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Health Protection and Promotion Act

R.S.O. 1990, CHAPTER H.7

Consolidation Period: From April 1, 2008 to the e-Laws currency date.

Last amendment: 2007, c. 10, Sched. P, s. 17.

SKIP TABLE OF CONTENTS

CONTENTS

PART I
INTERPRETATION

Interpretation

1.  (1)  In this Act,

“Board” means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998; (“Commission”)

“board of health” means a board of health established or continued under this Act and includes,

(a) the regional municipalities of Durham, Halton, Niagara, Peel, Waterloo and York and the County of Oxford,

(b) a single-tier municipality that, under the Act establishing or continuing it, has the powers, rights and duties of a local board of health or a board of health established under this Act, and

(c) an agency, board or organization prescribed by regulation; (“conseil de santé”)

“Chief Medical Officer of Health” means the Chief Medical Officer of Health under this Act; (“médecin-hygiéniste en chef”)

“communicable disease” means a disease specified as a communicable disease by regulation made by the Minister; (“maladie transmissible”)

“dwelling unit” means real property used or designed for use as a home or as a place in which one or more persons may sleep; (“logement”)

“food” means food or drink for human consumption, and includes an ingredient of food or drink for human consumption; (“aliment”)

“food premise” means a premises where food or milk is manufactured, processed, prepared, stored, handled, displayed, distributed, transported, sold or offered for sale, but does not include a private residence; (“dépôt d’aliments”)

“guidelines” means guidelines published by the Minister under this Act; (“lignes directrices”)

“health hazard” means,

(a) a condition of a premises,

(b) a substance, thing, plant or animal other than man, or

(c) a solid, liquid, gas or combination of any of them,

that has or that is likely to have an adverse effect on the health of any person; (“risque pour la santé”)

“health unit” means an area that, by or under any Act, is the area of jurisdiction of a board of health; (“circonscription sanitaire”)

“mandatory”, in relation to a health program or service, means a health program or service mentioned in section 5; (“obligatoire”)

“medical officer of health” means a medical officer of health of a board of health; (“médecin-hygiéniste”)

“milk” means milk from cows, goats or sheep; (“lait”)

“Minister” means Minister of Health and Long-Term Care; (“ministre”)

“Ministry” means Minister of Health and Long-Term Care; (“ministère”)

“municipal member”, in relation to a board of health, means a person appointed to the board of health by the council of a municipality; (“membre municipal”)

“obligated municipality” means, in relation to a health unit, any upper-tier municipality or single-tier municipality that is situated, in whole or in part, in the area that comprises the health unit; (“municipalité assujettie”)

“occupier” includes,

(a) a person who is in physical possession of premises,

(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises, or

(c) a person for the time being receiving the rent of premises, whether as principal or as agent or trustee for another person, or who would so receive the rent if the premises were let, or who is responsible for the payment of municipal taxes,

although there is more than one occupier of the same premises; (“occupant”)

“operator”, in relation to a food premise, means a person who has responsibility for and control over an activity there carried on, although there is more than one operator of the same food premise; (“exploitant”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “operator” is repealed by the Statutes of Ontario, 2007, chapter 10, Schedule D, subsection 1 (1) and the following substituted:

“operator”, in relation to a food premise and small drinking water system, means a person who has responsibility for and control over an activity carried on at the food premise or the small drinking water system, although there is more than one operator of the same food premise or small drinking water system; (“exploitant”)

See: 2007, c. 10, Sched. D, ss. 1 (1), 4 (2).

“person” includes a board of health, a municipality and any other corporation; (“personne”)

“physician” means a legally qualified medical practitioner; (“médecin”)

“premises” means lands and structures, or either of them, and includes,

(a) water,

(b) ships and vessels,

(c) trailers and portable structures designed or used for residence, business or shelter,

(d) trains, railway cars, vehicles and aircraft; (“lieu”)

“public health inspector” means a public health inspector of a board of health; (“inspecteur de la santé”)

“public health nurse” means a public health nurse of a board of health; (“infirmière-hygiéniste”)

“public pool” means a structure, basin, chamber or tank containing or intended to contain an artificial body of water for swimming, water sport, water recreation or entertainment, but does not include,

(a) one that is located on a private residential property under the control of the owner or occupant and that is limited to use for swimming or bathing by the owner or occupant, members of their family and their visitors, or

(b) one that is used solely for commercial display and demonstration purposes; (“piscine publique”)

“registered nurse in the extended class” means a member of the College of Nurses of Ontario who is a registered nurse holding an extended certificate of registration under the Nursing Act, 1991; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure”)

“regulations” means regulations made under this Act; (“règlements”)

“reportable disease” means a disease specified as a reportable disease by regulation made by the Minister; (“maladie à déclaration obligatoire”)

“residential building” means a structure that contains one or more dwelling units; (“immeuble d’habitation”)

“sanitary facilities” means a room or rooms containing one or more toilets and one or more washbasins; (“installations sanitaires”)

“school” means a private school and a school as defined in the Education Act; (“école”)

“school board” means a board as defined in the Education Act; (“conseil scolaire”)

“sexually transmitted disease” means a disease caused by an infectious agent usually transmitted during sexual contact; (“maladie sexuellement transmissible”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2007, chapter 10, Schedule D, subsection 1 (2) by adding the following definition:

“small drinking water system” means a small drinking water system as specified by regulation; (“petit réseau d’eau potable”)

See: 2007, c. 10, Sched. D, ss. 1 (2), 4 (2).

