Mandatory Blood Testing Act (MBTA)
View our Public Health Alert – Changes to the Mandatory Blood Testing Act
What is the MBTA?
The MBTA allows someone who has come into contact with the bodily fluids of another person to make an application under the Act to determine the HIV, Hepatitis B, or Hepatitis C status of the other person.
Who can make an application under the Act?
A person can access the process if the contact with bodily fluids happened as a result of the following:
- Being a victim of a crime
- Providing emergency health care service or emergency first aid OR
- In the course of their duties for anyone in the following:
- Correctional institution employee
- Emergency services (Police, Fire, EMS) including civilian, auxiliary, volunteer members, and special constables who are not employees
- Members of the College of Physicians and Surgeons of Ontario
- Members of the College of Nurses of Ontario
- Medical or nursing students engaged in training
Overview of changes to MBTA as of July 1, 2023
Changes to timelines:
- Time from when Consent and Capacity Board (CCB) received an application to the CCB hearing is now 5 business days instead of 7 days.
- Timeframe for respondents to comply with CCB order is shortened from 7 to 2 business days.
- Time from exposure to application increased from 7 to 30 calendar days.
Enforcement changes:
- Removal of the mandatory 2-day voluntary process
- Immediate referral of an application to the CCB
- Increased maximum penalties, up to $10,000 per day from $5,000, along with the addition of up to 6 months imprisonment
- Express authority to the Superior Court to order police assistance in enforcing testing orders
Improvements for applicants and respondents:
- Additional options for identification requirements for people without photo ID
- Option to use electronic notifications instead of courier
- Unique file numbers for ease of tracking
- More inclusive language
New forms! All forms will be bilingual, electronic, and AODA compliant. Be sure to use the new forms starting July 1, 2023.