The purpose of this Communiqué is to highlight a few of
the amendments made by the Committee and which now form part of the
final legislation. We set out a full review of Bill 8 as it existed
after its reintroduction in July 2014 in our Health
Communiqué, Broader Public Sector Accountability Bill
Following the consultation process, the Committee made a number
of changes to the Broader Public Sector Executive Compensation
Act, 2014 ("Executive Compensation Act"),
most of which were minor. The most significant change to the
Executive Compensation Act relates to the compensation
plan of a designated executive that exists when the Government
introduces a compensation framework that would cover that
executive. In the original legislation, the compensation plan that
was already in effect would continue to apply even if it exceeded
the compensation framework imposed by the Government - the
designated executive's compensation plan would be
"grandfathered" in that case. Now, with the passage of
Bill 8, the length of this "grandfathering" a
compensation plan will be three years on any existing compensation
plan from the time a compensation framework is regulated. As such,
three years after a compensation framework is imposed, it will
prevail over any existing compensation plan of a designated
Amendments were also made to the functions of the patient
ombudsman under the Excellent Care for All Act, 2010. In
the original Bill, the ombudsman's functions were only with
respect to complaints made by a patient of a health sector
organization and other prescribed persons. In recognition of the
major role and support caregivers provide to individuals who are
patients of a health sector organization, amendments to the final
version of the Bill resulted in expanded functions of the patient
ombudsman to also now include a complaint made by a patient's
caregiver in relation to the patient's care and their health
care experience at a health sector organization. The meaning of
"caregiver" is a defined term that will be provided in
regulations. Additional amendments limit the term of the patient
ombudsman to five years, subject to reappointment for one
additional five-year term.
A complete listing of the Committee's amendments including
those made to the Lobbyists Registration Act and the Provincial
Advocate for Children and Youth Act and the final version of
Bill 8 that received Royal Assent can be found on the Legislative Assembly Website. With the
exception of one amendment to the Legislative Assembly Statute
Law Amendment Act that came into force when Bill 8 received
Royal Assent, the rest of the provisions will come into force on a
day to be named by proclamation of the Lieutenant Governor.
We invite you to contact us regarding any questions you may have
on the passing of Bill 8, and the impact the new legislation will
have on your organization.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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