Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
PART I
INTERPRETATION, APPLICATION AND PURPOSE
Short title
1. This Act may be cited as the Public Health Protection and Promotion Act.
Definitions
2. In
this Act
(a) "apprehension order" means an order made
under section 34;
(b) "Chief Medical Officer of Health"
means the
person appointed under section 9;
(c) "code of practice" means a code of
practice issued under section 19;
(d) "communicable disease" means a disease
prescribed in the regulations as a communicable disease;
(e) "communicable disease order" means
an order made under section 32;
(f) "core function areas of public
health" means population health assessment, public health surveillance,
health promotion, disease and injury prevention, health protection and
emergency management;
(g) "environmental health officer" means
a person designated under section 12;
(h) "examine" and
"examination" include
taking a medical history, physical inspection, palpation, percussion,
auscultation of the body, laboratory tests and diagnostic imaging investigations
that may be required to determine the existence of a communicable disease, an
infectious agent or a hazardous agent;
(i) "hazardous agent" means a chemical,
biological, physical, radiological or nuclear agent that may cause harm to humans,
property or the environment;
(j) "health care professional" means
(i) a medical laboratory technologist registered
under the Health Professions Act,
(ii) a medical practitioner as defined in the Medical Act, 2011,
(iii) a midwife registered under the Health Professions Act,
(iv) a registered nurse or nurse practitioner as
defined in the Registered Nurses Act,
2008, and
(v) a member of a class of persons prescribed in
the regulations;
(k) "health facility" includes a
hospital, health centre and other facility, whether medical or not, that is
capable of being used to isolate, quarantine or treat a person;
(l) "health hazard" means a condition,
substance, thing or activity that
(i) threatens or may reasonably be expected to
threaten the health of the population,
(ii) interferes or may reasonably be expected to
interfere with the suppression of diseases and contaminants, the prevention of
injuries or other risks to the health of the population, or
(iii) is prescribed in the regulations;
(m) "health hazard order" means an order
made under section 38;
(n) "infectious agent" means a
biological substance, organism or micro-organism
that is capable of producing a communicable disease;
(o) "inspector" means a person or class
of persons set out in section 49;
(p) "isolate" and "isolation"
mean the separation of a person who has or is suspected of having a
communicable disease from contact with persons who are not infected;
(q) "minister" means the minister
appointed under the Executive Council Act
to administer this Act;
(r) "non-communicable disease" means a disease
prescribed in the regulations as a non-communicable disease;
(s) "outbreak" means the occurrence of a
case or cases of a communicable disease or non-communicable disease in excess
of normal expectations within a defined area;
(t) "peace officer" means
(i) a member of the Royal Canadian Mounted Police,
(ii) a member of the Royal Newfoundland Constabulary, or
(iii) a person approved by the Attorney General to
perform the duties of a peace officer;
(u) "personal health information" means
personal health information as defined in the Personal Health Information Act;
(v) "premises" means
(i) bodies of water,
(ii) trailers and structures designed or used as a
residence, business or shelter,
(iii) boats, ships or similar vessels,
(iv) motor vehicles and aircraft, and
(v) any land or structure, or part of any land or
structure, whether portable, temporary or permanent;
(w) "public conveyance" includes
(i) boat or ship that carries passengers,
(ii) bus,
(iii) scheduled or chartered aircraft,
(iv) taxi,
(v) train, or
(vi) a vehicle or other conveyance that transports
persons for payment;
(x) "public health" means the combined
programs, services and policies that protect the safety and improve the health
of the population by keeping people healthy and by preventing illness,
disability, injury and premature death;
(y) "public health emergency" means an
occurrence or imminent threat of one of the following that presents a serious
risk to the health of the population
(i) a communicable disease,
(ii) a health condition,
(iii) a novel or highly infectious agent or
biological substance, or
(iv) the presence of a chemical agent or
radioactive material;
(z) "public health laboratory" means a
laboratory established under paragraph 7(2)(h);
(aa) "public health personnel" means a
health care professional employed or engaged by a regional health authority or
the minister to provide programs and services in accordance with this Act and
the regulations;
(bb) "public health surveillance" means the continuous and systematic
collection, analysis and interpretation of health-related data required for the
planning, implementation and evaluation of public health and for the timely dissemination
of information to decision makers so that action can be taken to protect and
promote the well-being of people in the province;
(cc) "quarantine" means the separation of
a person who has been or may have been exposed to an
infectious agent from contact with other persons to determine if he or
she is infected;
(dd) "regional health authority" means an
authority as defined in the Regional
Health Authorities Act;
(ee) "regional medical officer of health"
means a person appointed under section 11;
(ff) "reportable event" means an event
that is required to be reported under section 23, 24 or 25;
(gg) "thing" means a tangible item
including a plant or other organism other than a human or a live animal;
(hh) "treatment order" means an order made
under section 36; and
(ii) "zoonotic disease" means a disease
prescribed in the regulations as a zoonotic disease.
Crown bound
3. This
Act binds the Crown.
Labrador Inuit
Rights
4. This Act and regulations made under this Act
shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of
this Act or regulations made under this Act is inconsistent or conflicts with a
provision, term or condition of the Labrador
Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act
shall have precedence over the provision of this Act or a regulation made under
this Act.
Purpose
5. The
purpose of this Act is to
(a) promote the health and well-being of
individuals and communities;
(b) protect individuals and communities from risks
to the health of the population;
(c) prevent disease, injury and disability;
(d) provide a healthy environment for individuals
and communities;
(e) provide measures for the early detection and
management of risks to the health of the population, including monitoring of a
disease or health condition of significance;
(f) improve the health of the population and of vulnerable
groups; and
(g) promote health equity within the population by
addressing the social determinants of health.
PART II
ADMINISTRATION
Health in all policies
6. The
minister shall be responsible for facilitating the consideration of the health
of the population in the development of laws, policies and measures among
government departments, agencies, boards and commissions in accordance with the
regulations, including the consideration of those social determinants of health
that have an impact on the health of the population.
Duties and powers
of minister
7. (1)
The minister shall
(a) every 5 years, prepare a provincial public
health plan in accordance with the regulations that sets out the goals and objectives
related to provincial public health to be met during the period covered by the
plan; and
(b) monitor and evaluate the efficiency of
programs and services to protect and promote the health of the population and
their effectiveness in achieving the goals established for those programs and
services.
(2) The minister may
(a) require a regional health authority to prepare
a public health plan every 5 years in accordance with the regulations that sets
out the goals and objectives related to the core function areas of public
health to be met during the period covered by the plan with respect to the regional
health authority's health region;
(b) require a regional health authority to compile
and report information concerning the quality of core public health programs
and services provided or undertaken by or under the authority of the regional
health authority, including health indicators, as prescribed by the
regulations;
(c) establish or implement programs and services to
protect and promote the health of the population and establish standards for
those programs and services;
(d) establish standards and qualifications for
public health personnel;
(e) establish, by regulation, health standards for
(i) establishments that provide accommodation,
including hotels, bed and breakfasts and lodging houses,
(ii) recreational facilities, including public
pools, saunas, hot tubs, public parks and playgrounds, and any adjoining
facilities,
(iii) camps, and
(iv) laundry and dry cleaning facilities;
(f) establish, by regulation, health standards for
sewage systems and waste disposal systems;
(g) designate isolation and quarantine facilities
in accordance with this Act; and
(h) establish public health laboratories and give
directions as to the nature and extent of their services.
Issuance of licences,
permits and approvals
8. (1) The
minister may, in accordance with the regulations, issue licences, permits and
approvals for the location, design, construction, operation and use of
(a) public pools;
(b) sewage and sewage systems;
(c) waste and waste disposal systems; and
(d) water supply systems intended to be used for
human consumption.
(2) The minister may impose terms and conditions
on a licence, permit or approval issued under subsection (1).
(3) The minister may vary, suspend, cancel, renew
or refuse to renew a licence, permit or approval in accordance with the regulations.
(4) A licence, permit or approval issued under
subsection (1) shall expire in accordance with the regulations.
