May 29, 2008

1922970521/08028/tlc08028_f

E4tlc08028

Definitions and

Interpretation

Definitions

In this Act:

communicable disease means an illness caused by an infectious agent or its toxic products;

contact information means information sufficient to contact a person, including the person's home and business address, telephone number and email address;

diagnostic examination includes, for the purposes of determining the existence or identity of an infectious agent or a hazardous agent, or of managing a health condition,

collecting bodily fluids and substances for examination,

diagnostic imaging examinations,

skin testing, and

psychological testing;

employee , except in relation to an employee of a local government, includes a volunteer and a person providing services under contract;

exposed means to have been

in contact with, or near, a person or thing that is or may be infected with an infectious agent or contaminated with a hazardous agent, or

in an environment contaminated with an infectious agent or a hazardous agent,

in such a manner as to be at risk of being infected with the infectious agent or contaminated with the hazardous agent;

facility includes a laboratory;

hazardous agent means a prescribed thing that

may cause a risk to health if a person is contaminated with the thing, or

indicates the presence of a contaminant that could cause a risk to health;

health authority means a regional health board or a prescribed body;

health hazard means

a condition, a thing or an activity that

endangers, or is likely to endanger, public health, or

interferes, or is likely to interfere, with the suppression of infectious agents or hazardous agents, or

a prescribed condition, thing or activity, including a prescribed condition, thing or activity that

is associated with injury or illness, or

fails to meet a prescribed standard in relation to health, injury or illness;

health impediment means a prescribed condition, thing or activity

the cumulative effects of which, over a period of time, are likely to adversely affect public health,

that causes significant chronic disease or disability in the population,

that interferes with or is inconsistent with the goals of public health initiatives respecting the prevention of injury or illness in the population, including chronic disease or disability, or

that is associated with poor health within the population;

health officer means

an environmental health officer designated under

section 78 [designation of environmental health officers] ,

a medical health officer designated under

section 71 [designation of medical health officers] , and

the provincial health officer, for the purposes of

section 14 [requesting and disclosing information] ,

section 54 [general emergency powers] ,

iii

section 67 [provincial health officer may act as health officer] ,

section 80 (1) [powers and duties under other enactments or that overlap] ,

Division 2 [Other Matters] of

Part 7,

Part 8 [Administrative Penalties, Offences and Sentencing] , and

vii

a regulation made in respect of the provisions listed in subparagraphs (

i) to (vi);

health professional means

a medical practitioner,

a person authorized to practise a designated health profession within the meaning of the Health Professions and Occupations Act , or

a person who practises a health profession within the meaning of the Health Professions and Occupations Act that is prescribed for the purposes of this definition;

infected person or infected thing means a person who, or thing that,

is or is likely infected with, or has been or has likely been exposed to, a prescribed infectious agent, or

is or is likely contaminated with, or has been or has likely been exposed to, a prescribed hazardous agent

regardless of whether the person or thing suffers any communicable disease or adverse effect from the infectious agent or hazardous agent, or exhibits any symptom of being ill or infected;

infectious agent means a prescribed thing that could give rise to an illness and that may be transmitted in any manner and at any distance

by a person who, or thing that, is infected with the thing, or

through another thing, the environment or any other means;

laboratory means

a medical or clinical diagnostic laboratory,

a veterinary laboratory,

a medical research laboratory,

a laboratory that tests environmental samples, or

a laboratory or class of laboratories as may be designated by order of the minister as a laboratory for the purposes of this Act and the regulations made under it;

local government means

a municipality, including the City of Vancouver,

a regional district, or

a prescribed body;

operator means a person who performs a regulated activity, and includes any person who assists, directs, supervises or employs that person for the purpose of doing the regulated activity;

personal information includes

personal information within the meaning of the Freedom of Information and Protection of Privacy Act and the Personal Information Protection Act , and

contact information;

population includes a subclass within the population;

preventive measures means measures taken for the purpose of

preventing illness,

promoting health,

preventing transmission of an infectious agent, or

preventing contamination by a hazardous agent

and includes the measures set out in

section 16 (1);

private dwelling means a place, or part of a place, used exclusively for residential purposes, but does not include a place where a person resides temporarily as a result of the person's detention under this or any other enactment;

public body means a public body within the meaning of the Freedom of Information and Protection of Privacy Act ;

public health plan means a public health plan made under

section 3 [minister may require public health plans] ;

regional health board means a regional health board designated under the Health Authorities Act ;

regulated activity means an activity that is prescribed as a regulated activity;

similarly designated health officer means a health officer who

may exercise powers and perform duties in the same geographic area as a health officer who has made

a decision within the meaning of

section 21 [reconsideration of licence and permit decisions] , or

an order under

Part 4 [Inspections and Orders] , and

has the power to make the type of decision or order made by that health officer;

syndrome means a prescribed condition that

is characterized by or associated with a group of signs and symptoms, and

has an adverse effect on health;

thing includes

tangible things, and

organisms, other than humans;

vehicle means a device, whether self-propelled or propelled by other means, designed to transport people or things on, under or over land, including by rail, or in or on water, and includes machinery, equipment or an apparatus mounted on or attached to the device.

Interpretation

Unless a contrary intention is expressed, a reference in this Act or a regulation made under it to

a building or structure, includes part of the building or structure, or

a place, includes part of the place, any natural or artificial feature on or in the place, and any building or structure located on the place.

If the context requires it, a reference to a person includes a person having authority under the common law or an enactment to make personal and health care decisions in respect of the person.

For the purposes of this Act and the regulations made under it, a condition, situation or thing is caused by a person or another thing if the person or other thing

contributes beyond a minimal extent to the happening or existence of the condition, situation or thing, or

directly or indirectly causes the condition, situation or thing.

Public Health Planning and Reporting

Making Public Health Plans

Minister may require public health plans

To promote and protect health and well-being, the minister may by order require a public body to make, in respect of a specific issue or geographic area, a public health plan.

The minister may specify one or more of the following as the purposes of the public health plan:

to identify and address the health needs of particular groups within the population, including aboriginal peoples;

to monitor and assess the status of the health of the population, including through public health surveillance and monitoring indicators of, or factors influencing, the health of the population;

to prevent and mitigate the adverse effects of diseases and disabilities, syndromes, psychosocial disorders, injuries and health hazards;

to identify, prevent and mitigate the adverse effects of health impediments;

to facilitate or plan for the delivery of core public health functions;

to achieve a prescribed purpose.

An order under this

section may include a requirement to comply with any written agreement in respect of public health plans entered into between the minister and the public body.

Each regional health board and local government having jurisdiction in the geographic area to which the public health plan applies must be consulted on the proposed public health plan.

The minister may by order extend the time for completing the public health plan whether or not the time previously set has expired.

A public body subject to an order under this

section must comply with the order.

Approval of public health plans

A public body required to make a public health plan must

submit the public health plan to the minister,

revise the public health plan according to the directions of the minister, and

once the minister is satisfied with the public health plan, publish the public health plan.

If in the opinion of the minister it would be in the public interest for

section 5 [effect of public health plans on statutory decisions] or 6 [relationship of public health plans to other planning processes] to apply to a public health plan, the minister may place the public health plan before the Lieutenant Governor in Council for approval by order.

After Public Health Plan is Made

Effect of public health plans on statutory decisions

In this section, authorization includes any licence, permit, approval or other authorization granted under this or any other enactment.

This

section applies if the Lieutenant Governor in Council approves a public health plan under

section 4 [approval of public health plans] and, for the purposes of implementing a public health plan, makes a regulation to do any of the following:

require persons making decisions under a specified enactment to consider the public health plan in making those decisions;

restrict or put conditions on the issuance or amendment of authorizations under a specified enactment;

restrict or put conditions on the exercise of a power or the performance of a duty under a specified enactment.

A regulation described under subsection (2) applies to all of the geographic area under the public health plan, unless otherwise provided in the regulation.

Despite an enactment specified in a regulation described under subsection (2), if the regulation establishes requirements that must be imposed in issuing or amending an authorization under an enactment, the requirements are deemed to be imposed under the enactment under which the authorization is issued or amended.

The issuance or amendment of an authorization, or the exercise of a power or the performance of a duty, contrary to a regulation described under subsection (2) has no effect.

Relationship of public health plans to other planning processes

This

section applies if the Lieutenant Governor in Council approves a public health plan under

section 4 [approval of public health plans] and, for the purposes of implementing a public health plan, makes a regulation to do any of the following:

require a specified part of the government, or a local government, to consider the public health plan during strategic or operational planning processes;

require that the results of specified government or local government strategic or operational planning processes be consistent with the public health plan;

despite any other enactment, provide that specified government or local government strategic or operational plans, bylaws or other planning documents, or classes of these, do not have legal effect to the extent of any inconsistency with the public health plan.

If a regulation described under subsection (1) is made, the minister may, for the purposes of facilitating the implementation of the regulation, make an order

modifying a provision of the regulation in respect of a local government, or

exempting a local government from a provision of the regulation.

Reporting on public health plans

The minister may by order require a health authority to monitor the implementation of a public health plan in the geographic area for which the health authority has jurisdiction, and to report in the manner required by the minister on

the measures that have been taken to give effect to the public health plan,

compliance with the objectives of the public health plan, and

any other matter relevant to the implementation of the public health plan.

Review and revision of public health plans

The minister may by order require a review of a public health plan in accordance with terms set by the minister, and a person subject to the order must comply with it.

The minister may by order vary the terms of a public health plan, and, if the terms are varied, the person responsible for the plan must revise the plan to the satisfaction of the minister.

If a public health plan that has been approved by the Lieutenant Governor in Council under

section 4 [approval of public health plans] is revised, the minister must either

place the revised public health plan before the Lieutenant Governor in Council for approval by order, or

request the Lieutenant Governor in Council to rescind the order approving the public health plan before it was revised.

Reporting Disease, Health Hazards and Other Matters

Purposes for collection, use and disclosure of personal information

A person may collect, use or disclose personal information for the purposes of this Division, but only if it is necessary for one or more of the following purposes:

to identify an individual who needs or is receiving health services;

to provide health services to, or facilitate the care of, an individual;

to identify a person who is providing health services;

to prevent or manage chronic conditions, at the individual or population level;

to assess and address public health needs;

to engage in health system planning, management, evaluation or improvement, including

health service development, management, delivery, monitoring and evaluation,

the compilation of statistical information,

iii

public health surveillance, and

the assessment of the safety and effectiveness of health services;

to conduct or facilitate research into health issues;

to assess and address threats to public health.

