BILL 67

 

An Act to Amend the Evidence Act

 

 

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

1 Section 43.3 of the Evidence Act, chapter E-11 of the Revised Statutes, 1973, is amended

(a) in subsection (1) by adding the following before the definition "legal proceeding":

"hospital corporation" means a hospital corporation as defined in the Hospital Act;

(b) by repealing subsection (2) and substituting the following:

43.3(2) A witness, whether a party to a legal proceeding or not, is excused from

(a) providing any information as to any proceeding before a committee established by a hospital corporation to conduct any study, research or program for the purpose of medical education or improvement in medical or hospital care or practice,

(b) producing any document made by or for a hospital corporation or a committee established by the hospital corporation, prepared for the purpose of being used in the course of, or arising out of, any study, research or program the dominant purpose of which is medical education or improvement in medical or hospital care or practice, and

(c) disclosing any written or verbal opinion that

(i) is provided to a hospital corporation or to a committee referred to in this subsection when it is investigating an occurrence, and

 

(ii) is an opinion as to the standard of the medical or hospital care or practice that was provided by any person in the circumstances under investigation.

(c) by repealing paragraph (3)(a) and substituting the following:

(a) records maintained by hospital corporations as required by the Hospital Act or the regulations, or

(d) by adding after subsection (3) the following:

43.3(3.1) Paragraph (2)(c) does not restrict or displace any privilege that arises under section 43.1 or otherwise.

2 The amendments in this Act do not apply in a legal proceeding that has been commenced before this Act comes into force.

EXPLANATORY NOTES

Section 1

(a) A definition is added.

(b) The existing provision is as follows:

43.3(2) A witness, whether a party to a legal proceeding or not, is excused from

(a) providing any information as to any proceeding before a committee established by a hospital to conduct any study, research or program for the purpose of medical education or improvement in medical or hospital care or practice, and

(b) producing any document made by a hospital or by a committee established by the hospital, prepared exclusively for the purpose of being used in the course of, or arising out of, any study, research or program, the dominant purpose of which is medical education or improvement in medical or hospital care or practice.

(c) The existing provision is as follows:

43.3(3) Subsection (2) does not apply to

(a) records maintained by hospitals as required by the Public Hospitals Act or the regulations, or

(b) medical records maintained by attending physicians pertaining to a patient.

(d) The new paragraph 43.3(2)(c) does not restrict or displace any other privilege, including the privilege that section 43.1 establishes for "any part of an investigative report in which an opinion is expressed "

Section 2

Application provision.