Bill 25 — Second Session, 20Th Legislature, 33 Euzabeth Ii the Legislative Assembly of Alberta Bill 25 Public Health Act Mrs. Koper (Legislature 20, Session 2)

L20 S2 3497

Alberta — Bills

1984 BILL 25 Second Session, 20th Legislature, 33 EUzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 25 PUBLIC HEALTH ACT MRS. KOPER First Reading Second Reading Committee ofthe Whole Third Reading Royal Assent nw r%ui

Bin 25 Mrs. Koper BILL 25 1984 PUBLIC HEALTH ACT (Assented to , 1984) TABLE OF CONTENTS

Definitions 1 PARTI PUBLIC HEALTH APPEAL AND ADVISORY BOARD EstabUshment of Board 2 Duties of Board 3 Appeal to Board 4 Stay pending appeal 5 Annual report 6

PART 2 HEALTH UNITS Estabhshment of health units 7 Contents of order 8 Federal land in health units 9 Alteration and disestablishment 10 Appointment of local boards 11 Hospital board as local board 12 Mimster may appoint 13 Officers, vacancies, etc. 14 Meetings 1S Powers of local boards 16 Staff, offices, etc. 17 Delegation by local board 18 Pension coverage 19 Provision of services by local board 20 Nursing treatment services 21 Provision of services by Minister 22

PART 3 ADMINISTRATION Administrative powers 23 Dismissal of local board 24 Agreements 25 Payment of grants to local boards 26 Auditors and financial statements 27 Financial assistance 28 Reports and retums 29 Inspection by Minister 30

PART 4 COMMUNICABLE DISEASES Notification Discovery and treatment of infection 31 Notification of change of address ^^ Notification of communicable disease ^ J Discovery in laboratory ^ Disease outside of boundaries ^^ Notification in case of epidemic ^^ Duty to notify Director ^' Weekly

summary Isolation, Quarantine and Special Measures 10 Isolation and quarantme •'' Entry for examination Examination .^ Notices ., Effect of isolation and quarantine J^ Provision of services Decontamination Transportation of infected person Epidemics Notification of epidemic Order of Lieutenant Govemor m Council Recalcitrant Patients Unauthorized absence Leave of absence Protection from Uabihty PARTS GENERAL Inspections and Orders 46 47 48 Issue of certificate Authority of certificate Release Notification of release Treatment after release Isolation order Authority of isolation order ^^ Cancellation of isolation order ^° Warrant for examination ,„ Duty on issue of isolation order 58 AppUcation to court for canceUation ^^ 60 Transfer to another faciUty ^\ 62 General Confidentiality of communicable diseases information ^ AppUcation to court ^Ji Offence y^ Provision of names Delegation of authority ^' 68 Inspection of place other than private dweUing "^ Inspection of private place ^" Application to court ^^ Order 72

Recovery ofcosts 73 Notice of health hazard 74 Regulations Regulations 73 Miscellaneous Service of documents 75 VaUdity of documents 77 Intoxicating gas or vapour 73 Obstruction 79 Destruction of notice 80 Penalty 81 PubUshing contraventions 82 Paramountcy 83 Transitional 84-86 Consequential 87-105 Repeals 106 Coming into force 107 HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as foUows:

Definitions 1 In this Act, (a) "biological agent" includes sera, immune globulins, vaccines and toxoids; (a.l) "Board" means the Public Health Appeal and Advisory Board estabhshed under

section 2; (b) "carrier" means a person who, without apparent symptoms of a commimicable disease, harbours and may disseminate an infectious agent; (b.l) "certificate" means a compulsory examination and treat ment certificate; (c) "communicable disease" means an illness that is caused by an organism or micro-organism or its toxic products and is trans mitted directly or indirectly from an infected person or animal or the environment; (c.I) "commimity health nurse" means a registered nurse who is employed by a local board or in the Department; (d) "contact" means any person or animal suspected to have been in association with an infected person or animal or a con taminated environment to a sufficient degree to have had the opportunity to become infected; (d.l) "contamination" means the presence of an infectious agent on a body surface, or on or in an inanimate

article or substance including food; (e) "coimcil" means (

i) the council of a city, town, village, summer village, mu nicipal district or county,

(ii) the board of administrators of a new town, (iii) in the case of an improvement district or a special area, the Minister of Mimicipal Affairs or a person he designates in writing for the purpose, and (iv) in the case of a Metis settiement, the Minister of Munic ipal Affairs or a person he designates in writing for the pur pose; (e.l) "Department" means the Department of which the Mmis ter is charged with the administration; (f) "Director" means a Director appointed by the Minister for the purposes of

Part 4; (fl) "disinfection" means the destruction of infectious agents outside the body by any means; (g) "disinfestation" means the destruction or removal, by any physical or chemical process, of animal forms present on domes tic animals or humans or in the environment; (g.I) "epidemic" means the occurrence in a community of per sons of a number of cases of a communicable disease in excess of normal expectations; (h) "executive officer" means a person designated as an executive officer under

section 17, and includes a medical officer of health; (h.

I) "facility" means any place where a person can receive treat ment for communicable diseases; (i) "health practitioner" means any person who provides health care or treatment to any person; (i.l) "hospital" means an approved hospital as defined m the Hospitals Act; G) "immunization" means the administration of a biological agent to a person to increase that person's resistance to the effect of an infectious agent or its toxic products; (j.l) "infection" means the entry and multiplication of an mfec- tious agent in the body of a person or animal; (k) "infectious agent" means an organism or micro-organism that is capable of producing a communicable disease; (k.l) "institution" means a correctional institution as defined m the Corrections Act, a facUity as defined in the Mental Health Act, a nursmg home within the meaning of the Nursing Homes Act, and a social care facUity as defined in the Social Care Facilities Licensing Act; (1) "isolation" means the separation of a person or animal m- fected with a communicable disease from other persons or ani mals for the period of infectivity in a place and under conditions that wiU prevent the du-ect or indirect conveyance of the infec tious agent from the infected person or animal to a susceptible person or animal;

(m) "laboratory" means a medical diagnostic laboratory where examinations of specimens of blood, spinal fluid, sputum, stool, urine, gastric washings, exudate or other specimen or discharge derived from a body are made for the purpose of determining the presence or absence of an infectious agent; (n) "legal representative" means a lawyer, an executor or admin istrator ofthe estate of a deceased person, the trustee or guardian of a dependent adult imder the Dependent Adults Act and the trustee or guardian of a minor, (o) "medical officer of health" means a physician appointed by a health unit or designated by the Minister under this Act as a medical officer of health; (p) "Minister" means the member of the Executive Council charged by the Lieutenant Govemor in Council with the admin istration ofthis Act; (q) "municipaUty" means a city, town, new town, viUage, sum mer viUage, municipal district, county, improvement district, special area and Metis settlement; (r) "nuisance" means a condition that is or that might become injurious or dangerous to the pubUc health, or that might hinder in any manner the prevention or suppression of disease; (s) "ownef" means the registered owner, and any person in the actual or apparent possession or control of land or a premises; (t) "private place" means (

i) a private dwelUng, and (

u) privately owned land, whether or not it is used in con nection with a private dwelUng; (u) "pubUc place" includes any place in which the pubhc has an interest arising out ofthe need to safeguard the pubhc health and includes, without limitation, (

i) pubUc conveyances and stations and terminals used in connection with them, (

u) places of business and places where business activity is carried on, (iii) learning institutions, (iv) institutions, (

v) places of entertainment or amusement, (vi) places of assembly, (vii) dining facilities and licensed premises, (viu) accommodation facilities, (ix) recreation faciUties, (

x) medical, health, personal and social care facilities, and

(xi) any other building, structure or place visited by or acces sible to the public; (v) "quarantine" means (

i) in respect of persons or animals, the limitation of freedom of movement and contact with other persons or animals, and (ii) in respect of premises, the prohibition against or the lim itation on entering or leaving the premises, during the incubation period of the communicable disease in re spect of which the quarantine is imposed; (w) "school" means (

i) a school operating under the School Act or the Department of Education Act, or both of them, (ii) a place where an early childhood services program is of fered or provided, and (iii) a day care facility licensed under the Social Care Facili ties Licensing Act; (x) "sexually transmitted diseases clinic" means a clinic operated by the Minister or a local board for the purposes of prevention and treatment of sexually transmitted diseases; (y) "teacher" includes an instructor, lecturer, professor, principal, president, supervisor or superintendent of any school, coUege, university, technical institute or other place of learning; (z) "terminal decontamination" means the decontamination of (

i) the clothing of a person, (ii) the physical environment of a person, (iii) the contents ofthe isolation room, and (iv) any

article or piece of equipment used in the diagnosis or treatment of a person af^er the person has been removed from isolation or has ceased to be a source of infection or after isolation procedures have been discontinued. PARTI PUBLIC HEALTH APPEAL AND ADVISORY BOARD of Sard ""^"^ ^^^^ ^^^^^ ^^ hereby established a Public Health Appeal and Advi sory Board consisting of not fewer than 7 but not more than 11 members who shall be appointed by the Lieutenant Govemor in Council.

(2) The Lieutenant Govemor in Council shall designate the chair man and vice-chairman ofthe Board.

(3) The vice-chairman shall act as chairman in the event ofthe ab sence or inability to act ofthe chairman.

(4) The members of the Board shaU elect from then- number an altemate vice-chairman, who shaU act as chairman m the event of the absence or inabiUty to act ofthe chairman and vice-chairman.

