Defibrillator Access Act, 2010 McMeekin, Ted — Bill 41 (39th Parliament, 2nd Session)

Bill 41, 39-2

Ontario — Bills

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Bill 41, Defibrillator Access Act, 2010

McMeekin, Ted

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Original

[39] Bill 41 Original (PDF)

Bill 41 2010

An Act to provide

for defibrillators in premises accessed by members of the public

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

1. In

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")

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

Installation of defibrillator

2. An

owner of a designated premises shall ensure that defibrillators are installed

at the premises in accordance with the regulations.

Availability of defibrillator

3. A

defibrillator that is required to be installed under

section 2 shall be made

available for use in accordance with the regulations.

Maintenance

4. An

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

defibrillator that is required to be installed under

section 2 is maintained

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

guidelines as may be prescribed by the regulations.

Training

5. An

owner of a designated premises shall ensure that training is undertaken by

prescribed persons for the use of a defibrillator, according to the prescribed

training and education guidelines.

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 install a defibrillator in accordance with

section 2;

(

b) fails

to make a defibrillator available for use in accordance with

section 3;

(

c) fails

to maintain or test a defibrillator in accordance with

section 4;

(

d) fails

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

with

section 5;

(

e) obstructs,

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

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

(

f) 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 $10,000;

(

b) for

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

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 $50,000;

(

b) for

a subsequent offence, to a fine of not more than $100,000.

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 $10,000;

(

b) for

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

Crown bound

8. 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 installation of defibrillators;

(

d) governing

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

(

e) prescribing

maintenance and testing guidelines for the purposes of

section 4;

(

f) prescribing

guidelines for the purposes of

section 5;

(

g) prescribing

anything referred to in this Act as being prescribed;

(

h) respecting

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

Act.

Consultation, Heart and Stroke Foundation

(2) The Lieutenant Governor in Council shall consult with

the Heart and Stroke Foundation of Canada with respect to training and

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

Commencement

10. This Act comes into force on a day to be

named by proclamation of the Lieutenant Governor.

Short title

11. The

short title of this Act is the Defibrillator Access Act, 2010 .

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.

Date Bill stage Activity Committee

May 6, 2010

Ordered referred to Standing Committee

Standing Committee on Justice Policy

May 6, 2010

Second Reading

Carried

May 6, 2010

Second Reading

Debate

April 21, 2010

First Reading

Carried

Debates and Progress

First Reading

April 21, 2010

Committee

Second Reading

May 6, 2010

Mr. Ted McMeekin, Mr. Ernie Hardeman, Mr. Rosario Marchese, Ms. Helena Jaczek, Mr. Ted Arnott, Mr. Shafiq Qaadri, Hon. Linda Jeffrey, Mr. Frank Klees

May 6, 2010

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

Committee

Standing Committee on Justice Policy

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 41, 39-2
Type	bill
Volume / chapter	p39 s2 bill 41 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d0ea4905536e40ab923008ab15ca47ee887fcc0f

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