First

Session, 49th General Assembly

Elizabeth II, 2020

BILL 38

AN ACT TO AMEND THE

PUBLIC HEALTH PROTECTION AND PROMOTION ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN HAGGIE

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Public Health Protection and Promotion Act to

allow the Minister of Justice

and Public Safety, upon the request of and following consultation with the

Minister of Health and Community Services, to authorize peace officers to

enforce measures taken by the Chief Medical Officer of Health under subsection

28(1) of the Act during a public health emergency, including the authority to

detain individuals and to convey individuals to a point of entry in the

province;

clarify that the powers of

inspectors apply to measures taken under the Act;

allow inspectors to require an

individual to stop a motor vehicle;

include the Minister of Justice

and Public Safety and peace officers in the protection of liability provision

in the Act; and

clarify that the protection of

liability provision in the Act also applies in relation to measures taken under

the Act or the regulations.

A BILL

AN ACT TO AMEND THE PUBLIC HEALTH

PROTECTION AND PROMOTION ACT

Analysis

S.28.1 Added

Enforcement

of measures

S.50 Amdt.

Powers of inspectors

S.55 R&S

Protection

from liability

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2018 cP-37.3

1. The Public

Health Protection and Promotion Act is amended by adding immediately after

section 28 the following:

Enforcement of

measures

28.1

(1) While

a measure taken by the Chief Medical Officer of Health under subsection 28(1)

is in effect, the Minister of Justice and Public Safety may, upon the request

of and following consultation with the minister, authorize a peace officer to

do one or more of the following:

(

a) locate an individual who is in contravention

of the measure;

(

b) detain an individual who is in contravention

of the measure;

(

c) convey an individual who is in contravention of

the measure to a specified location, including a point of entry to the province;

and

(

d) provide the necessary assistance to ensure

compliance with the measure.

(2) A peace officer who detains or conveys an

individual under subsection (1) shall promptly inform the individual of

(

a) the reasons for the detention or conveyance;

(

b) the individual's right to retain and instruct

counsel without delay; and

(

c) the location to which the individual is being

taken.

2. Subsection 50(1) of the Act is repealed and the

following substituted:

Powers of

inspectors

(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 a measure taken 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 a measure taken or an order made

under this Act or the regulations and, for that purpose, require a person to stop

a motor vehicle or 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.

Section 55 of the Act is repealed and the

following substituted:

Protection from

liability

55. The

minister, the Minister of Justice and Public Safety, the Chief Medical Officer

of Health, a regional medical officer of health, an environmental health

officer, an inspector, a regional health authority, a peace officer 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 a measure taken 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 a measure taken or an

order made under this Act or the regulations,

or for the costs in connection with an

action or proceeding.

Queen's Printer