Fourth Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 21
Section | Table of Contents |
PART 1 | |
INTRODUCTORY PROVISIONS | |
1(1) | Definitions |
(2) | Reference to "Act" includes regulations |
2 | Purpose of Act |
3 | Limit on restricting rights and freedoms |
PART 2 | |
PUBLIC HEALTH OFFICIALS AND | |
REGIONAL HEALTH AUTHORITIES | |
MINISTER AND REGIONAL HEALTH AUTHORITIES | |
4(1) | Minister's authority |
(2) | Minister's powers |
5(1) | Minister may designate person to investigate |
(2) | Powers of investigator |
6 | Responsibility of regional health authorities |
7 | Minister may give directions to RHA |
8 | Minister may provide public health services |
9 | Delegation by minister |
CHIEF PUBLIC HEALTH OFFICER | |
10 | Appointment of chief provincial public health officer |
11(1) | Advisory role of the chief public health officer |
(2) | Powers of chief public health officer |
(3) | Other powers |
12 | Acting status: chief public health officer |
13(1) | Delegation by chief public health officer |
(2) | Powers that may not be delegated |
(3) | Form of delegation |
14(1) | Report on health status of Manitobans |
(2) | Other reports |
15(1) | Reports on apprehensions and detentions |
(2) | When report to be given to minister |
16 | Tabling reports in Assembly |
OFFICIALS | |
17(1) | Appointing directors |
(2) | Powers of director |
18(1) | Appointing medical officers of health |
(2) | Medical officer of health must be a physician |
19(1) | Chief public health officer may authorize physician |
(2) | Physician has powers of a medical officer |
20 | Appointing public health inspectors, health officers and public health nurses |
21(1) | Agreement re municipal by-laws |
(2) | Enforcement of municipal licences, etc. |
(3) | By-law powers and remedies available |
PART 3 | |
COMMUNITY HEALTH PROTECTION | |
PUBLIC HEALTH ADVISORIES | |
22(1) | Public health advisory affecting one health region |
(2) | Publicizing a public health advisory |
23 | Advisory affecting two or more health regions |
HEALTH HAZARD ORDERS | |
24(1) | Health hazard order — medical officer |
(2) | Health hazard order — inspector or health officer |
25 | To whom order may be directed |
26(1) | Content of order |
(2) | Limit on inspector's power re dwellings |
(3) | Limit on health officer's power re dwellings |
(4) | Order to close place or premises |
(5) | Placarding |
(6) | Placard must not be concealed, altered, etc. |
27 | Order may relate to a disease |
28(1) | Medical officer may carry out order or seek assistance |
(2) | Order to pay costs |
(3) | Enforcement of order |
(4) | Cost recovery by municipality |
29(1) | Appeal of a health hazard order |
(2) | Time for filing and serving |
(3) | No stay of order |
(4) | Person who made the order is party to appeal |
(5) | Appeal heard as a new matter |
(6) | Court's powers on appeal |
SEIZURE AND DESTRUCTION OF HAZARDOUS THINGS | |
30(1) | Seizure of hazardous things |
(2) | Right to reclaim if no hazard |
(3) | Unclaimed things |
(4) | Destruction or disposition of hazardous things |
(5) | Cost of examination or testing |
(6) | Enforcement of order |
31(1) | Appeal of seizure |
(2) | Time for filing and serving |
(3) | Person who made the seizure is a party to appeal |
(4) | Appeal heard as a new matter |
(5) | Court's powers on appeal |
32(1) | Food as a health hazard |
(2) | No appeal of seizure |
HEALTH HAZARD EMERGENCIES | |
33 | Health hazard emergency — serious and immediate threat |
34(1) | Emergency health hazard order |
(2) | Emergency health hazard order (inspector) |
(3) | Notice to medical officer |
(4) | Order expires unless extended |
(5) | Medical officer may extend, revoke or amend inspector's order |
(6) | No appeal of emergency health hazard order |
35(1) | Emergency action by medical officer |
(2) | Emergency action by inspector |
(3) | Inspector's power to order vacating of a dwelling |
(4) | Notice to medical officer |
(5) | Minimum action |
(6) | Medical officer or inspector may seek assistance |
36(1) | Order to pay costs |
(2) | Enforcement of order to pay costs |
(3) | Cost recovery by municipality |
37 | Peace officer to assist |
APPEAL OF ORDER TO PAY COSTS | |
38(1) | Appeal of order to pay costs |
(2) | Court's power on appeal |
REPORTING HEALTH HAZARDS | |
39 | Duty to report health hazards |
40(1) | Any person may report suspected health hazard |
(2) | Infection control practices as a "health hazard" |
(3) | If information personal or confidential |
PART 4 | |
DISEASE CONTROL | |
DIVISION 1 | |
REPORTING REQUIREMENTS FOR | |
DISEASES | |
41(1) | Reporting of reportable disease: health professional |
(2) | Reporting of reportable disease: laboratory |
(3) | Reporting of zoonotic disease in animals: veterinarian |
(4) | Reporting of zoonotic disease: laboratory |
