Her Majesty, by and with the advice
and consent of the Legislative Assembly of New Brunswick, enacts as
Definition of “automated
1 In this Act, “automated 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, 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
2 Despite 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.
3 For 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
4 The 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.