(5) The vice-chairaian and altemate vice-chauman when acting under subsection (3) or (4) have the authority and duties ofthe chairman.

(6) The members ofthe Board shaU be appointed for terms not ex ceeding 3 years and may be reappointed for not more than 2 consec utive additional terms, each not exceeding 3 years.

(7) A member ofthe Board continues to hold office after the expiry of his term until (

a) the expiration of 30 days, or (

b) his successor is appointed, whichever occurs first.

(8) At least 1/2 ofthe members appointed constitutes a quomm at a meeting of the Board.

(9) The Board shaU meet at the request of the Lieutenant Govemor in Council, at the caU of the chairman and at the times fixed by resolution ofthe Board.

(10) The Board may make rules governing the calling of meetings, the procedurfe to be used at meetings and the conduct ofthe meetings.

(11) Members of the Board (

a) shaU be paid remtmeration at the rates prescribed by the Lieutenant Govemor in Council, and (

b) shaU be paid their reasonable traveUing and Uving expenses while absent fi^om their ordinary places of residence and in the course of their duties as members of the Board, at the rates pre scribed by the Lieutenant Govemor in Council.

(12) The Minister may provide clerical and secretarial services re quired by the Board. Duties of Board 3(1) The Board (

a) shaU advise the Minister on matters pertaming to the pubhc health; (

b) shaU, on being requested to do so by the Minister, (

i) make mvestigations or inquiries into, (

u) collect infonnation relating to, or (iii) conduct research into any matter relating to the public health, and make its report in the manner and at the time specified by the Minister; (

c) shall, on being requested to do so by an order ofthe Lieuten ant Governor in CouncU, hold public hearings for the purpose of receiving submissions on matters pertaining to the public health

specified in the order, and make its report to the Minister in the manner and at the time specified in the order; (

d) may engage the services of persons having special technical, professional or other knowledge in connection with an investi gation, inquiry, research or public hearing it conducts; (

e) shaU hear appeals pursuant to

section 4.

(2) The Minister may from time to time authorize the payment of sums of money to the Board to obtain suppUes and services that in his opinion are required by it to exercise any powers and to perform any ofthe duties and functions under subsection 1(b), (

c) and (d). Appeal to Board 4(1) In this scctiou, "dccision of a local board" means (

a) an order issued under

section 72, and (

b) a decision to issue or to cancel, suspend or refuse to issue a licence, permit or other approval provided for in the regulations, and any other decision in respect of which an appeal to the Board is permitted under the regulations, whether any of those decisions is made by the local board itself or one of its employees or agents.

(2) A person who (

a) is directly affected by a decision of a local board, and (

b) considers himself aggrieved by the decision may appeal the decision to the Board.

(3) The person referred to in subsection (2) shall commence the ap peal by serving a notice of appeal in the prescribed form on (

a) the chairman ofthe Board, and (

b) the chairman of the local board within 10 days after receiving notice ofthe decision complamed of

(4) Subject to subsections (5) and (6), the Board shaU, if it is satisfied that the requirements of subsection (2) have been met, hear the ap peal within 30 days after receiving the notice of appeal.

(5) Where the Board is satisfied that the appeUant and the local board, or either of them, have not made a reasonable effort to resolve the matters in dispute between them, it may refer the matter to the local board for further consideration and redetermination.

(6) Where the Board refers a matter to the local board under subsec tion (5), the Board may prescribe a time period within which the local board must deal with the matter and may give to the local board any other directions it considers appropriate.

(7) The Board shall provide the appellant, the local board and, in a case where the decision or order appealed from was made by an employee or agent of the local board, that employee or agent, an opportunity to appear and make representations orally or in writing, or both orally and in writing.

Stay pending appeal

(8) The appeUant, the local board and, where the decision or order appealed from was made by an employee or agent ofthe local board that employee or agent, may be represented by counsel.

(9) Notwithstanding subsections (3) and (4), the Board may if it considers it appropriate to do so, extend the time within which an appeal may be taken under subsection (3) or within which the Board must act under subsection (4).

(10) For the purposes of conducting an appeal under this section, the Board has aU ofthe powers, privUeges and immunities of a commis sioner appointed under the Public Inquiries Act.

(11) The Board may confirm, reverse or vary the decision ofthe local board and shaU give written notice of its decision to the appeUant and the local board. 5 An appeal taken pursuant to

section 4 does not operate as a stay ofthe decision appealed from except so far as the chairman or vice- chairman ofthe Board so directs. Annual report 6(1) The Board shaU make a report in each year to the Minister (

a) summarizing generally its activities and affairs in the preced ing year, and (

b) containing any report made by it under

section 3(1 )(

b) or (

c) during thc preceding year.

(2) On receiving the report under subsection (1), the Minister shall lay a copy of it before the Lcjgislative Assembly if it is then sitting, and if it is not then sitting, within 15 days after the commencement of the next ensuing sitting.

PART 2 HEALTH UNITS EstabUshment of 7(1) The Licutcnant Govemor in Council may establish any area of health units AII-_^I»I- Alberta as a health unit.

(2) A health unit shall be administered by a local board. Contents of order 8(1) TUc ordcr of the Lieutcuant Govemor in CouncU establishing a health unit shall (

a) establish the boundaries of the health unit and, where appli cable, divide it into wards, and (

b) prescribe the date on which the health unit comes into oper ation.

(2) If a health unit contains, in whole or in part, 2 or more munici palities, it shall be divided into wards. federal land in health units 9(1) If a national park, penitentiary, defence estabUshment or Indian reserve is surrounded by or is adjacent to a health unit, the local board may, with the approval of the Minister, enter into agreements for the purpose of extending the services of the health unit to the national park, penitentiary, defence establishment or Indian reserve.

Alteration and disestablishment Appointment of local boards

(2) If a national park or an Indian reserve is surrounded by or is adjacent to a health unit, the Minister may, subject to the approval of the Lieutenant Govemor in CouncU and the local board, enter into agreements whereby the health unit may be extended to mclude the national park or Indian reserve.

(3) The Minister may, subject to the approval of the Lieutenant Govemor in CouncU, enter into agreements to estabUsh the area constituting a national park or an Indian reserve as a health unit.

(4) An agreement entered into under subsection (3) shaU (

a) notwithstanding anything in this Act, make whatever provi sions are considered necessary respecting the estabUshment and constitution ofthe local board ofthe health uiut, and (

b) make any other provisions of this Act or the regulations that are considered advisable, either as they appear in this Act or the regulations or as amended by the agreement, appUcable to the local board and the health unit. 10(1) The Lieutenant Govemor in CouncU may alter the boundaries of a health unit and, where applicable, the boundaries of the wards.

(2) The Lieutenant Govemor in CouncU may disestabUsh a health unit and the order shaU provide for aU matters pertaining to the winding-up of its affairs. 11(1) If the boundaries of a health unit are coterminous with the boundaries of 1 municipaUty, the councU of that municipaUty shall appoint not fewer than 5 nor more than 11 persons as members of the local board of the health unit, and at least 1 member shaU be a member of the councU of the municipaUty and at least 1 member shaU be a member of the pubUc.

(2) If a health unit is divided into wards, 1 member representing each ward shall be appointed to the local board in accordance with subsection (3).

(3) If a health unit contains, in whole or in part, 2 or more munici palities, (

a) the councU ofthe municipality that has the largest population in a particular ward shall, in consultation with the councUs ofthe other muiUcipalities in the ward, appoint a person as the member ofthe local board representing that ward, and (

b) if I municipality has the largest population in 2 or more wards, the council of that municipaUty shaU, with respect to at least 1 of those wards, appoint a member of a councU of a mu nicipahty in the ward as the member of the local board repre- sentmg the ward for the purposes of clause (a).

(4) A person appointed as a member of a local board under subsec tion (1) must be a resident ofthe municipality.

(5) A person appomted as a member of a local board under subsec tion (3), other than a person who is a member of a councU, must be a resident ofthe ward he is appomted to represent 10

Hospital board as local board Minister may appoint OflScers, vacancies, etc. Meetings

(6) No employee of a local board or any municipality within the health unit may be appointed as a member ofthe local board.

(7) Where the council of a municipaUty appoints a member of the public as a member of a local board under subsection (1) or (3), the councU shaU invite nominations for the appointment from the pubhc in accordance with the regulations.

(8) A member of a local board shall be appointed for a term of not more than 3 years and is eligible for reappointment for not more than 2 consecutive additional terms, each not exceeding 3 years.

(9) A member of a local board continues to hold office after the expiry of his term imtU (

a) the expiry of 30 days, or (

b) his successor is appointed, whichever occurs first, 12 Notwithstanding anything in this Act, where the boundaries of a health unit are coterminous with the boundaries of a hospital dis trict and the councils of aU the municipahties wholly or partly within the health unit agree by resolution, the councils may declare that the board of the hospital district shaU be the local board of the health unit for the p;urposes of this Act. 13 If a council or councUs fail to comply with sections 11 and 12 or if a local board is at any time improperly constituted under this Act, the Minister may make whatever appointments and do any other things that are necessary to properly constitute the local board. 14(1) The members of a local board shall elect from among them selves (

a) a chairman, and (

b) a vice-chairman to act as chairman in the event of the ab sence or inability to act of the chairman.

(2) When the office of a member of a local board is vacated for any reason other than expiration of his term of office, a person may be appointed in the same manner as the former member was appointed for the remainder of the former member's term.

