Voluntary Blood Donations Act, 2014

1. The purpose of this Act is to provide for recognition of the following principles: 1. Within Ontario’s health care system, blood donations are viewed as a public resource‎. ‎ 2. Blood donors should not be paid, except in exceptional circumstances. 3. ‎The integrity of the public, voluntary blood donor system in Ontario must be protected. Definitions

2. In this Act, “blood” means human blood, and includes whole blood and blood constituents; (“sang”) “blood collection facility” means a place where blood is taken or collected from the human body; (“établissement de collecte de sang”) “compliance order” means an order made under section 5; (“arrêté de conformité”) “inspector” means an inspector appointed under section 4; (“inspecteur”) “Minister” means the Minister of Health and Long-Term Care, or, if another Minister has been assigned responsibility for this Act under the Executive Council Act, that Minister; (“ministre”) “offer to provide”, without restricting the ordinary meaning of the expression, includes to offer by means of advertising in any media; (“offrir de fournir”) “payment” means, subject to the regulations, remuneration, compensation or consideration of any value and of any kind, and includes reimbursement for time, trave…

3. (1) No person shall, (a) provide payment to any individual in return for the giving of blood by that individual, either directly or indirectly; or (b) offer to provide payment to any individual in return for the giving of blood by that individual, either directly or indirectly. Same, donor (2) No individual shall accept any payment in return for the giving of his or her blood, either directly or indirectly. Exemption, Canadian Blood Services (3) Canadian Blood Services and the individuals who give blood to Canadian Blood Services are exempt from subsections (1) and (2). Non-application, blood for research (4) Subsections (1) and (2) do not apply with respect to blood that is given solely for the purpose of research. Clarification (5) For greater clarity, in applying subsection (4), blood is not given “solely for the purpose of research” if it is used or intended to be used, directly o…

4. (1) The Minister may appoint inspectors for the purposes of this Act. Inspection (2) For the purpose of determining whether this Act is being complied with, an inspector may, without a warrant, enter and inspect, (a) a blood collection facility; (b) any business premises of a company that owns, operates, franchises or licenses one or more blood collection facilities; and (c) any place that the inspector reasonably believes is being used as a blood collection facility. Time of entry (3) The power under this section to enter and inspect without a warrant may be exercised only during the regular business hours of the blood collection facility, business premises or place. Dwellings (4) The power to enter and inspect under this section shall not be exercised to enter and inspect a place or a part of a place that is used as a dwelling. Use of force (5) An inspector is not entitled to use fo…

5. (1) Where the Minister believes, on reasonable grounds, that a person who owns or operates a blood collection facility is not complying with the prohibition under subsection 3 (1), the Minister may make an order requiring the person to correct the non-compliance. Evidence of compliance (2) A person to whom a compliance order is directed may, within 14 days of service being effected, provide the Minister with evidence that the person is, in fact, in compliance with the prohibition. Reconsideration (3) Where a person has provided evidence under subsection (2), the Minister shall consider the evidence, and may either affirm the compliance order or rescind it in consequence, and have the person served with the affirmed order or notice of the rescission. Compliance (4) A person to whom a compliance order, or an affirmed compliance order, as the case may be, is directed shall comply with it…

6. (1) If it appears to the Minister that a person is not complying with this Act or the regulations or a compliance order, the Minister may apply to the Superior Court of Justice for an order directing the person to comply, and, upon the application, the court may make the order that the court thinks fit. Same (2) Subsection (1) applies in addition to the power to issue compliance orders, and may be exercised whether or not such an order has been issued. Must comply (3) A person to whom a restraining order is directed shall comply with it according to its terms. Appeal (4) An appeal lies to the Divisional Court from a restraining order. Personal information

7. (1) The Minister and an inspector may directly or indirectly collect personal information, subject to any requirements or conditions provided for in the regulations, for purposes related to the enforcement of this Act. Use of personal information (2) The Minister and an inspector may use personal information, subject to any requirements or conditions provided for in the regulations, for purposes related to the enforcement of this Act. Disclosure of personal information (3) The Minister and an inspector may disclose personal information, subject to any requirements or conditions provided for in the regulations, for purposes related to the enforcement of this Act. Offences

8. (1) Every person who contravenes a provision of this Act is guilty of an offence and on conviction is liable, (a) in the case of an individual, (i) for a first offence, to a fine not exceeding $10,000 for each day or part of a day on which the offence occurs or continues, and (ii) for a second or subsequent offence, to a fine not exceeding $50,000 for each day or part of a day on which the offence occurs or continues; and (b) in the case of a corporation, (i) for a first offence, to a fine not exceeding $100,000 for each day or part of a day on which the offence occurs or continues, and (ii) for a second or subsequent offence, to a fine not exceeding $500,000 for each day or part of a day on which the offence occurs or continues. No limitation (2) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section. Provincial Judge required (3) The Attorney Ge…

9. No action or other proceeding shall be commenced against the Minister or anyone acting under the authority of the Minister for anything done in good faith in purported compliance with this Act. Regulations, Minister

10. The Minister may make regulations exempting persons from this Act or any provisions of this Act, subject to any conditions that may be provided for in the regulations. Regulations, Lieutenant Governor in Council

11. The Lieutenant Governor in Council may make regulations, (a) defining any word or expression used in this Act but not defined in the Act; (b) clarifying the definition of “payment” in section 2 and specifying what things do or do not constitute payment for the purpose of the Act; (c) further clarifying the meaning of “solely for the purpose of research” as used in section 3; (d) specifying requirements or conditions in respect of the collection, use or disclosure of personal information by the Minister or an inspector under this Act; (e) for carrying out the purposes, provisions and intent of this Act.

12.-15. Omitted (amends other legislation).

16. Omitted (provides for coming into force of provisions of this Act).

17. Omitted (enacts short title of this Act). ______________