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 |