(3) At least 1/2 ofthe appointed members constitutes a quomm at a meeting of a local board. 15(1) A local board shall hold meetings at least 8 times a year.

(2) A meeting of a local board shall be open to the public unless the local board considers that, having regard to the matters to be dealt with at the meeting, it would be advisable to hold the meeting or part of it in private,

(3) A decision of the local board to hold a meeting, or a part of a meeting, in private under subsection (2) shaU be made by a resolution ofthe local board and shaU be recorded in the minutes. 11

Powers of 16(1) A local board is a corporation. local boards

(2) A local board may (

a) invest for any purpose and in any manner prescribed in the regulations any fimds not required for immediate use, (

b) acquire, hold and dispose of real property, subject to the reg ulations, and (

c) borrow money in the manner, at the rate of interest, pursuant to the terms, for the periods and for the purposes prescribed m the regulations.

(3) A local board may authorize the payment to the members ofthe local board of (

a) remuneration for carrying out their duties as members, and (

b) reasonable allowances for traveUing, subsistence and out of pocket expenses incurred while carrying out their duties as mem bers.

(4) Subject to subsection (3), a local board shaU not employ the services of any of its members in any capacity for remuneration or reward. staff, offices, etc. 17(1) A local board shall (

a) provide the office accommodation and equipment required for the work ofthe health unit; (

b) determine the location of the office or offices of the staff of the health unit; (

c) employ the staff" required for the operation ofthe health unit; (

d) appoint as a member of its staff a medical officer of health; (

e) designate members of its staff as executive officers for the purpose of carrying out this Act and the regulations; (

f) designate a member of its staff as chief executive officer of the health unit, who is responsible to the local board for the management and administration ofthe health programs and ser vices and the business affairs of the local board; (

g) do all things necessary to administer the health unit.

(2) The Minister may appoint a medical officer of health as an em ployee of a local board if the local board fails to do so. Delegation by local board 18 A local board may delegate to any of its employees or officers any of the powers, duties and fimctions ofthe local board relative to the provision of the services, suppUes, equipment and care referred to in

section 20. Pension coverage 19(1) A loCal board (

a) may make appUcation to the pension board charged with the administration of the appropriate pension plan for pension cov erage under the appropriate pension plan for its staff, and 12

Provision of services by local board Nursing treatment services (

b) is authorized to make the appropriate employer contributions to the plan,

(2) For the purposes of tius section, "appropriate pension plan" means a pension plan (

a) estabhshed under one of the pension Acts as defined in sec tion 5(lXa), (

c) or (

d) ofthe Pension Fund Act. or 0)) designated by the Lieutenant Govemor in CouncU as an ap propriate pension plan. 20 A local board (

a) ShaU provide the preventive, diagnostic, treatment, rehabUi- tative and palUative services, supplies, equipment and care that the regulations require it to provide, and (

b) may provide any other preventive, diagnostic, treatment, re- habiUtative and paUiative services, suppUes, equipment and care that the regulations permit it to provide. 21(1) A commimity health nurse may provide any treatment or emergency service provided for in the regulations.

(2) No liability attaches to a community health nurse by reason of

an act of a preventive or emergency treatment nature done in good faith by the i^urse in performing the duties that the nurse is author ized or required to perform under the regulations. 22(1) The Minister may provide to residents of Alberta any of the preventive, diagnostic, treatment, rehabUitative or palliative ser vices, suppUes, equipment or care prescribed in the regulations to be provided by a local board (

a) where there is no health unit estabhshed in that area, or (

b) where there is a health unit established but the local board is unable to provide the services, supplies, equipment or care to the standards prescribed in the regulations.

(2) The Minister may provide to any person any preventive, diag nostic, treatment, rehabilitative or pUliative services, supplies, equipment and care and any dmgs, medicines and biological agents prescribed in the regulations, other than services, supplies, equip ment, care, dmgs, medicines or biological agents provided for under the Alberta Health Care Insurance Act or the Hospitals Act.

PART 3 ADMINISTRATION ^dniinistrative 23(1) The Minister may in writing delegate any power, duty or func tion conferred or imposed on him by this Act or the regulations, except the power to make regidations, to a local board, an employee in the Department or a member, officer or employee of an agent of the Crown in right of Alberta.

(2) The Minister may designate a physician employed by the De partment as a medical officer of health for the purpose of

Part 4. Provision of services by Minister 13

Dismissal of local board Agreements Payment of grants to local boards Auditors and financial statements 24(1) The Minister may for cause dismiss a local board and appoint an official administrator in its place.

(2) An official administrator appomted under subsection (1) (

a) has all the power and authority conferred by this Act and the regulations on a local board, (

b) shall perform all the duties imposed on a local board by this Act and the regulations, and (

c) shall be paid a salary determined by the Mmister, together with proper expenses, as an operating expense of a health unit.

(3) The Minister may, by order, restore the affairs ofthe health unit to a local board estabhshed in accordance with

section 11 or 12, and the Minister may, in the order, direct the council or councils of the mimicipality or municipalities in the health unit to appoint the local board within a period of time prescribed by him.

(4) The appointment of the official administrator automaticaUy ter minates on the effective date of the appointment of the local board under subsection (3). 25 The Minister may enter into agreements with (

a) the govemment of another jurisdiction, and (

b) any person or association of persons, for the purpose of carrying out this Act. 26(1) A local board shall, before each fiscal year, prepare a budget of its estimated revenues and expenses for that fiscal year, and shaU submit a copy to the Minister in the form and manner and prior to the date prescribed in the regulations.

(2) On the submission of the budget the Minister may pay grants to the local board for health unit services provided in that fiscal year, in the manner and in the amounts that he considers appropriate. 27(1) A local board shall appoint an auditor and shall fix his rate of remuneration.

(2) An auditor appointed by a local board must not be a member or employee of the local board and must not be a party to or have any interest in any contract made by the local board in any capacity except that of auditor.

(3) The financial records, books and accounts of a health unit shaU be audited by the auditor and copies ofthe report ofthe auditor and the audited financial statements shaU be sent to the chairman ofthe local board, and the chairman shall send a copy of the report and audited financial statements to each member of the local board and the Minister within 90 days after the end of each fiscal year of the local board.

(4) Financial statements prepared pursuant to this

section shall be prepared in accordance with the regulations. 14

Financial assistance Reports and retums Inspection by Minister

(5) A local board may, subject to the regulations, retain at the end of a fiscal year aU or part ofthe unexpended balance ofthe operatmg revenue that is shown to be surplus by the audited financial state ments prepared pursuant to this section.

(6) A local board shaU prepare financial statements quarteriy in the form and manner prescribed by the Minister and shall forward a copy of those statements to the Minister withm 30 days after the end of each quarter. 28 In special and unusual circumstances, where a local board is faced with expenses through circumstances beyond its control, the Minister may, with the approval of the Lieutenant Govemor in CouncU and on any terms and conditions that he specifies, give fi nancial assistance to the local board. 29(1) A local board shaU make a report annually to the Minister for each fiscal year in the form and manner and at the time specified by the Miiuster.

(2) The report shaU contain the audited financial statements referred to m

section 27(3) and shaU be made available to the public by the local board at the offices ofthe health imit,

(3) A local board shall forward to the Minister any records, reports and retums required by the Minister at the times and in the form specified by the Minister, 30 The Minister and employees of the Govemment authorized by the Minister for the purpose may make inquiries into the manage ment and affairs of a health unit, may visit and inspect a health unit and may examine the records of a health unit for the purpose of verifying the accuracy of reports and ensuring that this Act and the regulations are compUed with. Discovery and treatment of infection

PART 4 COMMUNICABLE DISEASES Notification 31(1) Every person who knows or has reason to believe that he is or may be infected with a communicable disease prescribed in the reg ulations for the purposes ofthis subsection shall immediately consult a physician to determine whether he is infected or not, and if he is found to be infected, shall submit to the treatment directed by the physician until the physician is satisfied that he is not infectious.

(2) Every person who knows or has reason to believe that he is or may be infected with a sexuaUy transmitted disease prescribed in the regulations for the purposes ofthis subsection shall immediately con sult a physician or attend a sexually transmitted disease clinic to determine whether he is infected or not, and if he is found to be infected, shall submit to the treatment directed by a physician until the physician is satisfied that he is not infectious. JJotificatipn of 32 A pcrsou who is required by

section 31 to submit to treatment c angeo address ^^^ ^ discasc shall immediately notify his consulting physician, the 15

Notification of communicable disease Discovery in laboratory Disease outside of boundaries Notification in case of epidemic clinic or the medical officer of health ofthe local board of any change in his address that occurs during the period of treatment. 33(1) Where a physician, a health practitioner, a teacher or a person in charge of an institution knows or has reason to beUeve that a person is infected with a communicable disease prescribed in the regulations for the purposes of this subsection, he shall notify the medical officer of health ofthe local board (

a) by the fastest means possible in the case of a prescribed dis ease that is designated in the regulations as requiring immediate notification, or (

b) within 48 hours in the prescribed form in the case of any other prescribed disease.

(2) Where a physician knows or has reason to believe that a person under his care in a hospital is infected with a disease to which sub section (1) appUes, he shall, in addition to carrying out his responsi- bUities under subsection (1), immediately inform the medical direc tor or other person in charge ofthe hospital, and the medical director shall notify the medical officer of health of the local board by tele phone or in accordance with the prescribed form.

