85

 

 

Second Session, 50th General Assembly

3 Charles III, 2024

BILL 85

AN ACT TO AMEND THE PROVINCIAL HEALTH AUTHORITY ACT AND THE FATALITIES INVESTIGATIONS ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE JOHN HOGAN, KC

Minister of Health and Community Services and Attorney General

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Provincial Health Authority Act to

ˇ         authorize the Provincial Health Authority to determine whether remains are unclaimed remains in accordance with the regulations;

ˇ         authorize the Provincial Health Authority to dispose of unclaimed remains; and

ˇ         allow the Minister of Health and Community Services to direct an owner or operator of a cemetery to provide interment for unclaimed remains at the rate set by the Minister.

This Bill would amend the Fatalities Investigations Act to

ˇ         add a definition of Provincial Health Authority;

ˇ         clarify the role of the Chief Medical Examiner in relation to disposal of certain bodies;

ˇ         authorize the Chief Medical Examiner to consult with the Provincial Health Authority respecting unclaimed remains and make recommendations to the Provincial Health Authority respecting the disposition of unclaimed remains;

ˇ         protect the Chief Medical Examiner, a medical examiner, an investigator or an officer or employee of the Chief Medical Examiner's office from liability when exercising a power or duty, in good faith, under the Act; and

ˇ         incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE PROVINCIAL HEALTH AUTHORITY ACT AND THE FATALITIES INVESTIGATIONS ACT

Analysis

              PROVINCIAL HEALTH AUTHORITY ACT

        1.   S.2 Amdt.
Definitions

        2.   S.4 Amdt.
Powers of the minister

        3.   S.20.1 Added

              Responsibilities of authority re: unclaimed remains

        4.   S.36 Amdt.
Regulations            

              FATALITIES INVESTIGATIONS ACT

        5.   S.2 Amdt.
Definitions

        6.   S.8 Amdt.
Employment related deaths

        7.   S.9 Amdt.
Possession and release of body

        8.   S.10 Amdt.
Duties of medical examiner

        9.   S.11 Amdt.
Duties of investigator

      10.   S.12 Amdt.
Powers of medical examiner

      11.   S.13.1 Amdt.
Child Death Review Committee

      12.   S.13.2 Amdt.
Review by committee

      13.   S.17 Amdt.
Disposal of certain bodies

      14.   S.17.1 Added

              Unclaimed remains

      15.   S.18 Amdt.
Return of items seized

      16.   S.21 Amdt.
Cremation or export of bodies

      17.   S.25 Amdt.
Recommendation to the minister

      18.   S.27 Amdt.
Notification of possible offence

      19.   S.28 Amdt.
Offence

      20.   S.28.1 Added

              No cause of action

      21.   Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

PROVINCIAL HEALTH AUTHORITY ACT

SNL2022 cP-30.1

        1. Section 2 of the Provincial Health Authority Act is amended by deleting the period after paragraph (p) and substituting a semi-colon and the word "and" and adding immediately after paragraph (p) the following:

             (q)  "unclaimed remains" means the body of a deceased person that

                      (i)  meets the requirements prescribed in the regulations, and

                     (ii)  has not been claimed.

 

        2. Section 4 of the Act is amended by adding immediately after subsection (2) the following:

             (3)  The minister may direct an owner or operator of a cemetery to provide interment for unclaimed remains at the rate set by the minister.

 

        3. The Act is amended by adding immediately after section 20 the following:

Responsibilities of authority re: unclaimed remains

   20.1 (1) The authority is responsible for overseeing the disposition of unclaimed remains in accordance with this Act and the regulations.

             (2)  In carrying out its responsibilities, the authority shall

             (a)  determine whether a body is unclaimed remains;

             (b)  comply with the requirements prescribed in the regulations before arranging for the disposition of unclaimed remains;

             (c)  consult with the Chief Medical Examiner regarding the disposition of unclaimed remains and follow any recommendations of the Chief Medical Examiner in relation to the disposition of unclaimed remains; and

             (d)  arrange for the disposition of unclaimed remains in accordance with the regulations.         

