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Death Review Committee Regulations

made under

Section 41A of the

Fatality Investigations Act

S.N.S. 2001, c. 31

N.S. Reg. 138/2021 (effective October 26, 2021)

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Composition of Committees

Quorum of Committee

Term of membership

Remuneration and reimbursements

Duties of Chair

Duties of Vice-chair

Meetings

Agreements to facilitate work of Committee

Publication of portion of review reports

Child Death Review Committee annual report

Assessment of available data on critical injuries

Domestic Violence Death Review Committee annual report

Records of reports

Citation

1 These regulations may be cited as the Death Review Committee Regulations .

Definitions

2 In these regulations,

“Act” means the Fatality Investigations Act ;

“Chair” means the Chief Medical Examiner, designated as Chair of all Committees

by subsection 39E(5) of the Act;

“member” means a person appointed under

Section 3 to serve on a committee;

“review report” means a written report of a Committee prepared under

Section

39G of the Act;

“Vice-chair” means the Vice-chair of a Committee designated by the Minister

under subsection 39E(6) of the Act.

Composition of Committees

(1) A Committee may consist of any of the following members in addition to the

Chair:

(

a) employees of the public service, who must be appointed to the Committee

by the Deputy Minister of the department in which they are employed;

(

b) persons not employed in the public service, who must be appointed to the

Committee by the Chair.

(2) A Committee must have a minimum of 5 members, including the Chair.

Quorum of Committee

(1) Two-thirds of the members of a Committee constitute a quorum.

(2) A Committee must not approve the Committee’s final report in the absence of a

quorum.

Term of membership

(1) Members are appointed for a 3-year term and may be reappointed.

(2) There is no limit on the number of terms a member can serve.

(3) A member’s appointment may be revoked by the person who made the

appointment or that person’s successor.

Remuneration and reimbursements

(1) Members not employed in the public service or not otherwise receiving

compensation from their employer for their participation on the Committee must

be paid $125 for each half day or $250 for each full day of participation in duly

called Committee meetings.

(2) Members are entitled to be reimbursed for actual and reasonable expenses they

incur in the discharge of their duties, but reimbursement for those expenses must

not exceed that normally payable to members of the public service.

(3) Members described in clause 3(1)(

a) must submit their expense claims in

accordance with government policy and procedure.

(4) Members described in clause 3(1)(

b) must submit their expense claims to the

Chair.

Duties of Chair

(1) The Chair has general supervision and direction over the conduct of a Committee

and is responsible for the administration of all Committees.

(2) The duties described in subsection (1) include the performance of all of the

following tasks:

(

a) reporting to the Minister, as required, respecting the activities of a

Committee;

(

b) consulting with the Minister regarding the appointment of a Vice-chair of a

Committee;

(

c) convening Committee meetings;

(

d) in consultation with members, determining the procedure to be followed by

a Committee in carrying out its responsibilities;

(

e) liaising with the Public Prosecution Service to ensure the review of a

specific death does not interfere with a criminal investigation or prosecution

in accordance with

Section 39F of the Act.

Duties of Vice-chair

8 The Vice-chair must exercise any duties the Chair assigns to the Vice-chair.

Meetings

9 A Committee must meet a minimum of 2 times per year.

Agreements to facilitate work of Committee

10 With the approval of the Minister, the Chair may enter into agreements to facilitate the

work of a Committee.

Publication of portion of review reports

(1) Within a reasonable time after receiving a review report, the Minister must make

public the portion of the report that details the Committee’s advice and

recommendations to the Minister on preventing similar deaths.

(2) The Minister must ensure that any personal information or other information that

would identify or enable the identification of the following is removed from any

portion of a review report before it is made public under subsection (1):

(

a) the persons whose deaths were the subject of the report;

(

b) persons referred to in

Section 94 of the Children and Family Services Act .

Child Death Review Committee annual report

(1) The Child Death Review Committee must provide the Minister with an annual

report for publication that includes all of the following:

(

a) descriptions of trends in deaths of residents of the Province who are under

age 25;

(

b) the Committee’s recommendations for system improvements aimed at

reducing the number of deaths of residents of the Province who are under

age 25;

(

c) a

summary of the Committee’s recommendations for system improvements

arising out of its review of individual child deaths during the year.

(2) Publication of the report described in subsection (1) may include publication by

electronic means.

Assessment of available data on critical injuries

(1) No later than 18 months after the date these regulations come into force, the Child

Death Review Committee must provide the Minister with an assessment of

available data on critical injuries sustained by children in Nova Scotia and a

recommendation as to how the available data may inform the committee’s work.

(2) The assessment of available data described in subsection (1) must include all of the

following:

(

a) the proposed definition of “critical injuries”;

(

b) the age range to be utilized in the analysis of critical injuries data;

(

c) a list of sources of available data and information on critical injuries that

could be used by the committee to inform its work and a determination of

the authority of the committee to collect and utilize that data and

information;

(

d) a list of additional resources or types of expertise required to enable the

committee to obtain and analyze critical injuries data;

(

e) the proposed mechanism and frequency of public reporting of critical

injuries data (e.g., through inclusion in the Committee’s annual report);

(

f) any additional information the Committee determines it is necessary to

include.

Domestic Violence Death Review Committee annual report

(1) The Domestic Violence Death Review Committee must provide the Minister with

an annual report for publication that includes all of the following:

(

a) descriptions of trends in deaths reviewed by the Committee;

(

b) a

summary of the Committee’s recommendations for system improvements

arising out of its review of individual domestic violence deaths during the

year.

(2) Publication of the report described in subsection (1) may include publication by

electronic means.

Records of reports

15 The Chair must maintain electronic records of the reports of all Committees.

Legislative History

Reference Tables

Death Review Committee Regulations

N.S. Reg.

138/2021

Fatality Investigations Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Death Review Committee Regulations made

under the Fatality Investigations Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

138/2021

Oct 26, 2021

date specified

Nov 5, 2021

The following regulations are not yet in force and

are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

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

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.