(3) Where a physician, a community health nurse or a person in charge of an institution knows or has reason to beUeve that a person is infected with a disease referred to in

section 31(2), he shall, within 48 hours, notify the Director in the prescribed form, 34 Where an examination of a specimen derived from a human body reveals evidence of a communicable disease, the director ofthe laboratory conducting the examination shaU, (

a) in the case of a disease prescribed in the regulations for the purposes ofthis clause, notify the medical officer of health ofthe local board (

i) by the fastest means possible in the case of a prescribed disease that is designated in the regulations as requiring im mediate notification, or (

U) within 48 hours m the prescribed form or by telephone, m the case of any other prescribed disease, and (

b) in the case of a disease referred to in

section 31(2), notify the Director in the prescribed form within 48 hours. 35 Where a medical officer of health receives notification of a sus pected case of a communicable disease referred to in

section 31(1) that occurs outside the boundaries of the health unit, he shaU im mediately notify the medical officer of health of the local board of the health unit m which the case occurred. 36 A physician, a health practitioner, a teacher or a person m charge ot an mstitution who knows of or has reason to suspect the existence Ol a communicable disease in epidemic form shaU immediatdy no- 16

Duty to notify Director tify the medical officer of health of the local board by the fastest means possible. 37 Where a medical officer of health receives notification of a com municable disease that Isolation and quarantine (

a) is occurring in epidemic form, or (

b) is designated in the regulations as requuing immediate noti fication he shaU immediately notify the Director by the fastest means possible. Weekly

summary 38 A local board shaU submit to the Director a weekly

summary in the prescribed form of all cases of communicable disease referred to in

section 31 occurring within the health uiut. Isolation, Quarantine and Special Measures 39(1) A medical officer of health who knows of or has reason to suspect the existence of a communicable disease within the bounda ries ofthe health unit in which he has jurisdiction may (

a) initiate an investigation to determine whether any action is necessary to protect the public health, and (

b) wherer the presence of a communicable disease is confirmed, carry out any measures prescribed in the regulations in respect of that communicable disease.

(2) The jurisdiction of a medical officer of health extends to any person who is known or suspected to be (

a) infected with a communicable disease, (

b) a carrier, (

c) a contact, or (

d) susceptible to and at risk of contact with a communicable disease, whether or not that person resides within the boundaries ofthe health unit. 40(1) Where a medical officer of health knows or has reason to be lieve that (

a) a person suffering from a communicable disease referred to in

section 31 may be found in any place, or (

b) that any place may be contaminated with such a communi cable disease, he may enter that place without a warrant for the purpose of con ducting an examination to determine the existence of the communi cable disease.

(2) Where a medical officer of health is conducting an examination pursuant to subsection (1), he may Entry for examination 17

(

a) order the detention of any person, and (

b) order the closure ofthe place, including any business that is carried on in it, untU he has completed his investigation, but not for a period of more than 24 hours.

(3) When the medical officer of health is not able to complete his mvestigation within 24 hours, he may make an appUcation to a prov incial court judge for an order to extend the penod of detention or closure under subsection (2) for an additional penod of not more than 7 days, and the judge may make the order accordingly. Examination 41(1) Whcrc a mcdical officer of health knows or has reason to be Ueve that a person may be infected with a communicable disease referred to m

section 31, that person shaU, at the request of the medical officer of health, submit to any exammations necessary to determine whether the person is mfected with the disease.

(2) In conducting an examination pursuant to subsection (1) to de termine the existence of a communicable disease, the medical officer of health may require from any person who has knowledge of it the production of any information conceming the disease, mcluding the sources or suspected sources of the disease and the names and ad dresses of any persons who may have been exposed to or become infected with the disease. Notices 42(1) A medical officer of health may cause to be placed waming notices in the prescribed form in, on, at or near any place in which a person is isolated or quarantined, or which requires decontamina tion or destmction,

(2) No person shall remove a waming notice placed in accordance with this

section unless he has the consent of a medical officer of health. Effect of isolation 43(1) Where a person infected with a communicable disease requires or quarantme isolation or quarantine as prescribed in the regulations, he shall be isolated or quarantined in a hospital or other place approved for the purpose by a medical officer of health.

(2) No person who is suffering from a communicable disease for which isolation or quarantine is required under the regulations shaU remain or be permitted to remain in any public place, other than a hospital or other place approved under subsection (1), unless the medical officer of health is satisfied that the presence of the person in the public place would involve no risk to the public health.

(3) Where a person is isolated or quarantined in (

a) a social care facUity, (

b) a food handhng estabUshment, or (

c) living accommodation attached to a social care facility or food handling estabUshment, the medical officer of health may, by notice to the owner ofthe social care facility or food handlmg establishment, order the owner not to 18

Provision of services operate or permit the operation of the social care facUity or food handhng estabUshment untU decontammation of the social care fa cUity or food handUng estabUshment is completed.

(4) Where a person is isolated or quarantined m a place under cU-- cumstances that reqmre terminal decontamination, the medical offi cer of health may, by notice to the owner of the place, order the owner to refuse entry to the place to any person other than (

a) an executive officer, (

b) a medical officer of health, or (

c) a person with the consent of an executive officer or a medical officer of health untU decontamination is completed, 44(1) When a person is isolated or quarantined, the medical officer of health shaU ensure that the person is provided with aU suppUes and services necessary for his health and subsistence.

(2) The inedical officer of health shaU ensure that any person provid ing suppUes or services pursuant to this

section takes adequate pre caution to avoid contracting the communicable disease,

(3) Where the Minister is satisfied that it would cause undue hard ship to require a person to whom suppUes or services are provided under this

section to pay for them, the Minister may pay for aU or part of the cost of the suppUes or services. Decontamination 45 No pcrSOU shaU Transportation of infected person (

a) remove anything fi-om a place in respect of which decontam ination is required, or (

b) give, lend, seU or offer for sale anything that has been exposed to contamination untU decontamination has been completed to the satisfaction of the medical officer of health, 46 A person transporting another person who he knows or has reason to believe is suffering from a communicable disease requiring isolation or quarantine under the regulations shall inform the medi cal officer of health ofthe local board ofthe health unit in which the person is being transported and comply with any conditions respect ing the transportation that are prescribed by the medical officer of health. Notification of epidemic Epidemics 47(1) When a medical officer of health is ofthe opinion that (

a) a communicable disease is in epidemic form, and (

b) hospital faciUties within the area are inadequate to provide the necessary isolation or quarantine faciUties, he shall immediately inform the Minister. 19

Order of Lieutenant Govemor in Council

(2) On the recommendation of the Minister, the Lieutenant Gover nor in Council (

a) may order a board of an approved hospital as defined in the Hospitals Act to provide isolation or quarantine accommodation in the amount and manner prescribed in the order, notwithstand ing the rated bed capacity of the hospital, and (

b) may order the owner of a faciUty to provide isolation or quarantine accommodation in the amount and manner pre scribed in the order.

(3) Where an order is made pursuant to subsection (2)(b), any rea sonable expense incurred by the owner of a facility in compliance with the order is the responsibUity ofthe Crown in right of Alberta. 48(1) Where the Lieutenant Govemor in Council is satisfied that a communicable disease referred to in

section 31(1) has become or may become epidemic, he may do any or all of the following: (

a) order the closure of any public place; (

b) subject to the Legislative Assembly Act, order the postpone ment of any intended election for a period not exceeding 3 months; (

c) order the immunization or re-immunization of persons who are not then immunized against the disease or who do not have sufficient other evidence of immunity to the disease.

(2) Where an election is postponed under subsection (1), the order shall name a date for holding the nominations or poUing, or both of them, and nothing in the order adversely affects or mvalidates any thing done or the status of any person during the period of time between the date ofthe order and the completion ofthe election.

(3) Where a person refuses to be immunized pursuant to an order of the Lieutenant Govemor in CouncU, the person shall be subject to this Part with respect to the disease concemed as if he were proven to be infected with that disease. Issue of certificate Recalcitrant Patients 49(1) Where a physician or community health nurse knows or has reason to believe that a person is infected with a disease prescribed m the regulations for the purposes of this

section and the person refuses or neglects to submit to (

a) a medical exammation for the purpose of ascertaiiung whether or not he is mfected with that disease, or (

b) medical, surgical or other remedial treatment that has been prescnbed by a physician and is necessary to mitigate the disease, the physician or community health nurse shall immediatefy notify the medical officer of health in the prescribed form.

(2) Where the medical officer of health is satisfied as to the suffi ciency of the evidence that the person may be infected, the medical officer of health shaU issue a certificate in the prescribed forni. 20

Authority of certificate

(3) A certificate pursuant to subsection (2) must be issued within 72 hours ofthe date of service ofthe notification pursuant to subsection (1).

(4) Where the physician referred to in subsection (1) is a medical officer of health in the health unit in which the alleged infected per son is located, he may issue the certificate referred to in subsection (2). 50(1) A certificate is authority (

a) for any peace officer to apprehend the person named in it and convey him to any facihty specified by the medical officer of health within 7 days ofthe date the certificate is issued, (

b) for a physician to conduct an examination on that person in the manner prescribed in the regulations and to detain the person at the facility for the period required to obtain the result of the examination, and (

c) for any physician to treat or prescribe treatment for that per son in order to render that person non-infectious, with or without the consent of the person, and to detain the person for that pur pose.

