68 Service
of documents
69 Validity
of documents
70 Intoxicating
gas or vapour
71 Obstruction
72 Destruction
of notice
73 Penalty
74 Publishing
contraventions
75 Paramountcy
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “biological
agent” includes sera, immune globulins, vaccines and toxoids;
(b) “Board”
means the Public Health Appeal Board established under section 3;
(c) “carrier”
means a person who, without apparent symptoms of a communicable disease,
harbours and may disseminate an infectious agent;
(d) “certificate”
means a compulsory examination and treatment certificate;
(e) “Chief
Medical Officer” means the Chief Medical Officer of Health appointed by the
Minister under section 13;
(f) “communicable
disease” means an illness in humans that is caused by an organism or micro‑organism
or its toxic products and is transmitted directly or indirectly from an
infected person or animal or the environment;
(g) “community
health nurse” means a registered nurse within the meaning of the Health Professions Act who is employed or
engaged by a regional health authority or a provincial health board established
under the Regional Health Authorities Act
or the Department to provide public health services;
(h) “contact”
means any person or animal suspected to have been in association with an
infected person or animal or a contaminated environment to a sufficient degree
to have had the opportunity to become infected;
(i) “contamination”
means the presence of an infectious agent on a body surface, or on or in an
inanimate article or substance including food;
(j) “council”
means
(i) the council of a city, town, village, summer village, municipal
district or Metis settlement,
(ii) in the case of an improvement district, the Minister responsible
for the Municipal Government Act or a
person that Minister designates in writing for the purpose, and
(iii) in the case of a special area, the Minister responsible for the Special Areas Act or a person that
Minister designates in writing for the purpose;
(k) “Department”
means the Department of which the Minister is charged with the administration;
(l) “Deputy
Chief Medical Officer” means the Deputy Chief Medical Officer of Health
appointed by the Minister under section 13;
(m) “disinfection”
means the destruction of infectious agents outside the body by any means;
(n) “disinfestation”
means the destruction or removal, by any physical or chemical process, of
animal forms present on domestic animals or humans or in the environment;
(o) “epidemic”
means the occurrence in a community of persons of a number of cases of a
communicable disease in excess of normal expectations;
(p) “executive
officer” means an executive officer within the meaning of section 9 or 16;
(q) “facility”
means any place where a person can receive treatment for communicable diseases;
(r) “health
practitioner” means any person who provides health care or treatment to any
person;
(s) “health
region” means a health region established under the Regional Health Authorities Act;
(t) “hospital”
means an approved hospital as defined in the Hospitals Act;
(u) “immunization”
means the administration of a biological agent to a person to increase that
person’s resistance to the effect of an infectious agent or its toxic products;
(v) “infection”
means the entry and multiplication of an infectious agent in the body of a
person or animal;
(w) “infectious
agent” means an organism or micro‑organism that is capable of producing a
communicable disease;
(x) “institution”
means a correctional institution as defined in the Corrections Act, a facility as defined in the Mental Health Act, a nursing home within the meaning of the Nursing Homes Act, and a social care
facility as defined in the Social Care
Facilities Licensing Act;
(y) “isolation”
means the separation of a person or animal infected with a communicable disease
from other persons or animals in a place and under conditions that will prevent
the direct or indirect conveyance of the infectious agent from the infected
person or animal to a susceptible person or animal;
(z) “laboratory”
means a medical diagnostic laboratory where examinations of specimens of blood,
spinal fluid, sputum, stool, urine, gastric washings, exudate or other specimen
or discharge derived from a body are made for the purpose of determining the
presence or absence of an infectious agent;
(aa) “legal
representative” means a lawyer, an executor or administrator of the estate of a
deceased person, the trustee or guardian of a dependent adult under the Dependent Adults Act, the agent
designated in a personal directive made by a person in accordance with the Personal Directives Act and the trustee
or guardian of a minor;
(bb) “medical
officer of health” means a physician appointed by a regional health authority
or designated by the Minister under this Act as a medical officer of health,
and includes the Chief Medical Officer and the Deputy Chief Medical Officer;
(cc) “Minister”
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
(dd) “municipality”
means a city, town, village, summer village, municipal district, improvement
district, special area and Metis settlement;
(ee) “nuisance”
means a condition that is or that might become injurious or dangerous to the
public health, or that might hinder in any manner the prevention or suppression
of disease;
(ee.1) repealed
2005 c13 s8;
(ff) “owner”
means the registered owner, and any person in the actual or apparent possession
or control of land or a premises;
(gg) “prescribed”,
with respect to a form, means a form that
(i) is in the form prescribed in the regulations, or
(ii) is in a form approved by the Chief Medical Officer, where no form
has been prescribed in the regulations;
(hh) “private
place” means
(i) a private dwelling, and
(ii) privately owned land, whether or not it is used in connection
with a private dwelling;
(hh.1) “public
health emergency” means an occurrence or threat of
(i) an illness,
(ii) a health condition,
(iii) an epidemic or pandemic
disease,
(iv) a novel or highly infectious agent or biological toxin, or
(v) the presence of a chemical agent or radioactive material
that poses a significant
risk to the public health;
(ii) “public
place” includes any place in which the public has an interest arising out of
the need to safeguard the public health and includes, without limitation,
(i) public conveyances and stations and terminals used in connection
with them,
(ii) places of business and places where business activity is carried
on,
(iii) learning institutions,
(iv) institutions,
(v) places of entertainment or amusement,
(vi) places of assembly,
(vii) dining facilities and licensed premises,
(viii) accommodation facilities, including all rental accommodation,
(ix) recreation facilities,
(x) medical, health, personal and social care facilities, and
(xi) any other building, structure or place visited by or accessible
to the public;
(jj) “quarantine”
means
(i) in respect of persons or animals, the limitation of freedom of
movement and contact with other persons or animals, and
(ii) in respect of premises, the prohibition against or the limitation
on entering or leaving the premises,
during the incubation
period of the communicable disease in respect of which the quarantine is
imposed;
(kk) “regional
health authority” means a regional health authority established under the Regional Health Authorities Act;
(ll) repealed
2002 c20 s2;
(mm) “school”
means
(i) a school operating under the School
Act,
(ii) a place where an early childhood services program is offered or
provided, and
(iii) a day care facility licensed under the Social Care Facilities Licensing Act;
(nn) “sexually
transmitted diseases clinic” means a clinic operated by the Minister or a
regional health authority for the purposes of prevention and treatment of
sexually transmitted diseases;
(oo) “teacher”
includes an instructor, lecturer, professor, principal, president, supervisor
or superintendent of any school, college, university, technical institute or
other learning institution;
(pp) “terminal
decontamination” means the decontamination of
(i) the clothing of a person,
(ii) the physical environment of a person,
(iii) the contents of the isolation room, and
(iv) any article or piece of equipment used in the diagnosis or
treatment of a person
after
the person has been removed from isolation or has ceased to be a source of
infection or after isolation procedures have been discontinued.
RSA 2000 cP‑37
s1;RSA 2000 cH‑7 s147;
2002 c20 s2;2002 c32 s12;2005 c13 s8
Jurisdiction of regional
health authority
2(1) Where a health unit is disestablished and the
health unit is located in a health region under the Regional Health Authorities Act, then, subject to the regulations
under subsection (2), for the purpose of administering this Act in that part of
the health region that formerly constituted the health unit, the regional
health authority has the power, authority and jurisdiction and is subject to
the duties and obligations that the local board of the health unit had and was
subject to.
(2) The
Lieutenant Governor in Council may make regulations
(a) providing
for the non‑application of provisions of this Act or the regulations
under it in a case where subsection (1) applies,
(b) varying
the application of provisions of this Act or the regulations under it in a case
where subsection (1) applies, and
(c) respecting
any other matters the Lieutenant Governor in Council considers necessary in a
case where subsection (1) applies
for the purposes of facilitating the administration of this
Act in such a case.
1994 cR‑9.07
s25(31)
Part 1
Public Health Appeal Board
Board established
3(1) There is hereby established a Public Health Appeal
Board consisting of not more than 5 members who shall be appointed by the
Lieutenant Governor in Council.
(2) The
Lieutenant Governor in Council shall designate the chair and vice‑chair
of the Board.
(3) The
vice‑chair shall act as chair in the event of the absence or inability to
act of the chair.
(4) The
members of the Board shall elect from their number an alternate vice‑chair,
who shall act as chair in the event of the absence or inability to act of the
chair and vice‑chair.
(5) The
vice‑chair and alternate vice‑chair when acting under subsection
(3) or (4) have the authority and duties of the chair.
(6) The
members of the Board shall be appointed for terms not exceeding 3 years and may
be reappointed for not more than 2 consecutive additional terms, each not
exceeding 3 years.
(7) A
member of the Board continues to hold office after the expiry of the member’s
term until
(a) the
expiration of 30 days, or
(b) the
member’s successor is appointed,
whichever occurs
first.
(8) Three
members constitute a quorum at a meeting of the Board.
(9) The
Board shall meet at the call of the chair or on a resolution of the Board.
(10) The
Board may make rules governing the calling of meetings, the procedure to be
used at meetings and the conduct of the meetings.
