In Canada, you must disclose HIV status

Canada's Supreme Court ruled late last week that a person is not
always legally required to advise sexual partners of his or her HIV+
status. The court found that in very specific cases such disclosure
was not required by law.

The Court ruled that individuals with "low levels" of HIV and who use
a condom are not obligated to disclose their HIV status to sexual
partners. All nine judges agreed, claiming that the "realistic
possibility of transmission of HIV is negated" provided the carrier of
the virus has a low viral load and uses protection during sexual
intercourse.

This still means that HIV+ men risk being charged with aggravated
assault if they have condomless sex or if they use a condom but have a
significant viral load - but only if they do not tell their partner.

One of the cases the Supreme Court reviewed involved a Sudanese man
who had sex with multiple women, including a 12-year-old girl, and did
not notify them of his status. The court found that charges against
him for aggravated assault should stand in instances where a condom
was not used, but charges should be dropped in cases where a condom
was used based upon the low levels of HIV in his system.

Not everyone was happy with the court's decision, saying it still
criminalizes those with HIV.

"Why should people who do use condoms and protect their partners ...
why should they be criminalized if they can't prove a (low) viral
load?" asked Alison Symington, senior policy analyst with the Canadian
HIV/ AIDS Legal Network. "It's fine to say the court isn't targeting
these people, but that's what the law is."

HIV disclosure ruling clarified by top court [CBC]

Supreme Court HIV rulings angers advocates [The Globe and Mail]