S.M. 2006, c. 14
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| PART 1
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| INTRODUCTORY PROVISIONS
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| 1(1)
| Definitions
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| (2)
| Reference to "Act" includes regulations
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| 2
| Purpose of Act
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| 3
| Limit on restricting rights and freedoms
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| PART 2
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| PUBLIC HEALTH OFFICIALS AND
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| REGIONAL HEALTH AUTHORITIES
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| MINISTER AND REGIONAL HEALTH AUTHORITIES
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| 4(1)
| Minister's authority
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| (2)
| Minister's powers
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| 5(1)
| Minister may designate person to investigate
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| (2)
| Powers of investigator
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| 6
| Responsibility of regional health authorities
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| 7
| Minister may give directions to RHA
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| 8
| Minister may provide public health services
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| 9
| Delegation by minister
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| CHIEF PUBLIC HEALTH OFFICER
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| 10
| Appointment of chief provincial public health officer
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| 11(1)
| Advisory role of the chief public health officer
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| (2)
| Powers of chief public health officer
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| (3)
| Other powers
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| 12
| Acting status: chief public health officer
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| 13(1)
| Delegation by chief public health officer
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| (2)
| Powers that may not be delegated
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| (3)
| Form of delegation
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| 14(1)
| Report on health status of Manitobans
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| (2)
| Other reports
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| 15(1)
| Reports on apprehensions and detentions
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| (2)
| When report to be given to minister
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| 16
| Tabling reports in Assembly
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| OFFICIALS
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| 17(1)
| Appointing directors
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| (2)
| Powers of director
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| 18(1)
| Appointing medical officers of health
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| (2)
| Medical officer of health must be a physician
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| 19(1)
| Chief public health officer may authorize physician
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| (2)
| Physician has powers of a medical officer
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| 20
| Appointing public health inspectors, health officers and public health nurses
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| 21(1)
| Agreement re municipal by-laws
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| (2)
| Enforcement of municipal licences, etc.
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| (3)
| By-law powers and remedies available
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| PART 3
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| COMMUNITY HEALTH PROTECTION
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| PUBLIC HEALTH ADVISORIES
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| 22(1)
| Public health advisory affecting one health region
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| (2)
| Publicizing a public health advisory
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| 23
| Advisory affecting two or more health regions
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| HEALTH HAZARD ORDERS
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| 24(1)
| Health hazard order — medical officer
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| (2)
| Health hazard order — inspector or health officer
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| 25
| To whom order may be directed
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| 26(1)
| Content of order
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| (2)
| Limit on inspector's power re dwellings
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| (3)
| Limit on health officer's power re dwellings
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| (4)
| Order to close place or premises
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| (5)
| Placarding
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| (6)
| Placard must not be concealed, altered, etc.
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| 27
| Order may relate to a disease
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| 28(1)
| Medical officer may carry out order or seek assistance
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| (2)
| Order to pay costs
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| (3)
| Enforcement of order
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| (4)
| Cost recovery by municipality
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| 29(1)
| Appeal of a health hazard order
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| (2)
| Time for filing and serving
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| (3)
| No stay of order
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| (4)
| Person who made the order is party to appeal
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| (5)
| Appeal heard as a new matter
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| (6)
| Court's powers on appeal
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| SEIZURE AND DESTRUCTION OF HAZARDOUS THINGS
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| 30(1)
| Seizure of hazardous things
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| (2)
| Right to reclaim if no hazard
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| (3)
| Unclaimed things
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| (4)
| Destruction or disposition of hazardous things
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| (5)
| Cost of examination or testing
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| (6)
| Enforcement of order
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| 31(1)
| Appeal of seizure
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| (2)
| Time for filing and serving
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| (3)
| Person who made the seizure is a party to appeal
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| (4)
| Appeal heard as a new matter
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| (5)
| Court's powers on appeal
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| 32(1)
| Food as a health hazard
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| (2)
| No appeal of seizure
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| HEALTH HAZARD EMERGENCIES
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| 33
| Health hazard emergency — serious and immediate threat
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| 34(1)
| Emergency health hazard order
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| (2)
| Emergency health hazard order (inspector)
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| (3)
| Notice to medical officer
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| (4)
| Order expires unless extended
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| (5)
| Medical officer may extend, revoke or amend inspector's order
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| (6)
| No appeal of emergency health hazard order
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| 35(1)
| Emergency action by medical officer
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| (2)
| Emergency action by inspector
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| (3)
| Inspector's power to order vacating of a dwelling
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| (4)
| Notice to medical officer
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| (5)
| Minimum action
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| (6)
| Medical officer or inspector may seek assistance
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| 36(1)
| Order to pay costs
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| (2)
| Enforcement of order to pay costs
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| (3)
| Cost recovery by municipality
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| 37
