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C.C.S.M. c. T55
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 | |