Bill 55 — First Session, 31St Legislature, 3 Charles Iii the Legislative Assembly of Alberta Bill 55 Health Statutes Amendment Act, 2025 (Legislature 31, Session 1)

L31 S1 12083

Alberta — Bills

2025 Bill 55 First Session, 31st Legislature, 3 Charles III THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 55 HEALTH STATUTES AMENDMENT ACT, 2025 THE MINISTER OF HEALTH First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 55 BILL 55 2025 HEALTH STATUTES AMENDMENT ACT, 2025 ( A s s e n t e d t o , 2 0 2 5 ) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Access to Information Act Amends SA 2024 cA-1.4 1(1) The Access to Information Act is amended by this section.

(2) Section 1(

i) is amended (

a) by repealing subclause (

i) and substituting the following: (

i) a hospital operator of a health services sector in an approved hospital under the Provincial Health Agencies Act, other than a hospital operator that is a provincial health agency, regional health authority or provincial health corporation under the Provincial Health Agencies Act, (

b) by repealing subclause (

i) and substituting the following: (

i) a hospital operator of a health services sector in an approved hospital under the Provincial Health Agencies Act, other than a hospital operator that is a provincial health agency or provincial health corporation under the Provincial Health Agencies Act,

1 Explanatory Notes Explanatory Notes Access to Information Act 1(1) Amends

chapter A-1.4 of the Statutes of Alberta, 2024.

(2) Section 1(

i) presently reads in part: 1 In this Act, (i) “health care body” means (

i) the board of an approved hospital as defined in the Hospitals Act other than an approved hospital that is owned or operated by a provincial health agency or regional health authority under the Provincial Health Agencies Act, (iv) a provincial health board established under the Provincial Health Agencies Act, (

v) a regional health authorit y under the Provincial Health Agencies Act, (vi) a community health c ouncil established under the Provincial Health Agencies Act,

2 (

c) by repealing subclause (iv) and substituting the following: (iv) a provincial health corporation under the Provincial Health Agencies Act, (

d) by repealing subclause (v); (

e) by repealing subclause (vi). Alberta Evidence Act Amends RSA 2000 cA-18 2(1) The Alberta Evidence Act is amended by this section.

(2) Section 9(1)(b)(

i) is amended (

a) in paragraph (

A) by striking out “or regional health authority”; (

b) by adding the following after paragraph (A): (A.1) a provincial health corporation under the Provincial Health Agencies Act, (

c) by repealing paragraph (

D) and substituting the following: (

D) a hospital operator under the Provincial Health Agencies Act, or

(3) Section 40(4) is amended (

a) in clause (

g) by striking out “or regional health authority”; (

b) by adding the following after clause (g): (

h) a provincial health corporation under the Provincial Health Agencies Act.

2 Explanatory Notes Alberta Evidence Act 2(1) Amends

chapter A-18 of the Revised Statutes of Alberta 2000.

(2) Section 9(1)(b)(

i) presently reads in part: 9(1) In this section, (b) “quality assurance co mmittee” means a committee, commission, council or other body that has as its primary purpose the carrying out of quality assurance activities and that is (

i) appointed by (

A) a provincial health agency or regional health authority under the Provincial Health Agencies Act, (

D) the board of an approved hospital under the Hospitals Act, or

(3) Section 40(4) presently reads in part: (4) Subsection (3) does not apply in any case where a photographic print is tendered by (

g) a provincial health agency or regional health authority under the Provincial Health Agencies Act.

3 Alberta Health Act Amends SA 2010 cA-19.5 3(1) The Alberta Health Act is amended by this section.

(2) Section 1(

j) is repealed. (3)

Section 2(1) is amended by striking out “regional health authorities,”.

(4) Section 7(1) is repealed and the following is substituted: Roles and responsibilities 7(1) Subject to and in accordance with applicable enactments, provincial health agencies are responsible for delivering health services and for overseeing and coordinating the delivery of health services in the health services sector or sectors for which they are established.

(5) Sections 8 and 9(1) are amended (

a) by striking out “regional health authority,”; (

b) by adding “provincial health corporation,” before “health provider”.

3 Explanatory Notes Alberta Health Act 3(1) Amends

chapter A-19.5 of the Statutes of Alberta, 2010.

(2) Section 1(

j) presently reads: 1 In this Act, (j) “regional health authorit y” means a regional health authority under the Provincial Health Agencies Act.

(3) Section 2(1) presently reads: 2(1) The Minister shall establish a Health Charter to guide the actions of provincial health agencies, regional health authorities, provincial health corporations, operators, health providers, professional colleges, Albertans, and any other persons specified in the regulations.

(4) Section 7(1) presently reads: 7(1) Subject to and in accordance with applicable enactments, provincial health agencies and regional health authorities are responsible for delivering health services.

(5) Sections 8 and 9(1) presently read in part: 8 To enable the Minister to report to the public on the status of the health system, the Minister may, by order, direct a provincial health agency, regional health authority, health provider, professional college or operator or any other person involved in the provision of a health service to report to the Minister in the form and manner directed by the Minister on any one or more of the following as specified, and to the extent provided, in the order: 9(1) Subject to the regulations, the Minister may, by order, direct a provincial health agency, regional health authority, health provider, professional college or operator or any other person involved in the provision of a health service to do any one or more of the following as specified, and to the extent provided, in the order:

4 Alberta Health Care Insurance Act Amends RSA 2000 cA-20 4(1) The Alberta Health Care Insurance Act is amended by this section.

(2) Section 1 is amended (

a) in clause (i)(

i) by striking out “Alberta Dental Association and College” and substituting “College of Dental Surgeons of Alberta”; (

b) in clause (p)(

i) by striking out “Alberta College and Association of Opticians” and substituting “College of Opticians of Alberta”.

(3) Section 9(2)(

b) is amended by striking out “Alberta Dental Association and College” and substituting “College of Dental Surgeons of Alberta”.

(4) Section 20.3(2)(

b) is amended (

a) by adding “, provincial health corporation” after “regional health authority”; (

b) by striking out “, regional health authority”.

4 Explanatory Notes Alberta Health Care Insurance Act 4(1) Amends

chapter A-20 of the Revised Statutes of Alberta 2000.

(2) Section 1 presently reads in part: 1 In this Act, (i) “dentist” means, (

i) with reference to goods and se rvices provided in Alberta, a regulated member of the Alberta Dental Association and College under the Health Professions Act who holds a practice permit respecting the practice of dentistry, and (p) “optician” means (

i) with reference to goods and se rvices provided in Alberta, a person who is a regulated member of the Alberta College and Association of Opticians and who holds a practice permit respecting the practice of dispensing of eye glasses or contact lenses, and

(3) Section 9(2)(

b) presently reads:

(2) If a physician or dentist contravenes subsection (1), the Minister may, (

b) in the case of a 2nd or s ubsequent contravention, refer the contravention to the College or the Alberta Dental Association and College, as the case may be, and

(4) Section 20.3(2)(

b) presently reads:

(2) The Lieutenant Governor in Council may, by regulation, require the following health entities to disclose to the Minister, subject to the regulations and in the form and manner determined by the Minister or under the regulations, the information, documents and records, including practitioners’ personal information, required by the regulations with respect to any funding received, payments made or benefits provided by that health entity in respect of publicly funded health services and in respect of practitioners:

(5) Section 22 is amended (

a) in subsection (7)(

j) by striking out “established under the Hospitals Act” and substituting “continued under the Provincial Health Agencies Act”; (

b) in subsection (20) (

i) in clause (

b) by striking out “Alberta Dental Association and College” and substituting “College of Dental Surgeons of Alberta”; (ii) in clause (

g) by striking out “Alberta College and Association of Opticians” and substituting “College of Opticians of Alberta”; (iii) in clause (

h) by striking out “Physiotherapy Alberta College + Association” and substituting “College of Physiotherapists of Alberta”; (iv) in clause (

i) by striking out “College and Association of Registered Nurses of Alberta” and substituting “College of Registered Nurses of Alberta”. Alberta Sovereignty within a United Canada Act Amends SA 2022 cA-33.8 5(1) The Alberta Sovereignty within a United Canada Act is amended by this section.

(2) Section 1(

e) is amended (

a) in subclause (

v) by striking out “or regional health authority”; (

b) by adding the following after subclause (v):

5 Explanatory Notes (

b) a provincial health agency, regional health authority and subsidiary health corporation under the Provincial Health Agencies Act;

(5) Section 22(7)(

j) and (20) presently read in part:

(7) The Minister or a person employed in the administration of this Act and authorized by the Minister may disclose information pertaining to the date on which health services were provided and a description of those services, the name and address of the person who provided the services, the registration number of the person who received the services, the benefits paid for those services and the person to whom they were paid, but the information may be disclosed only (

j) to the Hospital Privileges Appeal Board established under the Hospitals Act for the purposes of an appeal to that Board, or

(20) In subsections (18) and (19), “disciplinary body” means (

b) the council or a hearing tribunal of the Alberta Dental Association and College, (

g) the council or a hearing tr ibunal of the Alberta College and Association of Opticians, (

h) the council or a hearing tribunal of the Physiotherapy Alberta College + Association, or (

i) the council or a hearing tribunal of the College and Association of Registered Nurses of Alberta. Alberta Sovereignty within a United Canada Act 5(1) Amends

chapter A-33.8 of the Statutes of Alberta, 2022.

(2) Section 1(

e) presently reads in part: 1 In this Act, (e) “provincial entity” means

6 (v.1) a provincial hea lth corporation under the Provincial Health Agencies Act, Animal Health Act Amends SA 2007 cA-40.2 6(1) The Animal Health Act is amended by this section.

(2) The

Schedule is amended in

section 1 (

a) in clause (

e) by striking out “or regional health authority”; (

b) by adding the following after clause (e): (e.1) a provincial health corporation under the Provincial Health Agencies Act; Auditor General Act Amends RSA 2000 cA-46 7(1) The Auditor General Act is amended by this section.

(2) Section 16 is amended (

a) in subsection (1) (

i) by striking out “ “regional authority” ” and substituting “ “health or education authority” ”; (ii) by striking out “, regional health authority”; (iii) by striking out “, subsidiary health corporation or community health council” and substituting “or subsidiary health corporation”; (

b) in subsections (2), (3) and (4) by striking out “regional authority” wherever it occurs and substituting “health or education authority”.

6 Explanatory Notes (

v) a provincial health agency or regional health authority under the Provincial Health Agencies Act, Animal Health Act 6(1) Amends

chapter A-40.2 of the Statutes of Alberta, 2007.

(2) The

Schedule presently reads in part: 1 The following are authorized persons for the purposes of

section 1(

e) of this Act: (

e) a provincial health agency or regional health authority under the Provincial Health Agencies Act; Auditor General Act 7(1) Amends

chapter A-46 of the Revised Statutes of Alberta 2000.

(2) Section 16 presently reads in part: 16(1) In this section, “regional authority” means a board under the Education Act or a provincial health agency, regional health authority, provincial health corporation, subsidiary health corporation or community health council under the Provincial Health Agencies Act.

(2) If the Auditor General is not the auditor of a regional authority, the person appointed as auditor (

a) must give the Auditor Genera l, as soon as practicable after completing the audit of the regional authority, a copy of the person’s findings and recommendations and a copy of the audited financial statements and all other audited information respecting the regional authority,

(3) A regional authority must give a person appointed as auditor of the regional authority any information the person requires for the purposes of subsection (2).

7 (3)

Section 19(4) is amended by striking out “regional authorities” and substituting “health or education authorities”. Child and Youth Advocate Act Amends SA 2011 cC-11.5 8(1) The Child and Youth Advocate Act is amended by this section. (2) Sections 9(8) and 9.1(9) are amended (

a) in clause (

h) by striking out “or regional health authority”; (

b) by adding the following after clause (h): (h.1) any relevant provincial health corporation under the Provincial Health Agencies Act;

(3) Section 14.1(2) and (3) are amended (

a) in clause (

c) by striking out “or regional health authority”; (

b) by adding the following after clause (c): (c.1) any relevant provincial health corporation under the Provincial Health Agencies Act;

7 Explanatory Notes

(4) If the Auditor General is not the auditor of a regional authority, the Auditor General may rely on the report and work of the person appointed as auditor.

