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Volume 52, No. 5

B.C. Reg. 51/2009

The British Columbia Gazette,

Part II

March 10, 2009

B.C. Reg. 51/2009 , deposited March 2, 2009, pursuant to the PUBLIC HEALTH ACT [Sections 111 (1) (b), (e), (

f) and (2), 124, 126 (8), 127 (2)]. Order in Council 128/2009, approved and ordered February 27, 2009.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective March 31, 2009, the attached Public Health Act Transitional Regulation is made.

— M. POLAK, Minister of Healthy Living and Sport ; S. BOND, Presiding Member of the Executive Council .

PUBLIC HEALTH ACT TRANSITIONAL REGULATION

Contents

Part 1 —

Interpretation and Application of Regulations

Interpretation

Health Act regulations apply

Part 2 — Disease

Infectious agents

Part 3 — Other Health Hazards

Code of Practice for Soil Amendments

Food Premises Regulation

Health Act Communicable Disease Regulation

Health Hazard Regulation (unpasteurized milk)

Industrial Camps Health Regulation

Organic Matter Recycling Regulation

Personal Service Establishments Regulation

Public Place Sanitary Facilities Regulation

Sewerage System Regulation

Swimming Pool, Spray Pool and Wading Pool Regulations

West Nile Virus Control Regulation

Part 4 — Other Transitional Matters

Reporting of toxic spills

No fee for use of public toilet

Duties of landlords

Distance of wells from possible source of contamination

Part 1 –

Interpretation and Application of Regulations

Interpretation

(1) In this regulation, "Act" means the Public Health Act .

(2) A reference in a regulation made under the Health Act to

(

a) the Health Act is to be read as a reference to the Act, and

(

b) a public health inspector or a sanitary inspector is to be read as a reference to an environmental health officer.

Health Act regulations apply

2 A regulation made under the Health Act continues to apply for the purposes of the Act, subject to any modifications, express or implied, made to it by the Act or this regulation.

Part 2 – Disease

Infectious agents

(1) For the purposes of applying the Health Act Communicable Disease Regulation, B.C. Reg. 4/83,

(

a) except in

section 18 of the regulation, "communicable disease" and "infectious agent" have the same meaning as in the Act,

(

b) all provisions of that regulation also apply to the communicable diseases

(

i) chancroid,

(ii) granuloma inguinale, and

(iii) lymphogranuloma venereum

as if those communicable diseases had been prescribed as reportable communicable diseases under

Schedule A of that regulation, and

(

c) all provisions of that regulation also apply to the organisms

(

i) Haemophilus ducreyi, and

(ii) Klebsiella granulomatis

as if those organisms had been prescribed as reportable communicable diseases under

Schedule B of that regulation.

(2) The following are prescribed as infectious agents for the purposes of all sections of the Act, except

section 17, that refer to an infectious agent or an infected person:

(

a) a reportable communicable disease within the meaning of the Health Act Communicable Disease Regulation, B.C. Reg. 4/83;

(

b) a communicable disease or organism listed in subsection (1) (

b) or (c).

Part 3 – Other Health Hazards

Code of Practice for Soil Amendments

4 For the purposes of applying the Code of Practice for Soil Amendments, B.C. Reg. 210/2007, the storage and application to land of soil amendments within the meaning of that regulation are prescribed as regulated activities.

Food Premises Regulation

5 For the purposes of applying the Food Premises Regulation, B.C. Reg. 210/99,

(

a) conditions that May cause food to be contaminated are prescribed as health hazards,

(

b) potentially hazardous food within the meaning of that regulation is prescribed as a health hazard, and

(

c) the operation of food premises to which that regulation applies is prescribed as a regulated activity.

Health Act Communicable Disease Regulation

6 For the purposes of applying the Health Act Communicable Disease Regulation, B.C. Reg. 4/83,

(

a) the handling and transportation of a dead body is prescribed as a regulated activity, and

(

b) pet food meat containing micro-organisms capable of producing disease in humans is prescribed as a health hazard.

Health Hazard Regulation (unpasteurized milk)

7 Milk for human consumption that has not been pasteurized at a licensed dairy plant in accordance with the Milk Industry Act is prescribed as a health hazard.

