The Cancer Foundation Act

Transcription

1 1 CANCER FOUNDATION c. C-2.1 The Cancer Foundation Act Repealed by Chapter C-1.1 of the Statutes of Saskatchewan, 2006 (effective January 2, 2007). Formerly Chapter C-2.1* of the Statutes of Saskatchewan, 1979 (effective August 1, 1979) as amended by the Statutes of Saskatchewan, , c.14; 1983, c.29; , c.92; , c.42; 1997, c.5 and 12; 2002, c.r-8.2; and 2004, c.10. *NOTE: Pursuant to subsection 33(1) of The Interpretation Act, 1995, the Consequential Amendment sections, schedules and/or tables within this Act have been removed. Upon coming into force, the consequential amendments contained in those sections became part of the enactment(s) that they amend, and have thereby been incorporated into the corresponding Acts. Please refer to the Separate Chapter to obtain consequential amendment details and specifics. 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 2 c. C-2.1 CANCER FOUNDATION Table of Contents 1 Short title SHORT TITLE INTERPRETATION 2 Interpretation 3 References in Act ELIGIBILITY FOR SERVICES 4 Persons entitled to diagnostic and treatment services FOUNDATION 5 Foundation established 6 Chairman and vice-chairman 7 Term of office 8 Vacancy on foundation 9 Remuneration 10 Meetings of foundation 11 Duties of foundation 12 Powers of foundation 13 Property 14 Donations, etc. 15 Registration of patients 16 Information re patient 17 Foundation may make regulations FINANCE 18 Funds of foundation 19 Investments 20 Borrowing powers 20.1 Borrowing for specific purpose MEDICAL ADVISORY COMMITTEE 21 Committee established 22 Chairman 23 Term of office 24 Vacancy on committee 25 Subcommittees 26 Resignation from committee 27 Remuneration of members 28 Meetings of committee 29 Duties of committee GENERAL 30 Property exempt from taxation 31 Application of The Public Service Superannuation Act 32 Appropriation 33 Fiscal year 34 Audit 35 Annual report and financial statement REPEAL, TRANSITIONAL AND COMING INTO FORCE 36 R.S.S. c.c-2 repealed 37 Regulations continued 38 Transfer of rights and obligations to foundation 39 Operation of clinics

3 3 CANCER FOUNDATION c. C-2.1 CHAPTER C-2.1 An Act to establish the Saskatchewan Cancer Foundation SHORT TITLE Short title 1 This Act may be cited as The Cancer Foundation Act. Interpretation 2 In this Act: INTERPRETATION (a) cancer includes all forms and types of malignant and premalignant conditions; (b) chairman means the chairman of the foundation; (c) clinic means a clinic continued or established under this Act; (d) committee means, except in clause 12(d), the Medical Advisory Committee established under section 21; (e) foundation means the Saskatchewan Cancer Foundation established under section 5; (f) hospital means a facility designated as a hospital or a health centre pursuant to The Regional Health Services Act ; (g) member means a member of the foundation; (h) minister means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (i) patient means a person afflicted with cancer; (j) physician means a legally qualified medical practitioner. 1979, c.c-2.1, s.2; 2002, c.r-8.2, s.100. References in Act 3 A reference in this Act to The Cancer Control Act is deemed to be a reference to that Act as it existed on the day before the coming into force of this Act. 1979, c.c-2.1, s.3.

