Healing Arts Radiation Protection Act



Revised Statutes of Ontario, 1990
Chapter H.2

as amended by:

1992, Chapter 32, s.14; 1997, Chapter 9, s.4; 1997, Chapter 15, s. 4; Chapter 18, Sched. G. s.51

and the following Regulations (as amended);

Hospitals and Health Facilities Prescribed for the Installation and Operation of Computerized Axial Tomography Scanners (R.R.O. 1990, Reg. 542)

X-Ray Safety Code (R.R.O. 1990, Reg. 543)

August 13, 1999

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    CHAPTER H.2

    Healing Arts Radiation Protection Act

  • 1.
    • (1) In this Act,
      "Appeal Board" means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998;

      "Commission" means the Healing Arts Radiation Protection Commission established under section 15;

      "Director" means the Director of X-Ray Safety appointed under section 19;

      "Inspector" means an inspector appointed under section 20;

      "Minister" means the Minister of Health;

      "owner", when used with reference to an X-Ray machine means the owner or other person who has the management and control of the X-Ray machine.

      "Regulations" means the regulations made under this Act;

      "X-ray Equipment" includes X-Ray imaging systems, processing equipment and equipment directly related to the production of images for diagnosis or directly related to irradiation with X-Rays for therapy;

      "X-Ray machine" means an electrically powered device the purpose and function of which is the production of X-Rays for the irradiation of a human being for a therapeutic or diagnostic purpose;

      "X-Rays" means artificially produced electromagnetic radiation with peak energy greater than five kilovolts. R.S.O. 1990, c. H.2, s. 1(1); 1998, c. 18, Sched. G, s. 51 (1).

    • (2) In this Act, a reference to the installation of an X-Ray machine includes a reference to the chielding of the area in which the X-Ray machine in installed. Rl.S.O. 1990, C. H.2, s. 1(2).

  • 2. The Minister is responsible for the administration of this Act R.S.O. 1990, c. H.2 s. 2.

  • 3.
    • (1) No person shall install an X-Ray machine unless the Director has issued written approval for the installation. R.S.O. 1990, c. H.2, s. 3 (1)

    • (2) Subject to subsection 3), any person who applies in accordance with this Act and the regulations for written approval for the installation of an X-Ray machine and,
      • (a) submits to the Director the plans, specifications and information prescribed by the regulations;
      • (b) who meets the requirements of this Act and regulations; and
      • (c) pays the prescribed fee,
      is entitled to be issued the written approval. R.S.O. 1990, c. H.2, s.3 (2); 1997, c. 15, s.4 (1).

    • (3) The Director may refuse to approve a proposed installation of an X-Ray machine where;
      • (a) the proposed installation will not comply with this Act or the regulations;
      • (b) the application therefore is incomplete;
      • (c) the plans, specifications and information required by this Act and the regulations in respect of the installation of the X-Ray machine have not been submitted to the Director or are incomplete; or
      • (d) any fees due are unpaid.
    • (4) Where the Director has issued written approval for the installation of an X-ray machine, no person shall install the X-ray machine other than in accordance with the plans, specifications and information on the basis of which the director issued the written approval.
    • (5) Subject to section 10, the Director may revoke an approval where it was issued on mistaken or false information.
    • (6) Where the Director has issued written approval for the installation of an X-ray machine and the X-ray machine has been installed in accordance with the plans,specifications and other information on the basis of which the Director issued the approval, no person shall change the installation without the written approval of the Director for the change.
    • (7) Subsections (1) to (5) apply with necessary modifications in respect of a change in an installation of an X-ray machine and, for the purpose, changing an installation of an X-Ray machine shall be deemed to be installing an X-Ray machine. R.S.O. 1990, c. H.2. s. 3(3-7).

  • 4.
    • (1) The owner of an X-ray machine shall not operate the X-ray machine or cause or permit the X-ray machine to be operated for the irradiation of a human being unless the X-ray machine, the location of the X-ray machine and the name and business address of the owner of the X-ray machine are registered with the Director. R.S.O. 1990. c. H.2, s.4(1).
    • (2) Upon the application of the owner of an X-ray machine and upon payment of the fee prescribed by the Minister, the Director shall register the X-ray machine, its location and the name and business address of the owner thereof. R.S.O. 1990, c.H.2, s. 4(2); 1997, c. 15, s. 4(2).
    • (3) An owner of an X-ray machine registered with the Director who changes his, her or its business address shall give written notice of the change to the Director within fifteen days of the occurrence of the change.
    • (4) An owner of an X-ray machine who is registered with the Ministry of Health immediately before the coming into force of this Act shall be deemed to have registered with the Director under subsection (1).
    • (5) The Director may require a person mentioned in subsection (4) to file with the Director plans, specifications and information in respect of the X-ray machine and its installation and every such person shall file the plans, specifications and information when so required. R.S.O. 1990 c. H.2., s. 4. (3-5)

  • 5.
    • (1) No person shall operate an X-ray machine for the irradiation of a human being unless the person meets the qualifications and requirements prescribed by the regulations. R.S.O. 1990, c. H.2, s. 5 (1).
    • (2) The following persons shall be deemed to meet the qualifications prescribed by the regulations;
      • 1. A legally qualified medical practitioner.
      • 2. A member of the Royal College of Dental Surgeons of Ontario.
      • 3. A member of the College of Chiropodists of Ontario who as been continuously registered as a chiropodist under the Chiropody Act and the Chiropoldy Act, 1991, since before November 1, 1980 or who is a graduate of a four-year course of instruction in chiropody.
      • 4. A member of the College of Chiropractors of Ontario.
      • 5. ---------------Deleted
      • 6. A person registered as an osteopath under the Drugless Practitioners Act.
      • 7. Previous Act: A radiological technician registered under the Radiological Technicians Act.
        Current Act: A member of the College of Medical Radiation Technologists of Ontario.
      • 8. A member of the College of Dental Hygienists of Ontario. R.S.O. 1990, c. H.2., s. 5 (2); 1998, c, 18, Sched. G, S. 51 (2,3).

    Previous Act:
  • 6. No person shall operate an X-ray machine for the irradiation of a human being unless the irradiation has been prescribed by;
    • (a) a legally qualified medical practitioner;
    • (b) a member of the Royal College of Dental Surgeons of Ontario;
    • (c) a person registered as a chiropodist under the Chiropody Act on the 1st day of November, 1980;
    • (d) a person registered as a chiropodist under the Chiropody Act after the 1st day of November, 1980, who is a graduate of a four-year course of instruction in chiropody;
    • (e) a person registered as a chiropractor under the Drugless Practitioners Act; or
    • (f) a person registered as an osteopath under the Drugless Practitioners Act. R.S.O. 1990, c. H.2, s. 6.


    Current Act:
  • 6.
    • (1) No person shall operate an X-Ray machine for the irradiation of a human being unless the irradiation has been prescribed by,
      • (a) a legally qualified medical practitioner;
      • (b) a member of the Royal College of Dental Surgeons of Ontario;
      • (c) a member of the College of Chiropodists of Ontario who has been continuously registered as a chiropodist under the Chiropody Act and the Chiropody Act, 1991 since before November 1, 1980 or who is a graduate of a four-year course of instruction in chiropody;
      • (d) a member of the College of Chiropractors of Ontario; or
      • (e) --------deleted
      • (f) a person registered as an osteopath under the Drugless Practitioners Act. R.S.O. 1990, c. H.2, s. 6; 1998, c.18, Sched. G, S. 51 (4).
    • (2) Despite subsection (1), a person may operate an X-Ray machine for the irradiation of the chest, the ribs, the arm, the wrist, the hand, the leg, and ankle or the foot of a juman being if the irradiation is prescribed by a member of the College of Nurses of Ontario who holds an extended certificate of registration under the Nursing Act, 1991.
    • (3) Despite subsection (1), a person may operate an X-Ray machine for the purpose of performing a mammography that has been prescribed by a member of the College of Nurses of Ontario who holds an extended certificate of registration under the Nursing Act, 1991, 1997, c. 9, s.4.

    Regulatory Interpretation: December, 2004: on the subject of Medical Directives:

    Medical Directives, as defined by the College of Physicians and Surgeons, may serve as the basis for Nurses of the General Class to issue x-ray prescriptions for limited views. As set out by CMRTO, the CPSO and XRIS, Medical Directives issued by Physicians serve as the legal order or prescription. The requisition for X-rays issued by RNs of the General and Extended Class under the Medical Directive fulfil an intermediary step in completion of that order. This interpretation is subject to change without notice.


  • 7. No person shall cause or permit any other person to operate an X-ray machine for the irradiation of a human being unless the other person meets the qualifications and requirements prescribed by the regulations. R.S.O. 1990, c. H.2, s. 7.

  • 8. No person shall operate an X-ray machine for the irradiation of a human being unless the X-ray machine meets the standards prescribed by the regulations. R.S.O. 1990, c. H.2, s. 8.

