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C.C.S.M. c. P210
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 to part of province, classes of persons |
| PART 13 | |
| 113 to 117 | |
| 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 |