“virulent disease” means,

(a) Cholera,

(b) Diphtheria,

(c) Ebola virus disease,

(d) Gonorrhoea,

(e) Hemorrhagic fever,

(f) Lassa fever,

(g) Leprosy,

(h) Marburg virus disease,

(i) Plague,

(j) Syphilis,

(k) Smallpox,

(l) Tuberculosis,

or a disease specified as a virulent disease by regulation made by the Minister. (“maladie virulente”) R.S.O. 1990, c. H.7, s. 1 (1); 1997, c. 30, Sched. D, s. 1; 1998, c. 18, Sched. G, s. 55 (1); 2000, c. 5, s. 14 (1); 2001, c. 25, s. 477 (1-3); 2006, c. 19, Sched. L, s. 11 (2, 3); 2007, c. 10, Sched. F, s. 1.

Closing of premises

(2)  An order under this Act that requires the closing of premises is an order,

(a) to shut the premises so as to prevent entrance or access to the premises by any person; and

(b) to suspend the operation of any enterprise or activity on or in the premises,

except by such persons or for such purposes as are specified in the order. R.S.O. 1990, c. H.7, s. 1 (2).

Purpose

2.  The purpose of this Act is to provide for the organization and delivery of public health programs and services, the prevention of the spread of disease and the promotion and protection of the health of the people of Ontario. R.S.O. 1990, c. H.7, s. 2.

Act binds Crown

3.  This Act binds the Crown. R.S.O. 1990, c. H.7, s. 3.

PART II
HEALTH PROGRAMS AND SERVICES

Duty of board of health

4.  Every board of health,

(a) shall superintend, provide or ensure the provision of the health programs and services required by this Act and the regulations to the persons who reside in the health unit served by the board; and

(b) shall perform such other functions as are required by or under this or any other Act. R.S.O. 1990, c. H.7, s. 4.

Mandatory health programs and services

5.  Every board of health shall superintend, provide or ensure the provision of health programs and services in the following areas:

1. Community sanitation, to ensure the maintenance of sanitary conditions and the prevention or elimination of health hazards.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 5 is amended by the Statutes of Ontario, 2007, chapter 10, Schedule D, subsection 1 (3) by adding the following paragraph:

1.1 The provision of safe drinking water by small drinking water systems.

See: 2007, c. 10, Sched. D, ss. 1 (3), 4 (2).

2. Control of infectious diseases and reportable diseases, including provision of immunization services to children and adults.

3. Health promotion, health protection and disease and injury prevention, including the prevention and control of cardiovascular disease, cancer, AIDS and other diseases.

4. Family health, including,

i. counselling services,

ii. family planning services,

iii. health services to infants, pregnant women in high risk health categories and the elderly,

iv. preschool and school health services, including dental services,

v. screening programs to reduce the morbidity and mortality of disease,

vi. tobacco use prevention programs, and

vii. nutrition services.

4.1 Collection and analysis of epidemiological data.

4.2 Such additional health programs and services as are prescribed by the regulations.

5. Home care services that are insured services under the Health Insurance Act, including services to the acutely ill and the chronically ill. R.S.O. 1990, c. H.7, s. 5; 1997, c. 30, Sched. D, s. 2.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 5 is repealed by the Statutes of Ontario, 1994, chapter 26, section 71. See: 1994, c. 26, ss. 71, 76.

School pupils

6.  (1)  Every board of health shall provide such of the health programs and services as are prescribed by the regulations for the purposes of this section to the pupils attending schools within the health unit served by the board of health. R.S.O. 1990, c. H.7, s. 6 (1).

Consent of school

(2)  Subsection (1) does not apply in respect of pupils attending a school unless the person or organization that operates the school has agreed to the provision of the particular health program or service to the pupils attending the school. R.S.O. 1990, c. H.7, s. 6 (2).

Application of subs. (1)

(3)  Subsection (1) applies only in respect of the classifications of pupils prescribed by the regulations in respect of a health program or service. R.S.O. 1990, c. H.7, s. 6 (3).

Prohibition

(4)  Where a board of health is required by this Act or the regulations, on request of a person or organization that operates a school, to provide or ensure the provision of a health program or service, no person or organization that operates a school in the health unit served by the board of health shall provide or ensure the provision of the health program or service to a pupil in the school without the approval of the medical officer of health for the health unit. R.S.O. 1990, c. H.7, s. 6 (4).

Separate school rights preserved

(5)  Subsections (1) to (4) shall not be construed to adversely affect any right or privilege respecting separate schools enjoyed by separate school boards or their supporters under the Constitution Act, 1867 and the Education Act. R.S.O. 1990, c. H.7, s. 6 (5).

Guidelines

7.  (1)  The Minister may publish guidelines for the provision of mandatory health programs and services and every board of health shall comply with the published guidelines. R.S.O. 1990, c. H.7, s. 7 (1).

Idem

(2)  Guidelines shall be transmitted to each board of health and shall be available for public inspection in the Ministry. R.S.O. 1990, c. H.7, s. 7 (2).

Not regulations

(3)  A guideline is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. R.S.O. 1990, c. H.7, s. 7 (3); 2006, c. 21, Sched. F, s. 136 (1).

