Order respecting notifiable disease – individual
2017, c.42, s.39; 2022, c.25, s.2
33(1)Subject to subsection (2), a medical officer of health by a written order may require a person to take or refrain from taking any action that is specified in the order in respect of a notifiable disease.
33(2)A medical officer of health may make an order under this section if the medical officer of health believes on reasonable grounds,
(a)
that a notifiable disease exists or may exist in a health region,
(b)
that the notifiable disease presents a risk to health in the health region, and
(c)
that the requirements specified in the order are necessary to prevent, decrease or eliminate the risk to health presented by the notifiable disease.
33(3)In an order under this section, a medical officer of health may specify the time or times when or the period or periods of time within which the person to whom the order is directed must comply with the order.
33(4)An order may provide for any action that the medical officer of health considers necessary to prevent, decrease or eliminate the risk to health presented by a notifiable disease, including requiring any person that the order states has or may have a notifiable disease or is or may be infected with an agent of a notifiable disease to do any or all of the following without delay:
(a)
isolate themselves and remain in isolation from other persons;
(b)
submit to an examination by a medical practitioner or a nurse practitioner and deliver to the medical officer of health a report by the medical practitioner or the nurse practitioner as to whether or not the person has a notifiable disease or is infected with an agent of a notifiable disease;
(c)
place themselves under the care and treatment of a medical practitioner or a nurse practitioner; or
(d)
conduct themselves in such a manner as not to expose another person to infection.
33(5)An order under this section is not effective unless the reasons for the order are set out in the order.
33(6)Where the delay necessary to put an order under this section in writing will or is likely to increase substantially the risk to the health of any person presented by the notifiable disease, a medical officer of health may make the order orally and subsection (5) does not apply.
33(7)Where an oral order is made under this section, the contents of the order and the reasons for the order shall be put into writing and served on each person to whom the order was directed as soon as possible after making of the oral order, but a failure to comply with this subsection does not invalidate the order.
33(8)A person to whom an order is directed under this section shall comply with the order.
2017, c.42, s.40; 2022, c.25, s.3