This is an official version.

Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER D-15

AN ACT RESPECTING THE DEPARTMENT OF HEALTH

Analysis

1. Short title

2. Definitions

3. Organization

4. Staff

5. Seal

6. Duties and powers of minister

7. Manner of execution

8. Administration of Acts

9. Consultation and conferences

10. Agreements with other governments

11. Agreements

12. Power to amend agreements

13. Prior approval for agreements

14. Implementation of agreements

15. Other departments

16. Power of minister over public bodies

17. Seal to be affixed to documents

18. Actions taken in name of Attorney General

19. Acquisition of property

20. Payments

21. Officials must respond

22. Boards, committees and councils

23. Attestation of accounts

24. Entry into building or on land

25. Interference or obstruction

26. Photographs

27. Restricted areas

28. Removal of sewage facilities

29. Dwelling unfit for habitation

30. Regulations

31. Security

32. Offence

33. Penalty


Short title

1. This Act may be cited as the Department of Health Act.

RSN1970 c83 s1

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Definitions

2. In this Act

(a) "department" means the Department of Health;

(b) "deputy minister" means the Deputy Minister of Health appointed under this Act;

(c) "health officer" means an officer of the department designated as a health officer by the minister;

(d) "inspector" means an officer of the department designated as an inspector by the minister;

(e) "medical health officer" means a medical practitioner registered and entitled to practise medicine in the province and designated as a medical health officer by the minister;

(f) "minister" means the Minister of Health; and

(g) "municipal authority" includes the City of St. John's, the City of Corner Brook, the City of Mount Pearl, the St. John's Metropolitan Area Board, and a town council, community council, local service district committee and regional council established or continued under the Municipalities Act or another Act.

1973 No20 s2; 1979 c33 Sch C; 1990 c62 s11

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Organization

3. (1) There shall be a department of the province, which shall be called the Department of Health, over which the Minister of Health appointed by the Lieutenant-Governor by commission under the Great Seal of the province shall preside.

(2) The minister shall have the administration and direction of the department and shall hold office during pleasure.

RSN1970 c83 s3

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Staff

4. (1) The Lieutenant-Governor in Council may appoint an officer called the Deputy Minister of Health.

(2) The deputy minister shall be the deputy head of the department and shall hold office during pleasure.

(3) Where there is no deputy minister or the deputy minister is absent, and unless otherwise provided by the Lieutenant-Governor in Council, an officer named by the minister has the powers and shall perform the duties of the deputy minister.

(4) Those other officers and employees that are necessary for the proper conduct of the business of the department shall be appointed or employed in the manner authorized by law, but the minister may temporarily employ those technical and other assistants that he or she considers necessary.

1973 No20 s3

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Seal

5. (1) The department shall have a seal that shall be officially and judicially noticed.

(2) Where the seal of the department is used, it shall be authenticated by the signature of the minister or by the signature of the deputy minister or, where there is no deputy minister or the deputy minister is absent, by the signature of the person who, under subsection 4(3), has the powers of the deputy minister.

1973 No20 s4

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Duties and powers of minister

6. (1) The minister shall have the administration and control of all services, measures and institutions having to do with the preservation and promotion of the health of the people of the province, except for those matters that are under the administration and control of the Government of Canada, but the minister shall have power to cooperate with the Government of Canada in cases where the governments of Canada and of the province think proper.

(2) The minister shall

(a) administer all government hospitals;

(b) supervise and inspect all private hospitals, nursing homes, boarding houses or other places for the treatment of disease or injury or the accommodation of sick or disabled persons, so far as the law allows;

(c) supervise, control and direct matters relating to the institutional care of persons under disability generally, including matters relating to the administration of public institutions or parts of public institutions for the care of the aged and infirm and other disabled persons that are not, or in so far as they are not, by law or by order of the Lieutenant-Governor in Council, assigned to another minister or department of the government;

(d) supervise, control and direct matters relating to the registration of vital statistics and marriage;

(e) take those measures that may seem necessary for the prevention or control of disease;

(f) control possession, handling, keeping and sale of foods, drugs, narcotics and poisons so far as those matters fall within the jurisdiction of the province;

