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The Public Health Act

REPEALED
Date: April 1, 2009

C.C.S.M. c. P210

The Public Health Act

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

Definitions

1           In this Act,

"communicable disease" means a disease designated as a communicable disease in the regulations; (« maladie contagieuse »)

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

"department" means the department of the executive government of the province through which the minister administers this Act; (« ministère »)

"health region" means a health region established or continued under The Regional Health Authorities Act; (« région sanitaire »)

"insanitary condition" means a condition or circumstance

(a) that is offensive; or

(b) that is, or may be, or might become injurious to health; or

(c) that prevents or hinders the suppression of disease; or

(d) that contaminates or pollutes, or may contaminate or pollute food, air, or water; or

(e) that might render food, air, or water injurious to the health of any person;

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; (« état insalubre »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"occupant" means a person who occupies premises, and in the case of premises that are unoccupied, includes the owner thereof, and the person in charge thereof; (« occupant »)

"owner" includes the agent or trustee of the owner and any person who receives, or is entitled to receive, rents under a lease of the premises; (« propriétaire »)

"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 »)

"regional health authority" means a regional health authority established or continued under The Regional Health Authorities Act; (« office régional de la santé »)

"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 »)

S.M. 1996, c. 53, s. 85; S.M. 2002, c. 26, s. 40.

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.

S.M. 2002, c. 26, s. 41.

Duties of minister

2(1)        The minister has the supervision of all matters relating to the preservation of life and the health of the people of the province, and of all matters relating to the prevention of injury to life and limb not specifically dealt with under some other Act of the Legislature; and, without limiting the generality of the foregoing, he shall

(a) make or cause to be made investigations and inquiries respecting the causes of disease, ill health, and death, in the province, and the causes of injuries to life or limb the prevention of which is not specifically dealt with under some other Act of the Legislature, and the steps that may be taken to reduce the causes of disease, ill health, death, and such injuries;

(b) advise the government and officers of the government on matters relating to public health and safety in matters not dealt with specifically under some other Act of the Legislature;

(c) cause to be inspected all public or private institutions for the care or treatment, or both, of persons suffering from mental or physical disability or disease for the purpose of maintaining proper sanitary conditions therein and conformity with this Act and the regulations; and

(d) for and on behalf of the government, enter into agreements with municipalities, municipal districts, local government districts, and school districts in unorganized territory, for the supply of medical or nursing services and inspection staff by the government.

Supply of vaccines, etc.

2(2)         The minister may, without charge, supply to duly qualified medical practitioners and hospitals in the province, drugs, medical supplies, anti-toxins, vaccines, sera, and immunizing agents for general use in the province; and a patient shall not be charged therefor.

S.M. 1996, c. 53, s. 85.

Powers of minister and deputy minister

3           The minister and the Deputy Minister of Health may exercise any power, or perform any duty or function, of a medical officer of health or a public health inspector or a public health nurse under this Act or the regulations.

MEDICAL OFFICERS OF HEALTH

Appointment of medical officers of health and deputy medical officers

4(1)        The minister may appoint medical officers of health and deputy medical officers of health for the province.

4(2)        Repealed, S.M. 1997, c. 41, s. 23.

Duties and powers of deputy medical officer of health

4(3)        A deputy medical officer of health shall act at the request of the medical officer of health or where the medical officer of health is absent or unable or unwilling to act, and when so acting a deputy medical officer of health has all the powers and authority of a medical officer of health.

Remuneration and dismissal

4(4)        A medical officer of health or a deputy medical officer of health

(a) shall be paid such remuneration out of the Consolidated Fund as the minister may set; and

(b) may be dismissed by the minister.

4(5) to (7) Repealed, S.M. 1996, c. 53, s. 85.

Duly qualified medical practitioner

4(8)        A person appointed as a medical officer of health or as a deputy medical officer of health must be a duly qualified medical practitioner.

Ex officio medical officers

4(9)        The Director of Public Health Services, the Director of Preventive Medical Services, and the Director of Venereal Disease Control, in the department are medical officers of health throughout the province, and each has, and may exercise the powers of, and may perform any duty or function of, a medical officer of health under this Act or the regulations.

S.M. 1996, c. 53, s. 85; S.M. 1997, c. 41, s. 23.

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.

S.M. 2002, c. 26, s. 42.

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.

S.M. 2002, c. 26, s. 42.

Duties of medical officer of health

5           A medical officer of health shall perform such duties and functions as are imposed upon him under this Act and the regulations, or under any other Act of the Legislature or any regulation or by-law made or passed pursuant thereto.

