Bill 178 2014

An Act to ensure that blood and blood constituents are donated freely

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Purpose

   1.  The purpose of this Act is to provide for recognition of the following principles:

    1.  Within Ontario's health care system, blood donations are viewed as a public resource‎.

‎    2.  Blood donors should not be paid, except in exceptional circumstances.

    3.  ‎The integrity of the public, voluntary blood donor system in Ontario must be protected.

Definitions

   2.  In this Act,

"blood" means human blood, and includes whole blood and blood constituents; ("sang")

"blood collection facility" means a place where blood is taken or collected from the human body; ("établissement de collecte de sang")

"compliance order" means an order made under section 5; ("arrêté de conformité")

"inspector" means an inspector appointed under section 4; ("inspecteur")

"Minister" means the Minister of Health and Long-Term Care, or, if another Minister has been assigned responsibility for this Act under the Executive Council Act, that Minister; ("ministre")

"offer to provide", without restricting the ordinary meaning of the expression, includes to offer by means of advertising in any media; ("offrir de fournir")

"payment" means, subject to the regulations, remuneration, compensation or consideration of any value and of any kind, and includes reimbursement for time, travel, commitment or expenditures of any kind; ("paiement")

"personal information" includes personal information as defined in the Freedom of Information and Protection of Privacy Act and personal health information as defined in the Personal Health Information Protection Act, 2004; ("renseignements personnels")

"record" includes a record that contains personal information; ("dossier")

"regulations" means regulations made under this Act. ("règlements")

Payment for blood prohibited

   3.  (1)  No person shall,

  (a)  provide payment to any individual in return for the giving of blood by that individual, either directly or indirectly; or

  (b)  offer to provide payment to any individual in return for the giving of blood by that individual, either directly or indirectly.

Same, donor

   (2)  No individual shall accept any payment in return for the giving of his or her blood, either directly or indirectly.

Exemption, Canadian Blood Services

   (3)  Canadian Blood Services and the individuals who give blood to Canadian Blood Services are exempt from subsections (1) and (2).

Inspectors

   4.  (1)  The Minister may appoint inspectors for the purposes of this Act.

Inspection

   (2)  For the purpose of determining whether this Act is being complied with, an inspector may, without a warrant, enter and inspect,

  (a)  a blood collection facility;

  (b)  any business premises of a company that owns, operates, franchises or licenses one or more blood collection facilities; and

   (c)  any place that the inspector reasonably believes is being used as a blood collection facility.

Time of entry

   (3)  The power under this section to enter and inspect without a warrant may be exercised only during the regular business hours of the blood collection facility, business premises or place.

Dwellings

   (4)  The power to enter and inspect under this section shall not be exercised to enter and inspect a place or a part of a place that is used as a dwelling.

Use of force

   (5)  An inspector is not entitled to use force to enter and inspect a blood collection facility, business premises or place.

Identification

   (6)  An inspector conducting an inspection shall produce, on request, evidence of his or her appointment.

Powers of inspector

   (7)  An inspector conducting an inspection may,

  (a)  examine records or anything else that is relevant to the inspection;

  (b)  demand the production of a record or any other thing that is relevant to the inspection;

   (c)  remove a record or any other thing that is relevant to the inspection for review, examination or testing;

  (d)  remove a record or any other thing that is relevant to the inspection for copying;

  (e)  in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place;

   (f)  take photographs or make any other kind of recording; and

  (g)  question a person on matters relevant to the inspection.

Written demand

   (8)  A demand under this section that a record or any other thing be produced must be in writing and must include a statement of the nature of the record or thing required.

Obligation to produce and assist

   (9)  If an inspector demands that a record or any other thing be produced under this section, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form.

Records and things removed from place

   (10)  A record or other thing that has been removed for review, examination, testing or copying,

  (a)  shall be made available to the person from whom it was removed on request and at a time and place that are convenient for the person and for the inspector; and

  (b)  shall be returned to the person within a reasonable time, unless, in the case of a thing that has been subject to testing, the thing has been made unsuitable for return as a result of the testing.

Copy admissible in evidence

   (11)  A copy of a record or other thing that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Obstruction

   (12)  No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an inspector conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the inspector with false information on matters relevant to the inspection.

