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BILL NO. 47

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                    44 Elizabeth II, 1995

                 
                                                               
                                                               
                                                               
                                                               
                                                               
          An Act to Amalgamate the Victoria General
      Hospital at Halifax, the Camp Hill Medical Centre,
      the Nova Scotia Rehabilitation Centre Corporation
            and the Cancer Treatment and Research
              Foundation of Nova Scotia to form
        the Queen Elizabeth II Health Sciences Centre










                 
                                                               
                                                               
         The Honourable Ronald D. Stewart, O.C., M.D.
                      Minister of Health


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                             
                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
An Act to Amalgamate the Victoria General
Hospital at Halifax, the Camp Hill Medical Centre,
the Nova Scotia Rehabilitation Centre Corporation
and the Cancer Treatment and Research
Foundation of Nova Scotia to form
the Queen Elizabeth II Health Sciences Centre



         Be it enacted by the Governor and Assembly as follows:


         1  This Act may be cited as the Queen Elizabeth II Health Sciences Centre Act.


         2  In this Act,

            (a) "Board" means the Board of Directors of the Corporation;

            (b) "Corporation" means the Queen Elizabeth II Health Sciences Centre;

            (c) "director" means, except where the context otherwise requires, a member of
         the Board;

            (d) "Interim Board" means the Special Interim Board of the Queen Elizabeth II
         Health Sciences Centre established September 27, 1994;

            (e) "Minister" means the Minister of Health;

            (f) "predecessor hospitals" means the Camp Hill Medical Centre, the Cancer
         Treatment and Research Foundation of Nova Scotia, the Nova Scotia Rehabilitation
         Centre Corporation and the Board of Commissioners of the Victoria General Hospital at
         Halifax.


         3  The Camp Hill Medical Centre, incorporated by the Camp Hill Medical Act, the
Cancer Treatment and Research Foundation of Nova Scotia, incorporated by the Cancer
Treatment and Research Foundation Act, the Nova Scotia Rehabilitation Centre Corporation,
incorporated by the Nova Scotia Rehabilitation Centre Corporation Act, and the Victoria
General Hospital at Halifax established by the Victoria General Hospital Act are hereby
amalgamated and continued as a body corporate to be known as the Queen Elizabeth II Health
Sciences Centre.


         4  The objects of the corporation are to operate a hospital and any educational,
research or residential facility, medical facility, diagnostic centre or other facility of that
hospital, including those hospitals or treatment facilities known as the Camp Hill Medical
Centre, the Cancer Treatment and Research Foundation of Nova Scotia, the Nova Scotia
Rehabilitation Centre and the Victoria General Hospital at Halifax.


         5  (1) The Corporation is not an agent of Her Majesty in right of the Province.

            (2) A person employed or engaged by the Corporation is not an officer, servant
or agent of Her Majesty in right of the Province.


         6  (1) The Corporation shall be managed by a Board of Directors composed of

                (a) the President and Chief Executive Officer of the Corporation;

                (b) the President of the Medical Staff of the Corporation or such other
            representative of the medical staff of the Corporation as may be determined by the
            regulations;

                (c) the Dean of the Dalhousie Medical School;

                (d) three persons appointed by the Board; and

                (e) eight persons appointed by the Governor in Council.

            (2) Section 19 of the Hospitals Act does not apply to the Corporation.

            (3) Of the first directors appointed pursuant to clause (1)(d), one shall be
appointed for a term of three years, one shall be appointed for a term of two years and one shall
be appointed for a term of one year and of the first directors appointed pursuant to clause (1)(e),
three shall be appointed for a term of three years, three shall be appointed for a term of two
years and two shall be appointed for a term of one year.

            (4) Subject to subsection (3), each director appointed pursuant to clause (1)(d)
or (e) holds office for a term of three years.

            (5) Notwithstanding subsection (4), directors appointed pursuant to clause (1)(e)
continue to hold office until their successors are appointed.

