Health Shared Services Saskatchewan (3sHealth) Act, SS 2022, c 9
This Act creates Health Shared Services Saskatchewan, sets its governance and ministerial oversight, and requires plans, reporting, bylaws, and some approvals.
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Health Shared Services Saskatchewan (3sHealth) Act, SS 2022, c 9
AI-assisted research summary: This Act creates Health Shared Services Saskatchewan, sets its governance and ministerial oversight, and requires plans, reporting, bylaws, and some approvals.
1 HEALTH SHARED SERVICES SASKATCHEWAN (3SHEALTH) c 9 The Health Shared Services Saskatchewan (3sHealth) Act being Chapter 9 of the Statutes of Saskatchewan, 2022 (effective April 1, 2023) NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 HEALTH SHARED SERVICES c 9 SASKATCHEWAN (3SHEALTH) Table of Contents PART 1 PART 5 Preliminary Matters General 1‑1 Short title 5‑1 Insurance 1‑2 Def initions 5‑2 Transfers to and from corporation PART 2 PART 6 Health Shared Services Saskatchewan Planning, Financial and Reporting 2‑1 Corporation continued 6‑1 Operational plans 2‑2 Status and composition of corporation 6‑2 Financial and service plan 2‑3 Effect of continuance 6‑3 Returns, reporting, monitoring and evaluation systems 2‑4 Purposes 6‑4 Audit 2‑5 Powers of corporation 6‑5 Annual report 2‑6 Limitations on powers 6‑6 Immunity 2‑7 Plans and plan trusts 2‑8 Responsible to minister PART 7 Governance PART 3 7‑1 General bylaws Board and Off icers 7‑2 Approval of bylaws 3‑1 Board established 7‑3 Public access to bylaws 3‑2 Off icers 3‑3 Disqualification of members PART 8 Regulations 3‑4 Remuneration and reimbursement 8‑1 Regulations PART 4 Employment Matters PART 9 Repeal, Consequential Amendments 4‑1 Definitions for Part and Coming into Force 4‑2 Chief executive officer and other employees 9‑1 SS 1959, c 117 repealed 4‑3 Termination of contract 9‑2 SS 1999, c H‑0.021, section 2 amended 4‑4 Deemed provisions in contracts 9‑3 SS 1990‑91, c L‑27.1, section 2 amended 4‑5 Crown Employment Contracts Act not to apply 9‑4 Coming into force 3 HEALTH SHARED SERVICES SASKATCHEWAN (3SHEALTH) c 9 CHAPTER 9 An Act respecting Health Shared Services Saskatchewan and making consequential amendments to other Acts PART 1 Preliminary Matters Short title 1-1 This Act may be cited as The Health Shared Services Saskatchewan (3sHealth) Act. Definitions 1-2 In this Act: “board” means the board of directors of Health Shared Services Saskatchewan; “chairperson” means the chairperson of the board; “corporation” means Health Shared Services Saskatchewan continued pursuant to subsection 2‑1(1); “Crown” means the Crown in right of Saskatchewan; “fiscal year” means the period commencing on April 1 in one year and ending on March 31 in the following year; “member” means a member of the board appointed pursuant to section 3‑1; “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; “plan” means any employee benefit, insurance and disability plan or pension plan established, operated, administered, supported or managed by the corporation in accordance with the provisions of subclauses 2‑4(2)(a)(i) and (ii) or deemed to be established, operated, administered, supported or managed by the corporation in accordance with this Act; “plan trust” means any trust related to the administration of a plan; “prescribed” means prescribed in the regulations. 2022, c 9, s 1‑2. 4 HEALTH SHARED SERVICES c 9 SASKATCHEWAN (3SHEALTH) PART 2 Health Shared Services Saskatchewan Corporation continued 2-1(1) Saskatchewan Health‑Care Association created pursuant to An Act to incorporate Saskatchewan Health-Care Association is continued as a corporation under the name of Health Shared Services Saskatchewan, effective on the day on which this Act comes into force. (2) 3sHealth is the abbreviated name of the corporation and the abbreviation when used has the same legal effect and meaning as the full name of the corporation. 2022, c 9, s 2‑1. Status and composition of corporation 2-2(1) The corporation is a not‑for‑profit corporation. (2) The corporation is a public agency within the meaning of The Financial Administration Act, 1993. (3) The corporation consists of the members appointed pursuant to section 3‑1. (4) The members constitute the board of the corporation. 