Fatality Investigations Act in Effect

The Fatality Investigations Act comes into effect today, April 4. The Act changes the way sudden or unexplained deaths are investigated in Nova Scotia.

"The legislative framework under which our medical examiner system works has been streamlined and modernized," said Justice Minister Jamie Muir. "There are more clearly defined roles and responsibilities and a greater recognition of the importance and autonomy of the Office of the Chief Medical Examiner."

The Act says the medical examiner's office should be notified when a person dies: as the result of violence, accident or suicide; unexpectedly when in good health; when not under the care of a physician; where the cause of death is undetermined and if improper or negligent treatment is suspected.

Notification must also occur when an individual dies in custody or in a health-care facility if the death is the result of violence, suicide, accident or if negligence is suspected. The office must also be advised in the case of neonatal deaths when maternal injury has occurred or is suspected. Notification is also required if a death occurs within 10 days of an operative procedure.

The process regarding fatality inquiries also changes. Recommendations are now made to the minister of Justice from the chief medical examiner. The minister must be satisfied that an inquiry is consistent with the purpose of the Act, is in the public interest or in the interest of public safety before he directs that an inquiry be held.