Information collected, used or disclosed under this Division may be further collected, used or disclosed for a stewardship purpose within the meaning of, and in accordance with, the Ministry of Health Act .

Mandatory reporting of infection or exposure

This

section applies to a health professional, a person responsible for administering a hospital or laboratory, and a prescribed person who, in carrying out the health professional's or person's duties, becomes aware that a person or thing

is an infected person or infected thing, or

has died or may have died as a result of being an infected person or infected thing.

If an infectious agent or a hazardous agent is prescribed for the purposes of this section, a person to whom this

section applies must promptly report the following information, to the extent of the person's knowledge, to a prescribed person:

the identity and contact information, if known, of a person who

is or was an infected person, or

has custody or control of an infected person or infected thing;

if the information described in paragraph (

a) is unavailable, or no one has custody or control of the infected person or infected thing,

the last known location of the infected person or infected thing, and

information that would assist in identifying the infected person or infected thing;

the nature of the infectious agent or hazardous agent, including

any signs or symptoms,

any diagnostic examination or other examination that was done or preventive measures that were taken, and

iii

the results of any diagnostic examination or other examination that was done or preventive measures that were taken;

any prescribed information;

any other relevant information requested by the person to whom the report is made.

If an infectious agent or a hazardous agent is prescribed for the purposes of this section, a person to whom this

section applies must

make records and take samples as prescribed, and

take other prescribed actions.

Mandatory reporting of health hazards

If a prescribed person becomes aware that a prescribed health hazard exists or may exist, the person must promptly report the following information, to the extent of the person's knowledge, to a prescribed person:

the nature of the health hazard, including its location and cause or source;

the identity of persons involved in causing or responding to the health hazard;

the persons who may be adversely affected by the health hazard;

prescribed information;

any other relevant information requested by the person to whom the report is made.

Mandatory reporting for other public health purposes

If a matter affecting health promotion or health protection is prescribed for the purposes of this section, a health professional, a person responsible for administering a hospital or laboratory, and a prescribed person must

promptly report, to the extent of the health professional's or person's knowledge, to a prescribed person,

prescribed information, and

other relevant information requested by the person to whom the report is made,

make records and take samples as prescribed, and

take other prescribed actions.

Mandatory sampling and reporting

For the purposes of monitoring the incidence and nature of infectious agents and hazardous agents and controlling their spread, a medical health officer may, on the medical health officer's own initiative or on receiving a report under this Division, order a laboratory or other person to perform a diagnostic examination and make a report of findings.

A laboratory or person subject to an order under this

section must comply with the order.

Requesting and disclosing information

For the purposes of health promotion or health protection, a health officer and a prescribed person may, if permitted by the regulations, request information from, and disclose information to, the following persons:

a person who makes or receives a report under this Division;

a person who is the subject of a report under this Division;

health professionals, including persons authorized in other jurisdictions to practise a health profession;

public officers responsible for health, including public officers responsible for health in other jurisdictions;

persons employed by a health authority, hospital or laboratory;

prescribed persons.

For greater certainty, information may be disclosed outside British Columbia for the purposes of subsection (1) regardless of whether there is a threat to public health, or a person's health, in British Columbia.

A person who receives a request for information under subsection (1) must, if the person has custody or control of the information, provide the information in the manner and form requested, and within the time requested.

Preventing Disease and Other Health Hazards

Preventing Disease and Other Health Hazards

Must not cause health hazard

A person must not willingly cause a health hazard, or act in a manner that the person knows, or ought to know, will cause a health hazard.

Preventive measures

Preventive measures include the following:

being treated or vaccinated;

taking preventive medication;

washing with, applying or ingesting a substance, or having a substance injected or inserted;

undergoing disinfection and decontamination measures;

wearing a type of clothing or other personal protective equipment, or changing, removing or altering clothing or personal protective equipment;

using a type of equipment or implementing a process, or removing or altering equipment or processes.

A person subject to a regulation requiring preventive measures must not be in a place or do a thing that is prohibited by the regulation until the person has

taken preventive measures as set out in the regulation, or

if permitted by the regulation, made an objection under subsection (4).

Unless a regulation allows an objection to be made under subsection (4), a prescribed health professional who attends the birth of a child must provide to the child any prescribed preventive measures.

A person subject to a regulation requiring preventive measures may, if permitted by the regulation, make an objection to a medical health officer, either in person or in the prescribed manner, stating that the person

believes that the preventive measures would be harmful to the person's health, or

objects to the preventive measures for reasons of conscience.

Despite subsection (4), if an objection is permitted by the regulations to be made for the purposes of subsection (3), the objection may be made to the health professional who attends the birth of the child.

A person who has made an objection must not

be required to take the preventive measures, and

if applicable, be in a place or do a thing that is prohibited by the regulations.

Must seek advice if infected or exposed

If a person is informed by a health professional, or by a person acting on the instructions of a health professional, that the person

is an infected person, or has custody or control of a person who is an infected person or of a thing that is an infected thing, and

is required by this

section to do the things set out in subsection (2),

the person must comply with subsection (2).

A person who receives information under subsection (1) must

take reasonable steps to avoid transmission of the infectious agent or hazardous agent,

promptly seek advice from a medical practitioner, nurse practitioner, medical health officer or person specified by a medical health officer, and

comply with the instructions of a person referred to in paragraph (b), including instructions respecting

diagnostic examinations and preventive measures, and

prevention of transmission of the infectious agent or hazardous agent.

If, in the opinion of a person referred to in subsection (2) (b), a person who receives information under subsection (1) is not complying with instructions given under subsection (2) (c), the person referred to in subsection (2) (

b) must report the non-compliance in accordance with the regulations to a medical health officer.

Regulating Activities that May Cause Health Hazards

Duties of operators

An operator who engages in a regulated activity must take reasonable care to

prevent health hazards from arising in the course of the regulated activity, and

respond to health hazards that arise, including mitigating harmful effects of the health hazard.

An operator who is an employer must ensure that employees are adequately trained and sufficiently equipped to recognize, prevent and respond to health hazards that may arise when engaging in a regulated activity.

An operator who engages in a regulated activity must comply with any requirement or duty set out in a regulation respecting the regulated activity.

Licences and permits

If an operator is required by regulation to have a licence or permit to engage in a regulated activity, the operator may apply for the licence or permit by submitting to a health officer

an application in the form required by the health officer, and

any prescribed records and fees.

On receiving an application for a licence or permit, a health officer may do one or more of the following:

request, in writing, from the applicant or from a person referenced by the applicant further information, samples, proof of a fact, records or any other thing necessary to evaluate the application;

conduct an inspection under Division 1 [Inspections] of

Part 4;

refer the application to another health officer, a public officer, an employee of a local government or a person having special expertise for review and comment;

issue a temporary licence or permit, with or without terms or conditions, valid for a period of no more than 3 months;

issue the licence or permit, with or without terms or conditions;

reject the application, providing to the applicant, in writing, the reason for the rejection.

An operator who has a licence or permit may request a variation of the licence or permit by

submitting to a health officer an application in the form required by the health officer, and

providing to the health officer information, samples, proof of a fact, records or any other thing necessary to evaluate the application.

A health officer who receives an application under subsection (3) may do any of the following:

exercise any of the powers set out in subsection (2) (

a) to (

c) and (f);

vary the licence or permit.

Suspending, cancelling or varying licences or permits

This

section applies if a licence or permit is issued to an operator under

section 19 [licences and permits] .

In addition to any other action that may be taken under this Act, a health officer may suspend, cancel or vary an operator's licence or permit if

the operator has contravened a term or condition of the licence or permit, or an order made under this Act,

the operator has contravened a requirement of this Act or the regulations made under it, or

the health officer reasonably believes that the operator, in engaging in a regulated activity, has caused or is causing a health hazard.

Before suspending, cancelling or varying an operator's licence or permit, a health officer must provide to the operator

a written notice stating

the action the health officer proposes to take,

the reason for taking the action,

iii

the date the action is to take effect, and

how the operator may respond to the proposed action, and

a reasonable opportunity to respond, in writing, to the proposed action.

If the operator makes a response in accordance with the notice provided under subsection (3), the health officer may do either or both of the following:

delay the date the action is to take effect or suspend the action, if satisfied that the delay or suspension would not be detrimental to public health;

after considering the response and any supporting records or written submissions of the operator,

take the proposed action or a different action, or

rescind the notice and take no action.

The health officer must provide written reasons for a decision made under subsection (4) (b) (i).

Reconsideration of licence and permit decisions

In this section, decision means a decision of a health officer to

reject an application for a licence or permit, or an application to vary a licence or permit,

suspend, cancel or vary a licence or permit.

On receiving notice of a decision from a health officer, a person may request the health officer to reconsider the decision if the person has additional relevant information that was not reasonably available when the person first

submitted the application under

section 19 [licences and permits] , or

responded under

section 20 [suspending, cancelling or varying licences or permits] , if the person responded before the decision took effect.

A request for reconsideration must be made

in the form required by the health officer, and

within 120 days after receiving notice of the decision.

After considering a request for reconsideration, a health officer may do one or more of the following:

reject the request on the basis that

the information submitted in support of the request is not relevant, or was reasonably available at the time referred to in subsection (2), or

the person did not respond under

section 20 before the date the decision took effect;

delay the date the decision is to take effect or suspend the decision, if satisfied that the delay or suspension would not be detrimental to public health;

take, as applicable, one or more of the actions described in

section 19 (2) or (4), or

section 20 (4) (b).

A health officer must provide written reasons for an action taken under subsection (4) (c), and a person may not request further reconsideration.

If a health officer is unable or unavailable to reconsider the health officer's decision, a similarly designated health officer may act under this

section in respect of the decision as if the health officer were reconsidering the health officer's own decision.

Following a reconsideration under this section, the person who requested the reconsideration may request a review of the rejection or action taken under subsection (4) (

a) or (

c) and, for the purposes of a review,

section 44 (2) to (5) [review of orders] applies as if the rejection or action were an order made under

Part 4 [Inspections and Orders] .

Regulating Health Impediments

Duties respecting health impediments

This

section applies to a person who

is responsible for a condition or thing, or

engages in an activity,

prescribed for the purposes of this

section as a condition, a thing or an activity that causes or is associated with a health impediment.