2022, c 9, s 2‑2. Effect of continuance 2-3(1) On and after the continuance of the corporation: (a) subject to subsection (2), the corporation is deemed to have always owned, does own and will continue to own all property, whether real or personal, acquired, administered, possessed or received by the corporation before the continuance and not disposed of before the continuance and all of the property so owned is deemed, for all purposes, both at law and in equity, to have always been the property of the corporation; (b) the corporation is deemed for all purposes to have always been bound by and entitled to the benefits of all contracts entered into by it before the continuance and is, and continues to be, bound by and entitled to the benefits of those contracts; (c) the corporation is deemed for all purposes to have always incurred on its own behalf all obligations, expenditures, costs and liabilities of whatever nature incurred by it before the continuance, and is, and continues to be, responsible and liable for all those obligations, expenditures, costs and liabilities; (d) an existing cause of action, claim or liability to prosecution with respect to the corporation that arose before the continuance is not affected by the continuance; (e) a civil, criminal or administrative action or proceeding pending by or against the corporation that arose before the continuance may continue to be prosecuted by or against the corporation after the continuance; and 5 HEALTH SHARED SERVICES SASKATCHEWAN (3SHEALTH) c 9 (f) a conviction against, or ruling, order or judgment in favour of or against, the corporation that was given before the continuance may be enforced by or against the corporation after the continuance. (2) Any property acquired, administered, possessed or received by the corporation as trustee, agent or administrator for a plan or a plan trust remains the property of that plan or plan trust. 2022, c 9, s 2‑3. Purposes 2-4(1) The purposes of the corporation are to: (a) offer and provide shared and other services to the health sector and other prescribed sectors; (b) without limiting the generality of clause (a), create enhanced value to the health sector and improve the safety, service quality and cost effectiveness of the health sector; (c) promote improved standards in the health sector; (d) collaborate with the minister with a view to correlating the work and aims of the health sector; and (e) conduct and coordinate courses of instruction in health care administration. (2) To achieve its purposes, the corporation may do all or any of the following: (a) establish, operate, administer, support or manage: (i) employee benefit, insurance and disability plans and related trusts; (ii) employee pension plans and related trusts; (iii) financial, human resource, supply chain and workforce management systems and programs; (iv) procurement programs; (v) standards programs; (vi) promotional programs; (vii) training programs; (b) offer and provide any other services that are approved by the board; (c) undertake any other prescribed duties, activities or functions. 2022, c 9, s 2‑4. Powers of corporation 2-5(1) Subject to section 2‑6, in fulfilling its purposes, the corporation may do all or any of the following: (a) borrow any amounts of money that it considers necessary for its purposes and may secure those loans to the lender by mortgages, bills of exchange, promissory notes or hypothecation of its revenues or by any other instrument required by the lender; 6 HEALTH SHARED SERVICES c 9 SASKATCHEWAN (3SHEALTH) (b) purchase, lease or otherwise acquire real property; (c) sell, lease or otherwise dispose of real property when that real property is no longer required or when the corporation considers it desirable to do so; (d) purchase, lease or otherwise acquire personal property; (e) sell, lease or otherwise dispose of personal property when that personal property is no longer required or when the corporation considers it desirable to do so; (f) construct, renovate, alter, operate and manage any of its property; (g) raise other revenues in a prescribed manner. (2) The corporation may, in fulfilling its purposes: (a) accept grants, donations, gifts and bequests of real or personal property; (b) subject to subsection (4), manage, invest and expend all moneys and manage all property that belongs to it; (c) enter into contracts or agreements with any person related to the fulfilment of the corporation’s purposes; (d) act as a trustee of a plan trust; (e) appoint trustees of a plan trust; (f) provide or engage third parties to provide administrative, management, investment or other services to support a plan or a plan trust; and (g) subject to the regulations: (i) determine the fees, rates and other charges for any services provided by the corporation; (ii) administer contributions towards capital costs, loans, grants, advances and subsidies; (iii) enter into and participate in business structures, including