Healing Arts Radiation Protection Act, R.S.O. 1990, c. H.2

• Jurisdiction: Ontario

Healing Arts Radiation Protection Act

R.S.O. 1990, Chapter H.2

Consolidation Period: From July 24, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 4, Sched. 2, s. 4.

CONTENTS

Interpretation

1 (1) In this Act,

“Appeal Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission d’appel”)

“Director” means the Director of X-ray Safety appointed under section 19; (“directeur”)

“inspector” means an inspector appointed under section 20; (“inspecteur”)

“Minister” means the Minister of Health and Long-Term Care; (“ministre”)

“owner”, when used with reference to an X-ray machine, means the owner or other person who has the management and control of the X-ray machine; (“propriétaire”)

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

“X-ray equipment” includes X-ray imaging systems, processing equipment and equipment directly related to the production of images for diagnosis or directly related to irradiation with X-rays for therapy; (“matériel de rayons X”)

“X-ray machine” means an electrically powered device the purpose and function of which is the production of X-rays for the irradiation of a human being for a therapeutic or diagnostic purpose; (“appareil à rayons X”)

“X-rays” means artificially produced electromagnetic radiation with peak energy greater than five kilovolts. (“rayons X”) R.S.O. 1990, c. H.2, s. 1 (1); 1998, c. 18, Sched. G, s. 51 (1); 2006, c. 19, Sched. L, s. 11 (2); 2009, c. 33, Sched. 18, s. 17 (2); 2011, c. 9, Sched. 19, s. 1.

Shielding

(2) In this Act, a reference to the installation of an X-ray machine includes a reference to the shielding of the area in which the X-ray machine is installed. R.S.O. 1990, c. H.2, s. 1 (2).

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. G, s. 51 (1) - 01/02/1999

2006, c. 19, Sched. L, s. 11 (2) - 22/06/2006

2009, c. 33, Sched. 18, s. 17 (2) - 15/12/2009

2011, c. 9, Sched. 19, s. 1 - 12/05/2011

Administration of Act

2 The Minister is responsible for the administration of this Act. R.S.O. 1990, c. H.2, s. 2.

Approval of installation

3 (1) No person shall install an X-ray machine unless the Director has issued written approval for the installation. R.S.O. 1990, c. H.2, s. 3 (1).

Issuance of approval

(2) Subject to subsection (3), any person who applies in accordance with this Act and the regulations for written approval for the installation of an X-ray machine and,

(a) submits to the Director the plans, specifications and information prescribed by the regulations;

(b) who meets the requirements of this Act and the regulations; and

(c) pays the fee for the approval established by the Minister,

is entitled to be issued the written approval. R.S.O. 1990, c. H.2, s. 3 (2); 1997, c. 15, s. 4 (1).

Criteria

(3) The Director may refuse to approve a proposed installation of an X-ray machine where,

(a) the proposed installation will not comply with this Act or the regulations;

(b) the application therefor is incomplete;

(c) the plans, specifications and information required by this Act and the regulations in respect of the installation of the X-ray machine have not been submitted to the Director or are incomplete; or

(d) any fees due are unpaid. R.S.O. 1990, c. H.2, s. 3 (3).

Installation

(4) Where the Director has issued written approval for the installation of an X-ray machine, no person shall install the X-ray machine other than in accordance with the plans, specifications and information on the basis of which the Director issued the written approval. R.S.O. 1990, c. H.2, s. 3 (4).

Revocation of approval

(5) Subject to section 10, the Director may revoke an approval where it was issued on mistaken or false information. R.S.O. 1990, c. H.2, s. 3 (5).

Approval of change

(6) Where the Director has given written approval for the installation of an X-ray machine and the X-ray machine has been installed in accordance with the plans, specifications and other information on the basis of which the Director issued the approval, no person shall change the installation without the written approval of the Director for the change. R.S.O. 1990, c. H.2, s. 3 (6).

Application of subss. (1-5)

(7) Subsections (1) to (5) apply with necessary modifications in respect of a change in an installation of an X-ray machine and, for the purpose, changing an installation of an X-ray machine shall be deemed to be installing an X-ray machine. R.S.O. 1990, c. H.2, s. 3 (7).

Section Amendments with date in force (d/m/y)

1997, c. 15, s. 4 (1) - 10/10/1997

Registration

4 (1) The owner of an X-ray machine shall not operate the X-ray machine or cause or permit the X-ray machine to be operated for the irradiation of a human being unless the X-ray machine, the location of the X-ray machine and the name and business address of the owner of the X-ray machine are registered with the Director. R.S.O. 1990, c. H.2, s. 4 (1).

Application

(2) Upon the application of the owner of an X-ray machine and upon payment of the fee established by the Minister, the Director shall register the X-ray machine, its location and the name and business address of the owner thereof. R.S.O. 1990, c. H.2, s. 4 (2); 1997, c. 15, s. 4 (2).

