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The Security Management (Various Acts Amended) Act

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If you need an official copy, contact Statutory Publications.

S.M. 2002, c. 26

Bill 2, 3rd Session, 37th Legislature

THE SECURITY MANAGEMENT (VARIOUS ACTS AMENDED) ACT


 

(Assented to August 9, 2002)

WHEREAS the tragedies of terrorism of September 11, 2001, have threatened the sense of peace and security of all Canadians;

AND WHEREAS the Province of Manitoba has reviewed its laws and procedures and determined that amendments to several Manitoba Acts are required to enhance security and improve emergency planning and response in the province;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE DANGEROUS GOODS HANDLING AND TRANSPORTATION ACT

C.C.S.M. c. D12 amended

1           The Dangerous Goods Handling and Transportation Act is amended by this Part.

2           Section 13 is amended

(a) in clause (a), by adding "or contaminants" after "goods" wherever it occurs;

(b) in clause (b), by adding "or contaminants" after "goods";

(c) in clause (c), by striking out "hazardous waste" and substituting "contaminants"; and

(d) by adding the following after clause (c):

(d) require any person handling or disposing of dangerous goods or contaminants to develop and submit to the director a security plan that is acceptable to the director concerning the dangerous goods or contaminants and the person's activities, equipment and facilities;

(e) require a person who submits a security plan to execute the plan, or any aspect of it, with or without conditions;

(f) require any person handling or disposing of dangerous goods or contaminants to implement any security measures that the director considers appropriate to enhance the security of the dangerous goods or contaminants and the person's activities, equipment and facilities.

3           Section 41 is amended by renumbering it as subsection 41(1) and by adding the following as subsection 41(2):

Application of Act to developments

41(2)       This Act applies to the handling and disposal of dangerous goods and contaminants at a development, as defined in The Environment Act, even if a licence has been issued under that Act for the development.

PART 2

THE EMERGENCY MEASURES ACT

C.C.S.M. c. E80 amended

4           The Emergency Measures Act is amended by this Part.

5           Section 1 is amended

(a) in the definition "co-ordinator", by striking out "Manitoba Emergency Management Organization" and substituting "Emergency Measures Organization";

(b) by repealing the definition "emergency preparedness"; and

(c) by adding the following definitions in alphabetical order:

"emergency plan" means a plan for preparing for, responding to and recovering from emergencies and disasters; (« plan d'urgence »)

"emergency preparedness program" means a program designed to achieve a state of readiness for emergencies and disasters; (« programme de préparatifs d'urgence »)

6(1)        Subsection 2(1) is replaced with the following:

Emergency Measures Organization

2(1)        The Manitoba Emergency Management Organization is continued under the name "Emergency Measures Organization" as a branch of the department administered by the minister.

6(2)        The following provisions are amended by striking out "Manitoba Emergency Management Organization" and substituting "Emergency Measures Organization":

(a) subsection 2(2);

(b) the part of subsection 2(3) before clause (a);

(c) subsections 16.1(1) and 17(6);

(d) clauses 17(7)(b) and (c).

7           Section 3 is amended by striking out "emergency preparedness plans and programs" and substituting "emergency preparedness programs and emergency plans".

8           Section 6 is amended

(a) in clause (a), by adding "review," after "establishment,"; and

(b) in clauses (a) and (b), by striking out "emergency preparedness plans and programs" and substituting "emergency preparedness programs and emergency plans".

9           Section 7 is amended

(a) in the part of clause (a) after subclause (iii), by striking out "emergency preparedness plans or programs" and substituting "emergency preparedness programs, emergency plans";

(b) in clauses (b) and (d), by striking out "emergency preparedness plans and programs" and substituting "emergency preparedness programs and emergency plans";

(c) in clause (c), by striking out "emergency preparedness plans" and substituting "emergency preparedness programs, emergency plans"; and

(d) in clause (d), by striking out "Manitoba Emergency Management Organization" and substituting "Emergency Measures Organization".

10(1)       Section 8 is renumbered as subsection 8(1) and is amended

(a) in clauses (a), (c) and (f), by striking out "emergency preparedness plans and programs" and substituting "emergency preparedness programs and emergency plans";

(b) by replacing clause (d) with the following:

(d) shall prepare and adopt emergency preparedness programs and emergency plans and submit them to the co-ordinator for approval and co-ordination with other emergency preparedness programs and emergency plans;

(c) in clause (e), by striking out "emergency preparedness plans" and substituting "emergency preparedness programs and emergency plans"; and

(d) by adding "and" at the end of clause (f) and adding the following after that clause:

(g) shall implement its emergency preparedness programs as approved under this section.

10(2)       The following is added as subsections 8(2) to (8):

Approval of program or plan

8(2)        After a program or plan has been submitted under this section to the co-ordinator, the co-ordinator may

(a)  approve it as submitted; or

(b)  refer it back to the local authority for further action, with any recommendations or directions the co-ordinator considers appropriate.

When program or plan is not approved

8(3)        When a program or plan is referred back to a local authority for further action, the local authority must take that action in accordance with the co-ordinator's directions and resubmit it to the co-ordinator for approval.

Minister may act on behalf of local authority

8(4)        The minister may set a deadline for a local authority to comply with clause (1)(d) or subsection (3).  If the local authority does not meet the deadline or any extension allowed by the minister, the minister may cause an emergency preparedness program or an emergency plan to be prepared or revised in consultation with the local authority and submitted to the local authority for adoption and to the co-ordinator for approval.

Failure to adopt program or plan

8(5)        If the co-ordinator approves a program, plan or revision submitted under subsection (4) but the local authority does not adopt it, the minister may designate the program or plan, or the revised program or plan, as the local authority's program or plan.

Costs are debt due to government

8(6)        Any costs incurred by the government in causing a program or plan to be prepared or revised on behalf of a local authority under subsection (4) are a debt due to the government by the municipality for which the local authority is responsible.

Changes to be submitted for approval

8(7)        When a local authority proposes to change an emergency preparedness program or emergency plan, clause (1)(d) and subsections (2) to (6) apply, with necessary modifications, to the proposed change.

