Section 1, definition of "hospital" BEFORE amended by 2001-8-2, effective April 11, 2001 (Royal Assent).
"hospital", except in Part 2, means a nonprofit institution that has been designated as a hospital by the minister and is operated primarily for the reception and treatment of persons
Section 1 definition of "practitioner" BEFORE amended by 2003-57-47, effective April 3, 2009 (BC Reg 421/2008).
"practitioner" means
(a) a medical practitioner,
(b) a dentist registered under the Dentists Act, or
(c) a person registered as a member of a prescribed health profession.
Section 1, definition of "licensed community care facility" was added by 2015-18-315, effective November 28, 2016 (BC Reg 216/2015).
Section 2 (3) BEFORE amended by 2015-18-316, effective November 28, 2016 (BC Reg 216/2015).
(3) Despite the Society Act, a society that owns or operates a hospital must not exercise any of the borrowing powers conferred by the Society Act without the prior approval of the minister.
Section 3 (part) BEFORE amended by 2008-28-150, effective March 31, 2009 (BC Reg 49/2009).
3 A person suffering from a communicable disease who is required to be isolated by the regulations under the Health Act must not be admitted to a hospital unless it can be established to the satisfaction of the minister that
Section 4.1 (1) (b) BEFORE amended by 2010-6-163 (b), effective September 1, 2011 (BC Reg 14/2011).
Note: 2010-6-163 (b) was amended by 2011-5-27, effective June 17, 2011 (BC Reg 111/2011).
(b) an attorney under the Power of Attorney Act;
Section 4.1 (4) (b) BEFORE repealed by 2010-6-164, effective September 1, 2011 (BC Reg 14/2011).
(b) the Public Guardian and Trustee consents in writing to the power of attorney, the representation agreement or the disposition.
Section 7 (3) BEFORE amended by 2016-4-16, effective September 1, 2016 (BC Reg 191/2016).
(3) An application must be verified by the affidavit of the applicant, and must be accompanied by a fee of $5.
Section 17 (7) (a) BEFORE amended by 2023-10-300(a), effective March 30, 2023 (Royal Assent).
(a) keep proof of his or her qualifications readily available in the licensed hospital, and
Section 17 (9) BEFORE amended by 2023-10-300(b), effective March 30, 2023 (Royal Assent).
(9) If the chief inspector approves the appointment, the acting superintendent, while he or she acts as the superintendent, is deemed for the purposes of this Part to be the superintendent.
Part 3, sections 25 to 39 BEFORE repealed by 2002-25-36, effective January 1, 2003 (BC Reg 348/2002).
Part 3 — Hospitals Foundation of British Columbia
Definitions for Part 3
25 In this Part:
"board" means the board appointed under section 26;
"corporation" means the Hospitals Foundation of British Columbia established under section 26;
"member" means a member of the board appointed under section 26.
Foundation continued
26 (1) The Hospitals Foundation of British Columbia is continued as a corporation with a board consisting of 11 members appointed by the Lieutenant Governor in Council.
(2) The Lieutenant Governor in Council must designate a member to be the chair of the board.
(3) A vacancy in the membership of the board does not impair the power of the remaining members to act.
(4) The board, by bylaw, may do any of the following:
(a) determine its own procedure;
(b) provide for the regulation and conduct of its meetings;
(c) elect a person to be the acting chair in the absence of the chair.
(5) Members serve without remuneration other than the payment of expenses incurred in discharging their duties under this Part.
Capital of the corporation
28 (1) The capital of the corporation is one share with a par value of $100.
(2) The share in the corporation must be issued to and registered in the name of the Minister of Finance and Corporate Relations and must be held by that minister on behalf of the government.
Purposes and powers of the corporation
29 (1) The purposes of the corporation are as follows:
(a) to develop, foster and encourage public knowledge and awareness of hospitals and of the benefits to the people of British Columbia in connection with the work of hospitals;
(b) to encourage, facilitate and carry out programs and activities that will directly or indirectly increase the financial support of, or confer a benefit on, the corporation to be used for the support of hospitals and for programs in which hospitals are involved;
(c) to receive, manage and invest funds and property of every nature and kind from any source for the establishment, operation and maintenance of the corporation and to further the purposes of the corporation.
(2) The corporation has the powers and capacity of a natural person of full capacity.
(3) Some or all of the accumulated capital of a hospital that is available for investment, whether it belongs to the hospital or is held in trust, may be transferred to the corporation as the board of management of the hospital may direct and, on being transferred, the capital vests in the corporation subject to any conditions the board of management may specify at the time of transfer.
