Medical Services Act

CHAPTER 281

OF THE

REVISED STATUTES, 1989

NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act to Restrict
the Privatization of Medical Services

Short title

1 This Act may be cited as the Medical Services Act. R.S., c. 281, s. 1.

Purpose of Act

2 The purpose of this Act is to prohibit the privatization of the provision of certain medical services in order to maintain a single high-quality health-care delivery system for all Nova Scotians. R.S., c. 281, s. 2.

Interpretation

3 In this Act,

(a) "designated medical service" means a medical service designated pursuant to the regulations;

(b) "Minister" means the Minister of Health and Fitness. R.S., c. 281, s. 3.

Prohibition

4 No person shall perform or assist in the performance of a designated medical service other than in a hospital approved as a hospital pursuant to the Hospitals Act. R.S., c. 281, s. 4.

No reimbursement

5 Notwithstanding the Health Services and Insurance Act, a person who performs or for whom is performed a medical service contrary to this Act is not entitled to reimbursement pursuant to that Act. R.S., c. 281, s. 5.

Offence

6 (1) Every person who contravenes this Act is guilty of an offence and liable upon summary conviction to a fine of not less than ten thousand dollars nor more than fifty thousand dollars.

Order to comply

(2) Where a person is guilty of an offence pursuant to subsection (1), the court may, in addition to any other penalty it may impose, order the person to comply with the provision of this Act the violation for which that person has been convicted.

Consent to prosecution

(3) No action or prosecution for a contravention of this Act shall be commenced without the leave of the Attorney General having first been obtained in writing. R.S., c. 281, s. 6.

Injunctive relief

7 Notwithstanding any other provision of this Act, where designated medical services are being performed contrary to this Act, the Minister may, at any time, apply to a judge of the Supreme Court for an injunction, and the judge may make any order that in the opinion of the judge the case requires. R.S., c. 281, s. 7.

Regulations

8 (1) The Governor in Council, on the recommendation of the Minister, may make regulations

(a) after consultation by the Minister with the Medical Society of Nova Scotia, designating a medical service for the purpose of this Act;

(b) defining "medical service";

(c) defining any word or expression used in this Act and not defined therein;

(d) respecting any matter or thing that the Minister considers necessary or advisable to carry out effectively the intent and purpose of this Act.

Regulations Act

(2) The exercise by the Governor in Council of the authority contained in subsection (1) shall be regulations within the meaning of the Regulations Act. R.S., c. 281, s. 8.

Conflict with another enactment

9 Where there is a conflict between this Act or the regulations and any other enactment, this Act and the regulations prevail. R.S., c. 281, s. 9.

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