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O. Reg. 103/03: EXEMPTION - SUBSECTION 39 1 OF THE ACT

filed March 27, 2003 under Health Protection and Promotion Act, R.S.O. 1990, c. H.7

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ontario regulation 103/03

made under the

health protection and promotion act

Made: March 26, 2003
Filed: March 27, 2003
Printed in The Ontario Gazette: April 12, 2003

Amending O. Reg. 338/96

(Exemption — Subsection 39 (1) of the Act)

1. Section 1 of Ontario Regulation 338/96 is revoked and the following substituted:

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,

(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, including,

(A) West Nile Virus Fever, or

(B) West Nile Virus Neurological Manifestations.

2. This Regulation comes into force on May 1, 2003.