EMERGENCY AND HEALTH SERVICES AMENDMENT ACT, 2013 (First Reading)

BILL
NUMBER

TITLE

DATE
INTRODUCED

EMERGENCY AND HEALTH SERVICES AMENDMENT ACT, 2013
(First Reading)

Feb. 18/13

Commencement:

This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

SECTION 1: [Emergency Health and Services Act, Act] is self-explanatory.

SECTION 2: [Emergency and Health Services Act, sections 1 to 5.6] provides for continuation of the Emergency and Health Services Commission as a corporation and, with respect to that corporation, provides for matters relating to

its purposes and board of directors,
the appointment of a public administrator in specified circumstances,
its financial administration and staff,
general or special directions of the minister,
minister's orders respecting stewardship purposes, and
interjurisdictional service agreements, the provision of services of visiting health professionals and interjurisdictional cooperation.

SECTION 3: [Emergency and Health Services Act, section 6]

is consequential to the definition of "licensing board", as added by this Bill to section 1 of the Act;
provides for rules of procedure of the licensing board;
requires the licensing board to provide to the minister an annual report on its operations.

SECTION 4: [Emergency and Health Services Act, sections 7 to 9] is consequential to the definition of "licensing board", as added by this Bill to section 1 of the Act.

SECTION 5: [Emergency and Health Services Act, section 9.1] authorizes the corporation to apply to the Supreme Court for an injunction relating to a contravention of specified provisions of the Act or the regulations.

SECTION 6: [Emergency and Health Services Act, section 10]

makes the immunity provision consistent with other statutory immunity provisions;
clarifies when the corporation or government is not absolved from vicarious liability.

SECTION 7: [Emergency and Health Services Act, section 12] prohibits a person from using a title prescribed in the regulations if the person does not hold a licence under the Act.

SECTION 8: [Emergency and Health Services Act, section 13] repeals the annual reporting requirements rendered unnecessary by the enactment by this Bill of sections 3 (5) and 6 (8) of the Act.

SECTION 9: [Emergency and Health Services Act, section 14] retains the authority of the Lieutenant Governor in Council to prescribe the manner in which an emergency medical assistant is selected to be a member of the licensing board.

SECTION 10: [Emergency and Health Services Act, sections 15 to 18] provides for regulations of the minister and provisions relating to transfer of records, rights, property, assets, obligations and liabilities, and assignment of agreements.

SECTION 11: [Transition – regulations] provides for temporary regulations of the Lieutenant Governor in Council related to the transfer of records, rights, property, assets, obligations and liabilities, the assignment of agreements and any transitional difficulties.

SECTION 12: [Business Practices and Consumer Protection Act, section 142.1] is consequential to the repeal and replacement by this Bill of the title of the Emergency and Health Services Act.

SECTION 13: [Emergency Communications Corporations Act, section 1] is consequential to the repeal and replacement by this Bill of the title of the Emergency Health and Services Act, and to the change of name of the corporation in section 2 (1) of that Act, as repealed and replaced by this Bill.

SECTION 14: [Evidence Act, section 51] makes the language consistent, expands certain definitions and expands the rules of disclosure of information and records.

SECTION 15: [Freedom of Information and Protection of Privacy Act, Schedule 1] expands the definition of "health care body" to include the corporation.

SECTION 16: [Freedom of Information and Protection of Privacy Act, Schedule 2] repeals the reference to the Emergency and Health Services Commission

as, consequential to section 2 (1) of the Emergency and Health Services Act, as repealed and replaced by this Bill, the name of the corporation is changed, and
as, consequential to the expansion of the definition of "health care body" in Schedule 1 of the Freedom of Information and Protection of Privacy Act, as amended by this Bill, a reference in Schedule 2 of that Act to the corporation is no longer necessary.

SECTION 17: [Gunshot and Stab Wound Disclosure Act, section 1] is consequential to the repeal and replacement by this Bill of the title of the Emergency and Health Services Act.

SECTION 18: [Health Authorities Act, section 5] adds a purpose to regional health boards for consistency with section 5.1 (1) (d) of the Emergency and Health Services Act, as repealed and replaced by this Bill.

SECTION 19: [Health Authorities Act, section 10]

requires a board to submit to the minister, after the end of its fiscal year, the documents as set out;
clarifies that the end of the year is the end of the fiscal year.

SECTION 20: [Health Care (Consent) and Care Facility (Admission) Act, section 1] expands the definition of "health care provider" to include a person in a prescribed class of persons who is licensed, certified or registered to provide health care under a prescribed Act.

SECTION 21: [Health Care (Consent) and Care Facility (Admission) Act, section 34] is consequential to the amendment by this Bill of the definition of "health care provider" in section 1 of the Act.

SECTION 22: [Health Care Costs Recovery Act, section 1] is consequential to the repeal and replacement by this Bill of the title of the Emergency and Health Services Act.

