Definitions

1  In this Act:

"adequate treatment" means treatment for venereal disease that is prescribed by the minister as adequate;

"medical health officer" means a medical health officer appointed under the Health Act;

"place of detention" means a hospital, sanatorium, jail, lockup, reformatory, industrial school or a place of detention designated by the minister;

"venereal disease" means syphilis, gonorrhea, chancroid, granuloma inguinale, lymphogranuloma venereum and chlamydia.

 Records and reporting

2  Every medical practitioner and every person in charge of a place of detention must

(a) maintain a record of all persons suffering from venereal disease coming under their treatment or supervision, and

(b) in the manner prescribed, report that person by name, stating the venereal disease from which the person is suffering.

 Submission to treatment

3  (1)  A person infected with a venereal disease who becomes aware or suspects that he or she is infected with a venereal disease must place himself or herself immediately under the care and treatment of a medical practitioner.

(2)  If the infected person is unable to obtain the care or treatment referred to in subsection (1), the person must report to a medical health officer, who must make the necessary arrangements for treatment.

(3)  An infected person must

(a) conduct himself or herself in a manner that does not expose other persons to the infection, and

(b) take and continue adequate treatment.

 Refusal of treatment

4  (1)  If a person who has been under treatment by a medical practitioner for venereal disease refuses or neglects to take adequate treatment, the medical practitioner must report to a medical health officer the name and address of that person, together with any other information required by regulation.

(2)  A person under treatment for a venereal disease who fails to attend on the person's medical practitioner within 7 days after an appointment for treatment is presumed to have neglected to continue adequate treatment, and the attending medical practitioner must report the failure in writing to a medical health officer within 10 days after the appointment.

 Powers of medical health officer

5  (1)  If a medical health officer has reasonable grounds to believe that a person is or may be infected with venereal disease or has been exposed or may have been exposed to infection

(a) the medical health officer may give the person notice in writing in the prescribed form directing the person to submit to an examination by a medical practitioner designated by the medical health officer, and

(b) the designated medical practitioner must sign and send to the medical health officer within the time specified in the notice a report or certificate certifying that the person is or is not infected with a venereal disease.

(2)  If a report or certificate under subsection (1) states that a person examined is infected with venereal disease, the medical health officer may

(a) deliver to the person directions in the prescribed form as to the course of conduct to be pursued, and

(b) require the person to produce evidence satisfactory to the medical health officer that the person is undergoing adequate treatment and is in other respects carrying out the directions.

(3)  If the person referred to in subsection (2) fails to comply with the course of conduct prescribed for the person or to produce the evidence required, the medical health officer may proceed in the manner described in section 6.

(4)  A medical health officer may do any of the acts referred to in subsection (2) or (3) with respect to any person who has been examined by a medical practitioner within the previous year and has been certified by that medical practitioner to be infected with venereal disease at the time of examination.

(5)  A medical health officer may require a person who the officer believes is or may be infected with a venereal disease or has been exposed or may have been exposed to infection to undergo more than one examination in order to determine the presence or absence of the infection or the effectiveness of treatment.

(6)  If a person has been named as a source or contact of venereal disease or is believed by the medical health officer to be a source or contact of the venereal disease, the medical health officer may proceed in the manner described in this section.

(7)  If in the opinion of a medical health officer the clinical findings and history of a person indicate that the person is or may be infected with venereal disease, the medical health officer may, whether or not laboratory findings indicate the presence of venereal disease, proceed in the manner described in this section.

 Information, summons, warrant, inquiry and detention

6  (1)  A medical health officer may make a complaint or lay an information before a justice charging that a person

(a) is infected with venereal disease and is unwilling or unable to conduct himself or herself in a manner that does not expose other persons to the infection, or

(b) is infected with a venereal disease and refuses or neglects to take or continue adequate treatment.

(2)  On receiving a complaint or information, the justice must hear and consider the allegations of the medical health officer, and if the justice believes that a case for doing so is made out, the justice must issue a summons requiring the person to appear before a justice at a time and place named in the summons.

(3)  If it appears that a summons cannot be served or if a person to whom a summons is directed does not appear to it, the justice may issue a warrant directing that the person named in the summons be brought before the justice.

(4)  If a person appears or is brought before a justice under this section, the justice

(a) must inquire into the truth of the matter charged in the complaint or information,

(b) must proceed in the manner required by the Offence Act, and

(c) has the powers of a justice holding a hearing under the Offence Act.

(5)  In an inquiry under this section a certificate or laboratory report stating the result of a test made in a laboratory of or a laboratory approved by the minister is evidence of the facts stated in the certificate or report.

(6)  A justice may order that a person be admitted to and detained in a place of detention for a period not longer than one year, as the justice thinks necessary, if the justice finds that the person

(a) is infected with a venereal disease and is unwilling or unable to conduct himself or herself in a manner that does not expose other persons to the infection, or

(b) is infected with a venereal disease and refuses or neglects to take or continue adequate treatment.

 Medical practitioner in charge of place of detention

7  If a medical practitioner in medical charge of a place of detention has reason to believe that a person under the medical practitioner's charge is or may be infected with a venereal disease or has been or may have been exposed to infection with a venereal disease, the medical practitioner must have that person undergo any examination necessary to ascertain whether or not the person is infected with a venereal disease.

