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BILL NO. 159

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019


Private Member's Bill


Fatality Investigations Act


Tammy Martin
Cape Breton Centre

First Reading: September 26, 2019

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill requires a physician to notify a medical examiner or investigator if a person the physician is attending dies and there is reason to believe that the person was recently in a health-care facility or in the custody of an institution.

An Act to Amend Chapter 31
of the Acts of 2001,
the Fatality Investigations Act

Be it enacted by the Governor and Assembly as follows

1 Chapter 31 of the Acts of 2001, the Fatality Investigations Act, is amended by adding immediately after Section 11 the following Section:

    11A Where a person dies and there is reason to believe that within the ninety days before that person's death that person was

    (a) in a health-care facility and the person died, directly or indirectly, as a result of a circumstance referred to in subsection 10(1);

    (b) detained or in custody in a correctional institution such as a jail, penitentiary, guard room, remand centre, detention centre, youth facility, lock-up or any other place where a person is in custody or detention;

    (c) an inmate in a hospital or a facility as defined in the Hospitals Act;

    (d) in an institution designated in the regulations;

    (e) in the custody of the Minister of Community Services pursuant to the Children and Family Services Act;

    (f) detained by or in the custody of a peace officer; or

    (g) the subject of the use of force by a peace officer while on duty,

    the physician attending that person at the time of that person's death shall immediately notify a medical examiner or investigator.

2 Clause 41(1)(g) of Chapter 31 is amended by adding "or 11A" immediately after "11" in the second line.


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