(4) If capital that is transferred under subsection (3) arose from a gift, devise or bequest to the hospital, the corporation is subject to any conditions in the gift, devise or bequest to the same extent as the hospital.
(5) On the transfer of capital under subsection (3), the corporation may transfer the capital back to the hospital from which the capital was received.
Bylaws
30 (1) Subject to the approval of the Lieutenant Governor in Council, the board may enact bylaws for the corporation.
(2) A procedural bylaw established under section 26 (4) (a) does not require the approval of the Lieutenant Governor in Council.
Borrowing
31 On behalf of and in the name of the corporation, the board may raise or secure the payment or repayment of money in the manner it decides and, in particular and without limiting those powers, may raise funds by the issue of debentures.
Investment powers
32 (1) Subject to a contrary intent expressed in a gift, devise, bequest or trust,
(a) section 15 of the Trustee Act does not apply to investments made by the corporation, and
(b) the board may make investments that a prudent person would make.
(2) If money is transferred to the corporation by a hospital, subsection (1) applies to the investment of that money.
Liability of members
33 A member of the corporation is not personally liable for loss or damage suffered by a person as a result of anything done in good faith in the exercise of a power given by this Part.
Investment counsel
34 (1) The corporation may employ the services of investment counsel and set their remuneration.
(2) Investments or reinvestments must be made
(a) under the direction of the board, or
(b) by investment counsel under subsection (1) subject to the approval of the board.
Distribution of funds and property
35 (1) The board may determine by resolution the manner in which the funds and property available in each year must be used and distributed for the benefit of hospitals and the patients, programs and staff of hospitals.
(2) When making a resolution under subsection (1), the board must be governed by
(a) the provisions of any gift, devise, bequest or trust, or
(b) any conditions in a transfer under section 29 (3).
(3) If, in the opinion of the board, the directions, terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the corporation, the board may apply to a judge of the Supreme Court for an order authorizing a variation of the directions, terms or trusts that the court, having the intent of the donor, settlor, transferor or testator in mind, considers will best further both that intent and the best interests of the corporation.
(4) Sections 86 and 87 of the Trustee Act apply to the application referred to in subsection (3).
Staff
36 The board may appoint the officers and employees it considers necessary and, by resolution, may determine the terms and conditions of their employment.
Auditors
37 The accounts of the corporation must be audited at least once a year by an auditor, appointed by the board, who is qualified to be the auditor of a reporting company under the Company Act.
Exemption from property taxes
38 Property vested in the corporation is exempt from taxation under the Local Government Act, the Vancouver Charter, the Taxation (Rural Area) Act and the School Act as long as the property is being used for hospital purposes in connection with a program operated by a relevant hospital.
Section 46 BEFORE amended by 2003-47-33, effective February 13, 2004 (BC Reg 45/2004).
46 (1) For the purpose of providing to practitioners appeals from
(a) a decision of a board of management that modifies, refuses, suspends, revokes or fails to renew a practitioner's permit to practise in a hospital, or
(b) the failure or refusal of a board of management to consider and decide on an application for a permit,
the Lieutenant Governor in Council may, by regulation,
(c) establish one or more hospital appeal boards, and
(d) specify the powers, duties, functions, practices and procedures, including the quorum, of a hospital appeal board.
(2) A hospital appeal board may affirm, vary, reverse or substitute its own decision for that of a board of management on the terms and conditions it considers appropriate.
(3) The decision of a hospital appeal board is final and binding.
(4) The members of a hospital appeal board must be appointed by the minister in accordance with the regulations.
(5) For an appeal under this section, a hospital appeal board has the protections, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
(6) All information or evidence
(a) about an application for a practitioner's permit to practise in a hospital, or contained in the decision of a board of management resulting from the application, or
(b) received by, or presented to, a hospital appeal board for an appeal
is privileged and an action must not be brought against a person for it.
(7) The Lieutenant Governor in Council may, by order, set the remuneration and expenses to be paid to members of hospital appeal boards.
(8) Before giving a decision on an appeal, a hospital appeal board may refer a matter to a professional or other organization in the health field to obtain expert assistance or a formal report.
(9) All appeals received by a medical appeal board before the coming into force of this subsection are to be continued before a hospital appeal board.
Section 46 (1.1) and (1.2) BEFORE repealed by 2004-45-102, effective December 3, 2004 (BC Reg 516/2004).
[Note: above was amended by 2004-57-9, effective December 3, 2004 (BC Reg 516/2004).]
(1.1) The Lieutenant Governor in Council, by regulation, may specify the powers, duties, functions, practices and procedures of the Hospital Appeal Board.
