Acts and Regulations

P-22.4 - Public Health Act

Section 43
Disposition versions

Full text
Rights of entry and inspections
43(1)A medical officer of health or an inspector may, for the purpose of this Act, for the purpose of ensuring compliance with any provision of this Act or the regulations or for the purpose of exercising a power or carrying out of a duty under this Act or the regulations, do any of the following:
(a) enter and have access to, through or over any premises;
(b) make inspections, examinations, tests and inquiries;
(c) make or require the making of copies or extracts of documents or records related to an examination, inspection, test or inquiry;
(d) take or require the taking of samples related to an inspection, examination, test or inquiry;
(e) require the production of any substance, thing, plant or animal other than a human for the purpose of an inspection, examination, test or inquiry;
(f) make or cause to be made any necessary excavations for the purposes of an inspection, examination, test or inquiry;
(g) require that any thing be dismantled, operated, used or set in motion under specified conditions for the purposes of an inspection, examination, test or inquiry.
43(2)The authority under subsection (1) shall be exercised only at reasonable times.
43(3)A medical officer of health or an inspector shall not enter a private dwelling under subsection (1) unless the officer or inspector
(a) has the consent of the occupier,
(b) has obtained a warrant under the Entry Warrants Act, or
(c) is acting in an emergency situation.
43(4)Before or after attempting to enter or have access to, through or over any premises for a purpose mentioned in subsection (1), a medical officer of health or an inspector may apply to a judge for an entry warrant under the Entry Warrants Act.
43(5)A medical officer of health or an inspector may request the assistance of a peace officer for the purposes of subsection (1) and the peace officer shall assist the officer or inspector.
2017, c.42, s.49
Rights of entry and inspections
43(1)A medical officer of health or a public health inspector may, for the purpose of this Act, for the purpose of ensuring compliance with any provision of this Act or the regulations or for the purpose of exercising a power or carrying out of a duty under this Act or the regulations, do any of the following:
(a) enter and have access to, through or over any premises;
(b) make inspections, examinations, tests and inquiries;
(c) make or require the making of copies or extracts of documents or records related to an examination, inspection, test or inquiry;
(d) take or require the taking of samples related to an inspection, examination, test or inquiry;
(e) require the production of any substance, thing, plant or animal other than man for the purpose of an inspection, examination, test or inquiry;
(f) make or cause to be made any necessary excavations for the purposes of an inspection, examination, test or inquiry;
(g) require that any thing be dismantled, operated, used or set in motion under specified conditions for the purposes of an inspection, examination, test or inquiry.
43(2)The authority under subsection (1) shall be exercised only at reasonable times.
43(3)A medical officer of health or a public health inspector shall not enter a private dwelling under subsection (1) unless the officer or inspector
(a) has the consent of the occupier,
(b) has obtained a warrant under the Entry Warrants Act, or
(c) is acting in an emergency situation.
43(4)Before or after attempting to enter or have access to, through or over any premises for a purpose mentioned in subsection (1), a medical officer of health or public health inspector may apply to a judge for an entry warrant under the Entry Warrants Act.
43(5)A medical officer of health or public health inspector may request the assistance of a peace officer for the purposes of subsection (1) and the peace officer shall assist the officer or inspector.
Rights of entry and inspections
43(1)A medical officer of health or a public health inspector may, for the purpose of this Act, for the purpose of ensuring compliance with any provision of this Act or the regulations or for the purpose of exercising a power or carrying out of a duty under this Act or the regulations, do any of the following:
(a) enter and have access to, through or over any premises;
(b) make inspections, examinations, tests and inquiries;
(c) make or require the making of copies or extracts of documents or records related to an examination, inspection, test or inquiry;
(d) take or require the taking of samples related to an inspection, examination, test or inquiry;
(e) require the production of any substance, thing, plant or animal other than man for the purpose of an inspection, examination, test or inquiry;
(f) make or cause to be made any necessary excavations for the purposes of an inspection, examination, test or inquiry;
(g) require that any thing be dismantled, operated, used or set in motion under specified conditions for the purposes of an inspection, examination, test or inquiry.
43(2)The authority under subsection (1) shall be exercised only at reasonable times.
43(3)A medical officer of health or a public health inspector shall not enter a private dwelling under subsection (1) unless the officer or inspector
(a) has the consent of the occupier,
(b) has obtained a warrant under the Entry Warrants Act, or
(c) is acting in an emergency situation.
43(4)Before or after attempting to enter or have access to, through or over any premises for a purpose mentioned in subsection (1), a medical officer of health or public health inspector may apply to a judge for an entry warrant under the Entry Warrants Act.
43(5)A medical officer of health or public health inspector may request the assistance of a peace officer for the purposes of subsection (1) and the peace officer shall assist the officer or inspector.