            (6) A director appointed pursuant to clause (1)(d) or (e) may be re-appointed
except that no such director who has served two consecutive terms may be re-appointed until at
least two years after ceasing to be a director.

            (7) Notwithstanding subsections (3), (4) and (5), the Governor in Council may
remove, suspend, reinstate or replace a director appointed pursuant to clause (1)(e) at any time.

            (8) If a director appointed pursuant to clause (1)(d) or (e) ceases to hold office
for any reason before that director's term of office expires, the Governor in Council or the
Board, as the case may be, may appoint a person to hold office for the unexpired portion of the
term.

            (9) A vacancy on the Board does not impair the right of the remaining directors
to act.


         7  (1) The Governor in Council shall appoint a director to be the Chair of the
Corporation and the Board shall appoint a director to be the Vice-chair of the Corporation.

            (2) The Board shall appoint a Secretary to the Board.

            (3) The Board shall elect from among its members such other officers as the by-laws of the Corporation may provided.


         8  A majority of the directors serving at any time constitutes a quorum.


         9  A director is not personally liable for anything done or omitted to be done or for any
neglect or default in the bona fide exercise or purported exercise of a power conferred upon that
director pursuant to this Act.


         10 There shall be a chief administrative officer of the Corporation appointed by the
Board to be known as the President and Chief Executive Officer.


         11 (1) The Corporation may do such things as are necessary for, or incidental to,
the attainment of its objects and the exercise of its powers and, without restricting the generality
of the foregoing, may

                (a) take and hold real or personal property of any and every description
            by donation, deed, devise, bequest, lease, gift, grant, purchase or other means and
            sell, lease, mortgage, hypothecate or invest the same and may hold lands or
            tenements or an interest therein;

                (b) execute and carry out any trusts respecting real or personal property
            that is donated, devised, bequeathed, granted, conveyed or given to the
            Corporation;

                (c) raise or borrow money for the purposes of the Corporation and secure
            the repayment of the same by such form of security as is deemed suitable by the
            directors and, without restricting the generality of the foregoing, by the execution
            and delivery of mortgages of all or any part of the real or personal property of the
            Corporation, both present and future, or by the issue of bonds, debentures,
            promissory notes or hypothecation forms secured by mortgage or other charge upon
            all or any part of the real or personal property the Corporation, both present and
            future;

                (d) pledge debentures as security for loans;

                (e) make, accept, draw, execute, issue and endorse bills of exchange,
            cheques, promissory notes, hypothecation forms or such other instruments as may
            be found necessary or convenient;

                (f) retain any investment, bequest, devise or gift in the form in which the
            same may come into its hands for as long as it deems proper and may invest the
            proceeds of the same or any part thereof and hold any real or personal property
            subject to and upon any trusts, terms or conditions imposed in the acquisition
            thereof.

            (2) Bonds, debentures and other securities issued pursuant to this Act may be
made assignable, free from any equities between the Corporation and person to whom the
securities were issued.


         12 The Corporation may make by-laws, rules and regulations with respect to the
conduct and management of the affairs of the Corporation and the exercise of the powers
otherwise conferred by this Act including, without limiting the generality of the foregoing,

            (a) the calling of meetings of the Board;

            (b) the making of by-laws for the appointment of such officers, boards and
         committees as are deemed necessary;

            (c) the delegation to officers and committees of such powers and duties as the
         Board deems necessary;

            (d) the procedure to be followed at meetings of the Board and of the committees;

            (e) the appointment, removal, functions and duties of the medical staff, officers,
         agents and servants of the Corporation;

            (f) the management and administration of the Corporation and training schools
         and institutions associated therewith;

            (g) by-laws governing the medical staff in connection with the medical and
         surgical work of the Corporation and institutions and facilities associated with the
         Corporation,

and of all matters and things connected therewith.


