Acts and Regulations

84-167 - General

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Full text
Current to 16 June 2023
NEW BRUNSWICK
REGULATION 84-167
under the
Hospital Services Act
(O.C. 84-580)
Filed July 16, 1984
Under section 9 of the Hospital Services Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Hospital Services Act.
2In this Regulation
“Act” means the Hospital Services Act;(loi)
“approved regional health authority” means any regional health authority listed in Schedule 1;(régie régionale de las santé agréée)
“Board” means the board of directors of a regional health authority;(direction)
“contract hospital” Repealed: 92-85
“dependant” means a resident who has been residing in the Province for not less than the period of time prescribed in section 3.1 and who is(personne à charge)
(a) the spouse of an entitled person if not maintaining a separate household, or
(b) an entitled person’s child who is under the age of nineteen, unmarried and dependent for support upon the entitled person, including
(i) an adopted child,
(ii) a child to whom a person stands in loco parentis if that person’s spouse is a parent of the child, and
(iii) a child whose parents are not married to one another;
“Director” means the Director of the Medicare Branch;(Directeur)
“entitled person” means a resident who is entitled to receive entitled services;(personne assurée)
“Federal Act” Repealed: 2016-29
“Federal hospital” means a hospital that is owned or operated by the Government of Canada;(hôpital fédéral)
“hospital services plan” means the plan of entitled services established under the Act and this Regulation;(régime de services hospitaliers)
“Insured Services Appeal Committee” means the Insured Services Appeal Committee established under the General Regulation - Medical Services Payment Act;(comité d’appel des services assurés)
“Insured Services Division” Repealed: 89-193
“liability insurer” means any person, firm, association, society or corporation that undertakes to indemnify another person against liability for loss or damage to persons or property;(assureur)
“Medical Director” Repealed: 97-24
“medical practitioner” Repealed: 2016-29
“Medicare Branch” means the Medicare Insured Services and Physician Remuneration Branch and the Medicare Eligibility and Claims Branch of the Department of Health;(Direction de l’assurance-maladie)
“members of the Royal Canadian Mounted Police force” Repealed: 2013-32
“midwife” means a midwife as defined in the Midwifery Act;(sage-femme)
“New Brunswick Medicare Card” means the card issued by the Director under section 5 of New Brunswick Regulation 84-20 under the Medical Services Payment Act;(carte d’assurance-maladie du Nouveau-Brunswick)
“nurse practitioner” means a person who is registered under the laws of the Province as authorized to practice as a nurse practitioner;(infirmière praticienne)
“participating province” Repealed: 2016-29
“private ward” means a room or ward that is designated by the regional health authority and approved by the Minister as a private ward and does not accommodate more than one patient;(chambre privée)
“Public Health and Medical Services Division” Repealed: 2013-32
“reciprocal agreement” means an agreement made with the government of any province under section 4 of the Act to establish a plan for the collection and payment of costs for entitled services;(accord bilatéral)
“resident” means a person who is legally entitled to remain in Canada and who makes a home and is ordinarily present in the Province, but does not include a tourist, a transient or a visitor to the Province;(résident)
“semi-private ward” means a room or ward that is designated by a regional health authority and approved by the Minister as a semi-private ward;(chambre semi-privée)
“shareable equipment” Repealed: 2002-29
“standard ward accommodation” means a bed in a hospital facility designated by the regional health authority and approved by the Minister as a standard ward accommodation.(lit de salle ordinaire)
87-44; 89-193; 92-85; 92-117; 97-24; 2000, c.26, s.160; 2002-29; 2002-56; 2002-89; 2006, c.16, s.86; 2013-32; 2016-29
3Regional health authorities listed in Schedule 1 are approved for the purpose of the Act and this Regulation.
92-85; 2002-56
3.1A person shall be eligible to become a dependant on the first day of the third month following the month of arrival in the Province.
2002-89
4(1)Except as otherwise provided by this Regulation, a resident shall be eligible to become an entitled person on the first day of the third month following the month of arrival in the Province.
4(2)Subject to section 17, every entitled person is eligible to receive payment or have payment made on behalf of that entitled person for entitled services received
(a) outside the Province, or
(b) while temporarily absent from the Province.
