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The Public Health Act
This is an unofficial archived version of The Public Health Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. P210

The Public Health Act

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

Definitions.

1

In this Act,

"communicable disease" means a disease designated as a communicable disease in the regulations; ("maladie contagieuse")

"department" means the department of the executive government of the province through which the minister administers this Act; ("ministère")

"health unit" means a local health unit established under Part I of The Health Services Act; ("unité sanitaire")

"insanitary condition" means a condition or circumstance

(a) that is offensive; or

(b) that is, or may be, or might become injurious to health; or

(c) that prevents or hinders the suppression of disease; or

(d) that contaminates or pollutes, or may contaminate or pollute food, air, or water: or (e) that might render food, air, or water injurious to the health of any person;

and includes a nuisance and any circumstance or condition declared to be an insanitary condition under the regulations; ("état insalubre")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act: ("ministre")

"occupant" means a person who occupies premises, and in the case of premises that are unoccupied, includes the owner thereof, and the person in charge thereof; ("occupant" )

"owner" includes the agent or trustee of the owner and any person who receives, or is entitled to receive, rents under a lease of the premises. ("propriétaire")

Duties of minister.

2(1)

The minister has the supervision of all matters relating to the preservation of life and the health of the people of the province, and of all matters relating to the prevention of injury to life and limb not specifically dealt with under some other Act of the Legislature; and, without limiting the generality of the foregoing, he shall

(a) make or cause to be made investigations and inquiries respecting the causes of disease, ill health, and death, in the province, and the causes of injuries to life or limb the prevention of which is not specifically dealt with under some other Act of the Legislature, and the steps that may be taken to reduce the causes of disease, ill health, death, and such injuries;

(b) advise the government and officers of the government on matters relating to public health and safety in matters not dealt with specifically under some other Act of the Legislature;

(c) cause to be inspected all public or private institutions for the care or treatment, or both, of persons suffering from mental or physical disability or disease for the purpose of maintaining proper sanitary conditions therein and conformity with this Act and the regulations; and

(d) for and on behalf of the government, enter into agreements with health units, municipalities, municipal districts, local government districts, and school districts in unorganized territory, for the supply of medical or nursing services and inspection staff by the government.

Supply of vaccines, etc.

2(2)

The minister may, without charge, supply to duly qualified medical practitioners and hospitals in the province, drugs, medical supplies, anti-toxins, vaccines, sera, and immunizing agents for general use in the province; and a patient shall not be charged therefor.

Powers of minister and deputy minister.

3

The minister and the Deputy Minister of Health may exercise any power, or perform any duty or function, of a medical officer of health or a public health inspector or a public health nurse under this Act or the regulations.

MEDICAL OFFICERS OF HEALTH

Appointment of medical officers of health.

4(1)

Each municipality of which any portion is not part of a health unit shall appoint a duly qualified medical practitioner to be the medical officer of health of the municipality, or of that portion thereof that is not included in a health unit.

Medical director of health unit is medical officer of health.

4(2)

The medical director of a health unit is the medical officer of health within the health unit.

Remuneration of medical officer of health.

4(3)

A medical officer of health appointed by a municipality shall be paid by the municipality such remuneration as may be fixed by the council thereof.

Dismissal of medical officer of health.

4(4)

A medical officer of health appointed by a municipality may be dismissed

(a) by the minister; or

(b) by the council of the municipality.

Failure to appoint.

4(5)

Where a municipality fails or refuses to appoint a medical officer of health as required under this section, or appoints a medical officer of health but does not provide adequate remuneration for the due and proper discharge of his duties, the minister, for and on behalf of the municipality, may appoint a medical officer of health and fix his remuneration, or fix adequate remuneration for the medical officer of health, as the case may be; and a medical officer of health appointed under this subsection shall for all purposes be deemed to be a medical officer of health appointed by the municipality, and his remuneration as fixed, and all necessary expenses incurred by him in performing his duties, shall be paid for, and borne by, the municipality.

Deputy medical officer of health.

4(6)

A municipality may appoint a duly qualified medical practitioner to be a deputy medical officer of health to act in the absence, illness, or incapacity, of the medical officer of health, or at the request of the medical officer of health; and when he is so acting, he has all the powers and authority of the medical officer of health for whom he is acting.

Remuneration of deputy medical officer of health.

4(7)

A deputy medical officer of health shall be paid by the municipality such remuneration as may be fixed by the council thereof.

Medical officer of health in unorganized territory.

4(8)

The minister may appoint a duly qualified medical practitioner to be the medical officer of health in a district that is not included in a municipality or a health unit, for such term, and at such remuneration, as may be determined by the minister; and the remuneration shall be paid from the Consolidated Fund with money authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

Ex officio medical officers.

