St. Catharines General

Hospital Act, 1997

EXPLANATORY NOTE

The purpose of the Bill is to alter the size and composition of the board of governors of The St. Catharines General Hospital.

Bill Pr70 1997

An Act respecting

The St. Catharines General Hospital

Preamble

The board of governors of The St. Catharines General Hospital has applied for special legislation in respect of matters set out in this Act.

It is appropriate to grant the application.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. (1) In this Act,

"board" means the board of governors of the corporation;

"chief of staff" means the chief of the medical and dental staffs of the Hospital.

"corporation" means the hospital corporation continued under section 2;

"Hospital" means the St. Catharines General Hospital;

"president" means the employee of the Hospital who is the chief executive officer of the board and the administrator of the Hospital within the meaning of section 1 of the Public Hospitals Act.

Corporation continued

2. (1) The St. Catharines General Hospital is continued as a corporation without share capital under its same name, "The St. Catharines General Hospital".

Corporation

(2) The corporation is composed of those persons who comprise its board.

Continuation of present board

(3) The members of the board and the officers of the corporation in office immediately before the coming into force of this Act are continued in office until their successors are appointed under this Act.

Objects

3. (1) The objects of the corporation are,

(a) to give care and treatment to the sick;

(b) to provide health education and maintain high health education standards;

(c) to promote medical research; and

(d) to maintain and improve community health.

Same

(2) Without limiting the generality of subsection (1), the corporation shall operate the Hospital and any other hospital, sanatorium or similar institution which it may establish, for the benefit and advantage of the residents of St. Catharines and the surrounding community.

Board

4. (1) The affairs of the corporation shall be managed by its board.

Composition

(2) The board shall be composed of the following persons:

1. The persons required by the Public Hospitals Act and its regulations.

2. Persons appointed by the board by virtue of office from entities or organizations designated by the board in its by-laws, such as councils of municipalities, local boards, funding organizations, the hospital auxiliary or community organizations.

3. Not less than 13 and not more than 16 persons appointed by the board to represent the community that is served by the Hospital.

Same

(3) The board shall designate by by-law the entities, organizations and office holders for the purpose of paragraph 2 of subsection (2).

Same

(4) The combined number of persons appointed under paragraphs 1 and 2 shall not exceed six.

Same

(5) The board may by by-law change the number of persons to be appointed under paragraph 3 of subsection (2) at a special meeting called for the purpose, but the number of persons,

(a) shall not be less than nine; and

(b) shall be at least twice the combined number of persons to be appointed under paragraphs 1 and 2.

Vacancy

(6) If a vacancy occurs among the members of the board appointed under paragraph 3 of subsection (2), the board shall appoint a person to fill the vacancy for the remainder of the term.

Same

(7) The board may, by resolution passed by two-thirds vote of the members present at a meeting duly called for that purpose, declare the seat of a member appointed under paragraph 3 of subsection (2) to be vacant.

Chair

(8) The board shall appoint annually at its first meeting of the year one of its number to be chair, who shall hold office for one year and until his or her successor is appointed, and the board may at any time appoint one of its number to be vice-chair, who shall in the absence of the chair, or in case his or her office is vacant, act in place of the chair.

Remuneration

(9) The members of the board shall serve without remuneration, except for reimbursement of actual disbursements approved by the board.

Powers of the corporation

5. (1) Subject to the Public Hospitals Act, the corporation has all the powers necessary to carry out its objects, including the following:

1. To establish and operate other hospitals, sanatoria or similar institutions.

2. To manage all the real and personal property used for the purposes of the Hospital.

3. To acquire any real property necessary or desirable for the operation of the Hospital or for the establishment or operation of another hospital, sanitorium or similar institution.

4. To accept donations, gifts, legacies and bequests.

5. To sell or dispose of any property no longer required for its purposes and the proceeds of the sale shall be applied to the purposes of the corporation.

6. To invest in any investment in which joint stock insurance companies and cash-mutual insurance corporations are authorized by the Corporations Act to invest, provided that it may invest up to 50 per cent of the aggregate book value of its trust funds at the time of investment in common shares.

7. To retain any specific assets donated or bequeathed to the Hospital, even if it is not an investment in which it is authorized to invest.

Protection from liability

(2) The corporation and the members of the board shall in no circumstances be liable, nor shall any trust company or other trustee acting on the direction of the board be liable, for any loss or damage that may be suffered by reason of the retention of any assets or the investment of any funds in accordance with the power and authority given in this Act.

By-laws

6. Subject to the Public Hospitals Act, the board may pass by-laws generally for the management of the affairs of the corporation.

Borrowing

7. The board may by by-law passed by a two-thirds vote of the members present at a meeting duly called for that purpose borrow money for the purposes of the corporation, and secure its repayment.

Not liable to expropriation

8. No real property or interest in real property of the corporation that is used for the purposes of the corporation shall be liable to be entered upon, used or taken by any municipal or other corporation or by any person possessing the right of taking land compulsorily for any purpose whatsoever, and no power to expropriate real property hereafter conferred on any such corporation or person shall extend to such real property or interest, unless in the Act conferring the power it is made in express terms to apply to such real property.

Repeals

9. The following Acts are repealed:

1. The St. Catharines General Hospital Act, 1924.

2. The St. Catharines General Hospital Act, 1955.

3. The St. Catharines General Hospital Act, 1962- 63.

4. The St. Catharines General Hospital Act, 1970.

Commencement

10. This Act comes into force on the day it receives Royal Assent.

Short title

11. The short title of this Act is the St. Catharines General Hospital Act, 1997.

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