Conflict

(4)  In the event of conflict between a regulation and a guideline, the regulation prevails. R.S.O. 1990, c. H.7, s. 7 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 7 is amended by the Statutes of Ontario, 2007, chapter 10, Schedule D, subsection 1 (4) by adding the following subsections:

Adoption of codes

(5)  A guideline may adopt by reference, in whole or in part, with such changes as are specified in the guideline, any code, formula, protocol or procedure and may require compliance with the code, formula, protocol or procedure so adopted. 2007, c. 10, Sched. D, s. 1 (4).

Rolling incorporation

(6)  If a guideline under subsection (5) so provides, a code, formula, protocol or procedure adopted by reference shall be a reference to it as amended from time to time and whether the amendment was made before or after the guideline was made. 2007, c. 10, Sched. D, s. 1 (4).

When effective

(7)  The adoption of an amendment to a code, formula, protocol or procedure that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment and transmitting the notice to each board of health. 2007, c. 10, Sched. D, s. 1 (4).

See: 2007, c. 10, Sched. D, ss. 1 (4), 4 (2).

Extent of programs and services

8.  A board of health is not required by this Part to provide or ensure the provision of a mandatory health program or service referred to in this Part except to the extent and under the conditions prescribed by the regulations and the guidelines. R.S.O. 1990, c. H.7, s. 8.

Optional health programs and services

9.  A board of health may provide any other health program or service in any area in the health unit served by the board of health if,

(a) the board of health is of the opinion that the health program or service is necessary or desirable, having regard to the needs of persons in the area; and

(b) the councils of the municipalities in the area approve of the provision of the health program or service. R.S.O. 1990, c. H.7, s. 9.

PART III
COMMUNITY HEALTH PROTECTION

Duty to inspect

10.  (1)  Every medical officer of health shall inspect or cause the inspection of the health unit served by him or her for the purpose of preventing, eliminating and decreasing the effects of health hazards in the health unit. R.S.O. 1990, c. H.7, s. 10 (1).

Idem

(2)  The duty of every medical officer of health under subsection (1) includes, but is not limited to, the duty to inspect or cause the inspection of the following:

1. Food premises and any food and equipment thereon or therein.

2. Premises used or intended for use as a boarding house or lodging house. R.S.O. 1990, c. H.7, s. 10 (2).

Complaint re health hazard related to occupational or environmental health

11.  (1)  Where a complaint is made to a board of health or a medical officer of health that a health hazard related to occupational or environmental health exists in the health unit served by the board of health or the medical officer of health, the medical officer of health shall notify the ministry of the Government of Ontario that has primary responsibility in the matter and, in consultation with the ministry, the medical officer of health shall investigate the complaint to determine whether the health hazard exists or does not exist. R.S.O. 1990, c. H.7, s. 11 (1).

Report

(2)  The medical officer of health shall report the results of the investigation to the complainant, but shall not include in the report personal health information within the meaning of the Personal Health Information Protection Act, 2004 in respect of a person other than the complainant, unless consent to the disclosure is obtained in accordance with that Act. 2004, c. 3, Sched. A, s. 86.

Conflict

(3)  The obligation imposed on the medical officer of health under subsection (2) prevails despite anything to the contrary in the Personal Health Information Protection Act, 2004. 2004, c. 3, Sched. A, s. 86.

Duty of M.O.H. re occupational and environmental health

12.  (1)  Every medical officer of health shall keep himself or herself informed in respect of matters related to occupational and environmental health. R.S.O. 1990, c. H.7, s. 12 (1).

Provision of information to M.O.H.

(2)  The Ministry of the Environment, the Ministry of Health and Long-Term Care, the Ministry of Labour or a municipality shall provide to a medical officer of health such information in respect of any matter related to occupational or environmental health as is requested by the medical officer of health, is in the possession of the ministry or municipality and the ministry or municipality is not prohibited by law from disclosing. R.S.O. 1990, c. H.7, s. 12 (2); 2006, c. 19, Sched. L, s. 11 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2007, chapter 10, Schedule D, subsection 1 (5) by adding the following section:

Authority of M.O.H. re small drinking water systems

12.1  (1)  A medical officer of health may, in respect of small drinking water systems, vary requirements in prescribed provisions of the regulations on a temporary basis and may establish interim requirements with which an owner or operator of the small drinking water system must comply. 2007, c. 10, Sched. D, s. 1 (5).

Limitation on power of M.O.H.

(2)  In exercising his or her authority under subsection (1), a medical officer of health shall ensure that the risk to the users of the small drinking water system is not increased by the variance in the requirements or by the establishment of interim requirements. 2007, c. 10, Sched. D, s. 1 (5).

See: 2007, c. 10, Sched. D, ss. 1 (5), 4 (2).

Order by M.O.H. or public health inspector re health hazard

13.  (1)  A medical officer of health or a public health inspector, in the circumstances mentioned in subsection (2), by a written order may require a person to take or to refrain from taking any action that is specified in the order in respect of a health hazard. R.S.O. 1990, c. H.7, s. 13 (1).

Condition precedent to order

(2)  A medical officer of health or a public health inspector may make an order under this section where he or she is of the opinion, upon reasonable and probable grounds,

(a) that a health hazard exists in the health unit served by him or her; and

(b) that the requirements specified in the order are necessary in order to decrease the effect of or to eliminate the health hazard. R.S.O. 1990, c. H.7, s. 13 (2).

Time

(3)  In an order under this section, a medical officer of health or a public health inspector may specify the time or times when or the period or periods of time within which the person to whom the order is directed must comply with the order. R.S.O. 1990, c. H.7, s. 13 (3).