Periodic review

8(8)        A local authority must review and revise its emergency preparedness programs and emergency plans from time to time as required by the regulations, to ensure that they continue to meet the standards prescribed by regulation.

Transitional

8(9)        A program or plan that was submitted to the co-ordinator before this subsection came into force is not required to be resubmitted under clause (1)(d). But the co-ordinator may approve it or refer it back to the local authority under subsection (2).

11(1)       Subsection 9(1) is amended by striking out everything after "designated" and substituting "in an emergency plan may cause the plan to be implemented."

11(2)       Subsection 9(2) is amended by striking out everything after "designated" and substituting "in its emergency plans may cause the plans to be implemented."

12          Section 12 is amended

(a) in clause (a), by striking out "preparedness"; and

(b) by adding the following after clause (i):

(i.1) regulate the distribution and availability of essential goods, services and resources;

13          Subsection 21(2) is replaced with the following:

Minister's order to prevail

21(2)       Where there is a conflict between an order of the minister made under section 12 and

(a) an order of a local authority made under that section; or

(b) a provision of, or an order made under, any other Act of the Legislature;

the minister's order prevails.

Consequential amendment to C.C.S.M. c. H60

14          The definition "government emergency organization" in subsection 1(1) of The Highway Traffic Act is amended by striking out "Manitoba Emergency Management Organization" and substituting "Emergency Measures Organization".

PART 3

THE MANITOBA EVIDENCE ACT

C.C.S.M. c. E150 amended

15          The Manitoba Evidence Act is amended by this Part.

16          The following is added after section 10.1:

Definitions

10.2(1)     In this section,

"official" means a person who

(a) holds an office or appointment under the government of Manitoba or Canada, or

(b) is appointed to discharge a public duty; (« fonctionnaire »)

"protected public interest" means a public interest relating to

(a) the defence or security of Canada or Manitoba or its people, or

(b) the health of Manitobans or other Canadians. (« raisons d'intérêt public protégées »)

Objection to disclosure of information

10.2(2)     A minister of the Crown in right of Manitoba or Canada or other official may object to the disclosure of information before a court, person or body with jurisdiction to compel the production of information by

(a) certifying orally or in writing to the court, person or body that the information should not be disclosed on the grounds of a protected public interest; and

(b) specifying the nature of the protected public interest.

Obligation of court, person or body

10.2(3)     If an objection is made under subsection (2), the court, person or body shall ensure that the information is not disclosed other than in accordance with this section.

Objection in Provincial Court or Queen's Bench

10.2(4)     If an objection to the disclosure of information is made before The Provincial Court or the Court of Queen's Bench, that court may determine the objection.

Objection before other body

10.2(5)     If an objection to the disclosure of information is made before a person or body other than The Provincial Court or the Court of Queen's Bench, the objection may be determined, on application, by the Court of Queen's Bench.

Limitation period

10.2(6)     An application under subsection (5) must be made within 10 days after the objection is made or within any further time that the court considers appropriate in the circumstances.

Disclosure order

10.2(7)     Unless the court having jurisdiction to determine an objection made under subsection (2) concludes that the disclosure of the information to which the objection was made would encroach upon a protected public interest, the court may, by order, authorize the disclosure of the information.

Disclosure order where a protected public interest

10.2(8)     If the court concludes that disclosure would encroach upon a protected public interest, but that the public interest in disclosure or the right to a fair trial of a person accused of an offence under a provincial statute outweighs in importance the protected public interest, the court may, by order, authorize the disclosure, after considering

(a) the public interest in disclosure;

(b) the right to a fair trial; and

(c) the form of and conditions to disclosure that are most likely to limit any encroachment upon the protected public interest resulting from disclosure.

The court may then authorize the disclosure of all of the information, a part or summary of the information, or a written admission of facts relating to the information, and may make the disclosure subject to any conditions that the court considers appropriate.

Order prohibiting disclosure

10.2(9)     If the court does not authorize disclosure under subsection (7) or (8), the court shall, by order, prohibit disclosure of the information.

When order takes effect

10.2(10)    An order of the court that authorizes disclosure does not take effect until the time provided or granted to appeal the order, or to appeal a judgment of an appeal court that confirms the order, has expired.

Introducing disclosure material into evidence

10.2(11)    A person who wishes to introduce into evidence material the disclosure of which is authorized under subsection (8) but who may not be able to do so by reason of the rules of admissibility that apply before the court, person or body with jurisdiction to compel the production of information may request from the court having jurisdiction under subsection (4) or (5) an order permitting the introduction into evidence of the material in a form or subject to any conditions fixed by that court, as long as that form and those conditions comply with the order made under subsection (8).

Relevant factors

10.2(12)    For the purpose of subsection (11), the court having jurisdiction under subsection (4) or (5) shall consider all the factors that would be relevant for a determination of admissibility before the court, person or body.

Appeal to Court of Appeal

10.2(13)    An appeal lies from an order made under subsection (7), (8) or (9) to The Court of Appeal.

Limitation period for appeal

10.2(14)    An appeal under subsection (13) must be brought within 10 days after the date of the order appealed from, or within any further time that the court considers appropriate in the circumstances.

Hearing to be private

10.2(15)    A hearing under subsection (4) or (5) or an appeal of an order made under subsection (7), (8) or (9) shall be in private.

Representations at hearing

10.2(16)    The court conducting a hearing under subsection (4) or (5) or the court hearing an appeal of an order made under subsection (7), (8) or (9) may give

(a) any person an opportunity to make representations; and

(b) any person who makes representations under clause (a) the opportunity to make representations ex parte.

PART 4

THE FIRES PREVENTION ACT

C.C.S.M. c. F80 amended

17          The Fires Prevention Act is amended by this Part.

18          The title is replaced with "The Fires Prevention and Emergency Response Act".

19          Section 1 is amended by adding the following definitions in alphabetical order:

"emergency" means a present or imminent situation or condition that requires prompt action to prevent or limit

(a) loss of life,

(b) harm or damage to the safety, health or welfare of people, or

(c) damage to property or the environment; (« cas d'urgence »)

"emergency response services" means services provided at the site of an emergency by one or more provincial, regional or municipal authorities, including the following services:

(a) fire fighting,

(b) security and policing,

(c) emergency medical care,

(d) rescue,

(e) hazardous materials emergency response; (« services d'intervention d'urgence »)

20(1)       Subsection 35(3) is amended by striking out "and" at the end of clause (g) and by adding the following after clause (h):

(i) establish an incident management system that sets out the roles, responsibilities and standard procedures to be used to coordinate the delivery of emergency response services;

(j) coordinate emergency response services and resources according to the incident management system established under clause (i); and

(k) provide training in critical incident stress management, and coordinate emergency response personnel in the provision of critical incident stress management.