4 4 c. C-2.1 CANCER FOUNDATION ELIGIBILITY FOR SERVICES Persons entitled to diagnostic and treatment services 4 A patient who: (a) is a beneficiary within the meaning of The Saskatchewan Medical Care Insurance Act; and (b) is registered in accordance with the requirements of this Act and the regulations; is entitled to care and treatment at the expense of the foundation except for those services for which payment is made pursuant to The Saskatchewan Medical Care Insurance Act. 1979, c.c-2.1, s.4; 1997, c.12, s.7 and c.5, s.2. FOUNDATION Foundation established 5(1) There is hereby established a body corporate, to be called the Saskatchewan Cancer Foundation, which shall consist of at least seven and not more than eleven members appointed by the Lieutenant Governor in Council. (2) The members appointed pursuant to subsection (1) shall, subject to subsection (3), include: (a) one physician agreed upon between the minister and the council of The College of Physicians and Surgeons of the Province of Saskatchewan; (b) one full-time member of the faculty of the College of Medicine of The University of Saskatchewan agreed upon between the minister and the dean of that college; and (c) one person agreed upon between the minister and the board of directors of the Saskatchewan Division of the Canadian Cancer Society. (3) Where no agreement is reached under clause (2)(a), (b) or (c) within three months from the date of the commencement of negotiations, the Lieutenant Governor in Council may appoint a person who has the qualifications specified in clause (2)(a), (b) or (c), as the case may be, to be a member. 1979, c.c-2.1, s.5; , c.14, s.2. Chairman and vice-chairman 6(1) The Lieutenant Governor in Council shall designate one member to be chairman. (2) The chairman shall hold office at the pleasure of the Lieutenant Governor in Council. (3) The foundation may appoint a member to be vice-chairman of the foundation to act in the place and stead of the chairman during the absence of the chairman.

5 5 CANCER FOUNDATION c. C-2.1 (4) Where the chairman and vice-chairman are unable to attend a meeting of the foundation, the members present at the meeting may appoint one of the members attending to preside at that meeting. 1979, c.c-2.1, s.6. Term of office 7(1) Of the members first appointed under subsection 5(1), other than the member designated as chairman: (a) one-third, as nearly as may be, shall be appointed for a term of one year; (b) one-third, as nearly as may be, shall be appointed for a term of two years; and (c) the remaining members shall be appointed for a term of three years; and thereafter each such member shall be appointed for a term of three years. (2) Each member shall hold office until his successor is appointed and is eligible for reappointment, but no member shall hold office for more than two consecutive terms. 1979, c.c-2.1, s.7. Vacancy on foundation 8(1) Where a vacancy occurs in the membership of the foundation due to death, resignation or otherwise, the Lieutenant Governor in Council may, subject to subsection 5(2), appoint a person to fill the vacancy for the remainder of the term of office of the member being replaced. (2) A vacancy in the membership of the foundation does not impair the power of the remaining members to act. 1979, c.c-2.1, s.8. Remuneration 9 Each member who is not a member of the public service for the province shall be paid any remuneration for his services and allowances for expenses by the foundation that the Lieutenant Governor in Council may determine. 1979, c.c-2.1, s.9. Meetings of foundation 10(1) The foundation shall meet at least six times a year at the call of the chairman or the vice-chairman of the foundation or upon written application to the chairman by any three members. (2) A majority of the members constitutes a quorum of the foundation. 1979, c.c-2.1, s.10.

6 6 c. C-2.1 CANCER FOUNDATION Duties of foundation 11 The foundation shall conduct a program for the diagnosis, prevention and treatment of cancer which shall include: (a) the laboratory and clinical investigation of cancer problems; (b) the co-ordination of facilities for treatment of cancer; (c) the continued operation of clinics operated under The Cancer Control Act and the establishment and operation of any other clinics that the foundation may consider advisable for the examination and diagnosis or treatment of patients in the province or persons suspected of being afflicted with cancer or with any other disease or condition which any clinic may become equipped to examine, diagnose or treat; (d) the establishment, maintenance and operation of hostels in connection with clinics or participation with any other person in the establishment, maintenance and operation of those hostels; (e) the adequate reporting of cases of cancer and the recording and compilation of data relating to cancer; (f) the education of the public in the importance of early diagnosis, prevention and treatment of cancer; (g) the provision of facilities for undergraduate and post-graduate study relating to cancer; (h) the training of technical personnel to assist in the examination, diagnosis, treatment or study of cancer; (i) the provision of funds to physicians and other qualified persons for postgraduate training concerned with cancer; (j) the adoption of any measures that may be considered necessary for preventing or minimizing the development or spread of cancer; (k) the correlation and co-ordination, by voluntary means, of the work and studies of all agencies, clinics or persons in the province that may have similar objects or purposes or that may be carrying on similar or related work or studies; (l) the study of radiation hazards arising from the use of x-ray generators and radioactive materials and substances and recommendations for the establishment of protective devices and facilities in respect of those hazards; (m) the conduct of, the participation in or the provision of assistance for research projects in connection with the diagnosis, prevention or treatment of cancer. 1979, c.c-2.1, s.11. Powers of foundation 12 For the purposes of carrying out the provisions of this Act, the foundation may: (a) enter into agreements with the Government of Saskatchewan, The University of Saskatchewan, The University of Regina, any any operator of a hospital or any physician or other person;