(11) Members
of the Board
(a) shall
be paid remuneration at the rates prescribed by the Lieutenant Governor in
Council, and
(b) shall
be paid their reasonable travelling and living expenses while absent from their
ordinary places of residence and in the course of their duties as members of
the Board, at the rates prescribed by the Lieutenant Governor in Council.
(12) The
Minister may provide clerical and secretarial services for the Board.
(13) Repealed 2003 c2 s1(26).
RSA 2000 cP‑37
s3;2003 c2 s1(26)
Duties of Board
4(1) The Board shall hear appeals pursuant to
section 5.
(2) The Board may engage the services of persons
having special technical, professional or other knowledge to assist it in the
hearing of appeals.
1984 cP‑27.1
s3;1998 c38 s5
Appeal to Board
5(1) In this section, “decision of a regional health
authority” means
(a) an
order issued under section 62, and
(b) a
decision to issue or to cancel, suspend or refuse to issue a licence, permit or
other approval provided for in the regulations, and any other decision in
respect of which an appeal to the Board is permitted under the regulations,
whether any of those decisions is made by the regional health authority itself
or one of its employees or agents.
(2) A
person who
(a) is
directly affected by a decision of a regional health authority, and
(b) feels
himself or herself aggrieved by the decision
may appeal the
decision to the Board.
(3) The
person referred to in subsection (2) shall commence the appeal by serving a
notice of appeal in the prescribed form on the Board and the regional health
authority within 10 days after receiving notice of the decision complained of,
and the notice of appeal is sufficiently served if it is left at an office of
the Board or regional health authority.
(4) Subject
to subsections (5) and (6), the Board shall, if it is satisfied that the
requirements of subsection (2) have been met, hear the appeal within 30 days
after receiving the notice of appeal.
(5) Where
the Board is satisfied that the appellant and the regional health authority, or
either of them, have not made a reasonable effort to resolve the matters in
dispute between them, it may refer the matter to the regional health authority
for further consideration and redetermination.
(6) Where
the Board refers a matter to the regional health authority under subsection
(5), the Board may prescribe a time period within which the regional health
authority must deal with the matter and may give to the regional health
authority any other directions it considers appropriate.
(7) The
Board shall provide the appellant, the regional health authority and, in a case
where the decision or order appealed from was made by an employee or agent of
the regional health authority, that employee or agent, an opportunity to appear
and make representations orally or in writing, or both orally and in writing.
(8) The
appellant, the regional health authority and, where the decision or order
appealed from was made by an employee or agent of the regional health
authority, that employee or agent, may be represented by counsel.
(9) Notwithstanding
subsections (3) and (4), the Board may, if it considers it appropriate to do
so, extend the time within which an appeal may be taken under subsection (3) or
within which the Board must act under subsection (4).
(10) For
the purposes of conducting an appeal under this section, the Board has all of
the powers, privileges and immunities of a commissioner appointed under the Public Inquiries Act.
(11) The Board may confirm, reverse or vary the
decision of the regional health authority and shall give written notice of its
decision to the appellant and the regional health authority.
1984 cP‑27.1
s4;1996 c31 s24
Stay pending appeal
6 An appeal taken pursuant to section 5 does not
operate as a stay of the decision appealed from except so far as the chair or
vice‑chair of the Board so directs.
1984 cP‑27.1 s5
Annual report
7(1) The Board shall make a report in each year to
the Minister summarizing generally its activities and affairs in the preceding
year.
(2) On receiving the report under subsection (1),
the Minister shall lay a copy of it before the Legislative Assembly if it is
then sitting, and if it is not then sitting, within 15 days after the
commencement of the next sitting.
1984 cP‑27.1
s6;1998 c38 s6
Part 2
Administration
Alteration and
disestablishment
8 The order disestablishing a health unit
may contain any provisions the Lieutenant Governor in Council considers
necessary
(a) to
provide for the transfer of the assets and property of the local board of the
health unit to a regional health authority under the Regional Health Authorities Act,
(b) to
provide for the assumption of liabilities and obligations of the local board of
the health unit by a regional health authority under the Regional Health Authorities Act, and
(c) to facilitate the taking over of the affairs
of the health unit by a regional health authority under the Regional Health Authorities Act.
1984 cP‑27.1
s10;1988 c41 s4;1994 cR‑9.07 s25(31);1996 c31 s5
Staff
9(1) A regional health authority shall appoint a
person as a medical officer of health and persons as executive officers for the
regional health authority for the purpose of carrying out this Act and the
regulations.
(2) The
Minister may appoint a person as a medical officer of health for a regional
health authority if the regional health authority fails to do so.
(3) A person who is appointed as a medical officer
of health under this section is, by virtue of the appointment, also an
executive officer.
1984 cP‑27.1
s17;1996 c31 s6;1998 c38 s7
Provision of services by
RHA
10 A regional health authority shall provide the
health promotional, preventive, diagnostic, treatment, rehabilitative and
palliative services, supplies, equipment and care that the regulations require
it to provide.
1984 cP‑27.1
s20;1996 c31 s8
11 Repealed 2005 c13 s8.
Provision of services by
Minister
12 The Minister may provide to any person
any health promotional, preventive, diagnostic, treatment, rehabilitative or
palliative services, supplies, equipment and care and any drugs, medicines and
biological agents prescribed in the regulations.
1984 cP‑27.1
s22;1996 c31 s10
Chief Medical Officer
13(1) The Minister may appoint a person as Chief
Medical Officer of Health and a person as Deputy Chief Medical Officer of
Health for the purposes of this Act.
(2) The
Deputy Chief Medical Officer may act in the place of the Chief Medical Officer
during the Chief Medical Officer’s temporary absence or temporary inability to
act.
(3) The Chief Medical Officer may in writing
delegate to the Deputy Chief Medical Officer any power, duty or function
conferred or imposed on the Chief Medical Officer under this Act or the
regulations.
1998 c38 s8
Powers of Chief Medical
Officer
14(1) The Chief Medical Officer
(a) shall,
on behalf of the Minister, monitor the health of Albertans and make
recommendations to the Minister and regional health authorities on measures to
protect and promote the health of the public and to prevent disease and injury,
(b) shall
act as a liaison between the Government and regional health authorities,
medical officers of health and executive officers in the administration of this
Act,
(c) shall
monitor activities of regional health authorities, medical officers of health
and executive officers in the administration of this Act, and
(d) may
give directions to regional health authorities, medical officers of health and
executive officers in the exercise of their powers and the carrying out of
their responsibilities under this Act.
(2) Where
the Chief Medical Officer is of the opinion that a medical officer of health or
executive officer is not properly exercising powers or carrying out duties
under this Act in respect of a matter, the Chief Medical Officer may assume the
powers and duties of the medical officer of health or executive officer in
respect of the matter and act in that person’s place.
(3) Where
the Chief Medical Officer decides to act under subsection (2), the Chief
Medical Officer shall forthwith give a notice in writing setting out the
reasons why the Chief Medical Officer has so decided to
(a) the
medical officer of health or executive officer,
(b) where
applicable, the regional health authority by whom the medical officer or
executive officer is employed or for whom the medical officer of health or
executive officer acts as agent, and
(c) the Minister.
1998 c38 s8
Diseases under
surveillance
15(1) Where
(a) a
disease is not prescribed as a notifiable disease under the regulations, and
(b) the
Chief Medical Officer considers that it is advisable to keep the disease under
surveillance in order to assess the impact of the disease and the need for
further intervention under this Act,
the Chief Medical
Officer may by notice in writing require a medical officer of health, a
physician or a director of a laboratory to provide to the Chief Medical Officer
at the times and in the manner set out in the notice any information in respect
of the disease that is set out in the notice.
(2) A person who receives a notice under subsection
(1) shall comply with it.
1998 c38 s8
Order making Act
applicable
15.1(1) Notwithstanding
anything in this Act, the Minister may, on the advice of the Chief Medical
Officer, by order, make any provision of this Act or the regulations applicable
in respect of a particular disease if the Minister is satisfied that the
disease presents a serious threat to public health.
(2) The Regulations Act does not
apply in respect of an order referred to in subsection (1).
2002 c32 s12
Administrative powers
16(1) The Minister may designate a physician as a
medical officer of health for the purpose of Part 3.
(2) A
person who is designated as a medical officer of health under subsection (1)
is, by virtue of the appointment, also an executive officer.
(3) The Minister may designate a person employed in
the Department as an executive officer for the purposes of this Act.
1984 cP‑27.1
s23;1988 c41 s8;1996 c31 s13;1998 c38 s9
Inspection by Minister
17 The Minister and employees of the Government authorized
by the Minister for the purpose may
(a) make
inquiries into the management and affairs of a regional health authority,
(b) enter
and inspect any place under the jurisdiction of a regional health authority,
and
(c) examine
the records of a regional health authority
for the purpose of verifying the accuracy of reports and
ensuring that this Act and the regulations are complied with.
1984 cP‑27.1
s30;1996 c31 s15
Provision of information
18(1) Where a medical officer of health reasonably
believes that a person has engaged in or is engaging in any activity that is
causing or may cause a threat to the health of the public or a class of the
public, the medical officer of health may by notice in writing require the
person to provide to the medical officer of health within the time specified in
the notice any information respecting the activity that is specified in the
notice.
(2) A person who receives a notice under subsection
(1) shall comply with it.
