Voluntary Blood Donations Act

Voluntary Blood Donations Act 30 2018 May 31, 2018 1418513667/512243461/1703419594 E3tlc18024 1 Definitions Definitions 1 In this Act: analyst means an analyst appointed under section 17 (3) [power to appoint inspectors and analysts] ; blood means the following, taken from humans: a whole blood; b red blood cells, platelets, plasma and other blood components; blood collection facility means any place where blood is collected from a human body; compliance order means an order made under section 11 [compliance orders] ; federal blood regulations means regulations made under the Food and Drugs Act (Canada) that govern the collection and processing of blood; inspector means an inspector appointed under section 17 (2); personal information has the same meaning as in the Freedom of Information and Protection of Privacy Act . 2 Inducements Prohibited 1 Prohibition Inducements prohibited 2 1 Unless exempt under section 3 [exemptions from prohibition] , a person must not do any of the following, directly or indirectly, in return for the collection of blood by a blood collection facility: a pay or provide an inducement to any person; b offer to pay or provide an inducement to any person; c advertise, through any media, that an inducement will or may be paid or provided to any person. 2 For the purposes of this section, inducement includes the following: a remuneration, compensation or consideration; b reimbursement for time, travel, commitment or expenditures; c a gift, reward, premium or other benefit of any kind. Exemptions from prohibition 3 1 The government is exempt from the prohibition set out in section 2 (1) [inducements prohibited] . 2 Subject to any prescribed limits and conditions, the following persons are exempt from the prohibition set out in section 2 (1): a Canadian Blood Services, being i the corporation incorporated under the laws of Canada as Canadian Blood Services, and ii the agents and successors of the corporation referred to in subparagraph (i); b a person who collects blood that will be used solely for the purposes of research and that will not be used subsequently to manufacture pharmaceuticals derived from blood; c a prescribed person, or a person within a prescribed class of persons. Must keep and produce records 4 1 An owner of a blood collection facility must keep prescribed records a in a manner and at a location that is readily accessible on the request of an inspector, and b for at least the prescribed period. 2 An owner of a blood collection facility must produce to an inspector, in the manner and within the period required by the inspector, a the records that must be kept under subsection (1), and b any records that must be kept under the federal blood regulations. 2 Inspections When inspection may be made 5 1 In this section, private dwelling means a structure occupied as a private residence or, if only part of the structure is occupied as a private residence, that part of the structure. 2 Subject to subsections (3) to (5), an inspector may enter and inspect any of the following places: a a blood collection facility; b a place that the inspector reasonably believes is or has been used as, or contains or contained, a blood collection facility; c a place used as the business premises of a person who owns, operates or franchises a blood collection facility; d a private dwelling, if the inspector reasonably believes that the private dwelling contains evidence relevant to the purpose of the inspection; e any other place that the inspector reasonably believes to contain evidence relevant to the purpose of the inspection. 3 An inspector may conduct an inspection for the following reasons only: a to determine whether a provision of this Act or the regulations, or a compliance order, may have been or is being contravened; b to monitor or confirm compliance with a compliance order. 4 Except as authorized by a warrant, an inspector may conduct an inspection of a a place referred to in subsection (2) (a) to (c) or (e) only during the regular business hours of the place, and b a private dwelling only if the owner or occupier of the private dwelling consents. 5 An inspector must not conduct an inspection unless the inspector first a produces, to the owner, manager or other person apparently in charge of the place to be inspected, identification provided under section 19 (2) [general administrative powers and duties] , and b advises the person referred to in paragraph (a) of the reason for the inspection. Inspection powers 6 1 An inspector may do one or more of the following for the purpose of an inspection: a pass through a place to reach a place that is to be inspected; b require a person to produce relevant records or things in the person's possession or control; c inspect, copy or remove relevant records or things; d use materials, devices and systems normally found in the place being inspected for the purpose of inspecting or copying relevant records and producing records in a readable form; e make records in respect of a person, place or thing; f require a person to stop doing an activity or stop the operation of a thing; g require a person whom the inspector reasonably believes to have relevant information to answer questions and otherwise provide that information, including personal information; h take samples and conduct analyses, including removing samples for the purpose of having an analyst conduct analyses; i test equipment found in the place being inspected; j exercise a prescribed power. 2 If an inspector removes records or things under subsection (1) (c), the inspector must do all of the following: a provide a receipt for the records or things to the person from whom the records or things were taken; b permit a person from whom records were taken to review and copy the records, on request of the person and at an agreed place and time; c except in the case of samples that are unsuitable for return, promptly return the records or things i when the records or things have served the purposes for which the records or things were taken, or ii if a proceeding is taken as a result of an inspection and the records or things are relevant to the proceeding, in accordance with an order of a court, or, if no order is made, no later than 3 months after the conclusion of the proceeding. Inspection under warrant 7 1 An inspector may apply to a justice for a warrant under this section a without notice to any other person, and b in the prescribed manner. 