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Bill 141, Defibrillator Registration and Public Access Act, 2020

Martin, Robin

Royal Assent received. Statutes of Ontario 2020,

chapter 8

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Status

Debates

Royal Assent

As Amended by Standing Committee

Original

Bill 141 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 141 and does not form part of the law.

Bill 141 has been enacted as

Chapter 8 of the Statutes of Ontario, 2020.

The

Defibrillator Registration and Public Access Act, 2020

is enacted. The Act imposes certain requirements respecting the installation,

maintenance, testing and availability of defibrillators on designated premises

or public premises. The Act also requires defibrillators at such premises to be

registered with the registrar within specified time periods, and for the

prescribed persons to be notified of the registrations. Regulations may be made

under the Act setting out details relating to the requirements under the Act.

Bill 141 2020

Act respecting registration of and access to defibrillators

Preamble

Each

year, approximately 7,000 Ontarians will experience cardiac arrest. Up to 85

per cent of cardiac arrests occur at home or in public places. Almost half of

cardiac arrests are witnessed by a family member or friend. When used in

conjunction with CPR in the first few minutes after a cardiac arrest,

defibrillation can dramatically improve cardiac arrest survival rates by more

than 50 per cent. Ensuring that automated external defibrillators are available

to members of the public may prevent tragedies from occurring.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definitions

this Act,

“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,

(

c) automatically

charging and requesting delivery of an electrical impulse to an individual’s

heart as medically required, and

(

d) satisfying

any other prescribed criteria; (“défibrillateur”)

“designated

premises” means premises accessible to the public that are designated by the

regulations; (“lieu désigné”)

“Minister”

means the member of the Executive Council to whom responsibility for the

administration of this Act is assigned or transferred under the Executive Council Act ; (“ministre”)

“regulations”

means the regulations made under this Act; (“règlements”)

“prescribed”

means prescribed by the regulations. (“prescrit”)

Designation

of registrar

The

Minister may designate a registrar for the purpose of this Act.

Requirements

re installation, access, maintenance, etc.

Designated

premises

(1) Every person who owns

or operates designated premises shall,

(

a) ensure

that defibrillators are installed at the premises in accordance with the

regulations;

(

b) ensure

that any defibrillators installed at the premises are available for use in

locations that facilitate easy access to the defibrillator, as described in the

regulations;

(

c) ensure

that the location of a defibrillator at the premises is appropriately indicated

with signs in accordance with the regulations;

(

d) ensure

that any defibrillator installed at the premises is maintained and tested in

accordance with the manufacturer’s guidelines and with any other guidelines as

may be prescribed; and

(

e) ensure

that training is undertaken by prescribed persons for the use of a

defibrillator, according to the prescribed training and education guidelines.

Public

premises

(2) Every person who owns

or operates public premises at which a defibrillator is installed shall comply

with the requirements in clauses (1) (

b) to (e).

Registration

of defibrillator

(1) Every

person who owns or operates designated premises or public premises at which a

defibrillator is installed shall register the defibrillator with the registrar,

(

a) within

30 days after it is installed; or

(

b) if,

on the day this subsection comes into force, the defibrillator has already been

installed, no later than 30 days after that day.

Defibrillator

moved or removed

(2) Subject

to the regulations, if a defibrillator registered with the registrar is moved to

a different location at the designated premises or public premises, or is

removed from the premises for any reason, the owner or operator of the premises

must notify the registrar in accordance with the regulations.

Notification

re defibrillators

The

registrar must, in accordance with the regulations, notify the prescribed

persons about,

(

a) the

registration of any defibrillator under

section 4; or

(

b) the

subsequent moving of the defibrillator to a different location within the

premises or its removal from the premises.

Inspectors

(1) The

Minister may appoint inspectors for the purposes of this Act.

Inspection

(2) An

inspector may, without warrant and without notice, enter any premises that is

not a dwelling at any reasonable time and conduct inspections for the purpose

of determining compliance with the requirements under this Act.

Identification

(3) An

inspector conducting an inspection shall produce, on request, evidence of his

or her appointment.

Powers

of inspector

(4) An

inspector conducting an inspection may,

(

a) examine

and make copies of a document or other thing that is relevant to the

inspection;

(

b) search

for or demand the production for inspection of a document, in a readable

format, or other thing, that is relevant to the inspection;

(

c) remove

a document or other thing that is relevant to the inspection for the purpose of

making a copy, and return the document or other thing as promptly as reasonably

possible; and

(

d) question

a person on matters relevant to the inspection.

