Third Party Liability (TPL)
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Legislative Authority:
Third Party Liability operates under the authority of Sections 18 and 19 of the
Health Services and Insurance
Act and Regulations.
Frequently Asked Questions:
What changes have been made to the Health Services and Insurance Act that I need to be aware of?
All lawyers in the Province of Nova Scotia now have a legislated duty to notify the Department of Health once you are retained on a personal injury matter, when the injury took place on or after July 1, 2003.
What information do I need to provide to the Province to make notification of a claim?
Legal counsel once retained on a personal injury matter should submit a Notification Form as soon as possible. The completed form can be forwarded to the Department by mail, fax or email.
How am I expected to treat personal injury actions that were initiated prior to July 1, 2003?
These actions will fall under the previous version of the Health Services and Insurance Act, which provides the Province with a subrogation right to those actions.
What types of personal injury actions may cause the Crown to have a subrogation claim?
The following are examples of personal injury actions where the Crown may have a subrogation claim:
- Occupiers liability actions;
- Liabilities for animals;
- Medical, dental or other health care provider negligence;
- Product liability actions;
- Battery or assault actions;
- Motor vehicle collisions involving Nova Scotians where the at fault vehicle is not registered in Nova Scotia;
- Motor vehicle collisions where self-insured vehicles are at fault;
Will I be compensated for adding the Department of Health's claim to my Statement of Claim?
The Regulations set out the rates that counsel will be paid as follows:
(a) 15% of the first $5,000.00 recovered;
(b) 10% of the next $10,000.00 recovered; and
(c) 5% of that amount recovered in excess of $15,000.00.
Please note the Nova Scotia Department of Health is subject to HST.
When a payment on a claim is granted or a settlement is arrived at, how do I pay the Province?
As set out in Regulation 5(1), a cheque payable to the
Minister of Finance is to be forwarded to the Department along with an
affidavit from the injured party, within thirty days of receiving the
settlement funds. Two additional affidavits are required, one from the
person against whom the claim was made and a second from the payor of the
proceeds of the claim. Regulation 5(2) sets out the information required
in the affidavits.
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Contact Information:
You may contact our office by email at TPL@gov.ns.ca
or at (902) 424-6202.
Mailing address: Department of Health
Revenue Recovery / Third Party Liability
P.O. Box 488
Halifax, Nova Scotia
B3J 2R8
|
of Health