  • 9.
    • (1) The owner of an X-ray machine that is installed for the purpose of the irradiation of human beings shall designate a person who meets the qualifications prescribed by the regulations and who is,
      • (a) a legally qualified medical practitioner;
      • (b) a member of the Royal College of Dental Surgeons of Ontario;
      • (c) a member of the College of Chiropodists of Ontario who has been continuously registered as a chiropodist under the Chiropody Act and the Chiropody Act, 1991 since before November 1, 1980 or who is a graduate of a four-year course of instruction in chiropody;
      • (d) a member of the College of Chiropractors of Ontario;
      • (e) -------deleted
      • (f) a person registered as an osteopath under the Drugless Practitioners Act.
      as the Radiation Protection Officer for the facility in which the X-ray machine is installed. R.S.O. 1990, c. H.2, s. 9 (1); 1998, c. 18, Sched. G, s. 51 (5).
    • (2) The owner of a portable X-ray machine shall designate a person who meets the qualifications prescribed by the regulations and who is described in clause (1) a,b,c,d,or f as the radiation protection officer for the portable X-ray machine. R.S.O. 1990, c. H.2, s. 9 (2);1998, c. 18 Sched. G, s. 51 (5).
    • (3) Subsection (2) does not apply in respect of a portable X-ray machine that is operated only in a facility for which a radiation protection officer has been appointed under subsection (1), but the radiation officer is responsible in respect of the portable X-ray machine in accordance with subsection (4).
    • (4) a radiation protection officer for a facility is responsible,
      • (a) for ensuring that every X-ray machine operated in the facility is maintained in safe operating conditions; and
      • (b) for such other matters related to the safe operation of each X-ray machine in the facility as are prescribed by the regulations. R.S.O., 1990, c. H.2, s. 9. (3,4).


  • 10.
    • (1) Where the Director proposes to refuse to issue or to revoke an approval under section 3 for the installation or for a change in the installation of an X-ray machine, the Director shall serve notice of his or her proposal, together with written reasons therefor, on the applicant or the person to whom the approval was issued, as the case may be.
    • (2) A notice under subsection (1) shall inform the applicant or person to whom the approval was issued that he or she is entitled to a hearing by the Appeal Board if, within fifteen days after the notice under subsection (1) is served on him or her, the applicant or person gives written notice to the Director and the Appeal Board requiring a hearing by the Appeal Board and the applicant or person may so require such a hearing.
    • (3) Where a hearing is required under subsection (2), the Appeal Board shall appoint a time for and hold the hearing and may direct the Director to carry out his or her proposal or refrain from carrying out his or her proposal and to take such action as the Appeal Board considers the Director ought to take in accordance with this Act and the regulations and, for such purposes, the Appeal Board may substitute its opinion for that of the Director. R.S.O. 1990, c. H.2, s. 10.
  • 11.
    • (1) The Director, the applicant or other person who has required the hearing and such other persons as the Appeal Board may specify are parties to proceedings before the Appeal Board under this Act.
    • (2) Notice of a hearing shall afford the applicant or other person who has required the hearing a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue of the approval of the Director.
    • (3) any party to proceeding under section 10 shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.
    • (4) Members of the Appeal Board holding a hearing shall not have taken part before the hearing in any investigation of consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or the party's or person's representative except upon notice to and opportunity for all parties to participate, but the Appeal Board may seek legal advice from an adviser independent from the parties and in such case the nature of the advice shall be made known to the parties in order that they make submissions as to the law.
    • (5) The oral evidence taken before the Appeal Board at a hearing shall be recorded and, if so required, copies of a transcript thereof shall be furnished upon the same terms as in the Ontario Court (General Division).
    • (6) The findings of fact of the Appeal Board pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. R.S.O. 1990, c. H.2, s. 11 (1-6).
    • (7) REPEALED: No member of the Appeal Board shall participate in a decision of the Appeal Board pursuant to a hearing unless he of she was present throughout the hearing and heard the evidence and argument of the parties and, except with the consent of the parties, no decision of the Appeal Board shall be given unless all members so present participate in the decision.
    • (8) Documents and things put in evidence at a hearing shall, upon the request of the person who produced them, be released to the person by the Appeal Board within a reasonable time after the matter in issue has been finally determined. R.S.O. 1990, c. H.2, s. 11. (8).
  • 12.
    • (1) Any party to the proceedings before the Appeal Board under this Act may appeal from its decision or order to the Divisional Court in accordance with the rules of the court.
    • (2) Where any party appeals from a decision or order of the Appeal Board, the appeal Board shall forthwith file in the Ontario Court (General Division) the record of the proceedings before it in which the decision was made, which, together with the transcript of evidence if it is not part of the Appeal Board's record, shall constitute the record in the appeal.
    • (3) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section.
    • (4) An appeal under this section may be made on questions of law or fact or both and the court may affirm, alter or rescind the decision of the Appeal Board and may exercise all powers of the appeal Board to direct the Director to take any action which the Appeal Board may direct him or her to take and as the court considers proper and for such purposes the court may substitute its opinion for that of the Director or of the Appeal Board, or the court may refer the matter back to the Appeal Board for rehearing, in whole or in part, in accordance with such directions as the court considers proper. R.S.O. 1990, c. H.2, s.12.

  • 13.
    • (1) The Director or an inspector may make a written order directed to any one or more of,
      • (a) the owner of an X-ray machine;
      • (b) any person who operates the X-ray machine; or
      • (c) the radiation protection officer for the facility in which the machine is installed or, in the case of a portable X-ray machine, the radiation protection officer for the portable X-ray machine,
      requiring the taking of such action as, in the opinion of the Director or inspector,upon reasonable and probable grounds, is necessary in order to achieve compliance with this Act of the regulations, or both, or is necessary or advisable to protect the health or safety of any patient or member of the public in or near the premises where the X-ray machine is operated.
    • (2) The director or the inspector who proposes to make an order under subsection (1) shall serve notice of the proposal, together with written reasons therefor, on the person to whom he or she proposes to direct the order.
    • (3) A notice under subsection (2) shall inform the person that the person is entitled to a hearing by the Appeal Board if the person gives notice in writing to the Director and the Appeal Board, within fifteen days after the notice under subsection (2) is served on the person, requiring a hearing, and the person may so require such a hearing.
    • (4) Where a person served with notice under subsection (2) does not require a hearing in accordance with subsection (3), the Director or inspector may carry out the proposal stated in his or her notice.
    • (5) Where a hearing is required under subsection (3), the Appeal Board shall appoint a time for and hold the hearing and by order may direct the Director or the inspector to carry out his or her proposal or refrain from carrying out his or her proposal and to take such action as the Appeal Board considers the Director or the inspector ought to take in accordance with this Act and the regulations and, for such purposes, the Appeal Board may substitute its opinion for that of the Director or the inspector.
    • (6) Sections 11 and 12 apply with necessary modifications to a proceeding under this section. R.S.O. 1990, c. H.2, S.13.

  • 14.
    • (1) Where the Director or an inspector is of the opinion, upon reasonable and probable grounds, that an emergency exists by reason of danger to the health or safety of any patient or member of the public in respect of an X-ray machine or the installation, operation or maintenance of an X-ray machine, the Director or inspector may make an oral or written order directed to any one or more of,
      • (a) the owner of the X-ray machine;
      • (b) any person who operates the X-ray machine;
      • (c) the radiation protection officer for the facility in which the X-ray machine is installed or, in the case of a portable X-ray machine, the radiation protection officer for the portable X-ray machine.
    • (2) An order under subsection (1) may require the person to whom it is directed to stop operating or stop the operation of the X-ray machine either permanently or for a specific period of time.
    • (3) A person affected by an order under subsection (1) may appeal therefrom in person or by an agent an by telephone or otherwise to the Director, and the Director, after receiving the submissions of the person and of the inspector, shall vary, rescind or confirm the order.
    • (4) Where the Director makes an order under subsection (1) or varies or confirms an order under subsection (3), the Director shall forthwith thereafter serve a written copy of the order or the order as varied or confirmed, together with written reasons therefor, upon the person to whom the order is directed.
    • (5) An order under subsection (1) or an order as varied or confirmed under subsection (3) shall inform the person to whom it is directed that the person is entitled to a hearing by the Appeal Board if the person gives to the Director and the Appeal Board, within fifteen days after a copy of the order or the order as varied or confirmed is served notice in writing requiring a hearing, and the person may so require such a hearing.
    • (6) Although an appeal is taken against an order under subsection (1) or an order as varied or confirmed under subsection (3), the order is effective at and from the time it is communicated to the person to whom it is directed until it is confirmed, varied or rescinded on appeal and the person shall comply with the order immediately.
    • (7) Where a hearing is required under subsection (5), the Appeal Board shall appoint a time for and hold the hearing and the Appeal Board by order may confirm, alter or rescind the order of the Director and for such purposes the Appeal Board may substitute its opinion for that of the Director.
    • (8) Sections 11 and 12 apply with necessary modifications to proceedings under this section.
    • (9) The Director by an order may rescind an order made under subsection (1) or an order as varied or confirmed and in such case shall serve a copy of the order upon the person to whom the order or the order as varied or confirmed was directed. R.S.O. 1990, c. H.2, s. 14.

