Bill 219 — -The Community Health and Social Services Centres Act Dr. P Aproski (Legislature 17, Session 2)

L17 S2 5250

Alberta — Bills

Bill 21~ Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 219 -the Community Health and Social Services Centres Act DR. P APROSKI First Reading Second Reading .. Third Reading Printed by QUEEN'S PRINTER f'ail" the Province of Alberta, EDMONTON

Bill 219 Dr. Paproski BILL 219 1973 THE COMMUNITY HEAlTH ANI!) SOCIAL SE'RVICES CENTRES ACT (Assented to , 1973) HER IvIAJESTY, by and with the advice and consent of the LegiHlative Assembly of Alberta, enacts as foNows: 1.

(1) In this Act (a) "authorizing Act" means

an Act under or pursuant to which a local authority is authorized to provide any s'ervices, money, supplies or things in the fields of health and social development and, without lim itation, includes the following enactments, namely: (

i) The Health Unit Act; (ii) The. H01nes for the Aged Act; (iii) The Alberta Hospitals Act; (iv)

section 20 of The Improvement Districts Act; (

v) sections 199 to 206 of The. Municipal Govern ment Act; (vi) The Nursing Homes Act; (vii) The Preventive Social Services Act; (viii) The Public Health Act; (ix)

section 147 of The School Act; (

x) The Social De.velopment Act; (xi)

section 8, clause 14 of The Special Areas Act; (xii) The Treatment Services Act; (xiii) The Venereal Dise,ases Prevention Act; (xiv)

section 12 of The Welfare Hornes Act; (xv) The Nursing Services Act; (xvi) The Tuberculosis Act; (b) "Community Health and Social Services Centre Area" or "Area" means the Community Health and Social Services Centre Area established by a Plan; (c) "Community Health and Social Services Centre Board" or "Community Board" means a Community HeaUh and Social Services Centre Board incorpor ated by a Plan;

Expla natory Notes General. This Bill is part 'Of la brQad legislative plan tQ bring abQut CQ Qrdinated c'Ommunity health and sQcial service's. It will define brQadly CQmmunity Heal,th and Social Services Centres with -regard tQ administrative structure, health and sQcial facilities and services, and lareas to be served by such centres. This Bill will make prQvisiQn fQr the administrative structure, type 'Of facility .and health and s'Ocial services thalt may be prQvided and will authorize the implementatiQn 'Of plans that may be used by the cQmmunities tQ cQ-Qrdinate public health and sQcial services.

The purpQse and 'Objectives 'Of this Bill are: 1. TQ elevate ,tQtal health 'Of individuals and families tQ 'Optimal level in Alberta. 2. TQ prQvide an alternative to institutiQnal 'Care in cQmmunities with loeal'autonQmy with emphasis 'On 'Outpatient care 'Or nQn ins,titutiQnal care. 3. To promDte health rather than sickness by emphasizing tQtal health with special reference tQ preventive and rehabi1i>tart:ive health and social serviee in additiQn tQ diagnQS'is, treatment, and teaching 'Of health. 4.

TQ prQvide thrQugh CQmmunity health 'and SQcial services pro grams emphasis 'On quality of life which is a community CQncern. 5. To all'Ow the cQmmunity (cQnsumers) 'Of health and sQcial services to express their needs and set their priQrities with guidel,ines set dQwn by oQmmunities and the Department 'Of Health and SQcial DevelQpment. 6. To ifuTnish 'a key-link mechanism via such centres tQ prQvide tQtal health delivery systems. 7. To provide 'OngQing evaluatiQn 'Of needs (health and sQcial iaocQun,ting) i:n 'Order that resPQnse can be quicker (with less lag time between need 'and service). 8.

TQ minimize bureaucracy with regavds tQ health and s'Ocial services.