 Examination in place of detention

8  If a medical health officer believes that a person under arrest or in custody, whether awaiting trial or serving a sentence, is or may be infected or has been exposed or may have been exposed to infection with venereal disease, the medical practitioner may

(a) cause that person to undergo any examination necessary to ascertain whether or not the person is infected with a venereal disease, and

(b) direct that person to remain in custody until the results of the examination are known.

 Treatment in place of detention

9  If a person under arrest or in custody, whether awaiting trial or serving a sentence, is found to be infected with a venereal disease, the medical health officer may order in writing that

(a) the person undergo treatment, and

(b) action be taken the medical health officer considers advisable for the person's isolation and the prevention of infection by the person.

 Treatment in hospital

10  The Lieutenant Governor in Council must provide for the examination and treatment of a person suffering from or suspected to be suffering from venereal disease, and must require all hospitals receiving aid from the Provincial Treasury to make adequate provision for treatment of persons requiring hospitalization under conditions satisfactory to the deputy minister.

 Laboratory diagnosis

11  The Lieutenant Governor in Council must provide for the laboratory examinations necessary for the diagnosis or control of venereal disease under conditions the Lieutenant Governor in Council may prescribe.

 Confidential matters

12  (1)  A person who is employed or has been employed in the administration of this Act

(a) must preserve secrecy about all matters that come to the person's knowledge in the course of the person's employment, and

(b) must not communicate any matter to another person except as authorized by this Act, the Marriage Act or by the minister.

(2)  In addition to the penalties provided for in this Act, a person who defaults in a duty under subsection (1) must forfeit the person's office or be dismissed from the person's employment.

(3)  In a civil action a person must not be compelled to give oral evidence with reference to matters that have come to the person's knowledge while employed in the administration of this Act.

(4)  A person must not issue or make available to a person other than a medical practitioner or persons engaged in the administration of this Act all or part of a laboratory report of an examination made to determine the presence or absence of venereal disease.

 Liability of medical practitioner

13  (1)  A report, certificate or statement of a medical practitioner or of an agent of the minister given under this Act, in good faith and without negligence, that a person is suffering from venereal disease or suspected of having or having been exposed to venereal disease

(a) does not render the medical practitioner or agent liable to action,

(b) is not admissible in evidence in proceedings against the medical practitioner or agent, and

(c) cannot be made the ground of any prosecution, action or suit against the medical practitioner or agent.

(2)  All records, reports and certificates made or kept under this Act are absolutely privileged and exempt from production on subpoena issued in a court in a civil action.

 Offence and penalty

14  (1)  A person who does any of the following commits an offence:

(a) wilfully neglects or disobeys an order or direction given by a medical health officer or the minister under this Act;

(b) hinders, delays or obstructs a medical health officer, peace officer or other person acting in the performance of duties under this Act;

(c) publishes or discloses contrary to section 15 (3) any proceedings taken under this Act;

(d) fails to comply with this Act or the regulations.

(2)  If no other penalty is prescribed a person who commits an offence under subsection (1) is liable on conviction to a penalty of not less than $25 and not more than $100.

(3)  A medical practitioner who fails to report as required by section 4 commits an offence and is liable on conviction to a penalty of not less than $25 and not more than $100.

(4)  A person who without reasonable excuse, the proof of which is on the person, fails to comply with a direction made to the person under section 5 (1) commits an offence and is liable on conviction to imprisonment for not less than 7 days and not more than 12 months.

 Prosecutions

15  (1)  The Offence Act applies to prosecutions under this Act.

(2)  Despite subsection (1), all proceedings for the recovery of penalties under this Act and proceedings authorized by section 6 must be conducted in private.

(3)  A person must not publish or disclose information from or about proceedings referred to in subsection (2) except under the authority of this Act.

 Free distribution for treatment and prevention

16  Out of money appropriated by the Legislature, the minister may provide for free distribution to medical practitioners and hospitals of any drug, medicine, appliance or instruments which the minister thinks useful or necessary for the alleviation, treatment or cure of venereal disease or the prevention of infection from it.

 Local responsibility

17  Case finding, case holding, follow up and epidemiology are the responsibility of municipal health departments and of health units.

 Power to make regulations

18  (1)  The Lieutenant Governor in Council may make regulations referred to section 41 of the Interpretation Act.

(2)  Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing the forms, notices and certificates, and their use, and the manner of reporting to be given, issued or carried out under this Act;

(b) prescribing the course of conduct to be pursued by a person infected with a venereal disease in order to effect a cure or to prevent the infection of other persons;

(c) for distributing to medical practitioners and places of detention information as to the diagnosis and treatment and care of persons suffering from venereal disease;

(d) prescribing rules for determining when a person who has suffered from venereal disease is free from danger of communicating the disease to others;

(e) for preventing the spread of infection by persons suffering from venereal disease;

(f) providing for public advertising and placarding of information relative to the prevention, treatment and cure of venereal disease, and the places where proper remedies can be obtained;

(g) imposing penalties for the violation of this Act, or anything covered by this Act or any regulation;

(h) regarding the literature concerning venereal diseases which may be distributed to the public and the information concerning venereal diseases which may be disseminated to the public by any method;

(i) generally, for the better carrying out of this Act for the prevention, treatment and cure of venereal disease.

 Application of the Health Care (Consent) and Care Facility (Admission) Act

19  The Health Care (Consent) and Care Facility (Admission) Act does not affect anything in this Act or in a regulation made under this Act.