BILL NO. 290
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
1 Charles III, 2023
Private Member's Bill
Health-care Workers' Whistle-blower Protection Act
Elizabeth Smith-McCrossin
Cumberland North
First Reading: March 30, 2023
Second Reading:
Third Reading:
An Act to Protect Whistle-blowing
by Health-care Workers
1 This Act may be cited as the Health-care Workers' Whistle-blower Protection Act.
2 The purpose of this Act is to protect and encourage the disclosure of wrongdoing and matters in the public interest by health-care workers.
"Commissioner" means the Whistle-blower Commissioner appointed under Section 6;
(a) in relation to a department or agency of government, the deputy of the member of the Executive Council presiding over a department or agency; and
(b) in relation to another body or organization, the owner, chief executive officer or other person in charge of the operations of the body or organization;
"health-care worker" means any person employed in the provision of medical care, whether or not the person is a licensed medical professional;
"medical officer of health" means a medical officer of health appointed under the Health Protection Act;
"personal health information" has the same meaning as in the Personal Health Information Act;
(c) termination of employment;
(d) any measure that adversely affects an employee's employment or working conditions; or
(e) a threat to take any of the measures in clauses (a) to (d);
"whistle-blower" means a health-care worker or an employee of the Government or a health authority who makes a report or disclosure under Section 7.
4 This Act binds the Crown in right of the Province.
5 In the event of a conflict between this Act and any other enactment, the enactment with the stronger protection for the health-care worker prevails.
6 (1) A panel consisting of the Chief Justice of Nova Scotia, the Speaker of the House of Assembly and one person nominated by the Council of the Regulated Health Professions Network shall appoint a person as the Whistle-blower Commissioner.
(2) The panel may make an appointment under subsection (1) by majority vote, but shall attempt to reach a consensus wherever possible.
(3) The Commissioner shall serve for a term of five years and may be re-appointed for a single further term of five years.
(4) Subject to Section 11, the Commissioner shall be paid remuneration in accordance with the regulations.
(5) The Commissioner may not be removed from office without cause.
7 No reprisal may be taken against a health-care worker or an employee of the Government or a health authority in relation to
(a) a report to a medical officer of health of a notifiable disease made under Section 31 of the Health Protection Act;
(b) a report made to the health-care worker's supervisor or employer respecting a matter of occupational health and safety, including sexual harassment and workplace violence;
(c) a report made to the Commissioner respecting any matter, including the disclosure of personal health information in a confidential and secured manner;
(d) a disclosure on any matter made privately to the health-care worker's legal counsel or union representative, including the disclosure of personal health information in a confidential and secured manner;
(e) a report of unprofessional conduct, misconduct or conduct unbecoming the profession made to a regulatory body of a health profession;
(f) a report of suspected criminal activity to a police service;
(g) a disclosure made to a member of the House of Assembly or to a journalist relating to working conditions or patient care in general terms that does not disclose any personal health information; or
(h) a disclosure of a category prescribed by the regulations.
8 (1) A whistle-blower may file a complaint with the Commissioner respecting a reprisal or apparent reprisal taken against the whistle-blower in contravention of Section 7.
(2) The Commissioner may investigate a complaint under subsection (1) or may direct that an appropriate agency or body investigate the complaint.
(3) Subject to subsection (5), the Commissioner may make public any information in a complaint or found in an investigation that the Commissioner believes is in the public interest to make public.
(4) Subject to subsection (5), where the Commissioner determines that it is not in the public interest to make information public, the Commissioner may disclose information privately to
(b) the head of any affected agency, body or organization; or
(c) any other person, if the disclosure would advance the public interest.(5) The Commissioner may not make public or disclose personal health information under this Section without the consent of the person to whom the information relates.
9 A person who violates Section 7 is guilty of an offence and liable to a fine of not more than $50,000 for an individual and not more than $250,000 for a person who is not an individual.
10 (1) The Governor in Council may regulations
(a) prescribing additional categories of disclosure permitted under Section 7;
(b) respecting the remuneration of the Commissioner.(2) The exercise by the Governor in Council of the power contained in subsection (1) is a regulation within the meaning of the Regulations Act.
11 The money required for the purpose of subsection 6(4) 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 © 2023 Crown in right of Nova Scotia. Created March 30, 2023. Send comments to legc.office@novascotia.ca.
