Parentage Testing Regulations

t CHILDREN’S LAW ACT PARENTAGE TESTING REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to March 1, 2021. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Parentage Testing Regulations Table of Contents PARENTAGE TESTING REGULATIONS Table of Contents Section Page 1. Definitions................................................................................................................................................ 5 2. Parties to give blood samples ................................................................................................................... 5 3. Function of testing facility ....................................................................................................................... 6 c t Current to: March 1, 2021 Page 3 Parentage Testing Regulations Section 1 CHILDREN'S LAW ACT CHAPTER C-6.1 PARENTAGE TESTING REGULATIONS Pursuant to section 87 of the Children's Law Act R.S.P.E.I. 1988, Cap. C-6.1, Council made the following regulations: 1. Definitions In these regulations, (a) “Act” means the Children’s Law Act R.S.P.E.I. 1988, Cap. C-6.1; (b) “party” means a person who is a party to an application under Part 4 of the Act; (c) “testing facility” means a laboratory which conducts parentage tests that is (i) operated by Health PEI, (ii) accredited by the Standards Council of Canada, or (iii) approved by the order of the court to conduct a parentage test for the purposes of section 25 of the Act. (EC100/21) 2. Parties to give blood samples (1) Where a court orders a person to have a tissue sample or blood sample, or both, taken pursuant to section 25 of the Act, (a) the person shall attend at the office of a medical practitioner or other qualified person as directed by the court to have the sample taken; and (b) in the case of a child who is under 18 years of age, a parent of the child or other person with legal authority to make decisions in respect of the child shall ensure that the child attends at the office of the medical practitioner or other qualified person as directed by the court to have the child’s sample taken. Attendance (2) For greater certainty, subsection (1) does not require persons to attend at the office of the same medical practitioner or other qualified person. Proof of identity (3) Adult parties presenting themselves for the taking of blood or tissue samples under this section are required to present proof of identity to the medical practitioner or other qualified person by production of (a) a driver’s license with photograph; c t Current to: March 1, 2021 Page 5 Section 3 Parentage Testing Regulations (b) a passport; or (c) another means of identification that the court specifies in the order. Exception (4) Subsection (3) does not apply where the person is known personally to the medical practitioner or other qualified person and is identified on that basis. Where identity in dispute (5) Where the identity of a person who has been tested in accordance with these regulations is in dispute, the court may require the medical practitioner or other qualified person who took the blood or tissue sample to attend as a witness at the hearing of the application under Part 4 of the Act. Duty of medical practitioner or other person (6) The medical practitioner or other qualified person who took the blood or tissue sample shall (a) send the sample to the testing facility and request that the testing facility conduct a parentage test; and (b) on request of the party whose blood or tissue sample has been taken, provide written confirmation to the party that (i) the blood or tissue sample of the party or child or both, as the case may be, was taken for the purposes of conducting a parentage test, and (ii) the date that the sample was taken. Party to file written confirmation (7) A party that receives a written confirmation referred to in clause (6)(b) shall, on the request of a party to the application or the direction of the court, file the written confirmation with the Registrar. (EC100/21) 3. Function of testing facility (1) Where a testing facility conducts a parentage test for the purposes of section 25 of the Act, (a) the blood or tissue sample of the person and the child shall be tested in order to exclude or not exclude the person as the parent of the child; and (b) the results of the parentage test shall be reported in writing to (i) the person who requested that the parentage test be conducted under clause 2(6)(a), or (ii) the medical practitioner of the party whose blood or tissue sample was taken. Person to provide written copy of results (2) The person referred to in clause (1)(b) who receives the results of the parentage test shall provide a written copy of the results to the party whose blood or tissue sample was taken and to the Registrar. Copies to parties (3) The Registrar shall send copies of the results of the parentage test to the respective parties. Evidence - written copy of results (4) A written copy of the parentage test results that is provided by a testing facility is receivable in evidence as proof that the blood or tissue sample of the party named has been tested and matched as reported. Page 6 Current to: March 1, 2021 t c Parentage Testing Regulations Section 3 Evidence - signed copy of results (5) A written copy of the parentage test results, signed by an authorized representative of the testing facility that conducted the parentage test, shall, without further proof, be admissible in evidence as proof of the exclusion or non-exclusion of an alleged parent with respect to the parentage of the child named in the report. (EC100/21) c t Current to: March 1, 2021 Page 7