20(2)       Subsection 35(4) is replaced with the following:

Action in emergency

35(4)       In an emergency, the fire commissioner may take any action that he or she considers necessary to protect the health or safety of people or to reduce or prevent serious damage to property or the environment, including

(a) evacuating any area or premises; and

(b) calling on the police or fire authorities having jurisdiction for assistance.

20(3)       The following is added after subsection 35(7):

Delegation

35(8)       The fire commissioner may, in writing, delegate to any person any power, authority, duty or function conferred or imposed on the fire commissioner by or under this Act or the regulations.

21          The following is added after subsection 38(5):

Annual report of emergency response resources

38(6)       Each of the following persons must provide an annual report to the fire commissioner setting out such information as the fire commissioner requires respecting emergency response resources in the area for which the person is responsible:

(a) in the case of a municipality, the head of its council;

(b) in the case of a local government district, its resident administrator;

(c) in the case of an incorporated community under The Northern Affairs Act, its mayor.

Consequential amendments to C.C.S.M. c. L20 and M225

22          The following provisions are amended by striking out "The Fires Prevention Act" and substituting "The Fires Prevention and Emergency Response Act":

(a) clause (f) of the definition "inspector" in section 1 of The Department of Labour and Immigration Act;

(b) section 269 and clause (b) of the definition "building standard" in section 385 of The Municipal Act.

PART 5

THE PESTICIDES AND FERTILIZERS CONTROL ACT

C.C.S.M. c. P40 amended

23          The Pesticides and Fertilizers Control Act is amended by this Part.

24          Section 1 is amended by adding the following definitions in alphabetical order:

"aerial spraying equipment" means

(a) an aircraft equipped for spraying pesticide or fertilizer, or

(b) prescribed equipment that is designed for spraying pesticide or fertilizer from an aircraft; (« matériel de pulvérisation aérienne »)

"controlled product" means a prescribed pesticide or fertilizer; (« produit contrôlé »)

"ground-based spraying equipment" means prescribed equipment that is designed for spraying pesticide or fertilizer from the ground; (« matériel de pulvérisation au sol »)

"listed entity" means a listed entity as defined in section 83.01 of the Criminal Code (Canada); (« entité inscrite »)

"prescribed" means prescribed by regulation.

25          The following is added after section 3:

No provision to listed entity

3.1(1)      No person shall, directly or indirectly, provide aerial or ground-based spraying equipment or a controlled product to a listed entity.

No provision to unidentified person

3.1(2)      No person shall provide aerial or ground-based spraying equipment or a controlled product to another person without first determining the identity of the other person.

No provision of controlled products

3.1(3)      No person shall, directly or indirectly, provide a controlled product to another person if he or she has reason to believe the other person will use it for a purpose other than as a plant nutrient or for the management of a pest.

No provision of spraying equipment

3.1(4)      No person shall, directly or indirectly, provide aerial or ground-based spraying equipment to another person if he or she has reason to believe the other person will use it for the unlawful application of a substance.

Notice re sale or lease

3.2         A person who sells or leases prescribed aerial or ground-based spraying equipment must provide prescribed information to the minister in accordance with the regulations at least 10 days before transferring possession of the equipment.  But with the minister's written approval, the transfer may be made sooner.

Report of missing inventory

3.3         A person who becomes aware that more than a prescribed amount of a controlled product that was in his or her control or possession is missing must report to the minister, or the person designated by him or her, in accordance with the regulations.

Sharing information

3.4         The minister may enter into an agreement with the government of Canada, another province or territory in Canada, a foreign country, or a state, province or territory of a foreign country respecting

(a) the recognition of licences for the application of pesticides or fertilizers; and

(b) the sharing of information, including personal information, for the purposes of any law respecting the provision or use of pesticides or fertilizers, the use of pesticide or fertilizer spraying equipment, or the safety or security of persons.

26          The following is added after subsection 4(2):

Using data processing systems and copiers

4(2.1)      In carrying out an inspection under this section at any premises, an inspector may

(a) use a data processing system at the premises to examine any data contained in or available to the system;

(b) reproduce any record from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and

(c) use any copying equipment at the place to make copies of any record or other document.

Removing records

4(2.2)      An inspector may remove any records or documents that he or she is entitled to examine or copy or otherwise reproduce but shall give a receipt to the person from whom they are taken and promptly return them on completion of the examination or copying.

Assisting inspector

4(2.3)      The owner or person in charge of premises referred to in clause (1)(a) and any person found in the premises

(a) must give the inspector all reasonable assistance to enable the inspector to carry out his or her functions under this Act; and

(b) must furnish the inspector with any information the inspector reasonably requires for the purposes of this Act.

Obstructing inspector

4(2.4)      No person shall obstruct, or make a false or misleading statement to, an inspector who is carrying out duties or functions under this Act.

27          Subsection 7(1) is amended in the part after clause (b) by striking out "$1,000." and substituting "$10,000.".

28          Section 8 is amended by adding the following after clause (c):

(c.1) prescribing equipment or classes of equipment for the purpose of the definition "aerial spraying equipment" in section 1;

(c.1.1) prescribing equipment or classes of equipment, other than equipment used primarily in farming, for the purpose of the definition "ground-based spraying equipment" in section 1;

(c.2) prescribing pesticides and fertilizers as controlled products;

(c.3) prescribing information to be provided to the minister, and the manner of providing it;

(c.4) prescribing aerial and ground-based spraying equipment for the purpose of section 3.2;

(c.5) prescribing amounts of controlled product for the purpose of section 3.3;

(c.6) prescribing requirements for the secure storage of aerial and ground-based spraying equipment and the disabling of them when not in use;

PART 6

THE PRIVATE INVESTIGATORS AND SECURITY GUARDS ACT

C.C.S.M. c. P132 amended

29          The Private Investigators and Security Guards Act is amended by this Part.

30          Section 10 is amended by adding "criminal history," after "character,".

31          Section 12 is amended

(a) by adding "the person meets the requirements set out in the regulations and" after "Where"; and

(b) in the English version, by striking out "he" and substituting "the registrar".

