- the parties must satisfy the court that notice under s. 4, and notice of the application for final disposition have been given to the government, before the court makes a final order – s. 5(3)
- the Minister’s consent to any discontinuance or CDO must be filed with the court – s. 5(1)
Information for Insurance Companies
Please refer to the Health Care Costs Recovery Act and Regulation. In particular, please note Form #1493 Information From Insurer pursuant to s. 10 of the Act, which states in part that:
“(2) An insurer must, within 60 days after learning of the matter described in subsection (1), notify the minister of those circumstances in the prescribed form."
Information for the Public
You may wish to seek some legal advice with respect to your claim and the requirements of the Health Care Costs Recovery Act and Regulation as they relate to you. The Third Party Liability office does not provide legal advice regarding this or any other Act.
Out-of-Province Claims
If a beneficiary receives health care services in another province or territory, the Ministry of Health is billed for those services and they will be included in the health care costs claim.
Out-of-Country Claims
If a beneficiary receives health care services outside of Canada and the Ministry of Health makes payments towards those services, they will be included in the health care costs claim.
Class Action
Is a court action in the Supreme Court that has been certified by a Judge of the Court having determined, among other things, there is a cause of action which includes an identifiable class of 2 or more people whose claims raise common issues. (Class Proceedings Act)
Exclusions
The Health Care Costs Recovery Act does not apply to health care services provided to a beneficiary where the related wrongs are defined under the following Acts:
- Insurance (Vehicle) Act – refer to s. 24(3)(a)
- Tobacco Damages and Health Care Costs Recovery Act – refer to s. 24(3)(b)
- Workers Compensation Act– refer to s. 24(3)(c)
Settlements
A personal injury claim covered by this Act cannot be settled unless:
- written notice is given to the Minister, and
- the Minister consents in writing – s. 13(1).
Section 13 applies to all claims and lawsuits settled after the Health Care Costs Recovery Act came into force, regardless of when the claim or lawsuit was initiated, unless excluded by regulation.
Beneficiary's Duties
At least 21 days prior to entering into a settlement, notify the Minister in the prescribed form – s. 12.
Payor’s Duties
The person legally responsible for making payments under the settlement must:
- notify the Minister of the proposed settlement terms – s. 13(1)
- provide the Minister with requested information to evaluate the proposed settlement – s. 13(3)
- obtain the Minister’s written consent – s. 13(1)(b)
- pay the portion of the settlement allocated to the health care claim to the government within 60 days, or as otherwise agreed – s. 13(6) & (7)
If notice as required by s. 13(1) is not provided, the government has the right to recover, from the person required to give that notice:
- the total cost of past and future health care services related to the personal injury – s. 13(5)
- as a debt due from that person to the government.
Releases – s. 13(8)
The person to whose benefit the release is given must:
- give the Minister written notice of the proposed terms, and
- obtain the Minister’s consent.
Contact Us
Street Address:
Third Party Liability
Ministry of Health
2nd Floor – 1515 Blanshard Street
Victoria, B.C.
V8W 3C8
Mailing Address:
Third Party Liability
Ministry of Health
PO Box 9647 STN PROV GOVT
Victoria, B.C. V8W 9P4
Phone: 250 952-2034
Fax: 250 952-2090
