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Volume 54, No. 23

216/2011

The British Columbia Gazette,

Part II

December 13, 2011

B.C. Reg. 216/2011 , deposited December 2, 2011, pursuant to the PUBLIC HEALTH ACT [sections 111, 114 and 123] and the OFFENCE ACT [section 132]. Order in Council 575/2011, approved and ordered December 1, 2011.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that

1 The following are repealed:

(

a) sections 11, 16 and 19 of the Health Act Communicable Disease Regulation, B.C. Reg. 4/83;

(

b) sections 6, 7, 14, 17 and 18 of the Public Health Act Transitional Regulation, B.C. Reg. 51/2009;

(

c) the West Nile Virus Control Regulation, B.C. Reg. 357/2004.

Schedule 2 of the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended under the heading " Public Health Act Transitional Regulation, B.C. Reg. 51/2009 " by

(

i) repealing the following item:

section 17

Fail to provide sufficient safe and potable drinking water

$100

$15

$115

, and

(ii) adding the following:

Health Hazards Regulation, B.C. Reg. 216/2011

section 7

Fail to provide sufficient potable drinking water

$100

$15

$115

3 The attached Health Hazards Regulation is made.

— S. BOND, Attorney General ; M. DE JONG, Minister of Health ; I. CHONG, Presiding Member of the Executive Council .

HEALTH HAZARDS REGULATION

Contents

Part 1 — Definition

Definition

Part 2 — Health Hazards

Division 1 — Food

Hazardous Food

Prohibitions respecting hazardous food

Division 2 — West Nile Virus

West Nile virus

Pesticide application order

Local government compliance

Division 3 — General

Inadequate rental accommodation

Distance of wells from possible source of contamination

Part 1 - Definition

Definition

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

Part 2 - Health Hazards

Division 1 - Food

Hazardous food

2 The following are prescribed as health hazards:

(

a) milk for human consumption that has not been pasteurized at a licensed dairy plant in accordance with the Milk Industry Act ;

(

b) unpasteurized milk or milk products from a farm or dairy where a person is living and is suffering from or a carrier of

(

i) salmonellosis,

(ii) campylobacteriosis, or

(iii) a communicable disease that can be spread by raw milk and must be reported under the Act;

(

c) pet food meat containing micro-organisms capable of producing disease in humans.

Prohibitions respecting hazardous food

(1) A person must not remove, or permit to be removed, milk or milk products described in

section 2 (

b) from the farm or dairy without the written consent of a medical health officer, unless the milk or milk products are to be pasteurized before distribution or use.

(2) A person must not sell, or offer for sale, pet food described in

section 2 (c).

Division 2 - West Nile Virus

West Nile virus

(1) In this Part:

"pesticide application order" means an order, made under

section 5, to apply pesticides;

"pesticide use authority" means an authorization under the Integrated Pest Management Act for the minister, a health authority or a local government to use pesticide products for the purpose of controlling mosquito species in areas of British Columbia where there is a risk to human health from West Nile virus.

(2) The following are prescribed as health hazards:

(

a) the West Nile virus;

(

b) any agent or condition that transmits, or contributes to the transmission of, the West Nile virus.

(3) The application of pesticides for the purposes of preventing or removing a health hazard prescribed under subsection (2) is prescribed as a preventive measure.

Pesticide application order

(1) The provincial health officer or a medical health officer may order a local government to apply pesticides to any area within the jurisdiction of the local government if the provincial health officer or medical health officer is satisfied that it is necessary to protect public health through the prevention or removal of a health hazard prescribed in

section 4 (2).

(2) A person issuing a pesticide application order must

(

a) serve the order on the local government,

(

b) set out in the order

(

i) the time by which the local government must comply, and

(ii) any conditions of a pesticide use authority with which the local government must comply, and

(

c) provide the local government a copy of the pesticide use authority.

(3) A person issuing a pesticide application order may authorize in the order the application of pesticides to private property, with or without the consent of the owner or occupant of the property.

Local government compliance

6 A local government that is served with a pesticide application order must

(

a) comply with the order on or before the date set out in the order,

(

b) comply with any conditions set out in the order, and

(

c) provide to the person who issued the order any information or assistance required by that person to comply with any conditions of the pesticide use authority.

Division 3 - General

Inadequate rental accommodation

(1) In this section:

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

"potable water" has the same meaning as in the Drinking Water Protection Act .

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

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

(

a) at least 11 m 3 of airspace for each tenant, and

(

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

(4) A rental unit that does not meet the requirements of this

section is prescribed as a health hazard.

Distance of wells from possible source of contamination

(1) A person who installs a well, or who controls a well installed on or after July 20, 1917, must ensure that the well is located at least

(a) 30 m from any probable source of contamination,

(b) 6 m from any private dwelling, and

(

c) unless contamination of the well would be impossible because of the physical conformation, 120 m from any cemetery or dumping ground.

(2) A person who controls a well installed before July 20, 1917, must

(

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

(

b) subject to subsection (3), close the well in accordance with

section 6 of the Code of Practice under the Ground Water Protection Regulation, B.C. Reg. 299/2004.

(3) Subsection (2) (

b) does not apply to a well located within 6 m 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.

(4) A well that does not meet the requirements of this

section is prescribed as a health hazard.

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