Health Statutes Amendment Act, 2024 (No. 2)

Summary#

• Bill 26 makes wide changes across Alberta’s health laws. Its main goals are to replace “provincial health boards” with new “provincial health corporations,” set rules for how these corporations work, and give ministers clearer oversight and control.

• It also bans gender-affirming surgeries for minors right away and plans tighter limits on hormone therapy for minors at a later date set by the government.

• The bill updates public health emergency rules, labour relations, privacy rules, and how health assets can be managed and moved.

• Key changes:

  • Creates provincial health corporations that can deliver health services, run health system operations, and give advice. Members are appointed and can be removed by the responsible minister.
  • Lets ministers issue binding directions to these corporations and, if needed, replace their members with an official administrator.
  • Immediately bans sex reassignment surgeries for people under 18; hormone therapy for minors (puberty blockers or hormone replacement) would require a minister’s authorization when that part takes effect.
  • Adds new transparency tools (for example, some one-person health bodies must publish decisions within 72 hours, with privacy safeguards).
  • Updates the Public Health Act with a preamble and a broader definition of “public health emergency.”
  • Adjusts labour laws to include the new corporations in essential services and bargaining rules.
  • Allows transfers of health facility real estate to the provincial government as early as April 1, 2025.
  • Expands who can handle health information to include the Department and Minister of Seniors, Community and Social Services.

What it means for you#

• Patients and families

  • Gender-affirming care for minors:
    • Surgery is now banned for anyone under 18.
    • Puberty blockers or hormone therapy for minors would only be allowed if the Minister authorizes it; this rule will start on a future date set by the government.
  • Complaint processes: Health organizations that deliver care must maintain a process to handle patient complaints.

• Transgender youth and their caregivers

  • Surgery is not allowed before age 18.
  • Access to puberty blockers or hormones for minors will depend on a minister’s authorization once that part of the law takes effect.

• Health professionals

  • You may not perform sex reassignment surgeries on minors.
  • You may not prescribe puberty blockers or hormone therapy to minors unless a minister’s authorization allows it (when that rule is in force).
  • New structures (provincial health corporations) may change who your employer is and how directives are given.

• Health system employees and unions

  • The Labour Relations Code now treats provincial health corporations similarly to other health employers for essential services, bargaining, and strike/lockout rules.

• Taxpayers and the public

  • More centralized oversight: Ministers can direct, audit, and, if needed, take over provincial health corporations.
  • Some decisions by one-person health bodies must be published quickly, with exceptions to protect privacy and safety.

• Seniors, Community and Social Services clients

  • The department and minister are now recognized as health information “custodians,” which can affect how your health information is collected, used, and shared within legal limits.

Expenses#

Estimated annual cost: No publicly available information.

• The bill sets up new structures and powers (like creating corporations and oversight tools), but no clear public cost estimate has been released.
• Some items (like asset transfers and setting up corporations) could shift costs within government, but the net impact is not stated.

Proponents' View#

• This modernizes Alberta’s health system. New corporations give government flexible tools to organize services and fix problems faster.
• Stronger oversight improves accountability. Ministers can issue directions, require audits and reports, and step in quickly if things go off track.
• Clearer public health emergency rules help Alberta respond faster and more effectively to outbreaks or other health threats.
• Publishing decisions for certain one-person bodies improves transparency while protecting privacy.
• Limits on gender-affirming procedures for minors protect young people from irreversible decisions while the system studies long-term outcomes.
• Labour law updates reduce confusion by fitting the new corporations into existing essential services and bargaining rules.

Opponents' View#

• The bill centralizes power. Ministers can create, direct, and dissolve health corporations, dismiss members, and take over operations, which critics say risks politicizing care.
• It could open the door to more private-style delivery. Rules allow corporations to charge fees for some goods and services and to pay individuals directly for care, which some fear may lead to two-tier access.
• Restrictions on gender-affirming care for minors may harm transgender youth by delaying or denying needed care and worsening mental health.
• Adding more bodies as health information custodians raises privacy concerns about who sees and shares sensitive data.
• Frequent structural changes (new corporations, asset transfers) could distract from frontline care and create uncertainty for staff and patients.
• Transparency may still be uneven because many details depend on future regulations, and most changes start on a date set later by the government.