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The Public Health Amendment Act

This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

S.M. 2020, c. 11

Bill 59, 2nd Session, 42nd Legislature

The Public Health Amendment Act

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act amends The Public Health Act. New prohibitions or requirements can be made in a public health emergency order to prevent the spread of a communicable disease. Measures to assist in the enforcement of public health emergency orders are added. The fines for failing to comply with public health emergency orders are increased.

Additional persons may be authorized by regulation to enforce the Act and orders made under it. Orders made under the Act are not subject to The Statutes and Regulations Act. Orders directed to the public at large may be published on a government website.

(Assented to April 15, 2020)

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

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

1

The Public Health Act is amended by this Act.

2

Subsection 1(1) is amended by adding the following definition:

"public health emergency order" means an order or direction made under subsection 67(2). (« ordonnance prise en raison d'un état d'urgence sanitaire »)

3

Subsection 38(1) is amended by striking out "subsection 28(2), 30(5) or 36(1)" and substituting "subsection 28(2), 30(5), 36(1) or 67.1(3)".

4(1)

Subsection 67(2) is amended

(a) by adding the following after clause (a):

(a.1) issue an order prohibiting or restricting persons from travelling to, from or within a specified area, or requiring persons who are doing so to take specified actions;

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

(d.1) order persons to take specified measures to prevent the spread of a communicable disease, including persons who arrive in Manitoba from another province, territory or country;

4(2)

Subsection 67(3) is amended by striking out "clauses (2)(a) to (d)" and substituting "clauses (2)(a) to (d.1)".

5

The following is added after section 67:

Assistance re public health emergency order

67.1(1)

If a person to whom a public health emergency order is directed fails to comply with it, a medical officer or an inspector may

(a) take, or cause to be taken, any action that the medical officer or inspector considers necessary to carry out the order; and

(b) request the assistance of a peace officer or any other person to carry out the order.

Order to pay costs

67.1(2)

A medical officer may, by order, require a person to whom a public health emergency order is directed to pay the costs of any action taken under this section, other than costs incurred and collected by a municipality under subsection (4).

Enforcement of order

67.1(3)

An order to pay costs may be filed in the court and enforced as if it were an order of the court.

Cost recovery by municipality

67.1(4)

If a municipality assists in carrying out an order under clause (1)(b), its costs are a debt owing to the municipality, and the municipality may collect the debt from any person to whom the public health emergency order was directed, using any means available to it.

Peace officer to assist

67.1(5)

A peace officer requested to provide assistance under subsection (1) must take reasonable steps to do so.

6

Clauses 90(4)(b) and (5)(b) are amended by adding "or a public health emergency order" after "emergency health hazard order".

7

The following is added after clause 101(3)(b):

(b.1) by posting it on a government website;

8

The following is added after section 111 as part of Part 11:

Statutes and Regulations Act does not apply

111.1

The Statutes and Regulations Act does not apply to any order made under this Act.

9

The following is added after clause 112(1)(pp):

(pp.1) designating persons or classes of persons who are authorized, subject to any specified restrictions or conditions,

(i) to enforce this Act, including an order made under this Act, or

(ii) to enforce specified provisions of this Act or specified orders made under this Act;

Coming into force

10

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