32          Section 37 is amended in the part after clause (c)

(a) by striking out "$1,000" and substituting "$10,000."; and

(b) by striking out "$5,000" and substituting "$10,000."

33          Section 40 is amended by adding the following after clause (d):

(d.1) respecting the qualifications to be met and the information to be provided by a person applying to obtain or renew a licence, including requiring a criminal record check from a law enforcement agency setting out convictions and outstanding charges against a person, under federal and provincial enactments;

(d.2) respecting the training to be undertaken or the competence to be demonstrated by a person applying to obtain or renew a licence, including the methods of demonstrating competence, the manner of conducting examinations and the qualifications to be met by those providing the training;

PART 7

THE PROCEEDS OF CRIME REGISTRATION ACT

C.C.S.M. c. P142 amended

34          The Proceeds of Crime Registration Act is amended by this Part.

35          The title is replaced with "The Registration of Property Restraint Orders Act".

36          Section 1 is amended

(a) by repealing the definition "proceeds of crime restraint order"; and

(b) by adding the following definition in alphabetical order:

"restraint order" means a restraint order made under one of the following provisions:

(a) section 83.13 or 462.33 of the Criminal Code (Canada),

(b) section 23 of the Controlled Drugs and Substances Act (Canada); (« ordonnance de blocage »)

37          The section heading for section 2 and sections 2, 3 and 4 are amended by striking out "proceeds of crime" wherever it occurs.

38          Section 6 is amended by striking out "P142" and substituting "R48".

PART 8

THE PUBLIC HEALTH ACT

C.C.S.M. c. P210 amended

39          The Public Health Act is amended by this Part.

40          Section 1 is amended

(a) by adding the following definitions in alphabetical order:

"dangerous disease" means Ebola, Lassa fever, plague, smallpox or a disease designated by the minister under section 1.1; (« maladie dangereuse »)

"premises" means lands and structures, or either of them, and any adjacent yards and associated buildings and structures, whether of a portable, temporary or permanent nature, and includes

(a) a body of water,

(b) a motor vehicle or a trailer,

(c) a train or a railway car,

(d) a boat, ship or similar vessel, and

(e) an aircraft; (« lieu »)

"serious health hazard" means

(a) a substance, thing, plant, animal or other organism,

(b) a solid, liquid or gas, or any combination of them, or

(c) a condition or process;

that presents or may present a serious and immediate threat to public health. (« risque sérieux pour la santé » )

(b) in the definition "insanitary condition", by striking out everything after clause (e), and substituting the following:

and includes a nuisance and any circumstance or condition declared to be an insanitary condition by regulation, but does not include a serious health hazard;

41          The following is added after section 1:

Minister may designate dangerous disease

1.1(1)      After consulting with the chief medical officer of health, the minister may, by order, designate a disease as a dangerous disease if the minister considers that due to its highly communicable and virulent nature, the disease presents a serious threat to public health.

Order immediately effective and enforceable

1.1(2)      Notwithstanding The Regulations Act, an order made under subsection (1) is effective and enforceable on the day it is made.

42          The following is added after section 4:

Appointment of chief medical officer of health and deputy

4.1(1)      The minister shall appoint a medical officer of health as the chief medical officer of health, and may appoint a medical officer of health as a deputy chief medical officer of health.

Duties of chief medical officer of health and deputy

4.1(2)      The chief medical officer of health and deputy have all the powers of a medical officer of health, and shall perform the duties and functions that are imposed upon them under this Act or the regulations.

C.M.O.H. may authorize medical practitioner

4.2(1)      Where a threat to public health arises in an area of the province where no medical officer of health is available, the chief medical officer of health may authorize a duly qualified medical practitioner to perform, on a temporary basis, the duties and functions of a medical officer of health in that area.

Medical practitioner has powers of a medical officer of health

4.2(2)      A medical practitioner authorized under subsection (1) has all the powers of a medical officer of health.

43          The following is added after the centred heading "POWERS AND AUTHORITY OF HEALTH OFFICIALS" and before section 12:

General powers of entry and inspection for medical officer of health

11.1(1)     When reasonably required to administer or determine compliance with this Act, the regulations or a municipal by-law relating to health, a medical officer of health may enter and inspect any place or premises, other than a dwelling, at any reasonable time.

Presentation of identification

11.1(2)     In exercising a power under this section, a medical officer of health must, upon request, present his or her certificate or other means of identification prescribed in the regulations.

Entry into dwelling with consent

11.1(3)     Notwithstanding subsection (1), a medical officer of health may enter and inspect a dwelling with the consent of the owner or occupant.

Warrant for entry into dwelling

11.1(4)     On application by a medical officer of health, a justice may at any time issue a warrant authorizing the medical officer of health and any other person named in the warrant to enter and inspect a dwelling, if the justice is satisfied there are reasonable grounds to believe that

(a) entry to the dwelling is necessary for the purpose of administering or determining compliance with this Act, the regulations or a municipal by-law relating to health; and

(b) in respect of the dwelling,

(i) entry has been refused or there are reasonable grounds to believe that entry will be refused,

(ii) the occupant is temporarily absent, or

(iii) the dwelling is unoccupied.

Conditions

11.1(5)     A warrant may be made subject to any conditions that may be specified in it.

Entry into dwelling in exigent circumstances

11.1(6)     A medical officer of health may enter and inspect a dwelling without a warrant if the conditions for obtaining a warrant under subsection (4) exist but, because of exigent circumstances, it would not be practical to obtain a warrant.

Entry into premises in public health emergency

11.1(7)     Where a medical officer of health reasonably believes there is an immediate threat to public health due to a serious health hazard or a dangerous disease, he or she may

(a) enter and inspect any place or premises, including a dwelling, at any time and without a warrant; and

(b) exercise any of his or her powers under this Act and the regulations, for the purpose of preventing, controlling or dealing with the threat.

