Only the following individuals are eligible to make an application under the MBTA:

• Victims of crime
• Persons who provided emergency healthcare services or emergency first aid
• Members of any of the identified groups (under Section 3 of O. Reg. 449/07):
  • Employees in a correctional institution (as defined in the Ministry of Correctional Services Act, 1990), place of open custody, or place of secure custody (as those terms are defined in the Child, Youth and Family Services Act, 2017).
  • Members of a police service and First Nations Officers, as those terms are defined in subsection 2(1) of the Community Safety and Policing Act, 2019.
  • Firefighters as defined in Subsection 1(1) of the Fire Protection and Prevention Act, 1997.
  • Paramedics and emergency medical attendants, as those terms are defined in the Ambulance Act.
  • Paramedic students engaged in field training
  • Members of the College of Physicians and Surgeons of Ontario
  • Medical students engaged in training
  • Members of the College of Nurses of Ontario
  • Nursing students engaged in training
  • Special constables appointed under section 92 of the Community Safety and Policing Act, 2019 who are not members of a police service.
• While being involved in a prescribed circumstance or while carrying out a prescribed activity.

• Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS)
• Hepatitis B Virus (HBV)
• Hepatitis C Virus (HCV)

An exposure requires both an injury (e.g., needle or other sharp object passing through the skin, a splash of blood or other body fluid onto a mucous membrane or non-intact skin, or a human bite that breaks the skin) and contact with blood or body fluid capable of transmitting HBV, HCV, and/or HIV.

Anyone who believes that they have been exposed to a communicable disease as a result of coming into contact with blood or bodily fluid of another person should initiate first aid and immediately seek medical attention to assess the risk of infection, have bloodwork ordered, decide whether to initiate prophylaxis, and/or other preventative measures (immunization or immune globulin).

For additional information about blood and bodily fluid exposures, see our Blood and Bodily Fluid Exposures page.

The applicant must submit a Ministry of Community Safety and Correctional Services Form 2 - Applicant Report and a Ministry of Community Safety and Correctional Services Form 1 - Physician Report/Nurse Practitioner to the Medical Officer of Health where the respondent resides. If you are initiating the Act, please call the Communicable Disease Control (CDC) program, who will provide further information.

An application must be received by the Medical Officer of Health, in the Health Unit where the respondent lives, no more than 30 calendar days after the occurrence. If the deadline falls on a Saturday, Sunday, or other holiday, the deadline is extended by one business day. The date of occurrence set out in the Physician/Nurse Practitioner Report is deemed to be the date of the incident, despite any other information in the application.

Please note that an application that is faxed or sent by electronic transmission to the office of the Medical Officer of Health is deemed to be received by that office on the day it is sent, if it is sent before 4:00 pm on a business day. If it is sent after 4:00 pm on a business day, or on a weekend or holiday, it is deemed to be received on the next business day.

The application will be screened to make sure it meets the requirements of the Act. If it does the Health Unit will then attempt to contact the respondent and request that they voluntarily provide a blood sample for testing and refer the application to the Consent and Capacity Board (CCB). 

If an exposed person or designate requests that the source person be tested for blood borne illnesses, a health care provider can order HIV Ag/Ab, Anti-HCV and HBsAG (unless the exposed person is known to be immune to hepatitis B) with the sources consent. If the source person provides consent for the health care provider to release results of their testing to the exposed person, the health care provider can then disclose results of this testing to the exposed person.

If the source refuses to be tested and have results of their testing disclosed to the exposed person, the exposed person, if eligible, can apply under the Mandatory Blood Testing Act within 30 days of their exposure.

Post exposure prophylaxis should not be delayed due to the processing of an application. Contact a health care provide to assess the risk of infection if you have come into contact with blood or bodily fluids.

Ontario Ministry of Health:

• Mandatory blood testing

Ontario e-Laws:

• Mandatory Blood Testing Act