  • 15.
    • (1) The commission known as the Healing Arts Radiation Protection Commission is continued under the English name of Healing Arts Radiation Protection Commission and the French name of Commission de protection contre les rayon X.
    • (2) The Commission shall be composed of five persons.
    • (3) No person who is or has been a member of the governing body of, or who is or has been registered under any Act governing a health discipline or a health practice, shall be a member of the Commission.
    • (4) The Lieutenant Governor in Council shall appoint the members of the Commission and shall designate a chair and a vice-chair from among the members of the Commission,
    • (5) The members of the Commission may be appointed for a term of one, two or three years and members may be reappointed, but in no case shall a member serve for more than six consecutive years.
    • (6) Every vacancy on the Commission caused by the death, resignation or incapacity of a member may be filled by the appointment by the Lieutenant Governor in Council of a person to hold office for the remainder of the term of the member.
    • (7) The members of the Commission shall be paid such remuneration and expenses as are determined by the Lieutenant Governor in Coucil.
    • (8) Such employees as are necessary to carry out the duties of the Commission shall be employed under the Public Service Act. R.S.O. 1990, c. H.2, s. 15.

  • 16.
    • (1) The Commission,
      • (a) shall advise the Minister on matters relating to the health and safety or persons in respect of irradiations by X-rays;
      • (b) is responsible for the continuing development of an X-ray Safety Code;
      • (c) shall review the contents of courses in the operation of X-ray machines and X-Ray equipment and approve the courses it considers satisfactory;
      • (d) Shall examine, study and report to the Minister on such matters, including health screening programs involving the use of X-rays, as the Minister may refer to the Commission for the purpose; and
      • (e) shall perform such other duties as are assigned to it by or under this or any other Act.
    • (2) The Commission shall submit an annual report on its activities to the Minister which shall include such additional information as the Minister may require. R.S.O. 1990, c. H.2, s. 16.

  • 17.
    • (1) The Commission shall establish advisory committees to assist it in the continuing development of an X-ray Safety Code and to assist it in respect of safety in relation to irradiation from X-rays in each of the following disciplines;
      • 1. Chiropody
      • 2. Chiropractic
      • 3. Dentistry
      • 4. Medical radiology
      • 5. Radiological technology
    • (2) Subject to the approval of the Minister, the Commission may establish additional advisory committees to assist it in respect of safety in relation to irradiation from X-rays.
    • (3) Subject to the approval of the Minister, the Commission shall fix the total number of members of each advisory committee established under subsection (1) or (2).
    • (4) The members of an advisory committee appointed under subsection (1) or (2) may be paid such remuneration on a daily or other basis, and such necessary expenses, as may be fixed or approved by the Minister. R.S.O. 1990, c. H.2, s. 17.


  • 18. Subject to the approval of the Minister, the Commission may engage scientific, technical and professional consultants in matters relating to protection from irradiation by X-rays.R.S.O. 1990, c. H.2, s. 18.

  • 19. The Minister shall appoint an employee of the Ministry of Health as Director of X-ray Safety for the purposes of this Act and the regulations. . R.S.O. 1990, c. H.2, s. 19.

  • 20.
    • (1) The Minister may appoint in writing one or more employees in the Ministry of Health or other persons as inspectors for the purposes of this Act and the regulations and in an appointment may limit the authority of an inspector in such manner as the Minister considers necessary or advisable.
    • (2) The Minister shall issue to every inspector appointed under subsection (1) a certificate of appointment.
    • (3) Every inspector, in the execution of duties under this Act and the regulations shall produce his or her certificate of appointment upon request.
    • (4) An inspector at all reasonable times may enter and inspect the premises and may inspect the operations and all records and radiographs where an X-ray machine is installed or operated and may require the production of proof that any person who operates an X-ray machine meets the qualifications and requirements prescribed by the regulations to ensure that this Act and the regulations are complied with.
    • (5) Upon an inspection under this section, an inspector is entitled to make tests and examinations to determine whether or not X-ray machines are installed and used in compliance with this Act and the regulations.
    • (6) Upon an inspection under this Act, an inspector, upon giving a receipt therefor, may remove any material that relates to the purpose of the inspection of order to make a copy thereof, but the copying shall be carried out with reasonable dispatch and the material in question shall be promptly thereafter returned to the person being inspected.
    • (7) Any copy made as provided in subsection (6) and purporting to be certified by an inspector is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original.
    • (8) No person shall obstruct an inspector or withhold or destroy, conceal or refuse to furnish any information or thing required by the inspector for the purposes of an inspection. . R.S.O. 1990, c. H.2, s. 20.


  • 21.
    • (1) Each member of the Commission, each employee of the Commission, each consultant engaged by the Commission, the Director, each inspector appointed under this Act and each person engaged in the administration of this Act and the regulations shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of employment or duties pertaining to the health of any person and shall not communicate any such matter to any other person except as provided in this Act. . R.S.O. 1990, c. H.2, s. 21 (1).
    • (2) A person referred to in subsection (1) may furnish information pertaining to the health of a person,
      • (a) in connection with the administration of this Act of any Act of Ontario or of Canada related to the delivery of health services or to safety in relation to irradiation from X-rays or regulations made thereunder;
      • (b) in proceedings under this Act or the regulations;
      • (c) to the person who provided a service to which the information is related, the person's solicitor, other personal representative, executor, administrator, guardian or property, trustee in bankruptcy or other legal representative; or
      • (d) to the person who received the service to which the information is related, his or her solicitor, personal representative, another person who has lawful custody of or is guardian for the person or other legal representative of the person.. R.S.O. 1990, c. H.2, s. 21 (2); 1992, c. 32, s. 14.
    • (3) The Director may communicate information of the kind referred to in subsection (2) and any other information related thereto to the statutory body governing the profession or to a professional association of which a person who provides a service referred to in subsection (2) is a member or governing the health practice practised by the person. . R.S.O. 1990, c. H.2, s 21 (3).

  • 22. The Lieutenant Governor in Council may make regulations,
    • (a) prescribing any matter required or authorised by this Act to be, or referred to in this Act as, prescribed by the regulations;
    • (b)prescribing classes of or in respect of any matter that is or may be prescribed under the regulations;
    • (c)limiting the application of any regulation to any one or more of the classes prescribed under clause (b);
    • (d) exempting any class of persons, X-ray machines or facilities from any provision of this Act or the regulations and attaching conditions to any such exemption;
    • (e) governing or limiting, or both, the purposes for which any class of persons may operate X-ray machines or any class of X-ray machines;
    • (f) prescribing an X-ray Safety Code including,
      • (i) prescribing standards for the installation of X-ray machines,
      • (ii)prescribing standards for darkrooms and darkroom procedures associated with the operation of X-ray machines or any class of X-ray machines.
      • (iii)prescribing standards and procedures for the operation of X-ray machines and X-ray equipment or any class of X-ray machines or X-ray equipment.
      • (iv) prescribing physical standards for persons who operate X-ray machines or X-ray equipment.
      • (v) prescribing standards and procedures for the purpose of minimising exposure to X-rays of patients and members of the public,
      • (vi) governing the testing of X-ray machines and X-ray equipment including, but not limited to, prescribing tests in respect of X-ray machines and X-ray equipment and requiring persons operating X-ray machines and X-ray equipment and radiation protection officers to perform the tests.
      • (vii) prescribing programs for evaluation of performance of procedures and observance of standards,
      • (viii) prescribing additional duties of radiation protection officers and persons who own or operate X-ray machines,
      • (ix) prescribing standards of design, construction, operation and performance for X-ray machines and X-ray equipment operated in Ontario.
      • (x) requiring compliance with any matter prescribed or governed under subclauses (i) to (ix);
    • (g) governing the keeping of records by persons who own or operate X-ray machines and by radiation protection officers and requiring and governing returns by them to the Director.
    • (h) prescribing classes of radiation protection officers and restricting or limiting the types of facilities or X-ray machines or both for which any such class may be designated as radiation protection officers;
    • (i) prescribing subject-matters for courses of study in the operation of X-ray machines and X-ray equipment and prohibiting approval by the Commission of any course of study that does not include a subject-matter so prescribed for the course of study,
    • (j) prescribing additional duties and powers of the Commission, the Director and inspectors,
    • (k) ---------deleted
    • (l) adopting by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code or standard and requiring compliance with any code or standard that is so adopted; R.S.O. 1990, c. H.2, s. 22; 1997, c. 15, s. 4(3).
    • (m) -------deleted
    • 22.1 The Minister may establish and charge fees for registrations and approvals. 1997, c. 15, s. 4 (4).