A person described in subsection (1) must

comply with any requirement or duty set out in a regulation respecting the condition, thing or activity,

not do anything that is prohibited by the regulation, and

ensure that employees are adequately trained and sufficiently equipped to comply with any requirement or duty set out in the regulation.

Inspections and Orders

Inspections

When inspection may be made

Subject to

section 25 [entering to inspect] , a health officer may stop a person or vehicle, enter a vehicle or place and inspect a vehicle or place for any of the following reasons:

for the purposes of determining whether

the person is an infected person,

the person has custody or control of a person who is an infected person, or of a thing that is an infected thing,

iii

the vehicle or place is an infected thing, or has an infected thing in it or on it,

a health hazard exists or likely exists in or on the vehicle or place, or in relation to the activities of the person, or

a provision of this Act or a regulation made under it, a term or condition of a licence or permit issued under this Act or an order made under this Act may have been, is being or is likely about to be contravened;

if the person, vehicle or place is described in a report made under Division 3 [Reporting Disease, Health Hazards and Other Matters] of

Part 2;

to determine whether

a licence or permit should be issued, or an order should be made, under this Act, or

a term or condition of a licence or permit issued under this Act, or an order made under this Act, should be varied or rescinded;

to monitor or confirm compliance with

a provision of this Act or a regulation made under it, or

a term or condition of a licence or permit issued under this Act, or an order made under this Act;

if a health officer has the power to monitor or confirm compliance with a provision of another enactment, to monitor or confirm compliance with that provision;

for any purpose for which an inspection by a health officer is expressly authorized under this or any other enactment;

for a prescribed purpose.

Inspection powers

A health officer may do one or more of the following for the purposes of an inspection:

be accompanied or assisted by a person who has special, expert or professional knowledge of a matter relevant to the inspection;

require a person to produce relevant records or things in the person's possession or control;

inspect, copy or remove relevant records or things;

require a person to stop engaging in an activity, or stop the operation of a thing;

require a person to demonstrate a relevant skill, or operate a thing or carry out a procedure as directed by the health officer;

make records in respect of a person, place or thing;

take samples and perform analyses and tests, including tests in which a sample is destroyed;

require that a place or thing not be altered or disturbed for a reasonable period of time;

question a person whom the health officer reasonably believes to have relevant information;

attend a relevant training program;

make an order necessary for the purpose of exercising a power of inspection.

If a health officer removes records or things under subsection (1) (c), the health officer must

provide a receipt for the records or things to the person from whom they were taken, and

subject to a power under this or any other enactment to order a thing destroyed, promptly return the records or things

when they have served the purposes for which they were taken, or

if an action or a proceeding is taken under this or any other enactment as a result of an inspection, and the records or things are relevant to the action or proceeding, no later than 3 months after the conclusion of the action or proceeding.

For the purposes of an order made under subsection (1) (k), the person who is subject to the order must comply with it.

Entering to inspect

A health officer may conduct an inspection at any reasonable hour.

Before entering a vehicle or place, a health officer must

take reasonable steps to notify the owner or occupier of the place of the date and time that the health officer will be entering, and

if the place is a private dwelling, obtain either the consent of the owner or occupier or a warrant to enter.

Despite subsection (2) (a), a health officer may conduct an inspection without providing notice if

providing notice would not be reasonably possible or practical in the circumstances, or

in the case of a regulated activity, providing notice would frustrate the purposes of the inspection.

Order of the Minister

Minister may order temporary quarantine facility

The minister may by order designate a place as a quarantine facility if the minister reasonably believes that the temporary use of the place for the purposes of isolating or detaining infected persons is necessary to protect public health.

A person who has control of a place designated as a quarantine facility must provide the place to the minister or a medical health officer.

Orders Respecting Infectious Agents and Hazardous Agents

When orders respecting infectious agents and hazardous agents may be made

A medical health officer may issue an order under this Division only if the medical health officer reasonably believes that

a person

is an infected person, or

has custody or control of an infected person or an infected thing, and

the order is necessary to protect public health.

An order may be issued based on clinical findings or a person's or thing's circumstances or medical history, even if the person or thing has been examined and the examination did not reveal the presence of an infectious agent or a hazardous agent.

General powers respecting infectious agents and hazardous agents

If the circumstances described in

section 27 [when orders respecting infectious agents and hazardous agents may be made] apply, a medical health officer may order a person to do anything that the medical health officer reasonably believes is necessary for either or both of the following purposes:

to determine whether an infectious agent or a hazardous agent exists, or likely exists;

to prevent the transmission of an infectious agent or a hazardous agent.

A medical health officer may, in respect of an infected thing,

make any order, with any necessary modifications, that can be made under this Division as if the infected thing were an infected person, and

direct the order to any person having custody or control of the infected thing.

Specific powers respecting infectious agents and hazardous agents

An order may be made under this

section only

if the circumstances described in

section 27 [when orders respecting infectious agents and hazardous agents may be made] apply, and

for the purposes set out in

section 28 (1) [general powers respecting infectious agents and hazardous agents] .

Without limiting

section 28, a medical health officer may order a person to do one or more of the following:

remain in a specified place, or not enter a place;

avoid physical contact with, or being near, a person or thing;

be under the supervision or care of a specified person;

provide to the medical health officer or a specified person information, records, samples or other matters relevant to the person's possible infection with an infectious agent or contamination with a hazardous agent, including information respecting persons who may have been exposed to an infectious agent or a hazardous agent by the person;

be examined by a specified person, including

going to a specified facility for examination, and

being examined before a particular date or according to a schedule;

submit to diagnostic examination, including going to a specified facility or providing the results to a specified person;

take preventive measures, including

going to a specified facility for preventive measures,

complying with preventive measures set out in the order, specified by a medical practitioner or nurse practitioner, or both, and

iii

beginning preventive measures before a particular date, and continuing until a particular date or event;

provide evidence of complying with the order, including

getting a certificate of compliance from a medical practitioner, nurse practitioner or specified person, and

providing to a medical health officer any relevant record;

take a prescribed action.

Orders Respecting Health Hazards and Contraventions

When orders respecting health hazards and contraventions may be made

A health officer may issue an order under this Division only if the health officer reasonably believes that

a health hazard exists,

a condition, a thing or an activity presents a significant risk of causing a health hazard,

a person has contravened a provision of the Act or a regulation made under it, or

a person has contravened a term or condition of a licence or permit held by the person under this Act.

General powers respecting health hazards and contraventions

If the circumstances described in

section 30 [when orders respecting health hazards and contraventions may be made] apply, a health officer may order a person to do anything that the health officer reasonably believes is necessary for any of the following purposes:

to determine whether a health hazard exists;

to prevent or stop a health hazard, or mitigate the harm or prevent further harm from a health hazard;

to bring the person into compliance with the Act or a regulation made under it;

to bring the person into compliance with a term or condition of a licence or permit held by that person under this Act.

A health officer may issue an order under subsection (1) to any of the following persons:

a person whose action or omission

is causing or has caused a health hazard, or

is not in compliance with the Act or a regulation made under it, or a term or condition of the person's licence or permit;

a person who has custody or control of a thing, or control of a condition, that

is a health hazard or is causing or has caused a health hazard, or

is not in compliance with the Act or a regulation made under it, or a term or condition of the person's licence or permit;

the owner or occupier of a place where

a health hazard is located, or

an activity is occurring that is not in compliance with the Act or a regulation made under it, or a term or condition of the licence or permit of the person doing the activity.

Specific powers respecting health hazards and contraventions

An order may be made under this

section only

if the circumstances described in

section 30 [when orders respecting health hazards and contraventions may be made] apply, and

for the purposes set out in

section 31 (1) [general powers respecting health hazards and contraventions] .

Without limiting

section 31, a health officer may order a person to do one or more of the following:

have a thing examined, disinfected, decontaminated, altered or destroyed, including

by a specified person, or under the supervision or instructions of a specified person,

moving the thing to a specified place, and

iii

taking samples of the thing, or permitting samples of the thing to be taken;

in respect of a place,

leave the place,

not enter the place,

iii

do specific work, including removing or altering things found in the place, and altering or locking the place to restrict or prevent entry to the place,

neither deal with a thing in or on the place nor dispose of a thing from the place, or deal with or dispose of the thing only in accordance with a specified procedure, and

if the person has control of the place, assist in evacuating the place or examining persons found in the place, or taking preventive measures in respect of the place or persons found in the place;

stop operating, or not operate, a thing;

keep a thing in a specified place or in accordance with a specified procedure;

prevent persons from accessing a thing;

not dispose of, alter or destroy a thing, or dispose of, alter or destroy a thing only in accordance with a specified procedure;

provide to the health officer or a specified person information, records, samples or other matters relevant to a thing's possible infection with an infectious agent or contamination with a hazardous agent, including information respecting persons who may have been exposed to an infectious agent or hazardous agent by the thing;

wear a type of clothing or personal protective equipment, or change, remove or alter clothing or personal protective equipment, to protect the health and safety of persons;

use a type of equipment or implement a process, or remove equipment or alter equipment or processes, to protect the health and safety of persons;

provide evidence of complying with the order, including

getting a certificate of compliance from a medical practitioner, nurse practitioner or specified person, and

providing to a health officer any relevant record;

take a prescribed action.

If a health officer orders a thing to be destroyed, the health officer must give the person having custody or control of the thing reasonable time to request reconsideration and review of the order under sections 43 and 44 unless

the person consents in writing to the destruction of the thing, or

Part 5 [Emergency Powers] applies.

Ordering others to comply and entering to take action

If a health officer is not satisfied that a person is adequately complying with, or has adequately complied with, an order, the health officer may

if the person is the owner of the place in respect of which the original order was issued, order an occupier of the place to comply with the original order,

if the person is an occupier of the place in respect of which the original order was issued, order the owner of the place to comply with the original order, or

take action to prevent or remove, or mitigate the harmful effects of, the health hazard that is the subject of the original order, including authorizing a person to carry out work on behalf of the health officer.

Subject to subsection (3), a health officer who has issued an order, or a person acting on behalf of the health officer, may enter on or into a place that is subject to the order for the purpose of taking an action under subsection (1) (c).

Section 25 [entering to inspect] applies to entry under subsection (2) as if the health officer, or the person acting on behalf of the health officer, were making an inspection of the place.

