FAQ about Testing Orders

There are a number of forms and steps to the Testing Order process under the Emergency Intervention Disclosure Act The below frequently asked questions and their answers can be helpful in navigating the process. Click on the question to see the answer.

For an overview of the Testing Order process, and information about for Hepatitis B, Hepatitis C or HIV, see Testing Order for Hepatitis B, Hepatitis C or HIV.

  1. Exposure to Hepatitis B, Hepatitis C or HIV
  2. Voluntary Testing
  3. Emergency Intervention Disclosure Act
  4. Notice of Intention to Apply for a Testing Order
  5. Application to Obtain a Testing Order
  6. Physician's Report
  7. Testing Order Template
  8. Testing Order Granted by the Provincial Court
  9. Sampling and Testing
  10. Test Results
  11. Appeals
  12. Confidentiality
  13. Minors (Children)
  14. Penalties
  15. Provincial Court and Court Registries
  16. Serving Documents
  17. Important Dates and Deadlines
  18. Workers’ Compensation Claims

Exposure to Hepatitis B, Hepatitis C or HIV

What should I do if I am concerned that I have been exposed?
If you are concerned that you have been exposed to Hepatitis B, Hepatitis C or HIV, you should go immediately and have a risk assessment performed by a health professional at an emergency department. Prompt assessment is important to ensure that a decision on post-exposure prophylaxis is made and any treatment can be started right away.

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What do you mean by exposure?
Blood and body fluids, such as saliva, semen and vaginal fluid, can contain viruses. These may be passed on from an infected person to other people. If you have contact with a person’s blood or body fluids and you are not using preventative measures, you could be at risk of HIV, hepatitis B or hepatitis C. Other body fluids, such as sweat, tears, vomit or urine, may contain and pass on these viruses when blood is present in the fluid, but the risk is low.

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What is a bodily substance?
Blood and body fluids, such as saliva, semen and vaginal fluid, can contain viruses. Other body fluids, such as sweat, tears, vomit or urine, may contain and pass on these viruses when blood is present in the fluid, but the risk is low.

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What is post-exposure prophylaxis?
Post-exposure prophylaxis is treatment after an individual has been exposed to a disease. Prompt assessment is particularly important to ensure that, if required, Hepatitis B Virus and/or HIV post-exposure prophylaxis is initiated as soon as possible. There is no evidence to support post-exposure prophylaxis for hepatitis C virus (HCV); however, chronic HCV infection may be prevented or cured with antiviral therapy.
For more information about post-exposure prophylaxis, see HealthLinkBC File #97 – Contact with Blood and Body Fluids: Protecting Against Infection or visit BC Centre for Disease Control – Blood and Body Fluid Exposure Management.

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Voluntary Testing

How does someone get tested voluntarily for Hepatitis B, Hepatitis C or HIV?
An individual can consult with any health care provider or emergency department to undergo testing in order to know their Hepatitis B, Hepatitis C or HIV status, and request that the results be communicated to the health care provider looking after an individual who is concerned they have been exposed.
Unless it is the same health care provider caring for both individuals, it is important for the exposed person to provide the other individual with their health care provider’s information, so that a copy of the test results can be provided to the health care provider.

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What if the individual will not get tested voluntarily?
If the individual does not undergo testing and provide those results to the exposed individual’s health care provider, and the exposed individual is eligible under the Emergency Intervention Disclosure Act; the exposed individual can pursue a Testing Order. Refer to the section Notice of Intention for information on the first step in the Testing Order process.

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Emergency Intervention Disclosure Act

What is the Emergency Intervention Disclosure Act?
The following information about the Emergency Intervention Disclosure Act is provided for information purposes and guidance only. If there is a conflict between this website and the Emergency Intervention Disclosure Act or the Emergency Intervention Disclosure Regulation, the Act and Regulation prevail.