  • 23.
    • (1) In this section, "hospital" has the same meaning as in the Public Hospitals Act. R.S.O. 1990, c. H.2, s. 23 (1).
      Previous Act:
    • (2) No person shall install or operate or cause or permit the installation or operation of a computerized axial tomography scanner except,
      • (a) in a hospital or other facility;
      • (b) in a hospital within a class of hospitals; or
      • (c) in a facility within a class of facilities,
      prescribed by the regulations.
    • (3) No person shall install or operate or cause or permit the installation or operation of more computerized axial tomography scanners,
      • (a) in a hospital or other facility;
      • (b) in a hospital within a class of hospitals; or
      • (c) in a facility within a class of facilities,
      than the number of computerized axial tomography scanners prescribed by the regulations in respect of the hospital or other facility or the class of hospitals or facilities of which the hospital of facility is a member.
      Current Act:
    • (2) The Minister may designate,
      • (a) a hospital or facility or a class of hospitals or facilities within which it is permitted to install or operate computerized axial tomography scanners; and
      • (b) the number of computerized axial tomography scanners that may be installed or operated in such hospitals or facilities.
    • (3) No person shall install or operate or cause or permit the installation or operation of a computerized axial tomography scanner unless it is installed and operated in a hospital or facility that is designated under subsection (2) or in a hospital or facility that is part of a class of hospitals or facilites that is designated under subsection (2).
      • (3.1) No person shall install or operate or cause or permit the installation or operation of more computerized axial tomography scanners in a hospital or facility than the number designed under sunsection (2). 1998, c. 18, Sched. G, s. 51 (8).
    • (4) This section does not apply in respect of a computerized tomography scanner that was installed before the 1st day of May, 1984. R.S.O. 1990, c. H.2, s. 23. (4).

  • 24.
    • (1) Every person who,
      • (a) knowingly furnishes false information in an application under this Act or in any statement or return required to be furnished under this Act or the regulations;
      • (b) fails to comply with any order, direction or other requirement made under this Act; or
      • (c) contravenes any provision of this Act or the regulations,
      and every director or officer of a corporation who knowingly concurs in such furnishing, failure or contravention is guilty of an offence and on conviction is liable to a fine of not more than $10,000.
    • (2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed upon the corporation is $50,000 and not as provided therein. R.S.O. 1990, c. H.2, s. 24.

  • 25. Where any provision of this Act or the regulations or any order issued under this Act by the Director is contravened, despite any other remedy or any penalty imposed, the Director may apply to the Ontario Court (General Division) for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the court, will or is likely to result in the continuation or repetition of the contravention by the person committing the contravention, and the court may make the order and it may be enforced in the same manner as any other judgment of the Ontario Court.(General Division). R.S.O. 1990, c. H.2, s. 25.

  • 26.
    • (1) No action or other proceeding for damages shall be instituted against the Director or an inspector for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect of default in the execution in good faith of his or her duty.
    • (2) Subsection (1) does not, by reason of subsections 5(2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted. R.S.O. 1990, c. H.2, s. 26.

  • 27.
    • (1) Any notice, order, decision or other document required to be given, served or delivered under this Act or the regulations is sufficiently given, served or delivered if delivered personally or sent by registered mail addressed to the person to whom it is required to be given, served or delivered at the latest address for service appearing on the records of the Ministry or, where there is no address for service so appearing, at the address, if any, last known to the Director.
    • (2) Where service is made by registered mail in accordance with subsection (1), the service shall be deemed to be made on the seventh day after the day of mailing unless the person on whom service is being made establihes that the person did not, acting in good faith, throught absence, accident, illness or other cause beyong the person's control, receive the notice, order, decision or other document until a later date. R.S.O. 1990, c. H.2, s. 27.



    Healing Arts Radiation Protection Act



    Regulation 542

    Amended to O. Reg. 355/94


    HOSPITALS AND HEALTH FACILITIES PRESCRIBED FOR THE INSTALLATION AND OPERATION OF COMPUTERIZED AXIAL TOMOGRAPHY SCANNERS
    • 1. Each hospital and health facility listed in Column 1 of the following Table is prescribed as a hospital or health facility that may install, operate or cause or permit the installation or operation of the number of computerized axial tomography scanners set out opposite thereto in Column 2 of the following Table;

      ITEMCOLUMN 1COLUMN 2
      1.Chedoke McMaster1
      2.Children's Hospital of Eastern Ontario1
      3.Etobicoke General1
      4. Hamilton Civic1
      5. Hamilton Henderson1
      6. Kingston General1
      7.Kitchener-Waterloo1
      8.London University1
      9.London Victoria2
      10.Mississauga General1
      11.Mt. Sinai - Toronto1
      12.North York General1
      13.Oshawa General1
      14.Ottawa Civic2
      15.Ottawa General1
      16.St. Catharines General1
      17.St. Joseph's Hamilton1
      18. St. Joseph's Health Centre - Toronto1
      19St. Joseph's London1
      20Scarborough General1
      21.Sudbury General1
      22.Thunder Bay McKellar1
      23.The Toronto Hospital2
      24.Toronto Humber Memorial1
      25.Toronto Princess Margaret1
      26.Toronto St. Michael's2
      27.Hospital for Sick Children2
      28.Toronto Sunnybrook2
      29.Toronto Wellesley1
      30.Windsor Hotel Dieu1
      31.Toronto East General1
      32.Toronto York Finch1
      33.Peterborough Civic1
      34.Oakville Trafalgar1
      35.Scarborough Centenary1
      36.Sarnia General1
      37.Joseph Brant Memorial Burlington1
      38.Grey Bruce Regional Health Centre1
      39.York County Hospital, Newmarket1
      41.Peel Memorial Hospital1
      42.Brantford General Hospital1
      43.Credit Valley Hospital Mississauga1
      44.Metropolitan General Hospital Windsor1
      45.Kingston Hotel Dieu Hospital1
      46.Royal Victorial Hospital Barrie1
      47.Markham Stouffville Hospital1
      48.Laurentian Hospital Sudbury1
      49.Riverside Hospital, Ottawa1
      50.Timmins and District Hospital, Timmins1
      51.Women's College Hospital, Toronto1
      52.St. Mary's Hospital, Kitchener1
      53.Welland County General Hospital1
      54.Toronto Sunnybrook Regional Cancer Centre1

      R.R.O. 1990, Reg. 542, s.1; O. Reg. 107/91, s, 1; O. Reg. 666/93, s. 1; O. Reg 198/94, s.1; O. Reg 355/94, s. 1.; O. Reg. 484/95, s.2.



    Healing Arts Radiation Protection Act.


    Regulation 543
    No Amendments

    X-Ray Safety Code

    • 1. In this Regulation,
      • "aluminum equivilent" of a material means the thickness of aluminum (Aluminum Association Type 1100) that affords the same attenuation as the material where the aluminum and the material are irradiated under the same conditions;
      • "attenuation" means the decrease in radiation intensity caused by absoption and scattering of X-rays
      • "automatic exposure control" means a device that delivers a predetermined quantity of radiation to the image receptor by automatically controlling one or more technique factors.
      • "average peak kilovoltage" means the maximum kilovoltage developed in a single pulse of voltage applied to the anode of an x-ray tube averaged over at least twelve successive pulses;
      • "backscatter" means radiation reaching a point from material located more distant from the X-ray source than the point;
      • "beam limiting device" ("collimator" - jdr) means a device that restricts the dimensions of the useful beam;
      • "cephalometric X-ray machine" means a dental X-ray machine that is used for the examination of the maxillofacial skeleton;
      • "chiropodic X-ray machine" means an X-ray machine that is used for the examination of the foot;
      • "coefficient of variation" means the ratio of the estimated standard deviation to the mean value of a series of measurements calculated using the following equation;


