Acts and Regulations

2022-68 - Death Review Committee

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2022-68
under the
Coroners Act
(O.C. 2022-266)
Filed September 29, 2022
Under section 45 of the Coroners Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Death Review Committee Regulation – Coroners Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Coroners Act.(Loi)
“family member” means family member as defined in the Family Law Act.(membre de la famille)
“domestic violence” means family violence as defined in the Family Law Act.(violence familiale)
“member” means a member of a death review committee.(membre)
Conflict of interest
3It is a conflict of interest for a member
(a) to accept any fees, gifts, gratuities or other benefit that could reasonably be seen to influence any decision made by the member in the carrying out of their functions,
(b) for the member’s personal gain, or for the personal gain of a family member, friend or business associate of the member, to make use of the member’s position or of any information that is obtained in their position that is not available to the public,
(c) to hold an office or position, the duties, responsibilities or interests of which may interfere in any way with the member’s duties, responsibilities and interests,
(d) to express hostility or favouritism with respect to a deceased person whose death is the object of a review by a death review committee or with respect to a family member or friend of the deceased person, and
(e) to have any previous or existing personal, business or employment relationship with a deceased person whose death is the object of a review by a death review committee or with a family member or friend of the deceased person.
Statement disclosing conflict of interest
4(1)Before the Chief Coroner appoints a qualified person as a member, the Chief Coroner shall obtain a statement from the qualified person disclosing any actual or potential conflict of interest of which they have knowledge.
4(2)If a member has a conflict of interest with respect to any matter in which the death review committee is concerned, the member shall, as soon as the circumstances permit, file a statement with the Chief Coroner disclosing the nature and extent of the conflict of interest.
4(3)Any person who believes that a member has an actual or potential conflict of interest shall immediately file a statement with the Chief Coroner claiming that the person believes there is an actual or potential conflict of interest and setting out the reasons for that belief.
4(4)A statement disclosing a conflict of interest shall be made under oath or solemn affirmation and in the form and manner that the Chief Coroner considers appropriate.
Determination by Chief Coroner
5(1)Immediately after a statement referred to in section 4 is obtained by or filed with the Chief Coroner, the Chief Coroner shall
(a) determine if there is an actual or potential conflict of interest, and
(b) give notice in writing of the determination, with reasons, to
(i) the qualified person referred to in subsection 4(1), or
(ii) the member and, if a person files a statement with the Chief Coroner under subsection 4(3), to the person.
5(2)The Chief Coroner shall, in the case of a determination that there is an actual or potential conflict of interest, give the qualified person referred to in subsection 4(1) or the member directions, if any, that the Chief Coroner considers appropriate to address the actual or potential conflict of interest.
5(3)If a qualified person fails to comply with a direction given by the Chief Coroner under subsection (2), the Chief Coroner shall not appoint them as a member.
5(4)If a member fails to comply with a direction given by the Chief Coroner under subsection (2), the Chief Coroner shall remove the member from the death review committee and shall not appoint that person as a member for a period determined by the Chief Coroner.
Failure to disclose conflict of interest
6If a member fails to disclose an actual or potential conflict of interest in accordance with subsection 4(2), the Chief Coroner shall remove the member from the death review committee and shall not appoint that person as a member for a period determined by the Chief Coroner.
Disclosure of information
7For the purposes of paragraph 42.72(a) of the Act, the Chief Coroner may disclose to the government of another province or territory of Canada information, including personal information and personal health information, collected during an investigation or inquest or collected by a death review committee for the following purposes:
(a) to promote knowledge and awareness of child deaths and domestic violence;
(b) to encourage the prevention of child deaths and domestic violence;
(c) to analyse the contributing factors of child deaths and domestic violence;
(d) to improve the delivery of programs and services concerning child deaths and domestic violence;
(e) to analyse and improve resource allocation for programs and services concerning child deaths and domestic violence;
(f) to identify priority programs, strategies and initiatives concerning child deaths and domestic violence;
(g) to analyse and interpret quantitative and qualitative data concerning child deaths and domestic violence; and
(h) to promote collaboration between governments concerning child deaths and domestic violence.
Commencement
8This Regulation comes into force on October 1, 2022.
N.B. This Regulation is consolidated to September 29, 2022.