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| This Act is current to August 26, 2025 |
[Prepared for convenience by the Office of Legislative Counsel. Note: This Act has not been revised as part of the Revised Statutes 1996. References in this Act to other Acts may be references to earlier Revised Statutes or to Acts not consolidated in a general revision of statutes, depending on when the provision of this Act containing the reference was enacted or amended.]
Assented to April 3, 1970
2 The Vancouver General Hospital, incorporated by chapter 69 of the Statutes of British Columbia, 1902, is continued as a body corporate and politic under the name "Vancouver General Hospital" (hereinafter referred to as the "corporation").
1970-55-2.
3 (1) Subject to the Hospital Act, the corporation may establish, maintain and operate a hospital and engage in any lawful activity for that purpose or intended to further that purpose.
(2) The corporation has the powers and capacity of a natural person to the extent required to pursue its purposes and may
(a) take, purchase, receive by gift or grant, acquire, hold or lease real and personal property of every nature or kind,
(b) subject to the Hospital Act, sell, grant, convey, demise or otherwise dispose of the real and personal property,
(c) subject to the by-laws, borrow money on the credit of the corporation and give security therefor, but the corporation shall not mortgage or pledge as security any real or personal property of the corporation used for hospital purposes, and
(d) subject to the approval of the Minister of health, establish, maintain and carry on training schools and courses for medical and para-medical persons and for nurses, and grant diplomas or certificates for completion of these courses.
1992-63-19.
4 Membership in the corporation consists of those persons appointed or named as members under the bylaws.
1979-22-54.
5 (1) The property and affairs of the corporation shall be managed by a Board of Trustees (hereinafter called the "board").
(2) The members of the corporation constitute the board.
(3) The majority of the members of the board constitute its quorum.
1970-55-5; 1971-25-15; 1979-22-55; 1992-63-20.
5.1 (1) A member of the board shall
(a) act honestly and in good faith and in the best interests of the corporation, and
(b) exercise the care, diligence and skill of a reasonably prudent person in exercising his powers and performing his functions as a member of the board.
(2) The requirements of this section are in addition to, and not in derogation of, an enactment or rule of law or equity relating to the duties or liabilities of directors of a body corporate or persons having and being subject to like duties and liabilities.
1984-19-16.
5.2 Nothing in a contract or the bylaws of the corporation or the circumstances of his appointment, relieves a member of the board
(a) from the duty to act in accordance with this Act and the regulations, or
(b) from a liability that by virtue of a rule of law would otherwise attach to him in respect of negligence, default, breach of duty or breach of trust of which he may be guilty in relation to the corporation.
1984-19-16.
5.3 A member of the board who is, directly or indirectly, interested in a proposed contract or transaction with the corporation shall disclose fully and promptly the nature and extent of his interest to each other member of the board.
1984-19-16.
5.4 (1) A member of the board referred to in section 5.3 shall account to the corporation for profit made as a consequence of the corporation entering or performing the proposed contract or transaction,
(i) he discloses his interest as required by section 5.3,
(ii) after his disclosure the proposed contract or transaction is approved by the board, and
(iii) he abstains from voting on the approval of the proposed contract or transaction, or
(i) the contract or transaction was reasonable and fair to the corporation at the time it was entered into, and
(ii) after full disclosure of the nature and extent of his interest in the contract or transaction it is approved by majority vote of not less than 3/4 of the members of the corporation present at a meeting called for the purpose of considering such contract or transaction.
(2) A member of the board referred to in section 5.3 shall not be counted in the quorum at a meeting of the board at which the proposed contract or transaction is approved.
1984-19-16.
5.5 The fact that a member of the board is, in any way, directly or indirectly, interested in a contract or transaction, or a proposed contract or transaction, with the corporation does not make the contract or transaction void, but, if the matters referred to in section 5.4 (1) (a) or (b) have not occurred, the Supreme Court may, on the application of the corporation or an interested person,
(a) prohibit the corporation from entering the proposed contract or transaction,
(b) set aside the contract or transaction, or
(c) make any other order that it considers appropriate.
1984-19-16.
5.6 (1) The corporation may require a member of the board or officer of the corporation to give the security it considers sufficient for the faithful discharge of his duties.
(2) The corporation may, with the approval of the Supreme Court, indemnity a member of the board or former member of the board, and his heirs and personal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, actually and reasonably incurred by him in a civil, criminal or administrative action or proceeding to which he is made a party by reason of being or having been a member of the board, including an action brought by the corporation, if
(a) he acted honestly and in good faith with a view to the best interests of the corporation, and
(b) in the case of a criminal or administrative action or proceeding, he had reasonable grounds for believing his conduct was lawful.
(3) The Supreme Court may, on application of the corporation, a member of the board or former member of the board, make an order approving an indemnity under this section and may make any further order it considers appropriate.
(4) On an application under subsection (3), the court may order notice to be given to any interested person.
(5) The corporation may purchase and maintain insurance for the benefit of a member of the board against personal liability incurred by him as a member and sections 5.3, 5.4 and 5.5 do not apply in respect of the purchase or maintenance of that insurance.
1984-19-16.
6 (1) The board may pass by-laws or amendments thereto for governing and managing the property and affairs of the corporation but such by-laws or amendments thereto shall not come into force until
(a) the by-law or amendment thereto is adopted by a majority vote of not less than two-thirds of the members of the corporation present at a meeting called for the purpose of considering the by-law or amendment; and
(b) the by-law or amendment thereto is approved in writing by the Minister of Health.
(2) Notwithstanding subsection (1), a member of the corporation may, at any meeting of the corporation, introduce by-laws or amendments thereto, and the provisions of clauses (a) and (b) of subsection (1) apply to such by-laws or amendments.
1971-25-16; 1979-22-53.
8 The manner of appointment of officers of the board and the responsibilities and duties of those officers shall be prescribed by the by-laws.
1970-55-8.
9 The board may invest moneys of the corporation not required for the current operation of the corporation in such investments as are authorized by law for the investment of trust funds.
1970-55-9.
10 Proceedings for the recovery of payment for treatment, care, or services provided by the corporation may be commenced and taken in the name of the corporation by any duly authorized officer or employee of the corporation.
1970-55-10.
11 Notwithstanding any Act to the contrary, no person, municipality, or incorporated village, and no corporation whether an agent of the Crown or otherwise, shall expropriate any property of the corporation unless
(a) the written approval of the Minister of Health is first obtained; or
(b) an Act of the Legislature enacted after the coming into force of this Act expressly so provides.
1970-55-11; 1979-22-53.
12 No irregularity, informality, or illegality in the appointment of a member of the board or an officer of the corporation shall render illegal or invalid any act, deed, matter, or thing done or executed or suffered to be done or executed by the board in good faith or by such member of the board or officer in pursuance of his appointment.
1970-55-12; 1979-22-56.
13 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant-Governor in Council may make such regulations and orders as are ancillary thereto and not inconsistent therewith and as are considered necessary or advisable; and every regulation and order made under this section shall be deemed part of the Act and has the force of law.
1970-55-13.
14 The Vancouver General Hospital Act, 1902, being chapter 69 of the Statutes of British Columbia, 1902, is repealed.
1970-55-14.
15 (1) This Act, excepting section 1 and this section, comes into force on a date to be fixed by the Lieutenant-Governor by his Proclamation, and he may fix different dates for the coming into force of several provisions.
(2) Section 1 and this section come into force on Royal Assent.
1970-55-15.
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