1998 c38 s10
Part 3
Communicable Diseases and
Public Health Emergencies
Information to medical
officer of health
19(1) Where a medical officer of health knows or has
reason to believe
(a) that
a person suffering from a communicable disease is or may be in or has
frequented or may have frequented a public place, or
(b) that
a public place may be contaminated with a communicable disease,
the medical officer of
health may by notice in writing to the person in charge of the public place
require that person to provide to the medical officer of health within the time
specified in the notice any information relating to the public place, the
person and the communicable disease that is specified in the notice.
(2) A person who receives a notice referred to in
subsection (1) shall comply with it.
1998 c38 s12
Information respecting
public health emergency
19.1(1) Where
a medical officer of health
(a) knows
of or has reason to suspect the existence of, or the threat of the existence
of, a public health emergency, and
(b) has
reason to believe that a person has information relevant to the public health
emergency that will assist the medical officer of health in carrying out duties
and exercising powers under section 29 in respect of the public health
emergency,
the medical officer of
health or an executive officer or community health nurse designated for that
purpose by the medical officer of health may, by notice in writing, require the
person who has the information to provide the information that is specified in
the notice to the medical officer of health, executive officer or community
health nurse.
(2) A person who receives a notice
referred to in subsection (1) shall comply with it.
2002 c32 s12
Discovery and treatment
of infection
20(1) Every person who knows or has reason to believe
that the person is or may be infected with a communicable disease prescribed in
the regulations for the purposes of this subsection shall immediately consult a
physician to determine whether the person is infected or not, and if the person
is found to be infected, shall submit to the treatment directed and comply with
any other conditions prescribed by the physician until the physician is
satisfied that the person is not infectious.
(2) Every
person who knows or has reason to believe that the person is or may be infected
with a sexually transmitted disease prescribed in the regulations for the
purposes of this subsection shall immediately consult a physician or attend a
sexually transmitted diseases clinic to determine whether the person is
infected or not, and if the person is found to be infected, shall submit to the
treatment directed and comply with any other conditions prescribed by a
physician until the physician is satisfied that the person is not infectious.
(3) A person is subject to the duties imposed under
subsections (1) and (2) with respect to minor children under the person’s
custody, care or control.
1984 cP‑27.1
s31;1988 c41 s9
Notification of change
of address
21 During a period in which a person or a minor
under the person’s custody, care or control is required by section 20 to submit
to treatment or to comply with conditions, that person shall immediately notify
the consulting physician, the clinic or the medical officer of health of the
regional health authority of any change in the person’s address or the address
of the minor, as the case may be.
1984 cP‑27.1
s32;1988 c41 s10;1996 c31 s24
Notification of
communicable disease
22(1) Where a physician, a health practitioner, a
teacher or a person in charge of an institution knows or has reason to believe
that a person under the care, custody, supervision or control of the physician,
health practitioner, teacher or person in charge of an institution is infected
with a communicable disease prescribed in the regulations for the purposes of
this subsection, the physician, health practitioner, teacher or person in
charge of an institution shall notify the medical officer of health of the
regional health authority
(a) by
the fastest means possible in the case of a prescribed disease that is
designated in the regulations as requiring immediate notification, or
(b) within
48 hours in the prescribed form in the case of any other prescribed disease.
(2) Where
a physician, a nurse practitioner or a midwife knows or has reason to believe
that a person under the care in a hospital of the physician, nurse practitioner
or midwife is infected with a disease to which subsection (1) applies, the
physician, nurse practitioner or midwife shall, in addition to carrying out the
physician’s, nurse practitioner’s or midwife’s responsibilities under
subsection (1), immediately inform the medical director or other person in
charge of the hospital, and the medical director shall notify the medical
officer of health of the regional health authority by telephone or in
accordance with the prescribed form.
(3) Where a physician, a community health nurse, a
nurse practitioner, a midwife or a person in charge of an institution knows or
has reason to believe that a person under the care, custody, supervision or
control of the physician, community health nurse, nurse practitioner, midwife
or person in charge of an institution is infected with a disease referred to in
section 20(2), the physician, community health nurse, nurse practitioner,
midwife or person in charge of an institution shall, within 48 hours, notify
the Chief Medical Officer in the prescribed form.
RSA 2000 cP‑37
s22;2002 c20 s4
Discovery in laboratory
23 Where an examination of a specimen derived from
a human body reveals evidence of a communicable disease, the director of the
laboratory conducting the examination shall,
(a) in
the case of a disease prescribed in the regulations for the purposes of this
clause, notify the medical officer of health of the regional health authority
(i) by the fastest means possible in the case of a prescribed disease
that is designated in the regulations as requiring immediate notification, or
(ii) within 48 hours in the prescribed form or by telephone, in the
case of any other prescribed disease,
and
(b) in the case of a disease referred to in
section 20(2), notify the Chief Medical Officer in the prescribed form within
48 hours.
1984 cP‑27.1
s34;1996 c31 s24;1998 c38 s19
Submission of specimens
to Provincial Laboratory
24 Where examination of a specimen at a
laboratory indicates the existence or possible existence of a communicable
disease prescribed in the regulations for the purposes of this section, the
director of the laboratory conducting the examination shall ensure that a
sample, together with a description of the type of examination that was carried
out, is provided to the Provincial Laboratory of Public Health in accordance
with the regulations.
1998 c38 s13
Disease outside
boundaries
25 Where a medical officer of health receives
notification of a suspected case of a communicable disease referred to in
section 20(1) that occurs outside the boundaries of the health region, that
medical officer of health shall immediately notify the medical officer of
health of the regional health authority of the health region in which the case occurred.
1984 cP‑27.1
s35;1996 c31 s16
Notification of
epidemics and other threats
26 A physician, a health practitioner, a
teacher or a person in charge of an institution who knows of or has reason to
suspect the existence of
(a) a
communicable disease in epidemic form,
(b) another
illness or health condition occurring at an unusually high rate, or
(c) a
communicable disease or another illness or health condition that is caused by a
nuisance or other threat to the public health
shall immediately
notify the medical officer of health of the regional health authority by the
fastest means possible.
RSA 2000 cP‑37
s26;2002 c32 s12
Duty to notify Chief
Medical Officer
27(1) Where
a medical officer of health receives
(a) notification
under section 26(a), or
(b) notification
of a communicable disease that is designated in the regulations as requiring
immediate notification
the medical officer of
health shall immediately notify the Chief Medical Officer by the fastest means
possible.
(2) Where a medical officer of health
receives a notification under section 26(b) or (c) and reasonably believes that
the illness, communicable disease or health condition constitutes a significant
risk to the public health, the medical officer of health shall immediately
notify the Chief Medical Officer by the fastest means possible.
RSA 2000 cP‑37
s27;2002 c32 s12
Weekly summary
28 A regional health authority shall submit to the
Chief Medical Officer a weekly summary in the prescribed form of all cases of
communicable disease referred to in section 20 occurring within the health
region.
1984 cP‑27.1
s38;1996 c31 s17;1998 c38 s19
Isolation, Quarantine and
Special Measures
Isolation and quarantine
29(1) A medical officer of health who knows of or has
reason to suspect the existence of a communicable disease or a public health
emergency within the boundaries of the health region in which the medical
officer of health has jurisdiction may initiate an investigation to determine
whether any action is necessary to protect the public health.
(2) Where
the investigation confirms the presence of a communicable disease, the medical
officer of health
(a) shall
carry out the measures that the medical officer of health is required by this
Act and the regulations to carry out, and
(b) may
do any or all of the following:
(i) take whatever steps the medical officer of health considers necessary
(A) to suppress the disease in those who may
already have been infected with it,
(B) to protect those who have not already been
exposed to the disease,
(C) to break the chain of transmission and
prevent spread of the disease, and
(D) to remove the source of infection;
(ii) by order
(A) prohibit a person from attending a school,
(B) prohibit a person from engaging in the
person’s occupation, or
(C) prohibit a person from having contact with
other persons or any class of persons
for any period and
subject to any conditions that the medical officer of health considers
appropriate, where the medical officer of health determines that the person’s engaging
in that activity could transmit an infectious agent;
(iii) issue written orders for the decontamination or destruction of
any bedding, clothing or other articles that have been contaminated or that the
medical officer of health reasonably suspects have been contaminated.
(2.1) Where the investigation confirms the
existence of a public health emergency, the medical officer of health
(a) has
all the same powers and duties in respect of the public health emergency as he
or she has under subsection (2) in the case of a communicable disease, and
(b) may
take whatever other steps are, in the medical officer of health’s opinion,
necessary in order to lessen the impact of the public health emergency.
(3) A
medical officer of health shall forthwith notify the Chief Medical Officer of
any action taken under subsection (2)(b) or of the existence of a public health
emergency.
(3.1) On being notified of the existence
of a public health emergency under subsection (3) the Chief Medical Officer
shall forthwith notify the Minister.
(4) The jurisdiction of a medical
officer of health extends to any person who is known or suspected to be
(a) infected
with a communicable disease, illness or health condition,
(b) a
carrier,
(c) a
contact,
(d) susceptible
to and at risk of contact with a communicable disease, illness or health
condition, or
(e) exposed
to a chemical agent or radioactive material,
whether or not that
person resides within the boundaries of the health region.