Chief Medical
Officer of Health
9. (1) The
minister shall appoint a Chief Medical Officer of Health, who
(a) is a medical practitioner;
(b) is a Fellow of the Royal College of Physicians
and Surgeons of Canada in Public Health and Preventative Medicine, or has equivalent
experience and training; and
(b) has the qualifications prescribed in the
regulations.
(2) The Chief Medical Officer of Health shall
exercise his or her powers and perform his or her duties independently and impartially
in order to best protect and promote the health of the people in the province.
(3) The Chief Medical Officer of Health shall
(a) monitor the health of the people in the
province, including the impact of zoonotic disease on human health;
(b) establish measures to identify, investigate
and manage communicable diseases
and outbreaks in the province;
(c) monitor the implementation of core public
health programs and services prescribed in the regulations;
(d) monitor regional medical officers of health in
the exercise of their powers and duties under this Act and the regulations;
(e) be responsible for those aspects of the
province's emergency planning, preparedness, response and recovery that relate
to health;
(f) increase public awareness of health issues and
changing health needs;
(g) provide advice to the minister on public
health and health issues;
(h) develop, in consultation with the regional
health authorities, standards related to core public health programs and services
as prescribed in the regulations;
(i) implement the provincial public health plan developed
under subsection 7(1);
(j) prepare and publish an annual report within 6
months of the end of each year respecting the reportable events, outbreaks,
public health emergencies and number and results of inspections conducted under
this Act and the regulations during that year; and
(k) prepare a report to the Lieutenant-Governor in
Council every 5 years regarding the health status of people in the province.
(4) The Chief Medical Officer of Health may
(a) exercise the powers and perform the duties of
a regional medical officer of health as set out in this Act and the regulations;
(b) issue directions to regional medical officers
of health regarding the exercise of their powers and duties under this Act and
the regulations;
(c) make recommendations and engage in planning in
respect of public health; and
(d) approve or issue standards and guidelines for
controlling a communicable disease.
Acting Chief Medical
Officer of Health
10. (1) The
minister may appoint an acting Chief
Medical Officer of Health where the Chief Medical Officer of Health
(a) ceases
to hold office; or
(b) is temporarily unable to perform the duties of
his or her office.
(2) An acting Chief Medical Officer of Health
shall be a medical practitioner who
(a) is a Fellow of the Royal College of Physicians
and Surgeons of Canada in Public Health and Preventative Medicine or has
equivalent experience and training; and
(b) has the qualifications prescribed in the
regulations.
(3) An
act done by an acting Chief Medical Officer of Health appointed under this section
has the same effect as if it were done by the Chief Medical Officer of Health.
Regional medical
officers of health
11. (1) A
regional health authority may, with the approval of the minister, appoint one
or more medical practitioners having the qualifications prescribed in the
regulations as regional medical officers of health.
(2) A regional medical officer of health shall
follow directions issued by the Chief Medical Officer of Health when exercising
his or her powers and performing his or her duties.
Environmental
health officers
12. (1) The
minister may designate one or more persons having the qualifications prescribed
in the regulations to act as environmental health officers for the purpose of
this Act and the regulations.
(2) An environmental health officer
(a) may
monitor, audit and conduct risk assessments in relation to health hazards; and
(b) shall consult with the Chief Medical Officer
of Health and a regional medical officer of health when exercising his or her
powers and performing his or her duties under this Act and the regulations.
PART III
RIGHTS AND CONFIDENTIALITY
Restrictions on
rights and freedoms
13. Where an individual's rights or freedoms are
restricted as a result of the exercise of a power or the performance of a duty
under this Act, the regulations or an order made under this Act or the
regulations, the restriction shall be no greater than is reasonably required in
the circumstances to respond to a communicable disease, health hazard, public
health emergency or contravention of this Act, the regulations or an order made
under this Act or the regulations.
Duty to notify
and protect
14. (1) Where the Chief Medical Officer of Health reasonably
believes that there is a serious risk to the health of the population, the Chief
Medical Officer of Health shall immediately take reasonable steps to
(a) disclose the nature and source of the risk to the health of the population to the public, a group or an individual, except where the disclosure
is prohibited by law; and
(b) protect
the public, a group or an individual from the risk to the health of the
population.
(2) Notwithstanding paragraph (1)(a), the Chief Medical Officer of Health may refuse to
disclose information where he or she believes that the disclosure would result
in a clear and overriding adverse effect, including circumstances where the
disclosure would
(a) violate
the privacy and confidentiality rights of an individual;
(b) unduly
stigmatize an individual or group; or
(c) result
in an increased risk to the health of the population.
(3) The
Chief Medical Officer of Health shall notify the Public Health Agency of Canada
of any threat that the Chief Medical Officer of Health believes may constitute
a health event of national or international concern after considering
(a) the
impact of the threat to the health of the population;
(b) the
unusual or unexpected nature of the threat; and
(c) the risk that the event might have an impact
outside of the province.
Collection and
use of personal health information
15. (1) The
Chief Medical Officer of Health, a regional medical officer of health or other
person acting under the authority of this Act or the regulations may collect
and use personal health information for one or more of the following purposes:
(a) to prevent or manage communicable and non-communicable
diseases and to assess and investigate risks to the health of the population, including the collection
of information provided by a
public health official in another province under an arrangement for the sharing
of information;
(b) for
public health surveillance, the compilation of statistical information and to
assess and address the health needs of the population;
(c) for
the development, management, delivery, monitoring and evaluation of public
health;
(d) to
conduct or facilitate research into the health of the
population;
(e) for
the administration and enforcement of this Act or the regulations, a code of
practice or an order made under this Act or the regulations; and
(f) for any other purpose authorized under this Act.
(2) The collection and use of personal health
information under this Act shall be limited to the minimum amount of
information necessary to accomplish the purpose for which it is collected or
used.
Disclosure of personal
health information
16. (1)
The Chief Medical Officer of Health, a regional medical officer of health or other
person acting under the authority of this Act or the regulations may disclose
personal health information without the consent of
the individual who is the subject of the information where
(a) the
Chief Medical Officer of Health or regional medical officer of health reasonably
believes that the disclosure is necessary
(i) to
examine, treat or facilitate the care of an individual,
(ii) to identify the source of an infectious agent
or a hazardous agent, or
(iii) to
identify an individual who may present a risk to the health of the population;
(b) the
disclosure is required to protect the health of an individual;
(c) the
disclosure is made to a public health official in another province under an
arrangement for the sharing of information to prevent or control the spread of
a disease or condition or for the purpose of public health surveillance; or
(d) the
disclosure is made to Canadian Blood Services or a similar organization in Canada under an
arrangement for the sharing of information to prevent or control the spread of
a blood-borne disease.
(2) The disclosure of personal health information
under this Act shall be limited to the minimum amount of information necessary
to accomplish the purpose for which it is disclosed.
Accuracy of information
17. Before
using or disclosing personal health information under this Act or the
regulations, the Chief Medical Officer of Health, a regional medical officer of
health or other person acting under the authority of this Act or regulations
shall
(a) take reasonable steps to ensure that the
information is as accurate, complete and up-to-date as is necessary for the
purpose for which the information is used or disclosed;
(b) clearly set out for the recipient of the
disclosure the limitations, if any, on the accuracy, completeness or up-to-date
character of the information; and
(c) make a reasonable effort to ensure that the person
to whom disclosure is made is the person intended and authorized to receive the
information.
PART IV
HEALTH PROMOTION AND DISEASE AND INJURY PREVENTION
Non-communicable
diseases
18. The
minister, on the advice of the Chief Medical Officer of Health, may prescribe a
disease as a non-communicable disease and a factor that contributes to the
occurrence of that disease in the regulations where the minister believes that
the disease or the factor
(a) is likely to adversely affect the health of the population over a period of time;
(b) causes
significant chronic disease, disability or mortality in the population;
(c) interferes with or is inconsistent with the
goals of public health; or
(d) is associated with poor health outcomes in the
population.
