Provincial Health Agencies Act

PROVINCIAL HEALTH AGENCIES ACT Chapter P‑32.5 Table of Contents 1 Definitions Part 1 Oversight of Health Care System Division 1 Strategic Direction 1.1 Strategic direction of health care system 1.2 Strategic direction of health services sectors and regional health authorities 1.3 Sector Minister’s powers re provincial health agency or regional health authority 1.4 Alignment with strategic direction Division 2 Powers of Oversight Minister and Sector Ministers 1.5 Advisory councils 1.6 Consultation 1.7 Agreements 1.8 Power to delegate Part 2 Provincial Health Agencies 1.9 Health services sectors 1.91 Types or classes of health services 1.92 Establishment of provincial health agencies 1.93 Provincial health agency 1.94 First members of provincial health agency 1.95 Responsibilities of provincial health agencies 1.951 Health foundations Part 2.1 Delivery of Services 1.96 Delivery of health services 1.97 Health services delivery organizations 1.971 Establishment of provincial health corporations 1.972 Provincial health corporations 1.973 Governance of provincial health corporations 1.974 Crown agent 1.975 Regulations — provincial health corporations 1.976 Process for resolving patient complaints Part 2.2 Management and Operation of Approved Hospitals 1 . 9761 Definitions 1.9762 Application of Part 1.97621 Use of word “hospital” Approved Hospitals and Hospital Operators 1.9763 Designation of approved hospitals 1.9764 Designation of hospital operators 1.9765 Agreements 1.9766 Responsibilities of sector Minister 1.9767 Responsibilities of hospital operators 1.97671 Approved and specific programs Governance of Approved Hospitals 1.9768 Administrator 1.9769 General bylaws 1.97691 Medical staff bylaws 1.97692 Approval of medical staff bylaws 1.97693 Amendment or repeal of medical staff bylaws 1.97694 Model bylaws 1.97695 Hospital utilization committee 1.97696 Hospital staff review committee Staff and Facilities 1.97697 Hospital staff 1.97698 Appointment of medical staff 1.97699 Standards for medical and professional staff 1.976991 Access to facilities of approved hospital Hospital Charges, Discharge and Transfer 1.976992 Liability for proper charges 1.976993 Discharge or transfer of patients 1.976994 Removal of discharged patients 1.976995 Trespass Appeals 1.976996 Hospital Privileges Appeal Board 1.976997 Appeals 1.976998 Rules re appeal hearings 1.976999 Decision on appeal 1.9769991 Appeal to Court of King’s Bench Information and Records Management 1.9769992 Records of delivery of hospital services 1.9769993 Disclosure of information 1.9769994 Records, reports and returns 1.9769995 Registration of births, stillbirths and deaths Inquiries, Investigations and Mediation 1.9769996 Inquiry re management and operation 1.9769997 Investigation or mediation committee 1.9769998 Committee of inquiry Financial Matters 1.9769999 Grants and other payments 1.97699991 Withholding of grants and other payments 1.976999911 Specific programs 1.976999912 Payments on debentures and leased property 1.976999913 Capital project costs Hospital Foundations 1.97699992 Hospital foundations Offences 1.976999921 Offences Regulations 1.97699993 Lieutenant Governor in Council regulations 1.97699994 Transitional regulations 1.97699995 Validation of regulation Part 3 Transition to Provincial Health Agencies 1.98 Interpretation Division 1 Regional Health Authorities 2 Establishment of health regions 3 Regional health authorities 4 First authority 5 Responsibilities of authority Division 2 Winding Up and Dissolution of Regional Health Authorities 5.01 Definitions 5.02 Winding up and dissolution 5.03 Winding up orders 5.04 Orders for transfers between successors 5.05 Directions 5.06 Appointment of person to carry out winding up activities 5.07 Assignment or transfer of agreements 5.08 Transitional — delivery of health services Division 3 Transfer of Regional Health Authority Employees 5.09 Definitions 5.091 Transfer of employees 5.092 Publication of transfer orders 5.093 No entitlement to severance Division 4 Labour Relations 5.094 Interpretation 5.095 Application of Division and Labour Relations Code 5.096 Successor bargaining units 5.097 Successor bargaining agents 5.098 Successor collective agreements 5.099 Initial entities continue 5.0991 Existing matters under Labour Relations Code 5.0992 Powers of Board Division 5 Payments Related to Severance Pay 5.0993 Payments related to severance pay — certain employees Part 4 Governance and Operation of the Health Care System 5.1 Agreements to carry out responsibilities 6 Powers of provincial health agency or regional health authority 6.1 Alignment with strategic direction 6.2 Crown agent 7 Bylaws 8 Directives 8.1 Accountability framework 9 Plans 9.01 Health plans 9.02 Operational plans 9.03 Additional plans 9.04 Submission, approval and amendment of plans 9.1 Annual budget 10 Community health councils 11 Dismissal of members and appointment of official administrator 11.1 Cancer registry 12 Meetings 12.1 Publication of decisions — one‑member provincial health agencies 13 Audit 14 Reports and returns 15 Agreements with other governments 16 Ministers’ powers 16.1 Failure to comply 19 Grants and other payments 20 Funding 21 Inspection powers 22 Exclusion of liability 22.1 AMA representation rights 23 Lieutenant Governor in Council regulations 24 Ministerial regulations 24.01 Consequential changes to regulations 24.02 Deficiency regulations 25 Application of regulations 26 Non‑application of PSER Act Preamble WHEREAS Alberta’s health care system has evolved over the years, from multiple regional health authorities to a single regional health authority, the first such provincial health authority in Canada; WHEREAS the Government of Alberta is committed to ensuring that the health care system continues to evolve in a way that reflects the changing health needs and priorities of Albertans; WHEREAS the Government of Alberta believes that the most effective and efficient way of delivering health services to Albertans is through a unified health care system with sector‑based provincial health agencies and a variety of health services providers, including Alberta Health Services and Covenant Health, that are partners in the health care system; WHEREAS the Government of Alberta recognizes that successfully delivering integrated, efficient and high-quality health care depends on the seamless transition of patients and their health information between provincial health agencies and health services providers; and WHEREAS the Government of Alberta recognizes the importance of an integrated approach to the strategic and operational aspects of the health care system that sets out clear roles and responsibilities for Government, provincial health agencies and health services providers; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) “additional plan” means a plan required by a sector Minister under section 1.3(b); (a.1) “approved hospital” means a hospital designated by the oversight Minister as an approved hospital under section 1.9763; (b) “community health council” means a community health council referred to in section 10; (c) repealed 2025 c10 s45(2); (d) “health plan” means the health plan of a provincial health agency or regional health authority required under section 9(2)(a) or (3)(a); (e) “health services delivery organization” means a person designated as a health services delivery organization by a sector Minister under section 1.97(1); (f) “health services sector” means a health services sector established under section 1.9(1) or by the Lieutenant Governor in Council under section 1.9(2)(a); (f.1) “hospital operator” means a person, including a provincial health agency or provincial health corporation, designated under section 1.9764 as the hospital operator of a health services sector in an approved hospital; (g) “operational plan” means the operational plan of a provincial health agency required under section 9(2)(b); (h) “oversight Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (i) “provincial health agency” means a provincial health agency established by a sector Minister under section 1.92(1); (j) “provincial health corporation” means a provincial health corporation established by a regulation made under section 1.971(1); (j.1) “provincial health corporation subsidiary” means a subsidiary health corporation referred to in clause (m)(ii); (k) “regional health authority” means a regional health authority referred to in section 3; (k.1) “responsible Minister” means, (i) with respect to a provincial health corporation, the Minister designated by a regulation made under section 1.971(1) as the responsible Minister for the provincial health corporation, and (ii) with respect to a provincial health corporation subsidiary, the responsible Minister for the provincial health corporation; (l) “sector Minister” means, with respect to (i) the acute care health services sector, the Minister responsible for the Emergency Health Services Act , (ii) the primary care health services sector, the Minister responsible for the Public Health Act , (iii) the continuing care health services sector, the Minister responsible for the Continuing Care Act , (iv) the mental health and addiction health services sector, the Minister responsible for the Mental Health Services Protection Act , (v) a health services sector established by the Lieutenant Governor in Council under section 1.9(2)(a), the Minister designated by the Lieutenant Governor in Council under section 1.9(2)(b), (vi) a health region and the regional health authority for that health region, the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act, and (vii) a provincial health agency, the sector Minister responsible for the health services sector for which the provincial health agency was established; (m) “subsidiary health corporation” means a corporation that is (i) a subsidiary of or controlled by a provincial health agency or regional health authority directly or indirectly through one or more intermediary corporations, and (ii) a subsidiary of or controlled by a provincial health corporation directly or indirectly through one or more intermediary corporations; (n) “transitional order” means an order made under section 5.03 or 5.04. RSA 2000 cR‑10 s1;2008 cH‑4.3 s7;2024 c10 s40(4); 2024 c16 s18(2);2025 c10 s45(2);2026 c9 s10 Part 1 Oversight of Health Care System Division 1 Strategic Direction Strategic direction of health care system 1.1 (1) The oversight Minister is responsible for the strategic direction of the health care system in Alberta. (2) For the purposes of subsection (1), the oversight Minister may (a) establish strategic goals and objectives for the health care system, (b) establish, implement and evaluate policies relating to the strategic direction of the health care system, (c) conduct capital planning, workforce planning and health system planning with respect to the health care system, (d) establish targets relating to the health care system that must be met by provincial health agencies, regional health authorities, provincial health corporations, hospital operators and health services delivery organizations, (e) establish performance measures to evaluate whether the strategic goals and objectives established under clause (a) and the targets established under clause (d) are being met, (f) determine the allocation to and use or disposition by provincial health agencies and regional health authorities of financial, physical and human resources, (g) require provincial health agencies and regional health authorities to provide information and records, and (h) do any other thing the oversight Minister considers necessary to carry out the oversight Minister’s responsibilities for the strategic direction of the health care system. (3) The oversight Minister shall not publish or make publicly available any policies established under subsection (2)(b) until the oversight Minister has consulted the sector Ministers responsible for the health services sectors or regional health authorities to which the policies apply. (4) The oversight Minister shall not require a provincial health agency or regional health authority to provide information or records under subsection (2)(g) until the oversight Minister has consulted the sector Minister responsible for the provincial health agency or regional health authority. 2024 c10 s40(5);2024 c16 s18(3);2025 c10 s45(3) Strategic direction of health services sectors and regional health authorities 1.2 (1) The sector Minister responsible for a health services sector or regional health authority is responsible for the strategic direction of the health services sector or regional health authority. (2) For the purposes of subsection (1), a sector Minister may (a) establish strategic goals and objectives for the health services sector or regional health authority, (b) establish, implement and evaluate policies relating to the strategic direction of the health services sector or regional health authority, (c) conduct capital planning, workforce planning and health system planning with respect to the health services sector or regional health authority, (d) establish targets relating to the delivery of health services (i) in the health services sector that must be met by (A) the provincial health agency, (B) provincial health corporations that have entered into agreements with the sector Minister, and (C) health services delivery organizations, or (ii) by the regional health authority that must be met by the regional health authority, (e) establish performance measures to evaluate whether the strategic goals and objectives established under clause (a) and the targets established under clause (d) are being met, (f) determine the allocation, use and disposition of financial, physical and human resources within the provincial health agency or regional health authority, and (g) do any other thing the sector Minister considers necessary to carry out the sector Minister’s responsibilities for the strategic direction of the health services sector or regional health authority. 2024 c10 s40(5);2024 c16 s18(4) Sector Minister’s powers re provincial health agency or regional health authority 1.3 For the purposes of carrying out the sector Minister’s responsibilities under section 1.2, the sector Minister, with respect to the provincial health agency or regional health authority for which the sector Minister is responsible, may (a) determine the organizational structure and management functions of the provincial health agency or regional health authority, including (i) specifying the composition and function of the departments, divisions, branches or units of the provincial health agency or regional health authority, (ii) specifying the number and function of positions in the following categories: (A) management personnel who report directly to one or more members of the provincial health agency or regional health authority; (B) management personnel who report directly to the chief executive officer of the provincial health agency or regional health authority; (C) management personnel who report directly to the management personnel referred to in paragraph (B), (iii) determining the powers, duties, responsibilities and functions of the management personnel referred to in subclause (ii), and (iv) determining the appropriate level of expenditure on administration and support services by the provincial health agency or regional health authority, (b) require the provincial health agency or regional health authority to prepare plans in addition to the health plan and operational plan, (c) review the policies established by the provincial health agency or regional health authority relating to its internal decision‑making and delegation processes, and (d) establish committees for the purposes of providing advice and recommendations to the provincial health agency or regional health authority and appoint the members of those committees. 2024 c10 s40(5) Alignment with strategic direction 1.4 A sector Minister shall exercise the sector Minister’s powers and carry out the sector Minister’s duties, responsibilities and functions under this Act in accordance with the oversight Minister’s strategic direction for the health care system, including anything done by the oversight Minister for the purposes of carrying out the oversight Minister’s responsibility for the strategic direction of the health care system. 2024 c10 s40(5) Division 2 Powers of Oversight Minister and Sector Ministers Advisory councils 1.5 The oversight Minister, by order, may establish advisory councils for the purposes of providing advice and recommendations to the oversight Minister, sector Ministers or provincial health agencies with respect to any matters under this Act. 2024 c10 s40(5) Consultation 1.6 For the purposes of exercising powers and carrying out duties, responsibilities and functions under this Act, the oversight Minister or a sector Minister may consult with and seek the advice of any provincial health agency, regional health authority, provincial health corporation, health services delivery organization or other person or body that the oversight Minister or sector Minister considers appropriate. 2024 c10 s40(5);2024 c16 s18(5) Agreements 1.7 For the purposes of exercising powers and carrying out duties, responsibilities and functions under this Act, the oversight Minister or a sector Minister may enter into an agreement with a provincial health agency, regional health authority, provincial health corporation, health services delivery organization or other person. 2024 c10 s40(5);2024 c16 s18(5) Power to delegate 1.8 (1) The oversight Minister may delegate to a provincial health agency or regional health authority, on any terms and conditions the oversight Minister considers appropriate, any of the oversight Minister’s powers, duties, responsibilities or functions under this Act except the power to make a recommendation for the purposes of section 1.9(2). (2) A sector Minister may delegate to the provincial health agency or regional health authority for which the sector Minister is responsible, on any terms and conditions the sector Minister considers appropriate, any of the sector Minister’s powers, duties, responsibilities or functions under this Act except the power to establish a provincial health agency under section 1.92(1). (3) A delegation under subsection (1) or (2) may include the power to subdelegate to a committee of the members of the provincial health agency or regional health authority or to any of the employees, officers or agents of the provincial health agency or regional health authority unless the power to subdelegate is limited in the delegation. (4) A provincial health agency or regional health authority shall comply with any terms and conditions imposed on a delegation. 2024 c10 s40(5) Part 2 Provincial Health Agencies Health services sectors 1.9 (1) The following health services sectors are established: (a) acute care health services sector; (b) primary care health services sector; (c) continuing care health services sector; (d) mental health and addiction health services sector. (2) The Lieutenant Governor in Council, on the recommendation of the oversight Minister, may (a) establish additional health services sectors, and (b) designate the Ministers responsible for those health services sectors. 2024 c10 s40(5) Types or classes of health services 1.91 (1) A sector Minister may decide which types or classes of health services are to be delivered in the health services sector for which the sector Minister is responsible. (2) The sector Minister shall not make a decision under subsection (1) without consulting the oversight Minister. 2024 c10 s40(5) Establishment of provincial health agencies 1.92 (1) A sector Minister, by order, may establish a provincial health agency for the health services sector or sectors for which the sector Minister is responsible. (2) An order made under subsection (1) (a) must specify the health services sector or sectors for which the provincial health agency is established, and (b) may specify which of the persons or bodies referred to in section 1.96(1) are to deliver health services in the health services sector or sectors. (3) An order made under subsection (1) may be made retroactive to the extent set out in the order. (4) The Regulations Act does not apply to an order made under subsection (1). 2024 c10 s40(5) Provincial health agency 1.93 (1) A provincial health agency is a corporation consisting of its members. (2) The members of the provincial health agency shall be appointed in accordance with the regulations in the number determined by the sector Minister. (3) A provincial health agency may consist of one member. (4) The sector Minister shall designate a member as chair and may designate a member as vice‑chair. (5) The members shall oversee the business and affairs of the provincial health agency. (6) The sector Minister may determine the remuneration and expenses payable to the members. 2024 c10 s40(5);2025 c10 s45(8) First members of provincial health agency 1.94 (1) Notwithstanding section 1.93(2), when a provincial health agency is established, the sector Minister may appoint the first members of the provincial health agency in the number determined by the sector Minister. (2) A first member holds office until the first member’s successor is appointed in accordance with the regulations. 2024 c10 s40(5);2025 c10 s45(8) Responsibilities of provincial health agencies 1.95 (1) Subject to this Act and the regulations, a provincial health agency is responsible for the delivery of health services and the oversight and coordination of the delivery of health services in the health services sector or sectors for which it was established. (2) For the purposes of subsection (1), a provincial health agency shall (a) deliver health services or arrange for the delivery of health services in accordance with section 1.96, (b) oversee the delivery of health services by the parties with whom the provincial health agency has entered into agreements to deliver health services and ensure the accountability of those parties, (b.1) oversee hospital operators with whom the provincial health agency has entered into agreements to carry out the responsibilities referred to in section 1.9767, (c) monitor and evaluate the delivery of health services in the health services sector, (d) implement the provincial health agency’s approved health plan, approved operational plan and approved additional plans, (e) establish priorities relating to the delivery of health services in the health services sector and regularly assess and modify those priorities, (f) ensure that health services are delivered in the health services sector in a manner that is responsive to the needs of individuals and communities and supports the integration of health services, (g) work with the oversight Minister, sector Ministers, other provincial health agencies, regional health authorities, provincial health corporations, hospital operators, health services delivery organizations and other health services providers to coordinate the delivery of health services within the health services sector and across health services sectors, (h) ensure that the transfer of patients and the responsibility for their care within the health services sector and between health services sectors is integrated, efficient and safe, (i) consult regularly with the oversight Minister, sector Ministers, other provincial health agencies, regional health authorities and other persons and bodies with respect to issues relating to health services and the delivery of health services within the health services sector and across health services sectors, (j) support reasonable access to quality health services in the health services sector, (k) assess the health needs of the population related to the health services sector on an ongoing basis, (l) promote and protect the health of the population and work toward the prevention of disease and injury related to the health services sector, (m) exercise any powers and carry out any duties, responsibilities or functions delegated to the provincial health agency by the oversight Minister or sector Minister under section 1.8, and (n) do any other thing required by the oversight Minister, the sector Minister or the regulations. 