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Third Party Liability Claims Regulations

made under

Section 19 of the

Health Services and Insurance Act

R.S.N.S. 1989, c. 197

O.I.C. 2003-301 (June 27, 2003, effective July 1, 2003), N.S. Reg. 127/2003

Citation

1 These regulations may be cited as the Third Party Liability Claims Regulations .

Definitions

2 In these regulations,

(a) “Act” means the Health Services and Insurance Act ;

(b) “general damages” means non-pecuniary losses and future pecuniary losses;

(c) “special damages” means pecuniary losses prior to a trial.

Application

3 These regulations apply where an injured person and Her Majesty in the right of the

Province share pro rata in a recovery referred to in subsection 18(5A) of the Act as a

result of a claim by the injured person respecting care, services or benefits referred to

in subsection 18(1) of the Act.

Payment of pro rata share to Her Majesty the Queen in right of the Province

4 An injured person or a person acting on their behalf shall, within 30 days after receipt

of recovered funds, provide the Minister with a cheque payable to the Minister of

Finance for the Province’s share of the recovered costs.

[Note: Effective October 22, 2013, the reference to the Minister of Finance should be read as a

reference to the Minister of Finance and Treasury Board in accordance with Order in Council 2013-348 under the Public Service Act , R.S.N.S. 1989, c. 376.]

Affidavits

(1) An affidavit containing the information prescribed in subsection (2) shall be

provided to the Minister from each of

(

a) the injured person, or a person acting on their behalf, to accompany the

cheque provided pursuant to

Section 4;

(

b) the person against whom the claim was made, or a person acting on their

behalf, within 30 days after the payment of the proceeds of the claim to the

injured person; and

(

c) the person who paid the proceeds of the claim to the injured person, or a

person acting on behalf of the payor, within 30 days after the payment of

the proceeds of the claim to the injured person.

(2) Each affidavit required by subsection (1) shall include the following details:

(

a) the names of the injured person and the person against whom the claim was

made;

(

b) the name of any barrister and solicitor or other person acting on behalf of

either party, if applicable;

(

c) the total costs of the care, services, and benefits referred to in subsection

18(1) of the Act that were claimed by the injured person;

(

d) whether the claim was settled or judgement was obtained and when;

(

e) in the case of a settlement, the amount of general damages and the amount

of special damages that the person making the affidavit reasonably believes

the injured person was entitled to recover;

(

f) in the case of a judgement, the amount for general damages and the amount

of special damages awarded to the injured person;

(

g) the amounts recovered by the injured person for general damages and for

special damages;

(

h) a statement affirming that the amount recovered for special damages in

clause (

g) bears the same proportion to the amount awarded for special

damages in clause (f), as the amount recovered for general damages in

clause (

g) bears to the amount awarded for general damages in clause (f);

and

(

i) the amount of the pro rata share of the recovered costs that is due to Her

Majesty the Queen in right of the Province under subsection 18(5A) of the

Act.

Fees

6 If a barrister and solicitor recovers a sum in respect of the cost of care, services or

benefits referred to in subsection 18(1) of the Act, the fee to be paid to the barrister and

solicitor shall be calculated as follows:

(a) 15% of the first $5000.00 recovered;

(b) 10% of the next $10 000.00 recovered; and

(c) 5% of that amount recovered in excess of $15 000.00.