Defibrillator Registration and Public Access Act, 2019, S.O. 2020, c. 8 - Bill 141

• Jurisdiction: Ontario
• Date: 18 June 2020
• Bill Number: 141

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 141 and does not form part of the law. Bill 141 has been enacted as Chapter 8 of the Statutes of Ontario, 2020.

The Defibrillator Registration and Public Access Act, 2020 is enacted. The Act imposes certain requirements respecting the installation, maintenance, testing and availability of defibrillators on designated premises or public premises. The Act also requires defibrillators at such premises to be registered with the registrar within specified time periods, and for the prescribed persons to be notified of the registrations. Regulations may be made under the Act setting out details relating to the requirements under the Act.

chapter 8

An Act respecting registration of and access to defibrillators

Assented to June 18, 2020

Preamble

Each year, approximately 7,000 Ontarians will experience cardiac arrest. Up to 85 per cent of cardiac arrests occur at home or in public places. Almost half of cardiac arrests are witnessed by a family member or friend. When used in conjunction with CPR in the first few minutes after a cardiac arrest, defibrillation can dramatically improve cardiac arrest survival rates by more than 50 per cent. Ensuring that automated external defibrillators are available to members of the public may prevent tragedies from occurring.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1 In this Act,

“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, whether defibrillation should be performed,

(c) automatically charging and requesting delivery of an electrical impulse to an individual’s heart as medically required, and

(d) satisfying any other prescribed criteria; (“défibrillateur”)

“designated premises” means premises accessible to the public that are designated by the regulations; (“lieu désigné”)

“Minister” means the member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“regulations” means the regulations made under this Act; (“règlements”)

“prescribed” means prescribed by the regulations. (“prescrit”)

Designation of registrar

2 The Minister may designate a registrar for the purpose of this Act.

Requirements re installation, access, maintenance, etc.

Designated premises

3 (1) Every person who owns or operates designated premises shall,

(a) ensure that defibrillators are installed at the premises in accordance with the regulations;

(b) ensure that any defibrillators installed at the premises are available for use in locations that facilitate easy access to the defibrillator, as described in the regulations;

(c) ensure that the location of a defibrillator at the premises is appropriately indicated with signs in accordance with the regulations;

(d) ensure that any defibrillator installed at the premises is maintained and tested in accordance with the manufacturer’s guidelines and with any other guidelines as may be prescribed; and

(e) ensure that training is undertaken by prescribed persons for the use of a defibrillator, according to the prescribed training and education guidelines.

Public premises

(2) Every person who owns or operates public premises at which a defibrillator is installed shall comply with the requirements in clauses (1) (b) to (e).

Registration of defibrillator

4 (1) Every person who owns or operates designated premises or public premises at which a defibrillator is installed shall register the defibrillator with the registrar,

(a) within 30 days after it is installed; or

(b) if, on the day this subsection comes into force, the defibrillator has already been installed, no later than 30 days after that day.

Defibrillator moved or removed

(2) Subject to the regulations, if a defibrillator registered with the registrar is moved to a different location at the designated premises or public premises, or is removed from the premises for any reason, the owner or operator of the premises must notify the registrar in accordance with the regulations.

Notification re defibrillators

5 The registrar must, in accordance with the regulations, notify the prescribed persons about,

(a) the registration of any defibrillator under section 4; or

(b) the subsequent moving of the defibrillator to a different location within the premises or its removal from the premises.

Inspectors

6 (1) The Minister may appoint inspectors for the purposes of this Act.

Inspection

(2) An inspector may, without warrant and without notice, enter any...