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Bill 158, Defibrillator Training and Access Act, 2019

Fraser, John

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Debates

Original

Bill 158 Original (PDF)

EXPLANATORY

NOTE

The

Bill requires the owners of designated premises to install, make available for

use, maintain and test defibrillators in their premises. Owners must also

ensure that training is undertaken in accordance with prescribed guidelines.

The

Bill also provides for the registration of defibrillators with a registrar

designated by the Minister. The registrar is required to notify emergency

service providers and others of the registration, including the specific

location, of a defibrillator.

Bill 158 2019

Act to provide for public access to and training with respect 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. Premises such as schools, fitness centres and hockey arenas

are prime targets for the placement of automated external defibrillators due to

the nature of the activities that take place at these locations. Ensuring that

automated external defibrillators are available to members of the public may

prevent tragedies from occurring.

Therefore,

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 criteria that may be prescribed by regulation; (“défibrillateur”)

“designated

premises” means a premises accessed by members of the public at which a

defibrillator is required to be installed under 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”)

“registrar”

means the registrar designated under

section 2; (“registraire”)

“regulations”

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

Registration

of defibrillators

Minister

to designate registrar

(1) The

Minister shall designate a registrar for the purposes of this Act.

Registration

(2) An

owner of a designated premises at which a defibrillator is installed shall,

within 30 days after installation, register the defibrillator with the

registrar in accordance with the regulations.

Information

to be provided

(3) For

the purposes of registering a defibrillator, an owner of a designated premises

shall provide to the registrar the details of the location of the defibrillator

and such other information as may be prescribed by the regulations.

Same,

if location changes, etc.

(4) If

a defibrillator registered under this Act is moved to a different location at

the designated premises or is removed from the designated premises for any

reason, any owner of the designated premises shall notify the registrar in

accordance with the regulations.

Registrar

to notify emergency service providers, etc.

(5) The

registrar shall, in accordance with the regulations, notify emergency service

providers and such other persons as may be prescribed by the regulations of the

following:

1. The

registration of a defibrillator, including its location within a designated

premises.

2. The

change of the location of or the removal of a registered defibrillator.

Installation

of defibrillator

owner of a designated premises shall ensure that defibrillators are installed

at the premises in accordance with the regulations.

Availability

of defibrillator

defibrillator that is required to be installed under

section 3 shall be made

available for use in accordance with the regulations.

Maintenance

of defibrillator

owner of a designated premises shall take reasonable steps to ensure that a

defibrillator that is required to be installed under

section 3 is maintained

and tested in accordance with the manufacturer’s guidelines and with any other

guidelines as may be prescribed by the regulations.

Training

re defibrillator

owner of a designated premises shall ensure that training for the use of a

defibrillator is undertaken by persons prescribed by the regulations, according

to training and education guidelines prescribed by the regulations.

Inspectors

(1) The

Minister may appoint inspectors for the purposes of this Act.

Inspection

(2) An

inspector may, without warrant and without notice, enter a designated 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) fails

to register a defibrillator in accordance with

section 2;

(

b) fails

to notify the registrar of a change of location or removal in accordance with

subsection 2 (4);

(

c) fails

to install a defibrillator in accordance with

section 3;

(

d) fails

to make a defibrillator available for use in accordance with

section 4;

(

e) fails

to maintain or test a defibrillator in accordance with

section 5;

(

f) fails

to ensure training is undertaken for the use of a defibrillator in accordance

with

section 6;

(

g) obstructs,

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

inspector conducting an inspection contrary to subsection 7 (6); or

(

h) provides

false or misleading information to an inspector or conceals or destroys anything

that is relevant to an inspection contrary to subsection 7 (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; and

(

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; and

(

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 $5,000; and

(

b) for

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

Crown

bound

This

Act binds the Crown.

Regulations

(1) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

criteria for the purpose of the definition of “defibrillator” in

section 1;

(

b) prescribing

designated premises;

(

c) governing

the registration of defibrillators under

section 2;

(

d) governing

the notification by the registrar under

section 2, including prescribing

persons who must be notified;

(

e) governing

the installation of defibrillators;

(

f) governing

how defibrillators must be made available for use in designated premises;

(

g) prescribing

maintenance and testing guidelines for the purposes of

section 5;

(

h) prescribing

training and education guidelines for the purposes of

section 6;

(

i) prescribing

anything referred to in this Act as being prescribed or otherwise done in

accordance with the regulations;

(

j) respecting

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

Act.

Consultation

(2) The

Lieutenant Governor in Council shall consult with the Heart and Stroke

Foundation of Canada and the ACT Foundation with respect to training and

education guidelines before prescribing guidelines under clause (1) (h).

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 Training

and Access Act, 2019 .

Date Bill stage Event Outcome Committee

December 5, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

December 5, 2019

Committee

Second Reading

Committee

Third Reading

Royal Assent

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