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 |