C.C.S.M. c. P210
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INTRODUCTORY PROVISIONS
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1
| (1)
| Definitions
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| (2)
| Reference to "Act" includes regulations
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2
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| Purpose of Act
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3
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| Limit on restricting rights and freedoms
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PUBLIC HEALTH OFFICIALS AND REGIONAL HEALTH AUTHORITIES
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MINISTER AND REGIONAL HEALTH AUTHORITIES
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4
| (1)
| Minister's authority
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| (2)
| Minister's powers
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5
| (1)
| Minister may designate person to investigate
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| (2)
| Powers of investigator
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6
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| Responsibility of regional health authorities
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7
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| Minister may give directions to RHA
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8
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| Minister may provide public health services
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9
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| Delegation by minister
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CHIEF PUBLIC HEALTH OFFICER
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10
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| Appointment of chief provincial public health officer
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11
| (1)
| Advisory role of the chief public health officer
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| (2)
| Powers of chief public health officer
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| (3)
| Other powers
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12
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| Acting status: chief public health officer
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13
| (1)
| Delegation by chief public health officer
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| (2)
| Powers that may not be delegated
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| (3)
| Form of delegation
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14
| (1)
| Report on health status of Manitobans
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| (2)
| Other reports
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15
| (1)
| Reports on apprehensions and detentions
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| (2)
| When report to be given to minister
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16
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| Tabling reports in Assembly
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OFFICIALS
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17
| (1)
| Appointing directors
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| (2)
| Powers of director
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18
| (1)
| Appointing medical officers of health
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| (2)
| Medical officer of health must be a physician
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19
| (1)
| Chief public health officer may authorize physician
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| (2)
| Physician has powers of a medical officer
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20
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| Appointing public health inspectors, health officers and public health nurses
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21
| (1)
| Agreement re municipal by-laws
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| (2)
| Enforcement of municipal licences, etc.
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| (3)
| By-law powers and remedies available
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COMMUNITY HEALTH PROTECTION
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PUBLIC HEALTH ADVISORIES
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22
| (1)
| Public health advisory affecting one health region
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| (2)
| Publicizing a public health advisory
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23
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| Advisory affecting two or more health regions
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HEALTH HAZARD ORDERS
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24
| (1)
| Health hazard order — medical officer
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| (2)
| Health hazard order — inspector or health officer
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25
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| To whom order may be directed
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26
| (1)
| Content of order
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| (2)
| Limit on inspector's power re dwellings
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| (3)
| Limit on health officer's power re dwellings
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| (4)
| Order to close place or premises
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| (5)
| Placarding
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| (6)
| Placard must not be concealed, altered, etc.
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27
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| Order may relate to a disease
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28
| (1)
| Medical officer may carry out order or seek assistance
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| (2)
| Order to pay costs
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| (3)
| Enforcement of order
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| (4)
| Cost recovery by municipality
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29
| (1)
| Appeal of a health hazard order
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| (2)
| Time for filing and serving
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| (3)
| No stay of order
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| (4)
| Person who made the order is party to appeal
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| (5)
| Appeal heard as a new matter
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| (6)
| Court's powers on appeal
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SEIZURE AND DESTRUCTION OF HAZARDOUS THINGS
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30
| (1)
| Seizure of hazardous things
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| (2)
| Right to reclaim if no hazard
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| (3)
| Unclaimed things
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| (4)
| Destruction or disposition of hazardous things
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| (5)
| Cost of examination or testing
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| (6)
| Enforcement of order
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31
| (1)
| Appeal of seizure
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| (2)
| Time for filing and serving
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| (3)
| Person who made the seizure is a party to appeal
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| (4)
| Appeal heard as a new matter
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| (5)
| Court's powers on appeal
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32
| (1)
| Food as a health hazard
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| (2)
| No appeal of seizure
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HEALTH HAZARD EMERGENCIES
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33
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| Health hazard emergency — serious and immediate threat
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34
| (1)
| Emergency health hazard order
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| (2)
| Emergency health hazard order (inspector)
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| (3)
| Notice to medical officer
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| (4)
| Order expires unless extended
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| (5)
| Medical officer may extend, revoke or amend inspector's order
