CHAPTER 15
OF THE
ACTS OF 1995-96
Short title
1 This Act may be cited as the Queen Elizabeth II Health Sciences Centre Act. 1995-96, c. 15, s. 1.
Interpretation
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. 1995-96, c. 15, s. 2.
Amalgamation
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. 1995-96, c. 15, s. 3.
Objects of Corporation
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. 1995-96, c. 15, s. 4.
Corporation not Crown agent
5 (1) The Corporation is not an agent of Her Majesty in right of the Province.
Employees not Crown agents
(2) A person employed or engaged by the Corporation is not an officer, servant or agent of Her Majesty in right of the Province. 1995-96, c. 15, s. 5.
Board of Directors
6 The Corporation shall be managed by a Board of Directors. 2000, c. 6, s. 112.
7 repealed 2000, c. 6, s. 112.
Quorum
8 A majority of the directors serving at any time constitutes a quorum. 1995-96, c. 15, s. 8.
Exemption from personal liability
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. 1995-96, c. 15, s. 9.
Chief administrative officer
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. 1995-96, c. 15, s. 10.
Powers of Corporation
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, hypothe-
cate 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.
Assignable securities
(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. 1995-96, c. 15, s. 11.
By-laws
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. 1995-96, c. 15, s. 12.
Tax exemption
13 The Corporation is exempt from taxation pursuant to any Act of the Legislature. 1995-96, c. 15, s. 13.
Execution of documents
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. 1995-96, c. 15, s. 14.
Auditor
15 (1) The Board may appoint an auditor to audit the accounts of the Corporation.
Qualifications
(2) An auditor appointed by the Board shall be either the Auditor General or an accountant licensed pursuant to the Public Accountants Act.
Audit expenses
(3) The expenses of the audit shall be payable by the Corporation as part of the cost of administration of the Corporation. 1995-96, c. 15, s. 15.
Regulations
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.
Regulations Act
(2) The exercise of the authority contained in this Section is regulations within the meaning of the Regulations Act. 1995-96, c. 15, s. 16.
Interpretation of Section
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
(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.
Effect of coming into force of Act
(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.
"benefits" defined
(3) In clause (2)(e), "benefits" means benefits contained in a collective agreement or contract of employment.
Deemed 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.
Rights preserved
(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.
Disability benefits
(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. 1995-96, c. 15, s. 17.
"employee at a predecessor hospital" defined
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.
Effect of coming into force of Act
(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.
"benefits" defined
(3) In clause (2)(b), "benefits" means benefits contained in a collective agreement or contract of employment.
Deemed 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.
Rights preserved
(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. 1995-96, c. 15, s. 18.
Application of Labour Standards Code
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). 1995-96, c. 15, s. 19.
Trade Union Act transferee
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.
Application of compensation legislation
(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).
Deemed seniority
(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).
Rights unaffected
(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).
"employee" defined
(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.
Additional Labour Relations Board members
(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.
Effect of appointment on quorum
(7) An appointment pursuant to subsection (6) does not increase the quorum of the Labour Relations Board. 1995-96, c. 15, s. 20.
Interpretation of Section
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.
Deemed employment
(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.
Continued employment
(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.
Effect of not making election
(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.
Effect of becoming Plan member
(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. 1995-96, c. 15, s. 21.
Successor employer
22 The Corporation is a successor employer for purposes of the Pension Benefits Act. 1995-96, c. 15, s. 22.
Rights and obligations of predecessors
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. 1995-96, c. 15, s. 23.
Abolition of Interim Board
24 (1) The Interim Board is abolished.
Ratification and confirmation of Board actions
(2) All actions by the Interim Board are hereby ratified and confirmed.
Indemnity of directors
(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. 1995-96, c. 15, s. 24.
Camp Hill Medical Centre Act repealed
25 (1) Chapter 50 of the Revised Statutes, 1989, the Camp Hill Medical Centre Act, is repealed.
Cancer Treatment & Research Foundation Act repealed
(2) Chapter 55 of the Revised Statutes, 1989, the Cancer Treatment and Research Foundation Act, is repealed.
N.S. Rehabilitation Centre Corporation Act repealed
(3) Chapter 316 of the Revised Statutes, 1989, the Nova Scotia Rehabilitation Centre Corporation Act, is repealed.
Victoria General Hospital Act repealed
(4) Chapter 491 of the Revised Statutes, 1989, the Victoria General Hospital Act, is repealed. 1995-96, c. 15, s. 25.
Proclamation
26 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. 1995-96, c. 15, s. 26.
Proclaimed (ss. 1-5, s. 6 [with
the exception of clause
6(1)(d) and ss. 6(3) and
(4)] and ss. 7-25) - February 27, 1996
In force (ss. 1-5, s. 6 [with
the exception of clause
6(1)(d) and ss. 6(3) and
(4)] and ss. 7-25) - February 27, 1996
Proclaimed clause 6(1)(d) - December 17, 1996
In force clause 6(1)(d) - December 17, 1996
