Bill 71 2006

An Act to promote the use of automated external heart defibrillators

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1.  In this Act,

"defibrillator" means an automated external medical heart monitor and defibrillator that is capable of,

(a) recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia,

(b) determining, without intervention by an operator, whether defibrillation should be performed, and

(c) automatically charging and requesting delivery of an electrical impulse to an individual's heart as medically required; ("défibrillateur")

"perceived medical emergency" means a situation during which the behaviour of a person reasonably leads another person to believe that the person is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of that person. ("urgence médicale perçue")

Protection from civil liability, user of defibrillator

2.  (1)  Any person who uses a defibrillator on a victim of a perceived medical emergency in good faith without gross negligence or reckless misconduct with respect to the defibrillator is exempt from civil liability for any harm or damage that may occur from that use.

Same, owner or operator of premises where defibrillator installed

(2)  Any person who owns or operates premises on which a defibrillator is installed and who acts in good faith without gross negligence or reckless misconduct with respect to the defibrillator is exempt from civil liability for any harm or damage that may occur from the use of the defibrillator.

Exception, failure to maintain defibrillator

(3)  Subsection (2) does not apply to exempt the person who owns or operates the premises on which the defibrillator is installed from civil liability if that person fails to properly maintain the defibrillator.

Commencement

3.  This Act comes into force on the day it receives Royal Assent.

Short title

4.  The short title of this Act is the Heart Defibrillator Use Civil Liability Act, 2006.

EXPLANATORY NOTE

The Bill aims to promote the use of automated external heart defibrillators by ensuring that users of defibrillators and the owners and operators of premises on which they are installed are protected from civil liability.