Acts and Regulations

E-11 - Evidence Act

Section 43.3
Disposition versions

Full text
Hospital committee
43.3(1)In this section
“hospital corporation” Repealed: 2002, c.1, s.5
“legal proceeding” means a proceeding in any court, including a proceeding for the imposition of punishment by fine, penalty or imprisonment to enforce an Act of the Legislature or a regulation made under that Act;(procédure légale)
“regional health authority” means a regional health authority as defined in the Regional Health Authorities Act;(régie régionale de la santé)
“witness” includes a person who, in connection with, or in the course of, a legal proceeding, is called upon to provide information, to answer, orally or in writing, a question or to produce a document, whether under oath or not.(témoin)
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 regional health authority 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 regional health authority or a committee established by the regional health authority, 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 regional health authority 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.
43.3(3)Subsection (2) does not apply to
(a) records maintained by regional health authorities as required by the Hospital Act or the Regional Health Authorities Act or the regulations under those Acts, or
(b) medical records maintained by attending physicians pertaining to a patient.
43.3(3.1)Paragraph (2)(c) does not restrict or displace any privilege that arises under section 43.1 or otherwise.
43.3(4)A committee referred to in subsection (2) does not include a medical advisory committee exercising its functions respecting surgical and other privileges of the medical staff.
43.3(5)Notwithstanding that a witness
(a) is or has been a member of,
(b) has participated in the activities of, or
(c) has prepared a document for or has provided information to,
a committee referred to in subsection (2), that witness is not, subject to subsection (2), excused from answering any question or producing any document that that witness is otherwise bound to answer or produce.
1987, c.19, s.1; 1999, c.38, s.1; 2002, c.1, s.5
Hospital committee
43.3(1)In this section
“hospital corporation” Repealed: 2002, c.1, s.5
“legal proceeding” means a proceeding in any court, including a proceeding for the imposition of punishment by fine, penalty or imprisonment to enforce an Act of the Legislature or a regulation made under that Act;
“regional health authority” means a regional health authority as defined in the Regional Health Authorities Act;
“witness” includes a person who, in connection with, or in the course of, a legal proceeding, is called upon to provide information, to answer, orally or in writing, a question or to produce a document, whether under oath or not.
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 regional health authority 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 regional health authority or a committee established by the regional health authority, 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 regional health authority 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.
43.3(3)Subsection (2) does not apply to
(a) records maintained by regional health authorities as required by the Hospital Act or the Regional Health Authorities Act or the regulations under those Acts, or
(b) medical records maintained by attending physicians pertaining to a patient.
43.3(3.1)Paragraph (2)(c) does not restrict or displace any privilege that arises under section 43.1 or otherwise.
43.3(4)A committee referred to in subsection (2) does not include a medical advisory committee exercising its functions respecting surgical and other privileges of the medical staff.
43.3(5)Notwithstanding that a witness
(a) is or has been a member of,
(b) has participated in the activities of, or
(c) has prepared a document for or has provided information to,
a committee referred to in subsection (2), that witness is not, subject to subsection (2), excused from answering any question or producing any document that that witness is otherwise bound to answer or produce.
1987, c.19, s.1; 1999, c.38, s.1; 2002, c.1, s.5