Codes of practice
19. (1) The
minister may issue a code of practice in relation to
(a) the factors contributing to the occurrence of
a non-communicable disease or a health hazard; and
(b) preventing or reducing the occurrence of a
non-communicable disease or health hazard.
(2) A code of practice may apply or relate to
(a) an industry or a sector of an industry in the
province;
(b) all residents of or a particular community in
the province;
(c) an activity or undertaking in the province;
(d) the manner in which specific goods, substances
or services are advertised, sponsored, promoted or marketed;
(e) the manner in which specific goods or substances
are manufactured, distributed, supplied or sold, including the composition,
contents, additives and design of those goods or substances; and
(f) the manner in which the public, or certain
members of the public, may access specific goods, substances or services.
(3) Before issuing a code of practice under
subsection (1), the minister shall, in accordance with the regulations, consult
those persons who may be impacted by the code of practice.
(4) The minister may publish a report on the
performance of an industry, a sector of an industry or a person in relation to
a code of practice.
Report with
adverse impact
20. (1) Before
publishing a report under subsection 19(4), the minister shall, in accordance
with the regulations, notify a person where the minister reasonably believes
that the person could be adversely impacted by the content of the report.
(2) Where a person is notified under subsection (1),
that person may submit a request in writing to the minister for a review of the
report within 14 days of being notified.
(3) Where a request is made under subsection (2),
the person who made the request may make submissions in writing to the minister
in relation to the content of the report within 7 days of making the request in
accordance with the regulations.
(4) The minister shall conduct a review of the
report and provide a written
decision including reasons to the person who requested the review by regular
mail or other method in accordance with the regulations within 30 days of the receipt
of a request under subsection (2).
(5) Where a request is made under subsection (2),
the minister shall not publish the report until a decision under subsection (4)
has been provided to the person who requested the review.
Protection from
liability
21. An action does not lie against the minister or
his or her delegate that is based on or related to the
content of a report published under this Part.
PART V
PUBLIC HEALTH SURVEILLANCE
Investigations
22. (1) A regional medical officer of health or an
inspector may investigate the cause of an occurrence of any illness, injury or death
that is a risk to the health of the population, including
(a) a
communicable disease;
(b) a
non-communicable disease; or
(c) a
reportable event.
(2) An
investigation under subsection (1) shall not interfere with an investigation
under the Fatalities Investigations Act.
Duty to report
23. (1) A health care professional or an environmental
health officer shall, in accordance with the regulations, make a report to the Chief
Medical Officer of Health or a regional medical officer of health where he or
she becomes aware of any of the following events in the course of his or her
duties:
(a) the
occurrence or suspected occurrence of a communicable disease;
(b) the
failure of a person infected with a communicable disease to comply with his or
her treatment;
(c) the occurrence of an infection where
(i) the
infection could have been transmitted by the receipt or donation of cells,
tissues, organs, blood or blood products, and
(ii) there are reasonable grounds to believe that
the infected person received or donated cells, tissues, organs, blood or blood
products;
(d) the
occurrence of a disease, infection or condition that the health care professional
reasonably believes could be a risk to the health of the population;
(e) the
death of a person with a disease, infection or condition or related to an occurrence
referred to in paragraphs (a) to (d); or
(f) the death of a person as a result of or
related to a health hazard.
(2) Where a health care professional or an environmental health officer knows an event under subsection (1)
has already been reported in accordance with this section, he or she is not
required to report that event.
(3) A
health care professional other than a medical laboratory technologist who
reports an event in accordance with this section shall advise the person about
whom the report is being made to take reasonable steps to prevent the
transmission of the disease, infection or condition until the Chief Medical
Officer of Health or regional medical officer of health considers the report
and determines whether to investigate and manage the health aspects of the event.
Duty to report
health hazard
24. A
person prescribed in the regulations shall, in accordance with the regulations,
make a report to the Chief Medical Officer of Health or regional medical
officer of health where he or she becomes aware of a health hazard, unless he
or she knows that the health hazard has already been reported in accordance
with this section.
Duty to report
zoonotic disease
25. A
person prescribed in the regulations shall, in accordance with the regulations,
make a report to the Chief Medical Officer of Health or a regional medical officer
of health where he or she becomes aware of the occurrence or suspected
occurrence of a zoonotic disease that impacts human health, unless he or she
knows that the zoonotic disease has already been reported in accordance with this
section.
Contents of
report
26. (1) A report under section 23, 24 or 25 shall
include
(a) the
name, profession and contact information of the person making the report;
(b) a
description of the nature and type of reportable event; and
(c) any other information prescribed in the regulations.
(2) Where a person makes a report under section 23,
24 or 25, the person shall report all the information of which he or she has
knowledge.
PART VI
PUBLIC HEALTH EMERGENCIES
Declaration of
public health emergency
27. (1) The minister, on the advice of the Chief Medical
Officer of Health, may declare a public health emergency in all or a part of the
province where the minister is satisfied that
(a) a
public health emergency exists; and
(b) the
public health emergency cannot be sufficiently mitigated or remedied without
the implementation of the special measures available under section 28.
(2) A
declaration of a public health emergency expires no more than 14 days after it
is made.
(3) Notwithstanding subsection (2), the minister, on the advice of the Chief Medical
Officer of Health, may extend the public health emergency for consecutive
periods of 14 days where
(a) the
public health emergency continues to exist; and
(b) the
extension is required to protect the health of the population.
(4) A
declaration of a public health emergency or an extension of a public health emergency
shall
(a) identify
the nature of the public health emergency;
(b) describe
the area of the province to which it relates; and
(c) specify
the dates when the declaration takes effect and when it expires.
(5) The
minister, on the advice of the Chief Medical Officer of Health, may cancel a
declaration made under subsection (1), or vary the period or the area to which
it relates, where
(a) the
public health emergency no longer exists in all or an area of the province;
(b) the public health emergency exists in an area of
the province not included in the declaration; or
(c) the
declaration is no longer required to protect the health of the population.
(6) The
Chief Medical Officer of Health shall publish the details of a declaration made
under this section without delay and in a manner that can reasonably be
expected to notify the residents of the province to whom the declaration relates.
Special measures
28. (1) While a declaration of a public health
emergency is in effect, the Chief Medical Officer of Health may do one or more
of the following for the purpose of protecting the health of the population and
preventing, remedying or mitigating the effects of the public health emergency:
(a) authorize
qualified persons to give aid of a specified type;
(b) provide directions to environmental health
officers and public health personnel in the province;
(c) establish a voluntary immunization program in
the province;
(d) establish a list of individuals or classes of
individuals who shall be given priority for immunizing agents, drugs, medical
supplies or equipment;
(e) enter
into an agreement for services with an agency of the Government of Canada or another
province and provide directions regarding the deployment of those services when
operating in the province;
(f) procure
and provide for the distribution of medical supplies, aid and equipment in the
province;
(g) acquire
or use real or personal property, whether private or public, other than a dwelling
house;
(h) make
orders restricting travel to or from the province or an area within the
province;
(i) order the closure of any educational setting
or place of assembly;
(j) enter
or authorize any person acting under the direction of the Chief Medical Officer
of Health to enter any premises without a warrant; and
(k) take
any other measure the Chief Medical Officer of Health reasonably believes is
necessary for the protection of the health of the population during the public
health emergency.
(2) Notwithstanding another provision of this Act,
while a declaration of a public
health emergency is in effect, the Chief Medical Officer of Health may do one
or more of the following:
(a) extend
or reduce a deadline or time period prescribed by the Act or the regulations;
(b) decline
to provide a notice that is otherwise required;
(c) do
orally what otherwise is required to be done in writing;
(d) serve
an order in any manner that can reasonably be expected to give actual notice of
the order;
(e) provide a notice required under this Act or
the regulations in any manner that
can reasonably be expected to give actual notice; or
(f) conduct
an inspection at any time, with or without a warrant.
(3) Notwithstanding paragraphs (1)(j) and (2)(f),
the Chief Medical Officer of
Health shall not inspect, enter or authorize entry into a dwelling house unless
(a) an
occupant consents;
(b) the
entry is authorized by a warrant issued under section 52; or
(c) the
dwelling house, or something in or only accessible through the dwelling house,
is a serious and immediate risk to the health of the population.