Copy

admissible in evidence

(5) A

copy of a document 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 as the document or

other thing itself without proof of the signature or official character of the

person appearing to have certified the copy.

Obstruction

(6) No

person shall obstruct, hinder or interfere with or attempt to obstruct, hinder

or interfere with an inspector conducting an inspection or refuse to answer

questions on matters relevant to the inspection.

False

information, etc.

(7) No

person shall provide an inspector with information that the person knows to be

false or misleading, or conceal or destroy anything that is relevant to an

inspection.

Offence

(1) A

person is guilty of an offence if the person,

(

a) contravenes

a provision of this Act;

(

b) obstructs,

hinders or interferes with or attempts to obstruct, hinder or interfere with an

inspector conducting an inspection contrary to subsection 6 (6); or

(

c) provides

false or misleading information to an inspector or conceals or destroys

anything that is relevant to an inspection contrary to subsection 6 (7).

Penalty,

individual

(2) An

individual who is convicted of an offence under subsection (1) is liable to the

prescribed fine.

Penalty,

corporation

(3) A

corporation that is convicted of an offence under subsection (1) is liable to

the prescribed fine.

Same,

officers and directors

(4) An

officer or director of a corporation who authorizes or permits the corporation

to commit an offence under subsection (1) is guilty of an offence and on

conviction is liable to the prescribed fine.

Crown

bound

This

Act binds the Crown.

Regulations

The

Lieutenant Governor in Council may make regulations,

(

a) defining,

for the purposes of the Act and the regulations, the expression “public

premises”;

(

b) governing

the registration of defibrillators;

(

c) prescribing

and governing any matter that this Act describes as being prescribed, done in

accordance with the regulations or provided for in the regulations;

(

d) governing

the powers and duties of inspectors appointed for the purposes of the Act, the

obligations of other persons in respect of inspections conducted by an

inspector, and the admissibility in court of evidence procured by the inspector;

(

e) respecting

any matter necessary or advisable to effectively carry out the purposes of this

Act.

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Defibrillator

Registration and Public Access Act, 2020 .

Bill 141 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for

new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

The

Defibrillator Registration and Public Access Act, 2020

is enacted. The Act imposes certain requirements respecting the installation,

maintenance, testing and availability of defibrillators on designated premises

or public premises. The Act also requires defibrillators at such premises to be

registered with the registrar within specified time periods, and for the

prescribed persons to be notified of the registrations. Regulations may be made

under the Act setting out details relating to the requirements under the Act.

Bill 141 2020

Act respecting registration of and access to defibrillators

Preamble

Each year, approximately 7,000 Ontarians

will experience cardiac arrest. Up to 85 per cent of cardiac arrests occur at

home or in public places. Almost half of cardiac arrests are witnessed by a

family member or friend. When used in conjunction with CPR in the first few

minutes after a cardiac arrest, defibrillation can dramatically improve cardiac

arrest survival rates by more than 50 per cent. Ensuring that automated

external defibrillators are available to members of the public may prevent

tragedies from occurring.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definitions

this Act,

“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,

(

c) automatically

charging and requesting delivery of an electrical impulse to an individual’s

heart as medically required, and

(

d) satisfying

any other prescribed criteria; (“défibrillateur”)

“designated

premises” means premises accessible to the public that are designated by the

regulations; (“lieu désigné”)

“Minister”

means the member of the Executive Council to whom responsibility for the

administration of this Act is assigned or transferred under the Executive Council Act ; (“ministre”)

“regulations”

means the regulations made under this Act; (“règlements”)

“prescribed”

means prescribed by the regulations. (“prescrit”)

Designation

of registrar

The

Minister may designate a registrar for the purpose of this Act.

Requirements

re installation, access, maintenance, etc.

Designated

premises

(1) Every person who owns Every person who owns or operates designated premises

shall,

(

a) ensure

that defibrillators are installed at the premises in accordance with the

regulations;

(

b) ensure

that any defibrillators installed at the premises are available for use in

locations that facilitate easy access to the defibrillator, as described in the

regulations;

(

c) ensure

that the location of a defibrillator at the premises is appropriately indicated

with signs in accordance with the regulations;

(

d) ensure

that any defibrillator installed at the premises is maintained and tested in

accordance with the manufacturer’s guidelines and with any other guidelines as

may be prescribed; and

(

e) ensure

that training is undertaken by prescribed persons for the use of a

defibrillator, according to the prescribed training and education guidelines.