(d) "Community Health and Social Services Centre Plan" or "Plan" means an order of the Lieutenant Governor in Council under

section 2, subsection (5) ; ( e) "Department" means the Department of Health and Social Development; (f) "health and social services" means services, money, supplies or things provided pursuant to an author izing Act; (g) "hospital district" means a general hospital dis trict, an auxiliary hospital district, a general and auxiliary hoslpital district, a general hosp'ital and nursing home district or a general and auxiliary hospital and nursing home district under The Al berta Hospitals Act; (h) "local health and social services authority" or "local authority" means (

i) the Minister, with reference to health and social services provided under programs administer ed by the Department, or (ii) a health unit incorporated under The Health Unit Act, or (iii) a foundation under The Homes for the Aged Act, or (iv) a hospital district, or (

v) the owner of a non-district hospital, or (vi) a nursing home district or an auxiliary hospi tal and nursing home district under The Nursing Homes Act, or (vii) a city, town, new town, village, municipal dis trict or county, or (viii) the Minister of Municipal Affairs, in the case of an improvement district or special area, or Ox) a local board of health under The Public H e,alth Act, 'Or (

x) the board of trustees of a school district or school division; (i) "Minister" means the Minister of Health and Social Development; (j) "non-district hospital" means a hospital owned by a person other than a hospital district; (k) "participating local authority" means a local health and social services authority that is specified in a Plan as a participating local authority. (2) ~ihere a local health and social services authority is empowered under this Act or a Plan to approve any docu ment, action or proposed action, the approval shall be given by way of 2

9. To help avoid iragment'ation and overlapping of health and social services. 10. To provide optimal health and social services per doUar cost. 11. To encourage a team approach for community health and social services, recognizing voluntary aid 'and professionals as both impor,tant in provis,ion of health and sodal services. 12. To provide a point of entry and referral for community health and social services.

This BiN will repeal and replace the provisions of The Depart ment of Health and Sodal Development Act dealing with "com posite health and socia'l serv·ices plalIls." The Bill is a substantially different approach fI10m that Act, however, on these counts. Firstly, a community Plan under this Bill must include at least com munity health services provided by health units and municipally administered social services, although the Plan may include other services in addition.

Secondly, an active or auxiliary hospital or a nursing home cannot be initially included in an initial :Com munity Plan althDugh it may 'at a later stage be included if the Community Health and Social Services Centre Board consents to its inclusion into ·the Plan. Thirdly, a privately ,owned Dr "nOIIl district" hospital may be included in a Plan where The Department of Health and Social Development Act contemplates 'Only the in clusion of district hDspi.tals. I.

Definitions and manner of giving approvals. 2

(

a) an order, in the case of the Minister of Health and Social Development or the l\1:inister of Muni cipal Affairs, 'Or (

b) a by-law of its council, in the case of a city, town, village, municipal district or county, or (

c) a resolution, in any other case, and any approval, once given, may not be revoked. 2.

(1) Subject to subsections (2) to (4), the Minister and other local health and social services authorities may prepare a ,proposal for a ComInunity Health and Social Services Centre Plan under this section.

(2) A proposal for a Plan under this

section may not be prepared unless at least the following are parties to its preparation, namely, (

a) the Minister, (

b) any city, town, new town, village, munidpal district or county that is wholly or partly included in the proposed Community Health and Social Services Centre Area, (

c) the Minister of Municipal Affairs, if any improve ment district or special area is wholly or partly included in the proposed Area, and (

d) any health unit that is wholly or partly included in the proposed Area.

(3) Where any local authority, other than one referred to in subsection (2) or (4), is intended to be included as a participating local authority in a proposal for a Plan, (

a) the Minister shall afford that local authority the opportunity of participating in a preparation of the proposal, and (

b) that local authority may approve the proposal for the Plan, notwithstanding that its approval is not necessary for the purpose of making an order under subsection (5).

(4) The following kinds of local authorities, namely, (

a) a hospital district, or (

b) the owner of a non-distrkt hospital, or (

c) a nursing home district or an auxiliary hospital and nursing home district under The Nursing Homes Act, shall not participate in the preparation of a proposal under this

section and shall not be included as a participating local authority under the proposal for the Plan but may be 3

2. Preparation of proposal and estabHshment of a Community Health ·and Social Services Plan. 3

included as participating local authorities under the Plan subs'equent to its effective date in accordance with

section 7, subsection (5).