7 7 CANCER FOUNDATION c. C-2.1 (b) employ administrative, technical and professional personnel; (c) conduct or participate in the conduct of seminars, lectures and short-term courses to assist physicians and other professional persons in becoming more knowledgeable about the diagnosis and treatment of cancer; (d) appoint consultants and committees that may include persons who are members of the foundation, and assign to those consultants and committees any duties and powers that it considers advisable; (e) do any other things that it considers necessary or advisable. 1979, c.c-2.1, s.12; 2002, c.r-8.2, s.100. Property 13 The foundation may acquire, by purchase, lease or otherwise, any property and may sell, mortgage, lease or otherwise dispose of that property. 1979, c.c-2.1, s.13. Donations, etc. 14 The foundation may receive donations and any moneys received as a donation shall be invested, subject to the terms of the donation, in accordance with section , c.c-2.1, s.14. Registration of patients 15(1) The foundation shall maintain a register of patients containing the names of all persons registered as patients by the Saskatchewan Cancer Commission under The Cancer Control Act and, in accordance with the regulations, any other persons who become patients. (2) For the purposes of subsection (1), a person admitted or considered to have been admitted to a clinic under The Cancer Control Act is deemed to have been registered as a patient under that Act. 1979, c.c-2.1, s.15. Information re patient 16(1) Any physician or dentist who examines, diagnoses or treats a patient, or the operator of any hospital in which a patient is examined, diagnosed or treated, shall furnish to an official of the foundation any information with respect to that examination, diagnosis or treatment that the official may request. (2) No action or other proceeding for damages lies against any physician, dentist or operator of a hospital in respect of the furnishing to the foundation of any information or report with respect to any case of cancer examined, diagnosed or treated, by that physician or dentist, or at that hospital. 1979, c.c-2.1, s.16; 2002, c.r-8.2, s.100.

8 8 c. C-2.1 CANCER FOUNDATION Foundation may make regulations 17 Subject to the approval of the minister, the foundation may make regulations: (a) governing the administration and operation of clinics and the admission of patients to clinics; (b) governing the diagnostic and treatment services for which payment may be made by the foundation; (c) prescribing the charges to be made for the services provided to patients who are not entitled to diagnostic and treatment services under section 4; (d) governing the diagnostic services to be provided to persons suspected of being afflicted with cancer and governing the charges to those persons where it is found that they are not so afflicted; (e) authorizing the provision of diagnostic and treatment services in a clinic to persons not afflicted with cancer where those persons require the services available in the clinic, and governing the charges to be made to those persons; (f) exempting any class of persons from entitlement to the services provided under this Act; (g) governing the registration of patients; (h) governing the operation of hostels operated wholly or partially by the foundation; (i) respecting any other matter that it considers necessary or advisable to carry out effectively the intent and purpose of this Act. 1979, c.c-2.1, s.17. FINANCE Funds of foundation 18(1) The funds of the foundation shall consist of moneys paid to it pursuant to section 32 and received by it from any other source, and the foundation may, in accordance with this Act, disburse, expend or otherwise deal with any of its funds in any manner that it considers advisable. (2) The funds of the foundation shall be deposited in a chartered bank or credit union. 1979, c.c-2.1, s.18. Investments 19 The foundation may from time to time invest any part of its moneys, not presently required for expenditure, in any security or class of securities authorized for the investment of moneys in the general revenue fund pursuant to The Financial Administration Act, 1993 and may dispose of those securities, subject to the terms of the investment, in any manner and upon any terms that it considers advisable. 1979, c.c-2.1, s.19; 1983, c.29, s.5; , c.42, s.11; 2004, c.10, s.17 and 18.