Compensation
29. The
minister shall pay reasonable compensation for real or personal property
acquired or used under paragraph 28(1)(g).
Report on public
health emergency
30. The
minister shall, within 6 months of the expiry of a declaration made under
section 27, conduct a review and report to the House of Assembly on the cause
and duration of the public health emergency and on the special measures
implemented under section 28.
Conflict with Emergency
Services Act
31. Where
an emergency is declared under the Emergency
Services Act and there is a conflict between this Act or regulations made under
this Act and the Emergency Services Act
or regulations made under that Act, the Emergency
Services Act or regulations made under that Act shall prevail.
PART VII
ORDERS
Division 1
Communicable Disease Orders
Communicable
disease orders
32. (1)
A regional medical officer of health may make a communicable disease order under this section where he or she has
reasonable grounds to believe that
(a) a
communicable disease exists or may exist or that there is an immediate risk of
an outbreak of a communicable disease;
(b) the
communicable disease presents a risk to the health of the population; and
(c) the
order is necessary to prevent, eliminate, remedy, or mitigate the risk to the
health of the population.
(2) A regional medical officer of health may make
a communicable disease order in respect of a person who has or may have a communicable
disease or is infected with an infectious agent and the order may do one or
more of the following:
(a) require
the person to submit to an examination by a specified health care professional
at a specified health facility on or before a particular date or according to a
schedule;
(b) require
the person to isolate himself or herself from other persons, including in a
specified health facility;
(c) require
the person to conduct himself or herself in a manner that will not expose other
persons to infection or to take other precautions to prevent or limit the
direct or indirect transmission of the communicable disease or infectious agent
to those who are susceptible to the communicable disease or infectious agent or
who may spread the communicable disease or infectious agent to others;
(d) prohibit
or restrict the person from attending a school, a place of employment or other
public premises or from using a public conveyance;
(e) prohibit
or restrict the person from engaging in his or her occupation or another
specified occupation or type of occupation;
(f) prohibit
or restrict the person from leaving or entering a specified premises;
(g) require
the person to avoid physical contact with, or being near, a person, animal or
thing;
(h) require
the person to be under the supervision or care of a specified person;
(i) require
a person to provide information, records or other documents relevant to the
person's possible infection to a specified person;
(j) require
a person to provide samples of the person's clothing or possessions to a
specified person;
(k) require a person to destroy contaminated
clothing or possessions;
(l) require
a person to provide specimens previously collected from the person to a
specified person;
(m) where a regional medical officer of health has
reasonable grounds to believe that the person has a communicable disease or is
infected with an infectious agent, require the person to undergo treatment
specified in the order or by a specified health care professional, including
attending a specified health facility, where there is no other reasonable
method available to mitigate the risks of the infection;
(n) require
a person to disclose the identity and location of the persons with whom the
person may have had contact or whom the person may have exposed to the
communicable disease or infectious agent; or
(o) require
the person to take, or prohibit the person from taking, an action prescribed in
the regulations.
(3) Where
an order has been issued under paragraph (2)(d), a regional medical officer of
health may, in writing, advise the principal of a school, an employer or an owner
or operator of a public premises or public conveyance of the restriction or
prohibition.
(4) A
principal, employer or owner or operator of a public premises or public
conveyance shall not disclose personal health information provided under subsection
(3) to any person other than
(a) the
person who is the subject of the order; or
(b) a parent or the guardian of the person referred
to in paragraph (a), where the person referred to in paragraph (a) is a minor
or an adult subject to a guardianship order.
(5) A
regional medical officer of health may make a communicable disease order in
respect of a person who has been exposed or may have been exposed to a
communicable disease or an infectious agent and the order may do one or more of
the following:
(a) require
the person to submit to an examination by a specified health care professional
at a specified health facility on or before a particular date or according to a
schedule;
(b) require
the person to quarantine himself or herself from other persons, including in a
specified health facility;
(c) require
the person to conduct himself or herself in a manner that will not expose other
persons to infection or to take other precautions to prevent disease
transmission during the incubation period and the period of communicability for
that communicable disease;
(d) prohibit
or restrict the person from engaging in his or her occupation or another
specified occupation or type of occupation;
(e) prohibit
or restrict the person from leaving or entering a specified premises;
(f) require
a person to provide information, records or other documents relevant to the
person's possible infection to a specified person;
(g) require
a person to provide samples of the person's clothing or possessions to a
specified person;
(h) require a person to destroy contaminated
clothing or possessions;
(i) require
a person to provide specimens previously collected from the person to a
specified person;
(j) require the person to take preventative
measures specified in the order or by a specified person, including attending a
specified health facility, where there is no other reasonable method available
to mitigate the possible infection;
(k) require
a person to disclose the identity and location of the persons with whom the
person may have had contact or whom the person may have exposed to the
communicable disease or the infectious agent; or
(l) require the person to take, or prohibit the person
from taking, an action prescribed in the regulations.
(6) A
regional medical officer of health may make a communicable disease order requiring
the owner or operator of a public conveyance, premises or thing that is or may
be contaminated with an infectious agent to
(a) close
the premises;
(b) prohibit
or restrict entry to the public conveyance or premises; or
(c) take
an action prescribed in the regulations.
(7) A
regional medical officer of health may make a communicable disease order
requiring the owner or operator of any health facility, long-term care
facility, personal care home, correctional centre or other similar residential
facility prescribed in the regulations that is or may be contaminated with an infectious
agent to
(a) take
precautions to control or minimize the risk of transmitting a communicable
disease; or
(b) monitor,
investigate or respond to an outbreak of communicable disease at the facility,
home or centre.
(8) A regional medical officer of health may make
a communicable disease order requiring the owner or operator of any premises or
thing that is or may be contaminated with an infectious agent to
(a) clean
and disinfect the premises or thing;
(b) destroy
the thing; or
(c) allow
a specified person to enter the place or premises to take the actions specified
in paragraphs (a) or (b).
Communicable
disease orders generally
33. (1) A communicable disease order may require a
person who is subject to the order to provide
(a) evidence
of compliance with the order, including a certificate of compliance from a
medical practitioner, a registered nurse, nurse practitioner or other person
specified in the order; and
(b) information
or records relevant to the order.
(2) Where
a minor or an adult subject to a guardianship order is the subject of a
communicable disease order, the person authorized to make the order may order a
parent, guardian or other person having custody of the minor, or the guardian
of the adult, to ensure that the minor or adult complies with the order.
(3) A
regional medical officer of health may order a health care professional or
other person attending a person subject to a communicable disease order to
(a) comply
with a direction for controlling a communicable disease approved or issued by
the Chief Medical Officer of Health or a regional medical officer of health; or
(b) take
a specified action, not including the use of force on a person, to control the
spread of the communicable disease.
(4) A
communicable disease order may authorize a person to take a specified action,
not including the use of force on a person, and the authority is valid whether
or not the person has been served or is aware of the contents of the order.
(5) Notwithstanding anything in this section, a communicable disease order shall not
authorize a person to enter a dwelling house without the consent of an occupant
except under the authority of a warrant issued under section 52.
Division 2
Apprehension Orders and Treatment Orders
34. (1) A regional medical officer of health may apply
to the Supreme Court for an apprehension order providing authority to apprehend, detain, isolate or
quarantine the person subject to the order in the health facility specified in
the order.
(2) A
judge may make an apprehension order where he or she is satisfied that
(a) a
person has a communicable disease or is infected with or has been exposed to an
infectious agent;
(b) the
communicable disease or infectious agent presents a serious risk to the health
of the population;
(c) the
person has failed to comply with one of the following orders or reasonable
attempts to serve the person with one of the following orders have failed:
(i) to
submit to an examination under paragraph 32(2)(a) or 32(5)(a),
(ii) to
isolate himself or herself under paragraph 32(2)(b),
(iii) to
remain in or not enter a specified premises under paragraph 32(2)(f) or 32(5)(e),
(iv) to undergo treatment under paragraph 32(2)(m),
(v) to
quarantine himself or herself under paragraph 32(5)(b), or
(vi) to take a preventative measure under paragraph
32(5)(j); and
(d) there is no other reasonable method available
to mitigate the risk.