(5) Subject to subsection (6), the Lieutenant Governor in Council may make an order for the establishment of a Community Health and Social Services Oentre Plan in accordance with the proposal prepared under subsection (1) and providing for the matters referred to in

section 3.

(6) The Lieutenant Governor in Council shall not make an order under subsection (5) unless the participating local authorities referred to in subsection (2) have approved the proposal prepared pursuant to subsection (1). 3.

(1) A Community Health and Social Services Centre Plan shall (

a) specify the name of the Plan, (

b) establish a part of Alberta as a Community Health and Social S'ervices Centre Area and specify the name of the Area, (

c) subject to subsection (2), incorporate as a body corporate a Community Health and Social Services Centre Board for the Area and specify the name of the Community Board, (

d) provide for the composition of the Community Board, the manner of electing or appointing its members and its chairman and the terms of office of its members, (

e) prescribe the rates of the remuneration payable to members of the Community Board and by whom it is payable, (

f) specify the partkipating local authorities which shall include those local authorities referred to in

section 2, subsection (2), (

g) specify the effective date of the Plan, (

h) specify a period of not less than four years, com mencing on the effective date of the Plan, as the initial term of the Plan, (

i) specify the health and social services that are to be provided by the Community Board which shall include at least the following, namely, (1) public health serviees normally provided by a health unit, and (ii) social services required to be provided by mu nicipalities, 4

3. Mandatory provisions to be contained in a Plan. 4

(

j) provide for the designation of, or manner of the appointm'ent of the Community Board's auditor, and (

k) prescribe the Community Board's fiscal year.

(2) Where the Area is wholly within one municipality, the Plan may provide that the municilpal corporation con cerned shall be the Community Board under the Plan and in that case a reference to the Community Board in this Act or the Plan shall be deemed to be a reference to the municipal corporation with respect to that Plan. (3) 'Vhere the Plan provides for the election of som'e or all of the memb~rs of the Community B'Oard, thp. Plan may make any of the provisions of The Municipal Electio'n Act apply for that purpose or may vary any of the provisions of that Act for the purposes 'Of the election. 4.

(1) A Community Health and Social Services Centre Plan may (

a) provide for the circumstances under which the Plan may be alnended by the Lieutenant Governor in Council only with the prior approval of (

i) the Community Health and Social Services Centre Board, or (ii) all or any specified number or percentage of the participating local authorities, or (iii) the Community Board and all or any specified number or percentage of the participating local authorities; (

b) specify the powers and duties of the participating local health unit and social services authority or local authorities that are to be exercised and per formed by the Community Board in the Area; (

c) specify any provisions of the authorizing Acts that apply to the Community Health and Social Serviees Centre Area or to the Community Board, or both; (

d) specify any provisions 'Of an authorizing Act that do not apply to the Area or the Community Board, or both; (

e) restrict or qualify the application of any provisions of an authorizing Act to the Area or to the Com munity Board or both; (

f) specify the health and social services, in addition to those referred to in

section 3, subsection (1), clause (i), that are to be provided by the Community Board, which, without limitation, may include (

i) child abuS'e action programs, (ii) community mental health programs, 5

4. Additional mattells that may be included in a Plan. 5

(iii) programs for handicapped persons, (iv) senior citizen programs, and (

v) voluntary help programs to provide any health and social services; (

g) provide for the manner of financing the Plan from sources other than funds appropriated by the Legis lature; (

h) confer any powers on the Provincial Auditor in relation to the inspection or audit of the books, records and accounts of the Community Board; (

i) transfer to the Community Board the property in all or any specified assets of a participating local authority; (

j) authorize the transfer, sale, or lease to the Com munity Board of any land or any equipment, supplies or other personal property owned by a participating local authority; (

k) provide for the assumption by the GommunHy Board of all or any specified liabilities, obligations or responsibilities of a participating local authority; (1) provide for the transfer of all or any of the em ployees of a participating local authority to the emploYlnent of the Community Board and any other matters related to the salary rates, conditions of employment and pension plans or arrangements applicable to those employees upon their transfer; (

m) prescribe any conditions with respect to any mat ters enumerated in

section 3 or this section; (

n) adjust or authorize the adjustment of any grants or other payments by the Government to partici pating local authorities in respect of health and social services; ( 0) restrict, qualify or prescribe exceptions to the ap plication of any of the provisions of

section 5; (

p) confer or impose on the Community Board any powers or duties in relation to the provision of health and social services by it in the Area or any other powers or duties in connection with or in cidental to the carrying out of the Plan; (

q) confer or impose on a participating local authority any rights or duties in connection with or incidental to the carrying out of the Plan; (

r) provide for any other matter necessary for or in connection with or incidental to the Plan.

