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| This is part of an archived statute consolidation that is current to September 15, 2003 and includes changes enacted and in force by that date. |
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| SECTION | EFFECTIVE DATE | ||
| 1 | April 11, 2001 | ||
| 24.1 | April 11, 2001 | ||
| Part 3 Sections 25 to 39 |
January 1, 2003 | ||
| 47 | April 11, 2001 | ||
| 56 | April 11, 2001 | ||
| September 30, 2002 | |||
| Schedule | April 11, 2001 | ||
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
Part 2.1, Section 24.1 was enacted by 2001-8-3 effective April 11, 2001 (Royal Assent).
Part 3, sections 25 to 39 BEFORE repealed by 2002-25-36 effective January 1, 2003 (BC Reg 348/02).
Part 3 — Hospitals Foundation of British Columbia
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.
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.
27 The corporation is, for all purposes, an agent of the government.
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.
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.
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.
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.
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.
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.
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.
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).
36 The board may appoint the officers and employees it considers necessary and, by resolution, may determine the terms and conditions of their employment.
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.
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.
39 The Company Act does not apply to the corporation, but the Lieutenant Governor in Council, by order, may direct that some or all of the provisions of the Company Act do apply.
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 56(3)(b)(i) BEFORE amended by 2002-40-63 effective September 30, 2002 (BC Reg 263/02).
(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 265/02).
(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(3.1) was added by 2001-8-5 effective April 11, 2001 (Royal Assent).
Schedule was added by 2001-8-6 effective April 11, 2001 (Royal Assent).
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