partnerships and joint undertakings; (iv) carry on its activities inside or outside Saskatchewan; (v) subject to Part 4, employ or engage the services of any person; (vi) provide superannuation and other benefits for its employees; (vii) appoint persons or committees to provide advice to it; and (viii) exercise any other rights, powers or privileges that may be prescribed or are necessary, incidental or conducive to the exercise of the powers conferred on it pursuant to this Act. 7 HEALTH SHARED SERVICES SASKATCHEWAN (3SHEALTH) c 9 (3) A person employed or engaged by the corporation is not an officer, servant or agent of the Crown in right of Saskatchewan and The Public Service Act, 1998 does not apply to that person. (4) The corporation may invest moneys only in those investments in which trustees are permitted to invest pursuant to The Trustee Act, 2009. 2022, c 9, s 2‑5. Limitations on powers 2-6(1) Unless it obtains the approval of the minister, the corporation shall not: (a) purchase, lease or otherwise acquire for consideration an interest in real property if the total amount to be paid to acquire the interest exceeds a prescribed amount; (b) sell, lease or otherwise dispose of an interest in real property if the value of the interest exceeds a prescribed amount; (c) purchase, lease or otherwise acquire for consideration an interest in personal property if the total amount to be paid to acquire the interest exceeds a prescribed amount; (d) sell, lease or otherwise dispose of an interest in personal property if the value of the interest exceeds a prescribed amount; or (e) construct, renovate or alter a facility if the cost of the construction, renovation or alteration exceeds a prescribed amount. (2) Unless it obtains the approval of the minister, the corporation shall not borrow any money if the total indebtedness of the corporation exceeds a prescribed amount. (3) The minister shall not grant an approval pursuant to subsection (2) without obtaining the consent of the Minister of Finance. 2022, c 9, s 2‑6. Plans and plan trusts 2-7(1) All plans and plan trusts established, operated, administered, supported or managed by the corporation before the date on which this Act comes into force are respectively deemed to be plans and plan trusts established, operated, administered, supported or managed by the corporation in accordance with this Act. (2) Subsections 2‑5(4) and 2‑6(1) do not apply to any property acquired, administered, possessed or received by the corporation as trustee, agent or administrator for a plan or a plan trust, and the corporation must deal with that property in accordance with the provisions of The Trustee Act, 2009, if applicable, and any trust agreement or other contract that may be applicable. 8 HEALTH SHARED SERVICES c 9 SASKATCHEWAN (3SHEALTH) (3) The corporation may invest any moneys or other property acquired, administered, possessed or received by the corporation as trustee, agent or administrator for a plan or plan trust in accordance with the provisions of The Trustee Act, 2009, if applicable, and any trust agreement or other contract that may be applicable. (4) Any moneys or other property acquired, administered, possessed or received by the corporation as trustee, agent or administrator for a plan or a plan trust are to be free from any charge or lien for the debts or obligations of the corporation, except those debts or obligations that arise out of and in accordance with that trusteeship, agency or administration. 2022, c 9, s 2‑7. Responsible to minister 2-8(1) The corporation is responsible to the minister for the fulfilment of its purposes and the exercise of its powers pursuant to this Act. (2) The minister may give directions that must be followed by the corporation, the board or both in exercising their powers and fulfilling their duties and purposes pursuant to this Act and the regulations. (3) Subsection (2) does not apply to any plans and plan trusts established, operated, administered, supported or managed by the corporation pursuant to subsection 2‑7(1). (4) The minister may, on any conditions that the minister considers necessary, give directions that must be followed by the corporation and by a health services entity: (a) requiring the corporation to provide shared or other services to the health services entity; and (b) requiring the health services entity to obtain the shared and other services from the corporation. 