Agreement with medical officer of health

6           A municipality may enter into an agreement in writing with its medical officer of health or some other duly qualified medical practitioner providing for his medical attendance upon, and care of, persons

(a) who are resident in the municipality and require medical, surgical, or obstetrical attention;

(b) who, in the opinion of some person designated by the council of the municipality for the purpose, are unable through poverty to pay for such medical attendance and care; and

(c) who are not cared for in a hospital.

Conferences of medical officers of health

7(1)        The minister may convene conferences of medical officers of health at such times and places as may be designated by him.

Conference expenses

7(2)        The expenses incurred by a medical officer of health in attending a conference convened by the minister under subsection (1) are payable in addition to his or her remuneration under subsection 4(4) and these expenses are payable out of the Consolidated Fund.

S.M. 1996, c. 53, s. 85; S.M. 1997, c. 41, s. 23.

PUBLIC HEALTH INSPECTORS

Appointment of public health inspectors

8(1)         Every municipality may appoint a public health inspector of the municipality.

Remuneration

8(2)        The remuneration of a public health inspector appointed under subsection (1) shall be paid by the municipality appointing him.

Appointment by minister

8(3)        The minister may appoint a public health inspector where a municipality has not made an appointment under subsection (1), for such term, and at such remuneration, as may be determined by the minister; and the remuneration shall be paid from the Consolidated Fund with money authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

S.M. 1996, c. 53, s. 85.

Duties of public health inspectors

9           A public health inspector shall assist the medical officer of health in the municipality or district, for which he is appointed in enforcing this Act and the regulations and the provisions of any other Act of the Legislature relating to health or safety or any regulations or by-laws made or passed pursuant thereto, and perform such duties and functions as are imposed on him under this Act and the regulations or under any other Act of the Legislature or any regulation or by-law made or passed pursuant thereto.

S.M. 1996, c. 53, s. 85.

PUBLIC HEALTH NURSES

Appointment of public health nurses by municipality

10(1)       A municipality that is not in a health region may appoint public health nurses for the municipality.

Appointment of public health nurses by regional health authority

10(2)       A regional health authority may appoint public health nurses for its health region.

Registered nurse

10(3)       A person appointed as a public health nurse shall be a registered nurse under The Registered Nurses Act.

Remuneration

10(4)       A public health nurse

(a) appointed by a municipality shall be paid such remuneration by the municipality as the council of the municipality may set;

(b) appointed by a regional health authority shall be paid such remuneration by the regional health authority as its board may set.

S.M. 1996, c. 53, s. 85.

Duties of public health nurses

11          A public health nurse shall perform such duties and functions as are imposed on her under this Act and the regulations, or under any other Act of the Legislature or any regulation or by-law made or passed pursuant thereto.

POWERS AND AUTHORITY OF HEALTH OFFICIALS

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.

S.M. 2002, c. 26, s. 43.

Powers of medical officers of health

12          For the purposes of enforcing this Act and the regulations and any by-law of the municipality relating to health, a medical officer of health may

(a) repealed, S.M. 2002, c. 26, s. 44;

(b) upon presentation of a certificate or other means of identification as prescribed in the regulations, at all reasonable times, take samples of any food, beverage, clothing, or bedding without the consent of the owner thereof, for the purpose of conducting tests or analysis to determine whether it constitutes or is creating, or is contributing to, an insanitary condition;

(c) order any person whom he has reason to believe might be suffering from a communicable disease to submit to a medical examination by a duly qualified medical practitioner or a public health nurse;

(d) subject to section 32, in the case of an epidemic or a threatened epidemic of a communicable disease, order any person whom he has reason to believe has or might contract or catch the communicable disease to

(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;

(e) order an insanitary condition on, in, or in connection with, any premises to be abated by the owner or occupant or both within such time as may be specified in the order;

(f) order any premises that are or constitute an insanitary condition to be vacated;

(g) order any structure or building that is or constitutes an insanitary condition that cannot be abated, or, after an order made under clause (e), is not abated within the time specified in the order, to be demolished;

(h) repealed, S.M. 2002, c. 26, s. 44;

(i) authorize a public health nurse to examine any pupil, patient, or inmate, of any school, hospital, or institution offering care or treatment without the consent of the person in charge thereof or the person being examined;

(j) repealed, S.M. 2002, c. 26, s. 44;

(k) authorize a public health nurse to examine any person suspected of having a communicable disease without the consent of that person.

S.M. 2002, c. 26, s. 44.

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.

S.M. 2002, c. 26, s. 45.

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.

S.M. 2002, c. 26, s. 45.