SECTION 23: [Health Planning Statutes Amendment Act, 2002, sections 2 to 7 and 26] repeals provisions that are no longer necessary.

SECTION 24: [Health Professions Act, section 14] adds that a person is not prohibited from practising a profession, discipline or other occupation if the profession, discipline or other occupation is practised in accordance with the regulations.

SECTION 25: [Miscellaneous Statutes Amendment Act (No. 2), 2010, section 169] repeals a provision that is no longer necessary.

SECTION 26: [Motor Vehicle Act, section 214.3] is consequential to the repeal and replacement by this Bill of the title of the Emergency and Health Services Act.

SECTION 27: [Supplements Repeal Act, section 15] is consequential to the repeal and replacement by this Bill of the title of the Emergency and Health Services Act.

SECTION 28: [Supplements Repeal Act, section 15] is consequential to the definition of "licensing board", as added by this Bill to section 1 of the Emergency and Health Services Act.

SECTION 29: [Supplements Repeal Act, section 16] is consequential to the definition of "licensing board", as added by this Bill to section 1 of the Emergency and Health Services Act.

SECTION 30: [Workers Compensation Act, section 37] updates the name of the corporation, consequential to the amendment by this Bill of section 2 (1) of the Emergency and Health Services Act.

BILL 7 — 2013
EMERGENCY AND HEALTH SERVICES AMENDMENT ACT, 2013

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 The title of the Emergency and Health Services Act, R.S.B.C. 1996, c. 182, is repealed and the following substituted:

EMERGENCY HEALTH SERVICES ACT .

2 Sections 1 to 5.1 are repealed and the following substituted:

Definitions

1 In this Act:

"ambulance" means a conveyance that is designed and constructed, or equipped, to provide ambulance services;

"ambulance services" means the use of an ambulance to

(a) provide emergency health services, or

(b) transport an individual

(i) under the care of, or

(ii) who requires, or may require, a service provided by

a medical practitioner, a nurse practitioner, an emergency medical assistant or another health care provider;

"ancillary health services" means health care that supports, supplements or complements, or that is related or ancillary to, one or more of the following:

(a) ambulance services;

(b) emergency health services;

(d) services provided by, from, in or through a facility;

"board of directors" means the corporation's board of directors appointed under section 2;

"bylaw" means a bylaw, made under section 2, of the corporation;

"corporation" means the corporation described in section 2;

"emergency health services" means first aid or other health care provided in circumstances in which it is necessary to provide the first aid or other health care without delay in order to

(a) preserve an individual's life,

(b) prevent or alleviate serious physical or mental harm, or

but does not include

(d) services provided by, from, in or through a facility, or

(e) a service excluded by order of the minister for the purposes of this definition;

"emergency medical assistant" means a person licensed by the licensing board under this Act as an emergency medical assistant;

"facility" means

(a) a hospital as defined in section 1 or 5 of the Hospital Act,

(b) a Provincial mental health facility as defined in the Mental Health Act,

(c) an assisted living residence or community care facility as defined in the Community Care and Assisted Living Act, or

(d) a facility, or class of facilities, designated by order of the minister for the purposes of this definition,

and, for the purposes of agreements or arrangements under section 5.4 of this Act for the provision of ancillary health services, includes an equivalent or similar facility in another province or a foreign jurisdiction;

"governing body", except in section 5.6, means a body, in another province or a foreign jurisdiction, that regulates a health profession in that other jurisdiction;

"health care" has the same meaning as in the Health Care (Consent) and Care Facility (Admission) Act;

"health profession" has the same meaning as in the Health Professions Act;

"licensing board" means the Emergency Medical Assistants Licensing Board continued under section 6 (1);

"profession" means practice as an emergency medical assistant;

"Provincial Health Services Authority" means the Provincial Health Services Authority, a society incorporated under the Society Act;

"regional health board" means a regional health board designated under the Health Authorities Act;

"restricted activity" has the same meaning as in the Health Professions Act;

"urgent health services" means health care provided in circumstances in which a medical practitioner or nurse practitioner determines that an individual

(a) needs the health care urgently, and

(b) does not need emergency health services,

but does not include services provided by, from, in or through a facility.

British Columbia Emergency Health Services

2 (1) The Emergency and Health Services Commission is continued as a corporation, under the name British Columbia Emergency Health Services, consisting of a board of directors made up of one or more members appointed by order of the minister.

(2) The chair of the board of directors is a member of the board of directors

(a) designated as chair by order of the minister, or

(b) elected under the bylaws by the board of directors, if a chair is not designated under paragraph (a).

(3) The minister may, by order, determine

(a) remuneration for members of the board of directors in accordance with the general directives of Treasury Board, including different rates of remuneration for different members, and

(b) other terms and conditions of appointment of a member.

(4) The corporation must pay members of the board of directors

(a) the remuneration, if any, determined under subsection (3) (a), and

(b) reimbursement, in accordance with the general directives of Treasury Board, for reasonable travelling and out-of-pocket expenses necessarily incurred while exercising powers or performing duties on behalf of the corporation.

