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BILL NO. 47

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

                 
                                                               
                                                               
                                                               
                                                               
                                                               
          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




                          CHAPTER 15
                       ACTS OF 1995-96




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


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996






                 
                                                               
                           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)  such representative of the medical staff of the
              Corporation as may be determined by the by-laws or a
              procedure established by the by-laws of the
              Corporation;

                   (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.

              (10) The President and Chief Executive Officer of
the Corporation is a non-voting member of the Board and shall
not be included as a member of the Board in determining
quorum.


         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)  determining or establishing a procedure to
         determine the representative of the medical staff of the
         Corporation on the Board;

              (b)  the calling of meetings of the Board;

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

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

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

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

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

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

                   (b)  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 during the period of employment that
              the employee was credited with as an employee at the
              Victoria General 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 that an employee was credited with as an
employee at a predecessor hospital or as an employee at the
Victoria General as defined by clause 17(1)(b).


         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 of the Corporation,
              who are covered by collective agreements, 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 or a civil service bargaining unit
that included employees at the Victoria General as defined by
clause 17(1)(b) 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 or were credited with as employees at the predecessor
hospital or as employees at the Victoria General as defined by
clause 17(1)(b).

              (4)  The right of an employee of a predecessor hospital
or of an employee at the Victoria General as defined by clause
17(1)(b) 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 service that the employee was credited
with as an employee at the predecessor hospital or as an
employee at the Victoria General as defined by clause 17(1)(b).

              (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.