4(9)

The Director of Public Health Services, the Director of Preventive Medical Services, and the Director of Venereal Disease Control, in the department are medical officers of health throughout the province, and each has, and may exercise the powers of, and may perform any duty or function of, a medical officer of health under this Act or the regulations.

Duties of medical officer of health.

5

A medical officer of health shall perform such duties and functions as are imposed upon him under this Act and the regulations, or under any other Act of the Legislature or any regulation or by-law made or passed pursuant thereto.

Agreement with medical officer of health.

6

A municipality may enter into an agreement in writing with its medical officer of health or some other duly qualified medical practitioner providing for his medical attendance upon, and care of, persons

(a) who are resident in the municipality and require medical, surgical, or obstetrical attention;

(b) who, in the opinion of some person designated by the council of the municipality for the purpose, are unable through poverty to pay for such medical attendance and care; and

(c) who are not cared for in a hospital.

Conferences of medical officers of health.

7(1)

The minister may convene conferences of medical officers of health at such times and places as may be designated by him.

Expenses.

7(2)

The expenses of a medical officer of health appointed by a municipality in attending a conference convened under subsection (1) shall be borne by the municipality for which he is appointed, and are payable, in addition to his salary, on the certificate of the minister.

PUBLIC HEALTH INSPECTORS

Appointment of public health inspectors.

8(1)

Every municipality of which any portion is not within a health unit may appoint a public health inspector of the municipality or that part thereof or that portion thereof that is not included in a health unit.

Remuneration.

8(2)

The remuneration of a public health inspector appointed under subsection (1) shall be paid by the municipality appointing him.

Public health inspector in health units and unorganized territory.

8(3)

The minister may appoint a public health inspector for a health unit or for a district that is not included in a municipality or a health unit, for such term, and at such remuneration, as may be determined by the minister; and the remuneration shall be paid from the Consolidated Fund with money authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

Duties of public health inspectors.

9

A public health inspector shall assist the medical officer of health in the municipality, health unit, or district, for which he is appointed in enforcing this Act and the regulations and the provisions of any other Act of the Legislature relating to health or safety or any regulations or by-laws made or passed pursuant thereto, and perform such duties and functions as are imposed on him under this Act and the regulations or under any other Act of the Legislature or any regulation or by-law made or passed pursuant thereto.

PUBLIC HEALTH NURSES

Appointment of public health nurses.

10(1)

Each municipality of which any portion is not part of a health unit may appoint a registered nurse under The Registered Nurses Act to be a public health nurse of the municipality, or that portion thereof that is not included in a health unit.

Remuneration.

10(2)

The remuneration of a public health nurse appointed under subsection (1) shall be paid by the municipality appointing her.

Public health nurses in health units and unorganized territory.

10(3)

The minister may appoint a public health nurse for a health unit or for a district that is not included in a municipality or a health unit, for such term, and at such remuneration, as the minister may determine; and the remuneration shall be paid from the Consolidated Fund with money authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

Duties of public health nurses.

11

A public health nurse shall perform such duties and functions as are imposed on her under this Act and the regulations, or under any other Act of the Legislature or any regulation or by-law made or passed pursuant thereto.

POWERS AND AUTHORITY OF HEALTH OFFICIALS

Powers of medical officers of health.

12

For the purposes of enforcing this Act and the regulations and any by-law of the municipality relating to health, a medical officer of health may

(a) upon presentation of a certificate or other means of identification as prescribed in the regulations, at all reasonable times, enter any place or premises and inspect the same without the consent of the owner;

(b) upon presentation of a certificate or other means of identification as prescribed in the regulations, at all reasonable times, take samples of any food, beverage, clothing, or bedding without the consent of the owner thereof, for the purpose of conducting tests or analysis to determine whether it constitutes or is creating, or is contributing to, an insanitary condition;

(c) order any person whom he has reason to believe might be suffering from a communicable disease to submit to a medical examination by a duly qualified medical practitioner or a public health nurse;

(d) subject to section 32, in the case of an epidemic or a threatened epidemic of a communicable disease, order any person whom he has reason to believe has or might contract or catch the communicable disease to be examined, vaccinated, inoculated, or immunized, or to take any prophylactic or curative medical treatment or measures;

(e) order an insanitary condition on, in, or in connection with, any premises to be abated by the owner or occupant or both within such time as may be specified in the order;

(f) order any premises that are or constitute an insanitary condition to be vacated;

(g) order any structure or building that is or constitutes an insanitary condition that cannot be abated, or, after an order made under clause (e), is not abated within the time specified in the order, to be demolished;

(h) authorize a public health inspector to enter an occupied dwelling house and inspect it without the consent of the owner or occupant;

(i) authorize a public health nurse to examine any pupil, patient, or inmate, of any school, hospital, or institution offering care or treatment without the consent of the person in charge thereof or the person being examined;

(j) authorize a public health nurse to enter any place or premises for the purpose of investigating any suspected case of communicable disease without consent of the owner or occupant thereof;

(k) authorize a public health nurse to examine any person suspected of having a communicable disease without the consent of that person.

