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Fatality Investigations Regulations

made under Section 41 of the

Fatality Investigations Act

S.N.S. 2001, c. 31

O.I.C. 2003-145 (April 4, 2003), N.S. Reg. 81/2003

as amended by O.I.C. 2008-410 (August 6, 2008), N.S. Reg. 347/2008


Citation

1     These regulations may be cited as the Fatality Investigations Regulations.


Interpretation

2     In these regulations,

 

                (a)    “medical service unit” or “unit” means the factor used in identifying the complexity of a medical service for the purpose of calculating the monetary value of the service;

 

                (b)    “Nova Scotia Medical Examiner Service” means the organization through which the Chief Medical Examiner coordinates the services provided for in the Act and any other enactments under which a role is assigned to the Chief Medical Examiner or the delegate of the Chief Medical Examiner; and

 

                (c)    “unit value” means the monetary value of a medical service unit as negotiated in the Medical Agreement between the Medical Society of Nova Scotia and the Province of Nova Scotia for the purpose of calculating fees for Provincially- insured medical services, as set out in Schedule A.


Appointments by Chief Medical Examiner

3     (3)    The Chief Medical Examiner must maintain at the office of the Nova Scotia Medical Examiner Service a current list of medical examiners and investigators holding appointments under the Act.

Subsections 3(1)-(2) repealed: O.I.C. 2008-410, N.S. Reg. 347/2008.


Oath of office

4     An oath in the following form, with the necessary changes, is prescribed for the purpose of subsections 3(5) and 4(2) of the Act:


Oath to be taken by Chief Medical

Examiner or Medical Examiner

 

I, . . . . . . . . . . ., of . . . . . . . . . ., in the County of . . . . . . . . . ., make oath and say that I will well and faithfully perform all such duties as devolve upon me in the office of chief medical examiner (or medical examiner, as the case may be) for the Province of Nova Scotia without fear, favour or partiality and according to the best of my knowledge and ability.

 

Sworn at ......................................,

in the County of .......................... ,

on ..............................., 20...........,

before me,

 

..................................................................................................................

(A Judge of the Supreme Court (or Provincial

Court as the case may be) of Nova Scotia)


Medical examiners’ fees

5     (1)    The fees payable to a medical examiner for one of the following services are calculated by multiplying the stated number of units for the service by the appropriate unit value based on date of the service:

 

ServiceNumber of Units

 

                (a)    viewing a body at a hospital or other appropriately

equipped facility and preparing all necessary reports..........................50

 

                (b)    viewing a body at a scene of death, other than a

hospital or other appropriately equipped facility,

and preparing all necessary reports............................................base 50 + 50/hr.

 

                (c)    viewing a body at a hospital or other appropriately

equipped facility, conducting an external examination,

taking fluids for toxicological examination and preparing

all necessary reports, if no autopsy is performed................................100

 

                (d)    completion of a medical certificate of death in

accordance with the Vital Statistics Act............................................12.5

 

                (e)    reviewing a request for, and completing a certificate for,

release for cremation as provided in Section 20 of the Act.................25

 

                (f)     being on call as Acting Chief Medical Examiner, for each day...........75

 

                (g)    attending at an inquiry as required, for each hour...............................75

 

       (2)    A service listed in clause (1)(b), (c) or (g) is subject to a 35% premium fee for any hours worked from Saturday at 5:00 p.m. to the next following Monday at 8:00 a.m.

 

       (3)    No fee is payable to a medical examiner under clause (1)(d) if the medical examiner is entitled to any other fee under subsection (1) with respect to the same death.


Medical examiners’ allowances

6     The following allowances may be paid to a medical examiner:

 

                (a)    reimbursement for actual and necessary travel at the rate paid from time to time to employees of the Government of Nova Scotia when using privately owned vehicles in the course of their employment;

 

                (b)    when traveling by means other than a privately owned vehicle, reimbursement for the actual, necessary and reasonable return fare;

 

                (c)    the actual, necessary and reasonable expenses, supported by receipts, incurred in conducting an investigation.


