Apply for the Provincial Antigen Testing Program

Program Agreement

This agreement establishes a legal relationship between your organization (the “Participant”) and the Government of Ontario (“Ontario”).

By entering into this agreement, the Participant is enrolling in the Provincial Antigen Testing Program (the “Program”) and agrees to comply with all of the terms and conditions of the Program.

The objective of the Program is to provide select health care providers (such as primary care providers and pharmacists) access to COVID-19 point-of care rapid antigen tests, while supplies last.  

The test would be used on patients (“Eligible Persons”) with symptoms consistent with COVID-19 infection who would be eligible for COVID-19 treatment if they tested positive.

Long-term care homes and some congregate living settings can also participate in this Program to order rapid antigen tests for use to support outbreak prevention and management, consistent with relevant provincial guidance or at the discretion of public health unit staff.

Eligibility is determined by the Ministry of Health and criteria for eligibility is set out in the COVID-19 Testing and Treatment web page.

Organizations seeking to test patrons, customers and/or the general public (for example, customers seeking personal care services or general public attending events at large venues) must privately procure tests. 

The Participant acknowledges and agrees as follows:

1. As part of the Program, Ontario shall provide the Participant with COVID-19 point-of-care rapid antigen test kits (the “Test Kits”). The number and brand of Test Kits that a Participant receives shall be in the sole and absolute discretion of Ontario. Ontario makes no guarantees about the availability or volumes of Test Kits that the Participant may receive.
2. The Participant shall comply with any direction or instructions issued by Ontario with respect to Test Kits. Without limiting the generality of the foregoing, the direction or instructions may pertain to the storage, distribution, or use of the Test Kits.
3. Upon receipt of the Test Kits, the Participant shall be responsible for their storage and handling, in accordance with the manufacturer’s instructions and any applicable law.
4. Unused, damaged, or expired Test Kits cannot be returned to any central government warehouse and must be appropriately disposed of at no cost to Ontario or Supply Ontario.
5. The Test Kits provided by Ontario to the Participant are provided free of charge, on an “as-is” basis. Ontario disclaims any and all representations, warranties and conditions, whether express, implied, written or oral, in relation to the Test Kits, including fitness for use for any particular purpose and in this regard, Ontario shall not be liable to the Participant for loss, claim, or demand made by the Participant or made against the Participant by any other party, due to or arising from the transfer, handling, storage, distribution, use or disposal of the Test Kits. The Participant’s sole recourse shall be against the manufacturer of the Test Kits.
6. Ontario is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and any information provided to Ontario in connection with the Program may be subject to disclosure in accordance with that Act.
7. If the Participant is providing COVID-19 point-of-care antigen testing to individuals using the Test Kits at the Participant’s site, then the Participant shall:
   1. Ensure compliance with all applicable laws, provincial or federal directives, and provincial or federal guidance, including:
      1. COVID-19 Testing and Treatment website
      2. Public Health Infection, Prevention and Control (IPAC) guidelines.
   2. Supply, at the Participant’s own cost, the appropriate human resources and all equipment and supplies (other than the Test Kits themselves) required to perform the COVID-19 point-of-care antigen testing using the Test Kits at the Participant’s site.
8. If the Participant is providing the Test Kits to individuals to perform COVID-19 point-of-care antigen testing themselves (the “Individual User”), then the Participant shall:
   1. Ensure compliance with all applicable laws, provincial or federal directives, and provincial or federal guidance, including:
      1. COVID-19 Testing and Treatment website
      2. Public Health Infection, Prevention and Control (IPAC) guidelines.
   2. Supply, at the Participant’s own cost, any additional equipment and supplies, other than the Test Kits themselves, that may be required to enable the Individual User to perform the COVID-19 point-of-care antigen testing.
9. The Participant shall:
   1. Ensure that the Test Kits are:
      1. Used only for the purposes of the Program.
      2. Not used on, resold or distributed to any other ineligible person.
      3. Only used on patients with symptoms consistent with COVID-19 infection who would be eligible for COVID-19 treatment if they tested positive.
10. This agreement comes into effect upon execution and shall expire the earlier of,
    1. the day the Program is terminated, upon written notice from Ontario, including any general public communications from Ontario to this effect; and
    2. the date the Participant ceases to participate in the Program.    
       
       Ontario may terminate this agreement immediately upon written notice to the Participant if the Participant fails to comply with any term of this agreement. For clarity, if the agreement is terminated, the Participant shall no longer be participating in the Program and shall not receive any further access to Test Kits from Ontario but may be required to distribute any remaining Test Kits received through the Program.
11. Sections 4, 5 and 6 of this agreement shall survive the termination or expiry of this agreement.
12. This agreement is made under and shall be construed according to the laws of the province of Ontario and the laws of Canada applicable therein.

Please note participation in the Program is not a substitute for any existing workplace health and safety measures that are in place to protect against the spread of COVID-19.