 

        4. (1) Section 36 of the Act is amended by adding immediately after paragraph (b) the following:          

         (b.1)  prescribing requirements for the purposes of subparagraph 2(q)(i);

             (2)  Section 36 of the Act is amended by adding immediately after paragraph (f) the following:

          (f.1)  prescribing requirements for the purposes of paragraph 20.1(2)(b);

          (f.2)  respecting the disposition of unclaimed remains;

FATALITIES INVESTIGATIONS ACT

SNL1995 cF-6.1
as amended

        5. (1) Paragraph 2(j) of the Fatalities Investigations Act is repealed and the following substituted:

              (j)  "pathologist" means a physician who is a specialist in pathology as recognized by the College of Physicians and Surgeons of Newfoundland and Labrador or by the hospital with which the physician is employed;

             (2)  Section 2 of the Act is amended by adding immediately after paragraph (k) the following:

         (k.1)  "Provincial Health Authority" means the Provincial Health Authority established under the Provincial Health Authority Act;

 

        6. Section 8 of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

 

        7. Subsection 9(1) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the medical examiner".

 

        8. (1) Subsection 10(2) of the Act is amended by

             (a)  deleting the words "he or she" wherever they appear and substituting the words "the medical examiner"; and

             (b)  deleting the words "his or her" and substituting the words "the medical examiner's".

             (2)  Subsection 10(3) of the Act is amended by

             (a)  deleting the words "he or she" wherever they appear and substituting the words "the medical examiner"; and

             (b)  deleting the words "him or her" and substituting the words "the medical examiner".

             (3)  Subsection 10(4) of the Act is amended by deleting the words "he or she" and substituting the words "the medical examiner".

 

        9. (1) Paragraph 11(1)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the medical examiner's".

             (2)  Subsection 11(2) of the Act is amended by deleting the words "his or her" and substituting the words "the member's".

 

      10. (1) Subsection 12(1) of the Act is amended by

             (a)  deleting the words "his or her" and substituting the words "the medical examiner's"; and

             (b)  deleting the words "he or she" wherever they appear and substituting the words "the medical examiner or investigator".

             (2)  Subsection 12(2) of the Act is amended by

             (a)  deleting the words "his or her authorization" and substituting the words "the medical examiner's authorization"; and

             (b)  deleting the words "his or her investigation" and substituting the words "the medical examiner's or investigator's investigation".

             (3)  Subsection 12(4) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the Chief Medical Examiner".

 

      11. (1) Subsection 13.1(4) of the Act is repealed and the following substituted:

             (4)  The Chief Medical Examiner shall, by virtue of the Chief Medical Examiner's office, be a member of the committee.

             (2)  Subsection 13.1(7) of the Act is amended by deleting the words "he or she" and substituting the words "the committee member".

 

      12. Subsection 13.2(3) of the Act is amended by deleting the words "his or her" and substituting the words "the medical examiner's".

 

      13. Subsection 17(1) of the Act is repealed and the following substituted: 

Disposal of certain bodies

      17. (1) Where a body that is in the possession of the Chief Medical Examiner is unidentified or unclaimed and an investigation under this Act indicates that the body is likely to remain unidentified or unclaimed, the Chief Medical Examiner shall arrange for the storage of the body for a period of 7 days from the completion of the investigation.

 

      14. The Act is amended by adding immediately after section 17 the following:

Unclaimed remains

   17.1 (1) Where the Chief Medical Examiner receives a request for consultation under section 20.1 of the Provincial Health Authority Act, the Chief Medical Examiner shall

             (a)  review the information provided by the Provincial Health Authority; and

             (b)  recommend to the Provincial Health Authority the actions to be taken before the disposition of the unclaimed remains, where the Chief Medical Examiner is of the opinion that further actions are required before disposing of the unclaimed remains.

             (2)  In determining whether to make recommendations under paragraph (1)(b), the Chief Medical Examiner shall consider

             (a)  the requirements under the Provincial Health Authority Act and the regulations under that Act; and

             (b)  any factors the Chief Medical Examiner determines necessary.

 

      15. Section 18 of the Act is amended by deleting the words "he or she" and substituting the words "the medical examiner or investigator".

 

      16. Section 21 of the Act is amended by deleting the words "he or she" and substituting the words "the medical examiner".

 

      17. Subsection 25(1) of the Act is amended by deleting the words "he or she" and substituting the words "the Chief Medical Examiner".

 

      18. Section 27 of the Act is amended by

             (a)  deleting the words "his or her" and substituting the words "the medical examiner's"; and

             (b)  deleting the words "he or she" and substituting the words "the medical examiner".

 

      19. Section 28 of the Act is amended by deleting the words "his or her" and substituting the words "the medical examiner's or investigator's".

 

      20. The Act is amended by adding immediately after section 28 the following:

No cause of action

   28.1 An action for damages does not lie against the minister, the Chief Medical Examiner, a medical examiner, an investigator or an officer or employee of the Chief Medical Examiner's office personally for anything done or omitted in good faith in the performance or intended performance of a duty or the exercise or intended exercise of a power under this Act, or for a neglect or default in the performance, or intended performance, of a duty, or the exercise or intended exercise, of a power, in good faith, under this Act.

Commencement

      21. This Act comes in force on January 1, 2025.

ŠKing's Printer