Acts and Regulations

A-17.5 - Automated Defibrillator Act

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Current to 1 January 2024
Automated Defibrillator Act
Assented to June 19, 2009
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definition of “automated defibrillator”
1In this Act, “automated defibrillator” means an automated external medical heart monitor and defibrillator that is capable of the following:
(a) recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;
(b) determining, without intervention by an operator, if defibrillation should be performed; and
(c) automatically charging and delivering an electrical impulse to an individual’s heart as medically required.
Protection from civil liability: user of automated defibrillator
2Despite the rules of common law, a person who in good faith voluntarily and without reasonable expectation of compensation or reward uses an automated 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 automated defibrillator, unless it is established that the damages were caused by the gross negligence of the person who used the automated defibrillator.
3For the purpose of section 2, an emergency exists if the behaviour of a person reasonably leads another to believe that the person is experiencing a life-threatening event that requires the provision of immediate care to assist the heart or other cardiopulmonary functioning of that person.
Reimbursement of expenses
4The reimbursement that a person receives for expenses that the person reasonably incurs in using a defibrillator does not constitute compensation or reward for the purpose of section 2.
N.B. This Act is consolidated to June 19, 2009.