(g) engage, contract with and pay hospitals, medical practitioners, dental practitioners, nurses, scientists, technicians and other persons whose services may be in his or her opinion necessary for the carrying on of the health services and institutions and laws of the province;

(h) purchase equipment that may be necessary for the purposes of the department and in particular the minister shall have, with the approval of the Lieutenant-Governor in Council, power to enter into and to implement agreements for the purchase of hospital and other technical equipment, to be paid for by instalments over a period not exceeding 10 years;

(i) secure the observance and execution of the provisions of all Acts, regulations and orders dealing with matters of public health;

(j) administer a plan authorized by the Lieutenant-Governor in Council for the assistance of students in medicine, dentistry, pathology, nursing or other professional or technical avocations connected with health services, the making of agreements with students or prospective students and the disbursement of money voted by the Legislature for the purpose;

(k) collect information and statistics relating to the public health;

(l) disseminate information that may promote the health of the people;

(m) issue reports, statistics, circulars or other information in relation to public health; and

(n) deal with those other matters that may be assigned to the minister by an Act or by the Lieutenant-Governor in Council.

RSN1970 c83 s7; 1974 No99 s2; 1979 c49 s8;
1981 c4 s54

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Manner of execution

7. (1) Notwithstanding section 17, an agreement referred to in paragraph 6(2)(h) for the purchase of hospital and other technical equipment to be paid for by instalments shall not bind the Crown or the minister or be held to be the act of the Crown or the minister, unless it is signed by the minister and sealed with the seal of the department.

(2) An agreement, entered into by a student or prospective student, referred to in paragraph 6(2)(j) shall be capable of full enforcement, notwithstanding that the student or prospective student may be under the age of majority when he or she enters into the agreement.

RSN1970 c83 s8; 1973 No20 s5

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Administration of Acts

8. The minister shall administer all Acts, orders and regulations, not assigned by or under any Act or law to another minister, relating to his or her powers, functions and duties under this Act.

1973 No20 s6

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Consultation and conferences

9. In exercising his or her powers or carrying out his or her duties and functions under this Act, the minister may consult with and inaugurate conferences of representatives of those bodies or persons that he or she considers advisable.

1973 No20 s6

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Agreements with other governments

10. (1) The minister may, subject to the approval of the Lieutenant-Governor in Council, enter into agreements with the Government of Canada or of a province of Canada or an agency of a government providing for

(a) the joint undertaking by the government of the province or an agency of the government with those governments, or an agency of them, of projects relating to an aspect of the powers, functions or duties of the minister; and

(b) the payment by or to the province of contributions in respect of the cost of projects referred to in paragraph (a).

(2) The minister may, for the purpose of this Act, and subject to the approval of the Lieutenant-Governor in Council, prepare and undertake, alone or with Canada or with a province of Canada, programs of research and investigation, and may coordinate those programs with other similar programs being undertaken in the province or elsewhere in Canada.

1973 No20 s6

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Agreements

11. The minister may, subject to the approval of the Lieutenant-Governor in Council, enter into an agreement for the purpose of exercising or discharging his or her powers, functions or duties.

1973 No20 s6

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Power to amend agreements

12. Power to enter into an agreement shall include power to amend the agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, the approval is also required for an amending agreement.

1973 No20 s6

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Prior approval for agreements

13. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 11 or 12, the Lieutenant-Governor in Council may approve terms, conditions and monetary limits subject to which the minister may, without prior approval of the Lieutenant-Governor in Council, enter into agreements under section 11 or 12.

(2) Subject to the terms, conditions and monetary limits approved by the Lieutenant-Governor in Council under subsection (1), the minister may enter into an agreement without the approval of the Lieutenant-Governor in Council.

(3) Where the minister enters into an agreement under subsection (2), the minister may enter into an amending agreement, subject to those same terms, conditions and limits.

(4) Notwithstanding subsection (3), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

RSN1990 c s13

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Implementation of agreements

14. The minister may implement an agreement made under this Act.

1973 No20 s6

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Other departments

15. In carrying out a project or research program under this Act or in pursuance of an agreement made under this Act, the minister shall, where possible, make use of the services and facilities of other departments of the government.