(3) Section 19(4) presently reads:

(4) After the end of a fiscal year of the Crown, the Auditor General shall report to the Legislative Assembly on the results of the examinations of the regional authorities referred to in

section 16. Child and Youth Advocate Act 8(1) Amends

chapter C-11.5 of the Statutes of Alberta, 2011. (2) Sections 9(8) and 9.1(9) presently read in part: 9(8) In conducting an investigation under subsection (2)(d), the Advocate must, at the commencement and the conclusion of the investigation, make reasonable efforts to notify the following persons of, as the case may be, the commencement or conclusion of the investigation: (

h) any relevant provincial he alth agency or regional health authority under the Provincial Health Agencies Act; 9.1(9) In conducting a review under this section, the Advocate must, at the commencement and the conclusion of the review, make reasonable efforts to notify the following persons of, as the case may be, the commencement or conclusion of the review: (

h) any relevant provincial he alth agency or regional health authority under the Provincial Health Agencies Act;

(3) Section 14.1(2) and (3) presently read in part: 14.1(2) The following persons notified under

section 9(8) of the commencement of an investigation under

section 9(2)(

d) who have information or records that are or may be relevant to the investigation under

section 9(2)(

d) must, on being notified, provide that information or those records forthwith to the Advocate: (

c) any relevant provincial he alth agency or regional health authority under the Provincial Health Agencies Act;

8 Child, Youth and Family Enhancement Act Amends RSA 2000 cC-12 9(1) The Child, Youth and Family Enhancement Act is amended by this section.

(2) Section 109(1)(

b) is repealed and the following is substituted: (

b) a hospital operator under the Provincial Health Agencies Act or the hospital operator’s designate, Conflicts of Interest Act Amends RSA 2000 cC-23 10(1) The Conflicts of Interest Act is amended by this section.

(2) Section 1(1)(

h) is amended (

a) by striking out “, a regional health authority”; (

b) by adding “, a provincial health corporation” before “and a subsidiary health corporation”.

(3) Section 23.921(1)(

b) is amended

8 Explanatory Notes

(3) The following persons notified under

section 9.1(9) of the commencement of a review under

section 9.1 who have information or records that are or may be relevant to the review under

section 9.1 must, on being notified, provide that information or those records forthwith to the Advocate: (

c) any relevant provincial he alth agency or regional health authority under the Provincial Health Agencies Act; Child, Youth and Family Enhancement Act 9(1) Amends

chapter C-12 of the Revised Statutes of Alberta 2000.

(2) Section 109(1)(

b) presently reads: 109(1) Notwithstanding

Part XXII of the Criminal Code (Canada), the Court may issue a subpoena requiring (

b) a board under the Hospitals Act or the board’s designate, to produce any documents, records or other information the person has in the person’s possession or under the person’s control that may relate to the proceedings before the Court with respect to a child. Conflicts of Interest Act 10(1) Amends

chapter C-23 of the Revised Statutes of Alberta 2000.

(2) Section 1(1)(

h) presently reads: 1(1) In this Act, (h) “Provincial agency” means a Provincial agency as defined in the Financial Administration Act, and includes a management body within the meaning of the Alberta Housing Act and a provincial health agency, a regional health authority and a subsidiary health corporation under the Provincial Health Agencies Act;

(3) Section 23.921(1)(

b) presently reads:

9 (

a) by striking out “, regional health authorities”; (

b) by adding “, provincial health corporations” before “and subsidiary health corporations”.

(4) The

Schedule is amended in

Part 3 (

a) by striking out “Provincial Health Corporation” and substituting “Provincial Health Corporations”; (

b) by striking out “Regional Health Authority under the Provincial Health Agencies Act”. Continuing Care Act Amends SA 2022 cC-26.7 11(1) The Continuing Care Act is amended by this section.

(2) Section 3(2)(

a) is amended by striking out “Hospitals Act” and substituting “Provincial Health Agencies Act”. Covenant Health Act Amends SA 1992 c39 12(1) The Covenant Health Act is amended by this section.

(2) Section 2(1) is amended (

a) in clause (a) (

i) by striking out “hospitals” and substituting “approved hospitals”; (ii) by striking out “homes for the aged” and substituting “continuing care homes or supportive living

9 Explanatory Notes 23.921(1) Except as set out under this section, this Part applies in respect of the following public agencies: (

b) provincial health agencies, regional health authorities and subsidiary health corporations under the Provincial Health Agencies Act;

(4) The

Schedule presently reads in part:

Part 3 Other Disqualifying Offices The office of chair or member of any of the following: Provincial Health Corporation under the Provincial Health Agencies Act Regional Health Authority under the Provincial Health Agencies Act Continuing Care Act 11(1) Amends

chapter C-26.7 of the Statutes of Alberta, 2022.

(2) Section 3(2)(

a) presently reads:

(2) The following are not considered to be continuing care homes or supportive living accommodations under this Act: (

a) approved hospitals under the Hospitals Act; Covenant Health Act 12(1) Amends

chapter 39 of the Statutes of Alberta, 1992.

(2) Section 2(1) presently reads in part: 2(1) The objects of the corporation are: (

a) to undertake and carry on charitable institutions, works and activities consisting of the operations of hospitals, missions, health care facilities of any kind or nature, schools, dispensaries, homes for the aged, homes for the handicapped and the like; to impart education and medical and other

10 accommodations as defined in the Continuing Care Act”; (

b) in clause (

b) by striking out “general acute care hospitals, auxiliary hospitals, nursing homes” and substituting “approved hospitals under the Provincial Health Agencies Act and continuing care homes as defined in the Continuing Care Act”. COVID-19 Related Measures Act Amends SA 2021 cC-31.3 13(1) The COVID-19 Related Measures Act is amended by this section.

(2) Section 1(1) is amended (

a) by adding the following after clause (d.1): (d.2) “provincial health corporation” means a provincial health corporation under the Provincial Health Agencies Act; (

b) in clause (e) (

i) by adding the following after subclause (i.1): (i.2) a provincial health corporation, or a member, employee or agent of a provincial health corporation; (ii) by repealing subclause (ii); (

c) by repealing clause (

f) and substituting the following: (f) “regional health author ity” means a regional health authority referred to in

section 3 of the Provincial Health Agencies Act as it read immediately before the coming into force of

section 45(17) of the Health Statutes Amendment Act, 2025.

(3) Section 2 is amended by adding the following after clause (a.1):

10 Explanatory Notes training; and generally to care for the aged, sick, handicapped and unfortunate; (

b) to provide and offer health care activities, facilities and programs of all kinds, including without limitation general acute care hospitals, auxiliary hospitals, nursing homes, geriatric rehabilitation facilities, hostels, family care programs, educational programs, and schools of nursing; COVID-19 Related Measures Act 13(1) Amends

chapter C-31.3 of the Statutes of Alberta, 2021.

(2) Section 1(1) presently reads in part: 1(1) In this Act, (e) “public health gui dance” means any advice, recommendations, directives, guidance or instructions given or made in respect of public health, regardless of the form or manner of their communication, by any of the following: (ii) a regional health authorit y, or a member, employee or agent of a regional health authority; (f) “regional health authorit y” means a regional health authority under the Provincial Health Agencies Act.

(3) Section 2 presently reads in part: 2 Subject to the regulations, this Act applies in respect of the following:

11 (a.2) a provincial health corporat ion, including a member, officer, employee, agent, contractor and subcontractor of a provincial health corporation; (4) Sections 4(1) and (2) and 6 are amended by adding “, provincial health corporation” after “regional health authority” wherever it occurs.

11 Explanatory Notes

(4) Sections 4 and 6 presently read in part: 4(1) Subject to sections 6 and 7 and the regulations, no action for damages lies or shall be commenced or maintained against a health service facility, provincial health agency, regional health authority or person referred to in

section 2 as a direct or indirect result of an individual being or potentially being infected with or exposed to COVID-19 on or after March 1, 2020 as a direct or indirect result of

an act or omission of a health service facility, provincial health agency, regional health authority or person, as the case may be, if (

a) at the relevant time, the health service facility, provincial health agency, regional health authority or person, as the case may be, acted or made a good-faith effort to act in accordance with (

i) public health guidance re lating to COVID-19 that applied to the health service facility, provincial health agency, regional health authority or person, as the case may be, and (ii) any federal, provincial or municipal law relating to COVID-19 that applied to the health service facility, provincial health agency, regional health authority or person, as the case may be, and (

b) the act or omission of the he alth service facility, provincial health agency, regional health authority or person, as the case may be, does not constitute gross negligence. (2) Subsection (1) applies notwithstanding any conflict or inconsistency in the public health guidance or laws applicable to the health service facility, provincial health agency, regional health authority or person referred to in

section 2. 6

Section 4 does not apply to acts or omissions of a health service facility, provincial health agency, regional health authority or person referred to in

section 2 if the act or omission

12 Crown’s Right of Recovery Act Amends SA 2009 cC-35 14(1) The Crown’s Right of Recovery Act is amended by this section. (2) Sections 1(1)(g)(

i) and 41(1)(e)(

i) are repealed and the following is substituted: (

i) in-patient and out-patient services provided (

A) inside Alberta in an approved hospital under the Provincial Health Agencies Act or other hospital or facility, or (

B) outside Alberta in a hospital or other facility; Election Act Amends RSA 2000 cE-1 15(1) The Election Act is amended by this section.

(2) Section 1(1)(II) is repealed and the following is substituted: (ll) “treatment centre” mean s any of the following that provide medical treatment or care on an in-patient basis: (

i) an approved hospital under the Provincial Health Agencies Act;

12 Explanatory Notes (

a) occurred while a law required the operation of the health service facility, provincial health agency, regional health authority or person, as the case may be, to close, in whole or in part, and (

b) relates to an aspect of th e operation of the health service facility, provincial health agency, regional health authority or person, as the case may be, that was required to close under the law. Crown’s Right of Recovery Act 14(1) Amends

chapter C-35 of the Statutes of Alberta, 2009. (2) Sections 1(1)(g)(

i) and 41(1)(e)(

i) presently read: 1(1) In this Part, (g) “health services” means the following, whether provided inside or outside Alberta: (

i) in-patient and out-patient services provided in a hospital or other facility; 41(1) In this Part, (e) “health services” means the following, whether provided inside or outside Alberta: (

i) in-patient and out-patient services provided in a hospital or other facility; Election Act 15(1) Amends

chapter E-1 of the Revised Statutes of Alberta 2000.

(2) Section 1(1)(ll) presently reads: 1(1) In this Act, (ll) “treatment centre” means

13 (ii) a facility under the Mental Health Act; (iii) a facility not referred to in subclause (

i) or (ii); Election Finances and Contributions Disclosure Act Amends RSA 2000 cE-2 16(1) The Election Finances and Contributions Disclosure Act is amended by this section.

(2) Section 1(1)(l)(

i) is amended (

a) by striking out “, a regional health authority”; (

b) by adding “, a provincial health corporation” before “and a subsidiary health corporation”. Emergency Health Services Act Amends SA 2008 cE-6.6 17(1) The Emergency Health Services Act is amended by this section.

(2) Section 1 is amended (

a) by repealing clause (

d) and substituting the following: (d) “ambulance operator” means a person, including a provincial health agency, regional health authority or provincial health corporation, that owns or operates an ambulance operation; (

b) by repealing clause (

d) and substituting the following: (d) “ambulance operator” means a person, including a provincial health agency or provincial health

13 Explanatory Notes (

i) a hospital or a facility unde r the Mental Health Act, or (ii) any facility not referred to in subclause (i), providing medical treatment or care on an in-patient basis; Election Finances and Contributions Disclosure Act 16(1) Amends

chapter E-2 of the Revised Statutes of Alberta 2000.

(2) Section 1(1)(l)(

i) presently reads: 1(1) In this Act, (l) “prohibited corporation” means (

i) a Provincial corporation as defined in the Financial Administration Act, and includes a management body within the meaning of the Alberta Housing Act and a provincial health agency, a regional health authority and a subsidiary health corporation under the Provincial Health Agencies Act, Emergency Health Services Act 17(1) Amends

chapter E-6.6 of the Statutes of Alberta, 2008.

