Where order is made
11. (1) An order made by the medical officer of health pursuant to section 22.1 of the Act shall include, (a) the medical officer of health’s reasons for decision; (b) a statement that under section 44 of the Act, the respondent is entitled to a hearing by the Health Services Appeal and Review Board if, no more than 15 days after receiving the order, the respondent mails or delivers notice in writing requiring a hearing to the medical officer of health who made the order and to the Health Services Appeal and Review Board; (c) a statement that under section 44 of the Act, the order takes effect when the respondent receives it but that the respondent may apply to the Health Services Appeal and Review Board for a stay of the order pending the outcome of a hearing before the Health Services Appeal and Review Board; (d) a statement that the respondent must have a blood sample taken in accordance with the order no more than seven days after receiving the order; and (e) the name of a person or a class of persons to take the blood sample from the respondent. O. Reg. 166/03, s. 11 (1). (2) Where the medical officer of health makes an order pursuant to section 22.1 of the Act, the medical officer of health shall send a notice stating that the order has been made and setting out the date of the order to the applicant by registered mail no more than two days after the order is made. O. Reg. 166/03, s. 11 (2). (3) An applicant shall be deemed to have received a notice sent by registered mail on the fifth day after the notice is mailed. O. Reg. 166/03, s. 11 (3). (4) Where the medical officer of health makes an order pursuant to section 22.1 of the Act, the medical officer of health shall make up to three attempts to personally deliver a copy of the order to the respondent within the first three days after the order is made. O. Reg. 166/03, s. 11 (4). (5) Where the medical officer of health attempts to personally deliver an order to a respondent but is unsuccessful, the medical officer of health shall, if practicable, leave information at the delivery address sufficient to permit the respondent to contact the medical officer of health respecting the order. O. Reg. 166/03, s. 11 (5). (6) The medical officer of health shall maintain a log of all attempts made to deliver an order to a respondent. O. Reg. 166/03, s. 11 (6). (7) Where the medical officer of health is unable to personally deliver an order to a respondent after making three attempts to do so, the order shall be considered non-deliverable. O. Reg. 166/03, s. 11 (7). (8) Where the medical officer of health makes an order pursuant to section 22.1 of the Act, the order takes effect, (a) as against the respondent, when the respondent receives the order; (b) as against the person named in the order to take the blood sample from the respondent, when the respondent presents him or herself to the person to have the blood sample taken; and (c) as against the Central Public Health Laboratory, when the blood sample taken from the respondent arrives at the Central Public Health Laboratory. O. Reg. 166/03, s. 11 (8). (9) Where the medical officer of health makes an order pursuant to section 22.1 of the Act, the respondent must have a blood sample taken in accordance with the order no more than seven days after the respondent receives the order. O. Reg. 166/03, s. 11 (9).