Mandatory Blood Testing

The Mandatory Blood Testing Act, 2006 (MTBA) provides a way for certain individuals who have had contact with the blood or body fluids of another person to determine if they are at risk of having been exposed to hepatitis B, hepatitis C or HIV.

If you think you have been accidentally exposed to one of those diseases, you should immediately contact a medical professional who can help assess the risk of infection and decide whether to start treatment or preventive measures.

Application

An application can be made when members of the following groups believe they have been exposed to an individual’s blood or body fluids and are at risk for HIV, hepatitis B and hepatitis C:

  • Victim of a crime 
  • Provider of emergency health care or emergency first aid 
  • Police officer or other employee of police or correctional services 
  • Firefighter or paramedic (including students) 
  • Emergency medical attendant 
  • Member of the College of Physicians and Surgeons of Ontario (including students) 
  • Member of the College of Nurses of Ontario (including students)

The application process directs the Medical Officer of Health to request an individual (the respondent) to voluntarily submit to a blood test for hepatitis B, hepatitis C, or HIV. According to the Act, applications must be submitted no more than 30 calendar days after the exposure.

Submit your application 

Forms and guides to complete your application are available on the Ontario Government’s Central Forms Repository, including:  

Fax the applicant and physician report forms to our secure Reportable Diseases fax line: 1-855-WDG-LINE (1-855-934-5463).

After you submit your application

The Medical Officer of Health will:

  • Screen your application to make sure it meets the requirements of the Act
  • Refer the application to the Consent and Capacity Board
  • Attempt to contact the respondent to inform them of the application and request a voluntary blood sample for testing or evidence of seropositivity

Consent and Capacity Board

If the respondent does not voluntarily provide a blood sample, the Consent and Capacity Board will hold a hearing to decide whether to issue a mandatory order. The Board must begin and complete a hearing and make its decision within five business days of receiving an application from a local Medical Officer of Health.  The Board will provide a copy of the Board’s decision and any order made by the Board to the respondent, the applicant, and the Medical Officer of Health. The respondent has two business days from the date the order is made to comply.

If the respondent does not comply to an order made by the Board:

  • They may be fined up to $10,000 per day thereafter or imprisoned for up to six months, or both.
  • The applicant may apply to a judge of the Superior Court of Justice to obtain an order for compliance for mandatory blood testing. 

If you have further questions about the MBTA, please call 1-800-265-7293 ext. 4752 to speak to a public health nurse.

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