Recovery of costs by persons other than health authorities

In this section, landlord , rental unit and tenant each have the same meaning as in the Residential Tenancy Act .

If a person is ordered to comply with an order under

section 33 (1) (

a) or (b) [ordering others to comply and entering to take action] , the person may, subject to subsection (3) of this section, recover reasonable costs incurred in complying with the order as a debt due from the person who was the subject of the original order.

If a tenant is ordered to comply with an order under

section 33 (1) (

a) in respect of a rental unit under the Residential Tenancy Act or manufactured home site under the Manufactured Home Park Tenancy Act , the tenant may recover from the landlord reasonable costs incurred in complying with the order, but must do so under the Residential Tenancy Act or Manufactured Home Park Tenancy Act , as applicable, as if the costs were for emergency repairs to the rental unit or manufactured home site.

Recovery of costs by health authorities

If a health officer or health authority does work or contracts for work to be done under

section 33 (1) (c) [ordering others to comply and entering to take action] , the health officer or health authority may recover reasonable costs from the person who was subject to the original order by filing a certificate in the prescribed form in the Supreme Court.

A certificate must be filed within 2 years of the work being done.

A certificate must be signed by the health officer or the corporate executive officer of the health authority or the corporate executive officer's delegate, and must include all the following information:

the details of the original order, including the date it was issued;

the total amount owing;

the name of the person who was subject to the original order;

the date the costs were incurred, and the manner in which they were incurred.

Subject to the regulations, a certificate has the same effect, and proceedings may be taken on it, as if it were a judgment of the Supreme Court for the recovery of a debt in the amount stated against the person who was subject to the original order.

A certificate is

admissible in any proceedings to recover the certified debt without proof of the signature or official position of the person appearing to have signed the certificate, and

proof of the certified facts.

A copy of the filed certificate must be served in the prescribed manner on the person who was subject to the original order.

A person who has been served with a copy of the filed certificate under subsection (6) may, within 30 days of being served, request the Supreme Court to review, in accordance with the regulations, the amount owing.

After reviewing the amount owing, the Supreme Court may rescind or modify the certificate if satisfied that the amount owing is not reasonable.

Notice of orders

A health officer who makes an order in respect of land affected by a health hazard may file in the land title office a written notice containing

a description of the land sufficient for the registrar to identify the land in the records of the land title office, and

a statement that

an order has been issued under this Act that affects the land, and

any person who acquires an interest in the land before the order ceases to have effect is subject to the order.

If a notice is filed under subsection (1), the registrar must make a notation of the filing in the proper register against the title to the affected property.

In the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making of a notation of a filing, or the registration of a transfer or other disposition under this section,

neither the registrar, nor the government nor the Land Title and Survey Authority of British Columbia is liable vicariously, and

neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under

Part 19.1 [Land Title and Survey Authority Assurance Fund] of the Land Title Act .

If a notation is made under subsection (2), the order made by the health officer and, if applicable, any variation of it is binding on all persons who acquire an interest in the land that is the subject of the order.

a notation is made under subsection (2), and

a health officer is satisfied that an order referred to in subsection (1) has been substantially complied with,

the health officer may deliver a notice to that effect to the registrar, and the registrar must cancel the notation made under subsection (2).

Making and Reviewing Orders

Application of this Division

Unless a contrary intention is expressed, this Division applies to every order made under Division 1, 3 or 4.

For the purposes of this Division, a person is affected by an order if

the person is required to comply with the order, or

the person's privacy or bodily integrity would be adversely affected by another person's compliance with the order.

May make written agreements

If the health officer reasonably believes that it would be sufficient for the protection of public health and, if applicable, would bring a person into compliance with this Act or the regulations made under it, or a term or condition of a licence or permit held by the person under this Act, a health officer may do one or both of the following:

instead of making an order under Division 1, 3 or 4, enter into a written agreement with a person, under which the person agrees to do one or more things;

order a person to do one or more things that a person has agreed under paragraph (

a) to do, regardless of whether those things could otherwise have been the subject of an order under Division 1, 3 or 4.

If, under the terms of an agreement under subsection (1), a health officer conducts one or more inspections, the health officer may use information resulting from the inspection as the basis of an order under this Act, but must not use the information as the basis on which to

levy an administrative penalty under this Act, or

charge a person with an offence under this Act.

Contents of orders

A health officer must make an order in writing, and must describe all of the following in the order:

subject to subsection (5), who must comply with the order;

what must be done or not done, and any conditions, including if applicable the date by which something must be done;

the date on which, or the circumstances under which, the order is to expire, if the date or circumstances are known;

subject to the regulations, information sufficient to enable a person to contact the health officer;

how a person affected by the order may have the order reconsidered;

any prescribed matter.

A health officer may combine 2 or more orders in a single written notice.

An order may be made in respect of a class of persons.

If a provision under this Act refers to a specified facility, place, person or procedure in respect of an order, a health officer must specify the facility, place, person or procedure

in accordance with an order made under

section 63 [power to establish directives and standards] , or

if no order under

section 63 applies, that the health officer reasonably believes to be appropriate in the circumstances.

If a medical health officer publishes an order respecting an infected person, the infected person's identity must not be disclosed unless disclosure is necessary for the protection of public health.

A health officer who makes an order may vary the order

at any time on the health officer's own initiative, or

on the request of a person affected by the order, following a reconsideration under

section 43 [reconsideration of orders] .

Instructions to other persons

If a medical health officer orders a person to be examined, the medical health officer must include with the order an instruction to the examiner to provide a copy of the results of the examination to the examined person, and may instruct the examiner to provide

a copy of the results of the examination to one or more of

a health professional chosen by the examined person, if any,

the medical health officer, and

iii

a person specified by the medical health officer, and

a report to a person listed in paragraph (

a) respecting

the examiner's recommendations, and

the compliance of a person ordered to be examined with that order.

Despite subsection (1), a medical health officer may order an examiner not to disclose the results of an examination to the examined person if the medical health officer reasonably believes that the disclosure could reasonably be expected to

threaten another person's safety or mental or physical health,

interfere with public safety, or

result in immediate and grave harm to the examined person's safety or mental or physical health.

If a medical health officer orders a person to be examined, the medical health officer may, to assist a person in complying with an order or to protect or promote public health, include with the order instructions to the examiner respecting an outcome to be achieved.

A person given instructions under this

section must comply with the instructions.

Service of orders

Orders and notices of variations of orders must be served in accordance with the regulations.

If an order is served by posting the order in a place, a person other than a health officer must not remove, deface or alter the posted order.

Duty to comply with orders

A person named or described in an order made under this Part must comply with the order.

Subsection (1) applies regardless of whether the person leaves the geographic area for which the health officer who made the order is designated.

Reconsideration of orders

A person affected by an order, or the variance of an order, may request the health officer who issued the order or made the variance to reconsider the order or variance if the person

has additional relevant information that was not reasonably available to the health officer when the order was issued or varied,

has a proposal that was not presented to the health officer when the order was issued or varied but, if implemented, would

meet the objective of the order, and

be suitable as the basis of a written agreement under

section 38 [may make written agreements] , or

requires more time to comply with the order.

A request for reconsideration must be made in the form required by the health officer.

After considering a request for reconsideration, a health officer may do one or more of the following:

reject the request on the basis that the information submitted in support of the request

is not relevant, or

was reasonably available at the time the order was issued;

delay the date the order is to take effect or suspend the order, if satisfied that doing so would not be detrimental to public health;

confirm, rescind or vary the order.

A health officer must provide written reasons for a decision to reject the request under subsection (3) (

a) or to confirm or vary the order under subsection (3) (c).

Following a decision made under subsection (3) (

a) or (c), no further request for reconsideration may be made.

An order is not suspended during the period of reconsideration unless the health officer agrees, in writing, to suspend it.

For the purposes of this section,

if an order is made that affects a class of persons, a request for reconsideration may be made by one person on behalf of the class, and

if multiple orders are made that affect a class of persons, or address related matters or issues, a health officer may reconsider the orders separately or together.

If a health officer is unable or unavailable to reconsider an order the health officer made, a similarly designated health officer may act under this

section in respect of the order as if the similarly designated health officer were reconsidering an order that the similarly designated health officer made.

Review of orders

A person affected by an order may request a review of the order under this

section only after a reconsideration has been made under

section 43 [reconsideration of orders] .

A request for a review may be made,

in the case of an order made by a medical health officer, to the provincial health officer, or

in the case of an order made by an environmental health officer, to a medical health officer having authority in the geographic area for which the environmental health officer is designated.

If a review is requested, the review is to be based on the record.

If a review is requested, the reviewer may do one or more of the following:

delay the date the order is to take effect or suspend the order, if satisfied that doing so would not be detrimental to public health;

confirm, vary or rescind the order;

refer the matter back to the person who made the order, with or without directions.

A reviewer must provide written reasons for an action taken under subsection (4) (

b) or (c), and a person may not request further review of an order.

Mandatory reassessment of orders

Subject to the regulations, a person affected by an order may request the health officer who issued the order to re-assess the circumstances relevant to the order to determine whether the order should be terminated or varied.

On receiving a request under subsection (1), the health officer must re-assess the order in accordance with the regulations.

If, following a reassessment, a health officer reasonably believes that the order is, or conditions within the order are, no longer necessary to protect public health, the health officer must immediately terminate the order, or vary or remove the conditions, as applicable.

Termination of orders

An order ceases to have effect on the date or in the circumstances stated in the order, or, if no date or circumstances are stated, as follows:

if an order is served by posting it in or on a place, on the date the order is removed by a health officer;

if an order is served by publishing it, on the date a health officer publishes notice that the order has been terminated;

in the case of an order to take preventive measures, on the date the person subject to the order receives notice from the person who is responsible for administering or supervising the preventive measures that the preventive measures are no longer required;

in any other case, on the date a health officer provides notice by any means to the person served with the order that the order has been terminated.

Enforcement of Orders

Warrants

Without notice to any person, a health officer may apply, in the manner set out in the regulations, to a justice of the peace for an order under this section.

A justice of the peace may issue a warrant in the prescribed form authorizing a health officer, or a person acting on behalf of a health officer, to enter and search a place, including a private dwelling, and take any necessary action if satisfied by evidence on oath or affirmation that it is necessary for the purposes of

taking an action authorized under this Act, or

determining whether an action authorized under this Act should be taken.