      • "control booth" , means a defined area in which an X-ray worker operates an X-ray machine;
      • "control panel" means that part of an X-ray machine that contains the switches, knobs, keys, buttons or other controls accessible to the X-ray operator that are used to set technique factors manually or automatically;
      • "darkroom" means an enclosed space that is constructed to process light sensitive materials;
      • "density unit" means the relative amount of light transmitted throught a processed film expressed on a common logarithmic scale;
      • "dental X-ray machine" means an X-ray machine that is used outside the mouth to examine teeth, jaws and related structures;
      • "diagnostic X-ray machine" means an X-ray machine that is used for the examination of a human being but does not include a radiation therapy simulator or a computerized tranaxial tomography X-ray machine;
      • "dose equivilaent" means a quantity that expresses on a common scale the energy absorbed by a small mass of a body irradiated by a beam of radiation weighted by a factor describing the biological effectiveness of the radiation concerned;
      • "filter" means material that is placed in the useful beam to attenuate preferentially the lower energy or a specific energy range of X-rays;
      • "fluoroscopic X-ray machine" means an X-ray machine , an image receptor and the equiment associated with the X-ray machine and the image receptor that is used in fluoroscopy;
      • "fluoroscopy" means a mode of X-ray exposure in which the image receptor and associated equipment produce and display a visible image that is viewed by the operator during or subsequent to the exposure;
      • "general-purpose radiographic X-ray machine" means a radiographic X-ray machine that is not limited by design or adaptation to radiographic examination of a specific anatomical region;
      • "half-value layer" means the thickness of a specified material that attenuates the X-ray beam under conditions that minimize scattered radiation such that the exposure is reduced to one-half of its original value;
      • "image receptor" means a device that converts incident x-radiation into a visible image or into a form that can be made into a visible image by further transformation;
      • "lead equivalent" of material means the thickness of lead that affords the same attenuation as the material where the lead and the material are irradiated under the same conditions;
      • "leakage radiation" means all the radiation except the useful beam that comes from within the housing of an energized X-ray tube or the radiation that is produced when the exposure switch or timer of an X-ray machine is not activated.
      • "light field" means the area of light at a specified plane that is directly outlined by a beam limiting device;
      • "mammographic X-ray machine" means an X-ray machine that is used for the examination of the breast;
      • "manual exposure control" means a device that is used by an X-ray operator to set technique factors in order to deliver a predetermined quantity of radiation to the image receptor;
      • "mobile x-ray machine" means an x-ray machine that can be moved from one location to another;
      • "occupancy" means the nature and extent of use of space adacent to an X-ray machine;
      • "optical density" means the degree of opacity to visible light of a processed film expressed in density units;
      • "panoramic X-ray machine" means a tomographic unit used for the production of radiographs of the teeth, jaws and related structures on a single film or radiograph;
      • "patient entrance exposure" means the X-ray exposure, excluding exposure arising from back-scattered radiation, in the centre of an X-ray beam at the position of the surface of the patient that is closest to the X-ray source;
      • "phantom" means an object that simulates a patient when placed in an X-ray beam for the purpose of testing an X-ray machine or image receptor;
      • "photofluorographic X-ray machine" means an X-ray machine that records photographically in reduced size the image produced on a fluorescent screen;
      • "primary protective barrier" means a barrier that is sufficient to attenuate the useful beam to a specified degree;
      • "protective accessory" means a device that is used to protect a person in an X-ray facility from receiving unnecessary radiation;
      • "secondary protective barrier" means a barrier that is sufficient to attenuate stray radiation to a specified degree;
      • "stationary X-ray machine" means an X-ray machine that is installed permanently in one location and includes a machine that is permanently installed in a truck, bus, train or other movable facility; (or a mobile machine used in one location in a manner as a dedicated stationary machine would be - jdr)
      • "technique factors" means the following conditions of operation of a diagnostic X-ray machine that can be selected by the operator;
        • 1. The peak tube potential. (kV peak - jdr)
        • 2. The tube current.(mA - jdr)
        • 3. The exposure time.(ms - jdr)
        • 4. The added filtration (HVL - jdr)
        • 5. A combination of the variables set out in paragraphs 1 to 4.
        • 6. The distance between the radiation source and the image receptor;
      • "tube housing assembly" means an X-ray tube housing that has an X-ray tube installed in it;
      • "useful beam" means the delineated beam of X-rays that passes through the tube housing and the beam limiting aperture;
      • "whole-body-dose-equivalent" means the weighted average of the dose-equivalents received by all tissues in the body of an irradiated person;
      • "Work-load" means the degree of use of an X-ray machine expressed in milliampere minutes;
      • "x-ray exposure" means a quantity of X-rays delivered at a defined point in space or in a medium that is expressed in terms of the amount of electric charge produced by the radiation in a small mass of air located at the point;
      • "x-ray field" means the area of the intersection of a useful beam and one of the set of planes parallel to the plane of the image receptor;
      • "x-ray room" means a defined area where one or more permanently fixed X-ray machines and equipment are located;
      • "X-ray tube" means an evacuated envelope that is designed to produce X-rays by the bombardment of a metal target by accelerated electrons;
      • "X-ray worker" means a person who is qualified under the Act of the regulations to operate an X-ray machine. R.R.O. 1990, Reg. 543, s. 1.
    • 2.
      • (1) The following information is prescribed for the purpose of the clause 3 (2) (a) of the Act;
        • 1. The name of the owner of the X-ray machine.
        • 2. The number or identifying name of the X-ray room for which approval of installation is sought.
        • 3. The name of the manufactureer and the model number of the X-ray machine, the anticipated maximum workload, the maximum tube voltage,and the maximum tube current.
        • 4. The thickness and nature of materials that form the boundaries of the X-ray room.
        • 5. The occupancy of the adjacent spaces, including spaces above and below the X-ray room.
        • 6.The percentage of the working day each adjacent space is occupied.
        • 7. The percentage of the exposure time the useful beam is projected toward each adjacent space.
      • (2) The following plan, to be submitted in duplicate, is prescribed for the purpose of clause 3 (2) (a) of the Act;
        A floor plan drawn to a scale of not less than one to fifty that includes:
        • 1. The compass point North.
        • 2. The name of the owner and address of the installation.
        • 3. The limits of travel of the X-ray tube within the room.
        • 4. The location of the control booth or the exposure switch.
        • 5. The position of each horizontal or erect X-ray film cassette holder.
        • 6. The location of the darkroom and storage of unprocessed film.
      • (3) In addition to the requirements prescribed in subsection (2) where the application for approval is for the installation of an X-ray machine in a dental facility, the floor plans shall indicate,
        • (a) the position and limits of rotation of the chair; and
        • (b) the position of the head of the person being irradiated.
        R.R.O. 1990, Reg. 543, s. 2.
    • 3.
      • (1) Every installation of an X-ray machine shall be shielded with a primary protective barrier and a secondary protective barrier so that,
        • (a) no X-ray worker received a whole-body-dose-equivalent of more than 1 millisievert (100 millirem) per week;
        • (b) no person, other than the patient undergoing an application of therapeutic of diagnostic X-rays, who is not an X-ray worker, receives a whole-body-dose-equivalent of more than 0.1 millisievert (10 millirem) per week;
      • (2) The barriers referred to in subsection (1) shall comply with the standards contained in Appendix 2 of Safety Code 20A - X-ray Equipment in Medical Diagnosis Part A: Recommended Safety Procedures for Installation and Use, published by the Department of National Health and Welfare.
      • (3) Where lead shielding is used as a barrier, it shall be mounted in such a manner as to avoid sagging or damage to the lead shielding.
      • (4) Joints between different kinds of barrier material shall be constructed so that the overall attenuation of the barrier is not impaired.
      • (5) Windows, doors or other openings in a barrier shall be so constructed that they meet the same protection design standards referred to in subsection (2) that apply to barriers.
      • (6) All doors leading directly into an X-ray room shall be fitted with self-closing devices and, where the doors are accessible to the public, shall have prominently displayed on them warning signs sufficient to alert persons to the presence of the X-ray equipment.
      • (7) Unprocessed film shall be protected from X-rays being generated by X-ray machine in the facility so that during its storage the increase in optical density caused by unintentional irradiation is less than 0.02 density units. R.R.O. 1990, Reg. 543, s. 3.
    • 4.
      • (1) The following subject-matter for courses of study in the operation of X-ray machines and X-ray equipment are prescribed;
        • 1. Properties of radiation.
        • 2. Interactions of radiation.
        • 3. Biological effects of radiation.
        • 4. Background radiation.
        • 5. Measurement of radiation.
        • 6. Production and characteristics of X-rays.
        • 7. Relationship between technical factors that affect image quality and dose.
        • 8. Radiation protection legislation.
        • 9. Control of radiation hazards.
        • 10. Quality control.
      • (2) The Commission shall not approve any courses of study in the operation of X-ray machines and X-ray equipment unless the courses include the subject-matters set out in subsection (1).

        Previous Act:
      • (3) On and after the 1st day of January, 1981, a dental assisting program that is approved by the Commission at,
        • i) Career Canada Limited,
        • ii) Career Canada (Hamilton) Limited,
        • iii) Lorne Park Secondary School,
        • iv) Etobicoke Collegiate Institute,
        • v) Sir Allan MacNab Secondary School,
        • vi) Toronto School of Business Inc., 5631 Yonge Street, Willowdale
        • vii) Barnett - Christie Corporation carrying on business as the College of Business Training, 2820 Danforth Avenue, Toronto.


        Current Act:
      • (3) Successful completion of one of the following requirements is prescribed for the purposes of sections 5 and 7 of the Act in respect of any person who operates an x-ray machine in a dental diagnostic x-ray facility:
        • 1. A course in dental radiation safety approved by the Commission.
        • 2. A program or course in dental assisting that is approved by the Commission at a College of Applied Arts and Technology.
        • 3. On and after the 1st day of January, 1981, a dental assisting program that is approved by the Commission at,
          • i. Career Canada Limited,
          • ii. Career Canada (Hamilton) Limited,
          • iii. Lorne Park Secondary School,
          • iv. Etobicoke Collegiate Institute,
          • v. Sir Allan MacNab Secondary School,
          • vi. Toronto School of Business Inc., 5631 Yonge Street, Willowdale, Ontario, or
          • vii. Barnett-Christie Corporation carrying on business as the College of Business Training, 2820 Danforth Avenue, Toronto, Ontario
        • 4. A program or course in dental assisting offered by the Canadian Armed Forces. R.R.O. 1990, Reg. 543, s.4.

