Mandatory Blood Testing Act, 2006, S.O. 2006, c. 26 - Bill 28

• Jurisdiction: Ontario
• Date: 20 December 2006
• Bill Number: 28

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 28 and does not form part of the law. Bill 28 has been enacted as Chapter 26 of the Statutes of Ontario, 2006.

The Bill repeals and replaces section 22.1 of the Health Protection and Promotion Act.

Under the Health Protection and Promotion Act, a person who came into contact with a bodily substance of another person in certain situations set out in or prescribed under the Act may apply to a medical officer of health to have the blood of the other person analysed for viruses that cause certain communicable diseases. Under the current regulations under the Act, the medical officer of health may take seven days attempting to get a blood sample or other evidence of seropositivity voluntarily from the person. If the medical officer of health fails to obtain a blood sample voluntarily, he or she may order that person to provide a blood sample for analysis, with or without first holding a hearing, and without notice to the person who will be subject to the order. The medical officer of health’s decision may be appealed to the Chief Medical Officer of Health or the Health Services Appeal and Review Board.

The Bill shortens the length of time the process takes from application to order and it transfers the power to make an order from a medical officer of health to the Consent and Capacity Board. Under the Bill, a person will still apply to a medical officer of health to have the blood of another person analysed for viruses, as in the current Health Protection and Promotion Act. The medical officer of health is empowered to request a blood sample for analysis or other evidence of seropositivity. If the person is requested to provide a blood sample or other evidence and does not provide it voluntarily within two days after the request is made, the medical officer of health must refer the application to the Consent and Capacity Board.

The Consent and Capacity Board is required to hold and conclude a hearing into the application within seven days after the application is referred to it (unless the parties agree to an extension) and is empowered to order the person to provide a blood sample for analysis. The Board must give its decision within one day after concluding a hearing. There is no appeal from the Board’s decision.

chapter 26

An Act to require the taking and analysing of blood samples to protect victims of crime, emergency service workers, good Samaritans and other persons and to make consequential amendments to the Health Care Consent Act, 1996 and the Health Protection and Promotion Act

Assented to December 20, 2006

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,

“analyst” means a medical laboratory technologist at the Ministry of Health and Long-Term Care’s Central Public Health Laboratory; (“analyste”)

“applicant” means a person who applies to a medical officer of health under section 2; (“requérant”)

“Board” means the Consent and Capacity Board continued under the Health Care Consent Act, 1996; (“Commission”)

“listed communicable disease” means,

(a) Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS),

(b) Hepatitis B,

(c) Hepatitis C, or

(d) a prescribed disease; (“maladie transmissible désignée”)

“physician” means a member of the College of Physicians and Surgeons of Ontario; (“médecin”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

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

“respondent” means the person who the applicant identifies as a person with whose bodily substance the applicant came into contact. (“intimé”)

Application for blood sample and analysis

2. Any person may apply to a medical officer of health to have a blood sample of another person analysed if the applicant came into contact with a bodily substance of the other person in any of the following circumstances:

1. As a result of being the victim of a crime.

2. While providing emergency health care services or emergency first aid to the person, if the person was ill, injured or unconscious as a result of an accident or other emergency.

3. In the course of his or her duties, if the person belongs to a prescribed class.

4. While being involved in a prescribed circumstance or while carrying out a prescribed activity.

Request for voluntary blood sample and analysis

3. (1) Upon the receipt of an application by a person under section 2 that meets the requirements of the regulations, the medical officer of health shall attempt to contact the respondent and request that the respondent provide either,

(a) a blood sample for the purpose of having it analysed in accordance with the regulations; or

(b) other evidence of his or her seropositivity respecting the listed communicable diseases that is in accordance with the regulations.

Notice of possible referral to Board

(2) Where the medical officer of health contacts the respondent under subsection (1), the medical officer of health shall advise the respondent that if he or she fails to provide a blood sample or other evidence voluntarily, the application will be referred to the Board and that an order to provide a blood sample may be made.

Failure to obtain sample

(3) If the respondent fails to provide a blood sample or other evidence as requested by the medical officer of health by the end of the second day after the medical officer of health received the application, or if, despite reasonable efforts, the respondent cannot be located in that time, the medical officer of health shall refer the application to the Board.

Time extended

(4) If the deadline under subsection (3) falls on a Saturday or a Sunday or other holiday, the deadline shall be extended by one day.

Hearing by Board

4. (1) Upon the referral of an application under section 3, the Board shall hold a hearing to determine whether the respondent should be ordered to provide a blood sample for analysis.

Parties

(2) The parties to the hearing are the applicant, the respondent and any other persons specified by the Board.

Timing of hearing

(3) Subject to subsection (4) and despite subsection 75 (2) of the Health Care Consent Act, 1996, the Board shall commence and conclude the hearing within seven days after it receives the referral of the application.

Extension

(4) The Board may...