The Emergency Intervention Disclosure Act permits individuals to apply to the court for an order to have another person tested for Hepatitis B, Hepatitis C or HIV if they have come into contact with a person’s bodily substance in any of the following circumstances:
  • While providing emergency health services,
  • While performing their duties as a fire fighter, emergency medical assistant or police or other peace officer, or
  • When they have reason to believe that they have been the victim of an alleged offence under the Criminal Code (Canada) and have reported the matter to a law enforcement agency.


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What does exposed individual, source individual and applicant mean?
  • An “exposed individual” is the individual who came into contact with another person’s blood or other bodily substance.
  • The “source individual” is the person who an exposed individual identifies as the person whose blood or other bodily substance they came into contact with.
  • The “applicant” refers to an exposed individual who is applying to the court for a Testing Order.


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Notice of Intention to Apply for a Testing Order

What is a Notice of Intention for a Testing Order?
If the source individual has not provided their test results voluntarily to the health care provider of the exposed individual, the exposed individual can purse a Testing Order. This process begins with the Notice of Intention Form for a Testing Order.

The Notice of Intention gives notice to the source individual of the exposed individual’s intention to apply to court for a Testing Order. The Notice provides the source individual the opportunity to be voluntarily tested for Hepatitis B, Hepatitis C and HIV and to provide the test results voluntarily to the exposed individual’s physician, without the need to go to court.

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Is the Notice of Intention confidential?
Yes. The Emergency Intervention Disclosure Act requires that you keep all information obtained about the applicant (exposed individual) and source individual confidential. Individuals convicted of sharing information with others in contravention of the Act face fines of up to $10,000 per day. Refer to the Confidentiality section for more information.

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Information for Exposed Individual

How do I complete the Notice of Intention Form?
The exposed individual can fill in the following information on the Notice of Intention Form on-line and then print the completed form, or you can print the form and fill it in by hand:
  • The name of the source individual and their address if you know it.
  • Your name as the exposed individual.
  • Details on the date and circumstances of your exposure to the blood or other bodily substance of the source individual.
  • The name and requested contact information for your physician.


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How do I provide the Notice of Intention to the source individual?
You must personally serve the Notice of Intention Form to the source individual—see the Serving Documents section for what you must do to personally serve the Notice.

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Information for Source Individual

I received a Notice of Intention, what does that mean?
If you have been served a Notice of Intention where you are named the source individual, it means that the exposed individual (also named in the Notice) believes they recently came into contact with your blood or other bodily substance in a circumstance set out in the Emergency Intervention Disclosure Act and believe they may have been exposed to Hepatitis B, Hepatitis C, and/or HIV as a result. The date and circumstances of the exposure are also indicated on the Notice.

The Notice indicates that the exposed individual intends to apply to the court for a Testing Order requiring you to be tested to determine if they may have been exposed to these diseases as a result of coming into contact with your blood or other bodily substance.

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I received a Notice of Intention, what do I do now?
You can agree to be voluntarily tested for Hepatitis B, Hepatitis C and/or HIV and avoid potential court action for a Testing Order. To do so, follow the actions set out in the Notice of Intention to be voluntarily tested and give your consent to have the test results disclosed to the exposed individual’s physician.

If you do not agree to be voluntarily tested, the exposed individual may apply to the court for a Testing Order requiring you to be tested for Hepatitis B, Hepatitis C and/or HIV. The application to the court can take place as soon as 3 days after the date you were served with the Notice. The court may grant a Testing Order if the criteria set out in the Emergency Intervention Disclosure Act are met. Failure to comply with a Testing Order can result in a fine of up to $10,000 per day.

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What is the value in knowing a source individual's test results?
Knowing the source individual’s Hepatitis B, Hepatitis C, and HIV test results provides information that may assist the exposed individual and their physician in making decisions about post-exposure prophylaxis and/and treatment for these diseases.

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Application to Obtain a Testing Order

What is the Application to Obtain a Testing Order?
The Application to Obtain a Testing Order is a required form an exposed individual must use to apply to the court for a Testing Order to have another person tested for Hepatitis B, Hepatitis C or HIV under the Emergency Intervention Disclosure Act.