Powers of public health inspectors.

13

For the purposes of enforcing this Act and the regulations, and any by-law of a municipality relating to health, the public health inspector may, upon presentation of a certificate or other means of identification as prescribed in the regulations,

(a) at all reasonable times enter any place or premises other than an occupied dwelling house and inspect the same without the consent of the owner or occupant thereof;

(b) enter any occupied dwelling house and inspect the same where the owner or occupant thereof does not object or refuse admission;

(c) take samples of any food, beverage, clothing, or bedding, without the consent of the owner thereof, for the purpose of conducting tests or analysis to determine whether it constitutes, is creating, or is contributing to, an insanitary condition; and

(d) with the written authority of the medical officer of health, enter any unoccupied dwelling house and inspect the same without the consent of the owner or occupant thereof.

Powers of public health nurse.

14

For the purposes of enforcing this Act and the regulations, and any by-law of a municipality relating to health, the public health nurse may, upon presentation of a certificate or other means of identification as prescribed in the regulations,

(a) at all reasonable times enter any school, hospital, or institution offering care or treatment, and inspect the same without the consent of the person in charge thereof, and, with the written authority of the medical officer of health, examine any pupil, patient, or inmate of any such school, hospital, or institution, without the consent of the person in charge thereof or the person being examined;

(b) at all reasonable times, with the written authority of the medical officer of health, enter any other place or premises without the consent of the owner or occupant thereof for the purpose of investigating any suspected case of communicable disease; and

(c) with the written authority of the medical officer of health, examine any person suspected of having a communicable disease without his consent.

Minister may direct investigations.

15

The minister may, in writing, direct a medical officer of health, a public health inspector, or a public health nurse, to investigate the cause of any communicable disease, or a death, or any accident or injury not specifically dealt with under another Act of the Legislature, in any part of the province; and for the purposes of the investigation the medical officer of health, public health inspector, or public health nurse, as the case may be, has all the powers of a commissioner appointed under Part V of The Manitoba Evidence Act.

Assistance in enforcing Act and regulations.

16

Where a medical officer of health, public health inspector, or public health nurse, is required or empowered under this Act or the regulations or a by-law of a municipality relating to health, to do or to prevent, direct, order, or enforce the doing of anything, he may use such force and employ such assistance as is necessary to accomplish what is required or what he is empowered to do, and may, where obstructed in so doing, call for assistance of a peace officer or any other person, and every peace officer or person so called upon shall render assistance.

PROCEDURE ON ORDERS

Report to minister or municipality.

17(1)

Where, under this Act or the regulations, a medical officer of health

(a) orders an insanitary condition to be abated;

or

(b) orders premises to be vacated; or

(c) orders a building or structure to be demolished; or

(d) orders or requires anything to be done; or

(e) orders or requires any person to desist from doing anything;

and the person to whom the order or requirement is directed fails or neglects to comply with it if, in the opinion of the medical officer of health, compliance with the order or requirement will

(f) involve an expenditure or loss exceeding $2000; or

(g) seriously interfere with any business, trade, or industry;

he shall, before proceeding to enforce the order or requirement, or recommending prosecution for failure to comply with the order or requirement, report the matter and the circumstances thereof to the municipality concerned or to the minister or to both.

Report where person cannot be found.

17(2)

Where a medical officer of health finds

(a) an insanitary condition that, in his opinion, should be abated; or

(b) premises that, in his opinion, should be vacated; or

(c) a building or structure that, in his opinion, should be demolished; or

(d) any circumstances or situation in respect of which, in his opinion, any order should be made or any requirement should be imposed;

and he cannot find or locate the person to whom any order or requirement in respect thereto would be directed, if, in his opinion, compliance with any such order or requirement would

(e) involve an expenditure or loss exceeding $2000; or

(f) seriously interfere with any business, trade, or industry;

he shall report the matter and the circumstances to the municipality concerned or to the minister or to both.

Order of court required.

17(3)

Where a medical officer of health makes a report under subsection (1) or (2), no further action shall be taken to enforce any order or requirement or to prosecute any person for failure to comply with the order or requirement without an order of the Court of Queen's Bench.