    • 5.
      • (1) A person who is a member of a class of persons set out in Column 1 of Table 1 is exempt from the provision of subsection 5 (1) of the Act provided that the person only operates an X-ray machine under the supervision of a person set opposite thereto in Column 2 of Table 1.
      • (2) The owner of an X-ray machine that is installed in a public hospital approved under the Public Hospitals Act or in a private radiological clinic that has no legally qualified medical radiologist on staff is exempt from the requirment of subsection 9 (1) of the Act provided that the owner designates a registered radiological technician who, in the opinion of the Director of X-ray Safety, is competent to act as radiation protection officer for the facility in which the X-ray machine is installed. R.R.O. 1990, Reg. 543, s. 5.

    • 6. Persons who are registered under the Radiological Technicians Act and who are employed or engaged by the Ontario Cancer Treatment and Research Foundation are exempt from section 6 of the Act in the operation of an X-ray machine for the irradiation of a human being if the irradiation is part of a breast cancer screening program administered by the Ontario Cancer Treatment and Research Foundation. R.R.O. 1990, Reg. 543, s. 6.
    • 7. The classes of radiation protection officers set out in Column 1 of Table 2 are prescribed and may only act as radiation protection officers for the class of facility set out opposite thereto in Column 2 of Table 2. R.R.O. 1990, Reg. 543, s. 7.
    • 8.
      • (1) Every radiation protection officer shall ensure that every person who operates an X-ray machine in the facility for which he or she is a radiation protection officer is qualified in accordance with this Regulation to operate an X-ray machine.
      • (2) Every radiation protection officer shall establish and maintain procedures and tests for the X-ray machines and X-ray equipment in the facility for which he or she is a radiation protection officer to ensure compliance with this Regulation.
      • (3) Every Radiation protection officer shall ensure that protective accessories of at least 0.5 millimetres lead equivalent at 150 kilovolts peak are available for use by persons who may receive exposure to X-rays in the facility.
      • (4) Every radiation protection officer shall provide to the Director of X-ray Safety, within sixty days of the installation of a new X-ray machine in a facility where he or she is the radiation protection officer, written results of the tests conducted to verify whether or not the X-ray machine complies with the provisions of the Radiation Emitting Devices Act (Canada) and the regulations made thereunder.
      • (5) Every radiation protection officer shall provide to the Director of X-ray Safety, within sixty days of the installation of a used x-ray machine in a facility where he or she is the radiation protection officer written results of the tests conducted to verify whether or not the X-ray machine complies with the provisions of the Act and this Regulation.
      • (6) Every radiation protection officer shall ensure that records are maintained of each test required to be carried out under this section that set set out,
        • (a) the type and result of the test;
        • (b) the frequency of testing where applicable; and
        • (c) the action taken to correct each deficiency identified by the test.
      • (7) Every radiation protection officer shall ensure that the records referred to in subsection (6) are maintained for a least six years from the time of their making in the facility in which the X-ray machine to which the records referred to is operated.
      • (8) Every dental radiaiton protection officer shall ensure that at the facility where the officer acts, the procedures and tests set out in Column 1 of Table 3 are conducted at the frequencies set out opposite thereto in Column 2 or Table 3.
      • (9) Every chiropodic radiation protection officer shall ensure that at the facility where the officer acts, the procedures and tests set out in Column 1 of Table 4 are conducted at the frequencies set out opposite thereto in Column 2 of Table 4.
      • (10) Every medical radiation protection officer and every chiropractic radiation protection officer shall ensure that at the facility where the officer acts, the procedures and tests set out in Column 1 of Table 5 are conducted at the frequencies set out opposite thereto in Column 2 of Table 5.
      • (11) Every medical radiation protection officer, every chiropractic radiation protection officer and every chiropodic radiation protection officer shall ensure that the facility where the officer acts, the entrance exposure of that part of a patient set out in Column 1 of Table 6 of a thickness set out opposite thereto in Column 2 of Table 6 that is a distance from the X-ray source set out opposite thereto in Column 3 of Table 6 does not exceed the exposure set out opposite thereto in Column 4 of Table 6.
      • (12) Every dental radiation protection officer shall ensure that at the facility where the officer acts, the entrance exposure of that part of a patient set out in Column 1 of Table 7 does not exceed the exposure set out opposite thereto in Column 3 of Table 7.
      • (13) Every radiation protection officer shall notify the Director of X-ray Safety forthwith of the occurrence, in a facility where he or she is a radiation protection officer,
        • (a) an accident involving an X-ray machine; or
        • (b) an overexposure to radiation involving a patient or patients.
      • (14) In addition to the notice required under subsection (13), the radiation protection officer shall ensure that a written report of the accident or overexposure is received by the Director of X-ray Safety not later than five days after the occurrence of the accident or overexposure. R.R.O. 1990, Reg. 543, s. 8.

    • 9.
      • (1) Every diagnostic X-ray machine shall bear either on the external surface of the main X-ray control panel or at the exposure switch location a warning sign that indicates that,
        • (a) unauthorized use is prohibited; and
        • (b) hazardous radiation is emitted when the X-ray machine is activated.
      • (2) Every diagnostic X-ray machine shall be so constructed that,
        • (a) all controls, meters, lights or other indicators on the machine are readily recodnizable and clearly identifiable as to function;
        • (b) the X-ray tube is securely fixed and correctly aligned with the tube housing;
        • (c) the X-ray tube housing maintains its required exposure position without significant drifting, tipping or vibration so as to affect the quality of the image;
        • (d) there are recognizable warning lights or other indicators that indicate,
          • i) when the machine is energized and is ready to produce X-rays, and
          • ii) when the X-rays are produced;
        • (e) where the machine has individual technique factors that are either fixed or can be selected manually by the operator, there are electrical meters,controls or other indicators to enable the X-ray operator to determine those selected technique factors before the patient is irradiated;
        • (f) where the X-ray machine is used in th radiographic mode and has automatically controlled exposure or anatomically related exposure selection or falling load, there is an electrical meter, control or other indicator that enables the X-ray operator to determine the kilovoltage before the patient is irradiated;
        • (g) where the X-ray machine is battery powered, there is a visual indicator that shows whether the battery is charged for proper operation;
        • (h) it is not possible to energize more than one X-ray tube at the same time; and
        • (i) where there are two X-ray tubes, there is a visible indication of which X-ray tube is selected and ready to be activated at the control panel.
      • (3) Every diagnostic X-ray machine shall be provided with,
        • (a) an exposure switch, timer or other device that is controlled by the operator to initiate and terminate the irradiations; and
        • (b) filters that,
          • i) Are located in the exit port of the X-ray tube housing or beam limiting device or both,
          • ii) intercept the entire useful beam, and
          • iii) at a measured potential set out in Column 1 of Table 8 with a thickness of aluminum set out opposite thereto in Column 2 of Table 8, reduce the exposure at least by half. R.R.O. 1990, Reg. 543 s. 9.

    • 10.
      • (1) Every exposure switch on an X-ray machine shall,
        • (a) be so located that it cannot be conveniently operated outside a shielded area; and
        • (b) where it is part of a mobile machine, be equipped with a cable at least three metres in length.
      • (2) Clause (1) (a) does not apply to an exposure switch that is used in conjunction with mobile X-ray machines, spot-film devices or fluoroscopy.
      • (3) Every exposure switch on an X-ray machine shall be so constructed that it requires continuous pressure by the X-ray operator to produce X-rays, except where the X-ray machine is equipped with a serial changer.
      • (4) Where an exposure switch on an X-ray machine is used in conjunction with a serial changer, the switch shall be so constructed that it permits the X-ray operator to terminate an irradiation at any time.
      • (5) Every expsure switch on an X-ray machine that is a foot switch shall be so constructed as to prevent an unintended exposure if the switch is overturned. R.R.O. 1990, Reg. 543, s.10.

    • 11.
      • (1) Every diagnostic X-ray machine and every fluoroscopic X-ray machine shall, except where the X-ray machine is equipped with an automatic exposure control device, be so constructed that the timing device on the machine terminates an irradiation on completion of,
        • (a) a preset time interval;
        • (b) a preset product of current and time; or
        • (c) a preset number of pulses
      • (2) Where an X-ray machine is equipped with an automatic exposure control device, the device shall terminate the exposure to the patient when a predetermined amount of radiation is detected.
      • (3) Every timing device on a diagnostic X-ray machine and fluoroscopic X-ray machine shall be so constructed that it,
        • (a) resets automatically to its original position or to ZERO on termination of an irradiation; and
        • (b) prevents an irradiation from occurring at the ZERO or OFF position. R.R.O. 1990, Reg. 543, s.11.

