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Voluntary Blood Donations Act

BILL NO. 37

(as introduced)

1st Session, 63rd General Assembly
Nova Scotia
66 Elizabeth II, 2017



Private Member's Bill



Voluntary Blood Donations Act



Tammy Martin
Cape Breton Centre



First Reading: October 10, 2017

Second Reading:

Third Reading:

An Act to Maintain and Preserve
Voluntary Blood Donations in Nova Scotia

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Voluntary Blood Donations Act.

2 In this Act,

(a) "blood" means human blood and includes whole blood and blood constituents;

(b) "blood collection facility" means a place where blood is taken or collected from the human body;

(c) "inspector" means a person appointed as an inspector by the Minister;

(d) "Minister" means the Minister of Health and Wellness;

(e) "payment" means remuneration, compensation or consideration of any value and of any kind, and includes reimbursement for time, travel or expenditures of any kind.

3 This Act does not apply to Canadian Blood Services and the individuals who give blood to Canadian Blood Services.

4 No person shall provide or offer to provide payment to any individual in return for the giving of blood by that individual, either directly or indirectly.

5 No person shall accept any payment in return for the giving of blood, either directly or indirectly.

6 (1) Subject to Section 11, the Minister shall appoint inspectors for the purpose of this Act.

(2) The Minister may delegate to any person any power conferred or duty imposed on the Minister by this Act.

7 (1) Subject to subsection (2), an inspector may, at any reasonable time, enter upon the premises of a blood collection facility or any place the inspector reasonably believes is being used as a blood collection facility, to make an inspection for the purpose of this Act or the regulations.

(2) An inspector may not enter a private dwelling except

(a) with the consent of the occupant of the place; or

(b) pursuant to an order to enter and inspect obtained pursuant to Section 8.

(3) An inspector has such other powers and duties as are prescribed by the regulations.

(4) Upon an inspection under this Section, an inspector may

(a) require the production of any documents or records for inspection and copying;

(b) inspect the physical premises and equipment; and

(c) inquire into matters that relate to compliance with the requirements of this Act or the regulations.

8 (1) Notwithstanding anything contained in this Act, where a judge of the Supreme Court of Nova Scotia is satisfied on evidence under oath by an inspector that

(a) there are reasonable grounds to believe it is appropriate for the administration of this Act for the inspector to do anything set out in Section 7; and

(b) the inspector may not be able to carry out duties under this Act effectively without an order under this Section because

(i) no person is present to grant access to premises that are locked or otherwise inaccessible,

(ii) a person has denied the inspector access to premises or there are reasonable grounds for believing that a person may deny the inspector access to premises,

(iii) a person has prevented the inspector from doing anything set out in Section 7 or denied the inspector access to any thing, as a result of which the inspector in unable to do anything set out in Section 7,

(iv) there are reasonable grounds to believe that a person may prevent an inspector from doing anything set out in Section 7, or may deny the inspector access to any thing as a result of which the inspector may be unable to do anything set out in Section 7,

(v) it is unpractical, because of the remoteness of the premises to be inspected or because of any other reason, for the inspector to obtain an order under this Section without delay if access is denied, or

(vi) there are reasonable grounds to believe that an attempt by the inspector to do anything set out in Section 7 without the order might defeat the purpose of that Section or cause an adverse effect,

the judge may issue an order authorizing the inspector to do anything set out in Section 7 that is specified in the order for the period set out in the order.

(2) The period referred to in subsection (1) may not extend beyond 30 days after the date on which the order is made, but the order may be renewed for any reason set out in subsection (1) for one or more periods, each of which may not be more than 30 days.

(3) An application pursuant to subsection (2) may be made before or after the expiry of the period.

(4) An order under this Section may be issued or renewed on application without notice.

9 (1) Every person who contravenes this Act or the regulations is guilty of an offence and liable on summary conviction to

(a) for a first offence, a fine of not more than $10,000; or

(b) for a second or subsequent offence, to a fine of not more than $50,000.

(2) Notwithstanding subsection (1), where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the violation of the Act is guilty of the offence and is liable on summary conviction to

(a) for a first offence, a fine of not more than $100,000; or

(b) for a second or subsequent offence, to a fine of not more than $500,000.

10 (1) The Governor in Council may make regulations

(a) prescribing powers and duties of inspectors;

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

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

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

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

11 The money required for the purpose of the Act must be paid out of money appropriated for that purpose by the Legislature.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2017 Crown in right of Nova Scotia. Created October 10, 2017. Send comments to legc.office@novascotia.ca.