2020-c.26 — Gunshot and Stab Wound Mandatory Reporting Act

s. 1 — Definitions

The following definitions apply in this Act:

s. 1 — health-care-facility

“health care facility” means(établissement de soins de santé)

s. 1(a) — Definitions

(a) a hospital, and

s. 1(b) — Definitions

(b) any other facility or class of facility prescribed by regulation.

s. 1 — police-force

“police force” means(corps de police)

s. 1(a) — Definitions

(a) a police force established for a local government or for a region, or

s. 1(b) — Definitions

(b) the Royal Canadian Mounted Police.

s. 2 — Non-application of Act

This Act does not apply to

s. 2(a) — Non-application of Act

(a) a stab wound that is reasonably believed to be self-inflicted or inflicted unintentionally, and

s. 2(b) — Non-application of Act

(b) a gunshot wound or stab wound that is exempted by regulation or that is inflicted in circumstances prescribed by regulation.

s. 3 — Mandatory disclosure of gunshot or stab wounds

s. 3(1) — Mandatory disclosure of gunshot or stab wounds

A health care facility that treats a person for a gunshot or stab wound shall disclose the following information to the police force responsible for providing police services in the area where the health care facility is located:

s. 3(1)(a) — Mandatory disclosure of gunshot or stab wounds

(a) the person’s name, if known;

s. 3(1)(b) — Mandatory disclosure of gunshot or stab wounds

(b) the fact that the person is being treated or has been treated for a gunshot or stab wound; and

s. 3(1)(c) — Mandatory disclosure of gunshot or stab wounds

(c) the name and location of the health care facility.

s. 3(2) — Mandatory disclosure of gunshot or stab wounds

A person is considered to have been treated when treatment is offered.

s. 3(3) — Mandatory disclosure of gunshot or stab wounds

Subject to subsection (4), the disclosure required under subsection (1) shall be made orally as soon as the circumstances permit it to be made without interfering with the person’s treatment or disrupting the regular activities of the health care facility, and in accordance with the requirements prescribed by regulation, if any.

s. 3(4) — Mandatory disclosure of gunshot or stab wounds

The disclosure required under subsection (1) shall be made no later than 24 hours after treatment is offered.

s. 3(5) — Mandatory disclosure of gunshot or stab wounds

Every health care facility shall ensure that a person is responsible at all times to make the disclosure required under subsection (1) on behalf of the health care facility.

s. 4 — Other obligations not affected

Nothing in this Act prevents a health care facility from disclosing information to a police force that it is otherwise permitted by law or authorized to disclose.

s. 5 — Immunity

No action or other proceeding lies or shall be instituted against a health care facility or any 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.

s. 6 — Administration

The Minister of Public Safety is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf. 2020, c.26, s.8; 2022, c.28, s.27

s. 7 — Regulations

The Lieutenant-Governor in Council may make regulations:

s. 7(a) — Regulations

(a) prescribing facilities or classes of facilities for the purposes of the definition “health care facility”;

s. 7(b) — Regulations

(b) exempting gunshot or stab wounds from the application of this Act;

s. 7(c) — Regulations

(c) prescribing circumstances in which a gunshot or stab wound is exempted from the application of this Act;

s. 7(d) — Regulations

(d) prescribing requirements respecting disclosure for the purposes of subsection 3(3);

s. 7(e) — Regulations

(e) defining words and expressions used but not defined in this Act.

s. 8 — Conditional amendment

s. 8(1) — Conditional amendment

s. 8(2) — Conditional amendment