Powers of public health inspectors

13          For the purposes of enforcing this Act and the regulations, and any by-law of a municipality relating to health, the public health inspector may, upon presentation of a certificate or other means of identification as prescribed in the regulations,

(a) and (b) repealed, S.M. 2002, c. 26, s. 46;

(c) take samples of any food, beverage, clothing, or bedding, without the consent of the owner thereof, for the purpose of conducting tests or analysis to determine whether it constitutes, is creating, or is contributing to, an insanitary condition; and

(d) repealed, S.M. 2002, c. 26, s. 46.

S.M. 1999, c. 18, s. 19; S.M. 2002, c. 26, s. 46.

Powers of public health nurse

14          For the purposes of enforcing this Act and the regulations, and any by-law of a municipality relating to health, the public health nurse may, upon presentation of a certificate or other means of identification as prescribed in the regulations,

(a) at all reasonable times enter any school, hospital, or institution offering care or treatment, and inspect the same without the consent of the person in charge thereof, and, with the written authority of the medical officer of health, examine any pupil, patient, or inmate of any such school, hospital, or institution, without the consent of the person in charge thereof or the person being examined;

(b) repealed, S.M. 2002, c. 26, s. 47;

(c) with the written authority of the medical officer of health, examine any person suspected of having a communicable disease without his consent.

S.M. 2002, c. 26, s. 47.

Minister may direct investigations

15          The minister may, in writing, direct a medical officer of health, a public health inspector, or a public health nurse, to investigate the cause of any communicable disease, or a death, or any accident or injury not specifically dealt with under another Act of the Legislature, in any part of the province; and for the purposes of the investigation the medical officer of health, public health inspector, or public health nurse, as the case may be, has all the powers of a commissioner appointed under Part V of The Manitoba Evidence Act.

Assistance in enforcing Act and regulations

16          Where a medical officer of health, public health inspector, or public health nurse, is required or empowered under this Act or the regulations or a by-law of a municipality relating to health, to do or to prevent, direct, order, or enforce the doing of anything, he may use such force and employ such assistance as is necessary to accomplish what is required or what he is empowered to do, and may, where obstructed in so doing, call for assistance of a peace officer or any other person, and every peace officer or person so called upon shall render assistance.

Order may contain terms and conditions

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

S.M. 2002, c. 26, s. 48.

PROCEDURE ON ORDERS

Report to minister or municipality

17(1)       Where, under this Act or the regulations, a medical officer of health

(a) orders an insanitary condition to be abated; or

(b) orders premises to be vacated; or

(c) orders a building or structure to be demolished; or

(d) orders or requires anything to be done; or

(e) orders or requires any person to desist from doing anything;

and the person to whom the order or requirement is directed fails or neglects to comply with it if, in the opinion of the medical officer of health, compliance with the order or requirement will

(f) involve an expenditure or loss exceeding $2000.; or

(g) seriously interfere with any business, trade, or industry;

he shall, before proceeding to enforce the order or requirement, or recommending prosecution for failure to comply with the order or requirement, report the matter and the circumstances thereof to the municipality concerned or to the minister or to both.

Report where person cannot be found

17(2)        Where a medical officer of health finds

(a) an insanitary condition that, in his opinion, should be abated; or

(b) premises that, in his opinion, should be vacated; or

(c) a building or structure that, in his opinion, should be demolished; or

(d) any circumstances or situation in respect of which, in his opinion, any order should be made or any requirement should be imposed;

and he cannot find or locate the person to whom any order or requirement in respect thereto would be directed, if, in his opinion, compliance with any such order or requirement would

(e) involve an expenditure or loss exceeding $2000.; or

(f) seriously interfere with any business, trade, or industry;

he shall report the matter and the circumstances to the municipality concerned or to the minister or to both.

Order of court required

17(3)       Where a medical officer of health makes a report under subsection (1) or (2), no further action shall be taken to enforce any order or requirement or to prosecute any person for failure to comply with the order or requirement without an order of the Court of Queen's Bench.

Application for order

17(4)       An order to which reference is made in subsection (3) may be granted by a judge of the Court of Queen's Bench in Chambers upon the application of the minister or the municipality concerned; and the judge, in making the order, may direct what steps are to be taken to abate the insanitary condition, to vacate the premises, to demolish the building or structure, to enforce the doing of anything, or to prevent the doing of anything, and may make the order subject to such terms and conditions as he thinks advisable.