(2) The medical director of, or in his absence the attending physician at, a faciUty to which a person is conveyed imder subsection (1) shaU ensure that the person is examined under that

section within 24 hours after his arrival at the faciUty. 51(1) Subject to subsection (2), a person who is detained in a faciUty pursuant to a certificate shall be released not later than 7 days after the date he is admitted to the faciUty pursuant to the certificate, unless an isolation order is issued under

section 54.

(2) A person who is detained in a facUity pursuant to a certificate shaU be released forthwith if the physician who examines the person certifies (

a) that there is no evidence of active disease, or (

b) that, although there is evidence of active disease, the physi cian is satisfied that the person will comply with the treatment and any other conditions ordered by the physician in a manner that will ensure the protection ofthe public health. Notification of 52 Where a person is released pursuant to

section 51, the physician '^''^ who examined the patient or the medical director ofthe facility shaU, on the release of the patient, forthwith notify the medical officer of health who issued the certificate of the circumstances of the release. Release Treatment afier release 53(1) Where a person is released pursuant to

section 51(2)(b), he shaU comply with the treatment and any other conditions that are prescribed by any physician assigned by the medical director of the facility.

(2) Where a person who has been required to submit to treatment foUowing his release fails to undergo treatment, a medical officer of health may issue an order in the prescribed form to a peace officer 21

or other person to apprehend that person and retum him to the faciUty.

(3) On receipt of an order under subsection (2), a peace officer or other person is empowered to arrest without warrant the person named in it and retum that person to the faciUty.

(4) Sections 51 and 52 and subsections (1), (2) and (3) apply to a person who is anested and retumed to a faciUty under subsection (3). Isolation order 54(1) WhcrC (a) 2 physicians, or (b) 1 physician supported by a laboratory report demonstrating evidence of an infectious agent certifies that a person is infected with an organism that produces a disease prescribed in the regulations for the purposes of this

section and refiises or neglects to submit to medical, surreal or other reme dial treatment that has been prescribed by a physician as being neces sary to mitigate the disease, the physician or physicians shaU each issue an isolation order in the prescribed form. (2) Subsection (1) appUes whether or not there is a certificate in existence in respect of the person who is the subject of the isolation order or orders.

(3) A physician issuing an isolation order shaU forthwith send a copy of the isolation order to the Director. 55(1) Where isolation is ordered pursuant to

section 54 the order or orders are sufficient authority with or without the consent of the person named in them to observe, examine, care for, treat, obtain biological specimens from, control and detain the person named in them in a facility until he is released under

section 56.

(2) A person in respect of whom isolation is ordered under

section 54 shaU be re-examined by a physician at least once every 7 days to ascertain whether he is infectious with the disease. CanceUation of 56(1) Whcrc, after separate examinations by each of them, 2 physi- isolation order „;„__ r* ^i. • • « ^ . . • cians are ol the opinion that a person in respect of whom isolation has been ordered under

section 54 (

a) is not infectious, and (

b) wiU comply with the conditions of his discharge, the 2 physicians shaU issue an order in the prescribed form cancelUng the isolation order.

(2) Immediately on issuing an order canceUing an isolation order, the physicians who signed the order shall send a copy of U to the Director. Authority of isolation order Warrant for examination 57(1) Any person who has reasonable and probable grounds to be lieve that a person 22

(

a) may be infected with a disease prescribed in the regulations for the purpose of this section, and (

b) refuses or neglects to submit to (

i) an examination for the purpose of ascertaining whether or not he is infected with the disease, or (

U) medical, surgical or other remedial treatment that has been prescribed by a physician and is necessary to render the person non-infectious, may bring an information under oath before a provincial court judge.

(2) Where an information is brought before a provincial court judge under subsection (1) and the judge is satisfied that the person with respect to whom the information is brought should be examined in the interests of his own health or the health of others and that the examination cannot reasonably be arranged in any other way, he may issue a warrant in the prescribed form to apprehend that person for the purpose of the examination.

(3) A warrant under this

section may be directed to any peace officer and shaU name or otherwise describe the person with respect to whom the warrant is issued.

(4) Where a peace officer appretends a person pursuant to a warrant under this section, the person shaU be deemed to be a person in respect of whom a certificate has been issued under

section 49. Duty on issue of 58 Where a person is detained pursuant to an isolation order or isolation order Q^dcTS, the mcdical director of the facihty in which he is detained shaU forthwith (

a) inform the person or his guardian, if any, of the reason for the issuance of the isolation order or orders, (

b) advise the person or his guardian, if any, that he has a right to retain and instruct counsel without delay, and (

c) give the person or his guardian, if any, a copy of

section 59. 59(1) A person in respect of whom isolation is ordered may apply by originating notice to a judge ofthe Court of Queen's Bench at any time for cancellation of the isolation order or orders.

(2) The originating notice shaU be served on (

a) the physician or physicians who issued the isolation order or orders, and (

b) the chief executive officer of the facUity in which the appli cant is a patient not less than 7 days before the motion is returnable.

(3) Where the judge considers it appropriate to do so, he may order that the application under subsection (2) be heard in private.

(4) The judge may grant or refuse the order appUed for and may make any other order he considers appropriate. Application to court for cancellation 23

Unauthorized absence Transfer to another facility 60(1) Where a person in respect of whom isolation has been ordered leaves the facility and leave of absence has not been granted by the medical director of the faciUty, the medical director may issue an order in the prescribed form to a peace officer or other person order ing the retum of the person to the facility.

(2) An order issued pursuant to subsection (1) is sufficient authority for the person to whom it is directed to apprehend the person named in it and retum him to the facility.

(3) A person who is retumed to a facility under this

section may be detained until the conditions under

section 56 have been met. 61(1) The medical director ofthe facility in which a person is de tained may, for reasons of treatment or in compliance with the per son's wishes, transfer him to another faciUty, on completing a mem orandum of transfer in the prescribed form,

(2) Where a person is transfened under subsection (1), the authority to detain, control and treat him continues in force in the facUity to which he is transfened. Leave of absence 62(1) The mcdical dircctor or an attending physician at a facUity in which a person is detained may grant the person a leave of absence from the faciUty subject to any terms and conditions prescribed by the medical director or attending physician to ensure that the public health is protected.

(2) Where a person is on a leave of absence granted under this sec tion and it appears to the medical director or the attending physician that the person is not complying with the conditions to which the leave of absence is subject, the medical director or attending physi cian may revoke the leave of absence and recaU the person to the facility.

(3) Section 60 appUes in the case of a person who has been recalled under subsection (2) and fails to retum to the faciUty in accordance with the instmctions of the medical director or attending physician.

Confidentiality of communicable diseases information General 63(1) Information contained in any file, record, document or paper maintained by the Director that comes into existence through any thing done under this Part or the Venereal Diseases Prevention Act and that indicates that a person is or was infected with a communi cable disease shall be treated as private and confidential in respect of the person to whom the infonnation relates and shaU not be pub lished, released or disclosed in any manner that would be detrimental to the personal interest, reputation or privacy of that person.

(2) For the purposes of assessing and improving the standards of care fiimished to persons suffering from communicable diseases, compil ing statistics with respect to communicable diseases, conducting re search into communicable diseases, or for any reason relating to communicable disease which the Director considers to be in the in terest of protecting the public health, the Director may require any 24

physician or health practitioner to fumish him with the foUowing information: (

a) a report containing the name and address of any patient of that physician or health practitioner who is, was or may have been suffering from a communicable disease and a description of the diagnostic and treatment services provided to him; (

b) medical or other records, or extracts or copies thereof, in respect of that patient and in the possession of the physician or health practitioner.

(3) Information obtained by the Director pursuant to this

section shaU be treated as private and confidential and, subject to subsection (4), shall not be pubUshed, released or disclosed in any manner that would be detrimental to the personal interest, reputation or privacy ofthe patient,

(4) Information obtained by the Director may be disclosed by the Director (

a) to any person when required by law; (

b) to the person to whom the information relates or his legal representative; (

c) in statistical form if the person to whom it relates is not revealed pr made identifiable; (

d) to a person conducting bona fide research or medical review if the disclosure is made so as to ensure confidentiality of the information; (

e) to a person or body conducting an investigation or discipU- nary proceedings pursuant to legislation goveming a profession or occupation that is specified in the regulations when (

i) the information is requested by the person or body in accordance with the procedure goveming the investigation or discipUnary proceedings, and (ii) the person to whom the information relates consents to the disclosure, (5) Subsection (1) does not prohibit the disclosure of information (

a) to any person when required by law to do so, (

b) to any person with the written consent of the Minister or of the person to whom the information relates or his legal repre sentative, or (

c) to any person where the disclosure is necessary in the course of the administration of this Part. Application to 64(1) Where a pcrsou court (

a) is prohibited by

section 63 from publishing, releasing or dis closing information, or (

b) refuses to disclose information that he is permitted by

section 63 to disclose, 25

Offence Provision of names Delegation of authority Protection from liability the person to whom the information relates or his legal representa tive may apply for an order directing the person having the infor mation to release it or a copy of it to the person to whom the mfor mation relates or his legal representative or to some other person named in the order.

(2) An application under subsection (1) (

a) shall, if it is made in the course of any action or proceeding to which the person to whom the information relates or his legal representative is a party, be made on notice to a judge of the court in which the action or proceeding is taken, and (

b) shall, in any other case, be made by way of originating notice to a judge of the Court of Queen's Bench.

(3) Where the judge considers it appropriate to do so, he may order that the application under subsection (1) be heard in private.