9 9 CANCER FOUNDATION c. C-2.1 Borrowing powers 20(1) The foundation may, in any fiscal year, by resolution, authorize the borrowing of any sums of money that may be required to meet the expenditures of the foundation until the revenues for that fiscal year are available, but those sums shall not exceed the estimated revenues, approved by the minister for the purpose, to be received by the foundation in that fiscal year. (2) A resolution mentioned in subsection (1) shall provide that the sums of money be repaid within twelve months. (3) Any loans authorized by subsection (1) shall be paid out of and be a first charge upon the revenues received by the foundation and may be secured by a promissory note given on behalf of the foundation by the chairman or any other person that the foundation may designate. 1979, c.c-2.1, s.20. Borrowing for specific purpose 20.1 The foundation may, by resolution, authorize the borrowing of any sums of money that may be required in order to purchase, lease or otherwise acquire land, or to purchase, construct, lease or otherwise acquire buildings, for any purpose authorized by this Act, and may secure any such loan to the lender or lenders by bonds, debentures, bills of exchange, promissory notes, mortgages or any other instrument or instruments that may be required or considered necessary or advisable by the lender or lenders , c.92, s.2. MEDICAL ADVISORY COMMITTEE Committee established 21(1) There is hereby established a committee, to be known as the Medical Advisory Committee, which shall consist of at least ten and not more than seventeen members to be appointed by the foundation. (2) The director of each clinic in Regina and Saskatoon is ex officio a member of the committee. (3) The members appointed pursuant to subsection (1) shall, subject to subsection (4), include: (a) a physician, other than the director, employed full time in each clinic in Regina and Saskatoon; (b) the following persons, each of whom shall be appointed pursuant to agreements between the foundation and the council of The College of Physicians and Surgeons of the Province of Saskatchewan: (i) three physicians who are engaged in the private practice of medicine and who are practising in a specialty concerned in whole or in part with the diagnosis or treatment of cancer; (ii) two physicians who are engaged in the general practice of medicine; and

10 10 c. C-2.1 CANCER FOUNDATION (c) a physician who is engaged full time as a member of the faculty of the College of Medicine of The University of Saskatchewan in a specialty concerned in whole or in part with the diagnosis or treatment of cancer and who is appointed pursuant to an agreement between the foundation and the dean of that college. (4) Where no agreement is reached under subclause (3)(b)(i) or (ii) or clause (c) within three months from the date of the commencement of negotiations, the foundation may appoint a person who has the qualifications specified in subclause (3)(b)(i) or (ii) or clause (c), as the case may be, to be a member of the committee. 1979, c.c-2.1, s.21. Chairman 22(1) The foundation shall appoint a member of the committee to be chairman of the committee. (2) Where the chairman of the committee is absent from a meeting of the committee, the committee may appoint another of its members to preside at that meeting. 1979, c.c-2.1, s.22. Term of office 23(1) Of the members of the committee first appointed under subsection 21(1): (a) one-third, as nearly as may be, shall be appointed for a term of one year; (b) one-third, as nearly as may be, shall be appointed for a term of two years; and (c) the remaining members shall be appointed for a term of three years; and thereafter each member shall be appointed for a term of three years. (2) Each member of the committee shall hold office until his successor is appointed and is eligible for reappointment, but no member shall hold office for more than two consecutive terms. 1979, c.c-2.1, s.23. Vacancy on committee 24(1) Where a vacancy occurs in the membership of the committee due to death, resignation or otherwise, the foundation may, subject to subsection 21(3), appoint a person to fill the vacancy for the remainder of the term of office of the member being replaced. (2) A vacancy in the membership of the committee does not impair the power of the remaining members of the committee to act. 1979, c.c-2.1, s.24.

