Mandatory physician reporting of drivers with medical conditions: legal considerations

All Canadian provinces and territories have enacted some form of legislation regarding physician reporting of a patient who is believed to be unfit to drive a motor vehicle. In some jurisdictions, this duty is mandatory; in others, it is discretionary. In either case, the duty to report is an exception to the normal rules in respect of physician-patient confidentiality. In each jurisdiction, some form of statutory protection is provided to physicians while fulfilling their obligations to report, although conditions may exist for the protection to be applicable.

The present paper provides a legal perspective, comparing each of the Canadian jurisdictions with respect to reporting requirements, physician protection and the production of medical reports.