Mandatory Blood Testing Act, 2006

1 In this Act, “analyst” means a medical laboratory technologist at the Ontario Agency for Health Protection and Promotion’s Public Health Lab – Toronto or at another prescribed laboratory operated by the Ontario Agency for Health Protection and Promotion; (“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”) “business day” means a day from Monday to Friday, other than a holiday as defined in section 87 of the Legislation Act, 2006; (“jour ouvrable”) “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”) “Minister” means the member of the Executive Council to who…

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. 2006, c. 26, s. 2.

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, (a) immediately refer the application to the Board; and (b) attempt to contact the respondent and request that the respondent provide either, (i) a blood sample for the purpose of having it analysed in accordance with the regulations, or (ii) other evidence of his or her seropositivity respecting the listed communicable diseases that is in accordance with the regulations. 2019, c. 1, Sched. 7, s. 2. Notice of referral to Board (2) Where the medical officer of health contacts the respondent under clause (1) (b), the medical officer of health shall advise the respondent that, (a) the application has been referred to the Board; and (b) if the respondent fails to provide a blood sample or other evidence voluntarily, the Board, after a heari…

4 (1) Upon the referral of an application under clause 3 (1) (a), the Board shall hold a hearing to determine whether the respondent should be ordered to provide a blood sample for analysis. 2006, c. 26, s. 4 (1); 2019, c. 1, Sched. 7, s. 3 (1). Parties (2) The parties to the hearing are the applicant, the respondent and any other persons, including any medical professionals, specified by the Board. 2019, c. 1, Sched. 7, s. 3 (2). Timing of hearing (3) Subject to subsection (4) and despite subsections 75 (2) and (3) of the Health Care Consent Act, 1996, the Board shall commence and conclude the hearing and render its decision within five business days after it receives the referral of the application. 2019, c. 1, Sched. 7, s. 3 (2). Extension (4) Subject to section 5.1, the Board may commence or conclude the hearing within a longer period than the five business days required by subsectio…

5 (1) Upon the conclusion of the hearing, the Board shall decide whether the respondent should be ordered to provide a blood sample for analysis and it may decide that the respondent should be so ordered only if the Board believes, on reasonable and probable grounds, that, (a) the applicant came into contact with a bodily substance of the respondent in a circumstance described in section 2; (b) the applicant may have become infected with a virus that causes a listed communicable disease as a result of coming into contact with the bodily substance; (c) by reason of the lengthy incubation periods for the listed communicable diseases and the methods available for ascertaining the presence in the human body of the viruses that cause them, an analysis of the applicant’s blood would not accurately determine, in a timely manner, whether the applicant had become infected with a virus that causes…

5.1 For the purposes of a regulation made under subsection 4 (4) or 5 (4), the prescribed circumstances must be, in the opinion of the Minister, circumstances that would make it exceptionally difficult for the Board to comply with subsection 4 (3) or 5 (3) within the time period specified in those subsections. 2019, c. 1, Sched. 7, s. 5. Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 7, s. 5 - 01/07/2023

6 (1) If a respondent does not comply with an order made by the Board under section 5 within two business days after the order is provided to the respondent or the respondent’s counsel or agent in accordance with section 5, the applicant may apply to a judge of the Superior Court of Justice for, and the judge may grant, an order requiring the respondent to comply with the order of the Board within the time specified in the order of the court. 2019, c. 1, Sched. 7, s. 6. Same (2) A judge of the Superior Court of Justice who grants an order under subsection (1) may include in the order, (a) authorization for a police officer to provide such assistance as the judge may direct to a physician, a nurse practitioner or a person belonging to a prescribed class of persons authorized to take a blood sample in carrying out any of his or her responsibilities pursuant to the order; and (b) such other…