4(3)For the purposes of this section and section 17, a person is temporarily absent from the Province, where that person is absent from New Brunswick
(a) for the purpose of a business engagement but not when the period of absence exceeds 182 days in a 12-month period,
(a.1) for the purpose of a vacation or visit but not when the period of absence exceeds 212 days in a 12-month period, or
(b) for the express purpose of furthering an education in a province or country where the person is not eligible to receive or have payment made on behalf of that person for or with respect to entitled services under the plan of hospital services, if any, of that province or country and is not gainfully employed outside the Province, except during vacation periods, but not where the period of absence exceeds twelve consecutive months.
4(4)The Minister may enlarge the time during which persons meeting the requirements of paragraph (3)(a), (a.1) or (b) and their dependants shall be deemed to be temporarily absent from the Province, upon such terms as the Minister deems to be in accordance with the intention of the plan of hospital services and this section.
87-44; 92-161; 2002-89; 2014-55
5(1)Notwithstanding the definition “dependant”, a newborn child is deemed, during the first three months following its birth, to have the status of its mother or if its mother has no status, the status of its father.
5(2)An entitled person who moves outside the Province to establish a residence elsewhere remains eligible to receive entitled services in the Province or payment for or with respect to entitled services received outside the Province at the rate established in accordance with section 17 for entitled services received outside the Province,
(a) in the case of an entitled person who in the opinion of the Minister has ceased to be a resident of the Province and has established a residence elsewhere in Canada, until the first day of the third month following the month of arrival at the new residence,
(b) in the case of an entitled person who in the opinion of the Minister leaves the Province to establish residence elsewhere in Canada, subject to section 4, until twelve months after the date of departure, and
(c) in the case of an entitled person who in the opinion of the Minister has ceased to be a resident of the Province and has established residence elsewhere than in Canada, until the date the person left Canada.
87-44; 97-24; 2002-89
6(1)The following persons, whether residents or not, are not eligible to receive entitled services:
(a) the regular members of the Canadian Armed Forces;
(b) Repealed: 2013-32
(c) persons serving a term of imprisonment in a penitentiary maintained by the Government of Canada;
(d) persons who have entered the Province from another province for the purpose of furthering their education and who are eligible to apply for and to receive entitled services under the plan of hospital services, if any, of that province; and
(e) persons from another country who have entered the Province, other than
(i) immigrants who in the opinion of the Minister are or will become landed immigrants under the Immigration Act, 1976, chapter 52 of the Statutes of Canada, 1976-77,
(ii) Canadian citizens as defined in the Citizenship Act, chapter 108 of the Statutes of Canada, 1974-75-76, and
(iii) visitors, other than dependants, who have obtained authorization to enter Canada for the purposes of engaging in employment and including clergymen, priests or members of a religious order who have obtained authorization to enter Canada in connection with the carrying out of religious duties.
6(2)Dependants of the persons described in paragraphs (1)(a) and (c) residing in the Province are eligible to receive entitled services.
6(3)A person mentioned in paragraph (1)(a) or (c) shall, upon ceasing to be a person as therein mentioned and upon discharge within the Province, become an entitled person.
6(4)Persons mentioned in subparagraphs (1)(e)(i) to (iii) shall be entitled persons on the first day of the third month following the month of arrival in the Province if they will, in the opinion of the Minister, establish residence in the Province.
6(5)Notwithstanding the definition of “dependant”, the dependants of persons mentioned in subsection (4) shall also be entitled persons in accordance with the provisions of that subsection.
87-44; 92-58; 2002-89; 2013-32
7(1)A resident who wishes to become eligible to receive entitled services shall be registered along with any dependants with the Medicare Branch on a registration form provided by the Medicare Branch or be registered by a person acting on the resident’s behalf.
7(2)Repealed: 92-117
7(3)Upon admission by a hospital facility, a person who claims to be an entitled person shall produce and show a valid unexpired New Brunswick Medicare Card identifying the person to whom it was issued and signed by the person or, if the person is unable to sign, by the person’s legal representative.
87-44; 89-193; 92-85; 92-117; 97-24
8(1)Subject to subsection (2) and section 9, where a resident registers with the Medicare Branch the names of all dependants shall be stated in the registration form.
8(2)A resident who acquires a dependant after registration shall, as soon as possible, register the dependant with the Medicare Branch.
