Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 37

A N ACT RESPECTING THE PROTECTION AND PROMOTION OF PUBLIC HEALTH

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE JOHN HAGGIE

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Public Health Protection and Promotion Act

and repeal the Communicable Diseases Act

and certain sections of the Health and Community

Services Act .

The Bill would revise the law

respecting communicable diseases, health hazards, health promotion, disease and

injury prevention and population health.

A BILL

AN ACT RESPECTING THE PROTECTION AND

PROMOTION OF PUBLIC HEALTH

Analysis

PART

INTERPRETATION, APPLICATION AND PURPOSE

Short title

Definitions

Crown bound

Labrador Inuit Rights

Purpose

PART

ADMINISTRATION

Health in all policies

Duties and powers of minister

Issuance of licences, permits and

approvals

Chief Medical Officer of Health

Acting Chief Medical Officer of Health

Regional medical officers of health

Environmental health officers

PART

III

RIGHTS AND CONFIDENTIALITY

Restrictions on rights and freedoms

Duty to notify and protect

Collection and use of personal health

information

Disclosure of personal health

information

Accuracy of information

PART

HEALTH PROMOTION AND DISEASE AND INJURY PREVENTION

Non-communicable diseases

Codes of practice

Report with adverse impact

Protection from liability

PART

PUBLIC HEALTH SURVEILLANCE

Investigations

Duty to report

Duty to report health hazard

Duty to report zoonotic disease

Contents of report

PART

PUBLIC HEALTH EMERGENCIES

Declaration of public health emergency

Special measures

Compensation

Report on public health emergency

Conflict with Emergency Services Act

PART

VII

ORDERS

Communicable disease orders

Communicable disease orders generally

Apprehension orders

Direction to peace officer in

apprehension order

Treatment orders

Apprehension orders and treatment orders

generally

Health hazard orders

Right to make submissions

Contents of order

Orders requiring an examination

Application to enforce

Performance of work or action

Service and review of certificate

Review of orders

Mandatory review

No appeal or review

Appeal of court order

PART

VIII

INSPECTIONS

Inspectors

Powers of inspectors

Order of regional medical officer of

health

PART

GENERAL

Warrants

Telewarrants

Protection of persons

Protection from liability

Offence

Liability of corporate officers

Limitation period

Lieutenant-Governor in Council

regulations

Ministerial regulations

Adoption of rules or standards

Fees and forms

Review of Act

SNL1995 cP-37.1

Amdt.

RSNL1990 cC-26 Rep.

SNL2012 cP-7.2

Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

PART I

INTERPRETATION, APPLICATION AND PURPOSE

Short title

1. This Act may be cited as the Public Health Protection and Promotion Act .

Definitions

2. In

this Act

(a) "apprehension order" means an order made

under

section 34;

(b) "Chief Medical Officer of Health"

means the

person appointed under

section 9;

(c) "code of practice" means a code of

practice issued under

section 19;

(d) "communicable disease" means a disease

prescribed in the regulations as a communicable disease;

(e) "communicable disease order" means

an order made under

section 32;

(f) "core function areas of public

health" means population health assessment, public health surveillance,

health promotion, disease and injury prevention, health protection and

emergency management;

(g) "environmental health officer" means

a person designated under

section 12;

(h) "examine" and

"examination" include

taking a medical history, physical inspection, palpation, percussion,

auscultation of the body, laboratory tests and diagnostic imaging investigations

that may be required to determine the existence of a communicable disease, an

infectious agent or a hazardous agent;

(i) "hazardous agent" means a chemical,

biological, physical, radiological or nuclear agent that may cause harm to humans,

property or the environment;

(j) "health care professional" means

(

i) a medical laboratory technologist registered

under the Health Professions Act ,

(ii) a medical practitioner as defined in the Medical Act, 2011 ,

(iii) a midwife registered under the Health Professions Act ,

(iv) a registered nurse or nurse practitioner as

defined in the Registered Nurses Act,

2008 , and

(

v) a member of a class of persons prescribed in

the regulations;

(k) "health facility" includes a

hospital, health centre and other facility, whether medical or not, that is

capable of being used to isolate, quarantine or treat a person;

(l) "health hazard" means a condition,

substance, thing or activity that

(

i) threatens or may reasonably be expected to

threaten the health of the population,

(ii) interferes or may reasonably be expected to

interfere with the suppression of diseases and contaminants, the prevention of

injuries or other risks to the health of the population, or

(iii) is prescribed in the regulations;

(m) "health hazard order" means an order

made under

section 38;

(n) "infectious agent" means a

biological substance, organism or micro-organism

that is capable of producing a communicable disease;

(o) "inspector" means a person or class

of persons set out in

section 49;

(p) "isolate" and "isolation"

mean the separation of a person who has or is suspected of having a

communicable disease from contact with persons who are not infected;

(q) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(r) "non-communicable disease" means a disease

prescribed in the regulations as a non-communicable disease;

(s) "outbreak" means the occurrence of a

case or cases of a communicable disease or non-communicable disease in excess

of normal expectations within a defined area;

(t) "peace officer" means

(

i) a member of the Royal Canadian Mounted Police,

(ii) a member of the Royal Newfoundland Constabulary, or

(iii) a person approved by the Attorney General to

perform the duties of a peace officer;

(u) "personal health information" means

personal health information as defined in the Personal Health Information Act ;

(v) "premises" means

(

i) bodies of water,

(ii) trailers and structures designed or used as a

residence, business or shelter,

(iii) boats, ships or similar vessels,

(iv) motor vehicles and aircraft, and

(

v) any land or structure, or part of any land or

structure, whether portable, temporary or permanent;

(w) "public conveyance" includes

(

i) boat or ship that carries passengers,

(ii) bus,

(iii) scheduled or chartered aircraft,

(iv) taxi,

(

v) train, or

(vi) a vehicle or other conveyance that transports

persons for payment;

(x) "public health" means the combined

programs, services and policies that protect the safety and improve the health

of the population by keeping people healthy and by preventing illness,

disability, injury and premature death;

(y) "public health emergency" means an

occurrence or imminent threat of one of the following that presents a serious

risk to the health of the population

(

i) a communicable disease,

(ii) a health condition,

(iii) a novel or highly infectious agent or

biological substance, or

(iv) the presence of a chemical agent or

radioactive material;

(z) "public health laboratory" means a

laboratory established under paragraph 7(2)(h);

(aa) "public health personnel" means a

health care professional employed or engaged by a regional health authority or

the minister to provide programs and services in accordance with this Act and

the regulations;

(bb) "public health surveillance" means the continuous and systematic

collection, analysis and

interpretation of health-related data required for the

planning, implementation and evaluation of public health and for the timely dissemination

of information to decision makers so that action can be taken to protect and

promote the well-being of people in the province ;

(cc) "quarantine" means the separation of

a person who has been or may have been exposed to an

infectious agent from contact with other persons to determine if he or

she is infected;

(dd) "regional health authority" means an

authority as defined in the Regional

Health Authorities Act ;

(ee) "regional medical officer of health"

means a person appointed under

section 11;

(ff) "reportable event" means an event

that is required to be reported under

section 23, 24 or 25;

(gg) "thing" means a tangible item

including a plant or other organism other than a human or a live animal;

(hh) "treatment order" means an order made

under

section 36; and

(ii) "zoonotic disease" means a disease

prescribed in the regulations as a zoonotic disease.

Crown bound

3. This

Act binds the Crown.

Labrador Inuit

Rights

4. This Act and regulations made under this Act

shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of

this Act or regulations made under this Act is inconsistent or conflicts with a

provision, term or condition of the Labrador

Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act

shall have precedence over the provision of this Act or a regulation made under

this Act.

Purpose

5. The

purpose of this Act is to

(

a) promote the health and well-being of

individuals and communities;

(

b) protect individuals and communities from risks

to the health of the population;

(

c) prevent disease, injury and disability;

(

d) provide a healthy environment for individuals

and communities;

(

e) provide measures for the early detection and

management of risks to the health of the population, including monitoring of a

disease or health condition of significance;

(

f) improve the health of the population and of vulnerable

groups; and

(

g) promote health equity within the population by

addressing the social determinants of health.

PART II

ADMINISTRATION

Health in all policies

6. The

minister shall be responsible for facilitating the consideration of the health

of the population in the development of laws, policies and measures among

government departments, agencies, boards and commissions in accordance with the

regulations, including the consideration of those social determinants of health

that have an impact on the health of the population.