Application for order.

17(4)

An order to which reference is made in subsection (3) may be granted by a judge of the Court of Queen's Bench in Chambers upon the application of the minister or the municipality concerned; and the judge, in making the order, may direct what steps are to be taken to abate the insanitary condition, to vacate the premises, to demolish the building or structure, to enforce the doing of anything, or to prevent the doing of anything, and may make the order subject to such terms and conditions as he thinks advisable.

Appeal.

18(1)

Where, under this Act or the regulations, a person is ordered or required

(a) to abate an insanitary condition; or

(b) to vacate premises; or

(c) to demolish a building or structure; or

(d) to do anything; or

(e) to desist from doing anything;

he may appeal against the order or requirement to the Court of Queen's Bench by filing a notice of appeal with the registrar of the court and serving a copy thereof on the person making the order or requirement.

Time for launching appeal.

18(2)

Where the order or requirement states that the person appealing shall comply with the order or requirement within a specified period of time of less than seven days, the notice of appeal mentioned in subsection (1) shall be filed and served within the period of time stated in the order or requirement.

Time for filing when no limit set in order.

18(3)

Where the order or requirement does not state any period of time within which the person appealing shall comply with the order or requirement, the notice of appeal mentioned in subsection (1) shall be filed and served within seven days of the date on which the person received notice of the order or requirement.

Form of notice.

18(4)

The notice of appeal shall set forth the order or requirement appealed against and the grounds of the appeal.

Appointment for hearing.

18(5)

Where a notice of appeal has been filed and served in accordance with this section, a judge of the court of Queen's Bench upon application

(a) by the person appealing; or

(b) by the person making the order or requirement; or

(c) by the municipality in which the condition, premises or structure is situated or in which the person appealing resides;

may by appointment in writing set a time and place to hear and determine the appeal.

Serving of appointment.

18(6)

The appointment referred to in subsection (5), together with a copy of any affidavit to be used at the hearing of the appeal by the person obtaining the appointment, shall be served upon all other parties to the appeal not less than four clear days before the return day thereof.

Stay of proceedings on order.

18(7)

Where a notice of appeal has been filed and served in accordance with this section, no further action shall be taken in respect of the order or requirement except in accordance with an order of the court to which the appeal is taken.

Order of court

18(8)

On hearing the appeal, the court may (a) confirm the order or requirement; or (b) quash the order or requirement; or (c) vary the order or requirement to conform to any order or requirement that might have been made under this Act or the regulations under the circumstances; and may direct what steps are to be taken to comply with the order and may make the order subject to such terms and conditions as it deems advisable.

Discontinuance of appeal.

18(9)

Where a medical officer of health makes a report under section 17, no appeal shall be taken under this section and any appeal proceedings taken under this section shall be deemed to have been discontinued by the appellant upon the filing with the registrar of the court of an affidavit by the medical officer of health stating that such a report has been made.

Laying information.

19(1)

Where the minister, the Deputy Minister of Health, the Director of Public Health Services, the Director of Preventive Medical Services, the Director of Venereal Disease Control, or a medical officer of health, has, under this Act or the regulations, ordered or required a person

(a) to be isolated; or

(b) to be quarantined; or

(c) to be hospitalized; or

(d) to be vaccinated; or

(e) to be inoculated; or

(f) to submit to or to obtain a medical examination; or

(g) to submit to or to obtain medical treatment; and the person fails or refuses to comply with the order or requirement, the person making the order or requirement may lay an information before a justice alleging that the person is suspected or believed by the person laying the information to be

(h) suffering from a communicable disease; or

(i) a person who has been exposed to a communicable disease or in contact with a person who has a communicable disease;

and the justice may issue a warrant as hereinafter provided.

Issuing warrant.

19(2)

A warrant issued under subsection (1) shall be signed by the justice who issues it, and may be directed to any or all peace officers in Manitoba.

Contents of warrant.

19(3)

A warrant issued under subsection (1) shall contain a description of the person against whom the information has been laid, and shall contain a statement of the allegation set out in the information.

Apprehension under warrant.

19(4)

The person to whom a warrant issued under subsection (1) is directed shall apprehend the person described in the warrant and forthwith bring him before the justice who issued the warrant or before some other justice, so that an inquiry may be made respecting the allegation set out in the information.

Action on apprehension.

19(5)

Where a person apprehended under a warrant issued under subsection (1) is brought before a justice, the justice may, by his warrant, commit the person to the custody of a peace officer or other person, or to such custody as to the justice seems fit, until the question of the allegation against the person is determined.

