C.C.S.M. c. P210
The Public Health Act
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Table of Contents
| PART 1 | ||
| INTRODUCTORY PROVISIONS | ||
| 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 |
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| MINISTER AND REGIONAL HEALTH AUTHORITIES |
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| 4 | Minister's authority | |
| (2) | Minister's powers | |
| 5 | Minister may designate person to investigate | |
| (2) | Powers of investigator | |
| 6 | Responsibility of health authorities | |
| 7 | Minister may give directions to health authority | |
| 8 | Minister may provide public health services | |
| 9 | Delegation by minister | |
| CHIEF PUBLIC HEALTH OFFICER | ||
| 10 | Appointment of chief provincial public health officer | |
| 11 | 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 | Delegation by chief public health officer | |
| (2) | Powers that may not be delegated | |
| (3) | Form of delegation | |
| 14 | Report on health status of Manitobans | |
| (2) | Other reports | |
| 15 | Reports on apprehensions and detentions | |
| (2) | When report to be given to minister | |
| 16 | Tabling reports in Assembly | |
| OFFICIALS | ||
| 17 | Appointing directors | |
| (2) | Powers of director | |
| 18 | Appointing medical officers of health | |
| (2) | Medical officer of health must be a physician | |
| 19 | 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 | 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 | 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 | Health hazard order — medical officer | |
| (2) | Health hazard order — inspector or health officer | |
| 25 | To whom order may be directed | |
| 26 | 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 | Medical officer may carry out order or seek assistance | |
| (2) | Order to pay costs | |
| (3) | Enforcement of order | |
| (4) | Cost recovery by municipality | |
| 29 | 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 |
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| 30 | 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 | 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 | Food as a health hazard | |
| (2) | No appeal of seizure | |
| HEALTH HAZARD EMERGENCIES | ||
| 33 | Health hazard emergency — serious and immediate threat | |
| 34 | 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 | 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 | Order to pay costs | |
| (2) | Enforcement of order to pay costs | |
| (3) | Cost recovery by municipality | |
| 37 | Peace officer to assist | |
| APPEAL OF ORDER | ||
| 38 | Appeal of order to pay costs | |
| (2) | Court's power on appeal | |
| REPORTING HEALTH HAZARDS | ||
| 39 | Duty to report health hazards | |
| 40 | 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 | ||
| 41 | 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 | Reporting when treatment refused | |
| (2) | Details of report | |
| (3) | Reporting non-compliance with order | |
| ORDER TO INDIVIDUALS | ||
| 43 | 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 |
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| 44 | Order to physician, etc. to comply with treatment protocol | |
| 45 | Order to minimize transmission risk in hospital, etc. | |
| (2) | Order to improve infection control practices | |
| 46 | Examinations of persons in schools, etc. | |
| (2) | Consent not required | |
| COURT ORDER TO APPREHEND A PERSON | ||
| 47 | 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 | Action on apprehension | |
| (2) | Hearing | |
| (3) | Person may be absent | |
| ORDER OF JUSTICE TO EXAMINE, TREAT AND DETAIN |
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| 49 | 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 | 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 |
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| 53 | 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 | Hearing and order | |
| (2) | Urgent basis | |
| (3) | Detention continues until decision is made | |
| 55 | Report on apprehension | |
| 56 | Definitions | |
| 57 | 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 | |
| 59.1 | Definitions | |
| (2) | Prohibition — children using tanning equipment | |
| (2.1) | Exception for prescription | |
| (3) | [Repealed] | |
| (4) | Defence of accused | |
| (5) | Evidentiary presumption re tanning equipment | |
| 59.2 | Posting of warning signs | |
| 59.2.1 | Protective eyewear | |
| 59.2.2 | Prohibition — advertising aimed at children | |
| (2) | Interpretation of subsection (1) | |
| 59.3 | Person may report suspected violation | |
| (2) | Protection from liability | |
| (3) | Adverse employment action prohibited | |