RSA 2000 cP‑37
s29;2002 c32 s12
Entry for examination
30(1) Where a medical officer of health knows or has
reason to believe that
(a) a
person suffering from a communicable disease referred to in section 20 may be
found in any place, or
(b) that
any place may be contaminated with such a communicable disease,
the medical officer of
health may enter that place without a warrant for the purpose of conducting an
examination to determine the existence of the communicable disease.
(2) Where
a medical officer of health is conducting an examination pursuant to subsection
(1), the medical officer of health may
(a) order
the detention of any person, and
(b) order
the closure of the place, including any business that is carried on in it,
until the medical
officer of health has completed the investigation, but not for a period of more
than 24 hours.
(3) When the medical officer of health is not able
to complete the investigation within 24 hours, the medical officer of health
may make an application to a provincial court judge for an order to extend the
period of detention or closure under subsection (2) for an additional period of
not more than 7 days, and the judge may make the order accordingly.
1984 cP‑27.1 s40
Examination
31(1) Where a medical officer of health knows or has
reason to believe that a person may be infected with a communicable disease
referred to in section 20, that person shall, at the request of the medical
officer of health, submit to any examinations necessary to determine whether
the person is infected with the disease.
(2) In conducting an examination pursuant to
subsection (1) to determine the existence of a communicable disease, the
medical officer of health may require from any person who has knowledge of it
the production of any information concerning the disease, including the sources
or suspected sources of the disease and the names and addresses of any persons
who may have been exposed to or become infected with the disease.
1984 cP‑27.1 s41
Notices
32(1) A medical officer of health may cause to be
placed warning notices in the prescribed form in, on, at or near any place in
which a person is isolated or quarantined, or which requires decontamination or
destruction.
(2) No person shall remove a warning notice placed
in accordance with this section unless the person has the consent of a medical
officer of health.
1984 cP‑27.1 s42
Effect of isolation or
quarantine
33(1) Where a person infected with a communicable
disease requires isolation or quarantine as prescribed in the regulations, the
person shall be isolated or quarantined in a hospital or other place approved
for the purpose by a medical officer of health.
(2) No
person who is suffering from a communicable disease for which isolation or
quarantine is required under the regulations shall remain or be permitted to
remain in any public place, other than a hospital or other place approved under
subsection (1), unless the medical officer of health is satisfied that the
presence of the person in the public place would involve no risk to the public
health.
(3) Where
a person is isolated or quarantined in
(a) a
social care facility,
(b) a
food handling establishment, or
(c) living
accommodation attached to a social care facility or food handling
establishment,
the medical officer of
health may, by notice to the owner of the social care facility or food handling
establishment, order the owner not to operate or permit the operation of the
social care facility or food handling establishment until decontamination of
the social care facility or food handling establishment is completed.
(4) Where
a person is isolated or quarantined in a place under circumstances that require
terminal decontamination, the medical officer of health may, by notice to the
owner of the place, order the owner to refuse entry to the place to any person
other than
(a) an
executive officer,
(b) a
medical officer of health, or
(c) a
person with the consent of an executive officer or a medical officer of health
until decontamination is completed.
1984 cP‑27.1 s43
Provision of services
34(1) When a person is isolated or quarantined, the
medical officer of health shall ensure that the person is provided with all
supplies and services necessary for the person’s health and subsistence.
(2) The
medical officer of health shall ensure that any person providing supplies or services pursuant to this section
takes adequate precaution to avoid contracting the communicable disease.
(3) Where the Minister is satisfied that it would
cause undue hardship to require a person to whom supplies or services are provided
under this section to pay for them, the Minister may pay for all or part of the
cost of the supplies or services.
1984 cP‑27.1 s44
Decontamination
35 No person shall
(a) remove
anything from a place in respect of which decontamination is required, or
(b) give,
lend, sell or offer for sale anything that has been exposed to contamination
until decontamination has been completed to the
satisfaction of the medical officer of health.
1984 cP‑27.1 s45
Transportation of
infected person
36 A person transporting another person who that
person knows or has reason to believe is suffering from a communicable disease
requiring isolation or quarantine under the regulations shall inform the
medical officer of health of the regional health authority of the health region
in which the person is being transported and comply with any conditions
respecting the transportation that are prescribed by the medical officer of
health.
1984 cP‑27.1
s46;1996 c31 s19
Epidemics
Notification of epidemic
37(1) When a medical officer of health is of the
opinion that
(a) a
communicable disease is in epidemic form, and
(b) hospital
facilities within the area are inadequate to provide the necessary isolation or
quarantine facilities,
the medical officer of
health shall immediately inform the Minister.
(2) On
the recommendation of the Minister, the Lieutenant Governor in Council
(a) may
order a board of an approved hospital as defined in the Hospitals Act to provide isolation or quarantine accommodation in
the amount and manner prescribed in the order, and
(b) may
order the owner of a facility to provide isolation or quarantine accommodation
in the amount and manner prescribed in the order.
(3) Where an order is made pursuant to subsection
(2)(b), any reasonable expense incurred by the owner of a facility in
compliance with the order is the responsibility of the Crown in right of
Alberta.
1984 cP‑27.1
s47;1996 c31 s20
Order of Lieutenant
Governor in Council
38(1) Where the Lieutenant Governor in Council is
satisfied that a communicable disease referred to in section 20(1) has become
or may become epidemic or that a public health emergency exists, the Lieutenant
Governor in Council may do any or all of the following:
(a) order
the closure of any public place;
(b) subject
to the Legislative Assembly Act and
the Senatorial Selection Act, order
the postponement of any intended election for a period not exceeding 3 months;
(c) in
the case of a communicable disease, order the immunization or re‑immunization
of persons who are not then immunized
against the disease or who do not have sufficient other evidence of immunity to
the disease.
(2) Where
an election is postponed under subsection (1), the order shall name a date for
holding the nominations or polling, or both of them, and nothing in the order
adversely affects or invalidates anything done or the status of any person
during the period of time between the date of the order and the completion of
the election.
(3) Where a person refuses to be immunized pursuant
to an order of the Lieutenant Governor in Council, the person shall be subject
to this Part with respect to the disease concerned as if the person were proven
to be infected with that disease.
RSA 2000 cP‑37
s38;2002 c32 s12
Recalcitrant Patients
Issue of certificate
39(1) Where a physician, community health nurse,
midwife or nurse practitioner knows or has reason to believe that a person
(a) is
infected with a disease prescribed in the regulations for the purposes of this
section, and
(b) refuses
or neglects
(i) to submit
(A) to a medical examination for the purpose of
ascertaining whether the person is infected with that disease, or
(B) to medical, surgical or other remedial
treatment that has been prescribed by a physician and that is necessary to
render the person non‑infectious, or
(ii) to comply with any other conditions that have been prescribed by
a physician as being necessary to mitigate the disease or limit its spread to
others,
the physician,
community health nurse, midwife or nurse practitioner shall immediately notify
the medical officer of health in the prescribed form.
(2) Where
the medical officer of health is satisfied as to the sufficiency of the
evidence that the person may be infected, the medical officer of health shall
issue a certificate in the prescribed form.
(3) A
certificate pursuant to subsection (2) must be issued within 72 hours of the
date of service of the notification pursuant to subsection (1).
(4) Where
the physician referred to in subsection (1) is a medical officer of health in
the health region in which the alleged infected person is located, the
physician may issue the certificate referred to in subsection (2).
(5) A
person in respect of whom a certificate is issued may apply by originating
notice to a judge of the Court of Queen’s Bench at any time for cancellation of
the certificate.
(6) The
originating notice shall be served on
(a) the
medical officer of health who issued the certificate, and
(b) the
chief executive officer of the facility in which the applicant is detained, if
the applicant is under detention at the time of the application,
not less than 2 days
before the motion is returnable.
(7) Notwithstanding
subsection (6), a judge of the Court, on the ex parte application of the person
referred to in subsection (5), may dispense with the service of the originating
notice under subsection (6) or authorize the giving of a shorter period of
notice.
(8) Where
the judge considers it appropriate to do so, the judge may order that the
application under subsection (5) be heard in private.
(9) The judge may grant or refuse the order applied
for and may make any other order the judge considers appropriate.
RSA 2000 cP‑37
s39;2002 c20 s5
Authority of certificate
40(1) A certificate is authority
(a) for
any peace officer to apprehend the person named in it and convey the person to
any facility specified by the medical officer of health within 7 days from the
date the certificate is issued,
(b) for
a physician to conduct an examination on that person in the manner prescribed
in the regulations and to detain the person at the facility for the period
required to obtain the result of the examination,
(c) for
any physician to treat or prescribe treatment for that person in order to
render that person non‑infectious, with or without the consent of the
person, and to detain the person for that purpose, and
(d) for
a physician to prescribe any other conditions necessary to mitigate the disease
or limit its spread to others.
(2) The
medical director of, or in the medical director’s absence the attending
physician at, a facility to which a person is conveyed under subsection (1)
shall ensure that the person is examined under that section within 24 hours
after the person’s arrival at the facility.
(3) Where
a person is detained pursuant to a certificate, the medical director of the
facility in which the person is detained shall forthwith
(a) inform
the person or the person’s guardian, if any, of the reason for the issuance of
the certificate,
(b) advise
the person or the person’s guardian, if any, that the person has a right to
retain and instruct counsel without delay, and
(c) give the person or the person’s guardian, if
any, a copy of section 39.