1973 No20 s6

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Power of minister over public bodies

16. The rights, duties, powers, liabilities and functions of the minister extend and apply to those boards and other public bodies, officials, subjects, services and properties of the Crown which the Lieutenant-Governor in Council designates and assigns to the minister and over which the minister is given the control, regulation, management and supervision.

1973 No20 s6

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Seal to be affixed to documents

17. (1) An agreement, deed or other writing made or executed under this Act shall not bind the government or the minister or be held to be the act of the government or the minister unless it is signed by the minister or the deputy minister or a person designated under subsection 4(3) to exercise the powers and perform the duties of the deputy minister in the circumstances.

(2) Subsection (1) does not apply to transactions in the routine course of administering the affairs of the department under this Act.

1973 No20 s6

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Actions taken in name of Attorney General

18. Unless otherwise provided by law, all actions, suits and other proceedings taken by the minister or the department for the enforcement of an agreement or for the recovery of damages in tort or arising out of contract or for the trial of a right in respect of real or other property under the control of the minister shall be instituted in the name of the Attorney General.

1973 No20 s6

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Acquisition of property

19. (1) Notwithstanding section 17, the minister, for and in the name of the Crown, may acquire by purchase, lease or otherwise and hold, manage and control real or personal property which the minister considers necessary for the purpose of this Act.

(2) The minister may

(a) sell; or

(b) lease, rent, hire or otherwise dispose of for the period and subject to the terms and conditions that he or she may stipulate,

real or personal property of which the minister has the management and control.

(3) All money received by the minister in exercise of the powers conferred on him or her by subsection (2) shall be paid into the Consolidated Revenue Fund.

(4) Where the Crown acquires or disposes of property through the minister, the minister or the deputy minister may execute all deeds and documents on behalf of the Crown with his or her signature and official title and with the seal of the department.

1973 No20 s6

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Payments

20. Payments required to be made by or on behalf of the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall be paid by the Minister of Finance, on the request of the minister, out of the Consolidated Revenue Fund.

1973 No20 s6

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Officials must respond

21. (1) Every official of a public institution, medical health officer, clerk or secretary of a municipal authority, chairperson or secretary of a school board, medical practitioner, nurse, dentist, dental surgeon, optometrist, pharmaceutical chemist, chemist and druggist shall, in relation to matters affecting public health,

(a) answer promptly all communications from the department;

(b) collect and tabulate facts and statistics according to instructions given him or her by the department; and

(c) supply correct information as to all matters submitted to him or her.

(2) A person mentioned in subsection (1) who does not comply with subsection (1) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 1 month or to a fine not exceeding $25 or to both a fine and imprisonment and in default of payment of the fine to additional imprisonment for a term not exceeding 7 days.

RSN1970 c83 s10

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Boards, committees and councils

22. The Lieutenant-Governor in Council may establish boards, committees and councils to assist and advise the minister in carrying out the provisions of this Act or regulations made under this Act.

RSN1970 c83 s11

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Attestation of accounts

23. The minister, the deputy minister or an officer named by the minister under subsection 4(3) may require an account furnished by a person, whether in the employ of the department or not, to be attested on oath or affirmation, which oath or affirmation may be administered by the minister, the deputy minister or an officer referred to in subsection 4(3).

1973 No20 s7

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Entry into building or on land

24. Every health officer, inspector or other person designated by the minister or authorized by the chief medical health officer may enter into and go upon a building, structure or land in the exercise of a power or the performance of a duty under this Act or the regulations and may make those orders and give those directions with regard to the structural alteration of the building or structure, the elimination of existing or potential insanitary conditions, or with respect to another matter that he or she considers advisable in the interest of the public health.

1977 c100 s1

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Interference or obstruction

25. No person shall interfere with or obstruct a health officer in the performance or exercise of a power or duty conferred upon him or her by this Act or the regulations.

1977 c100 s1

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Photographs

26. A health officer, inspector or other person designated by the minister or authorized by the chief medical health officer may, in the performance of a duty under this Act or the regulations, take photographs of existing or potential insanitary conditions or with respect to another matter that he or she considers advisable in the interest of the public health.

1977 c100 s1

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Restricted areas

27. (1) Notwithstanding the Municipalities Act, or other Act or law, the minister may by order declare an area within or outside a municipality to be a restricted area, and the area so declared shall be defined in the order.

