Safeguarding Health Care Integrity Act, 2014 Hoskins, Hon. Eric Minister of Health and Long-Term Care — Bill 21 (41st Parliament, 1st Session)

Bill 21, 41-1

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Bill 21, Safeguarding Health Care Integrity Act, 2014

Hoskins, Hon. Eric Minister of Health and Long-Term Care

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As Amended by Standing Committee

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[41] Bill 21 Royal Assent (PDF)

Bill 21 2014

Act to safeguard health care integrity by enacting the Voluntary Blood

Donations Act, 2014 and by amending certain statutes with respect to the

regulation of pharmacies and other matters concerning regulated health

professions

Her

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

Province of Ontario, enacts as follows:

Contents

of this Act

1. This Act consists of this section, sections 2 and 3

and the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and (3),

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

Same

(2) The Schedules to this Act come into

force as provided in each Schedule.

Same

(3) If a

Schedule to this Act provides that

any provisions are to come into force on a day to be named by proclamation of

the Lieutenant Governor, a proclamation may apply to one or more of those

provisions, and proclamations may be issued at different times with respect to

any of those provisions.

Short

title

3. The

short title of this Act is the Safeguarding Health Care Integrity Act, 2014 .

Schedule 1

Voluntary Blood Donations Act, 2014

Purpose

1. The

purpose of this Act is to provide for recognition of the following principles:

1. Within

Ontario's health care system, blood donations are viewed as a public

resource‎.

‎ 2. Blood

donors should not be paid, except in exceptional circumstances.

3. ‎The

integrity of the public, voluntary blood donor system in Ontario must be

protected.

Definitions

2. In

this Act,

"blood"

means human blood, and includes whole blood and blood constituents; (" sang ")

"blood collection facility" means a place where blood is

taken or collected from the human body; (" établissement de

collecte de sang ")

"compliance order" means an order made under

section 5;

(" arrêté

de conformité ")

"inspector" means an inspector appointed under

section 4;

(" inspecteur ")

"Minister" means the Minister of Health and Long-Term

Care, or, if another Minister has been assigned responsibility for this Act

under the Executive Council Act , that Minister; (" ministre ")

"offer to provide", without restricting the ordinary

meaning of the expression, includes to offer by means of advertising in any

media; (" offrir

de fournir ")

"payment" means, subject to the regulations, remuneration,

compensation or consideration of any value and of any kind, and includes

reimbursement for time, travel, commitment or expenditures of any kind; (" paiement ")

"personal information" includes personal information as

defined in the Freedom of Information and Protection of

Privacy Act and personal health information as defined in the Personal Health Information Protection Act, 2004 ; (" renseignements

personnels ")

"record" includes a record that contains personal information;

(" dossier ")

"regulations" means regulations made under this Act; (" règlements ")

"restraining order" means an order made under

section 6. ("ordonnance

de ne pas faire")

Payment for blood prohibited

(1) No

person shall,

(

a) provide payment to any individual

in return for the giving of blood by that individual, either directly or

indirectly; or

(

b) offer to provide payment to any

individual in return for the giving of blood by that individual, either

directly or indirectly.

Same, donor

(2) No individual shall accept any payment

in return for the giving of his or her blood, either directly or indirectly.

Exemption, Canadian Blood Services

(3) Canadian Blood Services and the

individuals who give blood to Canadian Blood Services are exempt from

subsections (1) and (2).

Non-application, blood for research

(4) Subsections (1) and (2) do not apply

with respect to blood that is given solely for the purpose of research.

Clarification

(5) For greater clarity, in applying

subsection (4), blood is not given "solely for the purpose of research" if it

is used or intended to be used, directly or indirectly, in whole or in part,

for the manufacture of pharmaceuticals derived from blood.

Inspectors

(1) The

Minister may appoint inspectors for the purposes of this Act.

Inspection

(2) For the purpose of determining whether

this Act is being complied with, an inspector may, without a warrant, enter and

inspect,

(

a) a blood collection facility;

(

b) any business premises of a

company that owns, operates, franchises or licenses one or more blood collection

facilities; and

(

c) any place that the inspector

reasonably believes is being used as a blood collection facility.

Time of entry

(3) The power under this

section to enter

and inspect without a warrant may be exercised only during the regular business

hours of the blood collection facility, business premises or place.

Dwellings

(4) The power to enter and inspect under

this

section shall not be exercised to enter and inspect a place or a part of a

place that is used as a dwelling.

Use

of force

(5) An inspector is not entitled to use

force to enter and inspect a blood collection facility, business premises or

place.

Identification

(6) An inspector conducting an inspection

shall produce, on request, evidence of his or her appointment.