8(3)A resident shall notify the Medicare Branch
(a) when any dependants cease to be dependants, or
(b) where there is a change of address.
87-44; 89-193; 97-24
9(1)An entitled person is entitled to the following entitled services:
(a) in-patient services in a hospital facility operated by an approved regional health authority as follows:
(i) accommodation and meals at the standard ward level,
(ii) necessary nursing service,
(iii) laboratory, radiological and other diagnostic procedures, together with the necessary interpretations, for the purpose of maintaining health, preventing disease and assisting in the diagnosis and treatment of any injury, illness or disability,
(iv) drugs, biologicals and related preparations, as provided for in Schedule 2,
(v) use of operating room, case room and anaesthetic facilities, including necessary equipment and supplies,
(vi) routine surgical supplies,
(vii) use of radiotherapy facilities, where available,
(viii) use of physiotherapy facilities, where available, and
(ix) services rendered by persons who receive remuneration therefor from the regional health authority; and
(b) out-patient services in a hospital facility operated by an approved regional health authority as follows:
(i) laboratory and diagnostic procedures, together with the necessary interpretations, when referred by a medical practitioner, an oral and maxillofacial surgeon, a nurse practitioner or a midwife, where approved facilities are available,
(i.1) laboratory and diagnostic procedures together with the necessary interpretations, where approved facilities are available, when performed for the purposes of a mammography screening service that has been approved by the Minister, and
(ii) the hospital component of available out-patient services when prescribed by a medical practitioner, an oral and maxillofacial surgeon, a nurse practitioner or a midwife and provided in the out-patient facility of an approved regional health authority for the purpose of maintaining health, preventing disease and assisting in the diagnosis and treatment of any injury, illness or disability, excluding the following services:
(A) the provision of any proprietary medicines;
(B) the provision of medications for the patient to take home;
(C) diagnostic services performed to satisfy the requirements of third parties, such as employers and insurance companies;
(D) visits solely for the administration of drugs, vaccines, sera or biological products; and
(E) any out-patient service which is an entitled service under the Medical Services Payment Act.
9(2)Notwithstanding subsection (1), an entitled person who is entitled to any of the services enumerated therein under the terms of any of the statutes listed in Schedule 3 shall not be entitled to the same services under the Act or this Regulation.
9(3)Subsections (1) and (2) apply with the necessary modifications to entitled services rendered to an entitled person outside the Province.
92-85; 94-147; 97-21; 2002-29; 2002-56; 2003-50; 2016-29; 2019, c.12, s.16
10Repealed: 86-75
86-75
11Repealed: 86-75
86-75
12Every approved regional health authority shall forward to the Minister on the prescribed form:
(a) within ninety-six hours after any hospitalized person is discharged from a hospital facility or dies in a hospital facility, an admission-discharge form, showing the diagnosis of the patient’s condition at the time of discharge or the cause or probable cause of death, as the case may be, and such other information as may be required by the Minister;
(b) for each entitled person who receives services under paragraph 9(1)(b), such reports at such intervals as the Minister may from time to time require; and
(c) every thirty days, in respect of each patient who is hospitalized for thirty days or more and is an entitled person, a long stay report.
85-3; 92-85
13(1)Subject to subsections (2) to (5), the Board of every approved regional health authority shall make a direct charge to or for any patient who occupies a private ward or a semi-private ward, at a rate approved by the Minister.
13(2)Where in any hospital facility operated by an approved regional health authority the accommodation provided in private and semi-private wards constitutes more than fifty percent of the total number of beds, the Board shall designate for standard ward care the semi-private or private ward beds in excess of the fifty percent and no charge shall be made to an entitled person for entitled services supplied to such person in such beds.
13(3)Where the Board of an approved regional health authority is satisfied from the certificate of a medical practitioner, an oral and maxillofacial surgeon or a midwife on the staff of the regional health authority that it was necessary to accommodate a patient in a private ward or semi-private ward because of the patient’s condition, the Board shall waive the charge for the private ward or the semi-private ward.
13(4)The Board of an approved regional health authority shall waive the charge for a private ward or a semi-private ward in respect of a patient who required urgent admission and who, because no standard ward accommodation was available at the time, was temporarily accommodated in a private ward or semi-private ward.