The Application must be filed with the court, and the applicant (exposed individual) must also personally serve the Application on the source individual. Refer to Serving Documents section for information on how documents are served.

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When is an Application to Obtain a Testing Order required?
The Application to Obtain a Testing Order is required if the source individual did not attend for voluntary testing before or within 3 days after being served the Notice of Intention.

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Information for Exposed Individual

How do I complete the Application form??
The exposed individual can fill in the following information on the Application to Obtain a Testing Order on-line and then print the completed form, or you can print the form and fill it in by hand:
  • Your name (exposed individual) as the name of the applicant.
  • The name of the source individual as the name of the respondent.
  • Your name, date of birth and contact information as the applicant.
  • The name and as much of the requested information as you know about the source individual. If you do not know the information, leave the space blank.
  • Details on the date and circumstances of your exposure to the blood or other bodily substance of the source individual.
  • Add the date and your signature as the applicant.
The Provincial Court registry office will fill in the court file number, court location and the date, time and location of the court hearing when you file the Application with the court.

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How and when do I file the Application with the court?
The exposed individual cannot submit an Application to Obtain a Testing Order until at least 3 days have passed since the date that you served the Notice of Intention to apply for a testing order on the source individual.

Further, you must also apply within 30 days of the date that you came into contact with the blood or other bodily substance of the source individual. An Application cannot be made to the court after 30 days has passed.

To make an Application, you must file the completed Application form and related documents at one of the Provincial Court registry offices in British Columbia.

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What documents do I have to file along with the Application?
The exposed individual files the following documents with the Provincial Court registry office to make an Application:

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How and when do I serve the Application to Obtain a Testing Order on the source individual?
You must personally serve the Application and completed Physician’s Report on the source individual after the Provincial Court registry office has entered the date, time and location of the court hearing on the Application, and at least 4 days before the scheduled date for the court hearing.

See the Serving Documents section additional information on how to serve.

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Can a representative make an Application on my behalf?
Yes. If an exposed individual who is eligible to apply for a Testing Order under the Emergency Intervention Disclosure Act is not able to apply for the Testing Order, a representative of the exposed individual may apply on their behalf.

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Can I make an Application to have someone tested for other diseases?
No. A Testing Order from the court is only available for Hepatitis B, Hepatitis C and/or HIV.

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Can I make an Application if the exposure occurred more than 30 days ago?
No. An Application to Obtain a Testing Order must be made to the court within 30 days of the date that an exposed person came into contact with the blood or other bodily substance of the source individual.

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Information for Source Individual

I have been served an Application to Obtain a Testing Order, what does it mean?
If you have been served with an Application to Obtain a Testing Order and are named as the respondent (source individual), it means that the applicant has applied to the Provincial Court of British Columbia for an order that you be tested for Hepatitis B, Hepatitis C and/or HIV.

The applicant is seeking the court order because the applicant believes that they have recently come into contact with your blood or other bodily substance in a circumstance set out in the Emergency Intervention Disclosure Act. The date and circumstances of the exposure are indicated on the Application.

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I have been served an Application; can I still agree to be voluntarily tested?
Yes. You can still agree to be voluntarily tested after being served with the Application. You should advise the applicant of your decision to be voluntarily tested so that he or she can notify the court and withdraw the Application before the scheduled hearing date.

Refer to the section on Voluntary Testing for additional information.

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I have been served an Application and do not agree to be voluntarily tested. How do I present my case?
The date, time and location of the court hearing are indicated on the Application. If you disagree with having the Testing Order made, you may present your case at the hearing. You may hire a lawyer to assist and represent you if you wish.

If you do not attend the hearing, the court may still proceed without you, and the court may grant a Testing Order if the judge is satisfied that the criteria set out in the Emergency Intervention Disclosure Act are met.

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Is the Application to Obtain a Testing Order confidential?
Yes. The Emergency Intervention Disclosure Act requires that you keep all information obtained about the applicant (exposed individual) and source individual confidential. Individuals convicted of sharing information with others in contravention of the Act face fines of up to $10,000 per day. Refer to the Confidentiality section for more information.