Duties and powers

of minister

(1) The minister shall

(

a) every 5 years, prepare a provincial public

health plan in accordance with the regulations that sets out the goals and objectives

related to provincial public health to be met during the period covered by the

plan; and

(

b) monitor and evaluate the efficiency of

programs and services to protect and promote the health of the population and

their effectiveness in achieving the goals established for those programs and

services.

(2) The minister may

(

a) require a regional health authority to prepare

a public health plan every 5 years in accordance with the regulations that sets

out the goals and objectives related to the core function areas of public

health to be met during the period covered by the plan with respect to the regional

health authority's health region;

(

b) require a regional health authority to compile

and report information concerning the quality of core public health programs

and services provided or undertaken by or under the authority of the regional

health authority, including health indicators, as prescribed by the

regulations;

(

c) establish or implement programs and services to

protect and promote the health of the population and establish standards for

those programs and services;

(

d) establish standards and qualifications for

public health personnel;

(

e) establish, by regulation, health standards for

(

i) establishments that provide accommodation,

including hotels, bed and breakfasts and lodging houses,

(ii) recreational facilities, including public

pools, saunas, hot tubs, public parks and playgrounds, and any adjoining

facilities,

(iii) camps, and

(iv) laundry and dry cleaning facilities;

(

f) establish, by regulation, health standards for

sewage systems and waste disposal systems;

(

g) designate isolation and quarantine facilities

in accordance with this Act; and

(

h) establish public health laboratories and give

directions as to the nature and extent of their services.

Issuance of licences,

permits and approvals

(1) The

minister may, in accordance with the regulations, issue licences, permits and

approvals for the location, design, construction, operation and use of

(

a) public pools;

(

b) sewage and sewage systems;

(

c) waste and waste disposal systems; and

(

d) water supply systems intended to be used for

human consumption.

on a licence, permit or approval issued under subsection (1).

(3) The minister may vary, suspend, cancel, renew

or refuse to renew a licence, permit or approval in accordance with the regulations.

(4) A licence, permit or approval issued under

subsection (1) shall expire in accordance with the regulations.

Chief Medical

Officer of Health

(1) The

minister shall appoint a Chief Medical Officer of Health, who

(

a) is a medical practitioner;

(

b) is a Fellow of the Royal College of Physicians

and Surgeons of Canada in Public Health and Preventative Medicine, or has equivalent

experience and training; and

(

b) has the qualifications prescribed in the

regulations.

(2) The Chief Medical Officer of Health shall

exercise his or her powers and perform his or her duties independently and impartially

in order to best protect and promote the health of the people in the province.

(3) The Chief Medical Officer of Health shall

(

a) monitor the health of the people in the

province, including the impact of zoonotic disease on human health;

(

b) establish measures to identify, investigate

and manage communicable diseases

and outbreaks in the province;

(

c) monitor the implementation of core public

health programs and services prescribed in the regulations;

(

d) monitor regional medical officers of health in

the exercise of their powers and duties under this Act and the regulations;

(

e) be responsible for those aspects of the

province's emergency planning, preparedness, response and recovery that relate

to health;

(

f) increase public awareness of health issues and

changing health needs;

(

g) provide advice to the minister on public

health and health issues;

(

h) develop, in consultation with the regional

health authorities, standards related to core public health programs and services

as prescribed in the regulations;

(

i) implement the provincial public health plan developed

under subsection 7(1);

(

j) prepare and publish an annual report within 6

months of the end of each year respecting the reportable events, outbreaks,

public health emergencies and number and results of inspections conducted under

this Act and the regulations during that year; and

(

k) prepare a report to the Lieutenant-Governor in

Council every 5 years regarding the health status of people in the province.

(4) The Chief Medical Officer of Health may

(

a) exercise the powers and perform the duties of

a regional medical officer of health as set out in this Act and the regulations;

(

b) issue directions to regional medical officers

of health regarding the exercise of their powers and duties under this Act and

the regulations;

(

c) make recommendations and engage in planning in

respect of public health; and

(

d) approve or issue standards and guidelines for

controlling a communicable disease.

Acting Chief Medical

Officer of Health

(1) The

minister may appoint an acting Chief

Medical Officer of Health where the Chief Medical Officer of Health

(

a) ceases

to hold office; or

(

b) is temporarily unable to perform the duties of

his or her office.

(2) An acting Chief Medical Officer of Health

shall be a medical practitioner who

(

a) is a Fellow of the Royal College of Physicians

and Surgeons of Canada in Public Health and Preventative Medicine or has

equivalent experience and training; and

(

b) has the qualifications prescribed in the

regulations.

(3) An

act done by an acting Chief Medical Officer of Health appointed under this

section

has the same effect as if it were done by the Chief Medical Officer of Health.

Regional medical

officers of health

(1) A

regional health authority may, with the approval of the minister, appoint one

or more medical practitioners having the qualifications prescribed in the

regulations as regional medical officers of health.

(2) A regional medical officer of health shall

follow directions issued by the Chief Medical Officer of Health when exercising

his or her powers and performing his or her duties.

Environmental

health officers

(1) The

minister may designate one or more persons having the qualifications prescribed

in the regulations to act as environmental health officers for the purpose of

this Act and the regulations.

(2) An environmental health officer

(

a) may

monitor, audit and conduct risk assessments in relation to health hazards ; and

(

b) shall consult with the Chief Medical Officer

of Health and a regional medical officer of health when exercising his or her

powers and performing his or her duties under this Act and the regulations.

PART III

RIGHTS AND CONFIDENTIALITY

Restrictions on

rights and freedoms

13. Where an individual's rights or freedoms are

restricted as a result of the exercise of a power or the performance of a duty

under this Act, the regulations or an order made under this Act or the

regulations, the restriction shall be no greater than is reasonably required in

the circumstances to respond to a communicable disease, health hazard, public

health emergency or contravention of this Act, the regulations or an order made

under this Act or the regulations.

Duty to notify

and protect

(1) Where the Chief Medical Officer of Health reasonably

believes that there is a serious risk to the health of the population, the Chief

Medical Officer of Health shall immediately take reasonable steps to

(

a) disclose the nature and source of the risk to the health of the population to the public, a group or an individual, except where the disclosure

is prohibited by law; and

(

b) protect

the public, a group or an individual from the risk to the health of the

population.

(2) Notwithstanding paragraph (1)(a), t he Chief Medical Officer of Health may refuse to

disclose information where he or she believes that the disclosure would result

in a clear and overriding adverse effect, including circumstances where the

disclosure would

(

a) violate

the privacy and confidentiality rights of an individual;

(

b) unduly

stigmatize an individual or group; or

(

c) result

in an increased risk to the health of the population.

(3) The

Chief Medical Officer of Health shall notify the Public Health Agency of Canada

of any threat that the Chief Medical Officer of Health believes may constitute

a health event of national or international concern after considering

(

a) the

impact of the threat to the health of the population ;

(

b) the

unusual or unexpected nature of the threat; and

(

c) the risk that the event might have an impact

outside of the province.

Collection and

use of personal health information

(1) The

Chief Medical Officer of Health, a regional medical officer of health or other

person acting under the authority of this Act or the regulations may collect

and use personal health information for one or more of the following purposes:

(

a) to prevent or manage communicable and non-communicable

diseases and to assess and investigate risks to the health of the population , including the collection

of information provided by a

public health official in another province under an arrangement for the sharing

of information;

(

b) for

public health surveillance, the compilation of statistical information and to

assess and address the health needs of the population;

(

c) for

the development, management, delivery, monitoring and evaluation of public

health;

(

d) to

conduct or facilitate research into the health of the

population ;

(

e) for

the administration and enforcement of this Act or the regulations, a code of

practice or an order made under this Act or the regulations; and

(

f) for any other purpose authorized under this Act.

(2) The collection and use of personal health

information under this Act shall be limited to the minimum amount of

information necessary to accomplish the purpose for which it is collected or

used.

