Forensic Laboratories Act, 2018

Bills that amended this Act0

No published amendment links yet for this Act.

Sections13

• 1Definitions

  1 In this Act, “Minister” means such member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “prescribed” means prescribed by the regulations made under this Act. (“prescrit”) Forensic laboratory accreditation

• 2Application

  2 (1) This section applies to a test in a prescribed category of test that is requested, (a) for the purpose of legal proceedings; (b) for some other legal purpose; or (c) pursuant to an order of a court or other lawful authority. Accreditation requirement (2) No person shall, in a laboratory, conduct a test to which this section applies, unless, (a) the laboratory is accredited, by an accrediting body prescribed by the regulations, to a prescribed general standard; and (b) if the test is a prescribed test, the laboratory is accredited, by an accrediting body prescribed by the regulations, to a prescribed standard for that test. Same (3) A person who operates a laboratory shall ensure that no test is conducted in the laboratory in violation of subsection (2). Information to provide when test results are provided

• 3Application

  3 (1) This section applies to a person who operates a laboratory, (a) in which a test is conducted to which section 2 applies; or (b) from which test results are provided that, (i) are the results of a test that was conducted in the laboratory for the purpose of diagnosis, prevention or treatment, and (ii) are requested, (A) for the purpose of legal proceedings, (B) for some other legal purpose, or (C) pursuant to an order of a court or other lawful authority. Information to provide and form (2) The person to whom this section applies shall ensure that the prescribed information in the prescribed form is provided whenever, (a) test results in respect of a test referred to in clause (1) (a) are provided from their laboratory; or (b) test results referred to in clause (1) (b) are provided from their laboratory.

• 4Centralized information

  4 The Minister may make available to the public the following information concerning laboratories that are accredited to a prescribed general standard referred to in clause 2 (2) (a), and about any other laboratories in which the Minister believes a test to which section 2 applies may have been conducted: 1. The name, location and contact information of the laboratory. 2. The laboratory’s accrediting body. 3. The type of tests that the laboratory is accredited for and the tests performed at the laboratory. 4. The history of compliance with the requirements of the accrediting body, including the laboratory’s current status with respect to those requirements. 5. Information about convictions and sentences under this Act. 6. Information about how to access other information about the laboratory, including how to access that information online. 7. Prescribed information.

• 5Advisory committee

  5 The Minister may, (a) establish an advisory committee to advise the Minister on the exercise of his or her powers and the performance of his or her duties, functions and responsibilities under this Act; (b) appoint the members of the committee, and designate one member as chair and one or more members as vice-chair; and (c) determine the terms of reference of the committee. Inspections

• 6Appointment of inspectors

  6 (1) The Minister may appoint, in writing, one or more persons as inspectors for the purposes of this Act. Certificate of appointment (2) The Minister shall issue every inspector appointed under subsection (1) a certificate of appointment and every inspector, in the execution of his or her duties under this section, shall produce the certificate of appointment upon request. Inspections (3) For the purpose of determining whether this Act is being complied with, an inspector may, without a warrant, enter and inspect a laboratory. Time of entry (4) The power under this section to enter and inspect without a warrant may be exercised only during the regular business hours of the laboratory. Dwellings (5) The power to enter and inspect under this section shall not be exercised to enter and inspect a dwelling. Use of force (6) An inspector is not entitled to use force to enter and inspect a la…

• 7Warrant

  7 (1) A justice of the peace may issue a warrant authorizing an inspector named in the warrant to enter a laboratory specified in the warrant and to exercise any of the powers mentioned in subsection 6 (7), if the justice of the peace is satisfied on information under oath that, (a) the inspector has been prevented from exercising a right of entry to the premises under subsection 6 (3) or has been prevented from exercising a power under subsection 6 (7); or (b) there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the premises under subsection 6 (3) or will be prevented from exercising a power under subsection 6 (7). Expiry of warrant (2) A warrant issued under this section shall name a date on which it expires, which shall be no later than 30 days after the warrant is issued. Extension of time (3) A justice of the peace may exte…

• 8Unaccredited testing

  8 (1) Every person who contravenes subsection 2 (2) is guilty of an offence and on conviction is liable, (a) in the case of a first offence, to a fine of not more than $25,000; or (b) in the case of a second or subsequent offence, to a fine of not more than $50,000. Fail to comply with information requirements (2) Every person who fails to comply with section 3 is guilty of an offence and on conviction is liable to a fine of not more than $5,000. Obstruct or disobey inspector (3) Every person who fails to comply with subsection 6 (9) or (12) is guilty of an offence and on conviction is liable, (a) in the case of a first offence, to a fine of not more than $25,000; or (b) in the case of a second or subsequent offence, to a fine of not more than $50,000.

• 9Evidence

  9 Sections 2 and 3 do not modify any common law or statutory rule relating to the admissibility of evidence.

• 10Crown bound

  10 This Act binds the Crown. Regulations

• 11LG in C

  11 (1) The Lieutenant Governor in Council may make regulations, (a) specifying laboratories, legal proceedings, legal purposes, orders, persons or entities with respect to which section 2 or 3 applies or does not apply; (b) requiring a person who operates a laboratory to provide information that relates to the accreditation of the laboratory to the Minister; (c) providing for such other matters as the Lieutenant Governor in Council considers advisable to carry out the purpose of this Act. Minister (2) The Minister may make regulations, (a) prescribing categories of tests, accrediting bodies, general standards, tests and standards for prescribed tests, for the purpose of section 2; (b) prescribing information for the purpose of section 3 and prescribing requirements for the form in which that information must be presented; (c) prescribing information for the purpose of paragraph 7 of sect…

• 12

  12 Omitted (provides for coming into force of provisions of this Act).

• 13

  13 Omitted (enacts short title of this Act). ______________