Hearing.

19(6)

As soon as possible after a person has been apprehended under a warrant issued under subsection (1), the justice before whom the person is brought shall hold a hearing to inquire into the allegation against the person; and for that purpose the justice has the like authority of compelling the attendance of witnesses as a magistrate would have in a case being tried before him under The Summary Convictions Act.

Order.

19(7)

Where, after hearing all the evidence, the justice is satisfied that the allegation set out in the information is true, he may, subject to section 32, order the person named in the information

(a) to be isolated; or

(b) to be quarantined; or

(c) to be hospitalized; or

(d) to be vaccinated; or

(e) to be inoculated; or

(f) to submit to or obtain a medical examination;

or

(g) to submit to or obtain medical treatment;

as the case requires as provided under this Act or the regulations, and may order the person kept in custody in such place as may be directed by the justice until the person has complied with the provisions of the order.

Cost of abatement, etc.

20

Where under this Act or the regulations a person is ordered or required

(a) to abate an insanitary condition; or

(b) to vacate premises; or

(c) to demolish a building or structure; or

(d) to do anything; or

(e) to desist from doing anything and the person does not comply with the order or requirement, after the expiry of the time within which the order or requirement may be appealed under this Act, the person making the order or requirement may take such steps and do such things as are necessary

(f) to abate the insanitary condition; or

(g) to vacate the premises; or

(h) to demolish the building or structure; or

(i) to have the thing done; or

(j) to prevent the thing being done;

as the case may require: and the amount of the expense incurred in that respect is a debt due to, and may be recovered by, the municipality within which the condition, premises, building or structure is situated or within which the thing is done or prevented from being done, or the government where the condition, premises, building or structure is situated in unorganized territory or the thing is done or prevented from being done in unorganized territory.

Recovery of expenses.

21

Where expense incurred under section 20 is not paid to the municipality or the government, the amount thereof may be

(a) collected as a debt owing to the municipality or the government, as the case may be; or

(b) entered as a tax on the tax roll of the municipality against the property with respect to which the expense was incurred and recovered in the same manner as municipal taxes.

Entry of owner of land under lease.

22

Where, under this Act or the regulations, the owner of any premises is ordered or required to do anything with respect to the premises, he may, notwithstanding the provisions of any lease or tenancy, oral or written, enter on the premises by himself, his agents, or his employees, for the purpose of complying with the order or the requirement.

DISINTERMENT

Order for disinterment.

23(1)

No person shall, for any purpose, disinter a body buried in a building, cemetery or other place, unless he has obtained from the minister, on written application in a form prescribed by the minister, an order authorizing the disinterment.

Granting of order.

23(2)

The minister, if he deems it proper to do so, may on application therefor, grant an order for disinterment of a body, and the order shall be issued in duplicate and both copies shall be sealed with the seal of the department and be signed by the minister or his deputy.

Contents of application.

24(1)

The application for an order authorizing disinterment shall state the reason why, or the purpose for which, the disinterment is requested, and, if it is for re-interment, shall specify the building, cemetery, or other place, in which it is proposed to make the re-interment, and, if it is for any other disposition thereof, shall specify the disposition and the place thereof; and the application shall be verified by the affidavit of a person having knowledge of the facts.

Documents to accompany application.

24(2)

An application for an order authorizing disinterment shall be accompanied by

(a) a certified copy of the registration of the death of the person whose body it is desired to disinter, including the medical certificate filed with the registration;

(b) in the case of an application by a person who is neither the owner of, nor the person having the legal custody or charge of, the building, cemetery, or place, in which the body is buried, proof of the consent of the owner to the disinterment or, in the absence of his consent, proof that reasonable notice of the application has been given to the owner or to a person having legal custody or charge as aforesaid: and (c) if it is desired to disinter the body for any purpose other than the immediate re-interment thereof in another part of the building, cemetery, or place, in which it is buried at the time the application is made, the written approval of the Attorney-General thereto.

Authority to cemetery owner.

25(1)

An order made under subsection 23(1) is sufficient authority to the owner of, or the person having the legal custody or charge of, the building, cemetery, or place, in which the body is buried to allow the disinterment thereof.

Offence and penalty.

25(2)

A person who disinters a body, or causes a body to be disinterred, pursuant to an order obtained under subsection 23(1), shall not dispose thereof in any manner other than that authorized by the order; and any person who disobeys this subsection is guilty of an offence.

Permit for re-burial.

26

Subject to section 27, a burial permit for the burial, removal, or other disposition, of a disinterred body shall be issued by the Director of Vital Statistics on

(a) receipt of a written request therefor;

(b) production to, and filing with, him of one of the duplicate originals of the order made under section 23 by virtue of which the body was disinterred; and

(c) payment of the fee prescribed under The Vital Statistics Act.

