Acts and Regulations

P-22.4 - Public Health Act

Full text
Seizure and destruction
7(1)A medical officer of health, a public health inspector or an agri-food inspector who believes on reasonable grounds that a condition of any substance, thing, plant or animal other than a human is a health hazard may seize or cause the seizure of the substance, thing, plant or animal.
7(2)A medical officer of health, a public health inspector or an agri-food inspector shall detain a substance, thing, plant or animal seized under subsection (1) pending such examination or inspection as is necessary in his or her opinion to determine the existence of the health hazard.
7(3)Where the examination or inspection of a substance, thing, plant or animal seized under subsection (1) indicates that a health hazard is not present, a medical officer of health, a public health inspector or an agri-food inspector shall notify the owner or person from whom it was seized and shall release it to the owner or person.
7(4)If the owner or person from whom a substance, thing, plant or animal was seized does not reclaim it within three working days after receiving notification under subsection (3), a medical officer of health, a public health inspector or an agri-food inspector may cause it to be disposed of or destroyed.
7(5)Where an examination or investigation of a substance, thing, plant or animal seized under subsection (1) indicates that a health hazard is present, a medical officer of health, a public health inspector or an agri-food inspector shall destroy it, dispose of it or take such other action as the officer or inspector considers necessary to eliminate or decrease the health hazard.
7(6)The Minister may recover from the owner or person from whom a substance, animal, plant or thing was seized and which was subsequently found to be a health hazard, the cost of the destruction, disposal or such other action as was taken to eliminate or decrease the health hazard and sections 10 and 11 apply with the necessary modifications.
7(7)When food is seized under this section and a medical officer of health, a public health inspector or an agri-food inspector believes on reasonable grounds that the condition of the food is a health hazard, subsections (2) to (4) do not apply and he or she may destroy or dispose of the food or cause it to be disposed of or destroyed without further examination or inspection.
2017, c.42, s.6
Seizure and destruction
7(1)A medical officer of health or a public health inspector who is of the opinion, upon reasonable and probable grounds, that a condition of any substance, thing, plant or animal other than man is a health hazard, may seize or cause the seizure of the substance, thing, plant or animal.
7(2)A medical officer of health or public health inspector shall detain a substance, thing, plant or animal seized under subsection (1) pending such examination or inspection as is necessary in his or her opinion to determine the existence of the health hazard.
7(3)Where the examination or inspection of a substance, thing, plant or animal seized under subsection (1) indicates that a health hazard is not present, a medical officer of health or public health inspector shall notify the owner or person from whom it was seized and shall release it to the owner or person.
7(4)If the owner or person from whom a substance, thing, plant or animal was seized does not reclaim it within three working days after receiving notification under subsection (3), a medical officer of health or a public health inspector may cause it to be disposed of or destroyed.
7(5)Where an examination or investigation of a substance, thing, plant or animal seized under subsection (1) indicates that a health hazard is present, a medical officer of health or public health inspector shall destroy it, dispose of it or take such other action as the officer or inspector considers necessary to eliminate or decrease the health hazard.
7(6)The Minister may recover from the owner or person from whom a substance, animal, plant or thing was seized and which was subsequently found to be a health hazard, the cost of the destruction, disposal or such other action as was taken to eliminate or decrease the health hazard and sections 10 and 11 apply with the necessary modifications.
7(7)Where food is seized under this section and a medical officer of health or public health inspector is of the opinion, upon reasonable and probable grounds, that the condition of the food is a health hazard, subsections (2) to (4) do not apply and the officer or inspector may destroy or dispose of the food or cause it to be disposed of or destroyed without further examination or inspection.