Disclosure of personal

health information

(1) The Chief Medical Officer of Health, a regional medical officer of health or other

person acting under the authority of this Act or the regulations may disclose

personal health information without the consent of

the individual who is the subject of the information where

(

a) the

Chief Medical Officer of Health or regional medical officer of health reasonably

believes that the disclosure is necessary

(

i) to

examine, treat or facilitate the care of an individual,

(ii) to identify the source of an infectious agent

or a hazardous agent, or

(iii) to

identify an individual who may present a risk to the health of the population;

(

b) the

disclosure is required to protect the health of an individual;

(

c) the

disclosure is made to a public health official in another province under an

arrangement for the sharing of information to prevent or control the spread of

a disease or condition or for the purpose of public health surveillance; or

(

d) the

disclosure is made to Canadian Blood Services or a similar organization in Canada under an

arrangement for the sharing of information to prevent or control the spread of

a blood-borne disease.

(2) The disclosure of personal health information

under this Act shall be limited to the minimum amount of information necessary

to accomplish the purpose for which it is disclosed.

Accuracy of information

17. Before

using or disclosing personal health information under this Act or the

regulations, the Chief Medical Officer of Health, a regional medical officer of

health or other person acting under the authority of this Act or regulations

shall

(

a) take reasonable steps to ensure that the

information is as accurate, complete and up-to-date as is necessary for the

purpose for which the information is used or disclosed;

(

b) clearly set out for the recipient of the

disclosure the limitations, if any, on the accuracy, completeness or up-to-date

character of the information; and

(

c) make a reasonable effort to ensure that the person

to whom disclosure is made is the person intended and authorized to receive the

information.

PART IV

HEALTH PROMOTION AND DISEASE AND INJURY PREVENTION

Non-communicable

diseases

18. The

minister, on the advice of the Chief Medical Officer of Health, may prescribe a

disease as a non-communicable disease and a factor that contributes to the

occurrence of that disease in the regulations where the minister believes that

the disease or the factor

(

a) is likely to adversely affect the health of the population over a period of time;

(

b) causes

significant chronic disease, disability or mortality in the population;

(

c) interferes with or is inconsistent with the

goals of public health; or

(

d) is associated with poor health outcomes in the

population.

Codes of practice

(1) The

minister may issue a code of practice in relation to

(

a) the factors contributing to the occurrence of

a non-communicable disease or a health hazard; and

(

b) preventing or reducing the occurrence of a

non-communicable disease or health hazard.

(2) A code of practice may apply or relate to

(

a) an industry or a sector of an industry in the

province;

(

b) all residents of or a particular community in

the province;

(

c) an activity or undertaking in the province;

(

d) the manner in which specific goods, substances

or services are advertised, sponsored, promoted or marketed;

(

e) the manner in which specific goods or substances

are manufactured, distributed, supplied or sold, including the composition,

contents, additives and design of those goods or substances; and

(

f) the manner in which the public, or certain

members of the public, may access specific goods, substances or services.

(3) Before issuing a code of practice under

subsection (1), the minister shall, in accordance with the regulations, consult

those persons who may be impacted by the code of practice.

(4) The minister may publish a report on the

performance of an industry, a sector of an industry or a person in relation to

a code of practice.

Report with

adverse impact

(1) Before

publishing a report under subsection 19(4), the minister shall, in accordance

with the regulations, notify a person where the minister reasonably believes

that the person could be adversely impacted by the content of the report.

(2) Where a person is notified under subsection (1),

that person may submit a request in writing to the minister for a review of the

report within 14 days of being notified.

(3) Where a request is made under subsection (2),

the person who made the request may make submissions in writing to the minister

in relation to the content of the report within 7 days of making the request in

accordance with the regulations.

(4) The minister shall conduct a review of the

report and provide a written

decision including reasons to the person who requested the review by regular

mail or other method in accordance with the regulations within 30 days of the receipt

of a request under subsection (2).

(5) Where a request is made under subsection (2),

the minister shall not publish the report until a decision under subsection

(4) has been provided to the person who requested the review.

Protection from

liability

21. An action does not lie against the minister or

his or her delegate that is based on or related to the

content of a report published under this Part.

PART V

PUBLIC HEALTH SURVEILLANCE

Investigations

(1) A regional medical officer of health or an

inspector may investigate the cause of an occurrence of any illness, injury or death

that is a risk to the health of the population, including

(

a) a

communicable disease;

(

b) a

non-communicable disease; or

(

c) a

reportable event.

(2) An

investigation under subsection (1) shall not interfere with an investigation

under the Fatalities Investigations Act .

Duty to report

(1) A health care professional or an environmental

health officer shall, in accordance with the regulations, make a report to the Chief

Medical Officer of Health or a regional medical officer of health where he or

she becomes aware of any of the following events in the course of his or her

duties:

(

a) the

occurrence or suspected occurrence of a communicable disease;

(

b) the

failure of a person infected with a communicable disease to comply with his or

her treatment;

(

c) the occurrence of an infection where

(

i) the

infection could have been transmitted by the receipt or donation of cells,

tissues, organs, blood or blood products, and

(ii) there are reasonable grounds to believe that

the infected person received or donated cells, tissues, organs, blood or blood

products;

(

d) the

occurrence of a disease, infection or condition that the health care professional

reasonably believes could be a risk to the health of the population;

(

e) the

death of a person with a disease, infection or condition or related to an occurrence

referred to in paragraphs (

a) to (d); or

(

f) the death of a person as a result of or

related to a health hazard.

(2) Where a health care professional or an environmental health officer knows an event under subsection

(1) has already been reported in accordance with this section, he or she is not

required to report that event.

(3) A

health care professional other than a medical laboratory technologist who

reports an event in accordance with this

section shall advise the person about

whom the report is being made to take reasonable steps to prevent the

transmission of the disease, infection or condition until the Chief Medical

Officer of Health or regional medical officer of health considers the report

and determines whether to investigate and manage the health aspects of the event.

Duty to report

health hazard

24. A

person prescribed in the regulations shall, in accordance with the regulations,

make a report to the Chief Medical Officer of Health or regional medical

officer of health where he or she becomes aware of a health hazard, unless he

or she knows that the health hazard has already been reported in accordance

with this section.

Duty to report

zoonotic disease

25. A

person prescribed in the regulations shall, in accordance with the regulations,

make a report to the Chief Medical Officer of Health or a regional medical officer

of health where he or she becomes aware of the occurrence or suspected

occurrence of a zoonotic disease that impacts human health, unless he or she

knows that the zoonotic disease has already been reported in accordance with this

section.

Contents of

report

(1) A report under

section 23, 24 or 25 shall

include

(

a) the

name, profession and contact information of the person making the report;

(

b) a

description of the nature and type of reportable event; and

(

c) any other information prescribed in the regulations.

(2) Where a person makes a report under

section 23,

24 or 25, the person shall report all the information of which he or she has

knowledge.

PART VI

PUBLIC HEALTH EMERGENCIES

Declaration of

public health emergency

(1) The minister, on the advice of the Chief Medical

Officer of Health, may declare a public health emergency in all or a part of the

province where the minister is satisfied that

(

a) a

public health emergency exists; and

(

b) the

public health emergency cannot be sufficiently mitigated or remedied without

the implementation of the special measures available under

section 28.

(2) A

declaration of a public health emergency expires no more than 14 days after it

is made.

(3) Notwithstanding subsection (2), the minister, on the advice of the Chief Medical

Officer of Health, may extend the public health emergency for consecutive

periods of 14 days where

(

a) the

public health emergency continues to exist; and

(

b) the

extension is required to protect the health of the population.

(4) A

declaration of a public health emergency or an extension of a public health emergency

shall

(

a) identify

the nature of the public health emergency;

(

b) describe

the area of the province to which it relates; and

(

c) specify

the dates when the declaration takes effect and when it expires.

(5) The

minister, on the advice of the Chief Medical Officer of Health, may cancel a

declaration made under subsection (1), or vary the period or the area to which

it relates, where

(

a) the

public health emergency no longer exists in all or an area of the province;

(

b) the public health emergency exists in an area of

the province not included in the declaration; or

(

c) the

declaration is no longer required to protect the health of the population.

(6) The

Chief Medical Officer of Health shall publish the details of a declaration made

under this

section without delay and in a manner that can reasonably be

expected to notify the residents of the province to whom the declaration relates.