(2) Section 1 presently reads in part: 1 In this Act, (d) “ambulance operator” means a person, including a regional health authority, that owns or operates an ambulance operation; (m) “health region” means, in respect of a regional health authority, the health region that the regional health authority administers under the Provincial Health Agencies Act; (q) “regional health authorit y” means a regional health authority under the Provincial Health Agencies Act;

14 corporation, that owns or operates an ambulance operation; (

c) by repealing clause (m); (

d) by adding the following after clause (p.1): (p.2) “provincial health agen cy” means a provincial health agency under the Provincial Health Agencies Act; (p.3) “provincial health corporation” means a provincial health corporation under the Provincial Health Agencies Act; (

e) by repealing clause (q).

(3) Section 2 is amended (

a) by striking out the portion preceding clause (

a) and substituting the following: Duty to provide emergency health services 2 A provincial health agency, regional health authority or provincial health corporation shall provide emergency health services in the health region in accordance with (

b) by striking out the portion preceding clause (

a) and substituting the following: Duty to provide emergency health services 2 A provincial health agency or provincial health corporation shall provide emergency health services in accordance with

(4) Section 3 is amended (

a) by repealing subsections (1) and (2) and substituting the following: Proposal for emergency health services plan 3(1) A provincial health agency, regional health authority or provincial health corporation shall, on or before the date specified by the Minister, prepare and submit to the Minister a proposal for an emergency health services plan for the health region.

14 Explanatory Notes

(3) Section 2 presently reads: 2 A provincial health agency, regional health authority or provincial health corporation shall provide emergency health services in the health region in accordance with (

a) this Act and the regulations, and (

b) an emergency health services plan.

(4) Section 3 presently reads in part: 3(1) A regional health authority shall, on or before the date specified by the Minister, prepare and submit to the Minister a proposal for an emergency health services plan for the health region.

(2) In the course of preparing a proposal for an emergency health services plan, the regional health authority shall consult any persons or bodies that the Minister directs to be consulted.

(2) In the course of preparing a proposal for an emergency health services plan, the provincial health agency, regional health authority or provincial health corporation shall consult any persons or bodies that the Minister directs to be consulted. (

b) by repealing subsections (1) and (2) and substituting the following: Proposal for emergency health services plan 3(1) A provincial health agency or provincial health corporation shall, on or before the date specified by the Minister, prepare and submit to the Minister a proposal for an emergency health services plan.

(2) In the course of preparing a proposal for an emergency health services plan, the provincial health agency or provincial health corporation shall consult any persons or bodies that the Minister directs to be consulted.

(5) Section 4 is amended (

a) by repealing subsections (1) to (3) and substituting the following: Approval or amendment of plan 4(1) On considering a proposal for an emergency health services plan, the Minister may (

a) approve the proposal in whole or in part, (

b) amend the proposal and approve it as amended, or (

c) refer the proposal back to the provincial health agency, regional health authority or provincial health corporation with directions to take any further action the Minister considers appropriate.

(2) A proposal for an emergency health services plan that is referred back to a provincial health agency, regional health authority or provincial health corporation under subsection (1)(

c) must be resubmitted to the Minister as directed by the Minister, and when it is resubmitted subsection (1) applies.

15 Explanatory Notes

(5) Section 4 presently reads in part: 4(1) On considering a proposal for an emergency health services plan, the Minister may (

a) approve the proposal in whole or in part, (

b) amend the proposal and approve it as amended, or (

c) refer the proposal back to th e regional health authority with directions to take any further action the Minister considers appropriate.

(2) A proposal for an emergency health services plan that is referred back to a regional health authority under subsection (1)(

c) must be resubmitted to the Minister as directed by the Minister, and when it is resubmitted subsection (1) applies.

(3) A regional health authority (

a) may of its own motion submit to the Minister a proposal to amend an emergency health services plan, and (

b) shall on the written request of the Minister submit to the Minister, within the time specified by the Minister, a proposal

(3) A provincial health agency, regional health authority or provincial health corporation (

a) may of its own motion submit to the Minister a proposal to amend an emergency health services plan, and (

b) shall on the written request of the Minister submit to the Minister, within the time specified by the Minister, a proposal to amend an emergency health services plan in respect of matters specified by the Minister. (

b) by repealing subsections (1) to (3) and substituting the following: Approval or amendment of plan 4(1) On considering a proposal for an emergency health services plan, the Minister may (

a) approve the proposal in whole or in part, (

b) amend the proposal and approve it as amended, or (

c) refer the proposal back to the provincial health agency or provincial health corporation with directions to take any further action the Minister considers appropriate.

(2) A proposal for an emergency health services plan that is referred back to a provincial health agency or provincial health corporation under subsection (1)(

c) must be resubmitted to the Minister as directed by the Minister, and when it is resubmitted subsection (1) applies.

(3) A provincial health agency or provincial health corporation (

a) may of its own motion submit to the Minister a proposal to amend an emergency health services plan, and (

b) shall on the written request of the Minister submit to the Minister, within the time specified by the Minister, a proposal to amend an emergency health services plan in respect of matters specified by the Minister.

(6) Section 5 is repealed and the following is substituted:

16 Explanatory Notes to amend an emergency health services plan in respect of matters specified by the Minister.

(6) Section 5 presently reads:

17 Commencement of responsibility 5 A provincial health agency, regional health authority or provincial health corporation becomes responsible for discharging its duty under

section 2 on the date specified by the Minister.

(7) Section 5 is repealed and the following is substituted: Commencement of responsibility 5 A provincial health agency or provincial health corporation becomes responsible for discharging its duty under

section 2 on the date specified by the Minister.

(8) Section 6 is repealed and the following is substituted: Agreements to provide services 6 Subject to the emergency health services plan and the approval of the Minister, a provincial health agency, regional health authority or provincial health corporation may enter into an agreement with any person respecting the provision by the provincial health agency, regional health authority or provincial health corporation of emergency health services within or outside its health region.

(9) Section 6 is repealed and the following is substituted: Agreements to provide services 6 Subject to the emergency health services plan and the approval of the Minister, a provincial health agency or provincial health corporation may enter into an agreement with any person respecting the provision by the provincial health agency or provincial health corporation of emergency health services.

(10) Section 12 is amended (

a) by repealing subsection (2) and substituting the following:

(2) The Registrar shall give the ambulance operator 60 days’ notice of any intended action under subsection (1) and the reasons for it and shall provide a copy of the notice to any provincial health agency, regional health authority or provincial health corporation with which the ambulance operator has an agreement.

17 Explanatory Notes 5 A regional health authority becomes responsible for discharging its duty under

section 2 on the date specified by the Minister.

(7) Section 5 presently reads: 5 A provincial health agency, regional health authority or provincial health corporation becomes responsible for discharging its duty under

section 2 on the date specified by the Minister.

(8) Section 6 presently reads: 6 Subject to the emergency health services plan and the approval of the Minister, a regional health authority may enter into an agreement with any person respecting the provision by the regional health authority of emergency health services within or outside its health region.

(9) Section 6 presently reads: 6 Subject to the emergency health services plan and the approval of the Minister, a provincial health agency, regional health authority or provincial health corporation may enter into an agreement with any person respecting the provision by the provincial health agency, regional health authority or provincial health corporation of emergency health services within or outside its health region.

(10) Section 12 presently reads in part:

(2) The Registrar shall give the ambulance operator 60 days’ notice of any intended action under subsection (1) and the reasons for it, and shall provide a copy of the notice to any regional health authority with which the ambulance operator has an agreement.

(6) Where the Registrar takes an action under subsection (1), the Registrar shall notify the ambulance operator and any regional health authority with which the ambulance operator has an agreement of the action taken.

18 (

b) by repealing subsection (2) and substituting the following:

(2) The Registrar shall give the ambulance operator 60 days’ notice of any intended action under subsection (1) and the reasons for it and shall provide a copy of the notice to any provincial health agency or provincial health corporation with which the ambulance operator has an agreement. (

c) by repealing subsection (6) and substituting the following:

(6) Where the Registrar takes an action under subsection (1), the Registrar shall notify the ambulance operator and any provincial health agency, regional health authority or provincial health corporation with which the ambulance operator has an agreement of the action taken. (

d) by repealing subsection (6) and substituting the following:

(6) Where the Registrar takes an action under subsection (1), the Registrar shall notify the ambulance operator and any provincial health agency or provincial health corporation with which the ambulance operator has an agreement of the action taken.

(11) Section 14 is amended (

a) by repealing subsection (2) and substituting the following:

(2) A provincial health agency, regional health authority or provincial health corporation shall use one or more dispatch centres in accordance with the regulations and the emergency health services plan for the health region. (

b) by repealing subsection (2) and substituting the following:

(2) A provincial health agency or provincial health corporation shall use one or more dispatch centres in accordance with the regulations and the emergency health services plan.

(12) Section 18 is amended

18 Explanatory Notes (11)

Section 14(2) presently reads:

(2) A regional health authority shall utilize one or more dispatch centres in accordance with the regulations and the emergency health services plan for the health region.

(12) Section 18(1) presently reads:

19 (

a) by repealing subsection (1) and substituting the following: Prohibition — agreement 18(1) Subject to subsection (2), and notwithstanding any licence, no person shall operate an ambulance operation in a health region except under an agreement with a provincial health agency, regional health authority or provincial health corporation. (

b) by repealing subsection (1) and substituting the following: Prohibition — agreement 18(1) Subject to subsection (2), and notwithstanding any licence, no person shall operate an ambulance operation except under an agreement with a provincial health agency or provincial health corporation.

(13) Section 36 is amended (

a) by repealing subsection (3) and substituting the following:

(3) On receiving a copy of the order of the appeal panel, the Registrar shall give written notice of the order to the appellant and to every provincial health agency, regional health authority or provincial health corporation with which the appellant has an agreement. (

b) by repealing subsection (3) and substituting the following:

(3) On receiving a copy of the order of the appeal panel, the Registrar shall give written notice of the order to the appellant and to every provincial health agency or provincial health corporation with which the appellant has an agreement.

(14) Section 40 is amended (

a) by repealing subsection (1) and substituting the following:

19 Explanatory Notes 18(1) Subject to subsection (2), and notwithstanding any licence, no person shall operate an ambulance operation in a health region except under an agreement with a regional health authority.

(13) Section 36(3) presently reads:

(3) On receiving a copy of the order of the appeal panel, the Registrar shall give written notice of the order to the appellant and to every regional health authority with which the appellant has an agreement.

(14) Section 40(1) presently reads: 40(1) On the written request of the Minister, an ambulance operator or a regional health authority shall provide the Minister with any information requested by the Minister.

20 Information 40(1) On the written request of the Minister, a provincial health agency, regional health authority or provincial health corporation shall provide the Minister with any information requested by the Minister. (

b) by repealing subsection (1) and substituting the following: Information 40(1) On the written request of the Minister, a provincial health agency or provincial health corporation shall provide the Minister with any information requested by the Minister.

(15) Section 42 is amended (

a) by repealing subsection (2) and substituting the following:

(2) A provincial health agency, regional health authority or provincial health corporation, the members, agents and employees of a provincial health agency, regional health authority or provincial health corporation and persons contracted by a provincial health agency, regional health authority or provincial health corporation are not liable for the acts or omissions of an ambulance operator, the operator of a first response operation or the agents or employees of an ambulance operator of a first response operation. (

b) by repealing subsection (2) and substituting the following:

(2) A provincial health agency or provincial health corporation, the members, agents and employees of a provincial health agency or provincial health corporation and persons contracted by a provincial health agency or provincial health corporation are not liable for the acts or omissions of an ambulance operator, the operator of a first response operation or the agents or employees of an ambulance operator of a first response operation.

(16) Section 43 is repealed and the following is substituted:

20 Explanatory Notes (15)

Section 42(2) presently reads:

(2) The Crown in right of Alberta, the Crown’s agents and employees, a regional health authority, the members, agents and employees of a regional health authority and persons contracted by the Crown or a regional health authority are not liable for the acts or omissions of an ambulance operator, the operator of a first response operation or the agents or employees of an ambulance operator or the operator of a first response operation.