(5) | Definitions |
42(1) | Reporting when treatment refused |
(2) | Details of report |
(3) | Reporting non-compliance with order |
DIVISION 2 | |
COMMUNICABLE DISEASE ORDERS | |
ORDER TO INDIVIDUALS | |
43(1) | Communicable disease order |
(2) | Content of order |
(3) | Additional content of order |
(4) | Person may object to treatment or immunization |
(5) | Duty of hospital or facility |
(6) | Placarding of quarantined place |
(7) | Order re contact with health professional, hospital |
ORDER TO PROFESSIONALS AND FACILITIES | |
44 | Order to physician, etc. to comply with treatment protocol |
45(1) | Order to minimize transmission risk in hospital, etc. |
(2) | Order to improve infection control practices |
46(1) | Examinations of persons in schools, etc. |
(2) | Consent not required |
DIVISION 3 | |
APPREHENSION, DETENTION, | |
EXAMINATION AND TREATMENT | |
COURT ORDER TO APPREHEND A PERSON | |
47(1) | Application for order to apprehend |
(2) | Grounds |
(3) | Application may be made without notice |
(4) | Justice may make apprehension order |
(5) | Order directed to peace officer |
(6) | Duty of peace officer |
(7) | Duty to inform |
HEARING | |
48(1) | Action on apprehension |
(2) | Hearing |
(3) | Person may be absent |
ORDER OF JUSTICE TO EXAMINE, TREAT AND DETAIN | |
49(1) | When justice may make order |
(2) | Content of order |
(3) | Person may object to treatment or immunization |
(4) | Hospital must admit |
(5) | Detention for 90 days |
(6) | Release |
(7) | Termination of order |
50(1) | Court order required to detain further |
(2) | Extension |
(3) | Additional extensions |
51 | Detention continues until decision is made |
52 | Minimum period only |
EMERGENCY DETENTION ORDER BY MEDICAL OFFICER | |
53(1) | Emergency detention order for virulent disease |
(2) | Refusal to provide identifying information |
(3) | Content of order |
(4) | Order directed to peace officer |
(5) | Duty of peace officer |
(6) | Duty to inform |
(7) | Hospital must admit |
(8) | Detention for 72 hours only |
54(1) | Hearing and order |
(2) | Urgent basis |
(3) | Detention continues until decision is made |
55 | Report on apprehension |
DIVISION 4 | |
56 | Definitions |
57(1) | Consent required |
(2) | Duty to inform patients |
(3) | Adult patient not competent to consent |
(4) | If patient is a child |
58 | Previous adverse reaction after immunization |
59 | Duty to report reaction |
PART 5 | |
TEMPORARY DETENTION | |
DETENTION FOR IDENTIFICATION | |
60(1) | Temporary detention for identification |
(2) | Order to apprehend and detain |
(3) | Order directed to peace officer |
(4) | Duty of peace officer |
(5) | Duty to inform |
(6) | Duration of order |
61(1) | Application for continued detention |
(2) | Urgent basis |
(3) | Detention continues until decision is made |
(4) | Person may be absent |
(5) | When justice may make order |
(6) | Content of order |
62(1) | Release |
(2) | Termination of order |
DETENTION FOR DECONTAMINATION | |
63(1) | Temporary detention for decontamination |
(2) | Content of order |
(3) | Minimum action |
(4) | Action by peace officers and other persons |
(5) | Duty to inform |
(6) | Duration of order |
64(1) | Application for further action |
(2) | Information given to detained person |
(3) | Application within 72 hours |
(4) | Urgent basis |
(5) | Order in effect until decision is made |
(6) | Person may be absent |
(7) | When justice may make order |
(8) | Content of order |
(9) | Person may object to treatment or immunization |
(10) | Court order required to detain further |
65(1) | Release |
(2) | Termination of order |
REPORTING TEMPORARY DETENTION | |
66 | Report on detention order |
PART 6 | |
PUBLIC HEALTH EMERGENCY | |
67(1) | Public health emergency |
(2) | Special measures |
(3) | Minister's approval required |
(4) | Person may object to immunization |
68 | Limited delegation of authority |
69(1) | Temporary isolation or quarantine facility |
(2) | Court order |
(3) | Order may be made without notice |
70(1) | Compensation re isolation or quarantine facility |
(2) | How compensation determined |
PART 7 | |
INTOXICATING SUBSTANCES | |
71 | Definitions |
72(1) | Seizure of intoxicating substances |
(2) | Seizure of paraphernalia |
(3) | Search re intoxicating substances and paraphernalia |
73(1) | Seizure on site |
(2) | Responsibilities of agent |
74(1) | Justice to hold hearing |
(2) | Notice of show cause hearing |
(3) | How notice given |
(4) | Service of notice dispensed with |
(5) | Formal rules of evidence not to apply |
(6) | Order |
(7) | Order is final |
75 | No compensation |
76(1) | Evidence of nature of substance |
(2) | Proof by analysis |
PART 8 | |
INFORMATION GATHERING AND SHARING | |
AND HEALTH SURVEILLANCE | |
DEFINITIONS | |
77 | Definitions |