Idem

(4)  An order under this section may include, but is not limited to,

(a) requiring the vacating of premises;

(b) requiring the owner or occupier of premises to close the premises or a specific part of the premises;

(c) requiring the placarding of premises to give notice of an order requiring the closing of the premises;

(d) requiring the doing of work specified in the order in, on or about premises specified in the order;

(e) requiring the removal of anything that the order states is a health hazard from the premises or the environs of the premises specified in the order;

(f) requiring the cleaning or disinfecting, or both, of the premises or the thing specified in the order;

(g) requiring the destruction of the matter or thing specified in the order;

(h) prohibiting or regulating the manufacturing, processing, preparation, storage, handling, display, transportation, sale, offering for sale or distribution of any food or thing;

(i) prohibiting or regulating the use of any premises or thing. R.S.O. 1990, c. H.7, s. 13 (4).

Person directed

(5)  An order under this section may be directed to a person,

(a) who owns or is the occupier of any premises but where an order is directed to the occupier, the person making the order shall deliver or cause the delivery of a copy of the order to the owner of the premises;

(b) who owns or is in charge of any substance, thing, plant or animal or any solid, liquid, gas or combination of any of them; or

(c) who is engaged in or administers an enterprise or activity,

in the health unit served by the medical officer of health or the public health inspector. R.S.O. 1990, c. H.7, s. 13 (5).

Reasons for order

(6)  An order under this section is not effective unless the reasons for the order are set out in the order. R.S.O. 1990, c. H.7, s. 13 (6).

Oral order

(7)  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 medical officer of health or the public health inspector may make the order orally and subsection (6) does not apply to the order. R.S.O. 1990, c. H.7, s. 13 (7).

Description of person directed

(8)  It is sufficient in an order under this section to direct the order to a person or persons described in the order, and an order under this section is not invalid by reason only of the fact that a person to whom the order is directed is not named in the order. R.S.O. 1990, c. H.7, s. 13 (8).

Directions by M.O.H.

14.  (1)  A medical officer of health, in the circumstances specified in subsection (2), may give directions in accordance with subsection (3) to the persons whose services are engaged by or to agents of the board of health of the health unit served by the medical officer of health. R.S.O. 1990, c. H.7, s. 14 (1).

When M.O.H. may give directions

(2)  A medical officer of health may give directions in accordance with subsection (3) where the medical officer of health is of the opinion, upon reasonable and probable grounds, that a health hazard exists in the health unit and the person to whom an order is or would be directed under section 13,

(a) has refused to or is not complying with the order;

(b) is not likely to comply with the order promptly;

(c) cannot be readily identified or located and as a result the order would not be carried out promptly; or

(d) requests the assistance of the medical officer of health in eliminating or decreasing the effect of the health hazard. R.S.O. 1990, c. H.7, s. 14 (2).

Contents of directions

(3)  Under this section, a medical officer of health may direct the persons whose services are engaged by or the agents of the board of health of the health unit served by the medical officer of health to take such action as is specified in the directions in respect of eliminating or decreasing the health hazard. R.S.O. 1990, c. H.7, s. 14 (3).

Idem

(4)  Directions under this section may include, but are not limited to,

(a) authorizing and requiring the placarding of premises specified in the directions to give notice of the existence of a health hazard or of an order made under this Act, or both;

(b) requiring the doing of work specified in the directions in, on or about any premises;

(c) requiring the removal of anything that the directions state is a health hazard from premises or the environs of premises specified in the directions;

(d) requiring the detention of any matter or thing removed from any premises or the environs of any premises;

(e) requiring the cleaning or disinfecting, or both, of any premises or thing specified in the directions;

(f) requiring the destruction of any thing specified in the directions. R.S.O. 1990, c. H.7, s. 14 (4).

Recovery of expenses by action

15.  (1)  The expenses incurred by a board of health in respect of a health hazard in, on or of any premises may be recovered from the owner or the occupier, or both, of the premises, with costs, by the board of health by action in a court of competent jurisdiction. R.S.O. 1990, c. H.7, s. 15 (1).

Statement to municipal clerk

(2)  In the alternative, where costs and expenses of a board of health that may be recovered from the owner or occupier of premises are not paid within sixty days after a demand to the owner or occupier for payment, the secretary of the board of health may transmit to the clerk of the municipality in which the premises are situated a statement setting out,

(a) the amount of the costs and expenses;

(b) the name of the owner of the premises; and

(c) the location of the premises. R.S.O. 1990, c. H.7, s. 15 (2).

Collection

(3)  Upon receipt of the statement, the clerk of the municipality shall enter the amount in the collector’s roll and the amount shall be collected in the same manner as municipal real property taxes and the amount collected shall be paid over to the board of health. R.S.O. 1990, c. H.7, s. 15 (3); 1999, c. 12, Sched. J, s. 32.

Recovery by occupier

(4)  Where an amount recovered by a board of health after a demand or under subsection (1) from an occupier of premises is, between the occupier and the owner of the premises, the responsibility of the owner, the occupier is entitled to recover the amount from the owner or to deduct the amount from any other amount due from the occupier to the owner. R.S.O. 1990, c. H.7, s. 15 (4).

Recovery by owner

(5)  Where an amount recovered by a board of health after a demand or under subsection (1) or (3) from an owner of premises is, between the owner and the occupier, the responsibility of the occupier, the owner is entitled to recover the amount from the occupier or to add the amount to any other amount due from the occupier to the owner. R.S.O. 1990, c. H.7, s. 15 (5).

