Mandatory blood testing
Learn about eligibility and how to file an application under the Mandatory Blood Testing Act.
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The Mandatory Blood Testing Act, 2006 (MBTA), allows an individual (“applicant”) to apply to have the blood of another person (“respondent”) tested for specific infectious diseases if you have come into contact with their bodily fluids.
The Act covers the following infectious diseases only:
- Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS)
- Hepatitis B
- Hepatitis C
If you think you have been exposed to the bodily fluids of another person who may have one of the above infectious diseases, you should immediately contact a medical professional who can help assess the risk of infection and discuss care and treatment options.
Eligible to apply
Under the MBTA, you are eligible to apply if you:
- have been a victim of crime
- provided emergency health care services or emergency first aid to another person
- belong to any of the following groups:
- employees in a correctional institution, place of open custody or place of secure custody
- police officers, civilian employees of a police service, First Nations constables and auxiliary members of a police service
- special constables (officers who are not employees of a police service)
- firefighters (including volunteer firefighters)
- paramedics and emergency medical attendants
- paramedic students engaged in field training
- members of the College of Physicians and Surgeons of Ontario
- medical students engaged in training
- members of the College of Nurses of Ontario
- nursing students engaged in training
Submit your application
To apply, eligible applicants must:
- Complete the application form
- Submit the form to the Medical Officer of Health in the respondent’s local public health unit (PHU) no more than 30 calendar days after the occurrence
After you submit your application
The local PHU will screen your application to make sure it meets the requirements of the Act. If it does, the local PHU will:
- attempt to contact the respondent and request that they voluntarily provide a blood sample for testing.
- refer your application to the Consent and Capacity Board (CCB).
- maintain contact with you (or your physician) as your application goes through the various stages.
Consent and Capacity Board (CCB)
Upon receipt of a referral from a local public health unit, the CCB will hold a hearing to decide whether to issue a mandatory testing order.
The applicant and the respondent, or their lawyers if they are represented, will be notified by the CCB of the date and time for their hearing. If a respondent voluntarily provides a blood sample before the hearing takes place, the hearing will be cancelled.
The CCB must begin and complete a hearing within five business days of receiving an application from a local public health unit.
The CCB will provide a copy of their decision, and any orders made, to:
- the applicant
- the respondent (or their representative)
- the local Medical Officer of Health
For more information on the CCB and their hearings please visit www.ccboard.on.ca
CCB Orders: Compliance and Enforcement
Decisions of the CCB are final and cannot be appealed, however parties may file a request for a Judicial Review with the Divisional Court. Parties wishing to pursue a Judicial Review should seek independent legal advice.
Timeline to comply with board orders
Respondents have two days from the date of the CCB’s Order to comply.
Penalties for non-compliance
Under the MBTA, a person who fails to obey an Order made by the CCB is liable, on conviction, to a fine of up to $10,000 per day and face up to six months imprisonment.
If an applicant believes a respondent has not complied with an Order of the CCB, they may apply to the Superior Court of Justice for an order requiring the person to comply. Applicants wishing to pursue legal action through the Court should seek independent legal advice.
Forms and guides to complete your application are available on the Central Forms Repository, including:
Questions about MBTA processes, including your eligibility and/or the status of your application, should be directed to the local public health unit where the application was filed.