2 A justice may issue to an inspector a warrant authorizing the inspector to enter and inspect a place for the purposes of this Act on being satisfied on evidence on oath or affirmation a that the place is a place described in section 5 (2) (a) or (c) [when inspection may be made] , or b that the place is a place described in section 5 (2) (b), (d) or (e) and the belief referred to in the applicable provision is reasonable. 3 A warrant issued under this section a must be in the prescribed form, and b may authorize an inspector to do one or both of the following: i enter at a specified time or within a specified period; ii enter by force, if necessary. 4 Nothing in this section is intended to limit the authority referred to in section 8 [warrant to search and seize evidence] . Warrant to search and seize evidence 8 1 A justice may issue a warrant under section 21 or 22 of the Offence Act to an inspector or peace officer to a enter a place described in section 5 (2) [when inspection may be made] , and b search for and seize evidence of a contravention of this Act or the regulations. 2 Sections 23 to 24.2 of the Offence Act apply to the search and seizure. Peace officer assistance 9 1 An inspector may call on the assistance of a peace officer for the purpose of conducting an inspection. 2 A peace officer called on under this section may take any action that is necessary, and use such force as is reasonably required, for the purpose of the inspection. 3 Orders Orders for inspection purposes 10 1 An inspector may make any order necessary for the purpose of an inspection, including ordering any person in a place under inspection to assist in the inspection. 2 An order under this section may be made in writing or verbally. Compliance orders 11 1 If an inspector reasonably believes that a person has contravened this Act or a regulation made under it, the inspector may make any order necessary for the purpose of bringing the person into compliance, including an order to do any of the following: a make a specified record; b keep relevant records or things in a specified place; c provide to the inspector, at the time and in the manner required by the inspector, relevant information, records, samples or other things as specified by the inspector; d have samples analyzed or equipment tested, including by a specified person; e take specified measures to prevent a contravention of this Act; f provide evidence of compliance; g take a prescribed action. 2 A compliance order may be made in writing only, and must be dated and signed by the inspector. 3 A compliance order must describe all of the following: a who must comply with the order; b the actions or omissions that gave rise to the order; c the provision of this Act or the regulations that is alleged to have been contravened; d what must be done or not done, and any conditions, including, if applicable, the date by which something must be done; e how the person subject to the order may have the order reconsidered under section 13 [reconsideration of compliance orders] . Duty to comply with orders 12 A person subject to an order made under this Division must comply with the order. Reconsideration of compliance orders 13 1 A person subject to a compliance order may request the inspector who made the order to reconsider the order if a the person subject to the order has i additional relevant information that was not reasonably available at the time the order was made, or ii evidence that the person is in compliance with the Act and regulations, and b no more than 14 days have passed since the order was made. 2 A request for reconsideration must be made in the form and manner required by the minister. 3 After considering a request for reconsideration, the inspector who made the compliance order a may confirm, vary or rescind the order, b must provide written reasons for a decision to confirm or vary the order, and c must provide to the person subject to the order a notice of the decision made under paragraph (a) and the reasons, if applicable, under paragraph (b). 4 A compliance order is not suspended during the period of reconsideration unless the inspector who made the order states otherwise, in writing. 5 If an inspector is unable or unavailable to reconsider a compliance order the inspector made, a person the minister designates may act under this section in respect of the order as if the designated person had made the order. 6 Following a decision made under subsection (3), no further request for reconsideration may be made. Other order powers 14 1 An inspector who makes an order under this Division may vary or rescind the order, at any time and on the inspector's own initiative, if satisfied that a the order was based on incomplete or erroneous information, b the order, or a provision of the order, is no longer necessary for the purposes of an inspection or to ensure compliance with the Act and regulations, or c the order has been complied with. 2 An inspector who varies or rescinds a compliance order under this section must provide the following to the person subject to the order: a a notice of the variance or rescission; b if the order is varied, written reasons for the decision to vary the order; c if the order is a compliance order that has been varied, a description of how the person subject to the order may have the variation reconsidered under section 13 [reconsideration of compliance orders] . Service of orders and notices 15 1 An order made verbally under section 10 [orders for inspection purposes] is considered to be validly served if made to a person referred to in subsection (3). 