(2) The minister shall publish in the Gazette and in a newspaper published or circulating in the area to which the order applies an order made under subsection (1), and the order shall come into effect from the date stated in the order or, if none is stated, then from the date of publication in the Gazette.

(3) The minister may issue permits for the erection, construction, renovation or extension of buildings or sewage facilities in a restricted area and each permit shall be issued subject to those terms and conditions that the minister may mention in or attach to or prescribe in respect of the permit and the terms and conditions may differ in respect of different restricted areas or in respect of different permits in the same restricted area in different circumstances.

(4) The owner and the builder or maker shall, at all times during the erection, construction, renovation, or extension of a building or sewage facility under a permit granted under subsection (3), affix and keep affixed in a conspicuous position upon or adjacent to the erection or construction a placard which the minister shall furnish reading, "Permit granted by Minister of Health", with the date on which the permit was granted, the name of the person to whom it was granted, and the purpose for which it was granted.

(5) A person shall not erect, construct, renovate, or extend or cause to be erected, constructed, renovated, or extended, a building or sewage facility in a restricted area, except under a permit issued under subsection (3) and in accordance with the terms and conditions prescribed in respect of his or her permit.

(6) The minister may issue a permit for the location of a mobile home in a restricted area and a person shall not locate a home in a restricted area except under and in accordance with the terms and conditions mentioned in or attached to or prescribed in respect of the permit by the minister, and the terms and conditions may differ in respect of different restricted areas or in respect of different permits in the same restricted area in different circumstances.

(7) A person who contravenes

(a) this section; or

(b) the terms and conditions mentioned in, attached to or prescribed in respect of a permit issued under subsection (3) or subsection (6) is guilty of an offence.

RSN1970 c83 s20; 1974 No99 s3; 1979 c33 Sch C

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Removal of sewage facilities

28. (1) Where a person erects, constructs, renovates, or extends or causes to be erected, constructed, renovated, or extended a building or sewage facility in a restricted area, without obtaining a permit under subsection 27(3) or otherwise than in accordance with the terms and conditions mentioned in, attached to or prescribed in respect of a permit issued under that subsection, the building or sewage facility so erected, constructed, renovated or extended shall be considered a public nuisance, and the minister may order the owner or builder or maker of it to pull down or fill in or otherwise destroy the building or facility or to make the disposition or alteration of it that the minister considers necessary, within 3 days after the service of the order upon the owner, builder or maker, or within a shorter period that the minister may prescribe.

(2) Where the owner, builder or maker of a building or sewage facility erected, constructed, renovated or extended as described in subsection (1) cannot be found in the restricted area in which the building or facility is situated, the minister may serve an order made under that subsection by posting it in a conspicuous place on or near the building or facility.

(3) Where an order of the minister made under subsection (1), whether served personally under that subsection or by posting it in accordance with subsection (2), is not complied with or is not complied with to an extent that the minister considers reasonable, within 3 days of the service of it or within a shorter period that the minister may designate, the minister may execute the order through a person he or she appoints for the purpose and the minister may recover the cost of execution of the order as a civil debt from the 1st person upon whom the order was served.

(4) A person

(a) on whom an order made under subsection (1) is served personally, who fails to comply with it; or

(b) who interferes with the execution of an order made under subsection (1) or subsection (3)

is guilty of an offence.

RSN1970 c83 s21; 1974 No99 s4

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Dwelling unfit for habitation

29. (1) Where a building, tenement, room or cellar which is occupied as a dwelling house becomes vacant and is in the opinion of the minister unfit for human habitation, the minister may declare it to be a nuisance and may order the owner of it in writing to destroy it, or to make the disposition or alteration of it that the minister considers necessary, and the minister may direct a written notice to be placed upon it stating that it is unfit for human habitation and is not to be inhabited or occupied.

(2) Where an order of the minister issued under subsection (1) is not complied with, or is not complied with to an extent that the minister considers reasonable, within 5 days after the service of it, or within a shorter period that the minister may designate, the minister may execute the order through a person he or she appoints for the purpose and the minister may recover the cost of execution of the order as a civil debt from the 1st person upon whom the order was served.