Injunctions

Without notice to any person, a health officer may apply, in the manner set out in the regulations, to a judge of the Supreme Court for an order under this section.

A judge of the Supreme Court may grant an injunction restraining a person from contravening, or requiring a person to comply, with

a provision of this Act or a regulation made under it, or

a term or condition of the person's licence or permit issued under this Act, or an order made under this Act,

if satisfied by evidence on oath or affirmation that there has been or will be a contravention of this Act, the regulations, the licence, the permit or the order.

A judge of the Supreme Court may order a person to do or refrain from doing those things the judge considers necessary if satisfied by evidence on oath or affirmation that the person is interfering with or obstructing, or will likely interfere with or obstruct, a person who is exercising powers or performing duties under this Act.

A judge of the Supreme Court may grant an interim injunction or order until the outcome of an application commenced under this section.

Application to court if danger to public health

To obtain an order under this section, a medical health officer may apply, in the manner set out in the regulations and with the approval of the provincial health officer, to a judge of the Provincial Court.

Subject to the regulations, a judge of the Provincial Court, on receiving an application, may make an order under subsection (3) if satisfied by evidence on oath or affirmation that

a person is an infected person,

either

the person has contravened an order of the medical health officer to remain in a place or not enter a place, or

an order to remain in a place or not enter a place is not practical in the circumstances, and

the person, if not detained, may be a danger to public health.

On being satisfied of the matters set out in subsection (2), a judge of the Provincial Court may do one or both of the following:

order the detention of the person, including setting the location of detention, the terms of detention and expiry of the order, and

order the person to submit to an examination, preventive measures, or any other thing necessary to ensure that the person will not be a danger to public health.

For the purposes of enforcing an order made under this section, a judge of the Provincial Court may issue a warrant in the prescribed form authorizing apprehension of the person, and transportation of the person to a place.

If a judge of the Provincial Court is not available to hear an application for the purposes of this section, a medical health officer may detain a person by signing a certificate in the prescribed form stating the reasons why the medical health officer believes the person to be a person described in subsection (2).

A certificate completed under subsection (5) is authority for anyone to apprehend and detain the person, and for the transportation of that person to the place of detention stated in the certificate.

If a person is detained under subsections (5) and (6), an application to continue the detention must be made to a judge of the Provincial Court under subsection (1) as soon as reasonably possible, but no later than 7 days from the start of the detention.

Application to court if danger to personal health

To obtain an order under this section, a medical health officer may apply, in the manner set out in the regulations and with the approval of the provincial health officer, to a judge of the Supreme Court.

Subject to the regulations, a judge of the Supreme Court, on receiving an application, may make an order under subsection (3) if satisfied by evidence on oath or affirmation that

a person is living under conditions that are a health hazard, and

continuing to reside in the place may be a danger to the person's health.

On being satisfied of the matters set out in subsection (2), a judge of the Supreme Court may do one or more of the following:

order the person to leave a place in which the person is residing, including putting conditions on the person's return to the place;

order the detention of the person in a facility that will provide care and maintenance to the person;

suspend an order made under paragraph (

b) as long as the person subject to it is residing with, and receiving care and maintenance from, another person;

require the medical health officer to provide a copy of an order made under paragraph (

b) to an agency designated under

section 61 (a.1) of the Adult Guardianship Act for the purposes of

Part 3 of that Act.

Section 49 (4) [application to court if danger to public health] applies for the purposes of an application under this section.

Emergency Powers

Application of this Part

Definitions for this

Part

In this Part:

emergency means a localized event or regional event that meets the conditions set out in

section 52 (1) or (2) [conditions to be met before this Part applies] , respectively;

localized event means an immediate and significant risk to public health in a localized area;

regional event means an immediate and significant risk to public health throughout a region or the province.

Conditions to be met before this Part applies

A person must not exercise powers under this

Part in respect of a localized event unless the person reasonably believes that

the action is immediately necessary to protect public health from significant harm, and

compliance with this Act, other than this Part, or a regulation made under this Act would hinder that person from acting in a manner that would avoid or mitigate an immediate and significant risk to public health.

Subject to subsection (3), a person must not exercise powers under this

Part in respect of a regional event unless the provincial health officer provides notice that the provincial health officer reasonably believes that at least 2 of the following criteria exist:

the regional event could have a serious impact on public health;

the regional event is unusual or unexpected;

there is a significant risk of the spread of an infectious agent or a hazardous agent;

there is a significant risk of travel or trade restrictions as a result of the regional event.

If the provincial health officer is not immediately available to give notice under subsection (2), a person may exercise powers under this Part until the provincial health officer becomes available.

Part applies despite other enactments

During an emergency, this Part applies despite any provision of this or any other enactment, including

in respect of the collection, use or disclosure of personal information, the Freedom of Information and Protection of Privacy Act and the Personal Information Protection Act , and

a provision that would impose a specific duty, limit or procedural requirement in respect of a specific person or thing,

to the extent there is any inconsistency or conflict with the provision or other enactment.

Emergency Powers

General emergency powers

A health officer may, in an emergency, do one or more of the following:

act in a shorter or longer time period than is otherwise required;

not provide a notice that is otherwise required;

do orally what must otherwise be done in writing;

in respect of a licence or permit over which the health officer has authority under

section 55 [acting outside designated terms during emergencies] or the regulations, suspend or vary the licence or permit without providing an opportunity to dispute the action;

specify in an order a facility, place, person or procedure other than as required under

section 63 [power to establish directives and standards] , unless an order under that

section specifies that the order applies in an emergency;

omit from an order things that are otherwise required;

serve an order in any manner;

not reconsider an order under

section 43 [reconsideration of orders] , not review an order under

section 44 [review of orders] or not reassess an order under

section 45 [mandatory reassessment of orders] ;

exempt an examiner from providing examination results to an examined person;

conduct an inspection at any time, with or without a warrant, including of a private dwelling;

collect, use or disclose information, including personal information,

that could not otherwise be collected, used or disclosed, or

in a form or manner other than the form or manner required.

An order that may be made under this Part may be made in respect of a class of persons or things, and may make different requirements for different persons or things or classes of persons or things or for different geographic areas.

Acting outside designated terms during emergencies

The provincial health officer may, in an emergency, make an order authorizing

a health officer to exercise a power or perform a duty in a geographic area for which the health officer has not been designated, and

an environmental health officer to exercise a power or perform a duty of environmental health officers that is not permitted by the environmental health officer's designation.

A health officer must act in accordance with an order of the provincial health officer until the provincial health officer notifies the health officer that the emergency that gave rise to the order has passed.

Emergency preventive measures

The provincial health officer or a medical health officer may, in an emergency, order a person to take preventive measures within the meaning of

section 16 [preventive measures] , including ordering a person to take preventive measures that the person could otherwise avoid by making an objection under that section.

If the provincial health officer or a medical health officer makes an order under this section, a person to whom the order applies must comply with the order unless the person delivers to a person specified by the provincial health officer or medical health officer, in person or by registered mail,

a written notice from a medical practitioner stating that the health of the person who must comply would be seriously jeopardized if the person did comply, and

a copy of each portion of that person's health record relevant to the statement in paragraph (a), signed and dated by the medical practitioner.

If a person delivers a notice under subsection (2), the person must comply with an instruction of the provincial health officer or a medical health officer, or a person designated by either of them, for the purposes of preventing infection with, or transmission of, an infectious agent or a hazardous agent.

The provincial health officer, or a medical health officer with the approval of the provincial health officer, may apply to a judge of the Provincial Court for an order to detain a person who

does not comply with an order under this

section or an instruction under subsection (3), or

delivers a notice under subsection (2) but in respect of whom an instruction under subsection (3) would not be reasonably practical in the circumstances.

For the purposes of subsection (4) of this section,

the application must be made in the manner set out in the regulations,

a judge of the Provincial Court, on receiving the application, may make an order described in

section 49 (3) [application to court if danger to public health] if satisfied by evidence on oath or affirmation that the circumstances described in subsection (4) of this

section exist, and

section 49 (4) to (7) applies.

Emergency powers respecting reporting

The provincial health officer may, in an emergency, order that a specified infectious agent, hazardous agent, health hazard or other matter be reported under this section.

If an order is made under this section, a person required by the order to make a report must promptly report, to the extent of the person's knowledge, to a medical health officer the information required by the order.

If a person is required to make a report under this Act, the provincial health officer may in an emergency order the person exempt from the requirement, or vary the requirement.

Emergency powers to make regulations

The minister may, in an emergency, prescribe an infectious agent or a hazardous agent for the purposes of a

section that refers to an infected person or an infected thing, and, for this purpose,

section 111 (2) [regulations respecting terms] applies.

The minister may, in an emergency, make regulations as follows:

exempting a person, place or thing from a provision of this Act or the regulations made under it;

modifying a requirement of this Act or the regulations made under it;

authorizing the provincial health officer to make an exemption or modify a requirement as described in paragraphs (

a) and (b);

authorizing persons to exercise powers and perform duties as health officers, with or without conditions;

applying or modifying a regulation made under

section 118 (

b) to (e) [regulations respecting inspections and enforcement] for the purposes of applications to the court under

section 56 [emergency preventive measures] .

A person authorized to exercise powers and perform duties as a health officer under subsection (2) (

d) is deemed to be a health officer designated under this Act, subject to any conditions set out in the regulations made under that subsection.

When Authority to Act under this Part Ends

When authority to act under this Part ends

Unless otherwise expressed, the authority to act under this Part ends,

in the case of a localized event, as soon as reasonably practical after the emergency has passed, or

in the case of a regional event, when the provincial health officer provides notice that the emergency has passed.

Duties when authority to act ends

If a person exercises a power under this Part, the person must, as soon as reasonably practical after the person's authority ends under

section 59 [when authority to act under this Part ends] , take any reasonable action to do the following:

unless it would serve no reasonable purpose, do a thing that the person would otherwise have been required to do under this Act if this Part did not apply;

in the case of a power exercised under

section 54 [general emergency powers] in respect of a localized event, provide to affected persons written reasons for exercising the power;

rescind an order that was made under this Part and give notice of the rescission to persons affected by the order, or, if necessary to protect public health,

reissue the order in accordance with sections 39 [contents of orders] and 41 [service of orders] , and

provide to persons affected by the order the rights to reconsideration, review or reassessment available under Parts 3 and 4;

repeal a regulation made under

section 58 [emergency powers to make regulations] .