(4) In an application under subsection (1) the onus of showing why the order should not be made for the release ofthe information is on the respondent to the motion. 65 No person shall knowingly release, publish or disclose infor mation contrary to

section 63. 66(1) A person suffering from a communicable disease referred to in

section 31(2) shall, on request, provide the physician or sexually transmitted diseases clinic responsible for his treatment with the names of all persons with whom he has had sexual contact.

(2) Notwithstanding

section 63, a physician who is provided with the names of contacts pursuant to subsection (1) shall immediately provide the information to the Director.

(3) Notwithstanding

section 63, the Director may notify a person named as a contact pursuant to subsection (1). 67 The Director may in writing delegate to an employee of the Department any of the powers, duties and functions conferred or imposed on the Director by this Act or the regulations. 68 Notwithstanding anything in this Act, where this Part requires any person to inform any person as to the existence or possible ex istence of a communicable disease or to provide information with respect to a communicable disease, no action Ues against any person acting in accordance with that requirement unless he does so mali ciously or without reasonable grounds. Inspection of place other than private dwelling

PART 5 GENERAL Inspections and Orders 69(1) An executive officer may inspect any public place for the pur pose of determinmg the presence of a nuisance or determmmg whether this Act and the regulations are being complied with,

(2) An executive officer making an inspection under subsection (1) may 26

Inspection of private place Application to court Order (

a) at any reasonable hour enter in or on the public place that is the subject of the inspection; (

b) require the production of any books, records or other docu ments that are relevant to the purpose of the inspection and ex amine them, make copies of them or remove them temporarily for the purpose of making copies; (

c) inspect and take samples of any substance, food, medication or equipment being used in or on the pubhc place; (

d) perform tests, take photographs or make recordings in respect of the public place.

(3) Where an executive officer removes any books, records or other documents under subsection (2)(b), he shall (

a) give to the person from whom the items were taken a receipt for the items, and (

b) forthwith retum the items to the person firom whom they were taken when they have served the purposes for which they were taken. 70 Where an executive officer believes on reasonable and probable grounds that a nuisance exists in or on a private place or that the private place or the owner of it is in contravention ofthis Act or the regulations, he may, with the consent ofthe owner or pursuant to an order under

section 71, (

a) enter in or on the private place at a reasonable hour and inspect it; (

b) take samples of any substance, food, medication or equip ment being used in or on the private place; (

c) perform tests, take photographs and make recordings in re spect of the private place. 71(1) Where the owner of a pubhc place or a private place refuses to allow an executive officer to exercise his powers imder

section 69 or 70 or hinders or interferes with the executive officer in the exercise of his powers, the executive officer may apply by originating notice to a judge of the Court of Queen's Bench for an order directing the owner to do or refrain from doing anything the judge considers neces sary in order to enable the executive officer to exercise his powers, and the judge may make the order accordingly.

(2) An application under subsection (1) may be made ex parte where the judge considers it proper to do so. 72(1) Where, after an inspection under

section 69 or 70, the execu tive officer has reasonable and probable grounds to believe that a nuisance exists in or on the public place or private place that was the subject of the inspection or that the place or the owner of it is in contravention of this Act or the regulations, he may issue a written order in accordance with this section.

(2) An order shall be directed to and served on the owner and shaU set out the reasons it was made, what the owner is required to do and the time within which it must be done. 27

(3) Where the order is directed to an owner who is not the registered owner, a copy of it shall also be served forthwith on the registered owner.

(4) An order may include, but is not Umited to, provisions for the following: (

a) requiring the vacating ofthe place or any part of it; (

b) declaring the place or any part of it to be unfit for human habitation; (

c) requiring the closure ofthe place or any part of it; (

d) requiring the doing of work specified in the order in, on or about the place; (

e) requiring the removal from the place or the vicinity of the place of anything that the order states causes a nuisance; (

f) requiring the destmction of anything specified in the order; (

g) prohibiting or regulating the selUng, offering for sale, supply ing, distributing, displaying, manufacturing, preparing, preserv ing, processing, packaging, serving, storing, transporting or han dling of any food or thing in, on, to or from the place.

(5) Where the delay necessary to put an order under this

section in writing will or is likely to increase substantially the hazard to the health of any person, the executive officer may issue the order orally

(6) As soon as is reasonably possible after issuing an oral order under subsection (5), the executive officer shaU serve a written version of the order on the owner in accordance with subsections (2) and (3).

(7) Where an order is issued under subsection (4)(a), (

b) or (c), the executive officer shaU ensure that a copy of the order, or in the case of an oral order, a notice of the requirements of the order, is posted in a conspicuous place at, on or near the public place or private place to which the order relates.

(8) A local board shall maintain a record of aU orders issued under subsection (4)(a), (

b) or (

c) and shall make the record available for inspection by the public during the business hours of the main office of the local board.

(9) If, in the course of an inspection under this Act, the executive officer is of the opinion that a condition of emergency exists due to the existence of a nuisance, he may, notwithstanding anything in this Act, forthwith take any steps he considers appropriate to remove or lessen the nuisance. Recovery of costs 73(1) In tWs scctiou, "clcrk" mcaus (

a) the city clerk, in the case of a city, (

b) the secretary, in the case of a town, new town, village, sum mer village, county or municipal district, or (

c) the Deputy Minister of Municipal Affairs, in the case of an improvement district or special area. 28

(2) If a person to whom an order is directed under

section 72 fails to carry out the order within the time Umited by it, in the case of an order that is not appealed, or within the time Umited by the Board in the case of an order that is appealed to the Board, the executive officer or a person appointed by him may, together with any persons that are necessary, enter the public place or private place and carry out the order.

(3) The expenses incmred by a local board in carrying out an order under this

section constitute a debt owing to the local board from the person to whom the order is directed.

(4) Where a local board carries out an order under this

section and the person to whom the order is directed fails, within 60 days after a demand for payment, to pay the expenses incmred by the local board, the secretary of the local board may transmit to the clerk of the municipaUty in which the land concemed is located a statement setting out (

a) the amount ofthe expenses, (

b) the name of the registered owner of the land to which the order relates, and (

c) the location ofthe land to which the order relates.

(5) On receipt of a statement under subsection (4), the municipahty shaU place the amoimt of the expjenses incmred in carrying out the order on the tax roU as an additional tax against the land concemed and that amount (

a) forms a hen on the land in favour ofthe municipahty, and (

b) shall, for all purposes, be deemed to be taxes imposed and assessed on the land and delinquent under the Municipal Taxa tion Act fi-om the date the expenses were incurred, and that Act and the Tax Recovery Act apply to the enforcement, collection and recovery of the amount.

(6) Any amoimt coUected by the municipaUty by virtue of subsection (5) shaU be paid to the local board.

(7) Where an amount recovered under this

section by a local board from an occupier or other person in possession of land is, between the occupier or other person and the registered owner, the responsi bility ofthe registered owner, the occupier or other person is entitled to recover the amount from the registered owner or to deduct the amount from any other amount due fi-om him to the registered owner.

(8) Where an amount recovered under this

section by a local board fi-om a registered owner of land is, between the registered owner and the occupier or other person in possession ofthe land, the responsi- biUty ofthe occupier or other person, the registered owner is entitied to recover the amount fi-om the occupier or other person or to deduct the amount from any other amount due from him to the occupier or other person. Notice of 74(1) When an order is issued under

section 72, the local board may health hazard ^^^^^ ^^ ^ ^j^^ ^^^ ^^^ Registrar of Land Tides a notice of health 29

hazard against the registration of any person as transferee or owner of, or of any instmment affecting, the land which is the subject of the order, unless the instmment or certificate of title is expressed to be subject to that notice.

(2) A notice of health hazard registered under this

section does not lapse and shall not be canceUed or withdrawn except on the receipt by the Registrar of a notice in writing from the local board requesting cancellation or withdrawal.

(3) On registering a notice of health hazard, the Registrar shall notify the person against whose title the notice is registered and notify cav eators and mortgagees when the addresses of those persons may be ascertained from the certificate of title. Regulations Regulations 75(1) Thc Licutcnant Govemor in Council may make regulations (

a) prescribing communicable diseases for the purposes of any provision of this Act; (a. 1) prescribing communicable diseases of which immediate no tification is required for the purposes of sections 33(l)(b)(i), 34(a)(

i) and 37(b); (

b) respecting the prevention and control of the employment of persons who are carriers of or are infected with prescribed com municable diseases; (b.

l) respecting isolation, quarantine, disinfection, disinfestation, decontamination, destmction of property, exclusion from em ployment, school or a public place and other special measures for the purposes of

section 39(1); (

c) respecting the standards and methods of distribution of vac cine and vaccination to be provided; (cl) respecting the immunization of persons pursuant to

section 48(l)(c); (

d) respecting the prevention, investigation and suppression among animals of infectious diseases communicable to humans; (d.

l) respecting the quantity and manner of application of an agent to the eyes of newbom children, to prevent the occurrence of prescribed communicable diseases; (

e) respecting (

i) the constmction of itinerant and temporary food estab lishments, and (

u) the location, operation, maintenance, equipping, sanita tion and cleansing of food establishments engaged in seUing, offering for sale, producing, supplying, distrib uting, displaying, manufacturing, preparing, preserving, process ing, packaging, labelling, serving, storing, transporting or han dling any food; 30

(e.

l) prescribing standards for food and providing for the de stmction of any food that does not meet those standards; (

f) respecting the prevention and removal of nuisances; (f.

l) respecting the location, operation, maintenance, equipping, cleansing, disinfecting and disinfestation of (

i) abattoirs, (

U) premises where Uvestock or poultry are kept, (iu) noxious trades, (iv) camps and campgrounds, and (

v) wells, water fountains, cistems and water tanks; (

g) respecting the constmction, location, operation, maintenance, disinfection, disinfestation and disposition of waste management faciUties and outdoor lavatories; (g.

l) prescribing the maximum level of contaminants permissi ble in air or water, (

h) respecting the location, operation, cleansing, disinfection, dis infestation, equipping and maintaining of pubUc places; (h.

