PERSONS WITH DEVELOPMENTAL DISABILITIES COMMUNITY
GOVERNANCE ACT

Chapter P‑8

Table of Contents

                1       Definitions

                4       Establishment of regions

                5       Establishment of Community Boards

                6       Community Board powers

                9       Minister’s role

             9.1       Ministerial directions

              11       Community Board role

              13       Bylaws

              14       Meetings

              15       Appeals

              16       Inspection powers

              17       Inquiry

              18       Dismissal of Boards

              19       Crown agent

              20       Liability exemption

              21       Fiscal year

           21.1       Personal information

              22       Information

              23       Regulations

              24       Review

              25       Expiry

Preamble

WHEREAS the people of Alberta honour and respect the dignity and equal worth of adults with developmental disabilities;

WHEREAS it is important that adults with developmental disabilities have opportunities to exercise self‑determination and to be fully included in community life;

WHEREAS the individual needs of adults with developmental disabilities are most effectively met through the provision of services that are based on equitable opportunity, funding and access to resources;

WHEREAS the Government of Alberta recognizes, values and supports the ability of communities to respond to the needs of adults with developmental disabilities;

WHEREAS the Government has ongoing responsibility to ensure and oversee the provision of statutory programs, resources and services to adults with developmental disabilities; and

WHEREAS statutory programs, resources and services are best provided to adults with developmental disabilities in a manner that acknowledges responsibility to the community and accountability to the Government through the Minister;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1(1)  In this Act,

                                 (a)    “Board” means a Community Board;

                                 (b)    “Community Board” means a Community Board established under section 5;

                                 (c)    “developmental disability” means a state of functioning that

                                           (i)    began in childhood, and

                                          (ii)    is characterized by a significant limitation, described in the regulations, in both intellectual capacity and adaptive skills;

                                 (d)    repealed 2006 c25 s3;

                                 (e)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

                                  (f)    repealed 2006 c25 s3;

                               (f.1)    “region” means an adults with developmental disabilities region established under section 4;

                                 (g)    “service provider” means a person or organization that provides services to adults with developmental disabilities pursuant to funding allocated by a Board.

(2)  In this Act, a reference to “services” means programs or services provided to or for an adult with developmental disabilities.

RSA 2000 cP‑8 s1;2006 c25 s3

 

2 and 3   Repealed 2006 c25 s4.

 

Establishment of regions

4(1)  The Minister may, by order, establish regions within which adults with developmental disabilities are to receive services.

(2)  An order under subsection (1) must give the region a name that contains the phrase “adults with developmental disabilities region” and describe its boundaries.

(2.1)  Each region is to be administered by a Community Board.

(3)  The Regulations Act does not apply to an order under this section.

RSA 2000 cP‑8 s4;2006 c25 s5

Establishment of Community Boards

5(1)  On establishing a region, the Minister must establish a Community Board for the region.

(2)  A Community Board is a corporation consisting of not more than 9 members appointed, subject to subsection (3) and the regulations, by the Minister for a term prescribed by the Minister.

(3)  Each member of a Community Board must be a resident in the region for which the Community Board is established.

(4)  After the appointment of the initial membership of a Community Board, the Minister must, in accordance with the regulations, appoint members from nominations submitted to the Minister.

(5)  The Minister may establish a panel to review nominations for members submitted in accordance with the regulations and to make recommendations to the Minister concerning the appointment of members to a Community Board.

(6)  The chair of a Community Board is to be designated by the Minister.

(7)  The Minister may, with respect to members of a Community Board, authorize and provide for the payment of remuneration and travelling, living and other expenses incurred by members in the course of their duties.

(8)  The Minister may, on the recommendation of a Community Board, appoint a chief executive officer of the Community Board and may establish the terms and conditions of service, including remuneration and expenses, applicable to the chief executive officer if the person appointed as chief executive officer is not an employee as defined in the Public Service Act.

(9)  The Minister may provide administrative and other support services required by a Community Board.

RSA 2000 cP‑8 s5;2006 c25 s6

Community Board powers

6(1)  Subject to this Act and any other enactment, a Community Board has the rights, powers and privileges of a natural person.

(1.1)  The business and affairs of a Community Board are to be governed by its members appointed under section 5(2).

(2)  A Community Board may not enter into any transaction directly or indirectly

                                 (a)    to borrow money, or

                                 (b)    to engage persons as employees.

(3)  A Community Board may not operate for profit and must use all its funds to carry out its powers and duties under this Act.

RSA 2000 cP‑8 s6;2006 c25 s7

 

7 and 8   Repealed 2006 c25 s8.

 

Minister’s role

9(1)  The role of the Minister is to

                                 (a)    provide strategic direction, set goals and evaluate results with respect to services for adults with developmental disabilities;

                                 (b)    set standards for the provision of services to adults with developmental disabilities;

                                 (c)    repealed 2006 c25 s9;

                                 (d)    work with other ministers and governments and public and private bodies to co‑ordinate the provision of services to adults with developmental disabilities;

                                 (e)    ensure that there is reasonable access, comprehensiveness and portability across regions in the delivery of services to adults with developmental disabilities;

                                  (f)    promote the inclusion of adults with developmental disabilities in community life;

                                 (g)    oversee and evaluate the implementation of plans developed and approved under section 11(b);

                                 (h)    co‑ordinate the activities of Community Boards;

                                  (i)    establish policies for the provision and consistency of services;

                                  (j)    allocate funding and resources to the Community Boards;

                                 (k)    monitor and assess the Community Boards in the carrying out of their activities.

