SECTION 28 EXEMPTIONS - CLINICAL TOOLS AGREEMENTS

Definition 1. In this Regulation, “clinical tool” means an assessment instrument or scoring instrument, whether in electronic or physical format, used by clinicians to evaluate, quantify or compare aspects of human behaviour, ability and mental wellness. Clinical tool agreements 2. A financial arrangement, financial commitment, guarantee, indemnity or similar transaction contained in an agreement for the use of clinical tools entered into by a ministry or public entity is exempt from the application of subsection 28 (1) of the Act if the following conditions are met: 1. The agreement is entered into within seven years from the day this Regulation comes into force. 2. The agreement does not require the ministry or public entity to indemnify another person in respect of that person’s negligence or wilful misconduct. Terms and conditions 3. The following terms and conditions apply in relation to an exemption under section 2: 1. The ministry or public entity shall manage any liabilities incurred in connection with a transaction exempted under section 2 from within its existing funds and may not request that the Treasury Board authorize supplementary expenditures under section 1.0.8 of the Act in respect of an exempted transaction. 4. Omitted (provides for coming into force of provisions of this Regulation).