Acts and Regulations

2014, c.112 - Health Services Act

Full text
Subrogation rights
3(1)When, as a result of the negligence or wrongful act of another, a person suffers personal injuries for which he or she receives entitled services, that person shall have the same right to recover the cost of the entitled services against the person who was negligent or who did the wrongful act as he or she would have had if he or she, personally, had been required to pay for the entitled services.
3(2)When under subsection (1) a person recovers a sum in respect of entitled services received by him or her, that person shall without delay pay the sum to the Province.
3(3)The Crown 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 provided to that person, and an action may be maintained by the Crown, either in its own name or in the name of that person, for recovery of that sum.
3(4)It shall not be a defence to an action brought by the Crown under subsection (3) that a claim for damages has been adjudicated on 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 the Crown under subsection (3) has been adjudicated on.
3(5)No release or settlement of a claim or judgment based on a cause of action for damages for personal injuries in a case where the injured person has received entitled services is binding on the Crown unless the Minister has approved the release or settlement in writing.
3(6)When 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 a sum in respect of entitled services provided to that other person that would otherwise be paid to the insured person, and payment of that sum to the Province discharges the liability of the insurer to pay that sum to the insured person or to any person claiming under or on behalf of the insured person.
3(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 as evidence of the contents of the certificate, and also of the office, authority and signature of the person signing, without proof of his or her appointment, authority or signature.
3(8)This section applies to costs for entitled services incurred after May 12, 1972.
R.S.1973, c.H-3, s.5