(16) Section 43 presently reads: 43 No action for damages shall be commenced against the Minister, an employee under the administration of the Minister, an

21 Protection from liability 43(1) In this section, “regional health authority” means a regional health authority referred to in

section 3 of the Provincial Health Agencies Act as it read immediately before the coming into force of

section 45(17) of the Health Statutes Amendment Act, 2025.

(2) No action for damages shall be commenced against a provincial health agency, regional health authority or provincial health corporation, a member, agent or employee of a provincial health agency, regional health authority or provincial health corporation or a person contracted by a provincial health agency, regional health authority or provincial health corporation for anything done or omitted to be done by that person in good faith in the performance of the person’s duties or functions or the exercise of the person’s powers under this Act or the regulations.

(17) Section 44(1) is amended (

a) by repealing clause (

b) a nd substituting the following: (

b) may impose service requirements, standards, protocols and guidelines for a provincial health agency, regional health authority, provincial health corporation or ambulance operator to follow in the provision of emergency health services, (

b) by repealing clause (

b) and substituting the following: (

b) may impose service requirements, standards, protocols and guidelines for a provincial health agency, provincial health corporation or ambulance operator to follow in the provision of emergency health services,

(18) Section 48(1) is amended (

a) by repealing clause (

d) and substituting the following: (

d) respecting records to be kept by provincial health agencies, regional health authorities and provincial health corporations for the purposes of this Act and respecting reports and returns to be submitted to the Minister by a provincial health agency, regional health authority or provincial health corporation;

21 Explanatory Notes agent of the Minister, a regional health authority, a member, agent or employee of a regional health authority or a person contracted by the Minister or a regional health authority for anything done or omitted to be done by that person in good faith in the performance of the person’s duties or functions or the exercise of the person’s powers under this Act or the regulations.

(17) Section 44(1)(

b) presently reads: 44(1) Notwithstanding this Act, the Minister (

b) may impose service require ments, standards, protocols and guidelines for a regional health authority or an ambulance operator to follow in the provision of emergency health services,

(18) Section 48(1) presently reads in part: 48(1) The Minister may make regulations (

d) respecting records to be kept by regional health authorities for the purposes of this Act and respecting reports and returns to be submitted to the Minister by a regional health authority;

22 (

b) by repealing clause (

d) and substituting the following: (

d) respecting records to be kept by provincial health agencies and provincial health corporations for the purposes of this Act and respecting reports and returns to be submitted to the Minister by a provincial health agency or provincial health corporation; (

c) by repealing clause (

f) and substituting the following: (

f) respecting reports and returns and information required to be submitted by an ambulance operator to the Minister, a provincial health agency, a regional health authority or a provincial health corporation; (

d) by repealing clause (

f) and substituting the following: (

f) respecting reports and returns and information required to be submitted by an ambulance operator to the Minister, a provincial health agency or a provincial health corporation; (

e) by repealing clause (

r) a nd substituting the following: (

r) respecting the powers and duties of provincial health agencies, regional health authorities or provincial health corporations for the purposes of this Act and the regulations, including regulations (

i) requiring provincial hea lth agencies, regional health authorities or provincial health corporations to employ or engage medical directors to provide direction and establish medical protocols for the provision of emergency health services, and (ii) respecting the powers, duties and functions of medical directors referred to in subclause (i); (

f) by repealing clause (

r) and substituting the following: (

r) respecting the powers and duties of provincial health agencies or provincial health corporations for the purposes of this Act and the regulations, including regulations

22 Explanatory Notes (

f) respecting reports, returns and information required to be submitted to a regional health authority or the Minister by ambulance operators; (

r) respecting the powers and duties of regional health authorities for the purposes of this Act and the regulations, including regulations (

i) requiring regional health au thorities to employ or engage medical directors to provide direction and establish medical protocols for the provision of emergency health services in the health region, and (ii) respecting the powers, duties and functions of medical directors referred to in subclause (i);

23 (

i) requiring provincial hea lth agencies or provincial health corporations to employ or engage medical directors to provide direction and establish medical protocols for the provision of emergency health services, and (ii) respecting the powers, duties and functions of medical directors referred to in subclause (i); Environmental Protection and Enhancement Act Amends RSA 2000 cE-12 18(1) The Environmental Protection and Enhancement Act is amended by this section.

(2) Section 1(jj)(vi) is amended by striking out “or regional health authority”.

(3) Section 115(3) is amended by striking out “medical officer of health of the health unit or health region under the Provincial Health Agencies Act” and substituting “medical officer of health as appointed by the Minister of Health”. Family and Community Support Services Act Amends RSA 2000 cF-3 19(1) The Family and Community Support Services Act is amended by this section.

(2) Section 1(b)(iv) is amended (

a) by striking out “hospital board or a” and substituting “hospital operator or”;

23 Explanatory Notes Environmental Protection and Enhancement Act 18(1) Amends

chapter E-12 of the Revised Statutes of Alberta 2000.

(2) Section 1(jj)(vi) presently reads: 1 In this Act, (jj) “local authority” means (vi) a provincial health agen cy or regional health authority under the Provincial Health Agencies Act,

(3) Section 115(3) presently reads:

(3) The inspector, investigator or Director shall forthwith notify Alberta Public Safety Services, the local authority of the municipality in which the substance is located and the medical officer of health of the health unit or health region under the Provincial Health Agencies Act in which the substance is located of the emergency measures taken under subsection (1). Family and Community Support Services Act 19(1) Amends

chapter F-3 of the Revised Statutes of Alberta 2000.

(2) Section 1(b)(iv) presently reads: 1 In this Act, (b) “municipality” means

24 (

b) by striking out “or regional health authority”. Fatality Inquiries Act Amends RSA 2000 cF-9 20(1) The Fatality Inquiries Act is amended by this section.

(2) Section 21(3)(

b) is repealed and the following is substituted: (

b) a patient as defined in the Provincial Health Agencies Act. Financial Administration Act Amends RSA 2000 cF-12 21(1) The Financial Administration Act is amended by this section.

(2) Section 1(1)(

e) and (

r) are amended (

a) by striking out “, regional health authority”; (

b) by adding “, provincial health corporation” before “or subsidiary health corporation”.

24 Explanatory Notes (iv) a school board, a hospital board or a provincial health agency or regional health authority under the Provincial Health Agencies Act in respect of a national park of Canada, or Fatality Inquiries Act 20(1) Amends

chapter F-9 of the Revised Statutes of Alberta 2000.

(2) Section 21(3)(

b) presently reads:

(3) Notwithstanding any other Act, regulation or other law, a medical examiner is entitled to inspect and make copies of any diagnosis, record or information relating to (

b) a patient under the Hospitals Act. Financial Administration Act 21(1) Amends

chapter F-12 of the Revised Statutes of Alberta 2000.

(2) Section 1(1)(

e) and (

r) presently read in part: 1(1) In this Act, (e) “Crown-controlled organization” means, unless subsection (3) applies, (iv) a corporation that is a subsidiary of a corporation described in subclause (ii) or (iii) or that is controlled by a corporation described in subclause (ii) or (iii) directly or indirectly through one or more intermediary corporations, but does not include a provin cial health agency, regional health authority or subsidiary health corporation under the Provincial Health Agencies Act; (r) “Provincial corporation” means (iii) a corporation that is a subsidiary of a corporation referred to in subclause (

i) or (ii) or that is controlled by a

25 (3)

Section 2(5)(

i) is amended by striking out “mental health hospital”. Freedom of Information and Protection of Privacy Act Amends RSA 2000 cF-25 22(1) The Freedom of Information and Protection of Privacy Act is amended by this section.

(2) Section 1(

g) is amended (

a) by repealing subclause (

i) and substituting the following: (

i) a hospital operator of a health services sector in an approved hospital under the Provincial Health Agencies Act other than a hospital operator that is a regional health authority, provincial health agency or provincial health corporation under the Provincial Health Agencies Act, (

b) by repealing subclause (

i) and substituting the following: (

i) a hospital operator of a health services sector in an approved hospital under the Provincial Health Agencies Act other than a hospital operator that is a provincial health agency or provincial health corporation under the Provincial Health Agencies Act, (

c) by repealing subclause (v);

25 Explanatory Notes corporation referred to in subc lause (

i) or (ii) directly or indirectly through one or more intermediary corporations, but does not include a housing authority incorporated under

section 42 of the Alberta Mortgage and Housing Corporation Act, SA 1984 cA-32.5, or a management body within the meaning of the Alberta Housing Act or a provincial health agency, regional health authority or subsidiary health corporation under the Provincial Health Agencies Act;

(3) Section 2(5)(

i) presently reads:

(5) This Act, except this

section and sections 1, 5, 6, 7, 13(3), 57.1, 77, 80 and 81, does not apply to the following: (

i) a mental health hospital boar d under the Mental Health Act, or Freedom of Information and Protection of Privacy Act 22(1) Amends

chapter F-25 of the Revised Statutes of Alberta 2000.

(2) Section 1(

g) presently reads in part: 1 In this Act, (g) “health care body” means (

i) the board of an approved hospital as defined in the Hospitals Act other than an approved hospital that is owned or operated by a provincial health agency or regional health authority under the Provincial Health Agencies Act, (

v) a regional health authorit y under the Provincial Health Agencies Act, (vi) a community health c ouncil established under the Provincial Health Agencies Act,

26 (

d) by repealing subclause (vi). Government Organization Act Amends RSA 2000 cG-10 23(1) The Government Organization Act is amended by this section.

(2) Schedule 7 is amended in

section 1 (

a) in subsection (1)(b) (

i) by repealing subclause (

i) and substituting the following: (

i) the owner of an approved hospital other than an approved hospital owned and operated by the Government of Alberta; (ii) by repealing subclause (v.1); (

b) in subsection (2) (

i) in clause (

a) by adding “referred to in subsection (1)(b)(

i) or (ii)” after “health board”; (ii) by adding the following after clause (a): (a.1) the disposition by lease of any Government health care facility to a health board referred to in subsection (1)(b)(

v) or (vi);

(3) Schedule 11 is amended (

a) by repealing

section 3(3)(

b) and substituting the following: (

b) to a university, college or other educational institution, the owner of a public hospital or a hospital operator under the Provincial Health Agencies Act, (

b) in

section 5 by striking out “Hospitals Act” and substituting “Provincial Health Agencies Act”; (

c) in

section 6

26 Explanatory Notes Government Organization Act 23(1) Amends

chapter G-10 of the Revised Statutes of Alberta 2000.

(2) Schedule 7 presently reads in part: 1(1) In this section, (b) “health board” means (

i) the owner of a non-regional hospital as defined in the Hospitals Act; (v.1) a regional health authorit y under the Provincial Health Agencies Act;

(2) Subject to the approval of the Lieutenant Governor in Council, the Minister may enter into an agreement providing for any or all of the following: (

a) the disposition, by sale, lease or otherwise, of any Government health care facility to a health board;

(3) Schedule 11 presently reads in part: 3(3) Property sold under subsection (1) may be sold at a price determined by the Minister that is less than its market or book value where the sale is made (

b) to a university, college or ot her educational institution or the owner of a public hospital, 5 The Minister may, on request, acquire supplies on behalf of, or provide services to, approved hospitals as defined in the Hospitals Act, schools, post-secondary educational institutions, municipalities, Metis settlements and any organizations that carry out services or programs on behalf of the Government.

27 (

i) by striking out “a hospital board or”; (ii) by striking out “, regional health authority”; (iii) by adding “, hospital operator of a health services sector in an approved hospital” before “or provincial health corporation”. Health Facilities Act Amends RSA 2000 cH-2.7 24(1) The Health Facilities Act is amended by this section.