Special measures

(1) While a declaration of a public health

emergency is in effect, the Chief Medical Officer of Health may do one or more

of the following for the purpose of protecting the health of the population and

preventing, remedying or mitigating the effects of the public health emergency:

(

a) authorize

qualified persons to give aid of a specified type;

(

b) provide directions to environmental health

officers and public health personnel in the province;

(

c) establish a voluntary immunization program in

the province;

(

d) establish a list of individuals or classes of

individuals who shall be given priority for immunizing agents, drugs, medical

supplies or equipment;

(

e) enter

province and provide directions regarding the deployment of those services when

operating in the province;

(

f) procure

and provide for the distribution of medical supplies, aid and equipment in the

province;

(

g) acquire

or use real or personal property, whether private or public, other than a dwelling

house;

(

h) make

orders restricting travel to or from the province or an area within the

province;

(

i) order the closure of any educational setting

or place of assembly;

(

j) enter

or authorize any person acting under the direction of the Chief Medical Officer

of Health to enter any premises without a warrant; and

(

k) take

any other measure the Chief Medical Officer of Health reasonably believes is

necessary for the protection of the health of the population during the public

health emergency.

(2) Notwithstanding another provision of this Act,

while a declaration of a public

health emergency is in effect, the Chief Medical Officer of Health may do one

or more of the following:

(

a) extend

or reduce a deadline or time period prescribed by the Act or the regulations;

(

b) decline

to provide a notice that is otherwise required;

(

c) do

orally what otherwise is required to be done in writing;

(

d) serve

an order in any manner that can reasonably be expected to give actual notice of

the order;

(

e) provide a notice required under this Act or

the regulations in any manner that

can reasonably be expected to give actual notice; or

(

f) conduct

an inspection at any time, with or without a warrant.

(3) Notwithstanding paragraphs (1)(

j) and (2)(f),

t he Chief Medical Officer of

Health shall not inspect, enter or authorize entry into a dwelling house unless

(

a) an

occupant consents;

(

b) the

entry is authorized by a warrant issued under

section 52; or

(

c) the

dwelling house, or something in or only accessible through the dwelling house,

is a serious and immediate risk to the health of the population.

Compensation

29. The

minister shall pay reasonable compensation for real or personal property

acquired or used under paragraph 28(1)(g).

Report on public

health emergency

30. The

minister shall, within 6 months of the expiry of a declaration made under

section 27, conduct a review and report to the House of Assembly on the cause

and duration of the public health emergency and on the special measures

implemented under

section 28.

Conflict with Emergency

Services Act

31. Where

an emergency is declared under the Emergency

Services Act and there is a conflict between this Act or regulations made under

this Act and the Emergency Services Act

or regulations made under that Act, the Emergency

Services Act or regulations made under that Act shall prevail.

PART VII

ORDERS

Division 1

Communicable Disease Orders

Communicable

disease orders

(1) A regional medical officer of health may make a communicable disease order under this

section where he or she has

reasonable grounds to believe that

(

a) a

communicable disease exists or may exist or that there is an immediate risk of

an outbreak of a communicable disease;

(

b) the

communicable disease presents a risk to the health of the population; and

(

c) the

order is necessary to prevent, eliminate, remedy, or mitigate the risk to the

health of the population.

(2) A regional medical officer of health may make

a communicable disease order in respect of a person who has or may have a communicable

disease or is infected with an infectious agent and the order may do one or

more of the following:

(

a) require

the person to submit to an examination by a specified health care professional

at a specified health facility on or before a particular date or according to a

schedule;

(

b) require

the person to isolate himself or herself from other persons, including in a

specified health facility;

(

c) require

the person to conduct himself or herself in a manner that will not expose other

persons to infection or to take other precautions to prevent or limit the

direct or indirect transmission of the communicable disease or infectious agent

to those who are susceptible to the communicable disease or infectious agent or

who may spread the communicable disease or infectious agent to others;

(

d) prohibit

or restrict the person from attending a school, a place of employment or other

public premises or from using a public conveyance;

(

e) prohibit

or restrict the person from engaging in his or her occupation or another

specified occupation or type of occupation;

(

f) prohibit

or restrict the person from leaving or entering a specified premises;

(

g) require

the person to avoid physical contact with, or being near, a person, animal or

thing;

(

h) require

the person to be under the supervision or care of a specified person;

(

i) require

a person to provide information, records or other documents relevant to the

person's possible infection to a specified person;

(

j) require

a person to provide samples of the person's clothing or possessions to a

specified person;

(

k) require a person to destroy contaminated

clothing or possessions;

(

l) require

a person to provide specimens previously collected from the person to a

specified person;

(

m) where a regional medical officer of health has

reasonable grounds to believe that the person has a communicable disease or is

infected with an infectious agent, require the person to undergo treatment

specified in the order or by a specified health care professional, including

attending a specified health facility, where there is no other reasonable

method available to mitigate the risks of the infection;

(

n) require

a person to disclose the identity and location of the persons with whom the

person may have had contact or whom the person may have exposed to the

communicable disease or infectious agent; or

(

o) require

the person to take, or prohibit the person from taking, an action prescribed in

the regulations.

(3) Where

an order has been issued under paragraph (2)(d), a regional medical officer of

health may, in writing, advise the principal of a school, an employer or an owner

or operator of a public premises or public conveyance of the restriction or

prohibition.

(4) A

principal, employer or owner or operator of a public premises or public

conveyance shall not disclose personal health information provided under subsection

(3) to any person other than

(

a) the

person who is the subject of the order; or

(

b) a parent or the guardian of the person referred

to in paragraph (a), where the person referred to in paragraph (

a) is a minor

or an adult subject to a guardianship order.

(5) A

regional medical officer of health may make a communicable disease order in

respect of a person who has been exposed or may have been exposed to a

communicable disease or an infectious agent and the order may do one or more of

the following:

(

a) require

the person to submit to an examination by a specified health care professional

at a specified health facility on or before a particular date or according to a

schedule;

(

b) require

the person to quarantine himself or herself from other persons, including in a

specified health facility;

(

c) require

the person to conduct himself or herself in a manner that will not expose other

persons to infection or to take other precautions to prevent disease

transmission during the incubation period and the period of communicability for

that communicable disease;

(

d) prohibit

or restrict the person from engaging in his or her occupation or another

specified occupation or type of occupation;

(

e) prohibit

or restrict the person from leaving or entering a specified premises;

(

f) require

a person to provide information, records or other documents relevant to the

person's possible infection to a specified person;

(

g) require

a person to provide samples of the person's clothing or possessions to a

specified person;

(

h) require a person to destroy contaminated

clothing or possessions;

(

i) require

a person to provide specimens previously collected from the person to a

specified person;

(

j) require the person to take preventative

measures specified in the order or by a specified person, including attending a

specified health facility, where there is no other reasonable method available

to mitigate the possible infection;

(

k) require

a person to disclose the identity and location of the persons with whom the

person may have had contact or whom the person may have exposed to the

communicable disease or the infectious agent; or

(

l) require the person to take, or prohibit the person

from taking, an action prescribed in the regulations.

(6) A

regional medical officer of health may make a communicable disease order requiring

the owner or operator of a public conveyance, premises or thing that is or may

be contaminated with an infectious agent to

(

a) close

the premises;

(

b) prohibit

or restrict entry to the public conveyance or premises; or

(

c) take

an action prescribed in the regulations.

(7) A

regional medical officer of health may make a communicable disease order

requiring the owner or operator of any health facility, long-term care

facility, personal care home, correctional centre or other similar residential

facility prescribed in the regulations that is or may be contaminated with an infectious

agent to

(

a) take

precautions to control or minimize the risk of transmitting a communicable

disease; or

(

b) monitor,

investigate or respond to an outbreak of communicable disease at the facility,

home or centre.

(8) A regional medical officer of health may make

a communicable disease order requiring the owner or operator of any premises or

thing that is or may be contaminated with an infectious agent to

(

a) clean

and disinfect the premises or thing;

(

b) destroy

the thing; or

(

c) allow

a specified person to enter the place or premises to take the actions specified

in paragraphs (

a) or (b).

Communicable

disease orders generally

(1) A communicable disease order may require a

person who is subject to the order to provide

(

a) evidence

of compliance with the order, including a certificate of compliance from a

medical practitioner, a registered nurse, nurse practitioner or other person

specified in the order; and

(

b) information

or records relevant to the order.

(2) Where

a minor or an adult subject to a guardianship order is the subject of a

communicable disease order, the person authorized to make the order may order a

parent, guardian or other person having custody of the minor, or the guardian

of the adult, to ensure that the minor or adult complies with the order.

(3) A

regional medical officer of health may order a health care professional or

other person attending a person subject to a communicable disease order to

(

a) comply

with a direction for controlling a communicable disease approved or issued by

the Chief Medical Officer of Health or a regional medical officer of health; or

(

b) take

a specified action, not including the use of force on a person, to control the

spread of the communicable disease.