Entry by public health inspector

11.1(8)      A public health inspector

(a) has the same powers as a medical officer of health under subsections (1), (3) and (4); and

(b) has the same powers as a medical officer of health under subsections (6) and (7) if

(i) a medical officer of health has authorized the public health inspector to exercise the powers, or

(ii) the public health inspector reasonably believes that immediate action is necessary and there is no time to locate a medical officer of health.

Entry by public health nurse

11.1(9)     In relation to a communicable disease or a dangerous disease, a public health nurse

(a) has the same powers as a medical officer of health under subsection (3); and

(b) has the same powers as a medical officer of health under subsections (1), (6) and (7) if

(i) a medical officer of health has authorized the public health nurse to exercise the powers, or

(ii) the public health nurse reasonably believes that immediate action is necessary and there is no time to locate a medical officer of health.

These powers are in addition to the powers that a public health nurse has under clause 14(a).

Assistance to officials

11.1(10)    In exercising a power under this section, a medical officer of health, public health inspector or public health nurse may use such force or obtain such assistance from a peace officer or other person as he or she reasonably considers necessary.

44(1)       Clause 12(a) is repealed.

44(2)       Clause 12(d) is amended by striking out everything after "catch the communicable disease to" and substituting the following:

(i) submit to a medical examination,

(ii) submit to or obtain medical treatment,

(iii) be vaccinated, inoculated or immunized,

(iv) be isolated, quarantined or hospitalized,

(v) conduct himself or herself in such a manner as to not expose another person to infection;

44(3)       Clauses 12(h) and (j) are repealed.

45          The following is added after section 12:

C.M.O.H. may require information

12.1(1)     The chief medical officer of health, or a person designated by the minister, may require any person, organization, government department, government agency or other entity to report information about diseases, the symptoms and incidents of disease, and anything else the chief medical officer of health or designated person considers reasonably necessary to permit an assessment to be made of the threat disease presents to public health.

Personal information

12.1(2)     The information required under subsection (1) may include personal information and personal health information.

Duty to provide information

12.1(3)     Any one required to provide information under subsection (1) shall do so.

Sharing information with other bodies

12.2(1)     For the purpose of preventing, controlling or dealing with a threat to public health, the minister, a person designated by the minister or the chief medical officer of health may provide information to and obtain information from any of the following:

(a) a government department or government agency;

(b) a municipality, local government district, school division or school district established under The Public Schools Act, regional health authority or other local authority established by or under an enactment;

(c) a band as defined in the Indian Act (Canada);

(d)  a department or agency of the government of Canada or of another province or territory of Canada, or the government or agency of the government of a foreign country or of a state, province or territory of a foreign country.

Personal information

12.2(2)     The information referred to in subsection (1) may include personal information, personal health information and proprietary or confidential business information.

46          Clauses 13(a), (b) and (d) are repealed.

47          Clause 14(b) is repealed.

48          The following is added after section 16:

Order may contain terms and conditions

16.1        An order under this Act or the regulations may contain terms and conditions.

49(1)       Subsection 19(1) is amended

(a) by adding "or" at the end of clause (g);

(b) by adding the following after clause (g):

(g.1) to conduct himself or herself in such a manner as not to expose another person to infection;

(c) in the part before clause (h), by striking out "information to be" and substituting "information to pose a threat to public health because he or she is".

49(2)       The following is added after subsection 19(4):

Duty to inform

19(4.1)     A peace officer who apprehends a person under this section shall promptly inform the person as to

(a) where the person is being taken;

(b) why the person is being apprehended; and

(c) the person's right to retain and instruct counsel.

49(3)       Subsection 19(5) is amended by striking out "until the question of the allegation against the person is determined" and substituting "until a hearing is held and a determination made under this section".

49(4)       Subsection 19(7) is replaced with the following:

Criteria for making an order

19(7)       After a hearing, the justice may make an order described in subsection (8) if he or she is satisfied that

(a) the person named in the information has failed to comply with an order or requirement mentioned in clauses 19(1)(a) to (g.1); and

(b) the person poses a threat to public health because he or she is suffering from a communicable disease, has been exposed to a communicable disease, or has been in contact with a person who has a communicable disease.

Order

19(8)       Subject to section 32 (objection on grounds of religious or other belief), an order under subsection (7) may require a person to

(a) submit to a medical examination;

(b) submit to or obtain medical treatment;

(c) be vaccinated, inoculated or immunized;

(d) be isolated, quarantined or hospitalized;

(e) conduct himself or herself in such a manner as not to expose another person to infection;

(f) be detained in a place named in the order for any purpose mentioned in clauses (a) to (e).

Detention

19(9)       An order of detention under clause (8)(f) is authority to detain the person named in the order for any purpose specified in the order for no more than 90 days.

Release

19(10)      A medical officer of health shall keep informed about the condition of a detained person, and shall issue a certificate authorizing the person's release as soon as the medical officer is of the opinion that release would not present a threat to public health.

Queen's Bench order required to detain further

19(11)      If, during a period of detention ordered under clause (8)(f), a medical officer of health believes on reasonable grounds that the period should be extended because release of the person would present a threat to public health, he or she may apply to the Court of Queen's Bench for an order extending the period of detention for any purpose under subsection (8) for no more than 90 additional days.

Order

19(12)      The Court may make an order extending the period of detention if it is satisfied that release of the person would present a threat to public health.

Additional applications

19(13)      A medical officer of health may make additional applications to extend the period of detention under subsection (11), and the Court may extend the period for further periods of no more than 90 days each.

Minimum period only

19(14)      A period of detention ordered under this section must, in the opinion of the person making the order, be no longer than required to protect public health.