Proceedings under Fatality Inquiries Act.

27

Nothing in this Act limits or abridges the authority under The Fatality Inquiries Act of the chief medical examiner or a medical examiner appointed under that Act or of the member of the Executive Council charged with the administration of that Act; and a burial permit for burial, removal, or other disposition of a body disinterred on an order made under The Fatality Inquiries Act shall be issued by the Director of Vital Statistics on the written request of the member of the Executive Council charged with the administration of that Act accompanied by a copy of the order for disinterment; but no fee is payable for the burial permit in that case.

REGULATIONS

Regulations.

28

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,

(a) respecting the prevention, treatment, medication, and suppression of disease;

(b) respecting the supplying of medical, surgical, and obstetrical aid, accommodation, and medicine and such articles as are deemed necessary for preventing or mitigating any disease;

(c) designating diseases as communicable disease;

(d) requiring specified persons to report, to the minister or a specified officer in the department or both, cases of communicable disease or disease dangerous to the public health, and prescribing the time for reporting and the information to be reported;

(e) respecting the evacuation of persons from localities where there are a large number of cases of a communicable disease or a disease dangerous to public health;

(f) respecting the isolation, hospitalization, or quarantine of persons having or who have been exposed to a communicable disease or a disease dangerous to public health;

(g) respecting the isolation of localities in which there is a high incidence of cases of a communicable disease or a disease dangerous to the public health, and preventing persons or conveyances from leaving such a locality and detaining persons or conveyances who or which have come from the locality for the purposes of inspection or disinfection or both;

(h) respecting the cleaning, washing, scrubbing, painting, piping, purification, and disinfection, of rooms, clothing, utensils, and articles, used by persons suffering from a communicable disease or a disease dangerous to the public health;

(i) respecting the treatment and disposition of persons having or who have been exposed to a communicable disease or a disease dangerous to the public health;

(j) subject to section 32, respecting the compulsory vaccination, inoculation, or immunization against communicable diseases or diseases dangerous to the public health of persons residing in or entering the province who are not already vaccinated, inoculated, or immunized or not sufficiently protected by previous vaccination, inoculation, or immunization;

(k) respecting the compulsory examination by clinical and bacteriological methods and by specified tests, the compulsory treatment, and, if necessary, the detention, of persons infected or suspected of being infected with any venereal disease, and prohibiting any person who is not a duly qualified medical practitioner, or acting under the direction of a duly qualified medical practitioner, from attending upon or treating a person suffering from any such disease;

(l) declaring certain conditions or circumstances to insanitary conditions and declaring that certain acts contribute to insanitary conditions;

(m) respecting the prevention and removal or abatement of insanitary conditions on public or private property and the prevention of acts that contribute to insanitary conditions;

(n) respecting the cleaning, washing, scrubbing, lime washing, papering, painting, purifying, ventilating, disinfecting and disinfesting or any of them, of premises by the owners or occupiers thereof or at the expense of the owners or occupiers thereof;

(o) respecting the inspection of public conveyances and of persons travelling thereby and things contained therein or being shipped thereby and for the detention of such public conveyances or things for the purpose of cleaning, washing, scrubbing, purifying, disinfecting or disinfesting;

(p) respecting the construction, maintenance, cleansing, and disinfection, of drains, sewerage systems, sewers, sewage treatment plants, sewage disposal plants, and the location, cleansing, and disinfection of water closets, cess pools, septic tanks, privies, and other methods of disposing of sewage and waste;

(q) respecting the location, construction, maintenance, cleansing, and disinfestation, of waste disposal grounds, incinerators, and other means of disposing of refuse and waste material;

(r) respecting the accumulation and disposal of refuse, waste material, debris, and junk on private or public property;

(s) respecting the construction, maintenance, and purification, of water systems, and water supplies, including the testing and analysis of water therefrom, and the inspection and approval of sources of water supply;

(t) preventing the pollution or fouling of wells, underground waters, and springs, and the cutting and storing of ice;

(u) respecting the inspection, approval, and operation, of premises open to the public where food is prepared for consumption, sold for consumption, or consumed;

(v) respecting the inspection and regulation of the production, processing, distribution, and sale of milk and milk products and respecting the health of persons employed in premises where milk or milk products are processed, and the sampling, testing, and certification of milk and milk products;

(w) respecting the testing of livestock and poultry for diseases communicable to man;

