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Part I of this enactment provides that a justice may issue a warrant
authorizing a peace officer to require a qualified medical practitioner to
take, or cause to be taken by a qualified technician, samples of blood
from a person in order to determine whether the person carries the
hepatitis B virus or the hepatitis C virus or a human
autoimmunedeficiency virus, if the justice is satisfied that there are
reasonable grounds to believe that
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(a) the applicant came into contact with a bodily substance from
another person while the applicant was engaged in the performance
of a designated function in relation to that 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 person had suffered or was
about to suffer physical injury;
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(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 virus referred to above;
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(c) by reason of the lengthy incubation periods for diseases caused
by these 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 such a virus that
might have been present in the bodily substance with which the
applicant came into contact; and
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(d) a qualified medical practitioner is of the opinion that the taking
of samples of blood from the person mentioned in the warrant would
not endanger the life and health of the person.
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For the purposes of Part I of this enactment, ``designated function''
means a function performed by a firefighter, qualified medical
practitioner, or a person whose profession is to care for sick people.
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Part II of this enactment amends the Criminal Code and provides for
the same procedure as the one described in Part I.
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However, for the purposes of Part II of this enactment, ``designated
function'' means a function performed by a peace officer or a security
officer or any act committed under section 494 of the Criminal Code or
in order to lawfully assist a peace officer.
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