Genetic Non-Discrimination Act

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Sections25

• 1Short title

  This Act may be cited as the Genetic Non-Discrimination Act.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  disclose includes to authorize disclosure. (communiquer)

• 2[p3]

  genetic test means a test that analyzes DNA, RNA or chromosomes for purposes such as the prediction of disease or vertical transmission risks, or monitoring, diagnosis or prognosis. (test génétique)

• 2[p4]

  health care practitioner means a person lawfully entitled under the law of a province to provide health services in the place in which the services are provided by that person. (professionnel de la santé)

• 3Genetic test
• 3(1)

  It is prohibited for any person to require an individual to undergo a genetic test as a condition of

• 3(1)(a)

  providing goods or services to that individual;

• 3(1)(b)

  entering into or continuing a contract or agreement with that individual; or

• 3(1)(c)

  offering or continuing specific terms or conditions in a contract or agreement with that individual.

• 3(2)Refusal to undergo genetic test

  It is prohibited for any person to refuse to engage in an activity described in any of paragraphs (1)(a) to (c) in respect of an individual on the grounds that the individual has refused to undergo a genetic test.

• 4Disclosure of results
• 4(1)

  It is prohibited for any person to require an individual to disclose the results of a genetic test as a condition of engaging in an activity described in any of paragraphs 3(1)(a) to (c).

• 4(2)Refusal to disclose results

  It is prohibited for any person to refuse to engage in an activity described in any of paragraphs 3(1)(a) to (c) in respect of an individual on the grounds that the individual has refused to disclose the results of a genetic test.

• 5Written consent

  It is prohibited for any person who is engaged in an activity described in any of paragraphs 3(1)(a) to (c) in respect of an individual to collect, use or disclose the results of a genetic test of the individual without the individual’s written consent.

• 6Exceptions: health care practitioners and researchers

  Sections 3 to 5 do not apply to

• 6(a)

  a physician, a pharmacist or any other health care practitioner in respect of an individual to whom they are providing health services; or

• 6(b)

  a person who is conducting medical, pharmaceutical or scientific research in respect of an individual who is a participant in the research.

• 7Contravention of sections 3 to 5

  Every person who contravenes any of sections 3 to 5 is guilty of an offence and is liable

• 7(a)

  on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both; or

• 7(b)

  on summary conviction, to a fine not exceeding $300,000 or to imprisonment for a term not exceeding twelve months, or to both.

• 8

  [Amendment]

• 9

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• 10

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