2 Subject to subsection (1), an inspector must serve each of the following in accordance with the regulations: a an order made under this Division; b a notice that must be provided under section 13 (3) (c) [reconsideration of compliance orders] or 14 (2) [other order powers] . 3 An order or notice is considered to have been validly served if served on a a person named in the order or notice, or b the owner, manager or other person apparently in charge of the place i that is to be inspected, or ii that is the subject of the order or notice. 4 Injunctions Injunctions 16 1 Without notice to any person, an inspector or the minister may apply to a judge of the Supreme Court for an injunction or an order under this section. 2 A judge of the Supreme Court may grant an injunction restraining a person from contravening, or requiring a person to comply with, a a provision of this Act or the regulations, or b an order made under Division 3 [Orders] , if satisfied by evidence on oath or affirmation that there has been or will be a contravention of this Act or the regulations. 3 A judge of the Supreme Court may order a person to do or refrain from doing those things the judge considers necessary if satisfied by evidence on oath or affirmation that the person is interfering with or obstructing, or will likely interfere with or obstruct, a person who is exercising powers or performing duties under this Act. 4 A judge of the Supreme Court may grant an interim injunction or order until the outcome of an application commenced under this section. 3 General 1 Administration Power to appoint inspectors and analysts 17 1 In this section: Provincial Health Services Authority means the society incorporated under the Societies Act as the Provincial Health Services Authority; regional health board means a board designated under section 4 of the Health Authorities Act . 2 The minister may appoint, by order, any of the following persons as an inspector: a an employee of the ministry of the minister; b an employee of a regional health board or the Provincial Health Services Authority if i the employee, in the opinion of the minister, has sufficient training, knowledge, skills and experience to exercise the powers and perform the duties of an inspector, and ii the regional health board or Provincial Health Services Authority, as applicable, approves the appointment. 3 The minister may appoint, by order, any of the following persons for the purpose of conducting analyses under this Act: a a person referred to in subsection (2) (a) or (b), whether or not the person is also appointed as an inspector; b a person who is employed for the purpose of conducting analyses by a specified laboratory or other facility. 4 The minister may do one or more of the following in an order made under this section: a name a specific person as an inspector or analyst; b provide that a person who holds a specified title or position is an inspector or analyst; c limit the powers and duties of a person appointed as an inspector or analyst. Powers respecting inspectors and analysts 18 1 The minister may do, by order, one or more of the following: a establish training and qualifications for inspectors and analysts, including requiring ongoing training; b establish standards of practice for inspectors and analysts; c issue instructions to inspectors and analysts in relation to the exercise of their powers and the performance of their duties under this Act. 2 Inspectors and analysts must comply with all applicable standards established, and instructions issued, under this section. General administrative powers and duties 19 1 The minister may do, by order, one or both of the following: a make forms for the purposes of this Act and the regulations, other than the form of a warrant for the purposes of section 7 (3) (a) [inspection under warrant] ; b specify the manner in which a request for reconsideration must be made for the purposes of section 13 (2) [reconsideration of compliance orders] . 2 The minister must provide to inspectors identification for use in exercising powers and performing duties under this Act. Power to collect or disclose personal information 20 1 In this section, provincial blood donation enactment means an enactment of another province having a purpose similar to that of this Act. 2 Subject to subsection (3), the minister may collect personal information from, and disclose personal information to, a person engaged in the administration or enforcement of the federal blood regulations or a provincial blood donation enactment. 3 Collection and disclosure of personal information may be for the following purposes: a to administer or enforce this Act; b to assist in administering or enforcing the federal blood regulations or a provincial blood donation enactment; c to disclose to the minister responsible for the federal blood regulations i that an order has been issued or a prosecution commenced under this Act, or ii that, following an inspection under this Act, there is reason to believe that there has been or is a contravention of the federal blood regulations. 4 Nothing in this section limits the authority of a person to collect, use or disclose personal information as authorized under any enactment. 2 Offences and Penalties Offences 21 1 Section 5 of the Offence Act does not apply in respect of this Act or the regulations made under it. 2 A person who contravenes any of the following provisions commits an offence: a section 2 (1) [inducements prohibited] ; b section 4 [must keep and produce records] ; c section 12 [duty to comply with orders] . 3 A person who does any of the following commits an offence: a knowingly provides false or misleading information to a person who is exercising a power or performing a duty under this Act, or a person acting under the order or direction of that person; b wilfully interferes with, or obstructs, a person who is exercising a power or performing a duty under this Act, or a person acting under the order or direction of that person; c fails to comply with an order made under section 26 [additional orders on conviction] . Offence by corporation or employee 22 1 If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits the offence, whether or not the corporation is convicted. 