Why has the mandatory blood sampling process under section 22.1 (formerly "Bill 105") under the Health Protection and Promotion Act (HPPA) been replaced with the Mandatory Blood Testing Act, 2006 (MBTA)?

The MBTA was introduced in November 2005 in order to address stakeholder concerns with the existing process under the HPPA and to achieve faster resolution of applications. The MBTA received Royal Assent in December 2006.

When section 15 of the MBTA was proclaimed into force on August 10, 2007, the current HPPA provisions relating to mandatory blood sampling were repealed.

How can I make an application under the new Mandatory Blood Testing Act, 2006?

If you are making an application after August 10, 2007, information can be obtained online from Ministry of Community Safety and Correctional Services (MCSCS) at www.ontario.ca/bloodtesting,.

What happens to an application that was made under the existing provisions of the Health Protection and Promotion Act when the new Mandatory Blood Testing Act, 2006 comes into force?

Any order that was made by a medical officer of health under section 22.1 of the Health Protection and Promotion Act before section 13 of the Mandatory Blood Testing Act, 2006 came into force remains effective after the Act came into force.

If the medical officer of health commenced a hearing under section 22.1 of the Health Protection and Promotion Act before section 13 of the Mandatory Blood Testing Act, 2006 came into force, the application shall be dealt with according to section 22.1 of the Health Protection and Promotion Act.

If an application was made to a medical officer of health under section 22.1 of the Health Protection and Promotion Act, but a hearing has not commenced or an order has not yet been made by the time section 13 of the Mandatory Blood Testing Act, 2006 came into force, the application will be deemed to have been made to a medical officer of health under section 2 of the Mandatory Blood Testing Act, 2006.

For information on the application process under section 22.1 of the HPPA (formerly "Bill 105") you may wish to obtain the following Qs and As : "The Application Process Under Section 22.1 of the Health Protection and Promotion Act – Only Applicable to Applications Made Prior to August 10, 2007.

If the medical officer of health determined the application before section 13 of the Mandatory Blood Testing Act, 2006 came into force and the determination by the medical officer of health was a dismissal or refusal, the applicant can file an appeal pursuant to section 22.1 of the HPPA providing the appeal is made within the specified time frames for making such an appeal. Appeal forms may be obtained through the Ministry of Health and Long-Term Care website.

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