2024 c10 s40(5);2024 c16 s18(6);2025 c10 s45(9) Health foundations 1.951 (1) A provincial health corporation may establish, by bylaw, a health foundation in accordance with the regulations. (2) A foundation that exists immediately before the coming into force of this section may be continued as a health foundation under this Act in accordance with the regulations if the foundation is (a) a regional foundation under the Regional Health Authorities Foundation Regulation (AR 28/2007), (b) a continued foundation as defined in the Regional Health Authorities Foundation Regulation (AR 28/2007), or (c) a foundation established under a regulation made under section 23(1)(s) or continued under this Act as they read before the coming into force of this section. 2025 c10 s45(10) Part 2.1 Delivery of Services Delivery of health services 1.96 (1) Health services must be delivered in a health services sector by one or more of the following: (a) the provincial health agency; (a.1) provincial health corporations; (a.2) hospital operators; (b) health services delivery organizations; (c) other health services providers; (d) regional health authorities; (e) the sector Minister; (f) the oversight Minister. (2) A provincial health agency that arranges for the delivery of health services by a person referred to in subsection (1)(a.1), (b), (c) or (d) shall enter into an agreement with the person for those purposes. (2.1) Section 1.9765 applies where a hospital operator delivers health services in a health services sector. (3) Where no provincial health agency has been established for a health services sector, the sector Minister shall deliver or arrange for the delivery of health services in the health services sector. 2024 c10 s40(5);2024 c16 s18(8);2025 c10 s45(11) Health services delivery organizations 1.97 (1) A sector Minister, by order, may designate a person as a health services delivery organization in accordance with the regulations if (a) the person has entered into an agreement with the provincial health agency or the sector Minister to deliver health services in the health services sector for which the sector Minister is responsible, (b) the person is not (i) an individual, or (ii) a professional corporation as defined in the Health Professions Act , (c) the sector Minister is satisfied that (i) any requirements set out in the regulations have been met, and (ii) any requirements determined by the sector Minister have been met, and (d) the sector Minister, having considered any additional factors set out in the regulations or determined by the sector Minister, is satisfied that it is appropriate to designate the person as a health services delivery organization. (1.1) A sector Minister, in accordance with the regulations, may terminate the designation of a health services delivery organization made by the sector Minister. (2) A health services delivery organization shall, with respect to a health services sector in which it delivers health services, (a) deliver health services and conduct its activities and affairs in relation to the delivery of health services in accordance with (i) the sector Minister’s strategic direction for the health services sector, including anything done by the sector Minister for the purposes of carrying out the sector Minister’s responsibility for the strategic direction of the health services sector, (ii) the approved health plan and approved operational plan of the provincial health agency, and (iii) the agreement to deliver health services entered into by the health services delivery organization with the provincial health agency or sector Minister, (b) work with the provincial health agency, provincial health corporations, other health services delivery organizations and other health services providers to ensure that health services in the health services sector are delivered in a coordinated and integrated manner, (c) cooperate with the sector Minister and the provincial health agency to achieve the strategic goals and objectives established by the sector Minister for the health services sector under section 1.2(2)(a), (d) meet the targets established by the sector Minister under section 1.2(2)(d)(i) with respect to health services delivery organizations, and (e) do any other thing required by the sector Minister, provincial health agency or the regulations. (3) The sector Minister may authorize a health services delivery organization to deliver health services otherwise than in accordance with the approved health plan or approved operational plan of a provincial health agency if the sector Minister considers that it is in the public interest to do so. (4) Nothing in this Act precludes a health services delivery organization affiliated with a religion from delivering health services under an agreement with a provincial health agency or the sector Minister in a manner that is consistent with the fundamental principles of the religion. 2024 c10 s40(5);2024 c16 s18(9) Establishment of provincial health corporations 1.971 (1) The Lieutenant Governor in Council may, by regulation, (a) establish one or more provincial health corporations, and (b) designate the oversight Minister or a sector Minister as the responsible Minister for a provincial health corporation. (2) A provincial health corporation may be established to do any or all of the following: (a) act in an advisory capacity to the oversight Minister, sector Ministers, provincial health agencies, regional health authorities, other provincial health corporations, hospital operators, subsidiary health corporations or community health councils; (b) deliver or coordinate the delivery of health services; (b.1) act as a hospital operator; (c) deliver or coordinate the delivery of services related to the administration and operation of the health care system; (d) carry out other activities assigned to the provincial health corporation by the regulations. 2024 c16 s18(10);2025 c10 s45(12) Provincial health corporations 1.972 (1) A provincial health corporation is a corporation consisting of its members. (2) Subject to this Act and the regulations, a provincial health corporation has the rights, powers and privileges of a natural person. 2024 c16 s18(10) Governance of provincial health corporations 1.973 (1) The members of a provincial health corporation shall be appointed by the responsible Minister in accordance with the regulations. (2) A provincial health corporation may consist of one member. (3) The responsible Minister shall designate a member as chair or designate 2 members as co‑chairs and may designate a member as vice‑chair. (4) The members shall oversee the business and affairs of the provincial health corporation. (5) The responsible Minister may determine the remuneration and expenses payable to the members. 2024 c16 s18(10);2026 c9 s10 Crown agent 1.974 (1) Subject to the regulations, a provincial health corporation is for all purposes an agent of the Crown in right of Alberta. (2) An action or other legal proceeding in respect of a right or obligation acquired or incurred on behalf of the Crown in right of Alberta by a provincial health corporation that is an agent of the Crown, whether in the name of the provincial health corporation or in the name of the Crown in right of Alberta, may be brought by or taken against the provincial health corporation in the name of the provincial health corporation. 2024 c16 s18(10) Regulations — provincial health corporations 1.975 The Lieutenant Governor in Council may make regulations (a) setting out the purposes for which a provincial health corporation is established in accordance with section 1.971(2); (b) respecting the health services that a provincial health corporation is to deliver or coordinate the delivery of for the purposes of section 1.971(2)(b); (c) respecting the services related to the administration and operation of the health care system that a provincial health corporation is to deliver or coordinate the delivery of for the purposes of section 1.971(2)(c); (d) respecting activities to be carried out by a provincial health corporation for the purposes of section 1.971(2)(d); (e) providing that a provincial health corporation is not an agent of the Crown for the purposes of section 1.974(1); (f) authorizing the same person to serve as the chair and chief executive officer of a provincial health corporation for the purposes of section 18 of the Alberta Public Agencies Governance Act ; (g) respecting the powers, duties, responsibilities, functions, jurisdiction and management of provincial health corporations; (h) respecting the size and composition of provincial health corporations; (i) respecting the appointment of members of provincial health corporations, eligibility for membership, the terms of office of members, the termination of members, the filling of vacancies and the appointment of officers; (i.1) respecting the designation of participants for the purposes of participating in meetings and discussions with provincial health corporations, eligibility for designation and other purposes for which participants may be designated; (j) respecting the bylaws of provincial health corporations, including regulations (i) authorizing or requiring provincial health corporations to make bylaws relating to their general conduct, operation, management and financial matters, and (ii) respecting the approval of bylaws and authorizing responsible Ministers to give directions with respect to bylaws; (k) respecting agreements entered into by provincial health corporations or provincial health corporation subsidiaries, including regulations authorizing the Minister to establish processes for the approval of agreements; (k.1) respecting agreements and indemnities whose rights, benefits, obligations or responsibilities are assigned or transferred to provincial health corporations by transitional orders; (l) specifying provincial health corporations and provincial health corporation subsidiaries in respect of which responsible Ministers may issue directives under section 8(2); (m) determining or providing for the manner of determining the fiscal year of provincial health corporations and provincial health corporation subsidiaries; (n) respecting the budgets of provincial health corporations, including regulations (i) requiring provincial health corporations to submit budgets to responsible Ministers, (ii) specifying the information that budgets must contain, and (iii) respecting the time within which and the form and manner in which budgets must be submitted; (o) respecting the financial matters of provincial health corporations, including regulations respecting (i) the borrowing and investment powers of provincial health corporations and matters relating to borrowing and investment by provincial health corporations, (ii) indemnities and guarantees, including regulations authorizing the giving of indemnities and guarantees by provincial health corporations, respecting the persons to whom indemnities and guarantees may be given and respecting any terms and conditions applicable to indemnities and guarantees, (iii) the acquisition, leasing and disposal of land, buildings, assets and equipment by provincial health corporations, (iv) requirements relating to agreements and projects entered into by provincial health corporations, (v) the sale of goods and services by provincial health corporations that are unrelated to the direct delivery or coordination of the delivery of (A) health services, or (B) services related to the administration and operation of the health care system, (vi) surpluses and deficits of provincial health corporations, and (vii) money donated to provincial health corporations; (p) authorizing responsible Ministers and provincial health corporations to make payments directly to individuals to enable individuals to acquire health services or services related to the administration and operation of the health care system and respecting terms and conditions under which those payments may be made and to which they are subject; (q) respecting the exemption of provincial health corporations from paying taxes or fees under any other enactment, notwithstanding that other enactment; (r) respecting the standards and guidelines to be observed by provincial health corporations in the delivery of health services or services related to the administration and operation of the health care system, the undertaking of capital construction projects and the operation of facilities; (s) respecting processes established by provincial health corporations under section 1.976 to resolve complaints by, on behalf of or in the interest of patients, including regulations authorizing the delegation to employees of powers, duties, responsibilities and functions established in the regulations; (t) respecting meetings of provincial health corporations, including regulations respecting (i) the frequency of meetings, (ii) the conduct of meetings, including requirements and considerations for holding meetings publicly or in private, and (iii) the publication of information and records relating to meetings and the redaction of personal or confidential information before publication; (u) respecting the publication of decisions made by provincial health corporations consisting of one member, including regulations respecting (i) considerations to be taken into account when deciding whether to publish decisions, (ii) the publication of information and records relating to decisions, and (iii) the redaction of personal or confidential information before the publication of decisions, information or records; (v) respecting the appointment of the Auditor General as the auditor for provincial health corporations and provincial health corporation subsidiaries; (w) respecting the qualifications of and eligibility requirements for persons who may be appointed as auditor of provincial health corporations and provincial health corporation subsidiaries under section 13(3.1); (x) requiring provincial health corporations to provide records, reports and returns to provincial health agencies, including regulations (i) respecting the information the records, reports and returns must contain, (ii) respecting the time at which and the form and manner in which the records, reports and returns must be provided, and (iii) authorizing provincial health agencies to specify the information referred to in subclause (i) or the matters referred to in subclause (ii); (y) respecting the disclosure of the remuneration and benefits paid to the members and employees of provincial health corporations; (z) respecting requirements relating to the preparation of the financial records of provincial health corporations; (aa) respecting annual reports of provincial health corporations required under section 14(2)(b), including regulations (i) respecting the information annual reports must contain for the purposes of section 14(2.1) and (2.2), (ii) respecting the time within which and the form and manner in which annual reports must be provided, and (iii) authorizing responsible Ministers to specify the information referred to in subclause (i) or the matters referred to in subclause (ii); (bb) requiring provincial health corporations to keep records and respecting the form and manner in which the records must be kept and the information they must contain; (cc) respecting the sharing of information between provincial health corporations and provincial health agencies, regional health authorities, other provincial health corporations, community health councils, health services delivery organizations or other health services providers; (dd) respecting confidentiality requirements with respect to information obtained in the administration of this Act and the regulations or in delivering health services or services related to the administration and operation of the health care system under this Act; (ee) respecting the types of electronic systems that must be used by provincial health corporations for data transmission and storage and the standards that those systems must meet; (ff) authorizing responsible Ministers to suspend, adjust or recover all or part of grants or other payments paid under section 19(2) where (i) recipients contravene this Act, the regulations or any other enactment under which the recipients exercise powers or carry out duties, responsibilities or functions, fail to comply with a directive or contravene a term or condition to which grants or other payments are subject, or (ii) grants or other payments are paid in error or there are overpayments of the amount of grants or other payments, and respecting the manner in which those payments may be suspended and adjusted and those payments and overpayments may be recovered; (gg) authorizing provincial health corporations to charge fees for goods and services they deliver and respecting the amounts of the fees that may be charged for those goods and services; (hh) respecting the winding up of the affairs of provincial health corporations, including regulations authorizing responsible Ministers to wind up or provide for the winding up of the affairs of provincial health corporations; (ii) making any of the provisions of the regulations made under this Act applicable in respect of provincial health corporations with necessary modifications; (jj) respecting any other thing the Lieutenant Governor in Council considers necessary for provincial health corporations to carry out their powers, duties, responsibilities and functions under this Act. 2024 c16 s18(10);2025 c10 s45(13);2026 c9 s10 Process for resolving patient complaints 1.976 A provincial health agency, regional health authority or provincial health corporation established for the purposes of delivering health services shall establish and maintain a process for resolving complaints by, on behalf of or in the interests of patients in accordance with the regulations. 2024 c16 s18(10) Part 2.2 Management and Operation of Approved Hospitals Definitions 1.9761 In this Part, (a) “administrator” means, except where the context requires otherwise, the person appointed under section 1.9768, regardless of any other title or name used for the position; (b) “appeal” means an appeal under section 1.976997; (c) “Appeal Board” means the Hospital Privileges Appeal Board continued under section 1.976996(1); (c.1) “approved program” means a program designated as an approved program by a sector Minister under section 1.97671; (c.2) “capital costs” includes the annual amount of principal and interest on debentures and loans as approved; (d) “continuing care home” means a continuing care home as defined in the Continuing Care Act ; (e) “general bylaws” means the bylaws made by a hospital operator under section 1.9769; (f) “hospital services” means health services delivered in an approved hospital by the medical staff or professional staff of the health services sector in the approved hospital; (g) “hospital staff” means the medical staff, professional staff and other employees and persons engaged for services by a hospital operator in the health services sector in an approved hospital; (h) “individually identifying health information” means individually identifying health information within the meaning of the Health Information Act ; (i) “medical staff” means the physicians appointed by a hospital operator as the medical staff of a health services sector in an approved hospital under section 1.97698; (j) “medical staff bylaws” means the bylaws made by medical staff under section 1.97691; (k) “patient” means a person (i) admitted as an in‑patient to a health services sector in an approved hospital, or (ii) to whom hospital services are delivered as an out-patient in a health services sector in an approved hospital; (l) “personal information” means personal information as defined in the Protection of Privacy Act ; (m) “professional organization” means (i) The Alberta Medical Association (C.M.A. – Alberta Division), (ii) the College of Registered Nurses of Alberta, (iii) the Alberta College of Pharmacy, and (iv) any college under the Health Professions Act or professional association within the meaning of the Health Professions Act that is representative of a group of employees or of the medical staff or professional staff of a health services sector in an approved hospital; (n) “professional staff” means persons who deliver health services, other than physicians, who are regulated under a health profession statute and have been granted by the hospital operator of a health services sector in an approved hospital the authority to admit, attend or treat patients at and use the facilities, equipment and resources of the health services sector in the approved hospital. (o) “specific program” means a program designated as a specific program by a sector Minister under section 1.97671. 2025 c10 s45(15);2026 c9 s10 Application of Part 1.9762 Except as otherwise provided in the regulations made under this Part, this Part and the regulations made under this Part apply in respect of a facility as defined in the Mental Health Act . 2025 c10 s45(15) Use of word “hospital” 1.97621 (1) No owner or operator of an institution, building or other premises established or used for the purposes of providing hospital services shall, unless the institution, building or other premises is an approved hospital or a facility as defined in the Mental Health Act , (a) describe or permit the description of the institution, building or premises as a hospital, or (b) use or permit the use of the word “hospital” in the name of the institution, building or other premises. (2) Notwithstanding subsection (1), the oversight Minister may order that subsection (1) does not apply to the owner or operator of an institution, building or other premises that is not an approved hospital or a facility as defined in the Mental Health Act . 2025 c10 s45(15) Approved Hospitals and Hospital Operators Designation of approved hospitals 1.9763 The oversight Minister, by order, may designate a hospital as an approved hospital in accordance with the regulations. 2025 c10 s45(15) Designation of hospital operators 1.9764 The oversight Minister, by order, may designate one of the following as the hospital operator of a health services sector in an approved hospital: (a) the provincial health agency established for the health services sector; (b) a provincial health corporation whose responsible Minister is the sector Minister for the health services sector; (c) a person other than a provincial health agency or provincial health corporation if (i) the oversight Minister is satisfied that (A) the person is capable of delivering hospital services in the health services sector in the approved hospital, and (B) it is appropriate to designate the person based on any other factors determined by the oversight Minister, and (ii) the oversight Minister has considered any recommendation by the provincial health agency established for the health services sector with respect to whether the person should be designated.

