Apply for the Provincial Antigen Screening 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 Screening 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 an additional safety measure in high-risk communities, organizations, and essential workplaces, by providing access to point-of-care rapid antigen tests to enable enhanced screening by distributing these tests to their workers (employees, contractors and volunteers) and other eligible persons identified by the overseeing Ministry (e.g. patients, essential caregivers, post-secondary students) (“Eligible Persons”). The Program is not intended to provide access to point-of-care rapid antigen tests for the purpose of screening a member of the general public as a condition of entry to a place of business or worksite.

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 Provincial Testing Guidance (refer to most updated version) and any additional resources contained within. 
      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 Provincial Testing Guidance (refer to most updated version) and any additional resources contained within.
      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. Distributed and used only for the purposes of the Program.
      2. Not resold or distributed to any other ineligible person.
      3. Only used to screen and distribute to Eligible Persons.
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.