Appeal

18(1)       Where, under this Act or the regulations, a person is ordered or required

(a) to abate an insanitary condition; or

(b) to vacate premises; or

(c) to demolish a building or structure; or

(d) to do anything; or

(e) to desist from doing anything;

he may appeal against the order or requirement to the Court of Queen's Bench by filing a notice of appeal with the registrar of the court and serving a copy thereof on the person making the order or requirement.

Time for launching appeal

18(2)       Where the order or requirement states that the person appealing shall comply with the order or requirement within a specified period of time of less than seven days, the notice of appeal mentioned in subsection (1) shall be filed and served within the period of time stated in the order or requirement.

Time for filing when no limit set in order

18(3)       Where the order or requirement does not state any period of time within which the person appealing shall comply with the order or requirement, the notice of appeal mentioned in subsection (1) shall be filed and served within seven days of the date on which the person received notice of the order or requirement.

Form of notice

18(4)       The notice of appeal shall set forth the order or requirement appealed against and the grounds of the appeal.

Appointment for hearing

18(5)       Where a notice of appeal has been filed and served in accordance with this section, a judge of the court of Queen's Bench upon application

(a) by the person appealing; or

(b) by the person making the order or requirement; or

(c) by the municipality in which the condition, premises or structure is situated or in which the person appealing resides;

may by appointment in writing set a time and place to hear and determine the appeal.

Serving of appointment

18(6)       The appointment referred to in subsection (5), together with a copy of any affidavit to be used at the hearing of the appeal by the person obtaining the appointment, shall be served upon all other parties to the appeal not less than four clear days before the return day thereof.

Stay of proceedings on order

18(7)       Where a notice of appeal has been filed and served in accordance with this section, no further action shall be taken in respect of the order or requirement except in accordance with an order of the court to which the appeal is taken.

Order of court

18(8)       On hearing the appeal, the court may

(a) confirm the order or requirement; or

(b) quash the order or requirement; or

(c) vary the order or requirement to conform to any order or requirement that might have been made under this Act or the regulations under the circumstances;

and may direct what steps are to be taken to comply with the order and may make the order subject to such terms and conditions as it deems advisable.

Discontinuance of appeal

18(9)       Where a medical officer of health makes a report under section 17, no appeal shall be taken under this section and any appeal proceedings taken under this section shall be deemed to have been discontinued by the appellant upon the filing with the registrar of the court of an affidavit by the medical officer of health stating that such a report has been made.

Laying information

19(1)       Where the minister, the Deputy Minister of Health, the Director of Public Health Services, the Director of Preventive Medical Services, the Director of Venereal Disease Control, or a medical officer of health, has, under this Act or the regulations, ordered or required a person

(a) to be isolated; or

(b) to be quarantined; or

(c) to be hospitalized; or

(d) to be vaccinated; or

(e) to be inoculated; or

(f) to submit to or to obtain a medical examination; or

(g) to submit to or to obtain medical treatment; or

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

and the person fails or refuses to comply with the order or requirement, the person making the order or requirement may lay an information before a justice alleging that the person is suspected or believed by the person laying the information to pose a threat to public health because he or she is

(h) suffering from a communicable disease; or

(i) a person who has been exposed to a communicable disease or in contact with a person who has a communicable disease;

and the justice may issue a warrant as hereinafter provided.

Issuing warrant

19(2)       A warrant issued under subsection (1) shall be signed by the justice who issues it, and may be directed to any or all peace officers in Manitoba.

Contents of warrant

19(3)       A warrant issued under subsection (1) shall contain a description of the person against whom the information has been laid, and shall contain a statement of the allegation set out in the information.

Apprehension under warrant

19(4)       The person to whom a warrant issued under subsection (1) is directed shall apprehend the person described in the warrant and forthwith bring him before the justice who issued the warrant or before some other justice, so that an inquiry may be made respecting the allegation set out in the information.

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.

Action on apprehension

19(5)       Where a person apprehended under a warrant issued under subsection (1) is brought before a justice, the justice may, by his warrant, commit the person to the custody of a peace officer or other person, or to such custody as to the justice seems fit, until a hearing is held and a determination made under this section.

Hearing

19(6)       As soon as possible after a person has been apprehended under a warrant issued under subsection (1), the justice before whom the person is brought shall hold a hearing to inquire into the allegation against the person; and for that purpose the justice has the like authority of compelling the attendance of witnesses as a justice would have in a case being tried before him under The Summary Convictions Act.

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.

S.M. 2002, c. 26, s. 49; S.M. 2005, c. 8, s. 12.

Cost of abatement, etc.