50          The following is added after section 22:

PUBLIC HEALTH EMERGENCIES

Inspection Powers

Inspection powers of medical officer of health

22.1(1)     In addition to the powers under sections 11.1 and 12 and the regulations, when reasonably required to administer or determine compliance with this Act or the regulations in relation to a serious health hazard or a dangerous disease, a medical officer of health may

(a) make any inspection, investigation, examination, test, analysis or inquiry that he or she considers necessary;

(b) detain or cause to be detained any motor vehicle, trailer, train, railway car, aircraft, boat, ship or similar vessel;

(c) require any substance, thing, solid, liquid, gas, plant, animal or other organism to be produced for inspection, examination, testing or analysis;

(d) seize or take samples of any substance, thing, solid, liquid, gas, plant, animal or other organism;

(e) require any person to

(i) provide information, including personal information, personal health information or proprietary or confidential business information, and

(ii) produce any document or record, including a document or record containing personal information, personal health information or proprietary or confidential business information, and the medical officer of health may examine or copy it, or take it to copy or retain as evidence;

(f) take photographs or videotapes of a place or premises, or any condition, process, substance, thing, solid, liquid, gas, plant, animal or other organism located at or in it; or

(g) do any of the following:

(i) bring any machinery, equipment or other thing into or onto a place or premises,

(ii) use any machinery, equipment or other thing located at or in a place or premises,

(iii) require that any machinery, equipment or other thing be operated, used or dismantled under specified conditions,

(iv) make or cause an excavation to be carried out.

Powers of public health inspector

22.1(2)     A public health inspector has the same powers as a medical officer of health under subsection (1), except the power to require the production of personal health information or a document or record containing personal health information.  These powers are in addition to the powers that a public health inspector has under sections 11.1 and 13 and the regulations.

Powers of public health nurse re dangerous disease

22.1(3)     A public health nurse has the same powers as a medical officer of health under subsection (1) in relation to dangerous diseases, if authorized to exercise them by a medical officer of health either verbally or in writing.  These powers are in addition to the powers that a public health nurse has under sections 11.1 and 14 and the regulations.

Assistance to officials

22.1(4)     A medical officer of health, public health inspector or public health nurse exercising a power under subsection (1) may be accompanied by any other person he or she considers necessary, and the other person may exercise any of the powers under subsection (1), as directed by the medical officer of health, public health inspector or public health nurse.

Assistance of owner or occupant

22.1(5)     The owner, occupant or person in charge of a place or premises, and any other person found there, shall

(a) give a person exercising a power under subsection (1) all reasonable assistance to enable the person to carry out his or her duties; and

(b) provide the person with any information reasonably required.

Serious Health Hazards

Order re serious health hazard

22.2(1)     A medical officer of health may make an order under this section if he or she reasonably believes that

(a) a serious health hazard exists or may exist; and

(b) an order is necessary to prevent, remedy, mitigate or otherwise deal with the serious health hazard.

To whom order may be directed

22.2(2)     An order under this section may be directed to one or more of the following persons:

(a) an owner, occupant or person who appears to be in charge of a place or premises;

(b) a person who is, or appears to be, in charge of a substance, thing, solid, liquid, gas, plant, animal or other organism;

(c) a person who is engaged in or carries out an enterprise, activity or process;

(d) any other person or category of persons specified in the regulations.

Requirements of an order

22.2(3)     An order under this section may require the person to whom it is directed to do anything, or refrain from doing anything, that the medical officer of health reasonably considers necessary to prevent, remedy, mitigate or otherwise deal with the serious health hazard, including the following:

(a) investigate the situation, or undertake tests, examination, analysis, monitoring or recording, and provide the medical officer of health with any information the medical officer of health requires;

(b) isolate, hold or contain a substance, thing, solid, liquid, gas, plant, animal or other organism specified in the order;

(c) remove a substance, thing, solid, liquid, gas, plant, animal or other organism specified in the order;

(d) destroy a substance, thing, solid, liquid, gas, plant, animal or other organism specified in the order, or otherwise dispose of it;

(e) require a place, premises, or part of a place or premises to be vacated;

(f) prohibit entry to or restrict use of a place, premises, or part of a place or premises;

(g) construct, excavate, install, modify, replace, remove, reconstruct or do any other work in relation to a place or premises, or to a thing specified in the order;

(h) clean or disinfect a place or premises, part of a place or premises, or a thing specified in the order;

(i) refrain from manufacturing, processing, preparing, storing, handling, displaying, transporting, selling, or offering for sale or distribution any substance, thing, solid, liquid, gas, plant, animal or other organism;

(j) refrain from using any place or premises, or any substance, thing, solid, liquid, gas, plant, animal or other organism, or restrict its use.

Placarding

22.2(4)     Upon making an order under this section, the medical officer of health may cause a place, premises or other area to be placarded to give public notice of the order.

Placard must not be concealed, altered, etc.

22.2(5)     No person shall conceal, alter, deface or remove a placard that has been placed or posted under subsection (4).

Order may specify deadline

22.2(6)     An order under this section may specify the time within which or the date by which the person or persons to whom it is directed must comply with the order.

Person need not be named

22.2(7)     An order under this section is not invalid for the sole reason that a person to whom it is directed is not named but is merely described.

Service of order

22.2(8)     An order under this section is validly served

(a) when it is served personally upon the person to whom it is directed, or, in the case of a corporation, upon an agent, director, officer or employee of the corporation; or

(b) if personal service is not reasonable or possible in the circumstances,

(i) when it is posted in a visible location on or at a place or premises, where the order relates to that place or premises, or

(ii) where the order does not relate to a place or premises, when it is posted in a visible location at a place the medical officer of health reasonably believes is frequented by the person to whom the order is directed.

Order must be complied with

22.2(9)     A person to whom an order is directed under this section shall comply with the order.

Order of a public health inspector

22.3(1)     A public health inspector has the same power as a medical officer of health to make an order under section 22.2 if he or she reasonably believes that

(a) a serious health hazard exists or may exist, and that an order is necessary to prevent, remedy, mitigate or otherwise deal with the serious health hazard; and

(b) in the time necessary for a medical officer of health to make an order, a serious health hazard could arise or an existing serious health hazard could worsen.

Notice to medical officer of health

22.3(2)     A public health inspector who makes an order under subsection (1) must notify a medical officer of health of the circumstances of the order as soon as is practicable.

Order expires unless extended

22.3(3)     An order under subsection (1) expires 72 hours after it is made, unless it is extended under subsection (4).

