ontario regulation 375/03

made under the

Health PROTECTION and promotion act

Made: September 8, 2003
Filed: September 8, 2003
Printed in The Ontario Gazette: September 27, 2003

Amending O. Reg. 166/03

(Orders under Section 22.1 of the Act)

1. (1) The definition of “crime” in subsection 1 (1) of Ontario Regulation 166/03 is revoked and the following substituted:

“crime” means an offence under the Criminal Code (Canada) committed in Ontario which results in physical injury to a victim and as a result of which the victim may have come into contact with a bodily substance of a respondent;

(2) The definition of “victim” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“victim” means a person who may have come into contact with a bodily substance of a respondent as a result of sustaining physical injury from any act or omission in Ontario of a respondent occurring in or resulting from the commission of a crime.

2. Section 4 of the Regulation is amended by adding the following subsections:

(8) The Chief Medical Officer of Health may, if in the opinion of the Chief Medical Officer of Health it is appropriate to do so, direct the medical officer of health in the appropriate health unit who receives the application to transfer the application to a medical officer of health in a health unit other than the appropriate health unit, and shall notify the receiving medical officer of health of the transfer of the application.

(9) The Chief Medical Officer of Health may provide a direction under subsection (8) without providing reasons for his or her decision.

(10) The medical officer of health who receives an application under the direction of the Chief Medical Officer of Health shall determine the application in accordance with the Act and this Regulation.

3. (1) Subsection 16 (4) of the Regulation is revoked.

(2) Section 16 of the Regulation is amended by adding the following subsection:

(9.1) A decision of the Chief Medical Officer of Health made under subsection (9) is final and not subject to further review or appeal.

(3) Section 16 of the Regulation is amended by adding the following subsection:

(11.1) A decision of the Chief Medical Officer of Health made under subsection (11) is final and not subject to further review or appeal.

(4) Subsection 16 (27) of the Regulation is revoked and the following substituted:

(27) If the Chief Medical Officer of Health determines that the refusal is clearly wrong, the Chief Medical Officer of Health shall substitute his or her own decision for the decision of the medical officer of health who refused the order and direct the medical officer of health to make the order sought by the applicant in accordance with section 11.

(5) Subsection 16 (31) of the Regulation is revoked and the following substituted:

(31) If the Chief Medical Officer of Health determines that the refusal is no longer correct, the Chief Medical Officer of Health shall substitute his or her own decision for the decision of the medical officer of health who refused the order and direct the medical officer of health to make the order sought by the applicant in accordance with section 11.

4. This Regulation comes into force immediately upon the coming into force of Ontario Regulation 166/03.

 

 

 

Made by:

Tony Clement

Minister of Health and Long-Term Care

Date made: September 8, 2003.