In 2012, the Supreme Court of Canada (SCC) held that the criminal law imposes a duty on a person to disclose HIV positive status before sexual activity that poses a “realistic possibility of transmission” so that the HIV negative sexual partner has the opportunity to choose whether to assume the risk of being infected

Is it illegal to not disclose HIV in Canada?

There is no requirement under Canadas Criminal Code to disclose ones HIV- positive status to past partners. Public health law, however, is a little different and varies by province.

Do you have to tell someone you have HIV in Canada?

In Canada, people living with HIV have an obligation under the criminal law to tell their sexual partners they are HIV-positive before having sex that poses what the courts call “a realistic possibility of transmission.”(See below for a breakdown of sexual acts and disclosure requirements.)

Is HIV reportable in Canada?

HIV and AIDS are both notifiable diseases. The national notification system is voluntary and receives cases reported through provincial or territorial departments of health. Provinces and territories have provincial or territorial legislation for the reporting of priority infectious diseases within their jurisdictions.

Do you have to tell people if youre undetectable?

Having an undetectable viral load and continuing to stay on medication means you are not putting your partner(s) at risk. There is no moral imperative to disclose when you are not putting your partner at risk.