Projet de loi PR35, Ottawa Civic Hospital Act, 1996

[36] Projet de loi 35 Sanction royale (PDF)

Ottawa Civic Hospital Act, 1996

EXPLANATORY NOTE

The purpose of the Bill is set out in the Preamble.

Bill Pr351996

An Act respecting the

Ottawa Civic Hospital

Preamble

The board of trustees of the Ottawa Civic Hospital and The Corporation of the City of Ottawa have agreed that it is desirable that the operation of the Ottawa Civic Hospital be separated from the affairs of The Corporation of the City of Ottawa as set out in this Act. The board of trustees wishes to alter its composition and the objects of the Ottawa Civic Hospital Corporation and to transfer the trusteeship of the Henry P. Wright Trust Fund to the Ottawa Civic Hospital Foundation. The board of trustees of the Ottawa Civic Hospital has, with the approval of The Corporation of the City of Ottawa, applied for special legislation to achieve these ends.

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:

Definition

1. In this Act,

"board" means the board of trustees of the corporation;

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

"Hospital" means the hospital known as the Ottawa Civic Hospital.

Corporation continued

2. Ottawa Civic Hospital is continued as a corporation without share capital under the same name and is composed of those persons who comprise its board.

Objects

3. The objects of the corporation are,

(a) to establish, equip, maintain and operate hospital, teaching and research facilities; and

(b) to provide patient care and community health programs.

Contracts

4. (1) The corporation shall be bound by the terms of all existing contracts made by The Corporation of the City of Ottawa on behalf of the corporation in respect of the general management, equipment, maintenance or operation of the Hospital.

Gifts, etc.

(2) All gifts, trusts, bequests, devises and grants of real or personal property or of the income or proceeds from such property to County of Carleton General Protestant Hospital, St. Luke's General Hospital or Ottawa Maternity Hospital, whether made before or after the coming into force of this Act, by any person in his or her deed or will, shall, insofar as they have not vested in possession or been carried into effect on the day this Act comes into force, and in the absence of an express intention to the contrary set out in the deed or will, be construed as gifts, trusts, bequests, devises and grants to the corporation for the purpose of carrying out its objects.

Board

5. (1) The affairs of the corporation shall be managed by its board, which shall be composed of the following persons:

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

2. One person selected by the Ottawa Civic Hospital Auxiliary.

3. Chair of the Ottawa Civic Hospital Foundation.

4. Mayor of the City of Ottawa or, with the consent of the mayor, another member of the Council of The Corporation of the City of Ottawa who is appointed by resolution of such Council.

5. Dean of the Faculty of Medicine of the University of Ottawa.

6. One health professional selected by all of the Hospital staff organizations, except the staff organization for members of the College of Physicians and Surgeons of Ontario, who is,

i. an employee of the Hospital, and

ii. a member of a College, within the meaning of the Regulated Health Professions Act, 1991, except the College of Physicians and Surgeons of Ontario.

7. One member of the Civic Hospital Community Association selected by that Association.

8. Twelve persons recommended by the Appointments Committee and appointed by the corporation as provided in section 6.

Terms of office

(2) The members of the board described in paragraphs 6, 7 and 8 of subsection (1) shall serve for a term of three years, but shall not serve for more than three consecutive terms.

Same

(3) Despite subsection (2), a member of the board whose term of office has expired shall continue to serve until the election or appointment of his or her successor.

Same

(4) Service on the board before the coming into force of this Act is service for the purpose of subsection (2).

Rotating terms

(5) Despite subsection (2), at the first annual meeting of the corporation held after this Act comes into force, the board shall appoint the twelve persons described in paragraph 8 of subsection (1) for terms as follows:

1. The four members who receive the greatest number of votes shall serve for a term of three years.

2. The four members who receive the next greatest number of votes shall serve for a term of two years.

3. The four members who receive the next greatest number of votes shall serve for a term of one year.

4. The terms of office of members who are acclaimed shall be determined by lot after the terms of the elected members are determined, so that, whether elected or acclaimed, four members shall serve for a term of three years, four members shall serve for a term of two years and four members shall serve for a term of one year.

Vacancy

(6) The board may by resolution passed by two-thirds of the votes cast by the members present at a meeting called for the purpose declare the office of a member described in paragraph 6, 7 or 8 of subsection (1) vacant if, in the opinion of the board, the member has contravened a by-law of the corporation.

Same

(7) If a vacancy occurs among the members of the board described in paragraphs 6 and 8 of subsection (1), the vacancy may be filled as provided in section 6 for the remainder of the unexpired term of the vacating member.

Same

(8) If the office of the member described in paragraph 7 of subsection (1) becomes vacant, the Civic Hospital CommunityAssociation may select another of its members to fill the vacancy for the remainder of the unexpired term of the vacating member.

Chair

(9) The board shall appoint a chair from among its members at its annual meeting and may appoint one or more vice-chairs from among its members to act as chair if the chair is absent or the office is vacant.

Remuneration

(10) The members of the board shall serve without remuneration, except for disbursements incurred in connection with the affairs of the corporation and approved by the board, but this subsection does not prevent a member of the board described in paragraph 1 or 6 of subsection (1) from receiving a salary or other remuneration for his or her employment by or services rendered to the corporation otherwise than as a member of the board.

Transition

(11) Every member of the board in office immediately before the coming into force of this Act shall continue to hold office until his or her term of office expires.

