Mandatory testing and disclosure
What is the Mandatory Testing and Disclosure Act?
The Mandatory Testing and Disclosure Act provides a method for certain individuals exposed to the risk of communicable disease infection through contact with another person to compel that person to provide a bodily substance for testing, if such information cannot reasonably be obtained in any other manner.
Who may apply?
An individual may apply to the Provincial Court – Family and Youth for a testing order if the individual has come into contact with a bodily substance of a source individual:
- While providing emergency assistance to a source individual who is ill, injured or unconscious as a result of an accident or other emergency, or
- While performing duties as a firefighter, paramedic or peace officer. Applications may be made on behalf of an individual who meets the above criteria by any person if the individual is unable to do so.
How is an application made?
An exposed individual or someone acting on that individual’s behalf may apply to the Provincial Court – Family and Youth within 30 days of the exposure.
Applicants must complete the Application for Testing Order (Form 1 of the Mandatory Testing and Disclosure Regulation) and have a physician complete the Physician's Report (Form 2 of the Regulation), and file these documents with the Provincial Court – Family and Youth to obtain a court date.
The Application for Testing Order and Physician's Report must be served personally to the source individual or sent by registered mail to the last known address of the person being served not less than 7 days before the application is to be heard by the Provincial Court – Family and Youth.
However, if the source individual is a minor (under 18 years old), dependent adult, or is deceased, the documents must be served as follows:
- Minor: Serve the source individual’s parent(s) or guardian(s) and, if the source individual is 14 years of age or older, serve the source individual.
- Dependent adult: Serve the source individual and the guardian of the source individual
- Deceased: Serve the next of kin of the source individual or to the executor or administrator of the estate of the source individual, if any.
A judge of the Provincial Court – Family and Youth may consider waiving or changing the above requirements if in the circumstances of the case, giving seven days notice is impossible or impractical.
What is the required Physician’s Report?
The Physician’s Report provides the Court with a physician’s assessment of:
- The risk to the health of the applicant resulting from the applicant’s contact with a bodily substance of the source individual, and
- The need for a testing order to treat or manage the health of the applicant.
This Report will assist the Court in determining if a testing order is required and what should be included in the testing order. The original signed copy must be provided to the Court.
What happens once an application is made?
A judge of the Provincial Court – Family and Youth will consider the application and may make a testing order. If a testing order is made, the applicant must submit the Testing Order and Physician’s Report to the Office of the Chief Medical Officer of Health.
The Chief Medical Officer of Health will then provide a copy of these documents together with the results of any database search ordered by the Court to the Medical Officer of Health for the health region where the source individual resides.
The regional Medical Officer of Health will then designate a health professional and analyst to take and test a sample, and will serve notice to the source individual with directions on how to comply with the order.
Once the testing and analysis is completed, the Medical Officer of Health will provide a copy of the results to the applicant’s physician and the source individual’s physician.
- Completes the Application for Testing Order (Application) within 30 days of the exposure.
- Using the Determination of Significance of Blood and/or Body Fluid Exposure under the MTDA as a guide (and physicians are also highly encouraged to complete the form, retain original on patient record, and send copy to Chief Medical Officer of Health).
- Completes Physician's Report (provide original to applicant, retain copy on patient record).
- Submits Application and Physician's Report to the Provincial Court.
- Serves notice to source not less than 7 days before the application is to be heard in Court.
- Provincial Court Judge makes decision to grant or deny Testing Order.
- Court of Queen’s Bench hears appeals.
- Serves copy of Testing Order to the Chief Medical Officer of Health (CMOH).
- Provides copy of the Physician Report to the CMOH.
- Read Service of Testing Order .
6. CMOH and RMOH
- Read the Summary of Process under the Mandatory Testing and Disclosure Act for more information.
Mandatory Testing and Disclosure Act information
- Mandatory Testing and Disclosure Act
- Mandatory Testing and Disclosure Regulation
- Definitions and Interpretations under the Mandatory Testing and Disclosure Act and accompanying regulations
- Post-Exposure Management and Prophylaxis Guidelines – for Non-Occupational, Occupational and MTDA January 2013