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Friday, February 12, 2016
Saskatchewan Justice

The Mandatory Testing and Disclosure (Bodily Substances) Act provides an application process for a court-controlled order for mandatory testing where:

  • an exposed individual came into contact with a potentially infectious bodily substance from a source individual as a crime victim or while providing emergency services to the source individual;
  • the donor refuses to provide a sample voluntarily; and
  • a doctor's report accompanies the order and states that there is significant risk of transmission of a communicable disease.

The Act provides that, in the specified situations, any individual that meets this criteria, regardless of through employment or volunteer status, may apply to the Court of Queen's Bench for a testing order. This is a procedure for the compulsory taking and analysis of bodily samples (e.g., blood and bodily fluids), and the limited disclosure of personal health information resulting from the analysis in order to help the treatment of the exposed individual.  

The testing order and the results of such a test are confidential. The testing is intended to serve an immediate medical purpose and there can be no secondary non-medical use of a test. For example, the Act specifically forbids disclosure of information obtained under the Act for any purpose other than as specifically set out under the Act. The penalty for doing so is up to $5,000 for a first offence and up to $10,000 for a second or subsequent offence. 

An appeal to the Court of Appeal may be made on a question of law from the decision of the Court of Queen's Bench respecting an application for a testing order. 

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