REQUIREMENT TO PROVIDE INFORMATION ABOUT PUBLIC HEALTH THREATS | |
78(1) | Information about public health threat |
(2) | Officials authorized to collect information |
79 | Duty to provide information |
INFORMATION SHARING | |
80 | Information sharing: minister and chief public health officer |
81 | Information sharing: medical officers, etc. |
HEALTH SURVEILLANCE | |
82(1) | Health surveillance system |
(2) | Registries of information |
(3) | Trustee may be designated to maintain a registry |
(4) | Collecting, etc. information for system |
PART 9 | |
ENTRY AND INSPECTION | |
83(1) | General powers of entry and inspection for medical officer |
(2) | Entry into dwelling with consent |
(3) | Warrant for entry into dwelling |
(4) | Abandoned building not a dwelling |
(5) | Conditions |
(6) | Entry into premises in public health emergency |
(7) | Entry by inspector, health officer |
(8) | Entry by public health nurse |
84 | Assistance to officials |
85(1) | Warrant for search and seizure |
(2) | Application without notice |
(3) | Securing evidence |
ADDITIONAL INSPECTION POWERS | |
86(1) | Inspection powers of medical officer |
(2) | Additional powers re serious and immediate threat |
(3) | Powers of inspector, health officer |
(4) | Powers of public health nurse |
(5) | Assistance to officials |
(6) | Assistance of owner or occupant |
IDENTIFICATION, RECORDS AND EVIDENCE | |
87 | Identification to be shown |
88(1) | Use of data processing system and copying equipment |
(2) | Removal of records, etc. to make copies |
89 | Copies as evidence |
OFFENCES AND PENALTIES | |
90(1) | Offences |
(2) | Continuing offence |
(3) | Directors and officers of corporations |
(4) | Penalties |
(5) | Penalties for corporations |
(6) | Time limit for prosecution |
COURT ORDERS TO PROHIBIT OR REQUIRE ACTIONS | |
91(1) | Court order where order or direction contravened |
(2) | Court order where Act contravened |
(3) | Terms and conditions |
PART 10 | |
DISINTERMENT | |
92(1) | Order for disinterment |
(2) | Granting of order |
93(1) | Authority to cemetery owner, etc. |
(2) | Body must be disposed of as ordered |
94 | Permit for re-burial |
95 | Proceedings under Fatality Inquiries Act |
PART 11 | |
GENERAL PROVISIONS | |
RIGHTS | |
96(1) | Duty to inform re right to counsel |
(2) | Detention of brief duration |
(3) | Right to contact counsel may be delayed if public health threat |
97 | No treatment or immunization if person objects |
PROVISIONS APPLICABLE TO ORDERS AND DIRECTIONS | |
98(1) | Person need not be named |
(2) | Directed to one or more persons or to a class of persons |
(3) | Terms and conditions |
(4) | Deadline |
99 | Order or direction must be complied with |
ORAL ORDERS | |
100(1) | Oral orders — medical officer |
(2) | Oral orders — inspector |
(3) | Notice to medical officer |
(4) | Confirming the order in writing |
SERVICE OF ORDERS | |
101(1) | To whom order must be given |
(2) | Order given personally or by mail |
(3) | Service on large number of persons |
REPORTING AND INFORMATION | |
102 | Duty to report is in addition to other duties |
103(1) | Duty to provide information |
(2) | If information subject to solicitor-client privilege |
(3) | Limits re personal and personal health information |
PROTECTION OF PERSONS WHO REPORT | |
104 | No retaliation |
105 | Persons reporting protected from liability |
LIABILITY PROTECTION | |
106(1) | Protection from liability |
(2) | Protection for person providing assistance |
MISCELLANEOUS | |
107 | Reasonable force may be used |
108 | Action under one provision not a bar to other action |
109(1) | Supply of drugs, medical supplies, etc. |
(2) | Selling drugs, medical supplies, etc. |
110(1) | Certificate of analyst admissible |
(2) | Service of certificate or report on other parties |
111 | Act binds the Crown |
PART 12 | |
REGULATIONS | |
112(1) | Regulations |
(2) | Ministerial regulations |
(3) | Adopting codes and standards |
(4) | Regulation may apply part of province, classes of persons |
PART 13 | |
CONSEQUENTIAL AMENDMENTS | |
113(1) | Consequential amendments, S.M. 2002, c. 39 |
(2) | |
(3) | |
108(1) | Agreement to enforce by-law under The Public Health Act |
(2) | Medical officer of health's powers to enforce this Act |
(4) | |
114 | Consequential amendment, C.C.S.M. c. P130 |
115 | Consequential amendment, C.C.S.M. c. P250 |
(2) | Exclusion from school |
116(1) | Consequential amendments, C.C.S.M. c. R34 |
(2) | |
(3) | |
117 | Consequential amendment, C.C.S.M. c. S165 |
PART 14 | |
TRANSITION, REPEAL, | |
C.C.S.M. REFERENCE | |
AND COMING INTO FORCE | |
118 | |
119 | Officials deemed to continue under this Act |
120 | Licences, permits, approvals etc. deemed to continue |
121 | Regulations made under former Act |
122 | Repeal |
123 | C.C.S.M. reference |
124 | Coming into force |