(x) respecting the inspection, and regulating the location, construction, furnishings, equipping, maintenance, cleaning, washing, scrubbing, painting, and disinfecting of premises where animals are slaughtered for human food, and of premises in which food or food products are prepared, cured, preserved, or packed for sale for human consumption;

(y) respecting the inspection and regulation of food, and the regulation and inspection of the method of production, processing, manufacturing, sale, shipment, storage, transportation and handling of food, equipment in food handling plants and containers used for food, and respecting the use of labels and markings indicating that certain foods have been prepared in premises or under conditions that meet certain standards prescribed in the regulations;

(z) respecting the site, construction, plumbing, lighting, ventilation, heating, furnishings, equipment, and sanitary condition of buildings used for human habitation or for business purposes and the inspection thereof;

(aa) respecting the sanitary condition of summer resorts, tourist camps, recreational camps or resorts, lumber camps, construction camps, mining camps, and industrial camps;

(bb) requiring employers of labour in lumber camps, construction camps, mining camps and industrial camps, or certain classes thereof, to employ or retain a duly qualified medical practitioner to care for employees and respecting the responsibility of such employers for the medical, surgical, and hospital care of their employees;

(cc) regulating the location, construction, and method of carrying on, any trade, business, or industry, that is or may become noxious or offensive or that, by the regulations, is declared to be noxious or offensive;

(dd) respecting the construction, repair, renewal, alteration, inspection, labelling, and sale, of stuffed articles, including mattresses, quilts, covers, pillows, bedding, quilted clothing, upholstered furniture, and toys, and the treating, processing, sterilizing, disinfecting, and disinfesting, of materials used therein, and requiring any such articles to be stamped, marked, or labelled, as prescribed in the regulations;

(ee) prohibiting the carrying on of any business, occupation, trade, or industry, or of any act, that may be detrimental to the public health;

(ff) requiring persons carrying on various businesses, trades, industries, occupations, or undertakings, to be licensed or registered or to obtain a permit and without limiting the generality of the foregoing;

(i) persons who operate public premises where food is prepared for consumption, served for consumption, or consumed;

(ii) persons who operate premises where food or food products are processed or prepared for human consumption or are consumed;

(iii) persons who operate premises other than hospitals licensed under The Hospitals Act, and who undertake the care and treatment of patients and that are not under the supervision of The Manitoba Health Services Commission;

(iv) persons who carry on any trade, business, or industry, that is declared by the regulations to be noxious or offensive;

(v) persons who carry on or operate any other business, trade, or industry,, that is subject to the regulations;

and prescribing the terms and conditions under which the licence or permit is granted or the registration permitted, and the fee payable therefor, and respecting cancellation, revocation, or suspension of any such licence, permit, or registration, and prohibiting the carrying on or operation of any such business, occupation, trade, industry, or undertaking, without a valid subsisting licence or permit or registration;

(gg) respecting the destruction of rodent pests, insect pests, and vermin of all kinds, and the methods and chemicals used in destroying them or controlling them;

(hh) respecting the confinement and disposition of diseased or injured animals and the disposition of dead animals, including fixing the responsibility for disposing of an animal on any public authority, the owner, or the person causing the death;

(ii) respecting the interment of dead bodies and preparation and transportation of dead bodies for funeral services and burial, and the regulation and inspection of undertaking establishments, morgues, and other places used in connection therewith;

(jj) respecting the use, or prohibiting the use, of fluoroscopic shoe fitting devices or other fluoroscopic or x-ray devices for non-medical use in respect of humans;

(kk) respecting the medical and dental inspection of children;

(ll) respecting the qualifications, functions, duties and jurisdiction of medical officers of health, public health nurses and public health inspectors;

(mm) prescribing certificates or other means of identification for medical officers of health, public health nurses and public health inspectors;

(nn) respecting means of preventing accidental injury or death, and prescribing safety measures in respect of matters not dealt with specifically under any other Act of the Legislature;

(oo) prescribing forms for use under this Act.

Application of regulations.

29

A regulation may be made to apply to the whole or any part of the province.

Service by registered or certified mail.

30

Where under this Act or a regulation made thereunder notice is required to be given to any person and the manner of giving the notice is not set out or provided for in this or another Act of the Legislature, the notice may be given by registered mail or certified mail addressed to the person at the latest address known for him to the department.

By-laws of municipality.

31(1)

Subject to subsection (2), nothing in this Act or the regulations affects or impairs the validity of a by-law of a municipality relating to any of the matters dealt with in this Act or the regulations except in so far as the by-law is contrary to, or is in conflict with, or inconsistent with, this Act or the regulations: and in case of any conflict, inconsistency or repugnancy between a by-law of a municipality and this Act or a regulation, this Act or the regulation prevails.