| Peace officer to assist
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| APPEAL OF ORDER TO PAY COSTS
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| 38(1)
| Appeal of order to pay costs
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| (2)
| Court's power on appeal
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| REPORTING HEALTH HAZARDS
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| 39
| Duty to report health hazards
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| 40(1)
| Any person may report suspected health hazard
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| (2)
| Infection control practices as a "health hazard"
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| (3)
| If information personal or confidential
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| PART 4
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| DISEASE CONTROL
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| DIVISION 1
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| REPORTING REQUIREMENTS FOR
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| DISEASES
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| 41(1)
| Reporting of reportable disease: health professional
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| (2)
| Reporting of reportable disease: laboratory
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| (3)
| Reporting of zoonotic disease in animals: veterinarian
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| (4)
| Reporting of zoonotic disease: laboratory
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| (5)
| Definitions
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| 42(1)
| Reporting when treatment refused
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| (2)
| Details of report
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| (3)
| Reporting non-compliance with order
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| DIVISION 2
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| COMMUNICABLE DISEASE ORDERS
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| ORDER TO INDIVIDUALS
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| 43(1)
| Communicable disease order
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| (2)
| Content of order
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| (3)
| Additional content of order
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| (4)
| Person may object to treatment or immunization
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| (5)
| Duty of hospital or facility
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| (6)
| Placarding of quarantined place
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| (7)
| Order re contact with health professional, hospital
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| ORDER TO PROFESSIONALS AND FACILITIES
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| 44
| Order to physician, etc. to comply with treatment protocol
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| 45(1)
| Order to minimize transmission risk in hospital, etc.
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| (2)
| Order to improve infection control practices
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| 46(1)
| Examinations of persons in schools, etc.
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| (2)
| Consent not required
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| DIVISION 3
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| APPREHENSION, DETENTION,
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| EXAMINATION AND TREATMENT
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| COURT ORDER TO APPREHEND A PERSON
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| 47(1)
| Application for order to apprehend
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| (2)
| Grounds
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| (3)
| Application may be made without notice
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| (4)
| Justice may make apprehension order
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| (5)
| Order directed to peace officer
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| (6)
| Duty of peace officer
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| (7)
| Duty to inform
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| HEARING
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| 48(1)
| Action on apprehension
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| (2)
| Hearing
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| (3)
| Person may be absent
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| ORDER OF JUSTICE TO EXAMINE, TREAT AND DETAIN
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| 49(1)
| When justice may make order
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| (2)
| Content of order
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| (3)
| Person may object to treatment or immunization
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| (4)
| Hospital must admit
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| (5)
| Detention for 90 days
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| (6)
| Release
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| (7)
| Termination of order
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| 50(1)
| Court order required to detain further
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| (2)
| Extension
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| (3)
| Additional extensions
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| 51
| Detention continues until decision is made
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| 52
| Minimum period only
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| EMERGENCY DETENTION ORDER BY MEDICAL OFFICER
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| 53(1)
| Emergency detention order for virulent disease
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| (2)
| Refusal to provide identifying information
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| (3)
| Content of order
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| (4)
| Order directed to peace officer
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| (5)
| Duty of peace officer
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| (6)
| Duty to inform
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| (7)
| Hospital must admit
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| (8)
| Detention for 72 hours only
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| 54(1)
| Hearing and order
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| (2)
| Urgent basis
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| (3)
| Detention continues until decision is made
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| 55
| Report on apprehension
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| DIVISION 4
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| IMMUNIZATION
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| 56
| Definitions
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| 57(1)
| Consent required
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| (2)
| Duty to inform patients
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| (3)
| Adult patient not competent to consent
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| (4)
| If patient is a child
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| 58
| Previous adverse reaction after immunization
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| 59
| Duty to report reaction
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| PART 5
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| TEMPORARY DETENTION
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| DETENTION FOR IDENTIFICATION
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| 60(1)
| Temporary detention for identification
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| (2)
| Order to apprehend and detain
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| (3)
| Order directed to peace officer
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| (4)
| Duty of peace officer
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| (5)
| Duty to inform
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| (6)
| Duration of order
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| 61(1)
| Application for continued detention
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| (2)
| Urgent basis
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| (3)
| Detention continues until decision is made
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| (4)
| Person may be absent
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| (5)
| When justice may make order
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| (6)
| Content of order
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| 62(1)
| Release
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| (2)
| Termination of order
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| DETENTION FOR DECONTAMINATION
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| 63(1)
| Temporary detention for decontamination
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| (2)
| Content of order
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| (3)
| Minimum action
