Provincial Health Agencies Act Transitional Regulation

(no amdt) ALBERTA REGULATION 212/2025 Provincial Health Agencies Act PROVINCIAL HEALTH AGENCIES ACT TRANSITIONAL REGULATION Table of Contents 1 Definitions Hospitals Act Transitional Provisions 2 General bylaws 3 Medical staff bylaws 4 Access to hospital facilities 5 Discharge, transfer and removal of patients 6 Appeals 7 Investigation or mediation committee 8 Committee of inquiry 9 Ministerial orders Operation of Approved Hospitals Regulation Transitional Provisions 10 Review of proposed activities 11 Ministerial approval of activities 12 Board resolutions 13 Policies re disposal of equipment 14 Exception to requirement for approval of final plans 15 Standards and planning requirements 16 Capacity 17 Medical staff appointments, reviews and suspensions 18 Medical staff privileges Coming into Force 19 Coming into force Definitions 1 In this Regulation, (a) “board” means the board, as defined in section 9 of the former Act, of a former hospital; (b) “former Act” means the Hospitals Act as it read immediately before the coming into force of section 30(3) of the Health Statutes Amendment Act, 2025 ; (c) “former hospital” means an approved hospital under the former Act; (d) “former regulation” means the Operation of Approved Hospitals Regulation (AR 247/90) as it read immediately before the coming into force of section 30(3) of the Health Statutes Amendment Act, 2025 ; (e) “Health Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for the former Act; (f) “new Act” means the Provincial Health Agencies Act as it reads on the coming into force of section 45(15) of the Health Statutes Amendment Act, 2025 ; (g) “new regulation” means the Operation of Approved Hospitals Regulation made under the new Act; (h) “relevant health services sector” means, with respect to a former hospital, the health services sector in a successor hospital where the same or similar hospital services were delivered in the former hospital; (i) “successor hospital” means an approved hospital that was, before being designated under section 1.9763 of the new Act, a former hospital. Hospitals Act Transitional Provisions General bylaws 2 (1) The general bylaws enacted by a board under section 11(1) or 22(3)(a) of the former Act with respect to a former hospital are deemed (a) to be the general bylaws of a hospital operator in the successor hospital, and (b) to have been approved by the sector Minister in accordance with section 1.9769 or 1.97694 of the new Act, as applicable. (2) If the general bylaws referred to in subsection (1) were enacted under section 22(3)(a) of the former Act, section 1.97694(3) to (5) of the new Act apply to the deemed general bylaws of the hospital operator as if the sector Minister had directed the hospital operator to make the general bylaws under section 1.97694(2)(a) of the new Act. (3) The rules adopted by a board under section 11(3) of the former Act with respect to a former hospital are deemed to be the rules made under the general bylaws of a hospital operator in the successor hospital. Medical staff bylaws 3 (1) The medical staff bylaws adopted by the medical staff of a former hospital under section 17 or 22(3)(a) of the former Act are deemed (a) to be the medical staff bylaws of the medical staff of a hospital operator in the successor hospital, and (b) to have been approved, (i) with respect to medical staff bylaws adopted under section 17 of the former Act, by the hospital operator and sector Minister in accordance with section 1.97692 of the new Act, or (ii) with respect to medical staff bylaws adopted under section 22(3)(a) of the former Act, by the sector Minister in accordance with section 1.97694 of the new Act. (2) If the medical staff bylaws referred to in subsection (1) were adopted under section 22(3)(a) of the former Act, section 1.97694(3) to (5) of the new Act apply to the deemed medical staff bylaws as if the sector Minister had directed the medical staff of the hospital operator to make the medical staff bylaws under section 1.97694(2)(b) of the new Act. (3) The rules adopted by the medical staff of a former hospital under section 17(6)(a) of the former Act are deemed to be the rules made under the deemed medical staff bylaws of the medical staff of a hospital operator in the successor hospital. Access to hospital facilities 4 The access to hospital facilities granted by a board to a physician or health care practitioner under section 13 of the former Act is deemed to be granted by the hospital operator, on the same terms and conditions, to the physician or health care practitioner under section 1.976991(1) of the new Act with respect to the facilities in the health services sector in the successor hospital in which the physician or health care practitioner is appointed, employed or engaged for services by the hospital operator. Discharge, transfer and removal of patients 5 (1) If a declaration is made by the Health Minister, board or administrator of a former hospital under section 31(1)(a) of the former Act, (a) the declaration is deemed to be a declaration made by the sector Minister or provincial health agency of the relevant health services sector, the hospital operator or the administrator, as applicable, in accordance with section 1.976993(1) of the new Act, and (b) the patient who is the subject of the declaration made under the former Act is deemed to be a patient under the new