2022, c 9, s 2‑8. PART 3 Board and Officers Board established 3-1(1) The board, consisting of those persons who are appointed pursuant to subsection (2), is responsible for administering the affairs and conducting the business of the corporation. (2) The board is to consist of not more than 9 members appointed by the Lieutenant Governor in Council in the prescribed manner, if any. (3) Each member must meet the prescribed qualifications. 9 HEALTH SHARED SERVICES SASKATCHEWAN (3SHEALTH) c 9 (4) Subject to subsections (5) and (6), a person appointed pursuant to this section: (a) holds office for a period not exceeding 3 years and, notwithstanding the expiry of the person’s term, continues to hold office until a successor is appointed; and (b) is eligible for reappointment. (5) If a member dies or resigns, the person ceases to be a member on the date of death or on the day on which the resignation is received by the minister, as the case may be. (6) If the office of a person appointed pursuant to subsection (2) becomes vacant, the Lieutenant Governor in Council may, having regard to the requirements of this section: (a) appoint a person for the remainder of the term of the person who vacated the office; or (b) appoint a person for the term mentioned in subsection (4). (7) A vacancy in the membership of the board does not impair the power of the remaining members of the board to act. (8) A majority of the members constitutes a quorum. (9) No proceedings, decisions or actions of the corporation are void, voidable or subject to challenge by reason only of a defect in the appointment of a member. (10) The members of the board of Saskatchewan Health‑Care Association who hold office on the day before the day on which this Act comes into force continue to hold office until new appointments are made pursuant to subsection (2). 2022, c 9, s 3‑1. Officers 3-2(1) The Lieutenant Governor in Council shall designate one member of the board as chairperson and another member as vice‑chairperson. (2) The chairperson shall preside over all meetings of the board. (3) If the chairperson is absent or otherwise unable to act or if the office of the chairperson is vacant, the vice‑chairperson may exercise all the powers and shall perform all the duties of the chairperson. (4) In the absence of the chairperson or vice‑chairperson, the members who are present at a meeting and who constitute a quorum may designate one of their number to act as the chairperson, and that member may exercise all the powers and shall perform all the duties of the chairperson. 2022, c 9, s 3‑2. 10 HEALTH SHARED SERVICES c 9 SASKATCHEWAN (3SHEALTH) Disqualification of members 3-3(1) A member is disqualified from holding office as a member if: (a) the member fails to meet or ceases to meet any prescribed qualification mentioned in subsection 3‑1(3); or (b) the member is absent from 3 or more consecutive meetings of the board without the authorization of the board. (2) If the corporation becomes aware that a member is disqualified from holding office, the corporation shall notify the minister. (3) If the minister has received a notice pursuant to subsection (2) or is of the opinion that a member is disqualified from holding office: (a) the minister may recommend to the Lieutenant Governor in Council that the appointment of the member be terminated; and (b) the Lieutenant Governor in Council, on the recommendation of the minister, shall terminate the appointment of the member. (4) The office of a member is not vacated, and the member is not prevented from voting or acting as a member, until the appointment of the member is terminated. 2022, c 9, s 3‑3. Remuneration and reimbursement 3-4(1) The Lieutenant Governor in Council may determine the maximum rates for the remuneration and reimbursement for expenses that may be paid to members. (2) The corporation may, by resolution, determine rates not exceeding the maximum rates determined pursuant to subsection (1) for the remuneration and reimbursement for expenses that may be paid to its members. (3) The remuneration and reimbursement for expenses of members are to be paid from the funds of the corporation. (4) No member shall directly or indirectly receive any profit or personal financial benefit from the position of the member other than the remuneration and reimbursement for expenses that are authorized pursuant to this section. 2022, c 9, s 3‑4. PART 4 Employment Matters Definitions for Part 4-1 In this Part: “contract” means a contract of employment entered into between the corporation and one of its employees; “employee” means, with respect to the corporation: (a) its chief executive officer; 11 HEALTH SHARED SERVICES SASKATCHEWAN (3SHEALTH) c 9 (b) any person that reports directly to its chief executive officer; and (c) any other prescribed person. 