Notice of change

(3) An owner of an X-ray machine registered with the Director who changes his, her or its business address shall give written notice of the change to the Director within fifteen days of the occurrence of the change. R.S.O. 1990, c. H.2, s. 4 (3).

(4), (5) Repealed: 2011, c. 1, Sched. 6, s. 2 (1).

Section Amendments with date in force (d/m/y)

1997, c. 15, s. 4 (2) - 10/10/1997

2011, c. 1, Sched. 6, s. 2 (1) - 30/03/2011

Use of X-ray machine

5 (1) No person shall operate an X-ray machine for the irradiation of a human being unless the person meets the qualifications and requirements prescribed by the regulations. R.S.O. 1990, c. H.2, s. 5 (1).

Persons deemed to be qualified

(2) The following persons shall be deemed to meet the qualifications prescribed by the regulations:

1. A legally qualified medical practitioner.

2. A member of the Royal College of Dental Surgeons of Ontario.

3. A member of the College of Chiropodists of Ontario who has been continuously registered as a chiropodist under the Chiropody Act and the Chiropody Act, 1991 since before November 1, 1980 or who is a graduate of a four-year course of instruction in chiropody.

4. A member of the College of Chiropractors of Ontario.

5. Repealed: 1998, c. 18, Sched. G, s. 51 (2).

6. Repealed: 2011, c. 1, Sched. 6, s. 2 (1).

7. A member of the College of Medical Radiation and Imaging Technologists of Ontario.

8. A member of the College of Dental Hygienists of Ontario. R.S.O. 1990, c. H.2, s. 5 (2); 1998, c. 18, Sched. G, s. 51 (2, 3); 2011, c. 1, Sched. 6, s. 2 (1); 2017, c. 25, Sched. 6, s. 16.

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. G, s. 51 (2, 3) - 01/02/1999

2011, c. 1, Sched. 6, s. 2 (1) - 30/03/2011

2017, c. 25, Sched. 6, s. 16 - 01/01/2020

Instructions required

6 (1) No person shall operate an X-ray machine for the irradiation of a human being unless the irradiation has been prescribed by,

(a) a legally qualified medical practitioner or another person prescribed by the regulations;

(b) a member of the Royal College of Dental Surgeons of Ontario;

(c) a member of the College of Chiropodists of Ontario who has been continuously registered as a chiropodist under the Chiropody Act and the Chiropody Act, 1991 since before November 1, 1980 or who is a graduate of a four-year course of instruction in chiropody;

(d) a member of the College of Chiropractors of Ontario; or

(e) Repealed: 1998, c. 18, Sched. G, s. 51 (4).

(f) Repealed: 2011, c. 1, Sched. 6, s. 2 (2).

(g) a member of the College of Nurses of Ontario who holds an extended certificate of registration under the Nursing Act, 1991 or another person prescribed by the regulations. R.S.O. 1990, c. H.2, s. 6; 1998, c. 18, Sched. G, s. 51 (4); 2009, c. 26, s. 9 (1); 2011, c. 1, Sched. 6, s. 2 (2, 3); 2023, c. 4, Sched. 2, s. 4.

Same

(2) Despite subsection (1), a person may operate an X-ray machine for the irradiation of a human being if the irradiation is prescribed in a manner permitted by the regulations by a member of the College of Physiotherapists of Ontario. 2009, c. 26, s. 9 (2).

(3) Repealed: 2009, c. 26, s. 9 (2).

Section Amendments with date in force (d/m/y)

1997, c. 9, s. 4 - 11/02/1998; 1998, c. 18, Sched. G, s. 51 (4) - 01/02/1999

2009, c. 26, s. 9 (1, 2) - 01/04/2018

2011, c. 1, Sched. 6, s. 2 (2, 4) - 30/03/2011; 2011, c. 1, Sched. 6, s. 2 (3) - 01/04/2018

2023, c. 4, Sched. 2, s. 4 (1, 2) - 24/07/2023

Causing or permitting use of X-ray machine

7 No person shall cause or permit any other person to operate an X-ray machine for the irradiation of a human being unless the other person meets the qualifications and requirements prescribed by the regulations. R.S.O. 1990, c. H.2, s. 7.

X-ray machine standards

8 No person shall operate an X-ray machine for the irradiation of a human being, unless the X-ray machine meets the standards prescribed by the regulations. R.S.O. 1990, c. H.2, s. 8.

Radiation protection officer

9 (1) The owner of a portable X-ray machine or an installed X-ray machine shall designate a person as the radiation protection officer for the portable X-ray machine or the facility in which the X-ray machine is installed if he or she meets the qualifications prescribed by the regulations and is,

(a) a legally qualified medical practitioner;

(b) a member of the Royal College of Dental Surgeons of Ontario;

(c) a member of the College of Chiropodists of Ontario who has been continuously registered as a chiropodist under the Chiropody Act and the Chiropody Act, 1991 since before November 1, 1980 or who is a graduate of a four-year course of instruction...