(1.2) For the purposes of an appeal before the Hospital Appeal Board,
(a) three members constitute a quorum, and
(b) a decision must be by majority.
Section 46 (2.1), (2.2) and (2.3) were added by 2004-45-102, effective December 3, 2004 (BC Reg 516/2004).
[Note: above was amended by 2004-57-9, effective December 3, 2004 (BC Reg 516/2004).]
Section 46 (3) BEFORE amended by 2004-45-102, effective December 3, 2004 (BC Reg 516/2004).
[Note: above was amended by 2004-57-9, effective December 3, 2004 (BC Reg 516/2004).]
(3) The decision of the Hospital Appeal Board is final and binding.
Section 46 (3.1) to (3.7) were added by 2004-45-102, effective December 3, 2004 (BC Reg 516/2004).
[Note: above was amended by 2004-57-9, effective December 3, 2004 (BC Reg 516/2004).]
Section 46 (4.2) BEFORE amended by 2004-45-102, effective December 3, 2004 (BC Reg 516/2004).
[Note: above was amended by 2004-57-9, effective December 3, 2004 (BC Reg 516/2004).]
(4.2) The Administrative Tribunals Appointment and Administration Act applies to the Hospital Appeal Board.
Section 46 (5) BEFORE repealed by 2004-45-102, effective December 3, 2004 (BC Reg 516/2004).
[Note: above was amended by 2004-57-9, effective December 3, 2004 (BC Reg 516/2004).]
(5) For an appeal under this section, the Hospital Appeal Board has the protections, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
Section 46 (4.2) BEFORE amended by 2007-14-34, effective October 18, 2007 (BC Reg 311/2007).
(4.2) Sections 1 to 20, 25 to 35, 37 to 39, 42, 44, 47 to 56, 57, 58, 60 (a), (b) and (d) to (f) and 61 of the Administrative Tribunals Act apply to the Hospital Appeal Board.
Section 46 (4.1) (a) to (e) and (4.2) BEFORE amended by 2015-10-109, effective December 18, 2015 (BC Reg 240/2015).
(4.1) For the purposes of subsection (4), the members of the Hospital Appeal Board must be appointed as follows:
(a) one member selected after a merit based process from among 3 or more individuals nominated by the executive body of the College of Physicians and Surgeons of British Columbia;
(b) one member selected after a merit based process from among 3 or more individuals nominated by the executive body of the College of Dental Surgeons of British Columbia;
(c) one member selected after a merit based process from among 3 or more individuals nominated by the executive body of the College of Midwives of British Columbia;
(d) one member selected after a merit based process from among 3 or more individuals nominated by the executive body of the British Columbia Medical Association;
(e) 6 other members selected after a merit based process.
(4.2) Sections 1 to 20, 25 to 35, 37 to 39, 42, 44, 46.2, 47 to 56, 57, 58, 60 (a), (b) and (d) to (f) and 61 of the Administrative Tribunals Act apply to the Hospital Appeal Board.
Section 46 (4.1) (c) BEFORE amended by 2021-3-15, effective September 1, 2020 [retro from March 25, 2021 (Royal Assent)].
(c) one member selected after a merit-based process from among 3 or more individuals nominated by the executive body of the College of Midwives of British Columbia;
Section 46 (4.1) (d) BEFORE amended by 2023-2-11, effective March 9, 2023 (Royal Assent).
(d) one member selected after a merit-based process from among 3 or more individuals nominated by the executive body of the British Columbia Medical Association;
Section 47 BEFORE amended by 2001-8-4, effective April 11, 2001 (Royal Assent).
47 The Lieutenant Governor in Council may withhold the amounts payable under this or any other Act to a hospital, if its board of management refuses or neglects to comply with this Act or the regulations, or fails to administer the hospital in a manner satisfactory to the minister.
Section 48 (5) BEFORE amended by 2011-25-481, Sch, effective March 18, 2013 (BC Reg 131/2012).
(5) If the sum determined by the minister to be set aside under subsection (1) (b), (c) or (d) is not acceptable to the owner or operator of the hospital, the sum to be set aside must be submitted to arbitration under the Commercial Arbitration Act, and the sum determined by the arbitration board is the sum to be set aside under subsection (1) (b), (c) and (d).
Section 49 (2) BEFORE amended by 2011-25-481, Sch, effective March 18, 2013 (BC Reg 131/2012).
(2) The determination under this section of the sum to be set aside under this section, including sums related to money provided to the owner or operator of a hospital by the board of a regional hospital district in payment of items of expense determined to be the sole responsibility of the regional hospital district under the Hospital District Act, must be made by the minister and, subject to proceedings under the Commercial Arbitration Act, must be paid to the board of the regional hospital district in which the hospital is located within the appropriate period specified in section 48.