Act. (2) A notice given by a board or representative of a board under section 32(2) of the former Act is deemed to be a notice given by the hospital operator of the relevant health services sector or the administrator under section 1.976994(2) of the new Act. Appeals 6 (1) The rules made by the Appeal Board under section 19(1) of the former Act are deemed to be the rules of the Appeal Board made under section 1.976998(1) of the new Act. (2) If a decision was appealed under section 21(1) of the former Act and the appeal was not decided before the coming into force of this section, the appeal is continued and must be decided in accordance with the former Act as if Part 2 of the former Act had not been repealed. Investigation or mediation committee 7 If the Health Minister authorized an investigation or mediation under section 27(1) of the former Act but the investigation or mediation was not concluded before the coming into force of this section, (a) the investigation or mediation is continued and must be concluded in accordance with section 27 of the former Act as if that section had not been repealed, (b) a person or entity designated to conduct or participate in the investigation or mediation under section 27(2) of the former Act (i) continues to be designated as if section 27 of the former Act had not been repealed, and (ii) has the powers, duties, privileges and functions of a designated person or entity under section 27 of the former Act as if that section had not been repealed, and (c) the committee, members and chair referred to in section 27(3) and (4) of the former Act (i) continue as the committee, members and chair as if section 27 of the former Act had not been repealed, and (ii) have the powers, duties, privileges and functions of the committee, members and chair under section 27 of the former Act as if that section had not been repealed. Committee of inquiry 8 If the Health Minister appointed a committee of inquiry under section 29(1) of the former Act and referred a question to the committee or a member or members of the committee for the purpose of making an inquiry but the inquiry was not concluded before the coming into force of this section, (a) the inquiry is continued and must be concluded in accordance with section 29 of the former Act as if that section had not been repealed, and (b) the committee and members (i) continue as the committee and members as if section 29 of the former Act had not been repealed, and (ii) have the powers, duties, privileges and functions of the committee and members under section 29 of the former Act as if that section had not been repealed. Ministerial orders 9 Notwithstanding the repeal of section 28(2)(b) of the former Act, an order made under that section continues to have effect in relation to matters under the new Act until the order is rescinded by the Health Minister. Operation of Approved Hospitals Regulation Transitional Provisions Review of proposed activities 10 If the Health Minister required that a board’s proposed activity be reviewed and approved by a regional health authority under section 2.1 of the former regulation, (a) if the regional health authority reviewed and approved the proposed activity, that approval is deemed to be the approval by the provincial health agency established for the relevant health services sector as required under section 2(1) of the new regulation for the hospital operator of the relevant health services sector to carry out the activity, and (b) if the regional health authority did not complete its review of the proposed activity before the coming into force of this section, the review is continued and must be completed by the provincial health agency established for the relevant health services sector with respect to the hospital operator of the relevant health services sector. Ministerial approval of activities 11 (1) If the Health Minister gave approval for a board or former hospital to carry out an activity referred to in (a) section 3 or 28 of the former regulation, that approval is deemed to be the sector Minister’s approval as required under section 16 of the new regulation, (b) section 4(1), (2), (4) or (6) of the former regulation, that approval is deemed to be the sector Minister’s approval as required under section 8(1), 9(1), 10(2) or 11 of the new regulation, respectively, (c) section 5(a) of the former regulation, that approval is deemed to be the sector Minister’s approval as required under 7(1)(a) of the new regulation, (d) section 5(b) of the former regulation, that approval is deemed to be the sector Minister’s approval as required under (i) section 7(1)(b) of the new regulation with respect to a hospital operator other than a provincial health agency or provincial health corporation, and (ii) section 7(2) of the new regulation with respect to a hospital operator that is a provincial health agency or provincial health corporation, (e) section 5(c) of the former regulation, that approval is deemed to be the sector Minister’s approval as required under section 7(3) of the new regulation, and (f) section 29(1)(a) of the former regulation, that approval is deemed to be the sector Minister’s approval as required under section 17(2) of the new regulation with respect to an education and training program described in section 17(1)(b)(i) of the new regulation. (2) If the Minister of Advanced Education gave approval for a former hospital to carry out