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Medical Act (amended)


(as introduced)

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

Government Bill

Medical Act

The Honourable Chris A. d'Entremont
Minister of Health

First Reading: November 27, 2007

(Explanatory Note)

Second Reading: December 4, 2007

Third Reading: December 11, 2007 (LINK TO BILL AS PASSED)

Explanatory Note

This Bill protects investigative and disciplinary material in the records of the College of Physicians and Surgeons from disclosure during legal proceedings.

An Act to Amend Chapter 10
of the Acts of 1995-96,
the Medical Act

Be it enacted by the Governor and Assembly as follows:

1 Chapter 10 of the Acts of 1995-96, the Medical Act, is amended by adding immediately after Section 66 the following Section:

66A (1) In this Section, "legal proceeding" means any civil proceeding, discovery, inquiry, proceeding before a tribunal, board of commission or arbitration, in which evidence may be given, and includes an action or proceeding for the imposition of punishment by fine, penalty or imprisonment for the violation of a Provincial enactment, but does not include any proceeding or hearing conducted pursuant to this Act or the regulations.

(2) A witness in any legal proceeding, whether a party to the proceeding or not, is excused from answering any question as to any proceedings of an investigation committee or a hearing committee, and is excused from producing any report, statement, memorandum, recommendation, document or information prepared for the purpose of the investigative, disciplinary and hearing processes of the College, including any information gathered in the course of an investigation or produced for an investigation committee, a hearing committee or staff members of the College.

(3) Subsection (2) does not apply to documents or records that have been made available to the public by the College.

(4) Unless otherwise determined by a court of competent jurisdiction, a decision of an investigation committee or a hearing committee is not admissible in a civil proceeding other than in an appeal or a review pursuant to this Act.

2 This Act has effect on and after such day as the Governor in Council orders and declares by proclamation.


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