13(5)With the approval of the Minister, the Board of an approved regional health authority may reserve certain designated wards for specific purposes, such as for infectious or psychiatric diseases, and where a ward so designated is a private ward or a semi-private ward, the Board shall waive the charge for its use.
13(6)The Board of every approved regional health authority shall designate the wards which are used for standard ward accommodation, private wards and semi-private wards and shall indicate the number of beds therein.
13(7)The Board of every approved regional health authority shall make a direct charge to or for a patient who is
(a) an entitled person, for any services supplied to such person which are not entitled services, or
(b) a non-entitled person, for any services,
at a rate approved by the Minister.
13(8)The Board of every approved regional health authority shall charge all patients who are not entitled to entitled services in accordance with this Regulation and any agencies or corporations who pay hospital charges on behalf of such patients at the rates approved for the hospital facility operated by the regional health authority in which the patient has received the services.
13(9)In the case of a patient who is not entitled to insured hospital services in accordance with this Regulation but who is entitled to apply for and receive entitled services under a Hospital Services Plan of a province which has entered into a reciprocal agreement with New Brunswick, the Board shall forward any charges with respect to that patient to the Minister.
92-85; 2002-29; 2003-50; 2016-29; 2019, c.12, s.16
14(1)Upon the order of a medical practitioner, an oral and maxillofacial surgeon or a midwife on the staff of an approved regional health authority, an entitled person shall be entitled to receive entitled services only for such period of time following admission by the approved regional health authority during which the entitled services are medically required.
14(2)To determine the period of time during which an entitled person is entitled to receive entitled services, the Minister may at any time and from time to time require the Board of an approved regional health authority to secure from the attending medical practitioner, the attending oral and maxillofacial surgeon or the attending midwife and forward to the Minister a written statement regarding the patient’s condition and the reason or necessity for the patient receiving entitled services or other treatment during all or any portion of the patient’s hospitalization.
14(3)As soon as the entitled person’s medical practitioner, oral and maxillofacial surgeon or midwife is of the opinion that the entitled person no longer requires to remain as a patient in a hospital facility operated by an approved regional health authority for medical reasons and the entitled person fails or refuses to leave the hospital facility, the medical practitioner, oral and maxillofacial surgeon or midwife shall advise the Board of the facts and thereupon the Minister shall cause to cease payment for such patient.
14(4)An entitled person described in subsection (3) shall be subject to a direct charge for hospital accommodation at rates established under section 13.
14(5)Repealed: 2010-63
92-85; 2002-29; 2003-50; 2010-63; 2016-29; 2019, c.12, s.16
15Where in any specific case the Minister, after consideration of the reports required under this Regulation, is of the opinion that an entitled person no longer requires entitled services, the Minister may cause to cease payment for such services.
16Notwithstanding any other provision of this Regulation, no payment shall be made toward entitled services that are, in the opinion of the Minister, not medically required.
16.1Repealed: 97-21
85-3; 97-21
17(1)In this section
“approved hospital facility” includes
(a) a hospital or facility located in a Canadian province or territory, and
(b) an acute general hospital located outside Canada recognized as such by the authorities in the jurisdiction where it is located.
17(2)Subject to subsections (5.1), (6) and (7), where an entitled person receives entitled services in an approved hospital facility outside New Brunswick, the Minister may
(a) reimburse the entitled person for the cost of such services or have payment made to the facility, or
(b) if the facility is in a province which has entered into a reciprocal agreement with New Brunswick, pay that province with respect to such services,
and such reimbursement or payment shall be made in accordance with this section.
17(2.1)Subject to subsections (6.1) and (7.1), where an entitled person is to receive entitled services, as defined under the Medical Services Payment Act, that are not available in Canada in an approved hospital facility outside Canada, the Minister may, upon request from or on behalf of the entitled person, pay an advance to the approved hospital facility in respect of entitled services, as defined under the Hospital Services Act, to be received by the entitled person in the approved hospital facility and the payment for the entitled services from the advance shall be in accordance with the rates of payment authorized under this section.
17(3)The payment made by the Minister under subsection (2) or (2.1) for in-patient services shall be:
(a) in Canada, at the rate approved by the relevant province’s hospital insurance plan;
(b) for in-patient services rendered outside Canada, one hundred dollars per day; and
(c) pursuant to a reciprocal agreement.