(5) For the purposes of exercising its powers and performing its duties under this Act, the corporation has the powers and capacity of a natural person of full capacity.

(6) The Business Corporations Act does not apply to the corporation unless the minister, by order, directs that one or more provisions of that Act apply to the corporation.

(7) Subject to this Act and the regulations, the board of directors may make bylaws that it considers necessary or advisable, including bylaws to do the following:

(a) determine its own procedure;

(b) provide for the control and conduct of its meetings;

(c) provide for the election of officers of the board of directors, including the chair and the member to be the acting chair in the absence of the chair, and provide for the powers and duties of the officers of the board of directors;

(d) establish committees and specify the powers and duties of those committees;

(e) delegate administrative or management duties to persons appointed or retained under section 5;

(f) provide for the preparation and custody of minutes of meetings of the board of directors, and of committees established under the bylaws.

(8) The following may be done only on authority of a bylaw:

(a) the acquisition or disposal, by the corporation, of real or personal property;

(b) the exercise of the corporation's borrowing powers, including any prohibitions or restrictions on those powers.

(9) A bylaw made under subsection (7) or (8) has no effect until it is approved by order of the minister.

(10) Subject to subsections (11) to (14), a meeting of the board of directors must be open to the public.

(11) A part of a meeting of the board of directors may be closed to the public if the subject matter being considered relates to a matter or circumstance specified by order of the minister for the purposes of this subsection.

(12) A part of a meeting of the board of directors must be closed to the public if the subject matter being considered relates to information that must be withheld from disclosure under another enactment.

(13) If the only subject matter being considered at a meeting of the board of directors relates to

(a) one or more matters or circumstances specified by order of the minister, as set out in subsection (11), or

(b) information that must be withheld from disclosure under another enactment, as set out in subsection (12),

subsection (11) or (12), as applicable, applies to the entire meeting.

(14) Before a meeting or part of a meeting of the board of directors is closed to the public, the board of directors must state, by resolution passed in a public meeting,

(a) the fact that the meeting or part of the meeting is to be closed, and

(b) the basis under subsection (11) or (12) on which the meeting or part of the meeting is to be closed.

Financial administration

3 (1) The corporation must establish and maintain an accounting system satisfactory to the minister and must, whenever required, render in the form specified by the minister detailed accounts of revenues and expenditures of the corporation for the period or to the day the minister designates.

(2) All books or records of account, documents and other financial records of the corporation must be open at all times for inspection by the minister or a person designated for that purpose by the minister.

(3) The minister charged with the administration of the Financial Administration Act may direct the Comptroller General to examine and report to Treasury Board on any or all of the financial and accounting operations of the corporation.

(4) Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the corporation, the corporation must appoint an auditor who is authorized to be the auditor of a company under sections 205 and 206 of the Business Corporations Act to audit the accounts of the corporation at least once each year.

(5) The costs of the audit referred to in subsection (4) must be paid by the corporation.

(6) No later than 120 days after the end of its fiscal year, the corporation must prepare and submit to the minister, in a form satisfactory to the minister,

(a) a report of the corporation on its operations for the preceding fiscal year, and

(b) a financial statement showing the assets and liabilities of the corporation at the end of the preceding fiscal year and the income and expenditures of the corporation for that year, and a statement of changes in financial position of the corporation for the fiscal year then ended.

(7) The financial statement referred to in subsection (6) (b) must be prepared in accordance with generally accepted accounting principles and regulations, if any, made under section 15 (2) (q).

(8) The Financial Information Act applies to the corporation.

(9) The fiscal year of the corporation is the period of 12 months beginning on April 1 in each year and ending on March 31 in the next succeeding year.

Public administrator

4 (1) The Lieutenant Governor in Council may appoint a public administrator to discharge the powers and duties of the corporation under this Act if the Lieutenant Governor in Council considers it to be necessary in the public interest.

(2) On the appointment of a public administrator, the members of the board of directors cease to hold office unless otherwise ordered by the Lieutenant Governor in Council.

(3) The Lieutenant Governor in Council may specify

(a) the powers, duties and responsibilities of a public administrator appointed under this section,

(b) the terms and conditions for management of the property and affairs of the corporation during the transition period preceding the ending of the appointment of a public administrator, or

Staff

5 (1) The board of directors

(a) must appoint a person as the president of the corporation to exercise the powers and perform the duties that the board of directors specifies, and

(b) may determine the remuneration and other terms and conditions of employment of the president.

(2) The board of directors or, if authorized by the board of directors, the president of the corporation may

(a) appoint officers and employees of the corporation and retain specialists and consultants to exercise the powers and perform the duties of the corporation, and

(b) determine the remuneration and other terms and conditions of employment or retainer of the persons referred to in paragraph (a).

(3) The Public Service Act and the Public Service Labour Relations Act do not apply to the corporation or its officers and employees appointed under subsection (1) (a) or (2) (a) of this section.