(4) A

communicable disease order may authorize a person to take a specified action,

not including the use of force on a person, and the authority is valid whether

or not the person has been served or is aware of the contents of the order.

(5) Notwithstanding anything in this section, a communicable disease order shall not

authorize a person to enter a dwelling house without the consent of an occupant

except under the authority of a warrant issued under

section 52.

Division 2

Apprehension Orders and Treatment Orders

Apprehension

orders

(1) A regional medical officer of health may apply

to the Supreme Court for an apprehension order providing authority to apprehend, detain, isolate or

quarantine the person subject to the order in the health facility specified in

the order .

(2) A

judge may make an apprehension order where he or she is satisfied that

(

a) a

person has a communicable disease or is infected with or has been exposed to an

infectious agent;

(

b) the

communicable disease or infectious agent presents a serious risk to the health

of the population;

(

c) the

person has failed to comply with one of the following orders or reasonable

attempts to serve the person with one of the following orders have failed:

(

i) to

submit to an examination under paragraph 32(2)(

a) or 32(5)(a),

(ii) to

isolate himself or herself under paragraph 32(2)(b),

(iii) to

remain in or not enter a specified premises under paragraph 32(2)(

f) or 32(5)(e),

(iv) to undergo treatment under paragraph 32(2)(m),

(

v) to

quarantine himself or herself under paragraph 32(5)(b), or

(vi) to take a preventative measure under paragraph

32(5)(j); and

(

d) there is no other reasonable method available

to mitigate the risk.

(3) An apprehension order is valid for no more

than 60 days.

(4) Notwithstanding subsection (3), a judge may, upon

application of a regional medical officer of health, extend an apprehension

order for consecutive periods of not more than 60 days where he or she is

satisfied that

(

a) the

person subject to the order continues to be infectious with a communicable

disease; and

(

b) discharging

the person subject to the order from a health facility would be a serious risk

to the health of the population.

(5) An

apprehension order

(

a) shall

specify the dwelling house or dwelling houses where the judge reasonably

believes the person subject to the order is located; and

(

b) may direct a peace officer to take all

reasonable measures to locate, apprehend and detain the person subject to the

order and to convey him or her to the health facility specified in the order.

Direction to

peace officer in apprehension order

(1) A

peace officer directed under paragraph 34(5)(

b) shall take all reasonable

measures to locate, apprehend and detain the person subject to the order and to

convey him or her to the health facility specified in the order.

(2) An

apprehension order is authority for a peace officer to

(

a) e nter

any premises, other than a dwelling house, where the peace officer has reason

to believe the person subject to the order may be located; and

(

b) enter

any dwelling house specified in the order.

(3) A

peace officer who apprehends a person subject to an apprehension order shall

promptly inform the person of

(

a) the

reasons for the apprehension;

(

b) the

person's right to retain and instruct counsel without delay; and

(

c) the health facility to which the person is

being taken.

Treatment orders

(1) Where an application has been made for an

apprehension order or an apprehension order has been issued under

section 34, a

regional medical officer of health may apply to the Supreme Court for a

treatment order.

(2) A

judge may make a treatment order, with the conditions he or she considers

appropriate, where he or she is satisfied that

(

a) the person who is the subject of the application

or apprehension order has failed to comply with

(

i) an order to submit to an examination under

paragraph 32(2)(

a) or 32(5)(a), or

(ii) an order to undergo treatment under paragraph 32(2)(m);

(

b) the failure of the person who is the subject of the

application or apprehension order to submit to an

examination or undergo treatment presents a serious risk to the health of the

population; and

(

c) there

is no other reasonable method available to mitigate the risk.

(3) A treatment order is valid for a period of no

more than 60 days or until the expiry of the apprehension order, whichever

occurs first.

(4) Notwithstanding subsection (3), a judge may, upon

application of a regional medical officer of health, extend a treatment order, with

the conditions he or she considers appropriate, for consecutive periods of not

more than 60 days or until the end of the apprehension order and any period of

extension granted under subsection 34(4), where he or she is satisfied that

ending examination or treatment would present a serious risk to the health of the population .

(5) A

treatment order is authority for a health care professional at the health

facility where the person subject to the order is detained, isolated or

quarantined to care for and examine the person and to treat the person for the

communicable disease in accordance with any guidelines for controlling a communicable

disease as approved or issued by the Chief Medical Officer of Health.

(6) A

treatment order is authority for a health care professional or a person

assisting him or her to use necessary force to enable the health care

professional to care for, examine or treat the person subject to the order in

accordance with subsection (5).

(7) A health care professional or a person

assisting him or her is not liable to any civil or criminal action in respect

of the use of necessary force in good faith in accordance with subsection (6).

Apprehension orders

and treatment orders generally

(1) A

regional medical officer of health or a person subject to an apprehension order

or treatment order may apply to the Supreme Court to vary, terminate or suspend

the order.

(2) Where the application is made by a regional

medical officer of health, the variation, termination or suspension of an apprehension

order or treatment order may be issued on an application made under subsection

(1) without notice and in the absence of the person subject to the order.

(3) Where the application is made by the person subject

to the order, the apprehension order or treatment order shall not be varied, terminated

or suspended unless the regional medical officer of health has been served with

the application made under subsection (1).

(4) An

apprehension order and a treatment order shall specify the health facility

where the person subject to the order shall be detained, isolated, quarantined,

examined and treated.

(5) Notwithstanding another provision of this Act,

a judge shall not specify a health facility in an

apprehension order or treatment order unless he or she is satisfied that the

health facility is able to provide for the detainment, isolation, quarantine,

examination or treatment as required in the order.

(6) Where

an apprehension order or treatment order has been made, the person in charge of

the health facility specified in the order shall ensure that

(

a) the

person subject to an apprehension order is detained, isolated or quarantined in

accordance with the order; and

(

b) the

person subject to a treatment order is examined and treated in accordance with

the order.

(7) The

person in charge of the health facility specified in an apprehension order or

treatment order shall immediately report to the regional medical officer of

health regarding

(

a) the

results of the examination and treatment of the person subject to the order;

(

b) the

health status of the person subject to the order; and

(

c) any

change in the diagnosis or health status of the person subject to the order.

(8) A

regional medical officer of health shall monitor the treatment and condition of

a person subject to an apprehension order or treatment order and shall issue a

certificate authorizing the release and discharge of the person immediately

where he or she is of the opinion that

(

a) the

person is no longer infectious with a communicable disease; and

(

b) discharging

the person would not present a serious risk to the health of the population.

(9) A regional medical officer of health shall

file a certificate issued under subsection (8) with the court that issued the

apprehension order or treatment order.

(10) Notwithstanding

any term or condition of an apprehension order or treatment order, the order is

terminated immediately upon the issuance of a certificate under subsection

(8) or the termination of the order under subsection 46(5).

Division 3

Health Hazard Orders

Health hazard

orders

(1) An environmental health officer or a regional medical officer of health may

make a health hazard order under this

section where he or she has reasonable grounds to believe

that

(

a) a

health hazard exists; and

(

b) the

order is necessary to prevent, eliminate, remedy, reduce or mitigate the health

hazard.