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Physician's Report

What is the Physician’s Report?
The Physician’s Report is completed by the applicant’s (exposed individual) physician and includes:
  • Information about the exposure situation,
  • The physician’s assessment of the exposure risk to Hepatitis B, Hepatitis C, and HIV, and
  • The physician’s opinion about the need for a Testing Order.
The Physician’s Report is a required form that is part of the Application to Obtain a Testing Order, and is also served on the source individual with the Application. The court will consider the Physician’s Report when deciding whether to grant a Testing Order.

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Information for Exposed Individual

When do I have my physician complete the Physician’s Report?
A physician should complete the Physician’s Report as soon as you decide that you want to make an Application to Obtain a Testing Order. The Report must be completed before you file your Application with the court.

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What do I do with the completed Physician’s Report?
When you file an Application to Obtain a Testing Order with the court, you must include the original, completed Physician’s Report.

When you serve the Application on the source individual, you must serve a copy of the completed Physician’s Report as well. You should also keep a copy of the completed Physician’s Report for your records.

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Do I have to pay any fees for the Physician’s Report?
The applicant is responsible for any fees that the physician may charge for completing the Physician’s Report.

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Information for Source Individual

I have been served an Application to Obtain a Testing Order with a copy of a Physician’s Report, what does the Report mean?
The Physician’s Report provides information about the applicant’s exposure to your blood or other bodily substance, the physician’s assessment of the risk of possible exposure to Hepatitis B, Hepatitis C and/or HIV resulting from the exposure situation, and the physician’s opinion on the need for a Testing Order requiring that you be tested for HIV, Hepatitis B and/or Hepatitis C. The court will consider the information in the Physician’s Report in deciding whether to grant the Testing Order.

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Do I need to treat the information in the Physician’s Report as confidential?
Yes. The Emergency Intervention Disclosure Act requires that you keep all information obtained about the applicant (exposed individual) and source individual confidential. Individuals convicted of sharing this information with others in contravention of the Act face fines of up to $10,000 per day. Refer to the section on Confidentiality for more information.

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Testing Order Template

Information for Exposed Individual

When do I complete and file the Testing Order template for the court?
You need to file the completed Testing Order template with the Provincial Court registry office at the same time that you file your Application to Obtain a Testing Order to the court.

You should fill in the requested information so that the court knows the specifics of the Testing Order that you are requesting be made.

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Testing Order Granted by the Provincial Court

What criteria does the court consider to grant a Testing Order?
The Provincial Court takes into account the Physician’s Report and other evidence that it considers relevant. The court may grant a Testing Order if it is satisfied with all of the following:
  • The applicant (exposed individual) personally served the source individual with:
    • The required Notice of Intention at least 3 days before the Application to Obtain a Testing Order, and
    • The Application to Obtain a Testing Order (including the Physician’s Report) at least 4 days before the hearing date.
    • The above steps are required unless the applicant has satisfied the court that, in the circumstances, serving the Notice of Intention or the Application to Obtain a Testing Order within a reasonable time is impossible or impracticable.
  • The applicant came into contact with the blood or other bodily substance of the source individual in one of the following circumstances:
    • While providing emergency health services,
    • While performing his or her duties as a fire fighter, emergency medical assistant or police officer or other peace officer,
    • When he or she has reason to believe that he or she has been the victim of an alleged offence under the Criminal Code (Canada) and has reported the matter to a law enforcement agency.
  • There are reasonable grounds to believe that the applicant may have been exposed, as a result of the contact, to a pathogen (virus) that causes Hepatitis B, Hepatitis C or HIV.
  • An analysis of the applicant’s blood or other bodily fluids would not determine, in a timely manner, whether the applicant has been infected.
  • Taking a sample of blood or other bodily fluid from the source individual would not endanger the source individual’s life or health.
  • The information to be obtained under the Testing Order cannot reasonably be obtained in any other manner.
  • The Testing Order is necessary to decrease or eliminate the risk to the health of the applicant as a result of the contact.