Powers

of inspector

(7) An inspector conducting an inspection

may,

(

a) examine

records or anything else that is relevant to the inspection;

(

b) demand

the production of a record or any other thing that is relevant to the

inspection;

(

c) remove

a record or any other thing that is relevant to the inspection for review,

examination or testing;

(

d) remove

a record or any other thing that is relevant to the inspection for copying;

(

e) in

order to produce a record in readable form, use data storage, information processing

or retrieval devices or systems that are normally used in carrying on business

in the place;

(

f) take

photographs or make any other kind of recording; and

(

g) question

a person on matters relevant to the inspection.

Written

demand

(8) A demand under this

section that a

record or any other thing be produced must be in writing and must include a

statement of the nature of the record or thing required.

Obligation

to produce and assist

(9) If an inspector demands that a record

or any other thing be produced under this section, the person who has custody

of the record or thing shall produce it and, in the case of a record, shall on

request provide any assistance that is reasonably necessary to interpret the

record or to produce it in a readable form.

Records

and things removed from place

(10) A record or other thing that has been

removed for review, examination, testing or copying,

(

a) shall

be made available to the person from whom it was removed on request and at a

time and place that are convenient for the person and for the inspector; and

(

b) shall

be returned to the person within a reasonable time, unless, in the case of a

thing that has been subject to testing, the thing has been made unsuitable for

return as a result of the testing.

Copy

admissible in evidence

(11) A copy of a record 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.

Obstruction

(12) No person shall hinder, obstruct or

interfere with or attempt to hinder, obstruct or interfere with an inspector

conducting an inspection, refuse to answer questions on matters relevant to the

inspection or provide the inspector with false information on matters relevant

to the inspection.

Compliance

orders

(1) Where

the Minister believes, on reasonable grounds, that a person who owns or

operates a blood collection facility is not complying with the prohibition

under subsection 3 (1), the Minister may make an order requiring the person to

correct the non-compliance.

Evidence

of compliance

(2) A person to whom a compliance order is

directed may, within 14 days of service being effected, provide the Minister

with evidence that the person is, in fact, in compliance with the prohibition.

Reconsideration

(3) Where a person has provided evidence

under subsection (2), the Minister shall consider the evidence, and may either

affirm the compliance order or rescind it in consequence, and have the person

served with the affirmed order or notice of the rescission.

Compliance

(4) A person to whom a compliance order, or

an affirmed compliance order, as the case may be, is directed shall comply with

it according to its terms.

Service

(5) A document under this

section is

sufficiently served if it is served on the owner or operator of the blood

collection facility or a person employed or apparently employed at the

facility.

Proof

of service

(6) A certificate of service made by the

person who served a document under this

section is evidence of the service of

the document on the person served and its receipt by that person if, in the

certificate, the person who served the document,

(

a) certifies

that the copy of the document is a true copy of it;

(

b) certifies

that the document was served on the person; and

(

c) sets

out in it the method of service used.

Copy

of order

(7) In a prosecution for failing to comply

with a compliance order, a copy of the order that purports to have been signed

by the Minister is evidence of the order without proof of the signature.

Non-application of SPPA

(8) The Statutory

Powers Procedure Act does not apply with respect to compliance

orders.

Restraining orders

(1) If

it appears to the Minister that a person is not complying with this Act or the

regulations or a compliance order, the Minister may apply to the Superior Court

of Justice for an order directing the person to comply, and, upon the

application, the court may make the order that the court thinks fit.

Same

(2) Subsection (1) applies in addition to

the power to issue compliance orders, and may be exercised whether or not such

an order has been issued.

Must comply

(3) A person to whom a restraining order is

directed shall comply with it according to its terms.

Appeal

(4) An appeal lies to the Divisional Court

from a restraining order.

Personal information

(1) The

Minister and an inspector may directly or indirectly collect personal

information, subject to any requirements or conditions provided for in the regulations,

for purposes related to the enforcement of this Act.

Use of personal information

(2) The Minister and an inspector may use

personal information, subject to any requirements or conditions provided for in

the regulations, for purposes related to the enforcement of this Act.

Disclosure of personal information

(3) The Minister and an inspector may

disclose personal information, subject to any requirements or conditions

provided for in the regulations, for purposes related to the enforcement of this

Act.

Offences

(1) Every

person who contravenes a provision of this Act is guilty of an offence and on

conviction is liable,

(

a) in the case of an individual,

(

i) for a

first offence, to a fine not exceeding $10,000 for each day or part of a day on

which the offence occurs or continues, and

(ii) for a

second or subsequent offence, to a fine not exceeding $50,000 for each day or

part of a day on which the offence occurs or continues; and

(

b) in

the case of a corporation,

(

i) for

a first offence, to a fine not exceeding $100,000 for each day or part of a day

on which the offence occurs or continues, and

(ii) for

a second or subsequent offence, to a fine not exceeding $500,000 for each day

Document details

Collection	Ontario — Bills
Citation	Bill 21, 41-1
Type	bill
Volume / chapter	p41 s1 bill 21 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	f1d553bf68a6b37c6bc46c18954a84b0930629a5

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