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The Public Health Amendment Act

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S.M. 2021, c. 3

Bill 67, 3rd Session, 42nd Legislature

The Public Health Amendment Act

Explanatory Note

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

This Bill amends The Public Health Act to enable the chief public health officer to make orders during an epidemic that prevent people from working at more than one hospital, personal care home or other facility. The order may address implementation matters.

The order-making power is repealed one year after it comes into force.

THE PUBLIC HEALTH AMENDMENT ACT

(Assented to April 19, 2021)

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

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

1

The Public Health Act is amended by this Act.

2(1)

Subsection 67(2) is amended

(a) in subclause (a)(iii), by adding ", personal care homes" after "hospitals"; and

(b) by renumbering clause (a.1) as clause (a.3) and adding the following as clauses (a.1) and (a.2):

(a.1) issue an order prohibiting or restricting

(i) a person or class of persons being employed by or working at more than one hospital, personal care home or other facility, or any combination of them, at the same time, or

(ii) a person assigning work at a hospital, personal care home or other facility to a person who — within the period immediately before beginning the assignment, as specified in the order — has

(A) been employed by or worked at a different hospital, personal care home or facility, or

(B) provided home care services;

(a.2) in the case of a person who, at the same time, is employed by or working at more than one hospital, personal care home or other facility, or any combination of them, issue an order directing the person to work at only one of them;

2(2)

The following is added after subsection 67(2):

Content of order

67(2.1)

An order under clause (2)(a.1) or (a.2) may include the following provisions:

(a) requiring an employer to take or implement measures to carry out the order;

(b) requiring an employer to take or implement measures to mitigate the effects of the order on an employee;

(c) requiring an employer to take or implement measures after the order expires to assist an employee in transitioning back to the employment the employee had at the time the order was made;

(d) exempting persons or classes of persons from the order.

Conflict

67(2.2)

An order under clause (2)(a.1) or (a.2) applies despite any conflict with an employment agreement or collective agreement, but only to the extent reasonably necessary to ensure that appropriate care is provided to patients and residents of a hospital, personal care home or other facility during the epidemic of a communicable disease.

Repeal

67(2.3)

Clauses (2)(a.1) and (a.2), subsections (2.1) and (2.2) and this subsection are repealed one year after the day this subsection comes into force.

Coming into force

3

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