Public

premises

(2) Every person who owns Every person who owns or operates public

premises at which a defibrillator is installed shall comply with the requirements

in clauses (1) (

b) to (e).

Registration

of defibrillator

(1) Every person who owns Every person who owns or operates designated

premises or public premises at which a defibrillator is installed shall register

the defibrillator with the registrar,

(

a) within

30 days after it is installed; or

(

b) if,

on the day this subsection comes into force, the defibrillator has already been

installed, no later than 30 days after that day.

Defibrillator

moved or removed

(2) Subject

to the regulations, if a defibrillator registered with the registrar is moved

to a different location at the designated premises or public premises, or is

removed from the premises for any reason, the owner the owner or operator of the premises must

notify the registrar in accordance with the regulations.

Notification

re defibrillators

The

registrar must, in accordance with the regulations, notify the prescribed

persons about,

(

a) the

registration of any defibrillator under

section 4; or

(

b) the

subsequent moving of the defibrillator to a different location within the

premises or its removal from the premises.

Inspectors

(1) The

Minister may appoint inspectors for the purposes of this Act.

Inspection

(2) An

inspector may, without warrant and without notice, enter any premises that is

not a dwelling at any reasonable time and conduct inspections for the purpose

of determining compliance with the requirements under this Act.

Identification

(3) An

inspector conducting an inspection shall produce, on request, evidence of his

or her appointment.

Powers

of inspector

(4) An

inspector conducting an inspection may,

(

a) examine

and make copies of a document or other thing that is relevant to the

inspection;

(

b) search

for or demand the production for inspection of a document, in a readable

format, or other thing, that is relevant to the inspection;

(

c) remove

a document or other thing that is relevant to the inspection for the purpose of

making a copy, and return the document or other thing as promptly as reasonably

possible; and

(

d) question

a person on matters relevant to the inspection.

Copy

admissible in evidence

(5) A

copy of a document 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 as the document or

other thing itself without proof of the signature or official character of the

person appearing to have certified the copy.

Obstruction

(6) No

person shall obstruct, hinder or interfere with or attempt to obstruct, hinder

or interfere with an inspector conducting an inspection or refuse to answer

questions on matters relevant to the inspection.

False

information, etc.

(7) No

person shall provide an inspector with information that the person knows to be

false or misleading, or conceal or destroy anything that is relevant to an

inspection.

Offence

(1) A

person is guilty of an offence if the person,

(

a) contravenes

a provision of this Act;

(

b) obstructs,

hinders or interferes with or attempts to obstruct, hinder or interfere with an

inspector conducting an inspection contrary to subsection 6 (6); or

(

c) provides

false or misleading information to an inspector or conceals or destroys

anything that is relevant to an inspection contrary to subsection 6 (7).

Penalty, individual

(2) An individual who is

convicted of an offence under subsection (1) is liable,

(

a) for a first offence, to a fine of

not more than $3,000;

(

b) for a subsequent offence, to a

fine of not more than $10,000.

Penalty, corporation

(3) A corporation that is

convicted of an offence under subsection (1) is liable,

(

a) for a first offence, to a fine of

not more than $5,000;

(

b) for a subsequent offence, to a

fine of not more than $25,000.

Same, officers and directors

(4) An officer or director of

a corporation who authorizes or permits the corporation to commit an offence

under subsection (1) is guilty of an offence and on conviction is liable,

(

a) for a first offence, to a fine of

not more than $3,000;

(

b) for a subsequent offence, to a

fine of not more than $10,000.

Penalty, individual

(2) An individual who is

convicted of an offence under subsection (1) is liable to the prescribed fine.

Penalty, corporation

(3) A corporation that is

convicted of an offence under subsection (1) is liable to the prescribed fine.

Same, officers and directors

(4) An officer or director of

a corporation who authorizes or permits the corporation to commit an offence

under subsection (1) is guilty of an offence and on conviction is liable to the

prescribed fine.

Crown

bound

This

Act binds the Crown.