    • 12. Every beam limiting device (collimator - jdr) on an X-ray machine shall be so constructed that it afford the same attenuation of leakage radiation as that required of the tube housing assembly. R.R.O. 1990, Reg. 543, s.12.
    • 13.
      • (1) Every diagnostic X-ray machine that is equipped with an automatic exposre control shall be equipped with,
        • (a) an indicator that shows when the automatic exposure control mode of operation has been selected;
        • (b) a means of terminating the exposure, (backup timer - AEC mode - jdr)
          • i) of an X-ray tube with a potential of less than fifty kilovolts peak, when the product of the X-ray tube current and the exposure time is 1,200 mAs per exposure (jdr - REVISED 2001), or
          • ii) of an X-ray tube with a potential of fifty kilovolts peak or more, when,
            • (A) the product of the X-ray tube current and the exposure time is 600 mAs, or
            • (B) the product of the peak X-ray tube potential, current and exposure time is 60 kilowatt-seconds per exposure; and
        • (c) an indicator that warns the operator that a condition set out in subclause (b) (i) or (ii) has been reached.
      • (2) Every diagnostic X-ray machine shall be so constructed that,
        • (a) over the normal range of use of the machine for any given combination of X-ray tube potential (in kilovolts peak), tube current (in milliamperes), exposure time (in seconds) or for selected radiaton exposure to the image receptor (in milliroentgens),
          • i) the estimated coefficient of variation of any ten consecutive radiation exposure measurements taken at the same source-to-detector distance within a time period of one hour is no greater than 0.08, and
          • ii) each of the ten radiation exposures referred to in subclause (i) is within 20 per cent of the mean value of the ten measurements;
        • (b) for any selected setting of the peak X-ray tube potential over the normal range of use of the machine, the average peak kilovoltage corresponds to the selected value to within +/- 8% per cent
        • (c) the timer on the X-ray machine may be set to control irradiations as short as 1/30 second or five mAs, whichever is greater;
        • (d) at each setting over the normal range of use, the timer on the X-ray machine is accurate to within +/- 10 per cent; and
        • (e) at each setting over the normal range of use, the timer on the X-ray machine will comply with the reproducibility standards set out in clause (a),
      • (3) Subsection (2) does not apply to dental X-ray machines, chiropodic X-ray machines or to mammographic X-ray machines.
      • (4) Where a diagnostic X-ray machine is constructed so that the tube current (in milliamperes) has a range of preset values and both it and the exposure time (in seconds) can be slected individually, the average ratios of exposure (in millroentgens) to the product of tube current and exposure time, obtained at any two adjacent tube current settings for any fixed indicated value of X-ray tube potential (in kilovolts) over the normal range of use of the machine, shall not differ by more than 0.10 times their sum, or



        where X1 and X2 are the average mR/mAs (milliroentgens divided by millampere- seconds) values obtained at the two selected settings of mA (milliamperes).
      • (5) Where a diagnostic X-ray machine is constructed so that the exposure selection can be made only as the tube current exposure time product (in milliampere-seconds) or where the millampere value is continuously variable, the average ratios of exposure (in milliroentgens) to the product of tube current and exposure time (mAs), obtained at any two selections of milliampere-second differing by at least a factor of two, for any fixed indicated value of X-ray potential (in kilovolts) within the range of normal operation of the machine, shall not differ by more than 0.10 times their sum, or



        where X1 and X2 are the average mR/mAs (milliroentgens divided by milliampere-seconds) values obtained at the two selected settings of "mA (milliamperes)" (sic - should be "mAs (milliampere-seconds)" - jdr). R.R.O. 1990, Reg. 543, s. 13.

    • 14.
      • (1) The leakage radiation measured at a distance of one metre in any direction from an X-ray source shall not exceed 100 milliroentgens (mR) in one hour under any conditions.
      • (2) The leakage radiation measurements referred to in subsection (1) shall be averaged over an area of 100 square centimetres with no linear dimension greater than twenty centimetres. R.R.O. 1990, Reg. 543, s. 14.

    • 15.
      • (1) Every general-purpose radiographic X-ray machine and every mobile radiographic X-ray machine shall be equipped with an X-ray beam limiting device that,
        • (a) provides for stepless adjustment of the size of the x-ray field;
        • (b) provides for a minimum field size that does not exceed five centimetres by five centimetres at a target-to-image receptor distance of 100 centimeters.
        • (c) ensures that in each position, the X-ray field is aligned with the image receptor in such a manner that the X-ray field is always confined within the boundaries of the image receptor.
      • (2) An X-ray beam limiting device referred to in subsection (1) shall,
        • (a) be equipped with an adjustable light beam diaphragm or other device that defines visually the outline of the X-ray field when the axis of the X-ray beam is perpendicular to the plane of the image; or
        • (b) allow the operator to adjust the dimensions of the X-ray field at the image receptor to a size smaller than the dimensions of the image receptor.
      • (3) An adjustable light beam diaphragm or other device that defines visually the outline of the X-ray field shall be so constructed that,
        • (a) misalignment of the visually defined field with respect to the X-ray field along either the length or width of the X-ray field does not exceed 2 per cent of the target-to-image-receptor distance; and
        • (b) the size of the X-ray field in the plane of the image receptor is indicated at selected distances that are accurate to within 3 per cent of the target-to-image-receptor distance. R.R.0. 1990, Reg. 543, s. 15.

    • 16. Every general-purpose radiographic X-ray machine that is used with only one size of image receptor at a fixed target-to-image receptor distance shall be equipped with devices to ensure that,
      • (a) the centre of the X-ray field is aligned with the centre of the image receptor to within 2 per cent of the target-to-image-receptor distance; and
      • (b) the X-ray field in the plane of the image receptor does not extend beyond any edge of the image receptor. R.R.O. 1990, Reg. 543, s.

    • 17.
      • (1) Every fluoroscopic X-ray machine shall be equipped with,
        • (a) an image intensification system that,
          • i) includes a shielded protective barrier and shielding such that,
            • (A) the entire cross-section of the useful beam is intercepted within the protective barrier for any target-to-image distance, and
            • (B) the fluoroscopic X-ray tube is not capable of producing X-rays unless the shielding is in place to intercept the useful beam,
          • ii) in the case of a mobile fluoroscopic X-ray machine, is an integral part of the machine or is interlocked in such a manner that its removal prevents X-rays from being produced;
        • (b) where it is a stationary machine, a means to prevent the X-ray tube from producing X-rays unless there is an image receptor in place to intercept the X-ray beam;
        • (c) an audible signal that,
          • i) indicates completion of any preset time of use up to a maximum of five minutes, and
          • ii) continues to sound until the timer is reset whenever X-rays are produced after the preset time of use has expired,
            OR,
          • iii) cut off the high tension voltage to the X-ray tube after a preset time of use up to a maximum of five minutes, and
          • iv) continue to prevent fluoroscopy until the timer has been reset manually;
        • (d) electrical meters or other visual indicators on the control panel that will provide a continuous indication of current in milliampere;
        • (e) a means to limit the target-to-skin distance to not less than,
          • i) 25 cm for a mobile fluoroscopic machine,
          • ii) 38 cm for a stationary fluoroscopic machine, or
          • iii) 20 cm for an image intensified fluoroscopic machine used for special procedures that would not be possible at the minimum target-to-skin distance set out in subclause (ii);

            (UPDATE: NOV 2001: Small format Fluoroscopes such as the OEC-Mini 6600 require cones of length sufficient to ensure exposure rates do not exceed 5.75R/min - as per MOH internal memo)

        • (f) an X-ray beam limiting device that,
          • i) allows the operator to adjust the dimensions of the X-ray field at the image receptor to a size smaller than the dimensions of the image receptor, and
          • ii) aligns the X-ray filed with the image receptor in such a manner that the X-ray field is always confined within the boundaries of the image receptor;
        • (g) a shield of at least 0.25 millimetres lead equivalent at 100 kilovolts peak that intercepts scattered radiation originating in the patient that would otherwise reach the X-ray operator or other persons in the facility.
      • (2) Clause (1) (b) does not apply to special purpose X-ray tubes or image intensifiers that are constructed to have free and independent movement within an X-ray room.
      • (3) Clause (1) (g) does not apply to a mobile fluoroscopic X-ray machine.
      • (4) The exposure rate limits of a fluoroscopic X-ray machine that uses a zinc cadmium sulphide input phosphor or a phosphor of similar efficiency calculated where the centre of the useful beam enters the patient at the shortest target-to-skin distance specified for the machine shall not exceed,
        • (a) a maximum exposure rate of 12.5 R/min
        • (b) an entrance exposure rate of 5 R/min for an average patient represented for test purposes by a 20 cm water phantom.
      • (5) The exposure rate limit of a fluoroscopic X-ray machine that uses a cesium iodide input phosphor or a phosphor of similar efficiency calculated where the centre of the useful beam enters the patient at the shortest target-to-skin distance specified for the machine shall not exceed,
        • (a) a maximum exposure rate of 10 R/min; and
        • (b) an entrance exposure rate of 2.5 R/min for an average patient represented for test purposes by a 20 cm water phantom. ** (rates must include backscatter - see MOH HARP test manual - jdr)
      • (6) Clauses (4) (a) and (5) (a) do not apply when the high level control of the X-ray machine is activated.
      • (7) A fluoroscopic X-ray machine that is equipped with an optional high level control that allows higher exposure rates at the image receptor than the rates set out in subsections (4) and (5) shall be so constructed that,
        • (a) the high level control is activated by its own control separate from any other control; and
        • (b) there is a continuous signal to the X-ray operator to indicate that the high level control is being activated.
      • (8) A photofluorographic X-ray machine shall only be used when the primary image is enhanced by electronic image intensification. R.R.O. 1990, Reg. 543, s. 17.