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Information for Exposed Individual

How and when do I serve the granted Testing Order on the source individual and health facility?
When the court grants a Testing Order, the applicant (exposed individual) must personally serve the order on both the source individual and the health facility identified in the Testing Order within the time period specified in the Testing Order. At the same time, the exposed individual must also serve the source individual and the health facility with a copy of the information sheet called “Information Accompanying Testing Order”.

Refer to the Serving Documents section for information on personally serving.

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Do I have to pay the costs of testing the source individual?
No. When the court grants a Testing Order, the applicant is not required to pay for the costs of having a blood sample taken from the source individual and tested, or for the cost of communicating the test results.

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Information for Source Individual

I was served a Testing Order, what does that mean to me?
If you are the source individual who is required to be tested under a Testing Order, you must attend the health facility identified in the Testing Order within the time period specified in the Order to have a blood sample taken for testing.

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What if I do not comply with the Testing Order I was served?
If you do not comply with a testing order, you may be liable upon conviction to a fine of up to $10,000 for each day that the contravention continues.

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Do I have to pay to have the test done?
No. When the court grants a Testing Order, the source individual is not required to pay for the costs of having a blood sample taken and tested, or for the cost of communicating the test results.

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Can my sample be used for any other purpose?
No. The sample can only be analyzed to test for the diseases specified in the Testing Order and may not be used for any other purpose.

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Can I appeal a Testing Order granted by the court?
Yes. You have the right to appeal the Provincial Court’s decision relating to a Testing Order to the Supreme Court of British Columbia.

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Sampling and Testing

Information for Health Care Providers

What is the health facility’s role in the Testing Order?
When the source individual named in the Testing Order comes to the identified health facility for testing, the health facility must ensure that a blood sample is taken.

The health facility must then deliver the sample to the British Columbia Centre for Disease Control to have the sample analyzed for the diseases specified in the Testing Order. The health facility must provide a copy of the following with the sample: The health facility must not use the sample in any manner, or for any purpose, other than the manner and purpose specified in the Testing Order.

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What is a qualified analyst?
A qualified analyst is a physician providing medical laboratory services for the BC Centre for Disease Control.

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What does the qualified analyst do after receiving the Testing Order?
The qualified analyst for the BC Centre for Disease Control who receives the source individual’s blood sample from a health facility conducts an analysis of the sample for the pathogens that cause the diseases specified in the Testing Order.

When the analysis is complete, the qualified analyst must promptly:
  • Provide a written report of the results to the applicant’s (exposed individual) physician.
  • Provide the written report of the results to the source individual’s physician. If the source individual’s physician is not known, the written report must be provided to the source individual.
  • Provide a copy of the Testing Order and “Information Accompanying Testing Order” along with the written report.


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What are the qualified analyst’s responsibilities?
The qualified analyst must ensure that:
  • The sample is not used for any purpose other than the analysis required under the Testing Order,
  • The sample is not released or accessible to anyone other than a person who is carrying out the analysis required by the Testing Order on behalf of the qualified analyst, and
  • The results of the analysis are not disclosed except in accordance with the Emergency Intervention Disclosure Act or the Public Health Act.


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What is the physician’s role in testing?
As soon as reasonably possible after receiving the test results from the qualified analyst of the BC Centre for Disease Control, the applicant’s physician must notify the applicant (exposed individual) of the test results, and the source individual’s physician must notify the source individual of the test results.

If the applicant or the source individual is a minor or a represented adult, the physician may notify that person’s guardian of the test results.

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Test Results

Information for Exposed Individual

How and when do I get the test results on the source individual?
The applicant’s (exposed individual) physician is required to notify the applicant of the test results from the Testing Order as soon as reasonably possible after they receive the results from the BC Centre for Disease Control.

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Are the test results confidential?
Yes. The Emergency Intervention Disclosure Act requires that you keep all information obtained confidential, including the test results. Individuals convicted of sharing this information with others in contravention of the Act face fines of up to $10,000 for each day that the contravention continues. Please see the confidentiality of information section for more information.