Regulations

The

Lieutenant Governor in Council may make regulations,

(

a) defining,

for the purposes of the Act and the regulations, the expression “public

premises”;

(a.1) governing the registration of

defibrillators;

(

b) prescribing

and governing any matter that this Act describes as being prescribed, done in

accordance with the regulations or provided for in the regulations;

(

c) governing

the powers and duties of inspectors appointed for the purposes of the Act, the

obligations of other persons in respect of inspections conducted by an inspector,

and the admissibility in court of evidence procured by the inspector;

(

d) respecting any matter necessary

or advisable to effectively carry out the purposes of this Act.

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Defibrillator

Registration and Public Access Act, 2020 .

Bill 141 Original (PDF)

EXPLANATORY

NOTE

The

Defibrillator Registration and Public Access Act, 2019

is enacted. The Act imposes certain requirements respecting the installation,

maintenance, testing and availability of defibrillators on designated premises

or public premises. The Act also requires defibrillators at such premises to be

registered with the registrar within specified time periods, and for the

prescribed persons to be notified of the registrations. Regulations may be made

under the Act setting out details relating to the requirements under the Act.

Bill 141 2019

Act respecting registration of and access to defibrillators

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definitions

this Act,

“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,

(

c) automatically

charging and requesting delivery of an electrical impulse to an individual’s

heart as medically required, and

(

d) satisfying

any other prescribed criteria; (“défibrillateur”)

“designated

premises” means premises accessible to the public that are designated by the

regulations; (“lieu désigné”)

“Minister”

means the member of the Executive Council to whom responsibility for the

administration of this Act is assigned or transferred under the Executive Council Act ; (“ministre”)

“regulations”

means the regulations made under this Act; (“règlements”)

“prescribed”

means prescribed by the regulations. (“prescrit”)

Designation

of registrar

The

Minister may designate a registrar for the purpose of this Act.

Requirements

re installation, access, maintenance, etc.

Designated

premises

(1) Every person who owns designated

premises shall,

(

a) ensure

that defibrillators are installed at the premises in accordance with the

regulations;

(

b) ensure

that any defibrillators installed at the premises are available for use in

locations that facilitate easy access to the defibrillator, as described in the

regulations;

(

c) ensure

that the location of a defibrillator at the premises is appropriately indicated

with signs in accordance with the regulations;

(

d) ensure

that any defibrillator installed at the premises is maintained and tested in

accordance with the manufacturer’s guidelines and with any other guidelines as

may be prescribed; and

(

e) ensure

that training is undertaken by prescribed persons for the use of a

defibrillator, according to the prescribed training and education guidelines.

Public

premises

(2) Every person who owns

public premises at which a defibrillator is installed shall comply with the

requirements in clauses (1) (

b) to (e).

Registration

of defibrillator

(1) Every

person who owns designated premises or public premises at which a defibrillator

is installed shall register the defibrillator with the registrar,

(

a) within

30 days after it is installed; or

(

b) if,

on the day this subsection comes into force, the defibrillator has already been

installed, no later than 30 days after that day.

Defibrillator

moved or removed

(2) Subject

to the regulations, if a defibrillator registered with the registrar is moved

to a different location at the designated premises or public premises, or is

removed from the premises for any reason, the owner of the premises must notify

the registrar in accordance with the regulations.

Notification

re defibrillators

The

registrar must, in accordance with the regulations, notify the prescribed

persons about,

(

a) the

registration of any defibrillator under

section 4; or

(

b) the

subsequent moving of the defibrillator to a different location within the

premises or its removal from the premises.

Inspectors

(1) The

Minister may appoint inspectors for the purposes of this Act.

Inspection

(2) An

inspector may, without warrant and without notice, enter any premises that is

not a dwelling at any reasonable time and conduct inspections for the purpose

of determining compliance with the requirements under this Act.

Identification

(3) An

inspector conducting an inspection shall produce, on request, evidence of his

or her appointment.

Powers

of inspector

(4) An

inspector conducting an inspection may,

(

a) examine

and make copies of a document or other thing that is relevant to the

inspection;

(

b) search

for or demand the production for inspection of a document, in a readable

format, or other thing, that is relevant to the inspection;

(

c) remove

a document or other thing that is relevant to the inspection for the purpose of

making a copy, and return the document or other thing as promptly as reasonably

possible; and

(

d) question

a person on matters relevant to the inspection.

