[37] Bill 51 Original (PDF)
Bill 51 2001
An Act to help save the lives
of Ontarians who suffer from
cardiac arrest by promoting
the widespread availability
and use of portable heart
defibrillators in public places
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"building" includes an arena, stadium, shopping centre, casino or other structure to which the public has access; ("bâtiment")
"defibrillator" means an automated external medical heart monitor and defibrillator that is capable of,
(a) recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia,
(b) determining, without intervention by an operator, whether defibrillation should be performed, and
(c) automatically charging and requesting delivery of an electrical impulse to an individual's heart as medically required. ("défibrillateur")
Defibrillators to be installed and made available
2. Portable defibrillators shall be installed in a readily accessible and highly visible place in the following locations:
1. Buildings under the jurisdiction of the Province of Ontario, including buildings to which the Crown in right of Ontario or a Crown agency has title or of which the Crown in right of Ontario or a Crown agency is a lessee.
2. Appropriate municipal buildings to be determined by the stakeholder advisory board.
3. Privately owned buildings to which the public has general access.
Guidelines
3. (1) The Ministry of Health and Long-Term Care shall develop and publish guidelines in the use and maintenance of portable defibrillators in co-operation with appropriate health and emergency service stakeholders.
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(2) The guidelines shall take into account that the defibrillators may be used by lay persons, employees and visitors to buildings and that defibrillators may be temperature sensitive.
Training program
(3) The Ministry shall develop a training program and protocol in the appropriate use of portable defibrillators in conjunction with stakeholders that provide emergency services.
Protection from liability
4. (1) Any person who uses a defibrillator pursuant to this Act on a victim of a perceived medical emergency in good faith without gross negligence or reckless misconduct is exempt from civil liability for any harm or damage that may occur from that use.
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(2) Any person who owns or operates premises on which a defibrillator is installed pursuant to this Act and who acts in good faith without gross negligence or reckless misconduct with respect to the defibrillator is exempt from civil liability for any harm or damage that may occur from the use of the defibrillator.
Definition
(3) In this section,
"perceived medical emergency" means a situation during which the behaviour of a person reasonably leads another person to believe that the person is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of that person.
Commencement
5. (1) This Act, except for sections 2 and 3, comes into force on the day it receives Royal Assent.
Same
(2) Section 2 comes into force three years after this Act receives Royal Assent.
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(3) Section 3 comes into force six months after this Act receives Royal Assent.
Short title
6. The short title of this Act is the Portable Heart Defibrillator Act, 2001.
EXPLANATORY NOTE
The Bill would require that portable heart defibrillators be made available and installed in significant public buildings, including privately owned buildings such as shopping centres, arenas and stadiums that have significant public access. The widespread installations would be completed within three years after the Bill is enacted. The Ministry of Health and Long-Term Care in consultation with emergency health stakeholders is required to develop and issue training and education guidelines for the use of portable defibrillators within six months after the Bill is enacted.
The Bill provides protection from civil liability for users of defibrillators and owners of premises on which the defibrillators are installed.