(3) Where the owner of a vacant building, tenement, room or cellar referred to in subsection (1) cannot be found, the minister may direct the building, tenement, room or cellar to be destroyed and the debris removed, and the cost of the destruction and removal may be recovered from the owner at the suit of the minister as a civil debt.

(4) A person

(a) upon whom an order made under subsection (1) has been served, who fails to obey it; or

(b) who interferes with or obstructs the execution of an order made under subsection (1) or subsection (3)

is guilty of an offence.

RSN1970 c83 s22

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Regulations

30. (1) The minister may make regulations

(a) prescribing the functions, jurisdiction and duties of medical health officers, health officers, inspectors and public health nurses, in relation to public health matters;

(b) providing for courses of instruction and prescribing qualifications for medical health officers, health officers, inspectors and public health nurses;

(c) regulating the management, maintenance, functions, duties and jurisdiction of local boards of health and medical health officers;

(d) providing for the prevention or removal or both of all matters, things and conditions on public or private property which, in the opinion of the minister, constitute or are likely to constitute a menace to public health;

(e) respecting the approval of unserviced building lots in terms of lot size, square area, minimum area and respecting the conduct of tests for the accommodation of sewage disposal systems and prescribing the type and specification of sewage disposal systems adaptable to different building lots;

(f) providing for the entering and inspection of premises used for human occupation in a locality where the existing conditions are in the opinion of the minister insanitary;

(g) providing for the prevention of overcrowding of houses or buildings used for human occupation, hotel bedrooms, common lodging houses, and places of assembly, prescribing the maximum number of people that may be allowed in such a place, and the amount of air space to be allowed for each individual and providing for the prevention of insanitary conditions;

(h) providing for the inspection of hospitals, jails, orphanages, reformatories and all other buildings, both public and private;

(i) providing for the cleansing, purifying, ventilating and disinfecting of all buildings, both public and private and all public conveyances, by the owners and occupiers and persons having the care and ordering of them;

(j) regulating the construction, maintenance, cleansing and disinfection of all drains, sewage systems and sewers and systems of sewage disposal, water closets, cesspools, privies and all similar structures or installations;

(k) respecting the plumbing and drainage of buildings and premises and adopting with or without modifications relevant parts of the National Building Code of Canada;

(l) regulating the method of the carrying on of all noxious or offensive trades or businesses and providing for the summary ending of a condition which in the opinion of the minister may cause an injury to the public health;

(m) providing for the inspection, licensing, method of construction, furnishing, equipping and maintaining, cleansing and disinfecting of all starch factories, dye works or factories in which blood, offal, paraffin, tallow, soap, fertilizers or gas are used or worked up;

(n) providing for the interment and disinterment of the dead, the transportation of the dead, the conduct of funerals of dead bodies, including those dead from specific diseases;

(o) respecting the licensing, location, sanitary operation and maintenance of cemeteries and burial grounds;

(p) respecting the licensing, location, construction, lighting, ventilation, sanitary and waste disposal facilities, and the sanitary maintenance of embalming establishments;

(q) respecting the licensing, location, construction, lighting, ventilation and sanitary operation of burial vaults and crematoria and the equipment used in them;

(r) regulating the plumbing, heating, lighting, ventilation, sanitary equipment and condition of all colleges, schools, hotels, licensed or unlicensed, all lodging houses, boarding houses, stopping places, and every house or building or part of a building where lodgings are furnished, with or without meals, for money or other consideration, and providing for the periodical inspection of all those places by an officer of the department;

(s) prescribing the natural and artificial lighting, the heating, plumbing, ventilation and general hygienic and sanitary conditions of buildings or portions of buildings used or designed to be used for the purpose of conducting in them the business of a barber shop, restaurant, cafe, billiard or pool room, bowling alley, shooting gallery or used for another purpose of a public character, and providing for the licensing of all those premises prior to their use or continuance in use for such a purpose;

(t) prescribing the quality, sale, supply and distribution of vaccine matter, diphtheritic and other sera, streptomycin, penicillin and other antibiotic preparations of a like nature;

(u) prohibiting, limiting or regulating the use, storage and transportation of noxious materials, including pesticides, and fertilizers dangerous to the public health;

