Judgment of the Court — Sopinka J.
The judgment of the Court was delivered by
Sopinka J. --
The purpose of this Act is to prohibit the privatization of the provision of certain medical services in order to maintain a single high-quality health-care delivery system for all Nova Scotians.
In this Act,
(a) "designated medical service" means a medical service designated pursuant to the regulations;
...
No person shall perform or assist in the performance of a designated medical service other than in a hospital approved as a hospital pursuant to the Hospitals Act.
Notwithstanding the Health Services and Insurance Act, a person who performs or for whom is performed a medical service contrary to this Act is not entitled to reimbursement pursuant to that Act.
(1) Every person who contravenes this Act is guilty of an offence and liable upon summary conviction to a fine of not less than ten thousand dollars nor more than fifty thousand dollars.
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(1) Every person who contravenes this Act is guilty of an offence and liable upon summary conviction to a fine of not less than ten thousand dollars nor more than fifty thousand dollars. ...
Notwithstanding any other provision of this Act, where designated medical services are being performed contrary to this Act, the Minister may, at any time, apply to a judge of the Supreme Court for an injunction, and the judge may make any order that in the opinion of the judge the case requires.