Compliance orders

   5.  (1)  Where the Minister believes, on reasonable grounds, that a person who owns or operates a blood collection facility is not complying with the prohibition under subsection 3 (1), the Minister may make an order requiring the person to correct the non-compliance.

Evidence of compliance

   (2)  A person who is served with a compliance order may, within 14 days of being served, provide the Minister with evidence that the person is, in fact, in compliance with the prohibition.

Reconsideration

   (3)  Where a person has provided evidence under subsection (2), the Minister shall consider the evidence, and may either affirm the compliance order or rescind it in consequence, and have the person served with the affirmed order or notice of the rescission.

Compliance

   (4)  A person who is served with a compliance order, or an affirmed compliance order, as the case may be, shall comply with it according to its terms.

Proof of service

   (5)  A certificate of service made by the person who served a document under this section is evidence of the service of the document on the person served and its receipt by that person if, in the certificate, the person who served the document,

  (a)  certifies that the copy of the document is a true copy of it;

  (b)  certifies that the document was served on the person; and

   (c)  sets out in it the method of service used.

Copy of order

   (6)  In a prosecution for failing to comply with a compliance order, a copy of the order that purports to have been signed by the Minister is evidence of the order without proof of the signature.

Personal information

   6.  (1)  The Minister and an inspector may directly or indirectly collect personal information, subject to any requirements or conditions provided for in the regulations, for purposes related to the enforcement of this Act.

Use of personal information

   (2)  The Minister and an inspector may use personal information, subject to any requirements or conditions provided for in the regulations, for purposes related to the enforcement of this Act.

Disclosure of personal information

   (3)  The Minister and an inspector may disclose personal information, subject to any requirements or conditions provided for in the regulations, for purposes related to the enforcement of this Act.

Offences

   7.  (1)  Every person who contravenes a provision of this Act is guilty of an offence and on conviction is liable,

  (a)  in the case of an individual,

           (i)  for a first offence, to a fine not exceeding $10,000, and

          (ii)  for a second or subsequent offence, to a fine not exceeding $50,000; and

  (b)  in the case of a corporation,

           (i)  for a first offence, to a fine not exceeding $100,000, and

          (ii)  for a second or subsequent offence, to a fine not exceeding $500,000.

No limitation

   (2)  Section 76 of the Provincial Offences Act does not apply to a prosecution under this section.

Provincial Judge required

   (3)  The Attorney General or an agent of the Attorney General may, by notice to the clerk of the Ontario Court of Justice, require that a provincial judge preside over a proceeding in respect of an offence under this Act.

Publication re convictions

   (4)  If a person is convicted of an offence under this Act, the Minister may publish or otherwise make available to the general public the name of the person, a description of the offence, the date of the conviction and the person's sentence.

Compliance order not necessary

   (5)  A person may be prosecuted under this section whether or not a compliance order has been previously made with respect to the subject matter of the prosecution.

Certificates

   (6)  In any prosecution or other proceeding under this Act, a certificate of an analyst stating that the analyst has made an analysis of a sample and stating the result of that analysis is evidence of the facts alleged in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate.

Minister not liable

   8.  No action or other proceeding shall be commenced against the Minister for anything done in good faith in purported compliance with this Act.

Regulations, Minister

   9.  The Minister may make regulations exempting persons from this Act or any provisions of this Act, subject to any conditions that may be provided for in the regulations.

Regulations, Lieutenant Governor in Council

   10.  The Lieutenant Governor in Council may make regulations,

  (a)  defining any word or expression used in this Act but not defined in the Act;

  (b)  clarifying the definition of "payment" in section 2 and specifying what things do or do not constitute payment for the purpose of the Act;

   (c)  specifying requirements or conditions in respect of the collection, use or disclosure of personal information by the Minister or an inspector under this Act;

  (d)  governing the service of orders and other documents under this Act;

  (e)  for carrying out the purposes, provisions and intent of this Act.