2025 c10 s45(15) Agreements 1.9765 (1) A provincial health agency that arranges for the delivery of hospital services in the health services sector in an approved hospital by a hospital operator shall enter into an agreement with the hospital operator to carry out the responsibilities referred to in section 1.9767. (2) A sector Minister that arranges for the delivery of hospital services in the health services sector in an approved hospital by a hospital operator that is a provincial health agency may require the hospital operator to enter into an agreement with the sector Minister to carry out the responsibilities referred to in section 1.9767. 2025 c10 s45(15) Responsibilities of sector Minister 1.9766 The sector Minister shall, with respect to a hospital operator that is a provincial health agency, (a) oversee the hospital operator in carrying out its responsibilities under section 1.9767, and (b) ensure the accountability of the hospital operator. 2025 c10 s45(15) Responsibilities of hospital operators 1.9767 A hospital operator is responsible for (a) the delivery of hospital services in the health services sector in the approved hospital in accordance with (i) the agreement referred to in section 1.9765(1), if the hospital operator is not a provincial health agency, or (ii) an agreement referred to in section 1.9765(2) or any directives issued by the sector Minister, if the hospital operator is a provincial health agency, (b) the management and operation of the health services sector in the approved hospital, (c) the oversight of the medical staff and matters relating to the medical staff, and (d) the oversight of the professional staff and matters relating to the professional staff. 2025 c10 s45(15) Approved and specific programs 1.97671 A sector Minister may designate a program operated or provided in the health services sector in an approved hospital as an approved program or a specific program. 2025 c10 s45(15) Governance of Approved Hospitals Administrator 1.9768 (1) A hospital operator shall appoint a person as the administrator of the health services sector in the approved hospital. (2) The administrator is (a) the most senior official in the administrative organization of the health services sector in the approved hospital, and (b) responsible for the day‑to‑day management and operation of the health services sector in the approved hospital. 2025 c10 s45(15) General bylaws 1.9769 (1) A hospital operator shall make general bylaws respecting the organization, management and operation of the health services sector in the approved hospital that address the following matters: (a) the making of rules respecting the powers, duties, responsibilities and functions of the administrator and hospital staff; (b) the organization and administration of departments in the health services sector in the approved hospital; (c) any other matters the hospital operator considers necessary. (2) General bylaws have no effect until approved in writing by the sector Minister. (3) The sector Minister shall not approve general bylaws without consulting the oversight Minister. (4) Where a hospital operator submits general bylaws to the sector Minister for approval, the sector Minister may, after consulting the oversight Minister, (a) approve the general bylaws as submitted, or (b) refer the general bylaws back to the hospital operator with directions to make changes. (5) General bylaws referred back to a hospital operator under subsection (4)(b) must be resubmitted as directed by the sector Minister. (6) Subsection (4) applies with respect to general bylaws resubmitted to the sector Minister. (7) The oversight Minister or sector Minister may issue a directive requiring a hospital operator to amend or repeal its general bylaws in accordance with the directive. 2025 c10 s45(15) Medical staff bylaws 1.97691 (1) A hospital operator shall require the medical staff to make bylaws respecting the organization and conduct of the medical staff and procedures respecting appointments and hospital privileges. (2) The bylaws must address the following matters: (a) the making of rules respecting the day‑to‑day management of medical affairs in the health services sector in the approved hospital; (b) procedures respecting recommendations by the medical staff to the hospital operator with respect to (i) the appointment and reappointment of members of the medical staff, (ii) the suspension and termination of the appointments of members of the medical staff, and (iii) the delineation of hospital privileges of members of the medical staff; (c) procedures respecting the review of decisions made by the hospital operator or the medical staff respecting the hospital privileges of members of the medical staff; (d) procedures ensuring that applications for appointment to the medical staff reach the hospital operator in the time prescribed in the bylaws, whether or not the appointment is recommended by the medical staff; (e) procedures ensuring that the hospital operator gives notice to an applicant for an appointment to the medical staff within a reasonable time after the hospital operator makes a decision with respect to the application; (f) mechanisms ensuring that the hospital operator considers medical staff input respecting patient care and that the medical staff have input into strategic planning, community‑needs assessment, facility‑use management and quality assurance activities of the hospital operator; (g) mechanisms promoting ethical behaviour, evidence‑based decision making and participation in continuing medical education by the medical staff; (h) any other matters the hospital operator considers necessary. (3) Medical staff bylaws have no effect until approved in writing by the hospital operator and the sector Minister in accordance with section 1.97692. (4) The sector Minister shall not approve medical staff bylaws without consulting the oversight Minister. 2025 c10 s45(15) Approval of medical staff bylaws 1.97692 (1) Where a hospital operator approves the medical staff bylaws, the hospital operator shall submit the medical staff bylaws to the sector Minister for approval. (2) Where a hospital operator refuses to approve the medical staff bylaws, (a) the hospital operator shall refer the medical staff bylaws and the matters in dispute to the sector Minister, (b) the hospital operator and the medical staff may make independent written representations to the sector Minister on the matters in dispute, and (c) the sector Minister, after consulting the oversight Minister, shall decide the matters in dispute, and the sector Minister’s decision is final. (3) Where a hospital operator submits the medical staff bylaws for approval by the sector Minister under subsection (1), the sector Minister may, after consulting the oversight Minister, (a) approve the medical staff bylaws as submitted, or (b) refer the medical staff bylaws back to the hospital operator with directions to the medical staff to make changes. (4) After the sector Minister makes a decision under subsection (2)(c), the sector Minister may, after consulting the oversight Minister, (a) approve the medical staff bylaws as submitted, or (b) refer the medical staff bylaws back to the hospital operator with directions to the medical staff to make changes in accordance with the decision made under subsection (2)(c). (5) Medical staff bylaws referred back to a hospital operator under subsection (3)(b) or (4)(b) must be resubmitted as directed by the sector Minister. (6) Subsection (3) applies with respect to medical staff bylaws referred back to the hospital operator under subsection (3)(b) when resubmitted to the sector Minister. (7) Where medical staff bylaws are referred back to the hospital operator under subsection (4)(b), (a) the hospital operator shall approve the bylaws after the medical staff make changes to the bylaws in accordance with the direction made under subsection (2)(c), and (b) subsection (3) applies with respect to the bylaws when resubmitted to the sector Minister. 2025 c10 s45(15) Amendment or repeal of medical staff bylaws 1.97693 (1) A hospital operator may require the medical staff to amend or repeal the medical staff bylaws and specify the manner in which the bylaws are to be amended. (2) Sections 1.97691(3) and (4) and 1.97692 apply to amendments to the medical staff bylaws. 2025 c10 s45(15) Model bylaws 1.97694 (1) A sector Minister, after consulting the oversight Minister and the professional organizations, may establish (a) model general bylaws for the guidance of hospital operators in the health services sector, and (b) model medical staff bylaws for the guidance of hospital operators and the medical staff in the health services sector. (2) The sector Minister, by notice in writing, may direct (a) one or more hospital operators in the health services sector to make general bylaws based on the model general bylaws referred to in subsection (1)(a), or (b) the medical staff of the health services sector in one or more approved hospitals to make medical staff bylaws based on the model medical staff bylaws referred to in subsection (1)(b). (3) Where bylaws are required to be made under subsection (2) or bylaws made under subsection (2) are amended, the sector Minister may direct that the bylaws or amendments be sent to the sector Minister within 6 months of the date on which the bylaws are made or amended. (4) The sector Minister may, after consulting the oversight Minister, withdraw approval of a bylaw required to be made under subsection (2) at any time by notice in writing to the hospital operator. (5) A bylaw required to be made under subsection (2) ceases to have effect on the withdrawal of the sector Minister’s approval. 2025 c10 s45(15) Hospital utilization committee 1.97695 (1) The general bylaws may (a) provide for the establishment of a hospital utilization committee for a health services sector in an approved hospital, and (b) prescribe the powers, duties, responsibilities and functions of the hospital utilization committee. (2) In addition to the powers, duties, responsibilities and functions prescribed under the general bylaws, a hospital utilization committee (a) shall conduct a continuing review of the utilization of all hospital services delivered in the health services sector in the approved hospital, (b) shall provide to the provincial health agency any information or records required by the provincial health agency that relate to (i) a review conducted under clause (a), or (ii) any other function of the committee, and (c) may require the hospital operator and hospital staff to provide (i) any information the committee reasonably requires for the purposes of carrying out its duties, and (ii) access to the relevant records of the hospital operator for those purposes. 2025 c10 s45(15);2026 c9 s10 Hospital staff review committee 1.97696 (1) A hospital operator or the medical staff may establish a hospital staff review committee for a health services sector in an approved hospital for the purposes of (a) evaluating and controlling clinical practice in the health services sector in the approved hospital on a continuing basis for the purpose of maintaining and improving the safety and quality of patient care, and (b) performing any functions in relation to the appraisal and control of the quality of patient care in the health services sector in the approved hospital. (2) The hospital operator or medical staff may appoint persons as members of the hospital staff review committee. (3) A hospital staff review committee may give advice and make statements, decisions and recommendations relating to the committee’s functions under subsection (1) to the provincial health agency or hospital operator. (4) No action for defamation may be commenced against a member of a hospital staff review committee in respect of (a) advice given or statements, decisions or recommendations made in good faith by the committee to the provincial health agency or hospital operator, or (b) anything done or not done by the member in good faith while exercising powers or carrying out duties, responsibilities or functions under this Act, the regulations, the general bylaws or the medical staff bylaws. 2025 c10 s45(15) Staff and Facilities Hospital staff 1.97697 (1) Subject to section 1.97698, a hospital operator is responsible for appointing or engaging the services of hospital staff and officers of the hospital operator (a) in accordance with this Act, the regulations, the general bylaws, the medical staff bylaws and other relevant legislation, and (b) as required for the efficient operation of the health services sector in the approved hospital. (2) A hospital operator shall prescribe the duties, remuneration and other terms of employment or engagement of hospital staff and officers appointed or engaged under subsection (1). 2025 c10 s45(15) Appointment of medical staff 1.97698 (1) A hospital operator is responsible for appointing the medical staff in accordance with the medical staff bylaws and any requirements established under subsection (2). (2) The provincial health agency may establish requirements respecting the appointment of medical staff that hospital operators in the health services sector must follow. 2025 c10 s45(15) Standards for medical and professional staff 1.97699 The sector Minister may establish standards respecting the delivery of hospital services that must be followed by the medical staff and professional staff. 2025 c10 s45(15) Access to facilities of approved hospital 1.976991 (1) A hospital operator may grant to physicians and other health practitioners access to the facilities in the health services sector in the approved hospital. (2) The hospital operator must grant access under subsection (1) in accordance with the general bylaws, the medical staff bylaws and any applicable employment contract or contract for services. 2025 c10 s45(15) Hospital Charges, Discharge and Transfer Liability for proper charges 1.976992 (1) In this section, “proper charges” means (a) charges for services not delivered as insured health services under Part 1 of the Alberta Health Care Insurance Act or the regulations made under that Part, (b) charges for services not delivered as insured hospital services under Part 2 of the Alberta Health Care Insurance Act or the regulations made under that Part, and (c) charges for the payment of which patients are liable under Part 2 of the Alberta Health Care Insurance Act or the regulations made under that Part. (2) Where a hospital operator delivers hospital services to a person in the health services sector in an approved hospital, the following persons are liable to the hospital operator for the payment of any proper charges: (a) if the person is a minor and is unmarried and not in an adult interdependent relationship, that person and the person’s parents or guardians and their respective executors and administrators; (b) if the person is a minor and is married or in an adult interdependent relationship, that person and the person’s spouse or adult interdependent partner and their respective executors and administrators; (c) if the person is an adult, that person and the person’s spouse or adult interdependent partner, if any, and their respective executors and administrators. (d) repealed 2025 c21 s10. (2.1) Notwithstanding subsection (2), if the person to whom the hospital operator delivers hospital services or another person signs an agreement, admission form or other document assuming responsibility for the payment of charges as a result of which the person is admitted to or receives services described in subsection (1) in the health services sector in the approved hospital, the person or the other person who signed the document and their respective executors and administrators are liable to the hospital operator for the payment of any proper charges, notwithstanding the Guarantees Acknowledgment Act . (3) Notwithstanding subsection (2), where a hospital operator delivers hospital services in the health services sector in an approved hospital to a person who is married or in an adult interdependent relationship, that person’s spouse or adult interdependent partner is not liable for the payment of any proper charges incurred by that person if (a) the person has deserted the spouse or adult interdependent partner and has not contributed to the spouse’s or adult interdependent partner’s support for at least 6 months immediately preceding the date on which the person is admitted to or receives hospital services in the health services sector in the approved hospital, (b) the spouses are legally separated from each other, or (c) the spouses or adult interdependent partners are living separate and apart and one spouse or adult interdependent partner has not contributed to the other spouse’s or adult interdependent partner’s support for at least 6 months immediately preceding the date on which the person is admitted to or receives hospital services in the health services sector in the approved hospital. (4) A hospital operator may recover from a person liable for the payment of proper charges under this section the amount of those charges by bringing an action in debt in a court of competent civil jurisdiction. 2025 c10 s45(15) Discharge or transfer of patients 1.976993 (1) A sector Minister, provincial health agency, hospital operator or administrator may, in accordance with subsections (3) to (5), declare that (a) a patient is no longer in need of the hospital services delivered in the health services sector in the approved hospital or in a particular ward, section or unit in the health services sector in the approved hospital, and (b) the patient is eligible for transfer or discharge. (2) When a declaration is made under subsection (1), the sector Minister, provincial health agency, hospital operator or administrator may (a) transfer the patient (i) to another ward, section or unit in the health services sector in the approved hospital, (ii) to a ward, section or unit in another health services sector of the approved hospital, after consulting the hospital operator of that health services sector, or (iii) to another location that the sector Minister, provincial health agency, hospital operator or administrator considers appropriate, or (b) discharge the patient (i) to a health services sector in another approved hospital, after consulting the hospital operator of the health services sector in that approved hospital, (ii) to a continuing care home or other accommodation, (iii) to another location that the sector Minister, provincial health agency, hospital operator or administrator considers appropriate, or (iv) from the approved hospital entirely. (3) A sector Minister may act under this section only on the basis of the reports of the attending physician or the attending professional staff of the patient. (4) A provincial health agency may act under this section only after consulting (a) the attending physician of the patient, (b) the attending professional staff of the patient, or (c) the hospital operator, if the provincial health agency is not the hospital operator. (5) A hospital operator or administrator may act under this section only after consulting (a) the attending physician of the patient, (b) the attending professional staff of the patient, or (c) a committee established to consider matters referred to in this section. 2025 c10 s45(15) Removal of discharged patients 1.976994 (1) When a patient has been declared eligible for discharge under section 1.976993(1), the hospital operator or a representative of the hospital operator may require that the patient be removed by (a) a person liable under section 1.976992(2) for the payment of proper charges incurred by the patient, or (b) the sector Minister of the health services sector in which the patient received hospital services, if the patient is a tourist, transient or visitor in Alberta. (2) The hospital operator or administrator shall notify the person responsible for the removal of a patient under subsection (1) to remove the patient from the approved hospital within 10 days after the date on which notice was given. (3) Where notice is given to a person referred to in subsection (1)(a), the hospital operator or administrator shall send a copy of the notice to the sector Minister responsible for the health services sector in which health services were delivered to the patient. (4) Repealed 2025 c21 s10. (5) Notwithstanding any other Act, a person referred to in subsection (1)(a) who fails to comply with a notice given under subsection (2) is liable to the hospital operator for the payment of an amount equal to (a) the daily rate for a patient who is not entitled to receive insured hospital services under Part 2 of the Alberta Health Care Insurance Act , multiplied by (b) the number of days during which the patient remained in the approved hospital after the date on which the notice was given. (6) Where a dispute arises in respect of this section between a person referred to in subsection (1)(a) and the hospital operator, the person or hospital operator may refer the matter to the oversight Minister, and the oversight Minister’s decision on the matter is final. 2025 c10 s45(15) Trespass 1.976995 (1) Any patient declared eligible for transfer or discharge under section 1.976993(1) who refuses or fails to move or to leave when requested to do so is deemed to be a trespasser. (2) Any other person who remains on hospital premises without the consent of the hospital operator or a representative of the hospital operator and who refuses or fails to leave the premises when ordered to do so is deemed to be a trespasser. (3) For the purposes of this section, the following are deemed to be notice for the purposes of section 2.1 of the Petty Trespass Act and section 2 of the Trespass to Premises Act : (a) a request referred to in subsection (1); (b) an order referred to in subsection (2); (c) a notice given by the hospital operator or administrator under section 1.976994(2). 2025 c10 s45(15) Appeals Hospital Privileges Appeal Board 1.976996 (1) The Hospital Privileges Appeal Board established under the Hospitals Act , RSA 2000 cH‑12, is continued. (2) The Appeal Board consists of the following members appointed by the oversight Minister: (a) 2 physicians; (b) one member of The Law Society of Alberta or of the judiciary; (c) one person with significant public sector administration experience at a senior level as determined by the sector Minister responsible for the acute care health services sector; (d) one person with significant public sector administration experience at a senior level as determined by the sector Minister responsible for the mental health and addiction health services sector; (e) one member of the College of Registered Nurses of Alberta; (f) 2 other persons. (3) The oversight Minister, after consulting the sector Ministers responsible for the acute care health services sector and the mental health and addiction health services sector, shall designate a member as chair. (4) In the event of the chair’s absence or inability to act, the members of the Appeal Board may elect one of the members to be chair during the chair’s absence or inability to act. (5) A member of the Appeal Board may be appointed for a term not exceeding 3 years and may be reappointed for additional terms each not exceeding 3 years. (6) The oversight Minister may determine the remuneration and expenses payable to the members of the Appeal Board. 