If a person was detained under

section 56 [emergency preventive measures] , as soon as reasonably practical after the emergency has passed, the provincial health officer or medical health officer must

provide notice to the detained person that the person's detention has ended,

order the detained person to remain in a place under

section 29 (2) [specific powers respecting infectious agents and hazardous agents] , or

apply to court for detention of the person under

section 49 [application to court if danger to public health] .

The provincial health officer may at any time issue instructions to health officers for the purposes of fulfilling their duties under this section, and health officers must comply with those instructions.

Health Officials

Minister

Role of minister

The minister must do all of the following:

inquire into the status of the health of the population of British Columbia, including any differences between regions or classes of persons;

inquire into health hazards and health impediments faced by the population of British Columbia;

make recommendations and engage in planning in respect of health promotion and health protection, including in respect of

variations in population health status, and

health hazards and health impediments;

evaluate, and advise the government on, those actions of government that may impact public health.

General powers of minister

In addition to the minister's power to enter into agreements under any other Act, the minister may enter into agreements for the purposes of exercising powers or performing duties in relation to public health under an enactment, including a federal enactment, that is not under the minister's administration.

The minister may by order require the provincial health officer to report to the minister respecting matters relevant to public health.

Power to establish directives and standards

The minister may by order establish

directives respecting the exercise of powers and the performance of duties

by health authorities under this enactment,

by local governments under a regulation made under

section 120 (2) (

a) or (b) [regulations respecting local governments] , and

iii

by a person under a regulation made under

section 125 (4) [other regulation-making powers] , and

standards of practice for environmental health officers in relation to the exercise of their powers and the performance of their duties under this or any other enactment.

Without limiting subsection (1), in respect of a provision of this Act or a regulation made under it that refers to a facility, place, person or procedure specified in an order, the minister may by order do the following:

require particular facilities, places, persons or procedures to be specified for the purposes of any section;

set standards or qualifications that facilities, places, persons or procedures must meet before a health officer can specify the facility, place, person or procedure in an order;

authorize health authorities to set standards respecting facilities, places, persons and procedures that can be specified by health officers in an order.

The minister may make orders respecting the following:

the timing and substance of performance reviews for medical health officers to be conducted by the provincial health officer;

training and qualifications for environmental health officers, including requiring ongoing training.

Provincial Health Officer

Role of provincial health officer

The provincial health officer is the senior public health official for British Columbia.

Appointment of provincial health officer

The Lieutenant Governor in Council may appoint, under the Public Service Act , a person as the provincial health officer if the person is a medical practitioner and who

is a Fellow of the Royal College of Physicians and Surgeons of Canada and holds a certificate in community medicine, or

in the opinion of the minister, has equivalent training, knowledge, skills and experience to a person described in paragraph (a).

If the Lieutenant Governor in Council appoints a deputy or a person to act for the provincial health officer, the appointed person must meet the requirements of subsection (1).

Duty to advise on provincial public health issues

The provincial health officer must monitor the health of the population of British Columbia and advise, in an independent manner, the minister and public officials

on public health issues, including health promotion and health protection,

on the need for legislation, policies and practices respecting those issues, and

on any matter arising from the exercise of the provincial health officer's powers or performance of the provincial health officer's duties under this or any other enactment.

If the provincial health officer believes it would be in the public interest to make a report to the public on a matter described in subsection (1), the provincial health officer must make the report to the extent and in the manner that the provincial health officer believes will best serve the public interest.

The provincial health officer must report to the minister at least once each year on

the health of the population of British Columbia, and

the extent to which population health targets established by the government, if any, have been achieved,

and may include recommendations relevant to health promotion and health protection.

The minister must lay each report received under subsection (3) before the Legislative Assembly as soon as it is reasonably practical.

Provincial health officer may act as health officer

The provincial health officer may exercise a power or perform a duty of a medical health officer under this or any other enactment, if the provincial health officer

reasonably believes that it is in the public interest to do so because

the matter extends beyond the authority of one or more medical health officers and coordinated action is needed, or

the actions of a medical health officer have not been adequate or appropriate in the circumstances, and

provides notice to each medical health officer who would otherwise have authority to act.

During an emergency under

Part 5 [Emergency Powers] , the provincial health officer may exercise a power or perform a duty of a health officer under this or any other enactment, and, for this purpose, subsection (1) does not apply.

If the provincial health officer acts under subsection (1), the provincial health officer may order a health authority to assist the provincial health officer, and the health authority must ensure that its employees and appointees comply with the order.

For the purposes of exercising a power or performing a duty under this or any other enactment, the provincial health officer may exercise a power of inspection that a health officer may exercise under this Act, and, for this purpose, Division 1 [Inspections] of

Part 4 applies.

Review of medical health officers

The provincial health officer may establish standards of practice for medical health officers in relation to the exercise of their powers and the performance of their duties under this or any other enactment.

Without limiting subsection (1), a standard may include a requirement to make a report or take an action in addition to a requirement of this or any other enactment.

The provincial health officer must

monitor the performance of medical health officers for compliance with established standards, and

conduct performance reviews of medical health officers in accordance with an order of the minister made under

section 63 [power to establish directives and standards] .

The provincial health officer

must disclose the results of a performance review to the medical health officer and the medical health officer's employer, and

may disclose the results of a performance review to the minister and the Lieutenant Governor in Council.

Delegation by provincial health officer

The provincial health officer may in writing delegate to a person or class of persons any of the provincial health officer's powers or duties under this Act, except the following:

a power to further delegate the power or duty;

a duty to make a report under this Act.

Medical Health Officers

Role of medical health officers

Except as otherwise provided, a medical health officer may exercise powers granted to, and perform duties imposed on, medical health officers under this or any other enactment only within the geographic area of British Columbia for which the medical health officer is designated under this Division.

A medical health officer must act in accordance with the standards of practice established by the provincial health officer.

Designation of medical health officers

On the recommendation of the provincial health officer, the Lieutenant Governor in Council may by order designate a person as a medical health officer if the person is a medical practitioner who

is a Fellow of the Royal College of Physicians and Surgeons of Canada and holds a certificate in community medicine, or

in the opinion of the provincial health officer, has sufficient training, knowledge, skills and experience to exercise the powers and perform the duties of a medical health officer.

For the purposes of subsection (1), the provincial health officer must make a recommendation as follows:

a health authority, either alone or with another health authority, requests the provincial health officer to recommend an employee of the health authority for designation as a medical health officer, and

the provincial health officer is satisfied that the employee is suitable to be a medical health officer,

the provincial health officer must recommend the employee for designation;

if no medical health officer is designated for a geographic area and the criteria set out in paragraph (

a) are not both met, the provincial health officer may recommend any person whom the provincial health officer reasonably believes is suitable to be the medical health officer for that geographic area.

For the purposes of subsection (2) (a), employee includes a person who has received an offer of employment from a health authority, including on a conditional basis.

A designation must describe the geographic area in which the medical health officer may act, being

all or part of the area of British Columbia for which the requesting health authority is responsible, or

if 2 or more health authorities make a request together, all or part of the area of British Columbia for which each requesting health authority is responsible.

More than one medical health officer may be designated for a geographic area.

Temporary medical health officers

The minister may by order designate a medical practitioner as a temporary medical health officer, for a term of no more than 6 months, to act in one or more geographic areas.

Section 71 [designation of medical health officers] applies to the minister's designation under this

section as if it were a designation under that section.

For the purposes of this section, if a person is already designated as a medical health officer, the minister may designate the person to act in a geographic area that is different from, or in addition to, the geographic area for which the person is already designated.

The minister may renew a designation under this

section for up to 2 terms, each of no more than 6 months.

Advising and reporting on local public health issues

In this section:

authority means a health authority, or a school board or francophone school board under the School Act , that has full or partial jurisdiction over a designated area;

designated area means the geographic area for which a medical health officer has been designated;

local government means a local government that has full or partial jurisdiction over a designated area.

A medical health officer must monitor the health of the population in the designated area and, for this purpose, may conduct an inspection under Division 1 [Inspections] of

Part 4.

A medical health officer must advise, in an independent manner, authorities and local governments within the designated area

on public health issues, including health promotion and health protection,

on bylaws, policies and practices respecting those issues, and

on any matter arising from the exercise of the medical health officer's powers or performance of the medical health officer's duties under this or any other enactment.

If a medical health officer believes it would be in the public interest to make a report to the public on a matter described in subsection (2) or (3), the medical health officer must

consult with the provincial health officer and each authority and local government who may reasonably be affected by the intended report, and

after consultation under paragraph (a), make the report to the extent and in the manner that the medical health officer believes will best serve the public interest.

If requested by the provincial health officer, a medical health officer must make a report to the provincial health officer of advice provided under subsection (3).

A health authority must do all of the following:

designate a medical health officer to report, respecting the geographic area for which the health authority is responsible,

on the health of the population within the geographic area, and

on the extent to which population health targets established by the government, if applicable, or by the health authority, if any, have been achieved;

require the medical health officer to report to the health authority at least once each year;

publish each report made under this subsection.

A medical health officer who makes a report under subsection (6) may include in the report recommendations relevant to health promotion and health protection in the geographic area for which the health authority is responsible.

Delegation by medical health officers

Subject to subsection (2), a medical health officer may in writing delegate to a person or class of persons any of the medical health officer's powers or duties under this or any other enactment, except the following:

a power to further delegate the power or duty;

a power or duty under another enactment, if the other enactment provides that the power or duty is not delegable;

powers and duties under

section 73 [advising and reporting on local public health issues] .

A medical health officer must not delegate a power or duty to a health officer who has not been designated to act in the geographic area in which the delegated power or duty is to be exercised or performed.

Coverage during temporary absence

A medical health officer may act in a geographic area for which the medical health officer has not been designated if

the health authority who employs the medical health officer and the health authority responsible for the non-designated geographic area agree, in writing,

the purpose of the agreement under paragraph (

a) is to ensure that a medical health officer is available in the non-designated geographic area during the absence of a medical health officer who is designated for the geographic area, whether the absence is due to leave, illness, ending of employment, or any other reason, and

the term of the agreement under paragraph (

a) is for a non-renewable period of 90 days or less.