Related Amendments

Laboratory and Specimen Collection Centre Licensing Act

   11.  (1)  The definition of "laboratory" in section 5 of the Laboratory and Specimen Collection Centre Licensing Act is repealed and the following substituted:

"laboratory" means, subject to any exclusions provided for in the regulations,

  (a)  an institution, building or place in which operations and procedures for the microbiological, serological, chemical, hematological, biophysical, immunohematological, cytological, pathological, cytogenetic, molecular genetic or genetic examination, or such other examinations as are prescribed by the regulations, of specimens taken from the human body are performed to obtain information for diagnosis, prophylaxis or treatment, and

  (b)  any other institution, building or place that may be provided for in the regulations; ("laboratoire")

   (2)  The definition of "specimen collection centre" in section 5 of the Act is repealed and the following substituted:

"specimen collection centre" means a place where specimens are taken or collected from the human body for examination to obtain information for diagnosis, prophylaxis or treatment, and any other place that may be provided for in the regulations, but does not include,

  (a)  a place where a legally qualified medical practitioner is engaged in the practice of medicine or surgery,

  (b)  a place where a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991 is engaged in the practice of nursing,

   (c)  a place where a member of the College of Dietitians of Ontario is engaged in the practice of dietetics,

  (d)  a place where a member of the College of Midwives of Ontario is engaged in the practice of midwifery,

  (e)  a laboratory that is established, operated or maintained under a licence under this Act; or

   (f)  a place that is excluded from this definition by the regulations; ("centre de prélèvement")

   (3)  Section 8 of the Act is amended by striking out "instituted against the Director" and substituting "instituted against the Minister or the Director".

   (4)  Section 9 of the Act is amended by adding the following subsections:

Blood collection facilities

   (7.1)  Despite subsections (2) and (4), where an application is made for a licence to establish, operate or maintain a laboratory or a specimen collection centre which will operate as a blood collection facility within the meaning of the Voluntary Blood Donations Act, 2014 and the Minister states in writing to the Director that it is not in the public interest to issue such a licence, section 11 shall not apply and the Director shall not issue the licence to the applicant and shall give written notice to the applicant of the refusal and of the Minister's statement.

Same

   (7.2)  In making a decision in the public interest in subsection (7.1), the Minister may consider any matter the Minister regards as relevant including, without being limited to, the principles set out in the Voluntary Blood Donations Act, 2014.

   (5)  Subsection 9 (8) of the Act is amended by adding the following clause:

  (e)  any other ground for refusal that is prescribed in the regulations exists.

   (6)  Clause 9 (17) (e) of the Act is amended by adding "or any other Act or law relevant to the operation or maintenance of a laboratory or specimen collection centre" at the end.

   (7)  Subsection 9 (17) of the Act is amended by striking out "or" at the end of clause (f), by adding "or" at the end of clause (g) and by adding the following clause:

  (h)  any other ground for revoking or refusing renewal that is prescribed in the regulations exists.

   (8)  Subsection 16 (1) of the Act is amended by striking out "5 to 18" and substituting "5 to 16".

   (9)  Subsection 16 (3) of the Act is amended by striking out "5 to 18" and substituting "5 to 16".

   (10)  Subsection 16 (4) of the Act is amended by striking out "and probable".

   (11)  Section 18 of the Act is amended by adding the following clauses:

(a.1) excluding institutions, buildings or places from the definition of "laboratory" in section 5, and providing for additional institutions, buildings or places that are laboratories for the purposes of that definition;

(a.2) providing for additional places that are specimen collection centres for the purposes of the definition of "specimen collection centre" in section 5, and excluding places from that definition;

(a.3) prescribing grounds for the purposes of subsections 9 (8) and 9 (17);

Health System Improvements Act, 2007

   12.  Section 18 of Schedule P to the Health System Improvements Act, 2007 is repealed.

Regulated Health Professions Statute Law Amendment Act, 2009

   13.  Subsection 12 (2) of the Regulated Health Professions Statute Law Amendment Act, 2009 is repealed.

Trillium Gift of Life Network Act

   14.  Section 10 of the Trillium Gift of Life Network Act is amended by striking out "other than blood or a blood constituent".

Commencement and Short Title

Commencement

   15.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   16.  The short title of this Act is the Voluntary Blood Donations Act, 2014.

 

EXPLANATORY NOTE

It is made an offence to pay or offer to pay blood donors for blood, and for blood donors to accept such payments.

Inspection and enforcement provisions are provided for, including compliance orders.

Related amendments are made to other legislation.