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HIV Testing & Disclosure

People who are concerned that they may have been exposed to HIV can ask to be tested. This can be done anonymously. In some cases, a public health officer can require a person to be tested. There are also certain reporting and disclosure requirements for those with HIV.

Testing for HIV

For more information on HIV testing and treatment, see the provincial government’s website.

HIV is a serious infectious disease, however treatment can make it very manageable. For this reason, it is important to undergo testing if you think you have been exposed. You can be tested through a doctor's office or a community medical clinic. There are also special clinics where you can choose to have the testing done anonymously. Public health officers are also able to order testing to protect public health.

Anonymous Testing

Anonymous testing takes place in special clinics. Individuals are not asked to provide their name or any other identifying information. They are assigned an anonymous code that is also assigned to the blood sample collected for testing. No one else has access to information that discloses the test results and the identity of the individual tested. For tracking purposes, HIV-positive results are reported to the province. Only the test result is reported, however, not the individual's name.

Mandatory Testing

In Saskatchewan, a designated public health officer may order an individual to be tested for HIV. They can do this if they believe the person has HIV and testing is necessary for the protection of public health. They may also order things such as counselling to discuss ways to decrease or eliminate a public health risk. These orders may be appealed to a court.

Reporting Test Results

Doctors must keep a patient’s HIV and AIDS status confidential unless the law allows or requires them to release the information. In Saskatchewan, HIV and AIDS are both classified as category II infectious diseases. This means they must be reported to various health agencies. Unless testing was done anonymously, these reports will include the patient’s name.

Disclosure of HIV Status

Anyone who has tested positive for HIV or AIDS must inform people who they may have infected unless the testing was done anonymously. They can either do this themselves or ask a health care professional to do it for them. This allows the person who may have been infected to be tested. If they are not tested, their health may be affected and they may further spread the disease.

Individuals should educate themselves about ways to avoid transmitting the virus. Others can be infected, for example, through sexual activity or sharing needles. If you know that you have HIV, you must tell others before engaging in sexual activity if there is a realistic chance of giving them the virus. Failing to do so may result in a criminal charge such as aggravated sexual assault. Criminal charges could also result from other types of activity if the individual knowingly places another person at risk.

Disclosure of HIV is not required in every case. The Supreme Court of Canada has ruled that there is no duty to disclose when the individual had a “low or undetectable viral load” at the time of the sexual activity and used a condom. As we learn more about the transmission of HIV, the legal tests will continue to evolve.

To learn more, see the Department of Justice Canada’s fact sheet on HIV Non-Disclosure and the Criminal Law.

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PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.