Second Session, Thirty-Ninth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).
Bill 18
THE TESTING OF BODILY FLUIDS AND DISCLOSURE ACT
Section |
Table of Contents |
| DEFINITIONS | |
| 1 | Definitions |
| APPLYING FOR A TESTING ORDER | |
| 2(1) | When application may be made |
| (2) | Application on behalf of another person |
| 3 | Application requirements |
| EXPEDITED TESTING ORDERS | |
| 4(1) | Application without notice |
| (2) | Submitting application |
| (3) | Evidence under oath |
| 5(1) | Telecommunication of sworn documents |
| (2) | Evidence received by telephone |
| (3) | No requirement to wait for documents |
| 6(1) | When expedited testing order may be made |
| (2) | Contents of expedited testing order |
| 7 | Preparing notice of objection |
| 8(1) | Order and notice of objection to be served |
| (2) | Filing information re service |
| 9(1) | When expedited testing order effective |
| (2) | Service of expedited testing order |
| (3) | Deadline for service |
| 10 | Registering objection invalidates order |
| STANDARD TESTING ORDERS | |
| 11(1) | Who may apply for a standard testing order |
| (2) | Hearing on urgent basis |
| (3) | Service on source individual |
| (4) | Application without notice |
| 12(1) | New hearing |
| (2) | Submissions |
| (3) | Applicant to provide physician's report |
| (4) | Evidence from source individual |
| 13(1) | When court may make standard testing order |
| (2) | When no order may be made |
| (3) | Content of standard testing order |
| (4) | Standard testing order effective on service |
| 14(1) | Appeal with leave on contested application |
| (2) | Appeal on uncontested application |
| (3) | Appeal acts as stay |
| TAKING AND TESTING SAMPLES | |
| 15 | Responsibilities of staff taking sample |
| 16 | Responsibilities of staff at testing facility |
| DISCLOSING TEST RESULTS | |
| 17 | Providing test results |
| 18 | Results not admissible |
| 19(1) | Confidentiality of information |
| (2) | Permitted disclosure of information |
| (3) | Disclosure of information in legal proceedings |
| MISCELLANEOUS PROVISIONS | |
| 20(1) | Offence and penalty |
| (2) | Contravention continues |
| (3) | Limitation |
| 21 | Defences to breach of expedited testing order |
| 22 | Costs |
| 23(1) | Act prevails |
| (2) | No access under Freedom of Information Act |
| 24 | Protection from liability |
| 25 | Regulations |
| 26 | C.C.S.M. reference |
| 27 | Coming into force |