20          Where under this Act or the regulations a person is ordered or required

(a) to abate an insanitary condition; or

(b) to vacate premises; or

(c) to demolish a building or structure; or

(d) to do anything; or

(e) to desist from doing anything

and the person does not comply with the order or requirement, after the expiry of the time within which the order or requirement may be appealed under this Act, the person making the order or requirement may take such steps and do such things as are necessary

(f) to abate the insanitary condition; or

(g) to vacate the premises; or

(h) to demolish the building or structure; or

(i) to have the thing done; or

(j) to prevent the thing being done;

as the case may require; and the amount of the expense incurred in that respect is a debt due to, and may be recovered by, the municipality within which the condition, premises, building or structure is situated or within which the thing is done or prevented from being done, or the government where the condition, premises, building or structure is situated in unorganized territory or the thing is done or prevented from being done in unorganized territory.

Recovery of expenses

21          Where expense incurred under section 20 is not paid to the municipality or the government, the amount thereof may be

(a) collected as a debt owing to the municipality or the government, as the case may be; or

(b) entered as a tax on the tax roll of the municipality against the property with respect to which the expense was incurred and recovered in the same manner as municipal taxes.

Entry of owner of land under lease

22          Where, under this Act or the regulations, the owner of any premises is ordered or required to do anything with respect to the premises, he may, notwithstanding the provisions of any lease or tenancy, oral or written, enter on the premises by himself, his agents, or his employees, for the purpose of complying with the order or the requirement.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

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.

S.M. 2002, c. 26, s. 50.

DISINTERMENT

Order for disinterment

23(1)       No person shall, for any purpose, disinter a body buried in a building, cemetery or other place, unless he has obtained from the minister, on written application in a form prescribed by the minister, an order authorizing the disinterment.

Granting of order

23(2)       The minister, if he deems it proper to do so, may on application therefor, grant an order for disinterment of a body, and the order shall be issued in duplicate and both copies shall be sealed with the seal of the department and be signed by the minister or his deputy.

Contents of application

24(1)       The application for an order authorizing disinterment shall state the reason why, or the purpose for which, the disinterment is requested, and, if it is for re-interment, shall specify the building, cemetery, or other place, in which it is proposed to make the re-interment, and, if it is for any other disposition thereof, shall specify the disposition and the place thereof; and the application shall be verified by the affidavit of a person having knowledge of the facts.

Documents to accompany application

24(2)       An application for an order authorizing disinterment shall be accompanied by

(a) a certified copy of the registration of the death of the person whose body it is desired to disinter, including the medical certificate filed with the registration;

(b) in the case of an application by a person who is neither the owner of, nor the person having the legal custody or charge of, the building, cemetery, or place, in which the body is buried, proof of the consent of the owner to the disinterment or, in the absence of his consent, proof that reasonable notice of the application has been given to the owner or to a person having legal custody or charge as aforesaid; and

(c) if it is desired to disinter the body for any purpose other than the immediate re-interment thereof in another part of the building, cemetery, or place, in which it is buried at the time the application is made, the written approval of the Minister of Justice thereto.

S.M. 1993, c. 48, s. 90.

Authority to cemetery owner

25(1)       An order made under subsection 23(1) is sufficient authority to the owner of, or the person having the legal custody or charge of, the building, cemetery, or place, in which the body is buried to allow the disinterment thereof.

Offence and penalty

25(2)       A person who disinters a body, or causes a body to be disinterred, pursuant to an order obtained under subsection 23(1), shall not dispose thereof in any manner other than that authorized by the order; and any person who disobeys this subsection is guilty of an offence.

Permit for re-burial

26          Subject to section 27, a burial permit for the burial, removal, or other disposition, of a disinterred body shall be issued by the Director of Vital Statistics on

(a) receipt of a written request therefor;

(b) production to, and filing with, him of one of the duplicate originals of the order made under section 23 by virtue of which the body was disinterred; and

(c) payment of the fee prescribed under The Vital Statistics Act.

Proceedings under Fatality Inquiries Act

27          Nothing in this Act limits or abridges the authority under The Fatality Inquiries Act of the chief medical examiner or a medical examiner appointed under that Act or of the member of the Executive Council charged with the administration of that Act; and a burial permit for burial, removal, or other disposition of a body disinterred on an order made under The Fatality Inquiries Act shall be issued by the Director of Vital Statistics on the written request of the member of the Executive Council charged with the administration of that Act accompanied by a copy of the order for disinterment; but no fee is payable for the burial permit in that case.

