BILL 30

 

An Act to Amend the Coroners Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Coroners Act, chapter C-23 of the Revised Statutes, 1973, is amended

(a) by adding after the definition "coroner" the following definition:

"medical practitioner" means a person lawfully entitled to practice medicine in the Province and includes a medical officer of Her Majesty’s Armed Forces serving in the Province;

 

(b) in the English version of the definition "peace officer" by striking out the period at the end of the definition and substituting a semicolon;

(c) by adding after the definition "peace officer" the following definitions:

"place of secure custody" means a place designated as a place of secure custody under the Custody and Detention of Young Persons Act or the Young Offenders Act (Canada);

"place of temporary detention" means a place designated as a place of temporary detention under the Custody and Detention of Young Persons Act or the Young Offenders Act (Canada).

 

2 Section 4 of the Act is amended by adding after paragraph (a) the following:

(a.1) during pregnancy or following pregnancy in circumstances that might reasonably be attributable to the pregnancy;

(a.2) suddenly and unexpectedly;

(a.3) from disease or sickness for which there was no treatment given by a medical practitioner;

3 Section 6 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

6(1) Where a person dies while a prisoner in a penitentiary, jail, correctional institution, place of secure custody or place of temporary detention, the person in charge of the penitentiary, jail, correctional institution, place of secure custody or place of temporary detention shall immediately give notice of the death to the Chief Coroner.

(b) by repealing subsection (3).

4 Subsection 11(1) of the Act is amended by striking out "direct a legally qualified medical practitioner" and substituting "direct a medical practitioner".

5 Paragraph 54(b) of New Brunswick Regulation 92-84 under the Hospital Act is repealed.

 

6 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

(a) The term "medical practitioner" is defined.

(a) Consequential amendment relating to the amendment made under paragraph 1(b) of this amending Act.

 

(b) The terms "place of secure custody" and "place of temporary detention" are defined.

Section 2

The existing provision is as follows:

4 Every person who has reason to believe that a person died

 

(a) as a result of

(i) violence,

(ii) misadventure,

(iii) negligence,

(iv) misconduct, or

(v) malpractice;

(b) from any cause other than disease or natural causes; or

(c) under such circumstances as may require investigation;

shall, unless he knows that a coroner has already been notified, immediately notify a coroner of the facts and circumstances relating to the death.

Section 3

(a) The existing provision is as follows:

6(1) Where a person dies while a prisoner in a penitentiary, jail or correctional institution, the warden or superintendent of the penitentiary, jail or correctional institution shall immediately give notice of the death to the Chief Coroner.

 

(b) The existing provision is as follows:

6(3) Where a person dies in a hospital facility within twenty-four hours after admission, the senior administrative officer of the hospital facility, or the person acting in that capacity, shall immediately give notice of the death to the coroner.

Section 4

Consequential amendment relating to the amendment made under paragraph 1(a) of this amending Act.

Section 5

Consequential amendment relating to the amendment made under section 2 of this amending Act.

Section 6

Commencement provision