(2) Except as otherwise provided in the Plan, the ex penses incurred by a Community Health and Social Services Centre Board in the operation of a Plan shall be provided 6

fron1 funds appropriated by the Legislature for the pur poses of this Act and for that purpose, the Provincial Treasurer shall, in consultation with the Minister, pay any moneys so appropriated to .the Community Board in instal- ments or otherwise as he may direct. . 5.

(1) Subject to the Community H'ealth and Social Services Centre Plan and except as otherwise provided in the Plan, upon the effective date of the Plan (

a) the ComlTIunity Health and Social Services Centre Board has with respect to the Area the powers, duties, responsihilities, liabilities and obligations of each of the local authOl'ities under their resnective authorizing Acts, - (

b) the participating local authorities 'cease to have, with respect to the Area, the powers, duties, respon sibilities, liabilities and obligations of the Commun ity Board referred to in clause (a), (

c) a reference in a provision of any authorizing Act to a participating local authority shall, with respect to the Area, be read as a reference to the Commun ity Board, (

d) a reference in an authorizing A,ct to the territorial limits or corporate area of a participating local authority shall be deemed to be, with respect to the Community Board, a reference to the Com munity Health and Social Services Centre Area, and (

e) a reference in any enactment, other than an author izing Act, to a participating local authority or its territory or corporate area shall, to the extent that it applies to a Community Health and Social Ser vices Centre Area and relates to the provision of health and social services, be deemd to he a reference to the Community Board and the area respecti vely.

(2) The Plan operates according to its provisions and this Act, notwithstanding the authorizing Acts or any other Acts. 6.

(1) In addition to the powers conferred on it by

section 14 of The

Interpretation Act and by the Plan, the Community Health and Social Services Centre Board may, subject to the Plan and except as otherwise provided in the Plan, (

a) make rules respecting the calling of its meetings and the conduct of bus'iness thereat, and generally as to the conduct of its business and affairs; 7

5. Effect of a Plan. 6. Powers of a Community Health and Social Services Centre Board. 7

(

b) appoint such employees as it considers necessary and prescribe their duties and their salaries or remuneration and conditions of 'employment; (

c) obtain the services of any agents or of any advisers or persons providing technical or professional services of a kind required by the Community Board in connection with its business and affairs; (

d) purchaS'e, hold, sell or otherwise dispose of any estate or interest in land; (

e) acquire by gift or devise any estate or interest in land and hold and alienate it, subject to the terms of any trust upon which it may be held; (

f) make such banking arrangements as are necessary for the carrying out of its duties and functions; (

g) draw, make, accept, endorse, execute and issue promissory notes, bills of exchange and other nego tiable or transferable instruments; (

h) subject to the terms of any trust upon which it may be held, invest in such manner as the Community Board considers proper, all moneys that come into the hands of the Community Board and that are not then required to be expended; (

i) act as trustee of any moneys or property given or bequeathed to the Community Board or a partici pating local authority for or in connection with the provisiDn of health and social services; (

j) may from Hme to time borrow money from any person or enter into overdraft arrangements with a chartered bank or treasury branch for the purpos'e of meeting its obligations as they become due, and may give security for the repayment of such moneys; (

k) enter into any agreement with any other local authority necessary or incidental to the operation of the Plan; (1) exercise or perfDrm any power or duty conferred or imposed on it by the Plan.

(2) A Community Board may ex'ercise and perform the powers and duties of a participating local authority in ac cordance with a Plan notwithstanding that the participa ting IDcal authDr'ity ceases to' exist on Dr after the effective date of the Plan or of an amendment to the Plan pursuant to

section 7, as the 'case may be. 7.

