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Community Hospices Regulations

made under

Section 78 of the

Health Authorities Act

S.N.S. 2014, c. 32

O.I.C. 2019-304 (effective October 29, 2019), N.S. Reg. 173/2019

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Prescribed health services

Provincial health authority’s responsibilities for community hospices

Appointing temporary manager

Terms of appointment

Notice of appointment

Powers of appointed manager

Liability of provincial health authority and appointed manager

Citation

1 These regulations may be cited as the Community Hospices Regulations .

Definitions

2 In these regulations,

“appointed manager” means a person appointed under

Section 5 to manage and

administer, or assist in managing or administering, a community hospice;

“community hospice” means a facility to the extent that the facility provides

community hospice services;

“community hospice agreement” means an agreement to establish and sustainably

operate a community hospice;

“community hospice operator” means either of the following:

(

i) the provincial health authority,

(ii) a person who has entered into a community hospice agreement

between the person and the provincial health authority;

“community hospice services” means end-of-life care, as approved by the Minister,

provided by a community hospice operator and delivered in a home-like setting in

accordance with the community hospice standards;

“community hospice standards” means the Nova Scotia Community Hospice

Residence Standards established by the provincial health authority.

Prescribed health services

3 Community hospice services are prescribed as services to be included in the definition of

“health services” in clause 2(1)(

p) of the Act.

Provincial health authority’s responsibilities for community hospices

(1) Subject to subsection (2), the provincial health authority is responsible for all of the

following with respect to community hospices:

(

a) establishing community hospices and delivering community hospice

services;

(

b) approving and supervising the establishment and construction of community

hospices by others;

(

c) entering into and carrying out community hospice agreements;

(

d) in the manner and at such time or times that the provincial health authority

determines to be appropriate, supervising the operation of community

hospices and the delivery of community hospice services delivered by

others, including all of the following:

(

i) requiring reports in a form and including content acceptable to the

provincial health authority,

(ii) inspecting, or appointing a person to inspect, community hospices

and community hospice services,

(iii) auditing, or appointing a person to audit, the administration of a

community hospice and the delivery of community hospice services;

(

e) establishing and requiring adherence to standards and policies for the

administration of community hospices and community hospice services;

(

f) if the provincial health authority determines it to be appropriate, requiring

the accreditation of a community hospice or community hospice operator;

(

g) appointing temporary managers under

Section 5.

(2) All of the following require the prior approval of the Minister:

(

a) establishing a community hospice under clause (1)(a);

(

b) approving the establishment and construction of a community hospice under

clause (1)(b);

(

c) entering into a community hospice agreement under clause (1)(c).

Appointing temporary manager

(1) If the provincial health authority determines it to be necessary to ensure the

sustainable operation of a community hospice or to provide community hospice

services in accordance with these regulations, a community hospice agreement or

the community hospice standards, the provincial health authority may appoint a

person or persons, on a temporary basis, to manage and administer or assist in

managing or administering a community hospice.

(2) An appointment under this

Section may be for such period or periods as the

provincial health authority determines necessary and may be extended or renewed.

established by the provincial health authority.

Terms of appointment

(1) The provincial health authority may fix the remuneration and reimbursement of

expenses payable to an appointed manager upon appointment.

(2) An appointed manager may be appointed without security.

Notice of appointment

(1) The provincial health authority must give written notice of the appointment of an

appointed manager to all of the following:

(

a) the community hospice operator of the community hospices that the

appointment applies to;

(

b) the appointed manager.

(2) A notice of appointment under subsection (1) must include all of the following:

(

a) the name of the appointed manager;

(

b) the name of the community hospice operator of the community hospices

that the appointment applies to;

(

c) an identification of all of the community hospices that the appointment

applies to;

(

d) the date and time when the appointment becomes effective;

(

e) the reasons for the appointment;

appointment.

Powers of appointed manager

has all the powers and duties of the community hospice operator with respect to its

community hospices, including all of the following:

(

a) occupying, managing and administering the community hospice;

(

b) taking possession of and controlling all of the community hospice operator’s

assets and property that are necessary for, or are used in the operation of, the

community hospice;

(

c) entering into any agreements, incurring and carrying out any obligations,

including any obligations arising in the ordinary course of operations of the

community hospice before and during the period of their appointment,

ceasing to carry on all or any part of the operations of the community

hospice and ceasing to perform any of the community hospice operator’s

contracts.

(2) If the community hospice operator is an incorporated body, the appointed manager

duties of the directors and officers of the incorporated body with respect to its

community hospices.

(3) While the powers and duties of a community hospice operator and any directors or

officers are vested in an appointed manager, the community hospice operator and

the directors or officers may not exercise those powers or carry out those duties.

(4) An appointed manager must consider all of the following matters when exercising

their powers and duties:

(

a) compliance with any enactment that applies to the community hospice

operator, its employees or the community hospice;

(

b) compliance with the provincial health authority’s policies, directives and

standards that apply to the community hospice operator, its employees or

the community hospice;

(

c) that their actions must be incidental to the attainment of the objects for

which the community hospice was established and must be in conformance

with the governance requirements of the community hospice operator;

(

d) that they must be able to maintain sufficient control over the community

hospice operator’s operations, including the care of residents in its

community hospices, and its premises, accommodation, equipment and

community hospices;

with

Section 5.

Liability of provincial health authority and appointed manager

(1) No action or other proceeding for damages or otherwise may be instituted against

the provincial health authority or an appointed manager or any director, officer,

agent or employee of the provincial health authority or an appointed manager, as a

result of any act done in good faith in the performance or intended performance of

any duty under

Section 8, or in the exercise or intended exercise of any power or

duty under

Section 8, or of any neglect or default in the performance or exercise in

good faith of the power or duty.

(2) Neither the provincial health authority nor an appointed manager is liable for any

actions or omissions in connection with operating a community hospice during the

time before or after the appointment or attributable to that period.

(3) The appointment of an appointed manager, the management and administration of

a community hospice by an appointed manager or the ceasing of that management

and administration is not

(

a) a sale, lease or transfer of the community hospice operator’s business or

operations for the purpose of

Section 31 of the Trade Union Act ;

(

b) a merger, amalgamation or transfer of jurisdiction for the purpose of

Section

32 of the Trade Union Act .

(4) For greater certainty, during the term of an appointed manager’s appointment,

(

a) any collective agreement binding a community hospice operator continues

to apply;

(

b) the employees of the community hospice operator remain the employees of

the community hospice operator; and

(

c) neither the provincial health authority nor the appointed manager is liable

for any of the community operator’s employee-related liabilities.

Legislative History

Reference Tables

Community Hospices Regulations

N.S. Reg.

173/2019

Health Authorities Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Community Hospices Regulations made under the Health Authorities Act includes all of the following

regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

173/2019

Oct 29, 2019

date specified

Nov 22, 2019

The following regulations are not yet in force and are not

included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.