NEWFOUNDLAND AND LABRADOR
REGULATION 72/07

Commission of Inquiry on Hormone Receptor Testing Order
under the
Public Inquiries Act, 2006
(O.C. 2007-300)

(Filed July 3, 2007)

Under the authority of section 3 of the Public Inquiries Act, 2006, the Lieutenant-Governor in Council makes the following Order.

Dated at St. John's, July 3, 2007.

Gary Norris
Clerk of the Executive Council

ORDER

Analysis

        1.   Short title

        2.   Commission of inquiry established

        3.   Terms of reference

        4.   Conclusions or recommendations limited

        5.   Final report

        6.   Commencement

Short title

        1. This order may be cited as the Commission of Inquiry on Hormone Receptor Testing Order.

Commission of inquiry established

        2. There is established a commission of inquiry on hormone receptor testing and the Honourable M.A. Cameron is appointed as the sole member of the commission.

Terms of reference

        3. The commission of inquiry shall

             (a)  inquire into why the estrogen and progesterone hormone receptor tests done between 1997 and 2005 in the Newfoundland and Labrador health system resulted in a high rate of conversions when re-tested;

             (b)  inquire into why the problem with the estrogen and progesterone hormone receptor tests was not detected until 2005, whether it could have been detected at an earlier date, and whether testing protocols during that period between 1997 and 2005 were reasonable and appropriate;

             (c)  inquire into whether, once detected, the responsible authorities responded and communicated in a timely manner to those women and men who needed re-tests and those who were being tested for the first time;

             (d)  inquire into whether, once detected, the responsible authorities communicated in an appropriate and timely manner with the general public and internally within the health system about the issues and circumstances surrounding the change in test results and the new testing procedures;

             (e)  advise whether the estrogen and progesterone hormone receptor testing systems and processes and quality assurance systems currently in place are reflective of "best practice"; and

              (f)  make the recommendations that the commission of inquiry considers necessary and advisable relating directly to the matters of public concern referred to in paragraphs (a) to (e).

Conclusions or recommendations limited

        4. The commission of inquiry shall not express any conclusion or recommendation regarding the civil or criminal responsibility of any person or organization.

Final report

        5. The commission of inquiry shall terminate its work and deliver the final report to the Minister of Health and Community Services, who shall be the minister responsible for the commission of inquiry, on or before July 30, 2008.

Commencement

        6. This Order shall come into force on July 3, 2007.

©Earl G. Tucker, Queen's Printer