         13 The Corporation is exempt from taxation pursuant to any Act of the Legislature.


         14 Any deed, mortgage, trust deed, lease, assignment of mortgage, bond, debenture,
promissory note, bill of exchange or other documents or security that in the course of business
may have to be executed by the Corporation may be signed by the Chair or Vice-chair and the
Secretary, or by any officer of the Corporation or officer or director of the Corporation that the
Corporation may authorize in that behalf by resolution, regulation or by-law, and the seal of the
Corporation is only necessary on such documents as would be required to be sealed by private
individuals.


         15 (1) The Board may appoint an auditor to audit the accounts of the Corporation.

            (2) An auditor appointed by the Board shall be either the Auditor General or an
accountant licensed pursuant to the Public Accountants Act.

            (3) The expenses of the audit shall be payable by the Corporation as part of the
cost of administration of the Corporation.


         16 (1) The Governor in Council, after consultation by the Minister with the
Corporation, may make regulations

                (a) determining the representative of the medical staff of the Corporation
            on the Board;

                (b) defining any word or expression used in this Act and not defined in this
            Act;

                (c) respecting any matter or thing that the Governor in Council considers
            necessary or advisable to carry out effectively the intent and purpose of this Act.

            (2) The exercise of the authority contained in this Section is regulations within
the meaning of the Regulations Act.


         17 (1) In this Section,

                (a) "Board of the Victoria General" means the Board of Commissioners
            at the Victoria General Hospital at Halifax or the Interim Board;

                (b) "employee at the Victoria General" means a person employed at the
            Victoria General Hospital at Halifax immediately before this Act comes into force
            and

                    (i) appointed in accordance with the Civil Service Act as an officer
                or employee required by the Board of the Victoria General for the proper
                conduct, management and operation of the Hospital,

                    (ii)     employed by the Board of the Victoria General or by the Minister
                as provided for by the Governor in Council, or

                    (iii)    otherwise employed by the Board of the Victoria General or the
                Minister.

            (2) On the coming into force of this Act,

                (a) every employee at the Victoria General ceases to be a person appointed
            in accordance with the Civil Service Act and becomes an employee of the
            Corporation;

                (b) each bargaining unit in the civil service that includes employees of the
            Corporation is and is deemed to be two separate bargaining units, namely,

                    (i) a non-civil service bargaining unit composed of the members of
                the bargaining unit who are employees of the Corporation, and

                    (ii)     the civil service bargaining unit composed of the members of the
                bargaining unit who are not employees of the Corporation,

            and the collective agreements so affected are deemed to be amended accordingly
            and shall be given effect as if the bargaining units were always separate;

                (c) the Civil Service Act and regulations made pursuant thereto and the
            Civil Service Collective Bargaining Act do not apply to employees of the
            Corporation;

                (d) policies and procedures applicable to civil servants do not apply to
            employees of the Corporation except to the extent that they are adopted by the
            Corporation;

                (e) subject to clauses (a) and (b) and notwithstanding clauses (c) and (d),
            every employee of the Corporation who was an employee at the Victoria General
            is employed by the Corporation on the same or equal terms and conditions as to
            salary and benefits as those under which the employee was an employee at the
            Victoria General and until changed by collective agreement or contract of
            employment; and

                (f) the Corporation and the employees of the Corporation covered by a
            collective agreement concluded pursuant to the Civil Service Collective Bargaining
            Act and their bargaining agent are bound by the collective agreement as if the
            Corporation were party to the collective agreement as the employer and as if the
            collective agreement were concluded pursuant to the Trade Union Act by a
            bargaining agent certified pursuant to that Act.

            (3) In clause (2)(e), "benefits" means benefits contained in a collective agreement
or contract of employment.

            (4) Every employee of the Corporation who was an employee at the Victoria
General is deemed to have been employed by the Corporation for the same period of employment
that the employee was credited with as an employee at the Victoria General.

            (5) For greater certainty,

                (a) nothing in this Section means or shall be construed to mean that there
            has been a termination of the employment of an employee at the Victoria General;
            and

                (b) benefits accumulated by an employee at the Victoria General while
            employed at the Victoria General Hospital at Halifax are vested in the employee,
            and the employee is entitled to receive those benefits from the Corporation.

