Healing Arts Radiation Protection Act

Bills that amended this Act0

No published amendment links yet for this Act.

Sections53

• 1Interpretation

  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 machi…

• 1.
• 2Administration of Act

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

• 2.
• 3Approval 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) th…

• 3.
• 4Registration

  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). Same (3) An X-ray owner shall include their current email address and any other information that is prescribed by the regulations in an application made under subsection (2). 2025, c. 24, Sched. 12, s. 1. Notice of change (4) An owner of an X-ray ma…

• 4.
• 5Use 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 Radiat…

• 5.
• 6Instructions 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; (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; (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 (h) a person who is prescribed by the regulations. R.S.O. 1990, c. H.2, s. 6; 1998, c. 18, Sched. G, s. 51 (4); 2…

• 6.
• 7Causing 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.

• 7.
• 8X-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.

• 8.
• 9Radiation 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 in chiropody; or (d) a member of the College of Chiropractors of Ontario. 2011, c. 1, Sched. 6, s. 2 (5); 2025, c. 24, Sched. 12, s. 4. (2), (3) Repealed: 2011, c. 1, Sched. 6, s. 2 (5). Responsibilities (4) A radiation protection officer for…

• 9.
• 10Proposal to refuse to issue or to revoke an approval

  10 (1) Where the Director proposes to refuse to issue or to revoke an approval under section 3 for the installation or for a change in the installation of an X-ray machine, the Director shall serve notice of his or her proposal, together with written reasons therefor, on the applicant or the person to whom the approval was issued, as the case may be. R.S.O. 1990, c. H.2, s. 10 (1). Notice (2) A notice under subsection (1) shall inform the applicant or person to whom the approval was issued that he or she is entitled to a hearing by the Appeal Board if, within fifteen days after the notice under subsection (1) is served on him or her, the applicant or person gives written notice to the Director and the Appeal Board requiring a hearing by the Appeal Board and the applicant or person may so require such a hearing. R.S.O. 1990, c. H.2, s. 10 (2). Powers of Appeal Board (3) Where a hearing is…

• 10.
• 11Hearing

  11 (1) The Director, the applicant or other person who has required the hearing and such other persons as the Appeal Board may specify are parties to proceedings before the Appeal Board under this Act. R.S.O. 1990, c. H.2, s. 11 (1). Notice of hearing (2) Notice of a hearing shall afford the applicant or other person who has required the hearing a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue of the approval of the Director. R.S.O. 1990, c. H.2, s. 11 (2). Examination of documentary evidence (3) Any party to proceedings under section 10 shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. H.2, s. 11 (3). Members holding hearing not to have taken part in inve…

• 11.
• 12Appeal to court

  12 (1) Any party to the proceedings before the Appeal Board under this Act may appeal from its decision or order to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. H.2, s. 12 (1). Record to be filed in court (2) Where any party appeals from a decision or order of the Appeal Board, the Appeal Board shall forthwith file in the Superior Court of Justice the record of the proceedings before it in which the decision was made, which, together with the transcript of evidence if it is not part of the Appeal Board’s record, shall constitute the record in the appeal. R.S.O. 1990, c. H.2, s. 12 (2); 2006, c. 19, Sched. C, s. 1 (1). Minister entitled to be heard (3) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section. R.S.O. 1990, c. H.2, s. 12 (3). Powers of court on appeal (4) An appeal under this section may …

• 12.
• 13Order by Director or inspector

  13 (1) The Director or an inspector may make a written order directed to any one or more of, (a) the owner of an X-ray machine; (b) any person who operates the X-ray machine; or (c) the radiation protection officer for the facility in which the machine is installed or, in the case of a portable X-ray machine, the radiation protection officer for the portable X-ray machine, requiring the taking of such action as, in the opinion of the Director or inspector, upon reasonable and probable grounds, is necessary in order to achieve compliance with this Act or the regulations, or both, or is necessary or advisable to protect the health or safety of any patient or member of the public in or near the premises where the X-ray machine is operated. R.S.O. 1990, c. H.2, s. 13 (1); 2025, c. 24, Sched. 12, s. 4. Notice of proposal to make order (2) The Director or the inspector who proposes to make an …

• 13.
• 14Emergency order

  14 (1) Where the Director or an inspector is of the opinion, upon reasonable and probable grounds, that an emergency exists by reason of danger to the health or safety of any patient or member of the public in respect of an X-ray machine or the installation, operation or maintenance of an X-ray machine, the Director or inspector may make an oral or written order directed to any one or more of, (a) the owner of the X-ray machine; (b) any person who operates the X-ray machine; (c) the radiation protection officer for the facility in which the X-ray machine is installed or, in the case of a portable X-ray machine, the radiation protection officer for the portable X-ray machine. R.S.O. 1990, c. H.2, s. 14 (1); 2025, c. 24, Sched. 12, s. 4. Contents of order (2) An order under subsection (1) may require the person to whom it is directed to stop operating or stop the operation of the X-ray mac…

• 14.
• 15Repealed

  15 Repealed: 2011, c. 9, Sched. 19, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 51 - 20/08/2007 2011, c. 9, Sched. 19, s. 2 - 12/05/2011

• 15.
• 16-18

  16-18 Repealed: 2011, c. 9, Sched. 19, s. 2. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 19, s. 2 - 12/05/2011

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• 17.
• 19Director of X-ray Safety

  19 The Minister shall appoint an employee of the Ministry of Health and Long-Term Care as Director of X-ray Safety for the purposes of this Act and the regulations. R.S.O. 1990, c. H.2, s. 19; 2006, c. 19, Sched. L, s. 11 (3). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. L, s. 11 (3) - 22/06/2006