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| (6)
| No appeal of emergency health hazard order
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35
| (1)
| Emergency action by medical officer
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| (2)
| Emergency action by inspector
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| (3)
| Inspector's power to order vacating of a dwelling
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| (4)
| Notice to medical officer
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| (5)
| Minimum action
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| (6)
| Medical officer or inspector may seek assistance
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36
| (1)
| Order to pay costs
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| (2)
| Enforcement of order to pay costs
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| (3)
| Cost recovery by municipality
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37
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| Peace officer to assist
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APPEAL OF ORDER TO PAY COSTS
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38
| (1)
| Appeal of order to pay costs
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| (2)
| Court's power on appeal
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REPORTING HEALTH HAZARDS
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39
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| Duty to report health hazards
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40
| (1)
| Any person may report suspected health hazard
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| (2)
| Infection control practices as a "health hazard"
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| (3)
| If information personal or confidential
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DISEASE CONTROL
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REPORTING REQUIREMENTS FOR DISEASES
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41
| (1)
| Reporting of reportable disease: health professional
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| (2)
| Reporting of reportable disease: laboratory
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| (3)
| Reporting of zoonotic disease in animals: veterinarian
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| (4)
| Reporting of zoonotic disease: laboratory
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| (5)
| Definitions
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42
| (1)
| Reporting when treatment refused
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| (2)
| Details of report
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| (3)
| Reporting non-compliance with order
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COMMUNICABLE DISEASE ORDERS
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ORDER TO INDIVIDUALS
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43
| (1)
| Communicable disease order
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| (2)
| Content of order
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| (3)
| Additional content of order
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| (4)
| Person may object to treatment or immunization
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| (5)
| Duty of hospital or facility
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| (6)
| Placarding of quarantined place
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| (7)
| Order re contact with health professional, hospital
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ORDER TO PROFESSIONALS AND FACILITIES
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44
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| Order to physician, etc. to comply with treatment protocol
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45
| (1)
| Order to minimize transmission risk in hospital, etc.
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| (2)
| Order to improve infection control practices
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46
| (1)
| Examinations of persons in schools, etc.
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| (2)
| Consent not required
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APPREHENSION, DETENTION, EXAMINATION AND TREATMENT
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COURT ORDER TO APPREHEND A PERSON
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47
| (1)
| Application for order to apprehend
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| (2)
| Grounds
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| (3)
| Application may be made without notice
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| (4)
| Justice may make apprehension order
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| (5)
| Order directed to peace officer
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| (6)
| Duty of peace officer
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| (7)
| Duty to inform
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HEARING
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48
| (1)
| Action on apprehension
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| (2)
| Hearing
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| (3)
| Person may be absent
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ORDER OF JUSTICE TO EXAMINE, TREAT AND DETAIN
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49
| (1)
| When justice may make order
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| (2)
| Content of order
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| (3)
| Person may object to treatment or immunization
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| (4)
| Hospital must admit
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| (5)
| Detention for 90 days
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| (6)
| Release
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| (7)
| Termination of order
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50
| (1)
| Court order required to detain further
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| (2)
| Extension
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| (3)
| Additional extensions
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51
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| Detention continues until decision is made
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52
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| Minimum period only
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EMERGENCY DETENTION ORDER BY MEDICAL OFFICER
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53
| (1)
| Emergency detention order for virulent disease
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| (2)
| Refusal to provide identifying information
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| (3)
| Content of order
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| (4)
| Order directed to peace officer
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| (5)
| Duty of peace officer
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| (6)
| Duty to inform
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| (7)
| Hospital must admit
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| (8)
| Detention for 72 hours only
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54
| (1)
| Hearing and order
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| (2)
| Urgent basis
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| (3)
| Detention continues until decision is made
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55
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| Report on apprehension
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IMMUNIZATION
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56
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| Definitions
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57
| (1)
| Consent required
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| (2)
| Duty to inform patients
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| (3)
| Adult patient not competent to consent
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| (4)
| If patient is a child
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58
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| Previous adverse reaction after immunization
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59
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| Duty to report reaction
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TANNING EQUIPMENT
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59.1
| (1)
| Definitions
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| (2)
| Prohibition — children using tanning equipment