            (6) Subject to any applicable collective agreement or contract of employment, the
Corporation shall provide long-term disability benefits for the employees at the Victoria General
who were members of the Nova Scotia Public Service Long-Term Disability Plan immediately
before the coming into force of this Act, such benefits to be the same as or equal to the benefits
under the Plan, and the assets and liabilities of the Plan in respect of the employees at the
Victoria General shall be transferred to the Corporation.


         18 (1) In this Section, "employee at a predecessor hospital" means a person
employed by

                (a) the Camp Hill Medical Centre;

                (b) the Cancer Treatment and Research Foundation of Nova Scotia;

                (c) Nova Scotia Rehabilitation Centre Corporation; or

                (d) the Interim Board,

immediately before this Act comes into force but does not include a person employed by the
Interim Board at the Victoria General Hospital at Halifax.

            (2) On the coming into force of this Act,

                (a) every employee at a predecessor hospital becomes an employee of the
            Corporation; and

                (b) every employee of the Corporation who was an employee at a
            predecessor hospital immediately before the coming into force of this Act is
            employed by the Corporation on the same terms and conditions as to salary and
            benefits as those under which the employee was an employee at a predecessor
            hospital and until changed by collective agreement or contract of employment.

            (3) In clause (2)(b), "benefits" means benefits contained in a collective agreement
or contract of employment.

            (4) Every employee of the Corporation who was an employee of a predecessor
hospital is deemed to have been employed by the Corporation for the same period of employment
that the employee was credited with as an employee at a predecessor hospital.

            (5) For greater certainty,

                (a) nothing in this Section means or shall be construed to mean that there
            has been a termination of the employment of an employee at a predecessor hospital;
            and

                (b) benefits accumulated by an employee at a predecessor hospital while
            employed at a predecessor hospital are vested in the employee, and the employee
            is entitled to receive those benefits from the Corporation.


         19 Notwithstanding any other provision of this Act, Section 71 of the Labour Standards
Code does not apply to a period of employment with a predecessor hospital.


         20 (1) For greater certainty, the Corporation is a transferee for the purpose of
Section 31 of the Trade Union Act and, without limiting the generality of the foregoing,

                (a) the Corporation is bound by successor rights as determined pursuant
            to the Trade Union Act; and

                (b) subject to the Trade Union Act, the Corporation and the employees,
            who are covered by collective agreements, of a predecessor hospital are bound by
            the collective agreements as if the Corporation were a party to them.

            (2) The Public Sector Compensation (1994-97) Act applies to the Corporation
and members and employees of the Corporation except that, notwithstanding subsection 3(4) of
that Act,

                (a) Section 23 of that Act does not apply;

                (b) the Labour Relations Board may exercise all of its powers under the
            Trade Union Act but the total effect of any changes to collective agreements shall
            not increase the total cost of all compensation in respect of all employees to whom
            the collective agreements changed apply and the pay rates, as defined by the Public
            Sector Compensation (1994-97) Act, are not more than permitted by that Act; and

                (c) no change shall be made in a collective agreement without the approval
            of the Labour Relations Board in accordance with clause (b).

            (3) Where the Labour Relations Board, in applying subsection (1) or (2),
determines that those employees, of the Corporation, who were not previously included in a
bargaining unit of a predecessor hospital are to be included in a bargaining unit of the
Corporation, those employees are deemed to have seniority credits with the Corporation equal
to the employment service they had with the predecessor hospital.

            (4) The right of an employee of a predecessor hospital to employment with the
Corporation in a bargaining unit position is not affected by whether that employee was
previously employed pursuant to a collective agreement and the employee is deemed to have
seniority credits with the Corporation equal to the employee's service with the predecessor
hospital.

            (5) In subsections (3) and (4), "employee" means an employee as defined in
Section 2 of the Trade Union Act but, for greater certainty, does not include those described in
subsection 2(2) of that Act.

