Overview

The Mandatory Blood Testing Act, 2006, helps emergency first responders, medical professionals, correctional workers, victims of crime and others reduce the chances of getting sick if they are exposed to a serious disease.

If you come into contact with the blood of another person — you may have been exposed to one of the following diseases:

  • Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS)
  • Hepatitis B
  • Hepatitis C

If you think you have been accidently exposed to one of those diseases, you should immediately contact a medical professional who can help assess the risk of infection and decide whether to start treatment or preventive measures.

You are also eligible to apply to a Medical Officer of Health to analyze that person’s (the respondent’s) blood sample.

Eligible to apply

Under the Mandatory Blood Testing Act, 2006, you are eligible to apply if:

  • you have been a victim of crime
  • you provided emergency health care services or emergency first aid to the person
  • you belong to any of the identified 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:

  1. Complete the application form.
  2. Submit the form to the local Medical Officer of Health in the respondent’s local health unit no more than seven days after the occurrence. If the deadline falls on a Saturday, Sunday or holiday, the deadline is extended by one day.

After you submit your application   

The local Medical Officer of Health will:

  • screen your application to make sure it meets the requirements of the Act
  • attempt to contact the respondent and request that the respondent voluntarily provide a blood sample for testing

Consent and Capacity Board

The application will be referred to the Consent and Capacity Board if:

  • the respondent does not provide a blood sample within two days of the local Medical Officer of Health receiving the application
  • the respondent could not be located in time

Holding a hearing

The Consent and Capacity Board will hold a hearing to decide whether to issue a mandatory order. The board must:

  • begin and complete a hearing within seven days of receiving an application from a local Medical Officer of Health
  • make its decision within one day after the hearing ends, however, if this day falls on a Saturday, Sunday or any other holiday, the deadline will be extended by one day

The board will provide a copy of the board's decision and any order made by the board to:

  • the applicant
  • the respondent (or their representative)
  • the local Medical Officer of Health

Decisions by the Consent and Capacity Board are final. There is no right of appeal. However, both the applicant and the respondent have the right to apply for a judicial review of the decision by the Superior Court of Justice.

Timeline to comply with board orders

The respondent has seven days from the date the order is made to comply.

Penalties for non-compliance

Every person who fails to obey an order made by the board is guilty of an offence. The person may be fined up to $5000 per day, starting on the day the offense started until they comply with the order.

Application forms

Forms and guides to complete your application are available on the Central Forms Repository, including:  

Location and contact

Contact us for more information about the collection practices.

Mail:

Policy Development and Coordination Branch
Ministry of the Solicitor General
18th Floor, 25 Grosvenor Street
Toronto ON
M7A 1Y6

Call:

Tel: 416-212-4221

Fax: 416-326-0498

TTY: 416-326-5511

Toll-free TTY: 1-866-517-0572