O. Reg. 338/96: EXEMPTION - SUBSECTION 39 (1) OF THE ACTSkip to content
Health Protection and Promotion Act
Loi sur la protection et la promotion de la santé
ONTARIO REGULATION 338/96
EXEMPTION — SUBSECTION 39 (1) OF THE ACT
Historical version for the period July 27, 2007 to August 6, 2007.
Last amendment: O. Reg. 421/07.
This Regulation is made in English only.
1. Subsection 39 (1) of the Act does not apply to disclosure by a physician, the Chief Medical Officer of Health or a medical officer of health to the Canadian Blood Services if,
Note: On August 7, 2007, section 1 is amended by adding “or registered nurse in the extended class” after “physician” in the portion before clause (a). See: O. Reg. 421/07, ss. 1, 2.
(a) there are reasonable grounds to believe that the person who is the subject of the disclosure has received a blood transfusion or a blood product from the Canadian Blood Services or has donated blood to the Canadian Blood Services; and
(b) the application, order, certificate or report concerns,
(i) Acquired Immune Deficiency Syndrome (AIDS),
(ii) Human Immunodeficiency Virus (HIV), the agent of AIDS,
(iii) Hepatitis C,
(iv) Transmissible Spongiform Encephalopathy, including,
(A) Creutzfeldt-Jakob Disease, all types,
(B) Gerstmann-Sträussler-Scheinker Syndrome,
(C) Fatal Familial Insomnia, and
(D) Kuru, or
(v) West Nile Virus Illness. O. Reg. 103/03, s. 1; O. Reg. 412/06, s. 1.