Industrial Camps Health Regulation

8 For the purposes of applying the Industrial Camps Health Regulation, B.C. Reg. 427/83, the operation of a camp to which that regulation applies is prescribed as a regulated activity.

Organic Matter Recycling Regulation

9 For the purposes of applying the Organic Matter Recycling Regulation, B.C. Reg. 18/2002, the production, distribution, storage, sale, use or application to land of biosolids or compost to which that regulation applies are prescribed as regulated activities.

Personal Service Establishments Regulation

10 For the purposes of applying the Personal Service Establishments Regulation, B.C. Reg. 202/83, the operation of a personal service establishment within the meaning of that regulation is prescribed as a regulated activity.

Public Place Sanitary Facilities Regulation

11 For the purposes of applying the Public Place Sanitary Facilities Regulation, B.C. Reg. 94/82, the operation of a public place within the meaning of that regulation is prescribed as a regulated activity.

Sewerage System Regulation

12 For the purposes of applying the Sewerage System Regulation, B.C. Reg. 326/2004,

(

a) a "health hazard" within the meaning of that regulation is prescribed as a health hazard, and

(

b) the construction and maintenance of a holding tank or sewerage system described in

section 2 of that regulation are prescribed as regulated activities.

Swimming Pool, Spray Pool and Wading Pool Regulations

13 For the purposes of applying the Swimming Pool, Spray Pool and Wading Pool Regulations, B.C. Reg. 289/72, the construction and operation of pools, portable instruction pools and therapeutic pools within the meaning of that regulation are prescribed as regulated activities.

West Nile Virus Control Regulation

14 For the purposes of applying the West Nile Virus Control Regulation, B.C. Reg. 357/2004,

(

a) a health hazard prescribed under

section 2 of that regulation is prescribed as a health hazard for the purposes of the Act, and

(

b) the application of pesticides for the purposes of preventing or removing a health hazard prescribed under

section 2 of that regulation is prescribed as a preventive measure.

Part 4 – Other Transitional Matters

Reporting of toxic spills

15 In addition to satisfying the requirements of the Environmental Management Act , a person who causes or permits the discharge into the land, water or air of a substance that is a health hazard must

(

a) promptly notify a medical health officer in writing of the matters set out in

section 11 of the Act, as well as the time, duration and quantity of the discharge of the substance, and

(

b) take immediate action to mitigate and cease the discharge.

No fee for use of public toilet

(1) In this section, "public toilet" means a toilet that is located in a place to which the public has access, whether or not a fee is charged for that access, but does not include a toilet that is located in a private dwelling.

(2) A person who owns, occupies or has control of a place other than a private dwelling must not

(

a) demand or require payment for the use of a public toilet, or

(

b) have control of, or permit a person to install, a public toilet that operates or is accessible only on payment.

(3) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $2 000.

Duties of landlords

(1) In this section:

"landlord" , "rental unit" , and "tenant" have the same meaning as in the Residential Tenancy Act ;

"rental accommodation" means a rental unit to which the Residential Tenancy Act applies.

(2) A landlord must not rent a rental unit that is not connected to a waterworks system unless the landlord can provide the tenant with a supply of safe and potable water for domestic purposes.

(3) Unless permitted under another enactment, a landlord must not rent a rental unit that does not have

(

a) at all times at least 384 cubic feet of airspace for each tenant, and

(

b) a window that May be opened by tenants of the rental unit.

Distance of wells from possible source of contamination

(1) A person who sinks or digs a well after

section 42 of the Sanitary Regulations, B.C. Reg. 142/59, was first enacted must ensure that the well is located at least

(a) 100 feet from any probable source of contamination,

(b) 20 feet from any private dwelling, and

(

c) unless contamination of the well would be impossible because of the physical conformation, 400 feet from any cemetery or dumping ground.

(2) A person who controls a well sunk or dug before

section 42 of the Sanitary Regulations was first enacted must

(

a) remove any source of contamination within the distances set out in subsection (1), or

(

b) subject to subsection (3), abandon and fill the well.

(3) Subsection (2) (

b) does not apply to a well located within 20 feet of a private dwelling unless it can be shown that the well should be abandoned for a reason other than proximity to a private dwelling.

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