2022, c 9, s 4‑1. Chief executive officer and other employees 4-2(1) Subject to subsection (2), the corporation shall employ by contract a chief executive officer who is responsible, in accordance with the directions of the board, for the general management and conduct of the affairs of the corporation. (2) Subject to subsection (7), no person shall be employed as a chief executive officer unless approved by the Lieutenant Governor in Council. (3) The corporation shall, within 30 days after the day on which a contract is entered into pursuant to subsection (1) or an amendment is made to that contract, file a copy of the contract or amendment, as the case may be, with the minister. (4) A contract is a public document and the corporation shall make that contract available for public inspection when requested. (5) Subsection (4) applies, notwithstanding any provision of the contract providing that all or any part of the contract is to remain confidential, and any provision to that effect in a contract is void. (6) The chief executive officer employed by the corporation on the day before the day on which this Act comes into force continues to be employed by the corporation until the corporation employs a new chief executive officer pursuant to subsection (1). (7) Subsection (2) does not apply to the chief executive officer whose employment with the corporation is continued pursuant to subsection (6). 2022, c 9, s 4‑2. Termination of contract 4-3 The corporation may terminate a contract for cause at any time, without notice, notwithstanding the provisions of the contract. 2022, c 9, s 4‑3. Deemed provisions in contracts 4-4(1) Subject to subsection (7), every contract is deemed to include the provisions set out in subsections (2) to (6). (2) The corporation may terminate a contract without cause by providing its employee with: (a) written notice equal to the least of: (i) the remainder of the term of the contract; (ii) the period of notice provided for in the contract; and 12 HEALTH SHARED SERVICES c 9 SASKATCHEWAN (3SHEALTH) (iii) the period of notice that common law principles would provide for: (A) without considering the provisions of the contract mentioned in subclauses (i) and (ii); and (B) if the contract is for a definite term, as if the contract were for an indefinite term; or (b) payment in lieu of the notice mentioned in clause (a) in an amount equal to the least of: (i) the amount payable pursuant to the contract for the remainder of the term of the contract; (ii) the amount payable pursuant to the contract for the period of notice provided in the contract; and (iii) the amount that common law principles would provide for with respect to the period of notice that common law principles would provide for: (A) without considering the provisions of the contract mentioned in subclauses (a)(i) and (ii); and (B) if the contract is for a definite term, as if the contract were for an indefinite term. (3) If a contract is terminated: (a) for cause, the corporation is not obligated to make any payment in lieu of notice resulting from the termination; (b) for any reason other than for cause, the maximum payment resulting from the termination that the corporation may make, subject to subsection (4), must not exceed the amount the employer would have to pay pursuant to subsection (2) if it terminated the contract without cause. (4) On termination of a contract, the corporation may: (a) provide for an allowance for relocation expenses if the employee had moved to the place of employment within the 3 years before the date of termination of the contract; and (b) pay for employment counselling for a period of not more than 4 months. (5) In addition to any payments to which an employee may be entitled pursuant to this section, an employee is entitled, on termination or on the expiration of a contract, to: (a) a payment for holidays that the employee has earned up to the date of termination or expiration but not used; (b) any pension benefits or refund of pension contributions to which the employee is entitled by law; and (c) any payments to which the employee is entitled under any benefit program that is available to all employees of the corporation. 13 HEALTH SHARED SERVICES SASKATCHEWAN (3SHEALTH) c 9 (6) Every employee shall mitigate the employee’s damages on termination of the contract. (7) Subsections (2) to (6) do not apply to contracts of employment of persons employed by the corporation on the day before the day on which this Act comes into force, and those persons continue to be employed by the corporation. 