(3) An apprehension order is valid for no more
than 60 days.
(4) Notwithstanding subsection (3), a judge may, upon
application of a regional medical officer of health, extend an apprehension
order for consecutive periods of not more than 60 days where he or she is
satisfied that
(a) the
person subject to the order continues to be infectious with a communicable
disease; and
(b) discharging
the person subject to the order from a health facility would be a serious risk
to the health of the population.
(5) An
apprehension order
(a) shall
specify the dwelling house or dwelling houses where the judge reasonably
believes the person subject to the order is located; and
(b) may direct a peace officer to take all
reasonable measures to locate, apprehend and detain the person subject to the
order and to convey him or her to the health facility specified in the order.
Direction to
peace officer in apprehension order
35. (1) A
peace officer directed under paragraph 34(5)(b) shall take all reasonable
measures to locate, apprehend and detain the person subject to the order and to
convey him or her to the health facility specified in the order.
(2) An
apprehension order is authority for a peace officer to
(a) enter
any premises, other than a dwelling house, where the peace officer has reason
to believe the person subject to the order may be located; and
(b) enter
any dwelling house specified in the order.
(3) A
peace officer who apprehends a person subject to an apprehension order shall
promptly inform the person of
(a) the
reasons for the apprehension;
(b) the
person's right to retain and instruct counsel without delay; and
(c) the health facility to which the person is
being taken.
Treatment orders
36. (1) Where an application has been made for an
apprehension order or an apprehension order has been issued under section 34, a
regional medical officer of health may apply to the Supreme Court for a
treatment order.
(2) A
judge may make a treatment order, with the conditions he or she considers
appropriate, where he or she is satisfied that
(a) the person who is the subject of the application
or apprehension order has failed to comply with
(i) an order to submit to an examination under
paragraph 32(2)(a) or 32(5)(a), or
(ii) an order to undergo treatment under paragraph 32(2)(m);
(b) the failure of the person who is the subject of the
application or apprehension order to submit to an
examination or undergo treatment presents a serious risk to the health of the
population; and
(c) there
is no other reasonable method available to mitigate the risk.
(3) A treatment order is valid for a period of no
more than 60 days or until the expiry of the apprehension order, whichever
occurs first.
(4) Notwithstanding subsection (3), a judge may, upon
application of a regional medical officer of health, extend a treatment order, with
the conditions he or she considers appropriate, for consecutive periods of not
more than 60 days or until the end of the apprehension order and any period of
extension granted under subsection 34(4), where he or she is satisfied that
ending examination or treatment would present a serious risk to the health of the population.
(5) A
treatment order is authority for a health care professional at the health
facility where the person subject to the order is detained, isolated or
quarantined to care for and examine the person and to treat the person for the
communicable disease in accordance with any guidelines for controlling a communicable
disease as approved or issued by the Chief Medical Officer of Health.
(6) A
treatment order is authority for a health care professional or a person
assisting him or her to use necessary force to enable the health care
professional to care for, examine or treat the person subject to the order in
accordance with subsection (5).
(7) A health care professional or a person
assisting him or her is not liable to any civil or criminal action in respect
of the use of necessary force in good faith in accordance with subsection (6).
Apprehension orders
and treatment orders generally
37. (1) A
regional medical officer of health or a person subject to an apprehension order
or treatment order may apply to the Supreme Court to vary, terminate or suspend
the order.
(2) Where the application is made by a regional
medical officer of health, the variation, termination or suspension of an apprehension
order or treatment order may be issued on an application made under subsection
(1) without notice and in the absence of the person subject to the order.
(3) Where the application is made by the person subject
to the order, the apprehension order or treatment order shall not be varied, terminated
or suspended unless the regional medical officer of health has been served with
the application made under subsection (1).
(4) An
apprehension order and a treatment order shall specify the health facility
where the person subject to the order shall be detained, isolated, quarantined,
examined and treated.
(5) Notwithstanding another provision of this Act,
a judge shall not specify a health facility in an
apprehension order or treatment order unless he or she is satisfied that the
health facility is able to provide for the detainment, isolation, quarantine,
examination or treatment as required in the order.
(6) Where
an apprehension order or treatment order has been made, the person in charge of
the health facility specified in the order shall ensure that
(a) the
person subject to an apprehension order is detained, isolated or quarantined in
accordance with the order; and
(b) the
person subject to a treatment order is examined and treated in accordance with
the order.
(7) The
person in charge of the health facility specified in an apprehension order or
treatment order shall immediately report to the regional medical officer of
health regarding
(a) the
results of the examination and treatment of the person subject to the order;
(b) the
health status of the person subject to the order; and
(c) any
change in the diagnosis or health status of the person subject to the order.
(8) A
regional medical officer of health shall monitor the treatment and condition of
a person subject to an apprehension order or treatment order and shall issue a
certificate authorizing the release and discharge of the person immediately
where he or she is of the opinion that
(a) the
person is no longer infectious with a communicable disease; and
(b) discharging
the person would not present a serious risk to the health of the population.
(9) A regional medical officer of health shall
file a certificate issued under subsection (8) with the court that issued the
apprehension order or treatment order.
(10) Notwithstanding
any term or condition of an apprehension order or treatment order, the order is
terminated immediately upon the issuance of a certificate under subsection (8)
or the termination of the order under subsection 46(5).
Division 3
Health Hazard Orders
Health hazard
orders
38. (1)
An environmental health officer or a regional medical officer of health may
make a health hazard order under this section where he or she has reasonable grounds to believe
that
(a) a
health hazard exists; and
(b) the
order is necessary to prevent, eliminate, remedy, reduce or mitigate the health
hazard.
(2) A health hazard order may
(a) require
a person to take or permit to be taken samples of anything that the
environmental health officer has reason to believe is a health hazard to
determine the nature and extent of the health hazard;
(b) require
a person to have a substance or thing inspected, disinfected, decontaminated,
altered or destroyed, including by a specified person, or to move the substance
or thing to a specified premises under the supervision or instructions of a
specified person;
(c) prohibit
or restrict a person from leaving or entering a specified premises;
(d) prohibit
or restrict a person from engaging in a specified activity;
(e) require
a person to assist in evacuating a premises or examining persons found in the premises
or to take preventive measures in respect of the premises or persons found in
the premises;
(f) require
a person who is in charge of a premises to
(i) remove,
add or alter a thing in or at the premises,
(ii) take
measures to restrict or prevent entry to the premises, including by a specified
class of persons, and
(iii) preserve,
deal with or dispose of a thing in or at the premises in accordance with a
specified procedure;
(g) close a premises;
(h) require
a person to keep a substance or thing in a specified premises or in accordance
with a specified procedure or to prevent persons from accessing a substance or
thing;
(i) require
a person to require, prohibit or restrict the disposal, alteration or
destruction of a substance or thing, in accordance with a specified procedure;
(j) require
a person to provide to an environmental health officer, a regional medical
officer of health or a specified person information, records, samples or other
matters relevant to a possible infection of a substance or thing with an
infectious agent or contamination of a substance or thing with a hazardous
agent, including information respecting persons who may have been exposed to an
infectious agent or hazardous agent;
(k) require
a person to wear or use a specific type of clothing, personal effects or
personal protective equipment, or to change, remove or alter clothing or
equipment, in relation to a substance or thing;
(l) require
a person to use a type of equipment, implement a process, remove equipment or
alter equipment or processes in relation to a substance or thing;
(m) prohibit
or restrict a person from importing, distributing or selling a substance or
thing in the province;
(n) require
the manufacturer, importer, distributor or seller of a substance or thing to recall
it;
(o) declare a premises or any part of it to be
unfit for human habitation;
(p) require a person to monitor the health hazard in a specified manner
and time;
(q) require a person to provide evidence of compliance with the order, including
a certificate of compliance from a specified person;
(r) require a person to provide information or records relevant to the
order;
(s) require
a person to take measures prescribed in the regulations; or
(t) require a person to comply with this Act or
the regulations.
