Regulation - Minister
Categories of testing, Standards, Accreditation Bodies and Standardized Laboratory Reports under the Forensic Laboratories Act, 2018.
Regulation Number(s):
REG2019.0580.e 11-EC
Instrument Type:
Regulation - Minister
Bill or Act:
Act
Summary of Proposal:
The Forensic Laboratories Act, 2018 was passed to improve oversight of Ontario's forensic testing system. The Ministry of the Solicitor General (SolGen) is proposing one Lieutenant Governor in Council (LGIC) regulation and one Minister's regulation to implement the Forensic Laboratories Act, 2018. These regulations were developed through consultation with experts in a variety of different fields.
Once proclaimed into force, the Forensic Laboratories Act, 2018 and its supporting LGIC regulation and Minister's regulation will provide a legislative framework to strengthen accountability of forensic laboratories.
At this time, SolGen is requesting public and stakeholder input on a proposed new regulation related to:
• Categories of tests that will be covered by the Act (toxicology, biology and drug analysis);
• Standards to which laboratories must be accredited (ISO 17025; and ILAC G:19 modules in forensic science process for forensic laboratories and ILAC G:19 modules in forensic science for medical laboratories);
• Accreditation bodies; and
• Information laboratories must include in test results.
The Minister's regulation will establish a system where laboratories that conduct a prescribed category of test must obtain mandatory accreditation and report their findings as prescribed. This will enhance the system of forensic oversight in the province of Ontario.
For more detail, please see the attached draft regulation.
SolGen welcomes your comments and feedback.
Once proclaimed into force, the Forensic Laboratories Act, 2018 and its supporting LGIC regulation and Minister's regulation will provide a legislative framework to strengthen accountability of forensic laboratories.
At this time, SolGen is requesting public and stakeholder input on a proposed new regulation related to:
• Categories of tests that will be covered by the Act (toxicology, biology and drug analysis);
• Standards to which laboratories must be accredited (ISO 17025; and ILAC G:19 modules in forensic science process for forensic laboratories and ILAC G:19 modules in forensic science for medical laboratories);
• Accreditation bodies; and
• Information laboratories must include in test results.
The Minister's regulation will establish a system where laboratories that conduct a prescribed category of test must obtain mandatory accreditation and report their findings as prescribed. This will enhance the system of forensic oversight in the province of Ontario.
For more detail, please see the attached draft regulation.
SolGen welcomes your comments and feedback.
Analysis of Regulatory Impact:
The Forensic Laboratories Act, 2018 and supporting regulations will impact service providers in the following sectors:
• Forensic Laboratories (e.g. unaccredited forensic laboratories and medical laboratories who perform forensic tests);
• Child Protection Sector (e.g., children's aid societies, including Indigenous societies);
• Accreditation bodies;
• Legal services;
• Law associations;
• Social workers;
• Youth Justice Services; and,
• Child and Youth Mental Health Lead Agencies.
No net new direct compliance costs are anticipated for the provision related to mandatory accreditation of forensic laboratories. Costs are associated with the requirement for unaccredited laboratories to become accredited. Through engagement the ministry understands that many labs in the province already meet this standard and there should be no to minimal new costs for most labs. Costs associated with becoming accredited are set by the accrediting bodies.
• Forensic Laboratories (e.g. unaccredited forensic laboratories and medical laboratories who perform forensic tests);
• Child Protection Sector (e.g., children's aid societies, including Indigenous societies);
• Accreditation bodies;
• Legal services;
• Law associations;
• Social workers;
• Youth Justice Services; and,
• Child and Youth Mental Health Lead Agencies.
No net new direct compliance costs are anticipated for the provision related to mandatory accreditation of forensic laboratories. Costs are associated with the requirement for unaccredited laboratories to become accredited. Through engagement the ministry understands that many labs in the province already meet this standard and there should be no to minimal new costs for most labs. Costs associated with becoming accredited are set by the accrediting bodies.
Further Information:
FLA Regulation (TESTS, ACCREDITING BODIES, STANDARDS AND INFORMATION) - CONSULTATION DRAFT
(Download Adobe Reader)
Forensic Laboratories Act, 2018, S.O. 2018, c. 3, Sched. 8
Proposal Number:
21-SOLGEN024
Posting Date:
November 29, 2021
Comments Due Date:
January 13, 2022
Contact Address:
Ministry of the Solicitor General
Strategic Policy, Research and Innovation Division
25 Grosvenor Street
Toronto, ON M7A 1Y6
Strategic Policy, Research and Innovation Division
25 Grosvenor Street
Toronto, ON M7A 1Y6