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Information for Source Individual

I am the source individual, how and when do I get my test results?
If you provided your physician’s name to the health facility that took your blood sample for testing, your physician will provide you with the results. The source individual’s physician is required to notify the source individual of the test results relating to the Testing Order as soon as reasonably possible after the physician receives the results from the BC Centre for Disease Control.

If you do not have a physician, the BC Centre for Disease Control will send the results to you directly.

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Are test results reported or recorded in the health care system?
Your test results will be recorded in the Province’s laboratory information system, as is the case for all British Columbians’ lab test results. You have the right to apply a disclosure directive to your electronic health record, allowing you to choose which health care providers can access your results.

When you are tested, you will be provided with the option of whether to have your name and address included on a report to a medical health officer should you test have positive for HIV.

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Information for Health Care Providers

What is the physician’s role after receiving the test results?
As soon as reasonably possible after receiving the test results from the qualified analyst of the BC Centre for Disease Control, the applicant’s physician must notify the applicant (exposed individual) of the test results, and the source individual’s physician must notify the source individual of the test results.

If the applicant or the source individual is a minor or a represented adult, the physician may notify that person’s guardian of the test results.

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Appeals

Can I appeal a decision made by the court?


The source individual and the exposed individual (applicant) have the right to appeal the Provincial Court decision relating to a Testing Order to the Supreme Court of British Columbia.
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Confidentiality

What information is confidential?
A person must not disclose any information concerning either the applicant for a Testing Order (exposed individual) or the source individual if the information comes to the person’s attention in the course of carrying out responsibilities under the Emergency Intervention Disclosure Act or as a result of obtaining a Testing Order, except as permitted by the Act.
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What are the exceptions for disclosing confidential information?
The prohibition against disclosing information that is confidential under the Emergency Intervention Disclosure Act does not apply in the following circumstances:

 

  • In the course of administering the Emergency Intervention Disclosure Act or of carrying out a duty imposed or exercising a power given under the Act,
  • As required by law,
  • With the consent of the person the information is about,
  • In the course of a consultation between qualified health professionals, or
  • In the case of information about a person who is a minor or represented adult, to a guardian of that person.
In addition, the test results from a Testing Order may be disclosed in the following situations:
  • To the Workers’ Compensation Board (WorkSafeBC) for the purposes of section 6.2 of the Workers Compensation Act, as long as the disclosure does not include information that would identify the source individual who was tested. Refer to the section on Workers' Compensation Claims.
  • For entry into the Provincial Laboratory Information Solution Repository established as a health information bank under the E-Health (Personal Health Information Access and Protection of Privacy) Act.


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What if I am compelled to give evidence in a legal proceeding?
You must not disclose information that is confidential under the Emergency Intervention Disclosure Act unless the judge or other person presiding over the proceeding determines that the information should be disclosed. See section 9(3) of the Act for further information.

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Minors (Children)

What if the person to be served a document is a minor?
If the person to be served is under the age of 19, you should instead personally serve the document or notification on the guardian of that person. Refer to the section on Serving Documents.

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What are the guardian’s responsibilities for a Testing Order issued for a minor?
The guardian of a minor (a child under age 19) must take all reasonable steps to ensure that the minor complies with the Testing Order.

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Penalties

Are there penalties for not complying with a Testing Order?
If a source individual does not comply with a Testing Order issued by the Provincial Court, the Emergency Intervention Disclosure Act provides for fines of up to $10,000, upon conviction, for each day that the contravention continues.

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What are the penalties for violating the confidentiality provisions?
The Emergency Intervention Disclosure Act provides for a fine of up to $10,000 for an individual and up to $25,000 for a corporation convicted of contravening the confidentiality requirements. If the offence continues for more than one day, separate fines may be imposed for each day the offence continues.

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Provincial Court and Court Registries

Where do I file all the documents?
The documents must be filed at a Provincial Court registry in British Columbia. Visit the Ministry of Justice, List of Courthouse Locations.

