Community Hospices Regulations
made under Section 78 of the
Health Authorities Act
S.N.S. 2014, c. 32
O.I.C. 2019-304 (effective October 29, 2019), N.S. Reg. 173/2019
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Prescribed health services
Provincial health authority’s responsibilities for community hospices
Appointing temporary manager
Terms of appointment
Notice of appointment
Powers of appointed manager
Liability of provincial health authority and appointed manager
Citation
1 These regulations may be cited as the Community Hospices Regulations.
Definitions
2 In these regulations,
“appointed manager” means a person appointed under Section 5 to manage and
administer, or assist in managing or administering, a community hospice;
“community hospice” means a facility to the extent that the facility provides
community hospice services;
“community hospice agreement” means an agreement to establish and sustainably
operate a community hospice;
“community hospice operator” means either of the following:
(i) the provincial health authority,
(ii) a person who has entered into a community hospice agreement
between the person and the provincial health authority;
“community hospice services” means end-of-life care, as approved by the Minister,
provided by a community hospice operator and delivered in a home-like setting in
accordance with the community hospice standards;
“community hospice standards” means the Nova Scotia Community Hospice
Residence Standards established by the provincial health authority.
Prescribed health services
3 Community hospice services are prescribed as services to be included in the definition of
“health services” in clause 2(1)(p) of the Act.
Provincial health authority’s responsibilities for community hospices
4 (1) Subject to subsection (2), the provincial health authority is responsible for all of the
following with respect to community hospices:
(a) establishing community hospices and delivering community hospice
services;
(b) approving and supervising the establishment and construction of community
hospices by others;
(c) entering into and carrying out community hospice agreements;
(d) in the manner and at such time or times that the provincial health authority
determines to be appropriate, supervising the operation of community
hospices and the delivery of community hospice services delivered by
others, including all of the following:
(i) requiring reports in a form and including content acceptable to the
provincial health authority,
(ii) inspecting, or appointing a person to inspect, community hospices
and community hospice services,
(iii) auditing, or appointing a person to audit, the administration of a
community hospice and the delivery of community hospice services;
(e) establishing and requiring adherence to standards and policies for the
administration of community hospices and community hospice services;
(f) if the provincial health authority determines it to be appropriate, requiring
the accreditation of a community hospice or community hospice operator;
(g) appointing temporary managers under Section 5.
(2) All of the following require the prior approval of the Minister:
(a) establishing a community hospice under clause (1)(a);
(b) approving the establishment and construction of a community hospice under
clause (1)(b);
(c) entering into a community hospice agreement under clause (1)(c).
Appointing temporary manager
5 (1) If the provincial health authority determines it to be necessary to ensure the
sustainable operation of a community hospice or to provide community hospice
services in accordance with these regulations, a community hospice agreement or
the community hospice standards, the provincial health authority may appoint a
person or persons, on a temporary basis, to manage and administer or assist in
managing or administering a community hospice.
(2) An appointment under this Section may be for such period or periods as the
provincial health authority determines necessary and may be extended or renewed.
(3) An appointment under this Section is subject to any terms and conditions
established by the provincial health authority.
Terms of appointment
6 (1) The provincial health authority may fix the remuneration and reimbursement of
expenses payable to an appointed manager upon appointment.
(2) An appointed manager may be appointed without security.
Notice of appointment
7 (1) The provincial health authority must give written notice of the appointment of an
appointed manager to all of the following:
(a) the community hospice operator of the community hospices that the
appointment applies to;
(b) the appointed manager.
(2) A notice of appointment under subsection (1) must include all of the following:
(a) the name of the appointed manager;
(b) the name of the community hospice operator of the community hospices
that the appointment applies to;
(c) an identification of all of the community hospices that the appointment
applies to;
(d) the date and time when the appointment becomes effective;
(e) the reasons for the appointment;
(f) any terms and conditions of the appointment, including those that end the
appointment.
Powers of appointed manager
8 (1) Subject to the terms and conditions of their appointment, an appointed manager
has all the powers and duties of the community hospice operator with respect to its
community hospices, including all of the following:
(a) occupying, managing and administering the community hospice;
(b) taking possession of and controlling all of the community hospice operator’s
assets and property that are necessary for, or are used in the operation of, the
community hospice;
(c) entering into any agreements, incurring and carrying out any obligations,
including any obligations arising in the ordinary course of operations of the
community hospice before and during the period of their appointment,
ceasing to carry on all or any part of the operations of the community
hospice and ceasing to perform any of the community hospice operator’s
contracts.
(2) If the community hospice operator is an incorporated body, the appointed manager
has, subject to the terms and conditions of their appointment, all of the powers and
duties of the directors and officers of the incorporated body with respect to its
community hospices.
(3) While the powers and duties of a community hospice operator and any directors or
officers are vested in an appointed manager, the community hospice operator and
the directors or officers may not exercise those powers or carry out those duties.
(4) An appointed manager must consider all of the following matters when exercising
their powers and duties:
(a) compliance with any enactment that applies to the community hospice
operator, its employees or the community hospice;
(b) compliance with the provincial health authority’s policies, directives and
standards that apply to the community hospice operator, its employees or
the community hospice;
(c) that their actions must be incidental to the attainment of the objects for
which the community hospice was established and must be in conformance
with the governance requirements of the community hospice operator;
(d) that they must be able to maintain sufficient control over the community
hospice operator’s operations, including the care of residents in its
community hospices, and its premises, accommodation, equipment and
community hospices;
(e) any terms and conditions for their appointment established in accordance
with Section 5.
Liability of provincial health authority and appointed manager
9 (1) No action or other proceeding for damages or otherwise may be instituted against
the provincial health authority or an appointed manager or any director, officer,
agent or employee of the provincial health authority or an appointed manager, as a
result of any act done in good faith in the performance or intended performance of
any duty under Section 8, or in the exercise or intended exercise of any power or
duty under Section 8, or of any neglect or default in the performance or exercise in
good faith of the power or duty.
(2) Neither the provincial health authority nor an appointed manager is liable for any
actions or omissions in connection with operating a community hospice during the
time before or after the appointment or attributable to that period.
(3) The appointment of an appointed manager, the management and administration of
a community hospice by an appointed manager or the ceasing of that management
and administration is not
(a) a sale, lease or transfer of the community hospice operator’s business or
operations for the purpose of Section 31 of the Trade Union Act;
(b) a merger, amalgamation or transfer of jurisdiction for the purpose of Section
32 of the Trade Union Act.
(4) For greater certainty, during the term of an appointed manager’s appointment,
(a) any collective agreement binding a community hospice operator continues
to apply;
(b) the employees of the community hospice operator remain the employees of
the community hospice operator; and
(c) neither the provincial health authority nor the appointed manager is liable
for any of the community operator’s employee-related liabilities.