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| (4)
| Action by peace officers and other persons
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| (5)
| Duty to inform
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| (6)
| Duration of order
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| 64(1)
| Application for further action
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| (2)
| Information given to detained person
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| (3)
| Application within 72 hours
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| (4)
| Urgent basis
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| (5)
| Order in effect until decision is made
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| (6)
| Person may be absent
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| (7)
| When justice may make order
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| (8)
| Content of order
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| (9)
| Person may object to treatment or immunization
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| (10)
| Court order required to detain further
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| 65(1)
| Release
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| (2)
| Termination of order
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| REPORTING TEMPORARY DETENTION
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| 66
| Report on detention order
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| PART 6
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| PUBLIC HEALTH EMERGENCY
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| 67(1)
| Public health emergency
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| (2)
| Special measures
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| (3)
| Minister's approval required
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| (4)
| Person may object to immunization
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| 68
| Limited delegation of authority
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| 69(1)
| Temporary isolation or quarantine facility
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| (2)
| Court order
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| (3)
| Order may be made without notice
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| 70(1)
| Compensation re isolation or quarantine facility
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| (2)
| How compensation determined
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| PART 7
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| INTOXICATING SUBSTANCES
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| 71
| Definitions
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| 72(1)
| Seizure of intoxicating substances
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| (2)
| Seizure of paraphernalia
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| (3)
| Search re intoxicating substances and paraphernalia
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| 73(1)
| Seizure on site
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| (2)
| Responsibilities of agent
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| 74(1)
| Justice to hold hearing
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| (2)
| Notice of show cause hearing
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| (3)
| How notice given
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| (4)
| Service of notice dispensed with
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| (5)
| Formal rules of evidence not to apply
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| (6)
| Order
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| (7)
| Order is final
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| 75
| No compensation
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| 76(1)
| Evidence of nature of substance
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| (2)
| Proof by analysis
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| PART 8
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| INFORMATION GATHERING AND SHARING
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| AND HEALTH SURVEILLANCE
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| DEFINITIONS
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| 77
| Definitions
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| REQUIREMENT TO PROVIDE INFORMATION ABOUT PUBLIC HEALTH THREATS
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| 78(1)
| Information about public health threat
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| (2)
| Officials authorized to collect information
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| 79
| Duty to provide information
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| INFORMATION SHARING
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| 80
| Information sharing: minister and chief public health officer
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| 81
| Information sharing: medical officers, etc.
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| HEALTH SURVEILLANCE
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| 82(1)
| Health surveillance system
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| (2)
| Registries of information
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| (3)
| Trustee may be designated to maintain a registry
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| (4)
| Collecting, etc. information for system
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| PART 9
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| COMPLIANCE
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| ENTRY AND INSPECTION
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| 83(1)
| General powers of entry and inspection for medical officer
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| (2)
| Entry into dwelling with consent
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| (3)
| Warrant for entry into dwelling
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| (4)
| Abandoned building not a dwelling
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| (5)
| Conditions
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| (6)
| Entry into premises in public health emergency
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| (7)
| Entry by inspector, health officer
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| (8)
| Entry by public health nurse
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| 84
| Assistance to officials
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| 85(1)
| Warrant for search and seizure
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| (2)
| Application without notice
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| (3)
| Securing evidence
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| ADDITIONAL INSPECTION POWERS
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| 86(1)
| Inspection powers of medical officer
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| (2)
| Additional powers re serious and immediate threat
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| (3)
| Powers of inspector, health officer
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| (4)
| Powers of public health nurse
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| (5)
| Assistance to officials
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| (6)
| Assistance of owner or occupant
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| IDENTIFICATION, RECORDS AND EVIDENCE
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| 87
| Identification to be shown
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| 88(1)
| Use of data processing system and copying equipment
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| (2)
| Removal of records, etc. to make copies
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| 89
| Copies as evidence
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| OFFENCES AND PENALTIES
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| 90(1)
| Offences
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| (2)
| Continuing offence
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| (3)
| Directors and officers of corporations
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| (4)
| Penalties
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| (5)
| Penalties for corporations
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| (6)
| Time limit for prosecution
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| COURT ORDERS TO PROHIBIT OR REQUIRE ACTIONS
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| 91(1)
| Court order where order or direction contravened
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| (2)
| Court order where Act contravened
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| (3)
| Terms and conditions
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| PART 10
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| DISINTERMENT
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| 92(1)
| Order for disinterment
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| (2)
| Granting of order
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| 93(1)
| Authority to cemetery owner, etc.
