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Statutes of Newfoundland 1991


CHAPTER 13

AN ACT TO AMEND THE EVIDENCE ACT

(Assented to May 31, 1991)

Analysis

1. S.6.1 Added
Inadmissible evidence

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


RSN 1970 c.115
as amended

1. The Evidence Act is amended by adding immediately after section 6 the following:

Inadmissible evidence

6.1 (1) In this section

(a) "legal proceeding" includes an action, inquiry, arbitration, judicial inquiry or civil proceeding in which evidence may be given and also includes a proceeding before a board, commission or tribunal; and

(b) "witness" includes a person who, in a legal proceeding

(i) is examined orally for discovery,

(ii) is cross examined on an affidavit made by that person,

(iii) answers interrogatories,

(iv) makes an affidavit as to documents, or

(v) is called on to answer a question or produce a document, whether under oath or not.

(2) This section applies to the following committees:

(a) the Provincial Perinatal Committee,

(b) a quality assurance committee of a member, as defined under The Hospital and Nursing Home Association Act, and

(c) a peer review committee of a member, as defined under The Hospital and Nursing Home Association Act.

(3) No report, statement, evaluation, recommendation, memorandum, document or information, of, or made by, for or to, a committee to which this section applies shall be disclosed in or in connection with a legal proceeding.

(4) Where a person appears as a witness in a legal proceeding, that person shall not be asked and shall not

(a) answer a question in connection with proceedings of a committee set out in subsection (2); or

(b) produce a report, evaluation, statement, memorandum, recommendation, document or information of, or made by, for or to, a committee to which this section applies.

(5) Subsections (3) and (4) do not apply to original medical or hospital records pertaining to a person.

(6) Where a person is a witness in a legal proceeding notwithstanding that he or she

(a) is or has been a member of;

(b) has participated in the activities of;

(c) has made a report, evaluation, statement, memorandum or recommendation to; or

(d) has provided information or a document to

a committee set out in subsection (2) that person is not, subject to subsection (4), excused from answering a question or producing a document that he or she is otherwise bound to answer or produce.

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