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How quickly will the court schedule the hearing for a Testing Order?
The Emergency Intervention Disclosure Act requires that the Provincial Court hear an application for a Testing Order “as soon as practicable.” The Provincial Court registry office will determine when that will be when you file your Application with the court.

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Is the court hearing open to the public?
Generally court hearings are open to the public. However, the Emergency Intervention Disclosure Act permits the court, on application or on its own motion, to exclude the public from all or part of a hearing. The applicant (source individual) may apply to the Provincial Court if he or she wishes to have the public excluded from all or part of the hearing.

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Serving Documents

What is service of documents?
The Emergency Intervention Disclosure Act requires that certain notifications and documents must be provided directly to another person. Getting the paperwork from one person to another is called "service of documents."

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What documents and notices need to be served?
The Emergency Intervention Disclosure Act requires that the following notifications and documents must be personally served on another person.
  • An exposed individual who intends to apply for a Testing Order must serve a completed Notice of Intention on the source individual at least 3 days before applying for the Testing Order.
  • An applicant must serve the completed Application to Obtain a Testing Order Form, including the completed Physician’s Report, on the source individual at least 4 days before the court hears the application.
  • If the court grants a Testing Order, the applicant must serve the following documents on both the source individual and the health facility identified in the Testing Order:
    • The Testing Order
    • The “Information Accompanying Testing Order” document


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How do I serve a notification or document?
The Emergency Intervention Disclosure Act only permits personal service as the method for serving documents and notifications on another person.

To serve a document personally:
  • You or someone acting on your behalf will simply hand the document to the intended recipient. If the person refuses to take it, you can drop it on the floor at their feet.
  • If the recipient is a medical laboratory or other health facility, you can leave the document with a receptionist or with the person who seems to be in charge.
  • If the person to be served is under the age of 19, you should instead personally serve the document on the guardian of that person.
Keep a copy of any documents you serve on another individual.

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Do I have to serve the documents myself?
No, you don't. You can have someone else serve it for you.

Sometimes distance makes it inconvenient or impossible for you to serve the documents. Or you may feel that you will be in an awkward or even dangerous situation if you serve the documents yourself. In any of these cases, there are professional process servers who will personally serve the recipient for you, for a fee. You can get the name of a process server from the yellow pages telephone directory or the internet.

Or, you can ask a friend to do it for you. If the recipient is in another town, you might be able to courier it to a friend there (or mail it if timeframes permit) and have him or her serve it for you.

If you have someone else serve a notification or document for you, you should make sure that the other person is aware of any required time frames for serving the document, and the requirement for an Affidavit of Personal Service to be signed whoever has served the document. You must file the completed and signed Affidavit of Personal Service with the Provincial Court registry office.

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What if the documents cannot be personally served on the other person?
You might find when you go to serve a document, the person has moved and cannot be found. Or maybe the person knows you are trying to serve the document and is avoiding you. If this occurs, you can make an application to the court to let you serve the document in some other way (called substitutional service). The outcome of this application will depend on the circumstances.

For example, if you know where the person lives but they refuse to come to the door, or arrange not to be there whenever you knock, you might get permission to serve the document by taping it to the recipient’s front door.

Another example would be if you know that the recipient lives in a certain town but you can't find out the address, you might get permission to serve the document by publishing a legal notice in the classified section of the local newspaper. This can be an expensive option.

In yet another example, the court might allow you to serve the document by leaving it with a relative of the person, or leaving it at the person's last known address.

The more you know about the person’s circumstances, the better. The court will make an order allowing service in whatever way is most likely to bring it to the person’s attention.

Before asking for some other method of service, you should already have tried several times to serve it in the normal way. Be prepared to give details of how you tried to serve the document, what happened and why the substitutional method of service you are asking for will succeed.

Normally, the court will make an order allowing for some other method of service and you must also serve a copy of that order on the person.

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How do I prove that a document has been served?
If you or someone else served the document personally, you prove it by filing an Affidavit of Personal Service with the Provincial Court registry office. The affidavit simply says who served the document and how and when it was served.