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| (2)
| Body must be disposed of as ordered
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| 94
| Permit for re-burial
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| 95
| Proceedings under Fatality Inquiries Act
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| PART 11
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| GENERAL PROVISIONS
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| RIGHTS
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| 96(1)
| Duty to inform re right to counsel
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| (2)
| Detention of brief duration
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| (3)
| Right to contact counsel may be delayed if public health threat
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| 97
| No treatment or immunization if person objects
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| PROVISIONS APPLICABLE TO ORDERS AND DIRECTIONS
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| 98(1)
| Person need not be named
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| (2)
| Directed to one or more persons or to a class of persons
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| (3)
| Terms and conditions
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| (4)
| Deadline
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| 99
| Order or direction must be complied with
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| ORAL ORDERS
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| 100(1)
| Oral orders — medical officer
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| (2)
| Oral orders — inspector
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| (3)
| Notice to medical officer
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| (4)
| Confirming the order in writing
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| SERVICE OF ORDERS
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| 101(1)
| To whom order must be given
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| (2)
| Order given personally or by mail
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| (3)
| Service on large number of persons
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| REPORTING AND INFORMATION
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| 102
| Duty to report is in addition to other duties
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| 103(1)
| Duty to provide information
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| (2)
| If information subject to solicitor-client privilege
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| (3)
| Limits re personal and personal health information
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| PROTECTION OF PERSONS WHO REPORT
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| 104
| No retaliation
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| 105
| Persons reporting protected from liability
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| LIABILITY PROTECTION
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| 106(1)
| Protection from liability
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| (2)
| Protection for person providing assistance
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| MISCELLANEOUS
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| 107
| Reasonable force may be used
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| 108
| Action under one provision not a bar to other action
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| 109(1)
| Supply of drugs, medical supplies, etc.
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| (2)
| Selling drugs, medical supplies, etc.
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| 110(1)
| Certificate of analyst admissible
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| (2)
| Service of certificate or report on other parties
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| 111
| Act binds the Crown
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| PART 12
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| REGULATIONS
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| 112(1)
| Regulations
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| (2)
| Ministerial regulations
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| (3)
| Adopting codes and standards
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| (4)
| Regulation may apply part of province, classes of persons
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| PART 13
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| CONSEQUENTIAL AMENDMENTS
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| 113(1)
| Consequential amendments, S.M. 2002, c. 39
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| (2)
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| (3)
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| 108(1)
| Agreement to enforce by-law under The Public Health Act
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| (2)
| Medical officer of health's powers to enforce this Act
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| (4)
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| 114
| Consequential amendment, C.C.S.M. c. P130
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| 115
| Consequential amendment, C.C.S.M. c. P250
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| (2)
| Exclusion from school
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| 116(1)
| Consequential amendments, C.C.S.M. c. R34
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| (2)
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| (3)
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| 117
| Consequential amendment, C.C.S.M. c. S165
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| PART 14
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| TRANSITION, REPEAL,
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| C.C.S.M. REFERENCE
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| AND COMING INTO FORCE
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| 118
| "Former Act" defined
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| 119
| Officials deemed to continue under this Act
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| 120
| Licences, permits, approvals etc. deemed to continue
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| 121
| Regulations made under former Act
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| 122
| Repeal
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| 123
| C.C.S.M. reference
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| 124
| Coming into force
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