(2) The

preamble is amended (

a) by repealing the 7th recital and substituting the following:

WHEREAS provincial health agencies and regional health authorities are responsible for delivering health services and overseeing and coordinating the delivery of health services in the health services sector for which they are established; and (

b) by repealing the 7th recital and substituting the following:

WHEREAS provincial health agencies are responsible for delivering health services and overseeing and coordinating the delivery of health services in the health services sector for which they are established; and

(3) Section 0.1 is amended (

a) in clause (f)(

x) by striking out “Hospitals Act” and substituting “Provincial Health Agencies Act”; (

b) by repealing clause (g); (

c) by adding the following after clause (l): (l.1) “provincial health agen cy” means a provincial health agency under the Provincial Health Agencies Act; (

d) by repealing clause (

m) a nd substituting the following:

27 Explanatory Notes 6 The Minister may enter into and carry out an agreement with a hospital board or a provincial health agency, regional health authority or provincial health corporation under the Provincial Health Agencies Act respecting the provision of services relating to the design, construction, alteration, extension, repair or demolition of a health care facility. Health Facilities Act 24(1) Amends

chapter H-2.7 of the Revised Statutes of Alberta 2000.

(2) The 7th recital of the

preamble presently reads:

WHEREAS regional health authorities are accountable to the Minister and are responsible for assessing the health needs of the population, determining priorities in the delivery of health services and allocating resources accordingly and ensuring reasonable access to those health services; and

(3) Section 0.1 presently reads in part: 0.1 In this Act, (f) “facility services” means any of the following services that are medically necessary and are directly related to the provision of a surgical service at a chartered surgical facility or a surgical facility referred to in

section 16: (

x) transportation by ambulance or commercial vehicle of a patient from the surgical facility to an approved hospital under the Hospitals Act, a type A continuing care home, a mental health facility or another surgical facility;

28 (m) “public hospital” means (

i) an approved hospital under the Provincial Health Agencies Act, (ii) a hospital established or operated under the Workers’ Compensation Act, or (iii) a hospital established by the Government of Alberta or the Government of Canada; (

e) by repealing clause (n).

(4) Sections 4(b), 7(b), 8(1) and 12 are amended by striking out “health authority” wherever it occurs and substituting “provincial health agency”.

(5) Section 19(3) is amended by striking out “relevant health authority” and substituting “provincial health agency”.

(6) Section 21 is amended (

a) in subsection (2) by striking out “relevant health authority” and substituting “provincial health agency”; (

b) in subsection (4) by striking out “health authority” wherever it occurs and substituting “provincial health agency”.

(7) Section 25(1)(

o) is amended (

a) by striking out “health authority” and substituting “provincial health agency”; (

b) by striking out “health authorities” and substituting “provincial health agencies”.

28 Explanatory Notes (g) “health authority” means a regional health authority or provincial health agency under the Provincial Health Agencies Act; (m) “public hospital” means (

i) a hospital that is established by or under, or the establishment or operation of which is governed by, the Hospitals Act, the Provincial Health Agencies Act or the Workers’ Compensation Act, or (ii) a hospital that is est ablished by the Government of Alberta or the Government of Canada; (n) “regional health authorit y” means a regional health authority under the Provincial Health Agencies Act;

(4) Updates terminology.

(5) Section 19(3) presently reads:

(3) The operator of a chartered surgical facility shall forthwith notify the Minister and the relevant health authority of the occurrence of any event referred to in subsection (1) or (2).

(6) Section 21 presently reads in part:

(2) The council of the College shall provide copies of the accreditation report in respect of a surgical facility to the Minister and the relevant health authority.

(4) Notwithstanding the Freedom of Information and Protection of Privacy Act, the Minister and a health authority may provide to the council of the College any information that the Minister or health authority considers to be relevant to an accreditation or the accreditation process in respect of a particular surgical facility.

(7) Section 25(1)(

o) presently reads: 25(1) The Lieutenant Governor in Council may make regulations (

o) requiring operators of chartered surgical facilities to provide reports, returns and information to a health authority or the Minister and requiring health authorities to provide reports,

29 Health Information Act Amends RSA 2000 cH-5 25(1) The Health Information Act is amended by this section.

(2) Section 1(1) is amended (

a) in clause (a)(iii) by striking out “a hospital as defined in the Hospitals Act” and substituting “an approved hospital under the Provincial Health Agencies Act”; (

b) in clause (f) (

i) by repealing subclause (

i) and substituting the following: (

i) a hospital operator of a health services sector in an approved hospital under the Provincial Health Agencies Act other than a hospital operator that is a provincial health agency, regional health authority or provincial health corporation under the Provincial Health Agencies Act; (ii) by repealing subclause (

i) and substituting the following: (

i) a hospital operator of a health services sector in an approved hospital under the Provincial Health Agencies Act other than a hospital operator that is a provincial health agency or provincial health corporation under the Provincial Health Agencies Act; (iii) by repealing subclause (ii) and substituting the following: (ii) the operator of a conti nuing care home as defined in the Continuing Care Act other than a continuing care

29 Explanatory Notes returns and information to the Minister, including regulations respecting the nature and contents of the reports, returns or information to be provided, the form in which they are to be provided and the times at which they are to be provided; Health Information Act 25(1) Amends

chapter H-5 of the Revised Statutes of Alberta 2000.

(2) Section 1(1) presently reads in part: 1(1) In this Act, (a) “affiliate”, in relation to a custodian, means (iii) a health services provider who is exercising the right to admit and treat patients at a hospital as defined in the Hospitals Act, (f) “custodian” means (

i) the board of an approved hospital as defined in the Hospitals Act other than an approved hospital that is owned and operated by a provincial health agency or regional health authority under the Provincial Health Agencies Act; (ii) the operator of a conti nuing care home as defined in the Continuing Care Act other than a continuing care home that is owned and operated by a provincial health agency or regional health authority under the Provincial Health Agencies Act; (iv) a provincial health agen cy or regional health authority under the Provincial Health Agencies Act; (

v) a community health council as defined in the Provincial Health Agencies Act;

30 home owned and operated by a provincial health agency, regional health authority or provincial health corporation under the Provincial Health Agencies Act; (iv) by repealing subclause (ii) and substituting the following: (ii) the operator of a conti nuing care home as defined in the Continuing Care Act other than a continuing care home owned and operated by a provincial health agency or provincial health corporation under the Provincial Health Agencies Act; (

v) by repealing subclause (iv) and substituting the following: (iv) a provincial health agen cy, regional health authority or provincial health corporation under the Provincial Health Agencies Act; (vi) by repealing subclause (iv) and substituting the following: (iv) a provincial health ag ency or provincial health corporation under the Provincial Health Agencies Act; (vii) by repealing subclause (v).

(3) Section 27(2) is amended by striking out “(xiii) and (xiii.1)” and substituting “(xii.2), (xiii), (xiii.1) and (xiii.2)”.

30 Explanatory Notes (3)

Section 27(2) presently reads:

(2) A custodian referred to in

section 1(1)(f)(iii), (iv), (ix.1), (ix.2), (xii), (xii.1), (xiii) and (xiii.1) may, in addition, use individually identifying health information in its custody or under its control to carry out the following functions within the geographic area in which the custodian has jurisdiction to promote the objectives for which the custodian is responsible: (

a) planning and resource allocation; (

b) health system management; (

c) public health surveillance; (

d) health policy development.

31 (4)

Section 39(1) and (2) are amended by striking out “Minister of Mental Health and Addiction, Department or Department of Mental Health and Addiction” and substituting “Minister of Mental Health and Addiction, Minister of Seniors, Community and Social Services, Department, Department of Mental Health and Addiction or Department of Seniors, Community and Social Services”.

(5) Section 40 is amended by striking out “or the Minister of Mental Health and Addiction” wherever it occurs and substituting “, Minister of Mental Health and Addiction or Minister of Seniors, Community and Social Services”.

(6) Section 42(2)(

b) is amended by striking out “Minister of Mental Health and Addiction, Department or Department of Mental Health and Addiction” and substituting “Minister of Mental Health and Addiction, Minister of Seniors, Community and Social Services, Department, Department of Mental Health and Addiction or Department of Seniors, Community and Social Services”.

(7) Section 46 is amended

31 Explanatory Notes (4)

Section 39(1) and (2) presently read: 39(1) The Minister, Minister of Mental Health and Addiction, Department or Department of Mental Health and Addiction may disclose individually identifying diagnostic, treatment and care information without the consent of the individual who is the subject of the information to another Minister of the Government of Alberta for the purpose of developing public policy.

(2) The Minister, Minister of Mental Health and Addiction, Department or Department of Mental Health and Addiction may enter into an agreement with (

a) another Minister of the Gover nment of Alberta or a Minister of the Government of Canada or of any other province or territory, or (

b) a person or entity in accor dance with the regulations made pursuant to the Alberta Health Care Insurance Act, respecting the disclosure to the person referred to in clause (

a) or (b), as the case may be, of individually identifying registration information without the consent of the individual who is the subject of the information.

(5) Section 40 presently reads: 40 A custodian other than the Minister or the Minister of Mental Health and Addiction may disclose individually identifying health information to the Minister or the Minister of Mental Health and Addiction without the consent of the individual who is the subject of the information if the disclosure is necessary or desirable in the opinion of the custodian to enable the Minister or the Minister of Mental Health and Addiction to carry out the duties of the Minister or the Minister of Mental Health and Addiction.

(6) Section 42(2)(

b) presently reads: (2) Subsection (1) does not apply where the disclosure is (

b) to the Minister, Minister of Mental Health and Addiction, Department or Department of Mental Health and Addiction under

section 46,

(7) Section 46 presently reads in part:

32 (

a) in subsection (1) (

i) in the portion preceding clause (

a) and clause (

a) by striking out “Minister of Mental Health and Addiction, Department or Department of Mental Health and Addiction” and substituting “Minister of Mental Health and Addiction, Minister of Seniors, Community and Social Services, Department, Department of Mental Health and Addiction or Department of Seniors, Community and Social Services”; (ii) in clause (b) (

A) in subclause (

i) by striking out “or the Department of Mental Health and Addiction” wherever it occurs and substituting “, Department of Mental Health and Addiction or Department of Seniors, Community and Social Services”; (

B) in subclause (ii) by striking out “Minister of Mental Health and Addiction, Department or Department of Mental Health and Addiction” and substituting “Minister of Mental Health and Addiction, Minister of Seniors, Community and Social Services, Department, Department of Mental Health and Addiction or Department of Seniors, Community and Social Services”; (

b) in subsection (2) by striking out “Minister of Mental Health and Addiction, Department or Department of Mental Health and Addiction” and substituting “Minister of Mental Health and Addiction, Minister of Seniors, Community and Social Services, Department, Department of Mental Health and Addiction or Department of Seniors, Community and Social Services”; (

c) in subsection (5) by striking out “or the Department of Mental Health and Addiction” and substituting “, Department of Mental Health and Addiction or Department of Seniors, Community and Social Services, as the case may be,”.

32 Explanatory Notes 46(1) The Minister, Minister of Mental Health and Addiction, Department or Department of Mental Health and Addiction may request another custodian to disclose individually identifying health information to them for any of the purposes listed in

section 27(2) if (

a) the Minister, Minister of Mental Health and Addiction, Department or Department of Mental Health and Addiction, as the case may be, is authorized by an enactment of Alberta or Canada to obtain the information from the other custodian, or (

b) the information requested relates to a health service provided by the other custodian and (

i) the health service is fully or partially paid for by the Department or the Department of Mental Health and Addiction, as the case may be, or is provided using financial, physical or human resources provided, administered or paid for by the Department or the Department of Mental Health and Addiction, as the case may be, or (ii) the information is pres cribed in the regulations as information the Minister, Minister of Mental Health and Addiction, Department or Department of Mental Health and Addiction may request under this section.

(2) If the requirements of subsection (1) are met, the custodian must disclose the information to the Minister, Minister of Mental Health and Addiction, Department or Department of Mental Health and Addiction, as the case may be.

(5) Where health information is requested under subsection (1)(b), the Department or the Department of Mental Health and Addiction (

a) must prepare a privacy impact assessment describing how disclosure of the health information may affect the privacy of the individual who is the subject of the information, and submit the privacy impact assessment to the Commissioner for review and comment, and (

b) must consider the comment s of the Commissioner, if any, made in response to the privacy impact assessment before disclosing the health information to a custodian referred to in

section 1(1)(f)(iii) or (iv).

