REGIONAL HEALTH AUTHORITIES (MINISTERIAL) AMENDMENT REGULATION
Regional Health Authorities Act
June 21, 2024
134/2024
For information only: Made by the Minister of Health (M.O. 28/2024) on June 20, 2024 pursuant to section 24 of the Regional Health Authorities Act as amended by section 40(33) of the Health Statutes Amendment Act, 2024. 1 The Regional Health Authorities (Ministerial) Regulation (AR 17/95) is amended by this Regulation. 2 The title of the Regulation is repealed and the following is substituted: PROVINCIAL HEALTH AGENCIES (MINISTERIAL) REGULATION 3 Section 1 is amended (a) by repealing subsection (1) and substituting the following: Reports and returns 1(1) A provincial health agency, by notice in writing, may require any existing health authority or community health council delivering health services in the health services sector to provide the provincial health agency with a report or return relating to the operations of the existing health authority or community health council. (1.1) A regional health authority, by notice in writing, may require any existing health authority or community health council operating in the health region to provide the regional health authority with a report or return relating to the operations of the existing health authority or community health council. (b) in subsections (2) and (3) by adding "or (1.1)" after "subsection (1)". 4 Section 2 is repealed and the following is substituted: Annual report 2(1) For the purposes of section 14(2)(c) of the Act, the annual report must contain any information required by the sector Minister by notice in writing to the provincial health agency or regional health authority. (2) Subject to subsection (3), a provincial health agency or regional health authority shall provide to the sector Minister its annual report for the previous fiscal year not later than July 31 immediately following the end of that fiscal year. (3) A provincial health agency or regional health authority shall provide to the sector Minister its audited financial statements and the information referred to in section 3 for the previous fiscal year not later than June 30 immediately following the end of that fiscal year. (4) The sector Minister, by notice in writing, may require a provincial health agency or regional health authority to provide the information required under this section and section 14(2) of the Act in the form and with the content specified by the sector Minister. 5 Section 2.1 is amended (a) by adding "provincial health agency or" before "regional health authority"; (b) by adding "sector" before "Minister" wherever it occurs. 6 The following is added after section 2.1: First reports of provincial health agencies 2.2(1) Notwithstanding section 1.1 of the Provincial Health Agencies Regulation (AR 15/95), the first fiscal year of a provincial health agency begins on the date on which the provincial health agency is established and ends on the following March 31. (2) Notwithstanding section 2(2) and (3), the sector Minister shall determine when the provincial health agency must provide the documents and information referred to in section 2(2) and (3) with respect to the first fiscal year of the provincial health agency. (3) Notwithstanding section 2.1, the sector Minister shall determine when the provincial health agency must provide the reports referred to in section 2.1 after each of the quarters ending on June 30, September 30 and December 31 in the first fiscal year of the provincial health agency. 7 Section 3 is repealed and the following is substituted: Remuneration and benefits 3(1) In this section, "management personnel" includes medical officers who exercise management functions. (2) For the purposes of section 14(2)(b)(ii) of the Act, information on remuneration and benefits paid to members, officers and employees of a provincial health agency or regional health authority must be disclosed in accordance with this section. (3) Remuneration and benefits must be disclosed for the following individuals: (a) the members of the provincial health agency or regional health authority; (b) the chief executive officer of the provincial health agency or regional health authority; (c) management personnel who report directly to one or more members of the provincial health agency or regional health authority; (d) management personnel who report directly to the chief executive officer of the provincial health agency or regional health authority; (e) management personnel who report to the management personnel referred to in clause (d); (f) individuals engaged on a fee for service basis in a management capacity referred to in any of clauses (b) to (e). (4) Remuneration and benefits must be disclosed (a) on an individual basis by name in the case of the individuals referred to in subsection (3)(a), (b) on an individual basis by reference to position titles in the case of the individuals referred to in subsection (3)(b), (c) and (d) and the individuals referred to in subsection (3)(f) who are engaged in a capacity referred to in subsection (3)(b), (c) or (d), and (c) on a group basis in the case of the individuals referred to in subsection (3)(e) and the individuals referred to in subsection (3)(f) who are engaged in a capacity referred to in subsection (3)(e). (5) Notwithstanding subsection (4)(a) and (b), where an individual is the chief executive officer and a member of a provincial health agency or regional health authority, the remuneration and benefits paid to that individual must be disclosed by name and position title. (6) The information that is required to be reported under this section must be reported as a note or schedule to the financial statements referred to in section 14(2)(b)(i) of the Act. (7) Where the sector Minister, by notice in writing, requires a provincial health agency or regional health authority to do so, the provincial health agency or regional health authority shall include in the disclosure required under this section the value of any severance package that is provided on termination of employment, disclosed on the same basis as other remuneration and benefits. 8 Section 4 is amended (a) in subsection (1) by adding "provincial health agency or" before "regional health authority"; (b) in subsection (2) (i) by adding "sector" before "Minister"; (ii) by adding "provincial health agency or" before "regional health authority"; (c) in subsection (3) by adding "provincial health agency or" before "regional health authority". 9 Section 5 is repealed and the following is substituted: Auditor eligibility 5 No person is eligible to be appointed by a provincial health agency or regional health authority as its auditor or to remain as its auditor unless that person is a professional accounting firm registered under the Chartered Professional Accountants Act and authorized to perform an audit engagement. 10 Section 6 is amended by adding "sector" before "Minister". 11 The following is added after section 6: Expiry 7 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on April 30, 2029. 12 This Regulation comes into force on the coming into force of section 40(33) of the Health Statutes Amendment Act, 2024.