(v) providing for the testing of cattle for tuberculosis;

(w) preventing the pollution, defilement, discoloration or fouling of all lakes, rivers, streams, pools, springs and waters, so as to ensure their sanitary condition;

(x) providing for the regulation, licensing, inspection, supervision, location, construction, heating, lighting, ventilation, toilet, washing, bathing and laundering facilities, water supply, sewage disposal, garbage disposal, food preparation and service, pest and rodent control, closing and sanitary operation and maintenance of lumbering, woodcutting, mining, construction and other industrial or commercial camps;

(y) providing for the frequent and effectual cleansing of streets;

(z) providing for the supply of medical aid and hospital accommodation and medicine and other articles of a medical nature that may be considered necessary for mitigating epidemic, endemic, infectious or contagious diseases;

(aa) providing for house to house visiting for case-finding or nursing service;

(bb) providing for the detention of a public conveyance for the purpose of inspecting, cleansing, purifying or disinfecting it and for the detention, for the same purpose, of a person or thing travelling on it or contained in it, and providing that that person or thing or conveyance may be detained as long as necessary for those purposes;

(cc) providing for the periodical inspection of districts by health officers or inspectors and the removal and ending of insanitary conditions or nuisances disclosed by the inspection;

(dd) regulating the construction, location, licensing, equipping, maintenance, cleansing, disinfection, purifying, heating, lighting, ventilation, inspection, operation and use of swimming pools and bathing places;

(ee) prescribing the powers of health officers or inspectors to prohibit or suspend the operation and use of swimming pools and bathing places in respect of which the regulations have been contravened;

(ff) licensing, regulating and controlling diagnostic and public health laboratories;

(gg) prescribing qualifications for persons operating or engaged in diagnostic or public health laboratories;

(hh) providing for safety standards in the various uses of radioactive materials and of radioactive equipment;

(ii) providing for the inspection, licensing, location, supervision, regulation, construction, lighting, heating, ventilation, water supply, sewage disposal, garbage disposal, plumbing, food preparation and service, insect and rodent control, recreational safety, stable sanitation, closing and sanitary operation of health and summer resorts, recreational areas, camps and campsites and the water supply, sewage disposal, garbage disposal, safety and sanitary operation of beaches used for swimming and other recreational purposes;

(jj) with respect to ambulances generally

(i) governing the qualifications of persons owning, operating, controlling or attending an ambulance in actual operation,

(ii) providing for the sanitary operation of ambulances,

(iii) respecting the medical equipment, first aid kits, splints and other equipment and supplies to be carried in ambulances and prohibiting the operation of ambulances that are not equipped as required by the regulations, and

(iv) prescribing the number and qualifications of persons required to operate an ambulance on emergency or other services;

(kk) with respect to the provincial ambulance program or other programs to support ambulance services, prescribing the persons who may or may not be registered in the programs or admitted to them and authorizing the removal of persons from registration or admittance to programs in the circumstances that may be prescribed;

(ll) governing the inspection, licensing, location, construction, lighting, heating, ventilation, water supply, sewage disposal, garbage disposal, plumbing, food preparation and service, insect and rodent control, occupancy, closing and sanitary operation of nursing homes, maternity homes, convalescent homes, private hospitals, homes for children, homes for aged and infirm persons and homes for physically and mentally handicapped persons;

(mm) respecting the inspection, licensing, location, construction, lighting, ventilation, heating, closing, toilet and washing facilities, plumbing, water supply, sewage disposal, garbage disposal, equipment, pest and rodent control and the sanitary operation of commercial laundries, laundromats and drycleaning establishments;

(nn) respecting the inspection, licensing, location, construction, heating, lighting and ventilation, water supply, sewage disposal, garbage disposal, closing, safety and sanitary operation and maintenance of hairdressing establishments, including barbers' shops and beauty salons;

(oo) regulating the operation of places where forms of therapy, baths and massage treatments are given and providing for their inspection, supervision and control towards the end that they shall be kept in a sanitary condition and operated in a manner consistent with the safety of the health of the public;

(pp) providing for the medical inspection of school children;

(qq) providing for instruction in public health and the conduct of public health activities in schools and requiring principals and teachers of schools to report to the officer of the department that may be designated in the regulations on a matter relating to public health;