1984 cP‑27.1
s50;1988 c41 ss13,14
Release
41(1) Subject to subsection (2), a person who is
detained in a facility pursuant to a certificate shall be released not later
than 7 days after the date the person is admitted to the facility pursuant to
the certificate, unless an isolation order is issued under section 44.
(2) A
person who is detained in a facility pursuant to a certificate shall be
released forthwith if the physician who examines the person certifies
(a) that
there is no evidence of active disease, or
(b) that, although there is evidence of active
disease, the physician is satisfied that the person will comply with the
treatment and any other conditions ordered by the physician in a manner that
will ensure the protection of the public health.
1984 cP‑27.1 s51
Notification of release
42 Where a person is released pursuant to section
41, the physician who examined the patient or the medical director of the
facility shall, on the release of the patient, forthwith notify the medical
officer of health who issued the certificate of the circumstances of the
release.
1984 cP‑27.1 s52
Treatment after release
43(1) Where a person is released pursuant to section
41(2)(b), the person shall comply with the treatment and any other conditions
that are prescribed by any physician assigned by the medical director of the
facility.
(2) Where
a person who has been required to submit to treatment or comply with conditions
following the person’s release fails to undergo treatment or comply with the
conditions, a medical officer of health may issue an order in the prescribed
form to a peace officer or other person to apprehend that person and return
that person to the facility.
(3) On
receipt of an order under subsection (2), a peace officer or other person is
empowered to arrest without warrant the person named in it and return that
person to the facility.
(4) Sections 41 and 42 and subsections (1), (2) and
(3) apply to a person who is arrested and returned to a facility under
subsection (3).
1984 cP‑27.1
s53;1988 c41 s15
Isolation order
44(1) Where one physician supported by a laboratory
report demonstrating evidence of an infectious agent certifies or 2 physicians
certify that a person is infected with an organism that produces a disease
prescribed in the regulations for the purposes of this section and that the
person refuses or neglects
(a) to
submit to medical, surgical or other remedial treatment, or
(b) to
comply with any other conditions
that have been
prescribed by a physician as being necessary to mitigate that disease or to
limit its spread to others, the physician or physicians shall each issue an
isolation order in the prescribed form.
(2) Subsection
(1) applies whether or not there is a certificate in existence in respect of
the person who is the subject of the isolation order or orders.
(3) A physician issuing an isolation order shall
forthwith send a copy of the isolation order to the Chief Medical Officer.
1984 cP‑27.1
s54;1988 c41 s16;1998 c38 s19
Authority of isolation
order
45(1) Where isolation is ordered pursuant to section
44 the order or orders are sufficient authority with or without the consent of
the person named in them to observe, examine, care for, treat, obtain
biological specimens from, control and detain the person named in them in a
facility until the person is released under section 46.
(2) A person in respect of whom isolation is
ordered under section 44 shall be re‑examined by a physician at least
once every 7 days to ascertain whether the person may be released under section
46.
1984 cP‑27.1
s55;1988 c41 s17
Cancellation of
isolation order
46(1) Where, after separate examinations by each of
them, 2 physicians are of the opinion that a person in respect of whom
isolation has been ordered under section 44
(a) is
not infectious, or
(b) will
comply with the conditions of the person’s discharge,
the 2 physicians shall
issue an order in the prescribed form cancelling the isolation order.
(2) Immediately on issuing an order cancelling an
isolation order, the physicians who signed the order shall send a copy of it to
the Chief Medical Officer.
1984 cP‑27.1
s56;1988 c41 s18;1998 c38 s19
Warrant for examination
47(1) Any person who has reasonable and probable
grounds to believe that a person
(a) is
infected with a disease prescribed in the regulations for the purpose of this
section, and
(b) refuses
or neglects
(i) to submit
(A) to a medical examination for the purpose of
ascertaining whether the person is infected with the disease, or
(B) to medical, surgical or other remedial
treatment that has been prescribed by a physician and that is necessary to
render the person non‑infectious, or
(ii) to comply with any other conditions that have been prescribed by
a physician as being necessary to mitigate the disease or limit its spread to
others,
may bring an
information under oath before a provincial court judge.
(2) Where
an information is brought before a provincial court judge under subsection (1)
and the judge is satisfied that the person with respect to whom the information
is brought should be examined in the interests of the person’s own health or
the health of others and that the examination cannot reasonably be arranged in
any other way, the judge may issue a warrant in the prescribed form to
apprehend that person for the purpose of the examination.
(3) A
warrant under this section may be directed to any peace officer and shall name
or otherwise describe the person with respect to whom the warrant is issued.
(4) Where a peace officer apprehends a person
pursuant to a warrant under this section, the person is deemed to be a person
in respect of whom a certificate has been issued under section 39.
1984 cP‑27.1
s57;1988 c41 s19
Duty on issue of
isolation order
48 Where a person is detained pursuant to an
isolation order or orders, the medical director of the facility in which the
person is detained shall forthwith
(a) inform
the person or the person’s guardian, if any, of the reason for the issuance of
the isolation order or orders,
(b) advise
the person or the person’s guardian, if any, that the person has a right to
retain and instruct counsel without delay, and
(c) give
the person or the person’s guardian, if any, a copy of section 49.
Application to Court for
cancellation
49(1) A person in respect of whom isolation is
ordered may apply by originating notice to a judge of the Court of Queen’s
Bench at any time for cancellation of the isolation order or orders.
(2) The
originating notice shall be served on
(a) the
physician or physicians who issued the isolation order or orders, and
(b) the
chief executive officer of the facility in which the applicant is a patient
not less than 7 days
before the motion is returnable.
(3) Notwithstanding
subsection (2), a judge of the Court, on the ex parte application of the person
referred to in subsection (1), may dispense with the service of the originating
notice under subsection (2) or authorize the giving of a shorter period of
notice.
(4) Where
the judge considers it appropriate to do so, the judge may order that the
application under subsection (2) be heard in private.
(5) The judge may grant or refuse the order applied
for and may make any other order the judge considers appropriate.
1984 cP‑27.1 s59
Unauthorized absence
50(1) Where a person in respect of whom isolation has
been ordered leaves the facility and leave of absence has not been granted by
the medical director of the facility, the medical director may issue an order
in the prescribed form to a peace officer or other person ordering the return
of the person to the facility.
(2) An
order issued pursuant to subsection (1) is sufficient authority for the person
to whom it is directed to apprehend the person named in it and return the
person to the facility.
(3) A person who is returned to a facility under
this section may be detained until the conditions under section 46 have been
met.
1984 cP‑27.1 s60
Transfer to another
facility
51(1) The medical director of the facility in which a
person is detained may, for reasons of treatment or in compliance with the
person’s wishes, transfer the person to another facility, on completing a
memorandum of transfer in the prescribed form.
(2) Where a person is transferred under subsection
(1), the authority to detain, control and treat the person continues in force
in the facility to which the person is transferred.
1984 cP‑27.1 s61
Leave of absence
52(1) The medical director or an attending physician
at a facility in which a person is detained may grant the person a leave of
absence from the facility subject to any terms and conditions prescribed by the
medical director or attending physician to ensure that the public health is
protected.
(2) Where
a person is on a leave of absence granted under this section and it appears to
the medical director or the attending physician that the person is not
complying with the conditions to which the leave of absence is subject, the
medical director or attending physician may revoke the leave of absence and
recall the person to the facility.
(3) Section 50 applies in the case of a person who
has been recalled under subsection (2) and fails to return to the facility in
accordance with the instructions of the medical director or attending
physician.
1984 cP‑27.1 s62
State of Public Health
Emergency
State of public health
emergency
52.1 Where, on the advice of the Chief Medical
Officer, the Lieutenant Governor in Council is satisfied that
(a) a
public health emergency exists or may exist, and
(b) prompt
co‑ordination of action or special regulation of persons or property is
required in order to protect the public health,
the Lieutenant
Governor in Council may make an order declaring a state of public health
emergency relating to all or any part of Alberta.
2002 c32 s12
Local state of public
health emergency
52.2(1) Where,
on the advice of the medical officer of health and in consultation with the
Chief Medical Officer, a regional health authority is satisfied that
(a) a
public health emergency exists or may exist in the health region, and
(b) prompt
co‑ordination of action or special regulation of persons or property is
required in order to protect the public health,
the regional health
authority may make an order declaring a local state of public health emergency
relating to all or part of the health region.
(2) Where the number of members of a
regional health authority who attend a meeting for the purpose of making an
order under subsection (1) is less than the quorum required under the bylaws
of the regional health authority, the Minister may, notwithstanding the bylaws,
order that the number of members attending constitutes a quorum for the
purposes of the meeting.
2002 c32 s12
Contents order
52.3 An order under section 52.1 or 52.2 must
identify the nature of the public health emergency and the area to which it
relates.
2002 c32 s12
Publication of order
52.4 Immediately after the making of an order
under section 52.1 or 52.2, the Minister or the regional health authority shall
cause the details of the order to be published by any means of communication
that the Minister or regional health authority considers will make the details
of the order known to the majority of the population of the area to which the
order relates.
2002 c32 s12
Notice to Minister
52.5 A regional health authority shall,
forthwith on making an order under section 52.2, provide a copy of the order to
the Minister.
