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Bill 140, Defibrillator Registry Act, 2019

Gélinas, France

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Bill 140 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Defibrillator Registry Act, 2019 .

The Act provides for the creation of a registry of the location of

defibrillators installed in premises that are accessible to members of the

public and for the appointment of a Registrar to maintain the registry. The

registry is to be made available to 9-1-1 call takers and dispatchers in

Ontario.

Persons

responsible for premises that are accessible to members of the public are

required to notify the Registrar when installing a defibrillator or when

removing or relocating it. The Act also sets out certain requirements related

to the maintenance of the defibrillators. The Minister responsible for the

administration of the Act may develop programs and services that aim to assist

in identifying where to install defibrillators and in appropriately maintaining

the defibrillators. The Minister is required to develop a complaints mechanism

for use by members of the public respecting alleged contraventions of the Act.

Bill 140 2019

Act to enact the Defibrillator Registry Act, 2019

Her

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

Province of Ontario, enacts as follows:

Interpretation,

Minister’s Responsibilities

Interpretation

(1) In

this Act,

“defibrillator”

means an automated external defibrillator; (“défibrillateur”)

“Minister”

means the member of the Executive Council assigned the administration of this

Act under the Executive Council Act ; (“ministre”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

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

Person

responsible for a premises

(2) For

the purposes of this Act, the person responsible for a premises that is

accessible to members of the public and in which a defibrillator is installed is

the owner of the premises, subject to the regulations.

Joint

responsibility

(3) If

there is more than one person responsible for a premises that is accessible to

members of the public and in which a defibrillator is installed, they are

jointly responsible for reporting in respect of the defibrillator and

maintaining and testing it.

Responsibilities

of Minister

(1) The

Minister shall appoint a public servant employed under

Part III of the Public Service of Ontario Act, 2006 as the Registrar for

the purposes of this Act.

Programs

and services

(2) The

Minister may develop programs and services to assist persons responsible for

premises that are accessible to members of the public with identifying appropriate

places to install defibrillators and appropriately maintaining defibrillators

that have been installed.

Responsibilities

Respecting Defibrillators

Notification

to Registrar

(1) If

a defibrillator is installed in a premises that is accessible to members of the

public, the person responsible for the premises shall notify the Registrar in

the prescribed manner within 30 days of the installation.

Content

of notification

(2) In

notifying the Registrar, the person responsible for the premises shall provide the

Registrar with,

(

a) the

precise location of the defibrillator and any limitations respecting how and

when the defibrillator may be accessed;

(

b) the

manner and times at which the defibrillator must be maintained and tested in

accordance with

section 4; and

(

c) any

other prescribed information.

Notification

in case of removal or relocation

(3) If

the defibrillator is to be removed or relocated, the person responsible for the

premises shall notify the Registrar in accordance with the regulations before

the defibrillator is removed or relocated and, in the case of a defibrillator that

is to be moved, shall provide updated information in respect of the

defibrillator.

Initial

registration

(4) Within

30 days after the day on which this Act receives Royal Assent, the person

responsible for a premises that is accessible to members of the public and in which

a defibrillator is installed shall notify the Registrar in the prescribed

manner and provide to the Registrar the information referred to in subsection

(2).

Maintenance

and testing of defibrillators

(1) A

person responsible for a premises that is accessible to members of the public

and in which a defibrillator is installed shall ensure that the defibrillator

is maintained and tested in accordance with the manufacturer`s guidelines and

in accordance with any other prescribed requirements.

Records

to be kept

(2) The

person responsible for the premises shall, in accordance with the regulations, keep

a record of the maintenance and testing.

Registry

Defibrillator

Registry

(1) The

Registrar shall maintain a registry containing the information communicated to

the Registrar in accordance with this Act.

Notice

to owners

(2) The

Registrar shall, in the prescribed manner and at the prescribed times, provide

notice to persons indicated in the registry as being responsible for premises accessible

to members of the public and in which a defibrillator is installed of the need

to maintain and test the defibrillator.

Removal

of defibrillator

(3) The

Registrar shall remove a defibrillator from the registry if it comes to the

attention of the Registrar that the defibrillator has been removed or is not

being maintained in accordance with

section 4.

Access

to registry for 9-1-1 purposes

The

Minister shall take all necessary steps to ensure that 9-1-1 call takers and

dispatchers throughout Ontario have immediate access to the most recent version

of the registry at all times.

Complaints

The

Minister shall establish a mechanism by which members of the public may report

alleged contraventions of sections 3 and 4 to the Registrar.

Regulations,

Crown Bound

Regulations

The

Minister may make regulations respecting any matter necessary or advisable to

carry out effectively the intent and purpose of this Act including,

(

a) providing

for anything that this Act refers to as being provided for in the regulations;

(

b) designating,

in respect of a premises that is accessible to members of the public and in

which a defibrillator is installed, a person other than the owner as the person

responsible for the premises for the purposes of this Act;

(

c) governing

inspections, including the powers and duties of inspectors.

Crown

bound

This

Act binds the Crown.

Commencement

and

Short Title

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Defibrillator

Registry Act, 2019 .

Date Bill stage Event Outcome Committee

November 18, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

November 18, 2019

Committee

Second Reading

Committee

Third Reading

Royal Assent

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