Section 50 (1) BEFORE amended by 2002-75-47 (a), effective May 14, 2004 (BC Reg 217/2004).
(1) The minister may designate as a hospital for the purposes of section 48 any community care facility, as defined in the Community Care Facility Act, which
Section 50 BEFORE re-enacted by 2015-18-318, effective November 28, 2016 (BC Reg 216/2015).
Further application of section 48
50 (1) The minister may designate as a hospital for the purposes of section 48 any community care facility, as defined in the Community Care and Assisted Living Act, which
(a) is licensed under that Act,
(b) is owned or operated by a corporation incorporated or registered under the Society Act, and
(c) receives financial assistance from the government including financial assistance for the retirement of debt arising out of the planning, constructing, reconstructing, equipping or acquiring land or buildings for the purposes of the facility.
(2) If the minister designates a community care facility as a hospital under subsection (1),
(a) the provisions of section 48 apply to that facility, and
(b) a notice that is required to be or may be filed in a land title office, indicating that the hospital land of a hospital as defined in section 1 or 5 is subject to section 48 (1) (c) and (d), may be filed in respect of community care facility land, even though the regulation providing for filing does not refer to community care facilities or community care facility land.
Section 52 (4) BEFORE amended by 2003-70-169, effective March 29, 2004 (BC Reg 64/2004).
(4) Despite the Society Act and the Company Act, or any other Act or document of incorporation, the Lieutenant Governor in Council may appoint a public administrator to manage the property and affairs of a hospital society or corporation that owns, operates or is planning or constructing a hospital defined under section 1, if the Lieutenant Governor in Council considers it in the public interest to do so.
Section 52 (4) BEFORE amended by 2015-18-319, effective November 28, 2016 (BC Reg 216/2015).
(4) Despite the Society Act and the Business Corporations Act, or any other Act or document of incorporation, the Lieutenant Governor in Council may appoint a public administrator to manage the property and affairs of a hospital society or corporation that owns, operates or is planning or constructing a hospital defined under section 1, if the Lieutenant Governor in Council considers it in the public interest to do so.
Section 56 (3) (b) (i) BEFORE amended by 2002-40-63, effective September 30, 2002 (BC Reg 263/2002).
(i) to or for whom income assistance is provided under the BC Benefits (Income Assistance) Act, a youth allowance is provided under the BC Benefits (Youth Works) Act or a disability allowance is provided under the Disability Benefits Program Act, and
Section 56 (3) (b) (i) BEFORE amended by 2002-41-46, effective September 30, 2002 (BC Reg 265/2002).
(i) to or for whom income assistance is provided under the BC Benefits (Income Assistance) Act, a youth allowance is provided under the BC Benefits (Youth Works) Act or a disability allowance is provided under the Disability Benefits Program Act, and
Schedule, item 20 BEFORE amended by BC Reg 345/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 345/2006).
20 Peach Arch District Hospital
Schedule, items 19.1 and 19.2 were added by BC Reg 171/2017 under RS1996-200-24.1 (3), effective September 18, 2017 (BC Reg 171/2017).
Schedule, item 27 BEFORE amended by BC Reg 274/2022 under RS1996-200-24.1, effective December 19, 2022 (BC Reg 274/2022).
| 27 | St. Mary's Hospital (Sechelt) |
Schedule, item 17 BEFORE repealed by BC Reg 40/2025 under RS1996-200-24.1(3), effective March 17, 2025 (BC Reg 40/2025).
| 17 | Mills Memorial Hospital |
Schedule, item 14.1 was added by BC Reg 40/2025 under RS1996-200-24.1(3), effective March 17, 2025 (BC Reg 40/2025).
Supplement BEFORE repealed by 2006-33-1 (1) (q), effective May 18, 2006 (Royal Assent).
[Supplement]
Hospital Act
[RSBC 1996] CHAPTER 200
1 [Spent]
2 Section 2 (2) is amended by striking out "including medical staff bylaws," and substituting "including medical staff bylaws and other practitioner staff bylaws,".
1996-13-10; 1999-12-8.
3 [Repealed 1999-38-33.]
4 to 7 [Spent]
8 Section 48 (2) is repealed and the following substituted:
(2) For the purposes of subsection (1) (c),
(a) the minister may direct that a lesser sum or no sum be set aside, on terms and conditions that the minister determines to be reasonable in the circumstances, and
(b) the minister may further direct that this section applies to a subsequent lease or transfer.
1988-38-7.
9 [Repealed 1999-38-33.]