General Administration Regulations

Regulation
Registration
R-083-2016
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Hospital Insurance and Health and Social Services Administration Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cited by
  • None.

The Commissioner, on the recommendation of the Minister, under section 28 of the Hospital Insurance and Health and Social Services Administration Act and every enabling power, makes the General Administration Regulations.

Approval of Health Services and Social Services

GENERAL ADMINISTRATION

REGULATIONS

1.

(1) The chief executive officer of the Territorial authority or of a Board of Management may apply to the Minister for approval, under paragraph 2.1(1)(a) or

(b) of the Act, of

(a) a health program or service as a health service for the purpose of paragraph (g) of the definition "health services" in subsection 1(1) of the Act; or

(b) a social program or service as a social service for the purpose of paragraph (d) of the definition "social services" in subsection 1(1) of the Act.

(2) An application under subsection (1) must be referred by the Minister to a committee authorized by the Minister to review applications for approval of health services or social services and to make recommendations.

(3) The Minister shall consider recommendations from the committee referred to in subsection (2) before approving a heath service or social service pursuant to an application made under subsection (1).

(4) For greater certainty, subsections (1) to (3) must not be construed as precluding the Minister, in the absence of an application under subsection (1), from approving health services under paragraph 2.1(1)(a) of the Act or social services under paragraph 2.1(1)(b) of the Act.

(5) For the purposes of paragraph (g) of the definition "health services" in subsection 1(1) of the Act, a health program or service that is not described in paragraph (a) to (f) of that definition, but that is included in the territorial plan, has been approved by the Minister under paragraph 2.1(1)(a) of the Act.

(6) For the purposes of paragraph (d) of the definition "social services" in subsection 1(1) of the Act, a social program or service that is not described in paragraph (a), (b) or (c) of that definition, but that is included in the territorial plan, has been approved by the Minister under paragraph 2.1(1)(b) of the Act.

Approval of Facilities

2.

(1) No building, institution or facility may be constructed, acquired or altered, or may be operated or may continue to be operated, as a facility in or from which health services or social services are provided unless the construction, acquisition, alteration or operation is approved in writing by the Minister.

(2) The Minister may grant an approval referred to in subsection (1) subject to any terms and conditions, including undertakings, that the Minister considers appropriate.

(3) The Minister, by notice in writing, may cancel or modify

(a) an approval referred to in subsection (1); or

(b) terms, conditions, or undertakings referred to in subsection (2).

(4) If the Minister cancels an approval under paragraph (3)(a), he or she may subsequently approve the construction, acquisition, alteration or operation of a hospital or health care facility on such terms and conditions, including undertakings, as he or she considers appropriate.

Records

3.

The chief executive officer of the Territorial authority, or of a Board of Management designated as a government body in the Designation of Government Body Regulations made under the Archives Act, shall take measures to ensure that all records held by or under the control of the Territorial authority or Board of Management are maintained in accordance with that Act.

4.

The chief executive officer of the Territorial authority or of a Board of Management shall provide the Minister with

(a) a copy of any report made by Accreditation Canada in respect of a facility or program for which the Territorial authority or Board of Management is responsible; and

(b) subject to subsection 15(2) of the Evidence Act, a copy of any report made following a review or evaluation of health services or social services for which the Territorial authority or Board of

Management is responsible

Board of Management Bylaws

5.

(1) Subject to subsection (2), a Board of Management may make bylaws

(a) respecting its internal organization and proceedings and the general conduct and management of the affairs of the Board of Management;

(b) respecting meetings of the Board of Management;

(c) respecting the appointment and organization of medical and professional staff;

(d) respecting the functions of senior medical and professional staff;

(e) respecting the granting, suspension and revocation of privileges in health facilities;

(f) respecting the acceptance or rejection of advice or recommendations from territorial committees established under section 8.3 of the Act; and

(g) adopting a code of ethics for board members.

(2) A bylaw or an amendment to a bylaw has no effect

(a) unless it is approved by the Minister; and

(b) to the extent that it conflicts with or is inconsistent with this Act, any other enactment or a directive.

(3) A Board of Management shall ensure that its bylaws are available for review by the public.

Board of Management Meetings

6.

Meetings of a Board of Management must be held at a location in the area served by the Board of Management.

7.

A Board of Management shall, in addition to the requirements under subsection 11(4) of the Act, provide a copy of minutes of each meeting, as approved by the board, to the Territorial board of management.

Chief Executive Officer

8.

The chief executive officer of a Board of Management is responsible to the Board of Management for the day to day operations of the Board of Management.

Commencement

9.

These regulations come into force on the day on which section 11 of An Act to Amend the Hospital Insurance and Health and Social Services Administration Act, S.N.W.T. 2015, c.14, comes into force.