(2) A health hazard order may

(

a) require

a person to take or permit to be taken samples of anything that the

environmental health officer has reason to believe is a health hazard to

determine the nature and extent of the health hazard;

(

b) require

a person to have a substance or thing inspected, disinfected, decontaminated,

altered or destroyed, including by a specified person, or to move the substance

or thing to a specified premises under the supervision or instructions of a

specified person;

(

c) prohibit

or restrict a person from leaving or entering a specified premises;

(

d) prohibit

or restrict a person from engaging in a specified activity;

(

e) require

a person to assist in evacuating a premises or examining persons found in the premises

or to take preventive measures in respect of the premises or persons found in

the premises;

(

f) require

a person who is in charge of a premises to

(

i) remove,

add or alter a thing in or at the premises,

(ii) take

measures to restrict or prevent entry to the premises, including by a specified

class of persons, and

(iii) preserve,

deal with or dispose of a thing in or at the premises in accordance with a

specified procedure;

(

g) close a premises;

(

h) require

a person to keep a substance or thing in a specified premises or in accordance

with a specified procedure or to prevent persons from accessing a substance or

thing;

(

i) require

a person to require, prohibit or restrict the disposal, alteration or

destruction of a substance or thing, in accordance with a specified procedure;

(

j) require

a person to provide to an environmental health officer, a regional medical

officer of health or a specified person information, records, samples or other

matters relevant to a possible infection of a substance or thing with an

infectious agent or contamination of a substance or thing with a hazardous

agent, including information respecting persons who may have been exposed to an

infectious agent or hazardous agent;

(

k) require

a person to wear or use a specific type of clothing, personal effects or

personal protective equipment, or to change, remove or alter clothing or

equipment, in relation to a substance or thing;

(

l) require

a person to use a type of equipment, implement a process, remove equipment or

alter equipment or processes in relation to a substance or thing;

(

m) prohibit

or restrict a person from importing, distributing or selling a substance or

thing in the province;

(

n) require

the manufacturer, importer, distributor or seller of a substance or thing to recall

it;

(

o) declare a premises or any part of it to be

unfit for human habitation;

(

p) require a person to monitor the health hazard in a specified manner

and time;

(

q) require a person to provide evidence of compliance with the order, including

a certificate of compliance from a specified person;

(

r) require a person to provide information or records relevant to the

order;

(

s) require

a person to take measures prescribed in the regulations; or

(

t) require a person to comply with this Act or

the regulations.

(3) A

health hazard order may authorize a person to take a specified action, not

including the use of force on an individual, and the authority is valid whether

or not the person has been served or is aware of the contents of the order.

(4) A

health hazard order shall not authorize a person to enter a dwelling house without

the consent of an occupant except under the authority of a warrant issued under

section 52.

(5) Notwithstanding

section 40, an environmental health officer or a regional

medical officer of health may make a health hazard order orally where he or she

reasonably believes that

(

a) there

is an immediate and serious risk to the health of the population; and

(

b) there

is insufficient time to make a written order.

(6) An

oral order issued under subsection (5) expires 48 hours after it is made but

may be extended by a written order issued before the oral order expires.

Division 4

Orders Generally

Right to make submissions

39. Before

issuing a communicable disease order or health hazard order, the person making

the order shall, in accordance with the regulations and except where there are urgent

or exigent circumstances,

(

a) advise

or take reasonable steps to notify the person who is the subject of the order;

and

(

b) provide

the person with a reasonable opportunity to make submissions respecting the

order.

Contents of order

(1) A

communicable disease order or health hazard order shall be in writing, unless

this Act provides otherwise, and shall include

(

a) the

section of this Act under which the order is made;

(

b) the

grounds for making the order and the reasons for the specific actions ordered;

(

c) the

person or persons to whom the order applies and who shall comply with the

order;

(

d) the

details of any work or action to be performed or ceased;

(

e) a

description of any substance, thing or premises that is the subject of the

order;

(

f) any

conditions of the order;

(

g) time

limits, including time to comply with the order, to request a review or a reconsideration,

or for mandatory review;

(

h) how

a person subject to the order may have the order reviewed or reconsidered;

(

i) a

statement that the order is in effect during any review or reconsideration;

(

j) a

statement that failure to comply with the order may result in an application to court to enforce the order

under

section 42;

(

k) where the order is a

communicable disease order, a

statement that failure to comply with the order may result in an application to court for an apprehension

order under

section 34 or for a treatment order under

section 36; and

(

l) the

date of the order and the name, title and signature of the person issuing the

order.

(2) A communicable disease order or health hazard

order may be varied, terminated or

suspended by the person who made the order or the Chief Medical Officer of

Health at any time on his or her own initiative.

(3) A communicable disease order or health hazard

order that has been varied, terminated

or suspended by the Chief Medical Officer of Health under subsection (2) shall

not be further varied, terminated, or suspended by any person other than the Chief

Medical Officer of Health.

(4) A communicable disease order or health hazard

order , including variations,

terminations or suspensions of orders, shall be served in accordance with the

regulations.

Orders requiring

an examination

(1) Where

an order made under this Act requires a person to be examined, the order shall

be provided to the examiner

(

a) by

the person subject to the order; or

(

b) by or on behalf of the person who made the

order.

(2) Where an order issued under this Act requires

a person to be examined, the order may

(

a) require the examiner to provide a copy of the

results of the examination to

(

i) a health care professional chosen by the person

being examined, if any, and

(ii) any other person specified in the order;

(

b) require

the examiner to provide a report to a person listed in subparagraphs (a)(

i) or

(ii) respecting

(

i) the

examiner's recommendations, and

(ii) the

compliance or non-compliance of the person being examined with the order; and

(

c) include

instructions to the examiner.

(3) Where an order made under this Act requires a

person to be examined, the examiner shall provide a copy of the results of the

examination to the regional medical officer of health who issued the order and

to the person being examined within the time prescribed in the

regulations.

(4) Notwithstanding

subsection (3), a regional medical officer of health may order an examiner not

to disclose the results of an examination to the person being examined where he

or she has reasonable grounds to believe that the disclosure may

(

a) threaten

the safety or mental or physical health of another person;

(

b) interfere

with public safety or the health of the population ; or

(

c) result in immediate and grave harm to the

safety or mental or physical health of the person.

(5) Where a regional medical officer of health

orders an examiner not to disclose the results of an examination under subsection

(4), the regional medical officer of health shall ensure that the results of

the examination are disclosed to the person who was examined as soon as practicable

and no later than 72 hours after the regional medical officer of health

receives the results of the examination.

Application to

enforce

42. A regional medical officer of health may apply

to the Supreme Court to enforce the relevant provisions of any order made under

this Act.

Performance of

work or action

(1) A health hazard order made under this Act may

provide that where an action required to be taken under the order is not performed

within the time specified in the order, the Chief Medical Officer of Health may

have the action performed at the expense of the person.

(2) The

Chief Medical Officer of Health may authorize a person to enter on or into the

premises that is the subject of the health hazard order and to perform the

action required under subsection (1) after the time specified in the order has expired.

(3) Notwithstanding

subsection (2), a person shall not enter a dwelling house without the consent

of an occupant except under the authority of a warrant issued under

section 52.

(4) Where

a person subject to an order fails to pay the expenses related to an action

performed under subsection (1), the Chief Medical Officer of Health may issue a

certificate in respect of an amount owing by the person under the order and

file it with the Supreme Court.

(5) A

certificate issued under subsection (4) shall set out

(

a) the

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

(

b) the

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

(

c) the

total amount owing for the reasonable expenses in performing any work or action

under subsection (1); and

(

d) the

date the expenses were incurred and the manner in which they were incurred.

Service and

review of certificate

(1) A

certificate filed under subsection 43(4) has the same effect as if it were a judgment

of the Supreme Court for the recovery of a debt in the amount stated against

the person named in the certificate.

(2) A

copy of the certificate filed under subsection 43(4) shall be served in the

manner prescribed in the regulations on the person named in the certificate.

(3) A

person who was served a copy of the certificate filed under subsection 43(4)

may, within 30 days of being served, request that the court review the amount

owing in accordance with the regulations.

(4) After

reviewing the amount owing, the judge may

(

a) confirm

the certificate where the judge is satisfied the amount is reasonable; or

(

b) rescind or modify the certificate where the judge is

satisfied that the amount is not owing or not reasonable.

Division

Reviews of Orders

Review of orders

(1) A person who is subject to an order made under this

Act by an environmental health officer or regional medical officer of health,

other than the Chief Medical Officer of Health, may, in accordance with the

regulations, request a review of the order to the Chief Medical Officer of

Health by filing a written request within 30 days after the day on which the

order is served on the person.

(2) A

person who is subject to an order made under this Act by the Chief Medical

Officer of Health, other than an order confirmed or varied under this section,

may, in accordance with the regulations, request that the Chief Medical Officer

of Health reconsider the order by filing a written request for reconsideration

within 30 days after the day on which the order is served on the person.

(3) A

request for review or reconsideration shall set out

(

a) the

reasons for the request;

(

b) a

summary of the facts relevant to the request;

(

c) whether

the order should be revoked or how it should be varied; and

(

d) the

contact information of the person making the request.

(4) The Chief Medical Officer of Health shall, in

accordance with the regulations, conduct a review or reconsideration and provide a written decision including

reasons to the person who made the request by regular mail or other method in

accordance with the regulations within 30 days of the receipt of a request

under subsections (1) or (2).

Mandatory review

(1) The Chief Medical Officer of Health shall review

a communicable disease order or a health hazard order no less than once every

30 days while the order is in effect.

