.png){kind=small}
S.M. 2008, c. 19
Bill 18, 2nd Session, 39th Legislature
The Testing of Bodily Fluids and Disclosure Act
| 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 |