2025 c10 s45(15) Appeals 1.976997 (1) A member or former member of the medical staff may appeal a decision of the hospital operator referred to in subsection (2) by giving written notice of the appeal to the Appeal Board within 90 days after receiving notice of the hospital operator’s decision. (2) The following decisions of a hospital operator may be appealed: (a) a decision not to reappoint the member or former member as a member of the medical staff; (b) a decision to reappoint the member or former member with different hospital privileges than those the member or former member had immediately prior to the reappointment; (c) a decision to terminate or suspend (i) the member’s or former member’s appointment as a member of the medical staff, or (ii) the member’s or former member’s hospital privileges; (d) a decision to vary the member’s or former member’s hospital privileges. (3) For the purposes of an appeal, a hospital operator that does not reappoint a member of the medical staff who has applied for reappointment to the medical staff is deemed to have made a decision not to reappoint the member. (4) For the purposes of this section, a regulated member of the College of Dental Surgeons of Alberta who has or had hospital privileges in a health services sector in an approved hospital is deemed to be a member or former member of the medical staff, as the case may be. 2025 c10 s45(15) Rules re appeal hearings 1.976998 (1) The Appeal Board may make rules respecting the hearing of appeals. (2) A quorum for an appeal hearing is 3 members of the Appeal Board, at least one of whom must be a member appointed under section 1.976996(2)(a), (b) or (e). (3) A party to an appeal may be represented by counsel at the hearing of the appeal. (4) For the purposes of an appeal, the Appeal Board has the powers, privileges and immunities of a commissioner under sections 3 and 4 of the Public Inquiries Act . (5) For the purposes of an appeal, the Appeal Board may inspect and make copies of records containing a patient’s individually identifying health information or personal information and may admit a copy of the record containing the information in evidence of the appeal, but all proceedings related to the information must be held in private. 2025 c10 s45(15) Decision on appeal 1.976999 On hearing an appeal, the Appeal Board may, by order, (a) confirm the decision of the hospital operator, (b) direct that a former member be reappointed to the medical staff or that a member’s hospital privileges on reappointment be varied, (c) direct the reinstatement of (i) a former member’s appointment as a member of the medical staff, or (ii) a member’s hospital privileges, (d) remove or vary the suspension, or (e) direct that a member’s hospital privileges be varied. 2025 c10 s45(15) Appeal to Court of King’s Bench 1.9769991 (1) The hospital operator or the member or former member who appealed the hospital operator’s decision may appeal the order of the Appeal Board to the Court of King’s Bench on a matter of law only. (2) An application for appeal must be filed and served within 30 days after the person making the application is notified in writing of the order of the Appeal Board. (3) The Court of King’s Bench may make any order that the Appeal Board may make under section 1.976999 or may refer the matter back to the Appeal Board with any directions that the Court considers appropriate. 2025 c10 s45(15) Information and Records Management Records of delivery of hospital services 1.9769992 (1) A hospital operator shall ensure that the attending physician and other persons delivering hospital services to a patient in the health services sector in the approved hospital keep records in accordance with the Health Information Act with respect to the hospital services delivered to the patient. (2) A provincial health agency may establish, in accordance with the Health Information Act , requirements respecting record keeping for the purposes of subsection (1) that hospital operators, attending physicians and other persons delivering hospital services to patients must follow. 2025 c10 s45(15) Disclosure of information 1.9769993 (1) In this section, “authorized person” means a person authorized by the oversight Minister or a sector Minister to collect or disclose individually identifying health information or personal information under this section. (2) The oversight Minister, a sector Minister or an authorized person may require a hospital operator to disclose individually identifying health information or personal information to the oversight Minister, sector Minister or authorized person for the following purposes: (a) assessing the standard of hospital services delivered to patients; (b) improving hospital or medical procedures; (c) compiling medical statistics; (d) conducting medical research; (e) enforcing the Crown’s right of recovery under the Crown’s Right of Recovery Act ; (f) any other purpose considered by the oversight Minister or sector Minister to be in the public interest. (3) The oversight Minister, a sector Minister, an authorized person, a hospital operator, an employee of a hospital operator, a physician or a member of the professional staff may disclose a patient’s individually identifying health information or personal information without the patient’s consent (a) to a provincial health agency, workers’ compensation board or other provincial hospital insurance authority, where the information is required to establish responsibility for payment by the organization or insurer, (b) to the operator of another hospital to which the patient may be transferred or admitted or to other attending physicians or attending professional staff, and (c) to the ABC Benefits Corporation, where the information is required to administer the Alberta Blue Cross Plan. (4) The oversight Minister, a sector Minister or a hospital operator may, for the purposes referred to in subsection (2) and without the consent of any other person, disclose a patient’s individually identifying health information or personal information to or collect that information from (a) a Director of Medical Services appointed under the Occupational Health and Safety Act , (b) The Alberta Medical Association (C.M.A. – Alberta Division), (c) the Department of Health (Canada) for purposes in connection with the Canada Health Act (Canada), (d) the government of a province or territory of Canada or an agent of that government for purposes in connection with any health services or hospital care insurance plan administered by that government or its agent, or (e) an investigation or mediation committee established under section 1.9769997. (5) A hospital operator shall, after the discharge of a patient from the health services sector in the approved hospital for the purpose of transferring the patient to another hospital inside or outside Alberta, a nursing home outside Alberta or a continuing care home, disclose the patient’s individually identifying health information to that other hospital, nursing home or continuing care home for the use of the staff of that other hospital, nursing home or continuing care home. (6) A hospital operator may disclose a patient’s individually identifying health information or personal information to a board of review appointed under the Criminal Code (Canada) to review the case of the person to whom the records relate. 2025 c10 s45(15) Records, reports and returns 1.9769994 (1) A hospital operator shall, on the written request of the oversight Minister or sector Minister, provide to the oversight Minister or sector Minister records, reports and returns relating to the health services sector in the approved hospital as specified in the request. (2) The records, reports and returns must be provided (a) at the times and in the manner specified in the request, and (b) in accordance with the Health Information Act . (3) The sector Minister may, if a hospital operator fails to comply with a request made under subsection (1), suspend or cancel the payment of a grant to the hospital operator under section 54(2) of the Alberta Health Care Insurance Act . 2025 c10 s45(15) Registration of births, stillbirths and deaths 1.9769995 A hospital operator shall ensure that the documents required under the Vital Statistics Act are provided to the Registrar of Vital Statistics in accordance with that Act with respect to the following: (a) each birth that occurs in the health services sector in the approved hospital; (b) each stillbirth or death that occurs in the health services sector in the approved hospital in respect of which the hospital operator issues a burial and disposition permit. 2025 c10 s45(15) Inquiries, Investigations and Mediation Inquiry re management and operation 1.9769996 (1) In this section, “authorized employee” means, (a) with respect to the oversight Minister, an employee of the department administered by the oversight Minister who is authorized by the oversight Minister for the purposes of this section, (b) with respect to a sector Minister, an employee of the department administered by the sector Minister who is authorized by the sector Minister for the purposes of this section, and (c) with respect to a provincial health agency, an employee of the provincial health agency who is authorized by the provincial health agency for the purposes of this section. (2) For the purposes of verifying the accuracy of records, reports and returns referred to in section 1.9769994 and ensuring compliance with this Act and the regulations, the oversight Minister, a sector Minister, a provincial health agency or their authorized employees may, in accordance with subsections (3) to (5), (a) make necessary inquiries into the management and operation of a health services sector in an approved hospital, (b) visit and inspect a health services sector in an approved hospital, and (c) examine the hospital records of a health services sector in an approved hospital. (3) The oversight Minister or the oversight Minister’s authorized employees may act under subsection (2) with respect to any health services sector in an approved hospital. (4) A sector Minister or the sector Minister’s authorized employees may act under subsection (2) with respect to the health services sector for which the sector Minister is responsible in an approved hospital. (5) A provincial health agency or its authorized employees may act under subsection (2) with respect to the health services sector for which the provincial health agency was established, except with respect to the health services sector in an approved hospital for which the provincial health agency is the hospital operator. 2025 c10 s45(15) Investigation or mediation committee 1.9769997 (1) A sector Minister may authorize (a) an investigation into the management or operation of the health services sector in an approved hospital, or (b) the mediation of a dispute arising in the course of the management or operation of the health services sector in an approved hospital. (2) Where a sector Minister authorizes an investigation or mediation under subsection (1), the sector Minister (a) may designate any person or body to conduct or participate in the investigation or mediation, and (b) shall establish a committee to conduct the investigation or mediation. (3) Where a sector Minister designates one or more professional organizations to conduct or participate in an investigation or mediation, the governing body of each designated professional organization shall appoint one or more of the professional organization’s members to the committee and shall inform the sector Minister accordingly. (4) The committee (a) shall elect a member as chair, if there are 2 or more members on the committee, (b) shall conduct the investigation or mediation authorized by the sector Minister, and (c) may require from the hospital operator and its employees the individually identifying health information, personal information and other information the committee reasonably requires for the purposes of the investigation or mediation and may access the records of the hospital operator containing that information for that purpose. (5) On completion of the investigation or mediation, the committee shall prepare and submit a report to the hospital operator, the sector Minister and the persons and bodies designated under subsection (2). (6) No action may be commenced against a person or body designated under subsection (2)(a) or a member of a committee established under this section in respect of (a) advice given or statements made in good faith in the committee’s report, or (b) anything done or not done by the committee or a member of the committee in good faith in the course of conducting the investigation or mediation. 2025 c10 s45(15) Committee of inquiry 1.9769998 (1) A sector Minister may establish a committee for the purposes of making an inquiry into any matter referred to it by the sector Minister relating to the management or operation of the health services sector in an approved hospital. (1.1) A committee may consist of one member. (2) The sector Minister shall appoint the members of the committee. (2.1) The committee shall elect a member as chair, if there are 2 or more members on the committee. (3) The committee and any member of the committee have all the powers of a commissioner appointed under the Public Inquiries Act . (4) The sector Minister may determine the remuneration and expenses payable to the members of the committee. (5) On completion of the inquiry, the committee shall prepare and submit a report to the sector Minister. 2025 c10 s45(15) Financial Matters Grants and other payments 1.9769999 A sector Minister or provincial health agency may provide grants or other payments to a hospital operator with respect to the management and operation of the health services sector in the approved hospital. 2025 c10 s45(15) Withholding of grants and other payments 1.97699991 If a hospital operator fails to comply with this Act or the regulations, the sector Minister or provincial health agency may suspend or adjust any grants or other payments that the sector Minister or provincial health agency may pay to the hospital operator under section 1.9769999 until the hospital operator complies with this Act or the regulations. 2025 c10 s45(15) Specific programs 1.976999911 A sector Minister may, in accordance with the regulations, make a grant to a hospital operator in respect of a specific program. 2025 c10 s45(15) Payments on debentures and leased property 1.976999912 (1) Where the regulations provide for payments to a hospital operator of an amount for capital costs, the sector Minister may, in accordance with the regulations, undertake to pay that amount by making payments (a) of all or part of the principal and interest on specified debentures, (b) on all or part of a property held by the hospital operator under a lease agreement, or (c) as the sector Minister considers necessary in the circumstances. (2) A hospital operator and the sector Minister may agree that a payment under subsection (1) be made to the hospital operator or its assignee or agent. 2025 c10 s45(15) Capital project costs 1.976999913 (1) A sector Minister may make grants to a hospital operator in respect of capital project costs in accordance with the regulations. (2) A hospital operator is required to seek approval in accordance with the regulations for expenditures or borrowing relating to capital project costs. (3) The capital project costs must be determined in accordance with the regulations. 2025 c10 s45(15) Hospital Foundations Hospital foundations 1.97699992 (1) A hospital operator other than a provincial health agency or provincial health corporation may establish, by bylaw, a hospital foundation in accordance with the regulations. (2) A foundation that exists immediately before the coming into force of this section may be continued as a hospital foundation under this Act in accordance with the regulations if the foundation is (a) a foundation established under Part 4 of the Hospitals Act , RSA 2000 cH‑12, as it read before the coming into force of this section, (b) a foundation exempted under section 58 of the Hospitals Act , RSA 2000 cH‑12, as it read before the coming into force of this section, or (c) a foundation established, continued or exempted under any other enactment as a foundation to benefit a hospital. 2025 c10 s45(15) Offences Offences 1.976999921 (1) Subject to subsection (2), a person who contravenes section 1.97621(1) is guilty of an offence and liable to a fine of not more than $1000 and, in default of payment, to imprisonment for a term of not more than one year. (2) A person who contravenes a prescribed provision of the regulations is guilty of an offence and liable to a fine of not more than $2000 for a first offence and $5000 for each subsequent offence. 2025 c10 s45(15) Regulations Lieutenant Governor in Council regulations 1.97699993 The Lieutenant Governor in Council may make regulations (a) respecting the non‑application or variation of the application of this Part or the regulations made under this Part, in whole or in part, to facilities for the purposes of section 1.9762; (b) respecting the application, non‑application or variation of the application of this Part or the regulations, in whole or in part; (c) respecting the designation of approved hospitals for the purposes of section 1.9763; (d) respecting the designation of hospital operators for the purposes of section 1.9764; (e) respecting the responsibilities of hospital operators for the purposes of section 1.9767; (e.1) respecting approved programs and specific programs for the purposes of section 1.97671; (f) respecting the approval of the locations, design and construction of approved hospitals and the conditions under which approval will be granted; (g) respecting the standards of hospital services to be delivered by hospital operators; (h) respecting the admission policies of approved hospitals and the types of patients that may be admitted, including regulations respecting the admission of persons not requiring hospital services; (i) respecting the powers and duties of hospital operators with respect to the appointment and reappointment of members of the medical staff, the suspension and termination of the appointments of members of the medical staff and the delineation of hospital privileges of members of the medical staff; (j) respecting procedures for the mediation of decisions of hospital operators to refuse the appointment of physicians to the medical staff; (j.1) respecting grants made by sector Ministers in respect of specific programs for the purposes of section 1.976999911; (j.2) respecting the endorsement of debentures or related legal instruments; (j.3) respecting revenues, expenditures, surpluses and deficits of hospital operators, including regulations respecting (i) the manner of determining revenues, expenditures, surpluses and deficits, and (ii) the discretionary revenue, offset revenue, operating expenditures, operating surpluses and operating deficits of approved programs and specific programs; (j.4) respecting capital projects and capital project costs for the purposes of section 1.976999913, including regulations respecting (i) grants in respect of capital project costs, (ii) approval for expenditures or borrowing by hospital operators for capital projects, and (iii) the manner of determining capital project costs and interest on debt resulting from capital project costs; (j.5) respecting capital costs of health services sectors in approved hospitals, including regulations (i) prescribing the basis on which capital costs are determined, (ii) prescribing the rates and manner of payment by sector Ministers of the sector Ministers’ share of capital costs and the manner of accounting by hospital operators for those payments, and (iii) providing for the payment of amounts for capital costs to hospital operators, including the payment of amounts required under approved lease‑back arrangements; (k) respecting hospital foundations, including regulations (i) respecting the establishment of hospital foundations as corporations to benefit approved hospitals, hospital operators and communities, including to provide health care education to communities served by an approved hospital, (ii) respecting the continuation of foundations referred to in section 1.97699992(2) as hospital foundations under this Act and any transitional matters related to the continuation of such foundations as hospital foundations, (iii) respecting prohibitions, exemptions and terms and conditions relating to the establishment and operation of hospital foundations, including regulations authorizing the oversight Minister to grant or amend exemptions and establish or amend terms and conditions, (iv) respecting the management, functions, powers and duties of hospital foundations, (v) respecting the manner in which and the purposes for which hospital foundations may be established, (vi) respecting the bylaws required to establish hospital foundations and the bylaws of hospital foundations, including regulations respecting the approval of bylaws and authorizing the oversight Minister or the chair of a provincial health corporation responsible for hospital foundations to give directions with respect to bylaws, (vii) respecting the governing bodies of hospital foundations and the members of governing bodies, including regulations respecting the appointment, election and nomination of members, eligibility for membership, types of members, the terms of office of members, the termination of members and the remuneration and expenses payable to members, (viii) authorizing the chair of a provincial health corporation responsible for hospital foundations to delegate any power given to the chair by the regulations made under this clause, (ix) respecting the fiscal year and annual reports of hospital foundations, (x) respecting the transfer of property by hospital foundations, (xi) respecting the transfer of property by hospital operators to hospital foundations, (xii) providing for the non‑application of the Loan and Trust Corporations Act to hospital foundations, (xiii) requiring hospital foundations to provide records, reports and returns to the oversight Minister or the chair of a provincial health corporation responsible for hospital foundations, specifying the information the records, reports and returns must contain, and respecting the time at which and the form and manner in which the records, reports and returns must be provided, (xiv) requiring hospital foundations to consult with the oversight Minister, specifying the subject‑matter of the consultations, and respecting the time at which and the manner in which the consultations must take place, and (xv) respecting the winding up of the affairs of hospital foundations, including regulations authorizing the oversight Minister or the chair of a provincial health corporation responsible for hospital foundations to wind up or provide for the winding up of the affairs of hospital foundations; (l) respecting the establishment and operation of schools, centres or other facilities for the education or training of nurses or other hospital staff; (m) respecting the establishment of central placement offices for admission to continuing care homes; (n) respecting the disposal of human tissues, whether removed during an operation, autopsy or otherwise; (n.1) prescribing provisions of the regulations the contravention of which is an offence for the purposes of section 1.976999921(2). (o) defining terms that are used but not defined in this Part for the purposes of this Part and the regulations; (p) respecting any other matters that in the opinion of the Lieutenant Governor in Council are necessary in order to carry out the purposes of this Part. 2025 c10 s45(15);2026 c9 s10 Transitional regulations 1.97699994 (1) In this section, “former Act and regulations” means (a) Parts 1, 2 and 4 of the Hospitals Act , RSA 2000 cH‑12, (b) the Operation of Approved Hospitals Regulation (AR 247/90), and (c) the Hospitals Foundation Regulation (AR 27/2007).