(1) Subject to subsections (2) and (3), the Lieu tenant Governor in Council may from time to time by order amend a Community Health and Social Services Centre Plan. S

7. Amendments to Plans. 8

(2) An order shall not be made under subsection (1) to amend a Plan unless any prior approvals required under the Plan for that amendn1ent and referred to in

section 4, subsection (1), clause (

a) have been obtained.

(3) A Plan shall not be amended during the initial term of the Plan where the effect of the amendment would be to remove a then existing partici,pating local authority from the operation of the Plan, (

a) unless a vote of the electors in the Community Health and Social Services Centre Area is conducted by the Community Board on the question of whether the amendment should be made or not and the 'electors vote in favor of the amendment, or (

b) unless an amendment is approved by an unanimous vote of the Community Board.

(4) The Municipal Election Act applies with the neces sary modifications to a vote conducted by a Community Health and Social Services Centre Board under subsection (3) .

(5) The Lieutenant Governor in Council may not amend a Plan to include as a participating local authority (

a) a hospital district, or (

b) the owner of a non-district hospital, or (

c) a nursing home district or an auxiliary hospital and nursing home district under The Nursing Homes Act, unless the amendment is approved by the Minister and the Community Board in addition to any other approvals that may be required pursuant to the Plan.

(6) Nothing in this

section shall be construed as pre cluding the amendment of a Plan during or after its initial term in order to include additional participating local authoriti'es other than those mentioned in subsection (5).

(7) Notwithstanding subsections (1) to (4), the Lieu tenant Governor in Council may make an order (

a) establishing a new Community Health and Social Services Centre Plan for the purpose of consoli dating an existing Plan and subs'equent amend ments to it, or (

b) amending a Plan to correct a typographical error or drafting error. 8.

(1) Subject to subsections (2) and (3), the Lieu tenant Governor in Council may terminate a Community Health and Social Services Oentre Plan.

(2) An order shall not be made under this

section for the termination of a Plan as of a date during the initial 9

8. Termination of a Plan. 9

term of the Plan unless the then existing participating local authorities unanimously approve of the termination.

(3) An order shall not be made under this

section for the termination of a Plan as of a date subs'equent to the initial term of the Plan unless the Community Board conducts a vote of the electors in the Community Health and Social Services Centre Area on the question of whether the Plan should be terminated or not, and the electors vote in favour of terminating the Plan.

(4) The Municipal Election Act applies with the neces sary modifications to a vote conducted by a Community Board under subsection (3).

(5) Where the Lieutenant Governor in Council makes an order terminating a Plan, the order may provide for (

a) any matter in connection with the dissolution of the Community Board and the winding up of its affairs, (

b) the transfer, sale or other disposition of the assets of the Community Board and the assumption of its liabilities and responsibilities, (

c) the transfer of all or any 'Of the Community Board's employees to any of the participating local author ities, (

d) any matter pertaining to the pension plan or ar rangements for the Community Board's employees, and (

e) any other matter in connection with or incidental to the termination of the Plan. 9. The Lieutenant Governor in Council may make reg ulations (

a) prescribing limits, on the basis of population or size, or any combination thereof, of a Community Health and Social Services Centre Area; (

b) prescribing terms and conditions that shall be contained in any Plan established under this Act; (

c) respecting any other matter necessary to carry out this Act in accordance with its intent. 10. The Department of Health and Social Development Act is amended by striking out sections 12 to 17 and the heading preceding them. 11. This Act comes into force on the day upon which it is assented to. 10

10. This will amend

chapter 25 of the Statutes of Alberta, 1971 to remove the proVll:sions under the heading "Composite Health and Social Services Plans". 10 Title: 1973 (17th, 2nd) Bill 219, The Community Health and Social Services Centres Act

Document details

Collection	Alberta — Bills
Citation	L17 S2 5250
Type	bill
Volume / chapter	L17 S2 5250
Language	en
Format	json
Source	PROVINCIAL
Identifier	85a60ee52cc08d32ae6da6cffa50b86b269a3be6

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