Purposes of corporation

5.1 (1) The corporation has the following purposes:

(a) to provide, in British Columbia, ambulance services and emergency health services;

(b) to provide, in areas of British Columbia that the corporation considers advisable, any urgent health services or ancillary health services the corporation considers advisable;

(c) to establish, equip and operate, in areas of British Columbia that the corporation considers advisable, centres and stations for the purposes of providing

(i) ambulance services and emergency health services, and

(ii) the urgent health services or ancillary health services referred to in paragraph (b);

(d) to collaborate, to the extent practicable, with regional health boards, the Provincial Health Services Authority and societies that report to the Provincial Health Services Authority, facilities and other health institutions and agencies, municipalities and other organizations and persons in the planning and coordination of

(i) the provision, in British Columbia, of provincially, regionally and locally integrated ambulance services, emergency health services, urgent health services and ancillary health services, and

(ii) the recruitment and training of emergency medical assistants and other persons to provide the services referred to in subparagraph (i);

(e) to establish or improve communications systems, in British Columbia, for ambulance services and emergency health services;

(f) to make available, in areas of British Columbia that the corporation considers advisable, the services of emergency medical assistants or other persons on a continuous, continual or temporary basis for the purposes described in paragraph (b), (c) (ii), (g) or (h);

(g) to provide, in British Columbia as the corporation considers advisable, a service designated under subsection (2) that provides emergency or other health information or services, or referrals, for the purposes of

(i) assessing an individual's health status and responding to a particular problem or circumstance, including the assessment of whether emergency health services or urgent health services are required,

(ii) supporting individuals in caring for themselves,

(iii) assisting persons, including health care providers, in accessing care, information and services available through the health system, or

(iv) a purpose specified by order of the minister;

(h) to participate in research projects, conducted in whole or in part in British Columbia, related to the provision of ambulance services or emergency health services and to approve such projects if they involve the provision of any of those services to individuals;

(i) to recruit and train emergency medical assistants and other persons

(i) for the purposes set out in this section, or

(ii) under an agreement or arrangement entered into under section 5.4;

(j) to enter into

(i) agreements for the purposes set out in this subsection, or

(ii) agreements or arrangements under section 5.4;

(k) to administer and allocate grants made or funds provided, for the purposes of this section or section 5.4, by the government, the Provincial Health Services Authority or a person;

(l) any other purpose specified by order of the minister;

(m) to exercise any power or perform any duty of the corporation under this Act.

(2) The minister may, by order, designate a service for the purpose of subsection (1) (g) by

(a) setting out the name by which the service is commonly known, and

(b) describing the nature of the service.

(3) A person, other than the minister or the corporation, must not, in British Columbia, do or offer to do anything described in subsection (1) (a), (c) (i), (e), (k), (l) or (m) or approve a research project referred to in subsection (1) (h), except

(a) a person who is employed by, acting under the direction of or acting on behalf of the corporation,

(b) in accordance with

(i) an agreement or arrangement referred to in subsection (1) (j) (i) or (ii), or

(ii) the written consent of the corporation and any terms, limits or conditions the corporation may specify, or

(c) as authorized by order of the minister and in accordance with any terms, limits or conditions the minister may specify.

(4) Subsection (3) does not apply to a person who is

(a) rendering emergency medical services or aid, as described in section 1 of the Good Samaritan Act, unless the person

(i) is employed expressly for that purpose, or

(ii) does so with a view to gain, or

(b) acting in connection with the provision of occupational first aid in accordance with the requirements under the Workers Compensation Act.

(5) The corporation may enter into information-sharing agreements, as defined in section 69 (1) of the Freedom of Information and Protection of Privacy Act, for the purpose of enabling the corporation to exercise any power or perform any duty of the corporation under this Act.

(6) If the corporation enters into an information-sharing agreement under subsection (5), the corporation may, in accordance with the agreement, collect and use personal information from, and disclose personal information to, the body, institution, organization, person or entity with whom the agreement was made.

(7) For the purposes of subsection (6), "personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act.

General or special direction

5.2 The corporation must comply with any general or special direction made by order of the minister with respect to the exercise of the powers and the performance of the duties of the corporation.

Reporting requirements

5.3 (1) In this section, "personal information" and "stewardship purpose" have the same meaning as in the Ministry of Health Act.

(2) Without limiting section 5.2, if the minister is satisfied that it is reasonably needed to fulfill a stewardship purpose, the minister may, by order, require the corporation to

(a) report on any matter relevant to the stewardship purpose, and

(b) disclose personal information within a report made under paragraph (a).

(3) The corporation must comply with an order made under subsection (2) in the manner and form, and within the time, set out in the order.

(4) The minister must make an order made under this section publicly available by posting the order on a website maintained by or on behalf of the ministry of the minister.

