BILL NO. 10

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007

Government Bill

Gunshot and Stab Wounds Mandatory Reporting Act

The Honourable Cecil P. Clarke
Minister of Justice

First Reading: November 23, 2007

Second Reading: November 29, 2007

Third Reading: December 13, 2007 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

An Act Respecting the Mandatory
Reporting of Gunshot and Stab Wounds

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Gunshot and Stab Wounds Mandatory Reporting Act.

2 In this Act,

(a) "district health authority" means a district health authority as defined in the Health Authorities Act.

(b) "facility" means a prescribed facility;

(c) "hospital" means a hospital as defined in the Hospitals Act;

(d) "local police service" means the detachment of the Provincial Police or the municipal police department responsible pursuant to the Police Act for providing police services to the area in which a hospital, facility or service is located;

(e) "Minister" means the member of the Executive Council who is charged with the administration of this Act by the Governor in Council;

(f) "prescribed" means prescribed by the regulations;

(g) "service" means an emergency ambulance service, emergency health service, fire service, medical service or prescribed service.

3 (1) Every hospital, facility or service that treats an individual for a gunshot or stab wound shall disclose to the local police service

(a) the fact that an individual is being treated, or has been treated, for a gunshot or stab wound;

(b) the individual's name, if known; and

(c) the name and location of the hospital, facility or service.

(2) Subsection (1) applies whether or not the treatment by an employee of a hospital, facility or service is at the premises of the hospital, facility or service.

(3) The disclosure required pursuant to subsection (1) must be made orally by the prescribed person as soon as it is reasonably practicable to do so without interfering with the individual's treatment or disrupting the regular activities of the hospital, facility or service.

4 Nothing in this Act prevents a hospital, facility or service from disclosing information to a local police service that the hospital, facility or service, as the case may be, is otherwise by law permitted or authorized to disclose.

5 No action or other proceeding lies or shall be instituted against a district health authority, a hospital, facility or service, a director, officer or employee of a district health authority, hospital, facility or service or any other person, if that person is acting pursuant to the authority of this Act or the regulations, for anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the regulations or in the carrying out or supposed carrying out of any responsibility imposed by this Act or the regulations.

6 (1) The Governor in Council may make regulations

(a) prescribing facilities and services for the purpose of this Act;

(b) respecting the manner and timing of disclosure of information pursuant to this Act, including prescribing the person or class of persons responsible for making the disclosure on behalf of a hospital, facility or service;

(c) exempting any person or class of persons from all or any part of this Act, and prescribing any circumstance in which all or any part of this Act does not apply;

(d) defining any word or expression used in this Act but not defined in this Act;

(e) further defining any word or expression defined in this Act;

(f) respecting any other matter or thing the Governor in Council considers necessary or advisable to carry out the purpose and intent of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

7 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.