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S.M. 2008, c. 21
Bill 20, 2nd Session, 39th Legislature
The Gunshot and Stab Wounds Mandatory Reporting Act
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(Assented to June 12, 2008)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"health care facility" means
(a) a hospital as defined in The Health Services Insurance Act; and
(b) any other facility or class of facilities that provides health care services and is prescribed by regulation as a health care facility. (« établissement de soins de santé »)
"local police service" means the local police service or the Royal Canadian Mounted Police detachment that is responsible for providing law enforcement services to the area in which a health care facility is located. (« service de police local »)
"regional health authority" means a regional health authority established or continued under The Regional Health Authorities Act. (« office régional de la santé »)
"stab wound" means a wound that is caused by a knife or other sharp or pointed instrument and appears to have been inflicted by another person. (« blessure par arme blanche »)
Every health care facility that treats a person for a gunshot or stab wound must disclose the following information to the local police service:
(a) the person's name, if known;
(b) the fact that the person is being treated, or has been treated, for a gunshot or stab wound;
(c) the name and location of the health care facility.
The disclosure required by subsection (1) must be made
(a) in the manner prescribed by regulation; and
(b) as soon as it is reasonably practicable to do so without interfering with the injured person's treatment or disrupting the regular activities of the health care facility.
Other obligations not affected
Nothing in this Act prevents a health care facility from disclosing to a local police service information that the facility is otherwise by law permitted or authorized to disclose.
No action or proceeding may be brought against a regional health authority, a health care facility or any other person acting under authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.
The Lieutenant Governor in Council may make regulations
(a) for the purpose of the definition "health care facility" in section 1, prescribing facilities or classes of facilities as health care facilities;
(b) respecting the disclosure of information to a local police service under section 2, including
(i) prescribing the person or class of persons responsible for making the disclosure on behalf of a health care facility, and
(ii) prescribing the manner in which the disclosure is to be made;
(c) exempting a health care facility or class of health care facilities or a person or class of persons from all or any part of a provision of this Act or a regulation made under this Act, and prescribing the circumstances and conditions under which the exemption is effective;
(d) defining any word or expression used but not specifically defined in this Act;
(e) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act.
This Act may be referred to as chapter G125 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.