Copy

admissible in evidence

(5) A

copy of a document 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 as the document or

other thing itself without proof of the signature or official character of the

person appearing to have certified the copy.

Obstruction

(6) No

person shall obstruct, hinder or interfere with or attempt to obstruct, hinder

or interfere with an inspector conducting an inspection or refuse to answer questions

on matters relevant to the inspection.

False

information, etc.

(7) No

person shall provide an inspector with information that the person knows to be

false or misleading, or conceal or destroy anything that is relevant to an

inspection.

Offence

(1) A

person is guilty of an offence if the person,

(

a) contravenes

a provision of this Act;

(

b) obstructs,

hinders or interferes with or attempts to obstruct, hinder or interfere with an

inspector conducting an inspection contrary to subsection 6 (6); or

(

c) provides

false or misleading information to an inspector or conceals or destroys

anything that is relevant to an inspection contrary to subsection 6 (7).

Penalty,

individual

(2) An

individual who is convicted of an offence under subsection (1) is liable,

(

a) for

a first offence, to a fine of not more than $3,000;

(

b) for

a subsequent offence, to a fine of not more than $10,000.

Penalty,

corporation

(3) A

corporation that is convicted of an offence under subsection (1) is liable,

(

a) for

a first offence, to a fine of not more than $5,000;

(

b) for

a subsequent offence, to a fine of not more than $25,000.

Same,

officers and directors

(4) An

officer or director of a corporation who authorizes or permits the corporation

to commit an offence under subsection (1) is guilty of an offence and on

conviction is liable,

(

a) for

a first offence, to a fine of not more than $3,000;

(

b) for

a subsequent offence, to a fine of not more than $10,000.

Crown

bound

This

Act binds the Crown.

Regulations

The

Lieutenant Governor in Council may make regulations,

(

a) defining,

for the purposes of the Act and the regulations, the expression “public

premises”;

(

b) prescribing

and governing any matter that this Act describes as being prescribed, done in accordance

with the regulations or provided for in the regulations;

(

c) governing

the powers and duties of inspectors appointed for the purposes of the Act, the

obligations of other persons in respect of inspections conducted by an

inspector, and the admissibility in court of evidence procured by the inspector.

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Defibrillator

Registration and Public Access Act, 2019 .

Date Bill stage Event Outcome Committee

June 18, 2020

Royal Assent

Royal Assent received

May 26, 2020

Third Reading

Vote

Carried

May 26, 2020

Third Reading

Debated

March 11, 2020

Third Reading

Debated

March 10, 2020

Third Reading

Debated

February 26, 2020

Second Reading

Ordered for Third Reading

February 26, 2020

Second Reading

Reported as amended

February 25, 2020

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

February 24, 2020

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

February 20, 2020

Second Reading

Motion to arrange proceedings

January 29, 2020

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

January 16, 2020

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

December 11, 2019

Second Reading

Motion to arrange proceedings

November 21, 2019

Second Reading

Ordered referred to Standing Committee

Standing Committee on Social Policy

November 21, 2019

Second Reading

Vote

Carried

November 21, 2019

Second Reading

Debated

November 18, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

November 18, 2019

Committee

Second Reading

November 21, 2019

Mrs. Robin Martin, Ms. Teresa J. Armstrong, Ms. Natalia Kusendova, Mr. John Vanthof, Mr. Logan Kanapathi, Mr. Amarjot Sandhu

November 21, 2019

Declared carried. Referred to the Standing Committee on Social Policy.

Motion to Arrange Proceedings

December 11, 2019

Declared carried.

Motion to Arrange Proceedings

February 20, 2020

Declared carried.

Committee

Standing Committee on Social Policy

January 16, 2020

January 29, 2020

February 24, 2020

Februrary 25, 2020

February 26, 2020

Reported to the House as amended. Ordered for third reading.

Third Reading

March 10, 2020

Mrs. Robin Martin, Mme France Gélinas, Hon. Paul Calandra

March 11, 2020

Mr. Robert Bailey, Mr. John Fraser, Ms. Goldie Ghamari, Ms. Sandy Shaw, Ms. Donna Skelly

May 26, 2020

Ms. Teresa J. Armstrong, Ms. Catherine Fife, M. Guy Bourgouin, Ms. Peggy Sattler, Mr. Michael Mantha

Declared carried.

Royal Assent

Thursday, June 18, 2020

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