(3) A
health hazard order may authorize a person to take a specified action, not
including the use of force on an individual, and the authority is valid whether
or not the person has been served or is aware of the contents of the order.
(4) A
health hazard order shall not authorize a person to enter a dwelling house without
the consent of an occupant except under the authority of a warrant issued under
section 52.
(5) Notwithstanding section 40, an environmental health officer or a regional
medical officer of health may make a health hazard order orally where he or she
reasonably believes that
(a) there
is an immediate and serious risk to the health of the population; and
(b) there
is insufficient time to make a written order.
(6) An
oral order issued under subsection (5) expires 48 hours after it is made but
may be extended by a written order issued before the oral order expires.
Division 4
Orders Generally
Right to make submissions
39. Before
issuing a communicable disease order or health hazard order, the person making
the order shall, in accordance with the regulations and except where there are urgent
or exigent circumstances,
(a) advise
or take reasonable steps to notify the person who is the subject of the order;
and
(b) provide
the person with a reasonable opportunity to make submissions respecting the
order.
Contents of order
40. (1) A
communicable disease order or health hazard order shall be in writing, unless
this Act provides otherwise, and shall include
(a) the
section of this Act under which the order is made;
(b) the
grounds for making the order and the reasons for the specific actions ordered;
(c) the
person or persons to whom the order applies and who shall comply with the
order;
(d) the
details of any work or action to be performed or ceased;
(e) a
description of any substance, thing or premises that is the subject of the
order;
(f) any
conditions of the order;
(g) time
limits, including time to comply with the order, to request a review or a reconsideration,
or for mandatory review;
(h) how
a person subject to the order may have the order reviewed or reconsidered;
(i) a
statement that the order is in effect during any review or reconsideration;
(j) a
statement that failure to comply with the order may result in an application to court to enforce the order
under section 42;
(k) where the order is a
communicable disease order, a
statement that failure to comply with the order may result in an application to court for an apprehension
order under section 34 or for a treatment order under section 36; and
(l) the
date of the order and the name, title and signature of the person issuing the
order.
(2) A communicable disease order or health hazard
order may be varied, terminated or
suspended by the person who made the order or the Chief Medical Officer of
Health at any time on his or her own initiative.
(3) A communicable disease order or health hazard
order that has been varied, terminated
or suspended by the Chief Medical Officer of Health under subsection (2) shall
not be further varied, terminated, or suspended by any person other than the Chief
Medical Officer of Health.
(4) A communicable disease order or health hazard
order, including variations,
terminations or suspensions of orders, shall be served in accordance with the
regulations.
Orders requiring
an examination
41. (1) Where
an order made under this Act requires a person to be examined, the order shall
be provided to the examiner
(a) by
the person subject to the order; or
(b) by or on behalf of the person who made the
order.
(2) Where an order issued under this Act requires
a person to be examined, the order may
(a) require the examiner to provide a copy of the
results of the examination to
(i) a health care professional chosen by the person
being examined, if any, and
(ii) any other person specified in the order;
(b) require
the examiner to provide a report to a person listed in subparagraphs (a)(i) or
(ii) respecting
(i) the
examiner's recommendations, and
(ii) the
compliance or non-compliance of the person being examined with the order; and
(c) include
instructions to the examiner.
(3) Where an order made under this Act requires a
person to be examined, the examiner shall provide a copy of the results of the
examination to the regional medical officer of health who issued the order and
to the person being examined within the time prescribed in the
regulations.
(4) Notwithstanding
subsection (3), a regional medical officer of health may order an examiner not
to disclose the results of an examination to the person being examined where he
or she has reasonable grounds to believe that the disclosure may
(a) threaten
the safety or mental or physical health of another person;
(b) interfere
with public safety or the health of the population; or
(c) result in immediate and grave harm to the
safety or mental or physical health of the person.
(5) Where a regional medical officer of health
orders an examiner not to disclose the results of an examination under subsection
(4), the regional medical officer of health shall ensure that the results of
the examination are disclosed to the person who was examined as soon as practicable
and no later than 72 hours after the regional medical officer of health
receives the results of the examination.
Application to
enforce
42. A regional medical officer of health may apply
to the Supreme Court to enforce the relevant provisions of any order made under
this Act.
Performance of
work or action
43. (1) A health hazard order made under this Act may
provide that where an action required to be taken under the order is not performed
within the time specified in the order, the Chief Medical Officer of Health may
have the action performed at the expense of the person.
(2) The
Chief Medical Officer of Health may authorize a person to enter on or into the
premises that is the subject of the health hazard order and to perform the
action required under subsection (1) after the time specified in the order has expired.
(3) Notwithstanding
subsection (2), a person shall not enter a dwelling house without the consent
of an occupant except under the authority of a warrant issued under section 52.
(4) Where
a person subject to an order fails to pay the expenses related to an action
performed under subsection (1), the Chief Medical Officer of Health may issue a
certificate in respect of an amount owing by the person under the order and
file it with the Supreme Court.
(5) A
certificate issued under subsection (4) shall set out
(a) the
details of the original order, including the date it was made;
(b) the
name of the person who was subject to the original order;
(c) the
total amount owing for the reasonable expenses in performing any work or action
under subsection (1); and
(d) the
date the expenses were incurred and the manner in which they were incurred.
Service and
review of certificate
44. (1) A
certificate filed under subsection 43(4) has the same effect as if it were a judgment
of the Supreme Court for the recovery of a debt in the amount stated against
the person named in the certificate.
(2) A
copy of the certificate filed under subsection 43(4) shall be served in the
manner prescribed in the regulations on the person named in the certificate.
(3) A
person who was served a copy of the certificate filed under subsection 43(4)
may, within 30 days of being served, request that the court review the amount
owing in accordance with the regulations.
(4) After
reviewing the amount owing, the judge may
(a) confirm
the certificate where the judge is satisfied the amount is reasonable; or
(b) rescind or modify the certificate where the judge is
satisfied that the amount is not owing or not reasonable.
Division
5
Reviews of Orders
Review of orders
45. (1) A person who is subject to an order made under this
Act by an environmental health officer or regional medical officer of health,
other than the Chief Medical Officer of Health, may, in accordance with the
regulations, request a review of the order to the Chief Medical Officer of
Health by filing a written request within 30 days after the day on which the
order is served on the person.
(2) A
person who is subject to an order made under this Act by the Chief Medical
Officer of Health, other than an order confirmed or varied under this section,
may, in accordance with the regulations, request that the Chief Medical Officer
of Health reconsider the order by filing a written request for reconsideration
within 30 days after the day on which the order is served on the person.
(3) A
request for review or reconsideration shall set out
(a) the
reasons for the request;
(b) a
summary of the facts relevant to the request;
(c) whether
the order should be revoked or how it should be varied; and
(d) the
contact information of the person making the request.
(4) The Chief Medical Officer of Health shall, in
accordance with the regulations, conduct a review or reconsideration and provide a written decision including
reasons to the person who made the request by regular mail or other method in
accordance with the regulations within 30 days of the receipt of a request
under subsections (1) or (2).
Mandatory review
46. (1) The Chief Medical Officer of Health shall review
a communicable disease order or a health hazard order no less than once every
30 days while the order is in effect.
(2) Notwithstanding subsection (1), the Chief Medical Officer of Health shall review
the following orders no less than once every 48 hours while the order is in
effect:
(a) an order to isolate a person under paragraph 32(2)(b);
(b) an order to prohibit or restrict a person from attending a school, a place of employment
or other public premises or using a public conveyance under paragraph 32(2)(d);
(c) an order to remain in or not enter a specified premises under paragraph 32(2)(f)
or 32(5)(e);
(d) an order to avoid physical contact with, or be near, a person, animal or thing
under paragraph 32(2)(g);
(e) an order to be under supervision or care under paragraph 32(2)(h);
(f) an order to undergo treatment under paragraph 32(2)(m);
(g) an order to quarantine a person under paragraph 32(5)(b);
(h) an apprehension
order made under section 34; and
(i) a treatment
order under section 36.