            (6) Where, in the opinion of the Minister of Labour, the workload of the Labour
Relations Board requires additional members, the Governor in Council may, in addition to the
Vice-chair appointed pursuant to subsection 16(4) of the Trade Union Act, appoint additional
members and vice-chairs to the Labour Relations Board for such period of time as is set out in
the appointment.

            (7) An appointment pursuant to subsection (6) does not increase the quorum of
the Labour Relations Board.


         21 (1) In this Section,

                (a) "employee at the Victoria General" means an employee at the Victoria
            General as defined in clause 17(1)(b) who, immediately before this Act comes into
            force, was an employee within the meaning of the Public Service Superannuation
            Act;

                (b) "Fund" means the Public Service Superannuation Fund established
            pursuant to the Public Service Superannuation Act;

                (c) "Plan" means a pension plan established by the Corporation either
            independently or in co-operation with other hospitals under the Nova Scotia
            Association of Health Organizations Pension Plan.

            (2) Notwithstanding anything in this Act, until and including March 31, 1998,

                (a) each employee at the Victoria General is deemed to continue to be a
            person employed in the public service of the Province for all purposes of the Public
            Service Superannuation Act and service in the employment of the Corporation is
            deemed to be service in the public service of the Province;

                (b) the Corporation shall deduct from the salary of each employee at the
            Victoria General such amount as is directed by the Governor in Council to be
            deducted from the salary of employees in the public service of the Province and
            shall pay the same to the Minister of Finance, and such amounts when so received
            shall be paid into and form part of the Fund; and

                (c) where by the Public Service Superannuation Act a matching payment
            is directed to be made into the Fund by the Government or the Minister of Finance
            or where by that Act a superannuation allowance or other sum is directed to be
            paid out of the Consolidated Fund of the Province, then, in respect of an employee
            at the Victoria General, the payment, superannuation allowance or other sum shall
            be paid by the Corporation and shall form part of the annual expenses of the
            Corporation.

            (3) On and after April 1, 1998, all employees at the Victoria General continue
to be employees within the meaning of the Public Service Superannuation Act unless they elect,
in writing in the form approved by the Superintendent of Pensions, to become members of the
Plan.

            (4) Where an employee of the Corporation does not make an election pursuant
to subsection (3), clauses (2)(a), (b) and (c) continue to apply with respect to that employee after
the expiry of the time for making the election.

            (5) Where an employee at the Victoria General elects pursuant to subsection (3)
to become a member of the Plan,

                (a) for the purpose of determining the eligibility of the employee to a
            deferred superannuation allowance under the Public Service Superannuation Act,
            service with the Corporation is to be recognized; and

                (b) for the purpose of determining the eligibility of the employee to a
            pension under the Plan, service under the Public Service Superannuation Act is to
            be recognized.


         22 The Corporation is a successor employer for purposes of the Pension Benefits Act.


         23 For greater certainty,

            (a) all right, title and interest of the predecessor hospitals in any real or personal
         property or otherwise is vested in the Corporation; and

            (b) the obligations and liabilities of the predecessor hospitals are the obligations
         and liabilities of the Corporation including all employee benefits and entitlements.


         24 (1) The Interim Board is abolished.

            (2) All actions by the Interim Board are hereby ratified and confirmed.

            (3) The directors of the Interim Board shall be indemnified by the Corporation
for any liability that they incurred as members of the Special Interim Board.


         25 (1) Chapter 50 of the Revised Statutes, 1989, the Camp Hill Medical Centre Act,
is repealed.

            (2) Chapter 55 of the Revised Statutes, 1989, the Cancer Treatment and Research
Foundation Act, is repealed.

            (3) Chapter 316 of the Revised Statutes, 1989, the Nova Scotia Rehabilitation
Centre Corporation Act, is repealed.

            (4) Chapter 491 of the Revised Statutes, 1989, the Victoria General Hospital Act,
is repealed.


         26 This Act comes into force on such day as the Governor in Council orders and
declares by proclamation.