DUNLOP & RUNCIMAN ANNOUNCE
PROCLAMATION OF BILL 105
November 19, 2002
QUEEN'S PARK — Simcoe North MPP Garfield
Dunlop and Public Safety and Security Minister
Bob Runciman today announced that Bill 105, an
amendment to the Health Protection and Promotion
Act, comes into effect May 1, 2003.
The legislation was introduced by Dunlop as a
Private Member's Bill. It allows the local medical
officer of health to order a blood sample from
someone who accidentally or deliberately exposes
a front-line emergency service worker, victim
of crime or Good Samaritan to his or her bodily
fluids. The blood would be tested for diseases
on the Ministry of Health's communicable disease
list, including HIV, AIDS, Hepatitis C and Spinal
Meningitis.
"This legislation — the first of its
kind in Canada — passed Third Reading in
the Ontario legislature by a vote of 80-2,"
said Dunlop. "Members on both sides of the
House put aside partisanship to protect victims
of crime, Good Samaritans, and those who serve
us on the front lines every day."
"We need to do all we can to help protect
police, firefighters, other front-line emergency
workers and Good Samaritans," said Runciman.
"Our emergency service workers protect our
homes and save our lives every day. It's time
that we as a society protect those who protect
us. This legislation also further protects the
innocent victims of crime, as well as the thousands
of ordinary citizens who risk their lives to save
another's."
Bob Baltin, President of the Police Association
of Ontario, which represents more than 20,000
front-line police personnel said, "The officer
who is bitten, the sexual assault victim and the
Good Samaritan who helps an accident victim will
now have the right to know whether their health
has been put at risk. This legislation will help
to protect police personnel and all Ontarians."
Natalie Hiltz, a Peel Regional Police Service
officer, who was bitten while arresting a suspect
said, "My family and I had to live through
the uncertainty that I may have been infected
with a deadly disease. This legislation will help
to prevent others from going through the same
nightmare."
Bill 105 provides a statutory right to certain
applicants to ask a medical officer of health
for an Order to take a blood sample from the subject
of the Order, when he or she believes, on reasonable
and probable grounds, that:
·the applicant came into contact with
the bodily substance of another person as a victim
of crime, while providing emergency health care,
or while performing a function prescribed under
the regulations;
·as a result of that contact, the person
may have been infected with a virus that causes
a prescribed communicable disease; and
·an analysis of the applicant's blood
would not determine, in a timely way, whether
the applicant may be infected because of the long
incubation period for the prescribed communicable
diseases; and
·taking a blood sample will not endanger
the other person's life or health.
In July, Dunlop received the Police Association
of Ontario award for his work on two Private Member's
Bills, including Bill 105 and Bill 131 which provides
for the implementation of an ignition interlock
program for persons who violate drinking and driving
laws. Bill 131 was proclaimed on December 23,
2001.
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