BILL NO. 49
1st Session, 64th General Assembly
70 Elizabeth II, 2021
Private Member's Bill
Defibrillator Public Access Act
First Reading: October 22, 2021
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Defibrillator Public Access Act.
2 In this Act,
(a) "AED Registry" means the Registry established pursuant to this Act containing a listing of the locations of automatic external defibrillators at designated premises;
(b) "automatic external defibrillator" means an automated external medical heart monitor and defibrillator that is capable of
(i) recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia,
(ii) determining, without intervention by an operator, whether defibrillation should be performed,
(iii) automatically charging and requesting delivery of an electrical impulse to an individual's heart as medically required, and
(iv) satisfying any other criteria prescribed by the regulations;
(c) "designated premises" means premises accessible to the public, that are designated by the regulations;
(d) "emergency" means a situation during which the behaviour of an individual reasonably leads another individual to believe that the first individual is experiencing a life-threatening event that requires the provision of immediate care to assist the heart or other cardiopulmonary functioning of that person;
(e) "health-care professional" means a member of a health profession governed by a body listed in the Schedule to the Regulated Health Professions Network Act;
(f) "Minister" means the Minister of Municipal Affairs and Housing;
(g) "Registrar" means the Registrar appointed pursuant to this Act.
3 (1) The owner of designated premises shall ensure that one or more automatic external defibrillators are installed at the premises in accordance with the regulations.
(2) A defibrillator installed pursuant to subsection (1) must be located in a place that is accessible for use by the public in accordance with the regulations.
4 The owner of designated premises at which an automatic external defibrillator is installed under this Act shall, in accordance with the regulations,
(a) post and keep continuously displayed, signs about the exact location and instructions for the use of the defibrillator at the premises; and
(b) within 30 days of the installation, register the defibrillator, including details of its location, with the Registrar.
5 When an automatic external defibrillator registered under this Act is moved to a different location at the designated premises, or is a removed from the premises for any reason, the owner of the designated premises shall notify the Registrar in accordance with the regulations.
6 Subject to Section 14, there is hereby established an AED Registry.
7 Subject to Section 14, the Minister shall appoint a Registrar of the AED Registry who has the functions and duties set out in this Act and in the regulations.
8 The Registrar shall
(a) maintain a public up-to-date website identifying the location of automatic external defibrillators by civic address, premises name and other location identifiers as prescribed by the regulations;
(b) notify emergency service providers and other persons as prescribed by the regulations of
(i) the registration of an automatic external defibrillator under this Act, and
(ii) the moving to a different location or the removal of an automatic external defibrillator from a designated premise; and
(c) carry out all functions and duties set out in this Act and the regulations.
9 (1) A person who in good faith voluntarily and without reasonable expectation of compensation or reward uses an automatic external defibrillator on a person experiencing an emergency is not liable for damages that result from the person's negligence in acting or failing to act while using the automatic external defibrillator, unless it is established that the damages were caused by the gross negligence of the person who used the automatic external defibrillator.
(2) Subsection (1) applies to
(a) a health-care professional, if that person does not use the automatic external defibrillator at a hospital or other place having appropriate health-care facilities and equipment for the purpose of defibrillation; and
(b) an individual, other than a health-care professional, who uses a defibrillator at the immediate scene of an emergency.
10 (1) Notwithstanding the Occupiers' Liability Act, any person who owns or occupies designated premises where an automatic external defibrillator is made available for use and who acts in good faith with respect to the availability or use of the automatic external defibrillator is exempt from civil liability for any harm or damage that may occur from the use of the automatic external defibrillator.
(2) Subsection (1) does not exempt the person who owns or occupies the premises where an automatic external defibrillator is made available for use from civil liability if
(a) that person acts with gross negligence with respect to making the automatic external defibrillator available;
(b) that person fails to properly maintain the defibrillator; or
(c) the designated premises where the automatic external defibrillator is made available for use is a hospital or other premises used primarily for the purpose of providing health care to individuals.
11 For greater certainty, Sections 9 and 10 apply whether or not the automatic external defibrillator was required to be installed or registered under this Act.
12 No action or proceeding may be brought against the Minister, the Registrar or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.
13 (1) The Governor in Council may make regulations
(a) prescribing criteria for the purpose of the definition of "automatic external defibrillator";
(b) respecting the designation of premises under clause 2(c);
(c) respecting the installation and location of automatic external defibrillators at designated premises;
(d) respecting the manner in which automatic external defibrillators must be made available for use by the public at designated premises;
(e) respecting the form, content and the manner of posting information regarding the location and use of automatic external defibrillators, including the use of an electronic application;
(f) respecting requirements to notify the Registrar when an automatic external defibrillator is moved at or removed from a designated premise;
(g) respecting the functions and duties of the Registrar;
(h) prescribing location identifiers and persons for the purpose of Section 8;
(i) defining any word or expression used but not defined in this Act;
(j) further defining any word or expression defined in this Act;
(k) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
14 The money required for the purpose of this Act must be paid out of money appropriated for that purpose by the Legislature.
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