(rr) providing for the location, construction, closing, cleanliness, lighting, heating and ventilation, water supply, sewage disposal, pest and rodent control and garbage disposal of schools and all other matters affecting the health or safety of pupils;

(ss) regulating in respect of and for the purpose of securing health in industrial and commercial establishments

(i) the supplying of drinking water,

(ii) the preparation, service, sale and consumption of food on the premises,

(iii) lighting,

(iv) the distance to be left between those establishments and dwelling houses,

(v) the arrangements and details of the construction of rooms,

(vi) cubic space to be provided in relation to the number of persons employed,

(vii) aeration and ventilation,

(viii) cleanliness and cleansing,

(ix) the removal and manner of disposal of dust, gas, vapour and waste produced in the course of work,

(x) the system of drainage, including sinks, lavatories, urinals, privies and closets and the method of disposing of waste liquids,

(xi) the temperature of the premises,

(xii) other conditions that may arise, whether of the kinds referred to in subparagraphs (i) to (xi) or not,

(xiii) the control and use of noxious chemicals or materials in industry or other processes,

(xiv) the enforcement, where considered necessary by the deputy minister or other person in the department that the deputy minister may designate, of routine medical or laboratory examination of workers in occupations in which exposure to dust, fumes, gas or noxious chemicals may occur,

(xv) the reporting in writing by medical practitioners to the deputy minister or other persons in the department that the deputy minister may designate of all cases or suspected cases of industrial disease,

(xvi) the inspection of industrial or commercial establishments, workshops, factories, mines or other places of employment for the purpose of investigating potential or apparent health hazards and advising on and enforcing the means of their prevention, and

(xvii) the appointment where necessary of medical health officers, health officers or inspectors to carry out the duties referred to in subparagraph (xvi);

(tt) providing for the medical supervision of persons employed in a factory, mine, workshop or industrial establishment, and prohibiting, limiting and controlling the use of noxious materials or process on the premises, where the deputy minister is of the opinion that there may be risk of injury by accident or disease to the health of persons employed there;

(uu) prescribing fees to be charged and collected for services, inspections and duties carried out under this Act and the regulations; and

(vv) generally, to give effect to the purpose of this Act.

(2) Regulations may be made under this section to apply to the whole of the province or may be restricted in their application to specified establishments in or specified areas of the province.

(3) Where regulations may be made under subsection (1) with respect to licensing, the regulations may prescribe the form of licences and the fees to be paid for licences, stipulate the conditions under which licences may be issued, suspended or cancelled or withheld from issuance and by whom, and prohibiting a person, premises or operation covered by the regulations from acting, being used or being conducted without the appropriate licence.

(4) Where regulations made under subsection (1) or orders made under those regulations conflict with regulations or orders made under the Municipalities Act, the regulations and orders made under this subsection shall prevail.

(5) Regulations made under paragraph (1)(d) may empower a medical health officer, health officer, inspector and an officer or employee of the department designated in the regulations to give those orders that he or she may consider necessary to secure the enforcement of regulations made under that paragraph.

RSN1970 c83 s23; 1973 No20 s8; 1977 c100 s2; 1979 c33 Sch C; 1990 c40 s1

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Security

31. The minister, deputy minister or a person referred to in subsection 4(3) shall have power to require and take security by way of bond or deposit of money for the performance of work in accordance with a contract entered into with the department.

RSN1970 c83 s24; 1973 No20 s9

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Offence

32. A person who contravenes this Act or the regulations or an order made under this Act or the regulations and who in respect of the failure or contravention has not been declared guilty of an offence by another provision of this Act is guilty of an offence.

1974 No99 s5

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Penalty

33. (1) A person who is guilty of an offence is, where no other penalty is specifically provided by this Act, liable on summary conviction to a fine not exceeding $500 or to imprisonment for a period not exceeding 3 months or to both the fine and imprisonment.

(2) A conviction in accordance with subsection (1) does not operate as a bar to further prosecution for an offence referred to in subsection (1) and where there is a continuation each continuance for a day or part of a day constitutes a separate offence.

1974 No99 s5

©Earl G. Tucker, Queen's Printer