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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 (March 19, 2015, effective April 1, 2015)
1 These regulations may be cited as the Health Authorities Ministerial Regulations.
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).
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.