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Acts and Regulations

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

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CHAPTER 2020, c.26

Gunshot and Stab Wound
Mandatory Reporting Act

Assented to December 18, 2020

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1The following definitions apply in this Act:

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

(a) a hospital, and

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

“police force” means(corps de police)

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

(b) the Royal Canadian Mounted Police.

Non-application of Act

2This Act does not apply to

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

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

Mandatory disclosure of gunshot or stab wounds

3(1)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:

(a) the person’s name, if known;

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

3(2)A person is considered to have been treated when treatment is offered.

3(3)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.

3(4)The disclosure required under subsection (1) shall be made no later than 24 hours after treatment is offered.

3(5)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.

Other obligations not affected

4Nothing 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.

Immunity

5No 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.

Administration

6The 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

Regulations

7The Lieutenant-Governor in Council may make regulations:

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

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

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

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

Conditional amendment

8(1)If the Bill entitled An Act to Amend the Executive Council Act, introduced in the first session of the 60th Legislature, receives Royal Assent before this Bill, on the commencement of this section, section 6 of this Act is amended by striking out “Minister of Public Safety” and substituting “Minister of Justice and Public Safety”.

8(2)If this Bill and the Bill entitled An Act to Amend the Executive Council Act, introduced in the first session of the 60th Legislature, receive Royal Assent on the same date, the Bill entitled An Act to Amend the Executive Council Act is deemed to have received Royal Assent before this Bill.

N.B. This Act is consolidated to June 10, 2022.