17(4)Repealed: 97-21
17(5)The payment made by the Minister under subsection (2) for out-patient services shall be:
(a) for out-patient services received in Canada, at the rate approved in the relevant province’s hospital insurance plan; or
(b) for out-patient services rendered outside Canada, fifty dollars per day.
17(5.1)The hospital services plan shall not provide payments of amounts in respect of the cost of entitled services provided to an entitled person outside Canada unless the services
(a) are rendered in an emergency, or
(b) are not available in Canada and the Minister has authorized the payment.
17(5.2)Notwithstanding subsection (5.1), the Minister may enter into an agreement with hospital facilities in the State of Maine to provide entitled services to entitled persons who reside in Campobello Island, and the hospital services plan may provide payments of amounts in respect of entitled services furnished to those entitled persons in those hospital facilities at the rate negotiated by the Minister.
17(6)An entitled person who receives entitled services in an approved hospital facility is not eligible to receive reimbursement or to have payment made on behalf of the entitled person for that portion of the cost of any entitled service to the entitled person or any dependents which is payable under any contract of insurance.
17(6.1)An entitled person on whose behalf an advance has been made under subsection (2.1) is not eligible to have any portion of the advance used for that portion of the cost of any entitled service provided to the entitled person that is payable under a contract of insurance.
17(6.2)Notwithstanding that an approved hospital facility is permitted to deduct from an advance made by the Minister under subsection (2.1) a portion of the cost of any entitled service or other service which would otherwise be payable under a contract of insurance, such permission to deduct and deduction, if any, shall not be taken to be an authorization or consent by the Minister for payment of those costs which would otherwise be payable under the contract of insurance.
17(7)No payment shall be made with respect to entitled services unless a receipt or account issued by the approved hospital facility is received by the Medicare Branch within twelve months after the date upon which an entitled service was rendered, unless the Minister, on the advice of the Director, otherwise directs.
17(7.1)No advance made under subsection (2.1) shall be credited as being made with respect to entitled services unless a receipt or account for the entitled services provided is issued by the approved hospital facility and is received by the Medicare Branch within twelve months after the date upon which an entitled service was rendered, unless the Minister, on the advice of the Director, otherwise directs.
17(8)Notwithstanding any other provision of this Regulation, where an account for entitled services received in an approved hospital facility cannot be apportioned into identifiable medical and hospital services, the Minister, on the advice of the Director, may direct that any portion or the totality of such account be designated as being for hospital services for purposes of payment under this Regulation.
17(9)Notwithstanding any other provision of this Regulation, the Minister, on the advice of the Insured Services Appeal Committee, may authorize payments in excess of the prescribed rates for entitled services received in an approved hospital facility if the payments do not exceed the amounts actually incurred or paid by or on behalf of an entitled person.
17(9.1)Notwithstanding any other provision of this Regulation, the hospital services plan may pay amounts in respect of entitled services furnished to an entitled person outside Canada that are not rendered in an emergency or that are available in Canada if the Minister considers it reasonable and appropriate in the circumstances and authorizes the payment.
85-3; 89-193; 92-85; 97-21; 97-24; 2003-50; 2010-142; 2016-29
18Repealed: 92-85
92-85
19(1)To qualify for payments under the hospital services plan, an approved regional health authority shall submit annually to the Minister on a prescribed form not later than the date prescribed by the Minister, a proposed annual budget for the regional health authority for the ensuing fiscal year.
19(2)The budget of an approved regional health authority shall indicate, as nearly as may be calculated, the estimated cost of providing services.
19(2.1)The requirements of this section may be satisfied by incorporating the proposed annual budget for entitled services under this Act in the financial plan of the regional health authority as required under the Regional Health Authorities Act.
19(3)Repealed: 2002-29
92-85; 2002-29
20The Minister shall:
(a) Repealed: 2002-29
(b) set the rates for in-patient services for each hospital facility operated by an approved regional health authority to be used for charging non-entitled persons for such services;
(c) set the rates for the direct charges required under section 13;
(d) set the rates for out-patient services; and
(e) notify each approved regional health authority of the decision and set the date from which such decision shall be implemented.