REGULATIONS

Regulations

28          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,

(a) respecting the prevention, treatment, medication, and suppression of disease;

(b) respecting the supplying of medical, surgical, and obstetrical aid, accommodation, and medicine and such articles as are deemed necessary for preventing or mitigating any disease;

(c) designating diseases as communicable disease;

(d) requiring specified persons to report, to the minister or a specified officer in the department or both, cases of communicable disease or disease dangerous to the public health, and prescribing the time for reporting and the information to be reported;

(e) respecting the evacuation of persons from localities where there are a large number of cases of a communicable disease or a disease dangerous to public health;

(f) respecting the isolation, hospitalization, or quarantine of persons having or who have been exposed to a communicable disease or a disease dangerous to public health;

(g) respecting the isolation of localities in which there is a high incidence of cases of a communicable disease or a disease dangerous to the public health, and preventing persons or conveyances from leaving such a locality and detaining persons or conveyances who or which have come from the locality for the purposes of inspection or disinfection or both;

(h) respecting the cleaning, washing, scrubbing, painting, piping, purification, and disinfection, of rooms, clothing, utensils, and articles, used by persons suffering from a communicable disease or a disease dangerous to the public health;

(i) respecting the treatment and disposition of persons having or who have been exposed to a communicable disease or a disease dangerous to the public health;

(j) subject to section 32, respecting the compulsory vaccination, inoculation, or immunization against communicable diseases or diseases dangerous to the public health of persons residing in or entering the province who are not already vaccinated, inoculated, or immunized or not sufficiently protected by previous vaccination, inoculation, or immunization;

(k) respecting the compulsory examination by clinical and bacteriological methods and by specified tests, the compulsory treatment, and, if necessary, the detention, of persons infected or suspected of being infected with any venereal disease, and prohibiting any person who is not a duly qualified medical practitioner, or acting under the direction of a duly qualified medical practitioner, from attending upon or treating a person suffering from any such disease;

(l) declaring certain conditions or circumstances to be insanitary conditions and declaring that certain acts contribute to insanitary conditions;

(m) respecting the prevention and removal or abatement of insanitary conditions on public or private property and the prevention of acts that contribute to insanitary conditions;

(n) respecting the cleaning, washing, scrubbing, lime washing, papering, painting, purifying, ventilating, disinfecting and disinfesting or any of them, of premises by the owners or occupiers thereof or at the expense of the owners or occupiers thereof;

(o) respecting the inspection of public conveyances and of persons travelling thereby and things contained therein or being shipped thereby and for the detention of such public conveyances or things for the purpose of cleaning, washing, scrubbing, purifying, disinfecting or disinfesting;

(p) respecting the construction, maintenance, cleansing, and disinfection, of drains, sewerage systems, sewers, sewage treatment plants, sewage disposal plants, and the location, cleansing, and disinfection of water closets, cess pools, septic tanks, privies, and other methods of disposing of sewage and waste;

(q) respecting the location, construction, maintenance, cleansing, and disinfestation, of waste disposal grounds, incinerators, and other means of disposing of refuse and waste material;

(r) respecting the accumulation and disposal of refuse, waste material, debris, and junk on private or public property;

(s) respecting the construction, maintenance, and purification, of water systems, and water supplies, including the testing and analysis of water therefrom, and the inspection and approval of sources of water supply;

(t) preventing the pollution or fouling of wells, underground waters, and springs, and the cutting and storing of ice;

(u) respecting the inspection, approval, and operation, of premises open to the public where food is prepared for consumption, sold for consumption, or consumed;

(v) respecting the inspection and regulation of the production, processing, distribution, and sale of milk and milk products and respecting the health of persons employed in premises where milk or milk products are processed, and the sampling, testing, and certification of milk and milk products;

(w) respecting the testing of livestock and poultry for diseases communicable to man;

(x) respecting the inspection, and regulating the location, construction, furnishings, equipping, maintenance, cleaning, washing, scrubbing, painting, and disinfecting of premises where animals are slaughtered for human food, and of premises in which food or food products are prepared, cured, preserved, or packed for sale for human consumption;

(y) respecting the inspection and regulation of food, and the regulation and inspection of the method of production, processing, manufacturing, sale, shipment, storage, transportation and handling of food, equipment in food handling plants and containers used for food, and respecting the use of labels and markings indicating that certain foods have been prepared in premises or under conditions that meet certain standards prescribed in the regulations;

(z) respecting the site, construction, plumbing, lighting, ventilation, heating, furnishings, equipment, and sanitary condition of buildings used for human habitation or for business purposes and the inspection thereof;

(aa) respecting the sanitary condition of summer resorts, tourist camps, recreational camps or resorts, lumber camps, construction camps, mining camps, and industrial camps;