End of designation as medical health officer

A designation as a medical health officer ends as follows:

on the date the designated person is no longer

an employee of the health authority that requested the designation, or

authorized to practise medicine in British Columbia;

if the Lieutenant Governor in Council rescinds the designation following a request for rescission made to the provincial health officer by the health authority that employs the medical health officer, on the date of the rescission;

if the Lieutenant Governor in Council rescinds the designation on the recommendation of the provincial health officer in circumstances where no request for rescission has been made by the health authority that employs the medical health officer, on the date of the rescission.

No legal proceeding for damages lies or may be commenced or maintained against the government or the provincial health officer as a result of a rescission under subsection (1) (b), except in relation to anything done or omitted in bad faith.

The provincial health officer may not make a recommendation under subsection (1) (

c) unless the provincial health officer has first consulted with the health authority that requested the designation.

A medical health officer whose designation is rescinded under subsection (1) (

b) or (

c) is deemed not to be in violation, by reason of the rescission alone, of any term or condition of the medical health officer's employment.

Environmental Health Officers

Role of environmental health officers

Except as otherwise provided, an environmental health officer may exercise powers granted to, and perform duties imposed on, environmental health officers under this or any other enactment only within

the geographic area of British Columbia for which the environmental health officer is designated under this Division, and

the limits, if any, set out in the environmental health officer's designation.

An environmental health officer must act in accordance with the standards of practice established by the minister under

section 63 [power to establish directives and standards] .

Designation of environmental health officers

If an employee of a health authority has the training and qualifications required by the minister under

section 63 [power to establish directives and standards] , the health authority may designate the employee as an environmental health officer.

A health authority may by resolution approve a senior official for the purposes of making designations under this

section on behalf of the health authority.

A designation must describe

the geographic area in which the environmental health officer may act, and

the limits, if any, on the environmental health officer's powers and duties.

More than one environmental health officer may be designated for a geographic area.

End of designation as environmental health officer

A designation as an environmental health officer ends on the date that

the designated person is no longer an employee of the health authority that made the designation, or

the health authority that made the designation rescinds the designation.

If an environmental health officer fails to meet requirements respecting training or qualifications or to comply with a standard of practice established by the minister under

section 63 [power to establish directives and standards] , the health authority that made the designation must give written notice of the failure to the environmental health officer and either

rescind or alter the designation of the environmental health officer, or

require the environmental health officer to take remedial action satisfactory to the health authority.

Other Matters Respecting Health Officers

Powers and duties under other enactments or that overlap

If a health officer is given powers or duties under another enactment, the provisions of this Act and the regulations made under it apply to the exercise of those powers and the performance of those duties, unless a contrary intention is expressed in the other enactment.

If multiple health officers are designated for a geographic area or portion of a geographic area and each has the same powers and duties, they may act independently or together, but each remains responsible for performing the health officer's own duties except to the extent that those duties are permitted to be shared or divided by a standard of practice established,

in the case of medical health officers, by the provincial health officer, or

in the case of environmental health officers, by the minister.

Directing response to local public health threats

In the event that a medical health officer determines that public health is threatened by a health hazard, an infectious agent or a hazardous agent,

the medical health officer is responsible for directing the local response, in respect of public health, to the threat, and

for the purposes of paragraph (a), the health authority that employs the medical health officer must

provide the medical health officer with the staff and other resources that the medical health officer reasonably believes are necessary for the response, and

ensure that its employees and appointees comply with the directions of the medical health officer.

General provisions respecting delegation

This

section applies in respect of a delegation made under

section 69 [delegation by provincial health officer] or 74 [delegation by medical health officers] .

A delegation may be made subject to terms and is revocable at any time.

A delegation does not prevent the person who delegates the power or duty from exercising the delegated power or performing the delegated duty at any time.

If the person who delegates a power or duty ceases to hold office, a delegation continues in effect for its term or until revoked,

in the case of the provincial health officer, by the succeeding provincial health officer, or

in the case of a medical health officer, by another medical health officer having authority over the same geographic area as the medical health officer who made the delegation.

If requested to do so, a delegate must produce evidence of the delegate's authority before exercising a delegated power or performing a delegated duty.

Local Governments

Role of local government

A local government must do all of the following:

if the local government becomes aware of a health hazard or health impediment within its jurisdiction, take an action required by a regulation made under

section 120 (1) (a) [regulations respecting local governments] , or, if no regulation applies, either

report the health hazard or health impediment to a health officer, or

take an action the local government has authority to take under this or another enactment to respond to the health hazard or health impediment;

provide health officers with information the health officers require to exercise their powers and perform their duties under this Act;

consider advice or other information provided to the local government by a health officer.

A local government must

designate one of its members, or an officer or employee of the local government, as the local government liaison for the purposes of this section, and

send notice of the designation to the regional health board having authority over the geographic area in which the local government is located.

A local government may

request a medical health officer to issue an order, under this Act, in respect of a health hazard, and

if the medical health officer refuses to issue the order or to issue the order as requested, request the provincial health officer to review the decision of the medical health officer.

Following a review under subsection (3), the provincial health officer may

refer the matter back to the medical health officer, with or without directions, or

make any order that, in the opinion of the provincial health officer, is appropriate in the circumstances.

Local governments may act cooperatively

Anything that a local government is required to do under this Act may be done by or together with another local government if each local government

agrees in writing, and

forwards a copy of the agreement to each regional health board having authority over any part of the geographic area in which each local government is located.

Inquiries and Other Matters

Inquiries

Definitions for this Division

For the purposes of this Division:

commissioner means a person appointed to conduct an inquiry;

inquiry means an inquiry under

section 86 [inquiry into public health issues] .

Inquiry into public health issues

The minister may by order

appoint the provincial health officer, or any other person, to conduct an inquiry and report on a matter under this section, and

set the terms of reference of the inquiry.

An inquiry may be for one or both of the following purposes:

to assess the impact on health promotion or health protection of

a policy, an enactment, a plan, a practice or a procedure of the government, or

an agreement to which the government is or may be a party;

to inquire into one or more specific issues respecting public health.

For the purposes of an inquiry, the commissioner may do one or more of the following:

gather information, including by use of interviews and surveys;

meet with one or more persons, privately or in a manner that is open to the public;

make an order requiring a person to attend, in person or by electronic means, before the commissioner to answer questions on oath or affirmation, or in any other manner;

make an order requiring a person to produce for the commissioner a record or thing in the person's possession or control.

The commissioner may apply to the Supreme Court for an order

directing a person to comply with an order made under subsection (3) (

c) or (d), or

directing directors and officers of a person to cause the person to comply with an order made under subsection (3) (

c) or (d).

Maintenance of order

At a meeting under

section 86 (3) [inquiry into public health issues] , the commissioner may make orders or provide directions that the commissioner considers necessary for the maintenance of order at the meeting.

Without limiting subsection (1), the commissioner may by order

impose restrictions on a person's continued participation in or attendance at a meeting, and

exclude a person from further participation in or attendance at a meeting until the commissioner orders otherwise.

Contempt proceeding for uncooperative person

The failure or refusal of a person subject to an order under

section 86 [inquiry into public health issues] to do any of the following makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or a judgment of the Supreme Court:

attend before the commissioner;

take an oath or make an affirmation;

answer questions;

produce records or things in the person's possession or control.

The failure or refusal of a person subject to an order or a direction under

section 87 [maintenance of order] to comply with the order or direction makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or a judgment of the Supreme Court.

Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.

Inquiry staff

With the approval of the minister, the commissioner may appoint employees, in accordance with the Public Service Act , necessary to exercise powers and perform duties in respect of an inquiry.

With the approval of the minister, the commissioner may engage or retain consultants, investigators, lawyers, expert witnesses or other persons the commissioner considers necessary for the purposes of an inquiry, and may determine their remuneration.

The Public Service Act does not apply to a person engaged or retained under subsection (2).

Other Matters

Peace officer assistance

A health officer may call on the assistance of a peace officer for the purposes of taking an action authorized under this or any other enactment, including, without limitation, either of the following purposes:

making or enforcing an order or carrying out an inspection;

assisting a person to comply with an order of the health officer.

If any person disobeys, or fails to comply with, an order or a direction of a commissioner under Division 1 [Inquiries] , the commissioner may call on the assistance of a peace officer to enforce the order or direction.

A peace officer called on under this

section must take any action that is necessary for a purpose described in subsection (1) or (2), and may use such force as is reasonably required for that purpose.

Confidentiality of personal information

A person who has custody of, access to or control over personal information under this Act must not disclose the personal information to any other person except as authorized under this or any other enactment.

A person referred to in subsection (1) is not, except in a proceeding under this Act, compellable to disclose or provide evidence about personal information the person has custody of, access to or control over.

Immunity from legal proceedings

Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a health officer, a commissioner under Division 1 [Inquiries] or a person acting under the order or direction of either of these, because of anything done or omitted

in the exercise or intended exercise of a power under this or any other enactment, or

in the performance or intended performance of a duty under this or any other enactment.

Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted in bad faith.

Subsection (1) does not absolve the government or a health authority from vicarious liability arising out of anything done or omitted by a person referred to in that subsection for which the government or health authority would be vicariously liable if this

section were not in force.

Immunity for person required to act

Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a health professional or other person who, under this Act,

makes a report the person is required to make, or

takes another action that the person is required to take.

Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against an employer of a person described in subsection (1).

Subsections (1) and (2) do not apply to a person referred to in those subsections in relation to anything done or omitted in bad faith.

Protection against adverse actions

In this section, adverse action means an action that would adversely affect, or that threatens to adversely affect, the personal, financial or other interests of a person, or a relative, dependent, friend or business or other close associate of that person, and includes any prescribed action.

A person must not take an adverse action against another person because the other person, acting in good faith, does any of the following:

makes a report or takes another action under this Act;

assists in, or provides information during, an inspection or a proceeding under this Act;

complies with, or assists in carrying out, an order made under this Act;

refuses to take an action that would or may be a contravention of this Act or a regulation made under it;

discloses to a health officer that a person has contravened or is about to contravene this Act or a regulation made under it.

Nothing in this

section prevents a health officer from taking enforcement action in respect of a violation or contravention of

this Act or a regulation made under it, or

a term or condition of a licence or permit issued under this Act, or an order made under this Act.