Interjurisdictional service agreements

5.4 (1) The minister or, with the prior written approval of the minister, the corporation may enter into an agreement or arrangement with

(a) a government of another province or a foreign jurisdiction, or any of its agencies,

(b) the government of Canada or any of its agencies, or

(c) an organization, body or person that offers or provides medical, humanitarian or charitable assistance or relief to supplement, substitute or support public services in or after an emergency or crisis situation

for the provision, inside or outside British Columbia, of

(d) ambulance services, emergency health services, urgent health services, ancillary health services or services described in section 5.1 (1) (g), or

(e) a service specified in an order under section 5.1 (1) (l) if the order specifies that the corporation may provide the service outside British Columbia.

(2) The minister may grant an approval under subsection (1) with or without terms, limits or conditions.

(3) The minister and the corporation each have and may exercise, in accordance with an agreement or arrangement made under subsection (1), the power and authority to provide, outside British Columbia, a service referred to in subsection (1) (d) or (e).

Provision of services by visiting health professionals

5.5 (1) In this section:

"requesting agency" means any of the following who request the services of a visiting health professional:

(a) the minister;

(b) the corporation;

(d) a regional health board;

(e) an organization, body or person designated by order of the minister as a requesting agency for the purposes of this section;

"visiting health professional" means a person who is authorized by a governing body to provide the services of a health profession in another province or a foreign jurisdiction.

(2) A visiting health professional may, while in British Columbia,

(a) provide the services described in subsection (3) (d) for a period of up to 72 consecutive hours, and

(b) use, when providing services under paragraph (a), any of the following that he or she is authorized, in the jurisdiction of his or her governing body, to use in relation to the practice of his or her health profession:

(i) a title or term;

(ii) an abbreviation of a title or term;

(iii) an equivalent of a title, term or abbreviation in another language.

(3) In order for subsection (2) to apply, the following requirements and conditions must be met:

(a) the services are requested by a requesting agency in accordance with an agreement or arrangement under section 5.4;

(b) the requesting agency is satisfied that the visiting health professional is in good standing with his or her governing body;

(c) the visiting health professional provides the services only under the direction of the requesting agency or its representatives, and only while the request for services is in effect;

(d) the visiting health professional provides only those services

(i) that he or she is authorized to provide in the jurisdiction of his or her governing body, and

(ii) for which he or she has received, to the satisfaction of the requesting agency, sufficient additional training, if he or she is not authorized to provide those services in the jurisdiction of his or her governing body.

Interjurisdictional cooperation

5.6 (1) In this section, "governing body" means a body, in another province or a foreign jurisdiction, that regulates, in that other province or foreign jurisdiction, a health profession that corresponds with the profession.

(2) The minister may promote cooperation with one or more governing bodies by doing one or more of the following:

(a) subject to paragraph (b), entering into agreements with one or more governing bodies respecting

(i) the interjurisdictional practice of the profession and a health profession, regulated in another province or a foreign jurisdiction, that corresponds with the profession,

(ii) the recognition of another governing body's procedures for and results from the assessment and verification of the credentials, competencies or other qualifications of persons educated or trained in another province or a foreign jurisdiction,

(iii) the implementation of a trade agreement, as it relates to labour mobility, designated by order of the minister for the purposes of this section, or

(iv) any other matter related to the labour mobility of emergency medical assistants;

(b) entering into information-sharing agreements, as defined in section 69 (1) of the Freedom of Information and Protection of Privacy Act, to allow the release to a governing body of personal information, as defined in that Act, respecting a current or former emergency medical assistant and in the custody or control of the minister, including information about practice restrictions, complaints, competency or discipline.

3 Section 6 is amended

(a) in subsections (2) to (5) by adding "licensing" before "board" wherever it appears, and

(b) by adding the following subsections:

(7) The licensing board may, with the prior approval of the minister, make rules governing its own procedure.

(8) No later than 120 days after the end of the government's fiscal year, the licensing board must prepare and submit to the minister, in a form satisfactory to the minister, a report of the licensing board on its operations for the preceding fiscal year, including any information that the minister may, in writing, direct the licensing board to provide.

4 Sections 7 to 9 are amended by adding "licensing" before "board" wherever it appears.

5 The following section is added:

Injunction to restrain contravention

9.1 The corporation may apply to the Supreme Court for an interim or permanent injunction to restrain a person from contravening section 5.1 or 12 or the regulations.

6 Section 10 is repealed and the following substituted:

Liability protection

10 (1) In this section, "protected individual" means any of the following individuals:

(a) a member of the board of directors;

(b) a member of the licensing board;

(2) No legal proceeding for damages lies or may be commenced or maintained against a protected individual because of anything done or omitted

(a) in the performance or intended performance of any duty under this Act, or

(b) in the exercise or intended exercise of any power under this Act.

(3) Subsection (2) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

(4) Subsection (2) does not absolve the corporation from vicarious liability for an act or omission by a person referred to in subsection (1) (a) or (c) for which the corporation would be vicariously liable if this section were not in force.

