BILL NO. 174
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
71 Elizabeth II, 2022
Private Member's Bill
Health Protection Act
(amended)
The Honourable Iain Rankin
Timberlea–Prospect
First Reading: April 20, 2022
Second Reading:
Third Reading:
Explanatory Note
This Bill removes the power of the Minister of Health and Wellness to appoint and give direction to the Chief Medical Officer of Health. Instead, the Chief Medical Officer becomes an officer of the House of Assembly with similar protections as the Chief Electoral Officer has under the Elections Act.
An Act to Amend Chapter 4
of the Acts of 2004,
the Health Protection Act
1 (1) Clause 6(1)(a) of Chapter 4 of the Acts of 2004, the Health Protection Act, as amended by Chapter 32 of the Acts of 2014, is further amended by striking out "a Chief Medical Officer of Health," in the first line.
(2) Clause 6(2)(a) is repealed.
2 Chapter 4 is further amended by adding immediately after Section 6 the following Section:
- 6A (1) Subject to the approval of the House of Assembly by majority vote, the Governor in Council shall appoint a qualified physician to be the Chief Medical Officer.
(2) The Chief Medical Officer is an officer of the House of Assembly.
(3) Subject to subsection (4), the Chief Medical Officer holds office for a term not exceeding ten years and may be re-appointed to further terms of office.
(4) The Governor in Council may only remove the Chief Medical Officer for cause or incapacity on the passing by the House of Assembly of a resolution carried by a vote of two thirds of the members voting thereon.
(5) Upon written advice of the President of the Executive Council and the Leader of the Opposition, the Governor in Council may, at any time the House of Assembly is not sitting, suspend the Chief Medical Officer for cause or incapacity, but the suspension does not continue in force beyond the end of the ensuing sitting of the House of Assembly.
(6) For greater certainty, no member of the Executive Council shall prevent or attempt to prevent the Chief Medical Officer from communicating directly with the public on any health issue the Chief Medical Officer sees fit.
3 Section 7 of Chapter 4 amended by adding ", other than the Chief Medical Officer," immediately after "officers" in the first line.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2022 Crown in right of Nova Scotia. Created April 20, 2022. Send comments to legc.office@novascotia.ca.