2 If an employee commits an offence under this Act, an employer who authorized, permitted or acquiesced in the offence commits the offence, whether or not the employee is identified or convicted. Prosecutions 23 1 A person who commits an offence under this Act may be liable for the offence, whether or not a compliance order is made in respect of the matter that is the subject of the offence. 2 If a person commits an offence under this Act and a compliance order is made in respect of the matter that is the subject of the offence, but the offence continues after the date by which the order is to be complied with, the person may be prosecuted both for the original offence and for the additional offence of contravening the order. 3 A proceeding for an offence under this Act may not be commenced in any court more than 2 years after the facts on which the proceeding is based first come to the knowledge of the minister. 4 A document purporting to have been issued by the minister, certifying the date on which the minister became aware of the facts on which a proceeding is based, is evidence of the certified facts. Evidence 24 1 A copy of a document issued under this Act by the minister, an inspector or an analyst, and certified by the minister, inspector or analyst as a true copy, is a evidence of the document, and b evidence that the minister, inspector or analyst was authorized to issue the document. 2 In a proceeding under this Act, a certificate as to the results of analyses that is signed, or purports to be signed, by an analyst is a evidence of the facts stated in the certificate, and b evidence that the person who signed the certificate was authorized to sign the certificate. 3 A person against whom a certificate under subsection (2) is produced may, with leave of the court, require for the purpose of cross-examination the attendance of the analyst who signed the certificate. Penalties 25 1 Section 4 of the Offence Act does not apply in respect of this Act or the regulations made under it. 2 An individual who commits an offence under this Act is liable to the following: a on a first conviction, a fine of not more than $10 000 for each day or part of a day on which the offence occurs or continues; b on each subsequent conviction, a fine of not more than $50 000 for each day or part of a day on which the offence occurs or continues. 3 A corporation that commits an offence under this Act is liable to the following: a on a first conviction, a fine of not more than $100 000 for each day or part of a day on which the offence occurs or continues; b on each subsequent conviction, a fine of not more than $500 000 for each day or part of a day on which the offence occurs or continues. Additional orders on conviction 26 In addition to any other penalty imposed under this Act, a sentencing judge may order a person convicted of an offence under this Act to do one or more of the following: a take any action or comply with any conditions that the court considers appropriate for preventing the person from continuing or repeating the offence or committing a similar offence under this Act; b refrain from doing anything that may, in the opinion of the court, result in the continuation or repetition of the offence or the commission of a similar offence under this Act; c if the person is a corporation, designate a senior official within the corporation as the person responsible for monitoring compliance with the Act and the regulations. Publication of conviction information 27 The minister may publish the following information respecting a person who has been convicted of an offence under this Act: a the person's name; b a description of the offence; c the date the person was convicted; d the penalty imposed on the person; e a description of the orders made, if any, under section 26 [additional orders on conviction] against the person. 3 Regulation-Making Powers Power to make regulations 28 1 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act . 2 Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows: a exempting additional persons or classes of persons from the prohibition set out in section 2 [inducements prohibited] ; b setting limits and conditions on the exemption of a person or class of persons under section 3 (2) [exemptions from prohibition] ; c respecting records that must be kept by owners of blood collection facilities and prescribing periods for which records must kept; d authorizing inspectors to exercise powers in addition to those set out in section 6 (1) [inspection powers] ; e respecting the manner of applying for a warrant under section 7 (1) [inspection under warrant] , including i authorizing applications to be made electronically or by any other means, and ii respecting affidavits or other evidence that must accompany an application; f prescribing the form of a warrant for the purposes of section 7 (3); g authorizing actions that may be required by a compliance order in addition to those set out in section 11 (1) [compliance orders] ; h respecting service and deemed receipt of orders and notices. 3 A regulation made under this Act may a establish classes of persons and blood collection facilities to which this Act applies, and b make regulations that are different for different classes. 4 A regulation made under this Act may confer a discretion on the minister, an inspector or an analyst. 5 If, in a regulation made under this Act, the Lieutenant Governor in Council provides that contravention of the regulation is an offence, the Lieutenant Governor in Council may provide that a person who commits the offence is liable on conviction to a a fine not exceeding the amounts provided for under section 25 [penalties] , and b any order that may be made under section 26 [additional orders on conviction] . Commencement 29 This Act comes into force by regulation of the Lieutenant Governor in Council.