(5) Subsection (2) does not absolve the government from vicarious liability for an act or omission by a person referred to in subsection (1) (b) for which the government would be vicariously liable if this section were not in force.

7 Section 12 is amended by striking out 'title "emergency medical assistant" or otherwise' and substituting 'title "emergency medical assistant", or a title prescribed in a regulation under section 15 (2) (c), or otherwise'.

8 Section 13 is repealed.

9 Section 14 is repealed and the following substituted:

Regulations of the Lieutenant Governor in Council

14 The Lieutenant Governor in Council may prescribe the manner of selection of an emergency medical assistant for the purposes of section 6 (2).

10 The following sections are added:

Regulations of the minister

15 (1) The minister may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the minister may make regulations as follows:

(a) respecting the qualifications, examination, training, registration and licensing of emergency medical assistants;

(b) respecting the continuing competence of emergency medical assistants, and providing for the assessment, by persons designated by the minister or the licensing board, of the professional performance of emergency medical assistants;

(c) prescribing titles that may be used by, or that are to be used exclusively by, emergency medical assistants, and providing for limits or conditions on the use of prescribed titles, or other titles or terms, by emergency medical assistants;

(d) prescribing services that may be provided by emergency medical assistants, and providing for limits or conditions on the provision of those services;

(e) prescribing restricted activities that may be performed by emergency medical assistants in the course of providing services referred to in paragraph (d), and providing for limits or conditions on the performance of those restricted activities;

(f) prescribing services that may be provided under the supervision of an emergency medical assistant by a person who is not an emergency medical assistant, and providing for limits or conditions on the provision of those services;

(g) prescribing restricted activities that may be performed, in the course of providing services referred to in paragraph (f), by persons who are not emergency medical assistants, and providing for limits or conditions on the provision of those restricted activities;

(h) authorizing an emergency medical assistant to determine which of the

(i) services referred to in paragraph (f), and

(ii) restricted activities referred to in paragraph (g)

a person who is not an emergency medical assistant may provide under the supervision of the emergency medical assistant, and providing for limits or conditions on the exercise of that authority;

(i) respecting standards, guidelines or protocols for, and audits of, the provision of services by emergency medical assistants;

(j) prescribing fees payable in respect of the qualifications, examinations, training, registration, licensing, continuing competence or assessment of emergency medical assistants;

(k) prescribing fees payable for any service rendered under this Act, and providing for different fees for a service rendered to

(i) a person who is not a beneficiary as defined in the Hospital Insurance Act,

(ii) an employee who requires an emergency health service if the employer is, under an enactment, obliged to supply emergency health services, or

(iii) different persons or classes of persons;

(l) authorizing the waiving of fees for

(i) different persons or classes of persons, and

(ii) involuntary committals under the Mental Health Act;

(m) respecting the equipping of centres and stations referred to in section 5.1 (1) (c);

(n) establishing standards of construction and maintenance required for an ambulance;

(o) establishing the standard of equipment and supplies to be carried in an ambulance while it is being used, or held out as being available for use, as an ambulance;

(p) respecting the services that may be provided in accordance with section 5.1 by the corporation, or a person who is employed by, acting under the direction of or acting on behalf of the corporation, despite a prohibition established under the authority of another enactment;

(q) respecting the practices or procedures that must be followed by the corporation in the conduct of its affairs;

(r) respecting the manner, form and amount of insurance that must be maintained by the corporation;

(s) respecting the transfer of records to or from the corporation under section 16.

(3) A regulation under

(a) subsection (1) or (2) (a) to (j) or (m) to (o) may make different provisions for different classes of

(i) emergency medical assistants,

(ii) centres or stations referred to in section 5.1 (1) (c), or

(iii) ambulances, and

(b) subsection (1) or (2) (a) to (i) or (m) to (o) may delegate a power to, or confer a discretion on, a person designated in the regulation, including the power or discretion to exempt a person or class of persons from any condition or requirement imposed under the regulations, and may set out considerations that the person must or may take into account when a matter is delegated or a discretion is conferred.

(4) A regulation under subsection (2) (j) to (l) may

(a) authorize the corporation to collect and retain, or waive, a specified fee, and

(b) impose limits or conditions on the corporation's exercise of that authority.

(5) A regulation may be made under subsection (2) (j) to (l) or (4) only with the prior approval of Treasury Board.

Transfer of records

16 (1) Despite the Document Disposal Act and subject to the regulations,

(a) the minister, in writing, may transfer records to the corporation or another person, and

(b) the corporation, in writing, may transfer records to the minister.

(2) On the effective date of a transfer under subsection (1), the records cease to be the records of the transferor and become the records of the transferee.

(3) Records in a transfer under subsection (1) may be identified by name, class or description.

Transfer of rights, property, assets, obligations and liabilities

17 (1) The Lieutenant Governor in Council, by regulation, may authorize the transfer of any right, property, asset, obligation or liability of the government to the corporation, subject to the terms and conditions set out in the regulation.