92-85; 2002-29
21The financial plan component of the regional health and business plan that is approved under paragraph 32(3)(a) of the Regional Health Authorities Act shall constitute the basis for payments to be made by the Minister to an approved regional health authority for the forthcoming fiscal year.
92-85; 2002-29; 2019, c.12, s.16
22Every approved regional health authority, on being notified of the Minister’s approval under paragraph 32(3)(a) of the Regional Health Authorities Act and the rates referred to in section 20, shall implement and give effect thereto from the date prescribed.
92-85; 2002-29
23Repealed: 2002-29
92-85; 2002-29
24Repealed: 2002-29
92-85; 2002-29
25Repealed: 2002-29
85-4; 92-85; 2002-29
25.1(1)Money withheld by the Minister under subsection 4.01(2) of the Act shall be in respect of a medical practitioner who has the effect described in paragraph 4.01(2)(a), (b) or (c) of the Act and shall be
(a) in the fiscal year in which the effect described first occurs, an amount that is derived by taking the sum of the fee for service, salary and sessional payments paid by Medicare in the previous fiscal year to medical practitioners in that type of practice in that area and dividing it by the actual number of full time equivalents in that type of practice in that area during the previous fiscal year, and
(b) in subsequent fiscal years, an amount that is equivalent to the sum of the payments made by Medicare to that medical practitioner on a fee for service, salaried and sessional basis.
25.1(2)The amount of money referred to in subsection (1) shall continue to be withheld in each fiscal year until the actual number of full time equivalents for that type of practice in that area no longer exceeds the maximum desirable level of full time equivalents established by the provincial authority for that type of practice in that area for the fiscal year or the target fiscal year, as the case may be.
25.1(3)Notwithstanding subsection (2), the amount of money referred to in paragraph (1)(a) shall not be pro-rated over the fiscal year unless in the same fiscal year the actual number of full time equivalents for that type of practice in that area is reduced so that it no longer exceeds the maximum desirable level of full time equivalents established by the provincial authority for that type of practice in that area for the fiscal year or the target fiscal year, as the case may be.
25.1(4)Where this section conflicts with any other provision in this Regulation, this section prevails.
94-15; 2019, c.12, s.16
26Repealed: 93-125
89-193; 92-85; 93-125
27Repealed: 93-125
92-85; 93-125
28Repealed: 93-125
92-85; 93-125
29Repealed: 2002-29
92-85; 2002-29
30Repealed: 2002-29
92-85; 2002-29
31Repealed: 2002-29
92-85; 2002-29
32Repealed: 2002-29
92-85; 2002-29
33(1)The Insured Services Appeal Committee shall advise the Minister on appeals by persons on matters in dispute or disagreement with respect to
(a) an application to become or continue to be an entitled person,
(b) refusal of a claim for payment for entitled services or reduction of the amount so claimed, or
(c) any other matter that may be requested by the Minister,
in the application or interpretation of the Act and the regulations made under the Act.
33(2)After the commencement of this section, the Insured Services Appeal Committee may deal with and complete any matter that was commenced by the Insured Services Appeal Committee established under this Regulation before the commencement of this section as it relates to the application and interpretation of the Act and the regulations made under the Act.
89-193; 97-24
34A liability insurer shall pay to the Minister any amount referable to a claim for recovery of the cost of entitled services that would otherwise be payable to an entitled person and such payment shall discharge the liability insurer from paying that amount to the entitled person.
34.1(1)The following terms and conditions apply to the sharing of proceeds of any recovery under subsection 10(7) of the Act:
(a) the barrister and solicitor acting on behalf of the injured person shall pay the share of the Crown in right of the Province by a cheque made payable to the Minister of Finance and Treasury Board within thirty days after the receipt of the proceeds; and
(b) the barrister and solicitor acting on behalf of the injured person shall provide, with the cheque required under paragraph (a), an affidavit of the barrister and solicitor acting on behalf of the injured person and an affidavit of the barrister and solicitor acting on behalf of the person who is paying the proceeds to the injured person and the affidavits shall include the following:
(i) the names of the persons involved;
(ii) the name of the barrister and solicitor acting for the other person;
(iii) whether the claim was settled or a judgment was obtained and when;
(iv) in the case of a settlement, the amount of general damages and the amount of special damages that the barrister and solicitor making the affidavit reasonably believes the injured person was entitled to recover;
(v) in the case of a judgment, the amount of general damages and the amount of special damages awarded to the injured person;
(vi) the amount recovered by the injured person for general damages and the amount recovered for special damages;
(vii) a statement affirming that the amount recovered by the injured person for special damages bears the same proportion to the special damages referred to in subparagraph (iv) or (v), as the case may be, as the amount recovered by the injured person for general damages bears to the general damages referred to in subparagraph (iv) or (v), as the case may be;
(viii) the cost of entitled services claimed by the injured person; and
(ix) the amount that is being paid to the Crown in right of the Province under subsection 10(7) of the Act.
