Mandatory Blood Testing Act, 2006, S.O. 2006, c. 26

Definitions 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 whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”) “nurse practitioner” means a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991; (“infirmière praticienne ou infirmier praticien”) “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”) “reporting physician or nurse practitioner” means, in respect of an applicant, the physician or nurse practitioner who made the report required by clause 5 (1) (e); (“médecin rapporteur ou infirmière praticienne rapporteuse ou infirmier praticien rapporteur”) “respondent” means the person who the applicant identifies as a person with whose bodily substance the applicant came into contact. (“intimé”) 2006, c. 26, s. 1; 2009, c. 33, Sched. 9, s. 7 (1, 2); 2019, c. 1, Sched. 7, s. 1; 2025, c. 7, Sched. 5, s. 1. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 9, s. 7 (1, 2) - 15/12/2009 2019, c. 1, Sched. 7, s. 1 - 01/01/2023 2025, c. 7, Sched. 5, s. 1 - 01/07/2025 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. 2006, c. 26, s. 2. Referral to Board and 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, (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 hearing, may make an order requiring the respondent to provide the blood sample. 2019, c. 1, Sched. 7, s. 2. Voluntary sample or evidence provided (3) If, before the Board renders a decision under section 5, the Board is satisfied based on the evidence it receives that the respondent has provided a blood sample or other evidence of his or her seropositivity, the Board is not required to further hear the matter or to render a decision. 2019, c. 1, Sched. 7, s. 2. Withdrawal of application (4) An applicant may, at any time before the Board renders a decision under section 5, withdraw his or her application in accordance with the regulations and if an applicant has done so the Board shall terminate the hearing. 2019, c. 1, Sched. 7, s. 2. Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 7, s. 2 - 01/07/2023 Hearing by Board 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 subsection (3) in the prescribed circumstances. 2019, c. 1, Sched. 7, s. 3 (2). Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 7, s. 3 (1, 2) - 01/07/2023 Decision of Board 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 the listed communicable disease as a result of coming into contact with the bodily substance; (d) taking a blood sample from the respondent would not endanger his or her life or health; (e) the applicant has submitted to the medical officer of health a physician report or nurse practitioner report, made within 30 days after the applicant came into contact with the bodily substance of the respondent, that assesses the risk to the health of the applicant as a result of that contact; and (f) having regard to the physician report or nurse practitioner report required by clause (e), the taking and analysis of a blood sample from the respondent is necessary to decrease or eliminate the risk to the health of the applicant as a result of the applicant’s having come into contact with the bodily substance. 2006, c. 26, s. 5 (1); 2019, c. 1, Sched. 7, s. 4 (1); 2025, c. 7, Sched. 5, s. 2 (1, 2). Order (2) If the Board decides that the respondent should be ordered to provide a blood sample for analysis, the Board shall, at the same time as it makes its decision, make an order, (a) requiring the respondent to allow a physician, a nurse practitioner or a person belonging to a prescribed class of persons to take a blood sample from the respondent within two business days after the order is provided to the respondent or the respondent’s counsel or agent; (b) requiring the physician, nurse practitioner or other person to whom the respondent goes for the taking of a blood sample to take the blood sample and to deal with it in the manner specified in the regulations and the order, including to deliver it to an analyst; and (c) requiring the analyst to whom the sample is delivered, (i) to analyse the blood sample and report on the results of the analysis in accordance with the regulations and the requirements specified in the order, (ii) to make reasonable attempts to deliver the report on the results of the analysis to the reporting physician or nurse practitioner, (iii) to make reasonable attempts to deliver the report on the results of the analysis to the respondent’s physician or nurse practitioner, if requested by the respondent, (iv) to make reasonable attempts to deliver to the applicant, (A) a notice that the analyst delivered the report on the results of the analysis to the reporting physician or nurse practitioner or made reasonable attempts to do so, and (B) a recommendation that the applicant consult the reporting physician or nurse practitioner for a proper interpretation of the results of the analysis, and (v) if the respondent requested that the report on the results of the analysis be delivered to their physician or nurse practitioner, to make reasonable attempts to deliver to the respondent, (A) a notice that the analyst delivered the report on the results of the analysis to the respondent’s physician or nurse practitioner or made reasonable attempts to do so, and (B) a recommendation that the respondent consult their physician or nurse practitioner for a proper interpretation of the results of the analysis. 2025, c. 7, Sched. 