Regulation - Minister

Proposed Regulatory Amendments under the Mandatory Blood Testing Act (MBTA) and the Laboratory and Specimen Collection Centre Licensing Act (LSCCLA)

Regulation Number(s):
O. Reg. 449/07 (General) under the Mandatory Blood Testing Act, Regulation – Minister
O. Regs 682, 693 under the Laboratory and Specimen Collection Centre Licensing Act, Regulation- LGIC
Instrument Type:
Regulation - Minister
Bill or Act:
Act
Summary of Proposal:
Legislative amendments to the MBTA were introduced in 2019 as part of Bill 68, Comprehensive Ontario Police Services Act, 2019 but are not yet in force. Once proclaimed into force, these changes will modernize mandatory blood testing processes by improving timelines, enforcement, provincial oversight, and service delivery. The Ministry of Health (the Ministry) intends to proclaim these changes into force effective July 1, 2022.

To support these legislative amendments, the Ministry is proposing amendments to Ontario Regulation 449 07 (General) under the Mandatory Blood Testing Act, 2006 (the MBTA). The Ministry also reviewed the regulation to identify opportunities to streamline the process and reduce existing timelines, consistent with the shorter timelines identified in the legislative amendments. The proposed regulatory amendments would directly impact the police officers, firefighters, correctional service staff and others named in the MBTA who want to get faster access to information about the listed communicable diseases in the MBTA. The Ministry is also proposing complementary regulatory amendments under the Laboratory and Specimen Collection Centre Licensing Act (LSCCLA) to support the proposed regulatory amendments to the MBTA.

Your feedback is sought on:

- The proposed legislative and regulatory amendments under the MBTA to improve process timelines (Legislative amendments), to strengthen enforcement (Legislative amendments), and to enhance service delivery and applicant experience (Regulatory amendments).

- The proposed complementary regulatory amendments under the LSCCLA to permit a laboratory to test blood based on a request or order issued under the MBTA, and to permit a specimen collection centre (SCC) to collect a blood sample based on a request or order issued under the MBTA.

These changes are described in the attached - RR Posting for the Proposed Regulatory Amendments under the MBTA and LSCCLA.

The Ministry is also working towards making operational changes to improve provincial oversight (e.g., updating MBTA documents on the internet to improve web presence, updating guidelines and protocols to ensure consistency, establishing a data collection system to improve program surveillance and reporting). Operational documents that support the proposed changes will be updated by the ministry to support implementation (e.g., general information on the website and relevant forms).

The legislative amendments to the MBTA and these proposed regulatory changes would come into effect on July 1, 2022.

For more detail, please see the attached current version of the regulation, and link to the MBTA for legislative amendments.




Analysis of Regulatory Impact:
These consequential regulatory amendments are being proposed to support the proclamation of legislative amendments to the MBTA into force. Affected stakeholders (i.e., first responders and front-line staff) have expressed an interest in seeing the MBTA proclaimed.

The proposed regulatory amendments would update the MBTA regulation to address legislative and regulatory gaps, improve process timelines, strengthen enforcement, streamline the process, enhance service delivery, improve applicant experience, and respond to stakeholder concerns.

These proposed regulations do not affect business, and there are no new administrative costs or compliance costs associated with this proposal.

Please submit comments on any of the proposed changes by using the comment function below.

MOH welcomes your comments and feedback.
Further Information:
Proposal Number:
22-HLTC001
Posting Date:
January 17, 2022
Comments Due Date:
March 3, 2022
Contact Address:
Strategic Policy, Planning and French Language Services
Ministry of Health
438 University Avenue, 10th Floor
Toronto, Ontario
M5G 2K8