7 (1) A person who takes a blood sample pursuant to a request made by a medical officer of health under section 3 or an order of the Board under section 5 shall not use it in any way except as permitted by the regulations or required by the order. 2006, c. 26, s. 7 (1). Same (2) An analyst who receives a blood sample for analysis under section 3 or pursuant to an order of the Board under section 5, (a) shall ensure that the sample is not used for any purpose other than its analysis in accordance with the regulations and the reporting of results as required by and in accordance with the regulations and as described in clause 5 (2) (c); (b) shall not release the sample to any person other than in accordance with the regulations, or for the purpose of having a person acting on behalf of the analyst retain the sample as long as no person other than the analyst has access to the sample; and (…

8 The results of an analysis done pursuant to a request made by a medical officer of health under section 3 or an order of the Board under section 5 are not admissible in evidence in a criminal proceeding. 2006, c. 26, s. 8.

9 (1) No action or other proceeding for damages or otherwise shall be instituted against a medical officer of health, an associate medical officer of health or an acting medical officer of health for any act done in good faith in the execution or the intended execution of any duty or power under this Act or for any alleged neglect or default in the execution in good faith of any such duty or power. 2006, c. 26, s. 9 (1). Exception (2) Subsection (1) does not apply to prevent an application for judicial review. 2006, c. 26, s. 9 (2). Board of health not relieved of liability (3) Subsection (1) does not relieve a board of health from liability for damage caused by the negligence of, or action without authority by, a person referred to in subsection (1), and a board of health is liable for such damage in the same manner as if subsection (1) had not been enacted. 2006, c. 26, s. 9 (3). Prote…

10 (1) Every person who fails to obey an order of the Board made under this Act is guilty of an offence. 2006, c. 26, s. 10 (1). Same (2) Every person who contravenes or fails to comply with a requirement of this Act or of a regulation made under this Act is guilty of an offence. 2006, c. 26, s. 10 (2). Penalty (3) Every person who is guilty of an offence under this Act is liable on conviction to a fine of not more than $10,000 for every day or part of a day on which the offence occurs or continues or to imprisonment for a term of not more than six months, or to both. 2019, c. 1, Sched. 7, s. 8. Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 7, s. 8 - 01/07/2023 2025, c. 7, Sched. 5, s. 4 - 01/07/2025

11 (1) The Minister may make regulations, (0.a) prescribing anything that is referred to in this Act as prescribed; (a) prescribing diseases that are listed communicable diseases for the purposes of this Act; (a.1) prescribing laboratories for the purpose of the definition of “analyst” in section 1; (b) defining “victim of a crime” for the purpose of paragraph 1 of section 2; (c) prescribing classes of persons for the purpose of paragraph 3 of section 2; (d) prescribing circumstances and activities for the purpose of paragraph 4 of section 2; (e) governing an application to a medical officer of health under section 2 and the actions taken by a medical officer of health pursuant to an application; (f) prescribing other evidence of seropositivity respecting the listed communicable diseases that may be provided pursuant to a request made by a medical officer of health under section 3 and go…

12 The Minister may require that physician reports, nurse practitioner reports, the order made by the Board and other reports, notices and documents required by this Act or the regulations be in the forms approved by him or her. 2006, c. 26, s. 12; 2019, c. 1, Sched. 7, s. 10; 2025, c. 7, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 7, s. 10 - 01/01/2023 2025, c. 7, Sched. 5, s. 6 - 01/07/2025

13 An application made to a medical officer of health under section 2 before the day section 11 of Schedule 7 to the Comprehensive Ontario Police Services Act, 2019 comes into force shall be dealt with as provided in this Act and the regulations as they read immediately before that day. 2019, c. 1, Sched. 7, s. 11. Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 7, s. 11 - 01/07/2023

14, 15 Omitted (amends or repeals other Acts). 2006, c. 26, ss. 14, 15.

16 Omitted (provides for coming into force of provisions of this Act). 2006, c. 26, s. 16.

17 Omitted (enacts short title of this Act). 2006, c. 26, s. 17. ______________