History of Bill 105
Bill 105 was a private member’s bill introduced in 2001 in response to renewed calls from fire, police and ambulance personnel for compulsory testing for hepatitis B and C and HIV in persons who are believed to be the source of occupational exposure, and who refuse to be tested on a voluntary basis.
The bill received royal assent on December 14, 2001. Ontario Regulation 166/03, made under the Act, set the requirements and procedures for an application. The amendment to the Health Protection and Promotion Act and regulation came into effect on September 1, 2003.
The Mandatory Blood Testing Act, 2006
In August of 2007, section 22.1 of the HPPA was repealed. The new Mandatory Blood Testing Act and its regulation then came into effect. The intent of this new legislation is to shorten the time needed to obtain a mandatory blood test and to broaden eligibility for applications.
The new law enables police officers, firefighters, correctional services staff, paramedics and others who in the course of their work may be exposed to the blood or body fluid of others, to apply to request information about the source person’s blood with respect to hepatitis B, C and HIV.
Under the new legislation, good Samaritans are also eligible to apply, when an exposure to blood or body fluids has occurred while providing emergency first aid or health care.
1) The Mandatory Blood Testing Act – directs the process for blood testing
2) Ontario Regulation 449/07 – sets the requirements and procedures which must be followed with respect to an order for compulsory blood testing
3) Ontario Regulation 244/08 – an amendment to Regulation 449/07 which describes the inclusion of members of the College of Physicians and Surgeons and medical students in training as those eligible to apply under the Act.
The Ministry of Community Safety and Correctional Services provides additional information.
Health Unit staff are available to answer questions and provide support. Please email Your Health Connection or call 721-7520 (1 877-721-7520) and ask for Sexual Health at extension 8376.