| (4) | Interference or harassment prohibited | |
| PART 5 | ||
| TEMPORARY DETENTION | ||
| DETENTION FOR IDENTIFICATION | ||
| 60 | 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 | 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 | Release | |
| (2) | Termination of order | |
| DETENTION FOR DECONTAMINATION |
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| 63 | 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 | 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 | Release | |
| (2) | Termination of order | |
| REPORTING TEMPORARY DETENTION |
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| 66 | Report on detention order | |
| PART 6 | ||
| PUBLIC HEALTH EMERGENCY | ||
| 67 | Public health emergency | |
| (2) | Special measures | |
| (2.1) | Content of order | |
| (2.2) | Conflict | |
| (2.3) | Repeal | |
| (3) | Minister's approval required | |
| (4) | Person may object to immunization | |
| 67.1 | Assistance re public health emergency order | |
| (2) | Order to pay costs | |
| (3) | Enforcement of order | |
| (4) | Cost recovery by municipality | |
| (5) | Peace officer to assist | |
| 68 | Limited delegation of authority | |
| 69 | Temporary isolation or quarantine facility | |
| (2) | Court order | |
| (3) | Order may be made without notice | |
| 70 | Compensation re isolation or quarantine facility | |
| (2) | How compensation determined | |
| PART 7 | ||
| INTOXICATING SUBSTANCES | ||
| 71 | Definitions | |
| 72 | Seizure of intoxicating substances | |
| (2) | Seizure of paraphernalia | |
| (3) | Search re intoxicating substances and paraphernalia | |
| 73 | Seizure on site | |
| (2) | Responsibilities of agent | |
| 74 | 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 | Evidence of nature of substance | |
| (2) | Proof by analysis | |
| PART 8 | ||
| INFORMATION GATHERING AND SHARING AND HEALTH SURVEILLANCE |
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| DEFINITIONS | ||
| 77 | Definitions | |
| REQUIREMENT TO PROVIDE INFORMATION ABOUT PUBLIC HEALTH THREATS |
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| 78 | 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 | 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 | 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 | Warrant for search and seizure | |
| (2) | Application without notice | |
| (3) | Securing evidence | |
| ADDITIONAL INSPECTION POWERS |
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| 86 | 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 |
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| 87 | Identification to be shown | |
| 88 | Use of data processing system and copying equipment | |
| (2) | Removal of records, etc. to make copies | |
| 89 | Copies as evidence | |
| OFFENCES AND PENALTIES | ||
| 90 | 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 |
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| 91 | Court order where order or direction contravened | |
| (2) | Court order where Act contravened | |
| (3) | Terms and conditions | |
| PART 10 | ||
| DISINTERMENT | ||
| 92 | Order for disinterment | |
| (2) | Granting of order | |
| 93 | 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 | 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 |
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| 98 | 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 | Oral orders — medical officer | |
| (2) | Oral orders — inspector | |
| (3) | Notice to medical officer | |
| (4) | Confirming the order in writing | |
| SERVICE OF ORDERS | ||
| 101 | 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 | 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 |
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| 104 | No retaliation | |
| 105 | Persons reporting protected from liability | |
| LIABILITY PROTECTION | ||
| 106 | 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 | Supply of drugs, medical supplies, etc. | |
| (2) | Selling drugs, medical supplies, etc. | |
| 110 | Certificate of analyst admissible | |
| (2) | Service of certificate or report on other parties | |
| 111 | Act binds the Crown | |
| 111.1 | Statutes and Regulations Act does not apply | |
| PART 12 | ||
| REGULATIONS | ||
| 112 | Regulations | |
| (2) | Ministerial regulations | |
| (3) | Adopting codes and standards | |
| (4) | Regulation may apply to part of province, classes of persons | |
| PART 13 | ||
| CONSEQUENTIAL AMENDMENTS | ||
| 113 to 117 | [amendments to other Acts] | |
| PART 14 | ||
| TRANSITION, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE |
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| 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 | |
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