Appointments Committee

6. (1) The board shall establish an Appointments Committee and shall appoint its members annually as follows:

1. Three members of the board selected by the board, one of whom shall be named by the board as chair of the Appointments Committee.

2. Four persons, each of whom is selected by an organization that represents the community served by the Hospital.

Representative organizations

(2) The board shall prepare, and may amend as it considers necessary, a list of organizations that represent the community served by the Hospital, from which the board shall choose four organizations annually for the purpose of paragraph 2 of subsection (1).

Same

(3) The list of organizations shall include one or more multicultural organizations and the following organizations:

Business and Professional Women's Club

Conseil régional d'Ottawa-Carleton de l'Association canadienne-française de l'Ontario

Federation of Citizens Association

Ottawa Board of Trade

Ottawa District Labour Council

Ottawa-Carleton District Health Council

University of Ottawa

Women's Business Network Association of Ottawa

President to be non-voting member and secretary

(4) The president of the corporation shall be a non-voting member of the Appointments Committee and shall act as its secretary.

Meetings

(5) The Appointments Committee shall meet at least once a year, and its first meeting shall be held not later than six months before the corporation's annual meeting.

Duties

(6) The Appointments Committee shall,

(a) recommend persons for appointment to the board for the purpose of paragraph 8 of subsection 5 (1), at the annual meeting of the corporation; and

(b) recommend persons to fill the vacancy of a member of the board described in paragraph 6 or 8 of subsection 5 (1) at a meeting of the board called for the purpose.

Same

(7) In selecting persons to recommend for appointment to the board, the Appointments Committee shall,

(a) review the current composition of the board, and the board's advice, provided under subsections (9) and (10), respecting its required skills and the abilities of the current members who are eligible for reappointment to the board;

(b) advertise the positions to the general public, in such manner as the Committee considers appropriate; and

(c) interview the candidates that the Committee, in its discretion, considers appropriate.

Same

(8) The Appointments Committee shall ensure that it recommends appointments so that the board as a whole is reflective of the community served by the Hospital; in so doing, the Committee shall consider such factors as it considers appropriate, including francophone, multicultural, gender and geographic representation on the board.

Skills assessment by board

(9) The board shall annually assess the skills required by its members to carry out their functions and responsibilities and shall report its conclusions to the Appointments Committee.

Assessment of current board members

(10) The board shall,

(a) establish a process for assessing the skills and performance of the members of the board described in paragraph 8 of subsection 5 (1) who are in the last year of their term, are eligible for reappointment to the board and have not advised the board that they will not seek reappointment;

(b) assess the members of the board described in clause (a) according to the established process; and

(c) advise the Appointments Committee of the process and of the results of its assessments.

Appointment to board

(11) The corporation at its annual meeting may, in its discretion, appoint or refuse to appoint any person recommended by the Appointments Committee under clause (6) (a) and the board may, in its discretion, appoint or refuse to appoint any person recommended by the Appointments Committee under clause (6) (b).

Process errors do not invalidate appointments

(12) No appointment to the board based on a recommendation by the Appointments Committee is invalid by virtue only of the board's or the Committee's failure to comply with any part of the appointment process as set out in this section.

President

7. The chief executive officer of the Hospital shall be the president of the corporation.

Powers of corporation

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

1. To alter, expand or enlarge the Hospital.

2. To establish and operate other hospitals or similar institutions.

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

4. To acquire any real property necessary or desirable for the management or operation of the Hospital, for its alteration, expansion or enlargement or for the establishment of another hospital or similar institution.

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

6. 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.

7. To enter into agreements with other public hospitals or entities with respect to sharing or supplying services or facilities.

8. To invest in such securities as are authorized by law for investments by trustees.

9. To operate and manage other activities ancillary to the operation of the Hospital and to apply the income from such activities to the purposes of the corporation.

By-laws

9. Subject to the Public Hospitals Act, the board may pass by-laws generally for the operation and management of the affairs of the corporation and, in particular, may pass by-laws establishing the duties and responsibilities of the members of the board, including attendance requirements for board meetings.

Dr. Henry P. Wright Trust Fund

10. (1) The Ottawa Civic Hospital Foundation is hereby appointed trustee in the place of the corporation for the purpose of administering the fund known as the Dr. Henry P. Wright Trust Fund and the Ottawa Civic Hospital Foundation may invest the fund, capitalize any part of its income and disburse all or part of its income for the purposes of education of nurses at the Hospital, in such manner as the board of directors of the Ottawa Civic Hospital Foundation may direct.

Same

(2) Subsection (1) does not preclude,

(a) an application under the Trustee Act for the appointment of a new trustee; or

(b) an application to court, upon written notice to the Public Guardian and Trustee, for approval to vary the terms of the trust if the purposes of the trust become impossible or impracticable to carry out, contrary to public policy or otherwise illegal.

11. (1) Section 1 of the City of Ottawa Act, 1988 is amended by adding the following subsection:

Not applicable to Ottawa Civic Hospital

(28) Beginning on the day the Ottawa Civic Hospital Act, 1996 comes into force, this section does not apply to the Ottawa Civic Hospital.

(2) Section 3 of the Act is repealed.

12. The Ottawa Civic Hospital Act, 1983 is repealed.

Commencement

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

Short title

14. The short title of this Act is the Ottawa Civic Hospital Act, 1996.