33 (8)

Section 64(3) is amended by striking out “(xii) and (xii.1)” and substituting “(xii), (xii.1) and (xii.2)”.

(9) Section 91(3.1) is amended by striking out “or the Minister of Mental Health and Addiction” wherever it occurs and substituting “, Minister of Mental Health and Addiction or Minister of Seniors, Community and Social Services”. Health Insurance Premiums Act Amends RSA 2000 cH-6 26(1) The Health Insurance Premiums Act is amended by this section.

(2) Section 1 is amended by adding the following after clause (f): (f.1) “hospital operator” means th e hospital operator of a health services sector in an approved hospital under the Provincial Health Agencies Act;

(3) Section 21(

e) is amended by striking out “hospital boards” and substituting “hospital operators”.

(4) Section 25(6)(

b) is amended by striking out “to a hospital” and substituting “to a hospital operator, the operator of an institution or person prescribed in the regulations made under

Part 3 of the Hospitals Act”.

33 Explanatory Notes (8)

Section 64(3) presently reads: (3) Subsections (1) and (2) do not apply to custodians described in

section 1(1)(f)(iv), (ix.1), (ix.2), (xii) and (xii.1) in the collection, use or disclosure of health information between or among these custodians for a function set out in

section 27(2), unless the custodians will implement a new information system or change an existing information system in conjunction with the collection, use or disclosure.

(9) Section 91(3.1) presently reads:

(3.1) The Commissioner may disclose any information to the Minister or the Minister of Mental Health and Addiction if in the opinion of the Commissioner the disclosure is necessary to enable the Minister or the Minister of Mental Health and Addiction to exercise the powers or carry out the duties and functions of the Minister or the Minister of Mental Health and Addiction in respect of any matter under that Minister’s administration. Health Insurance Premiums Act 26(1) Amends

chapter H-6 of the Revised Statutes of Alberta 2000.

(2) Adds definition.

(3) Section 21(

e) presently reads: 21 The Lieutenant Governor in Council may make regulations (

e) providing for any matter relating to registration of residents under

section 23, including the duties of hospital boards in connection with the registration of unregistered residents receiving hospital services;

(4) Section 25(6)(

b) presently reads:

34 Health Professions Act Amends RSA 2000 cH-7 27(1) The Health Professions Act is amended by this section.

(2) Section 1.1(1) is amended by striking out “the medical officer of health of the appropriate regional health authority” and substituting “the medical officer of health as appointed by the Minister of Health”.

(3) Section 13(2)(

c) is amended by striking out “or regional health authority”.

(4) Section 51(1)(

a) is amended by striking out “Hospitals Act” and substituting “Provincial Health Agencies Act”.

(5) Section 98(1) is amended (

a) by repealing clause (

b) a nd substituting the following:

34 Explanatory Notes

(6) If a registrant files a valid declaration under subsection (1), then, notwithstanding anything in this Act, the Alberta Health Care Insurance Act or the Hospitals Act, (

b) the registrant is personally and solely liable for the payment to a hospital of the entire cost of insured hospital services provided to the registrant and the registrant’s dependants while the declaration is in effect, Health Professions Act 27(1) Amends

chapter H-7 of the Revised Statutes of Alberta 2000.

(2) Updates who health professions notify re public health threats.

(3) Section 13(2)(

c) presently reads:

(2) The following are not eligible to be appointed as public members: (

c) a member or offi cer of a provincial health agency or regional health authority under the Provincial Health Agencies Act.

(4) Section 51(1)(

a) presently reads: 51(1) In this section, “publicly funded facility” means an institution or facility where professional services are provided and that (

a) is an approved hospital as defined in the Hospitals Act, a continuing care home as defined in the Continuing Care Act, a correctional institution as defined in the Corrections Act, a facility as defined in the Mental Health Act, a diagnostic or treatment centre made available under

section 49(

b) of the Mental Health Act, a facility as defined in

section 1(1)(f.1)(ii) and (iii) of the Protection for Persons in Care Act or an institution or facility operated by or approved by the Minister, or

(5) Section 98(1) presently reads in part: 98(1) Despite

section 97, a regulated member

35 (

b) of the College of Dental Surgeons of Alberta, (

b) by repealing clause (

d) and substituting the following: (

d) of the College of Chiropractors of Alberta,

(6) Section 102.1(1)(

a) and (

b) are repealed and the following is substituted: (

a) the College of Dental Surgeons of Alberta; (

b) the College of Chiropractors of Alberta;

(7) Section 103(b)(ii) and (iii) are repealed and the following is substituted: (ii) the College of Dental Surgeons of Alberta; (iii) the College of Chiropractors of Alberta;

(8) Section 104 is amended (

a) by repealing clauses (

b) and (

c) and substituting the following: (

b) of the College of Dental Surgeons of Alberta, (

c) of the College of Chiropractors of Alberta, or (

b) by repealing clauses (

f) a nd (

g) and substituting the following: (

f) of the College of Dental Surgeons of Alberta, (

g) of the College of Chiropractors of Alberta, or

35 Explanatory Notes (

b) of the Alberta Dental Association and College, (

d) of the Alberta College and Association of Chiropractors, shall not (

e) provide professional services as a member of a partnership unless each member of the partnership is a regulated member of the same college, or (

f) divide, share, split or allocate , either directly or indirectly, any fee for professional services with any person who is not a regulated member of the same college.

(6) Section 102.1(1)(

a) and (

b) presently read: 102.1(1) In this section, “council” means the council of (

a) the Alberta Dental Association and College; (

b) the Alberta College and Association of Chiropractors;

(7) Section 103(b)(ii) and (iii) presently read: 103 In sections 104 to 115, (b) “registrar” means the registrar of (ii) the Alberta Dental Association and College; (iii) the Alberta College and Association of Chiropractors;

(8) Section 104 presently reads in part: 104 A regulated member (

b) of the Alberta Dental Association and College, (

c) of the Alberta College and Association of Chiropractors, or may provide professional services on behalf of a corporation only if it is a professional corporation that holds an annual permit under this Act, and that professional corporation may only provide the professional services of a regulated member (

f) of the Alberta Dental Association and College,

36 (9)

Section 106(1)(

b) and (

c) are repealed and the following is substituted: (

b) of the College of Dental Surgeons of Alberta, (

c) of the College of Chiropractors of Alberta, or

(10) Section 107(

b) and (

c) are repealed and the following is substituted: (

b) of the College of Dental Surgeons of Alberta, (

c) of the College of Chiropractors of Alberta, or

(11) Section 108(

b) and (

c) are repealed and the following is substituted: (

b) of the College of Dental Surgeons of Alberta, (

c) of the College of Chiropractors of Alberta, or

36 Explanatory Notes (

g) of the Alberta College and Association of Chiropractors, or

(9) Section 106(1)(

b) and (

c) presently read: 106(1) No person shall provide the professional services of a regulated member (

b) of the Alberta Dental Association and College, (

c) of the Alberta College and Association of Chiropractors, or within Alberta under any name containing the words “corporation”, “incorporated”, “company”, “limited” or “Professional Corporation” or the abbreviation “Inc.”, “Ltd.” or “P.C.” unless that person is incorporated or continued as a corporation under the Business Corporations Act and the corporation holds an annual permit under this Act, or unless otherwise expressly authorized by statute.

(10) Section 107(

b) and (

c) presently read: 107 Despite anything to the contrary in the Business Corporations Act and despite the providing of the professional services of a regulated member (

b) of the Alberta Dental Association and College, (

c) of the Alberta College and Association of Chiropractors, or on behalf of a professional corporation, every voting shareholder of a professional corporation is liable to the same extent and in the same way as if the shareholder were, during that time, carrying on the business of the professional corporation as a partnership or, if there is only one voting shareholder, as an individual providing professional services.

(11) Section 108(

b) and (

c) presently read: 108 The registrar may issue an approval of the articles of a proposed professional corporation for the purposes of

section 7(2) of the Business Corporations Act to a regulated member (

b) of the Alberta Dental Association and College, (

c) of the Alberta College and Association of Chiropractors, or

37 (12)

Section 119(1)(b)(ii) is repealed and the following is substituted: (ii) to the hospital operator of a health services sector in an approved hospital under the Provincial Health Agencies Act if the regulated member is a member of the medical staff or professional staff of the health services sector in the approved hospital,

(13) Schedule 7 is amended by repealing

section 12(2)(

a) and substituting the following: (

a) an approved hospital under the Provincial Health Agencies Act, (a.1) a hospital under the Workers’ Compensation Act, or

(14) Schedule 20 is amended in

section 10(2) (

a) by repealing clause (

c) and substituting the following: (

c) a hospital operator of a health services sector in an approved hospital under the Provincial Health Agencies Act, (

b) by repealing clause (

d) a nd substituting the following: (

d) a provincial health agency , regional health authority or provincial health corporation under the Provincial Health Agencies Act, or (

c) by repealing clause (

d) and substituting the following: (

d) a provincial health ag ency or provincial health corporation under the Provincial Health Agencies Act, or

37 Explanatory Notes who files an application in the form provided for in the bylaws, submits a copy of the proposed articles and pays all the approval application fees provided for in the bylaws.

(12) Section 119(1)(b)(ii) presently reads: 119(1) If under

Part 2 or

Part 4 a regulated member’s practice permit is suspended or cancelled, or if conditions are imposed on a regulated member’s practice permit or a direction is made under

section 118(4), the registrar (

b) must provide the information (ii) to a hospital if the regulated member is a member of the hospital’s medical staff or professional staff, as defined in the Hospitals Act,

(13) Schedule 7,

section 12(2)(

a) presently reads: 12(2) Subject to the Health Facilities Act, subsection (1) does not apply to (

a) a hospital that is established by or under, or the establishment or operation of which is governed by, the Hospitals Act, the Provincial Health Agencies Act or the Workers’ Compensation Act, or

(14) Schedule 20 presently reads in part: 10(2) Subsection (1) does not apply to a regulated member of the College of Physiotherapists of Alberta employed by (

c) an approved hospital as defined in the Hospitals Act, (

d) a provincial health agency or regional health authority under the Provincial Health Agencies Act, or

(15) Schedule 21 is amended in

section 8.1(2) (

a) in clause (

a) by striking out “within the meaning of the Hospitals Act” and substituting “under the Provincial Health Agencies Act”; (

b) by repealing clause (

d) and substituting the following: (

d) a clinic or centre operated by a provincial health agency, regional health authority or provincial health corporation under the Provincial Health Agencies Act, (

c) by repealing clause (

d) and substituting the following: (

d) a clinic or centre operated by a provincial health agency or provincial health corporation under the Provincial Health Agencies Act, Health Quality Council of Alberta Act Amends SA 2011 cH-7.2 28(1) The Health Quality Council of Alberta Act is amended by this section.

(2) Section 1(

c) is repealed. (3)

Section 15(2) is amended by striking out “a health authority” and substituting “a provincial health agency or provincial health corporation under the Provincial Health Agencies Act”.

(4) Section 16(1)(

a) and (

b) are amended (

a) by striking out “, regional health authority”; (

b) by striking out “, subsidiary health corporation or community health council” and substituting “or subsidiary health corporation”.

38 Explanatory Notes

(15) Schedule 21 presently reads in part: 8.1(2) Unless the Minister directs otherwise, subsection (1) does not apply with respect to a prescribed health service provided in (

a) an approved hospital within the meaning of the Hospitals Act, (

d) a hospital, clinic or centre operated by a provincial health agency or regional health authority under the Provincial Health Agencies Act, Health Quality Council of Alberta Act 28(1) Amends

chapter H-7.2 of the Statutes of Alberta, 2011.

(2) Section 1(

c) presently reads: 1 In this Act, (c) “health authority” means a provincial health agency, regional health authority or provincial health corporation under the Provincial Health Agencies Act;

(3) Section 15(2) presently reads:

(2) The Council may assess or study matters respecting patient safety, person-centred care and health service quality that are referred to it by a health authority.

