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The Blood Test Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of May 26, 2017.
It has been in effect since February 1, 1988, when this Act came into force.
 

C.C.S.M. c. B63

THE BLOOD TEST ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definition

1           In this Act

"practitioner" means a duly qualified medical practitioner, registered nurse or duly qualified laboratory technologist.

No liability for blood tests

2           Where a practitioner has reasonable and probable grounds to believe that a person whom the practitioner is treating or in respect of whom the practitioner is making some laboratory tests, or who has been brought to the practitioner for treatment or for the purpose of making a laboratory test, has, at any time within the preceding two hours, been driving or had the care and control of a motor vehicle, or been navigating or operating a vessel, the practitioner may, without the consent of the person where that consent cannot reasonably be obtained and without using compulsion, take a sample of the person's blood and analyze it or cause it to be analyzed for alcohol or drug content and neither

(a) the practitioner; nor

(b) any person who analyzed the sample of blood; nor

(c) the owner or operator of any hospital, clinic or laboratory in which the sample of blood was taken or analyzed; nor

(d) any employee of the owner or operator of any hospital, clinic or laboratory in which the sample of blood was taken or analyzed who assisted in the taking or analyzing of the sample of blood;

is thereby liable for any damages to the person from whom the sample of blood was taken except damages arising out of negligence in procedures used in taking the sample of blood.

Disclosure of results of analysis

3           Where a practitioner has taken a sample of blood and analyzed it or caused it to be analyzed for alcohol or drug content, the name of the person from whom the sample of blood was taken and the results of the analysis may be disclosed to a peace officer or a court, and in that case neither

(a) the practitioner; nor

(b) any person who analyzed the sample of blood; nor

(c) the owner or operator of any hospital, clinic or laboratory in which the sample of blood was taken or analyzed; nor

(d) any employee of the owner or operator of any hospital, clinic, or laboratory in which the sample of blood was taken or analyzed who assisted in taking or analyzing the sample of blood;

is liable for any damages arising out of the disclosure.