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S.M. 2011, c. 10
Bill 20, 5th Session, 39th Legislature
The Defibrillator Public Access Act
(Assented to June 16, 2011)
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.
"defibrillator" means an automated external defibrillator or a semi-automated external defibrillator. (« défibrillateur »)
"designated premises" means premises, accessible to the public, that are designated under the regulations for the purpose of this Act. (« lieu désigné »)
"emergency service provider" has the same meaning as in The Emergency 911 Public Safety Answering Point Act. (« fournisseur de services d'urgence »)
"health professional" means a person who is licensed or registered to provide health care under an Act of the Legislature or who is a member of a class of persons designated as health professionals in the regulations. (« professionnel de la santé »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"prescribed" means prescribed by the regulations made under this Act.
"PSAP service" has the same meaning as in The Emergency 911 Public Safety Answering Point Act. (« service CTSP »)
"registrar" means a registrar designated under section 2. (« registraire »)
A reference to "this Act" includes the regulations made under this Act.
The minister may designate one or more persons as a registrar for the purpose of this Act.
The owner of a designated premises must ensure that one or more defibrillators are installed at the premises in accordance with the regulations.
A defibrillator that is required to be installed under section 3 must be made available for use by the public in accordance with the regulations.
The owner of a designated premises at which a defibrillator is installed under this Act must post, and keep continuously displayed, signs about the location and use of the defibrillator, in accordance with the regulations.
The owner of a designated premises at which a defibrillator is installed under this Act must, within 30 days after installation, register the defibrillator — including details of its location — with the registrar in accordance with the regulations.
Subject to the regulations, if a defibrillator registered under this Act is moved to a different location at the designated premises, or is removed from the designated premises for any reason, the owner of the designated premises must notify the registrar in accordance with the regulations.
The registrar must, in accordance with the regulations, notify a PSAP service, emergency service provider or other prescribed person about
(a) the registration of a defibrillator that is installed under this Act; or
(b) the subsequent moving of the defibrillator to a different location within the designated premises or its removal from the designated premises.
The owner of a designated premises must ensure that a defibrillator required to be installed under section 3 is maintained and tested in accordance with the manufacturer's guidelines and with any other requirements as may be prescribed.
The owner must make and maintain records of the maintenance and testing in accordance with the regulations.
The minister may designate any persons, or the members of any class of persons, as inspectors for the purpose of this Act.
When reasonably required to administer or determine compliance with this Act, an inspector may enter and inspect any premises, other than a dwelling, at any reasonable time.
An inspector carrying out an inspection under this Act must show his or her identification if requested to do so.
An inspector carrying out an inspection under this Act may
(a) make any inspection, investigation, examination, test, analysis or inquiry that he or she considers necessary;
(b) require any document or other thing to be produced for inspection, examination, testing, analysis or copying;
(c) make copies of or seize any document or other thing; and
(d) take photographs or other images of a premises, or of any thing located at or in it.
In carrying out an inspection under this Act, an inspector may
(a) use a data processing system at the place where the records, documents or things are kept to examine any data contained in or available to the system;
(b) reproduce, in the form of a printout or other intelligible output, any record from the data contained in or available to a data processing system at the place; and
(c) use any copying equipment at the place to make copies of any record or document.
A person who has custody or control of a record, document or thing referred to in subsection (1) or (2) must give the inspector
(a) all reasonable assistance to enable the inspector to carry out his or her duties; and
(b) any information that the inspector may reasonably require.
A document certified by an inspector to be a printout or a copy of a record obtained under this Act
(a) is admissible in evidence without proof of the office or signature of the person purporting to have made the certificate; and
(b) has the same probative force as the original record.
A person is guilty of an offence who
(a) contravenes a provision of this Act;
(b) knowingly makes a false or misleading statement to an inspector or any other person acting under the authority of this Act;
(c) knowingly makes a false or misleading statement in a record given or required under this Act, or knowingly provides false or misleading information under this Act;
(d) hinders, obstructs or interferes with, or attempts to hinder, obstruct or interfere with, an inspector or any other person acting under the authority of this Act; or
(e) conceals or destroys, or attempts to conceal or destroy, any record, information or thing relevant to an inspection or investigation under this Act.
When an offence referred to in subsection (1) continues for more than one day, the offender is guilty of a separate offence for each day that the offence continues.
An individual who is guilty of an offence under this Act is liable on summary conviction
(a) for a first offence, to a fine of not more than $3,000; and
(b) for a subsequent offence, to a fine of not more than $10,000.