(2)  Notwithstanding the regulations, if the Minister considers that it is in the public interest to do so, the Minister may provide or arrange for the provision of services in any region, whether or not those services are also being provided in that region by a Community Board.

RSA 2000 cP‑8 s9;2006 c25 s9

Ministerial directions

9.1   The Minister may give Community Boards written directions

                                 (a)    on how they are to carry out their powers and duties,

                                 (b)    that set priorities and guidelines for Community Boards to follow in carrying out their powers and duties,

                                 (c)    on how to co‑ordinate the work of the Community Boards with the programs, policies and work of the Government, other Community Boards and other public and private bodies in order to achieve the efficient provision of services, and

                                 (d)    on how to avoid duplication of effort and expense in the provision of services.

2006 c25 s10

10   Repealed 2006 c25 s11.

 

Community Board role

11   A Community Board must, within the region for which it is established,

                                 (a)    provide services;

                              (a.1)    determine community priorities in the provision of services to adults with developmental disabilities and allocate funding accordingly;

                                 (b)    develop, in accordance with the regulations and subject to the approval of the Minister, a plan for the delivery of services to adults with developmental disabilities;

                                 (c)    oversee and evaluate the implementation of the plan developed under clause (b);

                                 (d)    assess on an ongoing basis the needs of the region for services for adults with developmental disabilities;

                                 (e)    manage the provision of services to adults with developmental disabilities in a way that is responsive to the needs of those adults;

                                  (f)    ensure reasonable access to services for adults with developmental disabilities;

                                 (g)    co‑ordinate, with other Community Boards and public and private bodies, the provision of services to adults with developmental disabilities.

RSA 2000 cP‑8 s11;2006 c25 s12

 

12   Repealed 2006 c25 s13.

 

Bylaws

13(1)  Subject to this Act and the regulations, a Board may make bylaws respecting the conduct of its activities.

(2)  Repealed 2006 c25 s14.

(3)  A Board bylaw does not become effective until it is approved by the Minister.

(4)  The Regulations Act does not apply to the bylaws enacted under this section.

RSA 2000 cP‑8 s13;2006 c25 s14

Meetings

14   A meeting of a Board must be open to the public, but the Board may close part or all of a meeting to the public if the Board is of the opinion that if the meeting or that part of the meeting were open to the public

                                 (a)    the Board’s ability to conduct its activities would be impaired, or

                                 (b)    personal information about an individual could be released.

1997 cP‑4.06 s14

Appeals

15(1)  The Minister may, in accordance with the regulations, establish one or more appeal panels to hear appeals under this Act.

(2)  An individual who is receiving services or has applied to receive services by means of funding or resources allocated by a Community Board and is affected by a decision of that Community Board respecting those services may appeal that decision if the decision is not exempt from appeal under the regulations.

(3)  A request for an appeal must be made in writing to an appeal panel within 30 days from when the individual was notified of the decision and the right to appeal.

(4)  An appeal panel may, subject to this Act and the regulations, confirm, reverse or vary the decision that is the subject of the appeal.

(5)  The decision of the appeal panel is final.

(6)  The Minister may extend the time for requesting an appeal under subsection (3) if the Minister is satisfied that there are apparent grounds of appeal and that there is a reasonable explanation for the delay.

RSA 2000 cP‑8 s15;2006 c25 s15

Inspection powers

16(1)  The following are inspectors for the purposes of this Act:

                                 (a)    persons appointed by the Minister with respect to premises owned or operated by a Community Board or a service provider;

                                 (b)    the members of a Community Board and the persons appointed as inspectors by a Community Board, with respect to the premises of a service provider that receives funding allocated by that Community Board.

(2)  Subject to subsection (3), for the purpose of ensuring compliance with this Act and the regulations, an inspector within the area of the inspector’s jurisdiction may

                                 (a)    enter premises,

                                 (b)    require the production for examination of any documents or records in the possession of the Board or service provider and make copies of them or temporarily remove them for the purpose of making copies, and

                                 (c)    inspect and take samples of any material, food, medication or equipment being used in the provision of services to adults with developmental disabilities.

(3)  Before exercising any powers under subsection (2) with respect to a service provider, an inspector must obtain the permission of the service provider.

(4)  An inspector who removes documents or other records or samples of any material, food, medication or equipment under subsection (2) must

                                 (a)    give a receipt for the items to the person from whom the items were taken,

                                 (b)    on request, provide a copy of the documents or records removed to the person from whom they were taken or to a person who is entitled to custody of them, and

                                 (c)    forthwith return the items to the person from whom they were taken when they have served the purposes for which they were taken.