(2) On the date that a transfer authorized under subsection (1) takes effect,

(a) the right, property, asset, obligation or liability transferred ceases to be the right, property, asset, obligation or liability of the government and becomes the right, property, asset, obligation or liability of the corporation, and

(b) the government is released from the right, property, asset, obligation or liability so transferred.

(3) A regulation made under subsection (1) may identify any right, property, asset, obligation or liability by name, class or description.

(4) The Minister of Finance may make payments out of the consolidated revenue fund for the purpose of subsection (1).

(5) Any payments made by the Minister of Finance under subsection (4) must be attributed to, and must not exceed the amount available in, the voted appropriation of the minister responsible for the right, property, asset, obligation or liability transferred.

(6) A transfer under subsection (1) is effective despite any lack of fulfillment of a provision in an agreement or instrument requiring consent, leave or approval respecting the transfer or assignment of the right, property, asset, obligation or liability, and the lack of fulfillment does not constitute a breach or default of the agreement or instrument.

Assignment of agreements

18 (1) The government, in writing, may assign to the corporation any agreement entered into by the government that relates to the powers or duties of the corporation.

(2) On the effective date of an assignment under subsection (1), all rights and obligations of the government under the agreement cease to be the rights and obligations of the government and become the rights and obligations of the corporation.

(3) A reference to the government in an agreement assigned under subsection (1) is deemed to be a reference to the corporation.

(4) An assignment under subsection (1) is effective despite any lack of fulfillment of a provision in an agreement requiring consent, leave or approval respecting assignment of the agreement, and the lack of fulfillment does not constitute a breach or default of the agreement.

Transitional Provision

Transition – regulations

11 (1) The Lieutenant Governor in Council may make regulations necessary or advisable to more effectively bring into operation the provisions of sections 16 to 18 of the Emergency Health Services Act and to remedy any transitional difficulties encountered.

(2) A regulation under subsection (1) may suspend, for a period the Lieutenant Governor in Council specifies, the operation of a provision of an enactment.

(3) Unless earlier repealed, a regulation made under this section is repealed one year after the regulation is enacted.

Consequential and Related Amendments

Business Practices and Consumer Protection Act

12 Section 142.1 (2) (s) of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, is amended by striking out "Emergency and Health Services Act;" and substituting "Emergency Health Services Act;".

Emergency Communications Corporations Act

13 Section 1 of the Emergency Communications Corporations Act, S.B.C. 1997, c. 47, is amended in the definition of "emergency services agency" by repealing paragraph (d) and substituting the following:

(d) British Columbia Emergency Health Services under the Emergency Health Services Act, and .

Evidence Act

14 Section 51 of the Evidence Act, R.S.B.C. 1996, c. 124, is amended

(a) in subsection (1) in the definition of "board of management" by striking out "Hospital Act;" and substituting "Hospital Act or the board of directors as defined in the Emergency Health Services Act;",

(b) in subsection (1) in the definition of "committee"

(i) in paragraph (b) by striking out "committee established" and substituting "committee that is established" and by striking out "hospital, and that for the purpose of improving medical or hospital care or practice in the hospital" and substituting "hospital and that, for the purposes of improving medical or hospital practice or care in that hospital, or during transportation to or from that hospital,",

(ii) in paragraph (b) (i) by striking out "the hospital practice of or hospital care provided by health care professionals in the hospital," and substituting "the medical or hospital practice of, or care provided by, health care professionals in that hospital or during transportation to or from that hospital,", and

(iii) by adding the following paragraph:

(b.1) a committee that is established or approved by the boards of management of 2 or more hospitals, that includes health care professionals employed by or practising in any of those hospitals and that, for the purposes of improving medical or hospital practice or care in those hospitals, or during transportation to or from those hospitals,

(i) carries out or is charged with the function of studying, investigating or evaluating the medical or hospital practice of, or care provided by, health care professionals in those hospitals or during transportation to or from those hospitals, in relation to a matter of common interest among those hospitals, or

(ii) studies, investigates or carries on medical research or a program in relation to a matter of common interest among those hospitals; ,

(d.1) an emergency medical assistant as defined in the Emergency Health Services Act, ,

(d) in subsection (1) in the definition of "hospital" by striking out "and" at the end of paragraph (a) and by adding the following paragraph:

(a.1) the corporation as defined in the Emergency Health Services Act, including any centres or stations established, equipped and operated by the corporation, and ,

(e) in subsection (1) in paragraph (b) of the definition of "legal proceedings" by striking out "profession represented" and substituting "profession licensed, certified, registered or represented",

(f) in subsection (1) by repealing the definition of "organization of health care professionals" and substituting the following:

"organization of health care professionals" means any of the following that are designated by regulation of the Lieutenant Governor in Council:

(a) an organization of health care professionals;

(b) a body or person that licenses, certifies or registers a class of health care professionals; ,