5, s. 2 (3). Notice of decision, order (3) Subject to subsection (4), the Board shall, on the day it renders its decision, provide each party or the party’s counsel or agent and the medical officer of health who referred the application to the Board with a copy of the Board’s decision and of any order made by the Board. 2019, c. 1, Sched. 7, s. 4 (3). Extension (4) Subject to section 5.1, the Board may provide a party or a party’s counsel or agent with a copy of the Board’s decision and of any order made by the Board within a longer period than the period required by subsection (3) in the prescribed circumstances. 2019, c. 1, Sched. 7, s. 4 (3). Decision final (5) Despite section 80 of the Health Care Consent Act, 1996, the decision of the Board is final. 2006, c. 26, s. 5 (5). Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 7, s. 4 (1-3) - 01/07/2023 2025, c. 7, Sched. 5 s. 2 (1-3) - 01/07/2025 Exceptional circumstances 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 Court order for compliance 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 directions as the judge considers appropriate in the circumstances. 2019, c. 1, Sched. 7, s. 6; 2025, c. 7, Sched. 5, s. 3. Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 7, s. 6 - 01/07/2023 2025, c. 7, Sched. 5, s. 3 - 01/07/2025 Obligations re taking and analysing sample 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 (c) despite the Personal Health Information Protection Act, 2004, shall not disclose the results of the analysis of the blood sample to any person other than in accordance with the regulations and the order. 2006, c. 26, s. 7 (2); 2019, c. 1, Sched. 7, s. 7. Application of Health Care Consent Act, 1996 (3) The Health Care Consent Act, 1996 does not apply to the taking of a blood sample pursuant to an order of the Board. 2006, c. 26, s. 7 (3). Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 7, s. 7 - 01/07/2023 Results of analysis not admissible in criminal proceeding 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. Protection from personal liability 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). Protection from liability for complying with order to take or analyse sample, etc. (4) No action or other proceeding for damages or otherwise shall be instituted against a person for any act done in good faith in compliance with an order under clause 5 (2) (b) or (c). 2006, c. 26, s. 9 (4). Protection from liability for reports (5) No action or other proceeding shall be instituted against a person for making, in good faith, a physician report or nurse practitioner report for the purposes of clause 5 (1) (e) or any other report referred to or required by this Act or the regulations. 2006, c. 26, s. 9 (5); 2025, c. 7, Sched. 5, s. 4. No physician-patient relationship (6) Nothing in this Act and nothing done under this Act creates a physician-patient relationship or other relationship of trust between a medical officer of health and an applicant or respondent. 2006, c. 26, s. 9 (6). Offence 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 Regulations 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 governing the obtaining and provision of that evidence; (f.1) establishing and governing the process for an applicant to withdraw his or her application for the purposes of subsection 3 (4). (g) governing the taking and analysis of blood samples pursuant to a request made by a medical officer of health under section 3 or an order of the Board under section 5, including requiring reports on the taking of blood samples and on the analysis and governing the reports; (h) governing the physician reports or nurse practitioner reports required by clause 5 (1) (e), including, (i) prescribing the classes of physicians or nurse practitioners, or the qualifications of physicians or nurse practitioners, who may prepare the reports, (ii) prescribing the examination and testing, including base line testing, and counselling and treatment, that the physicians or nurse practitioners must or may conduct to prepare the reports, and (iii) prescribing the information that the reports must or may contain; (i) prescribing classes of persons for the purpose of clauses 5 (2) (a) and 6 (2) (a); (j) governing the reports and notices required pursuant to an analysis of a blood sample obtained under section 3 or pursuant to an order of the Board under section 5, including prescribing the information that such reports and notices must or may contain; (k) specifying restrictions or conditions on the use that any person may make of the blood sample provided pursuant to a request made by a medical officer of health under section 3 or an order of the Board under section 5, on the release of the blood sample and on the use or disclosure of any information derived from the blood sample; (l) prescribing rules governing when an application is deemed to be received by a medical officer of health or the Board; (m) Repealed: 2019, c. 1, Sched. 7, s. 9 (5). 2006, c. 26, s. 11 (1); 2009, c. 33, Sched. 9, s. 7 (3); 2019, c. 1, Sched. 7, s. 9; 2025, c. 7, Sched. 5, s. 5. Classes (2) A regulation may apply differently to different classes of persons, circumstances or listed communicable diseases. 2006, c. 26, s. 11 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 9, s. 7 (3) - 15/12/2009 2019, c. 1, Sched. 7, s. 9 (1) - 01/01/2023; 2019, c. 1, Sched. 7, s. 9 (2-5) - 01/07/2023 2025, c. 7, Sched. 5, s. 5 - 01/07/2025 Forms 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 Transition 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. ______________