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| (2.1)
| Exception for prescription
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| (3)
| Repealed
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| (4)
| Defence of accused
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| (5)
| Evidentiary presumption re tanning equipment
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59.2
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| Posting of warning signs
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59.2.1
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| Protective eyewear
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59.2.2
| (1)
| Prohibition — advertising aimed at children
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| (2)
| Interpretation of subsection (1)
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59.3
| (1)
| Person may report suspected violation
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| (2)
| Protection from liability
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| (3)
| Adverse employment action prohibited
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| (4)
| Interference or harassment prohibited
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TEMPORARY DETENTION
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DETENTION FOR IDENTIFICATION
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60
| (1)
| Temporary detention for identification
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| (2)
| Order to apprehend and detain
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| (3)
| Order directed to peace officer
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| (4)
| Duty of peace officer
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| (5)
| Duty to inform
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| (6)
| Duration of order
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61
| (1)
| Application for continued detention
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| (2)
| Urgent basis
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| (3)
| Detention continues until decision is made
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| (4)
| Person may be absent
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| (5)
| When justice may make order
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| (6)
| Content of order
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62
| (1)
| Release
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| (2)
| Termination of order
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DETENTION FOR DECONTAMINATION
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63
| (1)
| Temporary detention for decontamination
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| (2)
| Content of order
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| (3)
| Minimum action
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| (4)
| Action by peace officers and other persons
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| (5)
| Duty to inform
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| (6)
| Duration of order
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64
| (1)
| Application for further action
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| (2)
| Information given to detained person
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| (3)
| Application within 72 hours
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| (4)
| Urgent basis
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| (5)
| Order in effect until decision is made
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| (6)
| Person may be absent
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| (7)
| When justice may make order
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| (8)
| Content of order
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| (9)
| Person may object to treatment or immunization
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| (10)
| Court order required to detain further
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65
| (1)
| Release
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| (2)
| Termination of order
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REPORTING TEMPORARY DETENTION
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66
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| Report on detention order
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PUBLIC HEALTH EMERGENCY
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67
| (1)
| Public health emergency
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| (2)
| Special measures
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| (2.1)
| Content of order
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| (2.2)
| Conflict
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| (2.3)
| Repeal
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| (3)
| Minister's approval required
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| (4)
| Person may object to immunization
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67.1
| (1)
| Assistance re public health emergency order
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| (2)
| Order to pay costs
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| (3)
| Enforcement of order
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| (4)
| Cost recovery by municipality
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| (5)
| Peace officer to assist
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68
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| Limited delegation of authority
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69
| (1)
| Temporary isolation or quarantine facility
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| (2)
| Court order
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| (3)
| Order may be made without notice
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70
| (1)
| Compensation re isolation or quarantine facility
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| (2)
| How compensation determined
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INTOXICATING SUBSTANCES
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71
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| Definitions
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72
| (1)
| Seizure of intoxicating substances
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| (2)
| Seizure of paraphernalia
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| (3)
| Search re intoxicating substances and paraphernalia
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73
| (1)
| Seizure on site
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| (2)
| Responsibilities of agent
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74
| (1)
| Justice to hold hearing
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| (2)
| Notice of show cause hearing
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| (3)
| How notice given
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| (4)
| Service of notice dispensed with
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| (5)
| Formal rules of evidence not to apply
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| (6)
| Order
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| (7)
| Order is final
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75
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| No compensation
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76
| (1)
| Evidence of nature of substance
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| (2)
| Proof by analysis
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INFORMATION GATHERING AND SHARING AND HEALTH SURVEILLANCE
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DEFINITIONS
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77
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| Definitions
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REQUIREMENT TO PROVIDE INFORMATION ABOUT PUBLIC HEALTH THREATS
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78
| (1)
| Information about public health threat
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| (2)
| Officials authorized to collect information
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79
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| Duty to provide information
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INFORMATION SHARING
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80
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| Information sharing: minister and chief public health officer
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81
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| Information sharing: medical officers, etc.
