result of the dismissal.

Auditor

17. The

centre shall appoint an independent auditor who shall, annually, audit the

records, accounts and financial transactions of the centre.

Annual report and

audit

(1) The

centre shall submit to the minister before September 30 of each year

(

a) a report on its activities in the preceding financial

year; and

(

b) audited financial statements for the preceding

financial year.

(2) The report and statements referred to in subsection

(1) shall be submitted to the Speaker of the House of Assembly and the Speaker

shall table the report and statements in the House of Assembly immediately

after receipt of the report by him or her or, where the House of Assembly is not

then sitting, within 7 days after it resumes sitting.

Review or audit

by minister

(1) The

centre shall keep accounts and other financial records and information as

required by the regulations.

(2) The centre shall provide information to the

minister respecting its accounts and other financial records in the manner and

at the time required by the minister.

(3) The centre shall permit the minister to review

its books of account and other financial records.

(4) The minister may audit the accounts of the

centre either generally or with respect to a specific transaction or

expenditure and, where the minister decides to conduct the audit, the centre shall

provide the minister with the information and other assistance required by the

minister within the time required by the minister.

Request for documents

20. Where

requested to do so by the minister, the centre shall provide the minister with

the records, reports and other documents he or she specifies in the request.

By-laws

21. The

board may make by-laws not inconsistent with this Act or the regulations relating

to its internal organization and proceedings and for the general conduct and

management of its affairs.

Committees

22. The

board may establish those committees composed of its directors that it

considers necessary to assist it in carrying out its duties and

responsibilities and exercising its powers under this Act.

Action prohibited

23. An

action for damages shall not lie against the board, a director or an officer or

employee of the centre for

an act or failure to act, or a proceeding initiated

or carried out in good faith under this Act, or carrying out their duties or

obligations as an officer, employee or director under this Act.

Appointment of

administrator

(1) Where

the centre is, in the opinion of the minister, in serious financial difficulty,

the minister, subject to the approval of the Lieutenant-Governor in Council,

may appoint a person as an administrator who shall have the power to carry out

the duties and responsibilities and exercise the powers conferred on the centre

and the board, including the duties, responsibilities and powers of a custodian

under the Personal Health Information Act .

(2) Upon the appointment of an administrator, the directors

shall cease to hold office and the directors and the board shall no longer direct

the affairs of the centre or carry out the duties and responsibilities or exercise

the powers conferred on the board by this Act.

Regulations

25. The

Lieutenant-Governor in Council may make regulations respecting

(

a) the objects of the centre;

(

b) the provision by the centre of administrative,

technical and physical safeguards for the confidentiality and security of

personal information and personal health information that is collected, used,

disclosed, stored or disposed of by the centre;

(

c) the preparation of a privacy impact assessment

of the activities of the centre involving the collection, use, disclosure, storage

or disposal of personal information and personal health information;

other than personal health information may be released to the centre under

(

i) the Medical

Care and Hospital Insurance Act ,

(ii) the Vital

Statistics Act, 2009 , and

(iii) another Act or regulation;

(

e) the disclosure of information other than

personal health information to persons or bodies located outside the province;

(

f) when the charging of fees by the centre for preparing

health reports and conducting applied health research and evaluation is prohibited;

(

g) the provision of records, reports and other

documents by the centre to the minister including the content, form and timing

of the records, reports and other documents;

(

h) the funding of the centre including

(

i) the manner of determining funding,

(ii) the allocation of funds,

(iii) the expenditure of funds, and

(iv) advances and the recovery of overpayments;

(

i) the borrowing and investment powers of the

centre;

(

j) the accounts and other financial records and information

that must be kept by the centre and whether that information shall be kept

confidential;

(

k) the conduct of a review of the operations of

the centre;

(

l) the

winding-up of the affairs of and the dissolution of the centre;

(

m) the appointment of an administrator under

section

24 and the powers and duties of an administrator;

(

n) defining a word or expression used but not

defined in this Act; and

(

o) generally, to give effect to the purpose of

this Act.

Transitional

26. A person who is a director of the centre

immediately before the coming into force of this Act shall continue to be a director.

SNL1995 cP-37.1

Amdt.

Section 4.01 of the Health and Community Services Act is repealed and the following

substituted:

Release of information

4.01 Either

(

a) a board established under

section 4; or

(

b) the department

may release information, including

personal information as defined in the Access

to Information and Protection of Privacy Act, 2015 , to the Newfoundland and

Labrador Centre for Health Information in accordance with the Centre for Health Information Act, 2018

and regulations made under that Act.

SNL2016 cI-2.1

Amdt.

28. The

Schedule to the Independent Appointments Commission Act is amended by deleting the

statutory appointment reference " Centre

for Health Information Act , subsection 6(1)" and replacing it with the

statutory appointment reference " Centre

for Health Information Act, 2018 , subsections 7(2) and 13(1)".

SNL2011 cM-4.02

Amdt.

29. Subsection 77(2) of the Medical Act, 2011 is repealed and the following substituted:

(2) A medical practitioner may prescribe a drug or

drug product electronically, including a drug or drug product included in the

list under subsection 26(2) of the Pharmaceutical

Services Act , through the pharmacy network established by the Newfoundland and

Labrador Centre for Health Information under the Centre for Health Information Act, 2018 .

SNL2016 cM-5.01

Amdt.

30. Paragraph 4(1)(

j) of the Medical Care and Hospital Insurance Act is repealed and the

following substituted:

(

j) for the purpose of releasing information,

including personal health information as

defined in the Personal Health Information

Act , to the Newfoundland and Labrador Centre for Health Information in

accordance with the Centre for Health Information

Act, 2018 and regulations made under that Act; or

SNL2008 cP-7.01

Amdt.

31. Paragraph 2(1)(

c) of the Personal Health Information Act is repealed and the following

substituted:

(c) "Centre for Health Information"

means the Newfoundland

and Labrador Centre for Health Information continued as a corporation under the

Centre for Health Information Act , 2018 ;

SNL2009 cV-6.01

Amdt.

32. Paragraph 41(2)(

a) of the Vital Statistics Act, 2009 is repealed and the following

substituted:

(

a) the Newfoundland and Labrador Centre for

Health Information in accordance with the Centre

for Health Information Act, 2018 and regulations made under that Act;

NLR 104/09 Amdt.

33. Paragraph 2(

b) of the Pharmacy Network Regulations published under the Personal Health Information Act is

repealed and the following substituted:

(b) "Centre for Health Information"

means the centre continued under the Centre

for Health Information Act, 2018 .

SNL2004 cC-5.1 Rep.

34. The

Centre for Health Information Act is

repealed.

Queen's Printer