Food premise

16.  (1)  Every person who operates a food premise shall maintain and operate the food premise in accordance with the regulations. R.S.O. 1990, c. H.7, s. 16 (1).

Notice of intention to commence operation

(2)  Every person who intends to commence to operate a food premise shall give notice of the person’s intention to the medical officer of health of the health unit in which the food premise will be located. R.S.O. 1990, c. H.7, s. 16 (2).

Persons employed on or in food premise

(3)  Every person employed on or in a food premise shall comply with the standards and requirements prescribed by the regulations for such persons. R.S.O. 1990, c. H.7, s. 16 (3).

Information

(4)  Every person who operates a food premise shall furnish the medical officer of health of the health unit in which the food premise is located with such information as the medical officer of health requests in respect of the manufacturing, processing, preparation, storage, handling, display, transportation, sale or offering for sale of any food on or in the food premise and the distribution of food from the food premise. R.S.O. 1990, c. H.7, s. 16 (4).

Records

(5)  Every person who operates a food premise shall keep such records in respect of the manufacturing, processing, preparation, storage, handling, display, transportation and sale, or offering for sale of food on or in the food premise and the distribution of food from the food premise as are prescribed by the regulations, and shall keep the records in such form, with such detail and for such length of time as are prescribed by the regulations. R.S.O. 1990, c. H.7, s. 16 (5).

Sale of diseased food

17.  No person shall sell or offer for sale any food that is unfit for human consumption by reason of disease, adulteration, impurity or other cause. R.S.O. 1990, c. H.7, s. 17.

Unpasteurized or unsterilized milk

18.  (1)  No person shall sell, offer for sale, deliver or distribute milk or cream that has not been pasteurized or sterilized in a plant that is licensed under the Milk Act or in a plant outside Ontario that meets the standards for plants licensed under the Milk Act. R.S.O. 1990, c. H.7, s. 18 (1).

Milk products

(2)  No person shall sell, offer for sale, deliver or distribute a milk product processed or derived from milk that has not been pasteurized or sterilized in a plant that is licensed under the Milk Act or in a plant outside Ontario that meets the standards for plants licensed under the Milk Act. R.S.O. 1990, c. H.7, s. 18 (2).

Exception

(3)  Subsection (1) does not apply in respect of milk or cream that is sold, offered for sale, delivered or distributed to a plant licensed under the Milk Act. R.S.O. 1990, c. H.7, s. 18 (3).

Definition

(4)  In subsection (2),

“milk product” means a product processed or derived in whole or mainly from milk. R.S.O. 1990, c. H.7, s. 18 (4).

Seizure

19.  (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. R.S.O. 1990, c. H.7, s. 19 (1).

Examination

(2)  The medical officer of health or public health inspector shall detain the substance, thing, plant or animal pending such examination or investigation as is necessary in his or her opinion or as is requested by the owner or person from whom the substance, thing, plant or animal was seized, to determine the existence of the health hazard. R.S.O. 1990, c. H.7, s. 19 (2).

Return

(3)  Where the examination or investigation indicates that a health hazard is not present, the medical officer of health or public health inspector shall release the substance, thing, plant or animal to the owner or person from whom it was seized. R.S.O. 1990, c. H.7, s. 19 (3).

Destruction

(4)  Where the examination or investigation indicates that a health hazard is present, the medical officer of health or public health inspector shall destroy or dispose of the substance, thing, plant or animal or take such other action as will eliminate or decrease the health hazard. R.S.O. 1990, c. H.7, s. 19 (4).

Food

(5)  Where food is seized under this section and the 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) and (3) do not apply and he or she may destroy or dispose of the food or cause it to be destroyed or disposed of without further examination or investigation. R.S.O. 1990, c. H.7, s. 19 (5).

Facilities required in residential buildings

20.  Every person who owns a residential building shall provide,

(a) potable water; and

(b) sanitary facilities or a privy,

for the residents of the residential building. R.S.O. 1990, c. H.7, s. 20.

PART IV
COMMUNICABLE DISEASES

Definitions, Part IV

21.  (1)  In this Part,

“institution” means,

(a) “charitable institution” within the meaning of the Charitable Institutions Act,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) is repealed by the Statutes of Ontario, 2007, chapter 8, section 210. See: 2007, c. 8, ss. 210, 232 (2).

(b) premises approved under subsection 9 (1) of Part I (Flexible Services) of the Child and Family Services Act,

(c) “children’s residence” within the meaning of Part IX (Licensing) of the Child and Family Services Act,

(d) “day nursery” within the meaning of the Day Nurseries Act,

(e) “facility” within the meaning of the Developmental Services Act,

(f) Repealed: 2001, c. 13, s. 17.

(g) “home for special care” within the meaning of the Homes for Special Care Act,

(h) “home” within the meaning of the Homes for the Aged and Rest Homes Act,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (h) is repealed by the Statutes of Ontario, 2007, chapter 8, section 210 and the following substituted:

(h) “long-term care home” within the meaning of the Long-Term Care Homes Act, 2007,

See: 2007, c. 8, ss. 210, 232 (2).

(i) “psychiatric facility” within the meaning of the Mental Health Act,

(j) “approved home” and “institution” within the meaning of the Mental Hospitals Act,

(k) “correctional institution” within the meaning of the Ministry of Correctional Services Act,

(l) “detention facility” within the meaning of section 16.1 of the Police Services Act,

(m) “nursing home” within the meaning of the Nursing Homes Act,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (m) is repealed by the Statutes of Ontario, 2007, chapter 8, section 210. See: 2007, c. 8, ss. 210, 232 (2).

