Mandatory Blood Testing Act Information for Applicants

What is the Mandatory Blood Testing Act?

The Mandatory Blood Testing Act (2006) allows eligible people who have been exposed to another person's blood or bodily fluids to request testing of the person they were exposed to. They can submit an application to the Medical Officer of Health for Public Health to have the other person's blood tested for:

Hepatitis B
Hepatitis C
HIV

If you think you have had an exposure to blood or body fluids, seek prompt medical attention so that a health care provider can assess the risk of infection and discuss care and treatment options.

Who can apply?

You may be eligible if the exposure happened while you were:

A victim of a crime
Providing emergency health care or first aid
Doing your job in one of these roles:
- Correctional institution employee
- Police officer, including civilian police employees
- First Nations constable
- Auxiliary police member
- Special constable
- Firefighter, including volunteers firefighter
- Paramedic or emergency medical attendant, including students in training
- Member of the College of Physicians and Surgeons of Ontario
- Member of the College of Nurses of Ontario
- Medical or nursing student in training

How to apply

You must submit your application within 30 days of the exposure.

Your application must include both of the following, full completed documents:

Submit both forms to the public health unit where the person whose blood you are requesting to be tested lives. A list of public health units can be found here.

MBTA applications are not processed on weekends or statutory holidays.

What happens after you apply

Public Health will review your applications to make sure it meets the requirements of the Act. If information is missing or you are not eligible to apply, we will contact you.

If your application meets the requirements, it will be immediately sent to the Consent and Capacity Board (CCB).

Public Health will make every effort to support voluntary testing by making regular attempts to reach the person being asked to give a blood sample. These attempts start once your application has been sent to the CCB and continue up to and including the day of the CCB hearing.

If the person agrees to provide a blood sample:

Public Health will notify the CCB
Your health care provider will receive the test results
- If you do not have a health care provider, Public Health will make other arrangements for you to receive the results

If the person does not agree to provide a sample of cannot be located, the CCB will hold a hearing within five business days and decide whether to issue a mandatory testing order.

Public Health's role

The Ministry of health oversees the Mandatory Blood Testing Act. Local Public Health units support parts of the application and voluntary testing process, as described above.

Public Health does not decide whether mandatory testing will be ordered. That decision is made by the Consent and Capacity Board.

If the CCB issues a mandatory testing order, Public Health is no longer involved in the process. Further follow-up is coordinated by the CCB.

If a CCB mandatory testing order is unsuccessful, you may seek legal advice and apply to the Superior Court of Justice for an additional order. Public Health is not involved in this process.

What communication can I expect from Public Health during the process?

Public Health will contact you:

To confirm that your application was received and sent to the Consent and Capacity Board
If your application is incomplete or you are not eligible to apply
If the person being asked to provide a blood sample agrees to testing
When Public Health's involvement in the process has ended

Testing results are sent directly to your health care provider. Contact your provider to receive your results.

If you do not have a health care provider, Public Health will make other arrangements for you to receive results.

Public Health can only access and report blood testing results when an MBTA application is submitted and when the person agrees to provide a blood sample.