1st Session, 36th Parliament,
46-47-48 Elizabeth II, 1997-98-99

The House of Commons of Canada

BILL C-483

An Act to provide for the taking of samples of blood to detect the presence of certain viruses

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Blood Samples Act.

DEFINITIONS

Definitions

2. The definitions in this section apply in this Act.

``analyst'' « analyste »

``analyst'' has the same meaning as in subsection 254(1) of the Criminal Code.

``designated virus''
« virus désigné »

``designated virus'' means the hepatitis B virus or the hepatitis C virus or a human immunodeficiency virus.

``designated function'' « fonctions désignées »

``designated function'' means a function performed by a peace officer, firefighter, qualified medical practitioner or a person whose profession it is to care for sick people.

``qualified medical practitioner'' « médecin qualifié »

``qualified medical practitioner'' has the same meaning as in subsection 254(1) of the Criminal Code.

``qualified technician'' « technicien qualifié »

``qualified technician'' has the same meaning as in subsection 254(1) of the Criminal Code.

OBTAINING AND EXECUTING A WARRANT

Application for a warrant to obtain samples of blood

3. A person may apply to a justice for a warrant authorizing the taking of a sample of blood from another person in order to determine whether that person carries a designated virus where the applicant believes on reasonable grounds that

    (a) the applicant has come into contact with a bodily substance of the other person while engaged in the performance of a designated function in relation to the other person or the applicant was assisting or trying to assist the person believing that the life of the other person was in danger or that the other person had suffered or was about to suffer physical injury;

    (b) by reason of the circumstances in which the applicant came into contact with the bodily substance, the applicant may have been infected by a designated virus; and

    (c) by reason of the lengthy incubation periods for diseases caused by the designated viruses and the methods available for ascertaining the presence of such viruses in the human body, an analysis of the applicant's blood would not accurately determine, in a timely manner, whether the applicant had been infected by a designated virus that might have been present in the bodily substance with which the applicant came into contact.

Appearance

4. A justice who receives an application under section 3 shall cause the parties to appear before the justice.

Decision

5. A justice before whom the parties have appeared may issue a warrant authorizing a peace officer to require a qualified medical practitioner to take, or to cause to be taken by a qualified technician under the direction of the qualified medical practitioner, such samples of the blood of the person as in the opinion of the person taking the samples are necessary to enable a proper analysis to be made in order to determine whether the person carries a designated virus, where the justice is satisfied that there are reasonable grounds to believe that

    (a) the applicant came into contact with a bodily substance of the other person while the applicant was performing a designated function in relation to the other person or the applicant was assisting or attempting to assist the other person believing that the life of the other person was in danger or that the other person had suffered or was about to suffer physical injury;

    (b) by reason of the circumstances in which the applicant came into contact with the bodily substance, the applicant may have been infected by a designated virus;

    (c) by reason of the lengthy incubation periods for diseases caused by the designated viruses and the methods available for ascertaining the presence of such viruses in the human body, an analysis of the applicant's blood would not accurately determine, in a timely manner, whether the applicant had been infected by a designated virus that might have been present in the bodily substance with which the applicant came into contact; and

    (d) a qualified medical practitioner is of the opinion that the taking of blood samples from the person would not endanger the life or health of the person.

Samples of blood

6. Blood samples may be taken from a person only pursuant to a warrant issued under section 5 and only by or under the direction of a qualified medical practitioner, provided that the qualified medical practitioner is satisfied that the taking of such blood samples does not endanger the life or health of the person.

No offence committed

7. (1) No qualified medical practitioner or qualified technician is guilty of an offence only by reason of a refusal to take blood samples from a person for the purposes of this Act.

No offence committed

(2) No qualified medical practitioner is guilty of an offence only by reason of a refusal to cause a qualified technician to take blood samples from a person for the purposes of this Act.

Immunity

8. No qualified medical practitioner by whom or under whose direction blood samples are taken from a person pursuant to a warrant issued under section 5 and no qualified technician acting under the direction of a qualified medical practitioner incurs any criminal or civil liability for anything necessarily done with reasonable care and skill in the taking of such blood samples.

Punishment for refusal

9. A justice may impose a term of imprisonment not exceeding six months on any person who fails or refuses to undergo a blood test pursuant to a warrant issued under section 5.

Certificate of qualified medical practitioner

10. On completion of the taking of the samples of blood of a person by a qualified medical practitioner or a qualified technician pursuant to a warrant issued under section 5, the qualified medical practitioner shall give to the peace officer responsible for executing the warrant, or to another peace officer in his stead, a copy of a certificate

    (a) stating

      (i) that the qualified medical practitioner took the blood samples from the person mentioned in the warrant,

      (ii) that, before the samples were taken, the qualified medical practitioner was of the opinion that the taking of blood samples from the person would not endanger the life or health of the person, and

      (iii) the time and place where the blood samples were taken; or

    (b) stating

      (i) that the qualified medical practitioner caused the samples to be taken by a qualified technician under his direction from the person mentioned in the warrant, and

      (ii) that, before the samples were taken, the qualified medical practitioner was of the opinion that the taking of the blood samples would not endanger the life or health of the person.

Certificate of qualified technician

11. On completion of the taking of the samples of blood from the person pursuant to the warrant issued under section 5, the qualified technician shall give to the qualified medical practitioner who caused him to take the samples and to the peace officer responsible for executing the warrant, or to another peace officer in his stead, a copy of a certificate stating

    (a) that the qualified technician took the samples of blood;

    (b) the time and place where the samples of blood were taken; and

    (c) that the blood samples were taken directly from the person mentioned in the warrant.

Duty of analyst

12. On completion of the analysis of the samples of the blood of a person pursuant to the warrant issued under section 5, the analyst shall give to the peace officer responsible for executing the warrant, or to another peace officer in his stead, and to the qualified medical practitioner referred to in section 10 a copy of a certificate containing the results of his analysis.

Duty of peace officer

13. As soon as the peace officer receives the certificate from the qualified medical practitioner, the certificate from the analyst and, if appropriate, the certificate from the qualified technician, he shall cause copies to be sent to the applicant and to the person from whom the samples of blood were taken.

PROHIBITIONS

Analysis prohibited

14. A sample of blood taken from a person pursuant to a warrant issued under section 5 shall not be analysed for any purpose other than the purpose specified in the warrant.

Use prohibited

15. The samples of the blood of a person obtained pursuant to a warrant issued under section 5 shall not be used for any purpose other than the purpose for which they were obtained.

Offence and penalty

16. Every one who contravenes section 14 or 15 commits an offence punishable on summary conviction.

Prohibition

17. No certificate covered by this Act shall be received in evidence

    (a) in a civil proceeding; or

    (b) in a criminal proceeding except in a proceeding under section 9.