(n) “private hospital” within the meaning of the Private Hospitals Act,

(o) place or facility designated as a place of secure custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise,

(p) a prescribed place,

and includes any other place of a similar nature; (“établissement”)

“superintendent” means the person who has for the time being the direct and actual superintendence and charge of an institution. (“chef d’établissement”) R.S.O. 1990, c. H.7, s. 21 (1); 2001, c. 13, s. 17; 2002, c. 17, Sched. F, Table; 2006, c. 19, Sched. D, s. 8 (1); 2007, c. 10, Sched. F, s. 2.

Idem

(2)  In this Part,

“administrator”, “hospital”, “out-patient” and “patient” have the same meanings as in the Public Hospitals Act. R.S.O. 1990, c. H.7, s. 21 (2).

Order by M.O.H. re communicable disease

22.  (1)  A medical officer of health, in the circumstances mentioned in subsection (2), by a written order may require a person to take or to refrain from taking any action that is specified in the order in respect of a communicable disease. R.S.O. 1990, c. H.7, s. 22 (1).

Condition precedent to order

(2)  A medical officer of health may make an order under this section where he or she is of the opinion, upon reasonable and probable grounds,

(a) that a communicable disease exists or may exist or that there is an immediate risk of an outbreak of a communicable disease in the health unit served by the medical officer of health;

(b) that the communicable disease presents a risk to the health of persons in the health unit served by the medical officer of health; and

(c) that the requirements specified in the order are necessary in order to decrease or eliminate the risk to health presented by the communicable disease. R.S.O. 1990, c. H.7, s. 22 (2); 1997, c. 30, Sched. D, s. 3 (1).

Time

(3)  In an order under this section, a medical officer of health may specify the time or times when or the period or periods of time within which the person to whom the order is directed must comply with the order. R.S.O. 1990, c. H.7, s. 22 (3).

What may be included in order

(4)  An order under this section may include, but is not limited to,

(a) requiring the owner or occupier of premises to close the premises or a specific part of the premises;

(b) requiring the placarding of premises to give notice of an order requiring the closing of the premises;

(c) requiring any person that the order states has or may have a communicable disease or is or may be infected with an agent of a communicable disease to isolate himself or herself and remain in isolation from other persons;

(d) requiring the cleaning or disinfecting, or both, of the premises or the thing specified in the order;

(e) requiring the destruction of the matter or thing specified in the order;

(f) requiring the person to whom the order is directed to submit to an examination by a physician and to deliver to the medical officer of health a report by the physician as to whether or not the person has a communicable disease or is or is not infected with an agent of a communicable disease;

(g) requiring the person to whom the order is directed in respect of a communicable disease that is a virulent disease to place himself or herself forthwith under the care and treatment of a physician;

(h) requiring the person to whom the order is directed to conduct himself or herself in such a manner as not to expose another person to infection. R.S.O. 1990, c. H.7, s. 22 (4); 1997, c. 30, Sched. D, s. 3 (2).

Person directed

(5)  An order under this section may be directed to a person,

(a) who resides or is present;

(b) who owns or is the occupier of any premises;

(c) who owns or is in charge of any thing; or

(d) who is engaged in or administers an enterprise or activity,

in the health unit served by the medical officer of health. R.S.O. 1990, c. H.7, s. 22 (5).

Class orders

(5.0.1)  An order under this section may be directed to a class of persons who reside or are present in the health unit served by the medical officer of health. 2003, c. 1, s. 15 (1).

Notice to class

(5.0.2)  If a class of persons is the subject of an order under subsection (5.0.1), notice of the order shall be delivered to each member of the class where it is practicable to do so in a reasonable amount of time. 2003, c. 1, s. 15 (1).

Same, general notice

(5.0.3)  If delivery of the notice to each member of a class of persons is likely to cause a delay that could, in the opinion of the medical officer of health, significantly increase the risk to the health of any person, the medical officer of health may deliver a general notice to the class through any communications media that seem appropriate to him or her, and he or she shall post the order at an address or at addresses that is or are most likely to bring the notice to the attention of the members of the class. 2003, c. 1, s. 15 (1).

Information in notice

(5.0.4)  A notice under subsection (5.0.3) shall contain sufficient information to allow members of the class to understand to whom the order is directed, the terms of the order, and where to direct inquiries. 2003, c. 1, s. 15 (1).

Hearing for class member

(5.0.5)  Where a class of persons is the subject of an order under subsection (5.0.1), any member of the class may apply to the Board for the purposes of requiring a hearing under section 44 respecting that member. 2003, c. 1, s. 15 (1).

Health Care Consent Act, 1996

(5.1)  The Health Care Consent Act, 1996 does not apply to,

(a) a physician’s examination of a person pursuant to an order under this section requiring the person to submit to an examination by a physician;

(b) a physician’s care and treatment of a person pursuant to an order under this section requiring the person to place himself or herself under the care and treatment of a physician. 1996, c. 2, s. 67 (1).

Additional contents of order

(6)  In an order under this section, a medical officer of health,

(a) may specify that a report will not be accepted as complying with the order unless it is a report by a physician specified or approved by the medical officer of health;

(b) may specify the period of time within which the report mentioned in this subsection must be delivered to the medical officer of health. R.S.O. 1990, c. H.7, s. 22 (6).