(2) The Lieutenant Governor in Council may make regulations (a) respecting the transition to this Act of anything provided for under the former Act and regulations; (b) remedying any confusion, difficulty, inconsistency or impossibility resulting from the transition to this Act from the former Act and regulations. (3) A regulation made under subsection (2) is repealed 5 years after the regulation comes into force or on the date specified in the regulation, whichever is earlier. (4) The repeal of a regulation under subsection (3) does not affect anything done, incurred or acquired under the authority of the regulation before the repeal of the regulation. (5) A regulation made under subsection (2) that is in force on or after the repeal of this section remains in force until it is repealed in accordance with subsection (3). (6) A regulation may not be made under subsection (2) extending the 5‑year period set out in subsection (3). (7) This section is repealed 5 years after this section comes into force, but the repeal does not affect anything done, incurred or acquired under the authority of a regulation made under subsection (2) before the repeal of this section. 2025 c10 s45(15) Validation of regulation 1.97699995 (1) The Operation of Approved Hospitals Regulation (AR 247/90) is validated and declared for all purposes to have been validly made. (2) Everything done under or in reliance of the Operation of Approved Hospitals Regulation (AR 247/90) is validated and declared for all purposes to have been validly done. 2025 c10 s45(15) Part 3 Transition to Provincial Health Agencies Interpretation 1.98 (1) This Part applies in respect of (a) a health region that is in existence on the coming into force of this section, and (b) the regional health authority that administers the health region. (2) Notwithstanding section 2, no health region shall be established on or after the coming into force of this section. (3) In sections 2 and 4, “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act as it read immediately before the coming into force of this section. 2024 c10 s40(5) Division 1 Regional Health Authorities Establishment of health regions 2 (1) The Minister may by order establish one or more health regions in Alberta. (2) An order under subsection (1) (a) shall name the health region and describe its boundaries, and (b) may be made effective on a date that is before the date on which the order is made. (3) to (5) Repealed 2024 c10 s40(6). (6) The Regulations Act does not apply to an order under this section. RSA 2000 cR-10 s2;2024 c10 s40(6) Regional health authorities 3 (1) Each health region shall be administered by a regional health authority. (2) A regional health authority shall consist of the number of persons determined by the Minister who are appointed or elected in accordance with the regulations. (3) A regional health authority is a corporation consisting of its members. RSA 2000 cR-10 s3;2024 c10 s40(7) First authority 4 (1) Notwithstanding section 3, where a health region is established, the Minister shall by order appoint the number of persons the Minister considers appropriate as the first members of the regional health authority for the health region. (2) The terms of office of the first members of a regional health authority continue until their successors are appointed or elected in accordance with the regulations. (3) The Minister may provide in the order for the payment of remuneration and expenses to the first members of a regional health authority. 1994 cR‑9.07 s4 Responsibilities of authority 5 (1) Subject to this Act and the regulations, a regional health authority shall, in accordance with subsection (2), (a) plan for the delivery of health services in the health region, and (b) deliver health services in the health region. (2) Subject to this Act and the regulations, in carrying out its responsibilities under subsection (1), a regional health authority shall (a) promote and protect the health of the population in the health region and work toward the prevention of disease and injury, (b) assess on an ongoing basis the health needs of the health region, (c) repealed 2024 c10 s40(8), (d) support reasonable access to quality health services in the health region, and (e) promote the delivery of health services in a manner that is responsive to the needs of individuals and communities and supports the integration of services and facilities in the health region. RSA 2000 cR-10 s5;2020 c27 s11;2024 c10 s40(8) Division 2 Winding Up and Dissolution of Regional Health Authorities Definitions 5.01 In this Division, (a) “agreement” includes an agreement, contract, instrument or other written or oral arrangement or commitment; (b) “successor” means (i) one or more provincial health agencies, (i.1) one or more provincial health corporations, (ii) one or more sector Ministers, (iii) the oversight Minister, (iii.1) the Minister determined under section 16 of the Government Organization Act as the Minister responsible for the Public Health Act , and (iv) the Minister determined under section 16 of the Government Organization Act as the Minister responsible for the Real Property Governance Act . 2024 c10 s40(9);2024 c16 s18(11);2025 c10 s45(16) Winding up and dissolution 5.02 (1) The oversight Minister may order that the affairs of a regional health authority be wound up. (2) The affairs of a regional health authority must be wound up in accordance with this Division. (3) When the oversight Minister is satisfied that the affairs of the regional health authority have been wound up, the oversight Minister, by order, may (a) terminate the appointment of (i) the members of the regional health authority, or (ii) the official administrator, if one was appointed under section 11, and (b) dissolve the regional health authority. 2024 c10 s40(9) Winding up orders 5.03 (1) For the purposes of winding up the affairs of a regional health authority, the oversight Minister may make orders (a) providing for the transfer to one or more successors of any powers, duties, responsibilities or functions of the regional health authority, (b) providing for the transfer to one or more successors of any property or assets of the regional health authority, (c) providing for the transfer to one or more successors of any liabilities or obligations of the regional health authority, (d) assigning or transferring to one or more successors any rights, benefits, obligations or responsibilities under any agreements to which the regional health authority is a party other than employment contracts, collective agreements or agreements relating to collective agreements, (e) transferring to one or more successors the custody and control of any records of the regional health authority, (f) determining by or against which successor or successors any civil, criminal or administrative actions or proceedings pending by or against the regional health authority are to be continued, (g) providing that any existing causes of action, claims or liabilities to prosecution of, by or against the regional health authority are unaffected and determining by or against which successor or successors they may be continued, (h) determining in favour of or against which successor or successors any rulings, orders or judgments in favour of or against the regional health authority are to be enforced, (i) authorizing the collection, use and disclosure by the regional health authority or a successor or successors of (i) personal information as defined in the Protection of Privacy Act , or (ii) health information, as defined in the Health Information Act , including individually identifying health information within the meaning of the Health Information Act , (j) providing for the protection of the interests of the creditors and debenture holders of the regional health authority, (k) requiring the regional health authority to amend or repeal the bylaws of the regional health authority and specifying the manner in which the bylaws are to be amended, and (l) providing for any other matters the oversight Minister considers necessary. (1.1) An order made under subsection (1)(b) providing for the transfer to the successor referred to in section 5.01(b)(iv) of any real property of the regional health authority may have effect on April 1, 2025. (2) An order made under subsection (1) may provide that (a) an order made under this Act, or (b) a direction given under section 8 as it read immediately before the coming into force of this section that was in force immediately before the coming into force of this section is continued and applies to a successor to the extent set out in the order made under subsection (1). (3) An order made under subsection (1) may be made retroactive to the extent set out in the order. (4) The Regulations Act does not apply to an order made under this section. 2024 c10 s40(9);2024 c16 s18(12);AR 141/2025 Orders for transfers between successors 5.04 (1) After making an order under section 5.03, the oversight Minister, for the purposes of winding up the affairs of a regional health authority, may make further orders (a) providing for the transfer to another successor or successors of any powers, duties, responsibilities or functions previously transferred by an order made under section 5.03(1)(a), (b) providing for the transfer to another successor or successors of any property or assets previously transferred by an order made under section 5.03(1)(b), (c) providing for the transfer to another successor or successors of any liabilities or obligations previously transferred by an order made under section 5.03(1)(c), (d) assigning or transferring to another successor or successors any rights, benefits, obligations or responsibilities under any agreements previously assigned or transferred by an order made under section 5.03(1)(d), (e) transferring to another successor or successors the custody and control of any records of the regional health authority previously transferred by an order made under section 5.03(1)(e), (f) determining that any civil, criminal or administrative actions or proceedings previously continued under an order made under section 5.03(1)(f) are to be continued by or against another successor or successors, (g) determining that any existing causes of action, claims or liabilities to prosecution previously continued by an order made under section 5.03(1)(g) are to be continued by or against another successor or successors, (h) determining that any rulings, orders or judgments are to be enforced in favour of or against a successor or successors other than or in addition to a successor or successors referred to in an order made under section 5.03(1)(h), (i) authorizing the collection, use and disclosure by a successor or successors of any information referred to in section 5.03(1)(i) that was previously collected, used or disclosed by a successor or successors, (j) providing for the protection of the interests of creditors and debenture holders where any obligations or liabilities of the regional health authority that were previously transferred by an order made under section 5.03(1)(c) are transferred to another successor or successors by an order made under clause (c), and (k) requiring a successor to amend or repeal the bylaws of the successor and specifying the manner in which the bylaws are to be amended. (1.1) An order made under subsection (1)(b) providing for the transfer to the successor referred to in section 5.01(b)(iv) of any real property of the regional health authority previously transferred by an order made under section 5.03(1)(b) may have effect on April 1, 2025. (2) An order made under subsection (1) may be made retroactive to the extent set out in the order. (3) The Regulations Act does not apply to an order made under this section. 2024 c10 s40(9);2024 c16 s18(13) Directions 5.05 The oversight Minister may from time to time give any directions the oversight Minister considers appropriate with respect to the winding up of the affairs of a regional health authority. 2024 c10 s40(9) Appointment of person to carry out winding up activities 5.06 (1) The oversight Minister may appoint a person in a transitional order to carry out some or all of the activities set out in the order. (2) The oversight Minister may give directions under section 5.05 requiring a person appointed under subsection (1) to carry out some or all of the activities set out in the direction. (3) A person appointed under subsection (1) shall carry out the activities set out in the order or direction in accordance with (a) the order or direction, (b) any other relevant transitional orders, and (c) any other relevant directions given under section 5.05. (4) Subject to the order, all powers conferred on the regional health authority, with respect to an order made under section 5.03, or on a successor, with respect to an order made under section 5.04, are transferred to and vested in the person to the extent necessary to carry out the activities. 2024 c10 s40(9) Assignment or transfer of agreements 5.07 (1) Where any rights, benefits, obligations or responsibilities under an agreement are assigned or transferred to a successor by a transitional order, the agreement continues to have full effect as an agreement of the successor with respect to those rights, benefits, obligations and responsibilities. (2) An assignment or transfer under subsection (1) is valid notwithstanding a provision in the agreement that (a) prohibits the assignment or transfer of the agreement or of any rights, benefits, obligations or responsibilities under the agreement, or (b) requires the consent of or notice to a party or parties to the agreement to the assignment or transfer. (3) Notwithstanding any provision in an agreement to the contrary, neither of the following give rise to any legal or equitable right, remedy or penalty under the agreement: (a) the assignment or transfer of any rights, benefits, obligations or responsibilities under the agreement; (b) anything done under a transitional order or a direction made under section 5.05. 2024 c10 s40(9) Transitional — delivery of health services 5.08 (1) During the period in which a regional health authority is being wound up, (a) sections 1.95 and 1.96(1) do not apply to a provincial health agency with respect to any health services in the health services sector that have not been transferred to the provincial health agency by a transitional order, and (b) section 5 does not apply to a regional health authority with respect to any health services that have been transferred from the regional health authority by a transitional order. (2) Section 1.96(2) does not apply in respect of any health services that a regional health authority was responsible for delivering immediately before the coming into force of this section until the responsibility for delivering those health services is transferred by an order made under section 5.03. 2024 c10 s40(9) Division 3 Transfer of Regional Health Authority Employees Definitions 5.09 (1) In this Division, (a) “employee” means an employee of a regional health authority, whether represented by a bargaining agent or not; (b) “transfer order” means an order made under section 5.091(1); (c) “transitional period” means the period beginning on the coming into force of this section and ending on December 31, 2026. (2) For greater certainty, a reference in this Division to an employment contract does not include a collective agreement or any agreement relating to a collective agreement. 2024 c10 s40(9);2026 c9 s10 Transfer of employees 5.091 (1) Subject to subsection (5) and notwithstanding the terms of any employment contract, the oversight Minister, by order, may transfer employees or classes of employees to a provincial health agency or provincial health corporation. (2) A transfer order must (a) specify the provincial health agency or provincial health corporation to which the employees are being transferred, (b) specify the employees or classes of employees to be transferred, and (c) set the date on which the transfer is to take effect. (3) On the date referred to in subsection (2)(c), all employees specified in the transfer order become employees of the provincial health agency or provincial health corporation to which they have been transferred. (4) The employment of an employee specified in a transfer order is deemed to be continuous and uninterrupted. (5) The oversight Minister may make a transfer order only during the transitional period. 2024 c10 s40(9);2024 c16 s18(14) Publication of transfer orders 5.092 (1) Subject to subsection (2), the oversight Minister may publish a transfer order or otherwise make a transfer order publicly available. (2) A transfer order published or made publicly available must not include the name of any employee specified in the transfer order. 2024 c10 s40(9) No entitlement to severance 5.093 Notwithstanding the Employment Standards Code or any other enactment or the terms of any employment contract, no employee specified in a transfer order is entitled to severance pay, termination pay or other compensation as a result of (a) the employee being specified in the transfer order if the position with the provincial health agency or provincial health corporation to which the employee is proposed to be transferred is substantially the same as the employee’s position with the regional health authority, or (b) the transfer of the employee if the position with the provincial health agency or provincial health corporation to which the employee is transferred is substantially the same as the employee’s position with the regional health authority. 2024 c10 s40(9);2024 c16 s18(14) Division 4 Labour Relations Interpretation 5.094 (1) In this Division, (a) “functional group” means a functional group described in section 2(1)(a) to (e) of the Regional Health Authority Collective Bargaining Regulation (AR 80/2003); (b) “initial bargaining agent” means the certified bargaining agent for the employees in an initial bargaining unit; (c) “initial bargaining unit” means a bargaining unit of the employees of an initial employer who are employed in a functional group; (d) “initial collective agreement” means a collective agreement between an initial bargaining agent and an initial employer that is in force immediately before the initial transfer date; (e) “initial employer” means a regional health authority; (f) “initial transfer date” means the date on which employees in an initial bargaining unit are first transferred to a successor employer by a transfer order; (g) “successor bargaining agent” means a bargaining agent for the employees in a successor bargaining unit; (h) “successor bargaining unit” means a bargaining unit of the employees of a successor employer who are employed in the same functional group as the employees in an initial bargaining unit; (i) “successor collective agreement” means a collective agreement between a successor bargaining agent and a successor employer continued in force under section 5.098(1); (j) “successor employer” means a provincial health agency or provincial health corporation; (k) “transfer order” means an order made under section 5.091(1); (l) “transitional period” means the period beginning on the coming into force of this section and ending on December 31, 2026. (2) Words and expressions defined in the Labour Relations Code and not defined in this Division but used in this Division have the same meaning as in the Labour Relations Code unless the context provides otherwise. 2024 c10 s40(9);2024 c16 s18(14);2026 c9 s10 Application of Division and Labour Relations Code 5.095 (1) This Division applies only during the transitional period. (2) Subject to subsection (4), the Labour Relations Code applies during the transitional period, but where there is a conflict or inconsistency between this Division and the Labour Relations Code , this Division prevails. (3) For the purposes of the Labour Relations Code , (a) a successor bargaining agent granted a certificate under section 5.097(2) is a certified bargaining agent within the meaning of the Labour Relations Code , (b) a successor bargaining unit is a unit or bargaining unit within the meaning of the Labour Relations Code , and (c) a successor collective agreement is a collective agreement within the meaning of the Labour Relations Code . (4) Divisions 5 to 9 of Part 2 of the Labour Relations Code do not apply during the transitional period to (a) an initial employer, initial bargaining agent, initial bargaining unit, the employees in an initial bargaining unit or an initial collective agreement with respect to the matters to which this Division applies, or (b) a successor employer, successor bargaining agent, successor bargaining unit, the employees in a successor bargaining unit or a successor collective agreement. 