Test results as evidence

For the purposes of a proceeding under this Act, a report or certificate from

a laboratory, or

a facility specified in an order made under this Act,

stating the result or

interpretation of a test or an analysis made in the facility is evidence of the facts stated in the report or certificate.

Administrative Penalties, Offences and Sentencing

Administrative Penalties

Imposing administrative penalties

If by regulation a person is authorized to impose an administrative penalty, the person may impose an administrative penalty in the amount permitted by the regulations if satisfied on a balance of probabilities that a person has done any of the following:

contravened a prescribed provision of this Act or a regulation made under it;

failed to comply with an order of a health officer;

failed to comply with a requirement of a licence or permit issued under this Act.

An administrative penalty may be imposed by serving notice of the administrative penalty in the prescribed manner.

If a person is subject to an administrative penalty, the person must do one of the following within the prescribed time:

pay the administrative penalty;

dispute the administrative penalty in accordance with the regulations, including disputing the amount of the administrative penalty on any ground permitted by the regulations;

agree, in writing, with the person who imposed the administrative penalty to do one or more things, including paying a reduced administrative penalty, that the person imposing the administrative penalty reasonably believes would

be sufficient for the protection of public health, and

if applicable, bring the person into compliance with this Act, the regulations or an order made under it, or a term or condition of the person's licence or permit.

If an administrative penalty is disputed or made the subject of an agreement under subsection (3), the person who is subject to the administrative penalty must pay the administrative penalty or any part of it that remains outstanding

under the terms of the agreement,

on receiving notice following a dispute that the person remains subject to all or part of the administrative penalty, or

on receiving notice that the person failed to meet the terms of the agreement to the satisfaction of the person who imposed the administrative penalty.

If a corporation contravenes this Act or a regulation made under it, or fails to comply with a requirement of a licence or permit issued under this Act or an order made under this Act, an employee, an officer, a director or an agent of the corporation who authorized, permitted or acquiesced in the contravention is also liable under this

section even though the corporation is liable for or pays an administrative penalty.

Person not to be charged with both administrative penalty and offence

A person subject to an administrative penalty must not be prosecuted for an offence in respect of the same incident that gave rise to the administrative penalty.

A person charged with an offence must not be subject to an administrative penalty in respect of the same incident that gave rise to the charge.

Recovery of administrative penalties

An administrative penalty under this Act may be recovered as a debt due to the government.

If a person fails to pay an administrative penalty as required, the person who imposed the administrative penalty may file a certificate in a court that has jurisdiction and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed.

A certificate under subsection (2) must be in the prescribed form, be signed by the person who imposed the administrative penalty and contain

the name of the person who is liable for the administrative penalty,

the contravention or failure in relation to which the administrative penalty is imposed, and

the amount of the administrative penalty.

All administrative penalties received under this Division must be paid into the consolidated revenue fund.

Offences

Offences

A person who contravenes any of the following provisions commits an offence:

section 3 [failure to make a health plan] ;

section 4 (1) [failure to submit, revise or publish a public health plan] ;

section 8 (1) or (2) [failure to submit, revise or publish a public health plan] ;

sections 10 to 13 [failure to make reports, make records, take samples or do other required things; failure to perform diagnostic examinations] ;

section 14 (3) [failure to provide information] ;

section 16 [failure to take or provide preventive measures, or being in a place or doing a thing without having taken preventive measures] ;

section 17 (2) [failure to take steps to avoid transmission, seek advice or comply with instructions] ;

section 24 (3) [failure to comply with orders respecting inspections] ;

section 40 (4) [failure to comply with instructions] ;

section 41 (2) [removing, defacing or altering a posted order] ;

section 42 [failure to comply with an order of a health officer] , except in respect of an order made under

section 29 (2) (

e) to (g) [orders respecting examinations, diagnostic examinations or preventive measures] ;

section 56 (2) or (3) [failure to take emergency preventive measures or comply with instructions] , except in respect of an order to do a thing described in

section 29 (2) (

e) to (g);

section 57 [failure to make a report in an emergency] ;

section 94 [taking an adverse action against a person] .

A person who contravenes any of the following commits an offence:

section 18 [failure to prevent or respond to health hazards, train or equip employees, or comply with a requirement or duty] ;

section 22 [failure to comply with the regulations or train or equip employees] ;

section 91 [unauthorized disclosure of personal information] .

A person who contravenes either of the following commits an offence:

section 15 [causes a health hazard] ;

section 26 [failure to provide a designated quarantine facility] .

A person who does either of the following commits an offence:

knowingly provides false or misleading information to a person who is exercising a power or performing a duty under this Act, or a person acting under the order or direction of that person;

wilfully interferes with, or obstructs, a person who is exercising a power or performing a duty under this Act, or a person acting under the order or direction of that person.

A person who commits an offence under this Act may be liable for the offence whether or not an order is made under this Act in respect of the matter.

A proceeding for an offence under this Act may not be commenced in any court more than 2 years after the facts on which the proceeding is based first come to the knowledge of the minister.

Offence by corporation or employee

If a corporation commits an offence under this Act, an employee, an officer, a director or an agent of the corporation who authorized, permitted or acquiesced in the offence commits the offence whether or not the corporation is convicted.

If an employee commits an offence under this Act, an employer who authorized, permitted or acquiesced in the offence commits the offence whether or not the employee is identified or convicted.

Continuing offences

In this section, order means an order that may be made under this Act by a health officer or the court.

If a person commits an offence under this Act and continues to commit the offence, separate penalties may be imposed in respect of the offence for each day the original offence continues.

If a person commits an offence under this Act and an order is made in respect of the matter that is the subject of the offence, but the offence continues after the date by which the order is to be complied with,

subsection (2) applies from the date by which the order is to be complied with, and

the person may be prosecuted both for the original offence and for the additional offence of contravening the order.

Offence Act application

Sections 4 [general penalty] and 5 [general offence] of the Offence Act do not apply in respect of this Act or the regulations made under it.

Defences

A person must not be convicted of an offence under this Act if the person proves that the person

exercised due diligence by taking all reasonable steps to avoid committing the offence,

reasonably believed in the existence of facts that, if true, would establish that the person did not contravene this Act or a regulation made under it,

relied on information or an instruction provided to the person by a health officer who was exercising a power or performing a duty under this Act, if the person had no reason to believe that the information may have been false or the instruction may have been unauthorized, or

acted under the order of a health officer who was exercising a power or performing a duty under this Act, if the person had no reason to believe that the order may have been unauthorized under this Act or any other enactment.

Violation of more than one enactment

If a person is liable for an offence because of

an act or omission under this Act, and is also liable for an offence under another enactment because of the same act or omission, a conviction may be had under either this Act or the other enactment, but not both.

Nothing in subsection (1) prevents

a health officer from making an order that could be made under this Act, or

a conviction for contravening an order made under this Act.

Sentencing

Determining sentence

Before imposing a sentence, a sentencing judge may request a joint submission from the offender and the prosecutor setting out any agreement on

the circumstances that should be considered by the sentencing judge as either mitigating or aggravating the offence, and

the penalty to be imposed.

In determining the appropriate sentence, the sentencing judge must consider, in accordance with the regulations, circumstances that aggravate or mitigate the offence.

In determining the appropriate sentence, a sentencing judge must

consider the purposes of sentencing set out in

section 106 [purposes of sentencing] , and

to give effect to those purposes,

first, consider as a penalty one or more of the orders that may be made under

section 107 [alternative penalties] , and

second, consider whether a fine or incarceration under

section 108 [fines and incarceration] is also necessary.

Purposes of sentencing

In imposing a sentence, a sentencing judge may impose one or more penalties that, in order, achieve the following:

first,

if harm was caused, remedy the harm or compensate a person who remedied or suffered the harm, including the government, or

if no harm was caused, acknowledge the potential harm or further the regulatory objective underlying the provision that was contravened;

second, if the offence was committed in relation to a regulated activity or other activity that the offender is reasonably likely to continue to engage in, rehabilitate the offender.

In addition to a penalty imposed under subsection (1), a sentencing judge may impose one or more penalties under subsection (3) or (4), or both, unless it would be disproportionate to the offence, given the offender, the nature of the offence and the total of the penalties imposed under this section.

A sentencing judge may impose a penalty for the purpose of achieving general deterrence if the sentencing judge reasonably believes that the additional penalty would have a deterrent effect, including because

the penalty imposed under subsection (1) is inadequate to address the circumstances related to the offence, or

the nature of the penalty may

assist others similarly situated to the offender to avoid committing a similar offence, or

educate others similarly situated to the offender respecting the seriousness of the offence.

A sentencing judge may impose a penalty for the purpose of punishing the offender if

the offender committed the offence knowingly or deliberately, or was reckless as to the commission of the offence, or

sufficient aggravating circumstances exist that the offender should be punished for the offence.

Alternative penalties

To give effect to the purposes of sentencing as set out in

section 106 [purposes of sentencing] , a sentencing judge may order a person convicted of an offence under this Act to do one or more of the following:

do a thing, or not do a thing, as set out in a joint submission under

section 105 [determining sentence] ;

take any action the court considers appropriate to remedy or avoid a health hazard or health impediment caused by the commission of the offence;

pay a person an amount of money as compensation, in whole or in part, for the cost of a remedial or preventive action taken by or on behalf of the person as a result of the commission of the offence;

perform community service for a period of up to 3 years;

not do any act or engage in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence or the commission of a similar offence under this Act;

comply with any conditions that the court considers appropriate for preventing the person from continuing or repeating the offence or committing a similar offence under this Act;

submit to the minister or a health officer information respecting the activities of the person that the court considers appropriate in the circumstances, for a period of up to 3 years;

if the person is a corporation, designate a senior official within the corporation as the person responsible for monitoring compliance with the Act or the regulations made under it, or the terms or conditions of a licence or permit held by the corporation under this Act;

develop guidelines or standards in respect of a matter, implement a process, or do another thing, for the purposes of preventing the person from continuing or repeating the offence, or committing a similar offence;

make available, either free of charge or for a fee, to another person or class of persons guidelines or standards developed under paragraph (i), in any manner and under any conditions the court considers appropriate, for up to 3 years from the date by which the guidelines or standards must be developed;

publish, in any manner the court considers appropriate, the facts relating to the commission of the offence and any other information the court considers appropriate;

post a bond for an amount of money the court considers appropriate for the purpose of ensuring compliance with a prohibition, direction or requirement under this section;