(bb) requiring employers of labour in lumber camps, construction camps, mining camps and industrial camps, or certain classes thereof, to employ or retain a duly qualified medical practitioner to care for employees and respecting the responsibility of such employers for the medical, surgical, and hospital care of their employees;

(cc) regulating the location, construction, and method of carrying on, any trade, business, or industry, that is or may become noxious or offensive or that, by the regulations, is declared to be noxious or offensive;

(dd) respecting the construction, repair, renewal, alteration, inspection, labelling, and sale, of stuffed articles, including mattresses, quilts, covers, pillows, bedding, quilted clothing, upholstered furniture, and toys, and the treating, processing, sterilizing, disinfecting, and disinfesting, of materials used therein, and requiring any such articles to be stamped, marked, or labelled, as prescribed in the regulations;

(ee) prohibiting the carrying on of any business, occupation, trade, or industry, or of any act, that may be detrimental to the public health;

(ff) requiring persons carrying on various businesses, trades, industries, occupations, or undertakings, to be licensed or registered or to obtain a permit and without limiting the generality of the foregoing;

(i) persons who operate public premises where food is prepared for consumption, served for consumption, or consumed,

(ii) persons who operate premises where food or food products are processed or prepared for human consumption or are consumed,

(iii) persons who operate premises other than hospitals licensed under The Hospitals Act, and who undertake the care and treatment of patients,

(iv) persons who carry on any trade, business, or industry, that is declared by the regulations to be noxious or offensive,

(v) persons who carry on or operate any other business, trade, or industry, that is subject to the regulations,

and prescribing the terms and conditions under which the licence or permit is granted or the registration permitted, and the fee payable therefor, and respecting cancellation, revocation, or suspension of any such licence, permit, or registration, and prohibiting the carrying on or operation of any such business, occupation, trade, industry, or undertaking, without a valid subsisting licence or permit or registration;

(gg) respecting the destruction of rodent pests, insect pests, and vermin of all kinds, and the methods and chemicals used in destroying them or controlling them;

(hh) respecting the confinement and disposition of contaminated, diseased or injured animals and the disposition of dead animals, including fixing the responsibility for disposing of an animal on any public authority, the owner, or the person causing the death;

(ii) respecting the interment of dead bodies and preparation and transportation of dead bodies for funeral services and burial, and the regulation and inspection of undertaking establishments, morgues, and other places used in connection therewith;

(jj) respecting the use, or prohibiting the use, of fluoroscopic shoe fitting devices or other fluoroscopic or x-ray devices for non-medical use in respect of humans;

(kk) respecting the medical and dental inspection of children;

(ll) respecting the qualifications, functions, duties and jurisdiction of medical officers of health, public health nurses and public health inspectors;

(mm) prescribing certificates or other means of identification for medical officers of health, public health nurses and public health inspectors;

(nn) respecting means of preventing accidental injury or death, and prescribing safety measures in respect of matters not dealt with specifically under any other Act of the Legislature;

(oo) prescribing forms for use under this Act;

(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.

S.M. 1992, c. 35, s. 58; S.M. 2001, c. 43, s. 22; S.M. 2002, c. 26, s. 51.

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.

S.M. 2002, c. 26, s. 52.

Application of regulations

29          A regulation may be made to apply to the whole or any part of the province.

Service by registered or certified mail

30          Where under this Act or a regulation made thereunder notice is required to be given to any person and the manner of giving the notice is not set out or provided for in this or another Act of the Legislature, the notice may be given by registered mail or certified mail addressed to the person at the latest address known for him to the department.

By-laws of municipality

31(1)       Subject to subsection (2), nothing in this Act or the regulations affects or impairs the validity of a by-law of a municipality relating to any of the matters dealt with in this Act or the regulations except in so far as the by-law is contrary to, or is in conflict with, or inconsistent with, this Act or the regulations; and in case of any conflict, inconsistency or repugnancy between a by-law of a municipality and this Act or a regulation, this Act or the regulation prevails.

By-laws suspended

31(2)       A by-law or regulation of a municipality or any provision of a by-law or regulation of a municipality that is in any manner in conflict with, repugnant to, or inconsistent with this Act or the regulations or any provision of this Act or the regulations is suspended and of no effect.

Repugnancy of by-laws

31(3)       A by-law that imposes further restrictions or requires further conditions than this Act or the regulations is not, solely by reason thereof, repugnant to or in conflict with or inconsistent with this Act or the regulations.

Exemption from vaccination, inoculation or treatment

32          The following persons are exempt from vaccination, inoculation or medical treatment:

(a) a person who makes a statement in writing that he believes that vaccination, inoculation, or medical treatment for the prevention or cure of disease is prejudicial to health or that his religious beliefs are opposed to it, and furnishes the statement to the medical officer of health;

(b) a child or ward of any such person.

