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S.M. 2006, c. 14: Table of Contents

S.M. 2006, c. 14

Bill 21, 4th Session, 38th Legislature

The Public Health Act

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