Fees related to autopsies

7     (1)    The fees payable to a pathologist for one of the following services are calculated by multiplying the stated number of units for the service by the appropriate unit value based on date of the service:

 

ServiceNumber of Units

 

                (a)    a complete autopsy, with or without brain examination,

in accordance with the standards established by the Chief

Medical Examiner, including internal and external

examination and, if required, collection of fluids for

toxicology, tissue retrieval and microscopic examination,

as well as preparation and submission of appropriate reports:............250

 

                (b)    a complete autopsy, with or without brain examination,

in accordance with the standards established by the

Chief Medical Examiner, including internal and external

examination and, if required, collection of fluids for

toxicology, tissue retrieval and microscopic examination,

as well as preparation and submission of appropriate reports,

if it is reasonably foreseeable that information from the

pathologists will be considered in relation to potential

judicial proceedings:............................................................................375

 

                (c)    services provided in a complex case arising under

clause (a) or (b) that requires unusual involvement by

the pathologist, such as visits to the scene or other

unusually extensive examination, if the time or activity

required exceeds the norm for a complete autopsy

described in clause (b), or a case involving incomplete

remains:.................................................................................see subsection (3)

 

       (2)    A service listed in clause (1)(a) or (b) is subject to a 35% premium fee for any hours worked on a week-end or on a statutory holiday.

 

       (3)    For payment for services in a complex case as described in clause (1)(c), the pathologist may submit to the Chief Medical Examiner an explanation in writing of the case, together with a recommended fee, not to exceed $225.00 per hour over and above the basic fee calculated pursuant to clause (1)(a) or (b).

 

       (4)    Upon receipt from a pathologist of an explanation and fee recommendation pursuant to subsection (3), the Chief Medical Examiner must examine the merits of the case and pay the appropriate remuneration as determined by the Chief Medical Examiner after consulting with the pathologist.

 

       (5)    The fee payable for     

 

                (a)    a toxicological testing procedure, other laboratory test or X-ray, or expert interpretation by a toxicologist, radiologist or other similar professional service is calculated at the rate of pay established in Nova Scotia for Provincially-insured medical services;

 

                (b)    a dental service is calculated at the market rate for the service established by the membership of the Nova Scotia Dental Association;

 

                (c)    another professional consulting or technical service provided by a person with appropriate forensic knowledge is calculated at the market rate for the service; and

 

                (d)    the completion of a medical certificate of death by a physician authorized by a medical examiner under subsection 5(6) of the Act is calculated by multiplying the applicable unit value by 12.5 units.

 

       (6)    A pathologist who agrees to remain available on a stand-by basis to perform services on the request of a Medical Examiner must be paid a fee calculated by multiplying the applicable unit value by 50 units for each day served on stand-by, plus a 35% premium fee for any hours served on stand-by on a week-end or statutory holiday.

 

8     Upon completion or discontinuance of an inquiry and transmission to the Minister by the judge holding the inquiry of a statement, certified by the judge, of

 

                (a)    the judge’s expenses;

 

                (b)    witness fees and expenses; and

 

                (c)    every other charge incurred by the judge in the discharge of the judge’s responsibilities under the Act

 

in relation to the inquiry, the fees, expenses and charges must be paid by the Minister of Finance upon the request of the Minister.



Schedule A

Medical Service Unit Value


The following Medical Service Unit values were negotiated in the 2001-2004 Medical Agreement and the value of each unit is as follows during the term of the Agreement:


                April 1, 2001 - September 30, 2001........................................$1.89

                October 1, 2001 - March 31, 2002............................................1.93

                April 1, 2002 - September 30, 2002..........................................1.97

                October 1, 2002 - March 31, 2003............................................2.01

                April 1, 2003 - March 31, 2004................................................2.05