2022, c 9, s 4‑4. Crown Employment Contracts Act not to apply 4-5 Notwithstanding The Crown Employment Contracts Act, the corporation is not a Crown employer within the meaning of that Act. 2022, c 9, s 4‑5. PART 5 General Insurance 5-1 If required by the regulations, the corporation shall hold policies of insurance protecting against the following to the extent prescribed: (a) loss or damage to its buildings, equipment and furnishings; (b) claims founded on negligence of the corporation, as the case may be, or any of its employees or agents; (c) any other prescribed matter. 2022, c 9, s 5‑1. Transfers to and from corporation 5-2(1) Notwithstanding any other Act or law or any provision of any contract: (a) the Lieutenant Governor in Council may, by order, subject to any terms and conditions that may be set out in the order, transfer or assign to, and vest in, the corporation: (i) any personal property, assets, liabilities, debts, interests, rights, obligations and contracts of the Government of Saskatchewan, a Crown corporation or an agent of the Government of Saskatchewan; and (ii) any lands, interests in lands, mortgages, charges, encumbrances or other real property interests of the Government of Saskatchewan, a Crown corporation or an agent of the Government of Saskatchewan; (b) the chairperson of the Public Service Commission may, with the approval of the corporation, transfer any employees or class of employees in the public service, as defined in The Public Service Act, 1998, to and cause them to become employees of the corporation; and 14 HEALTH SHARED SERVICES c 9 SASKATCHEWAN (3SHEALTH) (c) the president, chief executive officer or other head of a Crown corporation or other agent of the Government of Saskatchewan may, by agreement with the corporation, transfer any employees or class of employees of the Crown corporation or agent of the Government of Saskatchewan to and cause them to become employees of the corporation. (2) Notwithstanding any other Act or law or any provision of any contract: (a) the corporation may, on the recommendation of the minister and the Minister Responsible for the Public Service Commission or the minister responsible for a Crown corporation or other agent of the Government of Saskatchewan, transfer any employees or class of employees of the corporation to the Government of Saskatchewan, a Crown corporation or other agent of the Government of Saskatchewan and cause them to become employees of the public service within the meaning of The Public Service Act, 1998, the Crown corporation or agent of the Government of Saskatchewan, as the case may be; and (b) subject to subsection (3), the corporation may transfer or assign to, and vest in the Government of Saskatchewan, a Crown corporation or other agent of the Government of Saskatchewan: (i) any personal property, assets, liabilities, debts, interests, rights, obligations, and contracts of the corporation; and (ii) any lands, interests in lands, mortgages, charges, encumbrances or other real property interests of the corporation. (3) Clause (2)(b) does not apply to plans and plan trusts. (4) An order and any agreement made pursuant to: (a) subclause (1)(a)(i) or (2)(b)(i) constitutes for all purposes a legal and valid transfer or assignment of the personal property, assets, liabilities, debts, interests, rights, obligations and contracts in accordance with the terms of the order or agreement; and (b) subclause (1)(a)(ii) or (2)(b)(ii) constitutes for all purposes a legal and valid transfer or assignment of the lands, interests in lands, mortgages, charges, encumbrances or other real property interests in accordance with the terms of the order or agreement. (5) Any person who may have a right or claim in relation to anything that has been transferred or assigned pursuant to clause (1)(a) or (2)(b) may continue to assert that right or claim against the party to whom that thing was transferred or assigned. (6) No prohibition of any transfer or assignment, nor the absence of any consent or approval required for any transfer or assignment, voids or affects the validity of a transfer or assignment made pursuant to this section. (7) Any transfer or assignment made pursuant to this section is deemed not to be a breach or default under any lease, contract or other document. 15 HEALTH SHARED SERVICES SASKATCHEWAN (3SHEALTH) c 9 (8) Notwithstanding any Act, law or provision of a contract, a transfer of an employee pursuant to clause (1)(b), (1)(c) or (2)(a): (a) does not constitute the abolition or termination of any position or job; (b) does not require any advance notice, including any notice that may be required pursuant to any Act, law or provision of a contract; and (c) does not constitute constructive dismissal of any person or a breach of contract. 