(g) by repealing subsection (5) (a) and substituting the following:

(a) to a board of management or, in the case of a committee described in paragraph (b.1) of the definition of "committee", to the boards of management that established or approved the committee, ,

(h) in subsection (6) by striking out "subsection (5) (c)." and substituting "subsection (5) (c) or (6.1).",

(i) by adding the following subsection:

(6.1) If information or a record submitted by a committee to a board of management of a hospital includes information that the board of management considers relevant to medical or hospital practice or care in another hospital, or during transportation to or from another hospital,

(a) the board of management may disclose the information or record to the board of management of the other hospital, and

(b) the board of management of the other hospital must not disclose or publish the information or the record disclosed to it under paragraph (a), except in accordance with subsection (5) (c). , and

(j) in subsection (7) by striking out "Subsections (5) and (6)" and substituting "Subsections (5) to (6.1)".

Freedom of Information and Protection of Privacy Act

15 Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended in the definition of "health care body" by striking out "or" at the end of paragraph (f), by adding ", or" at the end of paragraph (g) and by adding the following paragraph:

(i) British Columbia Emergency Health Services, as described in section 2 (1) of the Emergency Health Services Act; .

16 Schedule 2 is amended by striking out the following:

Public Body:	Emergency and Health Services Commission
Head:	Chair .

Gunshot and Stab Wound Disclosure Act

17 Section 1 of the Gunshot and Stab Wound Disclosure Act, S.B.C. 2010, c. 7, is amended in the definition of "emergency medical assistant" by striking out "Emergency and Health Services Act;" and substituting "Emergency Health Services Act;".

Health Authorities Act

18 Section 5 (1) of the Health Authorities Act, R.S.B.C. 1996, c. 180, is amended by adding the following paragraph:

(h) to collaborate, to the extent practicable, with British Columbia Emergency Health Services, the Provincial Health Services Authority and societies that report to the Provincial Health Services Authority, facilities and other health institutions and agencies, municipalities and other organizations and persons in the planning and coordination of

(i) the provision, in British Columbia, of provincially, regionally and locally integrated ambulance services, emergency health services, urgent health services and ancillary health services, as those terms are defined in the Emergency Health Services Act, and

(ii) the recruitment and training of emergency medical assistants, within the meaning of the Emergency Health Services Act, and other persons to provide the services referred to in subparagraph (i).

19 Section 10 is amended

(a) in subsection (5) by striking out "A board must prepare in a form satisfactory to the minister, after the end of its fiscal year," and substituting "After the end of its fiscal year, a board must prepare and submit to the minister, in a form satisfactory to the minister,", and

(b) in subsection (5) (b) by striking out "the year then ended." and substituting "the fiscal year then ended."

Health Care (Consent) and Care Facility (Admission) Act

20 Section 1 of the Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181, is amended in the definition of "health care provider" by striking out "a person who," and substituting "a person, or a person in a prescribed class of persons, who,".

21 Section 34 (2) (c) is amended by striking out "prescribing Acts for" and substituting "prescribing Acts or classes of persons for".

Health Care Costs Recovery Act

22 Section 1 of the Health Care Costs Recovery Act, S.B.C. 2008, c. 27, is amended in paragraph (d) of the definition of "health care services" by striking out "Emergency and Health Services Act," and substituting "Emergency Health Services Act,".

Health Planning Statutes Amendment Act, 2002

23 Sections 2 to 7 and 26 of the Health Planning Statutes Amendment Act, 2002, S.B.C. 2002, c. 15, are repealed.

Health Professions Act

24 Section 14 (a) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by striking out "another Act," and substituting "another enactment,".

Miscellaneous Statutes Amendment Act (No. 2), 2010

25 Section 169 of the Miscellaneous Statutes Amendment Act (No. 2), 2010, S.B.C. 2010, c. 6, is repealed.

Motor Vehicle Act

26 Section 214.3 (b) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out "Emergency and Health Services Act;" and substituting "Emergency Health Services Act;".

Supplements Repeal Act

27 Section 15 of the Supplements Repeal Act, S.B.C. 2006, c. 33, is amended by striking out "Health Emergency Act," and substituting "Emergency Health Services Act,".

28 Section 15, as it enacts section 6 (6) of the Emergency Health Services Act, R.S.B.C. 1996, c. 182, is amended by adding "licensing" before "board".

29 Section 16, as it enacts section 8.1 of the Emergency Health Services Act, R.S.B.C. 1996, c. 182, is amended by adding "licensing" before "board".

Workers Compensation Act

30 Section 37 (1) of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended

(a) by striking out "British Columbia Assessment Authority, British Columbia Ferry Corporation," and substituting "British Columbia Assessment Authority, British Columbia Emergency Health Services, British Columbia Ferry Corporation,", and

(b) by striking out "Emergency and Health Services Commission,".

Commencement

31 This Act comes into force by regulation of the Lieutenant Governor in Council.