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CHAPTER 195

OF THE

REVISED STATUTES, 1989

amended 1992, c. 14, s. 53; 1992, c. 16, s. 5; 1992, c. 19;
1994-95, c. 7, ss. 24-27, 150; 2000, c. 29, ss. 13, 14;
2001, c. 5, ss. 2, 3; 2004, c. 4, ss. 113(1) & (3)

NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act to Amend and
Consolidate the Acts Relating to
Public Health

Short title

รวมเกมส์ 1 This Act may be cited as the Health Act. R.S., c. 195, s. 1.

Interpretation

2 In this Act,

(a) to (n) repealed 2004, c. 4, s. 113.

(o) "Minister" means the Minister of Health;

(p) to (ae) repealed 2004, c. 4, s. 113.

R.S., c. 195, s. 2; 1992, c. 14, s. 53; 1992, c. 19, s. 1; 1994-95, c. 7, s. 24; 2000, c. 29, s. 13; 2001, c. 5, s. 2; 2004, c. 4, s. 113; revision corrected.

PARTS I to VI (Sections 3 to 100) repealed 2004, c. 4, s. 113.

PART VII

CANCER

Report

101 (1) Every medical practitioner who attends or treats a person who has cancer or who makes a diagnosis of cancer, the superintendent of every hospital or institution in which patients are being diagnosed or treated and any other person or agency required by the Minister in writing shall, within ten days after a diagnosis of cancer in any form has been established, report the case on a form prescribed by the Minister to the Executive Director of the Cancer Treatment and Research Foundation of Nova Scotia or such other person as may be designated by the Minister.

(2) Every report made under this Part is confidential and no person engaged in the administration of this Part shall disclose any such report or any part of its contents to any person except in the performance of his duties. R.S., c. 195, s. 101.

PARTS VIII to X (Sections 102 to 130) repealed 2004, c. 4, s. 113.

PART XI

DRUG DEPENDENCY

Interpretation of Part

131 In this Part,

(a) "Board" means the Minister's Substance Abuse Advisory Board;

(b) "dependant" or "drug dependant" means an individual who has a dependency;

(c) "dependency" or "drug dependency" means a state of psychological or physical reliance, or both, on one or more chemical substances that alter mood, perception, consciousness or behaviour to the apparent detriment of the person or society, or both, as a result of the periodic or continuous use or administration of one or more chemical substances and includes the use of nicotine or alcohol, or both;

(d) "former Commission" means the Nova Scotia Commission on Drug Dependency established pursuant to Chapter 133 of the Revised Statutes, 1989, the Drug Dependency Act. 1992, c. 19, s. 6.

Advisory Board

132 (1) There may be established within the Department an advisory board, to be known as the Minister's Substance Abuse Advisory Board, composed of not fewer than six members appointed by the Governor in Council, one of whom shall be designated Chair and one of whom shall be designated Vice-chair.

(2) Each member of the Board holds office for three years or for such lesser term as is prescribed by the member's appointment and, in any case, is eligible for re-appointment.

(3) A majority of the members of the Board constitutes a quorum.

(4) Each member of the Board shall be reimbursed for reasonable travelling and other expenses necessarily incurred by the member in connection with the work of the Board, and shall be paid such remuneration as the Governor in Council from time to time determines.

(5) On, from and after the coming into force of this Section, the members of the former Commission are the members of the Board until their terms of office expire. 1992, c. 19, s. 6.

Powers of Minister

133 (1) The Minister may conduct, direct and promote programs dealing with or related to drug dependency.

(2) Programs conducted, directed or promoted by the Minister dealing with or related to drug dependency may include

(a) the treatment of drug dependants;

(b) the rehabilitation of drug dependants;

(c) the experimentation in methods of education, prevention, treatment and rehabilitation regarding drug dependency;

(d) carrying on relevant research in drug dependency;

(e) the prevention of drug dependency;

(f) education respecting the causes and effects of drug dependency;

(g) the dissemination of information respecting the recognition, prevention and treatment of drug dependency; and

(h) human growth, development and renewal as it relates to drug dependency.

(3) The Minister may

(a) establish, conduct, manage and operate hospitals, clinics and centres for the observation and treatment of, and for consultation with, drug dependants; and

(b) enter into agreements or other arrangements

Duties of Board

134 The Board shall

รวมเกมส์ (a) advise the Minister with respect to the conduct, direction, policy, legislation and promotion of programs dealing with or related to drug dependency;

(b) advise the Minister on the improvement of Government activities and services relating to drug dependency;

(c) advise the Minister in the co-ordination of activities and services relating to drug dependency to avoid duplication of such activities and services;

(d) advise the Minister on new kinds of activities and services relating to drug dependency to be operated by or under the departments or agencies of Government;

(e) perform the duties assigned to the Board by the Governor in Council or the Minister. 1992, c. 19, s. 6.

Regional advisory boards

135 (1) The Minister may appoint one or more regional advisory boards to assist the Board.

(2) A regional advisory board appointed pursuant to subsection (1) shall function in the area of the Province designated by the Minister for that regional board. 1992, c. 19, s. 6.

Confidentiality of records

136 (1) In this Section, "records" includes the records of the former Commission and the records of the Minister.

(2) The records concerning a person are confidential and shall not be made available to any person or agency except with the consent or authorization of the person concerned.

(3) Where a person is not capable of giving consent in respect of the person's records, consent may be given by the guardian of the person or, if there is no guardian, by the spouse or common-law partner of such person if the spouse or common-law partner is cohabiting with the person in a conjugal relationship or, if there is no spouse or common-law partner cohabiting with the person in a conjugal relationship, by the next of kin of that person or, if there is no next of kin, by the Public Trustee.

(4) The Minister may refuse to make available information from the records of a person if the Minister has reasonable grounds to believe it would not be in the best interest of the person to make available that information or if the information could otherwise be refused pursuant to the Freedom of Information Act.

(5) Where the Minister refuses to make available the records of a person upon a request by that person or upon authorization of that person or agency or upon authorization pursuant to subsection (3), the person requesting the records or authorized to receive the same may make application to a judge of the Supreme Court of Nova Scotia and the judge shall, in the judge's discretion, determine whether the records should be made available and to what extent.

(6) Nothing in this Section prevents the records concerning a person from being made available, disclosed or provided

(a) to a person on the staff of the Department for the purposes of this Part;

(b) to the qualified medical practitioner of the person concerned designated by the person as the person's physician;

(c) to a person authorized by court order or subpoena;

(d) to a person or agency otherwise authorized by law;

(e) pursuant to the Freedom of Information Act;

(f) to a hospital as defined by the Hospitals Act. 1992, c. 16, s. 5; 1992, c. 19, s. 6; 2000, c. 29, s. 14; 2001, c. 5, s. 3.

Substituted reference

137 A reference in any Act of the Legislature or in any rule, order, regulation, by-law, ordinance or proceeding or in any document whatsoever to the Nova Scotia Commission on Drug Dependency, shall as regards any subsequent transaction, matter or thing be held and construed to be a reference to the Minister. 1992, c. 19, s. 6.

Powers of Minister respecting trusts

138 The Minister may administer grants, gifts or bequests accepted and administered by the former Commission and the Minister may execute any instrument required or necessary for carrying into effect the terms, conditions or trusts prescribed by the grantor, donor or testator and the Minister is bound by such terms, conditions or trusts. 1992, c. 19, s. 6.

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