(3) A
person who is subject to an order referred to in subsection (1) or (2) may make
submissions to the Chief Medical Officer of Health in accordance with the
regulations.
(4) The
Chief Medical Officer of Health shall consider the submissions made under subsection
(3) when reviewing the order.
(5) Where,
after reviewing the order, the Chief Medical Officer of Health reasonably believes
that the order is or conditions within the order are no longer necessary to
protect the health of the population, the Chief Medical Officer of Health shall
immediately terminate the order or vary or remove its conditions.
No appeal or
review
47. (1) An
order or decision made, confirmed or varied by the Chief Medical Officer of
Health under this Act or the regulations is final and binding.
(2) A review or reconsideration under section 45,
a review under section 46 or an appeal under section 48 shall not stay the
order or decision being reviewed, reconsidered or appealed unless the Chief
Medical Officer of Health or the judge hearing the matter decides otherwise.
Appeal of court
order
48. A
person may appeal a decision of the court regarding an apprehension order or a
treatment order made under this Act to the Court of Appeal.
PART VIII
INSPECTIONS
Inspectors
49. (1) The
following persons may act as inspectors for the purpose of this Act and the
regulations:
(a) the Chief Medical Officer of Health;
(b) a regional medical officer of health;
(c) an environmental health officer; and
(d) a person or class of persons designated by the
minister.
(2) A person shall not knowingly make a false or
misleading statement, either orally or in writing, to an inspector while he or
she is exercising powers or performing duties or functions under this Act or the
regulations.
Powers of inspectors
50. (1) An inspector may, at all reasonable times and
without a warrant, for the purpose of administering or determining compliance
with this Act or the regulations, a code of practice or an order made under
this Act or the regulations or to investigate a communicable disease or health
hazard, do one or more of the following:
(a) inspect
or examine premises, processes, books and records the inspector may consider
relevant;
(b) enter any premises;
(c) take samples, conduct tests and make copies, extracts, photographs or videos the inspector
considers necessary; or
(d) require
a person to
(i) give
the inspector all reasonable assistance, including the production of books and
records as requested by the inspector and to answer all questions relating to
the administration or enforcement of this Act or the regulations, a code of
practice or an order made under this Act or the regulations and, for that
purpose, require a person to attend at a premises with the inspector, and
(ii) make
available the means to generate and manipulate books and records that are in
machine readable or electronic form and any other means or information necessary
for the inspector to assess the books and records.
(2) Notwithstanding
subsection (1), an inspector shall not enter a dwelling house without the
consent of an occupant except under the authority of a warrant issued under section
52.
Order of regional
medical officer of health
51. (1) Where
an inspector finds that a person is not in compliance with a code of practice or an order made under this
Act or the regulations, the inspector shall report his
or her findings as soon as practicable to a regional medical officer of health
and the regional medical officer of health may order that person to comply with
the code of practice or order.
(2) An order under subsection (1) may require the
person that is subject to the order to carry out the order immediately or
within the period of time that the regional medical officer of health
specifies.
(3) A
regional medical officer of health may, in accordance with the regulations,
disclose inspection reports to the public.
PART IX
GENERAL
Warrants
52. (1) A
Provincial Court judge may issue a warrant authorizing a person named in the
warrant to enter in or on a premises, including a dwelling house, and exercise
any of the powers, functions or duties or perform any work or action specified
in an order under this Act or the regulations where the judge is satisfied by
information on oath or affirmation that there are reasonable grounds to believe
that
(a) the
order is necessary to protect the health of the population;
(b) the
warrant is necessary for the exercise of any of the powers, functions or duties
or the performance of any work or action specified in the order; and
(c) an occupant or person in charge of the premises
does not or will not consent or an attempt to obtain consent may result in an
increased risk to the health of
the population.
(2) Where an inspector
(a) is denied entry to a premises, including a dwelling
house, to carry out an inspection; or
(b) believes on reasonable grounds that there has
been a contravention of this Act or the regulations, a code of practice or an
order made under this Act or the regulations,
the inspector may file an application with
the Provincial Court
for a warrant.
(3) Where
a judge is satisfied that there are reasonable grounds to believe that an inspector
has been denied entry to a premises, including a dwelling house, to carry out
an inspection or there has been a contravention of this Act or the regulations,
a code of practice or an order made under this Act or the regulations, the judge
may issue a warrant authorizing the inspector to do one or both of the following:
(a) enter the premises and carry out an inspection
under this Act; or
(b) seize
or remove any of the books, records or other things that may be required as
evidence of the contravention and retain those documents until the time they
are required in a court proceeding.
(4) A
judge may receive and consider an application for a warrant or extension of
warrant without notice to an occupant or owner of the premises.
(5) An
occupant or owner of a premises or other person shall not obstruct a person
named in the warrant under subsection (1) or an inspector while the person or inspector
is exercising the powers and performing the duties and functions as authorized
by the warrant.
(6) At
the request of the person named in the warrant under subsection (1) or an inspector,
a peace officer shall assist in enforcing a warrant.
Telewarrants
53. (1) Where it would not be practical to appear in
person before a Provincial Court
judge to apply for a warrant, an application may be made by telephone or other
means of telecommunication.
(2) Where
a person acts under the authority of a warrant obtained under this section, the
person shall provide a facsimile of the warrant to an occupant or owner of the
premises present at the time the warrant is carried out.
(3) In subsection (2), "facsimile"
includes a record produced by electronic means or a written record of a
telephone conversation made by both parties to the conversation while it is in
progress and which the parties have confirmed as to its accuracy by reading
their record of the conversation to one another at the end of the conversation.
Protection of persons
54. (1)
A person who reports a reportable
event or who reports to an inspector or peace officer a violation or suspected
violation of this Act or the regulations, a code of practice or an order made
under this Act or the regulations is not liable to a civil action in respect of
the allegation contained in the report or for anything done in good faith to
assist an inspector or peace officer in an inspection or investigation.
(2) A
person shall not dismiss, suspend, discipline, demote, harass or otherwise
disadvantage or penalize an individual where
(a) the
individual, acting in good faith and on the basis of reasonable belief, has
disclosed to an inspector or peace officer that another person has contravened
or is about to contravene a provision of this Act or the regulations;
(b) the
individual, acting in good faith and on the basis of reasonable belief, has
done or stated an intention of doing an act that is required to be done in
order to avoid having a person contravene a provision of this Act or the
regulations;
(c) the
individual, acting in good faith and on the basis of reasonable belief, has
refused to do or stated an intention to refuse to do an act that is in
contravention of this Act or the regulations;
(d) the individual reports a reportable event; or
(e) another
person believes that the individual will do an act described in paragraph (a),
(b), (c) or (d).
Protection from
liability
55. The minister, the Chief Medical Officer of
Health, a regional medical officer of health, an environmental health officer,
an inspector, a regional health authority or other person is not personally
liable for anything done or omitted in good faith in the exercise or performance,
or intended exercise or performance, of
(a) a
power, duty or function conferred or imposed upon him or her by this Act, the
regulations or an order made under this Act or the regulations; or
(b) a
power, duty or function on behalf of or under the direction of a person on whom
the power, duty or function is conferred or imposed by this Act, the
regulations or an order made under this Act or the regulations,
or for the costs in
connection with an action or proceeding.
Offence
56. (1) A person who contravenes this Act or the
regulations, a code of practice or an order made under this Act or the
regulations is guilty of an offence and liable on summary conviction
(a) for
a first offence,
(i) where the person is an individual, to a fine of not less than $500 and not more
than $2,500 or to imprisonment for not more than 6 months or to both a fine and
imprisonment, or
(ii) where the person is a corporation, to a fine of not less than $5,000 and not more
than $50,000; or
(b) for
a subsequent offence,
(i) where the person is an individual, to a fine of not less than $500 and not more
than $5,000 or to imprisonment for not more than 6 months or to both a fine and
imprisonment, or
(ii) where the person is a corporation, to a fine of not less than $5,000 and not more
than $100,000.