11 11 CANCER FOUNDATION c. C-2.1 Subcommittees 25 The committee may appoint one or more subcommittees for the purpose of assisting the committee in the exercise of its duties under this Act. 1979, c.c-2.1, s.25. Resignation from committee 26 A person is deemed to have resigned from the committee where: (a) he ceases to be a resident of the province; or (b) he is absent from three consecutive meetings of the committee without a reason that the committee considers to be satisfactory. 1979, c.c-2.1, s.26. Remuneration of members 27 The foundation shall pay any remuneration for services and allowances for expenses that it may determine to: (a) each member of the committee; (b) each member of a subcommittee established, with the approval of the foundation, under section 25; other than a employee of the foundation or a person who is a member of the public service for the province. 1979, c.c-2.1, s.27. Meetings of committee 28(1) The chairman of the committee shall state the time and place of the first meeting of the committee. (2) The committee may make rules with respect to the conduct of meetings and business of the committee. 1979, c. C-2.1, s. 28. Duties of committee 29 The committee may advise the foundation with respect to the provision of medical and surgical services to patients and other related matters. 1979, c.c-2.1, s.29. GENERAL Property exempt from taxation 30(1) Subject to subsection (2), any property acquired for the purposes of the foundation and vested in the foundation is exempt from all municipal and other taxes. (2) Any property of the foundation which is used as a hostel for patients is liable to municipal taxation for local improvements. 1979, c.c-2.1, s. 30.

12 12 c. C-2.1 CANCER FOUNDATION Application of The Public Service Superannuation Act 31 Employees of the foundation are deemed to be employees to whom The Public Service Superannuation Act applies. 1979, c.c-2.1, s.31. Appropriation 32 There may be paid annually to the foundation out of the general revenue fund any moneys that may be appropriated by the Legislature for the purposes of this Act. 1979, c.c-2.1, s.32; 2004, c.10, s.17. Fiscal year 33 The fiscal year of the foundation is the period commencing on April 1 in one year and ending on March 31 in the next year. 1979, c.c-2.1, s.33. Audit 34 The records and accounts of the foundation shall be audited at least once a year by the Provincial Auditor or by a person designated by him. 1979, c.c-2.1, s.34. Annual report and financial statement 35(1) The foundation shall, in each fiscal year, in accordance with The Tabling of Documents Act, submit to the minister: (a) a report of the foundation upon its business for the immediately preceding fiscal year; and (b) a financial statement showing the business of the foundation for the immediately preceding fiscal year. (2) The minister shall, in accordance with The Tabling of Documents Act, lay before the Legislative Assembly each report and statement received by him pursuant to subsection (1). 1979, c.c-2.1, s.35. REPEAL, TRANSITIONAL AND COMING INTO FORCE 36 Dispensed. This section makes consequential amendments to another Act. The amendments have been incorporated into the corresponding Act. Regulations continued 37 The regulations in force under The Cancer Control Act on the day immediately preceding the day this Act comes into force continue in force insofar as they are not inconsistent with this Act until they are repealed or other regulations are made in their stead, whichever occurs first. 1979, c.c-2.1, s.37.

13 13 CANCER FOUNDATION c. C-2.1 Transfer of rights and obligations to foundation 38(1) All property, assets and rights of the Government of Saskatchewan and the Saskatchewan Cancer Commission relating to the operation of the clinics in Regina and Saskatoon under The Cancer Control Act are hereby vested in the foundation, and the officers and employees of the Government and the Saskatchewan Cancer Commission shall execute all transfers, assignments, assets and rights to or in the foundation. (2) The foundation assumes and is charged with all debts, liabilities and charges of or against the Government of Saskatchewan and the Saskatchewan Cancer Commission under The Cancer Control Act. (3) Upon the coming into force of this section, the foundation is, for all purposes, substituted for and deemed to be in the place and stead of the Minister of Health and the Saskatchewan Cancer Commission in and with respect to all contracts, agreements, trusts or gifts relating to the operation of the clinics in Regina and Saskatoon under The Cancer Control Act and the provision of services under that Act. 1979, c.c-2.1, s.38. Operation of clinics 39 The foundation shall, upon the coming into force of this section, operate any clinic in Regina and Saskatoon that is being operated under The Cancer Control Act. 1979, c.c-2.1, s.39.

14 14 c. C-2.1 CANCER FOUNDATION REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2005