Medical Services Act

Link to law: http://nslegislature.ca/legc/statutes/medservs.htm
Published: 2016-01-05

Medical Services Act

CHAPTER 281 OF THE REVISED STATUTES, 1989

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 theprovision 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 servicedesignated 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 adesignated medical service other than in a hospital approved as a hospitalpursuant to the Hospitals Act. R.S., c. 281, s. 4.

No reimbursement
5 Notwithstanding the Health Services and Insurance Act, a personwho performs or for whom is performed a medical service contrary tothis 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 anoffence and liable upon summary conviction to a fine of not less than tenthousand 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 theperson to comply with the provision of this Act the violation for whichthat person has been convicted.

Consent to prosecution
(3) No action or prosecution for a contravention of this Act shall becommenced without the leave of the Attorney General having first beenobtained in writing. R.S., c. 281, s. 6.

Injunctive relief
7 Notwithstanding any other provision of this Act, where designatedmedical services are being performed contrary to this Act, the Ministermay, at any time, apply to a judge of the Supreme Court for aninjunction, and the judge may make any order that in the opinion of thejudge the case requires. R.S., c. 281, s. 7.

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

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

(b) defining "medical service";

(c) defining any word or expression used in this Act and notdefined therein;

(d) respecting any matter or thing that the Minister considersnecessary or advisable to carry out effectively the intent andpurpose of this Act.

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

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