(5)  If anyone prevents an inspector from or obstructs or hinders an inspector in exercising powers under subsection (2),  or if the permission required under subsection (3) is refused or cannot reasonably be obtained, a judge of the Court of Queen’s Bench may, on the application of the inspector, make any order that the judge considers necessary to permit the inspector to exercise those powers.

(6)  An application under subsection (5) may be made ex parte if the judge considers it proper in the circumstances.

RSA 2000 cP‑8 s16;2006 c25 s16

Inquiry

17(1)  The Minister may appoint a person to conduct an inquiry with respect to any matter concerning

                                 (a)    the provision of services to adults with developmental disabilities pursuant to funding allocated by a Board, or

                                 (b)    the carrying out of a Board’s activities under this Act.

(2)  In conducting an inquiry under this section, the appointed person has all the powers, privileges and immunities of a commissioner under the Public Inquiries Act.

(3)  The Minister may authorize and provide for the payment of remuneration and travelling, living and other expenses incurred by the appointed person in the course of that person’s duties.

1997 cP‑4.06 s17

Dismissal of Boards

18(1)   The Minister may by order dismiss all the members of a Board and appoint an official administrator in the Board’s place if the Minister considers that the Board is not properly carrying out its activities under this Act or if for some other reason the Minister considers it to be in the public interest to dismiss the members of the Board.

(2)  Notwithstanding section 5(2), a Board continues as a corporation consisting of an official administrator appointed under subsection (1).

(3)  An official administrator appointed under subsection (1)

                                 (a)    has all the powers of the Board including the power to hear appeals,

                                 (b)    must perform all the duties and assume all the contractual obligations of the Board, and

                                 (c)    may be paid, as an operating expense of the Board, the remuneration and expenses determined by the Minister.

(4)  If in the opinion of the Minister an official administrator is no longer required, the Minister may appoint a new Board, but subsequent appointments are subject to section 5(4).

RSA 2000 cP‑8 s18;2006 c25 s17

Crown agent

19   Community Boards are agents of the Crown.

RSA 2000 cP‑8 s19;2006 c25 s18

Liability exemption

20   No action for damages may be commenced against a member of a Board or an official administrator for anything done or not done by that person in good faith while exercising powers and performing duties under this Act.

1997 cP‑4.06 s20

Fiscal year

21   The fiscal year of a Board begins on the date the Board is first created and continues to the following March 31 and after that is April 1 to the following March 31.

1997 cP‑4.06 s21

Personal information

21.1   The Minister, Community Boards and appeal panels may collect, use and disclose personal information for the purposes of carrying out their powers and duties under this Act.

2006 c25 s19

Information

22(1)  Repealed 2006 c25 s20.

(2)  The Community Boards must, on the request of the Minister, provide to the Minister any records, reports or other information specified by the Minister in the form specified by the Minister.

(3)  In addition to any other reporting requirements in this section, as soon as practicable after March 31 each year Community Boards must prepare and submit to the Minister an annual report that shall include an audited financial statement for the preceding financial year.

(4)  On receipt of an annual report under subsection (3), the Minister shall table that report in the Legislative Assembly.

RSA 2000 cP‑8 s22;2006 c25 s20

Regulations

23(1)  The Lieutenant Governor in Council may make regulations

                                 (a)    describing the limitations in intellectual capacity and adaptive skills for the purposes of the definition of developmental disability;

                              (a.1)    prescribing services that may be provided by a Community Board;

                                 (b)    respecting the membership of a Board and the terms of office of Board members;

                                 (c)    respecting the nomination of members for a Board;

                                 (d)    respecting limiting the natural person powers of a Board;

                                 (e)    respecting the dissolution of and the winding‑up of the activities of a Board.

(2)  The Minister may make regulations

                                 (a)    respecting to whom a Community Board must give notice of its meetings;

                                 (b)    respecting Boards’ plans;

                                 (c)    respecting the standards to be followed by Boards in the management and provision of services to adults with developmental disabilities;

                                 (d)    requiring Boards to keep records, how they must be kept and what they must contain;

                                 (e)    respecting the types of electronic systems to be used by Boards for data transmission and storage and the standards that those systems must meet;

                                  (f)    respecting the sharing of information among Boards and service providers;

                                 (g)    respecting the notice of appeal form;

                                 (h)    respecting appeal panels, appeals and the decisions of a Community Board that are exempt from appeal;

                                  (i)    respecting conflict of interest matters affecting members of Community Boards;

                                  (j)    respecting the functions, powers and duties of

                                           (i)    the chair of a Community Board, and

                                          (ii)    the chief executive officer of a Community Board;

                                 (k)    respecting the collection, use or disclosure of information, including personal information, for the purposes of administering this Act.

RSA 2000 cP‑8 s23;2006 c25 s21

Review

24   The Minister must begin a comprehensive review of this Act within 3 years after June 18, 1997 and must submit to the Legislative Assembly, within one year after beginning the review, a report that includes any amendments recommended by the Minister.

1997 cP‑4.06 s24

Expiry

25   This Act expires on December 31, 2010 unless it is continued for a further period by an order of the Lieutenant Governor in Council.

RSA 2000 cP‑8 s25;2008 c23 s1