2024 c10 s40(9) Successor bargaining units 5.096 A successor bargaining unit is established on the initial transfer date. 2024 c10 s40(9) Successor bargaining agents 5.097 (1) An initial bargaining agent is deemed to be the successor bargaining agent for the employees in a successor bargaining unit. (2) The Board shall grant a certificate to a successor bargaining agent naming the successor employer and describing the bargaining unit in respect of which the successor bargaining agent is certified as the bargaining agent. (3) A successor bargaining agent has exclusive authority to bargain collectively on behalf of the successor employees in the successor bargaining unit and to bind them by a collective agreement. (4) A certificate granted under subsection (2) is deemed to have been granted on the initial transfer date. 2024 c10 s40(9) Successor collective agreements 5.098 (1) On the initial transfer date, the initial collective agreement in respect of the employees in an initial bargaining unit is continued in force as a successor collective agreement in respect of the employees in the successor bargaining unit. (2) A successor collective agreement binds the successor employer, successor bargaining agent and employees in the successor bargaining unit as if the collective agreement had been signed by the successor employer and successor bargaining agent. (3) A notice to commence collective bargaining served under section 59 of the Labour Relations Code by an initial employer or initial bargaining agent is deemed to have been served by the successor employer or successor bargaining agent if, immediately before the initial transfer date, (a) the initial employer and initial bargaining agent have not entered into a new collective agreement, and (b) a lawful strike or lawful lockout has not commenced. 2024 c10 s40(9) Initial entities continue 5.099 (1) An initial bargaining unit continues as the bargaining unit for the employees in the initial bargaining unit who have not yet been transferred to a successor employer. (2) An initial bargaining agent continues as the bargaining agent for the employees in an initial bargaining unit who have not yet been transferred to a successor employer. (3) An initial collective agreement continues in force with respect to an initial employer, initial bargaining agent and the employees represented by the initial bargaining agent who have not yet been transferred to a successor employer. (4) For greater certainty, the Labour Relations Code continues to apply with respect to an initial collective agreement. 2024 c10 s40(9) Existing matters under Labour Relations Code 5.0991 (1) In this section, (a) “employee transfer date” means, with respect to a specific employee or class of employees in an initial bargaining unit, the date on which the employee or class of employees is transferred to a successor employer by a transfer order; (b) “labour relations matter” means (i) an application, complaint or reference to the Board, (ii) a proceeding or other action before the Board, (iii) an action taken by the Board or an officer under section 13 of the Labour Relations Code , (iv) an arbitration before an arbitrator or arbitration board under Division 22 of Part 2 of the Labour Relations Code , or (v) a grievance or difference arising under a collective agreement. (2) Where a labour relations matter relating to a specific employee or class of employees has not been concluded, disposed of or resolved before the employee transfer date, (a) the labour relations matter is continued on the employee transfer date, (b) the successor employer replaces the initial employer as a party, and (c) the successor bargaining agent replaces the initial bargaining agent as a party. (3) Where a labour relations matter other than one referred to in subsection (2) has not been concluded, disposed of or resolved before the initial transfer date, (a) the labour relations matter is continued on the initial transfer date, (b) with respect to a labour relations matter other than one referred to in subsection (1)(b)(iv) or (v), the Board may declare the following: (i) the initial employer or initial bargaining agent continue as parties to the labour relations matter; (ii) the successor employer or successor bargaining agent are to be added as parties to the labour relations matter; (iii) the successor employer or successor bargaining agent are to replace any parties to the labour relations matter, and (c) with respect to a labour relations matter referred to in subsection (1)(b)(iv) or (v), the arbitrator or arbitration board may declare the following: (i) the initial employer or initial bargaining agent continue as parties to the labour relations matter; (ii) the successor employer or successor bargaining agent are to be added as parties to the labour relations matter; (iii) the successor employer or successor bargaining unit are to replace any parties to the labour relations matter. (4) Any directive or order of the Board or any arbitration award that binds an initial employer, initial bargaining agent or employee in an initial bargaining unit binds the successor employer, successor bargaining agent or employee in the successor bargaining unit, respectively. 2024 c10 s40(9);2026 c9 s10 Powers of Board 5.0992 The Board may exercise its powers under section 12 of the Labour Relations Code with respect to any matters relating to the interpretation or application of this Division. 2024 c10 s40(9) Division 5 Payments Related to Severance Pay Payments related to severance pay — certain employees 5.0993 (1) In this Division, (a) “amount of severance pay” means the gross amount of severance pay an employee received under an employment contract or collective agreement; (b) “employee” means an employee of a regional health authority, provincial health agency or provincial health corporation, whether represented by a bargaining agent or not; (c) “rate of pay” means an amount equal to the wages or salary that an employee would have earned under an employment contract or collective agreement if the employee had worked the regular hours of work for the week immediately before termination; (d) “severance period” means the period beginning on the day after the employee’s termination of employment with the regional health authority, provincial health agency or provincial health corporation, as the case may be, and ending after the number of weeks calculated by dividing the amount of severance pay by the employee’s rate of pay. (2) Notwithstanding the Employment Standards Code , where an employee who has been terminated under an employment contract or a collective agreement and has received severance pay in accordance with the employment contract or collective agreement becomes employed with the Crown in right of Alberta, the employee must, as a condition of the offer of employment with the Crown, pay the amount determined under subsection (3). (3) The amount to be paid under subsection (2) is the lesser of (a) the amount of severance pay, and (b) the portion of the amount of severance pay that is equivalent to the gross amount of earnings of the employee from employment with the Crown in right of Alberta during the severance period. (4) An amount required to be paid under subsection (2) is a debt due to the Crown in right of Alberta and may be recovered by the Crown by action. (5) For the purposes of this section, a regional health authority, provincial health agency or provincial health corporation must, on the request of the oversight Minister, disclose to the oversight Minister the following information relating to an employee: (a) the name of the employee; (b) the amount of severance pay paid to the employee; (c) the date the amount of severance pay was paid to the employee; (d) the severance period related to the amount of severance pay; (e) any other information that (i) in the opinion of the oversight Minister, is necessary to identify the employee, or (ii) relates to the amount of severance pay, the severance period or rate of pay. 2026 c9 s10 Part 4 Governance and Operation of the Health Care System Agreements to carry out responsibilities 5.1 (1) Subject to the regulations, if a provincial health agency or regional health authority enters into an agreement with a person for the purposes of carrying out its responsibilities under section 1.95 or 5, respectively, the agreement must (a) be in writing, (b) conform with any accountability framework established under section 8.1 that applies to the provincial health agency or regional health authority, as amended from time to time, and (c) subject to subsection (2), conform with any directives that must be followed by (i) the provincial health agency or regional health authority, and (ii) any subsidiary health corporation or health services delivery organization that is a party to the agreement. (2) A provincial health agency or regional health authority that enters into an agreement referred to in subsection (1) is not absolved from carrying out its responsibilities under this Act in respect of the subject matter of the agreement. (3) The sector Minister may direct a provincial health agency or regional health authority to terminate an agreement if the sector Minister is of the opinion that it fails to meet any of the requirements set out in subsection (1). (4) Subsection (1)(c) applies only in respect of agreements entered into by a provincial health agency or regional health authority on or after the coming into force of this section. 2020 c27 s11;2024 c10 s40(11) Powers of provincial health agency or regional health authority 6 (1) Subject to this Act and the regulations, a provincial health agency or regional health authority has the rights, powers and privileges of a natural person. (2) A provincial health agency or regional health authority may delegate, unless the power to delegate is limited in the regulations, any powers, duties, responsibilities or functions conferred or imposed on it under this or any other Act to (a) a committee of the members of the provincial health agency or regional health authority, (b) any of the employees, officers or agents of the provincial health agency or regional health authority, or (c) a community health council of the provincial health agency or regional health authority. RSA 2000 cR-10 s6;2024 c10 s40(12) Alignment with strategic direction 6.1 A provincial health agency or regional health authority shall exercise its powers and carry out its duties, responsibilities and functions under this Act in accordance with the following: (a) the oversight Minister’s strategic direction for the health care system, including anything done by the oversight Minister for the purposes of carrying out the oversight Minister’s responsibility for the strategic direction of the health care system; (b) the sector Minister’s strategic direction for the health services sector, including anything done by the sector Minister for the purposes of carrying out the sector Minister’s responsibility for the strategic direction of the health services sector; (c) any orders or directions that have been continued by an order made under section 5.03; (d) any directives issued by the oversight Minister or sector Minister under section 8; (e) any applicable accountability framework established under section 8.1; (f) the approved health plan of the provincial health agency or regional health authority; (g) the approved operational plan of the provincial health agency; (h) any approved additional plans of the provincial health agency or regional health authority. 2024 c10 s40(12) Crown agent 6.2 (1) A provincial health agency or regional health authority is for all purposes an agent of the Crown in right of Alberta. (2) An action or other legal proceeding in respect of a right or obligation acquired or incurred by a provincial health agency or regional health authority on behalf of the Crown in right of Alberta, whether in the name of the provincial health agency or regional health authority or in the name of the Crown in right of Alberta, may be brought by or taken against the provincial health agency or regional health authority in the name of the provincial health agency or regional health authority. 2024 c10 s40(12) Bylaws 7 (1) A provincial health agency or regional health authority shall make bylaws governing conflict of interest in respect of members, agents, officers and employees of the provincial health agency or regional health authority. (2) Bylaws under subsection (1) have no effect until they are approved in writing by the sector Minister. RSA 2000 cR‑10 s7;2024 c10 s40(13) Directives 8 (1) The oversight Minister or a sector Minister may issue directives that must be followed by (a) a provincial health agency or its members, (a.1) a hospital operator and its board or members, (b) a regional health authority or its members, (c) a subsidiary health corporation other than a provincial health corporation subsidiary or its board, or (d) a health services delivery organization or its board in exercising the powers or carrying out the duties, responsibilities or functions under this Act and the regulations. (2) The responsible Minister may issue directives that must be followed by (a) a provincial health corporation, including a provincial health corporation that is a hospital operator, specified in the regulations or its members, or (b) a provincial health corporation subsidiary specified in the regulations or its members in exercising the powers or carrying out the duties, responsibilities or functions under this Act and the regulations. RSA 2000 cR-10 s8;2024 c10 s40(14);2024 c16 s18(15);2025 c10 s45(23) Accountability framework 8.1 A sector Minister, by order, may (a) establish an accountability framework in respect of one or more provincial health agencies or regional health authorities for which the sector Minister is responsible, and (b) establish reporting requirements in respect of the accountability framework that apply to one or more of the provincial health agencies or regional health authorities referred to in clause (a). 2020 c27 s11;2024 c10 s40(15) Plans 9 (1) In this section and sections 9.01 to 9.04, “plan” means a health plan, an operational plan and an additional plan. (2) A provincial health agency shall prepare the following plans: (a) a health plan; (b) an operational plan; (c) any additional plans required by the sector Minister. (3) A regional health authority shall prepare the following plans: (a) a health plan; (b) any additional plans required by the sector Minister. (4) A plan referred to in subsection (2) or (3) must be submitted to the sector Minister within the time specified by the sector Minister. (5) The sector Minister may extend the time for submitting a plan on the request of a provincial health agency or regional health authority. (6) A plan must be in the form required by the sector Minister. RSA 2000 cR-10 s9;2024 c10 s40(16) Health plans 9.01 (1) Where a provincial health agency is established, the provincial health agency shall prepare and submit a separate health plan with respect to each health services sector for which the provincial health agency was established. (2) Where a health region is established, a regional health authority shall prepare and submit a health plan for the health region. (3) In preparing a health plan, a provincial health agency or regional health authority shall consult with the oversight Minister, sector Ministers, provincial health agencies, regional health authorities and any other persons or bodies that the provincial health agency or regional health authority considers necessary to ensure that the health plan is coordinated with the health plans of other provincial health agencies and regional health authorities. (4) A health plan submitted by a provincial health agency with respect to a health services sector must contain the following: (a) a statement as to how the provincial health agency proposes to (i) carry out its responsibilities under section 1.95 with respect to the health services sector, and (ii) measure its performance in carrying out those responsibilities; (b) where the provincial health agency intends to establish one or more community health councils, (i) provisions for the establishment of the community health councils, and (ii) provisions setting out the role of each community health council and its relationship to the provincial health agency, including a statement as to whether the community health council is to do one or both of the following: (A) act in an advisory capacity to the provincial health agency with respect to the delivery of health services in the health services sector; (B) enter into agreements with the provincial health agency; (c) information respecting the health services to be delivered in the health services sector and the anticipated cost of delivering those health services; (d) any other information required by the regulations or by the sector Minister in a notice in writing to the provincial health agency. (5) A health plan submitted by a regional health authority must contain the following: (a) a statement as to how the regional health authority proposes to (i) carry out its responsibilities under section 5, and (ii) measure its performance in carrying out those responsibilities; (b) provisions for the establishment of one or more community health councils; (c) provisions setting out the role of each community health council and its relationship to the regional health authority, including a statement as to whether the community health council is to do one or both of the following: (i) act in an advisory capacity to the regional health authority with respect to the delivery of health services in the health region or a part of it; (ii) enter into agreements with the regional health authority; (d) information respecting the health services to be delivered and the anticipated cost of delivering those health services; (e) any other information required by the regulations or by the sector Minister in a notice in writing to the regional health authority. RSA 2000 cR-10 s9;2024 c10 s40(16) Operational plans 9.02 (1) After the sector Minister approves the health plan submitted by a provincial health agency with respect to a health services sector, the provincial health agency shall prepare and submit an operational plan for the health services sector. (2) The operational plan must contain the information required by the sector Minister. 2024 c10 s40(16) Additional plans 9.03 An additional plan must contain the information required by the sector Minister. 2024 c10 s40(16) Submission, approval and amendment of plans 9.04 (1) When a plan is submitted to a sector Minister, the sector Minister may (a) approve the plan as submitted, if the sector Minister is satisfied that the plan (i) meets the requirements relating to content and form set out in this Act or established by the sector Minister, and (ii) is consistent with (A) the oversight Minister’s strategic direction for the health care system, including anything done by the oversight Minister for the purposes of carrying out the oversight Minister’s responsibility for the strategic direction of the health care system, (B) the sector Minister’s strategic direction for the health services sector, including anything done by the sector Minister for the purposes of carrying out the sector Minister’s responsibility for the strategic direction of the health services sector, and (C) the approved health plan submitted by the provincial health agency with respect to the health services sector, if the plan submitted is an operational plan, (b) amend the plan and approve it as amended, or (c) refer the plan back to the provincial health agency or regional health authority with directions to take any further action the sector Minister considers appropriate. (2) A plan that is referred back to a provincial health agency or regional health authority under subsection (1)(c) must be resubmitted as directed by the sector Minister. (3) Subsection (1) applies to a plan that is resubmitted to the sector Minister. (4) A provincial health agency or regional health authority (a) may of its own motion submit to the sector Minister a proposal to amend an approved plan, (b) shall, on the written request of the sector Minister, submit to the sector Minister a proposal to amend an approved plan in respect of matters specified by the sector Minister, and (c) shall annually, in accordance with the regulations, submit to the sector Minister a proposal to amend an approved plan. (5) Subsections (1) and (2) apply to a proposal submitted to the sector Minister under subsection (4). RSA 2000 cR-10 s9;2024 c10 s40(16) Annual budget 9.1 (1) A provincial health agency or regional health authority shall, as directed under subsection (2), submit its annual budget to the sector Minister for approval. (2) The sector Minister may give directions respecting the form and content of the budget, the time by which the budget must be submitted and any other information that must be submitted. 