2002 c32 s12
Powers during emergency
52.6(1) On
the making of an order under section 52.1 or 52.2 and during the state of
public health emergency the Minister or the regional health authority may do
any or all of the following for the purpose of preventing, combating or
alleviating the effects of the public health emergency and protecting the
public health:
(a) acquire
or use any real or personal property;
(b) authorize
or require any qualified person to render aid of a type the person is qualified
to provide;
(c) authorize
the conscription of persons needed to meet an emergency;
(d) authorize
the entry into any building or on any land, without warrant, by any person;
(e) provide
for the distribution of essential health and medical supplies and provide,
maintain and co‑ordinate the delivery of health services.
(2) Nothing in this section limits or
abrogates the operation of any other provision in this Act or the regulations
that imposes a duty or confers a power on any person.
2002 c32 s12
Compensation
52.7(1) Where
the Minister or a regional health authority acquires or uses real or personal
property under section 52.6 or where real or personal property is damaged or
destroyed due to the exercise of any powers under that section, the Minister or
regional health authority shall pay reasonable compensation in respect of the
acquisition, use, damage or destruction.
(2) If any dispute arises concerning the
amount of compensation payable under subsection (1) the matter is to be
determined by arbitration, and the Arbitration Act applies in such a
case.
2002 c32 s12
Termination of state of
public health emergency
52.8(1) An
order under section 52.1 lapses at the end of 30 days unless it is sooner
terminated by the Lieutenant Governor in Council or is continued by a
resolution of the Legislative Assembly.
(2) Where, on the advice of the Chief
Medical Officer, the Lieutenant Governor in Council considers that a public
health emergency no longer exists in an area in relation to which an order was
made under section 52.1, the Lieutenant Governor in Council shall make an order
terminating the declaration in respect of that area.
2002 c32 s12
Termination of state of
local public health emergency
52.81(1) The
Minister may cancel an order made under section 52.2 at any time the Minister
considers appropriate in the circumstances.
(2) An order under section 52.2 ceases
to be of any force or effect on the making of an order under section 52.1
relating to the same area of the health region.
(3) An order under section 52.2 lapses
at the end of 30 days unless
(a) it
is sooner cancelled by the Minister or terminated by the regional health
authority, or
(b) it
is renewed for an additional period not exceeding 30 days.
(4) Sections 52.4 and 52.5 apply to the
renewal of an order under section 52.2.
(5) Where, on the advice of the medical
officer of health and in consultation with the Chief Medical Officer, a
regional health authority considers that a public health emergency no longer
exists in an area in relation to which an order under section 52.2 was made,
the regional health authority shall make an order terminating the declaration
in respect of that area.
2002 c32 s12
Publication
52.82 Immediately after an order is made under
section 52.8(2) or 52.81(5), the Minister or regional health authority shall
cause the details of the order to be published by any means of communication
that the Minister or regional health authority considers will make the details
of the order known to the majority of the population of the area affected by
the termination order.
2002 c32 s12
Regulations Act
52.83 The Regulations Act does not apply
to an order made under section 52.1 or 52.2.
2002 c32 s12
Regulations
52.9 The Lieutenant Governor in Council may
make regulations respecting the exercising of powers under section 52.6.
2002 c32 s12
Termination of
employment prohibited
52.91 No person shall terminate the employment
of any other person by reason only of that other person’s having been
conscripted pursuant to section 52.6.
2002 c32 s12
General
Confidentiality of
communicable diseases information
53(1) Information contained in any file, record,
document or paper maintained by the Chief Medical Officer or by a regional
health authority or an employee or agent on its behalf that comes into
existence through anything done under this Part and that indicates that a
person is or was infected with a communicable disease shall be treated as
private and confidential in respect of the person to whom the information
relates and shall not be published, released or disclosed in any manner that
would be detrimental to the personal interest, reputation or privacy of that
person.
(2) For
the purposes of assessing and improving the standards of care furnished to
persons suffering from communicable diseases, compiling statistics with respect
to communicable diseases, conducting research into communicable diseases, or
for any reason relating to communicable disease that the Chief Medical Officer
considers to be in the interest of protecting the public health, the Chief
Medical Officer may require any physician or health practitioner to furnish the
Chief Medical Officer with the following information:
(a) a
report containing the name and address of any patient of that physician or
health practitioner who is, was or may have been suffering from a communicable
disease and a description of the diagnostic and treatment services provided to
the patient;
(b) medical
or other records, or extracts or copies of them, in respect of that patient and
in the possession of the physician or health practitioner.
(3) Information
obtained by the Chief Medical Officer or by a regional health authority or an
employee or agent on its behalf pursuant to this section shall be treated as
private and confidential and, subject to subsection (4), shall not be published,
released or disclosed in any manner that would be detrimental to the personal
interest, reputation or privacy of the patient.
(4) Information
obtained by the Chief Medical Officer or by a regional health authority or an
employee or agent on its behalf may be disclosed by the Chief Medical Officer
or the regional health authority, employee or agent
(a) to
any person when required by law;
(a.1) to
any person where the Chief Medical Officer, regional health authority, employee
or agent believes on reasonable grounds that the disclosure will avert or
minimize an imminent danger to the health or safety of any person;
(b) to
the person to whom the information relates or the person’s legal
representative;
(c) in
statistical form if the person to whom it relates is not revealed or made
identifiable;
(d) repealed
RSA 2000 cH‑5 s123;
(e) to
a person or body conducting an investigation or disciplinary proceedings
pursuant to legislation governing a profession or occupation that is specified
in the regulations when
(i) the information is requested by the person or body in accordance
with the procedure governing the investigation or disciplinary proceedings, and
(ii) the person to whom the information relates consents to the
disclosure.
(5) Subsection
(1) does not prohibit the disclosure of information
(a) to
any person when required by law to do so,
(a.1) to
any person where the Chief Medical Officer, regional health authority, employee
or agent believes on reasonable grounds that the disclosure will avert or
minimize an imminent danger to the health or safety of any person,
(b) to
any person with the written consent of the Minister, where in the Minister’s
opinion it is in the public interest that the information be disclosed to that
person, or of the person to whom the information relates or the person’s legal
representative, or
(c) to any person where the disclosure is
necessary in the course of the administration of this Part.
RSA 2000 cP‑37
s53; RSA 2000 cH‑5 s123;
2002 c32 s12
Application to court
54(1) Where a person
(a) is
prohibited by section 53 from publishing, releasing or disclosing information,
or
(b) refuses
to disclose information that the person is permitted by section 53 to disclose,
the person to whom the
information relates or the person’s legal representative may apply for an order
directing the person having the information to release it or a copy of it to
the person to whom the information relates or the person’s legal representative
or to some other person named in the order.
(2) An
application under subsection (1)
(a) shall,
if it is made in the course of any action or proceeding to which the person to
whom the information relates or the person’s legal representative is a party,
be made on notice to a judge of the court in which the action or proceeding is
taken, and
(b) shall,
in any other case, be made by way of originating notice to a judge of the Court
of Queen’s Bench.
(3) Where
the judge considers it appropriate to do so, the judge may order that the
application under subsection (1) be heard in private.
(4) In an application under subsection (1), the
onus of showing why the order should not be made for the release of the
information is on the respondent to the motion.
1984 cP‑27.1 s64
Offence
55 No person shall knowingly release, publish or
disclose information contrary to section 53.
1984 cP‑27.1 s65
Provision of names
56(1) A person suffering from a communicable disease
referred to in section 20(2) shall, on request, provide the physician or
sexually transmitted diseases clinic responsible for the person’s treatment
with the names of all persons with whom the person has had sexual contact.
(2) Notwithstanding
section 53, a physician who is provided with the names of contacts pursuant to
subsection (1) shall immediately provide the information to the Chief Medical
Officer.
(3) Notwithstanding section 53, the Chief Medical
Officer may notify a person named as a contact pursuant to subsection (1).
1984 cP‑27.1
s66;1998 c38 s19
Delegation of authority
57 The Chief Medical Officer may in writing
delegate to an employee of the Department any of the powers, duties and
functions conferred or imposed on the Chief Medical Officer by this Act or the
regulations.
1984 cP‑27.1
s67;1998 c38 s19
58 Repealed 2002 c32 s12.
Part 4
General
Inspections and Orders
Inspection of place
other than private dwelling
59(1) An executive officer may inspect any public
place for the purpose of determining the presence of a nuisance or determining
whether this Act and the regulations are being complied with.
(2) An
executive officer making an inspection under subsection (1) may
(a) at
any reasonable hour enter in or on the public place that is the subject of the
inspection;
(b) require
the production of any books, records or other documents that are relevant to
the purpose of the inspection and examine them, make copies of them or remove
them temporarily for the purpose of making copies;
(c) make
reasonable oral or written inquiries of any person who the executive officer
believes on reasonable grounds may have information relevant to the subject‑matter
of the inspection;
(d) inspect
and take samples of any substance, food, medication or equipment being used in
or on the public place;
(e) perform
tests, take photographs and make recordings in respect of the public place.
(3) Where
an executive officer removes any books, records or other documents under
subsection (2)(b), the executive officer shall
(a) give
to the person from whom the items were taken a receipt for the items, and
(b) forthwith return the items to the person
from whom they were taken when they have served the purpose for which they were
taken.