A corporation that is guilty of an offence under this Act is liable on summary conviction
(a) for a first offence, to a fine of not more than $5,000; and
(b) for a subsequent offence, to a fine of not more than $25,000.
If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of the offence.
A prosecution for an offence under this Act may be commenced not later than two years after the day the alleged offence was committed.
Despite The Occupiers' Liability Act and the rules of common law, any person who owns or occupies a premises where a defibrillator is made available for use and who acts in good faith with respect to the availability or use of the defibrillator is exempt from civil liability for any harm or damage that may occur from the use or attempted use of the defibrillator.
Subsection (1) does not exempt the person who owns or occupies the premises where a defibrillator is made available for use from civil liability if
(a) the person acts with gross negligence with respect to making the defibrillator available;
(b) the person fails to properly maintain the defibrillator; or
(c) the premises where the defibrillator is made available for use is a hospital or other premises used primarily for the purpose of providing health care to individuals.
Despite the rules of common law, a person described in subsection (2) who, in good faith, voluntarily and without expectation of gain or reward, uses, attempts to use or assists in the use of a defibrillator on an individual experiencing an emergency is not liable in damages for injury or death caused by the person's acts or omissions while using, attempting to use or assisting in the use of the defibrillator, unless the person is grossly negligent.
Subsection (1) applies to
(a) a health professional, if the health professional does not use the defibrillator at a hospital or other place having appropriate health care facilities and equipment for the purpose of defibrillation; and
(b) an individual, other than a health professional, who uses a defibrillator at the immediate scene of an emergency.
In this section, "emergency" means a situation in which the behaviour of an individual reasonably leads another to believe that the first individual is experiencing a life-threatening event that requires the provision of immediate care to assist the heart or other cardiopulmonary functioning of that person.
For greater certainty, sections 15 and 16 apply whether or not the defibrillator was required to be installed or registered under this Act.
No action or proceeding may be brought against the minister, a registrar, an inspector or any other person acting under the 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.
GENERAL PROVISIONS AND REGULATIONS
This Act binds the Crown.
The Lieutenant Governor in Council may make regulations
(a) designating premises, or classes of premises, that are accessible to the public as "designated premises";
(b) designating classes of persons as health professionals for the purpose of the definition "health professional" in subsection 1(1);
(c) for the purpose of section 3, respecting the installation of defibrillators at designated premises, including
(i) dates by which defibrillators must be installed at designated premises,
(ii) circumstances in which defibrillators must be installed at designated premises, including, without limitation, new construction or other specified construction or remodelling work, and
(iii) the locations at designated premises and manner in which defibrillators must be installed;
(d) for the purpose of section 4, governing how defibrillators must be made available for use by the public at designated premises;
(e) for the purpose of section 5, respecting the form and content, the manner of posting and the location of signs required under this Act;
(f) respecting the registration of defibrillators, including details of the locations of registered defibrillators;
(g) for the purpose of subsection 6(2), respecting requirements to notify the registrar when a defibrillator is moved within a designated premises, or removed from a designated premises;
(h) for the purpose of section 7,
(i) respecting notification requirements, and
(ii) prescribing persons to whom notice is to be given;
(i) prescribing maintenance and testing requirements for the purpose of subsection 8(1);
(j) for the purpose of subsection 8(2), respecting the making and maintenance of records;
(k) respecting the voluntary registration of defibrillators not required to be installed under this Act, including extending, modifying or limiting the application of any provision of this Act in relation to such defibrillators;
(l) specifying, for the purpose of any provision of this Act, whether a defibrillator must be an automated external defibrillator or a semi-automated external defibrillator;
(m) defining any word or phrase used in this Act but not defined in this Act;
(n) without limiting the generality of clause (m), defining "automated external defibrillator" or "semi-automated external defibrillator", which may include prescribing criteria that either or both types of defibrillators must satisfy;
(o) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act.
A regulation under this Act
(a) may provide differently for different types or classes of persons or premises; and
(b) may provide differently for different geographical areas.
A regulation under this Act may incorporate or adopt by reference, and with any changes the Lieutenant Governor in Council considers appropriate, all or part of a code, rule or standard, as amended before or after the making of the regulation and relating to the subject matter of this Act, whether the code, rule or standard is promulgated by any governmental authority or by any association or other body of persons.
C.C.S.M. REFERENCE AND COMING INTO FORCE
This Act may be referred to as chapter D22 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.