2014 c8 s7;2024 c10 s40(17) Community health councils 10 (1) A provincial health agency or regional health authority may establish a community health council if the sector Minister has approved a health plan that addresses the matters referred to in section 9.01(4)(b) or (5)(b) and (c). (2) A community health council must be established in accordance with the approved health plan of the provincial health agency or regional health authority and the regulations. (3) A community health council may be established as a corporation. (4) The members of a community health council must be appointed or elected in accordance with the regulations. (5) A sector Minister may direct a provincial health agency or regional health authority to disestablish one or more community health councils. (6) Subject to the regulations, where a community health council is disestablished, the instrument disestablishing the community health council must contain any provisions necessary to protect the interests of creditors and to otherwise provide for the winding up of the affairs of the community health council. RSA 2000 cR‑10 s10;2014 c8 s7;2024 c10 s40(18) Dismissal of members and appointment of official administrator 11 (1) A sector Minister, by order, may dismiss all of the members of a provincial health agency, regional health authority or community health council and appoint an official administrator if the sector Minister considers that (a) the provincial health agency, regional health authority or community health council is not properly exercising its powers or carrying out its duties, responsibilities or functions under this Act, or (b) dismissal of the members is in the public interest. (1.1) The responsible Minister, by order, may dismiss all of the members of a provincial health corporation and appoint an official administrator if the responsible Minister considers that (a) the provincial health corporation is not properly exercising its powers or carrying out its duties, responsibilities or functions under this Act, or (b) dismissal of the members is in the public interest. (2) An official administrator appointed under this section (a) has all the power and authority of the provincial health agency, regional health authority, provincial health corporation or community health council, (b) shall exercise the powers and perform the duties, responsibilities and functions of the provincial health agency, regional health authority, provincial health corporation or community health council, and (c) shall be paid the salary and expenses (i) determined by the sector Minister as an operating expense of the provincial health agency, regional health authority or community health council, or (ii) determined by the responsible Minister as an operating expense of the provincial health corporation. (3) Where, in the opinion of the sector Minister, an official administrator is no longer required with respect to a provincial health agency, regional health authority or community health council, the sector Minister may order the appointment of new members of the provincial health agency, regional health authority or community health council in accordance with the regulations. (4) Where, in the opinion of the responsible Minister, an official administrator is no longer required with respect to a provincial health corporation, the responsible Minister may order the appointment of new members of the provincial health corporation in accordance with the regulations. RSA 2000 cR-10 s11;2024 c10 s40(19);2024 c16 s18(16); 2025 c10 s45(29) Cancer registry 11.1 (1) The cancer registry established under the Cancer Programs Act , RSA 2000 cC‑2, is continued in accordance with the regulations. (1.1) The oversight Minister, by order, shall designate a provincial health agency, provincial health corporation or other person or body as responsible for maintaining and overseeing the operation of the cancer registry in accordance with the regulations. (2) Sections 1.9769992 and 1.9769993 does not apply to information in the cancer registry. (3) If there is an inconsistency or conflict between (a) this section or a regulation made under this section, and (b) the Health Information Act, this section or the regulation, as the case may be, prevails. (4) If a physician or a person responsible for a laboratory is required to provide information under this section, no action or other proceeding for damages lies against the physician or person responsible for a laboratory for providing the information. (5) The Lieutenant Governor in Council may make regulations (a) respecting the maintenance and operation of the cancer registry, including the purpose of the registry; (b) respecting the information that may be included in the registry; (c) prescribing a list of cancers or adopting, in whole or in part, a published list of cancers as reportable cancers; (d) respecting the information that is required to be provided to the designated provincial health agency, provincial health corporation or other person or body for the purpose of the registry; (e) respecting who is required to provide information for the purpose of the registry; (f) respecting the use and disclosure of information in the registry; (g) providing with respect to any provision of the regulations that its contravention constitutes an offence and prescribing penalties, including imprisonment, in respect of any such offence. 2008 cH‑4.3 s7;2024 c16 s18(17);2025 c10 s45(30) 11.2 Repealed 2025 c10 s45(31).

Meetings 12 (1) Subject to subsection (5), a meeting of a provincial health agency, regional health authority or community health council must be open to the public unless the provincial health agency, regional health authority or community health council, based on the considerations set out in subsection (2), determines that holding the meeting or part of it in public could result in the release of (a) information that might impair the ability of the provincial health agency, regional health authority or community health council to carry out its responsibilities, or (b) information relating to the personal interests, reputation or privacy of any person. (2) In determining whether to hold a meeting or part of a meeting in private, a provincial health agency, regional health authority or community health council shall take the following considerations into account: (a) whether holding the meeting or part of the meeting in public would result in the release of information that would prejudice measures protecting health, safety, security or the maintenance of the law; (b) whether holding the meeting or part of the meeting in private is justified in order to permit the provincial health agency, regional health authority or community health council to carry out its responsibilities in an effective and efficient manner; (c) any other relevant considerations. (3) If a provincial health agency, regional health authority or community health council decides to hold a meeting or part of a meeting in private, the provincial health agency, regional health authority or community health council shall ensure that the minutes of the meeting indicate (a) the nature of the subject‑matter to be discussed in private, and (b) the reasons why the provincial health agency, regional health authority or community health council considers it necessary to hold the meeting or part of the meeting in private. (4) Where a meeting or part of a meeting is held in private, no resolution related to the subject‑matter that was discussed in private may be passed unless the meeting reverts to being held in public. (5) This section does not apply to a provincial health agency consisting of one member. RSA 2000 cR-10 s12;2024 c10 s40(21);2024 c16 s18(18) Publication of decisions — one‑member provincial health agencies 12.1 (1) Subject to subsection (2), a provincial health agency consisting of one member shall publish or make publicly available any decision made by the member for the purposes of overseeing the business and affairs of the provincial health agency within 72 hours after the decision is made. (2) A provincial health agency shall not publish or make a decision publicly available under subsection (1) if, based on the considerations set out in subsection (3), the provincial health agency determines that doing so could result in the release of (a) information that might impair the ability of the provincial health agency to carry out its responsibilities, or (b) information relating to the personal interests, reputation or privacy of any person. (3) In determining whether to publish or make a decision publicly available under subsection (1), a provincial health agency shall take the following considerations into account: (a) whether publishing or making the decision publicly available would result in the release of information that would prejudice measures protecting health, safety, security or the maintenance of the law; (b) whether publishing or making the decision publicly available is justified in order to permit the provincial health agency to carry out its responsibilities in an effective and efficient manner; (c) any other relevant considerations. 2024 c16 s18(19) Audit 13 (1) This section, insofar as it applies to community health councils, only applies to community health councils that are corporations. (2) A provincial health agency, a regional health authority, a provincial health corporation, a subsidiary health corporation and a community health council must have an auditor. (3) Unless the sector Minister appoints the Auditor General as the auditor for a provincial health agency, a regional health authority, a subsidiary health corporation other than a provincial health corporation subsidiary or a community health council, a provincial health agency, a regional health authority, a subsidiary health corporation other than a provincial health corporation subsidiary and a community health council must appoint its auditor. (3.1) Unless the responsible Minister appoints the Auditor General as the auditor for a provincial health corporation or a provincial health corporation subsidiary, a provincial health corporation and a provincial health corporation subsidiary must appoint its auditor. (4) The auditor of a provincial health agency, a regional health authority, a subsidiary health corporation other than a provincial health corporation subsidiary or a community health council shall provide to the sector Minister copies of any audit reports and the auditor’s observations and recommendations to management relating to the auditor’s audit activity. (5) The auditor of a provincial health corporation or a provincial health corporation subsidiary shall provide to the responsible Minister copies of any audit reports and the auditor’s observations and recommendations to management relating to the auditor’s audit activity. RSA 2000 cR-10 s13;2024 c10 s40(22);2024 c16 s18(20) Reports and returns 14 (1) A provincial health agency, a regional health authority, a health services delivery organization, a subsidiary health corporation other than a provincial health corporation subsidiary and a community health council shall on the written request of the sector Minister provide to the sector Minister records, reports and returns as specified by the sector Minister in the request. (1.1) A provincial health corporation and a provincial health corporation subsidiary shall on the written request of the responsible Minister provide to the responsible Minister records, reports and returns as specified in the request. (2) Within the time prescribed by the regulations, (a) a provincial health agency or regional health authority must provide to the sector Minister an annual report on its activities for the previous fiscal year, and (b) a provincial health corporation must provide to the responsible Minister an annual report on its activities for the previous fiscal year. (2.1) An annual report must (a) be in a form acceptable to the sector Minister or responsible Minister, (b) contain the audited information referred to in subsection (2.2) respecting (i) the provincial health agency or regional health authority and its subsidiary health corporations, or (ii) the provincial health corporation and its provincial health corporation subsidiaries, and (c) contain any other information required by the regulations. (2.2) For the purposes of subsection (2.1)(b), the audited information includes (a) financial statements, (b) information on the remuneration and benefits paid to members, officers and employees as specified in the regulations, and (c) other performance information as specified in the regulations. (3) Repealed 2024 c10 s40(23). RSA 2000 cR-10 s14;2024 c10 s40(23);2024 c16 s18(21) Agreements with other governments 15 (1) Subject to subsection (3), a sector Minister, provincial health agency or regional health authority may enter into an agreement with the government of another jurisdiction for the purposes of this Act. (2) An agreement under subsection (1) may provide that it is to operate notwithstanding this Act, the regulations or any other enactment. (3) A provincial health agency or regional health authority shall not enter into an agreement under subsection (1) without the prior approval of the sector Minister. RSA 2000 cR-10 s15;2024 c10 s40(24) Minister ’ s powers 16 (1) The oversight Minister may, if the oversight Minister considers that it is in the public interest to do so, (a) deliver or arrange for the delivery of health services in any area of Alberta, whether or not health services are also being delivered in that area by another person or body, and (b) do any other thing that the oversight Minister considers necessary to promote and ensure the delivery of health services in Alberta. (2) A sector Minister may, if the sector Minister considers that it is in the public interest to do so, (a) deliver or arrange for the delivery of health services in the health services sector for which the sector Minister is responsible in any area of Alberta, whether or not health services in that health services sector are also being delivered in that area by another person or body, and (b) do any other thing that the sector Minister considers necessary to promote and ensure the delivery of health services in the health services sector in Alberta. RSA 2000 cR-10 s16;2024 c10 s40(25) Failure to comply 16.1 (1) Where a sector Minister is of the opinion that a provincial health agency or regional health authority, or one or more members of a provincial health agency or regional health authority, has failed to comply with a directive or an applicable accountability framework, the sector Minister may (a) direct the provincial health agency or regional health authority to terminate an agreement referred to in section 1.9765(2) or 5.1, (b) dismiss one or more members of the provincial health agency or regional health authority, or (c) dismiss all of the members of the provincial health agency or regional health authority and appoint an official administrator. (2) In addition to taking any action under subsection (1), a sector Minister may transfer any of the powers, duties, responsibilities or functions of a provincial health agency to the sector Minister or another provincial health agency if the sector Minister is of the opinion that the provincial health agency has failed to (a) adequately exercise its powers or carry out its duties, responsibilities or functions, or (b) exercise its powers or carry out its duties, responsibilities or functions in accordance with section 6.1. (2.1) Where the responsible Minister is of the opinion that a provincial health corporation, or one or more members of a provincial health corporation, has failed to comply with a directive, the responsible Minister may (a) direct the provincial health corporation to terminate any agreement entered into by the provincial health corporation, (b) dismiss one or more members of the provincial health corporation, or (c) dismiss all of the members of the provincial health corporation and appoint an official administrator. (2.2) In addition to taking any action under subsection (2.1), the responsible Minister may transfer any of the powers, duties, responsibilities or functions of a provincial health corporation to the responsible Minister or another person or body, including another provincial health corporation, if the responsible Minister is of the opinion that the provincial health corporation has failed to adequately exercise its powers or carry out its duties, responsibilities or functions. (2.3) Where the sector Minister is of the opinion that a hospital operator other than a provincial health agency or provincial health corporation has failed to comply with a directive, the sector Minister may direct the hospital operator to terminate the agreement referred to in section 1.9765(1). (3) Where a sector Minister is of the opinion that a health services delivery organization has failed to comply with a directive or to adequately exercise its powers or carry out its duties, responsibilities or functions, the sector Minister may, (a) if the health services delivery organization entered into an agreement referred to in section 1.97(1)(a) with a provincial health agency, direct the provincial health agency to terminate the agreement, or (b) if the health services delivery organization entered into an agreement referred to in section 1.97(1)(a) with the sector Minister, terminate the agreement. (4) Where an official administrator is appointed under this section by (a) a sector Minister, section 11(2) and (3) apply, and (b) a responsible Minister, section 11(2) and (4) apply. 2024 c10 s40(25);2024 c16 s18(22);2025 c10 s45(36) 17 Repealed 2024 c16 s18(23). 18 Repealed 2025 c10 s45(37). Grants and other payments 19 (1) The sector Minister may, in the amounts, in the manner and subject to the terms and conditions the sector Minister considers appropriate, provide grants or other payments to a provincial health agency or regional health authority to assist it in carrying out its duties, responsibilities and functions. (2) The responsible Minister may, in the amounts, in the manner and subject to the terms and conditions the responsible Minister considers appropriate, provide grants or other payments to a provincial health corporation to assist it in carrying out its duties, responsibilities and functions. RSA 2000 cR-10 s19;2024 c10 s40(27);2024 c16 s18(24) Funding 20 Notwithstanding any other enactment, where an enactment provides that the sector Minister shall or may provide grants or payments of any kind to any person including, without limitation, a hospital operator, the sector Minister may instead provide those grants or payments to a provincial health agency or regional health authority and, subject to any terms and conditions the sector Minister considers appropriate, delegate to the provincial health agency or regional health authority the sector Minister’s power in respect of the provision of the grants or payments. RSA 2000 cR-10 s20;2024 c10 s40(28);2025 c10 s45(39) Inspection powers 21 (1) For the purposes of ensuring that this Act and the regulations are complied with, a sector Minister or a person authorized by the sector Minister for the purpose may (a) enter and inspect any place under the jurisdiction of a provincial health agency, hospital operator, regional health authority, community health council or subsidiary health corporation other than a provincial health corporation subsidiary in the health services sector for which the sector Minister is responsible, and (b) require the production for examination of any documents or records in the possession of the provincial health agency, hospital operator, regional health authority, community health council or subsidiary health corporation, and make copies of them or temporarily remove them for the purpose of making copies. (c) repealed 2025 c10 s45(40). (1.1) For the purposes of ensuring that this Act and the regulations are complied with, the responsible Minister or a person authorized by the responsible Minister for the purpose may (a) enter and inspect any place under the jurisdiction of a provincial health corporation of the responsible Minister or any of its provincial health corporation subsidiaries, and (b) require the production for examination of any documents or records in the possession of the provincial health corporation or provincial health corporation subsidiary, and make copies of them or temporarily remove them for the purpose of making copies. (2) A person who removes documents or other records under subsection (1) or (1.1) shall (a) give a receipt for the items to the person from whom the items were taken, (b) on request, provide a copy of the items removed to the person from whom they were taken or to a person who is entitled to custody of them, and (c) forthwith return the items to the person from whom they were taken when they have served the purposes for which they were taken. (3) If anyone prevents a person from exercising powers under subsection (1) or (1.1) or obstructs or hinders a person in the exercise of those powers, a judge of the Court of King’s Bench may on the application of that person make any order that the judge considers necessary to permit that person to exercise those powers. (4) An application under subsection (3) may be made without notice if the judge considers it proper in the circumstances. RSA 2000 cR‑10 s21;2001 c11 s2;AR 217/2022;2024 c10 s40(29); 2024 c16 s18(25);2025 c10 s45(40) Exclusion of liability 22 No action for damages may be commenced against a member of a provincial health agency, regional health authority or provincial health corporation, including an official administrator appointed under this Act, for anything done or not done by that person in good faith while exercising powers or carrying out duties, responsibilities or functions under this or any other enactment. RSA 2000 cR‑10 s22;2014 c8 s7;2024 c10 s40(30);2024 c16 s18(26) AMA representation