1984 cP‑27.1
s69;1998 c38 s16
Inspection of private
place
60 Where an executive officer believes on
reasonable and probable grounds that a nuisance exists in or on a private place
or that the private place or the owner of it is in contravention of this Act or
the regulations, the executive officer may, with the consent of the owner or
pursuant to an order under section 61,
(a) enter
in or on the private place at a reasonable hour and inspect it;
(b) make
reasonable oral or written inquiries of any person who the executive officer
believes on reasonable grounds may have information relevant to the subject‑matter
of the inspection;
(c) take
samples of any substance, food, medication or equipment being used in or on the
private place;
(d) perform tests, take photographs and make
recordings in respect of the private place.
1984 cP‑27.1
s70;1998 c38 s17
Application to Court
61(1) Where the owner of a public place or a private
place refuses to allow an executive officer to exercise the executive officer’s
powers under section 59 or 60 or hinders or interferes with the executive
officer in the exercise of those powers, the executive officer may apply by
originating notice to a judge of the Court of Queen’s Bench for an order
directing the owner to do or refrain from doing anything the judge considers
necessary in order to enable the executive officer to exercise the executive officer’s
powers, and the judge may make the order accordingly.
(2) An application under subsection (1) may be made
ex parte where the judge considers it proper to do so.
1984 cP‑27.1 s71
Order
62(1) Where, after an inspection under section 59 or
60, the executive officer has reasonable and probable grounds to believe that a
nuisance exists in or on the public place or private place that was the subject
of the inspection or that the place or the owner of it or any other person is
in contravention of this Act or the regulations, the executive officer may
issue a written order in accordance with this section.
(2) An
order shall be served on the person to whom it is directed and shall set out
the reasons it was made, what the person is required to do and the time within
which it must be done.
(3) Where
the order is directed to a person who is not the registered owner, a copy of it
shall also be served forthwith on the registered owner.
(4) An
order may include, but is not limited to, provisions for the following:
(a) requiring
the vacating of the place or any part of it;
(b) declaring
the place or any part of it to be unfit for human habitation;
(c) requiring
the closure of the place or any part of it;
(d) requiring
the doing of work specified in the order in, on or about the place;
(e) requiring
the removal from the place or the vicinity of the place of anything that the
order states causes a nuisance;
(f) requiring
the destruction of anything specified in the order;
(g) prohibiting
or regulating the selling, offering for sale, supplying, distributing,
displaying, manufacturing, preparing, preserving, processing, packaging,
serving, storing, transporting or handling of any food or thing in, on, to or
from the place.
(5) 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, the
executive officer may issue the order orally.
(6) As
soon as is reasonably possible after issuing an oral order under subsection
(5), the executive officer shall serve a written version of the order in
accordance with subsections (2) and (3).
(7) Where
an order is issued under subsection (4)(a), (b) or (c), the executive officer
shall ensure that a copy of the order, or in the case of an oral order, a
notice of the requirements of the order, is posted in a conspicuous place at,
on or near the public place or private place to which the order relates.
(8) A
regional health authority shall maintain a record of all orders issued under
subsection (4)(a), (b) or (c) and shall make the record available for
inspection by the public during the business hours of the main office of the
regional health authority.
(9) If, in the course of an inspection under this
Act, the executive officer is of the opinion that a condition of emergency
exists due to the existence of a nuisance, the executive officer may,
notwithstanding anything in this Act, forthwith take any steps the executive
officer considers appropriate to remove or lessen the nuisance.
1984 cP‑27.1
s72;1988 c41 s20;1996 c31 s24
Recovery of costs
63(1) In this section, “clerk” means
(a) the
chief administrative officer in the case of a city, town, village, summer
village or municipal district,
(b) the
settlement administrator, in the case of a Metis settlement,
(c) the
Deputy Minister of the Minister responsible for the Municipal Government Act, in the case of an improvement district,
or
(d) the
Deputy Minister of the Minister responsible for the Special Areas Act, in the case of a special area.
(2) If
a person to whom an order is directed under section 62 fails to carry out the
order within the time limited by it, in the case of an order that is not
appealed, or within the time limited by the Board in the case of an order that
is appealed to the Board, the executive officer or a person appointed by the
executive officer may, together with any persons that are necessary, enter the
public place or private place and carry out the order.
(3) The
expenses incurred by a regional health authority in carrying out an order under
this section constitute a debt owing to the regional health authority from the
person to whom the order is directed.
(4) Where
a regional health authority carries out an order under this section and the
person to whom the order is directed fails, within 60 days after a demand for
payment, to pay the expenses incurred by the regional health authority, the
secretary of the regional health authority may transmit to the clerk of the
municipality in which the land concerned is located a statement setting out
(a) the
amount of the expenses,
(b) the
name of the registered owner of the land to which the order relates, and
(c) the
location of the land to which the order relates.
(5) On
receipt of a statement under subsection (4), the municipality shall place the
amount of the expenses incurred in carrying out the order on the tax roll as an
additional tax against the land concerned and that amount
(a) forms
a lien on the land in favour of the municipality, and
(b) is,
for all purposes, deemed to be taxes imposed and assessed on land and in
arrears under the Municipal Government
Act from the date the amount was placed on the tax roll, and that Act
applies to the enforcement, collection and recovery of the amount.
(6) Subsection
(5) does not apply to a Metis settlement.
(7) Any
amount collected by the municipality by virtue of subsection (5) shall be paid
to the regional health authority.
(8) Where
an amount recovered under this section by a regional health authority from a
person other than the registered owner of the land to which the order relates
is, as between that person and the registered owner, the responsibility of the
registered owner, that person is entitled to recover the amount from the
registered owner or to deduct the amount from any other amount due from that
person to the registered owner.
(9) Where an amount recovered under this section by
a regional health authority from the registered owner of land is, as between
the registered owner and another person, the responsibility of that other
person, the registered owner is entitled to recover the amount from that other
person or to deduct the amount from any other amount due from the registered
owner to that other person.
1984 cP‑27.1
s73;1988 c41 s21;1990 cM‑14.3 s283;
1994 cM‑26.1 s642(56);1995 c24 s99(38);1996 c31 s24
Notice of health hazard
64(1) When an order is issued under section 62, the
regional health authority may cause to be filed with the Registrar of Land
Titles a notice of health hazard against the registration of any person as
transferee or owner of, or of any instrument affecting, the land that is the
subject of the order, unless the instrument or certificate of title is
expressed to be subject to that notice.
(2) A
notice of health hazard registered under this section does not lapse and shall
not be cancelled or withdrawn except on the receipt by the Registrar of a
notice in writing from the regional health authority requesting cancellation or
withdrawal.
(3) On registering a notice of health hazard, the
Registrar shall notify the person against whose title the notice is registered
and notify caveators and mortgagees when the addresses of those persons may be
ascertained from the certificate of title.
1984 cP‑27.1
s74;1996 c31 s24
Notice of health hazard
- Metis patented land
65(1) When an order is issued under section 62 in
respect of patented land as defined in the Metis
Settlements Act, the regional health authority may submit a notice of
health hazard to the Registrar of the Metis Settlements Land Registry and the
Registrar shall record the notice against the Metis title register for the land
that is subject to the order.
(2) A
notice of health hazard recorded under this section does not lapse and shall
not be cancelled except on the receipt by the Registrar of the Metis
Settlements Land Registry, of a notice in writing from the regional health
authority requesting cancellation.
(3) On recording a notice of health hazard, the
Registrar of the Metis Settlements Land Registry shall notify the person
against whose Metis title the notice is recorded and every person who has
recorded an interest against the Metis title.
