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Health Authorities Ministerial Regulations
made under Section 79 of the
Health Authorities Act
S.N.S. 2014, c. 32
N.S. Reg. 64/2015 (effective April 1, 2015)
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
Number of CHB board members
Selection of CHB board members
Eligibility of CHB board members
CHB board member attributes
Vacancies
Designations and exemptions under clauses 79(1)(m) and (o) of the Act
Citation
1 These regulations may be cited as the Health Authorities Ministerial Regulations.
Definitions
2 In these regulations,
“Act” means the Health Authorities Act;
“CHB board” means the board of directors of a CHB;
“CHB” means a community health board established or continued pursuant to this
[the] Act;
“CHB Operations Manual” means the CHB operations manual established by the
provincial health authority;
“designated organization” means an organization designated in subsection 9(1).
Number of CHB board members
3 Subject to Section 64 of the Act, a CHB must determine the number of CHB board
members that will constitute its board and the quorum requirements.
Selection of CHB board members
4 (1) Subject to the Act, the provincial health authority must determine the process as to
how CHB board members are selected and a CHB must establish a CHB volunteer
selection committee as defined in the CHB Operations Manual.
(2) The selection process established pursuant to subsection (1), must be open, public
and transparent in all respects, including all of the following:
(a) the selection process must, to the extent possible, ensure that the selection of
CHB board members is broadly representative of the area served by the
CHB, taking into account geographic, cultural, ethnic, and demographic
factors;
(b) the opportunity to be considered for CHB board membership must be open
to all members of the public;
(c) the opportunity to apply for consideration or to put forward the names of
others for consideration must be publicly advertised prior to the selection of
CHB board members;
(d) the opportunity for applicants to self-identify as members of minority
groups, such as persons with disabilities, First Nations, visible and cultural
minorities; [sic]
(e) the criteria for selecting members must be included in the advertisements or
other mechanisms used to recruit members;
(f) if the selection of CHB board members is to be made through a process that
includes public input as to the relative suitability of various applicants the
process must be organized in such a way, including appropriate public
advertisement, as to give members of the public an equal opportunity to
decide whether or not to participate in the process;
(g) no person who is being considered for membership on the CHB board can
participate in the selection process;
(h) the information about each applicant that serves as the basis on which
members are selected will include the information submitted by or on behalf
of the applicant, but the CHB may seek additional relevant information
about applicants as part of its process, provided that all information about an
applicant that is relied on is available to the applicant on request and does
not contravene the Nova Scotia Human Rights Act; and
(i) every applicant for nomination who is not selected will be provided, on their
request, with an explanation of the process and the basis for the selection of
the nominees.
(3) The selection process must be
(a) defined in writing by the provincial health authority in the CHB Operations
Manual and must include the terms of reference of a CHB volunteer
selection committee established pursuant to subsection 8(2); and
(b) available on request to any member of the public, a CHB, or the Department
of Health and Wellness, and any modifications to the process while
membership selection is in process should be of a minor nature only.
Eligibility of CHB board members
6 No person shall be permitted to be a member of a CHB board who
(a) is an employee of the provincial health authority, the IWK Health Centre or
the Department of Health and Wellness; or
(b) holds privileges with the provincial health authority or the IWK Health
Centre.
CHB board member attributes
7 (1) Selection of a CHB board member must be based on the applicant’s ability to
demonstrate that they have the following attributes:
(a) have leadership potential and an active interest in the community;
(b) have knowledge of health issues or a willingness to learn, or both;
(c) understand and be willing to accept the responsibility and accountability of
being a member of a CHB board;
(d) are willing and able to commit the time necessary for the work of the CHB
board;
(e) have the ability to work effectively as a member of a team;
(f) have the ability to bring a useful perspective to the deliberations and work
of the CHB board;
(g) have the ability to meet the CHB board member qualifications and
demonstrated competencies identified in the Community Health Board
Operations Manual.
(2) Criteria additional to subsection (1) may be added by the CHB board to address
local requirements and must be included in the selection process made pursuant to
subsection 4(3).
Vacancies
8 The CHB board may fill vacancies in the event a CHB board member is, for any reason,
unable to complete the term and the process used to fill such vacancies must be
documented in writing prior to filling the vacancies and must be subject to the same
requirements as stated in clause 4(1)(a) [4(2)(a)] and subsection 4(3).
Designations and exemptions under clauses 79(1)(m) and (o) of the Act
9 (1) Every organization that receives Community Transportation Assistance Program
funding from the Department of Municipal Affairs is designated for the purpose of
clause 79(1)(m) of the Act.
(2) Every designated organization is exempted from paying any fee or cost charged by
a health authority on a monthly, daily, or hourly basis for authorized parking of a
motor vehicle on the health authority’s property.
Legislative History
Reference Tables
Health Authorities Ministerial Regulations
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N.S. Reg.
64/2015
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Health Authorities Act
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Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only. |
Source Law
The current consolidation of the Health Authorities Ministerial Regulations made
under the Health Authorities Act includes all of
the following regulations:
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64/2015
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Apr 1, 2015 |
date specified |
Apr 17, 2015 |
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The
following regulations are not yet in force and are not included in the
current consolidation:
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended |
fc. = fee change
ra. = reassigned |
rep. = repealed
rs. = repealed and substituted |
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Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections
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1 |
The reference to the Department of Municipal Affairs in
s. 9(1) should be read as a reference to the Department of Municipal Affairs
and Housing in accordance with O.I.C. 2019-150 under the Public Service Act, R.S.N.S. 1989, c. 376. |
Jun 3, 2019 |
2 |
The reference to the Department of Municipal Affairs in
s. 9(1) should be read as a reference to the Department of Municipal Affairs in accordance with O.I.C.
2021-58 under the Public Service Act,
R.S.N.S. 1989, c. 376. |
Feb 23, 2021 |
3 |
The reference to the Department of Municipal Affairs in
s. 9(1) should be read as a reference to the Department of Municipal Affairs and Housing in accordance with
O.I.C. 2021-209 under the Public
Service Act, R.S.N.S. 1989, c. 376. |
Aug 31, 2021 |
Repealed and Superseded
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257/2008 |
District Health Authority Parking Fees Exemption
Regulations |
May 1, 2008 |
Mar 30, 2015 |
28/2001 |
Community Health Board’s Member Selection Regulations |
Mar 16, 2001 |
Mar 30, 2015 |
Note: Only regulations
that are specifically repealed and replaced appear in this table. It may not reflect the entire history of
regulations on this subject matter.