2022, c 9, s 5‑2. PART 6 Planning, Financial and Reporting Operational plans 6-1(1) The corporation shall: (a) with respect to the period directed by the minister, prepare an operational plan for the provision of the services that it is responsible to provide; and (b) submit the operational plan to the minister in the form, and within the period, specified by the minister. (2) An operational plan required by subsection (1) must be consistent with any guidelines or directions provided by the minister. (3) The corporation: (a) may, from time to time, amend its operational plan on its own initiative and submit the amendments to the minister; and (b) shall amend its operational plan in accordance with any direction from the minister. 2022, c 9, s 6‑1. Financial and service plan 6-2 In each fiscal year, on or before a date set by the minister, the corporation shall: (a) prepare, in the form required by the minister, a financial and service plan for the next fiscal year; and (b) submit the financial and service plan to the minister. 2022, c 9, s 6‑2. Returns, reporting, monitoring and evaluation systems 6-3(1) On the written request of the minister, the corporation shall forward to the minister any records, reports and returns specified by the minister in the request. 16 HEALTH SHARED SERVICES c 9 SASKATCHEWAN (3SHEALTH) (2) The corporation shall comply with any directions the minister may provide: (a) respecting the keeping, preparing and reporting of financial, administrative and statistical information; and (b) respecting the electronic information systems and technologies that must be used by the corporation for data collection, transmission, storage and reporting. 2022, c 9, s 6‑3. Audit 6-4 The accounts of the corporation must be audited at least once in each fiscal year by an independent auditor who possesses the prescribed qualifications and is appointed for the purpose by the corporation, as the case may be. 2022, c 9, s 6‑4. Annual report 6-5(1) In each fiscal year, the corporation shall, in accordance with section 13 of The Executive Government Administration Act, submit to the minister: (a) a report of the corporation on its business for the preceding fiscal year; and (b) a financial statement showing the business of the corporation for the preceding fiscal year, in any form that may be required by Treasury Board. (2) In accordance with section 13 of The Executive Government Administration Act, the minister shall lay before the Legislative Assembly each report and financial statement submitted pursuant to subsection (1). 2022, c 9, s 6‑5. Immunity 6-6 No action or proceeding lies or shall be commenced against the Crown in right of Saskatchewan, the minister, the corporation, the board, any member or any employee of the corporation, if that person is acting pursuant to the authority of this Act or the regulations, for anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done, by that person or by any of those persons pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the regulations or in the carrying out or supposed carrying out of any duty imposed by this Act or the regulations. 2022, c 9, s 6‑6. PART 7 Governance General bylaws 7-1(1) The corporation shall make general bylaws and policies with respect to: (a) its internal organization and proceedings; 17 HEALTH SHARED SERVICES SASKATCHEWAN (3SHEALTH) c 9 (b) the general conduct and management of its affairs and activities; and (c) any other prescribed matter. (2) The minister may require the corporation to change any existing bylaw in accordance with any directions provided by the minister. (3) Any policies made pursuant to subsection (1) must be consistent with any guidelines or directions provided by the minister. 2022, c 9, s 7‑1. Approval of bylaws 7-2(1) Bylaws made pursuant to this Part by the corporation must be consistent with any guidelines or directions provided by the minister and must be submitted to the minister for approval. (2) A bylaw or an amendment to a bylaw mentioned in this section has no effect until it is approved by the minister. 2022, c 9, s 7‑2. Public access to bylaws 7-3 The bylaws of the corporation are to be made publicly available by the corporation. 