Second

Session, 50th General Assembly

Charles III, 2024

BILL 85

AN ACT TO AMEND THE

PROVINCIAL HEALTH AUTHORITY ACT AND THE FATALITIES INVESTIGATIONS ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN

HOGAN, KC

Minister of Health

and Community Services and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Provincial

Health Authority Act to

authorize the Provincial Health

Authority to determine whether remains are unclaimed remains in accordance with

the regulations;

authorize the Provincial Health

Authority to dispose of unclaimed remains; and

allow the Minister of Health

and Community Services to direct an owner or operator of a cemetery to provide

interment for unclaimed remains at the rate set by the Minister.

This Bill would amend the Fatalities

Investigations Act to

add a definition of Provincial

Health Authority;

clarify the role of the Chief

Medical Examiner in relation to disposal of certain bodies;

authorize the Chief Medical

Examiner to consult with the Provincial Health Authority respecting unclaimed

remains and make recommendations to the Provincial Health Authority respecting

the disposition of unclaimed remains;

protect the Chief Medical

Examiner, a medical examiner, an investigator or an

officer or employee of the Chief Medical Examiner's office from liability when

exercising a power or duty, in good faith, under the Act; and

incorporate

gender-neutral language.

A BILL

AN ACT TO AMEND THE PROVINCIAL HEALTH

AUTHORITY ACT AND THE FATALITIES INVESTIGATIONS ACT

Analysis

PROVINCIAL

HEALTH AUTHORITY ACT

S.2 Amdt .

Definitions

S.4 Amdt .

Powers of the minister

S.20.1 Added

Responsibilities

of authority re: unclaimed remains

4. S.36 Amdt .

Regulations

FATALITIES

INVESTIGATIONS ACT

S.2 Amdt .

Definitions

S.8 Amdt .

Employment related deaths

S.9 Amdt .

Possession and release of body

S.10 Amdt .

Duties of medical examiner

S.11 Amdt .

Duties of investigator

S.12 Amdt .

Powers of medical examiner

S.13.1 Amdt .

Child Death Review Committee

S.13.2 Amdt .

Review by committee

S.17 Amdt .

Disposal of certain bodies

S.17.1 Added

Unclaimed

remains

S.18 Amdt .

Return of items seized

S.21 Amdt .

Cremation or export of bodies

S.25 Amdt .

Recommendation to the minister

S.27 Amdt .

Notification of possible offence

S.28 Amdt .

Offence

S.28.1 Added

cause of action

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

PROVINCIAL HEALTH AUTHORITY ACT

SNL2022 cP-30.1

Section 2 of the Provincial Health Authority

Act is amended by deleting the period after paragraph (

p) and substituting

a semi-colon and the word "and" and adding immediately after

paragraph (

p) the following:

(q) "unclaimed remains" means the body

of a deceased person that

(

i) meets the

requirements prescribed in the regulations, and

(ii) has not been claimed.

Section 4 of the Act is amended by adding

immediately after subsection (2) the following:

(3) The minister may direct an owner or operator

of a cemetery to provide interment for unclaimed remains at the rate set by the

minister.

3. The Act is amended by adding immediately after

section 20 the following:

Responsibilities

of authority re: unclaimed remains

20.1

(1) The

authority is responsible for overseeing the disposition of unclaimed remains in

accordance with this Act and the regulations.

(2) In carrying out

its responsibilities, the authority shall

(

a) determine

whether a body is unclaimed remains;

(

b) comply

with the requirements prescribed in the regulations before arranging for the

disposition of unclaimed remains;

(

c) consult

with the Chief Medical Examiner regarding the disposition of unclaimed remains

and follow any recommendations of the Chief Medical Examiner in relation to the

disposition of unclaimed remains; and

(

d) arrange

for the disposition of unclaimed remains in accordance with the regulations.

(1) Section 36 of the Act is amended by adding

immediately after paragraph (

b) the following:

(b.1) prescribing requirements for the purposes of

subparagraph 2(q)( i );

(2) Section 36 of the Act is amended by adding

immediately after paragraph (

f) the following:

(f.1) prescribing requirements for the purposes of

paragraph 20.1(2)(b );

(f.2) respecting the disposition of unclaimed remains;

FATALITIES INVESTIGATIONS ACT

SNL1995 cF-6.1

as amended

(1) Paragraph 2(

j) of the Fatalities Investigations Act is repealed and the following

substituted:

(j) "pathologist" means a physician who is a specialist in pathology as recognized

by the College of Physicians and Surgeons of Newfoundland and Labrador or

by the hospital with which the physician is employed;

(2) Section 2 of the Act is amended by adding

immediately after paragraph (

k) the following:

(k.1) "Provincial Health Authority" means

the Provincial Health Authority established under the Provincial Health

Authority Act ;

Section 8 of the Act is amended by deleting the

words "his or her" and substituting the words "the

person's".