I) respecting the cleansing, disinfection and disinfestation of private dwellings; (

i) respecting the inspection, equipping, operating, maintaining, cleansing and disinfection of public and semi-pubUc swimming pools; (i.

l) respecting the preparation, interment, disinterment and transportation of human corpses; (

j) respecting the Ucensing of embalmers and prescribing quali fications for admission of embalmers to practice in Alberta; G-

l) respecting the management, maintenance, functions, duties and jurisdiction of local boards; (

k) respecting the qualifications of persons employed as inspec tors by local boards; (k,

l) respecting accounting poUcy and procedures of local boards, including the manner of administration of funds by local boards; (1) prescribing the fiscal year of local boards; (1,1) providing that a local board may not act under

section 16(2)(

b) without the prior written consent of the Mmister, and respecting the circumstances under which the local board may not so act; (

m) respecting the purposes and manner of investment of funds not reqmred for immediate use for the purpose of

section 16(2Xa); (m,

l) respectmg the manner in which local boards may borrow money, the rate of mterest on borrowing, the terms of bonowing, 31

the periods and the purposes of bonowing for the purposes of

section 16(2)(c); (

n) respecting the manner of submission ofthe copy ofthe budget, and the date prior to which it must be submitted for the purposes of

section 26(1); (n,

l) declaring that, for the purposes of

section 27(4), the stand ards, as they exist from time to time, of any accounting body named in the regulations shall be in force in whole or in part or with any revisions, variations or modifications that are specified by the regulations; (

o) respecting the purpose for which and the circumstances and conditions under which a local board may retain the unexpended balances of operating revenue that are shown to be surplus for the purposes of

section 27(5); (o.

l) respecting the manner of submission ofthe annual report and the date by which it must be submitted for the purposes of

section 29(1); (

p) respecting the kinds and basic standards of preventive, diag nostic, treatment, rehabiUtative and palUative services, suppUes, equipment and care that must be provided by local boards and the conditions under which they are to be provided; (p.

l) respecting the kinds and basic standards of preventive, di- agiiostic, treatment, rehabilitative and palUative services, sup plies, equipment and care that may be provided by local boards and the conditions under which they may be provided; (

q) prescribing the treatment and emergency services that may be provided by a community health nurse for the purposes of

section 21; (q.

l) respecting the services, suppUes, equipment, care, drugs, medicines and biological agents that may be provided by the Mmister for the purpose of

section 22(2) and respecting the per sons to whom and the conditions under which they may be pro vided; (

r) establishing a mechanism to deal with appeals from decisions made in connection with the provision of services, supplies, equipment or care under regulations made under clause (q.l), and setting out what decisions may be appealed and the procedure to apply in an appeal; (r.

l) respecting the manner of inviting nominations for the ap pointment to a local board of a member of the public for the purpose of

section 11(7); (

s) respecting the powers, duties and authority of executive offi cers or classes of executive officers; (

t) specifying professions and occupations for the purposes of

section 63(4)(e); (

u) specifying regulated matter for the purposes of

section 78; 32

(

y) respecting aU aspects ofthe granting, canceUation and suspen sion of Ucences, permits or other approvals for any activity sub ject to regulation under this section; (

w) specifying additional decisions for the purposes of

section 4(1 )(

b) that may be appealed to the Board under that section; (

x) prescribing forms for the purposes of regulations under this section; (

y) defining terms for the purposes of regulations under this sec tion; (

z) authorizing the waiving or mitigation of the appUcation of any of the provisions of the regulations in particular cases, re specting the circumstances under which the waiver or mitigation may be granted and respecting the conditions to which a grant of a waiver or mitigation is subject.

(2) The Minister may make regulations prescribing forms for the purposes of

section 4(3) and

Part 4.

(3) Regulations under subsection (1) may be made applicable to a portion of Alberta only. Service of documents Validity of documents Miscellaneous 76(1) Where this Act or the regulations require or permit the service of an order, notice or other document on a person, then unless this Act otherwise provides, the order, notice or other document is suffi ciently served if it is (

a) served personally on the person, (

b) sent by registered maU to the person at his last known ad dress, or (

c) pubUshed in a newspaper in accordance with subsection (2).

(2) Where the person serving an order, notice or other document, after having taken reasonable steps for the purpose, is unable to locate the person to be served or to determine his actual address, the order, notice or other document may be served by publishing it in at least 2 issues, at least a week apart, of a newspaper having general circulation (

a) in the place where the person to be served had his last known address according to the records or other information available to the person serving the order, notice or other document, and (

b) if the notice, order or other document relates to the property of the person to be served or is given in proceedings that relate to his property, in the place where the property is located. 77 A certificate, notice, order, warrant or other form issued under this Act or the regulations shall not be held to be insufficient or invalid by reason only of any irregularity, informality or insufficiency in it or in any proceedings in connection with its issuance. 33

Intoxicating gas or vapour Obstruction Destruction of notice Penalty 78(1) In this section, (a) "intoxicating vapour" means any gas, vapour, fiime or liquid that is emitted, given off or produced from a regulated matter, (b) "regulated matter" means any matter specified by regulation as a regulated matter for the purposes ofthis section.

(2) No person shaU for the purpose of inducing euphoria, haUucina- tions or intoxication (

a) inhale, administer or otherwise introduce into his respiratory system, or (

b) assist or cause another person to inhale, administer or oth erwise introduce into his respiratory system an intoxicating vapour.

(3) No person shaU manufacture or give, seU or otherwise distribute any regulated matter for the purpose of inducing euphoria, halluci nations or intoxication in any person.

(4) This

section does not apply to (

a) the manufacture or sale of a regulated matter for medical purposes, or (

b) the inhalation, administration or other introduction of an intoxicating vapour into the respiratory system under the super vision of (

i) a registered practitioner under the Medical Profession Act, (ii) a person entitled under the Dental Association Act to practise or perform dentistry or dental surgery in Alberta, or (iii) a person acting under the direction of a person referred to in subclause (

i) or (U).

(5) A person who contravenes this

section is guilty of an offence and Uable to a fine of not more than $500. 79 No person shall obstmct, molest, hinder or interfere with a per son m the execution of any duty imposed or in the exercise of any power conferred on him by this Act or the regulations, 80 No person shaU conceal, deface, destroy or remove any notice posted for pubUc information under this Act or the regulations. 81(1) A person who contravenes this Act, the regulations, an order under

section 72 or an order of a medical officer of healtii or physi cian under

Part 4 is guilty of an offence.

(2) A person who contravenes an order under

section 72 or an order of a medical officer of health or physician under

Part 4 is Uable to a fine of not more than $100 for each day the contravention continues.

(3) A person who contravenes this Act or the regulations is, if no penalty m respect of that offence is prescribed elsewhere m this Act, 5 linn^ • °^"*^^ ^^^^ ^^^^ 52000 in the case of a first offence and $5000 in the case of a subsequent offence. 34

Publishing contraventions Paramountcy tlransitional 82 If a person contravenes an order under

section 72, the local board may, notwithstanding that the person has not been convicted for contravention of that order, pubUsh the order in the manner it considers appropriate. 83 This Act prevails over any enactment with which it conflicts, other than the Alberta BiU of Rights, and a regulation under this Act prevaUs over any other by-law, mle, order or regulation with which it conflicts. 84^7^ A health district constituted under

section 16 ofthe Public Health Act,

chapter P-27 ofthe Revised Statutes of Alberta 1980. that consists of a city having a population of more than 100 000 and is in existence at the time this

section comes into force is deemed to be a health unit established under this Act.

(2) A health unit constituted under the Health Unit Act and in exist ence at the time this

section comes into force is deemed to be a health unit established under this Act. Transitional 85('7J Subject to subsections (2) and (3), (

a) the local boards of health of health districts referred to in sec tion 84(1) and boards of health units referred to in

section 84(2) continue as the local boards of health units for the purposes ofthis Act, arui (

b) the members continue to be members until they are replaced.

(2) Unless it expires or is terminated earlier by reason of subsection (3), the tenure of a member of a local board referred to in subsection (l)(

a) is terminated effective on the effective date ofthe appointment off the local board under

section 86.

