Decision of Board
5 (1) Upon the conclusion of the hearing, the Board shall decide whether the respondent should be ordered to provide a blood sample for analysis and it may decide that the respondent should be so ordered only if the Board believes, on reasonable and probable grounds, that, (a)  the applicant came into contact with a bodily substance of the respondent in a circumstance described in section 2; (b)  the applicant may have become infected with a virus that causes a listed communicable disease as a result of coming into contact with the bodily substance; (c)  by reason of the lengthy incubation periods for the listed communicable diseases and the methods available for ascertaining the presence in the human body of the viruses that cause them, an analysis of the applicant’s blood would not accurately determine, in a timely manner, whether the applicant had become infected with a virus that causes the listed communicable disease as a result of coming into contact with the bodily substance; (d)  taking a blood sample from the respondent would not endanger his or her life or health; (e)  the applicant has submitted to the medical officer of health a physician report, made within 30 days after the applicant came into contact with the bodily substance of the respondent, that assesses the risk to the health of the applicant as a result of that contact; and (f)  having regard to the physician report required by clause (e), the taking and analysis of a blood sample from the respondent is necessary to decrease or eliminate the risk to the health of the applicant as a result of the applicant’s having come into contact with the bodily substance.  2006, c. 26, s. 5 (1); 2019, c. 1, Sched. 7, s. 4 (1). Order (2) If the Board decides that the respondent should be ordered to provide a blood sample for analysis, the Board shall, at the same time as it makes its decision, make an order, (a)  requiring the respondent to allow a physician or a person belonging to a prescribed class of persons to take a blood sample from the respondent within two business days after the order is provided to the respondent or the respondent’s counsel or agent; (b)  requiring the physician or other person to whom the respondent goes for the taking of a blood sample to take the blood sample and to deal with it in the manner specified in the regulations and the order, including to deliver it to an analyst; and (c)  requiring the analyst to whom the sample is delivered, (i)  to analyse the blood sample and report on the results of the analysis in accordance with the regulations and the requirements specified in the order, (ii)  to make reasonable attempts to deliver the report on the results of the analysis to the applicant’s physician, (iii)  to make reasonable attempts to deliver the report on the results of the analysis to the respondent’s physician, if requested by the respondent, (iv)  to make reasonable attempts to deliver to the applicant, (A)  a notice that the analyst delivered the report on the results of the analysis to the applicant’s physician or made reasonable attempts to do so, and (B)  a recommendation that the applicant consult his or her physician for a proper interpretation of the results of the analysis, and (v)  if the respondent requested that the report on the results of the analysis be delivered to his or her physician, to make reasonable attempts to deliver to the respondent, (A)  a notice that the analyst delivered the report on the results of the analysis to the respondent’s physician or made reasonable attempts to do so, and (B)  a recommendation that the respondent consult his or her physician for a proper interpretation of the results of the analysis.  2006, c. 26, s. 5 (2); 2019, c. 1, Sched. 7, s. 4 (2). Notice of decision, order (3) Subject to subsection (4), the Board shall, on the day it renders its decision, provide each party or the party’s counsel or agent and the medical officer of health who referred the application to the Board with a copy of the Board’s decision and of any order made by the Board. 2019, c. 1, Sched. 7, s. 4 (3). Extension (4) Subject to section 5.1, the Board may provide a party or a party’s counsel or agent with a copy of the Board’s decision and of any order made by the Board within a longer period than the period required by subsection (3) in the prescribed circumstances. 2019, c. 1, Sched. 7, s. 4 (3). Decision final (5) Despite section 80 of the Health Care Consent Act, 1996, the decision of the Board is final.  2006, c. 26, s. 5 (5). Section Amendments with date in force (d/m/y) 2019, c. 1, Sched. 7, s. 4 (1-3) - 01/07/2023