7. Subsection 9(1) of the Act is amended by

deleting the words "he or she" wherever they appear and substituting

the words "the medical examiner".

8. (1) Subsection 10(2) of the Act is amended by

(

a) deleting the words "he or she"

wherever they appear and substituting the words "the medical

examiner"; and

(

b) deleting the words "his or her" and

substituting the words "the medical examiner's".

(2) Subsection 10(3) of the Act is amended by

(

a) deleting the words "he or she"

wherever they appear and substituting the words "the medical

examiner"; and

(

b) deleting the words "him or her" and

substituting the words "the medical examiner".

(3) Subsection 10(4) of the Act is amended by

deleting the words "he or she" and substituting the words "the

medical examiner".

9. (1) Paragraph 11(1)(

a) of the Act is amended by

deleting the words "his or her" and substituting the words "the

medical examiner's".

(2) Subsection 11(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

member's".

10. (1) Subsection 12(1) of the Act is amended by

(

a) deleting the words "his or her" and

substituting the words "the medical examiner's"; and

(

b) deleting the words "he or she"

wherever they appear and substituting the words "the medical examiner or

investigator".

(2) Subsection 12(2) of the Act is amended by

(

a) deleting the words "his or her

authorization" and substituting the words "the medical examiner's

authorization"; and

(

b) deleting the words "his or her

investigation" and substituting the words "the medical examiner's or

investigator's investigation".

(3) Subsection 12(4) of the Act is amended by

deleting the words "he or she" wherever they appear and substituting

the words "the Chief Medical Examiner".

(1) Subsection 13.1(4) of the Act is repealed

and the following substituted:

(4) The Chief Medical

Examiner shall, by virtue of the Chief Medical Examiner's office, be a member

of the committee.

(2) Subsection 13.1(7) of the Act is amended by

deleting the words "he or she" and substituting the words "the

committee member".

12. Subsection 13.2(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

medical examiner's".

13. Subsection 17(1) of the Act is repealed and the

following substituted:

Disposal of

certain bodies

(1) Where a body that is in the possession of the Chief Medical

Examiner is unidentified or unclaimed and an investigation under this Act

indicates that the body is likely to remain unidentified or unclaimed, the

Chief Medical Examiner shall arrange for the storage of the body for a period

of 7 days from the completion of the investigation.

14. The Act is amended by adding immediately after

section 17 the following:

Unclaimed remains

17.1

(1) Where

the Chief Medical Examiner receives a request for consultation under

section 20.1

of the Provincial Health Authority Act , the Chief Medical Examiner shall

(

a) review the information provided by the

Provincial Health Authority; and

(

b) recommend to the Provincial Health Authority

the actions to be taken before the disposition of the unclaimed remains, where

the Chief Medical Examiner is of the opinion that further actions are required

before disposing of the unclaimed remains.

(2) In determining whether to make recommendations

under paragraph (1)(b), the Chief Medical Examiner shall consider

(

a) the requirements under the Provincial

Health Authority Act and the regulations under that Act; and

(

b) any factors the Chief Medical Examiner determines

necessary.

Section 18 of the Act is amended by deleting

the words "he or she" and substituting the words "the medical

examiner or investigator".

Section 21 of the Act is amended by deleting

the words "he or she" and substituting the words "the medical

examiner".

17. Subsection 25(1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

Chief Medical Examiner".

Section 27 of the Act is amended by

(

a) deleting the words "his or her" and

substituting the words "the medical examiner's"; and

(

b) deleting the words "he or she" and

substituting the words "the medical examiner".

Section 28 of the Act is amended by deleting

the words "his or her" and substituting the words "the medical

examiner's or investigator's".

20. The Act is amended by adding immediately after

section 28 the following:

No cause of

action

28.1 An action for damages does not lie against the minister,

the Chief Medical Examiner, a medical examiner, an investigator or an officer

or employee of the Chief Medical Examiner's office personally for anything done

or omitted in good faith in the performance or intended performance of a duty

or the exercise or intended exercise of a power under this Act, or for a

neglect or default in the performance, or intended performance, of a duty, or

the exercise or intended exercise, of a power, in good faith, under this Act.

Commencement

21. This Act comes in force on January 1, 2025.

King's Printer