Definitions

1   In this regulation:

"Act" means the Health Authorities Act;

"designated area" means an area designated under section 4 (1) (b) or 6 (1) (b) of the Act;

"new board" means a board that is created by an amalgamation of 2 or more old boards;

"new council" means a council that is created by an amalgamation of 2 or more old councils;

"old board" means a board that is replaced by a new board;

"old council" means a council that is replaced by

(a) a new council, or

(b) a board.

[am. B.C. Reg. 361/96, s. 1.]

Effect of amalgamation of 2 or more boards

2   (1) If the designated areas of 2 or more old boards are completely contained within the designated area of a new board, the old boards are amalgamated as described in this section on the appointment of the members of the new board by the minister under section 4 of the Act.

(2) On amalgamation under subsection (1)

(a) all property and rights of the old boards pass to and vest in the new board without further act or deed,

(b) the new board is liable for all debts and obligations of the old boards, and

(c) a reference to one of the old boards in any commercial paper, contract, lease, licence, permit or other instrument or document shall be deemed to be a reference to the new board.

(3) On amalgamation, for each liability of an old board immediately preceding amalgamation under subsection (1)

(a) the new board is liable in the same manner and to the same extent as the old board was immediately preceding the date of the amalgamation, and

(b) the new board may sue or be sued in its own name or that of the old board in any proceeding relating to the liability.

(4) On amalgamation, for each property or right of an old board immediately preceding amalgamation under subsection (1)

(a) all persons are liable in the same manner and to the same extent to the new board respecting the property or right as they were to the old board immediately preceding the date of the amalgamation, and

(b) the new board may sue or be sued in its own name or that of the old board in any proceeding relating to the property or right.

Effect of amalgamation of 2 or more councils

3   (1) If the designated areas of 2 or more old councils are completely contained within the designated area of a new council, the old councils are amalgamated as described in this section on the appointment of the members of the new council by the minister under section 6 of the Act.

(2) On amalgamation under subsection (1)

(a) all property and rights of the old councils pass to and vest in the new council without further act or deed,

(b) the new council is liable for all debts and obligations of the old councils, and

(c) a reference to one of the old councils in any commercial paper, contract, lease, licence, permit or other instrument or document shall be deemed to be a reference to the new council.

(3) On amalgamation, for each liability of an old council immediately preceding amalgamation under subsection (1)

(a) the new council is liable in the same manner and to the same extent as the old council was immediately preceding the date of the amalgamation, and

(b) the new council may sue or be sued in its own name or that of the old council in any proceeding relating to the liability.

(4) On amalgamation, for each property or right of an old council immediately preceding amalgamation under subsection (1)

(a) all persons are liable in the same manner and to the same extent to the new council respecting the property or right as they were to the old council immediately preceding the date of the amalgamation, and

(b) the new council may sue or be sued in its own name or that of the old council in any proceeding relating to the property or right.

Effect of amalgamation of a board and one or more councils

4   (1) If the designated areas of one or more old councils are completely contained within the designated area of a board and the minister specifies that this section is to apply, the old councils are amalgamated with the board as described in this section.

(2) On amalgamation under subsection (1)

(a) all property and rights of the old councils pass to and vest in the board without further act or deed,

(b) the board is liable for all debts and obligations of the old councils, and

(c) a reference to one of the old councils in any commercial paper, contract, lease, licence, permit or other instrument or document shall be deemed to be a reference to the board.

(3) On amalgamation, for each liability of an old council immediately preceding amalgamation under subsection (1)

(a) the board is liable in the same manner and to the same extent as the old council was immediately preceding the date of the amalgamation, and

(b) the board may sue or be sued in its own name or that of the old council in any proceeding relating to the liability.

(4) On amalgamation, for each property or right of an old council immediately preceding amalgamation under subsection (1)

(a) all persons are liable in the same manner and to the same extent to the board respecting the property or right as they were to the old council immediately preceding the date of the amalgamation, and

(b) the board may sue or be sued in its own name or in the name of the old council in any proceeding related to the property or right.

[en. B.C. Reg. 361/96, s. 2.]

Directions from the Senior Financial Officer

5   (1) If an amalgamation occurs under section 2, 3 or 4, the new board, new council or board, as the case may be, must comply with any direction the Senior Financial Officer, Ministry of Health, may give respecting the management or disposal, including disposal to the government for or without compensation, of property, rights, debts or obligations the new board, new council or board acquired by the amalgamation.

(2) The Senior Financial Officer, Ministry of Health, may only give a direction under subsection (1) if the Senior Financial Officer, Ministry of Health, considers this to be necessary in the public interest.

[en. B.C. Reg. 361/96, s. 2.]

Indemnification

6   (1) Subject to subsection (2), for the purposes of section 16 of the Act, a regional health board or community health council may indemnify a former director of a designated corporation, on amalgamation of the designated corporation with the regional health board or community health council, on the same basis that applies to directors or former directors of a regional health board or community health council under sections 64 and 65 of the Societies Act.

(2) A regional health board or community health council must not indemnify a former director of a designated corporation under subsection (1) unless the court, as defined in section 1 of the Societies Act, approves the indemnification.

[en. B.C. Reg. 211/2015, s. 3.]