1998 c22 s32
Regulations
Regulations
66(1) The Lieutenant Governor in Council may make
regulations
(a) prescribing
communicable diseases for the purposes of any provision of this Act;
(b) prescribing
communicable diseases of which immediate notification is required for the
purposes of sections 22(1)(a), 23(a)(i) and 27(b);
(c) respecting
the prevention and control of the employment of persons who are carriers of or
are infected with prescribed communicable diseases;
(d) respecting
isolation, quarantine, disinfection, disinfestation, decontamination,
destruction of property, exclusion from employment, school or a public place
and other special measures for the purposes of section 29(1);
(e) respecting
the provision of samples to the Provincial Laboratory of Public Health for the
purposes of section 24;
(f) respecting
the keeping of records for the purposes of Part 3 including, without
limitation, regulations setting out
(i) who must keep records,
(ii) what information must be kept in the records and the form in
which records must be kept, and
(iii) confidentiality provisions in respect of the records;
(g) respecting
the standards and methods of distribution of vaccine and vaccination to be
provided;
(h) respecting
the immunization of persons pursuant to section 38(1)(c);
(i) respecting
the immunization of children attending or wishing to attend a day care facility
within the meaning of the Social Care
Facilities Licensing Act;
(j) respecting
the prevention, investigation and suppression among animals of infectious
diseases communicable to humans;
(k) respecting
the quantity and manner of application of an agent to the eyes of newborn
children, to prevent the occurrence of prescribed communicable diseases;
(l) respecting
(i) the construction of itinerant and temporary food establishments,
and
(ii) the location, operation, maintenance, equipping, sanitation and
cleansing of food establishments
engaged in selling,
offering for sale, producing, supplying, distributing, displaying,
manufacturing, preparing, preserving, processing, packaging, labelling,
serving, storing, transporting or handling any food;
(m) respecting
the establishment of standards for food and providing for the destruction of
any food that does not meet those standards;
(n) respecting
the prevention and removal of nuisances;
(o) respecting
the location, operation, maintenance, equipping, cleansing, disinfecting and
disinfestation of
(i) abattoirs,
(ii) noxious trades,
(iii) camps and campgrounds, and
(iv) wells, water fountains, cisterns and water tanks;
(p) respecting
the construction, location, operation, maintenance, disinfection, disinfestation
and disposition of outdoor lavatories;
(q) respecting
the handling and disposal of biomedical waste;
(r) prescribing
the maximum level of contaminants permissible in air or water;
(s) respecting
the location, operation, cleansing, disinfection, disinfestation, equipping and
maintaining of public places;
(t) respecting
the cleansing, disinfection and disinfestation of private dwellings;
(u) respecting
the inspection, equipping, operating, maintaining, cleansing and disinfection
of public and semi‑public swimming pools;
(v) respecting
the preparation, interment, disinterment and transportation of human corpses;
(w) respecting
the licensing of embalmers and prescribing qualifications for admission of
embalmers to practice in Alberta;
(x) respecting
the qualifications of persons employed as executive officers by regional health
authorities;
(y) respecting
the kinds and basic standards of health promotional, preventive, diagnostic,
treatment, rehabilitative and palliative services, supplies, equipment and care
that must be provided by regional health authorities and the conditions under
which they are to be provided;
(z) authorizing
a regional health authority to charge fees for goods and services provided by
or on behalf of the regional health authority in respect of its carrying out
its duties and exercising its powers under this Act, and respecting the amounts
of the fees that may be charged;
(aa) ‑ (cc) repealed 2005 c13 s8;
(dd) respecting
the services, supplies, equipment, care, drugs, medicines and biological agents
that may be provided by the Minister for the purpose of section 12 and
respecting the persons to whom and the conditions under which they may be
provided;
(ee) establishing
a mechanism to deal with appeals from decisions made in connection with the
provision of services, supplies, equipment or care under regulations made under
clause (dd), and setting out what decisions may be appealed and the procedure
to apply in an appeal;
(ff) respecting
the powers, duties and authority of executive officers or classes of executive
officers;
(gg) specifying
professions and occupations for the purposes of section 53(4)(e);
(hh) specifying
regulated matter for the purposes of section 70;
(ii) respecting
all aspects of the granting, cancellation and suspension of licences, permits
or other approvals for any activity subject to regulation under this section;
(jj) specifying
additional decisions for the purposes of section 5(1)(b) that may be appealed
to the Board under that section;
(kk) prescribing
forms for the purposes of regulations under this section;
(ll) defining
terms for the purposes of regulations under this section;
(mm) authorizing
the waiving or mitigation of the application of any of the provisions of the
regulations in particular cases, respecting the circumstances under which the
waiver or mitigation may be granted and respecting the conditions to which a
grant of a waiver or mitigation is subject.
(2) If
a code, standard, guideline or body of rules relates to any matter on which
regulations may be made under subsection (1) and the code, standard, guideline
or body of rules has been published and is available to the public, the
Lieutenant Governor in Council may, in addition to or instead of any regulation
that may be made under subsection (1), by regulation declare the code,
standard, guideline or body of rules to be in force either in whole or in part
and with any specified variations.
(3) The
Minister may make regulations respecting forms for the purposes of section 5(3)
and Part 3.
(4) Regulations under subsection (1) may be made
applicable to a portion of Alberta only.
RSA 2000 cP‑37
s66;2002 c20 s6;2005 c13 s8
Miscellaneous
Protection from
liability
66.1 No action for damages may be commenced
against
(a) the
Minister,
(b) a
member, employee or agent of a regional health authority,
(c) an
employee under the administration of the Minister,
(d) the
Chief Medical Officer, the Deputy Chief Medical Officer, an executive officer
or a medical officer of health,
(e) a
health practitioner, or
(f) a
teacher, a person in charge of an institution or a medical director of a
facility
for anything done or
not done by that person in good faith while carrying out duties or exercising
powers under this or any other enactment.
2002 c32 s12
Crown’s right of recovery
67 The Crown in right of Alberta is entitled to recover the
Crown’s cost of public health services under Part 5 of the Hospitals Act.
1994 c37 s5
Service of documents
68(1) Where this Act or the regulations require or
permit the service of an order, notice or other document on a person, then
unless this Act otherwise provides, the order, notice or other document is
sufficiently served if it is
(a) served
personally on the person,
(b) sent
by registered mail to the person at the person’s last known address, or
(c) published
in a newspaper in accordance with subsection (2).
(2) Where
the person serving an order, notice or other document, after having taken
reasonable steps for the purpose, is unable to locate the person to be served
or to determine that person’s actual address, the order, notice or other
document may be served by publishing it in at least 2 issues, at least a week
apart, of a newspaper having general circulation
(a) in
the place where the person to be served had that person’s last known address
according to the records or other information available to the person serving
the order, notice or other document, and
(b) if the notice, order or other document
relates to the property of the person to be served or is given in proceedings
that relate to that person’s property, in the place where the property is
located.
1984 cP‑27.1 s76
Validity of documents
69 A certificate, notice, order, warrant or other
form issued under this Act or the regulations shall not be held to be
insufficient or invalid by reason only of any irregularity, informality or
insufficiency in it or in any proceedings in connection with its issuance.
1984 cP‑27.1 s77
Intoxicating gas or
vapour
70(1) In this section,
(a) “intoxicating
vapour” means any gas, vapour, fume or liquid that is emitted, given off or
produced from a regulated matter;
(b) “regulated
matter” means any matter specified by regulation as a regulated matter for the
purposes of this section.
(2) No
person shall for the purpose of inducing euphoria, hallucinations or
intoxication
(a) inhale,
administer or otherwise introduce into the person’s respiratory system, or
(b) assist
or cause another person to inhale, administer or otherwise introduce into that
other person’s respiratory system
an intoxicating
vapour.
(3) No
person shall manufacture or give, sell or otherwise distribute any regulated
matter for the purpose of inducing euphoria, hallucinations or intoxication in
any person.
(4) No
person shall manufacture or give, sell or offer to sell or give or otherwise
distribute a regulated matter if the person knows or ought to know that the
regulated matter is to be used for the purpose of inducing euphoria,
hallucinations or intoxication in any person.
(5) This
section does not apply to
(a) the
manufacture or sale of a regulated matter for medical purposes, or
(b) the
inhalation, administration or other introduction of an intoxicating vapour into
the respiratory system under the supervision of
(i) a registered practitioner under the Medical Profession Act,
(ii) a regulated member of the dental profession under the Health Professions Act but does not
apply to a student enrolled in a program of studies, or
(iii) a person acting under the direction of a person referred to in
subclause (i) or (ii).
(6) A
person who contravenes this section is guilty of an offence and liable
(a) for
a first offence,
(i) in the case of an individual, to a fine of not less than $500 and
not more than $1500, to imprisonment for not more than 6 months or to both fine
and imprisonment, and
(ii) in the case of a corporation, to a fine of not less than $2000
and not more than $50 000,
and
(b) for
a 2nd offence and subsequent offences
(i) in the case of an individual, to imprisonment for not more than 6
months, and
(ii) in the case of a corporation, to a fine of
not less than $2000 and not more than $50 000.
RSA 2000 cP‑37
s70;RSA 2000 cH‑7 s145
Obstruction
71 No person shall obstruct, molest, hinder or
interfere with a person in the execution of any duty imposed or in the exercise
of any power conferred on the person by this Act or the regulations.
1984 cP‑27.1 s79
Destruction of notice
72 No person shall conceal, deface, destroy or
remove any notice posted for public information under this Act or the
regulations.
1984 cP‑27.1 s80
Penalty
73(1) A person who contravenes this Act, the
regulations, an order under section 62 or an order of a medical officer of
health or physician under Part 3 is guilty of an offence.
(2) A
person who contravenes an order under section 62 or an order of a medical
officer of health or physician under Part 3 is liable to a fine of not more
than $100 for each day the contravention continues.
(3) A
person who contravenes this Act or the regulations is, if no penalty in respect
of that offence is prescribed elsewhere in this Act, liable to a fine of not
more than $2000 in the case of a first offence and $5000 in the case of a
subsequent offence.
(4) Where a person is convicted of an offence under
this Act, the judge, in addition to any other penalty the judge may impose, may
order the person to comply with the provision of this Act or the regulations or
the order for the contravention of which the person was convicted.
1984 cP‑27.1
s81;1988 c41 s23
Publishing contraventions
74 If a person contravenes an order under section
62, the regional health authority may, notwithstanding that the person has not
been convicted for contravention of that order, publish the order in the manner
it considers appropriate.
1984 cP‑27.1
s82;1996 c31 s24
Paramountcy
75 Except for the Alberta Bill of Rights, this Act prevails over any enactment that
it conflicts or is inconsistent with, including the Health Information Act, and a regulation under this Act prevails
over any other bylaw, rule, order or regulation with which it conflicts.
RSA 2000 cP‑37
s75;RSA 2000 cH‑5 s123