34.1(2)Where an injured person or a person paying the proceeds to the injured person is not represented by a barrister and solicitor, the payment of the proceeds under paragraph (1)(a) and an affidavit required under paragraph (1)(b) shall be made by the person making the claim, whether acting on his own behalf or on behalf of another person.
86-170; 89-76; 2019, c.29, s.73; 2023, c.17, s.108
34.2Where a barrister and solicitor recovers a sum in respect of the cost of entitled services in accordance with section 10 of the Act, a fee shall be paid as follows:
(a) fifteen per cent on the first five thousand dollars recovered;
(b) ten per cent on the next ten thousand dollars recovered; and
(c) five per cent on that amount recovered in excess of fifteen thousand dollars.
89-76
34.3Pursuant to section 36 of An Act Respecting the Hospital Act, c.52, Acts of New Brunswick, 1992, and for the purposes of application of this Regulation, a reference to an approved hospital corporation or a hospital corporation shall, until April 1, 1993, be deemed to include a reference to CENTRACARE SAINT JOHN INC. and CENTRE HOSPITALIER RESTIGOUCHE INC./ RESTIGOUCHE HOSPITAL CENTER INC..
92-85
34.4Notwithstanding the repeal of sections 26, 27 and 28, those sections shall apply as if they had not been repealed with respect to those notices in writing requesting a review given under section 27 before July 1, 1993.
93-125
35Regulation 78, Statutory Orders and Regulations, 1963, under the Hospital Services Act is repealed.
SCHEDULE 1
REGIONAL HEALTH AUTHORITIES
Regional Health Authority A / Régie régionale de la santé A
Regional Health Authority B / Régie régionale de la santé B
84-263; 84-264; 86-68; 88-116; 88-129; 88-234; 89-93; 89-192; 92-85; 96-65; 2002-29; 2009-82
SCHEDULE 2
1Drugs, biologicals, and related preparations which, in the judgment of the medical practitioner, oral and maxillofacial surgeon or midwife, are required by an insured patient while a patient of an approved regional health authority in accordance with accepted practice and sound teaching.
2Proprietary medicines are excluded from the benefits provided.
92-85; 2002-29; 2003-50; 2016-29; 2019, c.12, s.16
SCHEDULE 3
1Acts of the Parliament of Canada:
(a) Aeronautics Act, chapter A-3 of the Revised Statutes of Canada, 1970;
(b) Civilian War Pensions and Allowances Act, chapter C-20 of the Revised Statutes of Canada, 1970;
(c) Government Employees Compensation Act, chapter G-8 of the Revised Statutes of Canada, 1970;
(d) Merchant Seamen Compensation Act, chapter M-11 of the Revised Statutes of Canada, 1970;
(e) National Defence Act, chapter N-4 of the Revised Statutes of Canada, 1970;
(f) Pension Act, chapter P-7 of the Revised Statutes of Canada, 1970;
(g) Royal Canadian Mounted Police Act, chapter R-9 of the Revised Statutes of Canada, 1970; and
(h) Veterans Rehabilitation Act, chapter V-5 of the Revised Statutes of Canada, 1970.
2Acts of the Legislature of New Brunswick:
(a) Worker’s Compensation Act; and
(b) Blind Workmen’s Compensation Act.
3Acts of Other Jurisdictions:
Any statute or law enacted by any provincial legislature or other competent jurisdiction, other than Canada or New Brunswick, under which a person who receives insured hospital and diagnostic services is eligible for and entitled to such services or to reimbursement in whole or in part of the cost of such services.
N.B. This Regulation is consolidated to June 16, 2023.