By-laws suspended.

31(2)

A by-law or regulation of a municipality or any provision of a by-law or regulation of a municipality that is in any manner in conflict with, repugnant to, or inconsistent with this Act or the regulations or any provision of this Act or the regulations is suspended and of no effect.

Repugnancy of by-laws.

31(3)

A by-law that imposes further restrictions or requires further conditions than this Act or the regulations is not, solely by reason thereof, repugnant to or in conflict with or inconsistent with this Act or the regulations.

Exemption from vaccination, inoculation or treatment.

32

The following persons are exempt from vaccination, inoculation or medical treatment:

(a) a person who makes a statement in writing that he believes that vaccination, inoculation, or medical treatment for the prevention or cure of disease is prejudicial to health or that his religious beliefs are opposed to it, and furnishes the statement to the medical officer of health;

(b) a child or ward of any such person.

OFFENCES AND PENALTY

General penalty.

33(1)

A person who contravenes or fails to comply with any provision of this Act or the regulations, or who disobeys or fails to comply with or carry out an order or direction lawfully made or given under this Act or the regulations, is guilty of an offence and liable, on summary conviction, to a fine not exceeding $500. or to imprisonment for a term not exceeding three months, or to both.

Continuing offence.

33(2)

A violation of this Act or the regulations, or a failure to comply with this Act or the regulations or an order or direction lawfully made or given under this Act or the regulations that continues for more than one day, constitutes a separate offence on each day during which it continues.

Obstruction of officer.

33(3)

A person who wilfully obstructs an officer acting in pursuance of this Act or of the regulations in the discharge of his duty is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100. or to imprisonment for a term not exceeding one month, or to both.

Selling biological products.

33(4)

Every person who sells either publicly or privately any biological product that has been supplied to him free of charge by or through the minister is guilty of an offence and is liable, on summary conviction, to a fine of $100. or to imprisonment for a period of one month, or to both.

Quashing of convictions.

34

No warrant, order, or conviction, or other proceeding, matter, or thing, done, issued, or transacted, in or relating to the execution of this Act, shall be vacated, quashed, or set aside, for want of form.

Prosecutions by department.

35

No prosecution or proceeding for violations of this Act or a regulation, or an order or direction made hereunder, shall be instituted by an officer of the department without the written consent of the minister.

Disposition of penalty.

36

Every fine recovered under this Act upon a prosecution brought by, or at the instance of, an officer of a municipality shall be paid to the municipality in which the offence was committed: and every fine recovered upon any other prosecution shall be paid to the Minister of Finance.

EVIDENCE

Certificate of Director of Provincial Laboratory.

37(1)

In any action, prosecution, proceeding or hearing under this Act, or for the purpose of enforcing this Act or the regulations, the certificate of the Director of the Provincial Laboratory in the department as to whether or not any substance, material or object indicates the occurrence of a communicable disease is prima facie proof of the facts set out in the certificate.

Certificate respecting tuberculosis.

37(2)

In any action, prosecution, proceeding, or hearing under this Act, or for the purpose of enforcing this Act or the regulations, the certificate of

(a) the Medical Director of The Sanatorium Board of Manitoba: or

(b) the director of preventive medical services employed by the government under the minister;

as to whether or not the person named in the certificate has infectious tuberculosis, is prima facie proof that that person has or has not infectious tuberculosis, as the case may be.

Certificate of Provincial Chemist.

37(3)

In any action, prosecution, proceeding, or hearing under this Act, or for the purpose of enforcing this Act or the regulations, the certificate of the Provincial Chemist in the department as to the chemical analysis of any substance, material, or object or as to whether any substance, material, or object contains, is affected by or carries, any impurity or contaminant is prima facie proof of the facts set out in the certificate.

Where examination and treatment not an assault.

38

A physical examination, inoculation, vaccination, or medical treatment, administered in compliance with this Act or the regulations, or in compliance with an order lawfully made under this Act or the regulations, by a duly qualified medical practitioner to a person, whether that person consents or not, and whether that person is an adult or a minor, does not constitute an assault against that person.

EXPENSES

Costs payable from Consolidated Fund.

39(1)

Subject to subsection (2), the costs of administering this Act shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.

Expenses of medical officer of health.

39(2)

All expenses incurred by a medical officer of health, a public health nurse, or a public health inspector in a municipality or a part thereof that is not in a health unit in the performance of his duties and functions, or in the exercise of his authority, under this Act or the regulations, or under any other Act of the Legislature or any regulations made thereunder, shall be paid by the municipality forthwith upon the presentation of the written certificate of the medical officer of health.