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Part II .

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Health Authorities Ministerial Regulations

made under

Section 79 of the

Health Authorities Act

S.N.S. 2014, c. 32

N.S. Reg. 64/2015 (effective April 1, 2015)

Table of Contents

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

Click here to go to the text of the regulations .

Citation

Definitions

Number of CHB board members

Selection of CHB board members

Eligibility of CHB board members

CHB board member attributes

Vacancies

Designations and exemptions under clauses 79(1)(

m) and (

o) of the Act

Citation

1 These regulations may be cited as the Health Authorities Ministerial Regulations .

Definitions

2 In these regulations,

“Act” means the Health Authorities Act;

“CHB board” means the board of directors of a CHB;

“CHB” means a community health board established or continued pursuant to this

[the] Act;

“CHB Operations Manual” means the CHB operations manual established by the

provincial health authority;

“designated organization” means an organization designated in subsection 9(1).

Number of CHB board members

3 Subject to

Section 64 of the Act, a CHB must determine the number of CHB board

members that will constitute its board and the quorum requirements.

Selection of CHB board members

(1) Subject to the Act, the provincial health authority must determine the process as to

how CHB board members are selected and a CHB must establish a CHB volunteer

selection committee as defined in the CHB Operations Manual.

(2) The selection process established pursuant to subsection (1), must be open, public

and transparent in all respects, including all of the following:

(

a) the selection process must, to the extent possible, ensure that the selection of

CHB board members is broadly representative of the area served by the

CHB, taking into account geographic, cultural, ethnic, and demographic

factors;

(

b) the opportunity to be considered for CHB board membership must be open

to all members of the public;

(

c) the opportunity to apply for consideration or to put forward the names of

others for consideration must be publicly advertised prior to the selection of

CHB board members;

(

d) the opportunity for applicants to self-identify as members of minority

groups, such as persons with disabilities, First Nations, visible and cultural

minorities; [ sic ]

(

e) the criteria for selecting members must be included in the advertisements or

other mechanisms used to recruit members;

(

f) if the selection of CHB board members is to be made through a process that

includes public input as to the relative suitability of various applicants the

process must be organized in such a way, including appropriate public

advertisement, as to give members of the public an equal opportunity to

decide whether or not to participate in the process;

(

g) no person who is being considered for membership on the CHB board can

participate in the selection process;

(

h) the information about each applicant that serves as the basis on which

members are selected will include the information submitted by or on behalf

of the applicant, but the CHB may seek additional relevant information

about applicants as part of its process, provided that all information about an

applicant that is relied on is available to the applicant on request and does

not contravene the Nova Scotia Human Rights Act; and

(

i) every applicant for nomination who is not selected will be provided, on their

request, with an explanation of the process and the basis for the selection of

the nominees.

(3) The selection process must be

(

a) defined in writing by the provincial health authority in the CHB Operations

Manual and must include the terms of reference of a CHB volunteer

selection committee established pursuant to subsection 8(2); and

(

b) available on request to any member of the public, a CHB, or the Department

of Health and Wellness, and any modifications to the process while

membership selection is in process should be of a minor nature only.

Eligibility of CHB board members

6 No person shall be permitted to be a member of a CHB board who

(

a) is an employee of the provincial health authority, the IWK Health Centre or

the Department of Health and Wellness; or

(

b) holds privileges with the provincial health authority or the IWK Health

Centre.

CHB board member attributes

(1) Selection of a CHB board member must be based on the applicant’s ability to

demonstrate that they have the following attributes:

(

a) have leadership potential and an active interest in the community;

(

b) have knowledge of health issues or a willingness to learn, or both;

(

c) understand and be willing to accept the responsibility and accountability of

being a member of a CHB board;

(

d) are willing and able to commit the time necessary for the work of the CHB

board;

(

e) have the ability to work effectively as a member of a team;

(

f) have the ability to bring a useful perspective to the deliberations and work

of the CHB board;

(

g) have the ability to meet the CHB board member qualifications and

demonstrated competencies identified in the Community Health Board

Operations Manual.

(2) Criteria additional to subsection (1) may be added by the CHB board to address

local requirements and must be included in the selection process made pursuant to

subsection 4(3).

Vacancies

8 The CHB board may fill vacancies in the event a CHB board member is, for any reason,

unable to complete the term and the process used to fill such vacancies must be

documented in writing prior to filling the vacancies and must be subject to the same

requirements as stated in clause 4(1)(a) [4(2)(a)] and subsection 4(3).

Designations and exemptions under clauses 79(1)(

m) and (

o) of the Act

(1) Every organization that receives Community Transportation Assistance Program

funding from the Department of Municipal Affairs is designated for the purpose of

clause 79(1)(

m) of the Act.

(2) Every designated organization is exempted from paying any fee or cost charged by

a health authority on a monthly, daily, or hourly basis for authorized parking of a

motor vehicle on the health authority’s property.

Legislative History

Reference Tables

Health Authorities Ministerial Regulations

N.S. Reg.

64/2015

Health Authorities Act

Note: The

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

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

Source Law

The current consolidation of the Health Authorities Ministerial Regulations made

under the Health Authorities Act includes all of

the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

64/2015

Apr 1, 2015

date specified

Apr 17, 2015

The

following regulations are not yet in force and are not included in the

current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

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

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

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

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

The reference to the Department of Municipal Affairs in

s. 9(1) should be read as a reference to the Department of Municipal Affairs

and Housing in accordance with O.I.C. 2019-150 under the Public Service Act , R.S.N.S. 1989, c. 376.

Jun 3, 2019

The reference to the Department of Municipal Affairs in

s. 9(1) should be read as a reference to the Department of Municipal Affairs in accordance with O.I.C.

2021-58 under the Public Service Act ,

R.S.N.S. 1989, c. 376.

Feb 23, 2021

The reference to the Department of Municipal Affairs in

s. 9(1) should be read as a reference to the Department of Municipal Affairs and Housing in accordance with

O.I.C. 2021-209 under the Public

Service Act , R.S.N.S. 1989, c. 376.

Aug 31, 2021

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

257/2008

District Health Authority Parking Fees Exemption

Regulations

May 1, 2008

Mar 30, 2015

28/2001

Community Health Board’s Member Selection Regulations

Mar 16, 2001

Mar 30, 2015

Note: Only regulations

that are specifically repealed and replaced appear in this table. It may not reflect the entire history of

regulations on this subject matter.