(3) UntU the effective date referred to in subsection (2), any changes in the constitution of the local boards shaU be made in accordance with the Health Unit Act or the Public Health Act,

chapter P-27 ofthe Revised Statutes of Alberta 1980. as the case may be. as if this

section had not come into force. Transitional Amends RSA l980cA-24 Amends RSA 1980cC-2 86 A councU or councils, as the case may be. shall, not later than 3 months after the coming into force ofthis section, appoint the mem bers ofthe local board under

section 11 or 12. 87 The Alberta Health Care Insurance Act is amended in

section 40(1) by repealing clauses (

a) to (

h) and substituting the following: (

a) the Cancer Programs Act; (

b) the Mental Health Act; (

c) the Public Health Act; (

d) any other Act under which insured services are provided, 88 The Cemeteries Act is amended (

a) in

section 25 by striking out "and the Public Health Act"; (

b) in

section 28 by striking out ", the Public Health Act, "; 35

Amends RSA 1980cC-12 Amends RSA 1980cC-13 Amends SA 1981 cD-1.1 (

c) by repealing

section 34; (

d) in

section 60(

b) by striking out "by the Provincial Board of Health". 89 The Clean Air Act is amended (

a) in

section 1 by repealing clause (k); (

b) in

section 2(3) by striking out "under the Provincial Board of Health regulations" and substituting "by regulations under the Public Health Act". 90 The Clean Water Act is amended (

a) in

section 1 (

i) by repealing clause (h); (ii) in clause (

r) by striking out "or in swimming pools"; (

b) in

section 2(2) by striking out "the Provincial Board of Health regulations" and substituting "regulations under the Public Health Act"; (

c) in

section 3(1) by repealing clause (d); (

d) by repealing

section 10; (

e) in

section 17(2)(

a) by striking out "by the Provincial Board of Health"; (

f) in

section 21 (

i) in clause (g.

l) by striking out "or in swimming pools"; (ii) in clause (h.

l) by striking out "or for use in swimmmg pools"; (iii) in clause (

i) by striking out "or for use in swimming pools"; (iv) by repealing clause (v); (

g) in

section 22(

a) by striking out "section 11 or 16 of". 91 The Dairy Industry Act is amended (

a) in

section 42 by striking out "or the Provincial Board of Health"; (

b) by adding the following after

section 57; 57.1(1) In this

section "pasteurization" has the meaning as cribed to it in the regulations.

(2) Subject to this section, the council of a municipality may pass a by-law for the purpose of requiring the pasteurization of all miUc sold, offered for sale or delivered within the limits ofthe municipaUty before the milk is sold, offered for sale or deUvered.

(3) No by-law under this

section appUes to mUk brought into the municipality by the producer and sold by wholesale to a 36

Amends RSA 1980 cD-8 Amends RSA 1980cD-19 Amends RSA 1980 cD-27 distributor, a milk processing plant, a creamery or a cheese factory, or to products of milk prepared in a plant and by methods approved by the local board of health having juris diction in the municipality in which the by-law is passed. (

c) in

section 58 by cuiding the following after clause (a); (a.

l) defining pasteurization for the purposes of by-laws under

section 57.1; 92 The Dental Auxiliaries Act is ameruied in

section 1 by repealing clause (

e) and substituting the following: (e) "local health authority" means the local board of a health unit under the Public Health Act and the Minister of Municipal Affairs in respect of a special area; 93 The Department ofthe Environment Act is amended in

section 11(1) by repealing clause (

c) arui substituting the following; (

c) the Deputy Minister of the Health Services Division of the Department of Social Services and Community Health, 94 The Department of Social Services arui Community Health Act is amended in

section 11(1) (

a) in clause (

a) by adding "and" at the end of subclause (xii) and repealing subclauses (i), (vii). (xiii). (xiv) and (xv); (

b) in clause (

f) by repealing subclauses (

v) and (vi) and substitut ing the following: (

v) a local board of a health unit under the Public Health Act. Amends RSA 95 1980 cH-6 The Health Unit Act is amended (

a) by adding the following after

section 6: 6.1(1) Notwithstanding sections 4(2) and 6(1), (2) and (3), the tenure of the board of health of the Lethbridge Health Unit ceases on the date of the appointment of a board under sub section (2).

(2) Within 3 months after the coming into force of this sec tion the council of the City of Lethbridge shall appoint not fewer than 5 nor more than 11 persons as members of the board, and at least 1 member shall be a member ofthe coun cil and at least 1 member shall be a member of the pubhc.

(3) A person appointed as a member ofthe board under sub section (2) must be a resident of the city.

(4) No employee ofthe board may be appointed as a member of the board under subsection (2).

(5) A member of the board appointed under subsection (2) shall be appointed for a term of not more than 3 years and is eligible for reappointment for not more than 2 consecutive additional terms, each not exceeding 3 years. 37

(

b) by repealing

section 17(3) and substituting the following:

(3) The board may, subject to the regulations, retain at the end of a fiscal year any unexpended balance ofthe grants that is shown to be surplus by the audited financial statement. (

c) in

section 22(2) by adding the following after clause (a): (a.

l) respecting the purpose for which and the circumstances and conditions under which a board may retain the unex pended balance of the grants that is shown to be surplus for the purposes of

section 17(3); Amends RSA 96 The Landlord and Tenant Act is amended in

section 11(

b) by 1980 cL-6 ^^^i^g «Qr ^he Public Health Act" after "Act". Amends RSA 97 The Liquor Control Act is amended in

section 49(l)(c)(

i) by strik- 1980 cL-17 i^g ^^f «^j^g orders of the Provincial Board of Health" and substitut ing "orders under the Public Health Act". Amends RSA 98 The Litter Act is amended in

section 4(

a) by striking out "sani- 1980 cL-19 ^j.y landfiU" and substituting "waste management facility". Amends RSA 99 The Mcttt Inspectton Act is amended in

section 3 by striking out 1980 cM-io «Qf jjg^j^jj ^j. ijy ^jjg Provincial Board of Health". Amends sA 100 The MoHle Home Sites Tenancies Act is amended in

section 1982 cM-18.5 j2(

b) by adding "or the Public Health Act" after "Act". Amends RSA 101 The Mumctpal Government Act is amended l980cM-26 (

a) by adding the following after

section 198: 198.1(1) The councU of a municipality that supplies Us own communal water supply may by by-law provide authority for the fluoridation of the municipality's communal water sup ply.

(2) Before the by-law is finaUy passed by the councU a pleb iscite of the electors of the municipaUty shaU be taken to determine if the electors approve of fluoridation of the com munal water supply.

(3) A copy of the proposed by-law shaU in the following or similar form be pubUshed in a newspaper of general cUcula- tion in the municipaUty: "PubUc notice is hereby given that there has been mtro- duced in the council of., a by-law providing for fluoridation ofthe water supply ofthe o^ and that a copy of the by-law may be seen at the office of the (city clerk or secretary-treasurer, as the case may be) of and further that a plebi scite ofthe electors of will be taken to determine if they approve ofthe fluoridation ofthe com munal water supply, and if a majority ofthe electors vot ing on the plebiscite vote in favour of fluoridation, the by-law will be finaUy passed." 38

(4) The procedure before, during and after the taking of the plebiscite shaU be that provided for the taking of a vote on a debenture by-law in so far as it is appUcable, and fluoridation of the communal water supply shall be declared to be ap proved if such fluoridation receives the approval of a major ity of the electors voting on the plebiscite.

(5) If the plebiscite does not approve fluoridation ofthe com munal water supply as provided in subsection (4), the by-law shaU not be finally passed, and no further plebiscite on it shaU be taken by the councU in respect of fluoridation until at least 2 years after the holding of the plebiscite.

(6) When a municipality is fluoridating its communal water supply pursuant to a by-law authorizing it and passed in ac cordance with this section, the councU at any time after 2 years from the date of the plebiscite may rescind the by-law, but the rescinding by-law shaU not be finaUy passed untU it has received the approval of a majority ofthe electors voting on it at a plebiscite held in the same manner as is provided in subsections (1) to (4) for a plebiscite approving fluorida tion,

(7) If a communal water supply suppUes water to only a por tion ofthe municipaUty, the municipality may by by-law pro vide authority for the fluoridation of that communal water supply and in that case this

section appUes as though the words "the municipality" in subsections (2) and (3) read "that portion ofthe municipaUty served by the water supply". (

b) by repealing

section 200; (

c) in

section 202(1) by striking out "a notice has been issued under

section 200(1) or" and by striking out "notice or". Amends RSA 102 The Northeast Alberta Regional Commission Act is amended 1980 cN-8 (

a) in

section l(b)(iv) by adding "local" before "board"; (

b) in

section 8(1) by repealing clause (

I) and substituting the fol lowing: (1) the Public Health Act. Amends RSA 103 The PubUc Service Pension Act is amended in

section 38 l980cP-35 (

a) in clause (b)(iv) by striking out "constituted pursuant to the Health Unit Act" and substituting "under the Public Health Act. and"; (

b) by repealing clause (c). Amends RSA 104 The PubUc Utilities Board Act is amended in

section 103 by l980cP-37 repealing subsection (6). Amends RSA 105 The WUdUfe Act is amended in

section 26(1) by striking out "a 1980 cw-9 ^^^^ premises permit, in relation to the premises, issued under the Public Health Act" and substituting "any permit required in respect of the premises and issued under the regulations under the Public Health Act". 39

Repeals Coming into force 106 The following Acts are repealed on Proclamation; (

a) Health Unit Act; (

b) Nursing Service Act; (

c) Public Health Act. RSA 1980 cP-27; (

d) Treatment Services Act; (

e) Tuberculosis Act; (

f) Venereal Diseases Prevention Act. 107 Except for

section 95, this Act comes into force on Proclama tion. 40 Title: 1984 (20th, 2nd) Bill 25, Public Health Act

Document details

Collection	Alberta — Bills
Citation	L20 S2 3497
Type	bill
Volume / chapter	L20 S2 3497
Language	en
Format	json
Source	PROVINCIAL
Identifier	461ecb050d4f1e5635f10b72e574111925cdab6b

Source file is stored in the law ingest library (json).