rights 22.1 (1) In this section, (a) “employee” includes an independent contractor and a dependent contractor; (b) “group” means one or more physicians who are employees of Alberta Health Services and who are involved in a similar area of practice or specialty; (c) “physician” means a regulated member of the College of Physicians and Surgeons of Alberta under the Health Professions Act authorized to use the title “physician” and who holds a practice permit issued under that Act, or a professional corporation registered with the College of Physicians and Surgeons of Alberta. (2) If a majority of a group formally expresses to the Alberta Medical Association a wish to be represented by the Alberta Medical Association in the negotiation, renewal or extension of a particular contract governing the group’s service with Alberta Health Services and the Alberta Medical Association and Alberta Health Services agree that the group is suitable for that purpose, Alberta Health Services shall, subject to subsection (3), recognize the Alberta Medical Association as the exclusive representative of the group in the negotiation, renewal or extension of that contract. (3) For the purposes of subsection (2), Alberta Health Services is not required to recognize the Alberta Medical Association as the exclusive representative of the group for contracts or portions of contracts that pertain to (a) managerial services, (b) services provided by resident physicians or fellows when acting in that capacity, and (c) any other services or classes of services prescribed by the regulations. (4) If Alberta Health Services and the Alberta Medical Association are unable to agree on (a) whether services are managerial services for the purposes of subsection (3)(a), (b) whether a physician is a member of a suitable group, or (c) whether a group is suitable for the purpose under subsection (2), the dispute shall be arbitrated under the Arbitration Act . (5) Notwithstanding section 10 of the Arbitration Act , if the parties are unable to agree on the appointment of an arbitrator, either Alberta Health Services or the Alberta Medical Association may request the Director of Mediation Services under the Labour Relations Code to appoint an arbitrator, in which case the Director shall appoint the arbitrator. (6) If a physician is a member of a group that is represented by the Alberta Medical Association under subsection (2), but is a party to an existing individual contract with Alberta Health Services governing the physician’s service with Alberta Health Services, the physician may opt out of representation by the Alberta Medical Association during the term of the physician’s existing individual contract. (7) On the expiry of the physician’s existing individual contract referred to in subsection (6), the physician is bound by a contract negotiated between Alberta Health Services and the Alberta Medical Association with respect to a group referred to in subsection (6). (8) The oversight Minister may make regulations (a) respecting the process for formally expressing a physician’s wish to be represented by the Alberta Medical Association; (b) respecting criteria for determining whether a group is suitable; (c) respecting matters relating to the conduct of an arbitration under this section, including the participation of other affected or interested parties; (d) respecting the sharing of information between Alberta Health Services and the Alberta Medical Association for the purposes of this section; (e) prescribing other services or classes of services for the purpose of subsection (3)(c). 2018 c22 s2;2024 c10 s40(31) Lieutenant Governor in Council regulations 23 (1) The Lieutenant Governor in Council may make regulations (a) respecting the powers, duties, responsibilities, functions and jurisdiction of provincial health agencies, regional health authorities and community health councils; (b) respecting the composition of provincial health agencies and regional health authorities; (c) respecting the establishment of community health councils; (d) respecting the appointment and nomination of members of provincial health agencies, regional health authorities and community health councils, eligibility for membership, the terms of office of members, the termination of members, the filling of vacancies and the appointment of officers; (e) repealed 2025 c10 s45(42); (f) respecting conflicts of interest of members of community health councils; (g) respecting the bylaws of provincial health agencies, regional health authorities and community health councils, including regulations (i) authorizing or requiring provincial health agencies, regional health authorities and community health councils to make bylaws relating to their general conduct, operation, management and financial matters, and (ii) respecting the approval of bylaws and authorizing sector Ministers to give directions with respect to bylaws; (g.1) respecting the publication of decisions made by provincial health agencies consisting of one member, including regulations respecting the publication of information and records relating to decisions and the redaction of personal or confidential information before the publication of decisions, information or records; (h) determining or providing for the manner of determining the fiscal year of provincial health agencies, regional health authorities, subsidiary health corporations other than provincial health corporation subsidiaries and community health councils; (i) respecting the appointment of the Auditor General as the auditor for provincial health agencies and regional health authorities; (j) respecting the financial matters of provincial health agencies and regional health authorities, including regulations respecting (i) the borrowing and investment powers of provincial health agencies and regional health authorities and matters relating to borrowing and investment by provincial health agencies and regional health authorities, (ii) indemnities and guarantees, including regulations authorizing the giving of indemnities and guarantees by provincial health agencies and regional health authorities, respecting the persons to whom indemnities and guarantees may be given and respecting any terms and conditions applicable to indemnities and guarantees, (iii) the acquisition, leasing and disposal of land, buildings, assets and equipment by provincial health agencies and regional health authorities, (iv) requirements relating to agreements and projects entered into by provincial health agencies and regional health authorities, (v) the transfer of property by provincial health agencies and regional health authorities, (vi) the sale of goods and services by provincial health agencies and regional health authorities that are unrelated to the direct delivery of health services, (vii) surpluses and deficits of provincial health agencies and regional health authorities, and (viii) money donated to provincial health agencies and regional health authorities; (k) respecting the borrowing and investment powers of community health councils; (l) respecting the budgets of community health councils, including regulations (i) requiring community health councils to submit budgets to sector Ministers, (ii) specifying the information that budgets must contain, and (iii) respecting the time within which and the form and manner in which budgets must be submitted; (m) respecting the powers, duties, responsibilities and functions of health services delivery organizations, including regulations respecting other things that health services delivery organizations are required to do for the purposes of section 1.97(2)(e); (m.1) respecting reports, records and returns that health services delivery organizations are required to provide under section 14(1), including regulations specifying the information they must contain and respecting the time at which and the form and manner in which they must be provided; (n) respecting the designation of health services delivery organizations, including regulations respecting requirements that must be met for the purposes of section 1.97(1)(c) and factors that may be considered for the purposes of section 1.97(1)(d); (n.1) respecting the termination of designations of health services delivery organizations; (o) authorizing sector Ministers, provincial health agencies, regional health authorities and community health councils to make payments directly to individuals to enable individuals to acquire health services or health related services, and respecting terms and conditions under which those payments may be made and to which they are subject; (p) authorizing sector Ministers to suspend, adjust or recover all or part of grants or other payments paid under section 19(1) where (i) recipients contravene this Act, the regulations or any other enactment under which the recipients exercise powers or carry out duties, fail to comply with a directive or contravene a term or condition to which grants or other payments are subject, or (ii) grants or other payments are paid in error or there are overpayments of the amount of grants or other payments, and respecting the manner in which those payments may be suspended and adjusted and those payments and overpayments may be recovered; (q) respecting the exemption of provincial health agencies and regional health authorities from paying taxes or fees under any other enactment, notwithstanding that other enactment; (r) respecting confidentiality requirements with respect to information obtained in the administration of this Act and the regulations or in delivering health services or health related services under this Act; (s) respecting health foundations, including regulations (i) respecting the establishment of health foundations as corporations to benefit facilities, provincial health agencies, regional health authorities, community health councils, communities or health programs, (i.1) respecting the continuation of foundations referred to in section 1.951(2) and providing for any transitional matters related to the continuation of such foundations as health foundations, (ii) respecting the management, functions, powers and duties of health foundations, (iii) respecting the manner in which and the purposes for which health foundations may be established, including the purposes for which the Alberta Cancer Foundation is established, (iv) respecting the bylaws required to establish health foundations and the bylaws of health foundations, including regulations respecting the approval of bylaws and authorizing the oversight Minister or the chair of a provincial health corporation responsible for health foundations to give directions with respect to bylaws, (v) respecting the governing bodies of health foundations and the members of governing bodies, including regulations respecting the appointment, election and nomination of members, eligibility for membership, types of members, the terms of office of members, the termination of members and the remuneration and expenses payable to members, (v.1) authorizing the chair of a provincial health corporation responsible for health foundations to delegate any power given to the chair by the regulations made under this clause, (v.2) respecting the fiscal year and annual reports of health foundations, (vi) respecting the transfer of property by health foundations, (vii) requiring health foundations to provide records, reports and returns to the oversight Minister or the chair of a provincial health corporation responsible for health foundations, specifying the information the records, reports and returns must contain, and respecting the time at which and the form and manner in which they must be provided, (vii.1) requiring health foundations to consult with the oversight Minister, specifying the subject‑matter of the consultations, and respecting the time at which and the manner in which the consultations must take place, and (viii) respecting the winding up of the affairs of health foundations, including regulations authorizing the oversight Minister or the chair of a provincial health corporation responsible for health foundations to wind up or provide for the winding up of the affairs of health foundations; (t) repealed 2025 c10 s45(42); (u) respecting drugs that provincial health agencies and regional health authorities may provide for the treatment of cancer; (v) providing with respect to any provision of the regulations that its contravention constitutes an offence; (w) prescribing penalties in respect of offences created under clause (v). (2) to (4) Repealed 2025 c10 s45(42). RSA 2000 cR‑10 s23;RSA 2000 cH‑5 s124;2001 c11 s3; 2008 cH‑4.3 s7;2014 c8 s7;2020 c27 s11;2024 c10 s40(32); 2024 c16 s18(27);2025 c10 s45(42);2026 c9 s10 Ministerial regulations 24 (1) The oversight Minister may make regulations (a) respecting committees established by sector Ministers under section 1.3(d); (b) respecting the health services or health related services to be delivered in health services sectors and health regions; (c) respecting the remuneration and expenses payable to members of regional health authorities and community health councils; (d) respecting other things that provincial health agencies are required to do for the purposes of section 1.95(2)(n); (e) respecting agreements entered into by provincial health agencies and regional health authorities for the purposes of carrying out responsibilities under sections 1.95 and 5, including regulations (i) respecting the persons with whom provincial health agencies and regional health authorities enter into agreements, (ii) providing that section 5.1 does not apply until a particular date in respect of agreements or classes of agreements, and (iii) establishing classes of agreements for the purposes of subclause (ii); (f) respecting limitations on the powers of provincial health agencies and regional health authorities to delegate powers, duties, responsibilities and functions under section 6(2); (g) respecting other information to be included in health plans for the purposes of section 9.01(4)(d) and (5)(e); (h) respecting the submission of proposals to amend approved health plans, approved operational plans and approved additional plans; (i) respecting agreements between provincial health agencies or regional health authorities and community health councils; (j) respecting the standards and guidelines to be observed by provincial health agencies, regional health authorities and community health councils in the delivery of health services or health related services, the undertaking of capital construction projects and the operation of facilities; (k) respecting processes established by provincial health agencies and regional health authorities under section 1.976 to resolve complaints by, on behalf of or in the interests of patients, including regulations authorizing the delegation to employees of powers, duties, responsibilities and functions established in the regulations; (l) respecting meetings of provincial health agencies, regional health authorities and community health councils, including regulations (i) respecting the frequency of meetings, and (ii) respecting the publication of information and records relating to meetings and the redaction of personal or confidential information before publication; (m) respecting the qualifications of and eligibility requirements for persons who may be appointed as auditor of provincial health agencies, regional health authorities, subsidiary health corporations, other than provincial health corporation subsidiaries, and community health councils under section 13(3); (m.1) requiring provincial health agencies to provide records, reports and returns to sector Ministers, including regulations (i) respecting the information the records, reports and returns must contain, (ii) respecting the time at which and the form and manner in which they must be provided, and (iii) authorizing sector Ministers to specify the information referred to in subclause (i) or the matters referred to in subclause (ii); (n) requiring hospital operators, community health councils and committees established under section 1.3(d) to provide records, reports and returns to provincial health agencies and regional health authorities, specifying the information the records, reports and returns must contain and respecting the time at which and the form and manner in which they must be provided; (o) respecting the disclosure of the remuneration and benefits paid to the members and employees of provincial health agencies and regional health authorities; (p) respecting requirements relating to the preparation of the financial records of provincial health agencies and regional health authorities; (q) respecting annual reports of provincial health agencies and regional health authorities required under section 14(2)(a), including regulations (i) specifying the information the annual reports must contain for the purposes of section 14(2.1) and (2.2); (ii) respecting the time within which and the form and manner in which annual reports must be submitted; (r) requiring provincial health agencies, regional health authorities and community health councils to keep records and respecting the form and manner in which the records must be kept and the information they must contain; (s) respecting the sharing of information between provincial health agencies, regional health authorities, provincial health corporations, community health councils, health services delivery organizations and other health services providers; (t) respecting the types of electronic systems that must be used by provincial health agencies and regional health authorities for data transmission and storage and the standards that those systems must meet; (u) authorizing provincial health agencies, regional health authorities and community health councils to charge fees for goods and services they deliver and respecting the amounts of the fees that may be charged for those goods and services; (v) respecting the winding up of the affairs of provincial health agencies and community health councils, including regulations authorizing the oversight Minister or sector Ministers to wind up or provide for the winding up of the affairs of provincial health agencies and community health councils; (w) prescribing forms for the purposes of this Act; (x) defining terms that are used but not defined in this Act for the purposes of this Act and the regulations. (2) The oversight Minister shall consult with each sector Minister before making a regulation under subsection (1). RSA 2000 cR‑10 s24;2003 c30 s16;2020 c27 s11;2024 c10 s40(33); 2024 c16 s18(28);2025 c10 s45(43) Consequential changes to regulations 24.01 (1) For the purposes of making any necessary changes as a result of this Act, the Lieutenant Governor in Council may, by regulation, amend any regulation filed under the Regulations Act . (2) The regulations authorized by this section may be made notwithstanding that a regulation being amended was made by a member of the Executive Council or some other person or body. 2024 c10 s40(34) Deficiency regulations 24.02 (1) The Lieutenant Governor in Council may make regulations (a) respecting matters coming under this Act that the Lieutenant Governor in Council considers (i) are not provided for or are insufficiently provided for in this Act, or (ii) are necessary or advisable in connection with the implementation of this Act; (b) remedying any confusion, difficulty or impossibility in applying any provision of this Act. (2) A regulation made under subsection (1) is repealed 5 years after the regulation comes into force or on the date specified in the regulation, whichever is earlier. (3) The repeal of a regulation under subsection (2) does not affect anything done, incurred or acquired under the authority of the regulation before the repeal of the regulation. (4) A regulation made under subsection (1) that is in force on or after the repeal of this section remains in force until it is repealed in accordance with subsection (2). (5) A regulation may not be made under subsection (1) extending the 5-year period set out in subsection (2). (6) This section is repealed 5 years after this section comes into force, but the repeal does not affect anything done, incurred or acquired under the authority of a regulation made under subsection (1) before the repeal of this section. 2024 c10 s40(34) 24.1 Repealed 2024 c10 s40(35). Application of regulations 25 (1) A regulation under section 23 or 24 in respect of a provincial health agency, regional health authority or community health council may be made to apply to provincial health agencies, regional health authorities or community health councils, or classes of them, generally, or to a particular provincial health agency, regional health authority or community health council. (2) A regulation under section 1.975 in respect of a provincial health corporation may be made to apply to provincial health corporations, or classes of them, generally, or to a particular provincial health corporation. RSA 2000 cR-10 s25;2024 c10 s40(36);2024 c16 s18(29) Non-application of PSER Act 26 The Public Service Employee Relations Act does not apply to a provincial health agency or regional health authority. RSA 2000 cR-10 s26;2024 c10 s40(37)