(2) Notwithstanding subsection (1), t he Chief Medical Officer of Health shall review

the following orders no less than once every 48 hours while the order is in

effect:

(

a) an order to isolate a person under paragraph 32(2)(b);

(

b) an order to prohibit or restrict a person from attending a school, a place of employment

or other public premises or using a public conveyance under paragraph 32(2)(d);

(

c) an order to remain in or not enter a specified premises under paragraph 32(2)(

f) or 32(5)(e);

(

d) an order to avoid physical contact with, or be near, a person, animal or thing

under paragraph 32(2)(g);

(

e) an order to be under supervision or care under paragraph 32(2)(h);

(

f) an order to undergo treatment under paragraph 32(2)(m);

(

g) an order to quarantine a person under paragraph 32(5)(b);

(

h) an apprehension

order made under

section 34; and

(

i) a treatment

order under

section 36.

(3) A

person who is subject to an order referred to in subsection (1) or (2) may make

submissions to the Chief Medical Officer of Health in accordance with the

regulations.

(4) The

Chief Medical Officer of Health shall consider the submissions made under subsection

(3) when reviewing the order.

(5) Where,

after reviewing the order, the Chief Medical Officer of Health reasonably believes

that the order is or conditions within the order are no longer necessary to

protect the health of the population, the Chief Medical Officer of Health shall

immediately terminate the order or vary or remove its conditions.

No appeal or

review

(1) An

order or decision made, confirmed or varied by the Chief Medical Officer of

Health under this Act or the regulations is final and binding.

(2) A review or reconsideration under

section 45,

a review under

section 46 or an appeal under

section 48 shall not stay the

order or decision being reviewed, reconsidered or appealed unless the Chief

Medical Officer of Health or the judge hearing the matter decides otherwise.

Appeal of court

order

48. A

person may appeal a decision of the court regarding an apprehension order or a

treatment order made under this Act to the Court of Appeal.

PART VIII

INSPECTIONS

Inspectors

(1) The

following persons may act as inspectors for the purpose of this Act and the

regulations:

(

a) the Chief Medical Officer of Health;

(

b) a regional medical officer of health;

(

c) an environmental health officer; and

(

d) a person or class of persons designated by the

minister.

(2) A person shall not knowingly make a false or

misleading statement, either orally or in writing, to an inspector while he or

she is exercising powers or performing duties or functions under this Act or the

regulations.

Powers of inspectors

(1) An inspector may, at all reasonable times and

without a warrant, for the purpose of administering or determining compliance

with this Act or the regulations, a code of practice or an order made under

this Act or the regulations or to investigate a communicable disease or health

hazard, do one or more of the following:

(

a) inspect

or examine premises, processes, books and records the inspector may consider

relevant;

(

b) enter any premises;

(

c) take samples, conduct tests and make copies, extracts, photographs or videos the inspector

considers necessary; or

(

d) require

a person to

(

i) give

the inspector all reasonable assistance, including the production of books and

records as requested by the inspector and to answer all questions relating to

the administration or enforcement of this Act or the regulations, a code of

practice or an order made under this Act or the regulations and, for that

purpose, require a person to attend at a premises with the inspector, and

(ii) make

available the means to generate and manipulate books and records that are in

machine readable or electronic form and any other means or information necessary

for the inspector to assess the books and records.

(2) Notwithstanding

subsection (1), an inspector shall not enter a dwelling house without the

consent of an occupant except under the authority of a warrant issued under

section

Order of regional

medical officer of health

(1) Where

an inspector finds that a person is not in compliance with a code of practice or an order made under this

Act or the regulations , the inspector shall report his

or her findings as soon as practicable to a regional medical officer of health

and the regional medical officer of health may order that person to comply with

the code of practice or order.

(2) An order under subsection (1) may require the

person that is subject to the order to carry out the order immediately or

within the period of time that the regional medical officer of health

specifies.

(3) A

regional medical officer of health may, in accordance with the regulations,

disclose inspection reports to the public.

PART IX

GENERAL

Warrants

(1) A

Provincial Court judge may issue a warrant authorizing a person named in the

warrant to enter in or on a premises, including a dwelling house, and exercise

any of the powers, functions or duties or perform any work or action specified

in an order under this Act or the regulations where the judge is satisfied by

information on oath or affirmation that there are reasonable grounds to believe

that

(

a) the

order is necessary to protect the health of the population;

(

b) the

warrant is necessary for the exercise of any of the powers, functions or duties

or the performance of any work or action specified in the order; and

(

c) an occupant or person in charge of the premises

does not or will not consent or an attempt to obtain consent may result in an

increased risk to the health of

the population .

(2) Where an inspector

(

a) is denied entry to a premises, including a dwelling

house, to carry out an inspection; or

(

b) believes on reasonable grounds that there has

been a contravention of this Act or the regulations, a code of practice or an

order made under this Act or the regulations,

the inspector may file an application with

the Provincial Court

for a warrant.

(3) Where

a judge is satisfied that there are reasonable grounds to believe that an inspector

has been denied entry to a premises, including a dwelling house, to carry out

an inspection or there has been a contravention of this Act or the regulations,

a code of practice or an order made under this Act or the regulations, the judge

may issue a warrant authorizing the inspector to do one or both of the following:

(

a) enter the premises and carry out an inspection

under this Act; or

(

b) seize

or remove any of the books, records or other things that may be required as

evidence of the contravention and retain those documents until the time they

are required in a court proceeding.

(4) A

judge may receive and consider an application for a warrant or extension of

warrant without notice to an occupant or owner of the premises.

(5) An

occupant or owner of a premises or other person shall not obstruct a person

named in the warrant under subsection (1) or an inspector while the person or inspector

is exercising the powers and performing the duties and functions as authorized

by the warrant.

(6) At

the request of the person named in the warrant under subsection (1) or an inspector,

a peace officer shall assist in enforcing a warrant.

Telewarrants

(1) Where it would not be practical to appear in

person before a Provincial Court

judge to apply for a warrant, an application may be made by telephone or other

means of telecommunication.

(2) Where

a person acts under the authority of a warrant obtained under this section, the

person shall provide a facsimile of the warrant to an occupant or owner of the

premises present at the time the warrant is carried out.

(3) In subsection (2), "facsimile"

includes a record produced by electronic means or a written record of a

telephone conversation made by both parties to the conversation while it is in

progress and which the parties have confirmed as to its accuracy by reading

their record of the conversation to one another at the end of the conversation.

Protection of persons

(1) A person who reports a reportable

event or who reports to an inspector or peace officer a violation or suspected

violation of this Act or the regulations, a code of practice or an order made

under this Act or the regulations is not liable to a civil action in respect of

the allegation contained in the report or for anything done in good faith to

assist an inspector or peace officer in an inspection or investigation.

(2) A

person shall not dismiss, suspend, discipline, demote, harass or otherwise

disadvantage or penalize an individual where

(

a) the

individual, acting in good faith and on the basis of reasonable belief, has

disclosed to an inspector or peace officer that another person has contravened

or is about to contravene a provision of this Act or the regulations;

(

b) the

individual, acting in good faith and on the basis of reasonable belief, has

done or stated an intention of doing

an act that is required to be done in

order to avoid having a person contravene a provision of this Act or the

regulations;

(

c) the

individual, acting in good faith and on the basis of reasonable belief, has

refused to do or stated an intention to refuse to do

an act that is in

contravention of this Act or the regulations;

(

d) the individual reports a reportable event; or

(

e) another

person believes that the individual will do

an act described in paragraph (a),

(b), (

c) or (d).

Protection from

liability

55. The minister, the Chief Medical Officer of

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

an inspector, a regional health authority or other person is not personally

liable for anything done or omitted in good faith in the exercise or performance,

or intended exercise or performance, of

(

a) a

power, duty or function conferred or imposed upon him or her by this Act, the

regulations or an order made under this Act or the regulations; or

(

b) a

power, duty or function on behalf of or under the direction of a person on whom

the power, duty or function is conferred or imposed by this Act, the

regulations or an order made under this Act or the regulations,

or for the costs in

connection with an action or proceeding.

