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Mandatory Testing and Disclosure Regulations

made under Section 23 of the

Mandatory Testing and Disclosure Act

S.N.S. 2004, c. 29

O.I.C. 2006-246 (May 12, 2006, effective June 1, 2006), N.S. Reg. 75/2006


1     These regulations may be cited as the Mandatory Testing and Disclosure Regulations.


2     (1)    In these regulations, “Act” means the Mandatory Testing and Disclosure Act.


       (2)    In the Act and these regulations,


                (a)    “emergency first aid” means first aid services performed by


                         (i)     a volunteer under the Volunteer Service Act, or


                         (ii)    a person trained to provide first aid, including a registered pre-hospital first responder as defined in the Emergency Health Services Act;


                (b)    “emergency health care services” means services performed by a registered paramedic while on duty;


                (c)    “local registrar” means a clerk of the court;


                (d)    “peace officer” includes all of the following:


                         (i)     sheriff, deputy sheriff, and sheriff’s officer,


                         (ii)    a person employed to provide correctional services,


                         (iii)   a police officer;


                (e)    “person employed to provide correctional services” means any of the following:


                         (i)     a member of the Correctional Service of Canada who is designated as a peace officer under Part 1 of the Corrections and Conditional Release Act (Canada),


                         (ii)    an employee of the Correctional Services Division of the Department of Justice and includes an assistant probation officer;


                (f)    “police officer” means


                         (i)     a member of the Royal Canadian Mounted Police,


                         (ii)    a member, special constable or by-law enforcement officer of a municipal police department appointed under subsection 37(4) of the Police Act,


                         (iii)   a chief officer of a municipal police department appointed under subsection 38(1) of the Police Act, and


                         (iv)   a member of the Nova Scotia Provincial Police appointed under Section 28 of the Police Act;


                (e)    “registered paramedic” means a registered paramedic as defined in the Emergency Health Services Act.

Communicable diseases

3     All of the following diseases and conditions are prescribed as communicable diseases under the Act:


                (a)    hepatitis B;


                (b)    hepatitis C;


                (c)    human immunodeficiency virus (HIV).

Physician report

4     A physician report must be in the form set out in Schedule A and must be completed by a physician licensed under the Medical Act.

Schedule A

Physician Report

Mandatory Testing and Disclosure Act

Note to Physicians: The Mandatory Testing and Disclosure Act permits an individual who meets the criteria outlined in the legislation and who is exposed to bodily fluids (the “exposed person”) to ask a court to order the individual who is the source of the bodily fluids (the “source individual”) to be tested for HIV, Hepatitis B and Hepatitis C. The exposed person must give the court a report from a physician as part of this process. This is the physician report form that is prescribed in the Mandatory Testing and Disclosure Regulations.

Compensation for physicians for completion of this form shall be paid on a sessional fee basis up to one hour. Invoices should be mailed in envelopes marked “Private and Confidential” to: Department of Health and Wellness, Office of Chief Medical Officer of Health, PO Box 488, Halifax, N.S. B3J 2R8.
[Note: the reference to the Department has been updated in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, effective January 11, 2011.]

Exposed Person

(please print)

Surname: _______________

First name: _______________

Middle name _____________

Date of birth (year/month/day): _____________________

Age: ________________

Occupation: ______________________________________

Address: ____________________________________________________________________

Description of Exposure

1. Date of exposure: _________________________________________________________

2. Location of injury or nature of exposure:

Information on Exposed Person

Has the exposed person:


      (1)     been assessed post-exposure?               yes _____      no _____        unknown _____


      (2)     received counselling post-exposure?    yes _____      no _____        unknown _____


      (3)     had baseline testing for:         HIV:          yes _____      no _____        unknown _____

                                                          HBV:          yes _____      no _____        unknown _____

                                                          HCV:          yes _____      no _____        unknown _____


                If yes, what are the results? 

                HIV:                   pos _____    neg _____    unknown _____  declines to disclose _____

                HBV: HbsAg      pos _____    neg _____    unknown _____  declines to disclose _____

                          Anti HBs  pos _____    neg _____    unknown _____  declines to disclose _____

                HCV:                 pos _____    neg _____    unknown _____  declines to disclose _____


      (4)     had Hepatitis B immunization? yes _____  no _____

                If yes: # of doses _____   date(s) ______________________________________


      (5)     been offered post-exposure prophylaxis?

                Antiretroviral drugs:                   offered _____   received _____     refused _____

                Hepatitis B immune globulin:      offered _____   received _____     refused _____

                Vaccination for Hepatitis B:       offered _____   received _____     refused _____

Pertinent History and Physical Findings


Assessment of Risk

Based on your assessment of the exposure and the susceptibility of the exposed person, do you consider the exposed person to be at risk for:


                HIV:           yes _____             no _____

                HBV:         yes _____              no _____

                HCV:         yes _____              no _____

Necessity of Testing Order

In your view, is testing the source individual necessary to decrease or eliminate the risk to the exposed person’s health resulting from the exposure to bodily fluids from the source of the individual:

yes _____ no _____

Other Comments


Physician Completing