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This Act is current to July 26, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Gunshot and Stab Wound Disclosure Act

[SBC 2010] CHAPTER 7

Assented to June 3, 2010

Contents
1Definitions
2Mandatory disclosure
3Manner and timing of disclosure
4Other obligations not affected
5Personal liability protection
6Offence Act
7Regulations
8Commencement

Definitions

1  In this Act:

"emergency medical assistant" means an emergency medical assistant as defined in the Emergency Health Services Act;

"health care facility" means

(a) a facility operated by a regional health board designated under the Health Authorities Act,

(b) an organization or institution that provides health care services,

(c) a clinic that provides health care services,

(d) the office of a medical practitioner, or

(e) a prescribed facility;

"local police authority" means the police force or police department or the designated policing unit, as defined in section 1 of the Police Act, that is responsible for policing the area in which a health care facility is located;

"stab wound" means

(a) a wound caused by a knife or other sharp or pointed instrument, or

(b) a prescribed wound,

but does not include a wound that is reasonably believed to be self-inflicted or unintentionally inflicted.

Mandatory disclosure

2  (1) A health care facility or emergency medical assistant who treats a person for a gunshot or stab wound must disclose the following information to the local police authority:

(a) the injured person's name, if known;

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

(c) in the case of a health care facility, the name and location of the health care facility;

(d) in the case of an emergency medical assistant, the location where the treatment occurs;

(e) any other information required by the regulations.

(2) Subsection (1) does not apply to an emergency medical assistant who delivers the injured person to a health care facility.

Manner and timing of disclosure

3  Subject to the regulations, the disclosure required by section 2 must be made

(a) orally, and

(b) as soon as it is reasonably practicable to do so without interfering with the injured person's treatment or disrupting the regular activities of the health care facility or the emergency medical assistant.

Other obligations not affected

4  Nothing in this Act prevents a health care facility or an emergency medical assistant from disclosing to a local police authority information that the health care facility or emergency medical assistant is otherwise by law permitted or authorized to disclose.

Personal liability protection

5  (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against

(a) a health care facility,

(b) a director, officer or employee of a health care facility,

(c) an emergency medical assistant, or

(d) any other person acting under the authority of this Act

because of anything done or omitted in the performance or intended performance of any duty under this Act.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

Offence Act

6  Section 5 of the Offence Act does not apply to this Act or the regulations.

Regulations

7  The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing a wound for the purposes of paragraph (b) of the definition of "stab wound" in section 1;

(b) defining terms that are used but not defined in this Act;

(c) prescribing facilities or classes of facilities for the purposes of paragraph (e) of the definition of "health care facility" in section 1;

(d) prescribing information that must be disclosed under section 2 (1) (e);

(e) governing the manner and timing of the disclosure required under section 2;

(f) prescribing the person or class of persons responsible for making disclosure on behalf of a health care facility;

(g) exempting persons or classes of persons from the requirements of this Act;

(h) exempting facilities or classes of facilities from the requirements of this Act;

(i) prescribing circumstances in which an exemption under paragraph (g) or (h) is or is not applicable.

Commencement

8  This Act comes into force by regulation of the Lieutenant Governor in Council.