(2) Each
contravention of this Act or the regulations, a code of practice or an order
made under this Act or the regulations constitutes a new and separate offence.
(3) Where
an offence under this Act or the regulations is committed or continued on more
than one day, the person who committed the offence is liable to be convicted
for a separate offence for each day on which the offence is committed or
continued.
(4) Where
a person is convicted of an offence under this Act or the regulations, in
addition to another punishment that may be imposed under this Act, the court
may, having regard to the nature of the offence and the circumstances
surrounding its commission, make an order requiring the person to comply with
those conditions that the court considers appropriate in the circumstances for
securing the person's good conduct and for preventing the offender from
repeating the same offence or committing other offences.
Liability of corporate
officers
57. Where a corporation commits an offence under
this Act or the regulations, any officer, director or agent of the corporation
who directed, authorized, assented to, acquiesced in or participated in the offence
is guilty of the offence and is liable to the punishment provided for the
offence as an individual, whether or not the corporation has been prosecuted.
Limitation period
58. A prosecution for an offence under this Act or the
regulations shall be commenced within 2 years of the date of discovery of the offence.
Lieutenant-Governor
in Council regulations
59. The
Lieutenant-Governor in Council may make regulations
(a) respecting the prevention and control of
communicable diseases and health hazards in relation to the handling, storage,
transportation, interment, disinterment, reinterment and disposal of dead
bodies;
(b) respecting any industry or occupation that may
be injurious to health, including
(i) the use of hazardous agents,
(ii) the abatement of unsanitary conditions or
conditions dangerous to the health of the population, and
(iii) the protection of the health of persons exposed
to conditions, substances or processes;
(c) respecting health hazards, including their
detection, prevention, prohibition, reduction, mitigation and activities and
matters that create, cause or contribute to health hazards;
(d) respecting the hospitalization, treatment and
isolation of persons who have a communicable disease or are infected with an
infectious agent;
(e) respecting the restriction or prohibition of
work by persons infected with or exposed to a communicable disease;
(f) respecting personal health information and
records established under this Act, including the collection, security,
maintenance, access, use and disclosure of personal health information;
(g) respecting public health surveillance,
including the collection, protection and sharing of personal health information
across jurisdictions;
(h) respecting the duty to notify and protect
individuals, a group or the general public from risks to the health of the
population;
(i) respecting public health emergencies,
including
(i) the control of the movement of people and public
conveyances, and
(ii) the procurement, distribution and availability
of medical supplies, aid, equipment and health services;
(j) respecting disease prevention measures,
including the immunization of humans and the supply and distribution of
vaccine;
(k) respecting the detection, investigation,
notification, treatment, prevention and control of communicable diseases,
non-communicable diseases and other health conditions;
(l) respecting the medical and dental inspection
of children and the occupants of any institution for the purpose of prevention
and control of communicable diseases, non-communicable diseases and other
health conditions;
(m) respecting the content, timing and disclosure
of inspection reports;
(n) respecting the inspection, sampling, testing,
examination and analysis of persons, premises or things in relation to communicable
diseases or health hazards, including orders in respect of those matters;
(o) respecting the enforcement of this Act and the
regulations, including the issuing of orders in relation to persons, premises
or things and the seizure, detention, return and forfeiture of things under
this Act;
(p) respecting the consideration of the health of
the population in the development of laws, policies and measures under section
6;
(q) respecting the process for developing a code
of practice under section 19 and the manner in which consultations are held;
(r) prescribing actions that may be required or
prohibited in a communicable disease order issued under section 32;
(s) prescribing residential facilities that may be
included in a communicable disease order issued under subsection 32(7); and
(t) prescribing measures to be taken under a
health hazard order issued under section 38.
Ministerial regulations
60. The
minister may make regulations
(a) respecting health standards related to the location,
design, construction, operation and use of
(i) establishments that provide accommodation,
including hotels, bed and breakfasts and lodging houses,
(ii) recreational facilities, including public
pools, saunas, hot tubs, public parks and playgrounds, and any adjoining facilities,
(iii) camps, and
(iv) laundry and dry cleaning facilities;
(b) respecting health standards related to the location,
design, construction, operation and use of water supply systems intended to be
used for human consumption;
(c) respecting the issuance, variation,
suspension, cancellation and renewal of licences, permits and approvals under
section 8 and the terms and conditions attached to licences, permits and
approvals;
(d) respecting sewage and sewage systems, including
(i) the location, design, construction and
operation of sewage systems,
(ii) the collection, handling, storage and
transportation of sewage, and
(iii) health standards for sewage systems;
(e) respecting the qualifications of and the
process of approval for a person to be registered as an approved designer for
the purpose of determining whether sites are suitable for the installation of
sewage systems and designing sewage systems for sites that are suitable;
(f) respecting waste and waste disposal systems,
including
(i) the location, design, construction and
operation of waste disposal systems,
(ii) the collection, handling, storage and transportation
of waste, and
(iii) health standards for waste disposal systems;
(g) prescribing and classifying communicable
diseases, non-communicable diseases, health hazards and zoonotic diseases;
(h) prescribing factors that contribute to
non-communicable diseases;
(i) respecting the Chief Medical Officer of
Health, regional medical officers of health, environmental health officers, inspectors
appointed under this Act and public health personnel, including
(i) required qualifications,
(ii) duties, powers and functions, and
(iii) the criteria that a person must use in
exercising a power under this Act or the regulations in addition to any other
criteria established under this Act;
(j) respecting the service of orders and documents
under this Act;
(k) respecting the manner in which notice required
under this Act is given;
(l) providing for the supply of medical aid and
hospital accommodation that may be considered necessary for mitigating
communicable diseases and infectious agents;
(m) respecting standards for public health laboratories;
(n) prescribing qualifications for persons
operating or working in public health laboratories;
(o) prescribing a class of persons as health care
professionals;
(p) prescribing a program or service as a core public
health program or service;
(q) respecting the publication of reports required
under this Act;
(r) respecting the contents and publication of a
public health plan prepared under paragraph 7(1)(a) or paragraph 7(2)(a);
(s) prescribing who shall make a report, and the
content and timing of reports, under sections 23, 24 and 25;
(t) respecting the manner of making a submission under
subsection 20(3), paragraph 39(b) or subsection 46(3) of the Act;
(u) prescribing the time within which examination
results shall be provided under subsection 41(3);
(v) respecting the manner of issuing, filing and
reviewing a certificate for recovery of costs under section 43; and
(w) prescribing the procedure respecting
reconsiderations and reviews under section 45, including the timing of the
filing of documents in relation to the review or reconsideration.
Adoption of rules or standards
61. (1) The Lieutenant-Governor in
Council or the minister may, in addition to or instead of regulations made
under sections 59 or 60, adopt by reference and constitute as regulations the
whole or part of provisions of a code adopted or standards fixed with or
without modification, and including amendments to the code or standard of an
organization acceptable to the minister.
(2) A certificate of the
minister that a document is a copy of a code or standard referred to in subsection
(1) or an extract from, a modification of, or an amendment to, a code or
standard is without further proof presumptive evidence of the content of that code,
standard, extract or amendment.
Fees and forms
62. The
minister may prescribe fees and forms for the purpose of this Act.
Review of Act
63. The
minister shall, every 5 years, conduct a review of this Act and the regulations
and consider the areas which may be improved.
SNL1995 cP-37.1
Amdt.
64. Sections 5, 7 and 10 of the Health and Community Services Act are
repealed.
RSNL1990 cC-26
Rep.
65. The
Communicable Diseases Act is
repealed.
SNL2012 cP-7.2
Amdt.
66. Paragraph 2(c) of the Personal Services Act is amended by deleting the reference "Communicable
Diseases Act" and substituting the reference "Public Health
Protection and Promotion Act".
Commencement
67. This Act comes into force on July 1, 2019.
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