Acts and Regulations

H-3 - Health Services Act

Full text
Subrogation rights
5(1)Where as a result of the negligence or wrongful act of another, a person suffers personal injuries for which he receives entitled services under this Act or the regulations, he shall have the same right to recover the cost of those services against the person guilty of the negligence or wrongful act as he would have had if he, himself, had been required to pay for the services.
5(2)Where under subsection (1), a person recovers a sum in respect of entitled services received by him under this Act or the regulations, he shall forthwith pay such sum recovered to the Province.
5(3)Her Majesty the Queen in right of the Province shall be subrogated to the rights of a person under this section to recover any sum paid for entitled services rendered to that person, and an action may be maintained by Her Majesty, either in Her own name or in the name of that person, for recovery of such sum.
5(4)It shall not be a defence to an action brought by Her Majesty under subsection (3) that a claim for damages has been adjudicated upon unless the claim included a claim for the sum paid for entitled services, and it shall not be a defence to an action for damages for personal injuries brought by a person who has received entitled services that an action taken by Her Majesty under subsection (3) has been adjudicated upon.
5(5)No release or settlement of a claim or judgment based upon a cause of action for damages for personal injuries in a case where the injured person has received entitled services under this Act or the regulations is binding upon Her Majesty unless the Minister or a person designated by him has approved the release or settlement in writing.
5(6)Where a person whose act or omission resulted in personal injuries to another is insured by a liability insurer carrying on business in the Province, the liability insurer is liable to and shall pay to the Province any amount referable to a claim for recovery of the cost of entitled services that would otherwise be paid to the insured person and payment of that amount to the Province discharges the liability of the insurer to pay that amount to the insured person or to any person claiming under or on behalf of the insured person.
5(7)In an action under this section, a certificate signed or purporting to be signed by or on behalf of the Minister, may be received and considered by the court for the purposes of this Act and the regulations as evidence of the contents thereof, and also of the office, authority and signature of the person signing, without proof of his appointment, authority or signature.
5(8)This section applies to costs for entitled services incurred after May 12, 1972.
1971, c.6, s.5
Subrogation rights
5(1)Where as a result of the negligence or wrongful act of another, a person suffers personal injuries for which he receives entitled services under this Act or the regulations, he shall have the same right to recover the cost of those services against the person guilty of the negligence or wrongful act as he would have had if he, himself, had been required to pay for the services.
5(2)Where under subsection (1), a person recovers a sum in respect of entitled services received by him under this Act or the regulations, he shall forthwith pay such sum recovered to the Province.
5(3)Her Majesty the Queen in right of the Province shall be subrogated to the rights of a person under this section to recover any sum paid for entitled services rendered to that person, and an action may be maintained by Her Majesty, either in Her own name or in the name of that person, for recovery of such sum.
5(4)It shall not be a defence to an action brought by Her Majesty under subsection (3) that a claim for damages has been adjudicated upon unless the claim included a claim for the sum paid for entitled services, and it shall not be a defence to an action for damages for personal injuries brought by a person who has received entitled services that an action taken by Her Majesty under subsection (3) has been adjudicated upon.
5(5)No release or settlement of a claim or judgment based upon a cause of action for damages for personal injuries in a case where the injured person has received entitled services under this Act or the regulations is binding upon Her Majesty unless the Minister or a person designated by him has approved the release or settlement in writing.
5(6)Where a person whose act or omission resulted in personal injuries to another is insured by a liability insurer carrying on business in the Province, the liability insurer is liable to and shall pay to the Province any amount referable to a claim for recovery of the cost of entitled services that would otherwise be paid to the insured person and payment of that amount to the Province discharges the liability of the insurer to pay that amount to the insured person or to any person claiming under or on behalf of the insured person.
5(7)In an action under this section, a certificate signed or purporting to be signed by or on behalf of the Minister, may be received and considered by the court for the purposes of this Act and the regulations as evidence of the contents thereof, and also of the office, authority and signature of the person signing, without proof of his appointment, authority or signature.
5(8)This section applies to costs for entitled services incurred after May 12, 1972.
1971, c.6, s.5