2022, c 9, s 7‑3. PART 8 Regulations Regulations 8-1 The Lieutenant Governor in Council may make regulations: (a) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act; (b) for the purposes of subsection 2‑4(1), prescribing other sectors for which the corporation may provide shared and other services; (c) for the purposes of subsection 2‑4(2), prescribing other duties, activities or functions that the corporation may undertake; (d) for the purposes of section 2‑5: (i) prescribing the manner by which other revenues may be raised by the corporation pursuant to clause (1)(g) of that section; and (ii) respecting the rights, powers and privileges of the corporation described in clause (2)(g) of that section; 18 HEALTH SHARED SERVICES c 9 SASKATCHEWAN (3SHEALTH) (e) for the purposes of subsection 2‑6(1): (i) prescribing the price of an interest in real or personal property to be purchased, leased or otherwise acquired by the corporation in excess of which the approval of the minister must be obtained; (ii) prescribing the price of real or personal property to be sold, leased or otherwise disposed of by the corporation in excess of which the approval of the minister must be obtained; (iii) prescribing the amount of the cost of construction, renovation or alteration of the facilities of the corporation in excess of which the approval of the minister must be obtained; (f) for the purposes of subsection 2‑6(2), prescribing the amount to be borrowed by the corporation in excess of which the approval of the minister must be obtained; (g) for the purposes of subsection 3‑1(2), prescribing the manner in which the Lieutenant Governor in Council may appoint members; (h) for the purposes of subsections 3‑1(3) and 3‑3(1), prescribing the qualifications of persons to be appointed as members of the corporation and governing the disqualification of members; (i) prescribing other persons for the purposes of the definition of “employee” in section 4‑1; (j) for the purposes of section 5‑1, requiring the corporation to hold policies of insurance, and if so required: (i) prescribing the extent of coverage under those policies; (ii) prescribing other matters with respect to which the corporation shall hold policies of insurance; (k) for the purposes of section 6‑4, prescribing the qualifications of an independent auditor; (l) for the purposes of subsection 7‑1(1), prescribing other matters with respect to which the corporation shall make general bylaws; (m) with respect to any matter governed by this Act: (i) adopting, as amended from time to time or otherwise, all or any part of any code, standard or guideline; (ii) amending for the purposes of this Act or the regulations any code, standard or guideline adopted pursuant to subclause (i); and (iii) requiring compliance with a code, standard or guideline adopted pursuant to subclause (i); (n) prescribing any matter or thing that is authorized or required by this Act to be prescribed in the regulations; (o) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. 2022, c 9, s 8‑1. 19 HEALTH SHARED SERVICES SASKATCHEWAN (3SHEALTH) c 9 PART 9 Repeal, Consequential Amendments and Coming into Force SS 1959, c 117 repealed 9-1 An Act to incorporate Saskatchewan Health-Care Association is repealed. 2022, c 9, s 9‑1. SS 1999, c H-0.021, section 2 amended 9-2 Section 2 of The Health Information Protection Act is amended: (a) by renumbering it as subsection 2(1); (b) by adding the following subclause after subclause (1)(t)(xi): “(xi.1) subject to subsection (2), Health Shared Services Saskatchewan within the meaning of The Health Shared Services Saskatchewan (3sHealth) Act”; and (c) by adding the following subsection after subsection (1): “(2) This Act does not apply to plan trusts within the meaning of The Health Shared Services Saskatchewan (3sHealth) Act and the trustees of those plan trusts”. 2022, c 9, s 9‑2. SS 1990-91, c L-27.1, section 2 amended 9-3 Section 2 of The Local Authority Freedom of Information and Protection of Privacy Act is amended: (a) by renumbering it as subsection 2(1); (b) by adding the following subclause after subclause (1)(f)(xiii): “(xiii.1) subject to subsection (2), Health Shared Services Saskatchewan within the meaning of The Health Shared Services Saskatchewan (3sHealth) Act”; and (c) by adding the following subsection after subsection (1): “(2) This Act does not apply to plan trusts within the meaning of The Health Shared Services Saskatchewan (3sHealth) Act and the trustees of those plan trusts”. 2022, c 9, s 9‑3. Coming into force 9-4 This Act comes into force by order of the Lieutenant Governor in Council. 2022, c 9, s 9‑4. 20 HEALTH SHARED SERVICES c 9 SASKATCHEWAN (3SHEALTH) REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023
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Health Shared Services Saskatchewan (3sHealth) Act, SS 2022, c 9
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