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HEALTH SURVEILLANCE
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82
| (1)
| Health surveillance system
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| (2)
| Registries of information
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| (3)
| Trustee may be designated to maintain a registry
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| (4)
| Collecting, etc. information for system
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COMPLIANCE
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ENTRY AND INSPECTION
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83
| (1)
| General powers of entry and inspection for medical officer
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| (2)
| Entry into dwelling with consent
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| (3)
| Warrant for entry into dwelling
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| (4)
| Abandoned building not a dwelling
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| (5)
| Conditions
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| (6)
| Entry into premises in public health emergency
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| (7)
| Entry by inspector, health officer
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| (8)
| Entry by public health nurse
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84
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| Assistance to officials
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85
| (1)
| Warrant for search and seizure
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| (2)
| Application without notice
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| (3)
| Securing evidence
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ADDITIONAL INSPECTION POWERS
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86
| (1)
| Inspection powers of medical officer
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| (2)
| Additional powers re serious and immediate threat
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| (3)
| Powers of inspector, health officer
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| (4)
| Powers of public health nurse
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| (5)
| Assistance to officials
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| (6)
| Assistance of owner or occupant
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IDENTIFICATION, RECORDS AND EVIDENCE
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87
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| Identification to be shown
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88
| (1)
| Use of data processing system and copying equipment
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| (2)
| Removal of records, etc. to make copies
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89
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| Copies as evidence
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OFFENCES AND PENALTIES
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90
| (1)
| Offences
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| (2)
| Continuing offence
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| (3)
| Directors and officers of corporations
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| (4)
| Penalties
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| (5)
| Penalties for corporations
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| (6)
| Time limit for prosecution
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COURT ORDERS TO PROHIBIT OR REQUIRE ACTIONS
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91
| (1)
| Court order where order or direction contravened
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| (2)
| Court order where Act contravened
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| (3)
| Terms and conditions
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DISINTERMENT
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92
| (1)
| Order for disinterment
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| (2)
| Granting of order
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93
| (1)
| Authority to cemetery owner, etc.
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| (2)
| Body must be disposed of as ordered
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94
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| Permit for re-burial
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95
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| Proceedings under Fatality Inquiries Act
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GENERAL PROVISIONS
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RIGHTS
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96
| (1)
| Duty to inform re right to counsel
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| (2)
| Detention of brief duration
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| (3)
| Right to contact counsel may be delayed if public health threat
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97
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| No treatment or immunization if person objects
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PROVISIONS APPLICABLE TO ORDERS AND DIRECTIONS
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98
| (1)
| Person need not be named
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| (2)
| Directed to one or more persons or to a class of persons
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| (3)
| Terms and conditions
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| (4)
| Deadline
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99
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| Order or direction must be complied with
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ORAL ORDERS
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100
| (1)
| Oral orders — medical officer
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| (2)
| Oral orders — inspector
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| (3)
| Notice to medical officer
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| (4)
| Confirming the order in writing
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SERVICE OF ORDERS
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101
| (1)
| To whom order must be given
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| (2)
| Order given personally or by mail
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| (3)
| Service on large number of persons
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REPORTING AND INFORMATION
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102
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| Duty to report is in addition to other duties
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103
| (1)
| Duty to provide information
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| (2)
| If information subject to solicitor-client privilege
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| (3)
| Limits re personal and personal health information
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PROTECTION OF PERSONS WHO REPORT
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104
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| No retaliation
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105
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| Persons reporting protected from liability
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LIABILITY PROTECTION
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106
| (1)
| Protection from liability
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| (2)
| Protection for person providing assistance
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MISCELLANEOUS
|
107
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| Reasonable force may be used
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108
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| Action under one provision not a bar to other action
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109
| (1)
| Supply of drugs, medical supplies, etc.
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| (2)
| Selling drugs, medical supplies, etc.
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110
| (1)
| Certificate of analyst admissible
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| (2)
| Service of certificate or report on other parties
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111
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| Act binds the Crown
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111.1
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| Statutes and Regulations Act does not apply
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REGULATIONS
|
112
| (1)
| Regulations
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| (2)
| Ministerial regulations
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| (3)
| Adopting codes and standards
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| (4)
| Regulation may apply to part of province, classes of persons
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CONSEQUENTIAL AMENDMENTS
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113 to 117
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TRANSITION, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
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118
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| "Former Act" defined
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119
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| Officials deemed to continue under this Act
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120
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| Licences, permits, approvals etc. deemed to continue
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121
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| Regulations made under former Act
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122
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| Repeal
|
123
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| C.C.S.M. reference
|
124
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| Coming into force
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