    • 18.
      • (1) Every X-ray machine that is used to conduct mammographic X-ray examinations shall be equipped with,
        • (a) an X-ray beam limiting device that limits the useful beam so that at any target-to-image-receptor distance specified for the machine the X-ray field in the plane of the image receptor,
          • (i) does not exceed the edge of the image receptor next to the chest wall by more than 2 per cent of the target-to-image receptor distance, and
          • (ii) except for the edge of an image receptor referred to in sub-clause (i), does not extend beyond any other edge of the image receptor;
        • (b) an image receptor supporting device that is shielded sufficiently to ensure that for each activation of the X-ray tube the radiation exposure does not exceed 0.1 milliRoentgens where,
          • (i) The machine is operated,
            • (A) in the mammographic mode,
            • (B) at the maximum rated X-ray tube potential
            • (C) the maximum rated tube current-exposure product for that tube potential, and
            • (D) at the minimum target-to-receptor distance attainable, and
          • (ii) The radiation exposure is averaged over a detection area of 100 square centimetres, with no linear dimension greater than 20 cm and centred at five centimetres from an accessible surface beyond the plane of the support device; and
        • (c) a device that will compress the breast of the patient being X-rayed.
      • (2) A removable fixed-operative beam limiting device that is installed on an X-ray machine that is constructed or adapted to perform mammographic examinations shall bear on its external surface clearly visible permanent markings that state,
        • (a) the image receptor size; and
        • (b) the target-to-image receptor distance for which the beam limiting device is designed.
      • (3) Every mammographic X-ray machine shall be so constructed that the accuracy of kilovoltage calibration for the machine is +/- 1 kilovolt for kilovoltage up to thirty-five and +/- 4 per cent for kilovoltage above thirty-five.
      • (4) Every X-ray machine that is constructed or adapted to perform mammographic examinations shall be so constructed or adapted that,
        • (a) for any selected combination of kilovoltage, current and time, the coefficient of variation of any ten consecutive radiation measurements taken at the same distance within a time period of one hour is not greater than 0.08
        • (b) where the timer is non-mechanical, it is accurate to within 1/30 second (two cycles) or 10 per cent of the set value, whichever is greater; and
        • (c) where the timer is mechanical, it is accurate to within 1/20 second or 15 per cent, whichever is greater. R.R.O. 1990, Reg. 543, s. 18

    • 19. Only tungsten target X-ray tubes shall be used for xeroradiography. R.R.O. 1990, Reg. 543, s. 19
    • 20.
      • (1) Every dental X-ray machine and every chiropodic X-ray machine shall be so constructed that,
        • (a) for any selected combination of kilovoltage, current and time, the estimated coefficient of variation of any ten consecutive radiation measurements taken at the same distance within a time period of one hour is not greater than 0.08
        • (b) when the X-ray machine is operating in the fixed millamperage mode, the timer is, at each setting, accurate to within 1/30 second (two cycles) or 10 per cent of the set value; and
        • (c) for any selected setting of the peak X-ray tube potential, the actual peak kilovoltage corresponds to the selected value to within +/- 8 per cent.
      • (2) Clause (1) (b) does not apply to equipment used for panoramic dental examinations. R.R.O. 1990, Reg. 543, s. 20.
    • 21.
      • (1) Every dental X-ray machine shall be equipped with a beam limiting device that limits the size of the useful beam to a maximum linear dimension of seven centimetres at the end of the localizing cone or device.
      • (2) Subsection (1) does not apply to a panoramic X-ray machine or a cephalometric X-ray machine. R.R.O. 1990, Reg. 543, s. 21.

    • 22. Every panoramic X-ray machine shall be equipped with a beam limiting device that limits the useful beam at the image receptor to a size not more than 2 per cent of the source-to-image-receptor distance at each dimension of the scanning slit. R.R.O. 1990, Reg. 543, s. 22.
    • 23. Every cephalometric X-ray machine shall be equipped with a beam limiting device that limits the size of the useful beam to maximum linear dimensions of 31 cm by 38 cm at the plane of the image receptor. R.R.O. 1990, Reg. 543, s. 23.



    HARP ACT TABLES

    TABLE 1: Student/Instructor
    ITEMCOLUMN 1COLUMN 2
    TitlesClass of StudentSupervisor
    1.Medical studentRadiologist
    2.Dental studentDentist
    3.Dental Hygiene studentDentist
    4.Dental Assisting studentDentist
    5.Chiropractic studentChiropractor
    6.Radiological Technology studentRadiologist or Radiological Technician registered under the Radiological Technicians Act
    R.R.O. 1990, Reg. 543, Table 1


    TABLE 2: Radiation Protection Officer Classes
    ItemColumn 1Column 2
    Class of Radiation Protection OfficerClass of Facility
    1.Medical radiaton protection officerMedical Facility
    2.Dental radiation protection officerDental Facility
    3.Chiropractic radiation protection officerChiropractic facility
    4.Chiropodic radiation protection officerChiropody facility
    R.R.O. 1990, Reg. 543, Table 2


    TABLE 3: Dental Facility Testing and Frequency
    ItemColumn 1Column 2
    Test or ProcedureFrequency
    1.Photographic Quality controlEvery operational day
    2.Patient entrance exposure measurementsEvery 12 months and upon alteration or servicing of the equipment.
    3.CollimationEvery 12 months and upon alteration or servicing of the equipment
    4.Half-Value LayerEvery 12 months and upon alteration servicing of the equipment.
    R.R.O. 1990, Reg. 543, Table 3


    TABLE 4: Chiropodic Facility Testing and Frequency
    Column 1Column 2
    Test or ProcedureFrequency
    1.Photographic Quality controlEvery operational day
    2.Patient entrance exposure measurementsEvery 24 months and upon alteration or servicing of the equipment.
    3.CollimationEvery 12 months and upon alteration or servicing of the equipment.
    4.Half-Value LayerEvery 12 months and upon alteration or servicing of the equipment.
    R.R.O. 1990, Reg. 543, Table 4


    TABLE 5: Medical and Chiropractic Facilities Testing and Frequency
    Column 1Column 2
    Test or ProcedureFrequency
    1.Photographic Quality controlEvery operational day
    2.Patient entrance exposure measurementsEvery 6 months and upon alteration or servicing of the equipment.
    3.CollimationEvery 6 months and upon alteration or servicing of the equipment.
    4.Half-Value LayerEvery 6 months and upon alteration or servicing of the equipment.
    5.Phototiming parameters including operation of back-up timerEvery 6 months.
    6.Fluoroscopic parameters, including,
    • a) maximum patient entrance exposure rate
    • (b) resolution
    • (c)limit timer
    • (d)automatic brightness control
    Every 6 months and upon servicing of the equipment
    7.Tomographic parameters, including fulcrum accuracy, thickness of cut and mechanical stabilityEvery 6 months
    R.R.O. 1990, Reg. 543, Table 5


    TABLE 6: Radiographic Skin Entrance Exposures
    Column 1Column 2Column 3Column 4
    ProjectionPatient Thickness*Source-to-Image Dist.Maximum Exposure**
    1.Abdomen AP23 cm100 cm450 mR
    2.Cervical Spine AP13 cm100 cm120 mR
    3.Chest PA23 cm180 cm20 mR
    4.Foot (Dorso-Plantar) Direct film8 cm100 cm200 mR
    5.Full Spine23 cm180 cm250 mR
    6.Intravenous Pyelogram23 cm100 cm500 mR
    7.Lumbar spine AP23 cm100 cm500 mR
    8.Lumbar spine Lateral32 cm100 cm2,000 mR
    9.(a)Mammogram4 cm ***As used3 mGy
    (revised Dec. 2001)
    10.Skull Lateral15 cm100 cm170 mR
    11.Thoracic Spine AP23 cm100 cm400 mR
    R.R.O. 1990, Reg. 543, Table 6
    * standard for test purposes
    ** exposures expressed as exposure in air without backscatter
    *** compressed breast


    TABLE 7: Dental Entrance Exposures
    Column 1Column 2Column 3
    ProjectionPeak kilovoltageEntrance Exposure
    1.Posterior Bitewings50 kV
    60 kV
    70kV
    80 kV
    90kV
    550 mR
    475 mR
    360 mR
    280mR
    220mR
    R.R.O. 1990, Reg. 543, Table 7


    TABLE 8: Minimum HVL vs kilovoltage
    Column 1Column 2
    1.
    2.
    3.
    4.
    5.
    6.
    7.
    8
    9.
    10.
    11.
    12.
    13.
    14.
    15.
    30
    40
    49
    50
    60
    70
    71
    80
    90
    100
    110
    120
    130
    140
    150
    0.3
    0.4
    0.5
    1.2
    1.3
    1.5
    2.1
    2.3
    2.5
    2.7
    3.0
    3.2
    3.5
    3.8
    4.1
    R.R.O. 1990, Reg. 543, Table 8