Offence

(1) A person who contravenes this Act or the

regulations, a code of practice or an order made under this Act or the

regulations is guilty of an offence and liable on

summary conviction

(

a) for

a first offence,

(

i) where the person is an individual, to a fine of not less than $500 and not more

than $2,500 or to imprisonment for not more than 6 months or to both a fine and

imprisonment, or

(ii) where the person is a corporation, to a fine of not less than $5,000 and not more

than $50,000; or

(

b) for

a subsequent offence,

(

i) where the person is an individual, to a fine of not less than $500 and not more

than $5,000 or to imprisonment for not more than 6 months or to both a fine and

imprisonment, or

(ii) where the person is a corporation, to a fine of not less than $5,000 and not more

than $100,000.

(2) Each

contravention of this Act or the regulations, a code of practice or an order

made under this Act or the regulations constitutes a new and separate offence.

(3) Where

an offence under this Act or the regulations is committed or continued on more

than one day, the person who committed the offence is liable to be convicted

for a separate offence for each day on which the offence is committed or

continued.

(4) Where

a person is convicted of an offence under this Act or the regulations, in

addition to another punishment that may be imposed under this Act, the court

may, having regard to the nature of the offence and the circumstances

surrounding its commission, make an order requiring the person to comply with

those conditions that the court considers appropriate in the circumstances for

securing the person's good conduct and for preventing the offender from

repeating the same offence or committing other offences.

Liability of corporate

officers

57. Where a corporation commits an offence under

this Act or the regulations, any officer, director or agent of the corporation

who directed, authorized, assented to, acquiesced in or participated in the offence

is guilty of the offence and is liable to the punishment provided for the

offence as an individual, whether or not the corporation has been prosecuted.

Limitation period

58. A prosecution for an offence under this Act or the

regulations shall be commenced within 2 years of the date of discovery of the offence .

Lieutenant-Governor

in Council regulations

59. The

Lieutenant-Governor in Council may make regulations

(

a) respecting the prevention and control of

communicable diseases and health hazards in relation to the handling, storage,

transportation, interment, disinterment, reinterment and disposal of dead

bodies;

(

b) respecting any industry or occupation that may

be injurious to health, including

(

i) the use of hazardous agents,

(ii) the abatement of unsanitary conditions or

conditions dangerous to the health of the population, and

(iii) the protection of the health of persons exposed

to conditions, substances or processes;

(

c) respecting health hazards, including their

detection, prevention, prohibition, reduction, mitigation and activities and

matters that create, cause or contribute to health hazards;

(

d) respecting the hospitalization, treatment and

isolation of persons who have a communicable disease or are infected with an

infectious agent;

(

e) respecting the restriction or prohibition of

work by persons infected with or exposed to a communicable disease;

(

f) respecting personal health information and

records established under this Act, including the collection, security,

maintenance, access, use and disclosure of personal health information;

(

g) respecting public health surveillance,

including the collection, protection and sharing of personal health information

across jurisdictions;

(

h) respecting the duty to notify and protect

individuals, a group or the general public from risks to the health of the

population;

(

i) respecting public health emergencies,

including

(

i) the control of the movement of people and public

conveyances, and

(ii) the procurement, distribution and availability

of medical supplies, aid, equipment and health services;

(

j) respecting disease prevention measures,

including the immunization of humans and the supply and distribution of

vaccine;

(

k) respecting the detection, investigation,

notification, treatment, prevention and control of communicable diseases,

non-communicable diseases and other health conditions;

(

l) respecting the medical and dental inspection

of children and the occupants of any institution for the purpose of prevention

and control of communicable diseases, non-communicable diseases and other

health conditions;

(

m) respecting the content, timing and disclosure

of inspection reports;

(

n) respecting the inspection, sampling, testing,

examination and analysis of persons, premises or things in relation to communicable

diseases or health hazards, including orders in respect of those matters;

(

o) respecting the enforcement of this Act and the

regulations, including the issuing of orders in relation to persons, premises

or things and the seizure, detention, return and forfeiture of things under

this Act;

(

p) respecting the consideration of the health of

the population in the development of laws, policies and measures under

section

(

q) respecting the process for developing a code

of practice under

section 19 and the manner in which consultations are held;

(

r) prescribing actions that may be required or

prohibited in a communicable disease order issued under

section 32;

(

s) prescribing residential facilities that may be

included in a communicable disease order issued under subsection 32(7); and

(

t) prescribing measures to be taken under a

health hazard order issued under

section 38.

Ministerial regulations

60. The

minister may make regulations

(

a) respecting health standards related to the location,

design, construction, operation and use of

(

i) establishments that provide accommodation,

including hotels, bed and breakfasts and lodging houses,

(ii) recreational facilities, including public

pools, saunas, hot tubs, public parks and playgrounds, and any adjoining facilities,

(iii) camps, and

(iv) laundry and dry cleaning facilities;

(

b) respecting health standards related to the location,

design, construction, operation and use of water supply systems intended to be

used for human consumption;

(

c) respecting the issuance, variation,

suspension, cancellation and renewal of licences, permits and approvals under

approvals;

(

d) respecting sewage and sewage systems, including

(

i) the location, design, construction and

operation of sewage systems,

(ii) the collection, handling, storage and

transportation of sewage, and

(iii) health standards for sewage systems;

(

e) respecting the qualifications of and the

process of approval for a person to be registered as an approved designer for

the purpose of determining whether sites are suitable for the installation of

sewage systems and designing sewage systems for sites that are suitable;

(

f) respecting waste and waste disposal systems,

including

(

i) the location, design, construction and

operation of waste disposal systems,

(ii) the collection, handling, storage and transportation

of waste, and

(iii) health standards for waste disposal systems;

(

g) prescribing and classifying communicable

diseases, non-communicable diseases, health hazards and zoonotic diseases;

(

h) prescribing factors that contribute to

non-communicable diseases;

(

i) respecting the Chief Medical Officer of

Health, regional medical officers of health, environmental health officers, inspectors

appointed under this Act and public health personnel, including

(

i) required qualifications,

(ii) duties, powers and functions, and

(iii) the criteria that a person must use in

exercising a power under this Act or the regulations in addition to any other

criteria established under this Act;

(

j) respecting the service of orders and documents

under this Act;

(

k) respecting the manner in which notice required

under this Act is given;

(

l) providing for the supply of medical aid and

hospital accommodation that may be considered necessary for mitigating

communicable diseases and infectious agents;

(

m) respecting standards for public health laboratories;

(

n) prescribing qualifications for persons

operating or working in public health laboratories;

(

o) prescribing a class of persons as health care

professionals;

(

p) prescribing a program or service as a core public

health program or service;

(

q) respecting the publication of reports required

under this Act;

(

r) respecting the contents and publication of a

public health plan prepared under paragraph 7(1)(

a) or paragraph 7(2)(a);

(

s) prescribing who shall make a report, and the

content and timing of reports, under sections 23, 24 and 25;

(

t) respecting the manner of making a submission under

subsection 20(3), paragraph 39(

b) or subsection 46(3) of the Act;

(

u) prescribing the time within which examination

results shall be provided under subsection 41(3);

(

v) respecting the manner of issuing, filing and

reviewing a certificate for recovery of costs under

section 43; and

(

w) prescribing the procedure respecting

reconsiderations and reviews under

section 45, including the timing of the

filing of documents in relation to the review or reconsideration.

Adoption of rules or standards

(1) The Lieutenant-Governor in

Council or the minister may, in addition to or instead of regulations made

under sections 59 or 60, adopt by reference and constitute as regulations the

whole or part of provisions of a code adopted or standards fixed with or

without modification, and including amendments to the code or standard of an

organization acceptable to the minister.

(2) A certificate of the

minister that a document is a copy of a code or standard referred to in subsection

(1) or an extract from, a modification of, or an amendment to, a code or

standard is without further proof presumptive evidence of the content of that code,

standard, extract or amendment.

Fees and forms

62. The

minister may prescribe fees and forms for the purpose of this Act.

Review of Act

63. The

minister shall, every 5 years, conduct a review of this Act and the regulations

and consider the areas which may be improved.

SNL1995 cP-37.1

Amdt.

64. Sections 5, 7 and 10 of the Health and Community Services Act are

repealed.

RSNL1990 cC-26

Rep.

65. The

Communicable Diseases Act is

repealed.

SNL2012 cP-7.2

Amdt.

66. Paragraph 2(

c) of the Personal Services Act is amended by deleting the reference " Communicable

Diseases Act " and substituting the reference " Public Health

Protection and Promotion Act ".

Commencement

67. This Act comes into force on July 1, 2019.

Queen's Printer