Medical officer of health may extend, revoke or amend order

22.3(4)     A medical officer of health may

(a) extend an order made under subsection (1) for any additional period he or she reasonably believes necessary; or

(b) revoke or amend an order made under subsection (1), to the extent that it has not yet been carried out.

Medical officer of health may carry out order

22.4(1)     If a person to whom an order is directed under section 22.2 or 22.3 fails to comply with it, the medical officer of health may

(a) take whatever action he or she considers necessary to carry out the terms of the order; and

(b) order the person who failed to comply to pay the costs of taking that action.

Subsequent order to pay costs

22.4(2)     If, after the medical officer of health takes action to carry out the terms of an order, he or she ascertains the identity of a person to whom an order could have been directed under section 22.2 or 22.3, the medical officer of health may order that person to pay the costs of taking the action.

Enforcement of order

22.4(3)     An order to pay costs under subsection (1) or (2) may be filed with the Court of Queen's Bench and enforced as if it were an order of the Court in favour of Her Majesty in right of Manitoba.

Immediate action by medical officer of health

22.5(1)     Notwithstanding any other provision of this Act, a medical officer of health may take any action under subsection 22.2(3) if he or she reasonably believes that in the time necessary to make an order under section 22.2, or allow for compliance, a serious health hazard could arise or an existing serious health hazard could worsen.

Immediate action by public health inspector

22.5(2)     A public health inspector has the same power as a medical officer of health under subsection (1) if he or she reasonably believes that in the time necessary for a medical officer of health to take action, a serious health hazard could arise or an existing serious health hazard could worsen.

Minimum action

22.5(3)     Any action taken under this section must be the minimum action that the person taking it reasonably believes necessary to deal with the serious health hazard and protect public health.

Notice to medical officer of health

22.5(4)     A public health inspector who takes action under subsection (2) must notify a medical officer of health as to the action taken as soon as is practicable.

Subsequent order to pay costs

22.5(5)     After any action is taken under subsection (1) or (2), a medical officer of health may order any person to whom an order could have been directed under section 22.2 or 22.3 to pay the costs of taking the action.

Enforcement of order

22.5(6)     An order to pay costs under subsection (5) may be filed with the Court of Queen's Bench and enforced as if it were an order of the Court in favour of Her Majesty in right of Manitoba.

Appeal of order to pay costs

22.6(1)     A person to whom an order to pay costs has been directed under subsection 22.4(1), 22.4(2) or 22.5(5) may appeal the order to the Court of Queen's Bench, but only with respect to the amount of costs subject to recovery by Her Majesty in right of Manitoba.

Court's power on appeal

22.6(2)     On hearing an appeal, the Court of Queen's Bench may

(a) confirm or vary the amount of costs that may be recovered by Her Majesty in right of Manitoba; or

(b) refer the issue of the amount of costs back to the medical officer of health for further consideration, in accordance with any direction of the Court.

Dangerous Diseases

Emergency apprehension by medical officer of health

22.7(1)     A medical officer of health may make an order in the terms specified in subsection (3) in respect of a person who has failed to comply with an order or requirement under this Act or the regulations requiring the person to

(a) submit to a medical examination;

(b) submit to or obtain medical treatment;

(c) be vaccinated, inoculated or immunized;

(d) be isolated, quarantined or hospitalized;

(e) conduct himself or herself in such a manner as not to expose another person to infection.

Conditions for order to apprehend

22.7(2)     A medical officer of health may issue an order under this section notwithstanding section 19, but only if

(a) the order that the person has not complied with relates to a dangerous disease; and

(b) the medical officer of health believes on reasonable grounds that, if not detained, the person will pose a significant and immediate threat to public health.

Content of order

22.7(3)     An order under this section may require the person in respect of whom it is made to

(a) be apprehended and be delivered to and detained in a place named in the order;

(b) be medically examined to determine whether or not the person is infected with an agent of a dangerous disease;

(c) be isolated, quarantined or hospitalized; and

(d) if found on examination to be infected, be treated for the disease, which may include vaccination, inoculation or immunization.

Objection

22.7(4)     An order under clause (3)(d) is subject to section 32 (objection on grounds of religious or other belief).

Place of detention

22.7(5)     An order under this section is authority for any person to locate and apprehend the person who is the subject of the order and to deliver the person to the place named in the order.

Peace officer

22.7(6)     An order under this section may be directed to any or all peace officers in Manitoba, who shall do all things that can reasonably be done to locate, apprehend and deliver the person in accordance with the order.

Duty to inform

22.7(7)     A peace officer who apprehends a person under this section shall promptly inform the person as to

(a) where the person is being taken;

(b) why the person is being apprehended and detained; and

(c) the person's right to retain and instruct counsel.

Detention for 72 hours only

22.7(8)      An order under this section is authority to detain the person named in the order for any purpose specified in the order for no more than 72 hours.

Hearing required to continue detention

22.8(1)     As soon as practicable, but no later than 72 hours after a person is apprehended under section 22.7, a medical officer of health shall apply to a justice for a decision as to whether continued detention of the person is justified.

Urgent basis

22.8(2)     On receiving an application, the justice shall hold a hearing on an urgent basis.

Person may be absent

22.8(3)     If the justice considers it necessary to protect public health, a hearing may take place in the absence of the person named in the application, but only if that person can participate in the hearing by telephone or teleconference or similar means.

Decision to release or detain further

22.8(4)     On hearing an application, the justice shall order

(a) that the person be released, if the justice is satisfied that release would not present a threat to public health; or

(b) that the period of detention be extended for any purpose under subsection 22.7(3) for no more than 90 days, if the justice is satisfied that release would present a threat to public health.

Release

22.8(5)     A medical officer of health shall keep informed about the condition of a detained person, and shall issue a certificate authorizing the person's release as soon as the medical officer is of the opinion that release would not present a threat to public health.

Queen's Bench order required to detain further

22.9(1)     If, during a period of further detention ordered under subsection 22.8(4), the medical officer of health believes on reasonable grounds that the period should be extended because release would present a threat to public health, he or she may apply to the Court of Queen's Bench for an order extending the period of detention for any purpose under subsection 22.7(3) for no more than 90 additional days.