(4) Section 16(1) presently reads: 16(1) For the purposes of carrying out activities under sections 3(2)(

a) to (

c) and 15, the board may authorize a person to (

a) enter and inspect any place under the jurisdiction of a provincial health agency, regional health authority,

39 Health Statutes Amendment Act, 2020 (No. 2) Amends SA 2020 c35 29(1) The Health Statutes Amendment Act, 2020 (No. 2) is amended by this section.

(2) Section 120 is repealed. Hospitals Act Amends RSA 2000 cH-12 30(1) The Hospitals Act is amended by this section.

(2) Sections 1 and 2 are repealed.

39 Explanatory Notes provincial health corporation, subsidiary health corporation or community health council under the Provincial Health Agencies Act, and (

b) require the production for ex amination of any documents or records in the possession of the provincial health agency, regional health authority, provincial health corporation, subsidiary health corporation or community health council under the Provincial Health Agencies Act, and make copies of them or temporarily remove them for the purpose of making copies. Health Statutes Amendment Act, 2020 (No. 2) 29(1) Amends

chapter 35 of the Statutes of Alberta, 2020.

(2) Section 120 presently reads: 120 The Animal Health Act is amended in

section 43.5(2) by striking out “Schedule 7.1 to the Government Organization Act” and substituting “Part 0.1 of the Health Professions Act”. Hospitals Act 30(1) Amends

chapter H-12 of the Revised Statutes of Alberta 2000.

(2) Sections 1 and 2 presently read: 1 In this Act, (a) “Appeal Board” means the Hospital Privileges Appeal Board established under

section 18; (b) “approved hospital” means a hospital designated by the Minister as an approved hospital pursuant to

Part 2; (d) “board of management” me ans a board of management referred to in

section 5; (d.1) “continuing care home” means a continuing care home as defined in the Continuing Care Act;

40 Explanatory Notes (e) “council” means (

i) in the case of a city, town, village or municipal district, its council, (ii) in the case of an improvement district, the Minister responsible for the Municipal Government Act, (iii) in the case of a special area, the Minister responsible for the Special Areas Act, and (iv) in the case of a national park, its superintendent; (f) “general hospital” means a hospital providing diagnostic services and facilities for medical or surgical treatment in the acute phase for adults and children and obstetrical care, or any of them; (g) “health region” means a health region under the Provincial Health Agencies Act; (h) “hospital” means an institution operated for the care of diseased, injured, sick or mentally disordered people; (i) “included municipality” means a municipality the whole or a part of which is included in a health region; (j) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (k) “municipality” means a city, town, village, summer village, municipal district, improvement district and special area; (l) “non-regional hospital” means a hospital that is owned or operated by a person other than a provincial health agency or regional health authority; (n) “physician” means (

i) with reference to medical services provided in Alberta, a person registered as a regulated member of the College of Physicians and Surgeons of Alberta under the Health Professions Act authorized to use the title “physician” who holds a practice permit issued under that Act, and

(3) Parts 1 and 2 are repealed.

41 Explanatory Notes (ii) with reference to medical services provided in a place outside Alberta, a person lawfully entitled to practise medicine or osteopathy in that place; (n.1) “provincial health agency” means a provincial health agency under the Provincial Health Agencies Act; (o) “regional health authorit y” means a regional health authority under the Provincial Health Agencies Act; (p) “resident of Alberta” me ans a person entitled by law to reside in Canada who makes the person’s home and is ordinarily present in Alberta, but does not include a tourist, transient or visitor to Alberta. 2(1) Where an order establishing a district is rescinded under

section 8(4) of the Hospitals Act (RSA 1980 cH-11) as it read on July 31, 1996 and the district is located in a health region under the Regional Health Authorities Act, then, subject to the regulations under subsection (2), for the purpose of the administration of this Act in that part of the health region that formerly constituted the district, the regional health authority has the power, authority and jurisdiction and is subject to the duties and obligations that the district board had and was subject to.

(2) The Lieutenant Governor in Council may make regulations (

a) providing for the non-application of provisions of this Act or the regulations under it in a case where subsection (1) applies, (

b) varying the application of provisions of this Act or the regulations under it in a case where subsection (1) applies, and (

c) respecting any other matt ers the Lieutenant Governor considers necessary in a case where subsection (1) applies for the purpose of facilitating the administration of this Act in such a case.

(3) Parts 1 and 2 presently read:

42 Explanatory Notes

Part 1 Non-regional Hospitals 3 Without limiting the generality of

section 8(4) of the Hospitals Act (RSA 1980 cH-11) as it read on July 31, 1996, an order rescinding an order under

section 8(2) of that Act as it read on July 31, 1996 may contain any provisions the Lieutenant Governor in Council considers necessary (

a) to provide for the transfer of the assets and property of the district to a regional health authority under the Regional Health Authorities Act, (

b) to provide for the assumpti on of liabilities and obligations of the district by a regional health authority under the Regional Health Authorities Act, and (

c) to facilitate the taking over of the affairs of the district by a regional health authority under the Regional Health Authorities Act. 4(1) On the request of the owner of a non-regional hospital that serves a health region, or on the request of the regional health authority, the Minister may cause a plan to be prepared for the use of the services of the non-regional hospital by the regional health authority and for the integration of the operation, management and financing of all hospitals serving the health region.

(2) On being satisfied that a plan prepared pursuant to subsection (1) meets the needs of the regional health authority and the owners of the non-regional hospitals and serves the interests of the residents of the health region, the Minister may, by order, declare the plan to be in force in the health region.

(3) After consultation with the regional health authority and the owners of non-regional hospitals who are parties to a plan prepared pursuant to this section, the Minister, by order, (

a) may amend the plan, and (

b) may, on reasonable notice in writing to the parties, terminate the plan.

(4) An order terminating a plan under subsection (3) may contain any provisions the Minister considers necessary

43 Explanatory Notes (

a) to provide for the dis position of assets and property; (

b) to provide for the assump tion of liabilities and obligations; (

c) to facilitate the winding-up of the plan. 5(1) A plan under

section 4 may require the establishment of a board of management for a non-regional hospital consisting of members appointed by the regional health authority and a greater number of members appointed by the owner of the non-regional hospital.

(2) On the coming into force of a plan under

section 4 that requires a board of management for a non-regional hospital, the board of management (

a) is on that coming into force constituted as a corporation with the name and membership given in the plan and with the powers, objects and duties necessary for it to operate and administer the affairs of the hospital, except the power to dispose of the real and personal property of the non-regional hospital, and (

b) becomes the governing board of the hospital and has full control of the hospital and has absolute and final authority and responsibility in respect of all matters appertaining to the operation of the hospital, subject to any limitations on its authority imposed by statute or the regulations or the plan. 6 The Lieutenant Governor in Council may make regulations to carry out the intent of this Part and, without restricting the generality of the foregoing, may make regulations to (

a) govern the manner of appointment, including nomination of members of boards of management; (

b) subject to the Local Authorities Election Act and the regulations under that Act, govern the qualifications for membership and conditions of disqualification from membership, terms of office, procedure for filling vacancies, and other matters pertaining to members of boards of management; (

c) govern the election of offi cers, fixing quorums, times of meetings, books and records to be kept, reports and returns

44 Explanatory Notes to be made, travelling and expen se allowances to be paid and other matters pertaining to the organization of boards of management and the management of their affairs; (

d) prescribe the manner in wh ich boards of management may borrow money and fix the rate of interest on it, fix the terms of borrowing and the periods of borrowing; (

e) prescribe conditions that must be contained in or that apply to plans prepared pursuant to

section 4 and other matters that are relevant to the relationship between regional health authorities and the owners of non-regional hospitals; (

f) prescribe any pr ocedures relating to the provision of financial assistance to a board of management or the owner of a non-regional hospital by a regional health authority pursuant to a plan under

section 4. 7 When under this Act

an act or thing is directed to be done forthwith or within a specified time by an included municipality or by a council of it or by a regional health authority or board of management or by an officer of one of those bodies and the act or thing is not done, the Minister may do the act or thing with the same effect as if it had been done by that body. 8(1) The Minister by order may for cause dismiss the members of a board of management and appoint an official administrator in their place.

(2) An official administrator appointed under this

section (

a) has the powers and authorities conferred by this Act on a board of management, (

b) shall perform all the dutie s of a board of management, and (

c) shall be paid the salary the Mi nister determines together with proper expenses, as an operating expense of the regional health authority.

(3) The Minister may by order terminate at any time the appointment of an official administrator and restore the affairs of the board of management to an authority selected pursuant to the regulations.

45 Explanatory Notes

Part 2 Operation of Approved Hospitals 9 In this Part, (a) “administrator” means the person who is the most senior official in the administrative organization of a hospital and is responsible for the day to day operation and management of the affairs of the hospital; (b) “Associations” means The Alberta Medical Association (C.M.A.-Alberta Division), the College and Association of Registered Nurses of Alberta, the Alberta College of Pharmacy and any professional association that is representative of a group of employees or of professional staff or medical staff of a hospital; (c) “board” means the corporate body or person that owns or operates a hospital, and includes a regional health authority; (d) “medical staff” means the physicians appointed by a board to serve as the medical staff of a hospital or hospitals owned or operated by the board; (e) “patient” means a person who is admitted to the hospital as an in-patient or as an out-patient for diagnosis or treatment services, or both; (f) “professional staff” means pr ofessional staff as defined in the regulations. 10(1) Each approved hospital must have a governing board and, subject to any limitations of its authority imposed by Acts of the Legislature and regulations under it, the board has full control of that hospital and has absolute and final authority in respect of all matters pertaining to the operation of the hospital.

(2) A board may be the board of more than one approved hospital. 11(1) The board of each approved hospital shall enact general bylaws governing the organization, management and operation of the hospital that it owns or operates.

(2) The board or the administrator shall send to the Minister a true copy of all general bylaws enacted including all amendments, variations or repeals.

46 Explanatory Notes

(3) General bylaws enacted by a board shall provide for the adoption of rules that may govern the duties and responsibilities of the administrator and other hospital staff, the detailed organization and administration of hospital departments and any other matters the board considers to be necessary or desirable. 12 The board has final authority in respect of the appointment of the medical staff of the approved hospitals it owns or operates. 13 The board may grant physicians and other health care practitioners access to hospital facilities on any terms and conditions set out in the medical staff bylaws, the general bylaws or any contract for services or employment. 14 The medical staff of an approved hospital is responsible to the board (

a) for the quality of the profe ssional services provided by the medical staff, (

b) for reviewing professional pr actices of the medical staff, (

c) for the improvement of the ca re of patients under the care of the medical staff, and (

d) for the clinical and scientific work of the medical staff. 15(1) The general bylaws of a board shall provide for the establishment of a committee to be called the “hospital services utilization committee” and may prescribe the powers and duties of that committee.

(2) The hospital services utilization committee of an approved hospital, in addition to its powers and duties under the general bylaws of the board, (

a) shall conduct a review of a continuing nature of the utilization of all hospital services, and (

b) is entitled to require fr om the board and its employees any information the committee reasonably requires for the purposes of its duties and access to the relevant records of the board for those purposes. 16(1) No action for defamation lies against any member of a hospital staff review committee in respect of

47 Explanatory Notes (

a) advice given or statements , decisions or recommendations made in good faith to the board of an approved hospital by the committee, or (

b) anything done or omitted to be done by the member in good faith in the exercise of powers or performance of duties given to the committee by this Act, the regulations or the bylaws of the board or of the medical staff.

(2) In this section, “hospital staff review committee” means a committee appointed by the board of an approved hospital or by the medical staff (

a) to evaluate and control clinical practice in the hospital on a continuing basis for the purpose of maintaining and improving the safety and quality of patient care, or (

b) to perform any functions in relation to the appraisal and control of the quality of patient care in the hospital. 17(1) The board of an approved hospital (

a) shall require the preparati on and adoption of bylaws by its medical staff governing the organization and conduct of the medical staff practising in the hospital and the procedures whereby the medical staff must make recommendations to the board concerning the appointment, re-appointment, termination or suspension of appointment of, and the delineation of hospital privileges of, members of the medical staff; (

b) may from time to time require the amendment or repeal of the bylaws of the medical staff.

(2) Bylaws under this

section are ineffective until they have been approved by the board and the Minister.