an activity referred to in section 29(1)(b) of the former regulation, that approval is deemed to be the approval of the Minister responsible for the Post‑secondary Learning Act as required under section 17(2) of the new regulation with respect to an education and training program described in section 17(1)(b)(ii) of the new regulation. (3) A deemed approval under subsection (1) or (2) is approval for the hospital operator of the relevant health services sector to carry out the activity approved under the former regulation. (4) A deemed approval under subsection (1)(a) continues to be subject to any recommendations made by the district or regional planning council under section 3 of the former regulation. Board resolutions 12 A resolution of the board under section 30(1) of the former regulation is deemed to be a resolution of a hospital operator in a successor hospital under section 4 of the new regulation only if the hospital operator is not a provincial health agency or provincial health corporation. Policies re disposal of equipment 13 The policies established by the Health Minister under section 5(c) of the former regulation are deemed to have been established by the sector Minister under section 7(3) of the new regulation with respect to the hospital operators in the health services sector of the sector Minister. Exception to requirement for approval of final plans 14 If the requirements set out in section 4(5)(a) and (b) of the former regulation were met with respect to a construction or renovation project, (a) the rights, benefits, obligations and responsibilities of the Health Minister and the board under the agreement referred to in section 4(5)(a) of the former regulation are assigned or transferred to the sector Minister and the hospital operator of the relevant health services sector, and (b) the Health Minister’s approval under section 4(5)(b) of the former regulation is deemed to be the sector Minister’s approval under section 10(3)(b) of the new regulation. Standards and planning requirements 15 (1) The minimum standards of basic construction adopted by the Health Minister under section 6 of the former regulation are deemed to be the minimum standards of basic construction as determined by the Minister responsible for the Real Property Governance Act as required under section 12(1)(b) of the new regulation. (2) The planning requirements adopted by the Health Minister under section 6 of the former regulation are deemed be the planning requirements approved by the oversight Minister as required under section 12(1)(c) of the new regulation. Capacity 16 (1) The official rated capacity of a former hospital under section 4(8) of the former regulation is deemed (a) to be the official rated capacity of the successor hospital, and (b) to have been established by the oversight Minister in accordance with section 13(1)(a) or 14(1)(a), as applicable, based on the number of health services sectors in the successor hospital. (2) If the Health Minister approved a change to the rated bed capacity of a former hospital under section 8(1) of the former regulation, that approval is deemed to be the approval by the sector Minister of the relevant health services sector of the same change in the rated bed capacity of the relevant health services sector in the successor hospital under section 15 of the new regulation. Medical staff appointments, reviews and suspensions 17 (1) A physician appointed by a board to the medical staff of a former hospital under section 32(1) of the former regulation is deemed to be appointed, on the same terms and conditions, by a hospital operator to the medical staff of the relevant health services sector of the successor hospital under section 20(1) of the new regulation. (2) If a board commenced a review of the appointment of a member of the medical staff of the former hospital under section 32(3) of the former regulation but the review was not concluded before the coming into force of this section, (a) the review is continued and must be concluded in accordance with section 32(3) of the former regulation as if that section had not been repealed, and (b) the hospital operator of the relevant health services sector has the powers, duties, privileges and functions of the board under section 32(3) as if that section had not been repealed. (3) If a board suspended the appointment of a member of the medical staff of the former hospital under section 32(3) of the former regulation, (a) the suspension continues on and after the coming into force of this section, on the same terms and conditions, under section 32(3) of the former regulation as if that section had not been repealed, and (b) the hospital operator of the relevant health services sector has the powers, duties, privileges and functions of the board under section 32(3) of the former regulation with respect to the suspension as if that section had not been repealed. Medical staff privileges 18 A member of the medical staff of a former hospital granted privileges under section 33 of the former regulation is deemed to have been granted the same hospital privileges, on the same terms and conditions, by the hospital operator of the relevant health services sector of the successor hospital under section 21 of the new regulation. Coming into Force Coming into force 19 This Regulation comes into force on the coming into force of section 30(3) of the Health Statutes Amendment Act, 2025 .