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AR 14/95 PROPERTY AND ASSETS (TRANSITIONAL) REGULATION

(Consolidated up to 221/2004)

ALBERTA REGULATION 14/95

Regional Health Authorities Act

PROPERTY AND ASSETS (TRANSITIONAL) REGULATION

Table of Contents

                1       Interpretation and application

                2       Requisitioned and donated funds

                3       Other donated funds

                4       Foundation funds

                5       Income from operations

                6       Capital assets

                7       Restriction on use of funds

                8       Accounting

                9       Payment of interest

              10       RHA boundary adjustments


Interpretation and application

1(1)  In this Regulation, “effective date” means the date on which the assets or property of an existing health authority becomes the assets or property of the regional health authority by reason of an agreement or order under the Hospitals Act, the Public Health Act or any other enactment.

(2)  Where there is a conflict between this Regulation and any applicable provision of another regulation under this or any other Act, this Regulation is paramount.

(3)  This Regulation applies only in respect of assets and property of an existing health authority that become assets and property of a regional health authority by reason of an enactment or order referred to in subsection (1).

AR 14/95 s1;221/2004

Requisitioned and donated funds

2(1)  Where the regional health authority acquires requisitioned funds or funds donated to the existing health authority by a municipality that are standing to the credit of the existing health authority on the effective date, the regional health authority must

                                 (a)    use the funds for the purpose for which they were going to be used by the existing health authority, or

                                 (b)    return the funds to the municipality that paid them.

(2)  Where the funds referred to in subsection (1) were held by the existing health authority for an ongoing approved capital project, the regional health authority must spend the funds on or commit the funds to the project within 2 years after the effective date or return the funds to the municipality that paid them.

(3)  If the regional health authority decides under subsection (2) not to continue with the ongoing approved capital project it must forthwith return the funds to the municipality that paid them.

(4)  Where the funds referred to in subsection (1) were held by the existing health authority for an approved capital project that was deferred as of the effective date, the regional health authority must forthwith return the funds to the municipality that paid them.

Other donated funds

3(1)  Where the regional health authority acquires from an existing health authority donated money that is subject to trust conditions, the regional health authority must

                                 (a)    use the money in accordance with the trust conditions, or

                                 (b)    return the money to the donor.

(2)  Despite subsection (1)(b) where the regional health authority chooses to return the money to the donor but the donor no longer exists or cannot reasonably be identified, the regional health authority must use the money for a purpose that is similar to the purpose for which it was donated, and that purpose

                                 (a)    must be for the benefit of the community or facility that was intended to be benefitted by the money, and

                                 (b)    must not be a purpose that will require future incremental funding from the Government.

(3)  Where the regional health authority acquires donated money that is not subject to any trust conditions, it may use the money for any purpose within the scope of its responsibilities, but that purpose

                                 (a)    must be for the benefit of the community or facility that was intended to be benefitted by the money, and

                                 (b)    must not be a purpose that will require future incremental funding from the Government.

Foundation funds

4   Where the regional health authority acquires funds that were transferred to the existing health authority by a foundation, the regional health authority may use the funds for any purpose within the scope of its responsibilities, but that purpose

                                 (a)    must be for the benefit of the community or facility that was intended to be benefitted by the funds, and

                                 (b)    must not be a purpose that will require future incremental funding from the Government.

Income from operations

5   Where the regional health authority acquires funds that were raised through income from the ancillary operations of the existing health authority, the regional health authority may use the funds for any purpose within the scope of its responsibilities, but that purpose

                                 (a)    must be for the benefit of the community or facility in which the income was generated, and

                                 (b)    must not be a purpose that will require future incremental funding from the Government.

Capital assets

6(1)  Where the regional health authority acquires capital assets or equipment that was

                                 (a)    donated to the existing health authority, or

                                 (b)    acquired by the existing health authority with funds raised through donations or through income from the ancillary operations of the existing health authority or acquired from a foundation

the regional health authority shall, subject to this section, continue to use the assets or equipment for the benefit of the community or facility that was intended to be benefitted by the assets or equipment.

(2)  The regional health authority may not move the capital assets or equipment referred to in subsection (1) to another location outside the community or facility, or sell or otherwise dispose of the capital assets or equipment, without the approval of the person who donated the capital assets or equipment or who donated the funds with which the capital assets or equipment were acquired.

(3)  If the person referred to in subsection (2) no longer exists or cannot reasonably be identified, the regional health authority must use the capital assets or equipment in the community for a purpose that is similar to the purpose for which the capital assets or equipment was donated or acquired.

(4)  Where capital assets or equipment is sold or otherwise disposed of under subsection (2), the regional health authority shall use the proceeds of the sale or other disposition to benefit the community where the capital assets or equipment was located.

(5)  Where a regional health authority closes a facility and assets or equipment in the facility were acquired in the circumstances described in subsection (1) the regional health authority shall use the proceeds of the disposition of the assets or equipment to benefit the community where the facility was located.

(6)  A regional health authority is not obliged to provide funding from its operating budget to operate capital assets or equipment referred to in subsection (1).

Restriction on use of funds

7   No regional health authority shall use donated funds referred to in section 3, funds referred to in section 4 or 5 or proceeds under section 6(4) to replace any part of the operating budget for services or programs provided to the community or facility by the regional health authority.

Accounting

8   Where the regional health authority acquires funds in the circumstances described in section 2, 3, 4 or 5, it must

                                 (a)    keep those funds in an interest‑bearing account, and

                                 (b)    keep separate records as to the receipt and disbursement of those funds.

Payment of interest

9   Where this Regulation gives authority to spend funds or requires that such funds be paid to any person, the authority or the requirement includes the authority or requirement to spend or pay interest accruing on the funds after the effective date.

RHA boundary adjustments

10   Notwithstanding section 1, where as a result of a change in the boundaries of 2 health regions in an order of the Minister under section 2 of the Act assets or property of one regional health authority becomes the assets or property of another regional health authority, this Regulation applies, with all necessary modifications, in respect of the assets and property in the same way as it would apply if the 2 regional health authorities were an existing health authority and regional health authority respectively.

AR 58/2001 s2;221/2004