(3) Where the board and the medical staff agree on the contents of bylaws under this section, the board shall send a true copy of the bylaws signed by the appropriate officers of the medical staff and of the board to the Minister for approval.

(4) Where the board and the medical staff cannot agree on the contents of bylaws under this section, the board shall refer the draft bylaws and the matters in dispute to the Minister, whose decision is

48 Explanatory Notes final, and the medical staff shall adopt the bylaws and the board shall approve them in accordance with the Minister’s decision.

(5) The board and the medical staff may make independent written representations to the Minister on the matters in dispute.

(6) Bylaws under this

section must provide for (

a) the adoption of rules governing the day to day management of medical affairs in the hospital and the amendment or replacement of those rules from time to time as the need arises, and must provide that the rules become effective only on their approval by the board; (

b) a procedure for the review of decisions made by the medical staff or the board pertaining to or affecting the privileges of members of the medical staff; (

c) a procedure to ensure that al l applications for appointment to the medical staff reach the board in the time prescribed in the bylaws, whether or not the appointment is recommended by the medical staff; (

d) a procedure to ensure that the board gives notice to an applicant for an appointment to the medical staff within a reasonable time of the decision of the board as to whether the application has been accepted; (

e) mechanisms to ensure that the board considers medical staff input respecting patient care and that medical staff have input into strategic planning, community needs assessment, facility use management and quality assurance activities of the board; (

f) mechanisms to promote ethical behaviour, evidence-based decision making and participation in continuing medical education by medical staff.

(7) The board and the medical staff shall comply with bylaws under this section. 18(1) There is hereby established the Hospital Privileges Appeal Board consisting of the following members appointed by the Minister: (a) 2 physicians;

49 Explanatory Notes (

b) one member of The Law Society of Alberta or of the judiciary; (

c) one person who has significant public sector administration experience at a senior level as determined by the Minister; (

d) one member of the College and Association of Registered Nurses of Alberta; (e) 2 other persons.

(2) The Minister shall designate one of the members to be chair.

(2.1) In the event of the absence or inability to act of the chair, the members of the Appeal Board may elect one of the members to be chair during the absence or inability to act.

(3) No vacancy on the Appeal Board impairs the right of the remaining members to act until any vacancy is filled.

(4) The members of the Appeal Board may be paid remuneration for their services and allowances for the expenses necessarily incurred by them in the performance of their duties at rates fixed by the Minister in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(5) A member of the Appeal Board may be appointed for a term of up to 3 years and may be reappointed for additional terms each not exceeding 3 years. 19(1) The Appeal Board may make rules not inconsistent with this Act governing the hearing of appeals.

(2) Three members then holding office, at least one of whom must be a member appointed under

section 18(1)(a), (

b) or (d), constitute a quorum at a hearing of the Appeal Board.

(4) A party to an appeal to the Appeal Board may be represented by counsel at the hearing of the appeal.

(5) The Appeal Board has, for the purposes of an appeal under

section 21, the powers, privileges and immunities conferred on a commissioner under sections 3 and 4 of the Public Inquiries Act. 20(1) For the purposes of an appeal under

section 21, if a board does not re-appoint a member of its medical staff who has applied

50 Explanatory Notes for re-appointment to the medical staff, it is deemed to have made a decision not to so re-appoint that member.

(2) For the purposes of subsection (1) and

section 21, a regulated member of the Alberta Dental Association and College who has or who has had privileges in a hospital is deemed to be a member or former member of the medical staff. 21(1) A member or former member of the medical staff of an approved hospital who feels personally aggrieved by a decision of the board of the approved hospital (

a) not to re-appoint the member or former member as a member of the medical staff or to re-appoint the member or former member with different hospital privileges than those that the member or former member had immediately prior to the re-appointment, (

b) terminating or suspending (

i) the member’s or former member’s appointment as a member of the medical staff, or (ii) the member’s or former member’s hospital privileges, or (

c) varying the member’s or former member’s hospital privileges, may appeal the decision by giving written notice of appeal to the Appeal Board within 90 days after receiving notice of the board’s decision.

(2) The Appeal Board on hearing an appeal under this

section may, by order, either (

a) confirm the decision of the board, (

b) direct that the former memb er be re-appointed to the medical staff or that the member’s hospital privileges on re-appointment be varied, (

c) direct the reinstatement of (

i) the former member’s appoi ntment as a member of the medical staff, or

51 Explanatory Notes (ii) the member’s hospital privileges, (

d) remove or vary the suspension, or (

e) direct that the member’s hospital privileges be varied.

(3) A person whose appeal is heard by the Appeal Board, or the board, may appeal an order of the Appeal Board on a matter of law only by filing an application with the Court of King’s Bench within 30 days after being notified in writing of the order, and the Court may make any order that the Appeal Board may make under subsection (2) or may refer the matter back to the Appeal Board with any directions that the Court considers appropriate. 22(1) After consultation with the Associations, the Minister may prescribe (

a) model general bylaws for the guidance of boards of approved hospitals, and (

b) model bylaws of the medical staff for the guidance of physicians practising in an approved hospital and for the guidance of the board of an approved hospital.

(2) In respect of model bylaws prescribed under subsection (1), the Minister may designate that the bylaws are applicable to all approved hospitals or to any type, grade or size-group of approved hospitals the Minister may specify.

(3) If model bylaws are prescribed pursuant to this section, the Minister may, by order, direct (

a) that bylaws of the same or like effect must be enacted by the board or must be prepared and adopted by the medical staff and approved by the board, as the case may be, in respect of all approved hospitals or in respect of the type, grade or size-group of approved hospitals to which the model bylaws have been designated as applicable, and (

b) that true copies of the byla ws and amendments shall be sent to the Minister within 6 months of the date of publication of the Minister’s order.

(4) The approval of a bylaw by the Minister may be withdrawn at any time by notice in writing to the board of the hospital and, on that withdrawal, the bylaw for which approval has been withdrawn ceases to have effect.

52 Explanatory Notes 23 The board of each approved hospital shall appoint an administrator and shall appoint or shall cause to be appointed, as the bylaws or regulations may require, any other officers and employees required for the efficient operation of the hospital and shall prescribe their duties, remuneration and other terms of employment. 24(1) The board of each approved hospital shall cause to be kept by the attending physician or any other person providing diagnostic or treatment services to a patient a record of the diagnostic and treatment services provided in respect of each patient in order to assist in providing a high standard of medical care.

(1.1) Except as permitted or required under this Act, a board or employee of a board, the Minister or a person authorized by the Minister or a physician may disclose health information obtained from hospital records or from persons having access to them only in accordance with the Health Information Act.

(2) For the purposes of assessing the standards of care furnished to patients, improving hospital or medical procedures, compiling medical statistics, conducting medical research, enforcing the Crown’s right of recovery under

Part 5, or for any other purpose considered by the Minister to be in the public interest, the Minister, or a person authorized by the Minister, may require that all or any of the following be sent to the Minister or authorized person or a person designated by the Minister or authorized person: (

a) health information and other records of any patient; (

b) extracts from and copies of any health information or other records of any patient.

(5) The Minister or any person authorized by the Minister may, for the purpose of enforcing the Crown’s right of recovery under

Part 5, disclose information obtained under subsection (2).

(6) A board or employee of a board, the Minister or a person authorized by the Minister, or a physician or a member of a professional staff may (

d) without the written consent of a patient, disclose health information relating to the patient to (

i) a Workers’ Compensation Board,

53 Explanatory Notes (ii) the Alberta Blue Cross Plan, or (iii) any other provincial hospital insurance authority, if the information is required in order to establish responsibility for payment by the organization or insurer, or to any other hospital to which the patient may be transferred or admitted or to other attending physicians or attending professional staff.

(8) The following applies with respect to disclosing records of diagnostic and treatment services in respect of a patient: (

a) the Minister may, for the purposes mentioned in subsection (2) and without the consent of any other person, disclose to or obtain from (

i) the Director of Medical Services appointed under the Occupational Health and Safety Act, (ii) The Alberta Medical Association (C.M.A.-Alberta Division), (iii) the Department of Health (Canada) for purposes in connection with the Canada Health Act (Canada), or (iv) the government of a provin ce or territory of Canada or an agent of that government for purposes in connection with any health services or hospital care insurance plan administered by that government or its agent, any records of diagnostic and tr eatment services provided in respect of a patient in an approved hospital; (

c) the board of an approved hospi tal shall, after the discharge of a patient from the hospital for the purpose of transferring the patient to another hospital inside or outside Alberta, a nursing home outside Alberta or a continuing care home, forward to that other hospital, nursing home or continuing care home copies of the appropriate records of diagnostic and treatment services provided in respect of that patient for the use of the staff of that other hospital, nursing home or continuing care home; (

f) the board of an approved hospital may disclose any records of diagnostic and treatment services provided in respect of a patient

54 Explanatory Notes (

i) to a Public Guardian, if the diagnosis, record or information is, in the opinion of the person making the disclosure, relevant to the making of a guardianship order, or (ii) to the Public Trustee, if the diagnosis, record or information is, in the opinion of the person making the disclosure, relevant to the making of a trusteeship order under the Adult Guardianship and Trusteeship Act in respect of the person to whom the diagnosis, record or information relates; (

g) the board of an approved hospital may disclose any records of diagnostic and treatment services provided in respect of a patient to a board of review appointed pursuant to the Criminal Code (Canada) that is to review the case of the person to whom the records relate.

(9) The board of an approved hospital may, in accordance with subsections (10) and (11), disclose to an authorized person information respecting diagnostic and treatment services provided to or in respect of a patient.

(10) Information may be disclosed under subsection (9) only if it is needed for a preliminary investigation, a discipline proceeding or a practice review conducted pursuant to a professional Act.

(11) Information may be disclosed under subsection (9) only if (

a) an officer of an association regulated by a professional Act makes a written request for it and the patient or the patient’s legal representative consents to the disclosure, or (

b) the disclosure is made by a member of the board of the approved hospital in compliance with a notice, issued pursuant to a professional Act, to attend as a witness or produce documents.

(12) For the purposes of subsections (9), (10), (11) and this subsection, (a) “authorized person” means a person or body that is authorized by a professional Act to conduct a preliminary investigation, a discipline proceeding or a practice review; (b) “professional Act” means an Ac t that regulates a profession.

55 Explanatory Notes

(14) An Appeal Board is entitled, for the purpose of an appeal under

section 21, to inspect and make copies of any health information or other records relating to a patient and may admit a copy of the health information or other records in evidence of the appeal, but all proceedings related to the health information or other records must be held in private.

(18) In this section, (a) “health information” means he alth information as defined in the Health Information Act; (a.1) “legal representative” means an executor or administrator of the estate of a deceased person, the guardian or trustee of a represented adult under the Adult Guardianship and Trusteeship Act, the agent designated in a personal directive made by a person in accordance with the Personal Directives Act or the guardian of a minor; (b) “mentally competent” means able to understand the subject-matter in respect of which consent is requested and able to appreciate the consequences of giving or refusing consent. 25(1) The board of an approved hospital shall on the written request of the Minister provide to the Minister at the times and in the manner specified in the request the records, reports and returns that are specified in the request.

(2) Subject to subsection (3), the council of a municipality that is included in a health region may, if the regional health authority appoints members to a board of management, require the board of management to send to the council a copy of the minutes of each of the meetings of the board of management.

(3) A board of management shall remove from any copy of minutes sent to a council under subsection (2) any portion of those minutes pertaining to personal matters affecting an individual employee of the board or any matter affecting the diagnosis or treatment of an individual patient, where the name of the employee or patient is revealed or is otherwise identifiable in the minutes. 26 The Minister and employees of the Government authorized by the Minister for the purpose may make all necessary inquiries into the management and affairs of hospitals, may visit and inspect hospitals and may examine hospital records for the purpose of

56 Explanatory Notes verifying the accuracy of reports and ensuring that this Act and the regulations are adhered to. 27(1) When the Minister is requested

Document details

Collection	Alberta — Bills
Citation	L31 S1 12083
Type	bill
Volume / chapter	L31 S1 12083
Language	en
Format	json
Source	PROVINCIAL
Identifier	c5428152e916a6aa6c4b76491ece53645464d9c2

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