Order

22.9(2)     The Court may make an order extending the period of detention if it is satisfied that release of the person would present a threat to public health.

Additional applications

22.9(3)     A medical officer of health may make additional applications to extend the period of detention under subsection (1), and the Court may extend the period for further periods of no more than 90 days each.

Detention continues until hearing concludes

22.10       When a medical officer of health applies for an order under section 22.8 or 22.9, the detained person shall remain in detention until the hearing is concluded, even if the hearing concludes after the current period of detention would otherwise end.

Minimum period only

22.11        A period of detention ordered under section 22.8 or 22.9 must, in the opinion of the person making the order, be no longer than required to protect public health.

General Provisions re Public Health Emergencies

Order of the chief medical officer of health

22.12       The chief medical officer of health may, by order, revoke or amend an order made under this Act or the regulations by a medical officer of health, public health inspector or public health nurse with respect to a serious health hazard or a dangerous disease, to the extent that it has not yet been carried out.

Verbal order

22.13(1)    If a medical officer of health or a public health inspector reasonably believes that in the time necessary to issue a written order a serious and immediate threat to public health could arise or an existing threat worsen, he or she may issue a verbal order under this Act or the regulations relating to a serious health hazard or a dangerous disease.  If a verbal order is issued, a medical officer of health must confirm the order in writing within 72 hours, or within such other period as is reasonable in the circumstances.

Notice to medical officer of health

22.13(2)    A public health inspector who issues an order under subsection (1) must notify a medical officer of health of the circumstances of the order as soon as is practicable.

Sections 17, 18, 20 and 21 do not apply

22.14       Sections 17, 18, 20 and 21 do not apply to or in respect of a serious health hazard or a dangerous disease.

Offences

22.15(1)    A person who contravenes subsection 22.2(9) (failure to comply with serious health hazard order) is guilty of an offence and is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $100,000. or imprisonment for a term of not more than one year, or both; and

(b) in the case of a corporation, to a fine of not more than $500,000.

Officers and directors of corporations

22.15(2)    If a corporation commits an offence under subsection 22.2(9) (failure to comply with serious health hazard order), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to the penalties described in clause (1)(a), whether or not the corporation has been prosecuted or convicted.

51(1)       Clause 28(hh) is amended by adding "contaminated," before "diseased".

51(2)       Section 28 is amended by adding the following after clause (oo):

(pp) respecting the recall of food, including record-keeping requirements relating to the distribution of food;

(qq) respecting the testing of livestock and poultry for chemical residues, diseases or other conditions detrimental to public health;

(rr) for the purpose of clause 22.2(2)(d) (serious health hazard order), specifying persons or categories of persons to whom an order may be directed;

(ss) respecting orders that may be made by a public health nurse in relation to a dangerous disease, other than an order for emergency apprehension under section 22.7.

52          The following is added after section 28:

Ministerial regulations

28.1        The minister may make regulations respecting the procurement, distribution and availability of drugs, medical supplies, anti-toxins, vaccines, sera, immunizing agents and other pharmaceutical goods, to ensure their availability to the public in an emergency.

53          Subsection 33(1) is amended by striking out "A person" and substituting "Subject to section 22.15, a person".

54          The following is added after section 38:

Protection from liability

38.1        No action for damages or other proceeding lies or may be brought personally against any person acting under the authority of, or engaged in the administration or enforcement of, this Act or the regulations

(a) for anything done or omitted in good faith in the performance or exercise, or intended performance or exercise, of a duty or power under this Act or the regulations; or

(b) for any neglect or default in the performance or exercise, or intended performance or exercise, in good faith of a duty or power under this Act or the regulations.

PART 9

THE VITAL STATISTICS ACT

C.C.S.M. c. V60 amended

55          The Vital Statistics Act is amended by this Part.

56          Subsection 41(3) is amended

(a) by adding "wilfully" before "violates"; and

(b)  by striking out "$200." and substituting "$50,000.".

57          Subsection 44(1) is amended by striking out "$100." and substituting "$10,000.".

58          The following is added after section 45:

False information

45.1(1)     Every person who wilfully makes or causes to be made a false or misleading statement in any application, registration, statement, certificate, return or other document respecting any particulars required to be furnished under this Act is guilty of an offence and is liable on summary conviction to a fine not exceeding $50,000. or imprisonment for a term of not more than one year, or both.

False information re registration in Manitoba

45.1(2)     Every person who wilfully makes or causes to be made a registration of a birth, marriage, death or stillbirth as having occurred in Manitoba in respect of any person whose birth, marriage, death or stillbirth did not occur in Manitoba is guilty of an offence and is liable on summary conviction to a fine not exceeding $50,000. or imprisonment for a term of not more than one year, or both.

False documents

45.2(1)     No person shall

(a) wilfully use or possess a false, fictitious or altered certificate, certified copy or other document purporting to be issued under this Act or a certificate, certified copy or other document that has been cancelled by the director; or

(b) for any unlawful or improper purpose,

(i) use or possess a certificate, certified copy or other document issued under this Act that relates to another person, or

(ii) with respect to a certificate, certified copy or other document issued under this Act that relates to him or her, permit another person to use or possess that certificate, certified copy or other document.

Penalty

45.2(2)     A person who violates a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding $50,000. or imprisonment for a term of not more than one year, or both.

59          Section 46 is amended by striking out "$100." and substituting "$10,000.".

60(1)       Clause 48(f) is amended by adding "including personal information and personal health information" after "information".

60(2)       Section 48 is amended by adding the following after clause (f):

(f.1) respecting the sharing of information, including personal information and personal health information, for the purpose of ensuring that documents issued or information obtained or maintained under this Act or under similar legislation of other jurisdictions are not used for an unlawful or improper purpose;

PART 10

REVIEW AND COMING INTO FORCE

Review of this Act

61          Before November 1, 2003, each minister responsible for an Act amended by this Act shall report on the effectiveness and the cost to government of the amendments to a standing committee of the Legislative Assembly designated or established for the purpose.  The committee shall review the various reports and report to the Assembly.

Coming into force

62          This Act comes into force on the day it receives royal assent.