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• 20Inspectors

  20 (1) The Minister may appoint in writing one or more employees in the Ministry of Health and Long-Term Care or other persons as inspectors for the purposes of this Act and the regulations and in an appointment may limit the authority of an inspector in such manner as the Minister considers necessary or advisable. R.S.O. 1990, c. H.2, s. 20 (1); 2006, c. 19, Sched. L, s. 11 (3). Certificate of appointment (2) The Minister shall issue to every inspector appointed under subsection (1) a certificate of appointment. R.S.O. 1990, c. H.2, s. 20 (2). Production of certificate (3) Every inspector, in the execution of duties under this Act and the regulations, shall produce his or her certificate of appointment upon request. R.S.O. 1990, c. H.2, s. 20 (3). Inspection (4) An inspector at all reasonable times may enter and inspect the premises and may inspect the operations and all records and rad…

• 19.
• 21Information confidential

  21 (1) The Director, each inspector appointed under this Act and each person engaged in the administration of this Act and the regulations shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of employment or duties pertaining to the health of any person and shall not communicate any such matter to any other person except as provided in this Act. R.S.O. 1990, c. H.2, s. 21 (1); 2011, c. 9, Sched. 19, s. 3. Exceptions (2) A person referred to in subsection (1) may furnish information pertaining to the health of a person, (a) in connection with the administration of this Act or any Act of Ontario or of Canada related to the delivery of health services or to safety in relation to irradiation from X-rays or regulations made thereunder; (b) in proceedings under this Act or the regulations; (c) to the person who provided a service to which the info…

• 20.
• 22Regulations

  22 The Lieutenant Governor in Council may make regulations, (a) prescribing any matter required or authorized by this Act to be, or referred to in this Act as, prescribed by the regulations; (b) prescribing classes of or in respect of any matter that is or may be prescribed under the regulations; (c) limiting the application of any regulation to any one or more of the classes prescribed under clause (b); (d) exempting any class of persons, X-ray machines or facilities from any provision of this Act or the regulations and attaching conditions to any such exemption; (e) governing or limiting, or both, the purposes for which any class of persons may operate X-ray machines or any class of X-ray machines; (f) prescribing an X-ray Safety Code including, (i) prescribing standards for the installation of X-ray machines, (ii) prescribing standards for darkrooms and darkroom procedures associated …

• 21.
• 22.1Fees

  22.1 The Minister may establish and charge fees for registrations and approvals. 1997, c. 15, s. 4 (4). Section Amendments with date in force (d/m/y) 1997, c. 15, s. 4 (4) - 10/10/1997

• 22.
• 23C.A.T. scanners

  23 (1) In this section, “hospital” has the same meaning as in the Public Hospitals Act. R.S.O. 1990, c. H.2, s. 23 (1). Designations by Minister (2) The Minister may designate, (a) a hospital or facility or a class of hospitals or facilities within which it is permitted to install or operate computerized axial tomography scanners; and (b) the number of computerized axial tomography scanners that may be installed or operated in such hospitals or facilities. 1998, c. 18, Sched. G, s. 51 (8). Prohibition (3) No person shall install or operate or cause or permit the installation or operation of a computerized axial tomography scanner unless it is installed and operated in a hospital or facility that is designated under subsection (2) or in a hospital or facility that is part of a class of hospitals or facilities that is designated under subsection (2). 1998, c. 18, Sched. G, s. 51 (8). Same …

• 24Offence

  24 (1) Every person is guilty of an offence who, (a) knowingly furnishes false information in an application under this Act or in any statement or return required to be furnished under this Act or the regulations; (b) fails to comply with any order, direction or other requirement made under this Act; or (c) contravenes any provision of this Act or the regulations. 2002, c. 18, Sched. I, s. 4. Penalty, individual (2) Every individual who is convicted of an offence under subsection (1) is liable, (a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both; (b) for a subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months, or to both. 2002, c. 18, Sched. I, s. 4. Same, corporation (3) Every corporation that is convicted of an offence under subsection (1) is liable to …

• 23.
• 25Proceeding to prohibit continuation or repetition of contravention

  25 Where any provision of this Act or the regulations or any order issued under this Act by the Director is contravened, despite any other remedy or any penalty imposed, the Director may apply to the Superior Court of Justice for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the court, will or is likely to result in the continuation or repetition of the contravention by the person committing the contravention, and the court may make the order and it may be enforced in the same manner as any other judgment of the Superior Court of Justice. R.S.O. 1990, c. H.2, s. 25; 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

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• 26Protection from personal liability

  26 (1) No action or other proceeding for damages shall be instituted against the Director or an inspector for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty. R.S.O. 1990, c. H.2, s. 26 (1). Crown not relieved of liability (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted. 2019, c. 7, Sched. 17, s. 83. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 83 - 01/07/2019

• 25.
• 27Service

  27 (1) Any notice, order, decision or other document required to be given, served or delivered under this Act or the regulations is sufficiently given, served or delivered if, (a) delivered personally; (b) delivered by electronic means; (c) sent by registered mail addressed to the person to whom it is required to be given, served or delivered at the latest address for service appearing on the records of the Ministry or, where there is no address for service so appearing, at the address, if any, last known to the Director; or (d) any other method that is prescribed by the regulations. 2025, c. 24, Sched. 12, s. 3. When service deemed made by electronic means (2) Service that is made by electronic means in accordance with clause (1) (b) is effective on the day of delivery if served before 4 p.m. or on the following day if served at or after 4 p.m., unless the person on whom service is bein…

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