Health Bulletins

Minister's Regulation (O. Reg. 437/15) Establishing Fee for Approval of Installation Plans for X-ray Machines

December 2015

The Minister of Health and Long-Term Care has made a regulation (O. Reg. 437/15) under the Healing Arts Radiation Protection Act, 1990 (HARP Act) to establish a fee for the approval of installation plans for X-ray machines.

Regulation

The Healing Arts Radiation Protection Act, 1990 (HARP Act) requires individuals to obtain the approval of Ontario's Director of X-ray Safety to install X-ray machines, including Computerized Tomography machines (CTs), that will be used on human beings for diagnostic or therapeutic purposes.

Under an existing authority in the HARP Act, the Minister of Health and Long-Term Care has made a regulation to establish a fee that applicants seeking the Director's approval must pay in order to cover the costs of the process for reviewing and approving the application.

The fee is determined on a cost-recovery basis. The average current cost incurred by the ministry is $360 per application. The fee will come into effect on January 1, 2016. The fee will be provided as part of the application, but will not be processed until the application satisfies the compliance criteria for approval.

Public hospitals and educational institutions (including universities, colleges of applied arts and technology, and private career colleges) will be exempt from the fee.

The proposed fee:

Background

The approval process includes an evaluation of the schematic plan for the installation and of any supporting documents in order to ensure compliance with the requirements of Regulation 543 (the X-ray Safety Code).

A third-party vendor hired by the ministry, who is a member in good standing with the Professional Engineers of Ontario, evaluates applications in consultation with a medical physicist, and makes expert approval recommendations to the Director.

Subsection 3 (1) of the HARP Act requires the Director of X-Ray Safety's approval to install an X-ray machine. Clause 3 (2) (c) of the HARP Act requires that the fee established by the Minister be paid as part of the process to obtain approval to install and operate the machine.

Consultation with Stakeholders

A summary of the proposed regulation was posted from August 13, 2015 through September 28, 2015 on the Government's Regulatory Registry website in order to obtain feedback from stakeholders.

All comments received from individuals and organizations were taken into account in the development of the final content of the regulation.

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