If there is more than one person served, a separate Affidavit of Personal Service must be prepared for each person.

Keep a copy of any Affidavit of Personal Service you file with the court registry.

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How do I change my address for serving documents?
It is up to you to be sure that the court and the other parties in the case always have your proper address so that they can serve documents on you.

If your address changes, you should write to the court registry to let them know. A postcard will do - just be sure to print clearly your name, your new address and the file number of your case. You will have to send the same thing to every other party in the case: the exposed individual, the source individual and any third parties.

If you don't advise the registry and the other parties involved of your change of address, they are entitled to keep sending things to your old address and it will not be possible to keep you informed about what is happening in your case.

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Can I proceed with the court hearing if I have not been able to serve the Application for a Testing Order or the Notification of Intent?
The Emergency Intervention Disclosure Act permits the court to hear an application for a Testing Order without serving the Notice of Intention or the Application to Obtain a Testing Order on the source individual if you satisfy the court that, in the circumstances, it is impossible or impracticable for you to serve the document within a reasonable time. You must provide the court with the reasons why it is impossible or impracticable to serve the documents within a reasonable time. As well, if you tried to serve the documents, you should provide details on your efforts to do so.

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Important Dates and Deadlines

Are there any dates or deadlines in the process?
Yes. The following are important deadlines that must be adhered to under the Emergency Intervention Disclosure Act:

 

  • You cannot submit an Application to Obtain a Testing Order until at least 3 days have passed since the date that you served the Notice of Intention.
  • You must submit the Application to Obtain a Testing Order within 30 days of the date that you came into contact with the blood or other bodily substance of the source individual.
  • You must personally serve the Application to Obtain a Testing Order and completed Physician’s Report on the source individual after the Provincial Court registry office has entered the date, time and location of the court hearing on the Application, and at least 4 days before the scheduled date for the court hearing.


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Workers’ Compensation Claims

When do I need to notify WorkSafeBC?
If a worker is exposed to blood or other bodily fluids in the course of their employment, which results in a work-related injury or disease, the worker, employer and the worker’s physician are required to report the injury or occupational disease to WorkSafeBC. Please visit WorkSafeBC for further information on reporting an injury or occupational disease.

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What is the presumption under section 6.2 of the Workers Compensation Act?
If a worker has contracted Hepatitis B, Hepatitis C or HIV, section 6.2 of the Workers Compensation Act provides a presumption that the disease is due to the nature of the worker’s employment, unless there is evidence to the contrary, if all of the following conditions are met:

 

  • The worker came into contact with the blood or other bodily substance of the source individual in the course of the worker’s employment.
  • The worker obtained a Testing Order respecting the source individual under the Emergency Intervention Disclosure Act.
  • The test results from the Testing Order indicate that the source individual is infected with the virus that causes the disease that the worker contracted.
The presumption assists workers covered by the Emergency Intervention Disclosure Act to qualify for worker’s compensation benefits without having to provide additional medical or other evidence regarding their situation.

Test results from a Testing Order may be disclosed to the Workers’ Compensation Board (WorkSafeBC) for the purposes this presumption, as long as the disclosure does not include information that would identify the source individual who was tested.

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Do I have to apply for a Testing Order to qualify for workers’ compensation?
No. A worker may be entitled to compensation for occupational exposures to blood and other bodily substances without mandatory testing of the source individual, including workers covered by the Emergency Intervention Disclosure Act.

For more information on disease exposures, please refer to WorkSafeBC's policy C3-12.30 on infectious agent and disease exposures. For further information on occupational diseases, please visit WorkSafeBC.

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Last Reviewed: June 2016

Is it an emergency?

If you or someone in your care has chest pains, difficulty breathing, or severe bleeding, it could be a life-threatening emergency. Call 9-1-1 or the local emergency number immediately.
If you are concerned about a possible poisoning or exposure to a toxic substance, call Poison Control now at 1-800-567-8911.

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