OFFENCES AND PENALTY

General penalty

33(1)       Subject to section 22.15, a person who contravenes or fails to comply with any provision of this Act or the regulations, or who disobeys or fails to comply with or carry out an order or direction lawfully made or given under this Act or the regulations, is guilty of an offence and liable, on summary conviction, to a fine not exceeding $5,000. or to imprisonment for a term not exceeding three months, or to both.

Continuing offence

33(2)       A violation of this Act or the regulations, or a failure to comply with this Act or the regulations or an order or direction lawfully made or given under this Act or the regulations that continues for more than one day, constitutes a separate offence on each day during which it continues.

Obstruction of officer

33(3)       A person who wilfully obstructs an officer acting in pursuance of this Act or of the regulations in the discharge of his duty is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $5,000. or to imprisonment for a term not exceeding one month, or to both.

Selling biological products

33(4)       Every person who sells either publicly or privately any biological product that has been supplied to him free of charge by or through the minister is guilty of an offence and is liable, on summary conviction, to a fine of $5,000. or to imprisonment for a period of one month, or to both.

S.M. 1996, c. 15, s. 2; S.M. 2002, c. 26, s. 53.

Quashing of convictions

34          No warrant, order, or conviction, or other proceeding, matter, or thing, done, issued, or transacted, in or relating to the execution of this Act, shall be vacated, quashed, or set aside, for want of form.

35          Repealed.

S.M. 1996, c. 15, s. 3.

Disposition of penalty

36          Every fine recovered under this Act upon a prosecution brought by, or at the instance of, an officer of a municipality shall be paid to the municipality in which the offence was committed; and every fine recovered upon any other prosecution shall be paid to the Minister of Finance.

EVIDENCE

Certificate of Director of Provincial Laboratory

37(1)       In any action, prosecution, proceeding or hearing under this Act, or for the purpose of enforcing this Act or the regulations, the certificate of the Director of the Provincial Laboratory in the department as to whether or not any substance, material or object indicates the occurrence of a communicable disease is prima facie proof of the facts set out in the certificate.

Certificate respecting tuberculosis

37(2)       In any action, prosecution, proceeding, or hearing under this Act, or for the purpose of enforcing this Act or the regulations, the certificate of

(a) the Medical Director of The Sanatorium Board of Manitoba; or

(b) the director of preventive medical services employed by the government under the minister;

as to whether or not the person named in the certificate has infectious tuberculosis, is prima facie proof that that person has or has not infectious tuberculosis, as the case may be.

Certificate of Provincial Chemist

37(3)       In any action, prosecution, proceeding, or hearing under this Act, or for the purpose of enforcing this Act or the regulations, the certificate of the Provincial Chemist in the department as to the chemical analysis of any substance, material, or object or as to whether any substance, material, or object contains, is affected by or carries, any impurity or contaminant is prima facie proof of the facts set out in the certificate.

Where examination and treatment not an assault

38          A physical examination, inoculation, vaccination, or medical treatment, administered in compliance with this Act or the regulations, or in compliance with an order lawfully made under this Act or the regulations, by a duly qualified medical practitioner to a person, whether that person consents or not, and whether that person is an adult or a minor, does not constitute an assault against that person.

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.

S.M. 2002, c. 26, s. 54.

EXPENSES

Costs payable from Consolidated Fund

39(1)       Subject to subsection (2), the costs of administering this Act shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.

Expenses of medical officer of health

39(2)       Subject to subsection (3), subsection 7(2) and the regulations, all expenses incurred by a medical officer of health, a public health nurse, or a public health inspector in a municipality in the performance of his duties and functions, or in the exercise of his authority, under this Act or the regulations, or under any other Act of the Legislature or any regulations made thereunder, shall be paid by the municipality forthwith upon the presentation of the written certificate of the medical officer of health.

Responsibility of regional health authority for expenses

39(3)       Subject to subsection 7(2), subsection (4) and the regulations, any expenses incurred by a medical officer of health or by a public health nurse in the performance of duties or the exercise of powers under this or any other Act, or under any regulations, in a health region shall be paid by the regional health authority for the health region.

Responsibility of The City of Winnipeg for expenses

39(4)       Any expenses incurred by a medical officer of health appointed by the council of The City of Winnipeg in the performance of duties or the exercise of powers under this or any other Act, or under any regulations, shall be paid by The City of Winnipeg.

S.M. 1996, c. 53, s. 85; S.M. 1997, c. 41, s. 23.