Reasons for order

(7)  An order under this section is not effective unless the reasons for the order are set out in the order. R.S.O. 1990, c. H.7, s. 22 (7).

22.1  Repealed: 2006, c. 26, s. 15 (1).

Order by M.O.H. re person under sixteen

23.  Where an order by a medical officer of health in respect of a communicable disease is directed to a person under sixteen years of age and is served upon the parent of the person or upon any other person who has the responsibilities of a parent in relation to the person under sixteen years of age, the parent or other person shall ensure that the order is complied with. R.S.O. 1990, c. H.7, s. 23.

Directions by M.O.H.

24.  (1)  A medical officer of health, in the circumstances specified in subsection (2), may give directions in accordance with subsection (3) to the persons whose services are engaged by or to agents of the board of health of the health unit served by the medical officer of health. R.S.O. 1990, c. H.7, s. 24 (1).

When M.O.H. may give directions

(2)  A medical officer of health may give directions in accordance with subsection (3) where the medical officer of health is of the opinion, upon reasonable and probable grounds, that a communicable disease exists in the health unit and the person to whom an order is or would be directed under section 22,

(a) has refused to or is not complying with the order;

(b) is not likely to comply with the order promptly;

(c) cannot be readily identified or located and as a result the order would not be carried out promptly; or

(d) requests the assistance of the medical officer of health in eliminating or decreasing the risk to health presented by the communicable disease. R.S.O. 1990, c. H.7, s. 24 (2); 1997, c. 30, Sched. D, s. 4 (1).

Contents of directions

(3)  Under this section, a medical officer of health may direct the persons whose services are engaged by or who are the agents of the board of health of the health unit served by the medical officer of health to take such action as is specified in the directions in respect of eliminating or decreasing the risk to health presented by the communicable disease. R.S.O. 1990, c. H.7, s. 24 (3); 1997, c. 30, Sched. D, s. 4 (2).

Idem

(4)  Directions under this section may include, but are not limited to,

(a) authorizing and requiring the placarding of premises specified in the directions to give notice of the existence of a communicable disease or of an order made under this Act, or both;

(b) requiring the cleaning or disinfecting, or both, of any thing or any premises specified in the directions;

(c) requiring the destruction of any thing specified in the directions. R.S.O. 1990, c. H.7, s. 24 (4).

Recovery of expenses

(5)  The expenses incurred by a board of health in carrying out directions given by a medical officer of health in respect of a communicable disease may be recovered with costs by the board of health from the person to whom an order is or would be directed under section 22 in respect of the communicable disease by action in a court of competent jurisdiction. R.S.O. 1990, c. H.7, s. 24 (5).

Duty to report disease

25.  (1)  A physician or a practitioner as defined in subsection (2) who, while providing professional services to a person who is not a patient in or an out-patient of a hospital, forms the opinion that the person has or may have a reportable disease shall, as soon as possible after forming the opinion, report thereon to the medical officer of health of the health unit in which the professional services are provided. R.S.O. 1990, c. H.7, s. 25; 1998, c. 18, Sched. G, s. 55 (2).

Definition

(2)  In subsection (1),

“practitioner” means,

(a) a member of the College of Chiropractors of Ontario,

(b) a member of the Royal College of Dental Surgeons of Ontario,

(c) a member of the College of Nurses of Ontario,

(d) a member of the Ontario College of Pharmacists,

(e) a member of the College of Optometrists of Ontario,

(f) a person registered as a drugless practitioner under the Drugless Practitioners Act, or

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (f) is repealed by the Statutes of Ontario, 2007, chapter 10, Schedule P, section 17 and the following substituted:

(f) a member of the College of Naturopaths of Ontario,

See: 2007, c. 10, Sched. P, ss. 17, 21 (2).

(g) a prescribed person. 1998, c. 18, Sched. G, s. 55 (3); 2007, c. 10, Sched. F, s. 3.

Carrier of disease

26.  A physician or registered nurse in the extended class who, while providing professional services to a person, forms the opinion that the person is or may be infected with an agent of a communicable disease shall, as soon as possible after forming the opinion, report thereon to the medical officer of health of the health unit in which the professional services are provided. R.S.O. 1990, c. H.7, s. 26; 2007, c. 10, Sched. F, s. 4.

Duty of hospital administrator to report re disease

27.  (1)  The administrator of a hospital shall report to the medical officer of health of the health unit in which the hospital is located if an entry in the records of the hospital in respect of a patient in or an out-patient of the hospital states that the patient or out-patient has or may have a reportable disease or is or may be infected with an agent of a communicable disease. R.S.O. 1990, c. H.7, s. 27 (1).

Duty of superintendent of institution to report re disease

(2)  The superintendent of an institution shall report to the medical officer of health of the health unit in which the institution is located if an entry in the records of the institution in respect of a person lodged in the institution states that the person has or may have a reportable disease or is or may be infected with an agent of a communicable disease. R.S.O. 1990, c. H.7, s. 27 (2).

When report to be given

(3)  The administrator or the superintendent shall report to the medical officer of health as soon as possible after the entry is made in the records of the hospital or institution, as the case may be. R.S.O. 1990, c. H.7, s. 27 (3).

Duty of school principal to report disease

28.  The principal of a school who is of the opinion that a pupil in the school has or may have a communicable disease shall, as soon as possible after forming the opinion, report thereon to the medical officer of health of the health unit in which the school is located. R.S.O. 1990, c. H.7, s. 28.

