Acts and Regulations

P-22.4 - Public Health Act

Section 6
Disposition versions

Full text
Order respecting health hazard
6(1)Subject to subsection (2), a medical officer of health or a public health inspector 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 health hazard.
6(2)A medical officer of health or a public health inspector may make an order under this section if he or she believes on reasonable grounds,
(a) that a health hazard exists, and
(b) that the requirements specified in the order are necessary to prevent or decrease the effect of or to eliminate the health hazard.
6(3)In an order under this section, a medical officer of health or a public health inspector 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.
6(4)An order under this section may include, but is not limited to,
(a) requiring the vacating of premises,
(b) requiring the owner or occupier of premises to close the premises or a specific part of the premises,
(c) requiring the placarding of premises to give notice of an order requiring the closing of the premises,
(d) requiring the doing of work specified in the order in, on or about the premises specified in the order,
(e) requiring the removal of anything that the order states is a health hazard from the premises or the environs of the premises specified in the order,
(f) requiring the isolation or detention of any thing specified in the order in accordance with such terms and conditions as are specified in the order,
(g) requiring the cleaning or disinfecting, or both, of the premises or the thing specified in the order,
(h) requiring the destruction of the matter or thing specified in the order,
(i) prohibiting or regulating the manufacturing, processing, preparation, storage, handling, display, transportation, sale, offering for sale or distribution of any food or thing, or
(j) prohibiting or regulating the use of any premises or thing.
6(5)An order under this section that requires the closing of premises is an order
(a) to shut the premises so as to prevent the entrance or access to premises by any person, and
(b) to suspend the operation of any enterprise or activity on or in the premises
except by such persons or for such purposes as are specified in the order.
6(6)An order under this section may be directed to a person
(a) who owns or who is the occupier of any premises,
(b) who owns or is in charge of any substance, thing, plant or animal or any solid, liquid, gas or combination of them, or
(c) who is engaged in or administers an enterprise or activity in or on any premises.
6(7)An order under this section is not effective unless the reasons for the order are set out in the order.
6(8)Where the delay necessary to put an order under this section in writing will or is likely to increase substantially the hazard to the health of any person, a medical officer of health or public health inspector may make the order orally and subsection (7) does not apply.
6(9)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 within seventy-two hours after making of the oral order, but a failure to comply with this subsection does not invalidate the order.
6(10)It is sufficient in an order under this section to direct the order to a person or persons described in the order and an order under this section is not invalid by reason only of the fact that a person to whom the order is directed is not named in the order.
6(11)A medical officer of health or a public health inspector who makes an order under this section may require the person to whom the order is directed to communicate the contents of the order to other persons as specified by the officer or inspector and the person shall communicate the contents of the order as required by the officer or inspector.
6(12)Nothing in Part III prevents the making of an order under this section in relation to a premises, substance, thing, plant or animal other than a human, a solid, liquid, gas or any combination of them, that is or may be infected with a notifiable disease or that is or may be contaminated with an agent of a notifiable disease, as the case may be.
6(13)A person to whom an order is directed under this section shall comply with the order.
2017, c.42, s.5
Order respecting health hazard
6(1)Subject to subsection (2), a medical officer of health or a public health inspector 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 health hazard.
6(2)A medical officer of health or a public health inspector may make an order under this section where he or she is of the opinion, upon reasonable and probable grounds,
(a) that a health hazard exists, and
(b) that the requirements specified in the order are necessary to prevent or decrease the effect of or to eliminate the health hazard.
6(3)In an order under this section, a medical officer of health or a public health inspector 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.
6(4)An order under this section may include, but is not limited to,
(a) requiring the vacating of premises,
(b) requiring the owner or occupier of premises to close the premises or a specific part of the premises,
(c) requiring the placarding of premises to give notice of an order requiring the closing of the premises,
(d) requiring the doing of work specified in the order in, on or about the premises specified in the order,
(e) requiring the removal of anything that the order states is a health hazard from the premises or the environs of the premises specified in the order,
(f) requiring the isolation or detention of any thing specified in the order in accordance with such terms and conditions as are specified in the order,
(g) requiring the cleaning or disinfecting, or both, of the premises or the thing specified in the order,
(h) requiring the destruction of the matter or thing specified in the order,
(i) prohibiting or regulating the manufacturing, processing, preparation, storage, handling, display, transportation, sale, offering for sale or distribution of any food or thing, or
(j) prohibiting or regulating the use of any premises or thing.
6(5)An order under this section that requires the closing of premises is an order
(a) to shut the premises so as to prevent the entrance or access to premises by any person, and
(b) to suspend the operation of any enterprise or activity on or in the premises
except by such persons or for such purposes as are specified in the order.
6(6)An order under this section may be directed to a person
(a) who owns or who is the occupier of any premises,
(b) who owns or is in charge of any substance, thing, plant or animal or any solid, liquid, gas or combination of them, or
(c) who is engaged in or administers an enterprise or activity in or on any premises.
6(7)An order under this section is not effective unless the reasons for the order are set out in the order.
6(8)Where the delay necessary to put an order under this section in writing will or is likely to increase substantially the hazard to the health of any person, a medical officer of health or public health inspector may make the order orally and subsection (7) does not apply.
6(9)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 within seventy-two hours after making of the oral order, but a failure to comply with this subsection does not invalidate the order.
6(10)It is sufficient in an order under this section to direct the order to a person or persons described in the order and an order under this section is not invalid by reason only of the fact that a person to whom the order is directed is not named in the order.
6(11)A medical officer of health or a public health inspector who makes an order under this section may require the person to whom the order is directed to communicate the contents of the order to other persons as specified by the officer or inspector and the person shall communicate the contents of the order as required by the officer or inspector.
6(12)Nothing in Part III prevents the making of an order under this section in relation to a premises, substance, thing, plant or animal other than man, a solid, liquid, gas or any combination of them, that is or may be infected with a communicable disease or that is or may be contaminated with an agent of a communicable disease, as the case may be.
6(13)A person to whom an order is directed under this section shall comply with the order.