Report by operator

29.  (1)  The operator of a laboratory shall report to the medical officer of health of the health unit in which the person who gives rise to the case resides each case of a positive laboratory finding in respect of a reportable disease, as soon as possible after the making of the finding. R.S.O. 1990, c. H.7, s. 29 (1); 2007, c. 10, Sched. F, s. 5.

Contents and time of report

(2)  A report under this section shall state the laboratory findings and shall be made within the time prescribed by the regulations. R.S.O. 1990, c. H.7, s. 29 (2).

Definition

(3)  In this section,

“laboratory” has the same meaning as in section 5 of the Laboratory and Specimen Collection Centre Licensing Act. R.S.O. 1990, c. H.7, s. 29 (3).

Communicable disease acquired at facility

29.1  (1)  Where a medical officer of health is of the opinion, based on information he or she has received, that a communicable disease may have been acquired through exposure at a health facility, and the communicable disease has not been reported to the medical officer of health by that facility, the medical officer of health may report to the administrator of the health facility both the opinion and the basis on which the medical officer of health has come to the opinion. 2007, c. 10, Sched. F, s. 6.

Definition

(2)  In this section,

“health facility” means a hospital to which the Public Hospitals Act applies, a long-term care facility regulated under a statute of Ontario, a psychiatric facility within the meaning of the Mental Health Act, or a person or entity prescribed as a health facility. 2007, c. 10, Sched. F, s. 6.

Orders to deal with communicable disease outbreaks

29.2  (1)  Subject to subsection (2), a medical officer of health may make an order requiring a public hospital or an institution to take any actions specified in the order for the purposes of monitoring, investigating and responding to an outbreak of communicable disease at the hospital or institution. 2007, c. 10, Sched. F, s. 6.

When order may be made

(2)  A medical officer of health may make an order under subsection (1) if he or she is of the opinion, upon reasonable and probable grounds, that an outbreak of a communicable disease exists or may exist at the public hospital or institution, and that the communicable disease presents a risk to the health of persons in the public hospital or institution, and that the measures specified in the order are necessary in order to decrease or eliminate the risks to health associated with the outbreak. 2007, c. 10, Sched. F, s. 6.

Time

(3)  In an order under this section, a medical officer of health may specify the time or times when or the period or periods of time within which the order must be complied with. 2007, c. 10, Sched. F, s. 6.

Person directed

(4)  An order under this section may be directed to the administrator of the public hospital or the superintendent of the institution, and the administrator or superintendent shall ensure that the actions provided for in the order are taken. 2007, c. 10, Sched. F, s. 6.

Reasons for order

(5)  An order under this section is not effective unless the reasons for the order are set out in the order. 2007, c. 10, Sched. F, s. 6.

Definitions

(6)  In this section,

“institution” means an institution as defined in subsection 21 (1); (“établissement”)

“public hospital” means a hospital to which the Public Hospitals Act applies. (“hôpital public”) 2007, c. 10, Sched. F, s. 6.

Duty to report death

30.  A physician or registered nurse in the extended class who signs a medical certificate of death in the form prescribed by the regulations under the Vital Statistics Act where the cause of death was a reportable disease or a reportable disease was a contributing cause of death shall, as soon as possible after signing the certificate, report thereon to the medical officer of health of the health unit in which the death occurred. R.S.O. 1990, c. H.7, s. 30; 2007, c. 10, Sched. F, s. 7.

Reports by M.O.H. re diseases

31.  (1)  Every medical officer of health shall report to the Ministry in respect of reportable diseases and in respect of deaths from such diseases that occur in the health unit served by the medical officer of health. R.S.O. 1990, c. H.7, s. 31 (1).

Reports by M.O.H. re events

(2)  Every medical officer of health shall report to the Ministry within seven days after receiving a report concerning a reportable event under section 38 that occurs in the health unit served by the medical officer of health. R.S.O. 1990, c. H.7, s. 31 (2).

Communication between medical officers of health

32.  (1)  A medical officer of health may transmit to another medical officer of health or to the proper public health official in another jurisdiction any information in respect of a person in relation to whom a report in respect of a reportable disease has been made under this Act. R.S.O. 1990, c. H.7, s. 32 (1).

Transmittal of report

(2)  Where the person in respect of whom a report is made under this Part to a medical officer of health does not reside in the health unit served by the medical officer of health, the medical officer of health shall transmit the report to the medical officer of health serving the health unit in which the person resides. R.S.O. 1990, c. H.7, s. 32 (2).

Communicable diseases of the eyes

33.  (1)  Every physician, public health nurse or other health care professional person attending at the birth of a child shall ensure that the requirements prescribed by the regulations in respect of communicable diseases of the eyes of the new-born child are complied with. R.S.O. 1990, c. H.7, s. 33.

Health Care Consent Act, 1996

(2)  The Health Care Consent Act, 1996 does not apply to the requirements prescribed by the regulations in respect of communicable diseases of the eyes of the new-born child. 1996, c. 2, s. 67 (2).

Physician or extended class nurse to report refusal or neglect of treatment

34.  (1)  Every physician and every registered nurse in the extended class shall report to the medical officer of health the name and residence address of any person who is under the care and treatment of the physician or the nurse in respect of a communicable disease and who refuses or neglects to continue the treatment in a manner and to a degree satisfactory to the physician or the nurse. 2007, c. 10, Sched. F, s. 8 (1).

Report to be made to M.O.H.